CANON XXI.

Of the Fund for Aged and Infirm Clergy.

SEC. 1. Five lay Trustees shall be appointed annually by the Convention, who, with the Bishop, shall constitute a Board to be called the Trustees of the Fund for Aged and Infirm Clergymen.

SEC. 2. Vacancies occurring in the number of the abovenamed five lay Trustees, by death, resignation, or otherwise, during the recess of the Convention, may be supplied by the remaining Trustees.

SEC. 3. It shall be the duty of the said Trustees to assume the management and care of the following funds:

1st. The fund now provided for the relief of Aged and Infirm Clergymen of the Diocese, together with that which may hereafter be contributed or acquired, and any accumulation accruing from the investment thereof.

2nd. A fund to be hereafter contributed or acquired for the relief of Widows and Children of Deceased Clergymen of the Diocese, together with any accumulation accruing from the investment thereof.

SEC. 4. It shall be the further duty of the said Trustees to receive applications for relief or assistance from any persons entitled to receive aid from either of the funds above mentioned, and to apply such relief or assistance as follows:

1st. As to the fund for Aged and Infirm Clergymen, to apply such relief or assistance on the principles of, and subject to, the limitations indicated in the report of the Special Committee made to the Annual Convention of 1841,* and subject also to such other rules and regulations as have since been adopted by this Conven

** (a) Legacies and donations to be invested as a permanent fund; the proceeds to be applied annually, if needed, under the direction of the Bishop and three lay Trustees, to be elected by the Convention at each stated meeting. If the whole or any part of the annual revenue of said fund be not needed, in any year, it might be considered thenceforth as part of the capital.

. . . (b) Another . . source of income will be found, it is presumed, in annual contributions to be made by all the congregations in the Diocese, on some day previously notified.

tion, or as said Trustees, with the approbation of said Convention, shall from time to time adopt.

2nd. As to the fund for the Widows and Children of Clergymen, to apply such relief or assistance on the principles of, and subject to, the limitations laid down by the regulations adopted by the Annual Convention of 1886 in relation to said fund, and subject also to such further rules and regulations as said Trustees, with the approbation of this Convention, shall from time to time adopt.

SEC. 5. A collection shall be made annually in every congregation in this Diocese, on the annual Thanksgiving Day, or on Christmas Day, or on the Sunday next before or next following either of those days.

This collection and all other contributions to these objects shall be transmitted to the Treasurer of the said Board of Trustees.

All donations and legacies received by said Treasurer shall, in the absence of the special designation of one or other of the said funds, be applied as the Trustees in their discretion may determine, subject, however, to any other or different appropriation by the Convention of any particular gift or legacy. The annual collection, herein provided for, shall, in the absence of special

"With regard to the limitations under which relief should be applied, your Committee are aware that much must be left to the discretion of the Trustees. . . . In regard to these limitations, the Committee would suggest:

"I. That relief should be confined to those whose circumstances are actually straightened, and who have been actively engaged in parochial or kindred labors during a large part of their ministerial lives.

"2. It should not be so administered as to supersede on the part of parishes the duty of making provision for the support of their pastor when too aged or infirm to continue his ministry; and should therefore be confined, in the case of parish clergymen, to cases in which the parish has signified, through the Bishop, its inability or indisposition to make such provision to an adequate extent.

"3. It should not be extended to clergymen who have near relatives in affluent circumstances, unless there be satisfactory evidence that such relatives are unwilling to discharge the duty of providing for those of their own household.

"4. In deciding between conflicting claims, preference should be given caeteris paribus to those who have been longest employed within the Diocese in ministerial duty."

designation of any portion thereof by the donors, be applied by said Trustees to the fund for the Widows and Children of Clergymen. The Treasurer shall keep a separate account of each of the said funds, and all moneys not wanted for current use shall be invested and held in trust by the said Trustees.

SEC. 6. The said Trustees shall elect their own Chairman, Treasurer, and Secretary.

They shall meet at least twice in each year, and shall keep minutes of their proceedings, which shall be submitted to the Convention of the Diocese whenever called for.

CANON XXII.

Of the Trial of a Clergyman not being a Bishop.

