BX 5151 .A3 1845 Great Britain. The statutes relating to ecclesiastical and THE STATUTES RELATING TO THE ECCLESIASTICAL AND ELEEMOSYNARY INSTITUTIONS OF ENGLAND, WALES, IRELAND, INDIA, AND THE COLONIES; WITfi THE DECISIONS THEEEON. / By ARCHIBALD JOHN STEPHENS, BARRISTER AT LAW. IN TWO VOLUMES. VOL. II. LONDON: JOHN W. PARKER, WEST STRAND. M.DCCC.XLV. LONDON : HARRISON AND CO., PRINTERS, ST. martin's LANE. 1171 STATUTA GEOHGII IV. A.D. 1820—1830. Page I. Stat. 1 Geo. 4, cap. ii 1173 TT 11. c. 6 1177 11 / / TTT 111. c. 29 [Ir.] ll/O TV IV. cap. xxxii. 1 1 7Q ll/O V . c. 40 [Ir.] 1 1 TQ ll/o VT V 1. CAP. XLI. 1 1 TO ii/y VTT V 11. CAP. XLII. 1 1 70 ii/y VTTT Vlll. cap. xlviii. 1 1 7Q ii/y TY 1A. CAP. LVIII. 11/9 Y A . CAP. LIX. 11/9 VI A I. CAP. LXXXVI. 1179 YTT All. C. 101 .... 1 1 7Q ii/y YTTT A. 111. c. 106 .... 1 1 OA 1 loU YTV A. 1 V . c 114 .... 1181 YV A. V . 1182 YVT AVI, cap. xv 1182 YVTT A. V 11. CAP. XXI. 1182 YVTTT A » 11 !• c. 23 1182 YTY Al A. CAP. XXIV. 1182 Y Y A- A. 1183 YYT A Al . cap. xxxv. 1183 XXII. cap. xli 1183 YYTTT AA111. .... cap. xliv 1183 YYTV AAl V . c 49 1183 YYV c. 50 1183 YYVT A-Y VI. c 57 [Ir.] 1184 YYVTT A- A. V 11. c. 86 1184 YYVITT c 92 1185 XXIX. CAP. CXIV. 1189 XXX. ... o t*eo. 4, , cap. xvi. [Ir.] 1189 XXXI. CAP. XIX. 1189 XXXII. cap. xix 1189 XXXIII. CAP. XX 1190 XXXIV. cap. xxi 1190 XXXV. cap. xxvi. 1190 XXXVI. cap. xxxi. 1190 XXXVII. c 33 1190 YYYVTTT -V -V .\ Vlll. c 57 1190 YY YTY A AAl A, c 63 [Ir.] 1190 YT. AL. c 64 [tr.] 1190 XLI. CAP. LXXI. 1191 YT TT ALU. c 72 1191 YT TTT AL1 LI. c. 75 1206 YT TV Alii V . c. 79 [Ir.] 1212 XLV. CAP. CVI. 1212 XLVI. CAP. CX1II. 1213 XLVII. c. 125 [Ir.] 1213 XLVIII. .... 4 Geo. 4 , c. 5 1220 XLIX. c 17 1220 L. cap. xvii 1220 LI. cap. xviii 1220 LII. 1221 LIII. cap. xxvi 1221 LIV. cap. xxviii. 1221 LV. c.3J 1221 LVI. c 32 [Ir.] 1221 LVII. c 52 1222 LVIII. c. 64 1222 LIX. c. 67 1224 LX. CAP. LXVIII. 1224 LXI. C. 71 1224 LXII. c 76 1226 LXIII. c. 79 [Sc.] 1242 Page LXIV. Stat. 4 Geo. 4, c. 86 [Ir.] 1242 LXV. .. CAP. LXXXIX. 1243 LXVI. .. c. 91 1243 LXVII. .. c. 96 1245 LXVIII. .. c. 99 [Ir.] 1245 LXIX. .. CAP. CVI 1246 LXX. .. CAP. CXVII. 1246 LXXI. .. CAP. CXVIII. 1246 LXXII. .. .. 5 Geo. 4, cap. iv 1246 LXXIII. . CAP. V 1246 LXXIV. . c. 8 [Ir.] 1246 LXXV. . cap. viii 1247 LXXVI. . cap. xi 1247 LXX VI I. . cap. xviii..... 1247 LXXVIII. . CAP. XX 1247 LXXIX. . cap. xx 1247 LXXX. . CAP. XXI. 1248 LXXXI. . cap. xxiii 1248 LXXXII. . c. 25 [Ir.] 1248 LXXXIII. . c 27 [Ir.] 1249 LXXXIV. . cap. xxviii. 1250 LXXXV. . c. 32 1250 LXXXVI. . cap. xxxvii. 1251 LXXXVII. . cap. xxxviii. 1251 LXXXVIII. CAP. XL 1251 LXXXIX. c 41 1252 XC. . CAP. L 1255 XCI. . c 58 1255 XCII. . c 63 [Ir.] 1255 XCIII. . CAP. LXIII. 1255 XCIV. . CAP. LXIV. 1255 xcv. . c. 68 1256 XCVI. . CAP. LXIX. 1257 XCVII. . c 72 [Sc.] 1258 XCVIII. . CAP. LXXIV. 1258 XCIX. . c 79 1258 c. . c 80 [Ir.] 1258 CI. . c 81 [Ir.] 1264 CII. . c 89 1266 cm. . c. 90 [Sc.] 1270 CIV. c 91 [Ir.] 1270 cv. . c. 101 [Wa.] 1291 CVI. c. 103 1292 CVII. c. 109 1297 CVIII. . CAP. CXXVII. 1297 CIX. . 6 Geo. 4 , c. 4 [Ir.] 1297 ex. . c. 8 1299 CXI. . 1300 CXII. . c 25 1300 CXI II. . CAP. XXXIII. 1301 CXIV. cap. xxxvii. 1301 cxv. . cap. xlv 1301 CXVI. . cap. xlvi 1301 CXVII. . c. 47 [Sc.] 1301 CXVIII. . cap. xlvii. 1301 CXIX. cap. xlviii. 1301 cxx. cap. xlix 1301 CXXI. cap. 1 1302 CXXII. . cap. li 1302 CXXIII. . c. 54 [Ir.] 1302 CXXIV. . CAP. LV 1302 exxv. . 1302 CXXVI. . cap. lvi 1302 *4 F 2 1172 STATUTA GE0RG1I IV. A.D. 1820-1830. Page Page CXXVII. Stat. 6 Geo. 4, CAP. LVII. 1 mo CXCVII. Stat. 7 & 8 Geo. 4, c. 66 .... IOTA 1379 CXXVIII. cap. Ivii 1 909 i5\)£ CXCVIII. c. 72 1 9 TO 13/ y CXXIX. CAP. LVIII. 1 9A9 CXCIX. CAP. LXXXIX. 1380 CXXX. C. 0/ .... loUo cc. CAP. XC 1380 CXXXI. CAP. LXIX. loUO CCI. CAP. XCI. 1381 CXXXII. C. / D 1 30,9. loUo ecu. CAP. XCII. 1381 CXXXIII. C. oD .... 1 909. loUo CCIII. CAP. CVI. 1381 CXXXIV. C. 0/ 1 90/1 loU4 CCIV. CAP. CVII. 1381 cxxxv. „ CO C. OO .... 1 9.07 loU/ ccv. CAP. CX 1381 CXXXVI. „ (JO C. v& .... 1 9.nQ louy CCVI. .... 9 Geo. 4, CAP. XV 1381 CXXXVII. CAP. CXXII. lolU CCVIL C. 17 138J CXXXVIII. /» 1 OA C. 1.24 — iolU CCVIII. c. 24 [Ir.] 1383 CXXXIX. r> 1 9.A rif 1 c. iou l_ir.j 1 9.1 9. lolo CCIX. c 31 1384 CXL. CAP. CLXXVI, 1 9.1 A . 1 .J 1 4 ccx. c 32 1385 CXLI. CAP. CXCV. 1 9.1 A 1014 CCXI. c 33 1385 CXLII. .... 7 Geo. 4, , CAP. Ill 1 9.1 A lull CCXII. c 40 1386 CXLIII. C. 4 — 1 9.1 A 1014 CCXIII. cap. xl 1387 CXLIV. CAP. V 1 9.1 fi lolO CCXIV. c 42 1387 CXLV. cap. ix lolD cexv. cap. xlv 1390 CXL VI. C. 14 L-^'J 1 91 \ lolD CCXVI. c. 51 1390 CXLVII. C. ID .... 1 9 1 1 lO ID CCXVII. c 52 [Ir.] 1390 CXLVIII. C. 1/ 1 91 £ lolo CCXVIII. c. 54 [Ir.] 1395 CXLIX. 1 91 R lolo CCXIX. c 55 [Ir.] 1395 CL. cap. xxiv. 1 91 16 10 cexx. c. 56 [Ir.] 1396 CLI. 1917 low CCXXI. c 57 [Ir.] 1396 CLIJ. cap. xxvi. 1917 Vol/ CCXXII. c. 70 1397 CLIII. cap. xxvii. 1917 lol/ CCXXIII. c. 74 1398 CLIV. cap. xxviii. 1 Q 1 7 lol/ CCXXIV. c. 83 1398 CLV. „ on C. oU .... 1 9 1 1 lol/ cexxv. c. 85 1398 CLVI. cap. xxxv. 1 90A lOZU CCXXVI. c 94 1400 CLVII. cap. xx xvi. 1 Q OA loZU C CXXVII. ...10 Geo. 4, , cap. vi 1402 CLVIII. cap. xli 1 900 lo^U C CXXVIII. 0.7 1402 CLIX. 1 900 loZU CCXXIX. cap. vii 1412 CLX. C. 48 1 '20{\ cexxx. CAP. XI. ... 1412 CLXI. CAP. L 1 900 C CXXXI. CAP. XIV. 1412 CLXII. CAP. LI 1 900 CCXXXII. CAP. XV 1412 CLXIII. CAP. LII 1 90 1 lOill CCXXXIII. cap. xxiii. 1412 CLXIV. CAP. LIV. lole trustee for the time being shall be so signified ; and if any body politic or corporate shall be a trustee for any such charity lands, tene- ments, or hereditaments, then such consent shall be signified under the seal of the corporation, whether a corporation aggregate or sole, having a corporate seal, and such signatures, and the affixing of such seals respectively, shall be attested by two or more credible witness or witnesses. " VII. And whereas in some cases it may not appear in whom lands, tene- ments, or hereditaments subject to charitable purposes may be vested, and there may be therefore no person capable of acting touching any such exchange as afore- said, on behalf of the charity ; be it further enacted, that in all such cases it shall be lawful for the bishop of the diocese in which such lands, tenements, or heredi- taments shall be situate, upon sufficient proof of the fact, by instrument in writing under his hand and seal, to nominate proper persons to act as trustees on behalf of the charity, for the purposes of such exchange, before any other proceedings shall be had touching such exchange; which trust the person so nominated shall accept, by executing such instrument, before they shall act in such trust; and thereupon it shall be lawful for such trustees to do all things necessary for the purpose of 4 G 2 Stat. 1 & 2 Geo. 4, c 92. Before issuing commission, three months notice to be given in news- papers, &c. stating parti- culars, &c. Vacancies of trustees to be filled up prior to any appli- cation for an exchange, un- less when there are six or more trustees. Number of trustees ne- cessary to give consent. In cases where there are no trustees, the bishop may appoint them in cases of ex- change. 1188 STATUTA GEORGII IV. A.D. 1820— 18S0. Stat. 1 Geo. 4, & 2 c. 92. Confirmation of conveyance. Exchanges may be effect- ed though trustees may be proprietors of the lands to be given in exchange. But the bishop, in such cases, shall appoint trustees who have no inte- rest in the lands. Eviction in case of defec- tive title. such exchange, as if the lands, tenements, and hereditaments subject to such cha- ritable purposes had been duly vested in them for such purposes, and to convey the charity lands proposed to be exchanged under the authority of this act ; provided always, that if it shall at any time afterwards appear in whom such lands or here- ditaments were actually vested at the time of such exchange, it shall be lawful for the person or persons, body politic or corporate, in whom the same shall be then vested by means of such exchange, to obtain, at his, her, or their own expense, a confirmation thereof by conveyance from the person or persons, or their heirs, in whom it shall appear the same were so vested at the time of such exchange ; but the defect of title of the trustees so to be nominated by the bishop as aforesaid, shall not prejudice the title to the lands, tenements, or hereditaments received in exchange in trust for such charitable purposes as aforesaid, but the same shall be held and enjoyed for such charitable purposes, notwithstanding the lands, tene- ments, or hereditaments originally subject to such charitable purposes, and so given in exchange, were not vested, except by the authority of this act, in the persons who may have conveyed the same in exchange under the authority of this act. "VIII. And whereas doubts may arise whether under the provisions of this act an exchange might be legally effected where any trustee or trustees of charity lands, proposed to be given in exchange, should also be the proprietor or proprie- tors of the lands for which such charity lands should be so proposed to be given in exchange ; be it therefore enacted, that under and according to the several restric- tions, declarations, and provisions hereinbefore expressed, and subject thereto, but not otherwise, it shall and may be lawful for any trustee or trustees of any lands, tenements or hereditaments vested in him, her, or them, either alone or jointly with any other trustee or trustees for any charitable purpose or purposes, to convey or join in conveying, as the case may be, any such trust lands, tenements, or here- ditaments, in lieu of and in exchange for any other lands, tenements, or heredita- ments of which he, she, or they shall be seised in fee, to and for his, her, or their own use and benefit ; provided always, that in every such case the bishop to whom application shall be made for any such exchange, shall, upon such application, and before any other proceedings touching such exchange, nominate and appoint some proper person or persons, having no interest in such exchange, to act as trustee or trustees on the behalf of the said charity, in the matter of such exchange, in the place and stead of the trustee or trustees who by reason of such interest as aforesaid shall be disqualified to act therein ; and the concurrence of the person or persons so to he appointed to act as temporary trustee or trustees as aforesaid, shall be necessary in all subsequent proceedings relating to such exchange. "IX. Provided always, and be it further enacted, that in case the title of any person or persons, body politic or corporate, by whom any lands, tenements, or hereditaments shall be attempted to be conveyed in exchange for any charity lands, tenements, or hereditaments, shall at any time appear to be in any manner defec- tive, so that such lands, tenements, or hereditaments shall in the whole or in part be recovered from the trustees or trustee, body politic or corporate, in whom the same shall have been vested or attempted to be vested in exchange under the authority of this act, or shall be in any manner charged or incumbered, then and in such case the trustees or trustee, body politic or corporate, in whom such lands, tenements, and hereditaments, or any part thereof, ought to have been vested inde- feasibly for charitable purposes as aforesaid, shall enter on the original charity lands, tenements, or hereditaments conveyed in exchange as aforesaid, and hold the same according to the original right before the exchange, for the benefit of the charity, in case the lands, tenements, or hereditaments intended to have been vested by way of exchange for the purposes of the charity shall be wholly evicted, or in case the same shall be partially evicted, or in any manner incumbered, then to hold the same for the purpose of indemnifying the charity against the consequences of any such partial eviction or any such incumbrance, and until full satisfaction shall have been made to the charity for any defect of title in the lands, tenements, or hereditaments conveyed in exchange for the original charity lands, tenements, STATUTA GEORGII IV. A.D. 1820-1830. 1189 or hereditaments as aforesaid, and all costs, charges, and expenses incurred by the charity in consequence thereof. " X. And be it further enacted, that no part of the expenses attending any exchange to be made in pursuance of this act, shall be borne by or paid out of the funds of any charity, unless it shall be made appear to the bishop of the diocese, upon application for such exchange as aforesaid, that such exchange is solely intended for the benefit of such charity, and not for any other purpose, and is in respect of such convenience advantageous to the charity, notwithstanding any expense which may be incurred in effecting the same ; and then so much of such expenses only shall be borne by and discharged out of the funds of such charity as such bishop shall find to be just and reasonable, and shall by instrument under his hand, allow and declare to be, in his opinion, an expense incurred for the benefit of the charity, and such as ought to be discharged out of the funds of such charity. " XI. And whereas charity lands, tenements, or hereditaments may be within some peculiar or exempt jurisdiction ; be it further enacted, that in such case the application for an exchange under the authority of this act shall be made to the bishop of the diocese within which the charity lands, tenements, or hereditaments proposed to be exchanged shall be situate, and not to any other authority claiming such peculiar or exempt jurisdiction ; and the bishop of such diocese shall proceed in the same manner, in such case, as if such charity lands, tenements, or heredi- taments were to all intents and purposes within his jurisdiction as diocesan ; and in case any such charity lands, tenements, or hereditaments shall be within two or more dioceses, then and in such case application shall be made to the several bishops of such several dioceses, to direct before which of such bishops the pro- ceedings touching any such exchange shall be had, and such bishops shall accord- ingly direct before which of such bishops such proceedings shall be had ; and thereupon such proceedings shall be had before such bishop in the same manner as such proceedings might have been had if all such charity lands, tenements, or hereditaments had been within the diocese of such bishop." Stat. 1 & 2 Geo. 4, c. 92. Expense attending exchanges, how to be paid. Exempt juris- diction not to affect proceed- ings of the diocesan. XXIX. Stat. 1 & 2 Georgii 4, cap. cxiv. A.D. 1821. Stat. 1 & 2 ct for the Completion of the rebuilding of the Church or Chapel of the ' Parish of Saint Nicholas in Harwich, in the County of Essex." XXX. Stat. 8 Georgii 4, cap. xvi. [Ireland.] A.D. 1822. Stat. 3 Geo. "An Act to enable the Lord Bishop of Limerick and his Successors to demise U caf' xvl' the Office Houses, Gardens, and Demesne, situate at Conigar, in the County of Limerick, belonging to the Lord Bishop of Limerick." [Bishop of Limerick to let the office houses and premises on lease, s. 1. Money received from the immediate predecessor for dilapidations to be laid out in improv- ing the lands.] XXXI. Stat. 8 Georgii 4, cap. xix. A.D. 1822. Stat. 3 Geo. "An Act for erecting and endowing a Church in the Town of Liverpool, in the 4' CAP" X'X' County Palatine of Lancaster, to be called Saint Luke's Church; and for reviving and amending an Act of the twenty-first year of King George the Second, so far as relates to Saint Thomas's Church." XXXII. Stat. 3 Georgii 4, cap. xix. A.D. 1822. Stat. 3 Geq "An Act to enable the Master or Guardian of the Charity called Plumtrc Hos- 4' cap' xix pital, in the Town of Nottingham, to sell part of the Estate belonging to the said Charity, and to apply the Money arising therefrom in manner therein mentioned; and to raise Money by Mortgage of the Residue of the said C/iarity Estate, and to grant Building or Repairing Leases thereof." 1190 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, CAP. xx. . XXXIII. Stat. 3 Georgii 4, cap. xx. A.D. 1822. "An Act for altering and enlarging the Powers of an Act made in the forty-sixth year of King George the Third, for repairing the Parish Church of Great Yarmouth, in the County of Norfolk, and rebuilding the Tower thereof" Stat. 3 Geo. 4, cap. xxi. XXXIV. Stat. 3 Georgii 4, cap. xxi. A.D. 1822. "An Act for restraining the Bishop of Saint David's and his Successors from granting Leases of the Tithes of Llangammarch in the County of Brecknock, Llangevelach in the County of Glamorgan, Llangadoch in the County of Carmarthen, and Glascomb in the County of Radnor, beyond the term therein mentioned; and for annexing the Tithes of the consolidated Living of Llanarth and Llanina to the Possessions of the said See, allowing one-third of the Annual Profits thereof to the Vicar" [The Bishop of Saint David's may grant leases of certain tithes for three years, &c. s. 1. Tithes of Llanarth and Llanina to be annexed to the see of Saint David's, but without power of leasing, s. 2.] Stat. 3 Geo. 4, cap. xxvi. Stat. 3 Geo. 4, cap. xxxi. XXXV. Stat. 3 Georgii 4, cap. xxvi. (1). A.D. 1822. "An Act to alter and amend an Act of the forty-first year of the Reign of His late Majesty King George the Third, for the Establishment of Schools for the Education of Poor Children in the County Palatine of Durham." XXXVI. Stat. 3 Georgii 4, cap. xxxi. A.D. 1822. "An Act for settling upon the President, Fellows, and Scholars of Trinity College, in the University of Oxford, and upon the Rector of the Parish of Dumblcton, in the County of Gloucester, certain Perpetual Rent Charges issuing out of the Estate of the Right Honourable John Sommers, Earl Sommers, in Dumbleton, and for vesting certain Lands there in the said Rector ; and for vesting certain Tithes and Lands belonging to the said College and Rector respectively in the Mortgagees of the said Earl, subject to Equity of Redemption." Stat. 3 Geo. 4, c. 33. XXXVII. Stat. 3 Georgii 4, c. 33(2). A.D. 1822. 'An Act for altering and amending several Acts passed in the first and ninth years of the Reign of King George the First, and in the forty-first, fifty-second, fifty- sixth, and fifty-seventh years of the Reign of His late Majesty King George the Third, so far as the same relate to the Recovery of Damages committed by Riotous and Tumultuous Assemblies and Unlawful and Malicious Offenders." Stat. 3 Geo. 4, c. 57. XXXVIII. Stat. 3 Georgii 4, c. 57. A.D. 1822. 'An Act for transferring such of the Duties of the Commissioners or Governors of Kilmainham Hospital, as relate to the Management and Payment of Out-Pensions, to the Commissioners of Chelsea Hospital." Stat. 3 Geo. 4, c. 63. [Ir. XXXIX. Stat. 3 Georgii 4, c. 03. [Ireland.] A.D. 1822. 'An Act to authorize the Sale of Quit Rents, and other Rents, and the Sale and Demise of Lands, Tithes, Tenements, and Hereditaments, the Property of His i Right of the Crown in Ireland." Stat. 3 Geo. 4, c.64. [Ir.] Grand jury to appoint local inspectors. XL. Stat. 3 Georgii 4, c. 64. [Ireland.] A.D. 1822. "An Act to amend the Laws relating to Prisons in Ireland" " XXIV. And whereas by the said recited act of the fiftieth year of his late majesty's reign, it is among other things provided, that in every appointment to be (1) Stat, repealed. 4\ Geo. 3, cap. cxx. in part (2) Repealed by Stat. 7 & 8 Geo. 4, c. 27. STATUTA GEORGII IV. A.D. 1820—1830. 1191 made of any local inspector of any gaol, the minister or curate of the parish where- in such gaol shall be situated shall be preferred ; be it enacted, that the said recited provision of the said recited act shall be and the same is hereby repealed : and that, from and after the passing of this act, it shall and may be lawful for every grand jury, in the making such appointment, to select any persons to be local inspectors, as to such grand jury shall seem most fit and proper to discharge the duties of the said office ; provided always, that it may be lawful for the grand jury to appoint such minister or curate to be such local inspector, if such grand jury shall think such minister or curate to be a fit and proper person for that purpose. " XXV. And be it further enacted, that in all future appointments of protestant chaplains to any gaol, the protestant minister or curate of the parish wherein such gaols shall be situated, and in all future appointments of Roman catholic or dis- senting chaplains, the clerg; or curate of such persuasion respectively, who shall act within the parish in which such gaols respectively are situate, shall be pre- ferred, if such minister, clergyman, or curate will accept such appointment, and if there does not appear on examination to be any just or reasonable objection to such minister, curate, or clergyman as aforesaid." Stat. 3 Geo. 4, c. 64. [Jr.] If ministers are appointed, those of the parish where prison is situ- ated shall be preferred. XLI. Stat. 3 Georgii 4, cap. lxxi. A.D. 1822. "An Act for erecting a new Church in the Parish of Greenwich, in the County of Kent, and vesting the same and the Site thersof in Trustees, and for making Provisions respecting the same" Stat. 3 Geo. 4, CAP. LXXI. XLII. Stat. 3 Georgii 4. c. 72(1). A.D. 1822. Stat. 3 Geo. "An Act to amend and render more effectual two Acts passed in the fifty-eighth and 0 fifty-ninth years of His late Majesty, for building and promoting the building of additional Churches (2) in Populous Parishes." " Whereas an act passed in the fifty-eighth year of the reign of his late majesty, 58 Geo. 3, intituled, 4 An Act for building and promoting the building of additional Churches c- 4o- (1) Vide Stat. 5 Geo. 4, c. 103; Stat. 1 & 2 Gul. 4, c. 38 ; Stat. 7 Gul. 4 & 1 Vict, c. 75 ; Stat. 1 & 2 Vict. c. 107 ; Stat. 2 & 3 Vict. c. 49 ; and Stat. 3 & 4 Vict. c. 60. (2) Building and promoting the building of additional Churches : — By the general law and the constitutions of the church of Eng- land, no person has a right to erect a new pub- lic chapel, forming part of the ecclesiastical establishment of the church of England, whe- ther as a chapel of ease or otherwise, without the concurrent consent of incumbent, patron, and ordinary, and without a provision for the indemnity or compensation of the future incumbent, perhaps in all cases ; certainly if his pecuniary rights and interests are to be in any manner affected. The cure of souls of every parish or parochial district belongs to, and all its emoluments are by the original founder and endower set apart for the main- tenance of, the incumbent and his successors, and become vested in the existing incumbent by his institution and induction. The prin- ciples upon which the consent of all these parties is required, are obvious. The consent of the ordinary is necessary, as the general guardian of the interests and order of the church, and as the conservator of its consti- tuted establishment. The patron is a party, because the rights and value of his patronage may be affected. The incumbent himself is still more immediately affected, both in his pastoral duties and his pecuniary rights, both of which are committed to him when insti- tuted and inducted. If chapels can be erected and ministers be placed in them at the nomi- nation of others, not only will it deprive the incumbent of the means of directing the spi- ritual instruction of his parishioners which has been intrusted to him, and which he has solemnly undertaken ; not only will it pro- duce schisms and dissensions, and thereby exert an injurious influence upon the religious principles of the parish; but it must also necessarily affect in some degree the emolu- ments of the benefice, as well as the pastoral duties of the incumbent. In Portland (Duke of) v. Bingham, (I Consist. 161,) Lord Stou-ell says, "It is generally true, that the consent of the incum- bent to the erection and use of a chapel is requisite." Kennett, in his Parochial Anti- quities, vol. 2. p. 261, (ed. 1818,) states to this effect : The inhabitants of Piddington, within the parish of Ambrosden, had pro- cured a chapel to be erected within their own village, with a mansion-house allotted for a capellane to be provided and maintained by the successive vicars : this had occasioned some difference between the inhabitants and vicar, which was now composed by the joint consent of the patron, vicar, and the people, with confirmation of the diocesan, by virtue of an agreement, entitled, " Dotatio capellse S. Nicholai in villula de Piddington," and from this deed, dated the 14th of October, 1428, it appears, that Piddington was divided from Ambrosden, and invested with distinct 1192 STATUTA GEORGII IV. A.D. 1820-1830. in populous Parishes :' and whereas another act passed in the fifty-ninth year of the reign of his late majesty, intituled, * An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the build- ing of additional Churches in populous Parishes :' and whereas it is expedient and necessary that some of the provisions of the said recited acts should be amended, and other provisions thereof explained and enlarged, and that further and additional provisions should be made for rendering the said two recited acts more effectual ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that it shall be lawful for the master general and principal officers of his majesty's ordnance, and also for the comptroller of the barrack department, and also for the principal officers of any other public department, having or holding any messuages or build- give messuages, ings, or any lands, grounds, tenements, or hereditaments, for and on behalf of his lands, &c. for majesty, for the public use of any such department, by any grant or conveyance, churches &c signed by the master general or any two of the principal officers of the ordnance department ; or by any grant or conveyance signed by the comptroller of the bar- rack department ; or by any grant or conveyance, signed by any one or more of the principal officers of any such other public department as aforesaid, and coun- tersigned, as to all such last-mentioned grants or conveyances, by any three or more of the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland ; and it shall also be lawful for any and every body politic, corporate, and collegiate, and corporation aggregate or sole, or for any trustees, guardians, commissioners, or other persons having the control, care, or management of any hospital, schools, charitable foundations, or other public insti- tutions, by any grant or conveyance signed by or under the seal of such body or corporation respectively, to give, grant, and convey any messuages, buildings, lands, grounds, tenements, or hereditaments respectively ; and if any such mes- suages, buildings, lands, grounds, tenements, or hereditaments respectively, shall be copyhold at the time of any such gift, grant, or conveyance, in any case in Stat. 3 Geo. 4, c. 72. 59 Geo. 3, c. 134. Ordnance and other public departments, and all corpo- rations, may parochial rights ; that the inhabitants were to provide, at their own cost and expense, and to have the nomination of a resident capellane, who was to receive all and singu- lar the fruits, tithes, mortuaries, and emolu- ments, within the chapelry, and hitherto paid to the vicar, and to occupy the mansion- house ; he was to pay due obedience to each successive vicar ; and the vicar released all tithes, excepting the reserve of 20s. in money, and one quarter of wheat, to be yearly paid to him and his successors : and the repairs of the chapel, chancel, and manse, were for the future to be on the inhabitants, and in no wise on the vicar, patron, or the succes- sors, with a provision, that if the chapel was void for a year, the tithes, &c, should be paid to the vicar. This was not a newly erected chapel ; for Kennett says, pp. 298-9, " I have met with no records nor tradition, that assign the time when this chapel was erected Whenever it was first built, I believe it was not consecrated till ten years before this composition in 1418 ; which seems to be clearly implied by this expression in the present instrument, ' in eadem capella et ejus ccemeterio jam tandem de novo rite dedicatis.' " Remarking on this deed of composition, Kennett, pp. 268-9, says, " Here is the triple league or joint consent of the diocesan, pa- tron, and incumbent, whose suffrages were all required, if the church were full, to authorize an alteration of this kind. In a synod at London, convened by Anselm, arch- bishop of Canterbury, in 3 Hen. 1, the 15th Constitution provides, Ne nova capella fiat sine consensu episcopi. So when an oratory or chapel was allowed at the grange of the abbey of Waverley, in the parish of Aultun, com. Southampt. A.D. 1250, it was done by the permission and consent of the bishop of Winchester, diocesan, and patron, and the rector of Aultun. So when the chapel of St. James, in the parish of Oakley, was con- stituted, A.D. 1418, the ordination of it, was by authority of the Bishop of Lincoln, dio- cesan, de consensu et assensu prioris et con- ventus, &c, the proprietors and patrons, cum voluntate et assensu vicarii. And if the lord of any manor, or inhabitants, presumed to erect a chapel without such due permission and assent, such act was neither just nor valid. Therefore, when a chapel was founded within the parish of Watlington, com. Oxon. by the lord of that manor, for the greater conveniency of his family and tenants, the abbot and canons of Osency, patrons of the parish church, entered a protest against it ; and in 1182, appealed to Richard, archbishop of Canterbury, and from him soon after, to Pope Urban the Third, who sent over a commission to the abbots of Abingdon and Missenden, and the prior of Kenelworth, who, upon inquiry ami judicial process, dissolved the said chapel, because illegally built, without consent of the parties concerned." STATUTA GEORGII IV. A.D. 1820—1830. 1193 which the lord is willing to enfranchise the same ; to be used as sites for churches or chapels, or for enlarging sites of churches or chapels ; or for church or chapel yards or cemeteries, or for enlarging sites for church or chapel yards or cemeteries ; or for parsonages or residences for ecclesiastical persons ; and all such gifts, grants, and conveyances shall be made to the commissioners, or such other person or per- sons as shall be specified by the said commissioners, under the said recited acts and this act, to be used for the purposes thereof ; and all such gifts and grants may be made and given without any valuable consideration whatever ; and all conveyances and assurances made for carrying any such gifts or grants into effect shall be valid and effectual in the law to all intents and purposes whatsoever, any law, statute, usage, or custom to the contrary thereof in anywise notwithstanding ; and all bodies politic, corporate, or collegiate, and all persons whosoever, so giving, grant- ing, and conveying as aforesaid, are hereby indemnified for or in respect of any such gift, grant, conveyance, or enfranchisement which he, she, or they, or any of them, shall respectively make or convey, by virtue of or in pursuance and for the purposes of the said recited acts and this act. " II. And be it further enacted, that all grants, conveyances, and assurances which shall be made under the authority of the said recited acts or this act, or either of them, of any messuages, buildings, lands, grounds, tenements, or heredita- ments, whether belonging to his majesty as part of the duchy of Cornwall or of the duchy of Lancaster, or otherwise, or to any body or persons whatever, to the said commissioners, or any other person or persons under their direction, for the pur- poses of the recited acts and this act, may and shall be made according to the form following, or in such other form as the case may require, or as near thereto as the circumstances of the case will admit ; videlicet, " 4 1 [or we, or the corporate title if a corporation], under the authority and for the purposes of an act passed in the fifty-eighth year of the reign of his late majesty, intituled, " An Act for building and promoting the building of additional Churches in populous Parishes," and of another act passed in the fifty-ninth year of the reign of his late majesty, intituled, " An Act to amend and render more effectual an Act passed in the last session of Parliament, for building and promot- ing the building of additional Churches in populous Parishes ;" and of another act passed in the third year of the reign of his present majesty, intituled, " An Act to amend and render more effectual two Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes ;" do hereby freely and voluntarily give to his majesty's commissioners [or, to as the case may require] ; and by these presents freely and voluntarily, and without any valuable consideration ; [if the lands, et ca?tera, are conveyed for a valuable consideration, leave out the words in italics, and insert, do, for and in consideration of the sum of to me, or us, or the paid, hereby, under the authority of the several recited acts, grant, convey, and release to the said ] all [describing the premises to be conveyed], and all [my, or our, or the] right, title, and interest, or [if a corporation], to and in the same and every part thereof ; to hold to the said and their successors, for the purposes of the said several acts, and to be devoted, when consecrated, to ecclesiastical purposes for ever, by virtue and according to the true intent and meaning of the said several recited acts. In witness whereof, et ccetera.' " And all such conveyances and assurances shall be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all estates tail and other estates, rights, titles, trusts, and interests and incumbrances whatsoever. " III. And be it further enacted, that it shall be lawful for the said commis- sioners under the said recited acts and this act to procure and obtain, or require parishes, chapelries, townships, and places to provide and furnish, by all or any of such ways and means as are specified in the said recited acts or either of them, or this act, in relation to sites for additional churches, or for church or chapel yards or cemeteries, or to accept and receive as gifts and grants under and for the pur- poses of the said recited acts and this act, and to take grants of to themselves, or Stat. 3 Geo. 4, c. 72. Forms of grant or con- veyance. Commissioners may obtain or receive lands or grounds required for enlarging or rebuilding any church or 1194 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. direct grants of to be made to any other persons specified by them for that pur- 4, c. 72. pose, any such land or ground, or additional land or ground, as may in thejudg- chapel, whe- ment of the said commissioners be required for the enlarging or improving any tc^old°^it^ orUS cnurc^ or chapel, and also any land or ground which may be required or be conve- rt nient for the rebuilding of any church or chapel, whether contiguous or not to the present site thereof ; and all the powers, authorities, clauses, and provisions in the said recited acts or either of them, or in this act contained, in relation to the obtaining or procuring any lands or grounds, or requiring any lands or grounds to be provided or furnished by any parishes or places for any sites for additional churches, or any other purpose of the said reeited acts, shall extend and be con- strued to extend to the obtaining, procuring, requiring, accepting, or receiving, under the authority of the said recited acts or this act, or either of them, any lands or grounds for the purposes aforesaid, as fully and effectually to all intents and pui poses as if all such powers and authorities had been given, and all such clauses and provisions had been repeated and re-enacted in this act, as to such lands and grounds. Fines for re- " IV. And be it further enacted, that in every case in which any lands, tene- newals at the ments, hereditaments, or any interest in or arising out of any lands, tenements, or ^teken^shall hereditaments, shall be given up, sold, or surrendered by, or taken, under the pro- be paid to the v isions of the said act or this act, from any body politic or corporate or person, and person entitled which any such body politic, corporate, or person shall be entitled to take any to renew. fine or fines upon the renewal of any life or lives, or of any lease or leases upon or of any such lands, tenements, or hereditaments, the amount of the value of the interest of such body politic or corporate or person which would arise out of the renewal of such life or lives or lease or leases, if the same were renewed at the time of such lands, tenements, or hereditaments being so given up, sold, surren- dered, or taken, shall be paid to the body politic, corporate, or person entitled thereto, out of the principal sum ascertained under the provisions of the said recited acts as the value of such lands, tenements, or hereditaments ; and the remainder of such principal sum shall be applied under the provisions of the said recited acts or this act. Commissioners " V. And be it further enacted, that it shall be lawful for the commissioners may lend under the said recited acts and this act to lend and advance to any parish or place ^To/actsTt" SUC^ Sum aS ^° ^e Sa^ commissi°ners may appear to be required and expe- such interest dient to lend and advance, for building of any additional church or chapel or not exceeding churches or chapels, or rebuilding or in aid of building or rebuilding any church the legal inte- or chapel, or for or towards completion of the building or rebuilding of any church rest, or with- or chapei already commenced or in part built or rebuilt, or for the payment or part they shall ' payment of any expenses, or sums due or to become due upon any contract hereto- deem fit. fore made, or which may hereafter be made, for any such building or rebuilding, or for the completion of any such building or rebuilding, or for enlarging or in aid of the enlarging or improving any church or chapel in any parish or place, or for the purchase or in aid of the purchasing of any land or ground for any site for any church or chapel, or church or chapel yard or cemetery, or enlarging any site of church or chapel yard or cemetery, or for carrying into execution any other pur- poses of the said recited acts or this act, for any such period or term as the commissioners shall think fit, upon payment for any such loan or advance of such annual interest, not exceeding five pounds per centum per annum, or without any interest, if under special circumstances they shall think it expedient and fit, either for any part or for the whole of the term or period for which such loan or advance shall be made, as the said commissioners shall, under all the circumstances, judge Loans to be proper ; and such loans and advances shall be repaid at such times and in such charged on the manner and by such instalments as shall be settled by the commissioners in that behalf, and shall be charged and chargeable upon the church rates of the parishes or places, or upon rates to be made for that purpose, as is provided in the said recited acts in relation to advances authorized by the said recited acts ; and the amount of all such advances, when repaid, and of all interest paid upon any such advances to the said commissioners, shall be applied to the purposes of the said church rates. STATUTA GEORGII IV. A.D. 1820—1830. 1195 recited acts and this act, anything in the said recited acts or either of them to the Stat. 3 Geo. contrary notwithstanding ; and it shall be lawful for the church or chapel wardens 4> c- 72. of any such parish or place, and they and each of them are hereby empowered, authorized, and required, to declare any such loan or advance, and also every other loan or advance made under the authority of the said recited acts and this act, to be applied to any of the purposes thereof, to be chargeable and charged upon the church rates of such parish or place, by any instrument in the form hereinafter mentioned, or in such other form, being as near thereto as the nature of the case will admit or the circumstance of the case shall require : " < Whereas his majesty's commissioners for building new churches, acting Form of charge under the authority of and in pursuance of the provisions contained in the several uPon rates- acts passed for the building and promoting the building of churches in populous parishes, or A. B. of and C. D. of have [recite shortly the loan and circumstance, and terms, et ccetera]; we therefore, or I, A. B., being of the church [or chapel] wardens of [describe them] do, by these presents, charge the said [describe the parish or place] with the said sum of and with the repayment thereof, accord- ing to the terms and conditions above stated ; and do hereby, in pursuance of the provisions of the said acts, or some or one of them, declare that the said sum of is and shall continue to be chargeable and charged upon the church [or chapel] rates now raised or hereafter to be raised in the said [parish, et C(etera,~] until the said sum of , together with the interest, is fully repaid, according to the terms and conditions above set forth. Witness, et eastern? " VI. And be it further enacted, that it shall be lawful for the church or Money may be chapelwardens of any parish or place, in which any sum or sums of money is or raised by are authorized or required to be raised for any of the purposes of the said recited annul les- acts or this act, to raise any such sum or sums of money, or any part or proportion thereof, by the grant or grants of any annuity or annuities : provided always, that no larger or greater rate of annuity shall be granted or given upon any life or lives for any money advanced than is specified in the tables annexed to an act passed in the thirty-sixth year of the reign of his late majesty King George the Third, 36Geo.3,c.52. intituled, * An Act for repealing certain Duties on Legacies and Shares of Personal Estates, and for granting other Duties thereon in certain Cases.' " VII. And be it further enacted, that it shall be lawful for the said commis- Commission- sioners, and also for any parish or place for which any act or acts of parliament ers> &c- to shall have been passed in relation to the building or rebuilding or enlarging any j^^J j^* UtrS0°r church or chapel, or enlarging or procuring any church or chapel yard or cemetery, CUring land, to make any grants or loans, or give or grant any other aid or assistance in pro- &c. and apply curing sites for churches or chapels, or land or ground for such church or chapel tne powers of yards or cemetery, or any addition thereto, and to use, enforce, and apply all the o?her°acte°for powers, authorities, claims, regulations, and provisions in the said several acts and the purposes this act contained, for carrying into execution any of the purposes thereof ; any- thereof, thing in any act or acts relating to any such parish or place to the contrary not- withstanding. " VIII. And be it further enacted, that in every case in which any parish or Commissioners place shall not have been able or shall not hereafter be able to procure any land or empowered to ground for the building or rebuilding any church or chapel, or enlarging any take ^and for existing church or chapel, or for the making of any yard to any church or chapel, paying the or for any cemetery, or for enlarging any yard to any church or chapel, or any value assessed, cemetery, by reason of the inability of any person or persons, body or bodies, interested in such land or ground or any part thereof, to convey or make a good title to the same, freed and discharged from all incumbrances ; or that any such person or persons, or body or bodies, shall be unwilling to treat for the sale thereof, or cannot agree for such sale and purchase ; then and in every such case it shall be lawful for the said commissioners, and they are hereby authorized and empowered, if upon consideration of all the circumstances of the case they shall think proper, to take such land or ground for any such purpose as aforesaid, for any such parish or place ; and it shall be lawful for the said commissioners in every such case to 1196 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 72. Apportioning of quit or other reserved rents. In cases of division of parish, vestry- men being resident in the district left to the original parish church shall continue to act as ves- trymen of such district for ecclesiastical purposes. Vestrymen to act only in the division of their residence. How defi- ciency of vestrymen is to be supplied. use, apply, and put in force all such of the powers and authorities of the said recited acts or this act respectively as may be necessary for the assessing, ascertain- ing, and paying the value, and taking and giving possession of any such land or ground ; and all the powers and authorities in the said recited acts and this act contained, in relation to the assessing or ascertaining and to the paying the sums assessed on the value of, and to the taking and giving possession of sites for churches to be built under the said recited acts and this act, shall extend and apply to the assessing and ascertaining, and to the paying the sums assessed as the value, and to [the taking and giving possession of such land or ground, as fully and effectually to all intents and purposes as if the same were severally and separately repeated and re-enacted for the purposes aforesaid; anything in the said recited acts, or either of them, or this act, to the contrary notwithstanding. " IX. And be it further enacted, that whenever any quit, chief, or other rent or rent-charge, either for term of years, or for life or lives, or in fee, shall be reserved upon or payable out of any lands, tenements, or hereditaments, part of which may be given, sold, or taken, under the provisions of the said recited acts or this act, for the purposes thereof respectively, and difficulties may arise as to the apportioning such rents, and enonerating the portions of any such lands, tenements, or hereditaments so given, sold, or taken for any claim in respect of such rents, and as to the effectually charging the remainder of such lands, tenements, or heredita- ments, with the remainder of such rent, it shall be lawful for the public or corpo- rate body or trustees, or other persons giving or selling any such portion of any such lands, tenements, or hereditaments, or from whom the same may be taken under the provisions of the said recited acts or this act, to apportion any such rent, with the consent and concurrence of the said commissioners ; and the lands, tenements, and hereditaments, used and applied for the purposes of the said acts or this act shall in every such case be wholly exonerated from any such rents or any part thereof, but the remaining part of such lands, tenements, or hereditaments, shall not be thereby discharged from the remaining part of the rent fixed by any such apportionment, and the rent so apportioned shall in every such case be deemed the entire rent upon the remaining part of such lands, tenements, and hereditaments ; and all remedies by distress, entry, action, or otherwise, which might have been used and applied for the recovery of the original entire rent, shall be used, enforced, and applied for the recovery of the rent fixed by such apportionment. " X. And be it further enacted, that in every case in which any parish or place shall be divided into separate parishes for ecclesiastical purposes, or into separate districts or chapelries, in which select vestries shall be appointed by the commis- sioners for such parishes under the provisions of the said recited acts, all the mem- bers of or persons belonging to the select vestry of the original parish, who shall reside in or belong to the district or division of the original church or chapel of the parish or place, shall continue to act as the vestry of such district or division, and of the church or chapel thereof, in all matters relating to such church or chapel and the repairs thereof, (or to any other ecclesiastical matters or things, or in the distribution of any proportion of any bequests, gifts, or charities, which may under the provisions of this act be assigned to any such district or division,) anything in the said recited acts or this act to the contrary notwithstanding : provided always, that no member of any select vestry of any such parish or place shall, after any such division as aforesaid, act in relation to any matters or things relating to any church or chapel, or churches or chapels, or any repairs thereof, or any matters or things relating thereto, or any other ecclesiastical matters or things, except such as are within or belonging or relate to the division in which he shall reside ; and if by reason of any such division as aforesaid a sufficient number of such members of select vestry shall not remain resident in the division of the parish or place within which the original church or chapel of the parish or place shall be situate, according to such proportion as shall be affixed by the commissioners on that behalf, regard being had to the population of such division, and the relative proportion thereof to the population of the whole parish or place, all such deficiencies shall be filled up as deficiencies or vacancies in such parish or place have been heretofore filled up in STATUTA GEORGII IV. A.D. 1820— ir.no. 1197 such parish or place : provided always, that no member of any such select vestry or inhabitant of any such parish or place shall vote in the supplying- such deficien- cies, unless resident within the division of the parish or place for which the mem- ber or members to supply deficiencies are to be chosen ; provided also, such persons so chosen shall not by reason thereof be deemed members of the vestry of any such parish or place for any other purposes than such as relate to the church or churches, or chapel or chapels, or the ecclesiastical affairs of the division of the parish or place for which they shall be so chosen, or for the distribution of any charitable gifts or bequests therein : provided also that all the members of the select vestry of any such parish or place, resident in any other divisions of any such parish or place, shall in every case be members of such vestry or vestries as shall be appointed under the provisions of the said recited acts or this act for the respective divisions of the parish or place in which they shall respectively reside. " XI. And be it further enacted, that it shall be lawful for the said commis- sioners in every case in which they shall be of opinion that it will be expedient to divide, or in which the said commissioners shall have divided any parish or place into two or more distinct and separate parishes, district parishes or chapelries, for ecclesiastical purposes, under the provisions of the said recited acts, to appor- tion, if the commissioners shall in their discretion think it expedient, among such separate divisions of any such parish or place so made separate or district parishes or chapelries, for ecclesiastical purposes, any charitable bequests or gifts which shall have been made or given to any such parish or place, or the produce thereof ; and in any such case to direct that the distribution of the proportions of such bequests or gifts, or the produce thereof, as shall be so apportioned to any such separate divisions of any such parish, shall be made and distributed by the spiritual person serving the church or chapel of any such separate divisions, or the church or chapel wardens or select vestry of any such separate divisions, either jointly or severally, as the commissioners may in their discretion, (regard being had to the nature of the bequest or gift, and the application thereof,) think expedient ; and also to apportion among such separate divisions any debts which may have been before the period of such apportionment contracted or charged upon the credit of any church rates in such parish or place, regard being had in all such apportion- ments to the circumstances of such parish or place, and of the respective divisions thereof so made separate and distinct for ecclesiastical purposes as aforesaid ; and all such apportionments shall be registered in the registry of the diocese in which the parish or place shall be locally situate, and duplicates thereof shall be deposited with the churchwardens of each such separate districts as aforesaid, in respect of or in Telation to which any such apportionments as aforesaid shall have been made. " XII. And be it further enacted, that it shall be lawful for the said commis- sioners, in every case in which any parish or place shall be divided, under the pro- visions of the said recited acts, into district parishes or places for ecclesiastical pur- poses, with distinct district churches for each of such divisions, to order and direct, with the consent of the bishop of the diocese, that all or any proportion of the fees, dues, and emoluments, arising and accruing from the publication of banns and celebration of marriages, and from churchings and burials, and the making, open- ing, or using any catacombs, vaults, or ground for burials, in all or any the several districts and divisions of such parish or extra-parochial place, shall remain with and continue to belong to, and to be received by or for and on account of, and to the use of, and to be accounted for, wholly or in part, as the case may require, to the incumbent of the original church or chapel, anything in the said recited acts or either of them, or in this act, contained to the contrary notwithstanding ; and every such order shall he registered in the registry of the diocese, and a duplicate copy thereof deposited and kept in the respective chests of the churches and chapels respectively of such parish or place : provided always, that it shall be lawful for the commissioners, with such consent as aforesaid, at any time within five years after the making of any such original order or direction, to annul or in any manner to alter any such order or direction, or the appropriation made thereby ; and such Stat. 3 Geo. 4, c. 72. Commissioners may, in case of division of parishes, ap- portion cha- ritable gifts and debts. Commissioners may direct that fees for marriages and burials, in case of division into district pa- rishes, shall continue to be- long to the incumbent of original church of the parish. 1198 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 3 Geo. 4, c. 72. In cases in which the rec- torial tithes, &c. shall be surrendered by impropriators, &c. for the purpose of converting vicarages into rectories, the commissioners shall direct the same to be done accord- ingly. new order or direction or alteration, when made, shall be registered in manner aforesaid. " XIII. And be it further enacted, that it shall be lawful for the said commis- sioners, and they are hereby authorized and empowered, to convert any vicarage of any parish or place, or the separate divisions of any vicarage of any parish or place, divided under the said recited acts or this act, into a rectory Di- rectories instead of a vicarage or vicarages, in any case in which the owner or owners entitled in fee-simple to the rectory or tithes, if an impropriate rectory, or the patron entitled in fee-simple of a sinecure rectory, and also the incumbent of the sinecure rectory, of any such parish or place, if the same shall not be void at the time of any such conversion, and the person or persons, (if any,) entitled to the absolute interest in any lease granted of the sinecure rectory or glebe or tithes thereof, shall be willing to restore and release and re-unite the tithes and glebe and all other rectorial rights, dues, and emoluments of any such parish or place, or of any such proportion of any such parish or place, as shall be satisfactory to such commissioners, to the incumbent or incumbents of such parish or parishes, or place or places, and his or their successors for ever ; and in every such case such surren- der, restoration, or release, shall be made in such form and by such instrument as the commissioners shall direct ; and the said commissioners shall, by an instrument in writing under the seal of the said commissioners, direct such alteration to be made, and conversion of any such vicarage or vicarages into a rectory or rectories, from the period specified in such instrument, and upon the conditions as to the transfer, restoration, or re-uniting of tithes, glebe, or other rectorial rights, dues, and emoluments therein mentioned ; which instrument shall be registered in the registr}' of the diocese in which the parish shall be locally situate, and enrolled in the high court of Chancery ; and such parish or parishes, place or places, shall for ever therefrom be deemed and taken to be, to all intents and purposes, a rectory or rectories, without prejudice nevertheless to the rights and interests of any other persons ; and the incumbent or incumbents of any such vicarage or vicarages shall thereupon become and be deemed to be the rector or rectors of such parish or parishes, or divided parishes, or place or places, without any new induction or pro- ceeding whatever, and shall be entitled to have and use, and exercise, all such reme- dies for the recovery of their tithes, glebe, and all other rectorial rights, dues, and emoluments, as rectors of such parishes or divided parishes, as fully and effectually, to all intents and purposes, as if such parishes had been rectories, and such incum- bents respectively had been in due form of law inducted as rectors therein ; and it shall be lawful for the said commissioners in every such case, immediately after the passing of this act, and before any such transfer and division can be finally arranged, made, and completed, to accept and confirm any such restoration or release and re-union of any such tithes, and accept and record the consents or engagements in relation thereto, of any such impropriator, patron, or sinecure rector and in- cumbent, (if there shall have been any incumbent to consent at the time of such conversion,) and tenant or tenants, if any, and to proceed to the completing of any such transfer or division upon such consent, for the purpose of converting any such vicarage into a rectory or rectories ; and all such consents shall in any such case be valid and binding upon the heirs and successors, and executors and administrators, respectively, of any such impropriator, patron, or sinecure rector and incumbent, tenant or tenants, if any death or changes shall thereafter occur in any such patronage or incumbency, as fully and effectually to all intents and purposes as if the consent had been given and transfer made by the impropri- ator, patron, or sinecure rector and incumbent, tenant or tenants, for the time being, when the arrangement and division shall be finally completed : provided always, that no incumbent shall in any such case become liable to the mainte- nance or upholding or repair of more than one house of residence in any such parish or place ; and when in any such parish or place there shall be more than one house belonging to the church or chapels thereof, the bishop of the diocese shall decide, order, and declare, which shall thereafter be deemed the house of residence, and be upheld and maintained and repaired as such ; and the order of STATUTA GEORGII IV. A.D. 1820—18-30. 1199 the bishop in relation thereto shall be registered in the registry of the diocese, Stat. 3 Geo. and a duplicate copy of such order deposited and be kept in the chest of the 4,c- church or chapel of such parish or place. "XIV. Provided always, and be it further enacted, that in case the said com- Sinecure rec- missioners shall think proper to convert into a rectory or rectories the vicarage tor may release of any parish or place, or separate division of a parish or place which shall be Jjal^lebe^&c divided, or in which a new church shall be erected by virtue of the provisions an(i retain the contained in the said recited acts or this act, and the possessor or possessors of the remainder in sinecure rectory of such parish or place for two or more lives, by virtue of a lease *"ee simPle» f°r granted thereof bv a rector with the consent of the patron and ordinary, shall be the Pu^F°5e ot" o - iii. i • i convertmg any desirous of retaining any manor or other hereditaments, being the glebe or part of vicarage into a the glebe of the said rectory, and shall be willing to surrender and release all his, rectory by the her, or their estate and interest in the tithes, and the residue (if any) of the glebe commissioners. of the said rectory, on condition that such manor and other hereditaments shall be vested in him, her, or them in fee simple, then and in every such case it shall be lawful for the said commissioners, and they are hereby authorized and empowered if they shall think proper, with the consent of the patron of the said rectory being entitled thereto in fee simple, and the incumbent thereof, by any instrument under the seal of the said commissioners, and sealed and delivered by the said patron and incumbent, (if any,) upon the execution by such possessor or possessors of the said rectory, together with the patron and incumbent (if any) thereof, and of the said commissioners, of such instruments as are hereinbefore mentioned or referred to, for surrendering, releasing, and investing all the rectorial tithes and glebe, (except the manor and other hereditaments to be retained as aforesaid,) to release and convey the said manor and other hereditaments to such possessor or possessors, or such other person or persons as he, she, or they shall in that behalf direct, his, her, or their heirs and assigns for ever ; and such instruments in writing shall be enrolled in the high court of Chancery, and upon the execution thereof the manor and other hereditaments comprised therein, with their appurtenances, and the fee simple and inheritance thereof, shall be absolutely vested in the person or persons to whom the same should be thereby released and conveyed, his, her, or their heirs and assigns for ever, but shall be subject to tithes in the same manner as if the same had never been part of the glebe of the said rectory. " XV. (1 ) And be it further enacted, that it shall be lawful for all bodies politic, Bodies politic, corporate, or collegiate, corporations aggregate or sole, tenants for life or m tail, Sue. may give husbands, guardians, trustees, and feoffees in trust, committees, executors, and UP ri?nts of administrators, and all other persons and trustees whomsoever, not only for or on endowment!?1 behalf of themselves, their heirs and successors, but also for or on behalf of ces- and emolu- ' tuique trusts, whether infants, issue unborn, lunatics, idiots, femes covert, or other meats held by person or persons, and to and for all femes covert who are or shall be possessed of tdem ln trust» or entitled to or interested in their own right, and for every other person whomso- .u*in. n.n ever who shall be possessed of or entitled to or interested in any right of patronage to establish or of presentation or appointment to any benefice, donative, perpetual curacy, or of district any spiritual person to any church or chapel, or the performance of any ecclesi- cnurcnes* astical duties in any church or chapel, or for the trustees of any endowments or * emoluments for the use of any church or chapel, or the incumbent thereof, or spiri- tual person serving the same, to surrender any such right of patronage, presentation, or appointment, endowments or emoluments, or to enter into or make any agree- ment relating thereto with the said commissioners and the bishop of the diocese, and to attach any contiguous division of any parish or place, with consent of the patron and incumbent of the parish or place, to any such chapel for the purpose of better enabling the said commissioners to convert any such church or chapel into the church or parochial chapel or chapel of ease of a district parish or chapelry, and to convert any chapelries or other divisions into districts or separate parishes for ecclesiastical purposes ; anything contained in any act or acts of parliament, or in any deed or deeds, or any trusts relating thereto, respectively, to the contrary notwithstanding. (1) Vide Stat. 1 & 2 Vict. c. 107, s. 15. 1200 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 72. Commissioners may, with consent of ordinary, &c. convert dis- trict chapelries into district parishes, where suitable resi- dences, &c. can be obtained for incumbent, and fees com- pensated for. Where mar- riages are allowed to be celebrated in district chapel- ries, the banns of marriage shall be pub- lished in the chapels of the districts. All acts re- lating to pub- lishing banns of marriage and to mar- riages, &c. to apply to churches and chapels of ex- tra-parochial places and districts. When banns may be pub- lished and marriages celebrated in any churches and chapels, the bishop of the diocese to certify the same. Marriages not to be invalid for want of such certifi- cate, if had in the churches authorized by the acts. " XVI. And be it further enacted, that it shall be lawful for the said commis- sioners, and they are hereby empowered, with the consent of the ordinary and the patron and of the incumbent of the parish for the time being, or in case of the refusal of any incumbent, then with the consent of the ordinary upon the next avoidance, to convert any district chapelry made under the provisions of the said recited acts into a separate and distinct parish for ecclesiastical purposes, or into a district parish under the said acts, in any case in which a suitable house of resi- dence, and such maintenance as the said commissioners shall deem competent, can be procured and established for the use of the minister of such separate and distinct or district parish so to be made, and his successors, and in which a compensation shall be provided to the satisfaction of the commissioners and the then incumbent of the parish, for all fees, oblations, offerings, and other ecclesiastical dues which may by such conversion be transferred to the minister of such separate and distinct or district parish so to be made ; and every such conversion shall be made under the seal of the said commissioners, and registered in the registry of the diocese in which the parish shall be locally situate, and enrolled in the high court of Chancery, and duplicate thereof shall be lodged in the chest of the original parish church, and in the church or chapel of the separate and distinct or district parish. " XVII. And be it further enacted, that in every case in which marriages are allowed, under any of the provisions of the said recited acts or either of them, to be solemnized in any chapel of a district chapelry, and in which the parties, or either of them, contracting such marriage, shall reside in the district of the chapelry, or in any other district of any chapelry, the banns of marriage shall be published in the chapel or chapels of each of the districts in which such parties respectively reside, and no publication of such banns in any other church or chapel shall be legal, valid, or effectual for the purposes of such marriage ; anything in the said recited acts or either of them, or any other act or acts of parliament, con- tained to the contrary notwithstanding. "XVIII. And be it further enacted, that all acts of parliament, laws and customs relating to publishing banns of marriage, and to marriages, christenings, churchings, and burials, and the registering thereof, and to all ecclesiastical fees, oblations, or offerings, shall apply to all extra-parochial places, and to all divisions and districts of any extra-parochial places in and for which any churches or chapels shall be built or appropriated, under the provisions of the said recited acts or this act, and to the churches and chapels thereof, and to the ecclesiastical persons having the cure of souls therein, or serving the same, in like manner, in every respect, as if the same respectively had been ancient, separate, and distinct parishes and parish churches by law, to all intents and purposes. " XIX. And be it further enacted, that when and so soon as banns of marriage may be published, and marriage celebrated and solemnized, in any church or chapel under the provisions of the said recited acts or this act, the bishop of the diocese within which such church or chapel shall be locally situate, whether in any parish or extra-parochial place or otherwise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclu- sive evidence in all courts, and in all questions relating to any banns published or marriages celebrated or solemnized in any such church or chapel, that the same might, according to law, respectively be published and celebrated and solemnized in such church or chapel ; and that all banns published, and marriages celebrated, solemnized, and had in any such church or chapel, according to the laws and canons in force within this realm in that behalf, shall, after the granting of such certificate, be good, valid, legal, and effectual to all intents and purposes whatsoever: provided always, that no banns of marriages respectively published, celebrated, solemnized, or had, according to the laws and canons in force within the realm in that behalf, in any church or chapel in which the same are authorized to be respectively pub- lished, celebrated, solemnized, and had by the said recited acts or this act, or cither STATUTA GEORGII IV. A.D. 1820—1830. 1201 of them, shall be or be deemed or taken to be invalid or illegal, or void or voidable, by reason of any such certificate not having been duly given, or registered or entered as hereinbefore required. " XX. And whereas doubts may arise as to the repairs of churches or chapels acquired and appropriated, or built or enlarged or improved in aid of the churches of parishes or places, under the provisions of the said recited acts or this act ; for remedy and prevention thereof, be it enacted, that all chapels acquired and appro- priated, or built or enlarged and improved under any of the provisions of the said recited acts, or under any local acts, in cases in which no provision is made relating thereto in such local acts, in aid of the churches of the parishes or places in which they shall be situated, (whether any districts of any such parishes shall have been assigned or not to such chapels as belonging thereto for ecclesiastical purposes,) shall be repaired by the respective parishes or places at large to which such chapels shall belong, and rates shall be raised, levied, and collected for that purpose in like manner in every respect as for the repair of the churches of such parishes and places, and all the laws in force for making, raising, levying, and collecting rates for the repair of churches, shall be applied and put in force for the raising, making, levying, and collecting such rates for the repair of such chapels, as fully and effec- tually to all intents and purposes as 'if the same were severally, separately, and specially repeated and re-enacted in this act for that purpose, as to the repairs of such chapels ; anything in the said recited acts, or any other act or acts of parlia- ment, to the contrary notwithstanding. " XXI. And be it further enacted, that it shall be lawful for the said commis- sioners, and they are hereby authorized and empowered, in any case in which any division of any parish already divided, or which may hereafter be divided under the provisions of the said recited acts or this act, shall be again divided, and on which any church or chapel shall be built or acquired and appropriated, for the use of any such new division, by any instrument under the seal of the said com- missioners, to declare that all liability to any repairs of the church or chapel of the division from which such new division shall be so made as aforesaid shall cease from the period specified in any such instrument ; and thereupon, from and after such period, the new division in which any such church or chapel shall be built, acquired, and appropriated, shall be liable only to the repairs of such church or chapel, and to the repairs, for whatever period shall remain of the twenty years under the said recited act, of the church of the original parish ; anything in the said recited acts to the contrary notwithstanding. "XXII.(l) And be it further enacted, that it shall and may be lawful for the said commissioners, with the consent of the bishop and patron entitled in fee- simple, in cases where the said commissioners may not deem it expedient to divide any parish for ecclesiastical purposes, or create separate districts for ecclesiastical purposes therein, either to make a permanent rent charge on or to apportion any portion not exceeding a moiety of the glebe lands, tithes, moduses, or other emolu- ments, for the benefit of the incumbent of or person serving any such chapel or chapels in any such parish, as in their discretion they may think expedient : pro- vided always, that the presentation of every such endowed chapel shall be vested in the patron of the church to which such chapel or chapels may appertain. " XXIII. And be it further enacted, that it shall be lawful for the said com- missioners to transfer any rights to any pews, with the consent of the owners thereof, in any existing church or chapel, belonging to any person residing in any division of any parish or place in which any new church or chapel shall have been or shall be built, acquired, or appropriated under the provisions of the said recited acts, to the church or chapel of the division in which any such person or persons shall reside, for the purpose of enabling the said commissioners to make or increase the number of free seats in the church or chapel from which such rights shall be transferred ; and the persons from whom any pews shall be so taken for such pur- pose as aforesaid, and to whom any pews in lieu of their former pews shall be Stat. 3 Geo. 4, c. 72. All chapels belonging to parishes with or without districts as- signed, to be repaired by the parishioners at large, in the same manner as the church of the parish. Commissioners may exonerate any new sub- division of division of any parish already divided, or which may hereafter be divided, from repair of church of such division. Commissioners may apportion glebe, tithes, &c. or make permanent charge thereon for benefit of persons serving any chapel in the parish. Commissioners may, with consent or' owners, trans- fer pew rights from existing churches to new churches, &c. of divi- sions, for the purpose of making free seats. (1) Vide ante 1157, Craven v. Sanderson. 4 li 1202 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 3 Geo. 4, c. 72. No greater right to be given on the transfer of pews. Regulation as to letting of pews. For avoidance of pew leases. Parishes may, with consent of commissioners, procure and buy additional burial grounds. assigned by the said commissioners in any other church or chapel, shall have, hold, and enjoy the same respective rights and titles to the pews so assigned, as they respectively had, held, and enjoyed in their former pews, or such right and title as shall he directed and set forth in such assignment in lieu thereof, without any faculty, instrument, or other process than such assignment as aforesaid ; and every such assignment shall he registered in the registry of the diocese in which the church or chapel shall be, and a duplicate thereof deposited in the chest of the church or chapel in which any such pew shall he so assigned as aforesaid : pro- vided always, that no larger or greater or other right shall be given to any pew in any new church or chapel, upon any such transfer, than belonged to the owner, proprietor, or occupier of the pews in the existing church or chapel, in the pews in respect of which any such transfer shall be made. " XXIV. And be it further enacted, that in every case in which rents shall have been fixed upon the pews in any church or chapel under the provision of the said recited acts for the purposes therein specified, notice shall be given for six suc- cessive weeks at the end of each year of all the pews which are vacant, or which will become vacant at the commencement of the next year, by affixing the same in writing upon the doors of the church or chapel and vestry room thereof respec- tively; and all such pews as shall not be taken at the rent respectively fixed thereon within fourteen days after the commencement of the ensuing year, shall in every such case be let to any inhabitant of any adjoining parishes or places in which there shall not be sufficient accommodation in the churches and chapels of the parish or place for the inhabitants thereof, at the rent respectively so affixed upon such pews, for any term not exceeding the end of the year ; and at the expi- ration of the year, and also of every succeeding year in which any such pews shall be rented by inhabitants of any adjoining parishes, such pews shall be inserted in the list of vacant pews, to be taken in preference by the inhabitants of the parish or place to which the church or chapel shall belong ; and all such pews as may not be so taken by any inhabitant of the parish or place may again be let and so on from year to year, to any inhabitants of any adjoining parish or place; anything in the said recited acts to the contrary notwithstanding. " XXV. Provided always, and be it further enacted, that in case any inhabitant to whom any lease or demise of any pew, seat, or sitting, in church or chapel, of the parish or place or division or district of which he shall be an inhabitant, shall be granted for any longer term than one year, shall cease to be an inhabitant of the said parish, place, division, or district, or shall discontinue his or her attendance at the church or chapel for the space of any one year, then and in every such case his, her, or their lease, demise, term, estate, and interest in such pew, seat, or sitting respectively shall, at the end or expiration of the then current year of the said term or period, cease and determine to all intents and purposes whatsoever ; and such pew, seat, or sitting, shall and may be again let in like manner hereinbefore mentioned. " XXVI. And be it further enacted, that it shall be lawful for the said com- missioners to authorize and empower any parish, chapelry, township, or extra- parochial place, which shall be desirous of procuring a burial ground, or adding to any existing church or chapel yard or cemetery, to procure and purchase any such land or ground as may in the opinion of the commissioners be sufficient and pro- perly situated for a church or chapel yard or burial ground, or as an addition to any existing church or chapel yard or cemetery, (whether such land or ground shall be situated within the parish or place for the use of which the same shall be intended,) and to make, raise, levy, and collect rates for purchase thereof, or for the repayment with interest of any money borrowed for the making such pur- chase, at such times and in such proportions as shall be agreed upon with the person or persons advancing any such money and approved of by the said commis- sioners ; and the churchwardens or chapel wardens or persons authorized under the said recited acts to make rates for any of the purposes of the said recited acts, of any such parish, chapelry, township, or extra-parochial place, may and shall in every such case use and exercise all the powers and authorities in the said recited acts for the purposes of making and completing such purchases, and also all the STATUTA GKORGII IV. A.D. 1320—1830. 1203 powers and authorities in the said recited acts specified as to making, raising, and levying any rates for any of the purposes of the said recited acts ; and when any such land or ground so purchased shall be situate out of the bounds of the parish or place for which the same is intended, the same shall after consecration become and be deemed part of such parish or place ; anything in any act, law, or custom to i he contrary notwithstanding. " XXVII. And whereas provision is made in the said recited act of the fifty- ninth year aforesaid, for authorizing the remitting and allowing of duties of customs and excise upon materials used in the building of churches or chapels under the provisions of the said recited acts ; and doubts may arise as to the allow- ing or remitting of such duties in cases of rebuilding or enlarging or increasing the accommodation of churches and chapels ; for remedy and prevention thereof be it therefore further declared and enacted, that it shall be lawful for the com- missioner of customs and excise of England, Ireland, and Scotland respectively, with the consent and under the authority in writing of the lord high treasurer of the United Kingdom of Great Britain and Ireland, or of any three or more of the commissioners of his majesty's treasury for the time being respectively, to remit all or any proportion of the duties of customs or excise respectively, or to order the same to be drawn back or repaid, for, upon, or in respect of any stone, slate, bricks, timber, or other materials which shall have been or shall be bond fide procured for, and have been or shall be used in the rebuilding, or enlarging or increasing the accommodation of any churches or chapels under the provisions of the said recited acts or this act, or which have been built or enlarged or increased with the appro- bation of the commissioners ; (and which approbation may be at any time certified under their seal ;) and such duties shall, in every such case, be remitted, drawn back, or repaid, as the case may be, under such rules, regulations, and restrictions, and in such manner as shall be ordered and directed by the lord high treasurer, or any three or more of the commissioners of his majesty's treasury, in that behalf ; anything in any act or acts of parliament to the contrary notwithstanding. " XXVIII. And whereas by the said recited act of the fifty-ninth year aforesaid, the commissioners for managing the duties upon stamped vellum, parchment, and paper, are authorized to allow the full amount of stamp duties upon instruments made in relation to the said recited acts ; and it is expedient to make other pro- visions in relation to such stamp duties ; be it therefore enacted, that no deed of gift^ or grant, security, contract, agreement, deed, or conveyance, or other instru- ment, made for any of the purposes in the said recited acts mentioned, or for any other of the purposes or under any of the provisions in the said recited acts or either of them, or of this act, or for the carrying into execution any of the powers, au- thorities, regulations, purposes, or provisions thereof, or therein mentioned respec- tively, shall be subject to any of the duties upon stamped vellum, parchment, or paper ; anything in any act or acts of parliament to the contrary notwithstanding. " XXIX. And be it further enacted, that from and after the expiration of five years after the transfer or conveyance of any messuages, lands, grounds, tenements, or hereditaments, to the said commissioners, or to any person or persons, for the use of any parish or place, as a site for any church or chapel, or any church or chapel yard or cemetery, whether such transfer or conveyance shall have been by gift or grant, or upon or in pursuance of any sale or purchase under the provisions of the said recited acts or this act, although no church or chapel shall have been before the expiration of the said five years erected or built and consecrated upon such site, the said messuages, lands, grounds, tenements, or hereditaments, shall become and be and remain absolutely vested in such commissioners, or the person or persons to whom the same was conveyed for the purposes of the said acts and this act, free from all demands or claims of any body politic or corporate, or person or persons whatever, and without being thereafter subject to any question as to any right, title, or claim thereto, or in any manner affecting the same. " XXX. And be it further enacted, that it shall be lawful for the said commis- sioners, and they are hereby authorized and empowered, by any instrument under seal, with the consent of the ordinary and of the patron and incumbent of any 4 II 2 Stat. 3 Geo. 4, c. 72. To remove doubts as to allowance of duties upon materials for rebuilding or enlarging of churches, &c. Grants, instru. ments, con- tracts, or bonds, not to be subject to stamp duty. Titles to sites not to be ques- tioned after five years Commissioners may transfer the endow- ments, &c. of 1204 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 72. existing churches, &c. to those churches built in lieu thereof, upon certain conditions. Appointment of ecclesiastical persons to serve new churches or chapHs, built by aid from parish or .place in which any new church or chapel shall have been built, or shall be built, acquired, or appropriated, for the use of such parish or place, instead of the old church or chapel of such parish or place, under the provisions of the said recited acts or this act, to authorize and direct the transfer of the endowments, emoluments, or rights, of or belonging to the old or existing church or chapel of such parish or place, or to the minister for the time being thereof, to any such new church or chapel so built, acquired, or appropriated, in such parish or place, and to the minister thereof for the time being, and his successors ; and it shall be lawful in every such case for any trustees of any chapel, or of any rights, emoluments, or endowments, of or belonging to any church or chapel, or to the incumbent of any church or chapel for the time, and they are hereby required, to transfer all such rights, emoluments, and endowments, according to the direction of the said com- missioners as aforesaid : provided always, that in every such case the inhabitants of the parish or place in which such new church or chapel shall be built shall raise and pay to the said commissioners, towards the expenses of such new church or chapel, either by subscription or rate, such sum at the least as would have been necessary for the repair of the old church or chapel, in case such new church or chapel had not been built, and such further sum as the inhabitants of such parish or place would have been liable to raise in such parish or place, for any purposes relating to the effectual and sufficient reparation of and maintaining such old church or chapel, or the cemetery thereof, or any other expenses incident thereto, or to which such parish or place would have been liable in respect thereof, in case such new church or chapel had not been built ; and immediately from and after any such transfer as aforesaid, all tithes or tenths, moduses, or other compositions for tithes or tenths, and all emoluments, dues, fees, offerings, oblations, obventions, and other profits and advantages, and all messuages, glebe and other lands, tenements, or hereditaments, rents, sums of money, or real or personal chattels whatsoever, and all rights and privileges wheresoever, and of what nature or kind soever, where- with any such old or existing church or chapel then is, or at any time theretofore had or ought to have been, or at the time of such substitution of such new church or chapel for any such old or existing church or chapel may be endowed, or to which the minister thereof then is or at any time theretofore was or ought to be entitled, with all the respective rights, privileges, members, easements, and appur- tenances thereto belonging or in anywise appertaining, or to or with the same or any part thereof had, held, used, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof, or as belonging to such minister ; and the same, together with all reversion and reversions, remainder and remainders, yearly and other rents, issues, estates, rights, interests, dividends, emoluments, and profits, of all and singular any such messuages, lands, heredi- taments, rents, or sums of money, shall severally and respectively become and be vested in the parson or minister for the time being of the new church or chapel, and his successors for ever, in as full and ample a manner as the parson or minister of the old or existing church or chapel might or could have had, received, and enjoyed the same in case such substitution or transfer had not been made and passed ; and every such substitution and transfer shall be registered in the registry of the diocese within which the place shall be locally situate, and enrolled in the high court of Chancery ; and all acts of parliament, laws, and customs, relating to the publishing of banns of marriage, and celebration of marriages, christenings, churchings, and burials, and the respective registering thereof, and to all ecclesiastical fees, oblations, and offerings, shall apply to every such new church in like manner, in any respect as to the old church of the parish or place. "XXXI. And be it further enacted, that in every case in which the commis- sioners shall build or grant any sum of money in aid of the building of any new church or chapel, in any parish or place in which the patronage of or nomination or appointment of the ecclesiastical person to serve such church or chapel shall not belong to his majesty, or to any body politic or corporate or collegiate, or any cor- poration sole or aggregate, or to any trustees, commissioners, directors, or othe.- STATUTA GEORGII IV. A.D. 1820—1830. 