DIOCESAN SYNOD.

Lyttelton Times, Volume LXXIII, Issue 9120, 4 June 1890, Page 6

DIOCESAN SYNOD.

SPECIAL SESSION. Tuesday, June 3. A special session of the Christchurch Diocesan Synod was opened yesterday at 2.30p.m., in the library of Christ’s College. Present—The Eight Eev the Bishop (presiding), Ven Archdeacons Dudley, Lingard, Cholmondoley, Eev Canons Cotterill, Stanford, Eevs E. E. Chambers, H. Collins, W. Dunkloy, H. E. East, W. Cruden, G. P. Clinton, T. Flavell, H. J. C. Gilbert, C. H> Gosset, S. Hamilton, W. E. Gillam, W. Harper, J. O’B. Hoare, J. Holland, F. Knowles, W. F. Knowles, C. JMerton, E. E. Otway, W. A. Pascoe, J. Preston, H. T. Pnrchas, E. A. Scott, J. Sheldon, F. J, Sotbam, J. W. Stack, J. F. Teakle, E. J. Thorpe, H. Williams, E. Whitehouse, W. T. P. Winner, P. H. Pritchett, and the Hons J. B. A. Acland, H. B, Gresaon, Messrs A. P. N. Blakiston, A. E. Bloxam, H. Allwright, C. H. Bridge, B, Chapman, G. Dunnage, P. J. Fryer, T. Gordon, J. Grigg, W. H. Hargreaves, E. J. S. Harman, J. M. Heywood, H. P. Hill, A. Hope, E. C. Latter, F. de C. Malet, T. W. Maude, G. Mayo, G. M'intyre, W. D. Meares, B. W. Mountfort, H. P. Murray-Aynsley, H. N. Nalder, F. D. S. Neave, j. W. Overton, J. Gibbs, E. F. Holderness, C. Parsons, H. H. Pitman, A. Eose, F. G. Stcdman, E. Ticehurst, W. Vincent, H. E. Webb, T. S. Weston, A. C. Wilson, B. Woollcombe, F. E. Wright, and E. Willis. Tho Eight Eev the President opened the session with prayer. He announced that ho had received apologies for absence from the Eevs 11. B. Cocks, G. P. Hutu, C. Coates, T. A. Hamilton, C. Tntrell, L. C. Brady, Mr C. Gibson, and Mr C. Whitefoord. president’s address. The Eight Eev the President delivered the following address ; —My Eev Brethren of the Clergy and Brethren of the Laity, —Thus early in my episcopate I am reluctantly compelled to summon you for further consideration, and, as I hope, final settlement of the Property tax question. This subject has already caused so great waste of time and money, and lias been productive of such injury to tbe healthy work of the Church, that I feel sure that I may count upon your hearty sympathy in my desire to bring it to a satisfactory conclusion, even though by the sacrifice o£ our legal rights, and of some of our too limited income. As this is the only business which will be brought before you, it will be unnecessary for mo to do more than introduce the subject in tbe fewest possible words. I take this opportunity of recalling the names of two lata members of this Synod who have passed away since the last session. One, the Ven Archdeacon Bowen, so lately raised to a post of dignity in this diocese, and with whom I had hoped to spend long years in the service of our common Lord, whose memory will long bo fresh in the hearts of his fellow-churchmen. The other, Mr W. H. Shaw, one of the lay readers of the Church, to whom the diocese owes so great a debt of gratitude. It was thought by some that, in order to avoid the expense and inconvenience of another special session of Synod, of which, duringthe pasttwelve months, you have had more than enough, I might make this the annual session. Such change would have made it necessary for me to address you more at length upon the general work of the diocese, with which I could not, in so short a time, bo fully acquainted, and would have deprived me of an opportunity, which I shall greatly value, of addressing the Synod in October upon the more practical and spiritual work of the Church, in which I shall require your counsel and assistance when the burden of this present difficulty is removed. Under these circumstances, and with the advice of the Standing Committee, I am compelled to lay this additional labour upon you. It is, however, impossible for me to address you thus, for the first time as President of the Synod, without making some reference to my present position. I stand in the place of one whose long years of faithful untiring service, and whose blameless Christian spirit, have justly endeared him to you all, and whose energy has triumphed over the growing infirmities of age. Never has Bishop more deservedly carried with him into hia retirement the affection and esteem of his diocese. May God enable me to follow in his stops. Nor can I lose this opportunity of thanking the diocese, as represented by this Synod, for the overwhelming kindness which I and mine have received since we landed in New Zealand. If aught is necessary beyond the consciousness o£ my high calling to stir me up to be a diligent and faithful Bishop and pastor of the Church, it will surely be the memory of the expectations you have formed of me and the sympathy and affection which you have so readily extended to me. I am making my best effort, by personal visitation of the diocese, to make myself acquainted with its present condition and needs, that I may be the better able to deal with them at our annual session. Of the origin of the dispute between tho Church Property Trustees and the mortgagees, I need say but little. By a judgment of tho Court of Appeal, delivered in August, ISSB, it was decided that the mortgagees are liable to pay the Property tax levied on the English loan, and the trustees accordingly resolved to leave to the mortgagees the responsibility of the recovery of the tax already paid by them, and of deducting it for the future. On this resolution the late Bishop spoke as follows, in words which I heartily endorse: —“ In whatever light the action of the trustees in this matter may bo viewed by the commercial world, or however it may he sanctioned by the law of the land, it is to my mind inconsistent with that higher law of morality which the Church, the teacher of righteousness is bound to uphold, namely, the law which would give to all their duo, and requires us to act up to our engagements though to our own loss and hindrance.” In accordance with the views expressed by the Bishop, resolutions to the following effect were passed by the Synod: (1) “ That the mortgagees be at once reimbursed all money paid by them for arrears of tax, fines, interest and costs.” (2) “Thattho Church Property Trustees be authorised to pay the Property tax now imposed, or any tax which should be thereafter imposed in New Zealand upon the loan of £50,000,” These resolutions were carefully considered by tbe Church Property Trustees, who finally declined to carry them out, on the reasonable ground that thpy would thereby make themselves liable for breach of trust. At a special session of Synod, held ia March, 1889, the matter was again considered, and a resolution was passed to the effect that a Bill should be promoted in the next session of tho General Assembly, authorising the payment by the Church Property Trustees of all arrears of tax, interest, and costs, but leaving the mortgagees to recover the amount of the future tax from the coupon-holders as best they might. In October of the same year a further resolution was passed by the Synod, asking tbe mortgagees to co-operate with the trustees in their endeavours to obtain payment of the tax from the coupon-holders. This endeavour has been found to be, if not hopelessly futile, at least highly dangerous and inexpedient, for reasons which will ho doubt be fully laid before you, and the trustees accordingly applied to the Standing Committee to prepare a fresh draft of a Bill authorising the payment, out of the General and Dean and Chapter Estates, both of the arrears of tax, interest and costs, and also of the future tax. You will be asked to allow the promotion of this Bill at the next session of the General Assembly, and I sincerely trust that in the interests of morality and of the honour of the diocese, for the sake of peace, and for the spiritual good of the diocese, you will agree to do so; or if none of these seem to you concerned, that you will, at least, accept the inevitable, and make the best of it. The Hon H. B. Gressou moved—“ That the hearty thanks of Bynod be given to his Lordship for hia valuable address, and :,that he bo asked to allow it to be printed.” Tho. Yeu_ Acchdeac,btt. r Dadley-seconded

