ORDERED TO GIVE UP KEYS

Taranaki Daily News, 8 August 1934, Page 4

ORDERED TO GIVE UP KEYS

FORMER CAMBRIDGE VICAR DISPUTE OVER CHURCH SETTLED. JUDGMENT IN FAVOUR OF BISHOP. MAGISTRATE GIVES HIS DECISION. i By Telegraph—Press Association. Hamilton, Last Night. A reserved decision was given at Hamilton this afternoon by Mr. S. L. Paterson, S.M., in favour of the plaintiffs in the case in ■which the Bishop of Waikato and the churchwardens of St. Andrew’s, Cambridge, claimed certain chattels, including keys and books, on account of the church, from the Rev. G. G. Bell, former vicar of the parish. After reviewing the constitution of the Church of England at considerable length the magistrate disagreed with the defendant’s interpretation of a clause in the canon 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. The magistrate therefore held that the bishop’s action in declaring the position vacant was valid and effective.

Regarding the defendant’s second point, that the bishop’s action required confirmation by a higher authority of the church, to wit, the metropolitan, Mr. Paterson held such a contention to be wholly without foundation. The highest authority was the general synod, and the metropolitan or primate was appointed by the general synod and was subject to its authority.

The magistrate also disagreed with the defendant’s argument that the bishop and the wardens were not validly elected and lawfully constituted. The bishop, he considered, was lawfully the minister in charge of the parish, and the other two plaintiffs were validly elected churchwardens. In any case their validity did not 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 pay the costs.