1205 persons having the charge, care, or management of any public or charitable insti- Stat. 3 Geo. fiction, or to any trustees of any church or chapel, or to any private person, it shall 4, c. 72. be lawful for the said commissioners, by any instrument under seal, to declare that commissioners, such patronage, nomination, or appointment shall, either for ever, or for such time *n certain cases and in such manner as the said commissioners shall direct, go to or be exercised by tbe diocesan the bishop of the diocese within whose jurisdiction as diocesan such parish or place shall be, or if exempt from such jurisdiction, then by the bishop of the diocese in which such parish or place shall be locally situate ; anything contained in any act or acts of parliament, or law or laws, or any usage or custom, to the contrary not- withstanding. " XXXII. And whereas doubts have arisen whether the commissioners are Commissioners empowered to use, exercise, and enforce certain of the provisions of the said recited may, under acts and this act in aid of the parishes and places in certain cases not within the any sPeci&l limitations of the said recited acts, with respect to the population or extent of such to be^ecorded parishes or places, or which may not come wtihin any of the regulations of the in their pro- said recited acts or this act, in respect of any advances or loans in aid of such ceedings, apply parishes, or in which parishes or places cannot comply with the regulations and f^eir Powers restrictions contained in the said recited acts or this act ; be it therefore declared ™a Wishes for and enacted, that it shall be lawful for the said commissioners, in any case in which procuring they shall, under the special circumstances of any parish or place which shall not land, &c. be within any of the provisions of the said recited acts or this act, deem it expe- dient, and they are hereby authorized and empowered, to use, exercise, and put in execution, all or any of the provisions of the said recited acts or this act relating to the procuring or taking of any land or ground for the purpose of procuring for any such parish or place, or of aiding in the procuring for any such parish or place, any land or ground for any of the purposes of the said recited acts or this act, or for the purpose of carrying into execution any of the provisions of the said recited acts or this act with respect to the division or consolidation of any parish or dis- trict : provided nevertheless, that the commissioners shall in every such case enter in their proceedings the nature of the special grounds and circumstances under which they shall deem it expedient so to act. " XXXIII. And whereas doubts have arisen and may arise as to gra its made For removing by the said commissioners, in cases in which trusts have been created by acts doubts as to of parliament or otherwise, in relation to the churches or chapels for which such the Powerf °f grants have been or may be made, and whether the making such grants may, under sioners^re'ia the provisions of the said recited acts and this act, interfere with such trusts ; for tion to certain remedy and prevention whereof, be it therefore declared and enacted, that it shall grants, be lawful for the said commissioners to make any grant or grants in relation, or confirm any grant or grants heretofore made for any church or chapel in relation to which any trusts have been created by any act or acts of parliament, or any deed or deeds, or instrument of consecration, which may not in all respects concur with the provisions of the said recited acts or this act, and to declare at the time of making or confirming any such grant that any such trusts shall notwithstanding remain and continue in full force : provided always, that the commissioners shall, in any such case, enter in their proceedings the special grounds upon which every suc h grant has been made and confirmed ; and in every such case such trusts shall remain and continue in full force ; anything in the said recited acts or this act, or in the said trusts and regulations, to the contrary notwithstanding. " XXXIV. And be it further enacted, that in every case in which any grant Commissioners shall have been or shall be made of any land or ground, for any of the purposes of may reconvey the said recited acts or this act, as a gift, or without any pecuniary consideration land Siven for being paid for the same, and in which the commissioners shall determine not to jJJ^ ^S ^ apply such land or ground to any of the purposes of the said recited acts or this not used, to act, it shall be lawful for the said commissioners, and they are hereby authorized the grantors, and empowered, to exchange any such land or ground for any other land or ground or their heirs which may, in the judgment of the said commissioners, bo more eligible for the 0r successors- purpose for which the same was given ; or with the consent of the grantor or grantors thereof, or their heirs or successors, to apply such land or ground to any 1206 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 3 Geo. 4, c. 72. This act not to affect the powers of acts relating to any particular parish. Powers of bishops, &c. not to be invalidated : but may exer- cise ecclesias- tical jurisdic- tion. Act may be altered or repealed this cession. other ecclesiastical purposes, either as glebe or otherwise, for the use of the incum- bent of the parish or place, or for the purpose of any parochial or charitable school, or any other charitable or public purpose relating to any such parish or place ; or to reconvey, without requiring, taking, or receiving any pecuniary con- sideration for such reconveyance, any such land or ground, or any part thereof, in case only a part of any such land or ground shall have been applied to the pur- poses of the said recited acts or this act, to the grantor or grantors thereof, or their heirs or successors ; anything in the said recited acts or this act to the contrary notwithstanding. " XXXV. Provided always, and be it further enacted, that nothing in this act contained shall extend or be construed to extend to repeal or alter, vary or affect, any powers, authorities, clauses, or provisions contained in any act or acts of par- liament passed in the last session of parliament, or which may be passed in this present session of parliament, relating to any particular parish or place, or to autho- rize or empower the commissioners under the said recited acts or this act to make or enforce any order, direction, or regulation under the provisions of the said recited acts or this act, so as to alter or affect any such powers or authorities as aforesaid, or otherwise contrary to any clause or provision contained in any such act or acts of parliament relating to any particular parish or place; and that all the powers, authorities, clauses, regulations, and provisions in such local acts contained shall remain in full force, and be used, enforced, and applied in the same manner and by the same persons as if this act had not passed ; anything in this act to the contrary notwithstanding. " XXXVI. Provided always, and be it further enacted and declared, that nei- ther this act nor the said recited acts, nor anything therein or herein contained, nor any act, matter, or thing done by or under the authority of the same, or of the commissioners under the said recited acts or this act, shall extend to invalidate or avoid any ecclesiastical law or constitution of the church of England, or to destroy any of the rights or powers belonging to any bishop of any diocese, or any arch- deacon, chancellor, or official. "XXXVII. And be it further enacted and declared, that every bishop of any diocese, and every archdeacon, chancellor, and official respectively, may at all times hereafter visit, institute, and exercise ecclesiastical jurisdiction in all the parishes to be erected or divided by virtue or in pursuance of this act, and in every division or district into which any parish may be divided under the provisions of the said recited acts or this act, and in relation to every church and chapel within the same, as amply as they or any of them may do now therein, and in such manner as in any other parishes or places within his or their dioceses or jurisdictions respectively. " XXXVIII. And be it further enacted, that this act may be amended, altered, or repealed by any act to be passed in this present session of parliament/' Stat. 3 Geo. 4, c. 75. 26Geo.2,c.33. XLIII. Stat. 3 Georgii 4, c. 75(1). A.D. 1822. "An Act to amend certain Provisions of the twenty-sixth of George the Second, for the better preventing of Clandestine Marriages" " Whereas it is, amongst other things, provided, by an act passed in the twenty-sixth year of the reign of his late majesty King George the Second, inti- tuled, 4 An Act for the better preventing of Clandestine Marriages,' that all mar- riages solemnized by licence after the twenty-fifth day of March, one thousand seven hundred and fifty-four, where either of the parties, (not being a widower or a widow,) shall be under the age of twenty-one years, which shall be had without the consent of the father of such of the parties so under age, (if then living,) first had and obtained, or, if dead, of the guardian or guardians of the person of the party so under age lawfully appointed, or one of them, and in case there shall be no such guardian or guardians, then of the mother, (if living and unmarried,) or if there shall be no mother living and unmarried, then of a guardian or guardians (1) Stat. 3 Geo. 4, c. 75, 88. 8-26, have been repealed, but it has been considered ■dvnable to print such sections. Vide Stat. 4 Geo. 4, cc. 17 & 76; Stat. 5 Geo. 4, c. 32 and Stat. 11 Geo. 4 & 1 Gul. 4, c. 18. STATUTA GEORGII IV. A.D. 1820-1830. 120V of the person appointed by the court of Chancery, shall be absolutely null and void to all intents and purposes whatsoever ; and whereas great evils and injustice have arisen from such provisions ; for remedy hereof, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that so much of the said statute as is hereinbefore recited, as far as the same relates to any marriage to be hereafter solemnized, shall be and the same is hereby repealed. " II. And be it further enacted, that in all cases of marriage had and solem- nized by licence before the passing of this act (I), without any such consent (2) as is required by so much of the said statute as is hereinbefore recited, and where the parties shall have continued to live together as husband and wife (3) till the death of one of them, or till the passing of this act, or shall only have discontinued their cohabitation for the purpose or during the pending of any proceedings touching the validity of such marriage, such marriage, if not otherwise invalid shall be deemed to be good and valid (5) to all intents and purposes whatsoever. " III. Provided always, and be it enacted, that nothing in this act contained (1) Before the passing of this act: — The retrospective operation of Stat. 3 Geo. 4, c. 75, is not repealed by Stat. 4 Geo. 4, c. 76. Rose v. Blakemore, R. & M. 382. (2) Consent:— In Duins v. Donovan, (3 Hagg. 305,) Dr. Lushington observed : "The 3rd Geo. 4, c. 75, s. 2, (pleaded in the libel,) generally and practically speaking, may be said to render valid, with certain exceptions, all marriages of minors pre- viously solemnized by licence without the consent of the parent or guardian, thus far restoring the general law as to the validity of such marriages, which the former act de- clared absolute nullities." (3) Continued to live together as husband and wife:— To have constituted a living to- gether of persons as man and wife, under a marriage, whilst minors, without consent, &c. within Stat. 3 Geo. 4, c. 75, s. 2, so as to give the marriage legal effect, notwith- standing the provisions of the statute, the parties must either have cohabited till the death of one of them, or be separated by deed recognising their character as husband and wife, or a separate maintenance must have been allowed to the wife as such. In King v. Sansom, (3 Add. 277,) a mar- riage by licence which was null and void, by reason of minority, and want of legal con- sent, under Stat. 26 Geo. 2, c. 33, was held to be rendered a good and valid marriage by the retrospective operation of Stat. 3 Geo. 4, c. 75, it being held, that the par- ties, though not actually cohabiting up to the time of the passing of Stat. 3 Geo. 4, c. 75, did still "continue to live together as husband and wife," in legal construction, within its true intent and meaning, up to that time, sufficiently to render the retro- spective provisions of Stat. 3 Geo. 4, c. 75, applicable to such their marriage. But in Poole v. Poole, (2 C. & J. 66,) where it appeared that, in February, 1816, a marriage took place between two minors, by licence, without consent ; that they cohabited until June, 1816, when, from the miscon- duct of the husband, he was obliged to leave the house where they had been residing ; that they then lived separate until October, 1817, when the husband died; that, after the separation in June, 1816, he, on various occasions, insisted that she was not his law- ful wife, and gave that as a reason for not living with her again ; but there was some slight evidence of small sums supplied to the wife, being allowed in the rent of a farm held under the husband, but under what cir- cumstances did not appear : — it was held, that these parties did not live together as man and wife, until the death of the hus- band, within the meaning of Stat. 3 Geo. 4, c. 75, s. 2. In Bridgwater x. Crutchley, (1 Add. 473,) a marriage by licence was deemed null and void, under Stat. 26 Geo. 2, c. 33, by reason of minority and want of legal consent, and not to be cured by Stat. 3 Geo. 4, c. 75, s. 2, there not having been a subsequent coha- bitation. (4) If not otherwise invalid: — Stat. 3 Geo. 4, c. 75, did not render good and vahd marriages had by banns, prior to the passing of that act, such marriages being in them- selves null and void by reason of undue pub- lication of banns; but only such as, being had by licence prior to that period, were, in themselves, null and void by reason of mi- nority and want of legal consent. A mar- riage, therefore, prior to the 1st of Septem- ber, 1822, had in virtue of banns unduly published, is still a nullity ; and must be so pronounced, upon proof made, in a suit in- stituted for that purpose. Thus, in Stayte v. Farquharson, (3 Add. 282,) a marriage had in virtue of false banns, (the wife, de facto, personating, at the time of the marriage, the female as for whose marriage with the husband, de facto, the banns had been published,) was pronounced null and void under Stat. 26 Geo. 2, c. 33, a statute still in force, as to the particular marriage under Stat. 3 Geo. 4, c. 75, and Stat. 4 Geo. 4, c. 76. (5) Good and valid: — A marriage which would have been void by Stat. 26 Geo. 2, c. 33, and had once been rendered valid by Stat. 3 Geo. 4, c. 75, s. 2, could not, subse- quently, be rendered invalid by the marriage of either of the parties, during the life of the other, with a third person. Rex v. St. John Delpike, 2 B. & Ad. 226. Stat. 3 Geo. 4, c. 75. Certain parts of 26 Geo. 2, relating to con- sent, repealed. Marriages solemnized by licence without consent, as re- quired by re- cited act, &c. if not otherwise invalid, shall be deemed good. Act not to render valid 1208 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 75. any marriage declared invalid by any court competent. This act not to render any mar- riage valid, the invalidity of which has been established on trial. Not to render valid any mar- riage, the vali- dity of which, or the legiti- macy of chil- dren, has been brought into question, &c. Property or title of honour on the ground of invalidity of marriage not affected by this act. Not to affect anything done under the authority of any court, &c. No licence to be granted till oath be made to the effect herein men- tioned. shall extend or be construed to extend to render valid any marriage declared invalid by any court of competent jurisdiction, before the passing of this act, nor any marriage where either of the parties shall at any time afterwards, during the life of the other party, have lawfully intermarried with any other person. " IV. Provided also, that nothing in this act contained shall be taken or deemed to render any marriage valid, the invalidity of which has been esta- blished before the passing of this act, upon the trial of any issue touching its validity, or touching the legitimacy of any person alleged to be the descendant of the parties to such marriage. " V. Provided also, that nothing in this act contained shall be taken or deemed to render valid any marriage, the validity of which, or the legitimacy of any person alleged to be the lawful descendant of the parties married has been duly brought into question in proceedings in any causes or suits in law or equity in which judgments or decrees, or orders of court, have been pronounced (1) or made, before the passing of this act, in consequence of or from the effect of proof in evidence having been made in such causes or suits of the invalidity of such marriage, or the illegitimacy of such descendant. " VI. Provided further, and be it further enacted, that if at any time before the passing of this act any property, real or personal, has been in any manner possessed, or any title of honour has been in any manner enjoyed by any person or persons whomsoever, upon the ground, or upon the pretence, or under colour of the invalidity of any marriage, by reason that it was had and solemnized with- out such consent as aforesaid, then and in such case, although no sentence or judgment has been pronounced in any court against the validity of such mar- riage, the right and interest in such property or title of honour shall in no man- ner be affected or prejudiced by this act, or anything herein contained, but shall remain and be the same to all persons, and to all intents and purposes, as if this act had never been made. " VII. Provided always, and be it enacted, that nothing in this act contained shall extend or be construed to extend to affect or call in question any act done before the passing of this act under the authority of any court, or in the adminis- tration of any personal estate or effects, or the execution of any will or testament, or the performance of any trust. " VIII. And be it further enacted, that no licence for any marriage shall, from and after the first day of September in the year of our Lord one thousand eight hundred and twenty-two, be granted by any person having authority to grant the same, until oath shall have been made by the persons and to the effect required by this act ; and if such licence shall be required for the marriage of parties, both or either of whom shall be alleged to be of the age of twenty-one years, such parties shall respectively make oath that they are respectively, and that each of them believes the other to be, of the full age of twenty-one years or upwards ; and if both parties shall be under the age of twenty-one years, but shall be alleged to be a widower and widow, then each of such parties shall make oath accordingly, as to himself and herself, and as to his and her belief with respect to the other party ; and if one of the parties shall be of the age of twenty-one years, but the other party shall be under that age, and a widower or widow, both parties shall make oath accordingly, as to himself and herself, and as to his and her belief with respect to the other party ; and if both or either of the parties shall be under the age of twenty-one years, not being a widower or widow, both of such parties shall make oath accordingly, as to himself and herself, and as to his and her belief with respect to the other party ; and in such case both parties shall also make oath that the person or persons whose consent shall be required by law to the marriage of such parties has been given, and has been signified in the manner required by this act ; (1) Judgments or decrees, or orders of court, have been pronounced: — An appeal only suspends the sentence appealed from, and does not render it a nullity. Hence, the Stat. 3 Geo. 4, c. 75, which passed after a sentence of the Consistory court of London pronouncing a marriage null and void by reason of minority and want of consent under Stat. 26 Geo. 2, c. 33, though pending an appeal from that sentence, was held, in no degree, to affect the question of such mar- riage. Blyth v. Blyth, 1 Add. 312. STATUTA GEORGII IV. A.D. 1820-1830. 1209 and if both or either of the parties shall be alleged to be of the age of twenty-one years, such licence shall not be granted until there shall be produced, to the person from whom such licence shall be required, an extract or extracts from the register of the baptism of such parties or party so alleged to be of the age of twenty-one years, if such register shall be in England, and can be found ; and each of such extracts shall be proved upon oath, by some other person or persons, to be a true extract from such register, and to relate to the baptism of the party to whom the same shall be alleged to relate, or according to the belief of the person making such oath ; but if such register shall not be in England, or cannot be found, then such licence shall not be granted unless such fact shall be proved upon oath to the satis- faction of the person from whom such licence shall be sought, and unless some person or persons, having knowledge of the party or parties so alleged to be of the full age of twenty-one years, shall make oath of the fact that such party or parties is or are of that age to the knowledge or belief of such person or persons so making oath as aforesaid, stating the grounds for such knowledge or belief ; and in all cases except cases of special licences to be granted by the Archbishop of Canterbury and his officers, according to the proviso for that purpose in the said act of the twenty- sixth year of King George the Second, oath shall also be made, by each of the par- ties for wrhose marriage a licence shall be sought, of the residence of such parties for the space of four weeks immediately before the granting of such licence, accord- ing to the said act of twenty-sixth year of King George the Second. " IX. And be it further enacted, that from and after the said first day of Sep- tember, the consent of any person or persons whose consent shall be required by law to the marriage of any person under the age of twenty-one years, not being a widower or widow, shall be signified in writing, signed by such person or persons, and the signature thereto shall be attested by two or more witnesses, who shall subscribe their names to an attestation of such signature ; and such consent shall fully describe the person or persons giving such consent, and shall state whether such person or persons shall be authorized to give such consent as lawful parent or as lawful guardian or guardians of the party to whose marriage such consent shall be given ; and no licence shall be granted, from and after the said first day of Sep- tember, for the marriage of any person under the age of twenty-one years, not being a widower or widow, unless such consent in writing shall be delivered to the per- son from whom such licence shall be sought, and unless one of the witnesses to the signing of such consent shall make oath that he or she saw such consent signed by the person or persons who shall appear to have signed the same, and also saw the other witness to the attestation of such signature sign such attestation, and that the names of such persons so subscribed to such consent, and attesting the sig- nature thereof, are of the proper handwriting of such persons respectively ; and some person, not being one of the parties for whose marriage such licence shall be sought, shall also make oath that the person or persons, who shall have signed such consent as lawful parent or lawful guardian or guardians of the party to whose marriage such consent shall be required, is or are, to the best of his or her know- ledge and belief, the lawful parent or lawful guardian or guardians of such party, and has or have authority to give such consent, and that the person making such oath well knows such parent or guardian or guardians, and also the party to whose marriage such consent shall be required. " X. And be it further enacted, that all such oaths as are required by this act for the purpose of obtaining any licence shall be respectively sworn and taken before a surrogate of the person from whom any such licence as aforesaid shall be sought, or before a surrogate of some other person having power to grant licences of mar- riage ; and if any person or persons in any oath to be made and taken in pursuance of this act, for the purpose of obtaining any licence of marriage, shall knowingly and wilfully swear any matter or thing which shall be false or untrue, every person so offending shall, on conviction thereof, be deemed guilty of perjury, and shall suffer the like pains and penalties, and incur the same disabilities, as persons guilty of wilful and corrupt perjury are subject to and incur ; and if any person shall knowingly and wilfully obtain any licence for the marriage of such person, or of Stat. 3 Geo 4, c. 75. Consent of parents or guardians shall be given in writing, signed in the presence of two wit- nesses, &c. Oaths ti be taken before a surrogate. Punishment for false swear- ing, or obtain- ing licence on false oath, &c. 1210 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 75. Oaths to be preserved by the proper officer. Licences shall state the facts on which granted. Officer grant- ing licences, not duly ob- serving the provisions of this act, guilty of a misde- meanor. With whom the power of granting licences lies. Marriage by licence not to be impeached on the ground of informality. Before publi- cation of banns, affidavit as to any other person, by means of any false oath, or by means of any false instrument in writing, contrary to the provisions of this act, knowing such oath or instrument to be false, such person being thereof convicted by due course of law, shall be deemed guilty of felony, and shall be liable to transportation for life as a felon ; and if the person convicted of such offence shall be one of the persons who shall have con- tracted marriage by means of such licence, such person shall forfeit and lose to the king's majesty all estate, right, title, interest, benefit, profit, and advantage which such person may derive from or he entitled to by virtue of such marriage, and such forfeiture shall and may be disposed of in such manner as to his majesty shall seem fit ; any grant of forfeitures or other matter or thing to the contrary notwithstanding. " XI. And be it further enacted, that all and every the oaths and instruments required by this act for the purpose of obtaining any such licence as aforesaid shall be duly preserved by the proper officer or officers of the person authorized by law to grant such licence, and shall for that purpose be transmitted, by the officer from whom any such licence shall be obtained, to the registrar of the diocese within which such licence shall be granted, within ten days after such licence shall have been granted, together with a copy of the licence so granted, and shall be there filed and preserved ; and the registrar of such diocese shall cause an entry to be made of such licence, and of the several instruments on faith whereof such Keener shall have been granted, in a calendar to be kept for such purpose, so that the copy of such licence, and such several instruments on faith whereof such licence shall have been granted, may be easily found and resorted to ; and all persons shall be at liberty to inspect such calendar and such copy of licence, and all such other instruments as aforesaid, at all seasonable times. " XII. And be it further enacted, that in every licence for the solemniza- tion of any marriage which shall be granted after the said first day of Septem- ber, the facts on which such licence shall have been founded shall be stated, and it shall also he stated that such facts have been fully proved as required by this act. " XIII. And be it further enacted, that if any officer of any person author- ized by law to grant any such licence shall not duly observe all the provisions contained in this act respecting such licence, such officer shall be deemed guilty of a misdemeanor, and, being thereof duly convicted, shall suffer all the penal- ties and punishment which may be inflicted by law on a person guilty of a misdemeanor. " XIV. And be it further enacted, that no person shall, from and after the passing of this act, be deemed authorized by law to grant any licence for the solemnization of any marriage, except the Archbishops of Canterbury and York, according to the rights now vested in them respectively, and except the several other bishops within their respective dioceses, for the marriage of persons one of whom shall he resident at the time within the diocese of the bishop in whose name such licence shall be granted, such residence to be proved in manner hereinbefore directed ; and such archbishops and bishops shall make such orders and regulations for the observance of their respective officers within their respective jurisdictions, as they shall deem necessary for the more effectual performance of the duties of their several officers within the true intent and meaning of this act ; and if any such officer shall not duly observe all such orders and regulations, such officer shall be deemed guilty of a misdemeanor, and, being thereof duly convicted, shall be subject to punishment as guilty of a misdemeanor. " XV. Provided al ways, and be it further enacted, that after the solemnization of any marriage by licence it shall not be lawful to impeach or invalidate any such marriage, on the ground that any of the forms necessary to entitle parties to receive a licence as hereinbefore enacted have been neglected, or have been executed in a manner different from what is hereinbefore required. " XVI. And be it further enacted, that before the publication of banns of matrimony in any church or chapel, pursuant to the provisions for that purpose in the said act of the twenty-sixth year of the reign of his said late majesty STATUTA GEORGII IV. A.D. 1820—1830. 1211 King George the Second, there shall be delivered to the proper minister of the said church or chapel an affidavit or affidavits in writing, sworn before such minister or one of his majesty's justices of the peace, by the parties for whose marriage such banns shall be required to be published, stating truly the christian and surnames of such parties respectively, and the house or houses of their respec- tive abode within such parish or chapelry, or within an extra-parochial place adjoining to such parish or chapelry, if both shall abide therein, or of one of such parties if one only shall abide therein, and the time during which such parties respectively, or one of them, if one only shall abide therein, shall have dwelt in such house or houses, as occupier or occupiers thereof, or as lodger or lodgers therein ; and such affidavit or affidavits shall also state, either that both the parties for whose marriage such banns shall be required to be published have attained the age of twenty-one years, or if both of them shall be under such age then such affidavit shall state that both of them are under such age, and if one of them only shall be under such age then such affidavit shall state that such party is under such age ; and such affidavit or affidavits shall be delivered to such minister before the publication of such banns ; and in case any person shall in any such affidavit wilfully swear falsely in any matter contained therein, such person shall be deemed guilty of wilful and corrupt perjury, and, being thereof convicted by due course of law, shall suffer the pains and penalties of wilful and corrupt perjury, and shall forfeit and lose to the king's majesty ail estate, benefit, profit, and advantage, which such person shall derive from the mar- riage of such person, in consequence of the publication of banns of matrimony in pursuance of such affidavit, to be disposed of by his majesty as he shall see fit ; any grant of forfeitures or other matter or thing to the contrary notwithstanding. " XVII. And be it further enacted, that such banns shall not be published until the true Christian and surnames of the said persons, and the house or houses of their respective abodes within such parish or chapelry, or extra-parochial place as aforesaid, as stated in such affidavit, shall be affixed on the principal door of the church or chapel, and in some conspicuous place within the said church or chapel, in which such banns shall be published as aforesaid, and shall remain so affixed until the expiration of the three Sundays on which such banns shall be pub- lished. " XVIII. And be it further enacted, that every minister to whom any such affidavit shall be delivered, for the purpose of obtaining the publication of banns of matrimony, shall deliver such affidavit to the churchwarden or chapelwarden of the church or chapel in which such banns shall be published, and the same shall be deposited by such churchwarden or chapelwarden in a chest to be provided for that purpose, and kept in the church or chapel in which such banns shall be published. " XIX. Provided always, and be it further enacted, that after the solemniza- tion of any marriage, under a publication of banns, it shall not be necessary, in sup- port of such marriage, to give any proof of any such affidavit, nor shall any evidence be received to prove that such affidavit was not made and delivered as required by this act, in any suit touching the validity of such marriage ; nor shall such mar- riage be avoided for want of or by reason of any defect in any such affidavit, or on account of the true name or names of either party not being used in the publica- tion of such banns, or for such name or names not having been affixed as aforesaid ; but it shall be lawful in support of such marriage to give evidence that the persons who were actually married by the names specified in such publication of banns were so married, and such marriage shall be deemed good and valid to all intents and purposes, notwithstanding false names or a false name, assumed by both or either of the said parties in the publication of such banns, or at the time of the solemnization of such marriage. " XX. And be it further enacted, that whenever a marriage shall not be had within three months after the complete publication of banns, no minister shall pro- ceed to the solemnization of the same until the banns shall have been republished on three several Sundays, in the form and manner prescribed in this act, and in the Stat. 3 Geo. 4, c. 75. residence, &c. shall be deli- vered to the minister. Before publica- tion, banns shall be affixed on the principal door of the church. Affidavits to be delivered over to the church- wardens. After solemni- zation of mar- riage under banns, proof of affidavit having been made not ne- cessary in support of marriage, nor shall false names, &c. invalidate the marriage. Republication of banns neces- sary, if mar- riage be not solemnized within three months. 1212 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4, c. 75. Commence- ment of the act. If marriages by licence be not solemnized within three months, new licences to be obtained. Not to extend to the royal family. Not to extend to marriages among Quakers or Jews. Act to be read in churches, &c. at certain times. Act to extend only to Eng- land. said recited, act of the twenty-sixth of George the Second, or by licence duly obtained according to the provisions of this act. " XXI. And be it further enacted, that all and every the clauses and provisions in this act, touching the publication of banns of matrimony, and touching mar- riages solemnized by such banns, shall commence and have effect on and after the first day of September, one thousand eight hundred and twenty-two, and not before. " XXII. And be it also enacted, that whenever a marriage shall not be had within three months after the grant of a licence by any archbishop, bishop, or any ordinary or person having authority to grant such licence, no minister shall pro- ceed to the solemnization of marriage until a new licence shall have been obtained, or by banns duly published according to the provisions of this act. " XXIII. Provided always, that nothing in this act contained shall extend to the marriage of any of the royal family. " XXIV. Provided likewise, that nothing in this act contained shall extend to any marriages amongst the people called Quakers, or amongst the people professing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the Jewish religion respectively, nor to any marriages solemnized beyond the seas. " XXV. And be it further enacted, that this act shall be publicly read in all churches and public chapels, by the parson, vicar, minister, or curate, of the respective parishes or chapelries, on some Sunday immediately after Morning Prayer, or immediately after Evening Prayer, if there shall be no morning service on that day, in each of the months of October, November, and December, in the year of our Lord one thousand eight hundred and twenty-two ; and at the same times on three several Sundays in the year one thousand eight hundred and twenty- three, that is to say, the Sundays next before the twenty-fifth day of March, twenty-fourth day of June, and twenty-ninth day of September. " XXVI. And be it further enacted, that this act shall extend only to that part of the kino-dom called England." Stat. 3 Geo. 3, c. 79. [Ir.] XLIV. Stat. 3 Georgii 4, c. 79. [Ireland.] A.D. 1822. 'An Act to amend an Act of the fifty-third year of the Reign of His late Majesty, for the Appointment of Commissioners for the Regulation of the several Endowed Schools in Ireland" Stat. 3 Geo. 4, cap. cvi. Bakers baking bread or rolls on the Lord's day, or selling bread, or baking bread, pies, &c. ex- cept between certain hours. XLV. Stat. 3 Georgii 4, cap. cvi. A.D. 1822. "An Act to repeal the Acts now in force relating to Bread to be sold in the City of London, and the Liberties thereof and within the Weekly Bills of Mortality, and ten miles of the Royal Exchange ; and to provide other Regulations for the making and sale of Bread, and preventing the Adulteration of Meal, Flour, and Bread, within the Limits aforesaid." " XVI. Provided always, and be it further enacted, that no master, mistress, journeyman, or other person respectively, exercised or employed in the trade or calling of a baker, within the limits aforesaid, shall, on the Lord's day, or on any part thereof, make or bake any bread, rolls, or cakes of any sort or kind ; or shall, on any other part of the said day than between the hours of nine of the clock in the forenoon and one of the clock in the afternoon, on any pretence whatsoever, sell or expose to sale, or permit or suffer to be sold or exposed to sale, any bread, rolls, or cakes, of any sort or kind; or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, except as hereinafter is excepted, or in any other manner exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking ; and every person offending against the last mentioned regulations, or any one or more of them, or making any sale or delivery hereby allowed otherwise than within the bakehouse or shop, and being STATUTA GEORGII IV. A.D. 1820—1830. 1213 thereof convicted before any justice of the peace of the city, county, or place Stat. 3 Geo. where the offence shall he committed, within six days from the commission 4, cap. cvi. thereof, either upon the view of such justice, or on confession by the party, or proof by one or more credible witness or witnesses upon oath or affirmation, shall for every such offence pay and undergo the forfeiture, penalty, and punishment Penalty. hereinafter mentioned; (that is to say,) for the first offence the penalty of ten First offence. shillings; for the second offence the penalty of twenty shillings; and for the third Second offence. and every subsequent offence respectively the penalty of forty shillings ; and shall Subsequent moreover, upon every such conviction, bear and pay the costs and expenses of the °ftence- prosecution, such costs and expenses to be assessed, settled, and ascertained by the justice convicting, and the amount thereof, together with such part of the penalty as such justice shall think proper to be allowed to the prosecutor or prosecutors for loss of time in instituting and following up the prosecution, at a rate not exceeding three shillings per diem, and to be paid to the prosecutor or prosecutors for his, her, and their own use and benefit, and the residue of such penalty to be paid to such justice, and within seven days after his receipt thereof, to be transmitted by him to the churchwardens or overseers of the parish or parishes where the offence shall be committed, to be applied for the benefit of the poor thereof ; and in case the whole amount of the penalty, and of the costs and expenses aforesaid, be not forthwith paid after conviction of the offender or offenders, such justice shall and may, by warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the goods and chattels of the offender or offenders ; and in default or insufficiency of such distress, commit the offender or offenders to the house of correction, on a first offence for the space of seven days, for a second offence for the space of fourteen days, and on a third or any subsequent offence, for the space of one month, unless the whole of the penalty, costs, and expenses, be sooner paid and discharged : provided nevertheless, that it shall be lawful for every Bakings may master or mistress baker, residing within the limits aforesaid, to deliver to his or be delivered her customers, on the Lord's day, any bakings, until half an hour past one of the ^ half-past clock in the afternoon of that day, without incurring or being liable to any of the °ne on Sun* penalties in this act contained." y ' XLVI. Stat. 3 Georgii 4, cap. cxiii. A.D. 1822. Stat 3 Geo '•An Act for the better Regulation of the Fund, called the Orphans' Fund." 4» CAP- cxiii. XLVII. Stat. 3 Georgii 4, c. 125 (1). [Ireland.] A.D. 1822. Stat 3 Geo "'An Act to enable Ecclesiastical Persons, and others in Ireland, to grant Leases 4>c-125. [Ir.] qf~Hthes, so as to bifid their Successors." " Whereas it is desirable to render the incomes of ecclesiastical persons in Ire- land more certain in their amount, and more easy of collection, and to avoid con- troversies respecting the same, and to encourage the industry and enterprise of farmers and occupiers of land ; and the permitting leases of tithes to be made by ecclesiastical persons for terms of years certain, and to be binding on their succes- sors, may have a tendency to produce the said good effects, and may, under proper restrictions, be just and expedient ; be it therefore enacted by the king's most excel- lent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present parliament assembled, and by the authority of Ecclesiastical the same, that from and after the first day of September one thousand eight hun- persons, &c. dred and twenty-two, it shall and may be lawful to and for all and every archbi- to demise and shops, bishops, deans, deans and chapters, archdeacons, prebendaries, or other dig- ^sons^ios nitaries ecclesiastical, and for all parsons, rectors, vicars, chapters, vicars choral, session of and all other ecclesiastical persons and bodies corporate, of whatsoever rank and lands out of description, in Ireland, and to and for every lay impropriator or person entitled to which such any impropriate tithes or portions of tithes, to demise and lease for any term of j^bjjj*11 be (1) Vide Stat. 3 & 4 Gul. 4, c. 37 ; Stat. 99; Stat. 1 & 2 Vict. c. 109; and Stat. 6 & 4 & 5 GuL 4, c. 90 ; Stat. 6 & 7 Gul. 4, c. 7 Vict. c. 57. 1214 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 3 Geo. 4,c.125. [Jr.] Lease shall be made by in- denture. The patron of a benefice to be a party consenting. Indenture and counterpart shall be signed and sealed, with descrip- tion and map of lands charge- able with tithes. Rent best annual value without fine. Consent of the ordinary to be indorsed before execu- tion, on all leases by deans or inferior dignitaries, or ecclesiastical corporations. A memorial of every such lease shall be registered with the registrar of the diocese. years, not exceeding twenty-one years, to any person or persons seised or possessed of the lands out of which such tithes shall be issuable respectively, having any freehold title or interest, or any interest for a certain term of years, in such lands, or to the person or persons having a reversionary interest of the like nature in such lands expectant on any term not exceeding seven years, or expectant on any free- hold interest not exceeding one life, or to such persons jointly, or to any person or persons having any freehold interest, or any interest for a certain term of years, vested and in possession jointly with any person or persons having a reversionary interest immediately expectant upon such interest vested and in possession, all and every or any tithes or portions of tithes, predial or mixed, payable or belonging to such ecclesiastical dignitaries, persons or bodies corporate respectively, by virtue and in right of their ecclesiastical dignities, preferments, or benefices respectively, or payable, to any such lay impropriator respectively, in manner and under the regulations, restrictions, and conditions hereafter specified and set forth ; any thing in any act or acts in force in Ireland to the contrary in anywise notwithstanding. " II. And be it further enacted, that every such lease or demise shall be made by indenture ; and that where such lease shall be made by the incumbent of any benefice, presentative or donative, the patron of such benefice, or the committee or guardian of the estate of such patron, and if such patron shall be a minor or lunatic, or the king's attorney-general if the king shall be the patron, shall be a party con- senting thereto, such consent to be signified before the execution of such indenture or the counterpart thereof, by indorsement on such indenture and counterpart subscribed by such patron, or by such committee, guardian, or attorney-general respectively, with the day and year on which such consent shall be signified ; and that every such indenture shall be signed and sealed by all the parties thereto, and that a counterpart of such indenture shall be signed and sealed in like manner ; and that in every such indenture and counterpart there shall be contained a full and sufficient description, by metes and bounds, of the lands subject to the tithes thereby demised, and a statement of the parish and county; and if in a county at large, then of the barony or half barony in which such, lands shall lie ; and to every such indenture and counterpart there shall be annexed a map or terre chart, or ground plan of the said lands so subject to the said tithes so demised ; and that the rent reserved and made payable in and by every such lease shall be made payable during the whole term of such lease, and shall be the best annual value of such tithes that can be had or gotten for the same at the time of making such lease, without fraud or covin, and without any fine, premium, or foregift being taken or received by or paid to the lessor of such tithes. " III. And be it further enacted, that every such lease which shall be made by any dean or other ecclesiastical dignitary, or parson or incumbent of lower rank, or by any ecclesiastical body corporate, shall be made with the consent and approbation of the ordinary of the diocese ; and that before the execution of such indenture of demise, or the counterpart thereof, the consent and approbation of the said ordinary shall be indorsed on such indenture and counterpart, and shall be subscribed by such ordinary with his name and the day and year on which such consent and approbation shall be signified. " IV. And be it further enacted, that a memorial of every such indenture of lease, with such map or terre chart or ground plan thereto annexed, shall be lodged in the registry of the diocese within which the lands out of which the tithes demised by such lease shall be issuable, shall lie and be situate, within six calendar months next after the date and execution of such lease ; and that such memorial shall be written upon vellum or parchment, and directed to the registrar of such diocese, and shall be under the hand and seal or hands and seals of some one or more of the parties to such indenture of lease, and shall be attested by one of the witnesses to such indenture of lease, and such witness shall, by affidavit at the foot of such memorial, made before the said registrar, (who is hereby empowered and required to administer the same,) prove the signing and sealing of such memorial, and the execution of such indenture and counterpart, by one at least of the parties thereto respectively, and also the signature of the patron and STATUTA GEORGII IV. A.D. 1820—1830. 1215 ordinary respectively indorsed on such indenture and counterpart, in all cases where such indorsements or either of them shall be necessary under this act ; and such indenture and counterpart shall be produced, together with such memorial, to such registrar, who shall thereupon certify on the back of such indenture and counterpart the registration thereof, and the day whereon the same shall be so registered, and shall make an entry of such memorial in a book to be kept for that purpose, with a sufficient index for the purpose of reference, and shall deposit the said memorial amongst the archives of such diocese ; and every such registrar shall be entitled to receive a fee of two shillings and sixpence and no more, for or in respect of such registration ; and every person shall be entitled to inspect such registry, and to have a copy of any such entry, or of any such memorial, on paying for the same respectively a sum of two shillings and sixpence and no more ; and such indorsement of registry upon such indenture and counterpart as aforesaid, shall to all intents and purposes be good and sufficient evidence of the registration thereof, according to the terms of such indorsement. " V. And be it further enacted, that no such lease or leases, or counterpart or counterparts, or memorial or memorials, shall be liable or subject to the payment of any duty in respect of any stamp or stamps thereon ; nor shall any stamp or stamps be required to be imposed thereupon ; any act or acts to the contrary not- withstanding. " VI. And be it further enacted, that from and after such registry, every such lease so registered shall be good, valid, and effectual during the continuance of such lease, not only against the parties thereto, for and during the continuance of the interest of such parties in the said lands, but also against all persons claiming under them, and the successor or successors of all such ecclesiastical dignitaries and persons and bodies corporate respectively, on the one part ; and on the other part, against all and every person or persons who shall succeed to the ownership or pos- session, or be or become occupiers or proprietors of the lands out of which such tithes shall be payable, either by assignment or other title from or under the original lessee of such tithes, or by reason or means of any forfeiture or breach of any covenant or condition for payment of rent or otherwise ; and such lease shall, from and after such registry thereof, be deemed and taken to be, and to amount in law and in fact, to a suspension of the right of claiming or taking the tithes thereby demised, or of any payment in respect of the same, other than the rent reserved in such lease, for and during the continuance of such lease ; and the occupier or occupiers of such land, and every part thereof, shall from time to time, during the continuance of such lease, hold such land freed and discharged of and from all tithes, and of and from all payment in respect of tithes, other than the rent reserved in and by such lease, if made to the occupier of such lands at the time of the execution of such lease, except in cases hereinafter specially provided for. " VII. Provided always, and be it enacted, that if any spiritual dignitary or person, or body corporate, who shall make any lease of tithes under this act, shall receive or take any fine, foregift, grant, or compensation, or any sum of money or consideration whatever, other than the rent reserved by such lease pursuant to this act, then and in such case such lease shall be absolutely void and of no effect ; anything in the said lease or demise to the contrary in anywise notwithstanding. " VIII. Provided also, and be it enacted, that no lease of tithes which shall be made to any tenant for years of any land out of which such tithes shall be issuable, shall be valid or effectual beyond the term of years for which such tenant or his assigns shall hold such land under or by virtue of a lease of such land in existence at the time of the making the lease of such tithes, or of some renewal of such lease of such land ; and that no lease of tithes which shall be made to any tenant or occupier of any land out of which such tithes shall be issuable, at any time after any declaration in an action of ejectment at the suit of the landlord of such tenant shall have been duly served upon such tenant, shall be valid or effectual after final judgment against such tenant in such action of ejectment ; but in such cases, or either of them, every such lease of tithes shall become and be deemed to be expired Stat. 3 Geo. 4,c.125. [Ir.] Fee for regis- try, 2s. 6d. Fee for inspec- tion of copy, 2s. 6d. Leases to be free from stamp duty. Lease valid during the whole term demised, against the lessors and their succes- sors, &c. and against as- signees of lessees, and all future occu- piers. Such lease shall suspend the right of taking tithes, or any pay- ment for tithes, except the rent reserved. Where fine is taken, lease shall be void. Lease of tithes made to tenant for years shall not be valid beyond the in- terest of the tenant, or his assignee. Lease of tithes made to tenant after declara- tion in eject- ment, shall be determined by judgment against tenant. 1216 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 3 Geo. 4,c.125.[1r.] Rent shall be a charge on the land, and leviable by the collector of grand jury cess, or other person ap- pointed, with like remedy as grand jury cess. Lessors may sue or distrain for rent, as in case of land. Owner of land, the tithes of which are leased to him, shall let such land tithe-free, and the occu- pier paying the tithe may deduct it out of his rent ; but such de- duction shall not be a dis- charge to pre- vent ejectment for nonpay- ment, if any part remains unpaid to the landlord. and determined; anything in this act contained to the contrary in anywise not- withstanding. " IX. And be it further enacted, that the amount of the rent reserved in and by every such lease of tithes, and all arrears thereof from time to time, not exceed- ing the amount of one whole year's such rent, shall be a charge on the lands speci- fied in such lease during the continuance of such lease ; and that it shall be lawful for the lessor in every such lease to levy the amount of such rent, or to cause the same to be levied on and from such lands, in preference to any other charge thereon, whether for rent of the said lands, or for any taxes or assessments, parlia- mentary or other ; and it shall and may he lawful for such lessor to appoint the collector of the grand jury cess for the barony in which such lands shall be situate, or any other person or persons, to collect and levy such rents so reserved in and by any such lease of tithes, from time to time as the same shall come due ; and every such collector or other person or persons so appointed shall collect and levy, and is and are hereby authorized, empowered, and required to collect and levy, all and every sum and sums of money which shall become due from time to time in respect of such rent, with the like powers and authorities, and in like manner, to all intents and purposes, as the collectors of grand jury cess are empowered to levy any money under the presentment of a grand jury, and under the warrant of the treasurer of the county, and with all the like remedies in case of nonpayment thereof, or of any part thereof, as are prescribed by law with respect to any money to he levied under any presentment of a grand jury ; and such money, when so levied, shall be paid over to the lessor or his successors, who shall be entitled to the same under such lease, deducting only such reasonable charges as shall be agreed between such lessor or his successors, and such collector or other person appointed to collect and levy such rent, to be paid for the collecting and levying the same. " X. Provided always, and be it en cted, that the lessors of all such tithes as shall be demised or leased under this act, shall and may have such remedies by suit at law, against the lessees in such lease, and their heirs, executors, administrators, and assigns respectively, as the lessors of any land may have against their lessees ; and that it shall and may be lawful for the lessors of such tithes to distrain on the lands out of which such tithes shall be issuable, or any part thereof, for such arrears of rent as shall at any time remain due and unsatisfied, not exceeding the amount of one year's rent ; and such distress shall be subject to all such rules, regulations, and provisions, as distre ses for the rent of land under any act or acts, or law or laws, in force in Ireland, relating to such distresses. " XI. And be it further enacted, that whenever, under the provisions of this act, any tithes shall be demised to any person having a freehold or leasehold interest in the land out of which such tithes shall be issuable, and such person shall afterwards let, set, or demise such land, or any part thereof, to any other person or persons, such lease or demise of such land shall be made free from the payment of tithes during the continuance of the lease of such tithes ; and in such case it shall and may be lawful for the lessee or occupier of such land to pay the amount of the rent of such tithes as shall be due from time to time to the lessor of such tithes, or to the person employed to collect the rent of such tithes, and it shall be lawful for such lessee or occupier of such land to deduct the amount of all such payments from time to time out of the amount of rent payable by such lessee or occupier of such land to his immediate landlord, and the receipt or acquittance of such lessor of such tithes, or of such collector, shall be a good and sufficient discharge to the lessee or occupier of such land for so much of the rent payable by such lessee or occupier to such landlord, as the sum specified in such receipt shall amonnt unto ; and every such landlord shall accept such receipt in payment of so much of the rent payable by the lessee or occupier to him : pro- vided nevertheless, that such deduction shall not be held to be a discharge of any portion of any gale or quarterly or other payment of rent, due by such lessee or occupier of such land, so as to prejudice the right of such landlord to recover the possession of such land by ejectment for nonpayment of the rent thereof, in any case where the remaining portion of such gale shall be unpaid, but that it shall and STATUTA GEORGII IV. A.D. 1820— 1880. 1217 may be lawful for such landlord to proceed for the recovery of such land by eject- Stat. 3 Geo. rnent, as effectually as if the entire gale of rent, out of which such deduction is 4,c.l25. [Ir.] hereby allowed, had remained wholly due and unpaid to such landlord. " XII. Provided always, and be it enacted, that whenever any agreement for Owner of land a lease or demise of tithes shall be entered into between any person or persons having agreed beneficially interested in such land as aforesaid, out of which such tithes shall be JjjjJjj^JJ^J issuable, not being the actual occupier of such land, and any ecclesiastical person givg notice to or body corporate or impropriator hereinbefore mentioned, pursuant to the provi- occupier, not sions hereinbefore mentioned, it shall and may be lawful for such person or persons having more so beneficially interested in such land to serve or cause to be served, a notice in than f seven writing personally on the occupier or occupiers of such land, or any part thereof, for ^e life' °T having an interest therein for any term not exceeding seven years, or for one life 0nlv, to be a only, requiring such occupier or occupiers to become a party or parties to such party to such lease or demise, and such notice so served shall contain the particulars of such ^e*se;f and lease or demise with respect to the lands out of which such tithes shall be issuable, ov^ner Deintr and the rent reserved for the tithes thereof, and shall specify the place where such lessee, may person or persons so beneficially interested reside, or at which the answer to recover the such notice shall be required to be given ; and in case such occupier or occupiers t^aes against shall not, within th-3 space of fourteen days next after being served with such SU° occuPier- notice, signify his, her, or their consent in writing to become party to such lease or demise, and cause the same to be duly served at the place specified for that pur- pose in the notice from the person or persons so beneficially interested in such land, or if such occupier or occupiers after signifying such consent shall refuse to become party or parties to such lease or demise, or shall refuse to sign the counter- part of such lease on being required so to do, and the same being tendered for such purpose, it shall and may be lawful for the person or persons so beneficially inte- rested in such land, having duly executed the counterpart of such lease of the tithes issuing out of such land, pursuant to the provisions of this act, and his or their heirs, executors, administrators, or assigns, having paid the rent reserved by such lease, at all times during the continuance of such lease, and of the interest of such occupier or occupiers aforesaid, to have, use, and exercise all such rights and powers for the recovery of the tithes issuing out of the lands holden by any such occupier or occupiers, during the period for which such rents shall have been paid, as the owner of such tithes had for the same previous to the making of any such lease of such tithes ; and such person or persons so beneficially interested in such land shall and may sue for, levy, and recover such tithes accordingly, to all intents and purposes, as if no such lease had been made ; any thing in this act contained to the contrary in anywise notwithstanding. " XIII. Provided always, that in every such case the person so beneficially Persons bene- interested in such land shall, from the time of his executing the counterpart of ficially inte- such lease as aforesaid, be answerable for the rent reserved in and by such lease, as rested on exe- fully, to all intents and purposes, as if he were in the actual occupation of the tef ^rtonea^e lands out of which such tithes shall be issuable. an^verable^ "XIV. Provided also, and be it enacted, that whenever any tithes shall be rent, demised to any person beneficially interested in the land out of which such tithes Occupier not shall be issuable, not being the actual occupier of such land, the occupier or occu- Jj^^ J^8™ piers of such land, or of any part thereof, shall not in any case be liable to the rent of tithe payment of the rent, or any part of the rent of such tithes, to the lessor of such beyond the tithes, nor to any distress for the same, beyond the amount of the rent payable by amount of rent such occupier or occupiers respectively, for the land actually holden by such occu- paid f°r^d pier or occupiers ; and that no occupier or occupiers of land shall be liable to any hTmTnor to person beneficially interested in such land, and being lessee of such tithes, for the lessee for tithes payment of the tithes of any lands not actually holden by such occupier ; anything of an7 land not contained in this act, or in any lease or demise of such tithes, or any law, usage, or held by such custom to the contrary in anywise notwithstanding. occupier. " XV. And be it further enacted, that the possession and enjoyment of the The possession lands out of which such tithes shall be issuable by the occupier of such lands, dis- of the land by charged from the payment of such tithes, for the continuance of the lease of such the occupier 4 I 1218 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 3 Geo. 4,c.125. [In.] under such lease discharg- ed of tithes ; or the receipt of tithes by his landlord, shall be deemed the possession of the tithes by the lessor. Lessee of tithes having a new term in the lands, may re- new the lease of tithes within the last three years previous to its determi- nation. Not to autho- rize renewals, except within the last three years of the term originally demised. Form of lease of tithes. tithes, or the receipt of such tithes by the landlord of such occupier in the case hereinbefore provided for, during any part of the term of the lease of such tithes, shall be deemed and taken to be, in law and in fact, tantamount to and to be the actual possession and enjoyment of such tithes by the lessor or lessors of such tithes, and of his or their successor or successors, and shall and may be so alleged and insisted upon in all and every or any proceedings and proceeding in law and equity, in all cases whatsoever. " XVI. And be it further enacted, that if at any time during the three years next preceding the end, by effluxion of time, of the term demised by any lease or demise of tithes to be made under the regulations of this act, the lessee or lessees of such tithes under such lease, or the executors, administrators, or assigns of such lessee or lessees, shall be or become possessed of an interest in such lands, which may continue longer than the term remaining in the lease of such tithes, whether such longer term or interest in such lands shall be a part of the original interest of such lessee, or shall be held or obtained by virtue of any new lease or otherwise, and such lessee or lessees of such tithes shall be disposed to obtain a renewal or new lease of such tithes, then and in any such case it shall and may be lawful to and for the parties interested in such lease of tithes respectively, to grant and receive a renewal or new lease of such tithes, either alone or together with any other tithe or tithes, in like manner and under all such and the same restrictions, qualifications, conditions, and requisites, as are hereinbefore required with respect to every such lease of tithes ; and every such new lease shall commence and take effect from the making thereof ; and when such new lease of such tithes shall be complete in all respects, and duly registered in manner required by this act, the same shall not be avoided or impeached by reason of the existence of such former lease, but from the registration of such new lease, the former lease shall cease and determine to all intents and purposes, except only as to the recovery of any rent then due under the same : provided always, that nothing herein contained shall extend or be construed to extend to authorize the surrender or renewal of any lease of tithes made under this act, at any time more than three years distant from the end of the term originally demised by any such lease ; and that any lease, made at any time more than three years distant from the end of such original term, by effluxion of time, shall be null and void to all intents and purposes whatsoever. " XVII. And to prevent doubts and disputes as to the form of the lease of such tithes, be it enacted, that every such lease shall be in the form here following, or in some other form of words of that or the like effect ; that is to say, " ' This indenture, made the day of between A. B. (the lessor of the tithes) of of the one part ; and C. D. [or, G. D. and E. F.~] (the person or persons beneficially interested in the land, as the case may be, to whom the said lease is to be made) of the other part : whereas the said C. D. [or, C. D. and E. F. as the case may be] is [or are] entitled to all that and those [here describe the lands] situate, lying, and being in the parish of [if any] barony of [if any] and county of for the term of years, or for and during the life [or lives] of [here set out the lessee's interest] : and whereas the said lands are subject to the payment of tithe, or, half or other por- tion of tithe, to the said A. B. and his successors [here set out in what right they are entitled to the said tithe, or half or other portion of the tithe] : and whereas the said A. B. (with the consent of G. H. patron, &c, and 7. K. ordinary, &c. (as the case may be) testified by indorsement on this present indenture) hath agreed to demise the said tithe, or, half or other portion of tithe of the said lands, according to the statute in such case made and provided, on the terms hereinafter contained : now this indenture witnesseth, that the said A. B., for and in consi- deration of the rents and covenants hereinafter contained, hath demised, granted, and set, and by these presents doth demise, grant, and set, all and every the said tithes, or, half or other portion of tithes, so payable to the said A. B. and his successors, out of the said lands and every part and parcel thereof, to have and to hold the same to the said C. D. [or, to the said 0. £>. and E. F. as the case may be,] or to his [or their] heirs, executors, administrators, and assigns, being occu- STATUTA GEORGII IV. A.D. 1820—1830. 1219 piers [or owners] of the said land, from the first day of May last past [or next Stat. 3 Geo. coming, as the case may be] for and during and unto the full end and term of 4, c. 125. [Ia.] years ; [adding, if the interest of such lessee shall be for a life or lives not renewable, these words, to wTit ; " provided the said life or lives or any of them (as the case may be) shall so long continue;"] and the said C. D. [or, C. D. and E. F. as the case may be] in consideration thereof, hath given and granted, and by these presents doth give and grant, unto the said A. B. and his successors, one yearly rent or sum of clear of all taxes, charges, assessments, and impositions whatsoever, to be issuing out of all that and those the lands and tene- ments aforesaid, to have and to hold the said yearly rent or sum of to the said A. B. and his successors from the first day of May aforesaid, for and during the continuance of the demise so made to the said C. D. [or C. D. and E. F. as the case may be] as aforesaid ; the said yearly rent or sum to be paid and payable by two equal half-yearly payments, on every first day of November and first day of May during the said term ; and farther, the said C. D. [or C. D. and E. F. as the case may be] doth [or do, and each of them doth] grant a,nd agree, to and with the said A. B. and his successors, that in case the said yearly rent, or any gale or part thereof, shall at any time be due and unpaid by the space of three calendar months after any of the said days of payment thereof, then and in every such case it shall and may be lawful to and for the said A. B. and his successors, unto the said lands and tenements, or any part or parts thereof, to enter and dis- train, and the distress and distresses there found to take, lead, drive, carry away, sell, and dispose of, according to law, for the recovery of the sum or sums to them due, and the reasonable costs of so recovering the same ; and it is hereby further agreed, by and between the said parties, that in case the said rent, or any gale thereof, shall be due, behind, and unpaid, for the space of three calendar months next after any of the said gale days respectively, then and in every or any such case, the said demise hereinbefore contained, and every part thereof, shall, at the election of the said A. B. and his successors, but not otherwise, be and be deemed and taken to be null and void, to all intents and purposes, from the said gale day ; and in such case it shall and may be lawful to and for the said A. B. and his suc- cessors, to take and receive all and every tithe, or, half or other portion of tithe, of the growth, produce, or increase of the said lands, or of any part thereof, which shall have been severed since the said day from which such lease shall be so void, or to proceed for or in respect of the subtraction thereof, in the same manner in all respects as if this lease had not been made ; and the said C. D. for himself, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree, to and with the said A. B. and his successors, that he the said C. D. his heirs, executors, administrators, and assigns, or some of them, shall and will from time to time hereafter, well and truly pay oiAcause to be paid, unto the said A. B. and his successors, the said yearly rent or sum of at the days and times hereinbefore mentioned for the payment thereof, by even and equal por- tions as aforesaid ; [or, the said G. D. and E. F. do respectively for themselves, their heirs, executors, administrators, and assigns, covenant, promise, and agree to and with the said A. B. and his successors, that they will respectively, from time to time hereafter, when and so long as their interest shall continue to be, or shall become vested in possession, well and truly pay or cause to be paid, to the said A. B. and his successors, the said yearly rent or sum of by equal and even portions as aforesaid :] in witness whereof the parties aforesaid have here- unto set their hands and seals, the day and year first above written.' " XVIII. And be it further enacted, that no action or other proceeding what- No action for ever shall be had or taken, by any person whomsoever, for the avoiding or defeating defeating any of any lease of tithes made under the provisions of this act, unless such person shall !ease l^11 ^e .. ... - . , , , , „ brought unless give notice m writing ot such his intention, six calendar months at least before sjx months' the expiration of some year, reckoning from the commencement of such lease, to notice shall be the party or parties against whom such action or proceeding shall be intended to given. be had or brought ; and such notice shall particularly specify and set forth the cause or causes for which such lease is sought to be avoided or defeated." 4 I 2 1220 STATU T A GEORG1I IV. A.D. 1820-1830. Stat. 4 Geo. 4, c. 5. 3 Geo. 4, c. 75. Marriages solemnized by virtue of licences grant- ed after passing of recited act, and before the passing of this act, by persons authorized by law previous to recited act, declared valid. Persons grant- ing such licences not liable to penalties. Stat. 4 Geo. 4, c. 17. Stat. 4 Geo. 4, cap. xvii. Stat. 4 Geo. 4, cap. xviii. XLVIII. Stat. 4 Georgii 4, c. 5. A.D. 1823. "An Act to render valid certain Marriages" "Whereas by an act passed in the third year of the reign of his present majesty King George the Fourth, intituled, ' An Act to amend certain Provisions of the twenty-sixth of George the Second, for the better preventing of Clandestine Mar- riages,' it is amongst other things enacted, that no person shall, from and after the passing of this act, be deemed authorized by law to grant any licence for the solemnization of any marriage, except the Archbishops of Canterbury and York, according to the rights now vested in them, and except the several other bishops within their respective dioceses, for the marriage of persons one of whom shall be resident at the time within the diocese of the bishop in whose name such licence shall be granted : and whereas, notwithstanding such enactment, divers licences for marriage have, through error, been granted since the passing of the said act by or in the name of bodies corporate or persons, their officers or surrogates, other than the said archbishops and bishops, which bodies corporate or persons, their officers or surrogates, before the passing of the said act, were or were deemed to be authorized by law to grant such licences ; and divers persons have been married by virtue or in consequence of licences so granted, the validity of which marriages is affected by the enactment aforesaid ; and whereas it is expedient to remedy the same : be it enacted by the king's most excellent majesty, by and with the consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same, that all and every marriages and marriage solemnized by virtue or in consequence of a licence granted after the passing of the said act of the third year of his present majesty, and before the passing of this act, by or in the name of a body carporate or person, his or their officer or surrogate, other than the Archbishops of Canterbury and York, according to the rights vested in them respectively, or the several other bishops within their respective dioceses, which body corporate or person, his or their officers and surro- gates, before the passing of the said act, were or were deemed to be authorized by law to grant such licences, shall be as good and valid marriages to all intents and purposes whatsoever, as the same would have been if the said enactment restrain- ing the power and authority of granting such licences had not been made. "II. And be it further enacted, that such bodies corporate and persons as aforesaid, their officers and surrogates, who have granted such licences as aforesaid since the passing of the said act, and their officers and others concerned therein, and such ministers as have acted under the authority of the same, shall not be or be held to be liable to any pains or penalties, or censures respectively, for or on account of the granting or acting under the same." XLIX. Stat. 4 Georgii 4, c. 17 (1). A.D. 1823. "An Act to repeal certain Provisions of an Act passed in the third year of His present Majesty , intituled. An Act to amend certain Provisions of the twenty- sixth of George the Second, for the better preventing of Clandestine Marriages." L. Stat. 4 Georgii 4, cap. xvii. A.D. 1823. "An Act for effecting an Exchange between the Right Honourable Henry Hall, Viscount Gage, and the Dean and Chapter of the Cathedral Church of the Holy Trinity of Chichester, of Estates in the County of Sussex" LI. Stat. 4 Georgii 4, cap. xviii. (2). A.D. 1823. "An Act for enabling the President, Vice-Presidents, Treasurer, and Members of the Philanthropic Society to purchase from the Corporation and other Persons entitled thereto the Lands and Hereditaments in the Parish of Saint George the Martyr, Southwark, in the County of Surrey, upon which they have erected a Chapel, Buildings, and other Works, and such other Land adjoining thereto, as may be required for the Purposes of their Charity." (1) Repealed by Stat. 4 Geo. 4, c. 76. (2) Vide Stat. 46 Geo. 3, cap. cxliv (ante 998). STATUTA GEORGII IV. A.D. 1820—1830. 1221 LII. Stat. 4 Georgii 4, cap. xxi. A.D. 1823. "An Act for appointing Select Vestrymen, Governors, and Directors of the Poor of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex; and for altering and amending two Acts passed in the thirteenth and fifty-third years of His late Majesty King George the Third, relating to the same" Stat. 4 Geo. 4, CAP. xxi. LIII. Stat. 4 Georgii 4, cap. xxvi. A.D. 1823. "An Act to enable the Trustees of the Will of the late Sir William East, Baronet, deceased, and Tenants under the See of Canterbury, to join in Grants of Building and Repairing Leases with the Archbishop of Canterbury, for the time being, of Lands in Lambeth Marsh, held under the said See." Stat. 4 Geo. 4, cap. xxvi. LIV. Stat. 4 Georgii 4, cap. xxviii. A.D. 1823. "An Act for changing the Site of the Hospital at Sheffield, in the County of York, founded by the Right Honourable Gilbert, Earl of Shrewsbury ; and for the better Regulation of the Affairs of that Charity." Stat. 4 Geo. 4, cap. xxviii. LV. Stat. 4 Georgii 4, c. 31. A.D. 1823. "An Act to amend an Act passed in the nineteenth year of the Reign of His late Majesty King George the Second, intituled, An Act more effectually to prevent Profane Cursing and Swearing." u Whereas by an act passed in the nineteenth year of the reign of his late majesty King George the Second, intituled, ' An Act more effectually to prevent Profane Cursing and Sw earing,' it is amongst other things provided, that the said act shall be publicly read four several times in the year, in all parish churches and public chapels, by the parson, vicar, or curate of the respective parishes or chapels, immediately after morning or evening prayer, on four several Sundays ; (that is to say,) the Sunday next after the twenty-fifth day of March, twenty-fourth day of June, twenty-ninth day of September, and twenty-fifth day of December in every year ; or in case divine service shall not be performed in any such church or chapel on any of the Sundays before mentioned, then upon the first Sunday after any of the said quarterly days on which divine service shall happen to be performed in any such church or chapel, upon pain of forfeiting the sum of five pounds for every such omission and neglect, to be levied by distress and sale of the offender's goods and chattels, by virtue of a wan-ant under the hand and seal of any one justice, mayor, bailiff, or other chief magistrate as aforesaid : and whereas it is expedient that the above-recited provision should be repealed ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the said statute as is hereinbefore recited shall be and the same is hereby repealed. " II. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded." Stat. 4 Geo. 4, c. 31. 19Geo.2,c.21. Provision of recited act requiring the same to be read quarterly in all parish churches, &c. repealed. Public act. LVI. Stat. 4 Georgii 4, c. 32(1). [Ireland.] A.D. 1823. Stat. 4 Geo. 'An Act for the Amendment of the Laws respecting {jharitable Loan Societies in 4' c" i2' '-Ir'-' Ireland." (n Amended by Stat. 10 Geo. 4, c. 42 ; 6 & 7 Gul. 4, c. 55, and by Stat. 1 & 2 Vict, repealed and other provisions made by Stat. c. 78. 1222 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 4 Geo. 4, c. 52. Remains of persons against whom a finding oifelo de se is had to be pri- vately buried in the parish churchyard. Rites of Chris- tian burial not to be perform- ed ; and former laws and usages not to altered. Stat. 4 Geo. 4, c. 64. Justices may appoint a clergyman to each prison. His salary. Where two prisons have one keeper, they shall be considered as one with re- spect to the duties and salary of the chaplain. LVII. Stat. 4 Georgii 4, c. 52. A.D. 1823. "An Act to alter and amend the Law relating to the Interment of the Remains of any Person found Felo de se." " Whereas it is expedient that the laws and usages relating to the interment of the remains of persons, against whom a finding of felo de se shall be had, should be altered and amended : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall not be lawful for any coroner, or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons, against whom a finding of felo de se shall be had, in any public highway ; but that such coroner or other officer shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred if the verdict of felo de se had not been found against such person; such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night. " II. Provided nevertheless, that nothing herein contained shall authorize the performing of any of the rites of Christian burial on the interment of the remains of any such person as aforesaid ; nor shall anything hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial ground, at such time and in such manner as aforesaid." LVIII. Stat. 4 Georgii 4, c. 64. A.D. 1823. "An Act for consolidating and amending the Laws relating to the building, repair- inn, and regulating of certain Gaols and Houses of Correction in England and hales." " XXVIII. And be it further enacted, that the justices assembled in general or quarter sessions shall and they are hereby required from time to time to nominate for each prison within their jurisdiction, to which this act shall extend, a clergy- man of the church of England to be chaplain thereof ; and the said justices may, if it seem to them expedient, nominate the same clergyman to be and officiate as chaplain to any two prisons situate within a convenient distance from each other; and the said justices are hereby authorized to appoint a salary to be paid to the clergyman so nominated chaplain as aforesaid, out of the county rate, or rate law- fully applicable to the maintenance of such prisons ; and the amount of salary shall be regulated in the following manner ; videlicet, where the chaplain shall be appointed to one prison only, and the number of prisoners, including debtors, which the said prison is calculated to receive does not exceed fifty, then the salary to be paid to him shall not be more than one hundred and fifty pounds ; where the chaplain shall be appointed to one prison only, and the number of prisoners, including debtors, which the said prison is calculated to receive does not exceed one hundred, then the salary shall not be more than two hundred pounds ; where the chaplain shall be appointed to one prison only, calculated to contain- more than one hundred prisoners, including debtors, the salary shall not be more than two hundred and fifty pounds ; and where the chaplain shall be appointed to one prison only, calculated to contain more than two hundred, or where the chaplain shall be appointed to two prisons, whatever the number of prisoners such two prisons may be calculated to contain, it shall be lawful for the justices to appoint the salary at their discretion, with reference to the duties to be performed ; provided also, that when any two or more prisons shall be under the custody of one and the same keeper, they shall be considered as one prison with reference to the duties and salary of the chaplain ; provided also, that in case of sickness or necessary engage- ment, the chaplain shall appoint a clergyman to be his substitute for the occasion, STATUTA GEORGII IV. A.D. 1820—1830. 1223 such substitute being approved of by the visiting justices; and the name and resi- Stat. 4 Geo. dence of such substitute shall be specified in the chaplain's journal. 4> c- 64- " XXIX. And be it further enacted, that no clergyman so nominated shall offi- Clergymen not ciate in any prison until he shall have obtained a licence for that purpose from the "^g^6 ^ bishop of the diocese wherein the prison is situate, nor for any longer time than biSn0p. while such licence shall continue in force ; and notice of every such nomination shall, within one month after it shall take place, be transmitted to the bishop by the clerk of the peace or town clerk. " XXX. And be it further enacted, that every such chaplain shall on eveiy Duties of Sunday, and on Christmas Day and Good Friday, perform the appointed morning chaplains, and evening services of the church of England, and preach at such time or times, between the hours of nine and five of the day, as shall be required by the rules and regulations to be made as directed by this act ; and shall catechize or instruct such prisoners as may be willing to receive instruction ; and shall likewise visit the pri- son on such other days and perform such other duties as shall be required by the rules and regulations to be made as directed by this act ; and shall administer the holy sacrament of the Lord's supper to such prisoners as shall be desirous, and as such chaplain may deem to be in a proper frame of mind to receive the same ; and such chaplain shall also frequently visit every room and cell in the prison occupied by prisoners, and shall direct such books to be distributed and read and such lessons to be taught in such prison as he may deem proper for the religious and moral instruction of the prisoners therein ; and he shall visit those who are in solitary confinement ; and it shall be his particular duty to afford his spiritual assistance to all persons under warrant or order for execution ; and he shall have free access to all persons convicted of murder, any law, statute, or usage to the contrary notwith- standing ; except to such persons as shall be of a religious persuasion different from that of the established church, who shall have made a request that a minister of such persuasion shall be allowed to visit them ; and every such chaplain shall com- municate from time to time to the visiting justices any abuse or impropriety which may have come to his knowledge ; and he shall further keep a journal, in which Journal to be he shall enter the times of his attendance on the performance of his duty, with any kept them, observations which may occur to him in the execution thereof, and such journal shall be kept in the prison, but shall regularly be laid before the justices for their inspection at every quarter sessions, and shall be signed by the chairman of the sessions, in proof of the same having been there produced ; and if it shall appear to the justices in general or quarter sessions assembled, that any chaplain is incom- petent to the due performance of his duties, or is unfit to be continued in his office, or shall have refused or wilfully neglected to perform the duties required of him by the rules and regulations to be made as directed by this act, they are hereby empowered to remove him from such office. " XXXI. And be it further enacted, that if any prisoner shall be of a religious Ministers persuasion differing from that of the established church, a minister of such persua- allowed to visit sion, at the special request of such prisoner, shall be allowed to visit him or her at other Prison_ proper and reasonable times, under such restrictions imposed by the visiting jus- certain re' tices as shall guard against the introduction of improper persons, and as shall strictions." prevent improper communications. "XXXII. And be it enacted, that in case any chaplain shall, from confirmed Power to sickness, age, or infirmity, become incapable of executing the office in person, the quarter ses- justices of the peace, at any general or quarter sessions of the county, riding, divi- si<>Ds.to grant sion, district, city, town, or place respectively, shall take the circumstances 'of the chaplafnTnca17 case into their consideration ; and if such justices shall deem it expedient, they are pable, from hereby empowered to grant to such chaplain such annuity as they in their discre- infirmity, of tion shall think proportionate to the merits and time of his services, and may order executinS his the payment out of the rates lawfully applicable to the building and repairing such ° gaols and prisons ; provided always, that the amount so paid by way of superan- nuation or allowance to any retired chaplain of any one prison shall not exceed the amount of two-thirds of the salary fixed for the succeeding chaplain of such prison. 1224 STATUTA GEORGII IV. A.D. 1820—1830, Stat. 4 Geo. " XXXIV. And be it further enacted, that from and after the commencement 4, c. 64. 