The Church in the Colonies.

Present Position.-The various branches of the English Church in foreign parts have been placed upon an episcopalian footing and are divided into seven provinces, viz. Canada, Rupertsland, the West Indies, New South Wales, New Zealand, South Africa, and India and Ceylon, with their corresponding metropolitans. Corresponding to these provinces are sixtyeight dioceses and twenty-five independent dioceses. In some colonies the Church has been formally established with a constitution for provincial or diocesan synods and rules of internal government by Act of the Imperial legislature: e.g. the East Indies. (j) In other colonies the constitutions of provincial or diocesan synods and the rules of internal government have been fixed by Acts of the local legislature, e.g. the diocese of Melbourne; (k) the diocese of Toronto; (1) the province of New South Wales. In other colonies, again, the Church has never been so established, but has formed its own rules of internal government, and enjoys the same freedom from State intervention as the Church in Scotland or Ireland; e.g. the diocese of Adelaide; the provinces of New Zealand and South Africa.

Decisions as to Status of Colonial Church.-Several decisions of the Privy Council in recent years throw some light on the status of the Church in the colonies; and from these it may be gathered that this status differs largely in colonies which have a Parliamentary representation, and in those which have not (usually called Crown colonies).

In a Crown colony, or in cases where the letters patent are made by the authority of an Act of Parliament, the Crown can by its sole authority constitute a bishopric and confer ecclesiastical jurisdiction. But it cannot, at any rate, confer ecclesiastical jurisdiction in colonies with a local legislature. (Re the Bishop of Natal.) (m)

In colonies where there is no Church established by law,

(j) As to the East Indies see 53 Geo. III. c. 155; 3 & 4 Will. IV. c. 85.

(k) 18 Vict. No. 45 (Victorian Act).

(1) 19 & 20 Vict. c. 141 (Canadian Act). (m) (1864) 3 Moo. P. C. (N. S.) 115.

the Church is in no better or no worse position than any other religious body; it may constitute its own tribunals and form its own rules of internal government, but to enforce sentences of those tribunals it must apply to the civil courts. (Long v. Bishop of Capetown, 1863.) (n) Since these decisions the Crown has ceased to appoint bishops by letters patent in colonies possessing a Parliament. (o) But when a colonial bishop is consecrated in England, it is customary for the Crown to issue a licence to the archbishop for that purpose. In Scotland, Ireland, or in any colony, unless prevented by the provisions of some Act of Parliament, bishops may be consecrated by other bishops without licence from the Crown.

Apparently, however, the Crown can legally create bishops by letters patent in colonies with a Parliament, but cannot confer any coercive jurisdiction, and the bishop so created must enforce obedience from his clergy by having recourse to the civil courts. (The Bishop of Natal v. Gladstone.) (p)

In colonies where the Church enjoys no legal status, it comes under the law of voluntary societies, and the civil courts will only take cognizance of the rules made by such a voluntary association in order to determine who is entitled to property or funds under those rules, or to protect some right or interest infringed by their operation. (Forbes v. Eden.) (q)

(n) (1863) 1 Moo. P. C. (N. S.) 411.

(0) Phill., Eccl. Law, p. 1786.

(p) (1866) L. R. 3 Eq. 1; and see In re the Bishop of Natal cited, supra.

(q) (1867) L. R. 1 Sc. & D. 568.

CHAPTER II

THE NAVY.

The Naval Forces.

THE naval forces consist of his Majesty's Royal Navy and the Naval Reserve.

Maintenance of the Navy.-Parliament does not seem at any period of our history to have regarded the maintenance of the naval force by the Crown with the same jealousy with which it regarded the maintenance of the army. The reason of this is not hard to discern, for a navy could hardly be used as a means of oppression, or as a support to the exercise of arbitrary authority in derogation of the liberties of the subject, whilst at the same time its existence was manifestly necessary for the adequate defence of an insular power. Hence no special Parliamentary sanction was or is required for the navy beyond the granting of the necessary supplies, and its numbers, are not limited by statute.