the motion, which was carried unanimously. ELECTION OF OFFICERS. The following officers wore elected : Clerical Secretary, Eev T. Flavell; Lay Secretary, Mr A. F. N. Blakiston ; Chairman of Committees, Mr T. W. Maude; Clerk of Committees, Mr F. G, Stedman. HOURS OF MEETING. It was decided that the hours of meeting should be from 4 p.m. to 6 p.m., with an adjournment to 7.30 p.m., and that tho Synod adjourn at 10 p.m., unless otherwise ordered. RETORT OF THE CHURCH PROPERTY TRUSTEES. The Committee appointed by the Church Property Trustees to confer with the mortgagees, reported that the interview had been held, and the matter had also been deliberated upon by tbe Committee. The latter brought before the Synod two course which they considered worthy of attention, viz. : —(1) For the trustees to pay the interest on the loan to the mortgagees on the latter undertaking to deduct the tax. As regarded this coarse, the Committee were strongly of opinion that it would not bring tbe matter to an end, that the deduction of the tax from the interest would not in the present circumstances bo acquiesced in, but would be resisted, probably successfully, and at further serious cost to the estate. (2) For the trustees to continue the present mode of paying the interest in full direct to the couponholders, and then to proceed in England against one or more debenture-holders for the recovery of tho tax. Assuming a successful result to such proceedings, there would still bo the essential requirement—finality wanting, since the remaining debenture-holders would not be necessarily hound to accept the decision. Tue facts that the debentures were held in numerous lots, that the ownership must, to some extent, be constantly changing, and that the debentures and relative coupons are not held necessarily by tbe same persons would involve tho trustees in much costly and vexatious litigation. The report went on to state that the mortgagees had been unsuccessful in obtaining a list of deben-ture-holders. In conclusion, the Committee reported (I) that the first of the two causes mentioned was one which could only be adopted at the personal risk of each trustee; that it would be, if not impossible, an inexpedient course, and one which they must decline to recommend. (2) That the propriety of expending the funds of the estate in adopting and attempting to carry out tbe second course was open to such serious doubt that the Committee, having in view the duty of the trustees to conserve the trust committed to them, could not recommend its adoption. (3) Under such circumstances it would be for the Synod to consider whether the mortgagees should be left to pay the tax and expenses, or whether it would authorise an application for the necessary legislative sanction to enable tbe trustees to pay the sum out of the trust estate.

The reading of the report was followed by a discussion, during which Mr J. M. Batham slated that tbe Church Property Trustees had approved of the report of their Committee. NOTICES OF MOTION. Mr Batham gave notice of the following motions: — “ (1) That this Synod, considering it to be doubtful whether the arrears of the Property tax on the English loan, with interest thereon and incidental costs paid or incurred by the mortgagees, can be recovered from the holders of the debentures and coupons, and that great difficulties must m *the future arise and expense be incurred if the mortgagees are compelled to take steps from time to time to recover the amount of tho future tax from the holdeis of the debentures and coupons, resolves it to be expedient that tbe Church Property Trustees should he enabled to pay the Property tax, as well past as future, on the English loan, with interest and expenses, out of the Trust Estate,” (2) “ That the Church Property Trustees be authorised to apply to the Legislature of the Colony for an Act enabling them to pay the Property tax, as well past as future, on the English loan, and all interest and expenses connected therewith out of the Trust Estate.” (3) “That His Lordship the Eisbop he authorised, and respectfully requested to sign all declarations, petitions or other documents, in connection with the Bill to bo promoted under the previous resolution, which may ho required by the Standing Orders of either branch of the Legislature; and that the Hon John Barton Arundel Acland, M.L.C., he asked to take charge of such Bill in the Legislative Council, and that Sir John Hall, K.C.M.G., M.H.E., be asked to take charge of such Bill in the House of representatives.” (4) “That the Church Property Trustees be requested to make such payments as may be authorised by any Act to be obtained in pursuance of the foregoing resolutions.” The Synod adjourned to 4 p.m; to-day.