0f £hjs act there shall be kept, in every prison to which this act shall extend, a Book to be book, in which the chaplain and every other officer of the said prisons not residing kfsits of cha Ch w*tn*n sucn prisons, but attending on or required to attend on such prison shall lain &c. shall regularly insert the date of every visit made by such chaplain or other such officer be entered. respectively ; and every such entry shall be signed with the name and in the proper handwriting of such chaplain or other officer respectively, and shall contain such remarks as may be thought necessary on the occasion of any such visit ; and every keeper of every such prison shall be responsible for the safe custody of such book, whole, unmutilated and unaltered, and shall at all times, when required so to do, produce such book, for inspection, to the justices at every general or quarter ses- sions, and to the visiting justices, or to any justice of the peace for the county, riding, division, district, city, town, or place wherein such prison shall be situate ; and the chaplain shall, on every Michaelmas quarter sessions, deliver to the justices a statement of the condition of the prisoners, and his observations thereupon." Stat. 4 Geo. 4, c. 67. Marriages of British sub- jects solem- nized at Saint Petersburgh declared valid. Stat. 4 Geo. 4, cap. lxviii. LIX. Stat. 4 Georgii 4, c. 67. A.D. 1823. "An Act to declare valid certain Marriages that have been solemnized at Saint Petersburgh since the Abolition of the British Factory there" " Whereas the British factory at St. Petersburgh was, by the manifesto of the Emperor of Russia, declared to be abolished from and after the twentieth day of June, in the year one thousand eight hundred and seven ; and whereas divers mar- riages of subjects of this realm resident at St. Petersburgh have, since the said twentieth day of June, one thousand eight hundred and seven, been solemnized there by the chaplain of the Russia Company in the chapel of the said company, and in private houses, before witnesses, according to the religious ceremonies of the church of England : and whereas it is expedient to declare the validity of such marriages, in order that no doubts or disquietude may hereafter arise thereupon ; may it therefore please your majesty that it may be declared and enacted, and be it declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that all marriages, (both or one of the parties thereto being subjects or a subject of this realm,) that have, since the said twentieth day of June, one thousand eight hundred and seven, been solemnized, or that shall hereafter be solemnized, at St. Petersburgh by the chap- lain to the said Russia Company, or by a minister of the church of England offi- ciating instead of such chaplain, in the chapel of the said Russia Company, or in any other place, before witnesses, shall be as good and valid in law, and so deemed in the United Kingdom of Great Britain and Ireland, and in the dominions there- unto belonging, as if the same had been solemnized before the abolition of the said factory." LX. Stat. 4 Georgii 4, cap. lxvhi. A.D. 1828. "An Act for raising a further Sum of Money for carrying into execution an Act passed in the fifty-seventh year of His late Majesty King George the Third, intituled, An Act for rebuilding the Church and improving the Churchyard of the Parish of Saint Paul Shadwell, in the County of Middlesex; and for amending the said Act." Stat. 4 Geo. LXI. Stat. 4 Georgii 4, c. 71. A.D. 1823. "An Act for defraying the Charge of Retiring Pay, Pensions, and other Expenses of that Nature, of His Majesty's Forces serving in India; for establishing the Pensions of the Bishops, Archdeacons, and Judges; for regulating Ordinations ; and for establishing a Court of Judicature at Bombay" "Whereas by an act made and passed .... in the fifty-third year of the reign of his late majesty King George the Third, intituled, 4 An Act for continuing in STATUTA GEORGII IV. A.D. 1820-1830. 1225 the East India Company, for a further term, the Possession of the British Territo- ries in India, together with certain exclusive Privileges ; for establishing further - Regulations for the Government of the said Territories, and the better Administra- tion of Justice within the same, and for regulating the Trade to and from the Places within the Limits of the said Company's Charter,' it is enacted, &c. " II. And whereas by the said act of the fifty-third year of the reign of his said late majesty King George the Third, provision was made for granting certain pensions to the Bishop of Calcutta, and the Archdeacons of Calcutta, Madras, and Bombay respectively, who should have exercised in the East Indies, or parts in the said act mentioned, for fifteen years, the office or offices of bishop or archdeacon ; and it is expedient to shorten the period during which such bishops and archdeacons respectively are required to hold their said offices before such pensions could be granted to them respectively, and to make other provisions respecting such pen- sions ; be it enacted, that so much of the said act as relates to such pensions shall be and the same is hereby repealed. " III. And be it further enacted, that it shall and may be lawful for his majesty, his heirs, and successors, in manner in the said act mentioned, to grant to any such bishop who shall have exercised in the East Indies, or parts aforesaid, for ten years, the office of bishop or archdeacon, and to any such archdeacon who shall have exer- cised in the East Indies or parts aforesaid, for ten years, the office of archdeacon, pensions not exceeding such sums respectively as his majesty by the said act of the fifty- third year of the reign of his late majesty is empowered to grant to any such bishop or archdeacon. " IV. Provided also, and be it further enacted, that if any person residing any time in the East Indies or parts aforesaid, as one of the chaplains of the said united company, shall have been or shall be appointed to the office of such archdeacon as aforesaid, and shall have resided in the East Indies or parts afore- said as such archdeacon seven years, the period of residence of such person as chap- lain shall be accounted and taken as and for a residence as such archdeacon, in the proportion of three years' residence as such chaplain, to two years' residence as such archdeacon : provided also, that nothing herein contained shall extend, or be con- strued to extend, to prejudice the right of any person being or having been a chap- lain of the said united company, to any benefit he may be entitled to as under or by virtue of any regulation now in force, or hereafter to be made by the said united company or their court of directors, nor to prejudice or affect the right of the said united company, or their court of directors, to make, repeal, vary, or alter, any regulation or regulations respecting the chaplains of the said united company, or the pay or allowances, pensions, or retirements, of such chaplains which the said united company or their court of directors may now lawfully make, repeal, vary or alter. " V. And whereas it is proper that a suitable house of residence should be pro- vided for the said bishop, and that the expenses of his visitations should be defrayed by the said company ; be it therefore further enacted, that it shall and may be lawful for the said company, and they are hereby required to provide a suitable house at Calcutta for the residence of the said bishop, and that the expense of the visitations to be made by the said bishop from time to time shall be defrayed by the said company, out of the revenues of the British territory in India : provided always, that no greater sum on account of providing such house, or of such visita- tions, be at any time issued, than shall from time to time be defined and settled by the court of directors of the said company, with the approbation of the com- missioners for the affairs of India, any law or statute to the contrary notwith- standing. "VI. And whereas doubts have arisen whether the Bishop of Calcutta, in conferring holy orders, is subject to the several provisions and limitations esta- blished by the laws of this realm or canons ecclesiastical, as to the titles of the persons to be ordained, and as to the oaths and subscriptions to be by such persons taken and made ; be it further declared and enacted, that it shall and may be law- ful for the Bishop of Calcutta for the time being to admit into the holy orders of Stat. 4 Geo. 4, c. 71. Repeal of pro- vision in 53 Geo. 3, c. 155, respecting pensions of bishop and archdeacons. Pensions to bishop and archdeacons. Chaplains acting as arch- deacons to be entitled to pen- sion, in a certain pro- portion. Further pro- vision as to chaplains. Residence and expense of visitations of bishop to be defrayed by the company. Power to the Bishop of Cal- cutta to admit persons to holy orders. 1226 STATUTA GEORGII IV. A.D. 1820—1880. Stat. 4 Geo. 4, c. 71. Provisions of 53 Geo. 3, c. 155, not to be affected. deacon arid priest respectively any person whom he shall, upon examination, deem duly qualified, specially for the purpose of taking upon himself the cure of souls, or officiating in any spiritual capacity within the limits of the said diocese of Cal- cutta, and residing therein ; and that a declaration of such purpose, and a written engagement to perform the same, under the hand of such person, being deposited in the hands of such bishop, shall be held to be a sufficient title with a view to such ordination ; and that in every such case, it shall be distinctly stated in the letters of ordination of every person so admitted to holy orders, that he has been ordained for the cure of souls within the limits of the said diocese of Calcutta only ; and that unless such person shall be a British subject of or belonging to the United Kingdom of Great Britain and Ireland, he shall not be required to take and make the oaths and subscriptions which persons ordained in England are required to take and make : provided always, that nothing herein contained shall be construed to repeal or affect the provisions of an act passed in the fifty-third year of the reign of his late majesty King George the Third, intituled, 'An Act for continuing in the East India Company, for a further term, the possession of the British Territories in India, together with certain exclusive Privileges ; for establishing further Regu- lations for the Government of the said Territories, and the better Administration of Justice within the same ; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter,' or any letters patent issued by his late majesty, or by his present majesty, their heirs, and successors, in virtue of the said act, or of their lawful prerogative." • Stat. 4 Geo. 4, c. 76. LXII. Stat. 4 Georgii 4, c. 76 (1). A.D. 1823. "An Act for amending the Laws respecting the Solemnization of Marriages (2) in England? " Whereas it is expedient to amend the laws respecting the solemnization of marriages in England ; be it enacted by the king's most excellent majesty, by and (1) Vide post. Stat. 4 Geo. 4, c. 91; Stat. 5 Geo. 4, c. 32; Stat. 6 Geo. 4, c. 92; Stat. 11 Geo. 4 & 1 Gul. 4, c. 18 ; Stat. 3 6 4 Gul. 4, c. 45 ; Stat. 4 & 5 Gul. 4, c. 28 ; Stat. 6 & 7 Gul. 4, c. 85 ss. 42 & 43; Stat. 6 & 7 Gul. 4, c. 86 ; Stat. 7 Gul. 4 & 1 Vict. c. 22 ; Stat. 1 & 2 Vict. c. 108 ; Stat. 3 & 4 Vict. o. 72; Stat. 5 & 6 Vict. c. 113; and Stat. 6 & 7 Vict. c. 39. Vide Stat. 20 Hen. 2, c. 9 [ante 3) ; Stat. 13 Edw. 1, St. I. c. 34 {ante 23) ; Stat. 25 Hen. 8, c. 21 {ante 160); Stat. 25 Hen. 8, c. 22 {ante 172); Stat. 28 Hen. 8, c. 7 {ante 205); Stat. 28 Hen. 8, c. 18 {ante 221); Stat. 32 Hen. 8, c. 38 {ante 269); Stat. 2 & 3 Edw. 6, c. 23 {ante 327); Stat. 12 Car. 2, c. 33 {ante 563) ; Stat. 13 Car. 2, c. 12 {ante 564) ; Stat. 6 & 7 Gul. 3, c. 6 {ante 649); Stat. 7 & 8 Gul. 3, c. 35 {ante 659); Stat. 10 Ann. c. 7 {ante 698); Stat. 10 Ann. c. 19 {ante 704); Stat. 15 Geo. 2, c. 30 {ante 816); Stat. 12 Geo. 3, c. 11 {ante 880); Stat. 1 Geo. 4, c. 101 {ante 1179); Stat. 3 Geo. 4, c. 75 {ante 1206) ; Stat. 4 Geo. 4, c. 5 {ante 1220); Stat. 4 Geo. 4, c. 17 {ante 1220); and Stat. 4 Geo. 4, c. 67 {ante 1224). Vide Stephens on Nisi Prius, tit. The So- lemnisation of 'Marriage, 11-24; and Stephens' Clerical Law, tit. Marriage. (2) Solemnization of Marriages : — In Da- vis v. Black {Clerk), (1 Q. B. 900,) the de- claration, which was in case, stated that the plaintiff (a man) and Mary Ann Hogg, were desirous to intermarry; that a licence was granted to the end that the marriage might be solemnized in the parish church of Blais- don, by the rector, vicar, or curate thereof, without banns, within three months from the date, Mary Ann Hogg's usual place of abode having been in Blaisdon for fifteen days immediately before the granting of the li- cence ; provided there should appear to be no impediment by reason of former mar- riage, consanguinity, &c, nor any suit be depending by reason thereof; and that the celebration should be in the said church be- tween eight and twelve in the forenoon : the declaration also averred, that the defendant was rector and sole minister of the church of Blaisdon, that there was no impediment by reason, &c, nor any suit, &c; and that, by reason of the premises, and by force of the licence, it became the defendant's duty, as rector, &c, on notice of the licence, to so- lemnize the marriage in the manner and time specified in the licence, when thereunto requested ; that the defendant had notice of the licence, and afterwards, viz., On, &c, and on several other days between that day, and the death of Mary Ann Hogg, was requested by the plaintiff to solemnize the marriage in the manner and time specified in the li- cence:— yet the defendant, not regarding his duty, but contriving wrongfully and illegally to harass, oppress, and injure the plaintiff, would not, on the said, &c, or at any time afterwards, solemnize the marriage, but wrongfully and illegally refused so to do; that, while hs continued so to refuse, Mary Ann Hogg died; and that by reason, &c, the STATUTA GEORGII IV. A.D. 1820—1830. 1227 with the advice and consent of the lords spiritual and temporal, and commons, in Stat. 4 Geo. this present parliament assembled, and by the authority of the same, that from and 4» c- 76 • plaintiff lost the benefit of the licence, and the marriage, and had been put to expenses which were rendered useless, had been in- jured in his good name, and had suffered anxiety of mind : — it was held to be bad after verdict, for not averring a request from Mary Ann Hogg, or notice to the defendant that Mary Ann Hogg was willing that the marriage should take place: — Lord Denman observing, "I am by no means prepared to say, that such an action as that, might not be maintained, upon the declaration making a proper complaint of a public officer neglecting his public duty to the temporal, and it might be to the very great damage of an individual. Such a ne- glect of the duty of a clergyman may be actionable, if it be malicious and without probable cause. But there is no great dan- ger in saying, that an action can hardly be maintained against an officer not required by law to perform the duty at any particular time, without allegation of malice, or of the time at which he refused, being a reasonable time for the performance. Allowing fully that the action is maintainable on princi- ple, the declaration is essentially defective. Hardly any of the objections made can be got over. One is clearly fatal. At the time when the clergyman is supposed to have acted wrongfully, it does not appear, that he had notice, that both the parties were wil- ling to be married. It is alleged that, at the time of the grievance, they were in fact willing ; but it is not averred that the wo- man joined in the request. This is quite fetal. For you charge the minister with having improperly refused to marry; yet the whole declaration might be proved, although he had no reason to believe the woman to be willing. It would be going far beyond all limits within which we allow defective de- clarations to be cured by verdict, if we suf- fered this. Nothing can be supplied beyond that of which the proof is necessarily in- volved in the proof of what is alleged." Mr. Justice Patteson: "It is not neces- sary to determine generally whether such an action will lie ; and I own that I feel great difficulty on that point. At common law, parties might marry anywhere. It is true, however, that Stat. 26 Geo. 2, c. 33, ss. 1, 4, [vide Stat. 4 Geo. 4, c. 76, ss. 2, 10,] confines them to the church of the parish where one of them has been resident for a certain time. And, as a clergyman of the church might prevent any other clergyman from performing the marriage service in his church, it may perhaps be said that the duty is now cast on him. Here, however, the question arises on the declaration. Now suppose (which seems very doubtful) the duty here to be properly alleged ; the duty is to marry on request. Suppose, also, that the request was made in the time pointed out by the licence, and that this is suffi- ciently averred by the words, 1 in the man- ner and time specified;' (though the licence gives three months from the date ;) still, by whom is the request made? One party might wish to be married, the other not; the request must be by both. Here is no averment that the woman joined in the re- quest, or that the plaintiff's request was made with her knowledge and consent ; and that alone shows, that the declaration is in- sufficient. And this cannot be cured by verdict; for nothing is so cured except that without the proof of which the judge could not have allowed the verdict to pass. Jack- son v. Pesked, (1 M. & S. 234,) shows, that we cannot intend a finding upon what is not averred directly, or by implication ; and we cannot say that an averment of a request by the woman is included in that of a request by the man. Nor can we say that a judge must have required proof of this before he allowed the verdict to be taken. The other objection, arising from the licence allowing three months, seems also fatal. And the declaration does not even allege, that the licence was in force at the time of the re- quest." Argar v. Holdsworth, (2 Lee (Sir G.), 515,) seems to support the proposition, that an action for damages may be sustained against a clergyman for a neglect of his duties, but clearly lays down, that a clergy- man may be prosecuted by any one for neg- lect of his clerical duty. As this question is of importance, the case of Argar v. Holds- tvorth is given at length, and which is re- ported in the following language : Dr. Simpson, for Argar. "William Argar promoted articles in the court of the Arch- deacon of Totness, against Henry Holds- worth, vicar of St. Saviour's in Dartmouth, for neglecting or refusing to solemnize mar- riage between the said Argar and Jane. How, both of the parish of St. Saviour's, and having a licence to be married from the Chancellor of Exeter. On 18th September, 1756, the articles were admitted at Totness, pleading, 1st, that Holdsworth is a clerk and vicar of St. Saviour's in Dartmouth; 2nd, that by canons, &c., every minister is to obey his ordinary's licence, &c; 3rd, that, every minister is obliged by law to marry such of his parishioners as have re- sided a month in his parish ; that the parties named in the licence are his parishioners, and have resided a month, and have obtained a licence to be married together; 4th, that Argar had a proper licence to marry How, and acquainted Holdsworth therewith, and desired him to marry them, but he refused ; 5th, that he has thereby incurred ecclesias- tical censures; 6th, that he is subject to the jurisdiction of the court at Totness; 7th, pray he may be censured, &c. From ad- mitting these articles, Holdsworth appealed to the Chancellor of Exeter. On 4th March, 1757, the chancellor pronounced for the appeal for admitting the 3rd and 4th articles, as not concludent, &c. and rejected such articles, but admitted the rest, and retained the cause, wrta costs. Argar appealed to the Arches from rejecting the 3rd and 4th 1228 STATUTA GE0RG1I IV. A.D. 1820-1830. Stat. 4 Geo. after the first day of November next ensuing the passing of this act, so much of an 4' c# 76' act passed in the twenty-sixth year of the reign of King George the Second, inti- articles, and retaining the cause, and con- demning him in costs, and Holdsworth did not adhere to the appeal." Dr. Bettesworth, for Holdsworth, said, "that Argar should have brought a suit at law for damages, or if any suit lay in the spiritual court, it should have been brought before the Chancellor of Exeter, who granted the licence ; that the licence was not exhi- bited, without which the articles were not concludent; that a minister is not obliged by law to marry by licence, but is only per- mitted so to do, and if he has reason to think it was fraudulently obtained, he ought to refuse to marry in consequence of it, which was the case with Holdsworth, and, therefore, the judge ought to have rejected all the articles." Judgment — Sir George Lee: "I said, that possibly Argar might have no action for damages, but, nevertheless, the clergyman might be prosecuted by any one for neglect of his clerical duty ; that the suit for such neglect might be brought in order to his being admonished or suspended in the arch- deacon's court, notwithstanding the licence was granted by the chancellor ; that the licence might be exhibited at any time be- fore conclusion of the cause; that I was of opinion a licence was a legal authority for marriage, and that a minister was guilty of a breach of his duty who should refuse to marry pursuant to a proper licence from his ordinary. If Holdsworth had reason to be- lieve the licence was obtained fraudulently, and only delayed to gain time for inquiry, that would be proper matter for his defence ; but surely the chancellor had acted strangely in rejecting the articles which alone pleaded the facts relative to this cause, and admit- ting these articles which pleaded only the general law. I, therefore, pronounced for the appeal, and remitted the cause to the archdeacon's court at Totness, and con- demned Holdsworth in 25/. costs." Respecting fees for the solemnization of marriages, it was held in Patten v. Castle- man, (1 Lee (Sir G.), 387,) that the claim of a vicar for a fee on the wedding of one of his parishioners in the church of another parish, was not substantiated; the general principle of law being, that where no service is done, no fee can be due. Sir George Lee observing, " I was of opinion that no fee was due by law where no service was done; anciently no fee was demandable for marriage, but only a volun- tary offering was made of what sum the party married thought fit to give, which appears from Lyndwood, lib. 3, tit. 16, cap. ' Quia quidam,' in these words: ' Quia qui- dam maledictionis filii in nubentium solem- niis, purificationibus mulierum, mortuorum exequiis, et aliis in quibus ipse Dominus in ministrorum suorum personis solebat obla- tionum libamine populariter honorari ad unius denarii vel alterius modicae quantitatis oblationem, populi devotionem [restringere moliti sunt, residuum oblationis fidelium suis pro libito vel alienis usibus multoties applicantes;' therefore excommunicating the instigators; and Lyndw. Gloss, verb. Nu- bentium solemniis, sets forth the times when it was lawful to marry, and when not; and therefore the Constitution must speak of offerings for marriages actually performed. If then no law has established a fee for ac- tual marriage, it can be demandable only by custom, and accordingly, Watson's Cler- gyman's Law, chap. 52, p. 572, says, 'Ac- customary payments for marriages, christen- ings, churchings, and burials, properly be- long to the parson or vicar of" the church where they are made, and are recoverable by law, where there is a custom for the pay- ment of certain sums upon the performance of these several duties;' and in chap. 53, p. 575, 'under offerings, called also oblations and obventions, are comprehended all cus- tomary payments for marriages, christenings, churchings, and burials, and have been, and yet are recoverable in the ecclesiastical court, as is notorious.' "And notwithstanding the Statute of Cir- cumspecte agatis, and of 2 & 3 Edw. 6, if the custom is denied, a prohibition will go to try it at common law, and it must be immemorial; and so it was held by the whole court of King's Bench, Hill. 7 Geo. 2, Read v. Dealtary, which case I argued, and a prohibition was granted to stay a suit in the ecclesiastical court for customary Easter offerings, and the custom was denied; but if the custom is admitted, then the spi- ritual court may proceed, and in the present case, if a prohibition had been prayed, it would certainly have been granted; and therefore, as this was a matter subject to the cognizance of the common law, I thought myself bound to determine agreeably to that law, that there may not be a diversity of judgments in different courts; and clearly by the common law this custom is not proved, for it is not sufficiently proved, even by the ecclesiastical law, which requires a usage for forty years to be proved; but here no in- stance has been given of paying the fee de- manded for above twenty-one years ; and therefore I thought the custom was not proved, but if it had been proved, the cus- tom would be unreasonable, for no eccle- siastical law warrants a demand of a fee where no service is done, and though I could not find in the Common Law Reports any determination upon the particular point now before me, yet, in similar cases, the temporal courts had determined, that a cus- tom to pay a fee where no service was done, was unreasonable, as appeared from the cases cited by the counsel for Patten, in the cases of burials, christenings, and church- ings, which are thus reported: "Hobart, 175. 'Edward Topsail and others v. Ferrers. Edward Topsail, clerk, parson of St. Botolph's Without, Aiders- gate, and the churchwardens of the same, libelled in the court Christian, against Sir John Ferrers, Knight, and alleged, that STATUTA GE0RGI1 IV. A.D. 1820—1830. 1229 tuled, i An Act for the better preventing of Clandestine Marriages,' as was in force Stat. 4 Geo, immediately before the passing of this act, and also an act passed in the present 4» c- session of parliament, intituled, ' An Act to repeal certain Provisions of an Act 26Geo.2,c.33, passed in the third year of His present Majesty, intituled, "An Act to amend certain Provisions of the twenty-sixth of George the Second, for the better pre- venting of Clandestine Marriages," ' shall be and the same are hereby repealed ; save and except as to any acts, matters, or things done under the provisions of the said recited acts, or either of them, before the said first day of November, as to which the said recited acts shall respectively be of the same force and effect as if this act had not been made ; save also and except so far as the said recited acts or either of them repeal any former act, or any clause, matter, or thing therein con- tained. " II. And be it further enacted, that from and after the first day of November all banns of matrimony shall be published (1) in an audible manner in the parish 4 Geo. 4, c. repealed. 17, Banns, where, when, and there was a custom within the city of Lon- don, and especially within that parish, that if any person die within that parish, being man or woman, and be carried out of the same parish, and be buried elsewhere, that there ought to be paid to the parson of this parish, if he be buried elsewhere, in the chancel, so much, and to the church- wardens so much, being the sums that they alleged were by custom payable unto them for such as were buried in their own chan- cel, and then alleging, that the wife of Sir John Ferrers died within the parish, and was carried away and buried in the chancel of another church, and so demand of him the said sum; whereupon, for Sir John Ferrers, a prohibition was prayed by Serjeant Harris, and upon debate it was granted; for this custom is against reason, that he that is no parishioner, but may pass through the pa- rish, or lie in an inn for a night, should be forced to be buried there, or to pay as if he was, and so upon the matter, to pay twice for his burial.' "1 Salk. 332. 4 Burdeaux v. Lancaster (Dr.) and others, Hill. 9 Will. 3, B. R. Burdeaux, a French protestant, had his child baptized at the French church in the Savoy, and Dr. Lancaster, vicar of St. Mar- tin's, in which parish it is, together with the clerk, libelled against him for a fee of 2s. 6d. due to him, and Id. to the clerk. A prohibition was moved for, and Levinz urged this was an ecclesiastical fee due by the canon. — Holt, C. J. Nothing can be due of common right, and how can a ca- non take money out of a layman's pocket? Lyndwood says it is simony to take any- thing for christening or burying, unless it be a fee due by custom, but then a custom for any person to take a fee for christening a child when he does not christen it, is not good; like the case in Hobart, where one dies in one parish, and is buried in another, the parish where he died, shall not have a burying fee. If you have a right to christen you should libel for that right, but you ought not to have money for christening when you do not.' "Lord Raymond's Reports, 2nd vol. fo. 1558. 2 Geo. 2 Regis, B. R. 1729. 'Nay. lor qui tarn v. Scott. In a prohibition granted to stay a suit in the spiritual court by the vicar of Wakefield, grounded upon a custom for a due for churching women, which was alleged to be this, viz. 1 That every inhabitant keeping a house, and having a family in Wakefield, in Yorkshire, and having a child or children born in that pa- rish at the time of churching the mother of the child, or at the usual time after her de- livery, when she should be churched, have time out of mind paid ten pence to the vicar of that parish, for or in respect of such churching, or at the usual times when the mother of such child should be churched.' Issue was taken upon the custom, and a ver- dict found for the defendant, that there was such a custom ; and upon motion made to the court by Mr. F'rfmer for the plaintiff, in arrest of judgment, to prevent the granting a consultation, the court being of opinion, that it was a void custom; 1st, Because it was not alleged, what was the usual time the women were to be churched, and there- fore uncertain. 2nd, Because it was unrea- sonable, because it obliged the husband to pay ; if the woman was not churched at all, or if she went out of the parish, or died, be- fore the time of churching, judgment was arrested. Mr. Crowle, counsel for the de- fendant in the prohibition.' " As to the clause in the marriage licence, I was of opinion, it was only a general saving of such right as the minister might have, but if he had none by law, the licence neither did or could give him any. Upon the whole, I was of opinion, the fee demanded was not due by any law, that the custom was not proved, but if it had been proved, it would be an unreasonable custom by the ecclesi- astical as well as the common law, and void, and therefore I pronounced no fee to be due in this case to the vicar, and dismissed Patten, but did not give costs, because it was a new case, and because the clergy did generally imagine a fee was due, and in fact it had been paid in many instances to Mr. Castleman and his predecessors, and likewise to his neighbouring clergy, and therefore he could not be said to be litigious." (1) All banns of matrimony shall be pub- lished : — The two principal cases respecting the publication of banns of matrimony are Tongue v. Allen, (1 Curt. 38,) and Wright v. Elwood, (Ibid. 49, 669 ;) vide etiam Brealy v. Reed, 2 Ibid. 833 ; Rex v. Tibshelf (In- habitants of), 1 B. & Ad. 190; Rex v. Burton-upon-Trent (Inhabitants of), 3 M. & S. 537 ; Rex v. St. Faith's, Newton, 3 1230 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 4 Geo. 4, c. 76. how published. church, or in some public chapel, in which chapel banns of matrimony may now or may hereafter be lawfully published, of or belonging to such parish or chapelry D. & R. 348 ; Clowes v. Clowes, 3 Curt. 185. In Tongue v. Allen, the suit of nullity of marriage under Stat. 4 Geo. 4, c. 76, by reason of undue publication of banns, was sustained, both parties "having knowingly and wilfully intermarried after such undue publication and in Wright v. Elwood, the suit of nullity of marriage under Stat. 4 Geo. 4, c. 76, by reason of undue publication of banns, was rejected. The facts of such cases, and the reasons upon which such judgments were given, will appear from the following abridged judg- ments. In Tongue v. Allen, (1 Curt. 41,) Sir Herbert Jenner observed : ** . . . The result then is this, that at the marriage the minor was between seven- teen and eighteen years of age, the woman thirty-four or thirty-five, and a widow, or representing herself as such, and the sister of the master of the school where he was placed ; that the marriage was clandestine, and continued secret and unknown to the family of the minor, for nearly twelve months ; that the name of baptism, by which alone he was generally known, was omitted in the publication of banns ; and that this was done for the purpose of concealment, in fraud of the father's rights, there can be no doubt. "The question therefore is, whether a marriage under such circumstances is good and valid according to the existing marriage law of this country ; for under the original marriage act, (the 26 Geo. 2, c. 33,) the mar- riage would have been clearly void, it having been repeatedly held, that the omission of the name of general repute in the publication of banns, when for the purpose of fraud, ren- dered the marriage void, as in the case of Pougetv. Tomkins, (2Consist. 142,) in which Lord Stowell observed, ' That all parts of a baptismal name ought to be set forth, as composing altogether the name and legal de- scription of the party, yet he would not go the length of deciding, that in all cases the omission of a name would be fatal, where no fraud was intended, nor any deception prac- tised, and where the suppression was only of a dormant name.' " The present statute, (the 4 Geo. 4, c. 76,) equally requires the true names of both parties to be published, but in order to ob- viate the inconveniences, and to prevent the crying injustice which arose out of the law as it formerly stood, and the cruel injuries to which innocent parties were exposed, it has provided, that in order to annul a mar- riage on the ground of the banns having been unduly published, ' the parties must have knowingly and wilfully intermarried without due publication of banns the construction which has been put upon the twenty-second section of the 4 Geo. 4, c. 76, in the few cases as yet determined under it, is, that both par- ties must be cognizant of the undue publica- tion. This, indeed, seems to arise necessa- rily from the words of the act itself ; the ' parties ' are spoken of in the plural num- ber, and there would have been no necessity for any enactment at all upon the subject, if the knowledge of one party would have been sufficient to render the marriage void, as there can hardly be a case, in which one of the parties must not be cognizant of the fact. " But, however this may be, the same con- struction has been put upon this section of the act in the courts of common law as in these courts ; the cases have been referred to in the argument, and the court will notice them hereafter ; at present it will be enough to say, that it entirely agrees in the soundness of that construction ; and it only remains to be seen, whether there is a sufficient proof in the present case to justify the court in com- ing to the conclusion, that both parties were cognizant of the undue publication of banns, before the marriage was solemnized; for I also agree with the decisions before adverted to, that the knowledge must be shown to have existed before, and not after the mar- riage. The manner in which this knowledge is to be proved, must vary according to the circumstances of each case; that may be quite sufficient in one which would not suf- fice in another, and although it may be true, that in construing the law, the favourable or unfavourable nature of the transaction in question ought not to be taken into consider- ation, yet circumstances may give a greater or less effect to the evidence of the facts to which the law is to be applied, and may fur- nish a clue to guide the court to the proper conclusion to be drawn from them. It can- not be required, that in every case direct and positive proof should be adduced ; if so, I am inclined to agree with the observations of Dr. Addams, that in most cases the fraud would be successful, the parties would have nothing to do but to keep their own secret. The court must therefore take all the cir- cumstances into consideration, and deduce its conclusion from them. It was indeed hardly denied, that circumstantial evidence would be sufficient, but it was said, it must be such as to leave no reasonable doubt on the mind of the court. It is necessary then to consider, what the circumstances are. " In all cases of this kind, three questions naturally arise : " First, Whether a marriage has been had between the parties to the suit ? " Secondly, Whether there has been an undue publication of banns ? " Thirdly, Whether both parties were cog- nizant of the undue publication before the marriage was celebrated ? " Now here there can be no doubt of the fact of marriage between these parties, nor of their identity. " Secondly, There can be no doubt from what has been observed, that there was an undue publication of banns, it would be a waste of time to inquire further on this point ; and it is equally clear that conceal- ment was the object of both parties. The third point, whether both parties were cog- STATUTA GEORGII IV. A.D. 1820—1830. 1231 wherein the persons to be married shall dwell, according to the form of words pre- scribed by the Rubric prefixed to the Office of Matrimony in the Book of Common Stat. 4 Geo. 4, c. 76. and marriage nizant of the undue publication, remains to be considered. Now, that Mrs. Allen knew cannot be denied; she in fact, although it is otherwise pleaded in the libel, gave the in- structions for the publication of the banns ; it was said, that the evidence as to this fact was irregularly introduced, and perhaps it was so, but if it were not true, it might have been contradicted even after publica- tion, but no attempt of that kind was made either here or in the court below ; I must therefore take that fact as proved. There is certainly no direct proof of concert between the parties, but there is a pretty strong pre- sumption of it ; both were living in the same house, having daily communication with each other ; both must have known of the neces- sity for concealment, and neither could well have been ignorant of the means to be used from the very nature of the transaction ; but it does not rest here ; the proceedings at the time of the marriage are material ; it is sworn, that it is the practice in this parish to show the banns book to both parties, and to inquire whether they are correctly described or not, and Sarah Haynes, the sextoness, says, ' she is sure it was done on the present occasion.' Now, was the fact so or not ? The witness deposes positively to the practice, and that it was observed on this occasion ; if the fact were not so, it might have been counterpleaded, and the minister and clerk might have been brought to contradict the sextoness ; there is no reason to believe, that she deposes falsely, and there can be no rea- son assigned why the usual practice should not have been adhered to at this marriage. Again, during the ceremony the minor must have answered to the name of Edward, and there is no evidence to show, that he evinced any surprise at being so addressed. And after the ceremony was concluded, he signed that name to the entry in the register, with- out hesitation. This latter circumstance standing alone, might not perhaps have been sufficient to fix him with a knowledge of the undue publication of banns, but taken in conjunction with all the other circumstances, it goes a considerable way to satisfy me of his previous knowledge of the intended fraud. " These facts then taken altogether, form a strong body of evidence upon which the court, had this been the first case arising under the statute, might, and would, have felt itself justified in pronouncing this marriage to be void, as having been knowingly and wilfully by both parties contracted without due publication of banns. " But cases have been referred to, which the court must now proceed to consider, in order to see, whether they at all interfere with the impression it has stated itself to enter- tain, as to the effect of the evidence here pro- duced. " The first, that of Wiltshire against Prince, (3 Hagg. 332,) in the Consistory court of London, was a suit brought by the father of a minor, for the purpose of setting aside the marriage of his son with a woman servant in the family ; wrong names had been used in the publication of the banns, and there was clear proof that both parties knew it, and that it was for the purpose of fraud ; there was no doubt of the fact of both parties being cognizant of the undue publication of banns before the marriage, and the court accordingly pronounced it void ; that case therefore is important only, as showing the construction put upon the words of the act of parliament, by the learned judge of that court, namely, that both parties must be cognizant of the undue publication of banns ; nothing was there determined as to the na- ture of the proof required. " The second case cited, was that of The King against The Inhabitants of Wroxton, (4 B. & Ad. 640,) which was a question sent by the quarter sessions for the opinion of the court of King's Bench. The facts were found by the justices, and the court wag bound by them ; on what evidence the jus- tices came to the conclusion of the fact does not appear ; but they stated, that the woman was ignorant of the false publication, al- though the names used were very different from the true names. " The decision of the King's Bench, on the facts found by the justices was, that as the woman did not know of the false publication of banns, the marriage was good ; in fact, it goes no further than to adopt and confirm the construction which had been put upon the statute in the case of Wiltshire v. Prince. (3 Hagg. 332.) These cases, therefore, prove nothing more than that in order to render a marriage null and void, by reason of undue publication of banns, both parties must be shown to have been cognizant of the undue publication before the celebration of the marriage. " But the case more particularly relied upon, as applicable to the case now before the court, was that of Hadley v. Reynolds, which occurred in this court, but has not yet been reported. The circumstances of that case were extremely different from the present ; there the husband, after a coha- bitation of three years and a half, and the birth of a child, sought to set aside his own marriage, he himself having caused the banns to be published ; — it was so pleaded by him. He was a clergyman of twenty-six or twenty-seven years of age, the woman twenty-two, both were therefore at full liberty to contract marriage : no rights of third parties were invaded. The woman having no occasion to have recourse to fraudulent concealment, nor having any reason to sup- pose, that fraud was to be resorted to ; there was no evidence to show, that she was at all acquainted with the intended use of false names ; the banns were published at Bir- mingham, she was at Worcester ; there was not any ground to presume, that there was any previous knowledge on her part of the undue publication ; true it is, that she an- swered, during the ceremony, to the wrong name, and also after the marriage, signed 1232 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 4 Geo. 4, c. 76. to be solem- Prayer, upon three Sundays preceding the solemnization of marriage, during the time of morning service, or of evening service, (if there shall be no morning service that name in the register ; those were the only circumstances from which her know- ledge could be inferred, and the court rightly holding, that in such a case the strictest proof was necessary, was of opinion, that those circumstances alone were not sufficient evidence of the fact. " But what is the present case ? A woman, situated as I have described, persuades, for so I must presume, a boy not half so old as herself, to marry her ; she knowing that he had a father, who would disapprove of the marriage, gives instructions for the publica- tion of the banns, omitting that, which must be considered as the ordy real baptismal name of the minor, and this for the purpose of fraud, the parties being in constant and daily communication with each other ; they proceed to Bristol on the morning of the marriage, and return to school the same day, when they resume their usual occupations, she superintending her brother's pupils, he continuing his education ; no one of his schoolfellows nor any one else suspecting that any connexion existed between them. It is precisely the case against which the legislature must have intended to provide ; the maxim semper prcesumitur pro matri- monio, strongly applies to Hadley's case, but not to this, where fraud was meditated by both parties, and which it may not unjustly be presumed, that both were acquainted with the means by which that fraud was to be carried into effect. " On the whole, I cannot bring my mind to doubt, that both parties knowingly and wilfully intermarried without due publication of banns, and I therefore pronounce for the appeal, retain the principal cause, and de- clare the marriage to be null and void." In Wright v. Elwood, (1 Curt. 669,) Sir Herbert Jenner stated, "... It has been maintained, that the publication of banns of a woman who is already married, and whose husband is alive, is a mere nullity ; that it is not properly an undue publication of banns, but it is no publication at all, and that it would be contrary to the policy of the law if the court were to uphold a marriage not pre- ceded by any publication of banns, nor by a licence ; and it has been also stated, that such was the case, even before the passing of the first Marriage Act, (26 Geo. 2, c. 33,) in 1754. But I confess I do not feel very strongly the force of that argument ; for, as far as I can understand the principle upon which marriages are made null and void, on these grounds, under the act, it is, that where false names are used intentionally, with a view of deceiving the public, it is no publication at all. So that in the case of the publication of false names, the publication is a mere nullity. In Pouyet v. Tomkins, (2 Consist. 146,) Lord Stowell said, 'The clear intention of the act is, that the true names of the parties should be published, and if they are not so published, it is no publica- tion : no notice is given, and no opportunity is afforded to any one to allege an impedi- ment. It has been constantly held, there- fore, since the case of Early v. Stevens,' which was in 1785, and I believe the earliest case under the Marriage Act, ' that a publica- tion in false names is no publication.' ' And on no other principle could such a case have been brought under the provisions of that act, where the terms made use of are, " with- out publication of banns ;" it does not speak of " undue publication ;" but that statute re- quired that a marriage should be preceded by publication of banns, or by licence. It seems to me, that a marriage was void under that statute only where there had been no publication ; undue publication was not suf- ficient, unless it amounted to the absence of all publication.' " This was the state of the law under the 26 Geo. 2, c. 33. Before that statute, mar- riages, without publication of banns or any religious ceremony, contracts per verba de pr&senti, might be good and valid, though irregular ; the parties and the minister might be liable to punishment, but the vinculum matrimonii was not affected. After the passing of the act 26 Geo. 2, c. 33, mar- riages were placed on a different footing, as to banns and licences ; a certain degree of regularity was essential to the validity of the marriage contract, and marriages not pre- ceded by banns or licence, were null and void. In that act, however, there was no provision for the protection of innocent par- ties, and many cases are in the recollection of the court in which it had produced very injurious consequences. Parties even guilty of actual fraud having obtained a separation without the possibility of doing justice to the party not cognizant of the fraud. " This state of things continued many years, but at length the legislature interfered to prevent the mischievous effects resulting from the provisions of this act, and to soften the rigour of the existing law. " I pass by the. act 3 Geo. 4, which ex- isted but for a short time, and I proceed to the act 4 Geo. 4, c. 76, which was in force at the time of this marriage, and is the law which is applicable to it. " This act begins by repealing all the for- mer acts then in force. Part of the act 26 Geo. 2 had been repealed by the act 3 Geo. 4, but still part remained in force, and the remainder of that act, as well as the 3 Geo. 4, was repealed, so that, at that time, if the legislature had done no more, the common law and general law, as it existed before the marriage, would have been good and valid without any publication of banns or licence. But the legislature did not stop here ; it went further, and declared, in the 22nd sec- tion, that where parties shall intermarry, knowingly and wilfully, without due publica- tion of banns or licence, the marriage shall be null and void. It has not adopted the terms of the former act, declaring that mar- riages shall not be solemnized ' without publi- cation of banns,' but the legislature has said : ' If any persons shall knowingly and wilfully STATUTA GEORGII IV. A.D. 1820—1830. 1233 in such church or chapel upon the Sunday upon which such banns shall be so published,) immediately after the second lesson ; and whensoever it shall happen that the persons to be married shall dwell in divers parishes or chapelries, the banns shall in like manner be published in the church or in any such chapel as aforesaid belonging to such parish or chapelry wherein each of the said persons shall dwell ; and that all other the rules prescribed by the said rubrick concerning the publication of banns and the solemnization of matrimony, and not hereby altered, shall be duly observed ; and that in all cases where banns shall have been published, the marriage shall be solemnized in one of the parish churches or chapels where such banns shall have been published, and in no other place what- soever. " III. And be it further enacted, that the bishop of the diocese, with the con- sent of the patron and the incumbent of the church of the parish in which any public chapel having a chapelry thereunto annexed may be situated, or of any chapel situated in an extra-parochial place, signified to him under their hands and seals respectively, may authorize by writing under his hand and seal, the publica- tion of banns and the solemnization of marriages in such chapel for persons residing within such chapelry or extra-parochial place respectively; and such consent, toge- ther with such written authority, shall be registered in the registry of the diocese. " IV. Provided always, and be it enacted, that in every chapel in respect of which such authority shall be given as aforesaid, there shall be placed in some conspicuous part of the interior of such chapel a notice in the words following : * Banns may be published and Marriages solemnized in this Chapel.' " V. Provided always, and be it further enacted, that all provisions now in force, or which may hereafter be established by law, relative to providing and keeping marriage registers in any parish churches, shall extend and be construed to extend to any chapel in which the publication of banns and solemnization of marriages shall be so authorized as aforesaid, in the same manner as if the same Stat. 4 Geo. 4, c. 76. nized where banns pub- lished. intermarry without due publication of banns, or licence, from a person or persons having authority to grant the same, first had and obtained, the marriages of such persons shall be null and void, to all intents and purposes whatsoever ;' thereby, as I have stated, soft- ening the rigour of the former law, under the 26 Geo. 2. And according to the construc- tion put upon this section by the Consistory court of London, (Wiltshire v. Prince, 3 Hagg. 332,) by this court during the time of my predecessors, (Hadley v. Reynolds, not reported,) as well as in my own time, (Tongue v. Allen, 1 Curt. 38,) by the court of King's Bench, (Rex v. Wroxton (Inhabitants of), 4 B. & Ad. 640,) and I think I might say by the judicial committee of the Privy Council, (Tongue v. Tongue, 1 Moore's P. C. Ca. 90,) (though, perhaps, the point has not received an actual and direct decision of the latter tribunal,) where the parties are not both cognizant of the false name, the marriage cannot be declared void. It is necessary, that both the parties should be accessary to the fraud ; the act of one will not operate to the prejudice of the other, unless a participator. " The question then is, as the act speaks of marriages 1 without due publication of banns,' what is the consequence, where there is no publication of banns ? For, according to Lord Stowell, in the case to which I have adverted, the publication of banns, in a false name, is equivalent to no publication. The court can see no difference between the cases, which stand precisely on the same grounds ; nor does there seem a reason why there should be a difference ; the fraud is the same Bishop, with consent of pa- tron and in- cumbent, may authorize pub- lication of banns in any public chapel. Notice to be placed in such chapel. Provisions relative to marriage registers extended to chapels so in both ; the remedy is the same in both. " It is, however, contended that the words, ' without due publication of banns,' used in the statute 4 Geo. 4, c. 76, do not extend to cases of marriage not preceded by any pub- lication of banns, as there are no words in the act to that effect ; but if that were so, the former Marriage Act being repealed al- together, upon its repeal, the general law was revived, and came into operation, and continues to be in operation, except so far as it is qualified and restrained by the 4 Geo. 4, c. 76, the only act now in operation; and unless this act extends to cases of mar- riage not preceded by any publication of banns, as distinguished from undue publica- tion, a marriage, where a false name was used, would be a good and valid marriage. But I have no doubt, that a marriage, which has not been preceded by any publication of banns at all, is a marriage within the mean- ing of the terms, that is, a marriage without due publication of banns. Marriages without due publication of banns, are declared null and void, and I should be glad to know how it is possible, that that can be a due publica- tion of banns, which is no publication at all, and how it can be contended, with any effect, that marriages, where the publication of banns is a mere nullity, can be distin- guished from marriages without a due publi- cation of banns." It may be here remarked, that in Campbell x.Aldrich (Clerk), (2 Wils. 79,) a prohibition was granted to a suit in the spiritual court, for marrying without banns or licence, be- cause it was a matter of temporal jurisdiction. 4 K J 234 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 4 Geo. 4, c. 76. authorized as aforesaid. Book to be provided for the registra- tion of banns, &c. Notice of the names and place and time of abode of parties to be were a parish church ; and everything required by law to be done relative thereto by the churchwardens of any parish church shall be done by the chapel warden or other officer exercising analogous duties in such chapel. " VI. And be it further enacted, that on or before the said first day of Novem- ber, and from time to time afterwards as there shall be occasion, the churchwardens and cbapelwardens of churches and chapels wherein marriages are solemnized shall provide a proper book of substantial paper, marked and ruled respectively in man- ner directed for the register booh of marriages (1); and the banns shall be published from the said register book of banns by the officiating minister, and not from loose papers, and after publication shall be signed by the officiating minister, or by some person under his direction. " VII. Provided always, and it is hereby further enacted, that no parson, vicar, minister, or curate shall be obliged to publish the banns of matrimony between any persons whatsoever (2), unless the persons to be married shall, seven days at the (1) Register book of marriages: — In Paxton's case, (1 Irish Circ. Rep. 800,) it was held, that the entry of a marriage in a parish register may be proved by the production of a copy, proved to have been made by the clergyman from the book which he called the register, and which the witness examined with him, without pro- ducing the clergyman, or otherwise proving the register. The prisoner was indicted for bigamy, and it appeared, that he had been married, in 1812, in Ireland, to Martha Grey, who was still living; and, in 1832, he was married, at Southampton, in England, to Thampson Halsey. The indictment averred that he had been apprehended at Glenreagh, in the county of Donegal. At the time of the first marriage, the prisoner was a mem- ber of the established church, and Martha Grey was a presbyterian ; and they had been married by the presbyterian minister of the congregation of Letterkenny, in the county of Donegal. The second marriage had been performed in the parish church of South- ampton, by the vicar of the parish. In order to prove the second marriage, the father of Thampson Halsey, who was present at it, and Thampson Halsey herself, were produced and examined. They proved that the prisoner had been married at the time alleged, and in the parish church of Southampton, by the Rev. Mr. Shrubb, to Thampson Halsey. A document was then produced, which Thampson Halsey swore was copied by the said Mr. Shrubb, in her presence, from a book in his possession, which he stated to her, was the register of marriages for the parish of Southampton, and that such copy was compared with the register, by Mr. Shrubb's reading the book while she read the copy, and that it was a correct copy, and was signed by Mr. Shrubb. He was not produced, nor was any other evidence given of the register. The counsel for the crown were about reading that copy; when the counsel for the prisoner, objected that it could not be read; because there was not sufficient evidence, that it was an ex- amined copy of the extract from the register. It should be shown, that the book from which it was copied was, in fact, the register; but the evidence as to that, was only hearsay of hearsay. The counsel for the crown con- tended, that it was .sufficient, if the book were produced by the proper officer as the register. Upon such facts and arguments, Mr. Ser- jeant Warren observed: . . This point has been already decided in the case of Wal- ker v. Buchanan, (6 C. & P. 552,) upon the principle, that where the law authorizes a person to give extracts from a book in his custody, the law presumes that he will do his duty, and give correct extracts. I there- fore think, that the document produced is sufficiently proved to be an examined copy of the register, and I accordingly admit it." (2) No parson, vicar, minister, or curate shall be obliged to publish the banns of ma- trimony between any persons whatsoever : — This language is an adoption of that, which is embodied in Stat. 26 Geo. 2, c. 33, s. 2, (ante 848,) upon which Lord Chancellor Eldon, in Nicholson v. Squire, (16 Ves. 260,) made the following observations : — " With regard to the clergyman, a notion seems to prevail, that everything is correct, if a paper describing the parties, between whom banns are to be published, being handed up to the clergyman in the usual manner during the service, he publishes them, without more. It is true, that a mar- riage by banns is good; though neither of the parties was resident in the parish : but, if a clergyman, not using due diligence, mar- ries persons, neither of whom is resident in the parish, he is liable at least to ecclesiasti- cal censure; perhaps to other consequences. It has been uniformly said, especially as to marriages in London, that the clergyman cannot possibly ascertain, where the parties are resident : but that is an objection, which a court, before whom the consideration of it may come, cannot hear. The act of parlia- ment, (Stat. 26 Geo. 2, c. 33,) has given the means of making the inquiry: and. if the means provided are not sufficient, it is not a valid excuse to the clergyman, who has not used those means, that he could not find out where the parties were resident, or either of them. If he has used the means given to him, and was misled, he is excusable; but he can never excuse himself, if no inquiry was made. The habit of taking the description of the parties in this loose way makes it very excusable in the individual clergyman; but that is not the notice, intended by the act of parliament; which has a clause, (sect. 2,) ex- pressly requiring, that no parson, vicar, mi- nister, or curate, shall be obliged to publish banns, unless the persons to be married shall, STATUTA GEORGII IV. A.D. 1820—1830. 1235 least before the time required for the first publication of such banns respectively, deliver or cause to be delivered to such parson, vicar, minister, or curate, a notice in writing, dated on the day on which the same shall be so delivered, of their true Christian names and surnames (1), and of the house or houses of their respective seven days at least before the time, required for the first publication of such banns, re- spectively deliver or cause to be delivered to such parson, Sec., a notice in writing of their true Christian and surnames, and (not of the parish, but) of the house or houses of their respective abodes within such parish, &c; and of the time, during which they have dwelt, inhabited, or lodged, in such house or houses respectively. The clergy- man, therefore, has only to repair to the house, in which they are represented to have lived; and to inform himself whether the statement is true. The explanation given by this gentleman, satisfies me, that he did not mean ill ; but, recollecting the extreme dif- ficulty Lord Thurlow had to avoid commit- ting Dr. Markham, I did not think, 1 ought to permit this subject to come to a conclusion without stating publicly the law upon it." Vide Priestley v. Lamb, 6 Ves.421. Millet v. Roivse, 7 Ibid. 419. Bathurst v. Murray, 8 Ibid. 74; and 1 Ves. 155 in not. (1) True Christian names and surnames : —Stat. 26 Geo. 2, c. 33, s. 2, (ante 848,) con- tains in effect similar words. In Rex v. Bil- linyhurst (Inhabitants of), (3M. & S. 250,) where a person whose baptismal and surname was Abraham Langley, was married by banns by the name of George Smith, having been known in the parish where he resided, and was married, by that name only, from his first coming into the parish, till his marriage, which was about three years, it was held, that the marriage was valid: — Lord Ellenbo- rough observing, " All that the law requires on this subject is, that marriages shall be solem- nized either by licence, or publication of banns, otherwise the Stat. 26 Geo. 2, c. 33, s. 8, declares, that they shall be void. The statute does not specify what shall be necessary to be observed in the publication of banns ; or that the banns shall be published in the true names ; but certainly it must be understood, as the clear intention of the legislature, that the banns shall be published in the true names, because it requires, that notice in writing shall be delivered to the minister, of the true Christian and surnames of the par- ties, seven days before the publication ; and unless such notice be given, he is not obliged to publish the banns. The question then is, has there been in this case, that which is required, a due notification by the minister, on a Sunday, in time of divine service, of one of the persons intending to contract marriage. Now it appears, that such notifi- cation has been made by the name of George Smith, by which name alone the party was known in the place where he resided, and which he had borne for three years prior to the celebration of the marriage, in that place, and that he was not known there by any other name. It would lead to perilous con- sequences, if in every case an inquiry were to be instituted, at the hazard of endangering the marriage of a woman, who had every reason to think she was acquiring a legiti- mate husband, whether the name by which the husband was notified in the banns were strictly his baptismal name, or whether at the period of his baptism, he may not have received some other name. What the con- sequences might be of encouraging such in- quiries, as to the avoiding of marriages, and bastardizing the issue of them, it is not very difficult to imagine. The object of the sta- tute in the publication of banns was to se- cure notoriety, to apprize all persons of the intention of the parties to contract marriage ; and how can that object be better attained, than by a publication in the name by which the party is known ? If the publication here had been in the name of Abraham Langley, it would not of itself have drawn any atten- tion to the party, because he was unknown by that name, and its being coupled with the name of the woman, who probably was known, would perhaps have led those who knew her, and knew that she was about to be married to a person of another name, to suppose, either that these were not the same parties, or that there was some mistake. Therefore the publication in the real name, instead of being notice to all persons, would have operated as a deception ; and it is strictly correct to say, that the original name in this case would not have been the true name within the meaning of the statute. On these grounds, I think that the act only meant to require, that the parties should be pub- lished by their known and acknowledged names, and to hold a different construction would make a marriage by banns a snare, and in many instances a ruin upon innocent parties. The court, therefore, cannot lend itself to a construction, which would be preg- nant with such consequences." Vide etiam MlAnernexfs case, 1 Irish Circ. Rep. 270. In Clowes v. Clowes, (3 Curt. 190,) Sir Herbert Jenner Fust observed, "... Where there has been no error as to the person, and no fraud practised in obtaining the licence, that is, such fraud as, if known, would have prevented the granting of the licence, th~ marriage cannot be voided. This I consi- der as the result of the decisions in Cope v. Burt, (1 Consist. 434,) and Cockbum v. Garnault, (cit. Ibid. 435.) ... The only fraud that can be relied upon in this case, consists in the substitution of the name of 'Terry' for that of 'Jones.' I can find no fraud in the mode of obtaining the licence. . . . There was no error de persona, although there may have been error nominis. But in point of fact, in all these cases, the dis- tinction has been established between a mar- riage by banns and a marriage by licence. The publication of banns is a notice to all the world, that the two parties intend to contract a marriage, and the words of the act of par- liament are direct, 'That the true Christian and surname of the parties must be used,' and, therefore, if the banns are published in 4 K 2 Stat. 4 Geo. 4, c. 76. given to mi- nister seven days before publication of banns. 1236 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 4 Geo. 4, c. 76. Ministers not puni.-hable for marrying- mi- nors without consent of pa- rents,&c. unless they have no- tice of dissent; if dissent pub- licly declared, publication of banns void. Republication of banns ne- cessary if mar- riage not so- lemnized within three months. Licences to be granted to marry in the church, &c. of such parish only wherein one of the par- ties resided for fifteen days before. Where caveat entered, no licence to issue till matter examined by judge. Parishes where no church or chapel, and ex- tra-parochial places, deemed to belong to any adjoining parish, &c. Where churches are demolished or under repair, banns to be proclaimed in a church or chapel of an adjoining parish, &c. abodes within such parish or chapelry as aforesaid, and of the time during which they have dwelt, inhabited, or lodged in such house or houses respectively. " VIII. Provided always, and be it enacted hy the authority aforesaid, that no parson, minister, vicar, or curate, solemnizing marriages after the first day of November next, between persons both or one of whom shall be under the age of twenty-one years, after banns published, shall be punishable by ecclesiastical cen- sures for solemnizing such marriages without consent of parents or guardians, unless such parson, minister, vicar, or curate shall have notice of the dissent of such parents or guardians ; and in case such parents or guardians, or one of them, shall openly and publicly declare or cause to be declared, in the church or chapel where the banns shall be so published, at the time of such publication, his, her, or their disssent to such marriage, such publication of banns shall be absolutely void. " IX. And be it further enacted, that whenever a marriage shall not be had within three months after the complete publication of banns no minister shall pro- ceed to the solemnization of the same until the banns shall have been republished on three several Sundays, in the form and manner prescribed in this act, unless by licence duly obtained according to the provisions of this act. "X.(l) And it is hereby further enacted, that no licence of marriage shall from and after the said first day of November be granted by any archbishop, bishop, or other ordinary or person having authority to grant such licences to solemnize any marriage in any other church or chapel than in the parish church or in some public chapel of or belonging to the parish or chapelry within which the usual place of abode of one of the persons to be married shall have been for the space of fifteen days immediately before the granting of such licence. " XI. And be it further enacted, that if any caveat be entered against the grant of any licence for a marriage, such caveat being duly signed by or on the behalf of the person who enters the same, together with his place of residence and the ground of objection on which his caveat is founded, no licence shall issue till the said caveat, or a true copy thereof, be transmitted to the judge out of whose office the licence is to issue, and until the judge has certified to the register that he has examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the licence for the said marriage, or until the caveat be withdrawn by the party who entered the same. " XII. Provided always, and be it further enacted, that all parishes where there shall he no parish church or chapel belonging thereto, or none wherein divine service shall be usually solemnized every Sunday, and all extra-parochial places whatever, having no public chapel wherein banns may be lawfully pub- lished, shall be deemed and taken to belong to any parish or chapelry next adjoin- ing, for the purposes of this act only ; and where banns shall be published in any church or chapel of any parish or chapelry adjoining to any such parish or chapelry where there shall be no church or chapel, or none wherein divine service shall be solemnized as aforesaid, or to any extra-parochial place as aforesaid, the parson, vicar, minister, or curate publishing such banns shall, in writing under his hand, certify the publication thereof in the same manner as if either of the persons to be married had dwelt in such adjoining parish or chapelry. "XIII. (2) Provided always, and be it further enacted and declared, that if the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, be demolished in order to be rebuilt, or be under repair, and on such account be disused for public service, it shall be lawful for the banns to be proclaimed in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, or in any place within the limits of the parish or chapelry which shall be licensed by the bishop of the diocese for the performance of divine service during the repair or rebuilding of the church as aforesaid ; and the false names of both parties, the marriage is invalid. A licence is a dispensation from the necessity of publication of banns, and is granted on such terms and conditions as the ordinary is willing to accept; in this case, the terms are contained in the affidavit to lead the licence, and on the oath of the party, the licence was granted, and the parties mar- ried;— a marriage so solemnized, is not to be set aside on slight grounds." (1) Vide Stat. 6 & 7 Gul. 4, c. 85, s. 1. (2) Vide Stat. 5 Geo. 4, c. 32. STATUTA GEORGII IV. A.D. 1820—1830. 1237 where no sucn place shall be so licensed, then, during such period as aforesaid, the marriage may be solemnized in the adjoining church or chapel wherein the banns have been proclaimed; and all marriages heretofore solemnized in other places within the said parishes or chapeliies than the said churches or chapels, on account of their being under repair, or taken down in order to be rebuilt, shall not be liable to have their validity questioned on that account, nor shall the ministers who have so solemnized the same be liable to any ecclesiastical censure, or to any other proceeding or penalty whatsoever. "XIV. And be it further enacted, for avoiding all fraud and collusion in obtaining of licences for marriage, that before any such licence be granted one of the parties shall personally swear before the surrogate or other person having authority to grant the same, that he or she believeth that there is no impediment of kindred or alliance, or of any other lawful cause, nor any suit commenced in any ecclesiastical court, to bar or hinder the proceeding of the said matrimony according to the tenor of the said licence ; and that one of the said parties hath, for the space of fifteen days immediately preceding such licence, had his or her usual place of abode within the parish or chapelry within which such marriage is to be solemnized ; and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, that the consent of the person or per- sons whose consent to such marriage is required under the provisions of this act, has been obtained thereto : provided always, that if there shall be no such person or persons having authority to give such consent, then, upon oath made to that effect by the party requiring such licence, it shall be lawful to grant such licence notwithstanding the want of any such consent. " XV. Provided always, and be it further enacted, that it shall not be required of any person applying for any such licence to give any caution or security, by bond or otherwise, before such licence is granted ; anything in any act or canon to the contrary thereof notwithstanding. " XVI. And be it further enacted, that the father, if living, of any party under twenty-one years of age, such parties not being a widower or widow ; or if the father shall be dead, the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them ; and in case there shall be no such guar- dian or guardians, then the mother of such party, if unmarried ; and if there shall be no mother unmarried, then the guardian or guardians of the person appointed by the court of Chancery, if any, or one of them, shall have authority to give consent to the marriage (1) of such party ; and such consent is hereby required for Stat. 4 Geo. 4, c. 70. (1) Consent to the marriage: — In Rex v. Birmingham {Inhabitants of), (8 B. & C. 29,) a marriage was solemnized by licence between a man and woman, the former being a minor, whose father was living, and who did not consent to the marriage: — it was held, that it was nevertheless valid, Stat. 4 Geo. 4, c. 75, s. 16, which requires such consent, being [directory only : — Lord Tenterden ob- serving, " We have considered the various statutes referred to by counsel, and are all of opinion, that the marriage in question is valid. A marriage under such circumstances would, by Stat. 26 Geo. 2, c. 33, s. 11, have been void, but. Stat. 3 Geo. 4, c. 75, s. 1, recites that section, and that it had been productive of great evils and injustice, and then proceeds to enact, 1 that so much of the said statute as is hereinbefore recited, as far as the same relates to any marriage to be hereafter so- lemnized, shall be and the same is hereby repealed.' The second section enacted, that marriages theretofore solemnized by licence, without such consent as required by the former act, should be valid, with certain limitations imposed by the third and four following sections. Then the eighth and Oath to be taken before the surrogate as to certain particulars before licence is granted. subsequent sections contained new provi- sions as to granting licences in future. These were repealed by Stat. 4 Geo. 4, c. 17, which restored certain parts of Stat. 26 Geo. 2, c. 33, and some question might be raised, as to whether that part of Stat. 3 Geo. 4, c. 76, remained in force, which repealed the eleventh section of Stat. 26 Geo. 2, c. 33. But that question is now rendered immaterial by Stat. 4 Geo. 4, c. 75, which repealed Stat. 4 Geo. 4, c. 17, and so much of Stat. 26 Geo. 2, c. 33, as was then in force. The only statute, therefore, now to be considered, is Stat. 4 Geo. 4, c. 75, the fourteenth section of which points out the mode in which licences are to be obtained, and the matters to be sworn to by the par- ties or one of them; and one of those mat- ters, where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, is, that the consent of the person or persons whose consent to such marriage is required, under the provisions of this act, has been obtained thereto. Then the sixteenth section specifies the persons who shall have the power to consent, and proceeds, 1 and such consent is hereby re- Bond not to be required before granting licence. Who are to give consent if parties are unVler age. 1238 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 4 Geo. 4, c. 76. If the father of minor be non compos mentis, or if guardians or mother of minor be non compos mentis, or beyond sea, &c. parties may apply to the lord chan- cellor. Surrogate to take oath of office. the marriage of such party so under age, unless there shall be no person authorized to give such consent. " XVII. And be it farther enacted, that in case the father or fathers of the parties to be married, or of one of them, so under age as aforesaid shall be non com-' pos mentis, or the guardian or guardians, mother or mothers, or any of them whose consent is made necessary as aforesaid to the marriage of such party or parties, shall be non compos mentis, or in parts beyond the seas, or shall unreasonably or from undue motives refuse or withhold his, her, or their consent (1) to a proper mar- riage, then it shall and may be lawful for any person desirous of marrying, in any of the before-mentioned cases, to apply by petition to the lord chancellor, lord keeper, or the lords commissioners of the great seal of Great Britain for the time being, master of the rolls, or vice-chancellor of England, who is and are respectively hereby empowered to proceed upon such petition in a summary way ; and in case the marriage proposed shall upon examination appear to be proper, the said lord chancellor, lord keeper, or lords commissioners of the great seal for the time being, master of the rolls, or vice-chancellor, shall judicially declare the same to be so ; and such judicial declaration shall be deemed and taken to be as good and effectual, to all intents and purposes, as if the father, guardian or guardians, or mother of the person so petitioning, had consented to such marriage. " XVIII. Provided always, and be it enacted, that from and after the said first day of November no surrogate hereafter to be deputed by any ecclesiastical judge, who hath power to grant licences, shall grant any such licence until he hath taken an oath before the said judge, or before a commissioner appointed by commission under the seal of the said judge, which commission the said judge is hereby authorized to issue, faithfully to execute his office according to law, to the best of his knowledge, and hath given security by his bond in the sum of one hun- dred pounds to the bishop of the diocese, for the due and faithful execution of his said office. quired for the marriage of such party so under age, unless there shall be no person authorized to give such consent.' The lan- guage of this section is merely to require consent ; it does not proceed to make the marriage void, if solemnized without con- sent. Then the twenty-second section de- clares, that certain marriages shall be null and void, and a marriage by licence without consent is not specified. Thus far, there- fore, the question depends upon the direc- tion in the sixteenth section ; and if there were any doubt upon the construction of that section, it would be removed by the twenty- third, which enacts, that ' if any valid mar- riage solemnized by licence shall be procured by a party to such marriage to he solem- nized between persons, one or both of whom shall be under age, by means of falsely swearing to any matter to which such party is required personally to depose,' not that the marriage shall be void, hut that all the property accruing from the marriage shall be forfeited, and shall be secured for the bene- fit of the innocent party, or the issue of the marriage. This is a penalty for disobeying the direction of the legislature given in the sixteenth section, and is calculated to pre- vent fraudulent and clandestine marriages, by depriving the guilty party of the pecuniary benefit, which is most commonly the induce- ment moving to the fraud. For these reasons it appears to us that the marriage in this case is valid, and the order of sessions right." (I) In case the father. . . . shall be non compos mentis, or in parts beyond the seas, or shall unreasonably or from undue motives refuse or withhold his .... consent: — In Exp. I. C. an infant, (3 M. & C. 471,) it was holden, that the foregoing language did not apply to the case of a father who is beyond the seas, or unreasonably withholds his consent, but only to a case in which he is non compos mentis: — Lord Chancellor Cot- tenham observing, " that, in his opinion, the words ' any of them whose consent,' &c, referred to the persons named in the imme- diately preceding member of the sentence, viz., ' the guardian or guardians, mother or mothers ;' and that the discretionary power of consent vested in the judges of this court, in case the consent should be withheld un- reasonably, or from undue motives, applied exclusively to the case of such guardian or mother so acting. As, however, the point had been under the vice-chancellor's consi- deration, he should take an opportunity of conferring with his honor upon it." Upon a subsequent day, the lord chancellor said, "he had seen the vice-chancellor on the subject of the construction to be put on the Marriage Act in this case. They had looked at the act together ; and they were clearly of opinion that its provisions did not extend to the case of a father beyond seas, or unreasonably with- holding his consent, but solely to the case of a father who was non compos. There could be no doubt, that the order in Exp. Cooper would not have been made, if the act had been properly brought under his honor's atten- tion at the time. The date of the order, being the 19th of August, afforded a very sufficient explanation of the circumstances under which that order was obtained." STATUTA GEORGII IV. A.D. 1820—1830. 1239 " XIX. And be it also enacted, that whenever a marriage shall not be had Stat. 4 Geo. within three months after the grant of a licence by any archbishop, bishop, or 4» c- '6' any ordinary or person having authority to grant such licence, no minister shall If marriages proceed to the solemnization of such marriage until a new licence shall have been no/g^^J^ed obtained, unless by banns duly published according to the provisions of this act. within three " XX. Provided always, and be it further enacted, that nothing hereinbefore months, new contained shall be construed to extend to deprive the Archbishop of Canterbury licence to be and his successors, and his and their proper officers, of the right which hath hitherto 0Dtamed- been used, in virtue of a certain statute made in the twenty-fifth year of the reign of Right of Arch- the late King Henry the Eighth, intituled, 4 An Act concerning Peter Pence and Dis- terbury°to^an" pensations,' of granting special licences to marry at any convenient time or place, grant special " XXI. (1) And be it further enacted, that if any person shall, from and after licences, the said first day of November, solemnize matrimony in any other place than a Persons church, or such public chapel wherein banns may be lawfully published, or at any solemnizing other time than between the hours of eight and twelve in the forenoon, unless by ^^he/^aci special licence from the Archbishop of Canterbury, or shall solemnize matrimony tnan a chUrch without due publication of banns, unless licence of marriage be first had and or chapel, or obtained from some person or persons having authority to grant the same ; or if without banns any person, falsely pretending to be in holy orders, shall solemnize matrimony ^der^retence according to the rites of the church of England ; every person knowingly and 0f being in wilfully so offending, and being lawfully convicted thereof, shall be deemed and holy orders, adjudged to be guilty of felony, and shall be transported for the space of fourteen snau De years, according to the laws in force for transportation of felons : provided that all proSSJ^on prosecutions for such felony shall be commenced within the space of three years to be com- after the offence committed. menced within " XXII. Provided always, and be it further enacted, that if any persons shall tm"ee years, knowingly and wilfully intermarry in any other place than a church, or such Marriage to L( public chapel wherein banns may be lawfully published, unless by special licence personswilfullv as aforesaid, or shall knowingly and wilfully intermarry without due publication marry in any of banns, or licence from a person or persons having authority to grant the same{2), other place first had and obtained, or shall knowingly and wilfully consent to or acquiesce in tlian a cnurch, the solemnization of such marriage by any person not being in holy orders, the banns1 or ^ marriages of such persons shall be null and void to all intents and purposes what- licence, soever. " XXIII. And be it further enacted, that if any valid marriage solemnized by When mar- licence shall, after the said first day of November next, be procured by a party to riage solem- such marriage to be solemnized between persons, one or both of whom shall be nize? between under the age of twenty-one years, not being a widower or widow, contrary to parties under 7 J a^e contrary to the provisions of this act, by means of such party falsely swearing as to any matter this act, by or matters to which such party is hereinbefore required personally to swear, such false oath, or party wilfully and knowingly so swearing ; or if any valid marriage by banns fraud> tne shall, after the said first day of November next, be procured by a party thereto to forfeit aero- be solemnized by banns between persons, one or both of whom shall be under the perty accruing age of twenty-one years, not being a widower or widow, such party knowing that from the such person as aforesaid under the age of twenty-one years had a parent or guardian marriage- then living, and that such marriage was had without the consent of such parent or guardian, and knowing that banns had not been duly published according to the (1) Vide Stat. 6 & 7 Gul. 4, c. 85, s. 39. considerations arise : whether they mean au- (2) Licence from a person or persons thority to grant a licence at all, or authority having authority to grant the same.