Whenever any Minister of this Diocese, not being a Bishop thereof, shall become "liable to presentment and trial," under the provisions of any Canon of the General or Diocesan Convention, the mode of proceeding in this Diocese shall be as follows, viz.:

SEC. 1. The trial shall be on a presentment in writing, addressed to the Bishop of the Diocese, specifying the offences of which the accused is alleged to be guilty, with reasonable certainty as to time, place, and circumstances. Such presentment may be made by the major part in number of the members of the Vestry of any Church of which the accused is a Minister, or by any three Presbyters of this Diocese entitled to seats in the Convention, or as hereinafter mentioned. Whenever, from public rumor or otherwise, the Bishop shall have reason to believe that any Clergyman is under the imputation of having been guilty of any offence or misconduct for which he is liable to be tried, and that the interest of the Church requires an investigation, it shall be his duty to appoint five persons, of whom three at least shall be Presbyters, to examine the case, a majority of whom may make such examination; and if there is in their opinion sufficient ground for presentment, shall present the Clergyman accordingly.

SEC. 2. A presentment being made in any one of the modes above prescribed, the Bishop, if the facts charged shall not appear to him to be such as constitute an offense, may dismiss it; or if it allege facts, some of which do and some of which do not consti

tute an offense, he may allow it in part and dismiss the residue, or he may permit it to be amended. When it shall be allowed in whole or in part, the Bishop shall cause a copy of it to be served on the accused, and shall also nominate twelve Presbyters of this Diocese, entitled to seats in the Convention and not being parties to the presentment, and cause a list of their names to be served on the accused, who shall, within thirty days after such service, select five of them and notify their names in writing to the Bishop and if he shall not give such notification to the Bishop within the said thirty days, the Bishop shall select five, and the Presbyters so selected shall form a Board for the trial of the accused, and shall meet at such time and place as the Bishop shall direct, and shall have power to adjourn from time to time, and from place to place (but always within this Diocese), as they shall think necessary.

SEC. 3. A written notice of the time and place of their first meeting shall be served at least thirty days before such meeting on the accused, and also on one of the persons making the presentment.

SEC. 4. If, at the time appointed for the first meeting of the Board of Presbyters, the whole number of five shall not attend, then those who do attend may adjourn from time to time; and if, after one adjournment or more, it shall appear to them improbable that the whole number will attend within a reasonable time, then those who do attend, not being less than three, shall constitute the Board, and proceed to the trial, and a majority of them shall decide all questions.

SEC. 5. If a clergyman presented shall confess the truth of the facts alleged in the presentment, it shall be the duty of the Bishop to proceed to pass sentence; and if he shall not confess them before the appointment of a Board for his trial, as before mentioned, he shall be considered as denying them.

SEC. 6. If a clergyman presented, after having had due notice, shall not appear before the Board of Presbyters appointed for his trial, the Board may nevertheless proceed as if he were present, unless for good cause they shall see fit to adjourn to another day.

SEC. 7. When the Board proceed to the trial, they shall hear such evidence as shall be produced, which evidence shall be reduced to writing, and signed by the witnesses respectively; and some officer, authorized by law to administer oaths, may, at the desire of either party, be requested to administer an oath or affirmation to the witnesses that they will testify the truth, the whole truth, and nothing but the truth, concerning the facts charged in the presentment. If, on or during the trial, the accused shall confess the truth of the charges, as stated in the presentment, the Board may dispense with hearing further evidence, and may proceed at once to state their opinion to the Bishop as to the sentence that ought to be pronounced.

SEC. 8. Upon the application of either party to the Bishop, and it being made satisfactorily to appear to him that any material witnesses cannot be procured upon the trial, the Bishop may appoint a Commissary to take the testimony of any such witness. Such Commissary may be either a Clergyman or a Layman, and the party so applying shall give to the other at least six days' notice of the time and place of taking the testimony. And if the person on whom the notice shall be served shall reside more than forty miles from the place of examination, an additional day's notice shall be given for every additional twenty miles of the said distance. And both parties may attend and examine the witness, and the questions and answers shall be reduced to writing and signed by the witness, and shall be certified by the Commissary, and enclosed under his seal, and transmitted to the Board, and shall be received by them as evidence. A witness examined before such Commissary may be sworn or affirmed in manner aforesaid.

SEC. 9. The Board having deliberately considered the evidence, shall declare, in a writing signed by them, or a majority of them, their decision on the charges contained in the presentment, distinctly stating whether the accused is guilty or not guilty of such charges, respectively, and also stating the sentence which in their opinion should be pronounced; and a copy of such decision shall be, without delay, communicated to the accused, and the original decision, together with the evidence, shall be delivered to the Bishop, who shall pronounce such canonical sentence as