CHURCH DISPUTE

Evening Post, Volume CXVIII, Issue 33, 8 August 1934, Page 11

CHURCH DISPUTE

JUDGMENT FOB BISHOP

VICAR TO GIVE UP CHATTELS

(By Telegraph—Press Association.)

HAMILTON, August 7.

Reserved decision was given in the ■Hamilton Magistrate's Court this afternoon by Mr. S. L. Paterson, S.M-., i« favour of the plaintiffs 'in the case in which the Bishop of Waikato (the Kt. Rev. C. A. Cherrington) and the churchwardens^of St. Andrew's, Cambridge, claimed certain chattels, including the keys and books of accounts of tho church, from tho Rev. G. G. 8011, former vicar of tho parish. After reviewing the constitution of tho Church of England at considerable length, tho Magistrato disagreed with the defendant's interpretation of a clause in the canons to the effect that payment of his stipend was a condition precedent to the bishop's demand for resignation. By his own action in disregarding the canons'requiring him to forward receipts . and statements of church finance, ..the defendant made the bishop's compliance with the canons impossible. Tho Magistrate therefore hold that the bishop's action in declaring the cure vacant was valid and effective, j . ■' ' ■ Regarding the defendant's second point that the bishop's action required confirmation by a higher authority of the church —tho Metropolitan —Mr. Paterson held such contention to bo wholly without' foundation. The highest authority was the General Synod, and tho Metropolitan or Primate was appointed by the General Synod, and was subject to its authority. The Magistrato also disagreed with tho defendant's argument that the bishop and wardens were not validly elected and lawfully constituted. The Bishop,-he-considered, was lawfully tho minister in charge of the parish, and the other two plaintiffs were validly elected churchwardens. In any case, their validity did .;iiot affect their right to sue for property which the parish jointly owned. The defendant was ordered to deliver the chattels up to the plaintiffs and to pay costs. .