— The to grant the particular licence required on marriage of parties under a licence from " a the occasion. I am willing, for the present person not having authority to grant the purpose, to take it, that they mean the par- same," is not void by Stat. 4 Geo. 4, c. 76, ticular licence required on the occasion ; s. 22, unless both parties knowingly and wil- then, in my judgment, the whole question fully intermarry by virtue of such licence : turns upon this ; whether the facts and cir- thus, in Dormer v. Williams, (1 Curt. 870,) cumstances are such as to prove that both Dr. Lushington observed, ''Now with respect parties knowingly and wilfullv intermarried to the words in the clause in question, 1 a without a licence from a person having au- licence from a person or persons having au- thority to grant that licence." thority to grant the same,' the following 1240 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 4 Geo. 4, c. 76. Previous agreements to be void. Information to be filed within one year. provisions of this act, and having knowingly caused or procured the undue pub- lication of banns, then1 and in every such case it shall be lawful for his majesty's attorney-general (or for his majesty's solicitor-general in case of the vacancy of the office of attorney-general) by information in the nature of an English bill in the court of Chancery or court of Exchequer, at the relation of a parent or guardian of the minor, whose consent has not been given to such marriage, and who shall be responsible for any costs incurred in such suit, such parent or guardian previously making oath as is hereinafter required, to sue for a forfeiture of all estate, right, title, and interest in any property which hath accrued or shall accrue to the party so offending by force of such marriage ; and such court shall have power in such suit to declare such forfeiture, and thereupon to order and direct that all such estate, right, title, and interest in any property, as shall then have accrued or shall thereafter accrue to such offending party, by force of such marriage, shall be secured under the direction of such court for the benefit of the innocent party, or of the issue of the marriage, or of any of them, in such manner as the said court shall think fit, for the purpose of preventing the offending party from deriving any interest in real or personal estate, or pecuniary benefits from such marriage ; and if both the parties so contracting marriage shall, in the judgment of the court, be guilty of any such offence as aforesaid, it shall be lawful for the said court to settle and secure such property, or any part thereof, immediately for the benefit of the issue of the marriage, subject to such provisions for the offending parties, by way of maintenance or otherwise, as the said court, under the particular circum- stances of the case, shall think reasonable, regard being had to the benefit of the issue of the marriage during the lives of their parents, and of the issue of the parties respectively by any future marriage, or of the parties themselves, in case either of them shall survive the other : provided also, that ino such information as aforesaid shall be filed, unless it shall be made out to the satisfaction of the attor- ney or solicitor-general before he files the same, by oath or oaths sworn before one of the masters in ordinary in Chancery, or before one of the barons of the Exche- quer, and which they are hereby respectively empowered to administer, that the valid marriage to be complained of in such information hath been solemnized in such manner, and under such circumstances, as in the judgment of the said attor- ney or solicitor-general are sufficient to authorize the filing the information under the provisions of this act, and that such marriage has been solemnized without the consent of the party or parties at whose relation such information is proposed to be filed, or of any other parent or guardian of the minor married, to the knowledge or belief of the relator or relators so making oath ; and that such relator or relators had not known or discovered that such marriage had been solemnized more than three months previous to his or their application to the attorney or solicitor-general. " XXIV. And be it further enacted by the authority aforesaid, that all agree- ments, settlements, and deeds, entered into or executed by the parties to any marriage, in consequence of or in relation to which marriage such information as aforesaid shall be filed, or by either of the said parties, before and in contemplation of such marriage, or after such marriage, for the benefit of the parties or either oi them, or their issue, so far as the same shall be contrary to or inconsistent with the provisions of such security and settlement as shall be made by or under the direction of such court as aforesaid, under the authority of this act, shall be abso- lutely void, and have no force or effect. " XXV. Provided always, and be it further enacted, that any original informa- tion to be filed for the purpose of obtaining a declaration of any such forfeiture as aforesaid, shall be filed within one year after the solemnization of the marriage by Avhich such forfeiture shall have been incurred, and shall be prosecuted with due diligence ; and in case any person or necessary party to any such information shall abscond, or be or continue out of England, it shall be lawful for the court in which such information shall be filed, to order such person to appear to such information, and answer the same, within such time as to such court shall seem fit ; and to cause such order to be served on such person at any place out of England, or to cause such order to be inserted in the London Gazette, and such other British or STATUTA GEORGII IV. A.D. 1820—1830. 1241 foreign newspapers as to such court shall' seem proper ; and in default of such person appearing and answering such information within the time to be limited as aforesaid, to order such information to be taken as confessed by such person, and to proceed to make such decree or order upon such information as such court might have made if such person had appeared to and answered such information : pro- vided always, that in case the person at whose relation any such suit shall have been instituted shall die pending such suit, it shall be lawful for the court of Chancery, if such court shall see fit, to appoint a proper person or proper persons at whose relation such suit may be continued. " XXVI. Provided always, and be it further enacted, that after the solemniza- tion of any marriage under a publication of banns, it shall not be necessary in sup- port of such marriage to give any proof of the actual dwelling of the parties in the respective parishes or chapelries wherein the banns of matrimony were published; or where the marriage is by licence, it shall not be necessary to give any proof that the usual place of abode (1) of one of the parties, for the space of fifteen days as aforesaid, was in the parish or chapelry where the marriage was solemnized ; nor shall any evidence in either of the said cases be received to prove the contrary in any suit touching the validity of such marriage. " XXVII. And be it further enacted, that in no case whatsoever shall any suit or proceedings be had in any ecclesiastical court in order to compel a celebration of any marriage in facie ecclesioe, by reason of any contract (2) of matrimony whatso- ever, whether per verba de pra?se?iti> or per verba de futuro, any law or usage to the contrary notwithstanding. " XXVIII. (3) And in order to preserve the evidence of marriages, and to make the proof thereof more certain and easy, and for the direction of ministers in the Stat. 4 Geo. 4, c. 76. Proof of the actual resi- dence of the parties not ne- cessary to the validity of a marriage, whe- ther after banns or by licence. No suit shall be had to compel celebration of marriage by reason of any contract of marriage. Marriages to be in the pre- sence of two witnesses, and to be regis- tered: the said first day of November all marriages shall be solemnized in the presence of two or more credible witnesses, besides the minister who shall celebrate the same ; and that immediately after the celebration of every marriage an entry thereof shall be made in the register book provided and kept for that purpose as by law is now directed, or as shall be hereafter directed ; in which entry or register it shall be expressed that the said marriage was celebrated by banns or licence, and if both or either of the parties married by licence be under age, not being a widower or widow, with consent of the parents or guardians, as the case shall be ; and such and signed, &c entry shall be signed by the minister with his proper addition, and also by the parties married, and attested by such two witnesses ; which entry shall be made in the form or to the effect following ; that is to say, I parish, and C D. of j *J*f } parish, were married in Form- A. B. of this f cnurcn I chapel day of this this banns, 1 licence, ' in the year with consent of J Parents> 1 guardians, this 4 By me, J. J. ' This marriage was solemnized between us, \ ' 1 CD. Rector. Vicar. Curate. { E F in the presence of \ ' * 1 Cr. II. (1) Place of abode :— The words of this section correspond with Stat. 26 Geo. 2, c. 33, s. 10 (ante 849). In Tree v. Quin, (2 Phill. 14,) a libel in a suit for nullity of mar- riage was admitted, so far as it pleaded, that banns were published under an additional Christian name, which did not belong to the woman, but that part of the libel was re- jected, which charged " that neither she, nor her husband, were inhabitants of the parish in the church of which they were married ; or had any house, lodging, or usual place of abode therein :" Sir William Scott stat- ing, " I think the words of the act are so strong, as to bind the court not to admit the article respecting residence. The libel must be reformed as to that article, and ad- mitted." (2) By reason of any contract : — Vide post. 1244, Rex v Brampton (Inhabitants of), 10 East, 282. (3) Vide Stat. 6 & 7 Gul. 4, c. 86, s. I; and Stat. 7 Gul. 4 & 1 Vict. c. 1, s. 1. 1242 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 4 Geo. 4, c. 76. Persons con- victed of making a false entry ; or of forging, &c. any such entry ; or of forging, &c. any licence ; or of destroy- ing such register; to be trans- ported. This act not to affect marriages of royal family. Act not to extend to marriages of Quakers and Jews. Two printed copies of the act to be sent to the ministers of the several parishes, &c. , of which one to be kept in the parish chest. Act only to extend to England. " XXIX. And be it further enacted by the authority aforesaid, that if any per- son shall, from and after the said first day of November, with intent to elude the force of this act, knowingly and wilfully insert or cause to be inserted in the register book of such parish or chapelry as aforesaid any false entry of any matter or thing relating to any marriage ; or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or act or assist in falsely making, altering, forging, or counterfeiting any such entry in such register ; or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or assist in falsely making, altering, forging, or counterfeiting any such licence of marriage as aforesaid ; or utter or publish as true any such false, altered, forged, or counterfeited register as aforesaid, or a copy thereof, or any such false, altered, forged, or counterfeited licence of marriage, knowing such register or licence of marriage respectively to be false, altered, forged, or counterfeited ; or if any person shall, from and after the said first day of Novem- ber, wilfully destroy or cause or procure to be destroyed any register book of mar- riages, or any part of such register book, with intent to avoid any marriage, or to subject any person to any of the penalties of this act; every person so offending, and being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and shall suffer the punishment of transportation for life, according to the laws in force for the transportation of felons. " XXX. Provided always, and be it enacted, that this act or anything therein contained shall not extend to the marriages of any of the royal family. "XXXI. Provided likewise, and be it further enacted, that nothing in this act contained shall extend to any marriages amongst the people called Quakers, or amongst the persons professing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers, or persons professing the Jewish religion respectively. " XXXII. And be it further enacted, that two printed copies of this act shall, as soon as conveniently may be after the passing of this act, be provided by his majesty's printer, and transmitted to the officiating ministers of the several parishes and chapelries in England respectively ; one of which copies shall be deposited and kept, with the book containing the marriage register of such parish or chapelry, in the chest or box provided for the custody of the same. " XXXIII. And be it further enacted, that this act shall extend only to that part of the United Kingdom called England." Stat. 4 Geo. LXIII. Stat. 4 Georgii 4, c. 79(1). [Scotland.] A.D. 1823. 4, c. 79. [Sc.] "An Act for building additional Places of Worship in the Highlands and Islands of Scotland" Stat. 4 Geo. LXIV. Stat. 4 Georgii 4, c. 86 (2). [Ireland.] A.D. 1823. 4, c. 86. [Ir.] ((£n ^C{. tQ amenoi Jjaws for collecting Church Rates and Money advanced by the Trustees and Commissioners of the First-fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands in Ireland" " IX. And whereas great neglect and remissness have taken place in respect of the collection and payment, to the trustees and commissioners of the first-fruits of ecclesiastical benefices in Ireland, of the several sums or instalments of loans made by the said trustees and commissioners for the building and rebuilding of churches or chapels in Ireland, on the faith of parochial assessments, and the applotments for the repayment of such loans, as well as the assessments, have been rendered invalid from want of form therein, and alleged irregularities in respect of the (1) Repealed in part, and other provisions pealed, and other provisions made, by Stat, made, by Stat. 5 Geo. 4, c. 90, and Stat. 3 & 7 Geo. 4, c. 72 ; Stat. 3 & 4 Gul. 4, c. 37 ; 4 Gul. 4, c. 13. Stat. 4 & 5 Gul. 4, c. 90 ; and Stat. 6 & 7 (2) Amended by Stat. 5 Geo. 4, c. 8 ; re- Gul. 4, c. 99. STATUTA GEORGII IV. A.D. 1820-1880. 1243 changing the sites of churches and chapels ; be it therefore declared and enacted, that all churches and chapels already erected and consecrated, or in which divine service is and has been celebrated with the consent of the incumbents or curates of such churches and chapels, and of the archbishops and bishops of the dioceses respectively, are and have been and shall be and be deemed and taken to be the churches and chapels of the respective parishes and districts in which they are respectively situate, notwithstanding that the consent of the lord lieutenant, or other chief governor or governors of Ireland, may not have been obtained to the changing the sites of such churches and chapels, and although the same may have been erected and built before the districts which should form the cures or parishes of such churches and chapels were described and ascertained. " X. And be it further enacted, that all lands and grounds which have been or shall be granted and conveyed as and for the sites of such churches and chapels, or the churchyards belonging to the same, under the provisions of any act or acts for that purpose, or which shall have been or shall be granted or conveyed for the building of any school house, or for the endowment or in trust or for the use of any schoolmaster in Ireland, under the provisions of an act made in the fiftieth year of the reign of his late majesty King George the Third, intituled, 4 An Act for enabling Tenants in tail and for life, and also Ecclesiastical Persons, to grant Land for the Purpose of endowing Schools in Ireland ;' shall become and be and remain absolutely vested in the person or persons, bodies corporate or politic, to whom such lands or grounds was or were or shall be conveyed for any of the pur- poses aforesaid, free from all demands or claims of any body politic or corporate, or person or persons whatever, and without being at any time subject to any question as to any right, title, or claim thereto, or in any manner affecting the same." Stat. 4 Geo. 4, c. 86. [Ir.] Churches built before the site or district were duly ascertain- ed, declared to be churches of their respective parishes. Lands granted for sites of churches, &c. or for building schools under 50Geo.3,c.33, shall remain vested in the persons, &c. to whom the same were conveyed. LXV. Stat. 4 Georgii 4, cap. lxxxix. A.D. 1823. 'An Act to repeal an Act passed in the fifty-fourth year of His late Majesty, for building a new Church within the Town and Parish of Liverpool, in the County Palatine of Lancaster, to vest the said Church and the Ground thereunto belong- ing in the Mayor, Bailiffs, and Burgesses of the Town of Liverpool; to autho- rize the Purchase of Land in the said Town to be appropriated to the Use of Public Cemeteries ; and to restrict the Burial of Corpses in the teries of the Parish Church and Parochial Chapel there" Stat. 4 Geo. 4, CAP. LXXXIX. LXVI. Stat. 4 Georgii 4, c. 91. A.D. 1823. Stat. 4 Geo. "An Act to relieve His Majesty's Subjects from all Doubt concerning the Validity 4' c' 91 * of certain Marriages solemnized Abroad (1)." " Whereas it is expedient to relieve the minds of all his majesty's subjects from any doubt concerning the validity of marriages solemnized by a minister of the (1) Marriages solemnized Abroad :— -The validity of a marriage, celebrated in a foreign country, must be determined in an English court, by the lex loci where the marriage is solemnized. Lacon v. Higgins, D. & R. N. P. C. 38. 3 Stark. N. P. C. 178. Thus, the articles of the law of France, which prescribe the forms essential to mar- riage, but which do not annul a marriage in fact, for non-observance of such forms, are, to be considered as merely directory. But parol evidence is admissible to show, that by the law of France, a marriage in fact, without observance of the requisites pre- scribed by the law of France, is void. Ibid. A marriage between two protestant British subjects, solemnized by a Portuguese Roman catholic priest at Madras, according to the rites of the Roman catholic church, followed by cohabitation, but without the licence of the governor, which it had been uniformly the custom to obtain, was in Lautour v. Teesdale, (8 Taunt. 830,) held to be a valid marriage. A marriage between an Englishman and a domiciled French lady at the house of the British ambassador at Paris, by the chap- lain to the embassy, is a valid marriage under Stat. 4 Geo. 4, c. 91. Thus, in Lloyd v. Petitjean, (2 Curt. 259,) Dr. Lushingion observed, " In considering the admissibility of this libel, I think it most convenient to direct my attention, in the first instance, to the second marriage, pleaded to have taken place in the house of the British ambassa- dor at Paris. "The validity of this marriage must be supported, either by the law as it existed previous to the act of 1823, or by the law as affected by that statute. With respect to this act, I am not aware, that it has re- 1244 STATUTA GE0RG11 IV. A.D. 1820—1830. Stat. 4 Geo. church of England in the chapel or house of any British ambassador or minister 4, c. 91. residing within the country to the court of which he is accredited, or in the chapel ceived, after discussion and deliberation, any judicial construction. I have taken some pains to ascertain, whether, in any court, this question has been judicially determined, namely, whether a marriage in the house of a British ambassador, one of the parties so married only being a British subject, is or is not excluded from the operation of the act ? All I can find is, that a case (that of O'Connor v. Ommaney,) occurred in the court of Chancery in 1837, in which the payment of a sum of money depended upon the validity of a marriage between a British subject and a native of Switzerland, solem- nized in the house of the British ambassador at Naples, and the master reported, that a valid marriage had taken place ; which re- port was not objected to, and being confirmed by the court, a decree passed accordingly. But I do not find that the point of law under- went any discussion or consideration, and I cannot, therefore, regard this case as a ruling decision. I begin by considering the words of the statute itself, without reference to any other in pari materia, and I may first observe, that it is a remedial statute, intended for the redress of what, in the judgment of the legis- lature, was a grievance and hardship, and ac- cording to all rules of legal construction, it is to receive such an interpretation as will meet the evil intended to be remedied ; such a sta- tute must have an extended, not a restricted construction. It is to relieve the minds of all her majesty's subjects from any doubt con- cerning the validity of these marriages ; words which must be construed in an ample, not a confined sense. The statute certainly is not expressed in very satisfactory terms, because not a word is said as to whether it applies to marriages between British subjects alone, or in which one party only is British, or whe- ther it comprehends all marriages solemnized in a British ambassador's chapel. On the other hand, there are no words of exclusion showing it was the intention of the legisla- ture to confine the act exclusively to British subjects ; it declares, that all marriages shall be valid, without exception, and I cannot see on what principle I can put a construction upon the act, which should exclude a mar- riage where one of the parties is a British subject, and the other a foreigner. If I were to do so, I should not carry the act into full effect, for I should not relieve the minds of all her majesty's subjects from doubt. I am, therefore, clearly of opinion, that, provided one of the parties be a British subject, a marriage under the circumstances of the pre- sent case, is valid under the act. This is the conclusion I have formed, from the sta- tute itself ; but another statute had been passed in pari materia that very year , (Stat. 4 Geo. 4, c. 67,) to render valid, marriages had at St. Petersburgh, in the chapel of the Russia company, and in private houses, in which it is expressly enacted, that such mar- riages shall be good, whether both or one of the parties be British subjects ; and it has been strongly and fairly contended, that if the legislature had intended the same thing in the subsequent act, in pari materia, it would have used the same terms. But al- though it be undoubtedly a principle of law, that, in the construction of an act of parlia- ment, you are to look at other statutes in pari materia, yet it is a dangerous doctrine to push too far, especially on the subject of marriage. I find, for instance, in a statute passed in the late reign, (Stat. 3 & 4 Gul. 4, c. 45,) 'to declare valid marriages solem- nized at Hamburgh, since the abolition of the British factory there ;' the same purpose is intended, as in the St. Petersburgh act, but the wording is not the same. I am not unaware of the very great danger that may arise from legalizing in England, marriages had in foreign countries ; that the conse- quences may be these : you may have the status of the parties different in different countries ; you may have the issue of a mar- riage legitimate in one country and illegiti- mate in another ; and cohabitation prohibited in one country, and in another allowed. But these are considerations which fall within the province of the legislature, which has thought fit to pass this act, and it is my duty only to administer the law. " I am of opinion, that the validity of this marriage cannot be impeached, and, conse- quently, that the libel must be rejected. It is unnecessary that 1 should enter into a con- sideration of the law of France, as pleaded, with reference to the first marriage, being of opinion that the second marriage is legal by virtue of the statute." In Rex. v. Brampton (Inhabitants of), (10 East, 282,) it appeared, that British sub- jects in a foreign country, being desirous of intermarrying, went to a chapel for that purpose, where a service in the language of the country was read by a person habited like a priest, and interpreted into English by the officiating clerk ; which service the par- ties understood to be the marriage service of the church of England ; and they received a certificate of the marriage, which was after- wards lost : — it was held to be sufficient evidence whereon to found a presumption, (nothing appearing to the contrary,) that the marriage was duly celebrated according to the law of that country, particularly after eleven years' cohabitation as man and wife, till the period of the husband's death ; and such British subjects being attached at the time to the British army, on service in such foreign country, and having military posses- sion of the place, it seems that such marriage solemnized by a priest in holy orders, (of which this would be reasonable evidence,) would be a good marriage by the law of England, as a marriage contract per verba de prasenti before the Marriage Act, mar- riages beyond sea being excepted out of that act ; and it would make no difference, if so- lemnized by a Roman catholic priest. A marriage in Ireland, performed by a clergyman of the established church of Eng- land, was in Smith v. Maxwell, (1 C. & P. STATUTA GEORGII IV. A.D. 1820—1830. 1245 belonging to any British factory abroad, or in the house of any British subject residing at such factory, as well as from any possibility of doubt concerning the validity of marriages solemnized within the British lines {I) by any chaplain or officer, or other person officiating under the orders of the commanding officer of a British army serving abroad ; be it declared and enacted, and it is hereby declared and enacted,' by the king's most excellent majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that all such marriages as aforesaid shall be deemed and held to be as valid in law as if the same had been solemnized within his majesty's dominions, with a due observance of all forms required bylaw. " II. Provided always, and be it further enacted, that nothing in this act contained shall confirm or impair or anywise affect, or be construed to confirm or to impair or anywise to affect, the validity in law of any marriages solemnized beyond the sea*, save and except such as have been or shall be solemnized in the places, form, and manner, herein specified and recited." Stat. 4 Geo. 4, c. 91 Marriages solemnized abroad by ministers of the church of England, &c. declared as valid as if solemnized in his majesty's dominions. Not to affect the validity of marriages solemnized beyond seas. LXVII. Stat. 4 Georgii 4, c. 96(2). A.D. 1823. "An Act to provide, until the first day of July, One thousand eight hundred and twenty-seven, and until the end of the next Session of Parliament, for the better Administration of Justice in New Sooth Wales and Van Diemen's Land, and for the more effectual Government thereof ; and for other Purposes thereto.1" [Supreme courts to be courts of ecclesiastical jurisdiction.] Sta.t. 4 Geo. 4, c. 96. LXVIII. Stat. 4 Georgii 4, c. 99(3). [Ireland.] A.D. 1823. "An Act to provide for the establishing of Compositions for Tithes in Ireland for a limited Time" Stat. 4 Geo. 4, c. 99. [Ir.] 271,) held to be valid, though it was cele- brated in a room of a private house, and without any special licence having been granted to the parties. A marriage celebrated in Scotland without banns or licence, has been held to be good. Ex parte Hall, 1 Rose, 30. Dalrymple v. Dalrymple, 2 Consist. 64. Harford v. Mor- ris, Ibid. 430. A marriage in Scotland by an infant who was an English subject, without consent, was held good by the court of Delegates. Comp- ton v. Bear croft, Bull. N.P. 113. And in Ilderton v. Ilderton, (2 Black. Hen. 145,) it was holden, that a marriage celebrated in Scotland, (but not between persons who go thither for the purpose of evading the laws of England,) will entitle the woman to dower in England. And that the lawfulness of such a marriage may be tried by a jury. In Robertson v. Crawford, (3 Beav. 103,) it appeared, that A. B., a widow, who was en- titled to a pension durante viduitate, coha- bited with C. D. in Scotland. In regard to society, they held themselves out as man and wife; but with respect to the pension, they acted, as if they were unmarried; and A. B. half yearly, made solemn declarations of widowhood for the purpose of obtaining the pension : it was held, on exceptions, to the master's report, that, on the whole, he was right in finding, that no valid marriage had taken place. (1) Validity of marriages solemnized within the British lines: — The marriage of an officer celebrated by a chaplain of the British army within the lines of the army when serving abroad, is valid under Stat. 9 Geo. 4, c. 91, though such army is not ser- ving in a country in a state of actual hos- tility, and though no authority for the mar- riage was previously obtained from the offi- cer's superior in command. Waldegrave Peerage, 4 C. & F. 649. If the marriage be not in accordance with the lex loci where celebrated, it will be in- valid. Scrimshire v. Scrimshire, 2 Consist. 395; Stephens on Nisi Prius, 18, tit. Mar- riages in a Foreign Country. Where a marriage was solemnized at Antwerp, between two English persons, in the British church, by a protestant clergyman appointed by the English government, but without perform- ance of the Belgian ceremonies : it was held to be void, as being contrary to the lex loci, and not coming within the provisions of the Marriage Act, which permits marriages abroad at an ambassador's, or at a factory chapel. Kent v. Burgess, 5 Jurist, 166. A marriage celebrated at Rome between two persons, protestants, but who, it was alleged, had, in accordance with the law of Rome, abjured the protestant faith, and had been admitted into the Roman catholic church, was declared null and void, on the ground, that such abjuration was fraudulent and co- lourable, and that the parties never were, nor intended to become Roman catholics. Swift v. Swift, 3 Knapp, 303. (2) Repealed bv Stat. 9 Geo. 4, c. 83. (3) Vide Stat. 5 Geo. 4, c. 63 ; Stat. 7 & 8 Geo. 4, c. 60 ; Stat. 2 & 3 Gul. 4, c. 119 ; Stat. 3 & 4 Gul. 4, c. 37 ; Stat. 3 cSc 4 Gul. 4, c. 100 ; and Stat. 1 & 2 Vict. c. 109. 124G STATUTA GEORGII IV. A.D. 1820-1830. Stat. 4 Geo. ' LX1X. Stat. 4 Georgii 4, cap. cvi. A.D. 1823. 4 cap. cvi. "An Act for more effectually repairing and improving the Roads leading from Whitechapel Church, in the County of Middlesex, unto Passingford Bridge, and through and to the end of the several Parishes or Places of Shenfield and Woodford, in the County of Essex, and for other Purposes relating thereto" Stat. 4 Geo. LXX. Stat. 4 Georgii 4, cap. cxvii. A.D. 1823. 4, cap. cxvii. jict for building a Church or Chapel of Ease in the Hamlet of Far Town and Parish of Huddersfield, in the West Riding of the County of York." Stat. 4 Geo. LXXI. Stat. 4 Georgii 4, cap. cxviii. A.D. 1823. 4 CAP, CXVIII* "An Act for extinguishing Tithes and Customary Payments in lieu of Tithes, and all Demands for Easter Offerings, within the London or City Liberty of Saint Andrew, Holborn, in the City of London, and for making Compensation in lieu thereof" Stat. 5 Geo. LXXII. Stat. 5 Georgii 4, cap. iv. A.D. 1824. 4 cctj) iv ' "An Act to amend an Act made in the fourteenth year of the Reign of His late Majesty, for confirming certain Sales and Purchases made by the Governors of the Possessions, Revenues, and Goods of the Free Grammar School of King Edward the Sixth in Macclesfield, in the County of Chester, and to enable them to grant Building Leases of certain of their Estates, and to improve and extend the Benefits of the Foundation of the said School, and for other Purposes therein mentioned '." Stat. 5 Geo. LXXIII. Stat. 5 Georgii 4, cap. v. A.D. 1824. 4, cap. v. uAn Act to amend and render more effectual an Act of His late Majesty, relative to the Asylum for Female Orphans." Stat. 5 Geo. LXXIV. Stat. 5 Georgii 4, c. 8 (1). [Ireland.] A.D. 1824. 4 c. 8. riR'l ' "An Act to amend an Act of the last Session of Parliament, for amending the Laws for the Improvement of Church Lands in Ireland." 4 Geo. 4, c. 86. " Whereas by an act made in the last session of parliament, intituled, ' An Act to amend the Laws for collecting Church Rates, and Money advanced by the Trus- tees and Commissioners of the First-fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands in Ireland,' it is among other things enacted and declared, that the several powers, provisions, and regulations, contained in an act 55 Geo. 3, made in the fifty-fifth year of the reign of his late majesty King George the Third, c* *4^- intituled, 'An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses or Glebe Lands belonging to their Benefices, for others of greater Value, or more conveniently situated for their Residence (2) and Occupation, and for annexing such Houses and Lands so taken in Exchange to such Benefices, as Parsonage or Glebe Houses and Glebe Lands, to become Glebe in certain Cases ; and for other Purposes or such of the powers, regulations, and provisions, contained in the said act, as are applicable or shall be necessary to be applied to benefices in Ireland, shall and may be applied and put in execution for the carrying into effect the purposes of the said recited act with respect to benefices in Ireland, as fully and effectually, to all intents and purposes, as if all the clauses, powers, provisions, and regulations, in the said recited act contained, were repeated and inserted in the (1) Other provisions have been made by 6 & 7 Gul. 4, c. 99. Stat. 7 Geo. 4, c. 72; Stat. 3 & 4 Gul. 4, (2) Residence :— Vide Stat. 7 Geo. 4, c. c. 37; Stat. 4 & 5 Gul. 4, c. 90; and Stat. 66. STATUTA GEORGII IV. A.D. 1820—1830. 1247 body of the said act of last session of parliament, and as if the said clauses, powers, provisions, and regulations, of the said recited act of the said fifty-fifth year, had by the said act been expressly extended and referred to benefices in Ireland : and whereas doubts have arisen as to the application of certain powers contained in the said act of the fifty-fifth year of his late majesty's reign to the execution of the said act in Ireland ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons in this present parliament assembled, and by the authority of the same, that in all cases where, in and by the said recited act of the said fifty-fifth year, any act, matter, or thing, is required to be done with relation to any number of acres of land in the said act mentioned, such acres shall be considered and interpreted to be Irish acres ; and that where any act, matter, or thing, is by the said recited act required to be done by or with relation to the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, every such act, matter, and thing shall be done in Ireland by and with relation to the trustees and commissioners of the first-fruits of ecclesiastical benefices in Ireland ; and that where any act, matter, or thing, is by the said act required to be done by or with relation to the bank of England, or the high court of Chancery, or the lord high chancellor, lord keeper, or lords commissioners of the great seal, or the accountant- general of the court of Chancery in England, every such act, matter, and thing, shall be done in Ireland by and with relation to the bank of Ireland, and the high court of Chancery, and the lord high chancellor, lord keeper, or lords commission- ers of the great seal, and the accountant-general of the court of Chancery in Ireland ; anything in the said recited acts, or either of them, to the contrary thereof in any- wise notwithstanding." Stat. 5 Geo. 4, c. 8. [Ia.] Certain matters required to be done under 55 Geo. 3, c. 147, to be consider- ed as referring to certain mat- ters and officers in Ireland. LXXV. Stat. 5 Georgii 4, cap. viii. A.D. 1824. "An Act for abolishing certain Vicarial Tithes and Easter Offerings within the Parish of Leeds, in the County of York, and for making Compensation in lieu thereof" Stat. 5 Geo. 4, cap. viii. LXXVI. Stat. 5 Georgii 4, cap. xi. A.D. 1824. "An Act for building a Chapel in the Eastern Parts of the Town of Brighthelmston, in the County of Sussex.1" [Proviso for right to tithes, &c. of the Vicar of Brighton; s. 11 ; and for the right of the Bishop of Chichester, s. 12.] Stat. 5 Geo. 4, cap. xi. LXXVII. Stat. 5 Georgii 4, cap. xviii. A.D. 1824. (An Act for vesting certain Parts of the Entailed Estates of Sir Thomas Smyth, Baronet, situate in the County of Essex, in Trustees for Sale, and for investing the Proceeds thereof in the Purchase of Lands lying intermixed with other Estates in the said County, standing settled to the like Uses; and also for effectuating the Exchange of part of such last mentioned Estates for certain Glebe Lands belonging to the United Rectories of Thoydon Mount and Stapleford Tawney, in the said County, and for other Purposes." Stat. 5 Geo. 4, cap. xviii. LXXVIIT. Stat. 5 Georgii 4, cap. xx. A.D. 1824. Stat. 5 Geo. (An Act to revive and amend an Act of the forty-ninth year of His late Majesty, 4' CAP* xx' for building a Chapel of Ease in the Town of Worthing, in the County of Sussex." LXXIX. Stat. 5 Georgii 4, cap. xx. A.D. 1824. Stat. 5 Geo. 'An Act to enable the Vicar, for the time being, of the Parish and Parish Church 4» caP- xx* of Eccles, in the County Palatine of Lancaster, to grant Building Leases of the Glebe Lands belonging to the said Vicarage." 1248 STATUTA GEORGII IV. A.D. 1820-1830. LXXX. Stat. 5 Georgii 4, cap. xxi. A.D. 1824 " An Act for building a Church or Chapel of Ease, in the Township of Roundhay, and Parish of Barwick in Elmet, in the West Riding of the County of York." Stat. 5 Geo. LXXXI- Stat. 5 Georgii 4, eap. xxiii. A.D. 1824. 4 ccij) xxiii "An Act for uniting the Rectory of Clifton Maybank, otherwise Clifton, in the County of Dorset, with the Vicarage of Bradford Abbas, otherwise Bradford, in the same County ; and for an Exchange of part of the Glebe Lands of the said Vicarage for Lands of the Most Honourable Henry William, Marquess of Anglesey, and the Right Honourable Henry Paget, commonly called Earl of Uxbridge, his eldest Son, in the same Parish; and for apportioning the Rec- torial and Vicarial Tithes of the said Parish of Milbome Port; and for an Exchange between the Warden and Scholars, Clerks of Saint Mary College of Winchester, near Winchester, and the said Marquess and Earl, of the Manor and Impropriate Rectory and Advowson of the Vicarage of Milbome Port, in the County of Somerset, and divers Lands and Hereditaments in the Parish of Milbome Port, for the Manor of Sherborne Wyke, and divers Farms and Lands and Impropriate Tithes in the Parishes of Sherborne, Bradford Abbas, and Thomford, in the County of Dorset, and for the Advowsons of the said Rectory of Clifton Maybank and Vicarage of Bradford Abbas" Stat. 5 Geo. 4, CAP. xxi. Stat. 5 Geo. Ay c.25. [Ir.] Irish act, 9 Gul. 3. Provision in recited act as to burying in monasteries, &c. repealed. Not to autho- rize burying in such places where not so used for ten years, &c. LXXXII. Stat. 5 Georgii 4, c. 25. [Ireland.] A.D. 1824. 'An Act to repeal so much of an Act passed in the ninth year of the Reign of King William the Third, as relates to Burials in Suppressed Monasteries, Abbeys, or Convents in Ireland; and to make further Provision with respect to the Burial in Ireland, of Persons dissenting from the Established Church." " Whereas by an act of the parliament of Ireland, passed in the ninth year of the reign of King William the Third, intituled, ' An Act for banishing all Papists exercising any Ecclesiastical Jurisdiction, and all Regulars of the Popish Clergy, out of the Kingdom ;' it is amongst other things enacted, that no person whatso- ever should, from and after the twenty-ninth of December, one thousand six hun- dred and ninety-seven, bury any dead in any suppressed monastery, abbey, or convent, not made use of for celebrating divine service according to the liturgy of the church of Ireland by law established, or within the precincts thereof, under pain of forfeiting ten pounds, to be recovered as therein mentioned : and whereas it is expedient that the said provision should be repealed ; be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said provision shall, from and after the passing of this act, stand and be repealed ; provided always, that nothing herein contained shall authorize the burying any dead in any suppressed monastery, abbey, or convent, or within the precincts thereof, where the same have not been within ten years usually employed for such purposes, unless with the permission of the proprietor of the place on which the suppressed monastery, abbey, or convent is situated. " II. And whereas the easement of burial in the churchyards of protestant churches has been long enjoyed by all classes of his majesty's subjects; but such burial may not by law be allowed, unless the burial service ordained by the Liturgy of the church of Ireland as by law established, shall be celebrated thereat by the rector, vicar, curate, or other officiating minister of the church of Ireland, in whose churchyard such burial shall be had, or by some person in holy orders of the church of Ireland, duly authorized by him : and whereas such minister of the church of Ireland may not by law dispense with the celebration of such service, or permit the substitution of any other service in lieu thereof; to the end thereof that all classes of his majesty's subjects may be permitted to have the said easement of STATUTA GEORGII IV. A.D. 1820—1830. 1249 burial according to the rites of the several religions professed by them ; be it en- acted, that from and after the passing of this act it shall and may be lawful for the officiating minister of the church of Ireland by law established, in each and every parish in Ireland, upon application being made to him in writing, by any clergy- man or minister of any church or congregation not being of the established church of Ireland, duly authorized by law to officiate in such church or congregation, stating the death of any member or members of such church or congregation, for permission to perform the burial service at the grave of such person or persons in the churchyard of such parish, according to the rites of such church or congrega- tion, to grant permission accordingly ; provided always, that such permission for the performance of such burial service at the grave, according to the rites of such church or congregation, shall be in writing ; and that in order to prevent any inter- ruption of, or interference with the celebration of any of the rites of the church of Ireland by law established, such interment and service shall be had and cele- brated at such time only as shall be appointed in such permission by such offi- ciating minister of the church of Ireland. " III. And be it further enacted, that if such permission shall in any case be withheld, the cause of withholding the same shall be specially and distinctly declared, in writing, by such officiating minister of the church of Ireland, one part of which written declaration shall forthwith be delivered to the person making such application as aforesaid, and one other part thereof shall be forthwith trans- mitted to the bishop of the diocese in which such churchyard shall be situated, and shall be by him transmitted forthwith, signed by the register of such diocese, to the lord lieutenant or other chief governor or governors of Ireland. u IV. And be it further enacted, that it shall not be necessary for such offici- ating minister of the church of Ireland to celebrate, nor shall he celebrate the burial service ordained by the liturgy of the church of Ireland as by law established, at the interment of any person not being of the established church of Ireland, unless at the desire of the person so applying, at the interment of such person, specified in the application and permission ; any law, canon, or usage to the contrary not- withstanding. " V. And be it further enacted, that if after such permission granted as aforesaid, any person or persons shall obstruct or interrupt the performance of the said burial service at the grave of the person specified in such permission, such person or per- sons so obstructing or interrupting shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor." Stat. 5 Geo. 4, c. 25. [Ir.] Officiating parish mini- sters may grant permission to clergymen not of the church of Ireland duly authorized to perform burial service. Permission for performance of burial service to be in writing; and interment and service had at time appointed. If permission withheld, cause declared by officiating minister in writing. Officiating minister not to celebrate burial service unless re- quired. Obstructing burial service deemed a mis- demeanor. LXXXIII. Stat, o Georgii 4, c. 27. [Ireland.] A.D. 1824. Stat. 5 Geo. "An Act to explain and amend an Act of the Parliament of Ireland passed in the 4' °* 27" '-lR# thirty-eighth year of the Reign of His Majesty King George the Third, for the better ascertaining the Amount and securing the Payment of the Bills of Costs of Proctors, employed in carrying on and defending Suits and transacting Busi- ness in the High Court of Admiralty, in His Majesty's Court of Prerogative, in the Court of Delegates, and in all Ecclesiactical Courts within the Kingdom of Ireland" " Whereas by an act passed in the parliament of Ireland, in the thirty-eighth Irish act, year of his majesty King George the Third, intituled, < An Act for the better ascer- 38 Geo- 3' taining the Amount, and securing the Payment of the Bills of Cost of Proctors employed in carrying on and defending Suits and transacting Business in the High Court of Admiralty, in His Majesty's Court of Prerogative, in the Court of Dele- gates, and in all Ecclesiastical Courts within the Kingdom of Ireland,' it was amongst other things provided, that from and after the first day of June, one thousand seven hundred and ninety-eight, no proctor of his majesty's court of Prerogative, or of his majesty's high court of Admiralty, court of Delegates, or of any ecclesiastical court in this kingdom, should commence or maintain any action or suit at law or otherwise, for the recovery of any fees, charges, or disbursements, which should on or before the first day of June, one thousand seven hundred and ninety-eight, or 4 L 1250 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 27. [Ia.] Proctors of courts in Ire- land to write their bills of costs, &c. in the English language. at any time after the said day, be or become due or owing to him, in any proceed- ings in any of the said courts, until the expiration of one month or more after such proctor should have delivered unto the party or parties to be charged there- with, or left for him, her, or them, at his, her, or their dwelling-house or last place of abode, a bill of such fees, charges, and disbursements, written in a com- mon legible hand, and in the English tongue, (except law terms or names of such proceedings in such courts as are usually expressed in other languages,) and in words at length, (except times and sums : ) and whereas the said provision hath been found inconvenient, and it is just and reasonable that the law of Ireland should, with respect to the mode of writing such bills of costs, be assimilated to the law of England ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, it shall and may be lawful to and for every proctor of the aforesaid courts in Ireland, to write his bills of fees, charges, and disbursements, with such abbreviations as are now commonly used, in the English language ; anything in any former law to the contrary notwith- standing-." Stat. 5 Geo. 4, cap. xxviii. LXXXIV. Stat. 5 Georgii 4, cap, xxviii. A.D. 1824. "An Act to commute, for a Corn Rent, certain Tithes and Dues payable to the Vicar of the Parish of Lancaster, in the County of Lancaster." [Corn rents to be in satisfaction of tithes and dues, except tithes of fish. ss. 22, 25, 29.] Stat. 5 Geo. 4. c. 32. 4 Geo. 4, c. 76. LXXXV. Stat. 5 Georgii 4, c. 32(1). A.D. 1824. "An Act to amend an Act passed in the last Session of Parliament, intituled, An Act for amending the Laws respecting the Solemnization of Marriages in England" " Whereas by an act passed in the fourth year of the reign of his present majesty, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England,' it is provided, that if the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, be de- molished in order to be rebuilt, or be under repair, and on such account be dis- used for public service, it shall be lawful for the banns to be proclaimed in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, or in any place within the limits of the parish or chapelry which shall be licensed by the bishop of the diocese for the performance of divine ser- vice during the repair or rebuilding of the church as aforesaid ; but it is not pro- vided that marriages may be solemnized in such place so licensed : and whereas it is further provided, that where no such place shall be so licensed, then during such period as aforesaid the marriage may be solemnized in the adjoining church or chapel wherein the banns have been proclaimed ; but it is not provided that marriages may be solemnized by licence in such adjoining church or chapel as aforesaid : and whereas it is provided that all marriages theretofore, but it is not provided that marriages thereafter solemnized in other places within the said parishes or chapelries, than the said churches or chapels, on account of their being under repair, or taken down in order to be rebuilt, shall not be liable to have their validity questioned on that account : and whereas it is provided, that the ministers who have so solemnized the same shall not be liable to any ecclesias- tical censure, or to any other proceeding or penalty whatsoever ; but it is not provided that the ministers who shall thereafter solemnize such marriages shall not be liable to such censure or other proceeding or penalty : and whereas it is expedient that marriages heretofore and hereafter solemnized in such place so (1) Vide Stat. 11 Geo. 4 & 1 Gul. 4, c. 18. STATUTA GEORGII IV. A.D. 1820—1830. 1251 licensed as aforesaid, during the repair or rebuilding of any church or chapel, or if no such place shall be so licensed, then in a church or chapel of some ad joining parish or chapehy, whether by banns lawfully proclaimed, or by licence lawfully granted, should not have their validity questioned on account of their being so solemnized : and whereas it is expedient that the ministers who shall have so solemnized the same should not be liable to any ecclesiastical censure, or to any other proceeding whatsoever : therefore be it enacted, and it is hereby enacted by the king's most excellent majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, all marriages which have been heretofore solemnized or which shall be hereafter solemnized in any place within the limits of such parish or chapelry so licensed as aforesaid for the performance of divine service during the repair or rebuilding of the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, or if no such place shall be so licensed, then in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, whether by banns lawfully published in such church or chapel, or by licence lawfully granted, shall not have their validity questioned on account of their having been so solemnized ; nor shall the ministers who have so solemnized the same be liable to any ecclesiastical censure, or to any other proceeding whatsoever. " II. And be it further enacted, that all licences granted by any archbishop, bishop, or other ordinary or person having authority to grant such licences for the solemnization of marriages in the church of any parish or chapel of any chapelry wherein marriages have been usually solemnized, shall be deemed and taken to be licences for the solemnization of marriages in any place within the limits of such parish or chapelry which shall be licensed by the bishop of the diocese for the per- formance of divine service during the repair or rebuilding of any such church or chapel, or if no such place shall be so licensed, then in the church or chapel of any adjoining parish or chapelry wherein marriages have been usually solemnized. " III. And be it further enacted, that all banns of marriage proclaimed, and all marriages solemnized according to the provisions of this act, in any place licensed as aforesaid, within the limits of any parish or chapelry, during the repair or rebuilding of the church or chapel of such parish or chapelry, shall be consi- dered as proclaimed and solemnized in the church or chapel of such parish or chapelry, and shall be so registered accordingly." LXXXVI. Stat. 5 Georgii 4, cap. xxxvii. A.D. 1824. "An Act for extending to other Estates belonging to the See of Canterbury the Poioers of an Act passed in the forty-seventh yeat of the Reign of His Majesty King George the Third, and of an Act passed in the first year of the Reign of His present Majesty, for enabling the Archbishop of Canterbury to grant Build- ing Leases and Repairing Leases." Stat. 5 Geo. 4, c. 32. Validity of marriages solemnized in certain places where churches or chapels are under repair, &c. not to be questioned. Licences for solemnization of marriages in churches, &c. deemed to extend to any place within the limits of the parish, licensed for the performance of divine service while church is under repair, &c. Banns pro- claimed and marriages solemnized in such licensed places shall be considered as done in the church of the parish. Stat. 5 Geo. 4, cap. xxxvii. LXXXVII. Stat. 5 Georgii 4, cap. xxxviii. A.D. 1824. Stat 5 Geo "An Act to empower the Governors and Corporation of Etwall Hospital and Rep- 4> caP- xxxviii- ton Free School, in the County of Derby, to extend and increase the Objects of that Charity, and to make Sales, and for other Purposes therein mentioned:' LXXXVIII. Stat. 5 Georgii 4, cap. xl. A.D. 1824. Stat 5 Geq "An Act for taking down, rebuilding, and enlarging Maidenhead Chapel, in 4> CAP- XL- the County of Berks" 4 L 2 1252 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 41. From October 10, 1824, duties men- tioned in sche- dule annexed to cease; as also the duties on bonds on commissions of bankrupt ; on bonds on replevy of goods; and also on copy of wills or power of attorney, deposited in any ecclesias- tical court. Arrears excepted. Stamps ren- dered useless may be sent to the stamp office to be exchanged for others within six months after October 10, 1824, and if necessary com- missioners may pay the differ- ence. How suits for the protection of stamp duties may be brought. LXXXIX. Stat. 5 Georgii 4, c. 41 (1). A.D. 1824. "An Act to repeal certain Duties on Law Proceedings in the Courts in Great Britain and Ireland respectively, and for better protecting the Duties payable upon Stamped Vellum, Parchment, or Paper" 4 Whereas it is expedient to repeal the several stamp duties payable for or in respect of the several instruments hereinafter mentioned ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the tenth day of October, one thousand eight hundred and twenty-four, the several stamp duties or sums of money now payable in Great Britain and Ireland respectively, upon or for or in respect of the several instruments, matters, or things mentioned, described, and set forth in the schedule to this act annexed ; and also upon or for or in respect of any bond to be given to the lord chancellor, lord keeper, or commissioners of the great seal of Great Britain or Ireland respectively, for the time being, by any creditor or creditors petitioning for a commission of bankrupt ; and also upon or for or in respect of any bond to be given in Great Britain or Ireland to any sheriff or other person upon the replevy of any goods or chattels ; and also for or upon or in respect of the assignment of any of such bonds ; and also for or upon or in respect of any copy or extract of any will or codicil deposited in any ecclesiastical court in Great B tain or Ireland ; and also for or upon or in respect of any letter or power of attorney or proxy filed in any such ecclesiastical court ; and also for or in respect of the vellum, parchment, or paper upon which any such instrument, matter, or thing, bond, assignment, copy or extract, letter or power of attorney or proxy, shall be written or printed, shall cease and determine ; save and except such of the said respective duties or sums of money, or so much and such part or parts thereof, as shall have become or shall or may be payable or become due before or upon the said tenth day of October, one thousand eight hundred and twenty-four, and remain in arrear or unpaid afterwards ; all which duties and sums of money, or any part or parts which shall remain so in arrear or unpaid as aforesaid, shall be recoverable by the same ways and means, and with such and the same penalties, and in such and the same manner in all respects, as if this act had not been made. " II. And be it further enacted, that it shall be lawful for all persons having in their possession any stamped vellum, parchment, or paper, not made use of, and which by the operation of this act shall have been or shall be rendered unfit for the instruments, proceedings, matters, or things for which the same was originally intended, to send such stamped vellum, parchment, or paper to the head office of stamps in England, Scotland, or Ireland respectively, at any time within six calen- dar months from and after the said tenth day of October, one thousand eight hun- dred and twenty-four ; and it shall be lawful for the commissioners of stamps in Great Britain and Ireland respectively to cause the stamps upon such vellum, parchment, or paper to be cancelled, and to deliver out in lieu thereof other stamps as near as may be of equal value in the whole with the stamps so cancelled, and, if necessary, to pay the difference out of any monies in the hands of the receiver general of the stamp duties in Great Britain or Ireland respectively. " III. And whereas' it is expedient to make provision for the better protecting the duties payable to his majesty, his heirs and successors, upon stamped vellum, parchment, or paper ; be it therefore further enacted, that in any suit, prosecution, or proceeding to be brought against any person or persons, or body or bodies politic or corporate, for the taking or detaining, or for the losing, damaging, or destroying of any vellum, parchment, or paper upon which any stamp or stamped mark or (1) Under Stat. 55 Geo. 3, c. 184, sched. pt. 1, and Stat. 5 Geo. 4, c. 41, sched. pt. 2, a protocol of appeal, being a notarial act, requires a 5v. stamp; and the court of Arches having decided on that ground, against the validity of an appeal from the Consis- tory, the defect is not cured by a stamp affixed previous to the hearing in the court of Delegates, on an appeal from that deci- sion. Smyth v. Smyth, 4 Hagg. 72. STATUTA GEORGII IV. A.D. 1820—1830. 1253 marks denoting any duty or duties imposed by law hath been impressed or put, or Stat. 5 Geo. for any other cause of action or proceeding relating to the same respectively, such 4, c. 41. suit, prosecution, or proceeding shall and may be commenced, instituted, and pro- ceeded in in the name of his majesty, his heirs and successors, or in the name of the attorney or solicitor general in England or Ireland, or of the advocate or soli- citor general in Scotland respectively for the time being, for and on behalf of his said majesty, his heirs and successors ; and that in all such suits, prosecutions, or proceedings, the property in such vellum, parchment, or paper so stamped, marked, and impressed as aforesaid, shall be described to be and shall be deemed and taken to be in his majesty, his heirs and successors, and that the value of the same respectively shall be deemed and taken to be the amount of the value of the vellum, parchment, and paper, and of the stamp duty or stamp duties denoted by the stamp or stamps, mark or marks, so impressed and put upon the same respectively ; and further, that in every prosecution for embezzling or stealing such vellum, parch- ment, or paper so stamped, marked, and impressed as aforesaid, or for any other offence for or relating to the same respectively, it shall be sufficient in the indict- ment or information to state and describe the property in the same to be in his majesty, his heirs and successors, which property shall be deemed and taken to be vested in his said majesty, his heirs and successors, accordingly.'* " The Schedule to which this Act refers. "II. Proceedings in the Ecclesiastical Courts, and in the High Court of Delegates in Ecclesiastical Matters in England, Duty. e s. d. Affidavit... to be filed, read, or used in any suit in any of the said courts 0 5 0 0 5 0 Answer.... in any of the said courts 0 5 0 Appeal ... from any definitive sentence or final decree, or from any interlocutory decree, or order of the court of Arches, or the Prerogative court of Can- terbury or York 15 0 0 Citation ... issuing out of any of the said courts 0 5 0 Commission.. . issuing out of the said courts in any suit 0 5 0 Copy (i.e. office copy).... of any affidavit filed, read, or used in any of the said courts 0 5 0 Copy {i.e. office copy).... of any citation or monition issued out of any of the said courts 0 5 0 Copy (i.e. office copy). ...of any libel, allegation, answer, interrogatories, depo- sitions, or inventory, filed or exhibited in any of the said courts 0 5 0 Copy (i.e. office copy). ...of any interlocutory decree or order, or of any definitive sentence or final decree of any of the said courts 0 5 0 Decree.. . final or definitive sentence in any of the said courts 0 5 0 Depositions. ...taken in any of the said courts, or by commission from the same.... 0 5 0 Inhibition.... issuing out of any of the said courts 0 5 0 Interrogatories.... filed or exhibited in any of the said courts 0 5 0 Inventory.. . filed or exhibited in any suit in any of the said courts 0 5 0 Libel.. . filed or exhibited in any of the said courts 0 5 0 Monition ...issuing out of any of the said courts 0 5 0 Sentence ...definitive or final decree of any of the said courts 0 5 0 Warrant, mandate or authority.... given to any proctor to commence, carry on, or defend any suit or prosecution in any of the said courts, for the memo- randum or minutes thereof to be entered or filed of record . 0 5 6 1254 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. II. Proceedings in the Ecclesiastical Courts, and in the High Court of Delegates in ^' c* 4** Ecclesiastical Matters, in Ireland. Duty. £ 8. d. Affidavit. .. to be filed, read, or used in any suit in any of the said courts 0 2 0 Allegation.... in any of the said courts 0 4 0 Answer.... in any of the said courts 0 4 0 Appearance.... on the entry of each appearance in the court of Prerogative, and in the Consistorial court in Dublin, for each and every defendant named in such entry 0 4 0 Appearance.... in any other ecclesiastical court in Ireland; on the sheet or piece of paper on which the appearance of each defendant shall be entered, and not on the entry thereof 0 2 0 Appeal ... from any definitive sentence or final decree, or from any interlocutory decree or order of the Prerogative court, or from the metropolitan side of any archiepiscopal court 10 0 0 Appeal ... from any diocesan court, or from the consistorial side of any archie- piscopal court 5 0 0 Citation.. . primary, issuing out of any of the said courts, not otherwise charged 0 7 6 Citation ...not primary, issuing out of any of the said courts, not otherwise charged 0 5 0 Citation. .. in any suit for tithes 0 1 0 Copy.... attested or otherwise, issuing out of the said courts, of any affidavit filed, read, or used in any suit in any of the said courts 0 0 3 Copy.... attested or otherwise, issuing out of the said courts, of any inventory filed or exhibited in any suit in any of the said courts, for each sheet con- taining any quantity of words 0 5 0 Copy. .. of any citation, monition, mandate, prohibition, summons, or requisition, issuing out of the said courts, for service on any party impugnant or other party, or any proctor or other person on behalf of such party 0 5 0 Copy.... of every citation in suits for tithes 0 1 0 Copy . ..attested or otherwise, issuing out of the said courts, of any other process, of what nature or kind soever 0 5 0 Copy ... attested or otherwise, issuing out of the said courts, of any libel, allega- tion, answer, interrogations, or depositions, filed or exhibited in any of the said courts, for each and every skin of parchment or sheet of paper con- taining any quantity of words 0 1 0 Copy.... attested or otherwise, issuing out of any of the said courts, of any inter- locutory decree or order, or of any definitve sentence or final decree of any of the said courts 0 5 0 Copy. . . attested or otherwise, issuing out of any of the said courts, of any rule or order made or given on any petition or motion, or otherwise, in any suit, whether such rule or order shall be made in open court or otherwise, and not otherwise charged 0 10 Decree. ...final or definitive sentence, or any other interlocutory, having the force of a definitive sentence, in any of the said courts, not otherwise charged .... 0 10 0 Decree... final or definitive sentence, or any other interlocutory, having the force of a definitive sentence, in any of the said courts, in suits for recovery of tithes 0 10 Depositions.... taken in any of the said courts, or by commission from the same. .. 0 5 0 Dismiss 0 7 6 Exception.... to allegation, libel, answer, deposition, report, or other pleading, upon each and every sheet of paper or skin of parchment containing such exception or exceptions 0 5 0 Interrogatories.. . filed or exhibited in any of the said courts 0 4 0 Inventory. .. filed or exhibited in any suit in any of the said courts 0 5 0 Libel... filed or exhibited in any of the said courts 0 4 0 Mandate ... issuing out of the said courts 0 5 0 Monition... issuing out of any of the said courts 0 5 0 Petition. .. on the entry of any rule or order in any suit in the high court of Delegates, in the courts of Prerogative, and Consistorial courts in Dublin, except in suits for tithes, or otherwise 0 3 0 STATUTA GEORGII IV. A.D. 1820—1830. 1255 Duty. Stat. 5 Geo. Petition. ..in any suit in any other ecclesiastical court, on the sheet or pieoe of paper on which t'he same shall be written 0 3 0 Petition ...in any ecclesiastical court in any suit for tithes 0 10 Process. ...of contempt for not appearing or for not answering, upon each 0 5 0 Process ... of whatsoever other nature or kind, not otherwise charged, that shall issue out of the said courts 0 5 0 Release.. . of any kind, relating to any proceeding carrying on in the said courts, and not otherwise charged 0 10 0 Renunciation.. . in any suit in the said courts 0 10 0 Requisition. .. in any suit in the said courts 0 7 6 Rule . ..or order, on the entry thereof, made or given on any petition or motion in any suit in the high court of Delegates and in the court of Prerogative and Consistorial court in Dublin, whether such rule or order shall be made in open court or otherwise 0 10 Rule. ...or order made in any suit in any other ecclesiastical court, on each sheet or piece of paper on which the same shall be written 0 10 Sentence.. . interlocutory 0 10 0 Sentence.. . definitive, or final decree or order, having the force thereof, of any of the said courts 0 10 0 XC. Stat. 5 Georgii 4, cap. l. A.D. 1824. Stat. 5 Giio. "An Act for enlarging the Powers and Provisions of an Act of His late Majesty, 4' CAP> L* intituled, An Act for taking down and rebuilding the Parish Church of Black- burn, in the County Palatine of Lancaster, and for providing additional Burial Ground, and for equalizing the Church Rates in the said Parish, and other Purposes" XCI. Stat. 5 Georgii 4, c. 58 (1). A.D. 1824. Stat. 5 Geo. "An Act to continue for four years, and from thence until the end of the then next 4' c* 58' Session of Parliament, the Powers of the Commissioners for inquiring concern- ing Charities in England and Wales." XCII. Stat. 5 Georgii 4, c. 63 (2). [Ireland.] A.D. 1824. Stat. 5 Geo. "An Act to amend an Act of the last Session of Parliament, for providing for 4» c" 63, tlR-] the establishing of Compositions for Tithes in Ireland." Stat. 5 Geo. XC1II. Stat. 5 Georgii 4, cap. lxiii, A.D. 1824. "An Act for raising a further Sum of Money for carrying into execution an Act 4» CAP* lxiii. passed in the fifty-ninth year of the Reign of His late Majesty King George the Third, intituled, An Act for repairing and improving, or rebuilding, the Church at Bamsley, in the West Riding of the County of York, and for im- proving and enlarging the Churchyard and Burial Grounds thereof; and for amending the said Act." XCIV. Stat. 5 Georgii 4, cap. lxiv. A.D. 1824. Sta„ 5 Ge0# "An Act for taking down and rebuilding the Body of the Church or Ancient 4, cap. lxiv. Parochial Chapel of Ease of Oldham, within the Parish of Prestwich-cum- Oldham, in the County Palatine of Lancaster, for providing additional Burial Ground, and for equalizing the Church Rates, and other Purposes" (1) Vide Stat. 10 Geo. 4, c. 57; Stat. 1 2 & 3 Gul. 4, c. 119 ; Stat. 3 & 4 Gul. 4, & 2 Gul. 4, c. 34 ; and Stat. 5 & 6 Gul. 4, c. 37 ; Stat. 3 & 4 Gul. 4, c. 100; and Stat, c. 71. 1 & 2 Vict. e. 109. (2^ Vide Stat. 7 & 8 Geo. 4, c. 60 ; Stat. 1256 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 68. 57Geo.3,c.5] repealed. Marriages that have taken place, not adjudged to be void, declared to be valid. Marriages hereafter to be celebrated by persons in or- ders, except, &c. Power to se- cretary of state or governor, &c. to grant licences to persons em- ployed in the duties of a teacher or preacher of religion to celebrate mar- riages within the colony. Such persons to take the oath prescribed by 52 Geo. 3, c. 155. Such licensed persons em- powered to celebrate mar- riages in cases vhere the wo- XCV. Stat. 5 Georgii 4, c. 68(1). A.D. 1824. i%An Act to repeal an Act passed in the fifty-seventh year of the Reign of His late Majesty King Geoage the Third, intituled, An Act to regulate the Celebration of Marriages in Newfoundland; and to make further Provision for the Celebra- tion of Marriages in the said Colony and its Dependencies." "Whereas it is expedient that an act made in the fifty-seventh year of the reign of his late majesty King George the Third, intituled, 4 An Act to regulate the Celebration of Marriages in Newfoundland,' should be repealed, and that further and more effectual provision should be made for the celebration of mar- riages in Newfoundland ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the autnority of the same, that from and after the twenty-fifth day of March, in the year one thousand eight hundred and twenty-five, the said recited act of the fifty-seventh year of the reign of his said late majesty shall be and the same is hereby repealed: provided always, that all marriages which have taken place at any time before the passing of this act in Newfoundland, and which have not been declared and adjudged to be void or invalid by any court of competent jurisdiction, and all marriages which shall take place in Newfoundland previously to the twenty-fifth day of March, in the year one thousand eight hundred and twenty-five, shall be and the same are hereby declared to be as good and valid as if the said recited act had not been passed or made ; anything in the said recited act to the contrary in anywise not- withstanding. " II. And be it further enacted, that all marriages which may hereafter be had in Newfoundland shall be celebrated by persons in holy orders, except in the cases hereinafter specially excepted and provided for. " III. And whereas by reason of the great extent of the said island of New- foundland, and the want of internal communication between the different parts of the said island during the greater part of the year, difficulties have arisen with respect to the solemnization of marriages in various settlements and stations there ; and it is expedient that temporary provision be made for the legal solemnization of marriages in such settlements or stations as aforesaid ; be it therefore enacted, that it shall and may be lawful for one of his majesty's principal secretaries of state, or for the governor or acting governor for the time being of the colony of Newfoundland, to grant licences or a licence to celebrate marriages within the said colony or its dependencies, to any person or persons who shall employ themselves or himself solely in the duties of a teacher or preacher of religion in the said colony, and who shall not follow or engage in any trade or business, or other pro- fession, occupation, or employment, for their or his livelihood, except that of a schoolmaster : provided always, that no such licence as aforesaid shall be granted to any such persons or person as aforesaid, unless they or he shall first have taken the oath and subscribed the declaration specified in an act passed in the fifty-second year of the reign of his late majesty King George the Third, intituled, 4 An Act to repeal certain Acts and amend other Acts relating to Religious Worship and Assemblies, and Persons teaching or preaching therein,' and shall have produced a certificate thereof to his majesty's said principal secretary of state, or to the governor or acting governor of Newfoundland, as the case may be ; or unless such persons or person shall take the said oath and subscribe the said declaration before the governor or acting governor of the said colony, who is hereby authorized and required to administer such oath and to tender such declaration to the persons or person requiring to take and make and subscribe the same. " IV. And be it further enacted, that it shall and may be lawful for any person, to whom any such licence as aforesaid shall be granted in manner afore- said, to celebrate marriages between any persons resident in the said colony of Newfoundland or its dependencies, in any case where, by reason of the difficulty of the internal communication between different parts of the said colony or its (1) Continued by Stat. 10 Geo. 4, c. 17, and Stat. 2 & 3 Gul. 4, c. 78. STATUTA GEORGII IV. A.D. 1820-1830. 1257 dependencies, the woman about to be married could not, without inconvenience, Stat. 5 Geo. repair from her ordinary place of abode, for the purpose of contracting such 4, c- °8- marriage, to some church or chapel of or belonging to the established church of man could not England wherein divine service is regularly performed ; and if any such person as rePair without aforesaid shall celebrate any marriage by virtue of any such licence as aforesaid, in t^some^sta-6 any case wherein such inconvenience as aforesaid shall not exist, the person so blished church offending shall incur and become liable to the payment of a fine not less than ten or chapel. pounds, nor more than fifty pounds British sterling money, and shall forfeit and f^^f^7 be deprived of such his licence : provided nevertheless, that every marriage actually riage wnere celebrated within the said colony or its dependencies by any person having any such case does such licence as aforesaid shall be good and valid to all intents and purposes, and not exist. shall not be rendered invalid by reason of any such illegality as aforesaid on the Mamage va)itl c . i i • notwithstand- part of the person celebrating the same. "V. And be it further enacted, that no such person to whom any such licence Such mar- may be so granted as aforesaid shall celebrate or perform marriage between any riages to be in persons in Newfoundland, except in the presence of two credible witnesses : and if Presence ot two witnesses any such person shall celebrate or perform any marriage between any persons in Newfoundland, except in the presence of two credible witnesses, he shall incur and become liable to the payment of a fine not less than ten pounds, nor more than Penalty, fifty pounds British sterling money ; but the want of such witnesses shall not invalidate the marriage. " VI. And be it further enacted, that every person by whom any marriage Certificate of shall be celebrated or performed in Newfoundland at any time after the twenty- marriages fifth day of March in the year one thousand eight hundred and twenty-five, shall, ^^l*^^/ under the penalty of five pounds British sterling money, within twelve calendar gong to bTde- months next following such marriage, deliver or cause to be delivered to the secre- livered to the tary of the governor or acting governor of the said island, or to the incumbent or minister of officiating minister of some church or chapel of the established church of England, J^e^church in the towns of Saint J ohn's Harbour, Grace in Conception Bay, or Trinity Har- ^ the towns hour in Trinity Bay, in the said island, a certificate thereof in writing, subscribed herein men- with his own name, and writh the names or marks of the parties married, together tioned within with the names of two credible witnesses present at such marriages ; and every g^™t°no£S' such certificate shall be made in form following ; (that is to say,) 5j y " ' Marriage solemnized at in the Island of Newfoundland : Form of cer- " < This is to certify, that A. B. [the man married], of and tlficate' C. D. [the woman married], of , 'tvere married at this in the year of our Lord , by me, j? p { Clergyman in holy orders, or preacher I licensed to celebrate marriages. [ A.B. " ' This marriage was solemnized between us, 3 and I CD. in the presence of us, \ f of , Witnesses present at the said ' /. A. of j marriage.' " Ana* De it further enacted, that whenever any such certificate of mar- Such certifi- riage as aforesaid shall be delivered to the secretary of the governor, or to the cates t0 be incumbeut or officiating minister of anv such church or chapel of the established entered j" tbe church of England as aforesaid, he shall, within seven days next after the receipt 3 ZiT of every such certificate, and upon the payment or tender to him of one shilling and no more, enter or cause to be entered a true and correct copy thereof in a public book or register of marriages, to be by him kept for that purpose ; and such public book or register shall be kept and remain at the office of the said secretary, or at such church or chapel of the established church of England as aforesaid, and shall be open to the inspection of any person or persons requiring to consult or examine the same, at all convenient hours ; and the said secretary, or the said A copv of the incumbent or officiating minister shall make and deliver to any and every person entl>' t0 be who shall demand the same, a true copy of any entry contained in the said public 1258 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 5 Geo. book or register of marriages, attested by him, in the form following; (that is to 4,c. 68. say^ " ' A true copy, extracted from the public register of marriages of the secre- tary's office, or of the church or chapel of in Newfoundland, by me, K. L., Government Secretary, or Incumbent, or Officiating Minister of such church or chapel/ " And the said government secretary, or the said incumbent or officiating minister of such church or chapel, shall carefully preserve and file all the original certificates of marriage, so that reference may be had to the same in like manner as to the said register. Book of regis- " VIII. And be it further enacted, that any such public book or register of ter or attested marriages in Newfoundland, or such attested copy as aforesaid of any entry in any evidence^6 SUC^ Pu^c D00^ or register of marriages, the handwriting of the said government secretary, or of the attesting minister being duly proved, shall be deemed and taken to be, and shall for all purposes be received as good and sufficient evidence of the due celebration of any marriage in Newfoundland, which by such book or register, or by such attested copy, shall appear or purport to have been celebrated ; and every such marriage shall, upon the production of such book or register, or of such attested copy, and proof as aforesaid, be deemed and taken to have been duly performed and celebrated. Not to extend " IX. Provided always, and be it enacted, that nothing in this act contained to the mar- relating to marriages in Newfoundland shall extend to any marriages amongst the quakers &c people called Quakers, or amongst the persons professing the Jewish religion, where both the parties to any such marriage shall be of the people called Quakers or persons professing the Jewish religion respectively. Continuance of " X. And be it further enacted, that this act shall continue and be in force for five years from the passing thereof, and no longer." act. Stat. 5 Geo. XCVII. Stat. 5 Georgii 4, c. 72. [Scotland.] A.D. 1824. 4, c. 72. [Sc.] , "An Act for amending and rendering more effectual an Act for augmenting Parochial Stipends, in certain Cases, in Scotland" Stat. 5 Geo. XCVII1. Stat. 5 Georgii 4, cap. lxxiv. A.D. 1824. 4, cap. lxxiv. "An Act to amend and enlarge the Powers of several Acts, so far as the same relate to the Right of Voting at Vestries of the Parish of Saint John South- wark, in the County of Surrey, and to establish a Select Vestry within the said Parish." Stat. 5 Geo. XCIX. Stat. 5 Georgii 4, c. 79. A.D. 1824. 4 c. 79. <(,An Act to enable certain Persons to receive and hold Offices in the Management, Collection., and Receipt of the Revenue, without taking or subscribing certain Oaths and Declarations." [All subjects may take and enjoy any offices in the revenue, without previ- ously taking the oath of supremacy.] Stat. 5 Geo. C. Stat. 5 Georgii 4, c. 80. [Ireland.] A.D. 1824. 4, c. 80. [Ir.] 6t£n yor disappropriating, disuniting, and divesting from and out of the Chan- cellors, Archdeacons, and Precentors of the Diocese of Connor, in the County of Antrim, in Ireland, (after the Decease or Removal of the present Incumbent,) certain Rectories and the Rectorial Tithes thereof, parts of the Corps of the said respective Dignities ; and for annexing and uniting the said respective Rectories when so disappropriated, and the Rectorial Tithes thereof, to the respective Vicarages of the said several Rectories, whereby the Incumbent of each Parish and Rectory shall have the actual Cure of Souls, and for other Purposes." Corps of which " Whereas the corps of the chancellorship of the cathedral church of Connor, the chancellor- m the diocese of Connor, consists of the rectories of MilltoAvn otherwise Bally- STATUTA GEORGII IV. A.D. 1820—1830. 1259 wellan, Saint Johnstown otherwise Siginstown otherwise Bally rashane, Calfeigh- Stat. 5 Geo. tron otherwise Cufaghtrin, Ramoan, Loughgale otherwise Loughgeel, and Teck- 4, c. 80. [In.] macrevan otherwise Glenarm, all situate, lying, and being in the county of Antrim, ship of the and to the said chancellorship perpetually annexed and appropriated ; and that the ^urchof Con- chancellors for the time being have received the rectorial tithes of the said parishes nor consists. and rectories, the present income whereof, taken together, as leased by the Reverend William Trail, D.D., the present chancellor of the said diocese of Connor, during his incumbency, is eight hundred and fifty pounds per year or thereabouts, but which are of considerable greater annual value, as hereinafter is mentioned : and Corps of the whereas the corps of the archdeaconry of the said diocese of Connor consists of the archdeaconry, rectories of Billy, Ballyclug, Armoy, Donegore, and Kilbride, all situate, lying, and being in the said county of Antrim, to the said archdeaconry perpetually annexed and appropriated ; and that the Archdeacons of Connor for the time being have received the rectorial tithes of the said last-mentioned parishes or rectories, the present income whereof, taken together, as received by the Reverend Anthony Trail, D.D., the present archdeacon of the said diocese of Connor, during his incumbency, is six hundred pounds per year or thereabouts, but which are of con- siderably greater annual value, as hereinafter is also mentioned : and whereas the Corps of the corps of the precentorship of the cathedral church of the diocese of Connor consists precentorship. of the rectories of Ballymoney and Dunluce, both in the said county of Antrim, thereto perpetually annexed and appropriated ; and that the Reverend Richard Symes, clerk, the present precentor of the said cathedral church of Connor, and his predecessors, precentors, have uniformly received the tithes, great and small, of the said parish of Ballymoney, and the rectorial tithes of the said parish or rectory of Dunluce ; the present income whereof, taken together, as received by the said Richard Symes, the present precentor, is eight hundred pounds yearly or there- abouts, but which are of greater annual value, as hereinafter is mentioned : and whereas each of the said several and respective rectories or parishes so appropriated as aforesaid to the chancellor, archdeacon, and precentor of the said diocese of Con- nor respectively, save the said parish of Ballymoney, have within them vicarages endowed, and the chancellor and archdeacon have not either of them the actual cure of souls within the said parishes or rectories so appropriated to their dignities, or any of them, except in the parish of Ballymoney, the actual cure being in the respective vicars ; but the precentor has the actual cure of souls in the said parish of Ballymoney, the same being an entire rectory : and whereas the vicarial tithes of the before-named several and respective parishes, in which it is hereinbefore stated that there are vicarages endowed, belong to and are received by their respec- tive vicars ; but several of the same vicarages being of inconsiderable yearly value, the predecessors of the Right Reverend Richard Mant, doctor in divinity, the pre- sent Lord Bishop of Down and Connor, in order to provide for the suitable maintenance of the vicars having the actual cure of souls, have been under the necessity from time to time of forming episcopal unions of some of those vicarages ; and accordingly the vicarages of Milltown otherwise Ballywellan, and of Saint Johnstown otherwise Siginstown otherwise Ballyrashane, are at present so united under one incumbent, who receives the vicarial tithes of such union, the present value whereof is less than one hundred pounds a year ; and the vicarages of Cal- feightron otherwise Cufaghtrin and Ramoan, are in like manner united under one incumbent, who receives the vicarial tithes of the union, the present value whereof is seventy-five pounds per year or thereabouts ; and the vicarages of Loughgule otherwise Loughgeel and Armoy, are in like manner united under one incumbent, who receives the vicarial tithes of such union, the present value whereof is one hundred and fifty pounds a year or thereabouts, but the said vicarage of Loughgule is of very inconsiderable value, and the vicarage of Teckmacrevan otherwise Glen- arm, being of very small value, it was found necessary to unite it episcopally with another vicarage in the said diocese called Templeoughter, and the same are now united under one incumbent ; and the said last-mentioned union, although aug- mented from Primate Boulter's fund, does not amount in present value to more than one hundred pounds a year ; and the vicarial tithes of the aforesaid parish of 1260 STATUTA GEORG1I IV. A.D. 1820—1830. Stat. 5 Geo. Billy are of the present annual value of two hundred pounds or thereabouts ; and 4, c.80. [Ir.] the said vicarage of Ballyclug, the vicarial tithes whereof do not exceed in value twenty-two pounds yearly, has been and is episcopally united to the impropriate curacy of Ballynnena, in the said county of Antrim, under one incumbent, the yearly value of which last-mentioned union, including an augmentation from Primate Boulter's fund, does not now exceed eighty-four pounds yearly ; and the vicarages of the said parishes of Donegore and Kilbride are episcopally united under one incumbent, and the value of the said last-mentioned union does not exceed three hundred pounds a year ; and the annual value of the vicarage of the said parish of Dunluce is one hundred pounds or thereabouts ; and the annual value of the said several and respective rectories of Milltown otherwise Bally- wellan, Saint Johnstown otherwise Siginstown otherwise Ballyrashane, Calfeigh- tron, Loughgule, Ramoan, Teckmacrevan otherwise Glenarm, Annoy, Billy, Ballyclug, Donegore, Kilbride, Ballymoney, and Dunluce, are as follows ; that is to say, Milltown otherwise Bally wellan, three hundred pounds or thereabouts ; Saint Johnstown otherwise Siginstown otherwise Ballyrashane, three hundred and fifty pounds or thereabouts ; Calfeightron, four hundred pounds or thereabouts ; Loughgule, four hundred pounds or thereabouts ; Ramoan, four hundred pounds or thereabouts ; Teckmacrevan otherwise Glenarm, from seventy pounds to one hundred pounds or thereabouts ; Armoy, one hundred and sixty pounds or there- abouts ; Billy, three hundred and thirty pounds or thereabouts ; Ballyclug, one hundred pounds or thereabouts ; Donegore, two hundred and fifty pounds or there- abouts ; Kilbride, two hundred and fifty pounds or thereabouts ; Ballymoney, one thousand two hundred pounds or thereabouts ; and Dunluce, two hundred pounds or thereabouts : and whereas the Lord Bishop of Down and Connor for the time being is the patron, not only of the aforesaid chancellorship, archdeaconry, and precentorship, but of all and every the vicarages hereinbefore mentioned : and whereas it will be highly beneficial to the church establishment of that part of the United Kingdom called Ireland, that the rectorial tithes of all the said several and respective parishes or rectories, so as aforesaid appropriated to the chancellorship of the said cathedral church of Connor, save and except the said rectory or parish of Ramoan, shall be vested in the respective vicars of the said parishes (save as afore- said) from and after the death or removal of the said William Trail, the present chancellor ; and for that purpose, that the said last-mentioned rectories and recto- rial tithes, save as aforesaid, shall be disappropriated, disunited, and divested from and out of the chancellors of the said cathedral church, and annexed and united to the vicarages of the said respective last mentioned to be disappropriated parishes or rectories, from and after the death or removal of the said William Trail, the pre- sent chancellor ; and that in like manner the rectorial tithes of all and singular the said parishes or rectories so as aforesaid appropriate and belonging to the said arch- deaconry (save and except the said parish of Billy) shall be vested in the respective vicars of and within the said respective last-mentioned parishes (except as afore- said), from and after the death or removal of the said Anthony Trail, the present archdeacon of the said diocese ; and for that purpose that all the said rectories and rectorial tithes, so as aforesaid appropriated and belonging to the said archdeaconry (save the said parish of Billy), shall be disappropriated, disunited, and divested from and out of the archdeacons of the said diocese of Connor, and for ever annexed and united to the vicarages of and within the said last mentioned to be disappro- priated parishes or rectories, from and after the death or removal of the said Anthony Trail, the present archdeacon ; and that the said vicarage of Ramoan shall be reunited to the rectory of the same parish, and so appropriated to the said chancellorship, and that the vicarage of Billy shall be reunited to the rectory o£ the same parish of Billy, and be so appropriated to the said archdeaconry ; thus vesting in the chancellors and archdeacons respectively the actual cure of souls, from and after the death or removal of the present vicars of Ramoan and Billy respectively ; and that each of the said several and respective rectories, when so disappropriated, shall, with its respective vicarage, form one parish and benefice : Also expedient and whereas it will also be highly beneficial to the said church establishment, that Patron. Expedient that the rectorial tithes should be vested in the vicars. STATUTA GEORGII IV. A.D. 1820—1830. 