Entry and Term of Service.-Impressment was the regular means of recruiting for the navy down to the nineteenth century, and it was recognized by statute. (a) It is still apparently legal at common law in time of war, but only sea-faring men are liable to impressment, and only then under warrant issued by the admiralty in pursuance of a proclamation by the Crown or of an Order in Council. (b)

Wrongful impressment is a civil injury for which damages may be recovered, and wrongful and malicious impressment is

(a) See 2 Ric. II. c. 4; 2 Phil. & Mary, c. 16; 5 Eliz. c. 5. (b) See R. v. Broadfoot (1743), Foster, 154

a gross misdemeanour for which a person is liable to fine and imprisonment.

At the present time officers in the navy hold their commissions from the admiralty, and an officer may not resign his commission so as to cease to be a person belonging to his Majesty's navy without the consent of the admiralty. (c)

Recruits are obtained by enlistment under the Naval Enlistment Acts, 1855 to 1884, (d) by which it is provided that no person may be detained in the navy for a term of more than five years against his consent, unless he has entered or re-entered for a longer term, which he may do in accordance with the regulations made from time to time by the admiralty. (e)

Officers and men serving in coastguard and revenue cruisers, and naval pensioners, may be required to serve in the navy for not more than five years. (ƒ)

The Naval Reserve. The Naval Reserve consists of forces raised under various Acts, these are―

(1) The Naval Coast Volunteers raised by the admiralty under the Naval Coast Volunteers Act, 1853. (g) Their number is limited to 10,000; they are engaged for a term of five years subject to an annual training of twenty-eight days. They may be called out for actual service, on shore or at sea, by proclamation for a term of one year, which may be extended for an additional year by proclamation.

(2) The Royal Naval (Volunteer) Reserve, commonly known as the Royal Naval Reserve, (h) raised under the Royal Naval Reserve (Volunteer) Act, 1859. (i) They are engaged for a term of five years subject to

(c) Hearson v. Churchill, C. A., [1892] 2 Q. B. 144; Reg. v. Cuming (1887), 19 Q. B. D. 13.

(d) 5 & 6 Will. IV. c. 24; 16 & 17 Vict. c. 69; 47 & 48 Vict. c. 46; short title given by 55 & 56 Vict. c. 10.

(e) 47 & 48 Vict. c. 46, s. 2.

(f) Service of Seafaring Men Act, 1853 (16 & 17 Vict. c. 73); 19 & 20 Vict. c. 83, s. 3.

(g) 16 & 17 Vict. c. 73.

(h) See 63 & 64 Vict. c. 52, s. 1.

(i) 22 & 23 Vict. c. 49.

an annual training of twenty-eight days. They may be called out by proclamation for actual service on shore or at sea for a term of three years, extendible to five years by proclamation.

(3) A new division of the Royal Naval (Volunteer) Reserve raised under the Naval Reserve Act, 1900. (k) The term of service is limited in the case of pensioners by the conditions attached to the pension, or in other cases by the terms of the enlistment or employment. (1) In other respects they are subject to the provisions of the Royal Naval Reserve (Volunteer) Act, 1859. The numbers of the last two mentioned forces are not subject to any limit. (m)

(4) The Royal Naval (Volunteer) Reserve raised under the Naval Forces Act, 1903. (n) This force is subject to the provisions of the Royal Naval Reserve (Volunteer) Act, 1859, subject to certain modifications. In addition to these there are certain other forces generally spoken of as forming part of the Naval Reserve.

These are

(1) The Royal Naval Artillery Volunteers, who may be called out by proclamation in case of actual or apprehended invasion, the occasion having been first communicated to Parliament, if sitting, if not by the proclamation. (0)

(2) The Royal Marine Volunteers raised under the Naval Forces Act, 1903, (p) and subject to the enactments in force relating to volunteers, with the proviso that they are to be available for service beyond the seas. (3) Officers and men of the coastguard or revenue services, and all sea-faring men belonging to other Government departments, who are liable to be required to serve for not more than five years. (q)

(k) 63 & 64 Vict. c. 52.

(1) Ib. s. 3.

(m) 3 Ed. VII. c. 6, s. 5.

(n) 3 Ed. VII. c. 6.

(0) Naval Artillery Volunteers Act, 1873 (36 & 37 Vict. c. 77). (p) 3 Ed. VII. c. 6.

(7) 16 & 17 Vict. c. 73; 47 & 48 Vict. c. 46.