THE BISHOPS AND THE PUBLIC WORSHIP REGULA- TION ACT.
[TO THE EDITOR OF THE "SPEOTATOR.1 Legal opinion by Mr. Herschel], Q.C., and Dr. Phillimore, in the matter of the Public Worship Regulation Act, 1874, sec. 9 :—
OPINION.
1 and 2. We are of opinion that if the Bishop exercises an honest discretion,—after considering the whole circumstances of and upon the partioular facts of the case, and shows that he has done this and nothing else by the reasons which he states, the Court would not, although the reasons might be unsatisfactory in the judgment of others, interfere to compel him to proceed with the Representation.
And generally. If the reasons did not show that he had exercised his discretion in the manner indicated above ; if, for instance, they were absolutely frivolous, or if they were destructive of the whole effect of the Act, e.g., that in the opinion of the Bishop the Act was one which ought not to be enforced, or which ought not to be enforced in that Diocese, we think the Courts would interfere to compel him to proceed.
QUESTIONS FOB COUNSEL.
1. Whether, under Section 9 of the Public Worship Regulation Act, 1874, the Bishop has an absolute discretion to stop all pro. ceedings relating to a Representa- tion subject to the one condition of stating his reasons in writing after consideration of the whole cir- cumstances of the case.
2. Or, if not, in what way and to what extent his discretion is controlled.
WALTER G. F. PHILLIMORE.
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