1261 the said rectory of Dunluce shall be disappropriated and disunited from the said precentorship ; and that from and after the death or removal of the said Richard Symes, the present precentor, the said rectory and rectorial tithes of Dunluce shall be united and annexed to the vicarage of Dunluce, and be vested in the vicars of Dunluce, so as that the rectory and vicarage of Dunluce shall together form one parish and benefice with cure of souls ; leaving as the corps of the said precentor- ship the rectory or parish of Ballymoney only *: and whereas the said Richard Mant, Lord Bishop of Down and Connor, the patron of the said chancellorship, archdeaconry, and precentorship of the diocese of Connor, and of all and every the vicarages hereinbefore mentioned, has consented that the before-mentioned objects shall be carried into effect; but the same cannot be attained or effected without the aid and authority of parliament : may it therefore please your majesty, upon the petition of the Right Reverend Richard Mant, patron, and the humble petition of the Reverend William Trail, chancellor, the Reverend Anthony Trail, archdeacon, the Reverend Richard Symes, precentor, and the several persons therein named, vicars of the said several parishes hereinbefore mentioned, that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that the rectory and rectorial tithes of the said parish of Milltown otherwise Ballywellan, so as aforesaid appro- priated to the chancellor of the said diocese of Connor, shall, from and immediately after the death or removal of the said William Trail, the present chancellor, be and for ever afterwards shall remain vested in the vicar of the said parish of Milltown otherwise Ballywellan ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall from such the death or removal of the said William Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the chancellorship of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Milltown otherwise Ballywellan; and that the said last-mentioned rectory, when so disappropriated, shall with its vicar- age form one parish and benefice. " II. And be it further enacted, that the rectory and rectorial tithes of the said parish of Saint Johnstown otherwise Siginstown otherwise Ballyrashane, so as afore- said appropriated to the chancellor of the said diocese of Connor, shall, from and immediately after the death or removal of the said William Trail, be and for ever afterwards shall remain vested in the vicar of the said parish of Saint Johnstown otherwise Siginstown otherwise Ballyrashane ; and that the said last-mentioned rectory, and the rectorial, tithes thereof, shall, from such the death or removal of tiie ?aid William Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the chancellorship of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Saint Johnstown otherwise Siginstown otherwise Ballyrashane ; and that the said last-mentioned rectory, when so disappropriated, shall with its vicarage form one parish and benefice. " III. And be it further enacted, that the rectory and rectorial tithes of the said parish of Calfeightron otherwise Cufaghtrin, so as aforesaid appropriated to the chancellor of the said diocese of Connor, shall, from and immediately after the death or removal of the said William Trail, be and for ever afterwards shall remain vested in the vicar of the said parish of Calfeightron; and that the said last- men- tioned rectory, and the rectorial tithes thereof, shall, from such the death or remo- val of the said William Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the chancellorship of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Calfeightron, otherwise Cufaghtrin ; and that the said last-mentioned rectory, when so disappro- priated, shall with its vicarage form one parish and benefice. " IV. And be it further enacted, that the rectory and rectorial tithes of the said parish of Loughgule otherwise Loughgeel, so as aforesaid appropriated to the chancellor of the said diocese of Connor, shall, from and immediately after the death or removal of the said William Trail, be and for ever afterwards shall remain Stat. 5 Geo. 4, c. 80. [Ir.] that the rectory of Dunluce should be dis- appropriated from the pre- centorship. Rectory of Milltown to become vested Rectory of St. Johnstown to become vested in the vicar, &c. Rectory of Calfeightron to become vested in vicar, &c. Rectory of Loughgule to become vested 1262 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 5 Geo. 4,c.S0. [Jr.] Rectory of Teckmacrevan to become vested in vicar. Rectory of Ballyclug to become vested in vicar. Rectory of Armoy to become vested Rectory of Donegore to become vested Rectory of Kilbride to become vested in vicar. vested in the vicar of the said parish of Loughgule otherwise Loughgeel ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said William Trail, and for ever afterwards, be disap- propriated, disunited, and divested from and out of the chancellorship of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Loughgule otherwise Loughgeel ; and that the said last-mentioned rec- tory, when so disappropriated, shall with its vicarage form one parish and benefice. " V. And be it further enacted, that the rectory and rectorial tithes of the said parish of Teckmacrevan otherwise Glenarm, so as aforesaid appropriated to the chancellor of the said diocese of Connor, shall, from and immediately after the death or removal of the said William Trail, be and for ever afterwards shall remain vested in the vicar of the said parish of Teckmacrevan otherwise Glenarm ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said William Trail, and for ever afterwards, be disappro- priated, disunited, and divested from and out of the chancellorship of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Teckmacrevan otherwise Glenarm; and that the said last-mentioned rectory, when so disappropriated, shall with its vicarage form one parish and benefice. " VI. And be it further enacted, that the rectory and rectorial tithes of the said parish of Ballyclug, so as aforesaid appropriated to the archdeacon of the said diocese of Connor, shall, from and immediately after the death or removal of the said Anthony Trail, the present archdeacon of Connor, be and for ever afterwards shall remain vested in the vicar of the said parish of Ballyclug ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said Anthony Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the archdeacons of the said diocese of Connor, and annexed and united to the vicarage of the said parish of Ballyclug ; and that the said last-mentioned rectory, when so disappropriated, shall with its vicarage form one parish and benefice. " VII. And be it further enacted, that the rectory and rectorial tithes of the said parish of Armoy, so as aforesaid appropriated to the archdeacon of the said diocese of Connor, shall, from and immediately after the death or removal of the said Anthony Trail, be and for ever afterwards shall remain vested in the vicar of the said parish of Armoy ; and that the said last -mentioned rectory, and the rec- torial tithes thereof, shall, from such the death or removal of the said Anthony Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the archdeacons of the said diocese of Connor, and annexed and united to the said parish of Armoy ; and that the said last-mentioned rectory, when so dis- appropriated, shall with its vicarage form one parish and benefice. " VIII. And be it further enacted, that the rectory and rectorial tithes of the said parish of Donegore, so as aforesaid appropriated to the archdeacon of the said diocese of Connor, shall, from and immediately after the death or removal of the said Anthony Trail, be and for ever afterwards shall remain vested in the vicar of the said parish of Donegore ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said Anthony Trail, and for ever afterwards, be disappropriated, disunited, and divested from and out of the archdeacons of the said diocese of Connor, and annexed and united to the vicarage of the said parish of Donegore ; and that the said last-men- tioned rectory, when so disappropriated, shall with its vicarage form one parish and benefice. " IX. And be it further enacted, that the rectory and rectorial tithes of the said parish of Kilbride, so as aforesaid appropriated to the archdeacon of the said diocese of Connor, shall, from and immediately after the death or removal of the said Anthony Trail, be and for ever after shall remain vested in the vicar of the said parish of Kilbride ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said Anthony Trail, and for ever afterwards, be disappropriated, disunited, and divested, from and out STATUTA GEORGJI IV. A.D. 1820—1830. 1203 of the archdeacons of the said diocese of Connor, and annexed and united to the vicarage of the said parish of Kilbride ; and that the said last-mentioned rectory, when so disappropriated, shall with its vicarage form one parish and benefice. " X. And be it further enacted, that from and immediately after the decease or removal of the present incumbent of the said vicarage of Ramoan in the said county of Antrim, the said vicarage shall be and shall for ever thereafter continue reunited to the rectory of the said parish of Ramoan, and be from thenceforward appropri- ated to the chancellor of the said cathedral church for the time being, who shall for ever thereafter be vested with the actual cure of souls. " XI. And be it further enacted, that from and immediately after the death or removal of the present incumbent of the said vicarage of Billy, in the said county of Antrim, the said vicarage shall be and for ever thereafter continue reunited to the rectory of the said parish of Billy, and be from thenceforward appropriated to the archdeacon of the said diocese of Connor for the time being, who shall for ever thereafter be vested with the actual cure of souls. " XII. And be it further enacted, that the rectory and rectorial tithes of the said parish of Dunluce, in the said county of Antrim, so as aforesaid appropriated to the precentor of the said cathedral church of the said diocese of Connor, shall, from and immediately after the death or removal of the said Richard Symes, the present precentor of the said cathedral church of Connor, be and for ever after- wards shall be vested in the vicar of the said parish of Dunluce ; and that the said last-mentioned rectory, and the rectorial tithes thereof, shall, from such the death or removal of the said Richard Symes, and for ever afterwards, be disappropriated, disunited, and divested from and out of the precentors of the said cathedral church of Connor, and annexed and united to the vicarage of the said parish of Dunluce ; and that the said last-mentioned rectory, when so disappropriated, shall with its vicarage form one parish or benefice with cure of souls ; and that from thenceforth the said rectory, and the rectorial tithes of the said parish of Ballymoney, in the said county of Antrim, shall be, remain, and for ever continue the corps of the precentor of the said cathedral church of Connor. " XIII. Saving and reserving always to the king's most excellent majesty, and to all and every other person or persons, bodies politic and corporate, his, her, and their executors and successors, (other than the said Richard Mant, lord bishop of Down and Connor, the patron of the said chancellorship, archdeaconry, and pre- centorship, and of all and every the said vicarages hereinbefore mentioned consent- ing hereto, and every future bishop of the said diocese, and every future chancellor of the said diocese, and every future archdeacon of the said diocese, and every future precentor of the said cathedral church, and every future rector and viear of the said several parishes,) all such estates, titles, rights, interests, claims, and demands of, into, or out of all or any of the said chancellorship, archdeaconry precentorship, rectories, and vicarages, as they, every or any of them, had before the passing of this act, or could, should, or might have had, enjoyed, claimed, or demanded, in case this act had not been made. . "XIV. And whereas by an act made in the parliament of Ireland, in the second year of the reign of King George the First, intituled, ■ An Act for the real Union and Division of Parishes,' it is among other things enacted, that all acts of parliament for the uniting or disuniting of particular parishes or parts of parishes, or erecting particular churches, shall be deemed as public and general acts, in all courts and by all persons, and that no fees shall be paid or taken by any person or persons for passing any such act of parliament : and whereas it is expedient that a like provision should be made in this case ; be it therefore enacted, that this pre- sent act is and shall be deemed a public and general act, and shall be judicially taken notice of as such in all courts, and by all judges, justices, and others, without being specially pleaded ; and that no fees shall be paid or taken by any person or persons for the passing the same." Stat. 5 Geo. 4, c. 80. [Ik.] Vicarage of Ramoan to be reunited to the rectory. Vicarage of Billy to be reunited to the rectory. Rectory of Dunluce to become veste I in the vicar. Saving clause. Public act. 2 Geo. 1. Ir. 1264 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 81. [Ia.] Parish of Kil- ternan united with the parish of Bray. CI. Stat. 5 Georgii 4, c. 81. [Ireland.] A.D. 1824. "An Act for separating the Parish or Vicarage of Bray from the Parish of Kil- Union of the parishes of Kilteman and Kilgobban desired by the inhabitants, with a new church. Parish of Kil- teman shall be disunited from Bray, and united with Kilgobban i»itoone parish ternan, and for uniting the said Parish of Kilteman with the Parish of Kil- gobban, situate in the Barony of Rathdoivn and County of Dublin, in Ireland." " Whereas the parish of Kilternan, in the county and diocese of Dublin, has been episcopally united to and forms a part of the parish or union of Bray, in the county of Wicklow, and is situated at a considerable and inconvenient distance, the nearest part being four miles, and other parts six miles, from the parish church of Bray, the only church of the said union ; and it is therefore expedient that the said parish should be separated and disunited from the parish or vicarage of Bray : and whereas the said parish of Kilternan adjoins to the parish of Kilgobban, in the county and diocese of Dublin, and the glebe lands and glebe house of the perpetual curate or minister of the said parish of Kilgobban are situated within the bounds and limits of the said parish of Kilternan : and whereas there is not any church in the said parish of Kilternan, and the church of the said parish of Kilgobban is small and inconvenient, and much out of repair, and wholly incapable of accom- modating the protestant inhabitants of the parish of Kilgobban, and cannot be enlarged or repaired by reason of the decay of its walls, and of its local situation ; and the inhabitants of the said parish of Kilgobban, comprehending a poor and mountainous district, are unable to contribute to the rebuilding of the said church of Kilgobban : and whereas the respective inhabitants of the said parishes of Kil- ternan and Kilgobban, with the consent and approbation of his grace the now Lord Archbishop of Dublin and Bishop of Glandelough, the patron of the said parish or vicarage of Kilternan ; the Honourable and Reverend Charles Knox, the incumbent of the said parish or union of Bray ; the Reverend Henry Kearney, perpetual curate of the said parish or cure of Kilgobban ; and the Venerable John Torrens, the Archdeacon of Dublin, who is entitled in right of his archdeaconry to nominate the perpetual curate of the said parish of Kilgobban, are desirous that the said parishes of Kilternan and Kilgobban should be united and made one entire parish, to be called * The Parish of Kilternan ;' and that a new church shall be forthwith erected and built on the glebe lands aforesaid, convenient to and capable of accom- modating the inhabitants of the said parishes of Kilternan and Kilgobban ; the said Henry Kearney, the present curate of Kilgobban, and the said Archdeacon of Dub- lin, first conveying a sufficient quantity of the said glebe land for the site of a church and churchyard to the churchwardens of the said parish to be called * The Parish of Kilternan,' and their successors, churchwardens for ever, of the said parish, for the use of the said parish : and whereas the trustees and commissioners of the first-fruits of the several benefices in Ireland have lately granted the sum of nine hundred pounds for building a church in the said parish of Kilternan, wherein there has not been any church for the performance of divine worship for upwards of twenty years last past : and whereas Elizabeth Anderson and Susan Anderson, spinsters, have proposed and agreed to grant and convey to the vicar or incumbent of the said parish, to be called 4 The Parish of Kilternan,' for ever, for the use of the said vicar or incumbent and his successors, other ground equal in quality and quantity to that which may be so assigned and allowed for the site of the said intended new church : and whereas by reason that the said parish or curacy of Kilgobban is not a presentative benefice, the perpetual union of the said last-men- tioned parish or cure, with the said vicarage or parish of Kilternan, cannot be effected without the aid and authority of parliament : for that purpose be it there- fore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that from and immediately after the first day of July next, the said parish of Kilternan shall be for ever sepa- rated and disunited from the said parish, or union, or vicarage of Bray, and that the said two parishes of Kilternan and Kilgobban shall be for ever thereafter united and be and become one entire parish or vicarage and presentative benefice, to be called * The Parish of Kilternan ;' and that the Reverend Henry Kearney, the pre STATUTA GEORGII TV. A.D. 1820-1830. 1265 sent curate or incumbent of the said parish of Kilgobban, shall be the first and modern incumbent or vicar of the said hereby created union or parish of Kilternan, without any presentation, admission, institution, or induction, or any other act or title whatsoever other than this present act ; and that the present churchwardens of the said parish of Kilgobban shall be the first churchwardens of the said hereby created union or parish of Kilternan, as fully as if they had been duly elected as such by the inhabitants of the said united parishes in vestry duly assembled. " II. And be it further enacted, that it shall and may be lawful for the Arch- deacon of Dublin, and the said present curate or incumbent of the now parish of Kilgobban, to convey, without licence or mortmain, to the churchwardens of the said hereby created union or parish of Kilternan, and to their successors for ever, such part of the glebe land now belonging to the said parish of Kilgobban, as may be necessary for the site of a church and of a churchyard, for the said hereby created union or parish of Kilternan, not exceeding in the whole one half acre of ground ; and the same, when so conveyed, shall be vested in the said church- wardens and their successors for ever, for the purposes of this act. " III. Provided always, that the said Elizabeth Anderson and Susan Anderson, their heirs and assigns, shall first grant and convey to the said vicar or incum- bent of the said hereby created union or parish of Kilternan and his successors, a piece of land adjoining to the said glebe lands equal in quantity to the piece of land so as aforesaid to be allocated for the site of the said intended church or churchyard, for the use of the incumbent, from time to time for the time b ji g, of the said hereby created union or parish of Kilternan, and his successors for ever ; and it shall be lawful for the vicar or incumbent of the said parish of Kil- ternan and his successors, to have and to hold the said piece of land so to be granted and conveyed, any statute or mortmain, or any law, usage, or custom to the contrary notwithstanding, freed and discharged from the payment of all rent whatsoever, save and except that such land so granted and conveyed shall be held and deemed and taken as a part and parcel of all such glebe lands as aforesaid, and shall in common therewith be liable and subject to all and every such rent, cove- nants, and clauses, as such glebe lands are now liable and subject to, as if the same had been originally a part of such glebe lands, and not further or otherwise. " IV. And be it further enacted, that the said church, when built, together with the churchyard, shall be consecrated, and shall be and shall be deemed and taken for ever to be the parish church of the said hereby created union or parish of Kilternan, to all intents and purposes whatsoever, and shall be called, 'The Parish Church of Kilternan ;' and the old churchyard and place where the said old church of Kilgobban stands shall, at the charge of the parishioners of the said hereby created union or parish of Kilternan, be fenced in and preserved from profane or common uses. " V. And whereas the right of patronage and presentation to the vicarage or parish of Kilternan hath heretofore of right belonged to the Archbishop of Dublin and Bishop of Glandelough and his successors, in right of his archbishopric ; and the right of nomination or presentation to the perpetual curacy or parish of Kil- gobban aforesaid, hath heretofore of right belonged to the Archdeacon of Dublin and his successors ; and it is therefore proper and necessary to settle and ascertain how and by which of them the said archbishop and archdeacon, and how often and in what turns, the patronage and right of presentation to the said hereby created union or parish of Kilternan should henceforth be by them exercised and enjoyed ; and whereas the tithes and profits payable and arising to the curate of Kilgobban are of considerably greater value than the tithes and profits issuing and payable out of the vicarage of Kilternan ; be it therefore enacted, that from and after the first day of July next, the Archbishop of Dublin and Bishop of Glan- delough, and his successors, Archbishops of Dublin and Bishops of Glandelough for ever, shall have one turn of presentation to the said hereby created union or parish of Kilternan, out of every three turns ; that is to say, the said Archbishop of Dublin and Bishop of Glandelough, and his successors, Archbishops of Dublin and Bishops of Glandelough, shall present a vicar or incumbent to the said church 4 M Stat. 5 Geo. 4,c. 81. [1r.] to be called "Kilternan," of which the present incum- bent of Kil- gobban shall be vicar, and the church- wardens of Kilgobban shall be church- wardens. Archdeacon of Dublin and incumbent of Kilgobban empowered to convey a piece of glebe for the church and churchyard. Provided a like quantity is added to the glebe by the proprietor of the estate from which former glebe was taken New church shall be con- secrated, and old churchyard be fenced from profanation. Right of pa- tronage to new parish or bene- fice of Kilter- nan, viz. the first turn to Archbishop of Dublin and Bishop of Gandelough, and second and third to Arch- deacon of Dublin, and so continually. 1206 STATUTA GEORGII IV. A.D 1820-1830. Stat. 5 Geo. 4, c. 81. [Ir.] Churchwar- dens of Bray may levy arrears of church rates now due on parish of Kilternan. This act a public act, pursuant to Irish act, 2 Geo. 1. of Kilternan, on the first vacancy that shall occur after the first day of July next ; and afterwards, on the two vacancies which shall next occur, that is, on the second and third vacancies, the said archdeacon and his successors for the time being shall present to the said united church, and so on for ever thereafter. " VI. Provided always, and be it enacted, that it shall and may be lawful for the churchwardens of the parish of Bray, at any time after the first day of July next, to collect, sue for, levy, recover, and receive all church cesses and rates which shall have been duly assessed and applotted on the said parish of Kilternan at any time before the passing of this act, and which shall remain due and unpaid at the time of the passing of this act, in like manner, and with all such powers and authori- ties, as if this act had not been made; anything in this act contained to the contrary thereof in anywise notwithstanding. " VII. And whereas by an act made in the parliament of Ireland, in the second year of the reign of King George the First, intituled, * An Act for the real Union and Division of Parishes,' it is (among other things) enacted, that all acts of par- liament for the uniting or disuniting of particular parishes or parts of parishes, or erecting particular churches, shall be deemed as public and general acts in all courts, and by all persons ; and that no fees shall be paid or taken by any person or persons for passing any such act of parliament : and whereas it is expedient that a like provision should be made in this case ; be it therefore enacted, that this present act is and shall be deemed a public and general act, and shall be judicially taken notice of as such in all courts, and by all judges, justices, and others, without being specially pleaded ; and that no fees shall be paid or taken by any person or persons for the passing the same." Stat. 5 Geo. 4, c. 89. 17Go.3,c.53. CII. Stat. 5 Georgii 4, c. 89(1). A.D. 1824. "An Act for the Relief in certain cases of the Incumbents of Ecclesiastical Livings or Benefices mortgaged for building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for such Benefices." " Whereas under and by virtue of an act of parliament made in the seventeenth year of the reign of his majesty King George the Third, intituled, 'An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for the Use of their Benefices ;' and 21Geo.3,c.6G. another act made in the twenty-first year of his said majesty's reign, to explain and amend the said act ; many mortgages of ecclesiastical livings and benefices have been made, and are still remaining in force, as securities for monies borrowed for building, rebuilding, repairing, or purchasing houses and other necessary build- ings and tenements for such benefices ; and in most cases the sums of money bor- rowed on such mortgages have been to the full amount authorized by the said acts, that is to say, two years' net income and produce of the said respective livings or benefices, estimated at or previous to the execution of such several mortgages in the manner by the said acts directed ; and the incumbents of the said respective livings or benefices are liable, according to the directions of the said acts, to pay five pounds per centum per annum of the principal monies so borrowed ; or in case such incumbents shall not reside twenty weeks in each year upon such livings or benefices, then instead of five pounds per cent, to pay ten pounds per cent, per annum of the said principal monies, over and above the interest arising upon such mortgages, until the whole principal monies and interest shall be fully paid and discharged : and whereas great reduction has taken place in the income and pro- duce of many livings or benefices mortgaged by virtue of the said acts since the respective mortgages thereof were made, whereby it happens that the yearly pay- ments in discharge of the monies borrowed on such mortgages, which the incum- bents of the said livings or benefices are liable to pay, amount to a larger proportion of the present income and produce thereof than it was contemplated or intended (1) Vide Stat. 1 & 2 Vict. cc. 23 & 29; Stat. 2 & 3 Vict. c. 49, ss. 14 & 17; and Stat. 5 & 6 Vict. c. 26. STATUTA GEORGII IV. A.D. 1820-1 330. 12G7 that they should be liable to pay according to the directions of the said acts ; and it is just and expedient that such provision be made for the relief of incumbents of livings or benefices already mortgaged by virtue of the said acts as hereinafter is expressed : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for the incumbent of every living or benefice mortgaged before the passing of this act, under or by virtue of the said former acts, for the amount of two years' net income and produce thereof, to lay before the ordinary of such living or benefice a just and particular account in writing, signed by such incum- bent, and verified upon his oath, taken before some justice of the peace or master in Chancery, ordinary or extraordinary, (which oath every justice of the peace and every master in Chancery is hereby empowered to administer,) of the income or produce of such living or benefice at the time of stating such account thereof, and of all rents, stipends, taxes, and other outgoings therefrom, excepting only the salary to the assistant curate, where such a curate is necessary ; and it shall and may be lawful for the ordinary thereupon to cause an inquiry to be made by the archdeacon, chancellor of the diocese, or other proper persons resident within or near the limits of such living or benefice, of the truth of the said account, and the result of the said inquiry to be certified by such archdeacon, chancellor, or other persons ; and the incumbent of such living or benefice, and the mortgagee or mort- gagees thereof, may and they are hereby empowered, with the consent of the ordi- nal-v and patron of such living or benefice, to agree that the yearly payments in discharge of the principal money secured by the mortgage of such living or bene- fice, and to become due after such agreement, shall be made at the rate of five pounds per centum or ten pounds per centum per annum, as the case may require, according to the directions of the said former acts and this act, of the sum which two vears' net income and produce of the said living or benefice shall appear to amount unto according to the account thereof laid before and the certificate returned to the ordinary as herein mentioned ; and every such agreement shall be valid and effectual ; and the mortgage made of every such living or benefice shall be and remain in force as a security for the yearly payments thereby agreed to be made, as well as for the payment of the interest arising on such mortgage, and with all the powers and remedies for enforcing the same given by the said former acts, until the money borrowed and all interest for the same, and also all costs and changes which shall be occasioned by the nonpayment thereof, shall be fully paid and discharged, in like manner as if such yearly payments had been expressly mentioned in and secured by the said mortgage, the expiration of the term of years granted by the said mortgage or any other cause or matter whatsoever notwith- standing. " II. And be it further enacted, that every agreement which shall be entered into by virtue of this act shall be in writing, in the form in the schedule to this act set forth, or to that effect, under the hands of the ordinary, patron, incumbent, and mortgagee or mortgagees of the living or benefice to which the same shall relate, or the common seal of such of them as shall be a body corporate aggregate ; and in case the patronage of any such living or benefice shall be in the crown, or the patron of any such living or benefice shall happen to be a minor, idiot, lunatic, or feme covert, such agreement shall be signed by such persons as by the said former acts are empowered in the like case to consent to the proceedings thereby authorized ; and in case any such agreement shall relate to any chapelry or perpe- tual cure, the incumbent whereof shall be nominated by the rector or vicar of the parish, in every such case such rector or vicar shall be required to be a party to the agreement so to be made, together with the patron of the rectory or vicarage. "III. And be it further enacted, that it shall and may be lawful for the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, to make and enter into such agreements as hereinbefore are authorized, with respect to all or any of the mortgages made to the said governors by virtue of the said former acts, if it shall appear to the said governors to be fit 4 M 2 Stat. 5 Geo. 4, c. 89. Incumbents of mortgaged livings for the amount of two years' income may lay before the ordinary an account of the value of such living, who shall cause inquiry to be made of the truth thereof. Mortgagees empowered to agree to make yearly pay- ments in dis- charge of the mortgage after the rate of 5 per cent, or 10 per cent, as the case may require, ac- cording to the directions of recited acts. Agreements to be in form prescribed by the schedule. Governors of Queen Annt'a bounty em- powered to enter into agreements 1268 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 5 Geo- 4, c. 89. with respect to mortgages, as are also the colleges and halls of the universities of Oxford and Cambridge. Agreements to be registered. Fee to regis- trar. No proceeding under this act to be charged with stamp duty. Non-residents by licence liable to pay mortgagees in manner herein mentioned. Governors of Queen Anne's bounty em- powered to reduce the rate of interest of mortgages. and proper so to do ; and it shall and may also be lawful for all colleges and halls within the universities of Oxford and Cambridge, and for all other corporate bodies possessed of the patronage of any ecclesiastical livings or benefices, to make and enter into such agreements as hereinbefore are authorized, with respect to all or any of the mortgages made to them respectively, for any sums of money advanced under the powers of the said former acts, if it shall appear to them respectively fit and proper so to do. " IV. And be it further enacted, that a copy of every agreement made by virtue of this act shall be registered in the office of the registrar of the bishop, or other ordinary of the living or benefice to which such agreement shall relate, after having been first examined by him ; and such registrar shall register such copy, and make and sign a certificate on the original agreement, that a copy thereof is so registered, and shall be entitled to demand and receive the sum of five shillings and no more for such registrar ; and every such copy shall be inspected upon all necessary occasions, the person who requires such inspection paying to the said registrar the sum of one shilling for the same ; and the registered copy of such agreement, or a copy thereof certified under the hand of the registrar to be correct, shall he allowed as legal evidence in case any such agreement shall happen to be lost or destroyed. " V. And be it further enacted, that no affidavit, certificate, agreement, instru- ment, or proceeding made, had, or done, under the authority or directions of this act, shall be charged or chargeable with any stamp duty. "VI. And be it further enacted, that in case any incumbent of any living or benefice mortgaged or to be mortgaged by virtue of the said former acts, who shall not reside twenty weeks in any year upon such living or benefice, shall have been non-resident in the same year by licence of the bishop of the diocese within which such living or benefice shall be locally situate, granted by reason or on account of any actual illness or infirmity of mind or body of such incumbent, or of his wife or child, making part of and residing with him as part of his family, such incumbent shall for every year in which he shall be non-resident by such licence, pay to the mortgagee or mortgagees of his living or benefice the like sum as he would have been liable to pay by virtue of the said former acts, or any agreement made under the powers of this act, in case he had resided twenty weeks in the same year upon his said living or benefice, and no other or greater sum ; provided that every such incumbent at the time of making such payment, or some person on his behalf, shall deliver to the mortgagee or mortgagees a certificate under the hand of such bishop, that such incumbent was non-resident, in the year for which such payment shall be made, by the licence of the said bishop, granted for some or one of the causes hereinbefore mentioned, to be specified in the said certificate. " VII. And be it further enacted, that it shall and may be lawful to and for the said governors of the bounty of Queen Anne, for the augmentation of the main- tenance of the poor clergy, at any time or times after the passing of this act, to reduce the rate of the interest secured to them by any mortgage or mortgages here- tofore made to them under the authority of the said former acts, and thereafter to become due to such rate or rates, as to them shall appear just and reasonable." "The Schedule to which the Act refers. "Form of Agreement. " Whereas in the year the Rev. A. B., clerk, rector [vicar or curate] of the parish church [or curacy or chapelry] of in the county of and the diocese of the Bishop of and under the juris- diction of the said bishop [or such other ecclesiastical person or corporation as shall be ordinary], as ordinary, by virtue and pursuant to the directions of an act of parliament passed in the seventeenth year of the reign of his majesty King George the Third, intituled, * An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for the Use of their Benefices,' obtained the consent of the said ordinary, and of the STATUTA GEORGII IV. A.D. 1820-1830. 1269 patron of the said church [or curacy or chapelry], to borrow and take up at inte- Stat. 5 Geo. rest, on mortgage of the glebe, tithes, and emoluments of the said living, the sum 4> c- 8y- of pounds, being the amount of two years' net income and produce of the said living, as then estimated and proved in the manner by the said act directed : and the said sum of pounds was advanced by C. Z>., and a mortgage of the glebe, tithes, and emoluments of the said living, by indenture bearing date the day of was duly made and executed to him for securing the repayment thereof, with interest at the rate of pounds per centum per annum, by yearly payments, according to the directions of the said act, and of another act passed in the twenty-first year of his said majesty's reign, to explain and amend the same : and whereas the several yearly payments which have become due upon the said mortgage, up to and including the day of last, together with all interest arising upon the said mortgage to that time, have been discharged, and there now remains due on the security of the said mortgage, the principal sum of pounds, with interest thereon, from the said day of [If the incumbent entering into the agreement is a successor of him who made the mortgage, or the mortgagee is repre- sentative or assignee of him to whom the mortgage was made, the facts are to be here stated in proper recitals, and the proper parties are to be named in the subse- quent parts of the agreement instead of the parties to the mortgage]: and whereas the said A. B., pursuant to the directions of an act passed in the fifth year of the reign of his majesty King George the Fourth, intituled [set forth the title of this act], has laid before the ordinary of the said living a just and particular account in writing, signed by him, and verified as by the said last-mentioned act is required, of the present income or produce of the said living, and of the outgoings therefrom ; and the said ordinary has caused inquiry to be made of the truth of the said account, and the result of the said inquiry to be certified to him as by the said act required ; and according to the said account and the certificate returned to the said ordinary, the net income and produce of the said living appears now to amount to the sum of pounds, and therefore two years' net income and produce thereof will amount to the sum of and no more : and whereas the said C. D. is willing to accept such reduced yearly payments in discharge of the principal money remaining due on the said mortgage, as by the said last-mentioned act authorized and hereinafter mentioned : now it is hereby agreed by and between the said A. B. and C. Z>., with the consent of the said ordinary and of the patron [or patrons] of the said church, [or of the rector or vicar of the parish church of who is entitled to the nomination of the curate of the said curacy or chapelry of and the patron of the said parish church ; or if any other person or persons shall according to the act be required to act for the patron, such person or persons shall be named, with a proper description], testified by the said ordinary and patron signing this agree- ment ; [or if either of them shall be a body corporate aggregate, then by the said ordinary (or patron) signing, and the said patrons (or ordinary) causing their com- mon seal to be affixed to this agreement] ; and by virtue of the powers of the said last-mentioned act of parliament, that the yearly payments in discharge of the said sum of pounds remaining due on the said mortgage as aforesaid, shall be made at the rate of five pounds per cent, or ten pounds per cent, as the case may require, according to the directions of the said several acts of parliament, of the said sum of pounds, the amount of two years' net income and produce of the said living, according to the late account and certificate hereinbefore mentioned ; and the said mortgage of the said living is, pursuant to and by virtue of the said last-mentioned act, to be and remain in force as a security for the year ly payments hereby agreed to be made, as well as for payment of the interest arising on the said mortgage, and with all the powers and remedies for enforcing the same given by the said first-mentioned act, until the money borrowed on the said mort- gage, and all interest for the same, and also all costs and charges which shall be occasioned by the non-payment thereof, shall be fully paid and discharged. Dated the day of in the year one thousand eight hundred ." 1270 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 5 Geo. C1II. Stat. 5 Georgii 4, c. 90. [Scotland.] A.D. 1824. 4, c. 90. [Sc.] L J "An Act to amend an Act for building additional Places of Worship in the Highlands and Islands of Scotland" Stat. 5 Geo. CIV. Stat. 5 Georgii 4, c. 91 (1). [Ireland.] A.D. 1824. 4, c. 91. [Ir.] "An Act to consolidate and amend the Laws for enforcing the Residence of Spiritual Persons on their Benefices; to restrain Spiritual Persons from carrying on Trade or Merchandize, and for the Support and Maintenance of Stipendiary Curates in Ireland" Irish acts: " Whereas several acts were passed in the parliament of Ireland, that is to say ; 36 Hen. 6, c. 1, one act in ^ thirty-sixth year of the reign of his majesty King Henry the Sixth, intituled, 4 An Act that beneficed Persons shall keep Residence one other act in 10 & 11 Car. 1, the tenth and eleventh years of the reign of his majesty King Charles the First, c> 2> intituled, * An Act to enable Restitutions of Impropriations and Tithes, and other Rights Ecclesiastical, to the Clergy, with a Restraint of aliening the same, and 6 Geo. 1, c. 13, Directions for Presentation to the Churches ;' one other act in the sixth year of the reign of his late majesty King George the First, intituled, * An Act for the better 1 Geo. 2, c. 22, Maintenance of Curates within the Church of Ireland f one other act in the first year of the reign of his majesty King George the Second, for explaining and amending the said act of the sixth year of King George the First, for the better 40Geo.3,c.27, maintenance of curates within the church of Ireland; and one other act in the fortieth year of the reign of his late majesty King George the Third, intituled, ' An Act for the further Support and Maintenance of Curates within the Church of Ire- land :' and whereas an act was passed in the parliament of the United Kingdom of 48 Geo. 3, c. 66. Great Britain and Ireland, in the forty-eighth year of the reign of his said late majesty, intituled, 'An Act for enforcing the Residence of Spiritual Persons on their Benefices in Ireland ;' and whereas doubts have arisen upon the construction of some of the provisions of the said acts, and it is therefore necessary that such provisions of the said acts should be explained, and other provisions made, and that the several laws for enforcing of residence, and the maintenance of stipendary curates, in Ireland, should be amended ; and that spiritual persons in Ireland should in certain cases be restrained from buying and selling : may it therefore please your majesty that it may be enacted, and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the Recited acts of same) that from and after the passing of this act, the said recited act passed in the 10 & 11 Car 1 re'&n °f h^13 majesty King Henry the Sixth, and so much of the said recited act of as to alienation^ ms majesty King Charles the First, as relates to gifts, grants, alienations, forfeit- &c. by the ures, charges, and incumbrances, imposed, laid, or suffered, by any minister or other clergy »^ beneficer therein mentioned, or by any parson, vicar, or other beneficer having cure of Gec>1Ul l°Geo sou^s' an(^ to residence of spiritual persons on their benefices ; and also so much of 2, and 40 Geo. the said recited acts of the parliament of Ireland, made in the sixth year of King 3, as relates to George the First, and in the first year of King George the Second, and in the for- maintenance tieth year of King George the Third, as relates to the maintenance of curates within and 'the whole **ie cnurcn °f Ireland, and making provisions for appointing stipends for such curates ; of 48 Geo. 3, and the whole of the said recited act passed in the forty-eighth year of the reign of c. 66*, repealed. King George the Third, shall be and the same are respectively hereby repealed. No spiritual " II. And be it further enacted, that no spiritual person having or holding any person bene- dignity, prebend, canonry, benefice, stipendiary, perpetual or impropriate curacy or formln^eccle lectureship, shall, by himself, or by any other for him, or to his use, act as treasurer skstixd duty, °f an.v county, or engage in or carry on any trade or dealing for gain or profit, or shall engage in be an agent or factor for any estate, or deal in any goods, wares, or merchandize, trade, or buy by buying and selling for lucre, gain, or profit, in any market, fair, or other place, for*56 rofi?or uPon Pa*n °^ ^or^e^nS tne value of the goods, wares, and merchandizes by him, or gain by any to his use, bargained and bought to sell again, contrary to the provisions of this act ; and that every bargain and contract so made by him, or by any to his (1) Vide Stat. 3 & 4 Gul. 4, c. 37, s. 95. STATUTA GEORGII IV. A.D. 1820—1830. 1271 use, in any such trade, or dealing, or agency, contrary to this act, shall be utterly void and of none effect ; and the one half of every such forfeiture shall go to his majesty, and the other half to him that will sue for the same. " III. And be it further enacted, that nothing in this act contained, in relation to being engaged in trade or dealing, or buying or selling, shall extend or be con- strued to extend to, or to subject to any penalty or forfeiture, any spiritual person for keeping a school or seminary, or acting as a schoolmaster, or tutor, or instructor, or being in any manner concerned or engaged in giving instruction or education for profit or reward, or for buying or selling, or doing any other act, matter, or thing in the conduct of, or carrying on, or in relation to the management of any such school, seminary, or employment ; or to any spiritual person whatever for the buying of any goods, wares, or merchandizes, or articles or things of any descrip- tion which shall, without fraud or covin, be bought to the intent and purpose, at the buying thereof, to be used and employed by the spiritual person buying the same for his family or in his household ; and after the buying of any such goods, wares, or merchandizes, or articles or things, the selling the same again, or any parts thereof which such person may not want or choose to keep, although the same shall be sold at any advanced price beyond that which may have been given for the same, or for any buying or selling again for any lucre, gain, or profit, of any matter of cattle or corn, or other matters or things whatever, neces- sary, proper, or convenient to be bought, sold, kept, or maintained, by any spiritual person, or any other person for him, or to his use, for the occupation, manuring, improving, pasturage, or profit of any glebe, demesne, farms, lands, tenements, or hereditaments, which may be lawfully held and occupied, possessed and enjoyed, by such spiritual person, or any other for him or to his use : provided always, that nothing herein contained shall extend or be construed to extend to authorize any such spiritual person to sell any cattle or corn, or other matters or things as afore- said, in person, in any market, fair, or place of public sale. " IV. And be it further enacted, that from and after the passing of this act, every spiritual person holding any benefice who shall, without any such licence or exemption as is in this act allowed for that purpose, wilfully absent himself there- from for any period exceeding the space of three months together, or to be accounted at several times in any one year, and make his residence and abiding at any other place or places, except at some other benefice, donative, perpetual curacy, or parochial chapelry, of which he may be possessed, shall, when such absence shall exceed such period as aforesaid, and not exceed six months, forfeit and pay one-third of the annual value, (deducting therefrom all outgoings, except any stipend paid to any curate,) of the benefice, donative, perpetual curacy, or parochial chapelry from which he shall so absent himself as aforesaid ; and when such absence shall exceed six months, and not exceed eight months, one half of such annual value ; and when such absence shall exceed eight months, two thirds of such annual value ; and when such absence shall have been for the whole of the year, three fourths of such annual value ; to be recovered by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Dublin, wherein no essoin, privilege, protection, or wager of law, or more than one impar- lance, shall be allowed ; and the whole of every such penalty or forfeiture shall go and be paid to the person or persons who shall inform and sue for the same, together with such costs of suit as shall be allowed, according to the practice of the court in which such action shall be brought. " V. And be it further enacted, that every spiritual person having any benefice, and who shall not have any house of residence thereon, and who shall have resided nine months in the year within the limits of his benefice, or within the limits of the city, town, place, or parish, in which his benefice may be situated, provided such last-mentioned residence be within the distance of two miles from the church or chapel of his benefice, shall not be liable to any penalties on account of non- residence, nor be obliged to take out any licence in respect thereof, but that the same shall be deemed a legal residence to all intents and purposes of this act ; and in all returns made by the bishops, persons so residing shall be returned as resident. Stat. 5 Geo. 4, c. 91. [1r.] Not to extend to spiritual persons en- gaged in keep- ing schools, or as tutors, &c. in respect of any thing done in such em- ployment, or for the use of the family, or occupying any glebe, &c. Penalty for non- residence. Where no house belong- ing to the benefice, &c. residence within the limits of parish, &c. deemed legal residence. V1T1 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4,c. 91. [Ir.] Houses pur- chased by- trustees of first-fruits to be deemed residences. Rectories having vicar- ages endowed, residence of the vicar deemed legal. Power in the bishop to allow any fit house belong- ing to the preferment, to be a house of residence. Certain per- sons exempted while exer- cising certain offices, viz. masters of hospitals and charities ; vicars general, surrogates, or officials ; certified chap- lains of lord lieutenant; chaplains of archbishops, bishops, and peers ; provost, fel- lows, and offi- cers of Trinity College, Dub- lin, &c. Schoolmasters of endowed diocesan schools ; persons ex- empted by special acts. Dignitaries residing at cathedral churches for certain periods, exempted. Provision for C8MI in which " VI. And whereas the trustees and commissioners of the first-fruits of ecclesi- astical benefices in Ireland, may have in some instances purchased, and may here- after purchase, houses not situate within the parishes for which they are purchased, hut so contiguous as to be sufficiently convenient and suitable for the residence of the officiating ministers thereof ; be it therefore enacted, that such houses, having been previously approved by the bishop, by writing under his hand and seal, and duly registered in the registry of the diocese, shall be deemed houses of residence appertaining to such benefices, to all intents and purposes whatsoever. " VII. And be it further enacted, that in all cases of rectories having vicarages endowed, the residence of the vicar in the rectory house shall be deemed a legal residence to all intents and purposes whatever ; provided that the vicarage house be kept in proper repair, to the satisfaction of the bishop. " VIII. And be it further enacted, that it shall be lawful for the bishop, in every case in which there shall not be a house of residence belonging to any benefice within his diocese, to allow and adjudge any fit house within the limits of such benefice and belonging thereto, or any fit house belonging thereto not within the limits, but so contiguous as to be sufficiently convenient for the purpose, to be the house of residence thereof ; and such allowance and adjudication in writing under the hand and seal of such bishop, shall thereupon be registered in the registry of the diocese from time to time ; and such house shall thenceforth be deemed the house of residence for the time being, to all intents and purposes what- soever. " IX. Provided always, and be it further enacted, that nothing in this act con- tained shall extend or be construed to extend to or in any manner to affect any person holding any of the offices or situations hereafter mentioned ; that is to say, any master or preacher of any hospital or of any incorporated charitable foundation in Ireland, during the period for which he may be required to reside, by any charter or statute of any such hospital or incorporated charitable foundation, or by any other lawful authority in the same, and shall actually reside and perform the duties therein ; or any vicar-general or principal surrogate, or official in any eccle- siastical court of any diocese, whilst they are respectively residing in the places where their respective offices are exercised ; or any chaplain or chaplains of the lord lieutenant, or other chief governor or governors of Ireland for the time being, provided that every such chaplain shall have a certificate from such lord lieutenant or other chief governor or governors, or his or their chief secretary, that he is resident in Dublin, or near the person of such lord lieutenant or other chief governor or governors, and is occupied by the duty of his office as such chaplain ; or any chaplain of any archbishop or bishop, or of any peer of Ireland, during such time as such chaplain shall abide and dwell, and daily attend in the performance of his duty as chaplain in the household to which he shall belong within Ireland ; or the provost or any fellow of or any professor or public officer in the college of the Holy and Undivided Trinity near Dublin, or the professor of astronomy at Armagh, during the period for which any such provost, fellow, professor, or officer, may respectively be required to perform the duties of any such office, and shall actually perform the duties of the same ; or any schoolmaster of any school founded and endowed by his majesty or any of his royal predecessors, or any diocesan school- master during such time as such schoolmaster shall actually reside at such school and perform the duties of a schoolmaster therein ; or any person who shall be spe- cially exempted from residence under the provisions of any act or acts of parlia- ment not repealed by this act. " X. And be it further enacted, that it shall be lawful for any spiritual person being dean, during such time as he shall reside upon his deanery, or holding any other dignity, or being prebendary or canon in any cathedral or collegiate church or churches, who shall reside any period not exceeding four months altogether within the year upon such dignity, prebend, or canonry, to account such residence as if he had legally resided on some benefice, provided he keep a resident curate oi his benefice: provided always, that it shall be lawful for any spiritual person having or holding any prebend, canonry, or dignity in any cathedral or collegiate STATU T A GEORGII IV. A.D. 1820— 1830. 1273 church, in which the year for the purposes of residence is accounted to commence at any other period than the first day of January, and who may keep the periods of residence required for two successive years at such cathedral or collegiate church in whole or in part between the first day of January and the thirty-first day of December in any one year, to account such residence, although exceeding four months in the year, as reckoned from the first day of January to the thirty-first day of December, as if he had legally resided on some benefice ; anything in this act contained to the contrary notwithstanding. " XI. And be it further enacted, that it shall be lawful for the bishop of the diocese in which any benefice shall be locally situate, to license any longer period of non-residence upon any such benefice of any dean or person holding any other dignity in any cathedral or collegiate church, or of any prebendary or canon in any case in which it shall appear to such bishop from his own knowledge, if such cathedral or collegiate church is locally situate within his own diocese, or if not, by the certificate of the bishop of the diocese in which the cathedral or collegiate church shall be locally situate, to be required for the performance of any duties in any such cathedral or collegiate church, provided that every such spiritual person shall during such period reside on such prebend, canonry, or dignity. "XII. Provided always, and be it further enacted, that no spiritual person appointed to any prebend, canonry, or dignity in any cathedral or collegiate church before the passing of this act, shall be subject to any penalty or forfeiture for non- residence upon any benefice during the period of his actually residing upon such prebend, canonry, or dignity. "XIII. And be it further enacted, that every spiritual person having any house of residence upon his benefice, who shall not reside thereon, shall, during such period or periods of non-residence, whether the same shall be for the whole or part of any year, keep such house of residence in good and sufficient repair ; and that every such spiritual person who shall not keep such house of residence in repair, and who shall not, upon monition issued by the bishop of the diocese in which the same shall be locally situate, put the same in repair, according to the requisition of such monition, within the time specified therein, to the satisfaction of the bishop of the diocese, and to be certified to the bishop upon such survey and report as shall be required by the bishop in that behalf, shall be liable to all penal- ties for non-residence, notwithstanding any exemption or licence during the period of such house of residence remaining out of repair, and until the same shall have been put in good and sufficient repair, to the satisfaction of the bishop of the diocese. " XIV. And be it further enacted, that from and after the passing of this act, it shall be lawful for any bishop, upon application made for that purpose, by peti- tion in writing, by any spiritual person, or by any fit and proper person, on behalf of any spiritual person, having or holding any benefice locally situated within his diocese, upon such proofs as to any facts stated in any such petition, as any such bishop may think necessary and shall require, by affidavit made before any ecclesi- astical judge or his surrogate, or any justice of the peace or magistrate, or any master extraordinary in Chancery (which oath any such ecclesiastical judge or sur- rogate, or justice of the peace or magistrate, or master extraordinary in Chancery, is hereby authorized and required to administer), to grant, in such cases as are in this act enumerated, in which, upon due consideration of all the circumstances stated in any such application, and verified to the satisfaction of the bishop as aforesaid, such bishop shall in his discretion think it fit to grant the same, a licence in writing under his hand, expressing the cause of granting the same, to such spiritual person to reside out of the parish, or out of the proper house of residence of his benefice, for the purpose of exempting such person from any pecuniary penalty or forfeiture in respect of any non-residence thereon ; (that is to say,) to any spiritual person who shall be prevented from residing in the proper house of residence, or in the parish, by any actual illness or infirmity of body, of himself or of his wife or child, making part of and residing with him as part of his family ; and also to any spiritual person having or holding any benefice whereupon or Stat. 5 Geo. 4,c. yi. [Ir.] the year of residence at cathedrals commences at any other pe- riod than the 1st of January. Bishop may license for a longer period of non- resi- dence, if the duties of a cathedral require it. Proviso for prebendaries, &c. appointed before this act. Persons having house of resi- dence on their benefice to forfeit the exemption, if house not kept in repair. Bishop may grant licences for non-resi- dence in cer- tain cases enumerated. 1274 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 91. [Ir.J Fee for licences, 10s. Persons aggrieved may appeal to the archbishop. Security to be given for payment of expenses. In cases not enumerated, bishops may grant licences and assign salaries to curates em- ployed. Reasons for granting them to be trans- mitted to the archbishop for examination and allowance. wherein there shall be no house of residence, or where the house of residence shall be unfit for the residence of such spiritual person, such unfitness not being occa- sioned by any negligence, default, or other misconduct of such spiritual person, and such spiritual person keeping such house of residence in repair to the satisfac- tion of the bishop ; and also to any spiritual person having or holding any benefice, and occupying, in the parish of the same respectively, any mansion or messuage, to reside in such mansion or messuage, such spiritual person keeping the house of residence and other buildings belonging thereto in good and sufficient repair and condition, and producing to the bishop proof to his satisfaction at the time of grant- ing and renewing any such licence, of such good and sufficient state of repair ; and also to any spiritual person having or holding any benefice of small value, and serving as a licensed stipendiary curate elsewhere, and providing for the serving such his benefice to the satisfaction of such bishop ; and also to any usher of any endowed school duly licensed by the bishop, and actually employed in teaching therein, or to any person holding any endowed lectureship or endowed chapelry, or endowed preachership, and performing and executing the duties thereof respec- tively, with the licence of the bishop in whose diocese he shall so officiate : provided always, that the spiritual person obtaining any such licence shall pay to the secretary or officer of the bishop, the sum of ten shillings, exclusive of and over and above the stamp duty chargeable thereon, and no more : provided also, that if any spiritual person applying to any such bishop for any such licence shall think himself aggrieved by the refusal thereof, it shall be lawful for such spiritual person to appeal to the archbishop of the province, who shall forthwith, either by himself or some commissioner or commissioners appointed from among the other bishops of his province, under his hand, make or cause to be made inquiry into the same, and by writing signed by himself confirm such refusal, or grant a licence under this act, as shall seem just and proper : provided always, that in every such case the spiritual person so appealing shall give security to the bishop for the payment of such reasonable expenses, occasioned by the appeal, as the archbishop or his commissioner or commissioners shall award. " XV. And be it further enacted, that it shall be lawful for any such bishop as aforesaid, in any cases not hereinbefore enumerated, in which, under all the cir- cumstances of any such case, such bishop shall think it expedient to grant to any spiritual person possessed of any benefice, a licence to reside out of the parish, or out of the proper house of residence, as the case may be, or as the case may appear to such bishop to require, to assign in any case in which a stipendiary curate may be employed to do the duty of such spiritual person, such salary as he shall judge fit to appoint, due respect being had to the value of such benefice, and to all other circumstances of the case ; and it shall also be lawful for any bishop, in case of the absence from the realm of any spiritual person, to grant any such licence, without any application made for that purpose, and from time to time, in any such case, to renew any such licence, as he shall think fit, and in every such case to appoint a stipendiary curate, in case no curate duly licensed should be then employed in serving such benefice, and to assign a salary to such curate ; or if any curate shall have been and be then so employed, to assign any additional salary to such curate, or to appoint an additional curate, and in every and any of such cases, to cause such salaries to be paid by sequestration of the profits of the benefice : provided always, that in every such case respectively, the nature and special circumstances thereof, and the reasons that have induced such bishop to grant such licence as aforesaid, shall be forthwith transmitted to the archbishop of the province to which such bishop shall belong, who shall forthwith, by himself, or by some commis- sioner or commissioners appointed for that purpose from among the bishops of such province, by writing under his hand, which commissioner or commissioners is and are thereupon authorized to take upon himself or themselves the execution of the said commission, examine into such case, and make such inquiries as to any particulars relating thereto, as such archbishop or commissioner or commis- sioners so appointed as aforesaid may think necessary ; and after such inquiries made by himself, or where the same shall be made by such commissioner or commissioners, STATUTA GEORGII IV. A.D. 1820—1830. 1275 after a return of the substance thereof in writing to such archbishop, such arch- bishop shall thereupon allow or disallow such licence in the whole or in part, or make any alteration therein as to the period for which the same may have been granted or otherwise, and likewise as to the stipend assigned to the curate, as to such archbishop shall seem fit ; and no such licence shall be good, valid, or effec- tual under this act, for any purpose whatever, unless it shall have been so allowed and approved by such archbishop, such allowance thereof being signified by the signing thereof by such archbishop : provided always, that it shall not be necessary in such licence to specify the cause of granting the same. M XVI. And be it further enacted, that no licence granted under this act shall be made void by the death or removal of the bishop granting the same, but the same shall be and remain good and valid, notwithstanding any such death or removal, unless the same shall be revoked by the next or any succeeding bishop, as the case may require. " XVII. And be it further enacted, that every application made by or on behalf of any spiritual person holding any benefice, donative, perpetual or impropriate curacy, or parochial chapelry, to the bishop of the diocese, for any licence for non- residence, shall be in writing, and shall be signed by the person making the same, and shall state whether such spiritual person intends to perform the duty himself, and if he does, where and at what distance he intends to reside, or if he intends to employ a curate, the application shall state what salary he proposes to give to his curate, and whether the curate proposes to reside, or not to reside, in the parish, and if the curate intends to reside, then whether in the parsonage house, and if he does not intend to reside in the parish, then the application shall state at what dis- tance therefrom, and at what place such curate intends to reside, and whether such curate serves any other parish as curate or incumbent, or has any ecclesiastical preferment, or holds any donative, perpetual curacy, or parochial chapelry, or officiates in any other church or chapel ; and such application shall also state the gross annual value of the benefice in respect of which any licence for non-residence shall be applied for ; and it shall not be lawful for the bishop to grant any such licence, unless the application shall contain a statement of the several particulars aforesaid ; and all such applications and specifications shall be kept and filed by the registrar of the diocese in a separate book, which shall be kept and preserved for that purpose ; and such book shall not be open to public inspection, or disclosed, or copies thereof made, except with the leave in writing of the bishop of the diocese. " XVIII. And be it further enacted, that during the vacancy of any see, or the absence of the bishop of the diocese from that part of the United Kingdom called Ireland, the power of granting licences under this act, subject to the regulations therein contained, shall be exercised by the vicar-general of the diocese, or in case such circumstances shall arise as shall disable the bishop from exercising in person the functions of his office, it shall be exercised by such person or persons as is or are lawfully empowered to exercise his general jurisdiction in the diocese. " XIX. And be it further enacted, that it shall be lawful for any bishop, who shall have granted any licence for non-residence as aforesaid, or for any successor 01 successors of any such bishop to revoke any such licence in any case in which it may appear to him or them proper and expedient to revoke the same : provided that any spiritual person may appeal against any such revocation by the bishop in like man- ner as is hereinbefore directed in case of any refusal of any licence : provided also, that it shall be lawful for any archbishop to whom such appeal shall be made to order and direct such reasonable fees and charges to be paid by any spiritual per- son appealing as aforesaid, in respect of any such proceedings as aforesaid, as he shall in his discretion think fit : provided also, that no licence for non-residence granted under tins act shall continue in force for more than three years from the granting thereof, or after the thirty-first day of December in the second year- after the year in which such licence is granted. " XX. And be it further enacted, that every bishop who shall grant or revoke any licence for non-residence under this act, shall and he is hereby required, within Stat. 5 Geo. 4, c. 91. [In.] Licences not to be void by the death or re- moval of the grantor, unless revoked by the successor. Every applica- tion for licence shall be in writing, and shall state certain par- ticulars. By whom li- cences may be granted while a see is vacant, or the bishop absent, &c. Licences may be revoked. Fees may be ordered to be paid by appel- lants. Limiting the time of li- cences. Copies of licences or 1270 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 91. [Ir.] revocations to be filed in the registry of the diocese, and a list kept for inspection : and copies transmitted to churchwar- dens. Penalty on registrar neglecting to enter such licence or re- vocation, hi. To be publicly read at the first visitation. A list of li- cences allowed by the arch- bishop, or granted in his own diocese, shall be annu- ally trans- mitted to the lord lieutenant in council, &c. who may re- voke licences, &c. Licence, although re- voked, shall be deemed valid between the grant and revocation. On or before 25th March annually, a return shall be made to his one month after the grant or revocation of such licence, to cause a copy of every such licence or revocation to be filed in the registry of his diocese, and an alpha- betical list of such licences and revocations shall be made out by the registrar of such diocese, and entered in a book, and kept for the inspection of all persons, upon payment of the sum of three shillings and no more ; and a copy of every such licence with respect to any benefice, shall be transmitted by the spiritual person to whom the licence is granted, to the churchwardens of the parish, township, or place to which the same relates, or to one of them, within one month after the grant of such licence ; and every bishop revoking any licence shall cause such revocation to be transmitted to the churchwardens of the parish, township, or place to which it relates, or to one of them, which copies shall be by them depo- sited in the parish chest ; and every registrar who shall neglect to enter the same shall forfeit for every neglect of entering any such licence or revocation in any such list the sum of five pounds, to be recovered by and for the use of any person who shall sue for the same, in like manner as any penalty may be recovered under the provisions of this act ; and a copy of every such licence or revocation shall likewise be produced by the churchwardens, and publicly read by the registrar or other officer at the visitation of the diocese or ecclesiastical district within which the benefice in respect whereof the licence shall have been granted or revocation made shall be locally situate, immediately next succeeding the granting or revo- cation thereof. " XXI. And be it further enacted, that every archbishop who shall in his own diocese grant any licence, or who shall allow or approve, in manner directed by this act, any licence or licences in any case or cases not enumerated in this act, shall annually, on or before the thirty-first day of January in each year, transmit to the lord lieutenant, or other chief governor or governors of Ireland, a list of all such licences so granted or allowed or approved respectively as aforesaid, in the year ending on the last day of December preceding such thirty-first day of Janu- ary, and shall in every such list specify the reasons which shall have induced him to grant, allow, or approve the said licences, together with the reasons transmitted to him by the bishops for granting any such licences in their respective dioceses ; and it shall be lawful for the lord lieutenant or other chief governor or governors of Ireland, by and with the advice and consent of his majesty's privy council there, by an order made for that purpose, to revoke and annul any such licence, from such time as shall be mentioned in such order ; and in case any such order shall be so made, the same shall be transmitted to the archbishop who shall have granted or allowed or approved such licence, who shall thereupon cause a copy of every such order made in relation to any licence so allowed or approved to be transmitted to the bishop of the diocese in which such licence shall have been granted ; and such bishop shall cause a copy of the mandatory part of the order to be filed in the registry of such diocese, and a like copy to be delivered to the churchwardens of the parish to which the same relates, in manner hereinbefore directed as to revocation of licences under this act ; and every such archbishop shall cause a copy of the mandatory part of every such order made in relation to any such licence as aforesaid, granted by him in his own diocese, to be in like manner filed in the registry of his diocese, and a like copy also to be delivered to the churchwarden of the parish to which such licence shall relate, in manner before mentioned : provided always, that after the time from which such licence shall have been so revoked by order in council, the same shall nevertheless, in all questions that shall have arisen or may thereafter arise, touching the non-residence of the spiritual person to whom the same shall have been granted, between the period at which the same was granted, or allowed, or approved, and the time at which the same shall be so revoked as aforesaid, be deemed and taken to be and to have been valid and effectual to all intents and purposes of this act. " XXII. And be it further enacted, that on or before the twenty-fifth day of March in every year, a return or returns shall be made to his majesty in council by every bishop, of the names of every benefice within his diocese, or subject to his jurisdiction by virtue of this act, and the names of the several spiritual persons STATUTA GEORGII IV. A.D. 1820—1830. 1277 holding the same respectively who shall have resided ; and also the names of the several spiritual persons respectively who shall not have resided thereon by reason of any exemption under or by virtue of this act, or by reason of any licence granted by such bishop, for any and what cause enumerated by this act ; and also of all spiritual persons not having any such exemption or licence, who shall not have resided on their respective benefices, so far as the bishop is informed thereof ; and also the names of all curates licensed to serve any benefice on which the incumbent is not resident, and whether the gross annual value of such benefice amounts to or exceeds three hundred pounds per annum or not, the amount of the curate's salary, and the place of his residence ; and every spiritual person who shall be non-resident in any year subsequent to the passing of this act, by reason of residence on any other benefice, or of any exemption under this act, and to entitle him to which it is not necessary to obtain any licence under this act, shall within six weeks from and after the first day of January in every following year, notify the same in writing under his hand, to the bishop of the diocese to whose jurisdiction he is subject by this act, or otherwise in respect of such benefice, specifying the nature of such exemption, and whether the gross annual value of the benefice on which he is non-resident amounts to or exceeds three hundred pounds per annum or not ; and every spiritual person who shall have more than one benefice, and who shall reside on one of them, or who shall reside during any period of the year on any dignity, or in the performance of the duties of any office in any cathedral or col- legiate church, or who shall be non-resident for any period of the year on account of any of the causes of temporary exemption specified in this act, shall in like manner and within the like period in each year notify the same. "XXIII. And be it further enacted, that every spiritual person who shall neglect to make such notification as by this act is directed, within such period of six weeks as aforesaid, shall forfeit and pay for every such offence the sum of twenty pounds, to be levied by order of the bishop of the diocese by sequestration, if not otherwise paid, after monition to pay the same out of the profits of the bene- fice in respect of which he shall neglect to make such notification, by the bishop of the diocese to whom the notification ought to be made, to be applied as such bishop may direct, to useful and charitable purposes : provided always, that it shall be lawful for such bishop to remit or order the repayment of any part of any such penalty, in like manner as is allowed by this act in cases of non-compliance with an order for residence. " XXIV. And be it further enacted, that nothing in this act contained shall extend or be construed to extend to exempt any spiritual person or persons from any canonical or ecclesiastical censures, or affect any proceedings that shall here- after be instituted in any ecclesiastical court, in order to cause the same to be inflicted, in relation to the non-residence of any spiritual person having or hold- ing any benefice who shall not have obtained a licence according to the provi- sions of this act, to be absent therefrom, nor have any other lawful cause of absence : provided always, that no proceeding be admitted in any ecclesiastical court against any spiritual person for non-residence, not exceeding three months in any one year, at the suit or instance of any person or persons other than the bishop only of the diocese within which the benefice in respect whereof such non-residence shall have taken place shall be locally situated ; anything in any law or laws, or ecclesiastical canon or canons, to the contrary thereof notwith- standing. " XXV. And be it further enacted, that in every case in which it shall appear to any such bishop as aforesaid, that any spiritual person having or holding any benefice, and not being licensed according to this act to be absent therefrom, nor having any lawful cause of absence from the same, does not sufficiently reside on the same respectively, it shall be lawful for such bishop to issue or cause to be issued, a monition to such spiritual person forthwith to proceed to and reside thereon, and perform the duties thereof, and to make a return to such monition within a certain number of days after the issuing thereof, so as that in every such case there shall be thirty days between the times of delivering sucli monition Stat. 5 Geo. 4, c. 91. [Ir.] majesty in council of every benefice, and whether it exceeds the value of 300/. or not, with names of resi- dents and non- residents, &c. Non-residents by exemption without licence shall yearly notify to the bishop of the diocese within a certain period. Persons neg- lecting to notify cause of exemption, to forfeit 20/. recoverable by sequestration. Power of mitigation or remitting by the bishop. Act not to exempt from censure for non-residence without licence; but no censure for non -residence shall be in force, nor any proceedings be admitted, ex- cept at the suit of the bishop. If any unli- censed person does not suffi- ciently reside, the bishop may issue a moni- tion. 1278 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 91. [In.] Returns to be made to moni- tions, which may be re- quired to be upon oath. Where return shall not be made, or shall not be satisfac- tory, bishop may order residence, and if disobeyed, may sequester the profits of the benefice, and direct an application of the profits. Appeal against sequestration may be made to the arch- bishop. to such spiritual person, or leaving the same at his then usual or last place of abode, or if not there to be found, with the officiating minister or one of the churchwardens, and also a copy thereof at the house of residence, (if any such there be,) belonging to such benefice, to which any such spiritual person shall be required by such monition to proceed and reside thereon, and the time spe- cified in such monition for the return thereto ; and a copy of every such monition shall, immediately on the issuing thereof, be filed in the registry of such bishop's court, and shall be open for inspection on the payment of three shillings and no more ; and the spiritual person to whom any such monition shall be sent under this act, shall, within the time specified for that purpose, make a return thereto into such registry, to be there filed; and it shall be lawful for the bishop to whom any such return shall be made, to require such return, or any fact con- tained therein, to be verified by the oath of such spiritual person or others, to be taken before some surrogate, or justice of the peace, or master extraordinary in Chancery, which oath any such surrogate, or justice of the peace, or master extraordinary in Chancery, is hereby authorized and required to administer, on application being made for that purpose ; and in every case where no such return shall be made, or where such return shall not state such reasons as shall be deemed satisfactory by such bishop for the non-residence of the spiritual person to whom such monition shall have been sent as aforesaid, or where the same or any of the facts contained therein shall not be so verified as aforesaid, when the same shall have been required, then and in such case it shall be lawful for such bishop to issue an order in writing under his hand and seal, to require such person to pro- ceed to and reside as aforesaid, within thirty days after such order in writing or a copy thereof shall have been delivered or left in like manner as hereinbefore required as to monitions ; and in case of non-compliance, it shall be lawful for such bishop to sequester the profits of such benefice of such spiritual person as aforesaid, until such order shall be complied with, or such sufficient reasons for non-residence stated and proved as aforesaid, and to direct by any order to be made for that pur- pose under his hand, and filed as aforesaid, the application of such profits, after deducting the necessary expenses of serving the cure, either in the whole or in such proportion as he shall think fit, in the first place, to the payment of such reasonable expenses as shall have been incurred in relation to such monition and sequestration, and in the next place, towards the augmentation or improvement of any such benefice or house of residence thereof, or any of the buildings and appur- tenance thereof, or towards the improvement of any of the glebe or demesne lands thereof, or to order and direct the same or any portion thereof to be paid to the trustees and commissioners of the first-fruits in Ireland for the augmentation of the maintenance of the poor clergy, to be applied for the purposes of such augment- ation as such bishop shall, in his discretion, under all circumstances think fit and expedient ; and it shall also be lawful for any such bishop within six months after such order for sequestration, or within six months after any money shall have been actually levied for such sequestration, to remit to any such spiritual person any part or proportion of such sequestered profits, or cause the same or any part thereof that shall have been paid or directed to be paid to the said trustees and commis- sioners, to be repaid to such spiritual person, which repayment the said trustees and commissioners are hereby authorized and required, upon an order under the hand of any such bishop, to make out of any money then in their hands, or if no money shall then be in their hands, out of the next money that shall corrie to their hands, in any case which by reason of the subsequent obedience of any such spiri- tual person to any such monition or order, or the stating and proving such sufficient reasons as aforesaid, such bishop shall think the same proper: provided always, that when any such spiritual person shall think himself aggrieved by reason of any such sequestration issued by any bishop, it shall be lawful for such spiritual per- son, within one month after the making any order for any such sequestration as aforesaid, to appeal to the archbishop of the province to which such bishop shall belong, who shall forthwith, either by himself or some commissioner or commis- sioners appointed from among the bishops of his province for that purpose, under STATUTA GEORGII IV. A.D. 1820—1830. 