over by the Rector, or in case of his absence by one of the Wardens. The Secretary of the Vestry shall be the Secretary of the meeting. The presiding officer shall appoint two male persons present to act as judges of the election, who shall collect, count, and make a full list of the ballots cast, and report to the presiding officer the names of the persons elected.

SEC. 5. The Secretary shall, within ten days after such election, file with the County Recorder the certificate of such election required by law.

CANON IV.

OF LAY DELEGATES.

SEC. 1. The Lay Delegates from every parish entitled to representation in this Convention shall exhibit to the Convention a certificate, signed by the Secretary of the Vestry, or by the Rector, or by one of the Wardens, in substance as follows: viz.:

This is to Certify, That a regular meeting of the Vestry of Church, held the

day of

A. B. was appointed a Lay Delegate to represent the same in the Convention of the Protestant Episcopal Church in the Diocese of Indiana, to be holden at

on the

day of in the year of our Lord It is also hereby Certified, That the number of qualified voters in said parish is

SEC. 2. It shall be the duty of the Rector of each parish, or, where there is no Rector, of the Secretary of the Vestry of such parish, before the meeting of each annual or other Convention of the Diocese, to make returns to the Secretary of the Convention of the names of the persons chosen as Lay Delegates to said Convention.

And it shall be the duty of the Secretary to make out a list of the persons so reported to him; which list shall be received as evidence of the right of such persons to seats-subject, nevertheless, to such corrections as the Convention may direct to be made.

CANON V.

OF OFFICERS AND COMMITTEES TO ACT DURING THE RECESS.

The election of all officers and committees to continue in office

during the recess of the Convention shall be by ballot, (unless the ballot be dispensed with by a unanimous vote,) and any committee so elected shall have power to fill vacancies which may occur during the recess.

CANON VI.

OF THE TRUSTEES OF THE DIOCESE.

SEC. 1. At the annual meeting of the Convention, five Trustees shall be eleeted by ballot, who shall take charge of the Permanent Episcopal Fund, and of the funds raised for the benefit of itinerant and superannuated ministers, their widows and children, pursuant to the act of the General Assembly of the State of Indiana, approved January 15, 1844, and according to such directions as may be established by the Convention.

SEC. 2. The said Trustees shall, from time to time, invest the funds on hand in some safe and permanent security, yielding an income; and they may dispose of and again invest the said funds, together with the income thereof, as to them shall seem best, suffering the same to accumulate until otherwise directed by the Convention.

SEC. 3. For the increase of said funds, a collection shall be made annually on Christmas day, in every congregation of the Church in this Diocese.

SEC. 4. All collections and donations specially made for either of the above objects shall be kept, together with the income thereof, distinct from the others, and shall be faithfully appropriated to the designated object.

All collections and donations not so specially designated to any one of the said objects shall be appropriated to all or either of them, as the Convention may, from time to time determine.

SEC. 5. Said Trustees shall report to the Convention, on the first day of each annual session, the amount and condition of said trust funds, and shall continue in office until their successors are elected and qualified.

CANON VII.

OF THE TRIAL OF A CLERGYMAN.

SEC. 1. Whenever any Minister of this Diocese, not being 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: The trial shall be on a presentment in writing, addressed to the Bishop of the Diocese, specifying the offenses 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 offense 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 to constitute an offense, may dismiss it; or if it allege facts, some of which do and some of which do not constitute 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 seven 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 three 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 three 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 pre

sentment.

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 may see fit to adjourn till another day.

SEC. 7. When the Board proceed to 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 witness can not be procured upon the trial, the Bishop may appoint a commissary to take the testimony of 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 inclosed 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 shall appear to him to be proper, provided the same shall not exceed in severity the sentence recommended by the Board; and such sentence shall be final. Before pronouncing any sentence, the Bishop shall summon the accused and any three or more of the Clergy to meet him at such time as may in his opinion be most convenient, in some church to be designated by him, which shall for that purpose be open at the time to all persons who may choose to attend, and the sentence shall then and there be publicly pronounced by the Bishop. But the Bishop, if he shall be satisfied that justice requires it, may grant a new trial to the accused, in which case a new Board of Presbyters shall be appointed, the proceedings before whom shall be conducted as before mentioned.

SEC. 10. All notices and papers contemplated in this Cannon may be served by a summoner or summoners, to be appointed for the purpose by the Bishop, and whose certificate of such service shall be evidence thereof. In case of service by any other person, the fact shall be proved by affidavit of such