1279 his hand and seal, make or cause to he made due inquiry into the same, and make Stat. 5 Geo. such order therein or relating thereto, or to the profits that shall be so sequestered 4> c- 91. [Ir.] as aforesaid, for the return to such spiritual person of the same or any part thereof, or otherwise, as shall, under all the circumstances of the case, appear to such arch- bishop (after such inquiry made by himself or by his commissioner or commis- sioners, and in the latter case, after the substance of such inquiry shall have been returned in writing to the said archbishop) to be just and proper: provided always, Appellant to that the party so appealing shall give security to the bishop for the payment of &ive security such reasonable expenses occasioned by the appeal, as the archbishop or his com- ^ expenses °^ missioner or commissioners shall award : provided also, that no such order for any sequestration shall be jmt in force during such appeal as aforesaid, and until the same shall be determined. " XXVI. And be it further enacted, that every spiritual person, to whom any Persons who such monition or order in writing shall be sent as aforesaid, under this act, who sna.ll return to shall be at the time of the issuing thereof absent from residence in or upon his residePce 01* _ . . ° . ,11,., i. monition, shall benefice, contrary to the provisions of this act, but who shall, in obedience to pay tne COsts. such monition or order, forthwith return to due residence, and the profits of whose benefice shall, by reason of such return, not be sequestered, shall nevertheless pay all costs, charges, and expenses incurred by reason of the issuing and serving such monition or order, to be levied as any costs may be levied upon any spiritual person by any bishop under any of the provisions of this act. " XXVII. And to the intent effectually to enforce bona fide residence, according If any person to the intent and meaning of such monition and order as aforesaid, be it further returning to enacted, that if any spiritual person, not licensed under this act to be absent from his J^J^J °^a.n. benefice, nor having other lawful cause of absence from the same, who after any before six ' such monition or order as aforesaid, requiring his residence, and before or after any months there- such sequestration as aforesaid, shall, in obedience to any such monition or order, a^ter' absent have begun to reside upon his benefice, shall afterwards, and before the expiration j|!n?8e1*' tlie of six months next after the commencement of such residence, without the leave of without morri- such bishop, wilfully, in the judgment of such bishop, absent himself from such tion, sequester benefice, it shall be lawful for such bishop, without issuing any other monition, or tne profits of making any other order, again to sequester and apply the profits of such benefice the benence- as before directed by this act, for the purpose of enforcing the residence of such spiritual person, according to the true intent of the original monition issued by such bishop as aforesaid ; and it shall be lawful for the bishop so to proceed in like cases from time to time, as often as occasion may require ; provided that in each and every of such cases, such spiritual person shall be entitled to appeal against such sequestration, in such manner and upon such terms as hereinbefore is and are mentioned touching appeals respecting sequestration; but nevertheless the same shall be in force during such appeal. "XXVIII. And whereas it is expedient that bishops should be empowered Bishops em- summarily to punish past non- residence as well as to compel residence in future ; powered to be it therefore enacted, that in all cases in which any spiritual person shall have Punish Past become subject to any penalty or forfeiture for any non-residence, it shall be law- non"res,dence- ful for the bishop within whose diocese such penalty or forfeiture shall have arisen, to proceed against such spiritual person for such past non-residence, and to levy the penalties incurred thereby by monition and sequestration, and to direct the application thereof in like maimer, and subject to the same regulations, and with like powers of remitting or ordering the repayment of any part of such penalties, as is directed or allowed in cases of non-compliance with any order for residence. Penalties for " XXIX. And be it further enacted, that in every case in which any archbishop tne recovery of or bishop shall think proper under all circumstances, after proceeding by moni- whieh monition tion for the recovery of any penalty under this act, of more than one-third of the m^beremUted value of any benefice, for any non-residence exceeding six months in the year, to by the bishop, remit the whole or any part of any such penalty, such archbishop shall forth- and special with transmit to the lord lieutenant or other chief governor or governors, and returns made to the privy council in Ireland, and such bishop shall transmit to the archbishop fVsuchre-118 of the province to which he belongs, a list of such cases as have occurred in his mission. ' 1280 STATU T A GEORGII IV. A.D. 1820-1830. Stat. 5 Geo. 4, c. 91. [Ir.J If any spiri- tual person shall continue under seques- tration two years, or incur three seques- trations within that period, the benefice shall become void. Contracts for letting houses in which any spiritual per- sons shall by order of the bishop be required to reside shall be void. Any person holding pos- session after the day ap- pointed shall be subject to penalty. Justice may grant warrant to take pos- session. Not liable to penalty while the tenant shall continue to occupy. or their .respective dioceses, specifying the nature and special circumstances of each case, and the reasons for the said remission, in the same manner as is directed in relation to the licences for non-residence granted in non-enumerated cases; and it shall thereupon be lawful for the lord lieutenant or other chief governor or governors of Ireland, by and with the advice and consent of his majesty's privy council in Ireland, or for the said archbishop, as the case may be, to allow or disallow such remission in whole or in part, in the same manner as is provided in this act with relation to the allowance or disallowance of licences for non-residence ; provided always, that the decision of the said archbishop with respect to cases transmitted to him from any such bishop shall be final. " XXX. And be it further enacted, that if the benefice of any spiritual person shall continue for the space of two years under any sequestration, and under the provisions of this act, for disobedience to the bishop's monition requiring such spiritual person to reside on his benefice, or shall under the provisions of this act incur three such sequestrations in the said space of two years, the spiritual person not being relieved with respect to any of such sequestrations upon appeal, the bene- fice in relation to non-residence upon which such, sequestration shall have been made, shall become ipso facto void, and the bishop of the diocese shall thereupon give notice thereof to the patron or person entitled to present, who shall thereupon present or nominate some clerk thereto, other than the spiritual person whose benefice shall have so continued under such sequestration, or who shall have incurred such sequestrations as aforesaid, as if the same had been avoided by the natural death or resignation of such spiritual person. " XXXI. And be it further enacted, that all contracts or agreements made for the letting of the house of residence, or the buildings, gardens, orchards, and appur- tenances necessary for the convenient occupation of the same, belonging to any benefice, to which house of residence any spiritual person shall be required, by order of the bishop as aforesaid, to proceed and to reside therein, or which shall be assigned or appointed as a residence to any curate by the bishop, shall, upon a copy of such order, assignment, or appointment being served upon the occupier thereof, or left at the house, be null and void ; and a copy of every such order, assignment, or appointment, shall immediately on the issuing thereof be transmitted to one of the churchwardens of the parish, or such other person as the bishop shall think fit, and be by him forthwith served on the occupier of such house of residence, or left at the same ; and any person continuing to hold any such house of residence, or any such building, garden, orchard, or appurtenances, after the day on which the said spiritual person shall be directed by such order to reside in such house of resi- dence, or which shall be specified in any such assignment or appointment ; and after service of such copy as aforesaid, or the same being so left as aforesaid, shall forfeit the sum of forty shillings for every day he shall, without the permission of the bishop in writing for that purpose obtained, wilfully continue to hold any such house, building, garden, orchard, or appurtenances, together with the expenses of serving such order, in case it shall have been deemed necessary specially to serve such order, to be allowed by the bishop issuing the order, or making such assign- ment or appointment as aforesaid, and to be recovered and applied in like manner as the penalties for non-residence are directed to be recovered and applied by the provisions of this act ; and it shall also be lawful for the spiritual person so directed to reside as aforesaid, or curate to whom any such residence is assigned, to apply to any justice of the peace or magistrate of the county, riding, province, city, or place, for a warrant for the taking possession thereof, and the justice of the peace to whom any such order for such possession is produced, shall and he is hereby required thereupon to give a warrant for such possession, and possession may there- upon be taken of such house under such warrant, at any time in the day-time, by entering the same by force, if necessary, without any other proceeding by ejectment or otherwise ; anything in any act or acts of parliament or law or laws to the con- trary notwithstanding " XXXII. Provided always, and be it further enacted, that no spiritual person shall be liable to any penalties for not residing in any such house or residence STATUTA GEORGII TV. A.D. 1820-1830. 1281 daring such time as such tenant shall continue to occupy such house of residence, Stat. 5 Geo. or other buildings necessary to the occupation of the same. 4, c. 91. [Ik.] " XXXIII. And be it further enacted, that from and after the passing of this No oath re- act, no oath shall be required of or taken by any vicar, in relation to residence on ^ting to resi- his vicarage ; any law, custom, constitution, or usage to the contrary thereof not- dence shali be J ' 7 required ot any vicar. XXXIV. And be it further enacted, that no penalty or forfeiture shall be Penalties not recovered by any proceeding or action against any spiritual person, under the pro- recoverable for visions of this act, other or further than those which such spiritual person may more tban one have incurred during the year ending on the thirty-first day of December imme- y6ar* diately preceding the commencement of such proceeding or action. " XXXV. And be it further enacted, that every penalty for non-residence Penalties not under this act, in respect of which no proceeding shall have been had by monition levied under before the first dav of April next after the year in which the same shall have been p1011111011 may r . . , . i i • be recovered incurred, may be recovered by action or suit in the manner by this act directed. action. "XXXVI. And be it further enacted, that no action of debt, bill, plaint, or Actions for pe- information against any spiritual person, for the recovery of any penalties and for- nalties not to feitures under this act, shall be commenced or filed in am' of his majesty's courts be commenced , • • before IstAlay of record at Dublin, until the first day ot May after the expn-ation ot the year m after expiration which the alleged offence shall have taken place. of the year. " XXXVII. And be it further enacted, that for all the purposes of this act, Commence- the year shall be deemed to commence on the first day of January, and be reckoned ment and con- therefrom to the thirty-first day of December, both inclusive. elusion of the " XXXVIII. And be it further enacted, that for all the purposes of this act, year* f^Fil pn (\ ft V the months therein named shall be taken to be calendar months, except in any j^^g t0 De case in which any month or months are to be made up of different periods less taken for the than a month, and in every such case thirty days shall be deemed a month. purposes of "XXXIX. And whereas, notwithstanding the regulations contained in this tbls 'dct- act, spiritual persons may, through inadvertence, and in many cases from unavoid- ^ able circumstances and causes, become subject to penalties and forfeitures, and an^ penaity vexatious prosecutions, unless provision is made for the prevention thereof ; be it until after one therefore enacted, that from and after the passing of this act no writ shall be sued calendar out against, nor any copy of any process at the suit of any informer be served mo^ !^tice upon any spiritual person, for any penalty or forfeiture incurred under any of the defendant and provisions of this act, until a notice in writing of such intended writ or process bishop of shall have been delivered to liim, or left at the usual or last place of his abode, and diocese, also to the bishop of the diocese, by leaving £he same at the registry of his diocese, by the attorney or agent for the party who intends to sue or cause the same to be sued out or served, one calendar month at the least before the suing out or serving the same ; in which notice shall be clearly and explicitly contained the cause of action which such party hath or claimeth to have, and the penalty or penalties for which such person intends to sue, and on the back of which notices respectively shall be indorsed the name of such attorney or agent, together with the place of his abode ; and no such notice shall be given before the first day of April in the year next after any such penalty or penalties shall have been incurred. " XL. And be it further enacted, that no plaintiff shall recover any verdict Plaintiff not to against any spiritual person for any penalty or forfeiture under the provisions of recover without this act, unless it is proved upon the trial of such action that such notices were S^tsuSt^no respectively given as aforesaid, but in default thereof such spiritual person shall tices were**0" recover a verdict with double costs. given. " XLI. And be it further enacted, that no evidence shall be permitted to be No evidence to given by the plaintiff on the trial of any such action as aforesaid of any cause of be given but action, except such as is contained in the notices hereby directed to be given. SUC* " j • i- vt tt a i i • . r- .-i , . ° contained in XLII. And be it further enacted, that it shall be lawful for any spiritual the notices. person against whom any action shall be brought for any penalty or forfeiture Spiritual per- under the provisions of this act, by leave of the court in which such actions shall son ma)r' b7 depend, at any time before issue joined, to pay into court such sum of money as J^J*' jJJJ^f0 he shall see fit, whereupon such proceedings, orders, and judgments shall be had, Sue joined, 4 N 1282 STATUTA GEORGII IV. A.D. 1020 -1830. Stat. 5 Geo. 4, c. 91. [Ir.] such sum as he shall think fit. The court in which any action shall be depending may- require the diocesan to certify the reputed annual value of bene- fices, &c. Licences may be pleaded in bar of action ; and in case of nonsuit, &c. the defendant shall have double costs. If at the time of filing any monition no action shall have been commenced, none shall be afterwards brought, &c. No penalty to be levied against the person where it can be reco- made, and given in and by such court, as in other actions where the defendant is allowed to pay money into court. " XLIII. And be it further enacted, that the court in which any action, bill, plaint, or information shall be depending, for the recovery of any penalty or for- feiture for non-residence under this act, may and shall, upon application made for that purpose, require by rule or order of the said court, or any judge thereof, the bishop of the diocese within the limits of which the benefice shall be locally situate, or to whom the same shall be subject, according to the provisions of this act, for or by reason of non-residence in, at, or upon which the penalties and for- feitures shall be sought to be recovered by such action, bill, or information, to certify in writing under his hand to the said court, and also to the party for that purpose named in the said rule or order, the reputed annual value of such benefice ; and upon such rule or order being left with such bishop, or the registrar of such bishop, such bishop shall accordingly certify such reputed annual value ; and such certificate shall in all subsequent proceedings upon such action, bill, plaint, or information, be received and taken as evidence of the annual value of such benefice for the purposes of this act, without prejudice nevertheless to the admissibility or effect of any such other evidence as may be offered or given respecting the actual value thereof. " XLIV. And be it further enacted, that it shall be lawful for any spiritual person to whom any licence for non-residence shall have been granted, and against whom any action shall be brought for any penalty or forfeiture by reason of any non-residence, or any matter or thing relating whereto any such licence under this act has been granted, to plead such licence in bar of any such action ; and if the plaintiff in such suit or action shall discontinue any such suit or action after any plea of licence shall have been pleaded thereto under this act, then and in such case the defendant in such suit or action shall have full costs of suit ; and if in any such suit or action a verdict shall be given for the defendant, or the plaintiff shall become nonsuit, the defendant shall have double costs, and have the like remedy for the same as any defendant hath in other cases to recover costs by law ; and it shall be lawful for the court, or any judge of the court in which any suit or action shall be commenced, upon any application made in that behalf, to order and direct, if such court or judge shall deem it expedient so to do, that the plaintiff in any such suit or action shall give security for the payment of such costs, and that all proceedings in any such suit or action shall be stayed until such security shall be given, as to the court or judge to whom any such application shall be made shall seem fit. "XLV. Provided always, and be it further enacted, that if at the time of filing any monition requiring any spiritual person to reside on his benefice, or to recover the penalties incurred by past non-residence, no notice of any action for any such penalty or forfeiture shall have been already given in manner aforesaid, then and in such case no such action, suit, bill, plaint, or information shall be afterwards brought for any penalty or forfeiture incurred by reason of any non- residence of such spiritual person before the issuing of such monition, and during any proceedings that may be had under such monition ; and if any such action or suit shall be so commenced, the defendant therein may plead in bar thereof that such a monition as aforesaid has issued in respect of the same benefice, and such defendant, unless upon application to the court the same shall be dis- pensed with, shall, upon pleading such matter, file or cause to be filed an affidavit in the said court, thereby stating the period specified in such monition, and that, according to the belief of the defendant, the bishop who has issued or caused such monition to be issued is proceeding upon the said monition, to the intent to make the same effectual to all intents and purposes of this act, otherwise such plea shall not be good or available in the law. "XLVI. And be it further enacted, that no penalty or costs incurred by any spiritual person by reason of any non-residence on his benefice shall be levied by execution against the body of any such person whilst he shall hold the same or any or any other benefice out of the profits of which the same can be levied by seques- STAT I TA GEORGII IV. A.D. 1820-1830. 1283 tration within the term of three years ; and in case the body of any such spiritual person shall be taken in execution for the same, the court in which the same was recovered, or any judge thereof, may and shall, upon application made for that purpose, discharge the party from such execution, in case it shall be made to appear to the satisfaction of such court or judge that such penalty and costs can be levied as aforesaid. " XLVII. And be it further enacted, that if any spiritual person holding any benefice, who does not or shall not actually reside thereon nine months in each year (unless such person shall do the duty of the same, having a legal exemption from residence, or a licence to reside out of the parsonage house or vicarage house, or other usual house or residence belonging to the same), shall, for a period exceeding three months, absent himself from his benefice without leaving a curate duly licensed, or other spiritual person, to perform, and who shall duly perform the ecclesiastical duties of such benefice, or shall for a period of three months after the death, resignation, or removal of any curate who has served his church or chapel, neglect to notify such death, resignation, or removal to the bishop of the diocese, or to nominate to the bishop of the diocese a proper curate, then, and in every such case, and in every case in which no curate shall be nominated to the bishop for the purpose of being licensed by him within such period as aforesaid, the bishop is hereby authorized to appoint and license a proper curate, with such salary as by this act is allowed and directed, to serve the church or chapel of the parish or place in respect of which such neglect or default shall have occurred : provided always, that the licence shall in every case specify whether the curate is required to reside within the parish or place or not, and if the curate is permitted by the bishop granting the licence to reside out of the parish or place, the grounds upon which the curate is so permitted to reside out of the parish or place shall be specified in the said licence ; and the distance of the residence of any curate from any church or chapel which he shall be licensed to serve shall not exceed five statute miles, except in cases of necessity, to be approved by the bishop and speci- fied in the licences. "XLVIII. And be it further enacted, that in every case where a curate is appointed to serve a benefice upon which the incumbent is non-resident for more than three months in the year, from exemption, licence, or otherwise, such curate shall be required by the bishop to reside within the parish, provided the gross value of such benefice amounts to three hundred pounds a year or upwards, and the population amounts to three hundred persons or upwards, or provided the population amounts to one thousand persons or upwards, whatever may be the value of such benefice : provided always, that whenever it shall be made out to the satisfaction of such bishop, that from special and peculiar circumstances great inconvenience would arise from such curate being compelled to reside within the parish, it shall be lawful for the bishop to allow such curate to reside in some near and convenient place : provided also, that the licence to be granted to such curate sball specify the special circumstances which have induced the bishop to allow such residence out of the parish, and shall be entered and filed in the registry of the diocese. "XLIX. And be it further enacted, that whenever it shall appear to the satis- faction of any bishop, either of his own knowledge or upon proof by affidavit laid before him, that by reason of the number of churches or chapels belonging to any benefice locally situate within his diocese, or the distance of such churches or chapels from each other, or the distance of the residence of the spiritual person serving the same from such churches or chapels, or any or either of them, or the negligence, or mental or bodily infirmity of the spiritual person holding the same, that the ecclesiastical duties of such benefice are inadequately performed, or where it shall appear to such bishop as aforesaid, that the residence of such spiritual person is at too great a distance from any parish united to the one in which he resides to admit of his performing all the ecclesiastical duties, such bishop may, by writing under his hand, require the spiritual person holding such benefice to nominate to him a fit person or persons, with sufficient stipend or stipends, to be 4 N 2 Stat. 5 Geo. 4, c. 91. [1r.] vered by se- questration within three years. Non-resident incumbents neglecting to appoint cu- rates, bishop to appoint. Licence to specify whe- ther curate is to reside in the parish or not. Curate to reside on all benefices above 300/. a year, &c. except under special circumstances. If duty be inadequately performed, the bishop may appoint curate. 1284 STATUTA GE0RG1I IV. A.D. 1820—11330. Stat. 5 Geo. 4, c. 91. [Ir.] Appeal to archbishop. Bishops may enforce per- formance of church service both morning and evening. Statement of particulars necessary to be given by per- sons applying for a licence for a curate. Bishops shall appoint salaries to curates. Licences to express the amount. On obtaining such licence, a fee of 1/. to bishop's secre- tary. Person ap- pointed to two or more cura- cies to sign one declaration. licensed by him to perform or to assist in performing such duties, specifying therein the grounds of such proceeding ; and if such spiritual person shall neglect or omit to make such nomination for the space of three months after such requisi- tion so made as aforesaid, then and in every such case it shall be lawful for such bishop to appoint a curate or curates, as the case shall appear to such bishop to require, with such stipend or stipends as such bishop shall think fit to appoint, not exceeding in any case in the whole the stipends allowed to curates by this act, nor, except in the case of negligence, exceeding one half of the gross annual value of the benefice, although the spiritual person to whom such churches or chapels shall belong shall actually reside or serve the same : provided always, that such requisition, and any affidavit made to found the same, shall be forthwith filed by the bishop in the registry of his court : provided also, that it shall be lawful for any such spiritual person who shall think himself aggrieved by any such appoint- ment of such curate or curates, to appeal to the archbishop of the province to which such bishop shall belong, in such and the like manner, and under such pro- visions and directions as are allowed to any spiritual person thinking himself aggrieved by any sequestration issued by any bishop. " L. And be it further enacted, that in all cases where the bishop of the dio- cese shall deem it proper to enforce the performance of morning and evening service on Sundays, or any other service required by law in any parish church or parochial chapel, or the chapel of any extra-parochial place, it shall be lawful for such bishop to enforce the same by monition and sequestration, to be issued in the manner by this act provided. " LI. And be it further enacted, that every bishop to whom any application shall be made for any licence for a curate to serve for any person not duly residing upon his benefice, shall, before he shall grant such licence, require a statement of all the particulars by this act required to be stated by any person applying for a licence for non-residence : and it shall not be lawful for any bishop to grant a licence to any curate to serve the church or chapel of any person as aforesaid, upon any such application as aforesaid, until a statement of all such particulars as aforesaid shall have been delivered to him ; and such statement shall be kept and filed, and preserved from public inspection, and disclosed only in like manner, and in such cases, as is before directed as to statements of persons applying for licences for non-residence. " LII. And be it further enacted, that it shall be lawful for the bishop, and he is hereby required, subject to the several provisions and restrictions in this act con- tained, to appoint to every curate such salary as is allowed and specified in this act ; and every licence to be granted to a stipendiary curate under this act shall contain and specify the amount of the salary allowed by the bishop to the curate, and such licence, or any copy of the registry thereof, signed by the registrar of the diocese or his deputy, shall be evidence of the amount of the salary so appointed to any curate in all courts of law or equity ; and in case any difference shall arise between any rector or vicar, or person holding any benefice, and his curate, touch- ing such stipend or allowance, or the payment thereof, or of the arrears thereof, the bishop, on complaint to him made, may and shall summarily hear and deter- mine the same ; and in case of wilful neglect or refusal to pay such stipend, salary, or allowance, or the arrears thereof, he shall be and is hereby empowered to proceed by monition and sequestration to sequester the profits of the benefice for #nd until payment of such stipend or allowance, or the arrears thereof : provided always, that the curate obtaining any such licence shall pay to the secretary or officer of the bishop, the sum of one pound, exclusive of any stamp duty which may be chargeable thereon, which said sum of one pound shall be in remuneration of all and every fee or fees now demandable by the said secretary or officer for obtaining such licence, or for the signature of any declaration by the said curate in conse- quence of such licence, or of any certificate of such curate having signed such declaration : and provided also, that from and after the passing of this act, as often as any person shall be licensed to two or more curacies within the same diocese at one and the same time, it shall be sufficient for such person to si^n one declara- STATU TA GEORGII IV. A.D. 1820—1830. 1285 tion only, appointed to be signed by an act made in the parliament of Ireland in the seventeenth and eighteenth years of the reign of King Charles the Second, intituled, 'An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies ; and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons, in the Church of Ireland ;' and once to take the oaths of allegiance and abjuration ; and also that it shall be sufficient for such person to produce one certificate only of his having so signed such declaration, and taken such oaths, before the bishop of the diocese. " LIII. And be it further enacted, that it shall be lawful for the bishop to appoint for the curate any stipend or allowance not exceeding seventy-five pounds per annum, and also the use of the house of residence, with the gardens and stables belonging thereto, or a further sum of fifteen pounds in lieu of the use of the rectory or vicarage house, or other houses of residence in case there shall be no house, or it shall not appear to the bishop convenient to allot or assign the house to the curate, in respect of any benefice to which the spiritual person holding the same was insti- tuted or appointed before the third day of February, one thousand eight hundred and twenty-four ; but it shall not be lawful for the bishop to assign any greater stipend or allowance than aforesaid, in respect of any such benefice, during the incumbency of any such spiritual person as aforesaid, unless with the consent of the spiritual person holding the benefice, or in case of neglect to appoint or to nominate to the bishop a proper curate. " L1V. And be it further enacted, that in every case in which any spiritual person shall have been, after the third day of February, one thousand eight hun- dred and twenty-four, or shall at any time after the passing of this act be instituted or inducted, or nominated or appointed to, or otherwise become incumbent or pos- sessed of any benefice, and shall not duly reside thereon, unless such person shall do the duty of the same, having a legal exemption from residence, or a licence to reside out of the same, or to reside out of the parsonage or vicarage or other usual house of residence belonging to the same, the bishop shall appoint for the curate licensed to serve such benefice of such non-resident incumbent, or person as afore- said in his absence, such salary as is hereinafter next mentioned ; (that is to say,) such salary shall in no case be less than eighty pounds per annum, or than the annual value of the benefice, if the gross value thereof shall not amount to eighty pounds per annum ; and such salary shall not be less than one hundred pounds per annum, or than the whole value as aforesaid, if the said value shall not amount to one hundred pounds per annum, in any parish or place where the population according to the returns then last made in pursuance of any act or acts of parliament, shall amount to or exceed three hundred persons ; and such salary shall not be less than one hundred and twenty pounds per annum, or the whole value as aforesaid, if the said value shall not amount to one hundred and twenty pounds per annum, in any parish or place where the population shall appear as aforesaid to amount to or exceed five hundred persons ; and such salary shall not be less than one hundred and fifty pounds per annum, or than the whole value as aforesaid, if the said value shall not amount to one hundred pounds per annum, in any parish or place where the population shall appear as afore- said to amount to or to exceed one thousand persons : provided always, that the annual value of all benefices, of which the value estimated as is herein provided does not amount to one hundred and fifty pounds per annum, shall be estimated from the returns made by the bishops of the several dioceses to the trustees and commissioners of the first-fruits in Ireland, or from any future returns which may be made by the said bishops to the said trustees and commissioners respect- ing parishes or places omitted in the said returns, or respecting parishes or places in the actual income of which it shall be made appear to the bishops, that any considerable variation has taken place, either by augmentation made by the said trustees and commissioners, or otherwise ; and that the annual value of all benefices, of which the value estimated as is herein provided does not amount to one hundred pounds or upwards, shall be estimated by the bishops of the several dioceses, in such manner as shall be satisfactory to them. Stat. 5 Geo. 4, c. 91. [Ir.] Stipends to curates of in- cumbents be- fore 3rd Fe- bruary, 1824, not to exceed 75/. per an- num, and the use of the residence, &c. except in cases of neglect. The salaries payable to curates to be in proportion to the value and population of the bene- fices. 1286 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 91. [Ir.] Where the benefice ex- ceeds 400/. an allowance may be made to curate of 100Z. per annum, &c. Smaller salaries to be allowed to curates in certain cases. Salary of cu- rate engaged to serve inter- changeably at different places belonging to the same in- cumbent. Spiritual per- sons not to serve more than two churches in one day, ex- cept in certain cases, and with special licence for that pur- pose rom the bishop. " LV. And be it further enacted, that in any parish [or place, where it shall appear to the satisfaction of the bishop that the actual income of the benefice, clear of all deductions, exceeds the sum of four hundred pounds per annum, it shall be lawful for the bishop to assign to the curate of such parish or place, being resident within the same, and serving no other cure, a salary or allowance of one hundred pounds per annum, notwithstanding the population of such parish or place may not appear as aforesaid to amount to three hundred persons ; and that in any parish or place where the actual annual income shall appear to exceed four hun- dred pounds as aforesaid, and where the population shall also appear as aforesaid to amount to or exceed five hundred persons, it shall be lawful for the bishop to assign to the curate of such parish or place, being resident within the same, and serving no other cure, any larger or further stipend or allowance, or to appoint an additional curate, so that the stipends or allowances to such curate or curates shall not 'exceed by more than fifty pounds per annum the amount of the stipend or allowance hereinbefore respectively required to be assigned to any such curate. " LVI. And be it further enacted, that in every case in which it shall be made out to the satisfaction of the bishop of any diocese, that any spiritual person hold- ing any benefice is or has become non-resident, or incapable, from age, sickness, or other unavoidable cause, of performing the duties thereof, and that from these or from any other special and peculiar circumstances of the case, great hardship or inconvenience would arise, if the full amount of salary specified in this act should be allowed to the curate, then and in such case it shall be lawful for such bishop to assign to the curate any such salary less than the said full amount in this act specified, as shall under all the circumstances appear to him just and reasonable : provided always, that in the licence granted in every such case, it shall be stated, that for special reasons the bishop hath not thought proper to assign to the curate the full amount of salary allowed or required to be assigned by this act : provided also, that such special reasons shall be entered fully and at large in a separate book to be kept for that purpose, and to be deposited in the registry of the diocese, which book shall not be open to inspection, unless with the leave of the bishop, or by other proper authority, as in the cases of application for licences for non- residence. "LVII. And be it further enacted, that if any incumbent of two or more benefices, residing bond fide in different proportions of each and every year, or some or one other of such benefices, the full period specified by this act, shall employ a curate to perform ecclesiastical duty interchangeably from time to time upon such of the benefices from which he shall be absent during his own actual residence upon any other thereof, then and in such case it shall be lawful for the bishop to assign to any such curate any salary not exceeding such salary as would be allowed under this act for the largest of such benefices, nor less than would be allowed for the smallest, as to the bishop shall under all the circumstances appear just and reasonable : provided always, that if any such incumbent shall employ a curate or curates for the whole year upon each or any of such benefices, such incumbent so residing bond fide as aforesaid, then and in such case it shall be lawful for the bishop to assign to either or each of such curates any such salary, less than the amount specified in this act, as he shall think fit. " LVIII. And be it further enacted, that from and after the passing of this act, no spiritual person shall serve more than two churches in one day, or two chapels, or one church and one chapel in one day, unless from the local situation of the churches or chapels, or from the value of the benefices to which they belong, or other special causes, it may in the judgment of the bishop be expedient or neces- sary for the performance of ecclesiastical duties in such places, to grant licence to any spiritual person to serve three churches or chapels, then and in such case it shall be lawful for the bishop to grant such licence to any spiritual person to serve three churches or chapels, not being distant from each other more than four mea- sured miles: provided always, that in every such case the reasons for granting such licence shall be stated by the bishop in the licence granted for serving the third of such churches or chapels held by such spiritual persons, and such licence STATUTA GEORGII IV. A.D. 1820-1830. 1287 shall not be valid or effectual unless the reasons for granting the same are inserted Stat. 5 Geo. therein as aforesaid : provided always, that the residence of such curate or spiritual 4, c. 91. [1r.] person shall be so placed as that it shall not be necessary for him to travel more than sixteen measured miles in one day for the performance of the duties of such churches or chapels. " LIX. And be it further enacted, that in every such case where any bishop How the sala- shall find it necessary or expedient, for the obtaining any proper performance of ™£SUg{^^ere ecclesiastical duties, to licence any person holding any benefice to serve as curate thg curate is of any adjoining or other parish or place, it shall be lawful for such bishop to permitted to appoint, for such spiritual person so licensed, a salary less by a sum not exceeding serve in an thirty pounds per annum than the salary which in the several cases in this act adjoining specified, the bishop is required to assign and appoint ; and in every case where the bishop shall find it necessary or expedient as aforesaid to license one and the same person to serve as curate for more than one parish or place, it shall be lawful for such bishop to direct that, during such time as such curate shall serve such churches or chapels, the salary to be received by him for serving each of the said churches or chapels, shall be less by a sum not exceeding thirty pounds per annum than the salary which, in the several cases hereinbefore mentioned, the bishop is required by this act to assign and appoint. " LX. And be it further enacted, that all agreements and contracts made or to Agreements be made between persons holding benefices and their curates, in fraud or derogation for salaries to of the provisions of this act, and all agreements and contracts whereby any curate trary tQ th-~ shall undertake or in any manner bind himself to accept, or be content with any act, void, stipend or salary less than that which shall be stated to be allowed in any licence of such curate, shall be void to all intents and purposes in the law whatsoever, and shall not be set up, pleaded, or given in evidence in any court of law or equity, and notwithstanding the payment and acceptance in pursuance of any such contract or agreement, of any sum less than the sum specified in the licence of such curate, or any receipt, discharge, or acquittance that may be given in cases of such payment and acceptance, the curate or his personal representatives shall be and remain enti- tled to the full amount of what shall remain unpaid of the stipend, salary, or allow- ance specified in his licence ; and the payment of what shall so remain unpaid, shall, together with treble costs of recovering the same, be enforced by monition, on proof of what shall so remain unpaid to the satisfaction of the bishop, and by sequestration of profits of the benefice, to be issued by the bishop for that pur- pose ; provided that the application of the curate shall in every such case be made to the bishop within twelve months after he shall have acquitted his curacy, or by the representative of any curate within twelve months after his death ; and provided also, that no sequestration shall, by virtue of this act, affect the profits of any benefice beyond the time during which the benefice shall be held by the person liable to make the payment in respect of which such profits shall be sequestrated. " LXI. And be it further enacted, that in every case in which any bishop shall Curate's sa- appoint for any curate a salary equal to the whole annual value of such benefice, laiT> if °f the such salary shall be subject to deduction in respect of all such charges and out- betTfice ^ail goings as may legally affect the value of such benefice, and to any loss or dimi- be liable' to nution which may lessen such value, without the wilful default or neglect of the certain charges, spiritual person holding the benefice. " LXII. And be it further enacted, that it shall be lawful for the bishop, upon The bishop to the application of any rector, vicar, or spiritual person holding any benefice, the allow the rec- whole profit or income of which shall have been allotted to the curate, to allow J:or' &c' to such rector, vicar, or spiritual person to deduct and retain therefrom, in any or curateWwy, each year, so much money, not exceeding in any case one-fourth part of such pro- for repairs to ' fits or income, or of the salary assigned to the curate, as shall have been actually a limited laid out and expended during the year in the repair of the chancel, parsonage, amount, in vicarage, or other house of residence, and premises and appurtenances thereto be- longing, in respect of which such rector, vicar, or person as aforesaid, or his exe- cutors, administrators, or assigns, would be liable for dilapidations to the successors ; and it shall also be lawful for the bishop, in like manner, to allow any rector, 1288 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 91. [In.] Curates may be directed to reside in par- sonage house, in case of non- residence of incumbents. Curates to pay- taxes of par- sonage houses in certain cases. Bishop may- direct the cu- rate to give up possession of parsonage. Rector, &c. shall not dis- possess curate of house with- out order of the bishop, and three months' notice to cu- rate; curate to quit in one month after institution to a vacant bene- iicc, &c. vicar, or spiritual person aforesaid, having or holding any benefice, the profits or income of which shall not exceed one hundred and fifty pounds per annum, to deduct and retain from the salary allotted to the curate, in each or any year, so much money as shall have been actually laid out and expended in such repairs as aforesaid, over and above the amount of the surplus remaining of such profits or income, after payment of the salary allotted to the curate, so that the sum so deducted, after laying out such surplus, shall not in any year exceed one-fourth part of the salary allotted to the curate. " LXIII. And be it further enacted, that it shall be lawful for the bishop who shall grant any licence to the curate to serve any church or chapel where the rector or vicar or person holding any benefice is not resident for four months in each year, to allot, if he shall think fit, for the residence of such curate, the par- sonage or viearage house, or usual house of residence of the person holding the benefice, with the offices, stables, gardens, and appurtenances thereto belonging, if there shall be any such house of residence belonging thereto, or any part or parts thereof, together with any portion of the glebe land of such benefice, not exceeding ten acres in the whole, during the time of such curate's serving the cure, or during the non-residence of such rector or vicar, or spiritual person ; and it shall be lawful for the bishop assigning any such house or residence to any curate, to sequester the profits of the benefice to which the house shall belong, in any case in which possession shall not be given up to the curate, and until such possession shall be given, and to apply or direct the application of the profits arising from such seques- tration, or to remit the same or any part thereof, as the bishop shall in his discre- tion think fit. " LXIV. And be it further enacted, that in every case where the bishop shall appoint, for the curate licensed to serve any benefice, a salary not less than the whole gross annual value of the same, and shall, in addition to such salary, direct that such curate shall reside in the parsonage or vicarage house, or usual house of residence of the spiritual person holding such benefice, such curate shall be liable during his serving such cure to the same taxes and parochial rates and assessments in respect of such house and the appendages thereof of which he may be so in occupation, and for the repairs of such house, and for any payments to the com- missioners and trustees of the first-fruits of any sums payable out of or in respect of such benefice, as if he had been instituted or inducted, or nominated or appointed to the said benefice. " LXV. And be it further enacted, that it shall be lawful for the bishop at any time, upon three months' notice in writing, to direct any such curate to deliver up any such parsonage or vicarage house or usual house of residence, and the offices, stables, gardens, and appurtenances thereto belonging, and such curate shall there- upon peaceably deliver up the possession of the said premises, pursuant to such notice ; and in case any such curate shall refuse to deliver up such premises, he shall forfeit and pay to the rector or vicar, or spiritual person holding the benefice, the sum of forty shillings for every day of such wrongful possession, to be reco- vered by such rector or vicar or spiritual person by action of debt in any court of record at Dublin, as any penalties may be recovered for non-residence under this act. " LXVI. And be it further enacted, that it shall not be lawful for the rector or vicar or other person holding any benefice, in any case in which the parsonage or vicarage or usual house of residence shall have been assigned to the curate as a residence, to dispossess such curate or take possession thereof, until the permission of the bishop shall have been given in writing for that purpose, and three months' notice of such his intention to the curate, who shall thereupon quit the same according to such notice ; and every curate who shall reside in the house of resi- dence of any benefice which shall become vacant, shall quit such house of residence within three months after the institution or appointment of any spiritual person thereto, upon being required so to do by the spiritual person instituted or appointed, and having one month's previous notice at the least given him to quit such house of residence. STATUTA GEORGII IV. A.D. 1820—1830. 1289 " LXVII. And be it further enacted, that no curate shall quit any benefice to which he shall be licensed, until after three months' notice of his intention to quit given to the person holding such benefice, and to the bishop of the diocese, unless with the consent of the bishop of the diocose, upon pain of forfeiting to the spiri- tual person holding the benefice, a sum not exceeding the amount of his stipend for six months, at the discretion of the bishop, which sum may in such case be retained out of the stipend, if the same or any part thereof shall remain unpaid, or if the same cannot be retained out of the stipend, may be recovered by the spiritual person holding the benefice, as any penalty or forfeiture under this act may be recovered. " LXVIII. And be it further enacted, that it shall be lawful for the bishop of the diocese to license any curate who is or shall be actually employed by the rector, vicar, or other incumbent of any church or chapel, although no express nomination of such curate shall have been made to such bishop by the said rector, vicar, or other incumbent ; and that the bishop shall have power to revoke summa- rily and without process any licence granted to any curate employed in his diocese, or subject to his jurisdiction by virtue of this act, and to remove such curate for any cause which shall appear to such bishop to be good and reasonable, subject nevertheless to an appeal to the archbishop of the province, and to be determined in a summary manner. "LXIX. And be it further enacted, that every bishop who shall grant or revoke any licence to any curate under this act, shall and he is hereby required to cause a copy of such licence or revocation to be entered in the registry of the diocese within which the benefice in respect whereof any such licence shall be granted or revocation made shall be locally situate ; and an alphabetical list of such licences and revocations shall be made out by the registrar of each diocese, and entered in a book, and kept for the inspection of all persons, upon payment of the sum of three shillings and no more ; and a copy of every such licence and revoca- tion, with respect to any benefice, shall be transmitted by the said registrar to the churchwardens or chapelwardens of the parish, township, or place to which the same relates, within one month after the grant of such licence or revocation there- of, to be by them deposited in the parish chest ; and every registrar who shall refuse or neglect or omit to make any such entry, or to transmit any such copy, shall forfeit for every such offence or neglect the sum of five pounds, to be reco- vered as any penalty or forfeiture may be recovered under this act : provided always, that every such registrar shall, for every such copy transmitted to such churchwardens or chapelwardens as aforesaid, be entitled to demand and have from such churchwardens or chapelwardens, a fee of ten shillings, and no more, and such fee shall be allowed in the accounts of such churchwardens or chapel- wardens. " LXX. And be it further enacted, that all the powers, authorities, provisions, regulations, penalties, forfeitures, clauses, matters, and things in this act contained, in relation to bishops in their dioceses, shall extend and be construed to extend to the archbishops in the respective dioceses of which they are bishops, and also in their own peculiar jurisdictions, as fully and effectually as if the archbishops were named with the bishops in every such case. " LXXI. And be it further enacted, that in all cases wherein the term benefice is used in this act, the said term shall be understood and taken to mean benefices with cure, and no others, and to comprehend therein, for the purposes of this act, all donatives, perpetual and impropriate curacies, and parochial chapelries. " LXXII. And be it further enacted, that every archbishop and bishop within the limits of whose province or diocese respectively any benefice respectively exempt or peculiar shall be locally situate, shall have, use, and exercise, all the powers and authorities necessary for the due execution by them respectively, of the provisions and purposes of this act, and for enforcing the same with regard thereto respectively, as such archbishop and bishop respectively would have used and exercised if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop ; and where any benefice Stat. 5 Geo. 4, c. 91. [Ir.] Curate not to quit curacy assigned him without three months' notice to the incum- bent and bi- shop, under a certain penalty. Bishop may li- cense curates employed with- out nomina- tion, revoke any licence, and remove curate, subject to appeal to the archbishop. Licences to curates, and revocations of such licences, to be entered in the registry of the diocese. Fee for inspec- tion, 3*. Copy of licences and revocation to be transmitted to church- wardens. Fee, 10a-. Clauses relating to bishops to apply to arch- bishops in their dioceses. Definition of the term benefice. Power of arch- bishops and bishops as to benefices ex- empt or pecu- liar, locally situate within their provinces; and also as to 1290 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c.91. [Ir.] such benefices situate in more than one pro- vince, or be- tween the limits of two. Peculiars shall be subject to the archbishop or bishop to whom they belong. In every case in which juris- diction is given to bishop, &c. all concurrent jurisdiction to Monitions and sequestrations. Penalties to be recovered by monition and sequestration. Recovery of fees, !s.c. Act not to invalidate li- cences before 31st Decem- ber, 1824, nor to require any licence before that time. Commission to administer exempt or peculiar shall be locally situate within the limits of more than one pro- vince or diocese, or where the same or any of them shall be locally situate between the limits of the two provinces, or between the limits of any two or more such dioceses, the archbishop or bishop of the cathedral church to whose province or diocese the parish church of the same respectively shall be nearest in local situation, shall have, use, and exercise, all the powers and authorities which are necessary for the due execution of the provisions of this act, and enforcing the same with regard thereto respectively, as such archbishop or bishop could have used if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop respectively ; and the same, for all the purposes of this act, shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop ; provided that the peculiars belonging to any arch- bishopric or bishopric, though locally situate in another diocese, shall continue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesiastical jurisdiction. " LXXIII. And be it further enacted, that in every case in which jurisdic- tion is given to the bishop of the diocese, or to any archbishop, under the pro- visions of this act, and for the purposes thereof, and the enforcing the due execution of the provisions thereof, all other and concurrent jurisdiction in respect thereof shall wholly cease, and no other jurisdiction in relation to the provisions of this act shall be used, exercised, or enforced, save and except such jurisdic- tion of the bishop and archbishop under this act ; anything in any act or acts of parliament, or law or laws, or usage or custom, to the contrary notwithstanding. " LXXIV. And be it further enacted, that in all cases where proceedings under this act are directed by monition and sequestration, such monition shall issue under the hand and seal of the bishop, and being duly served shall be returned, with a certificate of service, into the registry of the consistorial court of such bishop ; and thereupon it shall be competent for the party monished to show cause, by affidavit or otherwise, as the case may require, against the seques- tration issuing ; and unless sufficient cause be shown to the contrary, the seques- tration shall issue under the seal of the said bishop, and in such form as is com- monly used on that behalf. " LXXV. And be it further enacted, that it shall be lawful for the bishop of any diocese, in which any spiritual person shall hold any dignity or benefice, or shall serve as stipendary curate, to recover any penalty incurred under this act in a summary way, by monition and sequestration, to be issued in the manner by this act directed, with the like powers and authorities, and subject to the like restric- tions in respect to the remission and repayment of such penalty as are by this act particularly provided, in respect to penalties for non-residence : provided always, that no spiritual person against whom any such proceeding shall have been had by any bishop for the recovery of any penalty, shall thereafter be subject to any action at law by any informer or other person, for the recovery of any penalty for the same offence, in respect of which such proceeding shall have been so had by the bishop as provided. " LXX VI. And be it further enacted, that any fees, charges, costs, or expenses, incurred or directed to be paid by any spiritual person under the provisions of this act, which shall remain unpaid for the period of twenty-one days, after demand thereof in writing, delivered to or left at the usual or last place of abode of the spiritual person liable to the payment thereof, may be recovered by moni- tion and sequestration, to be issued in the manner directed by this act. " LXXVII. Provided always, and be it further enacted, that none of the pro- visions of this act shall extend or be construed to extend to render void or invalid, before the thirty-first day of December next after the passing of this act, any licence or exemption which would have been otherwise valid and effectual, nor to require any licence to be taken before the said thirty-first day of December, which would not have been required by law before the passing of this act. " LXXVIII. And be it further enacted, that no commission issued by any bishop to any commissary or commissaries appointed to administer the oaths STATUTA GEORGII IV. A.D. 1820—1830. 1291 required to be taken by any curate for the purpose of any licence or licences granted under the provisions of this act, shall be subject to any stamp duty ; anything contained in any act or acts of parliament to the contrary notwith- standing. " LXXIX. And be it further enacted, that nothing in this act contained shall extend or be construed to extend to alter or affect his majesty's royal prerogative in the granting of dispensations for non-residence upon benefices, as the same now exists by Law. " LXXX. And be it further enacted, that no parsonage that hath a vicar endowed, or that hath a perpetual curate, and having no cure of souls, shall be deemed or taken to be a benefice within the intent and meaning of this act. " LXXXI. And be it further enacted, that no archbishop or bishop having, or who shall have any benefice, shall, by reason of non-residence upon the same, be subject or liable to any penalties or forfeitures : provided always, that any arch- bishop or bishop, who shall hold any benefice in commendam with his archbishopric or bishopric, shall nominate and appoint a resident curate, according to the pro- visions of this act. " LXXXII. And be it further enacted, that nothing in this act contained shall be deemed, construed, or taken to derogate from, diminish, prejudice, alter, or affect, otherwise than is expressly provided, any powers, authorities, rights, or jurisdiction, already vested in or belonging to any archbishop or bishop, under or by virtue of any statute, patent, canon, usage, or otherwise, howsoever. " LXXXI1I. And be it further enacted, that nothing in this act contained shall extend or be construed to extend to repeal or alter the provisions contained in any act of parliament, or any other provision of law, for the due celebration of divine service in any church or chapel, or for the discharge of any other duty of any rector or vicar, or person holding any benefice by himself or his curate. "LXXXIV. And be it further enacted, that this act shall extend and be construed to extend and relate only to that part of the United Kingdom called Ireland." Stat. 5 Geo. 4, c. 91. [In.] oaths not to be subject to stamp duty. Act not to affect his ma- jesty's prero- gative in grant- ing dispensa- tions. Parsonage without cure of souls not deemed a benefice. No archbishop or bishop shall be liable to the penalties for non-residence. Not to affect powers of bishops ; nor the due celebration of divine service. Act not to extend beyond Ireland. CV. Stat. 5 Georgii 4, c. 101. [Wales.] A.D. 1824. Stat. 5 G "An Act to enable His Majesty to grant certain Advowsons, Rectories, and Vicar- 4> c* 10 age, in the several Counties of Carmarthen, Cardigan, and Pembroke, in the EWa^ Principality of Wales, to a College to be incorporated by Charter, to be called Saint David's College" " Whereas certain edifices and premises, situate in the county of Cardigan and diocese of Saint David's, intended for a college, to be incorporated by royal charter, for the education of persons destined for holy orders, and to be called Saint David's College, are now in progress, and will shortly be completed: and whereas his majesty hath been graciously pleased to consent to the annexation in perpetuity to the said college, as an endowment thereof, of the advowson, right of nomination, presentation, collation, donation, patronage, and free disposition of, in, and to the rectory, parsonage, or parish church of Llangoedmawr alias Llangoedmore in the county of Cardigan, and of, in, and to the rectory, parsonage, or parish church of Llanedi in the county of Carmarthen, and of, in, and to the vicarage of Saint Peter's, in the town of Carmarthen in the said county of Carmarthen ; and of, in, and to the sinecure rectory or parsonage of Llangeler in the county of* Carmarthen ; and also the sinecure rectory or parsonage of Llanddewiwilfrei alias Llandde wi Wilfrai in the county of Pembroke ; and of, in, and to the sinecure rectory or par- sonage of Angulo alias Angle alias Nangle in the said county of Pembroke ; and all manner of rectorial tithes, dues, profits, and emoluments to the said several sinecure rectories appertaining, all of or belonging to his majesty, his heirs and successors ; and that the same should be vested in the said college so to be incor- porated, upon such trusts, for the benefit of the said college, as shall be declared thereof in and by his majesty's charter, under the great seal of the United King- dom of Great Britain and Ireland, for the erection and incorporation of the said 1292 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 5 Geo. 4, c. 101. [Wa.] Power for his majesty to grant certain advowsons to St. David's college, and for vesting the Power for his majesty to grant the sine- cure rectories to the said college, and for vesting the same. college ; therefore, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in case his majesty shall be pleased to grant his charter under the great seal of the United Kingdom of Great Britain and Ireland, for the erection and incorporation of the said college, to be called Saint David's College, it shall be lawful for his majesty, his heirs and successors, in and by the said charter, to grant the advowson, right of nomination, presentation, collation, donation, patronage, and free disposition of, and in, and to the several rectories, parsonages, and parish churches of Llangoed- mawr alias Llangoedmore in the said county of Cardigan, and of Llanedi in the said county of Carmarthen, and of, in, and to the vicarage of Saint Peter's, in the town of Carmarthen in the said county of Carmarthen, and together with all houses, glebe lands, tithes, portions of tithes, tenths, oblations, fruits, dues, perqui- sites, and emoluments, rights, members, and appurtenances to such advowsons, rectories, and vicarage in anywise belonging, to the said college so to be incorpo- rated as aforesaid, and the same shall by such grant become and be absolutely vested in the said college, upon such trusts, for the benefit of the said college, as shall be declared thereof in and by the said charter. " II. And be it further enacted, that it shall be lawful for his majesty, his heirs and successors, in and by his said charter, to grant the sinecure rectory or par- sonage of Llangeler in the county of Carmarthen, the sinecure rectory or parsonage of Llanddewiwilfrei alias Llandde wi Wilfrai in the said county of Pembroke, and the sinecure rectory or parsonage of Angulo alias Angle alias Nangle in the same county of Pembroke, and all and all manner of rectorial lands, tithes, heredita- ments, dues, profits, emoluments, rights, members, and appurtenances to the said sinecure rectories in anywise belonging, to the said college ; and the same respec- tively shall, by such grant, become and be absolutely vested in the said college, upon such trusts, for the benefit of the said college, as shall be declared thereof by the said charter." Stat. 5 Geo. 4, c. 103. 58Geo.3,c.45. 59 Geo. 3 c. 134. 3 Geo. 4, c. 72. His majesty may authorize commissioners of treasury to issue exchequer CVI. Stat. 5 Georgii 4, c. 103(1). A.D. 1824. "An Act to make further Provision, and to amend and render more effectual three Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty, and in the third year of His present Majesty, for building and promoting the building of additional Churches in populous Parishes." " Whereas an act passed in the fifty-eighth year of the reign of his late majesty, intituled, ' An Act for building and promoting the building of additional Churches in populous Parishes :' and whereas another act passed in the fifty-ninth year of the reign of his late majesty, intituled, 4 An Act to amend and render more effec- tual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes :' and whereas another act passed in the third year of the reign of his present majesty, intituled, ' An Act to amend and render more effectual two Acts passed in the fifty-eighth and fifty- ninth years of His late Majesty, for building and promoting the building of addi- tional Churches in populous Parishes :' and whereas the sums issued and applied under the provisions of the said recited acts have been found inadequate ; and it is therefore expedient that a further sum should be issued for the purposes of the said acts, and that further and additional provisions should be made for rendering the said recited acts more effectual : may it therefore please your majesty that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall be lawful for the king's most excellent majesty, by warrant or warrants under his royal sign manual, to authorize and empower the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland, now or for the time (1) Vide Stat. 1 & 2 Gul. 4, c. 38; Stat. c. 107; Stat. 2 & 3 Vict. c. 40; and Stat. 3 7 Gul. 4 & 1 Vict. c. 75 ; Stat. 1 & 2 Vict. & 4 Vict. c. 60. STATUTA GEORGII IV. A.D. 1820—1830. 1293 being, or any three or more of them, or the lord high treasurer of the United Kingdom of Great Britain and Ireland for the time being, to cause or direct any number of exchequer bills to be made out at his majesty's exchequer at West- minster, not exceeding in the whole the sum of five hundred thousand pounds, in the same or like manner, form, and order, and according to the same or like rules and directions, (except where other directions for making out the same are con- tained and particularly expressed in the said recited acts or either of them, or this act,) as in and by an act made in the forty-eighth year of his late majesty, intituled, * An A ct for regulating the issuing and paying off of Exchequer Bills,' are enacted and prescribed. " II. And be it further enacted, that all and every the clauses, powers, authorities, provisions, regulations, privileges, advantages, penalties, and forfeitures contained in the said recited acts of the forty-eighth and fifty-eighth and fifty-ninth years of his late majesty's reign, shall be applied and extended to the exchequer bills to be made out in pursuance of this act, (except so far as the same or any of them may be altered by this act,) as fully and effectually to all intents and purposes as if the said clauses, powers, authorities, provisions, regulations, privileges, advantages, penalties, and forfeitures had been particularly repeated and re-enacted in the body of this act. " III. Provided always, and be it further enacted, that the exchequer bills to be made out in pursuance of this act shall and may bear such interest as may be directed by the lord high treasurer, or lords commissioners of his majesty's trea- sury of the United Kingdom of Great Britain and Ireland, not exceeding the rate of two-pence per centum per diem upon or in respect of the whole of the monies respectively contained therein ; and that all such bills as shall be advanced for the purposes of carrying the said acts or this act into execution shall be made payable at such periods, and together with the interest that shall be due thereon shall be paid off and discharged out of such aids and supplies granted by parliament for the service of any year, as in each and every exchequer bill so made forth shall be particularly specified and expressed, pursuant to such directions as shall be given in that behalf to the auditor of the receipt of exchequer, by warrant or warrants from the said commissioners of his majesty's treasury, or any three or more of them, for the time being. " IV. And be it further enacted, that from time to time, as the commissioners appointed for the execution of the said recited acts shall find it necessary to apply to the purposes thereof and of this act any amount of such bills to be advanced under the provisions of the said recited acts or of this act, the said commissioners shall forthwith represent the same to the said commissioners of the treasury of the United Kingdom of Great Britain and Ireland, and the said commissioners, or any three or more of them for the time being, shall thereupon, if satisfied of such neces- sity, direct the said commissioners to issue a certificate, to be signed by any three or more of them, to such person or persons as may be authorized to receive the same, containing the amount so by the said commissioners intended to be advanced by exchequer bills ; which certificate shall and ma}'' be presented to the auditor at the receipt of exchequer at Westminster, and the said auditor shall, immediately upon the receipt of such certificate, deliver to the bearer thereof a like amount in exchequer bills, to be made out in pursuance of the said recited act or of this act, and payable at such period as shall in such exchequer bills be specified and ex- pressed, provided that the total amount so to be issued by virtue of such certifi- cates shall not at any time exceed the amount directed to be advanced under the provisions of this act; and every such exchequer bill shall bear date on the day on which such certificate shall be so received by the said auditor, or on such other day as in such certificate shall be specified, anything in the said recited acts to the contrary notwithstanding ; and all such exchequer bills so to be delivered shall and may be signed by the said auditor, or in his name by any person duly authorized to sign exchequer bills. " V. And whereas in many parishes and extra-parochial places in which the churches and chapels are inadequate to the accommodation of one fourth of the Stat. 5 Geo. 4, c. 103. bills to the amount of 500,000/. 48 Geo. 3, c 1 Powers of recited acts to extend to ex- chequer bills made out under this act. Exchequer bills issued in pursuance of this act to bear a certain rate of interest. Commissioners under recited acts to apply for exchequer bills. Bishops may consent to the 1294 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 5 Geo. 4, c. 103. building of additional churches or chapels, or to the purchase of buildings for that purpose, upon applica- tion and certi- ficate of twelve or more house- holders that there is not accommoda- tion for more than one fourth of the inha- bitants of the parish, at the expense of such persons, or others wil- ling to sub- scribe thereto. Subscribers may elect three life trustees for the manage- ment of the church or cha- pel, and nomi- nation for a limited period of the spiritual person to serve it. Upon death or resignation of life trustees, new ones may be chosen to supply the vacancy. If subscribers do not exceed three, they are to be deemed the trustees parishioners, and to which sums may not be granted under the provisions of this or any other former act for building additional churches or chapels, or in which the additional churches or chapels for which sums may have been or may be granted may not afford accommodation for one fourth of the inhabitants of such parish, chapelry, township, or extra-parochial place, there may be persons belong- ing to the church of England who may be desirous of building or purchasing churches or chapels for the performance of divine service according to the rites of the church of England : and whereas it is highly desirable that every facility should be afforded for the execution of so laudable a purpose ; be it therefore enacted, that whenever any twelve or more substantial householders of any parish, township, or extra-parochial place shall certify in writing to the bishop of the diocese within which such parish, chapelry, township, or extra- parochial place shall be situate, that there is not accommodation for more than one fourth of the inhabitants thereof for the attendance upon divine service according to the rites of the church of England, and that they or some of them, either by themselves or with the assistance of other persons belonging to the church of England, are desirous of raising by private subscription such sum as may be necessary for building or purchasing a church or chapel, or any building or buildings to be used as a church or chapel for the performance of the said service, and to provide out of pew rents of such church or chapel a competent stipend for the spiritual person who may officiate therein, and for a clerk thereof, and for all other expenses incident to the performance of divine service, and for maintaining the said church or chapel, and the said bishop shall be satisfied of the several particulars contained in such appli- cation, it shall be lawful for such bishop, if he shall think fit, to signify his consent to the building or purchasing such church or chapel, as the case may be, according to such plan, and upon such site as shall be submitted to and approved by him for that purpose. " VI. And be it further enacted, that the several and respective persons pro- posing to build or purchase any such church or chapel, or any such building as aforesaid, and their assigns, respectively subscribing for that purpose sums of not less than fifty pounds each, shall elect three trustees from amongst themselves for the management and general regulations of the temporal affairs of such church and chapel, and for the nomination to the bishop, for a limited period, of a spiritual person to serve the same ; and such trustees shall be called life trustees of such church or chapel, and shall continue such trustees so long as any spiritual person nominated by them under the provisions of this act shall serve such church or chapel. " VII. And be it further enacted, that in case any of the persons first appointed life trustees of any such church or chapel shall, during the period above mentioned, happen to die, or shall signify to the other life trustees his resignation of such trust, it shall be lawful for the majority of the persons who have subscribed towards the building or purchasing such church or chapel sums not less than fifty pounds each, and being owners or renters of pews in the same, who shall be present at any meeting to be called for that purpose, and which meeting any one or more of such trustees are hereby authorized and required to call and appoint, upon four- teen days' notice at the least being affixed to the door of such church or chapel upon the two Sundays next preceding the day on which such meeting is intended to he held, from time to time to nominate and appoint, by writing under their hands, any other person having subscribed a sum not less than fifty pounds, and being an owner or renter of a pew in such church or chapel, and a member of the church of England, a life trustee in the place of the life trustee so dying or resign- ing ; and every such new life trustee shall in every respect be vested with such and the like powers and authorities, to all intents and purposes, as the person to whose place he may be nominated and appointed as aforesaid. " VIII. And be it further enacted, that if the number of persons subscribing to build or purchase such church or chapel shall not exceed three, such person or persons shall be and be deemed to be the life trustee or life trustees of such church or chapel, under the provisions of this act, and shall have, use, and exercise all STATU TA GEORGII IV. A.D. 1820—1830. 1295 such and the like powers and authorities, to all intents and purposes, as any such life trustees as aforesaid, chosen under the provisions of this act, may use and exer- cise ; and in case of the death or resignation of any such life trustee, the person nominated by him, being a member of the church of England, by his last will and testament, or by any instrument signed by him, shall be a life trustee in his place. "IX. And be it further enacted, that in any case in which application shall be made to the bishop of any diocese for his consent to the building or purchasing any church or chapel, or buildings to be used as a church or chapel, in any parish, chapelry, township, or extra-parochial place, situate within the said diocese, for the purpose aforesaid, by any person or persons belonging to the church of England, who may be willing to subscribe one half part at the least of the money necessary for building or purchasing the same, jointly with the parishioners of such place, who may be willing to raise the remainder of the money by rates, or to raise and borrow such sum upon the credit of the rates of such place, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such bishop, if he shall think fit, to signify his consent thereunto. " X. Provided always, and be it further enacted, that every application which shall be made under the provisions of this act to the bishop of any diocese shall state that the church or chapel is to be appropriated to the performance of divine service according to the rites of the church of England, and shall offer to set apart such number or proportion of free seats as is required by the said recited acts in cases in which churches or chapels are built or purchased under the provisions of the said recited acts, with any money advanced by the commissioners under the said recited acts, and shall also offer to provide, out of the pew rents arising from the remaining part of the seats of such church or chapel, a competent salary for the spiritual person who may officiate therein, and for all other expenses incident to the performance of such divine service, and for maintaining the said church or chapel : provided also, that no pew rents shall be taken, nor any service performed in such church or chapel, whether built or purchased by subscription only, or jointly by subscription and by rates, before the same shall have been duly conse- crated, and a duplicate copy of such application, with the assent of the bishop of the diocese to the same, shall be deposited in such church or chapel. " XI. And be it further enacted, that the persons or parishioners of any parish or place as aforesaid, making such application to the bishop, shall in every such case, at the time of making the same, give notice in writing thereof to the patron and incumbent of the church of the parish, chapelry, township, or extra-parochial place in which it is proposed to build or purchase any such church or chapel, in order to afford to such patron or incumbent the opportunity of laying before the bishop any statement in writing relating thereto, and that the said bishop shall not signify his consent to such application within three calendar months from the time when he shall have received the same, together with a certificate that the said notice has been given. " XII. And be it further enacted, that the life trustee or trustees of any such church or chapel which shall be built or purchased by private subscription, may nominate for the first two turns which shall occur after the consecration of the church or chapel, or for any number of turns which may occur during the space of forty years after the same, to the bishop of the diocese, for his approbation and licence, a spiritual person to serve the same ; and all subsequent nomination shall be in the incumbent of the parish or extra-parochial place in which such church or chapel shall be built or purchased ; unless in case of such chapel being made a district church as hereinafter mentioned, in which case such subsequent nomina- tion shall be in the patron of the church of the original parish ; and in case of any neglect of any trustee or trustees, patron or incumbent respectively, to make such nomination, the same shall lapse, as in the case of actual benefices ; and if all the subscribers entitled to elect trustees shall die before such nominations shall have been made, or such forty years shall have elapsed as aforesaid, then and in every such case the nomination shall be made by the incumbent during such period : Stat. 5 Geo. 4, c. 103. under this act, and may by deed or w ill appoint suc- cessors. Bishop may consent, upon joint appli- cation of subscribers or parishioners, who may be willing to build a church or chapel by sub- scription and rates, or money borrowed upon the credit of the rates. Application to the bishop shall state certain particulars as to service and free seats. In every such case, notice of the application to the bishop to be given to to the patron and incumbent of the church of the parish or place. Life trustees to nominate for the first two turns, or for any number of turns which may occur in forty years, a minister of the church, &c. ; subsequent no- minations to be by incumbent, unless made a district church, then by patron. 1296 STATUTA GEORGTI IV. A.D. 1820—1830. Stat. 5 Geo. 4, o. 103. To lapse if trustees do not nominate. If church or chapel built in part by rates, incumbent to nominate, ex- cept made a district church, when nomina- tion shall vest in patron. Church or chapel and ground, &c. to vest in such persons as shall be specified in the sentence of consecration. Life trustees or churchwardens may dispose of vaults, &c. and after paying the dues to which the incumbent is entitled, the remainder shall form a fund for supplying de- ficiencies in minister's salary, and for repairs. Application of surplus income. Such churches or chapelsmay, provided also, that if all such subscribers shall die, so that no such election of any trustee can be made, and any one of the trustees for the time shall die or vacate, then and in every such case the incumbent for the time being shall be and become a trustee, to use and exercise all powers and authorities given to trustees under the provisions of this act. "XIII. Provided always, and be it further enacted, that in any case in which any such church or chapel shall be built or purchased in part by means of any rates to be raised in any parish, chapelry, township, or extra-parochial place, the first and subsequent nominations of the minister of such church or chapel shall be in the incumbent of the church of the original parish in which the same shall be built or purchased, except in case of such church or chapel being made a district church, when the same shall vest in the patron as aforesaid. " XIV. And be it further enacted, that from and after the completion of every such church or chapel, the land, ground, and site whereon the same shall be built, with the cemetery thereto belonging, if any, and which land, ground, and site shall be specified and described in the sentence of consecration of the church or chapel, shall be and the same are hereby declared to be vested in such person or persons, and their successors for ever, by such name and style as shall be specified in the sentence of consecration of the church or chapel ; and such person or persons shall in every such case have perpetual succession in the name and style specified in the sentence of consecration, and shall hold the lands, grounds, and sites so vested in them as bodies corporate by such name and style, without incurring or being sub- jected to any of the penalties or forfeitures of the statute of mortmain, or of any other law or statute whatsoever, to the use, intent, and purpose that every such church or chapel, with the cemetery to the same, if any, shall, when consecrated, be for ever thereafter set apart and dedicated to the service of Almighty God as a place of divine worship, according to the liturgy and usages of the united church of England and Ireland as by law established, and be subject to the bishop of the diocese as such. " XV. And be it further enacted, that it shall be lawful for the life trustees or churchwardens respectively of any such church or chapel, and their successors, and they are hereby authorized and empowered, to sell and dispose of the vaults or burial places under any such church or chapel, and of vaults or burial grounds in the cemetery or yard of the church or chapel, if there shall be any cemetery or burial ground thereto ; and such life trustees or churchwardens respectively are hereby empowered and required to pay to the incumbent of the parish such dues or sums as such incumbent would be entitled to and have of vaults or burial places of a like description in the church of the parish, and shall, after making such payments, invest or lay out the remainder of the monies thence arising in some public funds, stocks, or securities, from time to time, and also from time to time in like manner to lay out the interest, dividends, or proceeds of such public funds, stocks, or securities, or such part thereof as shall not be applied under the provi- sions of this act, in like funds, stocks, or public securities ; and such life trustees, or churchwardens shall, out of such interest, dividends, or proceeds, from time to time make good any deficiencies, if any shall arise, in the payment of the stipends or salaries of the minister or clerk of the church or chapel, or any other payments or incidental expenses to be paid from the produce of the rents of pews or seats, by reason of the rents of pews not being adequate to the payment of such stipends, salaries, or expenses; and in the next place shall apply such interest, dividends, and proceeds in the maintaining, supporting, and repairing the church or chapel ; provided always, that if by reason of any such funds, or if the produce of pew rents being more than sufficient for all the purposes to which the same are made appli- cable under the provisions of this act, there shall be a surplus of annual income, then and in any such case such surplus shall be applied in subsequent years to the purposes to which pew rents are applicable ; and the pew rents shall in every such case be reduced rateably and in equal proportions, or a larger number of free seats shall be opened, as the bishop of the diocese shall order and direct. "XVI. And be it further enacted, that it shall be lawful for the said commis- STATUTA GEORGII IV. A.D. 1820-1830. 1297 sioners, with consent of a majority of the subscribers entitled to elect the trustees of any such church or chapel, and of the bishop, and of the patron and incumbent, to make any such church or chapel a district church or chapel, under the provisions of the said recited acts and this act. " XVII. And be it further enacted, that at the expiration of the forty years all such churches and chapels shall become in all respects district churches, without any consent being obtained for that purpose, if his majesty in council shall have made a division of the parish or extra- parochial place for that purpose, in manner directed by the said recited acts, or shall remain parochial chapels if no such divi- sion and appropriation of any such churches or chapels to a district shall have been made. " XVIII. And be it further enacted, that all the powers, authorities, provisions, regulations, clauses, penalties, and forfeitures in the said recited acts or any or either of them contained, for the securing, recovering, and paying the salaries of spiritual persons, and for the recovery of pew rents, and all regulations as to the number or proportions of free seats in churches or chapels built or purchased wholly or in part with money advanced by the commissioners under the provisions of the said recited acts, shall extend and be in full force, and be applied in all cases of any such churches or chapels as aforesaid being built or purchased by subscrip- tion or by rates, under the provisions of this act, as fully and effectually, to all intents and purposes, as if the same and each and every of them were severally and separately re-enacted and repeated in this act. " XIX. And whereas doubts are entertained whether, since the duchy of Corn- wall became vested in his majesty, any lands, grounds, tenements, or heredita- ments, parcel of the said duchy, can be granted, conveyed, or enfranchised under the provisions of the said acts for the purposes thereof ; and whereas an act passed in the third year of the reign of his present majesty, intituled, i An Act to enable His Majesty to make Leases, Copies, and Grants of Offices, Lands, and Heredita- ments, Parcel of the Duchy of Cornwall, or annexed to the same ;' be it therefore enacted, that it shall be lawful for any three or more of the regular officers of the said duchy who by virtue of their several offices are concerned in the general super- intendence and management of the revenue and affairs of the said duchy, and duly authorized by his majesty, under the provisions of the said last-recited act, by any deed or instrument under their hands and seals in the form prescribed by the said rec ited act of the third year of his present majesty, or as near thereto as circum - stances will permit, to grant, convey, or enfranchise lands, grounds, tenements, or hereditaments for any such purposes of the said recited acts, or any or either of them, as are in the said acts or any or either of them specified, in relation to grants to be made by public departments under the said acts." Stat. 5 Geo. 4, c. 103. by consent, be made district churches. At expiration of forty years, to become dis- trict churches without con- sent, if parish shall have been divided for ecclesiastical purposes. Powers of re- cited acts for recovery of salary of mi- nister and pew rents to apply to churches and chapels built by sub- scription, &c. Certain officers of the duchy of Cornwall em- powered to grant lands for the purji oses of the recited acts. 3 Geo. 4, c. 78. CVII. Stat. 5 Georgii 4, c. 109. A.D. 1824. Stat. 5 Geo. "An Act to enable the Earl Marshal and his Deputy to execute the Duties of their 4' c* 109, Office or Offices, without previously taking or subscribing certain Oaths or Decla- rations." [Earl marshal or his deputy may execute the duties of their offices, after taking the Oath of Allegiance and the Oath of Office, without taking the Oath of Supremacy.] CVIII. Stat. 5 Georgii 4, cap. cxxvn. A.D. 1824. Stat. 5 Geo. "An Act to amend an Act of the first and second years of His present Majesty, 4>CAP-CXXVI1, for rebuilding the Church of Saint Nicholas, Harwich, in the County of Essex." Stat. 6 Geo. 4, c. 4. [Ir.] CIX. Stat. 6 Georgii 4, c. 4. [Ireland.] A.D. 1825. 'An Act to amend certain Acts relating to unlawful Societies in Ireland." "Whereas by an act passed in the parliament of Ireland, in the thirty-third Irish act, 33 • of the reign of his late majesty King George the Third, intituled, 4 An Act to Geo. 3, c. 29. 4 O 1298 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 6 Geo. 4, c. 4. [Ir.] Every society or other body of persons acting for redress of grievances in church or state, or for carrying on or defending actions, &c. renewing its meetings for more than fourteen days, or collecting or receiving money, de- clared un- lawful. Act not to extend to societies for religious or charitable purposes, &c. Not to affect right of petitioning. prevent the Election or Appointment of unlawful Assemblies, under Pretence of preparing or presenting public Petitions or other Addresses to His Majesty, or the Parliament,' all assemblies, committees, or other bodies of men, elected, consti- tuted, or appointed to represent, or assuming or exercising a right or authority to represent the people of Ireland, or any number or description of the people of the same, or the people of any province, county, city, town, or other district within the same, under pretence of petitioning for or in any other manner procuring an alteration of matters established by law in church or state, save and except the knights, citizens, and burgesses elected to serve in parliament, and the houses of convocation, duly summoned by the king's writ, are declared and enacted to be unlawful assemblies ; and provision is thereby made for the dispersion of all such unlawful assemblies, and for the punishment of persons acting or assisting in the election or appointment of such assemblies ; and whereas it has been found that societies, committees, and other bodies of persons in Ireland, without any previous election or appointment by the people, or by any number or description thereof, may be so constituted that the mischiefs intended to be provided against by the said act, may equally arise ; and it is therefore expedient to extend the provisions contained in the said act : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act, every society, committee, or other body of persons now constituted, or to be hereafter constituted in Ireland, assuming or in any manner, or by any means or contrivance, exercising the power of acting for the purpose or under the pretence of procuring the redress of griev- ances in church or state, or the alteration of any matters by law established in church or state, or for the purpose or under the pretence of carrying on or assisting in the prosecution or defence of causes, civil or criminal, which, or the members thereof, or any of them, shall, for the purposes aforesaid, or any of them, continue or renew their meetings or proceedings, whether under the same or any different name or names, by adjournment or otherwise, for a longer time than fourteen days from their first meeting, or which, or the members thereof, or any of them, shall appoint, authorize, or employ any committee or other select body, or any president, secretary, delegate, or other officer, to act for them or under their autho- rity, unless such appointment, authority, or employment be limited to a period not exceeding fourteen days from the first meeting of such society, committee, or other body of persons, or to report to them after the expiration of such period as afore- said ; or which, or the members thereof, or any of them, shall appoint, authorize, or employ any select body or bodies, or any treasurer, collector, or any person or persons, to levy or receive, or which, or the members thereof, or any of them, shall receive when levied, any money or contributions from his majesty's subjects, or from any of them, or from any number or description of them, shall be deemed an unlawful combination and confederacy, and the meetings thereof, or of any of the members thereof, for the purposes or under the pretences aforesaid, or any of them, unlawful assemblies. " VIII. Provided always, and be it enacted, that nothing herein contained shall extend to, or be construed to affect any society formed and acting merely for the purpose of religious worship, or for the due ordering thereof, according to any form allowed or tolerated by law ; or to any society formed and acting merely for pur- poses of public or private charity, science, agriculture, manufactures, or commerce. " IX. Provided also, and be it enacted, that nothing herein contained shall be deemed or construed in any manner to prevent or impede the undoubted right of his majesty's subjects to petition his majesty, or both houses or either house of parliament, for the redress of any public or private grievance, or to assemble for that purpose, or to prevent the appointment of any committee for the sole purpose of preparing or forwarding any such petition ; provided that such committee shall not exceed the number of twenty persons, and shall not have power to appoint any other committee ; and that such assembly or committee shall not have continuance, by adjournment or otherwise, for any period exceeding fourteen days from ^he STATUTA GEORGII IV. A.D. 1820-1830. 1299 time of such first assembling or appointment respectively ; and shall not collect or Stat. 6 Geo. receive any money or contribution from any of his majesty's subjects, other than 4> c- 4- [la-] such as may be necessary for the specific purposes of preparing and transmitting to the king, or either house of parliament, such petition as aforesaid." CX. Stat. 6 Georgii 4, c. 8 (1). A.D. 1825. "An Act to amend and render more effectual an Act passed in the fifty-fifth year of the Reign of His late Majesty, for enabling Spiritual Persons to exchange their Parsonage Houses or Glebe Lands, and for other Purposes therein men- tioned." " Whereas an act was passed in the fifty-fifth year of the reign of his late majesty King George the Third, intituled, * An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses, or Glebe Lands, belonging to their Benefices, for others of greater Value, or more conveniently situated for their Residence and Occupation ; and for annexing such Houses and Lands, so taken in Exchange, to such Benefices or Parsonage or Glebe Houses and Glebe Lands ; and for purchasing and annexing Lands to become Glebe in certain Cases ; and for other Purposes and whereas it is by the said recited act enacted, that the bishop shall, in cases of exchange and purchase under the said act, issue a commission of inquiry, for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a barrister of three years standing at the least, to be named by the senior judge of Nisi Prius for the county in which the benefice, perpetual curacy, or parochial chapelry, whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said act, shall be situate ; but inasmuch as the nomination of such barrister by a judge of Nisi Prius is not appli- cable to the counties palatine of Lancaster and Durham, be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that where any exchange or purchase shall be made, or proposed to be made, under the authority of the said act, in any benefice, per- petual curacy, or parochial chapelry, situate within the said counties palatine of Lancaster or Durham, such barrister shall be named by the chief justice or senior judge for the time being of the court of Common Pleas for the said counties palatine respectively . "II. And whereas it is expedient that the incumbents of benefices, perpetual curacies, and parochial chapelries, should be enabled to exchange the glebe lands belonging to their benefices, perpetual curacies, or parochial chapelries, to a greater amount than thirty statute acres ; be it therefore enacted, that from and after the passing of this act, the power to exchange glebe lands for others of equal value, which is given to parsons, vicars, and other incumbents by the above recited act passed in the fifty-fifth year of the reign of his late majesty King George the Third, be extended to any number of statute acres, but subject to all the provisions, con- ditions, and restrictions, contained in the above recited act, and also to those in another act passed in the fifty-sixth year of his late majesty's reign, intituled, * An Act to amend and render more effectual an Act passed in the last Session of Parlia- ment, for enabling Spiritual Persons to exchange their Parsonage Houses or Glebe Lands, and for other Purposes therein mentioned.' " III. And whereas, by the said recited act of the fifty-fifth year of the reign of his late majesty King George the Third, the powers of exchange thereby given are limited to such houses, outbuildings, yards, gardens, and appurtenances and lands, to be accepted and taken in exchange by the spiritual persons therein named, as are of freehold tenure, or copyhold of inheritance, or for life or lives, holden of any manor belonging to the benefice in respect of which any such exchange is intended to be made : and whereas it may happen that such exchanges may sometimes be beneficially made where the lands or tenements so to be accepted and taken in exchange are copyhold of inheritance, holden of some manor not Stat. 6 Geo. 4, c. 8. 55 Geo. 3, c. 147. The chief jus- tice of the Common Pleas for the county palatine of Lancaster or Durham to act in cases of ex- change under recited act. Power to ex- change glebe lands for others extended to any number o .' acres, subject to the restric- tions con- tained in 55 Geo. 3,c. 14T, and 56 Geo. 3, c. 52. Exchanges may be made for lands or tene- ments that are copyhold, and not held of a manor belong- ing to the bene- fice, &c. (1) Vide Stat. / Geo. 4, c. 66. 4 0 2 1300 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 6 Geo. 4, c. 8. Consent of the lord of the manor. Lands or tene- ments so taken by incumbent to become freehold, and the premises granted by him to become copyhold. Three months' notice sufficient for the pur- pose of ex- change. belonging to the benefice in respect of which such exchange is intended, and without injury to the lord or lords, lady or ladies of such manor ; be it therefore enacted, that from and after the passing of this act, it shall and may be lawful for the par- son, vicar, or other incumbent, for the time being, of any ecclesiastical benefice, perpetual curacy, or parochial chapelry, to grant and convey, in the manner, and by and under the several powers, provisions, conditions, and restrictions, contained in the said act, and in the said act of the fifty-sixth year of the reign of his said majesty, and in this act, to any such person or persons, or corporation, as in the said first-mentioned act are described, any such lands or tenements as are described in the same act, belonging to his benefice, in lieu of and in exchange for any lands or tenements of the description mentioned in the said first-mentioned act, as those which are thereby authorized to be accepted and taken in exchange by any such parson, vicar, or other incumbent, although such last -mentioned lands or tenements may be copyhold of inheritance holden of a manor not belonging to such ecclesias- tical benefice, perpetual curacy, or parochial chapelry : provided always, that no such exchange be made without the consent of the lord of the manor of which the lands to be taken in exchange are holden : provided always, that from and immedi- ately after such conveyance, the lands or tenements accepted and taken in exchange by any such parson, vicar, or other incumbent, shall become and be of freehold tenure, and the lands or tenements by him granted and conveyed, and which before such conveyance belonged to his benefice, perpetual curacy, or parochial chapelry, shall become copyhold of the same manor, and subject to the same rents, fines, services, customs, and manorial rights and properties, to all intents and purposes, as the lands or tenements so to be accepted and taken in exchange were subject to before the making of such exchange : provided always, that from and after the passing of this act, three calendar months' notice shall be sufficient for the purpose of any exchange or purchase, instead of six calendar months, as by the said act of the fifty-fifth year of the reign of his said late majesty is required." Stat. 6 Geo. 4, cap. xviii. CXI. Stat. 6 Georgii 4, cap. xviii. A.D. 1825. "An Act for enabling the Rector of the Rectory and Parish Church of Chelsea, in the Parish of Saint Luke, Chelsea, in the County of Middlesex, to grant, [with consent of Bishop and Patron,~] Building and Repairing Leases of Glebe Lands and Premises belonging to the said Rectory, and for other Purposes" Stat. 6 Geo. 4, c. 25. 28 Hen. c. 1. lEdw.6,c.l2. 1 Mar. St. I. Clerks liable to punishment, as if not in orders. CXII. Stat. 6 Geokgii 4, c. 25. A.D. 1825. "An Act for defining the Rights of Capital Convicts who receive Pardon, and of Convicts after having been punished for Clergyable Felonies; for placing Clerks in Orders on the same footing with other Persons, as to Felonies; and for limiting the Effect of the Benefit of Clergy." " III. And whereas by an act passed in the twenty-eighth year of the reign of King Henry the Eighth, intituled, 4 An Act that Ahjurers in case of Petty Treason shall not have Clergy,' it was enacted, that such as were within holy orders should from thenceforth stand and be under the same pains and dangers for the offences therein referred to, and should be used and ordered to all intents and purposes as other persons not being within holy orders ; which enactment has been considered to have been repealed by an act passed in the first year of the reign of Ring Edward the Sixth, intituled, 4 An Act for the Repeal of certain Statutes concerning Trea- sons and Felonies,' or by an act passed in the first year of the reign of Queen Mary, intituled, ' An Act repealing and taking away certain Treasons, Felonies, and Cases of Premunire ;' and whereas it is expedient to revive the said provision of the said act of King Henry the Eighth ; be it further enacted, that clerks in holy orders, being convicted or felony, shall stand and be under the same pains and dangers for the same, and shall be used and ordered to all intents and purposes as other persons not being in holy orders ; any law, statute, or usage to the contrary not- withstanding." STATUTA GEORGII IV. A.D. 1820—1830. 1301 CXIII. Stat. 6 Georgii 4, cap. xxxiii. A.D. 1825. Stat. 6 Geo. 4 CAP.XXXITl* "An Act for erecting a Chapel at Pelham Crescent, in the Parish of Saint Mary- in-the-Castle, in the Liberty of the Town and Port of Hastings, in the County of Sussex." CXIV. Stat. 6 Georgii 4, cap. xxxvii. A.D. 1825. Stat- 6 Geo; 4, cap. xxxvu. "An Act for effecting an Exchange of Estates in the County of Norfolk, between Wyrlcy Birch, Esquire, and the Provost and College of Eton, in the County of Bucks." CXV. Stat. 6 Georgii 4, cap. xlv. A.D. 1825. Stat- 6 Ge 4, cap. xlv. "An Act to enlarge the Powers of several Acts passed in the thirty-fifth, forty- fourth, forty-fifth, and forty-eighth years of the Reign of His late Majesty King George the Tliird, for enabling the Lord Bishop of London to grant a Lease, with Powers of Renewal, of Lands, in the Parish of Paddington, in the County of Middlesex, for the purpose of building upon, and to appoint new Trustees, and for other Purposes relating thereto." CXVI. Stat. 6 Georgii 4, cap. xlvi. (1). A.D. 1825. Stat. 6 Geo. 4 CQi) xlvi "An Act for confirming certain Leases granted by the Mayor, Commonalty, and ' Citizens of the City of London, Governors of the Possessions, Revenues, and Goods of the Hospital of King Edward the Sixth, called the Hospital of Saint Thomas the Apostle, and far enabling them to grant Building Leases of certain Lands." CXVII. Stat. 6 Georgii 4, c. 47. [Scotland.] A.D. 1825. Stat. 6 Geo. 4 c 47 TSc 1 "An Act for restricting the Punishment of Lcasing-making, Sedition, and ' ' Blasphemy, in Scotland." CXVIII. Stat. 6 Georgii 4, cap. xlvii. A.D. 1825. Stat. 6 Geo. "An Act for enabling the Archbishop of Canterbury and his Successors, to grant 4' CUp' Licences for building upon and improving the Copyholds within the Manors of Lambeth and Croydon, in the County of Surrey, and to grant Licences to demise such Copyholds for those Purposes, and to fix the Fines payable upon Admission to the same during limited periods." CXIX. Stat. 6 Georgii 4, cap. xlviii.(l). A.D. 1825. Stat. ( "An Act for confirming certain Leases granted by the Mayor and Commonalty, and 4' cap' Citizens of the City of London, Governors of the Possessions, Revenues, and Goods of the Hospital of King Edward the Sixth, called ChHst's Hospital; and for enabling them to grant Building Leases of certain Lands." CXX. Stat. 6 Georgii 4, cap. xlix. (1). A.D. 1825. Stat. 6 G. "An Act for confirming certain Leases granted by the Mayor and Commonalty, and 4' cap' xlL Citizens of the City of London, Governors of the Possessions, Revenues, atid Goods of the Hospital of King Edward the Sixth, called Bridewell; and for enabling them to grant Leases of the Possessions of the said Hospital for long terms of years, for the Purposes herein mentioned" (1) Vide Stat. 13 Eliz. c. 10 {ante 424); J 4 Eliz. c. 14 (ante 435 ): and Stat. 22 Geo. Stat. 14 Eliz. c. 11, s. 17 (ante 434); Stat. 3, c. 77 (ante 917). 1302 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 6 Geo. CXXI. Stat. 6 Georgii 4, cap. 1. (1). A.D. 1825. 4 cop 1« "An Act for confirming certain Leases granted by the Mayor and Commonalty and Citizens of the City of London, Masters, Guardians, and Governors of the House and Hospital called Bethlem, and for enabling them to grant Building Leases of certain Lands, the Possessions of the said Hospital for long terms of years, for the Purposes herein mentioned" Stat. 6 Gfo. CXXI1. Stat. 6 Georgii 4, cap. li. (1). A.D. 1825. 4, cap. li. "An Act for confirming certain Leases granted by the Mayor and Commonalty, and Citizens of the City of London, Governors of the House of the Poor, commonly called Saint Bartholomew's Hospital, near West Smithfield, London, of the Foundation of King Henry the Eighth, and enabling them to grant Leases of the Possessions of the said Hospital for long terms of years, for the Purposes herein mentioned." Stat. 6 Geo. CXXIII. Stat. 6 Georgii 4, c. 54. [Ireland.] A.D. 1825. 4 c. 54. [Ir.] "An Act to amend an Act of the first and second years of His present Majesty, for the Establishment of Asylums for the Lunatic Poor in Ireland." Stat. 6 Geo. CXXIV. Stat. 6 Georgii 4, cap. lv. A.D. 1825. 4 CAP. LV. "An Act for making more effectual Provision for paying off and discharging the Debts and Expenses incurred in taking down and rebuilding the Parish Church of Saint James, in the Town and County of Poole, and the Tower of the same Church." Stat. 6 Geo. CXXV. Stat. 6 Georgii 4, cap. lvi. A.D. 1825. 4 CAP* LVI "An Act for altering and amending an Act of the fifty-ninth year of His late Majesty, for building a new Church in the Parish of Saint Luke, Chelsea, in the County of Middlesex." Stat. 6 Geo. CXXVI. Stat. 6 Georgii 4, cap. lvi. A.D. 1825. 4 cctj), lvi. "An Act for more effectually vesting the Estates of the Charity called Waddington Hospital, in the County of York, in the Trustees of the said Charity, and for enabling them to grant Leases of the said Estates, for the purposes of erecting or repairing Buildings ; and also to sell part of the said Estates, and to lay out the Monies arising thereby in the Purchase of other Estates ; and for enlarging the Power given by the Founder to appoint new Trustees of the said Charity" Stat. 6 Geo. CXXVII. Stat. 6 Georgii 4, cap. lvii. A.D. 1825. 4 CAP. LVII* "An Act for providing additional Burying Ground for the Parish of Saint Mary, Stratford Bow, in the County of Middlesex." Stat. 6 Geo. CXXVIII. Stat. 6 Georgii 4, cap. lvii. A.D. 1825. 4, cap. lvii. (t^n yor vesting tfe Manor, Rectory, and Isle of Hayling, in the County of Southampton, part of the settled Estates of the Duke of Norfolk, in William Padwick the Younger, Esquire, his Heirs, and Assigns, and for applying the Money thence arising in the Purchase of other Estates to be settled to the same Uses, and for other Purposes." (1) Vide Stat. 13 Eliz. c. 10 (ante 424); 14 Eliz. c. 14 (ante 435); and Stat. 22 Geo Stat. 14 Eliz. c. 11, s. 17 (ante 434); Stat. 3, c. 77 (ante 917). STATU T A GEORGII IV. A.D. 1820- 1830. 1303 CXXIX. Stat. 6 Georgii 4, cap. lviii. A.D. 1825. "An Act to provide for the perpetual Maintenance and Support of the Chapel of the Holy and Undivided Trinity, in the Town of Gosport, within the Parish of Alverstoke, in the County of Southampton" Stat. 6 Geo. 4, cap. lviii. CXXX. Stat. 6 Georgii 4, c. 67. A.D. 1825. "An Act to alter and amend an Act passed in the seventh year of the Reign of His Majesty King James the First, intituled, An Act that all such as are to be Naturalised or Restored in Blood shall first receive the Sacrament of the Lord's Supper, and the Oath of Allegiance, and the Oath of Supremacy." " Whereas an act was passed in the seventh year of the reign of his majesty King James the First, intituled, 4 An Act that all such as are to be Naturalized or Restored in Blood shall first receive the Sacrament of the Lord's Supper, and the Oath of Allegiance and the Oath of Supremacy ;' and whereas it is expedient that the said recited act should be altered and amended ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall not henceforth be necessary for any person who is to be naturalized or restored in blood to receive the sacrament of the Lord's Supper, as directed by the said act. " II. And be it further enacted, that if it shall appear to the satisfaction of the house of parliament, in which a bill shall originate for restoring any person in blood, that the person intended by such bill to be so restored in blood is unable from sickness or bodily infirmity, or other sufficient cause, to take the oaths of supremacy and of allegiance in the parliament house, before his or her bill shall be twice read, as directed by the said act, it shall and may be lawful for such house of parliament to receive in lieu thereof sufficient proof, before any such bill shall be twice read, that the said oaths have been taken within one year before a justice of the peace or mayor or other chief magistrate in any county or city or town in Great Britain or Ireland, or before one of his majesty's judges or justices in any of his majesty's courts of judicature in the colonies or foreign possessions of his majesty." Stat. 6 Geo. 4, c. 67. 7 Jac. 1, c. 2. Not necessary for any person naturalized or restored in blood to receive the sacrament. Proviso as to persons to be restored in blood taking the oaths. CXXXI. Stat. 6 Georgii 4, cap. lxix. A.D. 1825. 'An Act for extending and rendering more effectual an Act of His late Majesty, for enlarging and improving the Minster Yard of the Cathedral and Metropolitical Church of Saint Peter, in York" Stat. 6 Geo 4, cap. lxix. CXXXII. Stat. 6 Georgii 4, c. 75 (1). A.D. 1825. Stat. 6 Geo. "An Act to enable His Majesty to grant to a Company to be incorporated by CJiarter, 4' c' 75' to be called 'The Canada Company,9 certain Lands in the Province of Upper Canada, and to invest the said Company with certain Powers and Privileges, and for other Purposes relating thereto" CXXXIII. Stat. 6 Georgii 4, c. 85. A.D. 1825. Stat. 6 Geo. "An Act for further regulating the Payment of the Salaries and Pensions to the 4' c> 85" Judges of His Majesty's Courts in India, and the Bishop of Calcutta; for authorizing the Transportation of Offenders from the Island of Saint Helena; and for more effectually providing for the Administration of Justice in Singa- pore and Malacca, and certain Colonies on the Coast of Coromandel." " V. And be it further enacted, that in all cases from and since the said twenty- second day of January one thousand eight hundred and twenty-two, in which it has already happened, or when and as often as it shaU hereafter happen, that any chief justice or puisne judge of any of the said supreme courts of judicature at (1) Vide Stat. 7 & 8 Geo. 4, c. 02 Provision in case any judge or bishop, &c. shall die either during his 1304 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 6 Geo. 4, c. 85. voyage or within six months after his arrival, &c. 53 Geo. 3, c. 155. 4 Geo. 4, c. 7j ss. 2 & 3. Pension to bishop on resignation. Resignation under ten years'service, for other cause than illness, not to entitle to pension. Stat. 6 Geo. 4, c. 87. Provision for support of Fort William in Bengal, Madras, or Bombay, or the recorder of Prince of Wales' Island, or any Bishop of Calcutta, . shall have departed or shall hereafter depart this life, either during his voyage to India or within six calendar months next after the day when he shall have arrived in India for the purpose of taking upon him the office of such chief justice or puisne judge, recorder, or bishop, the court of directors of the said united company shall and they are hereby required to pay, or direct and cause to be paid, out of the territorial revenues from which the salary of such chief justice or puisne judge, recorder, or bishop so dying shall be payable to the legal personal representatives of such chief justice or puisne judge, recorder, or bishop so dying as aforesaid, such sum or sums of money as shall, together with the sum or sums paid to or drawn by such chief justice or puisne judge, recorder, or bishop, in respect of his salary, make up the full amount of one year's salary of the office to which he shall have been appointed ; and that from and since the first day of January one thousand eight hundred and twenty-three, when and as often as it shall have happened or shall hereafter happen that any such chief justice or puisne judge, recorder, or bishop hath departed or shall depart this life while in possession of such office, and after the expiration of six calendar months from the time of his arrival in India for the purpose of taking upon him the office of chief justice, puisne judge, recorder, or bishop, then and in all and every of such cases the said court of directors shall and they are hereby required to pay or direct and cause to be paid, out of the territorial revenues from which the salary of such chief justice, puisne judge, recorder, or bishop so dying shall be payable, to the legal personal representatives of such chief justice or puisne judge, recorder, or bishop respectively so dying as aforesaid, over and above what may have been due to such chief justice or puisne judge, recorders or bishop respectively at the time of his death, a sum equal to the amount of six calendar months' salary of the office of such chief justice or puisne judge, recorder, or bishop respectively. " XV. And whereas under and by virtue of an act made and passed in the fifty- third year of the reign of his late majesty King George the Third, and of another act made and passed in the fourth year of the reign of his present majesty, provi- sion is made for granting a pension to the Bishop of Calcutta, under the limitations therein contained, and it is expedient to make further provision in respect thereof; be it further enacted, that it shall and may be lawful for his majesty, his heirs and successors, in manner in the said act of the fifty-third year of the reign of his late majesty mentioned, to grant to any such bishop who shall have exercised within the limits of the charter of the said united company the office of Bishop of Calcutta for five years a pension not exceeding one-half of the sum, which his majesty, by the said act of the fifty-third year of the reign of his late majesty, is empowered to grant to any such bishop ; and also to grant to any such bishop who shall have exercised within the limits aforesaid the said office of Bishop of Calcutta for seven years, a pension not exceeding two-thirds of the sum which his majesty, by the said act of the fifty-third year of his late majesty's reign, is empowered to grant to any such bishop. " XVI. Provided also, and be it further enacted, that it shall not be lawful for his majesty, his heirs or successors, to direct any such allowance to be made to any such chief justice, puisne judge, recorder, or bishop respectively, who before he shall have held and exercised such office, or some or one of such offices, for the space of ten years in the whole, shall resign his said office for any other cause than in consequence of illness or infirmity, to be proved to the satisfaction of his majesty, his heirs or successors." CXXXIV. Stat. 6 Georgii 4, c. 87. A.D. 1825. "An Act to regulate the Payment of Salaries and Allowances to British Consuls at Foreign Ports, and the Disbursements at such Ports for certain Public Purposes." " X. And whereas churches and chapels for the performance of divine service, according to the rites and ceremonies of the united church of England and Ireland, STATUTA GEORGII IV. A.D. 1820-1830. 1305 or of the church of Scotland, have been erected, and proper grounds have been appropriated and set apart for the interment of the dead, in divers foreign ports and places, and chaplains have been appointed for the performance of divine service in the said churches and chapels, and are now resident in such foreign ports and places ; and it is expedient to afford encouragement for the support of the churches and chapels so erected as aforesaid, and to promote the erection of other churches and chapels in foreign ports and places to which his majesty's subjects may resort, and wherein they may be resident in considerable numbers, for the purposes of trade or otherwise ; be it therefore enacted, that at any foreign port or place in which a chaplain is now, or shall at any future time be, resident and regularly employed in the celebration of divine service, according to the rites and ceremonies of the united church of England and Ireland, or of the church of Scotland, and maintained by any voluntary subscription or rate, levied among or upon his majesty's subjects resorting to or residing at such foreign port or place, or by any rate or duty levied under the authority of any of the acts hereinafter repealed, it shall and may be lawful for any consul-general or consul, in obedience to any order for that purpose issued by his majesty through one of his principal secretaries of state, to advance and pay from time to time, for and towards the maintenance and support of any such chaplain as aforesaid, or for and towards defraying the expenses incident to the due celebration of divine service in any such churches and chapels, or for and towards the maintaining any such burial grounds as aforesaid, or for and towards the interment of any of his majesty's subjects in any such burial grounds, any sum or sums of money, not exceeding in any one year the amount of the sum or sums of money which during that year may have been raised at such port or place for the said several purposes, or any of them, by any such voluntary subscription or rate as aforesaid ; and every such consul-general or consul shall, once in each year, transmit to one of his majesty's principal secretaries of state, an account, made up to the thirty-first day of December, in the year next preceding, of all the sums of money actually raised at any such port or place as aforesaid, for the several purposes aforesaid, or any of them, by any such voluntary subscription or rate as aforesaid, and of all sums of money by him actually paid and expended for such purposes, or any of them, in obedience to any such orders as aforesaid, and which accounts shall by such principal secretary of state be transmitted to the lord high treasurer, or the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland for the time being, who shall give to any such consul- general or consul as aforesaid, credit for all sums of money not exceeding the amount aforesaid, by them disbursed and expended in pursuance of any such order as aforesaid, for the purposes before mentioned, or any of them. " XI. And be it further enacted, that in case any of his majesty's subjects shall by voluntary subscriptions among themselves raise and contribute such a sum of money as shall be requisite for defraying one half part of the expense of erect- ing, purchasing, or hiring, any church, or chapel, or building, to be appropri- ated for the celebration of divine service according to the rites and ceremonies of the united church of England and Ireland, or of the church of Scotland, or for defraying one half part of the expense of erecting, purchasing, or hiring, any building to be used as a hospital for the reception of his majesty's subjects, or for defraying one half of the expense of purchasing or hiring any ground to be used as a place of interment for his majesty's subjects at any foreign port or place wherein any consul-general or consul appointed by his majesty, shall be resident, then and in any such case it shall and may be lawful for such consul- general or consul, in obedience to any order to be for that purpose issued by his majesty through one of his principal secretaries of state, to advance and pay, for and towards the purposes aforesaid, or any of them, any sum or sums of money not exceeding in the whole in any one year the amount of the money raised in that year by any such voluntary contribution as aforesaid ; and every such con- sul-general or consul as aforesaid shall in like manner once in every year trans- mit to one of his majesty's principal secretaries of state an account, made up to the thirty-first day of December in the year next oreceding, of all the sums of Stat. 6 Geo. 4, c. 87. churches and chapels, &c. in foreign ports and places where a chap- lain is ap- pointed and maintained by subscription : consuls autho- rized to ad- vance for such purpose a sum equal to the amount sub- scribed. Where volun- tary contribu- tions towards erecting churches, hos- pitals, or pro- viding burial grounds, in any place where consuls are resident, such consuls are authorized to advance a sum equal to the amount of such contributions. 1306 STATUTA GEORGII IV. A.D. 1820— J 830. Stat. 6 Geo. 4, c. 87. His majesty's approbation to be first ob- tained. Salaries to chaplains not to exceed the sums herein mentioned. Meetings of subscribers to churches, chapels, &c. money actually raised at any such port or place as aforesaid, for the several pur- poses aforesaid, or any of them, by any such voluntary subscription as aforesaid, and of all sums of money by him actually paid and expended for such purposes, or any of them, in obedience to any such orders as aforesaid, and which accounts shall by such principal secretary of state be transmitted to the lord high treasurer, or to the lords commissioners of his majesty's treasury, for the time heing, who shall give to such consuls-general or consuls, credit for all sums of money not exceeding the amount aforesaid, by him disbursed and expended in pursuance of any such order as aforesaid, for the purposes before mentioned, or any of them. " XII. Provided always, and be it further enacted, that no such order shall be issued as aforesaid through any of his majesty's principal secretaries of state, authorizing the expenditure of money for the erection, purchase, or hiring, of any such new church or chapel, or hospital, as aforesaid, or for the purchase or hiring of any such new burial ground as aforesaid, unless and until such consul-general or consul shall first have transmitted to his majesty, through one of his majesty's principal secretaries of state, the plan of such intended church or chapel, hospital, or burial ground, with an estimate, upon the oath of some one or more competent person or persons, stating the probable expense of, and incident to the erection, purchase, or hiring, of any such church, chapel, hospital, or burying ground, as aforesaid, and unless and until his majesty shall have sig- nified through one of his said principal secretaries of state, his approbation of the said plan and estimate : provided also, that no money shall actually be disbursed by any such consul-general or consul as aforesaid, for any of the purposes aforesaid, unless and until the money to be raised by any such voluntary subscription as aforesaid be actually paid up and invested in some public or other sufficient secu- rity, in the joint names of such consul-general or consuls and two trustees appointed for that purpose by the persons subscribing the same, or unless and until two or more of such subscribers shall enter into good and sufficient security to his majesty, by bond or otherwise, that the amount of such subscriptions shall actually be paid for the purposes aforesaid, by a certain day to be specified in every such bond or security, and which bond or security shall be preserved in the office of such consul-general or consul, and shall by him be cancelled and delivered back to the parties entering into the same, their heirs, executors, or administrators, when and so soon as the conditions thereof shall be fully performed and satisfied. " XIII. Provided also, and be it further enacted, that the whole salary of any chaplain heretofore appointed or to be appointed to officiate in any such church or chapel in any foreign port or place in Europe, shall not exceed in the whole five hundred pounds by the year, or in any foreign port or place not in Europe, eight hundred pounds by the year: provided also, that all such chaplains shall be appointed to officiate as aforesaid, by his majesty, through one of his principal secretaries of state, and shall hold such their offices for and during his majesty's pleasure, and no longer. " XIV. And be it further enacted, that all consuls-general and consuls appointed by his majesty to reside and being resident at any foreign port or place wherein any such church or chapel, or other place appropriated for the celebration of divine worship, or hospital, or any such burial ground as aforesaid, hath heretofore been or shall hereafter be erected, purchased, or hired, by the aid of any voluntary subscription or rates collected by or imposed upon his majesty's subjects, or some person or persons for that purpose duly authorized by any writing under the hand and seal of any such consul-general or consul, shall, once at the least in every year, and more frequently if occasion shall require, by public advertisement, or in such other manner as may be best adapted for insuring publicity, convene and summon a meeting of all his majesty's subjects residing at such foreign port or place as aforesaid, to be holden at the public office of such consul-general or consul, at some time, not more than fourteen days nor less than seven days next after the publica- tion of any such summons ; and it shall and may be lawful for all his majesty's subjects residing or being at any such foreign port or place as aforesaid, at the time of any such meeting, and who shall have subscribed any sum or sums of money STATUTA GEORGII IV. A.D. 1820—1830. 1307 not less than twenty pounds in the whole nor less than three pounds by the year, Stat. 6 Geo. for or towards the purposes before mentioned, or any of them, and have paid up 4, c. 87. the amount of such their subscriptions, to be present and vote at any such meet- ings ; and such consuls-general or consuls shall preside at all such meetings ; and in the event of the absence of any such consuls-general or consuls the subscribers present at any such meeting shall, before proceeding to the despatch of business, nominate one of their number to preside at such meeting ; and all questions pro- posed by the consul-general, consul, or person so nominated as aforesaid to preside in his absence, to any such meeting, shall be decided by the votes of the majority in number of the persons attending and being present thereat ; and in the event of the number of such votes being equally divided, the consul-general, consul, or person so presiding in his absence, shall give a casting vote. " XV. And be it further enacted, that it shall and may be lawful for any such General meet- general meeting as aforesaid to make and establish, and from time to time, as ^^^^g f^r" occasion may require, to revoke, alter, and render such general rules, orders, and tlie manage. regulations, as may appear to them to be necessary for the due and proper use and ment of such management of such churches, chapels, hospitals, and burial grounds as aforesaid, churches, &c. or for the proper control over and expenditure of the money raised by any such J"^ion of^he subscription as aforesaid, or otherwise in relation to the matters aforesaid, as may consui wh0 be necessary for carrying into execution the objects of this act, so far as relates to shall transmit those matters, or any of them : provided always, that no such rule, order, or regu- the same fol- iation as aforesaid shall be of any force or effect, unless or until the same shall tis mfJes.tv 8 be sanctioned and approved by the consul-general or consul for the time being, appointed by his majesty to reside and actually resident at such foreign port or place ; and provided also, that the same shall, by such consul-general or consul, be transmitted by the first convenient opportunity for his majesty's approbation ; and that it shall and may be lawful for his majesty, by any order to be by him issued through one of his principal secretaries of state, either to confirm or disallow any such rules, orders, and regulations, either in the whole or in part, and to make such amendments and alterations in or additions to the same, or any of them, as to his majesty shall seem meet, or to suspend for any period of time the execution there- of, or any of them, or otherwise to direct or prevent the execution thereof, or any of them, in such manner as to his majesty shall seem meet ; and all orders so to be issued by his majesty, in relation to the matters aforesaid, through one of his prin- cipal secretaries of state, shall be recorded in the office of the said consul-general or consul at the foreign port or place to which the same may refer, and shall be of full force, effect, and authority upon and over all his majesty's subjects there resident." CXXXV. Stat. 6 Georgii 4, c. 88(1). A.D. 1825. Stat. 6 Geo. "An Act to make Provision for the Salaries of certain Bishops and other Eccle- °' 88' siastical Dignitaries and Ministers in the Diocese of Jamaica, and in the Diocese of Barbadoes, and the Leeward Islands ; and to enable His Majesty to grant Annuities to such Bishops upon the Resignation of their Offices." " Whereas his majesty, by his several royal letters patent, has been graciously Appointment pleased to direct and appoint that the island of Jamaica, the Bahama Islands, and of bishops, the settlements in the Bay of Honduras, and their respective dependencies, should ^^^^or be and become a bishopric, and the diocese and see of a bishop of the united church the dioceses of of England and Ireland as established by law, to be called * The Bishopric of Jamaica and of Jamaica ;' and that there should be one bishop of the said diocese, and that there Barbadoes, and should also be one archdeacon and seven ministers of the gospel in and for the said diocese ; and in like manner that the islands of Barbadoes, Grenada, Saint Vin- cent's, Dominica, Antigua and Mountserrat, Saint Christopher's, Nevis and the Virgin Islands, Trinidad, Tobago and Saint Lucie, and their respective dependen- cies, should be and become a bishopric, and the diocese and see of a bishop, to be called ' The Bishopric of Barbadoes and the Leeward Islands,' and that there shall be one bishop of the said last mentioned diocese, and that there should also be one (1) Partly repealed by Stat. 7 Geo. 4, c. 4. the Leeward Islands. 1308 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 6 Geo. 4, c. 88. Salaries to be payable to bishops, &c: bishops, 4000/.; archdeacons, 2000 .; ministers, 300/.; catechists, 100/. Treasury may issue money out of the consolidated fund, to pro- vide for pay- ment of the said salaries. His majesty empowered to grant annuities of 1000/. to the bishops retiring after ten years. archdeacon in and for the island of Barbadoes, and one archdeacon in and for the island of Antigua, and that there should be thirteen ministers of the gospel and three catechists within the said last mentioned diocese ; and it is expedient that provision should be made for the payment of yearly salaries to such bishops, arch- deacons, ministers, and catechists respectively, and also to enable his majesty to grant to such bishops respectively yearly pensions or annuities on their retiring from their dioceses : we, your majesty's most dutiful and loyal subjects, the com- mons of the United Kingdom of Great Britain and Ireland in parliament assem- bled, do most humbly beseech your majesty that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the persons who shall from time to time exercise and enjoy the several dignities and offices hereinafter mentioned, under or by virtue of his majesty's letters patent or authority, shall receive the several salaries or annual sums hereinafter respectively specified and set forth ; that is to say, the bishop of the diocese of Jamaica, and the bishop of the diocese of Barbadoes and the Leeward Islands, in the West Indies, the salary or annual sum of four thousand pounds each, of lawful money of the United Kingdom of Great Britain and Ireland ; the archdeacon of the island of Jamaica, and the archdeacon of the island of Barbadoes, and the archdeacon of the island of Antigua, the salary or annual sum of two thousand pounds each, of the like lawful money ; the seven ministers of the gospel in the diocese of Jamaica, and the thirteen ministers of the gospel in the diocese of Barbadoes and the Leeward Islands, the salary or annual sum of three hundred pounds each, of the like lawful mone}' ; the three catechists in the said diocese of Barbadoes and the Leeward Islands, the salary or annual sum of one hundred pounds each, of the like lawful money ; and that all the said several salaries and annual sums shall be paid and payable free and clear from all taxes and deductions whatsoever. " II. And be it further enacted, that it shall and may be lawful for the com- missioners of his majesty's treasury of the United Kingdom for the time being, or any three or more of them, and they are hereby authorized and required from time to time, by warrant or warrants under their hands, to direct the proper officer of the exchequer to issue and pay, out of the growing produce of the consolidated fund of the United Kingdom of Great Britain and Ireland, to such person or per- sons as may be appointed to receive the same, all and every such sums and sum of money as may from time be necessary for the payment of all or any of the several salaries or annual sums made payable by this act, which may have accrued respec- tively at any time before the passing of this act, or which may from time to time accrue and become due and payable at any time after the passing of this act. " III. And be it further enacted, that it shall be lawful for his majesty, his heirs and successors, by any letters patent under the great seal of the United King- dom of Great Britain and Ireland, to give and grant unto any person who may or shall execute the office of bishop of the diocese of Jamaica, or the office of bishop of the diocese of Barbadoes and the Leeward Islands respectively, and who shall resign the same respectively, an annuity or yearly sum of money not exceeding the sum of one thousand pounds to any such bishop respectively, to commence and take effect immediately from and after the period whenever the person to whom such annuity or yearly sum of money shall be granted shall resign or shall have resigned the said offices respectively, and to continue from thenceforth for and during the natural life of the person to whom such annuity shall be granted as aforesaid ; and such annuity or yearly sum shall be issued and payable out of and charged and chargeable upon the consolidated fund of the United Kingdom of Great Britain and Ireland, next in order of payment to and after paying and reserving sufficient to pay all such sum and sums of money as have been directed by any former act or acts of parliament to be paid out of the same, but with preference to all other payments which shall and may be charged upon or payable out of the said fund ; and such annuity or yearly sum shall from time to time be paid and pay- able quarterly, free and clear of all taxes and deductions whatsoever, at the four STATUTA GEORGII IV. A.D. 1820—1830. 1309 Salaries and pensions to be a charge on the four and a half per cent, duties. usual days of payment in the year ; that is to say, the fifth day of January, fifth Stat. 6 Geo. day of April, fifth day of July, and the tenth day of October, in each and every 4> c- 88- year, by even and equal portions, the first payment to be made on such of the said days as shall happen next after such resignation as aforesaid of the said office : pro- vided always, that no such annuity or yearly sum of money granted to any person having executed either of the said offices respectively, shall be valid, unless such persons shall have continued in the said office for the period of ten years, or shall be afflicted with some permanent infirmity, disabling him from the due execution of his office of bishop, which shall be distinctly recited in the said grant. "IV. And whereas it is expedient that the charge to be created by the sala- ries or pensions which may from time to time be payable under the authority of this act to the bishops, archdeacons, ministers, or catechists appointed or to be appointed by his majesty as aforesaid, should be charged upon the duties of four and a half per centum payable to his majesty in the West Indies, whenever the said duties, after payment of the prior charges thereon, shall afford the means of defraying the whole or any part of such salaries or pensions ; be it therefore enacted, that the said salaries and pensions shall become and be a charge upon the said duties of four and a half per centum, next in priority after the salaries of the governors, lieutenant governors, and other public officers, payable out of those duties after the termination of any other charges now existing thereupon, and that any and every surplus which shall at any time arise out of the produce of those duties after defraying all such other charges now existing thereupon, or by reason of the cessation of any of those charges, shall go and be applied in the first instance to defray the charges of the salaries and pensions to be granted under the authority of this act accordingly.** CXXXVI. Stat. 6 Georgii 4, c. 92. A.D. 1825. "An Act to render valid Marriages solemnized in certain Churches and Public Chapels in which Banns have not usually been published." " Whereas since the making of an act passed in the twenty-sixth year of the reign of his late majesty King George the Second, intituled, 4 An Act for the better preventing Clandestine Marriages,' and since the making of an act passed in the forty-fourth year of the reign of his late majesty King George the Third, inti- tuled, ' An Act to render valid certain Marriages solemnized in certain Churches and Public Chapels in which Banns had not usually been published, before or at the time of passing an Act made in the twenty-sixth year of the Reign of His late Majesty King George the Second, intituled, " An Act for better preventing Clandestine Marriages," • divers churches and chapels have been erected and built within that part of Great Britain called England, Wales, and the town of Berwick- upon-Tweed, which have been duly consecrated, and divers marriages have been solemnized therein since the passing of the said last-mentioned act ; but by reason that in such churches and chapels banns of matrimony had not usually been pub- lished before or at the time of passing the said first-mentioned act, nor any autho- rity obtained for solemnizing marriages therein under the provisions of an act passed in the fourth year of the reign of his present majesty King George the 4 Geo. 4,c. 76. Fourth, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England,' such marriages have been or may be deemed to be void ; may it therefore please your majesty that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all marriages already solemnized in any church or public chapel in that part of Great Britain called England and Wales, and the town of Berwick-upon-Tweed, erected since the making of the said act of the twenty-sixth year of the reign of his said late majesty King George the Second, and consecrated, shall be as good and valid in law as if such marriages had been solemnized in parish churches or public chapels having chapelries annexed, and wherein banns had usually been published, before or at the time of passing the said first-mentioned act. Stat. 6 Geo. 4, c. 92. 26Geo.2,c.33. 44Geo.3,c.77. Marriages which have been solem- nized in churches and chapels erected since the re- cited act 26 Geo. 2, c. 33, shall be good in law as if solemnized in parish churches, &c. 1310 STATUTA GEORGII IV. A.D. 1820— 1830. Stat. 6 Geo. 4, c. 92. Marriages in future solem- nized in such churches, &c. shall be valid. Registers of such marriages evidence. Registers solemnized in chapels where banns had not been usually published be- fore the act 26 Geo. 2, to be removed to tbe parish church. " II. And be it further enacted, that it shall and may be lawful for marriages to be in future solemnized in all churches and chapels erected since the passing of the said act in the twenty-sixth year of the reign of his late majesty King George the Second, and consecrated, in which churches and chapels it has been customary and usual before the passing of this act to solemnize marriages ; and all marriages hereinafter solemnized therein shall be as good and valid in law as if such mar- riages had been solemnized in parish churches or public chapels having chapelries annexed, and wherein banns had usually been published before or at the time of passing the said act. " III. And be it further enacted by the authority aforesaid, that the registers of marriages solemnized, or to be solemnized, in the said churches or chapels, which are hereby enacted to be valid in law, or copies thereof, shall he received in all courts of law and equity as evidence of such marriages, in the same manner as the registers of marriages solemnized in parish churches or public chapels in which banns were usually published before or at the time of passing the said act of the twenty-sixth year of the reign of his said late majesty King George the Second, or copies thereof, are received in evidence ; provided nevertheless, that in all such courts the same objections shall be available to the receiving such registers or copies as evidence, as would have been available to receiving the same as evidence if such registers or copies had related to marriages solemnized in such last-men- tioned parish churches or public chapels as aforesaid. " IV. And be it further enacted by the authority aforesaid, that the registers of all marriages solemnized in any such public chapel where banns had not been usually published before or at the time of passing the said act of the twenty-sixth year of the reign of his said late majesty King George the Second, which mar- riages are hereby enacted to be valid in law, shall, within three months after the passing of this act, be removed to the parish church of the parish in which such chapel shall be situated ; and in case such chapel shall he situated in an extra- parochial place, then to the parish church next adjoining to such extra-parochial place, to he kept with the marriage registers of such parish, and in like manner as parish registers are directed to be kept by the said act of the twenty-sixth year of t'ie reign of his said late majesty King George the Second." Stat. 6 Geo. 4, cap. cxxn. CXXXVII. Stat. 6 Georgii 4, cap. cxxii. A.D. 1825. 'An Act for building two Chapels in the Town of Brighthelmston, in the County of Sussex.'" Stat. 6 Geo. 4, c. 124. 1 & 2 Geo. 4, c. xxi. CXXXVIII. Stat. 6 Georgii 4, c. 124(1). A.D. 1825. "An Act for making the four Districts in the Parish of Saint Mary-le-bone, in the County of Middlesex, District Rectories for certain Purposes" " Whereas an act passed in the first and second years of the reign of his present majesty, intituled, 'An Act to enable the Vestrymen of the Parish of Saint Mary- le-bone, in the County of Middlesex, to effectuate the building of Four District Churches in the said Parish ; and for other Purposes relating thereto :' and whereas by the said act the commissioners for building and promoting the building of additional churches were empowered to build four district churches in the said parish of Saint Mary-le-bone : and whereas it was thereby enacted that it, should be lawful for the said commissioners, with such consent as therein mentioned, to assign a particular district to each and every or any of the said district churches, such assignment to be confirmed by his majesty in council, and that each division or district should be under the immediate care of the respective district ministers, so far as relates to visiting and administering the sacrament to the sick at their own habitations, and churching of women : and it was also by the said recited act enacted, that each district minister so to be appointed as aforesaid should perform divine service, and preach, and administer the holy sacrament in the district (1) Vide Stat. 11 Geo. 4 & 1 Gul. 4, c. 59. STATUTA GEORGII IV. A.D. 1820-1830. 1311 church of which he should be minister, as therein mentioned ; and should perform Stat. 6 Geo. all parochial duties belonging to the function of a minister, save and except the 4» c- publication of banns, the solemnization of matrimony, and baptisms ; and it should be lawful for the said district ministers to receive, demand, and take the Easter dues or offerings and the surplice fees to arise, accrue, and become payable within each of their respective districts (save and except as therein mentioned) : and it was by the said recited act further enacted, that all publication of banns, and all marriages, and also baptisms, in the said parish of Saint Mary-le-bone (including the said four districts), should be performed at the then parish church as the same were then done, and at no other place ; and that all fees for the same respectively should be paid to the incumbent minister or rector of the said parish : provided that nothing therein contained should extend to exempt any such district ministers from the duty of performing private baptisms in their respective districts, when duly required so to do : and whereas, in pursuance of the powers and provisions of the said recited act, a district church has been built in Wyndham place, in the said parish of Saint Mary-le-bone, and duly consecrated, and a district minister has been thereunto appointed, and a district duly assigned to the same : and whereas one other district church has been built in Langham place, in the said parish of Saint Mary-le-bone, and duly consecrated, and a district minister has been there- unto appointed, and a district duly assigned to the same : and whereas one other district church has been built and duly consecrated in Stafford street, in the said parish, and a district minister has been thereunto appointed, and a district duly assigned to him : and whereas one other district has been assigned in the eastern part of the said parish, and a scite provided therein for a church in Osnaburgh street, and preparations are made for speedily erecting the same : and whereas it appears fit and expedient, for the better carrying into effect the pious and benevo- lent purposes for which the said recited act was framed, that the said districts should be more fully and completely appropriated for ecclesiastical purposes, and names given thereto, and other and further duties performed therein by the district ministers respectively : and whereas the king's most excellent majesty, in right of his crown, is the patron of the rectory and parish church of the said parish, may it therefore please your majesty that it may be enacted, and be it enacted by the So much of king's most excellent majesty, by and with the advice and consent of the lords recited act as spiritual and temporal, and commons in this present parliament assembled, and by Si^ric^min? the authority of the same, that from and after the passing of this act, so much of sters from the said recited act as prohibits the district ministers of the said four districts from publishing publication of banns, or the solemnization of marriages and baptisms, and from banns, or the taking the surplice fees due and arising and accruing therefrom, and also so much Qf^rria of the said recited act as enacts that all publication of banns, and all marriages and andbapdsms, baptisms, in the said parish of Saint Mary-le-bone, (including the said four dis- and as directs tricts,) shall be performed at the present parish church, as the same were then payment of done, and at no other place, and that all fees for the same respectively should ^ me^to the be paid to the incumbent minister or rector of the parish, so far as the same incumDent of comprises or relates to the said four districts, shall be and the same are hereby the parish, repealed. repealed. " IT. And be it further enacted, that the aforesaid four districts, and the respec- The four dis- tive churches built and to be built therein, shall be severally known and distin- trict rectories guished by the names following ; (that is to say,) the church situate in Wyndham t0 .be distin- place shall be called by the name of < Saint Mary's Church in Saint Mary-le-bone,' guished , by the r J J names herein and the district belonging thereto shall be called ' The District Rectory of Saint mentioned. Mary in Saint Mary-le-bone,' and the incumbent minister thereof shall be called and denominated the district rector thereof ; and the church situate in Langham place shall be called by the name of ' All Souls' Church in Saint Mary-le-bone,' and the district belonging thereto shall be called by the name of ' The District Rectory of All Souls in Saint Mary-le-bone,' and the incumbent minister thereof shall be called and denominated the district rector thereof ; and the church situate in Staf- ford street shall be called by the name of ' Christ Church in Saint Mary-le-bone,' and the district belonging thereto shall be called by the name of ' The District Rec- 1312 STATUTA GEORGII IV. A.D. 1820—1880. Stat. 6 Geo. 4, c. 124. Neither of the district churches to be tenable with the parish church. Districts and description of boundaries to be inr oiled in Chancery. The Bishop of London to certify to the incumbent of each of the four district rectories, and public notice shall be given in the parish church, that banns may be published, and marriages and baptisms so- lemnized in the churches of the district rectories, &c. tory of Christ Church in Saint Mary-le-bone,' and the incumbent minister thereof shall be called and denominated the district rector thereof ; and the church intended to be built in Osnaburgh street shall be called ( Trinity Church/ and the district thereof shall be called ' The District Rectory of the Trinity, or Trinity District Rectory, in Saint Mary-le-bone,' and the incumbent minister thereof shall be called and denominated the district rector thereof : provided always, that such denomination of district rectors, and district churches, shall not be deemed or taken to convey to the said district rectors, or district churches, any right, power, or authority, other than such as are expressly given by this act and the above-recited act. " III. And it is hereby further enacted, that neither of the churches of the said district rectories shall be tenable with the original parish church, nor with either of the churches of the other said district rectories. " IV. And be it further enacted, that the said several four districts so made and ascertained, and marked out by described bounds, and made distinct and separate district rectories by this act, and the description of the bounds thereof respectively, shall be enrolled in the high court of Chancery, and be registered in the office of the registry of the diocese ; and a correct copy of the description of such districts, and of the respective boundaries thereof, shall be printed or painted in legible cha- racters, and hung up in the vestry room of the said parish of Saint Mary-le-bone ; and a copy of each of such districts, and of the description of the boundaries thereof, shall be kept in the chest of the church of the district rectory with the books of registers of the church ; and another copy shall be printed or painted in some conspicuous place of the church of the district rectory, so as to be accessible at all seasonable times to every person desirous of inspecting the same. " V. And be it further enacted, that after the passing of this act, the Lord Bishop of the diocese of London for the time being shall, and the said lord bishop is hereby authorized and required forthwith, as soon as the same can be done, to certify the passing of this act to the incumbent minister of each of the four dis- trict rectories of the said parish ; and public notice shall be given in the church of the parish of Saint Mary-le-bone, and also in each of the churches of the said dis- trict rectories, on the Sunday succeeding the receipt by such minister as aforesaid of such certificate, that thereafter banns may be published, and marriages and christenings may be solemnized and had in the church of such district rectories respectively, as directed by this act ; and such certificates respectively shall be kept in the respective chests of the churches of each of the said district rectories, with the books of registry thereof, and a copy thereof shall be entered in the books of regis- try of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese ; and such certificate shall be deemed and taken to be conclusive evidence in all courts, and in all questions relating to any banns pub- lished, or marriages celebrated or solemnized in any such church, that the same might, according to law, respectively be published and celebrated and solemnized in such church ; and that all banns published, and marriages celebrated, solemnized, and had, in any such church, according to the laws and canons in force within this realm in that behalf, shall, after the granting of such certificate, be good, valid, legal, and effectual, to all intents and purposes whatsoever : provided always, that no banns or marriages respectively published, celebrated, solemnized, or had, accord- ing to the laws and canons in force within the realm in that behalf in any such church, after the same are allowed by this act to be solemnized therein, shall be or be deemed or taken to be invalid or illegal, or void or voidable, by reason of any such certificate not having been duly given, or registered, or entered, as hereinbefore required : provided always, that until the church intended to be built in Osnaburgh street, and directed by this act to be called ' Trinity Church,' shall be consecrated, all banns of marriages and baptisms within the district assigned to the said church, which is by this act directed to be called * Trinity District Rectory,' shall respec- tively be published, solemnized, and had, in the present parish church, as the same are now done ; and all fees for the same respectively shall be paid to the minister or rector of the said parish church. STATUTA GEORGII IV. A.D. 1820-1830. 1313 " VI. And be it further enacted, that from and after the receipt of such certifi- cate and notice given as aforesaid, (and not before,) it shall be lawful for the minis- ters of the churches of the said district rectories respectively, to publish all banns, and solemnize all marriages, either by banns or licence, and administer all baptisms in the churches of their said district rectories respectively, and to perform all other parochial functions of a minister, in the same manner as the incumbent minister or rector of Saint Mary-le-bone is now by law empowered to do, and also to take all fees for the same respectively, (save and except as hereinafter mentioned with respect to burials.) "VII. And be it further enacted, that all banns and marriages so published and solemnized in the churches of the said district rectories shall be in all respects and for all purposes valid and effectual, as if such banns and marriages had been published and solemnized in the parish church, and the churches shall be consi- dered as the proper churches for the publication of banns and the solemnization of marriage of all persons residing within the said district rectories respectively, in the place of the said parish church, and the banns and marriages of all such per- sons shall be published and solemnized in the church of the district rectory in which they reside, subject to all the laws, restrictions, and penalties now in force, or that may be hereafter enacted respecting the publication of banns and the solem- nization of marriage of persons residing in any separate and distinct parish. " VIII. And be it further enacted, that all acts of parliament, and laws and customs, relating to publishing of banns of marriage, marriages, christenings, and churchings, and the registering thereof, and to all ecclesiastical fees, oblations, or offerings, shall apply to all such district rectories, and the churches thereof, when and so soon as banns of marriage shall be allowed to be published, and marriages, christenings, and churchings, or any of them, shall be allowed to be solemnized therein, and to the ecclesiastical persons having cure of souls therein, or serving the same, in like manner in every respect as if the same respectively had been ancient, separate, and distinct parishes and parish churches by law, to all intents and purposes. " IX. Provided always, and be it further enacted, that nothing in this act con- tained shall be deemed, taken, or construed to alter or in any way affect the law respecting burials to be performed within the parish of Saint Mary-le-bone, and the burial fees thereof, as settled or declared by the aforesaid act, or by any other act or law now in force concerning the same. "X. And be it further enacted, that the said parish of Saint Mary-le-bone, including the said four district i ectories, shall continue to be one whole and entire parish, for all purposes other than and except ecclesiastical purposes, as herein declared ; and that the powers of the vestrymen of the said parish shall remain and continue to be the same in all respects as they are or were before the passing of this act, and they are hereby empowered to cany this act into execution, as if the several clauses hereof had formed part of the said recited act. " XI. Provided always nevertheless, that this act shall have no effect as to the said district rectory to be called ' Trinity District Rectory,' until the consecration of the church in such district. " XII. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, jus- tices, and others, without being specially pleaded." Stat. 6 Geo. 4, c. 124. District mini- sters empow- ered to publish banns, marry, and baptize, in their several districts. Banns and marriages so published and solemnized shall be valid. All acts of parliament, &c. relating to publishing banns of mar- riage, &c. to apply to all such districts and churches. Law respecting burials not to be altered. Parish of Saint Mary-le-bone one parish, except for ecclesiastical purposes. Powers of ves- trymen not altered. Trinity dis- trict. Public act. CXXXIX. Stat. 6 Georgii 4, c. 130 (1). [Ireland.] A.D. 1825. Stat.6Gko. "An Act to alter and amend the Law as to Cliurch Rates in Ireland, and to 4,C,U0, ^1r ^ regulate the same." (1) Repealed by Stat. 7 Geo. 4, c. 72. 1314 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 6 Geo. 4, CAP. CLXXVI. CXL. Stat. 6 Georgii 4, cap. clxxvi. A.D. 1825. iAn Act for extinguishing Tithes and Customary Payments in lieu of Tithes, within the Parish of Saint Botolph without Bishopsgate, in the Liberties of the City of London; and for making Compensation to the Rector for the time being in lieu thereof" Stat. 6' Geo. 4, cap. cxcv. CXLI. Stat. 6 Georgii 4, cap. cxcv. A.D. 1825. "An Act to enable the Rector, Churchwardens, and Inhabitants of the Parish of Saint Dunstan-in-the-East, in the City of London, to borrow Money for paying off certain Debts of the said Parish, and for other Purposes relating thereto" Stat. 7 Geo. 4, CAP. III. CXLII. Stat. 7 Georgii 4, cap. hi. A.D. 1826. (An Act for the Appropriation of two Chapels as Chapels of Ease to the Parish Church of Brighthelmston, in the County of Sussex." Stat. 7 Geo. 4, c 4. 6 Geo. 4, c. 88. Y Repeal of so much of the recited act as restricts the number of ministers and their salaries. Salaries, how to be distri- buted. CXLIII. Stat. 7 Georgii 4, c. 4. A.D. 1826. "An Act to amend an Act of the last Session of Parliament, for making Provision for the Salaries of certain Bishops, and other Ecclesiastical Dignitaries and Ministers in the Diocese of Jamaica, and in the Diocese of Barbadoes and the Leeward Islands; and for enabling His Majesty to grant Annuities to such Bishops upon the Resignation of their Offices." " Whereas an act was passed in the last session of parliament, intituled, * An Act to make Provision for the Salaries of certain Bishops, and other Ecclesiastical Dignitaries and Ministers, in the Diocese of Jamaica, and in the Diocese of Barba- does and the Leeward Islands ; and to enable His Majesty to grant Annuities to such Bishops upon the Resignation of their Offices :' and whereas it is expedient that the said act should he amended ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the said recited act as enacts, that there shall be seven ministers in the diocese of Jamaica, and thirteen ministers and three catechists in the diocese of Barbadoes, with certain salaries specified in the said act, shall be repealed. "II. And be it further enacted, that it shall and may be lawful for the com- missioners of his majesty's treasury of the United Kingdom for the time being, or any three or more of them, and they are hereby authorized and required, from time to time, by warrant or warrants under their hands, to direct the proper officer of the exchequer to issue and pay out of the growing produce of the consolidated fund of the United Kingdom of Great Britain and Ireland, to such person or per- sons as may be appointed to receive the same, any sum or sums of money, not exceeding the sum of six thousand three hundred pounds per annum, to commence and be computed from the fifth day of April, one thousand eight hundred and twenty-four, for the salaries of ministers, catechists, and schoolmasters, in the dioceses of Jamaica and Barbadoes and the Leeward Islands, and to be distributed among such ministers, catechists, and schoolmasters, in salaries or otherwise, as the bishops of the respective dioceses, with the approbation of the commissioners of the treasury, or of his majesty's secretary of state, shall appoint ; and so that the sum to be paid to the ministers, catechists, and schoolmasters, in pursuance of the said act of the last session of parliament and of this act, shall not exceed two thou- sand one hundred pounds per annum for the diocese of Jamaica, and four thousand two hundred pounds per annum for the diocese of Barbadoes and the Leeward Islands ; and that no minister shall have a salary exceeding three hundred pounds per annum, as authorized by the said act." STATUTA GEORGII IV. A.D. 1820-1830. 1315 CXLIV. Stat. 7 Georgii 4, cap. v. A.D. 1826. Stat. 7 Geo. "An Act .... for removing the Election of Members and of Mayors of the ' CAP' V* sai I Town from the Church of Saint Mary the Virgin in Dover." CXLV. Stat. 7 Georgii 4, cap. ix. A.D. 1826. Stat. 7 Geo. "An Act for enabling the Master, Wardens, or Keepers of the Commonalty of ' cap' 1X' Freemen of the Mystery of Coopers, London, and of the Suburbs of the same City, to purchase and hold in Mortmain a Piece of Land adjoining the Free School at Egham, in the County of Surrey, founded by Henry Strode, as Trustees for the Purposes of the said Charity." CXLVI. Stat. 7 Georgii 4, c. 14. [Ireland.] A.D. 1826. Stat. 7 Geo. 4 c 14. riR-i "An Act for the further Amendment of an Act of the first and second years of ' His present Majesty, for the Establishment of Asylums for the Lunatic Poor in Ireland." CXLVII. Stat. 7 Geokgii 4, c. 15. A.D. 1826. Stat. 7 Geo. "An Act to amend an Act passed in the seventh and eighth years of the Reign 4' c* 15' of King William the Third, for the more easy Recovery of small Tithes" " Whereas by an act passed in the seventh and eighth years of the reign of 7 & 8 Gul. 3, King William the Third, intituled, 4 An Act for the more easy Recovery of small c- 6- Tithes,' it is enacted, that all and singular the tithes, commonly called small tithes, with all oblations and obventions due to the several rectors, vicars, and other per- sons, in England and Wales, and Berwick-upon-Tweed, not exceeding the sum of forty shillings, shall be recovered by complaint to two or more justices of the peace within the county, riding, city, town corporate, or place, where the same shall grow due ; neither of which justices is to be patron of the church or chapel where the said tithes shall arise : and whereas by an act passed in the fifty-third year of the 53 Geo. 3, reign of his late majesty King George the Third, intituled, * An Act for the better c. 127. Regulation of Ecclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes,' the sum to be recovered for all manner of tithes and offerings is extended to an amount not exceeding ten pounds : and whereas it is expedient in certain cases to alter and amend that part of the said recited act of King William the Third which relates to the jurisdiction before which the said tithes shall be recovered; be it therefore enacted by the king's most excellent Inplaceswhere majesty, by and with the advice and consent of the lords spiritual and temporal, the justices are and commons in this present parliament assembled, and by the authority of the P^atro^s °.^lie same, th at from and after the passing of this act it shall and may be lawful, in all to ^e reCOverei cities, towns corporate, or other towns or places in England, Wales, or Berwick- before justices upon-Tweed, where the justices of the peace in and for the same are patrons of the of any adjoin- said church or chapel where any tithes or offerings do or shall arise, for two justices inS countv or of the peace in and for any adjoining county, riding, or division, to hear and deter- P aC ' mine all complaints for withholding the said tithes and offerings, not exceeding the amount of ten pounds ; such complaint to be made in writing by the said rector or vicar, or other person, his attorney, or agent. " II. And be it further enacted, that nothing in this act shall be construed Recited acts to repeal or alter any of the clauses or provisions of the said recited acts, or either not repealed. of them, save and except as to such parts thereof as are expressly altered or exoeptasherein , , , „ L sr j mentioned, amended by the same." 4 P 2 1316 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 17. The last sheriff, &c. of Dur- ham to con- tinue in office for six months from the de- cease of the late bishop, unless suc- ceeding bishop shall sooner determine the same. Proceedings at the last Easter quarter ses- sion valid. Determination of grants of office hereafter to be made by any Bishop of Durham. Public act. CXLVIII. Stat. 7 Georgii 4, c. 17. A.D. 1826. "An Act for remedying Inconveniences in the Administration of Justice, arising from the present Vacancy of the See of Durham, and for preventing tlie like in future." " Whereas the office of sheriff in the county palatine of Durham is held by grant of the Bishop of Durham for the time being, during the pleasure of the same bishop, and the see of Durham is now vacant by the decease of the late bishop thereof ; and by reason of his decease the said office of sheriff hath also become vacant, and there was no officer legally authorized to return jurors or to execute writs at the general quarter session of the peace for the said county palatine in the week after the clause of Easter ; and it is necessary to provide a remedy for the inconveniences which may ensue therefrom, and in other respects from the vacancy of the said office of sheriff ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the last sheriff of the said county palatine, his deputy or deputies, and all other officers and ministers of justice within the same, whose offices determined on the decease of the late bishop of the said see, shall be and they are hereby con- tinued in their respective offices from the decease of the said late bishop for the term of six calendar months thence next ensuing, in as full and ample manner to all intents and purposes as if the said see had not become vacant, unless the suc- ceeding bishop of the said see shall sooner determine the same or any of them ; and that the said sheriff, officers, and minister respectively, shall have the like power and authority of executing and returning all writs and precepts to him or them directed or to be directed, and of doing all other acts to their respective offices appertaining, as fully and effectually as if the said see had not become vacant ; and that all trials and other proceedings had and taken, or to be had and taken, in the court of quarter session holden for the said county palatine in the week after the clause of Easter, or at any adjournment thereof, and all judgments and orders there pronounced and made, and all sentences and punishments there passed and awarded, shall be good, valid, and effectual to all intents and purposes whatsoever, any law or usage to the contrary notwithstanding ; provided always, that nothing herein contained shall be construed to legalize or render valid any act which would not have been legal or valid if the said see had not become vacant. " II. And, for preventing the like inconveniences in future, be it further enacted, that no grant or appointment of or to any office or employment concerning the administration of justice in the said county palatine, hereafter to be made by any bishop of the said see, shall cease, determine, or be void by reason of the death of any such bishop, but every such grant and appointment shall continue in full force for the term of six calendar months after any such death, unless in the meantime determined by any succeeding bishop of the said see. " III. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded." Stat. 7 Geo, 4, cap. xxii. CXLIX. Stat. 7 Georgii 4, cap. xxii. A.D. 1826. ' An Act for building a Parsonage House for the Rector of the Parish of Saint , Paul, Shadwell, in the County of Middlesex; and for enabling such Rector to grant Building Leases of part of the Rectory Land; and for other Pur- poses." Stat. 7 Geo. 4, cap. xxiv. CL. Stat. 7 Georgii 4, cap. xxiv. A.D. 1826. (An Act for enabling the Governors of the Hospital of the Poor or Almshouse called Sekf orders Almshouse, in Woodbridge, in the County of Suffolk, to grant Building and other Leases of their Estates situate in the Parish of Saint James ClerkenwelL in the County of Middlesex, and for other Purposes, for the Benefit of the said Hospital." STATUTA GEORGII IV. A.D. 1820—1830. 1317 CLI. Stat. 7 Georgii 4, cap. xxv. A.D. 1826. 'An Act to enable the Provost and College of Eton, in the County of Bucks, to grant Building Leases of Lands in the Parishes of Hampstead and Mary-le-bone, in the County of Middlesex, and for other Purposes" Stat. 7 Geo. 4, cap. xxv. CLII. Stat. 7 Georgii 4, cap. xxvi. A.D. 1826. "An Act for confirming an Exchange made of certain parts of the Glebe Lands of the Rectory of Stowlangtoft, in the County of Suffolk.'* Stat. 7 Geo. 4, cap. xxvi. CLIII. Stat. 7 Georgii 4, cap. xxvii. A.D. 1826. * An Act to confirm an Award made for ascertaining the Glebe Lands of the Rectory Appropriate of Waghen, in the County of York, and for dividing the same from the Fee Simple Estates of the late Joseph Windham, Esquire, situate in the Parish of Waghen aforesaid.'''' Stat. 7 Geo. 4, cap. xxvii. CLIV. Stat. 7 Georgii 4, cap. xxviii. A.D. 1826. (An Act for amending and enlarging the Powers of an Act of the seventeenth year of the Reign of His late Majesty King George the Third, and of another Act of the fifty-fourth year of the Reign of the same King, for enabling the Feoffees and Trustees of an Estate in the County of Middlesex, given by Lawrence Sheriff for the founding and maintaining a School and Almshouses at Rugby, in the County of Warwick, to sell part of the said Estate, or to grant Leases thereof, and for other Purposes.'1 Stat. 7 Geo. 4, cap. xxviii. CLV. Stat. 7 Georgii 4, c. 30. A.D. 1826. "An Act to amend the several Acts for authorizing Advances for carrying on Public Works, and to extend the Provisions thereof in certain cases.''' " Whereas an act was passed in the fifty-seventh year of the reign of his late majesty King George the Third, intituled, ' An Act to authorize the Issue of Ex- chequer Bills, and the Advance of Money out of the Consolidated Fund, to a limited Amount, for the carrying on of Public Works and Fisheries in the United King- dom, and Employment of the Poor in Great Britain, in manner therein mentioned :' and whereas another act was passed in the same session of parliament to amend the said recited act ; and whereas the said recited acts have been amended, and the powers thereof extended by several acts passed in the fifty-eighth year of his said late majesty, and in the first, third, fourth, fifth and sixth years of the reign of his present majesty ; and it is expedient to make provision for extending the benefit of the said acts in certain cases ; and whereas an act was passed in the last session of parliament, intituled, * An Act to amend the Laws relating to Bankrupts ;' and doubts have arisen how far certain provisions of the said recited act of the fifty- seventh year of his said late majesty's reign, and the several acts for amending the same, may be affected by the said last recited act of the last session of parliament ; be it therefore declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said recited act of the last session of parliament for amending the laws relating to bank- rupts, or any clause, matter, or thing therein contained, shall not extend, or be deemed or construed to extend, to repeal, alter, or abridge any powers, clauses, provisions, or regulations, for the purpose of enabling the commissioners for the execution of the said recited act of the fifty-seventh year of his late majesty's reign, or of any act or acts for amending or extending the said act of the said fifty-seventh year, to enforce payment of any loan or advance made by them, in case of the bankruptcy of any party or parties to whom such loans or advances have been or shall be made, or in case of the bankruptcy of the sureties of any such parties respectively ; but that all such powers, clauses, provisions, and regulations, con- Stat. 7 Geo. 4, c. 30. 57Geo.3,c.34. 6 Geo. 4, c. 16. The powers given to the commissioners under the re- cited act 57 Geo. 3, c. 34, for enforcing the payment of advances made by them, not to be abridged, in cases of bankruptcy, by 1318 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4,c. 30. the provisions of 6 Geo. 4, c. 16. 3 Geo. 4, c. 86. 6 Geo. 4, c. 35. Commissioners to take 5/. per cent, interest on future loans. Nothing in this act to affect the powers of 5 Geo. 4, c. 77, as amended by 6 Geo. 4,c. 35. Commissioners may lend to any archbishop or bishop in Ireland for purchasing landsjor houses, or for building or improving houses of residence. tained in the said recited act of the fifty-seventh year of his said late majesty's reign, or in the several acts for altering or amending the same, or in any of them, shall remain and continue in full force and effect, anything in the said act of the last session of parliament for amending the laws relating to bankrupts in anywise notwithstanding. " II. And whereas by an act passed in the third year of his present majesty's reign, intituled, * An Act to amend two Acts of the fifty-seventh year of His late Majesty and the first year of His present Majesty, for authorizing the Issue of Exchequer Bills and the Advance of Money for carrying on Public Works and Fisheries, and Employment of the Poor, and to authorize a further Issue of Exche- quer Bills for the Purposes of the said Acts ;' and also by an act made in the sixth year of his present majesty's reign, intituled, * An Act to render more effectual the several Acts for authorizing Advances for carrying on Public Works, so far as relates to Ireland ;' the commissioners for the execution of the said recited acts are directed to take interest at the rate of four pounds per centum per annum, upon any advances to be made by them under and by virtue of the said acts, and the several acts therein recited or referred to ; and whereas it is expedient that from and after the passing of this act the said commissioners should be authorized and empowered to take and charge interest at the rate of five pounds per centum per annum upon all advances made by them in Great Britain or Ireland ; be it there- fore enacted, that from and after the passing of this act it shall be lawful for the said commissioners, and they are hereby authorized and required, to take interest at and after the rate of five pounds per centum per annum on any loans or advances to be made by them, either in Great Britain or Ireland, at any time after the passing of this act ; anything contained in the said recited acts to the contrary thereof in anywise notwithstanding. " III. Provided always, and be it enacted, that nothing in this act contained shall extend, or be deemed or construed to extend, to alter, lessen, or abridge the powers given to or vested in the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland, by an act passed in the fifth year of his present majesty's reign, intituled, ' An Act to amend the Acts for the Issue of Exchequer Bills for Public Works,' as explained and amended by the said recited act of the sixth year of his majesty's reign, to reduce the rate of interest in the manner and under the circumstances in the said acts particularly stated and referred to. " IV. And whereas it is expedient to extend the provisions of the said recited act of the sixth year of his present majesty's reign, for rendering more effectual the several acts for authorizing advances for carrying on public works, so far as relates to Ireland, and to enable the said commissioners for the execution of the said act to make advances in Ireland to any archbishop, bishop, or other ecclesias- tical person, for providing suitable or more convenient residences ; be it therefore enacted, that from and after the passing of this act, it shall and may be lawful for the commissioners for the execution of the said recited act, upon application in writing being made to them in that behalf, by any archbishop or bishop, or other ecclesiastical person in Ireland, to lend and advance to such archbishop or bishop, or other ecclesiastical person, out of the sum of three hundred thousand pounds, by the said act authorized to be issued out of the growing produce of the consolidated fund of the United Kingdom arising in Ireland, such sum or sums of money as the said commissioners shall think fit, for the purpose of purchasing, within the diocese or benefice of any such archbishop, bishop, or other ecclesiastical person, any land upon which any house or houses, or offices or other buildings, have been already built, with conveniences thereto belonging ; or any land fit for building a house, offices, and conveniences thereon, for the habitation and residence of any such archbishop, bishop, or other ecclesiastical person, and their respective successors for ever, or any land, tenements, or hereditaments, for the purpose of repairing, enlarging, or improving any house or houses, outhouses, gardens, or orchards, of or belonging to the demesne, glebe or mensal land, or any other lands, of such arch- bishop, bishop, or other ecclesiastical person, or for otherwise providing suitable or STATUTA GEORGII IV. A.D. 1820—1830. 1319 more convenient residences for any such archbishop, bishop, or other ecclesiastical person respectively, having regard, in considering all such applications, to the clear yearly value of the archbishopric, bishopric, or other benefice, for which such houses and lands are intended to be purchased, built, repaired, or enlarged as afore- said, and the advantages to be derived from the same to such archbishopric, bishopric, or other benefice as aforesaid, and also to the sufficiency of the security proposed for the repayment of the money advanced. " V. And be it further enacted, that it shall be lawful for the said commis- sioners, and they are hereby authorized and required to take from any such arch- bishop, bishop, or other ecclesiastical person, a mortgage or charge on the revenue and receipts of any archbishopric, bishopric, or other benefice, to secure the repay- ment of the amount of any sum advanced under the authority of this act, by instalments of sufficient amount in the whole to repay the principal money ad- vanced within the period of twenty years from the date of the said advance ; and the first of which instalments shall commence and be payable within the period of five years at farthest from the date of such advance, with interest at the rate of five pounds per centum per annum on the principal from time to time remaining due ; and it shall be lawful for any such archbishop, bishop, or other ecclesiastical person, and he and they is and are hereby severally and respectively authorized and required to mortgage, charge, assign, and make over their respective revenues and receipts to the secretary for the time being of the said commissioners, in such manner and form as the said commissioners shall direct or appoint ; and all such mortgages, charges, assignments, and securities, shall have priority over and shall precede all other securities on such revenues and receipts, except such as may have been entered into and may be chargeable thereon at the date of such advance ; and shall be binding upon the respective successors of every such archbishop, bishop, or other ecclesiastical person, until the whole of the monies advanced, with interest thereon, shall be fully paid and satisfied ; anything contained in any act or acts passed in the parliament of Ireland, or in the parliament of the United Kingdom of Great Britain and Ireland, or any law, usage or custom to the contrary in any- wise notwithstanding. "VI. And be it further enacted, that any and every loan or advance which shall be granted and made under this present act, shall be subject to all the powers, provisions, limitations, regulations, and conditions for the grant, security, or reco- very of any loan or advance contained in and in force under the said recited act of the fifty-seventh year of the reign of his said late majesty, and the several acts for altering, amending, or extending the same, or any of them, and that the said com- missioners shall have all such powers and authorities for the purpose of recovering or compelling payment of any loan or advance made under the certificate of the said commissioners for the purposes of this act, as are given to the said commis- sioners by the said acts or any of them, in respect of any loan or advance in Great Britain, under the said acts, or any of them, or in respect of any default in the payment of any such loan or advance ; and that all and every the clauses and pro- visions in the said recited acts or any of them contained, and in force for the regu- lation of the said commissioners in or relating to the granting of any loan or advance in Great Britain, and for the repayment, recovery, and receipt of any such loan or advance when due and payable, and for exempting mortgages, assignments, and other instruments and writings, from being liable to any stamp duty, or other- wise howsoever, shall extend and be construed to extend to all loans and advances respectively under this act, and to the payment and recovery thereof in Ireland, and shall be of like force and effect, and shall be applied and put in execution in Ireland, as if the said clauses and provisions had, by the said recited acts, been extended to Ireland, and as if such clauses and provisions were particularly repeated and re-enacted in the body of this act, except only so far as the same are altered by this present act. " VII. And be it further enacted, that this act may be amended, altered, or repealed by any act or acts to be passed in this present session of parliament." Stat. 7 Geo. 4, c. 30. Commissioners to take mort- gage of revenue of archbishops, &c. for se- curing repay- ment within twenty years, with interest. Archbishops, &c. empowered to mortgage. Such mort- gages to have priority, and to be binding on their suc- cessors. Loans under this act to be subject to pro- visions of former acts. Act may be altered this session. 1320 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. CLVI. Stat. 7 Georgii 4, cap. xxxv. A.D. 1826. 4, cap. xxxv. "An Act for enabling the Prebendary of the Prebend of Wenloctfs Barn to pur- chase, for the benefit of Himself and his Successors, the Hereditaments comprised in a certain Indenture of Lease, for the Residue of the Term thereby demised, and to grant Building Leases of the same Hereditaments, and for other Pur- poses." Stat. 7 Geo. CLVII. Stat. 7 Georgii 4, cap. xxxvi. A.D. 1826. 4, cap. xxxvi. "An Act to confirm a Contract entered into for granting Sub-leases for building on Lands within the Manor of Brownswood, in the County of Middlesex, parcel of the Prebend of Brownswood, founded in the Cathedral Church of Saint Paul in London; and to enlarge the Powers of an Act passed in the second year of the Reign of His present Majesty King George the Fourth, intituled, An Act to enable the Prebendary of the Prebend of Brownswood, in the County of Mid- dlesex, founded in the Cathedral Church of Saint Paul in London, to grant a Lease of the Manor of Brownswood, in the said County, parcel of the said Prebend, in manner therein mentioned, and to enable the granting of Sub-leases for building thereon, and otherwise improving the same, and for other Purposes ; and to amend the same Act ; and to authorize the Redemption of the Land Tax payable in respect of the said Manor, and the Lands and Hereditaments within the same; and for other Purposes." Stat. 7 Geo. CLVIII. Stat. 7 Georgii 4, cap. xli. A.D. 1826. 4, cap. xli. "An Act for effecting a Sale of part of the Glebe Lands belonging to the Rectory of Kingswinford, otherwise Swynford Regis, in the County of Stafford, and the Mines in and under the same, to the Right Honourable John William Viscount Dudley and Ward; and for other Purposes." Stat. 7 Geo. CLIX. Stat. 7 Georgii 4, cap. xlvi. A.D. 1826. 4 cap, xlvi. "An Act for vesting Pedlar's Acre Estate, situate in the Parish of Saint Mary Lambeth, in the County of Surrey, in Trustees, for letting the same, and for applying the Produce thereof according to the Directions of the Vestry of the said Parish." Stat. 7 Geo. CLX. Stat. 7 Georgii 4, c. 48. A.D. 1826. 4 c. 48. "An Act to alter and amend the several Laws relating to the Customs." [Materials used in building churches and chapels exempted from all duties, s. 52.] Stat. 7 Geo. CLXI. Stat. 7 Georgii 4, cap. l. A.D. 1826. 4, cap l. "J[n for huilding a Church or Chapel of Ease in the Township of Ripon, in the West Riding of the County of York." Stat. 7 Geo. CLXII. Stat. 7 Georgii 4, cap. li. A.D. 1826. "An Act jfor erecting and endowing a Church in the Parish of Liverpool, in the County Palatine of Lancaster, to be called the Church of St. David." \ STATUTA GEORGII IV. A.D. 1820-1830. 1321 CLXIII. Stat. 7 Georgii 4, cap. lii. A.D. 1826. Stat. 7 Geo. "An Act for providing an additional Cemetery in the Parish of Liverpool, in the County Palatine of Lancaster" CLX1V. Stat. 7 Georgii 4, cap. liv. A.D. 1826. Stat. 7 Geo. "An Act for extinguishing Tithes and Customary Payments in lieu of Tithes and 4' CAP* L1V* Easter Offerings within the Parish of Saint Giles, Cripplegate, in the Liberties of the City of London; and for making Compensation to the Vicar, for the time being, in lieu thereof" Stat. 7 Geo. CLXV. Stat. 7 Georgii 4, c. 57. A.D. 1826. 4> c' 57" "An Act to amend and consolidate the Laws for the Relief of Insolvent Debtors in England" " XXVIII. Provided always, and be it further enacted, that nothing in this Assignees' act contained shall extend to entitle the assignee or assignees of the estate and JJ™^™1^ effects of any such prisoner, being a beneficed clergyman or curate, to the income ^c^e °f a of such benefice or curacy, for the purposes of this act ; provided always neverthe- benefice or less, that it shall be lawful for such assignee or assignees to apply for and obtain curacy, a sequestration of the profit of any such benefice, for the payment of the debts of ^q^[a^on such prisoner ; and the order of adjudication made !in the matter of such prisoner's benefice may petition, in pursuance of this act, shall be a sufficient warrant for the granting of De obtained, such sequestration, without any writ or other proceedings to authorize the same ; and such sequestration shall accordingly be issued, as the same might have been issued upon any writ of levari facias, founded upon any judgment against such prisoner." CLXVI. Stat. 7 Georgii 4, c. 66 (1). A.D. 1826. Stat. 7 Geo. 4, c. 66. "An Act to render more effectual the several Acts now in force to promote the Residence of the Parochial Clergy, by making Provision for purchasing Houses and other necessary Buildings for the Use of their Benefices" " Whereas in and by an act of parliament passed in the seventeenth year of the 17Geo.3,c.53. reign of his majesty King George the Third, intituled, 'An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for the Use of their Benefices,' it was enacted, that where new buildings were necessary to be provided or erected for the habitation and residence of the rector, vicar, or other incumbent of any ecclesiastical living, V" parochial benefice, chapelry, or perpetual curacy, pursuant to the authority there- by given, it should be lawful for the ordinary, patron, and incumbent of every such living or benefice to contract, or to authorize, if they should think fit, the person to be nominated under the provisions of the said act to contract, for the absolute purchase of any house or buildings in a situation convenient for the habitation and residence of the rector, vicar, or other incumbent of such living or benefice, and not at a greater distance than one mile from the church belonging to such living, and also, to contract for any land adjoining or lying convenient to such house or building, or to the house or building belonging to any parochial living or benefice having no glebe lying near or convenient to the same, not exceeding the quantity thereby limited, and to cause the purchase money for such house or buildings to be paid out of the money to arise under the powers and authorities of the said act ; in all which cases the said buildings and lands should be conveyed to the patron of such living or benefice, and his heirs, in trust for the sole use and benefit of the rector, vicar, or other incumbent of such living or benefice for the time being, and their successors, and should be annexed to such church or chapel, and be enjoyed and go in succession with the same for ever: but no contract so made by the (1) Vide Stat. 1 & 2 Vict. c. 106, and Stat. 5 & 6 Vict. c. 26 1322 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. nominee should be valid until confirmed by the ordinary, patron, and incumbent, 4, c. 66. by writing under their hands ; and every such purchase deed was to be in the form or to the effect contained in the schedule to the said act annexed, and should be registered in such manner and in such office as other deeds were thereby directed 21Geo.3,c.66. to be registered: and whereas an act was passed in the twenty-first year of the reign of his said late majesty, to explain and amend the said first-mentioned act : 43 Geo. 3, and whereas in and by an act of parliament passed in the forty-third year of his c* 107* said late majesty's reign, intituled, ' An Act for effectuating certain Parts of an Act passed in the second and third years of the Reign of Her late Majesty Queen Anne, intituled, " An Act for the making more effectual Her Majesty's gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling Her Majesty to grant in perpetuity the Revenues of the First-fruits and Tenths, and also for enabling any other Persons to make Grants for the same Pur- pose," so far as the same relate to Deeds and Wills made for granting and bequeath- ing Lands, Tenements, Hereditaments, Goods, and Chattels to the Governors of the Bounty of Queen Anne, for the Purposes in the said Act mentioned ; and for enlarging the Powers of the said Governors ;' it was enacted, that where a living should have been or should be augmented by the said governors, either by way of lot or benefaction, and there was' no parsonage house suitable for the residence of the minister, it should be lawful for the said governors, and they were thereby empowered, from time to time, in order to promote the residence of the clergy on their benefices, to apply and dispose of the money appropriated for such augmenta- tion, and remaining in their hands, or any part thereof, in such manner as they should deem most advisable, in or towards the building, rebuilding, or repurchasing a house and other proper erections within the parish, convenient and suitable for the residence of the minister thereof, which house should for ever therafter be deemed the parsonage house appertaining to such living to all intents and pur- 65 Geo. 3, poses whatsoever : and whereas in and by an act of parliament passed in the fifty- c- 14 fifth year of the reign of his said late majesty, intituled, ' An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses or Glebe Lands belonging to their Benefices for others of greater Value, or more conveniently situ- ated for their Residence and Occupation ; and for annexing such Houses and Lands so taken in Exchange to such Benefices, as Parsonage or Glebe Houses and Glebe Lands ; and for purchasing and annexing Lands to become Glebe in certain Cases ; and for other Purposes ;' it was enacted, that from and after the passing of the said act, it should be lawful to and for any owner or owners of any messuages, buildings, lands, or hereditaments, whether such owner or owners should be a cor- poration sole or aggregate, or tenant or tenants in fee-simple, or in fee-tail general or special, or for life or lives, and for the guardians, trustees, or feoffees for chari- table or other uses, husbands, or committees of or acting for any such owner or owners as aforesaid, who at the time of making any exchange or purchase autho- rized by the said act should be respectively infants, feme coverts, or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, him- self, or herself, by deed or deeds indented, and to be registered as therein men- tioned, and with 'such consent, and to be signified as therein mentioned, of such incumbent and of the patron and bishop, to grant and convey to any parson, vicar, or other incumbent for the time being of any ecclesiastical benefice, perpetual curacy, or parochial chapelry, any messuage, outbuildings, yards, gardens, and lands, with their appurtenances, or any messuage or outbuildings only, or any lands (with or without necessary outbuildings) only, of such owner or owners, in lieu of and in exchange for any parsonage house, outbuildings, yards, gardens, and glebe lands, and pastures, feedings, and rights of common, or any of them, or any part thereof, of or belonging to any such benefice, perpetual curacy, or parochial chapelry, or (in cases of purchase) to sell and convey to such parson, vicar, or other incumbent, any lands, not exceeding in the whole twenty statute acres, with the necessary outbuildings thereon, for such sum or sums of money as should be certified to be the true and just value of the same at the time of such sale thereof, by a valuation to be made as therein directed ; which said sum or sums of money STATUTA GEORGII IV. A.D. 1820—1830. 1323 to be received for the purchase of any lands or hereditaments should, in all cases where the lands or hereditaments so to be purchased belonged to any corporation sole or aggregate, infant, feme covert, lunatic, or person or persons under any other disability or incapacity, with all convenient speed be paid into the bank of Eng- land, in the name and with the privity of the accountant general of the high court of Chancery, to such account, and applied or laid out in such manner and for such purposes, and the interest and annual produce thereof to be paid to such persons, as in and by the said act appointed and directed : and whereas the provisions of the said last-recited act have been extended to Ireland by an act passed in the fourth year of the reign of his present majesty, intituled, * An Act to amend the Laws for collecting Church Rates, and Money advanced by the Trustees and Com- missioners of the First-fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands in Ireland ;* and also by an act passed in the fifth year of his present majesty's reign, intituled, ' An Act to amend an Act of the last Session of Parliament, for amending the Laws for the Improvement of Church Lands in Ireland :' and whereas several acts were passed in the fifty-sixth year of the reign of his said late majesty, and in the first and the sixth years of the reign of his present majesty, to amend the said act of the fifty-fifth year of his late majesty's reign : and whereas the means of providing houses and buildings for the residence and occupation of the parochial clergy are still in many cases insufficient, by reason that the powers given to owners of houses, buildings, and lands, by the said act of the fifty-fifth year of his late majesty's reign, if under any disability or incapacity to convey, authorize the sale of land only, and the exchange only of houses and buildings ; and that although power to purchase houses and buildings is given by the said acts of the seventeenth and forty-third years of his late majesty's reign, the owners thereof, if under any such disability or incapacity, are not empowered to sell and convey the same : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall and may be lawful to and for any owner or owners of any messuages, buildings, or lands, which may be pur- chased under the authority of the said acts of the seventeenth and forty-third and fifty- fifth years of his late majesty's reign, or either of them, whether such owner or owners shall be a corporation sole or aggregate, or tenant or tenants in fee-simple or in fee-tail, general or special, or for life or lives, and for the guardians, trustees, or feoffees for charitable or other uses, husbands, or committees of or acting for any such owner or owners as aforesaid, who shall be respectively infants, feme coverts, or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sell such messuages, buildings, and lands, or any of them, for the purposes of the said acts or either of them, and to convey the same in manner hereinafter mentioned ; and all messuages, buildings, and lands, which shall be purchased under the authority of this act, or of the said acts of the seventeenth, forty-third, and fifty-fifth years of his late majesty's reign, or either of them, shall be coveyed unto and to the use of the parson, vicar, or other incum- bent of the benefice, curacy, or chapelry, for the residence and occupation of the parson, vicar, or other incumbent whereof the same shall be purchased, and shall for ever, from and after the conveyance thereof, be and become annexed to the same benefice, curacy, or chapelry, and be holden and enjoyed by the parson, vicar, or other incumbent thereof, and his successors, accordingly, without any licence or writ of ad quod damnum, the statute of mortmain or any other statute or law to the contrary notwithstanding ; and a copy of every such conveyance of any mes- suage, buildings, or lands, the purchase money whereof shall be raised under the powers of the said act of the seventeenth year of his late majesty's reign, shall be registered as by the said act is directed with respect to conveyances thereby authorized. "II. Provided always, and be it further enacted, that in every case in which any messuage, buildings, or lands shall be sold under the authority of this act, by any owner or owners, having any less estate or interest in the same than in fee- Stat. 7 Geo. 4, c. 06. 4 Geo. 4, c. 86. 5 Geo. 4, c. 8. 56Geo.3,c.52. 1 Geo. 4, c. 6. 6 Geo. 4, c. 8. Corporations and persons under disability or incapacity authorized to sell messuages, lands, &c. for the purposes of recited acts. Conveyance to be registered. Such mes- suages, lands, &c. to be sur- 1324 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 Geo. 4, c. 66. veyed, and the map and valua- tion verified on oath, and pre- served. Application of purchase money. simple, or by any corporation aggregate or sole, or person or persons under any legal disability, a map and plan thereof, under an actual survey and a valuation thereof, shall be made and taken by some competent surveyor, and verified upon oath to be taken before some justice of the peace, which oath any justice of the peace is hereby authorized to administer ; and such map, plan, and valuation, and the affidavit verifying the same, shall be annexed to and preserved with the conveyance. " III. Provided also, and be it further enacted, that in every case in which a sale and conveyance shall be made under the authority of this act, of any mes- suages, buildings, or lands which shall belong to any corporation aggregate or sole, or tenant in fee-tail, general or special, or for life or lives, infant, feme covert, lunatic, or person or persons under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, the purchase money for the same shall with all convenient speed be paid into the bank of England or the bank of Ireland, as the case may be, in the name and with the privity of the accountant-general of the high court of Chancery of England or Ireland, as the case may be, to be placed to his account ex parte the person or persons or corporation who would have been entitled to the rents, issues, and profits of such messuages, buildings, or lands ; to the intent that such money shall be applied or laid out under the direction and with the approbation of the said court of Chancery of England or Ireland, (to be signified by an order to be made upon a petition to be preferred by or on behalf of the person or persons who would have been entitled to the rents, issues, and profits of such messuages, buildings, or lands,) in the purchase of the land tax, or towards the payment of any debts or incumbrances affecting the same messuages, buildings, or land, or other lands or hereditaments standing settled to the same or the like uses, or in the purchase of other lands or hereditaments to be conveyed, settled, and made subject to and for and upon such and the like uses, trusts, limitations, and dispositions, and in the same manner as the messuages, buildings, or lands so purchased as aforesaid stood settled or limited, or such of them as at the time of making such purchase and conveyance shall be existing undetermined and capable of taking effect ; and in the mean time and until such purchase shall be made the said money shall, by order of the said court of Chancery of England or Ireland, upon application thereto, be invested by the accountant-general in his name in some one of the public funds of England or Ireland, and the dividends and annual produce thereof shall from time to time be paid, by order of the said court, to the person or persons who would have been entitled to the rents, issues, and profits of the said messuages, buildings, or lands, in case no purchase and conveyance thereof had been made under the provisions of this act." Stat. 7 Geo. 4, c. 72. [Ir.] The following acts and parts of acts re- pealed, viz. : 6 Geo. 1, c. 5, 88. 4, 7, CLXVII. Stat. 7 Georgii 4, c. 72(1). [Ireland.] A.D. 1826. "An Act to consolidate and amend the Laws which regulate the Levy and Applica- tion of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland." " Whereas it is expedient that the provisions of several acts in force in Ireland, relating to church rates and parish cesses, and to the election of churchwardens and the maintenance of parish clerks, should be repealed, and that more effectual regulations should be made for those purposes; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act, the several acts hereinafter mentioned, or so much of them as is hereafter specified and set forth, shall be repealed ; (that is to say,) so much of an act made in the parliament of Ireland in the sixth year of the reign of King George the First, intituled, i An Act for exempting the Protestant Dissenters of this Kingdom from certain Penalties to which they are now subject,' as relates to or concerns the (1) The enactments of this statute as to Stat. 3 &4 Gul. 4, c. 37, s. (>5. Vide etiam vestry assessments, have been repealed by Stat. 10 Geo. 4, c. 7, s. 13. STATUTA GEORGII IV. A.D. 1820—1830. 1325 offi t of churchwarden or deputy churchwarden ; so much of an act made in the Stat. 7 Geo. parliament of Ireland in the twelfth year of the reign of the said King George the 4> c- 72- [Ir-] First, intituled, 4 An Act for the more effectual erecting and better regulating of 12 Geo. l,c. 9, Free Schools, and for rebuilding and repairing of Churches,' as relates to the more s> 8' speedy and effectual levying such money as shall be agreed upon, assessed, and ordered at vestries for building and repairing of churches ; and also so much of an act, made in the parliament of Ireland in the third year of the reign of King George 3 Geo. 2, c. 11, the Second, intituled, 'An Act for better keeping Churches in repair,' as relates ss- 3' 4' 5> to the collecting, applotting, and accounting for parish cesses made and agreed upon in vestry for the repair of parish churches, chapels, and other necessary charges relating to such churches and chapels, or to any appeal by any churchwarden in respect of the accounting for such cesses ; and also so much of an act made in the parliament of Ireland in the twenty-first year of the reign of King George the 21 Geo. 2,c. 8, Second, intituled, 'An Act for disappropriating Benefices belonging to Deans, S- 9? Archdeacons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their stead ; and also for the Removal of the Sites of ruined Cathedral Churches,' as relates to the putting and keeping in repair of any paro- chial church made cathedral and parochial under the said recited act, except only in cases where any permanent agreement shall have been made at any time before the passing of this act, by and between the dean and chapter of such church, testi- fied under their common seals, and by the protestant inhabitants of the parish or union in which such church is situate, ascertaining the proportions in which such deans and chapters and inhabitants shall respectively contribute to the putting in repair such cathedral and parochial churches ; and also so much of an act made in the parliament of Ireland, in the twenty-third year of the reign of King George the 23Geo.2,c.l2, Second, intituled, * An Act for amending, continuing, and making more effectual the several Acts now in force in this Kingdom for the more easy Recovery of Tithes and other Ecclesiastical Dues of small Value, and also for the more easy providing a Maintenance for Parish Clerks,' as relates to the maintenance of parish clerks ; and also so much of an act made in the parliament of Ireland in the thirty- 33 Geo. 2,c.ll, third year of King George the Second (for reviving and amending part of the said ss- 1» 3> last recited act of the twenty-third year of the said king's reign) as relates to parish clerks ; and also so much of an act made in the parliament of Ireland in the eleventh 1 1 & 1 2 Geo. and twelfth years of the reign of King George the Third, intituled, 'An Act for 3> c- 16, s. 17, erecting Parochial Chapels of Ease in Parishes of large Extent, and making such Chapels, and those that are already erected, perpetual Cures ; and for making a proper Provision for the Maintenance of perpetual Curates to officiate in the same ; and also in like manner for making appropriate Parishes perpetual Cures,' whereby it is enacted, that occupiers of land within every parish shall, as to every cess or tax for the repairing of any church or chapel, or for other necessary charges belonging to such church or chapel, be and be construed to be inhabitants within every such parish, whether such parish be a parish of itself or be united to any other parish by episcopal union or otherwise, or whether such occupiers do or do not reside or dwell within such parish ; and also so much of an act made in the parliament of Ireland in the twenty-first and twenty-second years of the reign of 21 & 22 Geo. King George the Third, intituled, 'An Act to oblige Churchwardens to account 3,c.52,ss.l,3, pursuant to an Act for the better keeping Churches in repair ; and to make the Cathedral Church of Ferns the Parish Church of the Parish of Ferns,' as relates to obliging of churchwardens to account ; and also so much of an act made in the parliament of Ireland in the twenty-third and twenty-fourth years of the reign of 23 & 24 Geo. King George the Third, intituled, 'An Act for making appropriate Parishes 3, c. 49, s. 10, belonging to Archbishops and Bishops perpetual Cures, and the better to enable such Archbishops and Bishops to endow and augment the Endowments of Vicar- ages and Curacies to them respectively appropriate ; and to render more effectual the several Acts now in force, to enabie the Clergy, having Cure of Souls, to reside upon their respective Benefices, and to build on their respective Glebe Lands,' whereby it is enacted, that every person who shall be duly elected or nominated a churchwarden of any parish, union, or chapelry, shall, after expiration of the term 1326 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [Ir.] 25Geo.3,c.58, 29Geo.3,c.27, ss. I, 2, 54Geo.3,c.68, s. 7, 4 Geo. 4,c. 86, ss. 1, 2, 3, 6Geo.4,c.l30. At vestries called for re- pairing, &c. of church, pro- viding requi- sites for divine service, making rates, &c. no other matter shall be pro- ceeded on, nor Roman catho- lics be capable of voting. At vestries held for any otherpurposes, all parishioners may vote. No vestry shall be held without public notice. mentioned in the said act, be deemed and taken to be the legal churchwarden, although such churchwarden shall have neglected or refused to take the usual oath of office in manner prescribed by law, and that such election or nomination shall be entered in the vestry book of every parish, union, or chapelry, signed by the rector, vicar, curate, or any one of them, and three of the parishioners then present at the least, and that the act of vestry so signed shall be considered and received as conclusive evidence of such election or nomination, although the same shall not be signed by the said churchwardens or either of them ; and also the whole of an act made in the parliament of Ireland in the twenty-fifth year of the reign of King George the Third, intituled, * An Act for the better carrying into execution the several Laws for providing a Maintenance for Parish Clerks, and for other Pur- poses ;' and also so much of an act made in the parliament of Ireland in the twenty-ninth year of the reign of King George the Third, intituled, { An Act for the better providing for the Repairs of Churches and the Residence of the Clergy,' as relates to the repairs of churches ; and also so much of an act made in the par- liament of the United Kingdom in the fifty-fourth year of his late majesty's reign, intituled, * An Act for the better Regulation of Ecclesiastical Courts in Ireland, and for the more easy Recovery of Church Rates and Tithes,' as relates to the more easily and speedily recovering of church rates or parish cesses of limited amount unduly refused or withheld ; and also so much of an act made in the parliament of the United Kingdom in the fourth year of the reign of his present majesty, intituled, * An Act to amend the Laws for collecting Church Rates and Money advanced by the Trustees and Commissioners of the First-fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands, in Ireland,' as relates to any proceedings with respect to any church rates ; and also the whole of an act made in the last session of parliament, intituled, £ An Act to alter and amend the Law as to Church Rates in Ireland, and to regulate the same ;' and the said several hereinbefore recited acts, either in the whole or in part, as hereinbefore specified and set forth, and from and after the commencement of this act, shall be and the same are hereby repealed accordingly. " II. And be it further enacted, that whenever any vestry shall be called or holden in any parish, union, or chapelry in Ireland, respecting or relating to all or any of the following purposes, namely, the building, rebuilding, enlarging, or repairing of the church or chapel of any parish, union, or chapelry, the providing things necessary for the celebration of divine service therein, as required and autho- rized by any rubric or canon in force in England or Ireland, the election of the churchwardens or chapelwardens, the settling of the salary for maintenance of the parish clerk or sexton, or the clerk of any chapelry or chapel of ease, or the making any rate to defray the expenses of such building, rebuilding, enlarging, or repair- ing, or other necessary charges, or any of them, or respecting or relating to the letting or demising of any estate, or the disposal of the income of any estate, or any part thereof, belonging to or held in trust for the church or chapel or parish, no other matter shall be proceeded upon at such vestry, save and except the matters aforesaid, or some of them, for the purpose of which such vestry shall be held ; and that no inhabitant of such parish, being a Roman catholic, shall be capable of voting at such vestry holden for such purposes as aforesaid. "III. Provided always, and be it enacted, that in all cases whatever where any vestry shall be called or holden in any parish, union, or chapelry, for any pur- poses other than and save and except the several purposes and matters hereinbefore specially mentioned, it shall and may be lawful for every parishioner, of whatever religious persuasion he may be, who shall be chargeable to the church rates or cess in such parish, union, or chapelry, and not disabled by law, to vote at such vestry respecting every matter or business therein brought forward. " IV. And be it further enacted, that no vestry or meeting of inhabitants in vestry of or for any parish, chapelry, or union of parishes, shall be holden for any purpose whatever, save and except for the purpose of applotting such assessments as may be ordered by any grand jury to be levied on such parish, chapelry, or union, until public notice shall have been given of such vestry, and of the place and hou:* STATUTA GE0RG11 IV. A.D. 1820—1830. 1327 of holding the same, anil of the special purpose thereof, seven days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after divine service, and by affixing a copy of such notice on the principal door of such church or chapel, and on the door of some one meeting house for religious worship of the Presbyterian congregation, if any, within such parish, chapelry, or union ; and that no such vestry or meeting shall be holden for any purpose respecting which Roman catholics shall be capable of voting, until such notice shall have been given in manner aforesaid, and also by affixing another copy of such notice on the doors of some one Roman catholic chapel within such parish, chapelry, or union. " V. Provided always, and be it further enacted, that if it shall happen that there shall not be any parish church or chapel within any such parish or chapelry or union, or that there shall not be any church or chapel fit for the celebration of divine worship within such parish, chapelry, or union, the posting up of a notice of such vestry on some conspicuous public place in the market town wherein or nearest to the place wherein such vestry shall be intended to be held, and the deli- vering three true copies of such notice to three householders of such parish, cha- pelry, or union respectively, shall be deemed sufficient notice of every such vestry ; and the notices required and directed by this act ■ shall be good and sufficient notices of vestries required or authorized to be holden by law for any purpose whatsoever. " VI. And be it further enacted, that from and after the commencement of this act, no person professing the Roman catholic religion shall be compelled or com- pellable to fill or serve the office of churchwarden or chapelwarden of or in any parish, chapelry, or union in Ireland, either in person or by deputy ; anything in any act or acts in force in Ireland, or any law, custom, or usage, to the contrary in anywise notwithstanding. " VII. And for the more orderly conduct of vestries, be it further enacted, that in case the incumbent or curate, or minister acting as curate of any parish, union, or chapelry, shall be present at any vestry, it shall be lawful for such incumbent, curate, or minister to sit and act as chairman of such vestry ; and in case such incumbent, curate, or minister shall not be present at such vestry, then it shall be lawful for the inhabitants present and entitled to vote at such vestry, to elect and appoint any person to be chairman of such vestry, who shall be of the full age of twenty-one years, and entitled to vote at such vestry, and who shall for one year next immediately preceding the holding of such vestry have been assessed and charged with and shall have paid parish rates, and such person shall act as chair- man, and shall preside at such vestry accordingly ; and in cases of equality of votes upon any question arising at such vestry, the chairman shall, in addition to such vote as he ma}*- be entitled to give as incumbent, curate, minister, or inhabitant of such parish, union, or chapelry, have the casting vote ; and minutes of the pro- ceedings, resolutions, and acts of every such vestry shall be fairly and distinctly entered in the vestry book of the parish, or in a book to be provided for the pur- pose, at the expense of the parish, union, or chapelry, by the churchwarden or chapelwarden, and shall be signed by the incumbent, curate, minister, or other chairman, or by the churchwardens or chapel wardens or warden, and by such other inhabitants, present and qualified to vote at such vestry, as shall think fit to sign the same. "VIII. And be it further enacted, that as well the vestry book required to be kept by this act, as also all former vestry books, and other parish books, and all rates, assessments, and applotments, accounts, and vouchers of churchwardens and chapelwardens, and other parish officers, and all other deeds, writings, public papers or documents whatever, of or belonging or relating to any parish, union, or chapelry in Ireland, save and except such as relate to the composition for tithes, shall be from time to time deposited with and kept and preserved by the incum- bent of such parish, union, or chapelry, or in such place and manner, or by such person or persons, as such incumbent shall direct and appoint ; and if any person Stat. 7 Geo. 4,c. 72. [Ir.] Where there is no parish church, notices shall be posted in nearest market town, and copies de- livered to three householders. Roman catho- lics not com- pellable to serve the office of churchwar- den. Incumbent shall be chair- man of vestry, unless absent, in which case another chair- man may be chosen. Chairman to have casting vote. Minutes of vestry. Vestry books and other do- cuments to be preserved by the incumbent. 1328 STATUTA GE0RGI1 IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [In.] Penalty on destroying or detaining the same. Civil or crimi- nal proceed- ings may be instituted against parties so offending. Inhabitants of parishes who contribute to the repairs of churches, under 4 Geo. 4, c. 86, s. 7, may vote in the election of churchwar- dens, &c. Assessments may be made for coffins provided for poor people, on certificate of six inha- bitants. in whose hands or custody any such books, rates, assessments, applotments, accounts, and vouchers, deeds, writings, papers, or documents, shall be, shall wil- fully or negligently destroy, obliterate, or injure the same or any of them, or shall permit or suffer the same or any of them to be destroyed, obliterated, or injured, or after reasonable notice and demand shall refuse or neglect to deliver over the same to such person or persons as may be appointed to have the care or custody ot the same, or to receive the same, or shall refuse or neglect to deposit the same in suph place as shall by the order of any such incumbent be directed, every person so offending, and being lawfully convicted thereof, by confession or on the oath of one or more credible witness or witnesses, by and before two of his majesty's justices of the peace, upon complaint thereof to them made, shall for every such offence for- feit and pay such sum, not exceeding twenty pounds nor less than forty shillings, as shall by such justices be adjudged and determined, and the same shall be reco- vered and levied by warrant of such justices, in such manner and by such ways and means as costs in the cases hereafter mentioned are to be and may be recovered and levied by warrant, and applied to the use of the parish, union, or chapelry : provided always, that if any person shall unlawfully retain any such books, rates, assessments, applotments, accounts, vouchers, deeds, writings, papers, or documents, or shall refuse or neglect to deliver the same or any of them, to any person or per- sons authorized to receive the same as aforesaid, or shall obliterate, destroy, or injure the same or any of them, or shall permit or suffer the same to be obliterated, destroyed, or injured, every such offender may in every such case be proceeded against in any of his majesty's courts, civilly or criminally, in like manner as if this act had not been made. " IX. And be it further enacted, that in all cases where, under and by virtue of any of the provisions contained in the said act of the fourth year of his present majesty's reign, for amending the laws for collecting church rates and money advanced by the trustees and commissioners of the first-fruits of ecclesiastical bene- fices, and for the improvement of church lands in Ireland, any parish, union, or chapelry, or any district or portion thereof, can and may be lawfully assessed and rated to contribute for or towards the building, enlarging, or repairing of any church or chapel, or the providing necessary charges belonging to the same, it shall be lawful for the inhabitants of every such parish, union, or chapelry, or any district or portion thereof, (if otherwise duly qualified,) during such time and so long as they shall respectively be bound to contribute to such cesses and rates according to the provisions of the said recited act, and no longer, to vote at all vestries to be held for or in respect of the assessment and applotment of the sum or sums respectively to or in respect whereof such contribution is to be made, and also (if duly qualified) to vote in the election of the churchwardens and chapel- wardens, and in the settlement of the accounts of such churchwardens and chapelwardens, and also in the election of the other parish officers of the parishes respectively to the cesses and rates whereof they are or shall be so bound and liable to contribute respectively as aforesaid, as if they were respectively inhabitants of the same parishes respectively ; and such inhabitants shall also be eligible to the office of churchwarden or chapel warden in such parish, chapelry, or union, any- thing in the said recited act to the contrary notwithstanding : provided always, that nothing hereinbefore contained shall entitle any such inhabitant to vote at any vestry at which any such inhabitant is or may be by this present act ,or any other act expressly disqualified from voting. " X. And whereas doubts have been entertained whether any assessments can be lawfully made of any sums for providing coffins for the interment of poor per- sons dying in any parish, union, or chapelry in Ireland ; be it therefore enacted, that from and after the commencement of this act assessments may be lawfully made for such purposes : provided always, that no sum or sums shall be expended by any churchwarden or chapelwarden of any parish, union, or chapelry, for any such purposes, unless a certificate be first given to such churchwarden or chapel- warden, signed by six or more householders who are rated to and shall have paid the parish cess in such parish, union, or chapelry, of whom a justice of the peace STATUTA GEORGII IV. A.D. 1820—1830. 1329 (if any such be resident within the parish) shall be one, that in their opinion it is proper and necessary that such coffins shall be respectively so provided at the expense of such parish, union, or chapelry, and that the relatives of the deceased have not the means to defray the expense thereof. " XI. And be it further enacted, that every assessment of any sum or sums for or in respect of all or any of the matters in this present act mentioned, including salaries for parish officers, shall be made in Easter week : provided always, that if in any case such assessment shall not haye been made in Easter week, it shall be lawful for the bishop of the diocese in which such parish, chapelry, or union shall be situate, to appoint any other day and time for the making of any such assess- ment, to be signified and directed in writing by such bishop to the churchwardens or churchwarden of any parish, chapelry, or union ; and that any assessment of any sum or sums for or towards the repairs of churches or chapels, or providing all things necessary for the celebration of divine service therein, may be also made at all other times of the year when and as it shall be necessary ; and that no assess- ment shall be allowed at any vestry hereafter to be held, as for incidental expenses, or for contingencies generally, or for any purpose, matter or thing not specified in such assessment ; and that all and every the sums assessed and applotted shall be applied to the uses and purposes respectively in the respective assessments men- tioned, or by this act authorized or directed, and none other. " XII. And be it further enacted, that from and after the commencement of this act, no appeal shall be made to or received by any ecclesiastical judge against any rate or assessment or applotment made in any parish, union, or chapelry, or anything therein contained ; nor shall the same be drawn in question by or before any ecclesiastical jurisdiction ; nor shall any suit be commenced before any eccle- siastical judge, for the recovery of any sum so assessed or applotted at any vestry. "XIII. And be it further enacted, that whenever any assessment or tax shall have been made, agreed upon, and imposed at any vestry, for or in respect of any matters or things which may by this act, or any other act or acts of parliament now in force or hereafter to be made, be assessed upon any parish, chapelry, or union, the major part of the inhabitants present and qualified to vote at such ves- try, shall at such vestry appoint the churchwardens or chapel ward ens, or one of such churchwardens or chapelwardens, together with some other person or persons, or any two or more persons, not being churchwardens or chapelwardens, duly to applot the sums so assessed upon the inhabitants of any such parish, union, or chapelry, according to the respective values of their lands and tenements within such parish, union, or chapelry ; and that the churchwardens or chapelwardens of every such parish, chapelry, or union, shall afterwards give public notice of the same, by causing a true and correct copy of such rate or assessment, containing the names of such applotters, signed by the incumbent or curate, or minister acting as such, or other person who presided at such vestry, or by the churchwardens or chapelwardens, or one of them, to be posted and affixed, writhin three days next after the making of such rate or assessment (excluding the day of the making thereof) on the outer door of every church or chapel in such parish, chapelry, or union, and on the door of some one Roman catholic chapel and presbyterian meet- ing house, if any, within the same ; and if there be no church or chapel within such parish, chapelry, or union, or no church or chapel fit for the celebration of divine service, then on some conspicuous place in the market town wherein or nearest whereto such last-mentioned vestry shall have been holden, and by deliver- ing three true copies of the same, signed as aforesaid, to three householders of such parish, chapelry, or union respectively. " XIV. And be it further enacted, that it shall and may be lawful to and for any inhabitant or inhabitants of any such parish, chapelry, or union, liable to the payment of any parish cesses, (of whatever religious persuasion any such inha- bitant or inhabitants may be,) within fourteen days next after the expiration of the said three days by this act allowed for the posting of the copy of such rate or assessment as aforesaid, and exclusive of such three days, to appeal to the justices of the peace at the first general or quarter -sessions of the peace or adjournment 4 Q, Stat. 7 Geo. 4, c. 72. [Ir.] Assessments shall be made in Easter week ; if not then, at a time to be appointed by the bishop. Assessments for repair of churches to be made when necessary. No assessment for incidents, &c. not speci- fied. No appeal against rates to ecclesiastical jurisdictions. Vestry shall appoint churchwardens or others, to applot assess- ments. Notices of assessments. Inhabitants liable to pay- meat of parish cess, may appeal against assessment to justices at ses- sions, giving 1330 STATUTA GEORG1I IV. A.D. 1820—1830. Stat. 7 Geo. ' 4, c. 72. [In.] notice to incumbent or churchwarden, and three householders. Applotment shall be made within fifteen days after time allowed for appeal, or after deter- mination thereon ; and delivered to the incum- bent, who shall call a vestry within ten days. At which vestry applot- ment shall be confirmed, being first amended, if requisite. Applotment shall be signed and certified by incumbent, and two transcripts made and delivered to churchwar- dens; and original pre- served. Appeal against applotment. thereof, which shall be holden next after the end and expiration of the said term of fourteen days, for the county, county of a city, town, or place wherein the said vestry was held, against any such rate or assessment generally, or on account of the illegality or excess of any item or charge, salary or allowance therein men- tioned : provided always, that all and every persons and person so appealing shall first give notice in writing, signed with the names and in the handwriting of all and every the persons or person so appealing, to the incumbent or curate, or to both or one of the churchwardens or chapelwardens, and three householders of such parish, chapelry, or union, of their or his intention so to appeal. " XV. And be it further enacted, that within fifteen days next after the end and expiration of the period of fourteen days hereby allowed for appealing against any such rate or assessment as aforesaid, or next after the making of any order or determination upon such appeal, if the same shall be made, (as the case may be,) and exclusive of the day whereon such order or determination shall be so made, or the last day of such term of fourteen days, the churchwardens or chapelwardens, or other persons appointed according to this act to applot such rate or assessment, shall proceed impartially and fairly to applot, upon the inhabitants of every such parish, chapelry, or union, the sum and sums contained in and imposed by such rate or assessment ; and such applotters shall, on or before the day next after the end and expiration of such term of fifteen days, deliver or cause to be delivered such applotment, signed by such applotters or the major part of them, to the incumbent or curate, or minister acting as such, or to some one of the churchwar- dens or chapelwardens of such parish, chapelry, or union, not being an applotter as aforesaid; and the person so receiving such applotment shall write and indorse thereon the day of the week, month, and year on which he shall so receive the same, and shall on the Sunday next following his receipt thereof cause due notice to be given of the holding a vestry in such parish, chapelry, or union, within ten days then next following, for the purpose of taking such applotment into consider- ation, and at such vestry such applotment shall be in the first place laid before such vestry by the incumbent or curate or other person presiding at such vestry ; and it shall and may be lawful for any inhabitant then present, and entitled to vote at such vestry, to make any objection or objections to or on account of any charge, item, matter, or thing contained in such applotment, or omitted therefrom, and which ought to have been contained therein ; and it shall be lawful for the major part of the inhabitants present and qualified to vote at such vestry, and they are hereby authorized and empowered, on hearing all parties who shall object as aforesaid, to make such alterations, changes, corrections, and amendments in and of the said applotment or any part or item thereof, and to supply any defects and omissions therefrom, in such manner as to them shall seem just and reasonable, and then finally to confirm, ascertain, and settle such applotment ; and thereupon the incumbent or curate, or other person presiding at such vestry, shall in the said vestry sign his name at the foot of such applotment when so confirmed, and shall certify that such applotment was confirmed at such vestry ; and two several tran- scripts shall be made of such applotment, namely, one for each churchwarden or chapelwarden of such parish, union, or chapelry ; and the original assessment and applotment shall in all cases be safely kept among the papers and documents of such parish, union, or chapelry. " XVI. And be it further enacted, that if any person shall feel himself or her- self aggrieved by or dissatisfied with the sum applotted upon any lands or tene- ments, as compared with the sum or sums applotted upon any other lands or tene- ments in the same parish, under any applotment to be made by virtue of this act, it shall be lawful for such person so feeling himself or herself aggrieved, at any time before the expiration of ten days next immediately after and exclusive of the day of the confirmation of such applotment, to appeal to the justices of the peace at the then next general sessions of the peace, or any adjournment thereof, for the county or place within which the vestry shall have been held at which such applotment was confirmed, which shall be holden after the end and expiration of such ten days : provided always, that every person so appealing shall first give STATUTA GEORGII IV. A.D. 1820—1830. 1331 notice in writing, signed with the names and in the handwriting of all and every Stat. 7 Geo. persons so appealing, to the incumbent or curate, or to both or one of the church- 4, c. 72. [Ir.] wardens or chapelwardens, and three householders of such parish, chapelry, or union, of their or his intention so to appeal. "XVII. And be it further enacted, that every appeal against any such assess- Mode of hear- ment or applotment respectively shall be made in writing, signed with the names inS a.n(^ de" and in the handwriting of all and every the person or persons appealing, setting pea^^galnst" forth the grounds of every such appeal, and shall be delivered within the said term assessments of fourteen days or ten days respectively, as the case may be, to some one justice ot and applot- the peace for such county, county of a city, town, or place ; and a copy thereof ments- shall also be delivered within the said term of fourteen days or ten days respec- tively to the incumbent or curate, or to one of the churchwardens or chapel- wardens of such parish, chapelry, or union ; and the person or persons so appealing shall, on the day of his or their lodging such appeal as aforesaid, enter into a recognizance in the sum of one hundred pounds, before such justice, or any other justice of the peace for such county, county of a city, town, or place, with two sufficient sureties, or without sureties if such justice of the peace shall in his dis- cretion think fit to accept the sole recognizance of the person or persons so appeal- ing ; and every such recognizance shall be conditioned to prosecute such appeal, and to abide or submit to such order as may be made thereon, and to pay such costs as shall be awarded by the justices at such general or quarter sessions of the peace, or adjournment thereof ; and the justices at the said next sessions of the peace, (of whom, if such session shall be holden for the county of Dublin, the chairman of the said sessions, or barrister acting as his deputy or substitute for the time being, shall be one ; or if such sessions shall be holden for the county of the city of Dublin, the recorder of the city of Dublin, or barrister acting as his deputy or substitute for the time being, shall be one ; or if such sessions shall be holden for any other county, the assistant barrister for the time being for such county, or barrister acting as such, shall be one ; or if such session shall be holden for any county of a city or county of a town the recorder or person acting as such shall be one,) shall, upon due proof of such notice of appeal having been given as afore- said, and of the entering into such recognizance as aforesaid, hear and finally determine the cause and matter of every such appeal, by the oaths of witnesses or otherwise in a summary way, and shall award such costs either to the party or parties appealing, or to the churchwardens or chapelwardens of such parish, chapelry, or union, as such justices at such sessions shall think proper : and it shall be lawful for such justices at such sessions, where the appeal shall be against the rate or assessment, to strike out or correct any item or charge, salary, or allowance, against which complaint has been made ; and where such appeal shall be against the applotment, it shall be lawful for such justices to correct, alter, and amend such applotment, as to such justices at such sessions shall seem meet : provided Appeal not to always, that no appeal against any applotment shall in any way affect the assess- affect the ment with reference to which such applotment shall have been made. assessment. " XVIII. Provided also, and be it enacted, that no rate shall be quashed or No rate to be altered on account or in respect of any excess in the total amount of such rate, quashed for where the amount of such excess shall not in the whole exceed the proportion of excess ir" it doe: - . not exceed one farthing per acre. ^ per acre " XIX. And be it further enacted, that immediately after the end and expira- ^fter expira- tion of the term of ten days, in case no appeal shall, as aforesaid, be made against tion of time the said applotment, or otherwise within three days next after the making any for appeal order or determination of the justices at sessions, in case any appeal shall have ^^J1!^ been made against such applotment, as the case may be, (such three days to be in th^ee dayg exclusive of the day of making such order or determination on appeal, as the case after determi- may be,) the churchwardens or chapelwardens of the parish, union, or chapelry, nation of ap- for which such applotment shall be made, shall and they are hereby required, with J-ardens^haU all convenient speed, to proceed to levy, collect, and receive of and from the inha- proceed to bitants of every such parish, union, or chapelry, the several sums so on them collect the respectively charged and applotted. rates. 4 Q 2 1332 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [Ir.] Rates not ex- ceeding 207. may be reco- vered by civil bill: or by order of two justices. Upon neglect or refusal to pay after eight days from such order, the same may be levied by distress. " XX. And be it further enacted, that all and every rate and rates and sum and sums of money which shall be assessed on the inhabitants of any parish, union, or chapelry, according to the directions of this act, after the same shall have been respectively applotted, shall and may be levied and recovered from such inhabit- ants in manner and by the means hereafter mentioned ; that is to say, in case any inhabitant or inhabitants of any parish, union, or chapelry, shall refuse or neglect to pay any sum or sums of money, not exceeding twenty pounds, assessed and applotted under or by virtue of this act, after demand of payment thereof made by such churchwardens or chapelwardens, or one of them, or by any person or persons empowered by them or one of them, to demand the same, it shall and may be law- ful for such churchwardens or chapelwardens to recover such sum or sums of money by petition or English bill, usually called a civil bill, setting forth (without specifying any other cause of action) that the sum demanded by such civil bill is due to the plaintiffs therein as churchwardens or chapelwardens, as the case may be, * in the parish, union, or chapelry of by virtue of an applotment of a parish cess, confirmed on the day of in the ,' stating the name of the parish, union, or chapelry, and the day, month, and year, of confirming the applotment on which such proceedings shall be had. " XXI. And be it further enacted, that in case any churchwarden or chapel- warden shall think fit so to do, it shall be lawful, instead of proceeding by process of civil bill for nonpayment of any sum or sums assessed and applotted as afore- said, for any churchwarden or chapelwarden to prefer a complaint in writing, to the effect last aforesaid, to any one justice of the peace of the county, county of a city, town, or place wherein the person or persons so neglecting or refusing to pay any sum or sums so applotted shall reside ; and it shall be lawful for such justice of the peace, by warrant under his hand and seal, to summon and convene before himself and any other justice, or before any two or more justices of the peace for such county, county of a city, town, or place, the person or persons so complained of ; and such two or more justices of the peace, when met or assembled, shall exa- mine into the matter of such complaint on oath, (which oath the justices so met or assembled shall and are hereby empowered to administer,) and shall by order under the hands and seals of such two justices, or of the major part of such justices so met or assembled, direct the payment to such churchwarden or chapelwarden respectively of the sum and sums due and payable from the party complained against under such applotment, together with a sum certain as and for such rea- sonable costs and charges as to such justices shall seem meet ; and upon refusal or neglect of such party or parties to pay the sum or sums so by such justices directed to be paid, it shall and may be lawful for any one of the said justices or for any one justice of the peace for such county, county of a city, town, or place, by war- rant under his hand and seal, after the end and expiration of eight days, and not sooner, from the making of any such order as aforesaid, and exclusive of the day of making thereof, to empower the churchwardens or chapelwardens, or either of them, or any person named by them or either of them, and acting at their peril, to levy the money thereby ordered to be paid, together with the amount of such fur- ther costs, if any, incurred after the making of the said order, as such iustice may judge reasonable, by distress and sale of the cattle, goods, or chattels, within any part of such county, county of a city, town, or place, of the person or persons so complained against, his executors or administrators, rendering the overplus to him, her, or them, the necessary charges and expenses of distraining being thereout first deducted as directed by such justice ; and if sufficient distress cannot he found within such county, county of a city, town, or place, then on oath thereof made before any one or more justice or justices of the peace of any other county, county of a city, town or place or jurisdiction, in which any of the cattle, goods, or chat- tels of such person or persons shall be found, (which oath or oaths such justice or justices shall administer, and certify by indorsing in his or their handwriting his or their name or names on the warrant granted to make such distress,) the cattle, goods, and chattels of such person or persons so refusing or neglecting to pay as aforesaid, shall be subject and liable to such distress and sale in such other county, STATUTA GEORGII IV. A.D. 1820—1830. 1333 county of a city, town, or place, or jurisdiction, where the same may be found, and may by virtue of such warrant and certificate be distrained and sold in the same manner as if the same had been found within the county, county of a city, town, or place, wherein the person or persons may reside, who shall be so liable, and shall refuse to pay as aforesaid. " XXII. Provided always, and be it enacted, that whenever any rate or assess- ment or sum of money shall be due under any assessment or applotment made by the authority of this present act, from any corporation aggregate, ecclesiastical or civil, or public company, college, hall, guild, or fraternity, a demand of payment thereof from the treasurer, registrar, secretary, clerk, or agent, or person or persons acting as such, of such corporation, company, college, hall, guild, or fraternity, shall be deemed and taken to be a sufficient demand thereof, within the true intent and meaning of this present act, to all intents and purposes ; and it shall and may be lawful for any churchwarden or chapelwarden, at his or their election, to have, use, and take all and every remedy and means, by action at common law or other- wise, for the recovery of any sum or sums applotted by virtue of this act, against any person or persons, or body or bodies politic or corporate, as such churchwar- dens or chapelwardens might lawfully do in case a specific remedy had not been given by this act, anything hereinbefore contained to the contrary in anywise notwithstanding ; and that all occupiers of lands or tenements within any parish, union, or chapelry, shall, as to any tax, rate, assessment, and applotment made by authority of this act, for or in respect of the building, rebuilding, repairing, or enlarging of churches or chapels, or for the providing all things necessary for the due celebration of divine service, and other necessary charges, or for the mainte- nance of parish clerks, and clerks of chapels of ease, and salaries of parish officers, or otherwise, be and be construed to be inhabitants of and within any such parish, union, or chapelry, whether such occupier or occupiers do or do not reside or dwell within the same. " XXIII. And be it further enacted, that whenever at any time after the com- mencement of this act the church or chapel of any parish, union, or chapelry shall be in want of repairs, or of any matters or things necessary for the due celebration of divine service therein, it shall be lawful for the archbishop or bishop of the diocese wherein such church or chapel shall be situate, or in case of the illness or absence from Ireland of such archbishop or bishop, or during the vacancy of the see, then for the vicar-general of such diocese, from time to time to direct and cause an estimate to be made of the amount of the sum required for such repairs or other purposes, and to signify his approbation of such estimate, by certifying such approbation at the foot of such estimate, and to transmit such estimate, with such certificate of approbation thereof, to the churchwardens or chapelwardens or warden of such parish, union, or chapelry, and to issue a monition, under the consistorial seal of such diocese, directed to and requiring the churchwardens or chapelwardens or warden of such parish, union, or chapelry, to cause a vestry to be summoned and to meet within a time to be therein specified, not being less than twenty days from the day of the date of such monition, for the purpose of making an assess- ment on the inhabitants of such parish, union, or chapelry, for raising the amount required by such estimate and certificate for the repairing such church or chapel, and providing things necessary as aforesaid for the due celebration of divine service therein, or for either of the said purposes, as the case may require, and for defray- ing the expense of such estimate, and the reasonable costs and charges attending the proceedings thereon ; and such monition shall be served on such churchwardens or chapelwardens or warden, by the delivery of true copies or a true copy of such monition, attested by the registrar of the said diocese or his deputy, or by the per- sons or person acting as such, to such churchwardens or chapelwardens, or one of them, or to some person above the age of sixteen years, at the place or places of abode of such churchwardens or chapelwardens, or one of them, within three days next after the date of such monition, and exclusive of the day of such date, and by at the same time shewing to such churchwardens or chapelwardens or other per- son, or one of them, such original monition under seal. Stat. 7 Geo. 4, c. 72. [Ir.] Demand against public officers of corporation sufficient. Churchwar- dens may pro- ceed for rate by action, &c. Occupiers of lands deemed inhabitants of parishes. Whenever any church or cha- pel shall be in want of repairs, &c. an esti- mate of the amount shall be prepared and certified, and a monition issued to the churchwardens to summon a vestry for making a rate for that pur- pose. 1334 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [In.] Churchwar- den shall give notice of vestry accordingly. On failure of assessment by vestry, church- wardens shall make a rate, which shall be as valid as if madebyvestry. Churchwar- dens shall make applotment of such assess- ment, and de- liver it to the incumbent, who shall call a vestry to consider the same. Such applot- ments liable to confirmation and appeal as other applot- ments made under this act. On neglect of vestry to con- firm applot- ment, the same shall be con- firmed by the churchwar- dens. " XXIV. And be it further enacted, that within seven days next after such service, such churchwardens or chapelwardens or warden shall cause notice to be given of a vestry to be held in such parish, union, or chapelry, for the purposes aforesaid, pursuant to the said monition, and within the time limited thereby for holding such vestry. " XXV. And he it further enacted, that if at any vestry so to be summoned, an assessment shall not be made on the inhabitants of such parish, union, or chapelry, for the purposes and to the amount mentioned in such monition, or if such vestry shall not meet and assemble, it shall be lawful for the church wardens or chapel- wardens or warden of such parish, union, or chapelry, and they are hereby autho- rized and required, immediately after the holding of every such vestry, if such vestry shall meet, or otherwise upon the day and place appointed for the holding of such vestry, by a writing or instrument signed by such churchwardens or chapelwardens, or one of them, dated on the day appointed for the holding such vestry, to make an assessment upon the inhabitants of such parish, union, or chapelry, of such sum or sums of money as shall be by the said monition stated to be necessary for the making of such repairs, and providing things necessary for the due celebration of divine service in the church or chapel thereof, or for either of the said purposes, as the case may require ; and such last-mentioned assessment shall be of the like force and effect, to all intents and purposes, as if the same had been made at any vestry summoned for that purpose. " XXVI. And be it further enacted, that such churchwardens or chapelwar- dens, or one of them, shall, within fifteen days next after the date and exclusive of the day of the date of such assessment to be made by them or him, or within fifteen days after the determination of any appeal against such assessment, applot the sum or sums so by him or them assessed fairly and impartially upon and among the inhabitants of such parish, union, or chapelry, and shall truly date, sign, and certify every such applotment, when made, to be just and fair, and shall, on the day next after the day of the date of such applotment, deliver the same so signed and certified, to the incumbent or curate or minister acting as curate of such parish, union, or chapelry ; and such incumbent or curate or minister shall indorse upon such applotment the time of his receipt thereof, and shall on the then next following Sunday cause notice to be given of a vestry to be held in and for such parish, union, or chapelry, within ten days then next ensuing, in order to take such applotments into consideration ; and at such vestry so to be holden, such and the same acts and proceedings shall and may be had, done, and taken, and such objections made to such applotment, and such and the same powers shall and ma3r be used and exercised by the inhabitants of the parish, union, or chapelry, in such vestry assembled, in relation thereto, as are and is hereinbefore granted, given, provided, and enacted of and concerning the acts and proceedings to be had, done, and taken in vestries to be held for taking into consideration applotments made of cesses imposed by inhabitants in vestry, and the adjustment, settlement, ascertain- ment, and confirmation thereof ; and such appeals may lawfully be entered, and made against any applotment of sums assessed by any churchwardens or chapel- wardens so confirmed as aforesaid in such vestry, and under and subject to such and the same rules, regulations, conditions, restrictions, and provisoes, as are here- inbefore mentioned and provided and enacted of and concerning the applotment of sums assessed by the inhabitants in vestry assembled. " XXVII. And be it further enacted, that if the inhabitants assembled in any such vestry holden for taking into consideration the applotment of sums assessed by any churchwardens or chapelwardens, or the major part of such inhabitants, shall refuse to take such applotment into consideration, or shall neglect or omit at such vestry finally to settle, ascertain, and confirm the same, or if such vestry shall not be holden pursuant to such appointment, the applotment so made by any such churchwarden or chapel warden as aforesaid shall, upon the day appointed for the holding of such vestry, be signed, settled, ascertained, and confirmed, and certified as being so confirmed, by such churchwardens or chapelwardens respectively, and shall be deemed, construed, and taken, to all intents and purposes, as absolutely STATUTA GE0RG1I IV. A.D. 1820-1830. 1335 settled, ascertained, and confirmed, without any other or further confirmation, by the inhabitants in vestry, or other signature to or certificate thereof. " XXVIII. Provided always, and be it enacted, that it shall be lawful for any person or persons, being an inhabitant of such parish, union, or chapelry, and liable to the payment of any sum under such applotment, to appeal against such applot- ment within ten days next after and exclusive of the day of the confirmation of the same by such churchwarden or chapelwarden, to the justices of the peace at the next general or quarter sessions of the peace in and for the county, county of a city, town, or place, within which such parish, union, or chapelry, shall be situate, under the like conditions, limitations, and restrictions, and in like manner and form in every particular, and on performing all and every the matters and things by this act required to be done and fulfilled by any person or persons appealing against any applotment confirmed in vestry ; and immediately from and after the end and expiration of such ten days, or immediately from and after the day of the making of the order and determination of the justices on any such appeal, as the case may be, such churchwarden or chapelwardens or warden shall pro- ceed to collect and levy the sums mentioned in every such applotment made by them or him, in such manner, and by such and the same ways and means in every particular, as by this act are directed and provided of and concerning applotments of sums assessed by the inhabitants in vestry, and shall apply all such sums, when levied and collected, to the purposes specified and required in and by the monition under and by virtue of which such assessment and the applotment thereof shall have been made pursuant to this act. " XXIX. And be it further enacted, that all and every the rules, regulations, provisoes, powers, and conditions in and by this act made, granted, and enacted, of and concerning applotments to be settled, ascertained, and confirmed by the inha- bitants of any parish, union, or chapelry in vestry, and concerning appeals there- from, and the collection and levying of the sums thereby applotted, shall be and the same are hereby applied to, of and concerning and in respect of all applotments to be made and confirmed by such churchwardens or chapelwardens or warden, and the appealing therefrom, and the collecting of all or any of the sums thereby applotted ; save and except only so far as by this act is otherwise specially enacted and provided. " XXX. And be it further enacted, that every churchwarden and chapelwarden of every parish, union, or chapelry, whether he shall have served the office in per- son or by deputy, shall at the vestry which shall be holden in and for such parish, union, or chapelry, for the election of his and their next and immediate successor or successors, churchwardens or chapelwardens, deliver or cause to be delivered in such vestry, to the incumbent or curate, or minister acting as such, or other person presiding at such vestry, a full, true, correct, and particular account of the receipts and disbursements of such churchwarden or chapelwarden, of every kind and description, for and on account of such parish, union, or chapelry, and specifying therein the arrears, if any, then remaining due in respect of any rates or assess- ments, and by whom by name each part of such arrears is due and owing ; and every such churchwarden or chapelwarden shall verify such account by oath, to be by him respectively taken in such vestry before the incumbent, curate, or minister acting as such, or other person presiding at such vestry as aforesaid, and which oath and oaths it shall be lawful for every such incumbent, curate, or minister acting as such, or other person so presiding, to administer, or otherwise by the affidavit of such churchwarden or chapelwarden respectively, to be then and there exhibited, sworn before any master in Chancery or master extraordinary in Chancery, or before any justice of the peace, or judge or surrogate of any eccle- siastical court of any diocese. "XXXI. And be it further enacted, that immediately after the other necessary business of such vestry shall be concluded, the incumbent or curate or minister, or other person presiding thereat, shall and he is hereby required to adjourn such vestry to a certain day, not later than thirty days nor sooner than twenty days afterwards, (or, if he shall so think fit, to the day on which the vestry shall be Stat. 7 Geo. 4, c. 72. [Ir.] Appeal against such applot- ment, after confirmation by the church- warden. All regulations as to applot- ments in vestry applied to applotments by church- wardens. Churchwar- dens shall account on oath at the vestry to be held for the choice of their successors. Adjourned vestry shall be held within thirty days, for examining and adjusting the 1336 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [In.] churchwar- dens' accounts. All applot- ments shall be evidence against the churchwarden to charge him with the amount. Credit not to be allowed for any sums not included in account, or not disbursed by authority. Accounts shall be open to inspection of inhabitants. On refusal to account, churchwardens shall be charged with all sums ap- plotted, &c. Churchwar- holden for the applotment of any assessment made in Easter week pursuant to this act,) to be then holden for the purpose of examining, vouching, and settling the accounts of such churchwardens or chapelwardens respectively ; and at such vestry so to be held by and pursuant to such adjournment, it shall be lawful for the inhabitants entitled to be present and vote at such vestry, and every of them, to examine and investigate such accounts respectively, and any vouchers to be pro- duced for the same and for every item thereof ; and the majority of the inhabitants of such parish, union, or chapelry, then and there present, shall finally adjust and settle such accounts, and strike the balance on the foot thereof. " XXXII. And be it further enacted, that as well on such examination and settlement of accounts, as on any settlement of the accounts of any churchwarden or chapel warden before justices of the peace at sessions in manner hereafter men- tioned, as also in any action or suit or civil bill to be brought against any such churchwarden or chapelwarden who ought to account as aforesaid, the applotment of every such parish rate or assessment confirmed as is provided by this act, or an authentic copy thereof attested by the incumbent or curate, or minister acting as such, shall be sufficient evidence, prima facie, to charge such churchwardens or chapelwardens respectively with the whole and full amount of the sum and sums thereby appearing to be applotted. " XXXIII. And be it further enacted, that no churchwarden or chapelwarden shall be at any time allowed in his account, or get credit for any sum or sums of money expended by him, unless he shall specify the same in an account so to be delivered in at the vestry held for the election of his successors as aforesaid, nor for any sum which shall not appear to have been expended under the authority of this act, or some other act or acts of parliament, or by the authority of some vestry held for such parish, union, or chapelry, under the authority of this present act ; and all such accounts shall be at all reasonable times and hours open to the inspec- tion and to be copied in the whole or in part by any inhabitant or inhabitants assessed or liable to be assessed as aforesaid. "XXXIV. And be it further enacted, that if any churchwarden or chapel- warden shall refuse or omit to deliver, or cause to be delivered, such their accounts respectively, in such vestry held for the election of the next succeeding church- wardens or chapelwardens, verified as aforesaid, or if it shall appear to such vestry that any such churchwarden or chapelwarden whose accounts are so exhibited shall have refused or wilfully neglected to collect or cause to be collected any parish rate, sum, or cess, assessed and applotted as in this present act mentioned and directed, or any part thereof, it shall and may be lawful for the major part of the inhabitants present at the vestry so to be held by adjournment for the exami- nation of such accounts, and they are hereby authorized and required, to charge any such churchwarden or chapelwarden respectively with the full amount of the sums applotted by any such applotment, or with so much and such part thereof as ought to have been and shall not have been received as aforesaid by any such churchwarden or chapelwarden respectively, and to charge any such churchwarden or chapelwarden with such sum, as balance, as shall appear to such vestry to be due and owing, by such churchwarden or chapelwarden respectively, to such parish, union, or chapelry ; and in case it shall happen that any late church- wardens or chapelwardens or warden shall have been in any such account charged with and have paid any sum or sums as aforesaid not actually received, but which ought to have been received by them or him, and the same or any of them shall be afterwards paid to or received by any succeeding churchwardens or chapelwardens or warden, such sum or sums so afterwards paid in and received shall be duly accounted for and be paid to such late churchwardens or chapelwardens or warden, their or his executors or administrators, by such succeeding churchwarden or chapelwarden who shall have received the same, subject nevertheless to such credits by way of set-off or otherwise as may lawfully be made in account against such late churchwarden or chapelwarden respectively by such successor or succes- sors as aforesaid. " XXXV. And be it further enacted, that if any such late churchwarden or STATUTA GEORGII IV. A.D. 1820—1830. 1337 chapelwarden accounting, or refusing or neglecting to account, shall think himself aggrieved by any act or determination of the major part of the inhabitants assem- bled at such adjourned vestry, in respect of the charging such churchwarden or chapelwarden with any such balance or sum of money, it shall and may be lawful for any such late churchwarden or chapelwarden respectively, jointly or severally, within fourteen days next after and exclusive of the day of holding such adjourned vestry, to appeal against such act or determination to the justices at the first gene- ral or quarter sessions of the peace, or any adjournment thereof, to be holden next after the end or expiration of such term of fourteen days for the county, county of a city, town, or place, wherein such adjourned vestry was so holden : provided always, that every such late churchwarden, so appealing, shall give notice in writing to the succeeding churchwardens or chapelwardens, or one of them, or to the incumbent or curate of such parish, union, or chapelry, of such intention so to appeal, and shall within the said term of fourteen days deliver to some justice of the peace of the said county or county of a city, town, or place, his or their appeal in writing, and on the day of delivering such appeal shall enter into recognizance with two sufficient sureties before such justice, or some other justice of the peace for the said county, county of a city, town, or place, in double the amount of the balance cr sum so as aforesaid at the said adjourned vestry charged against the party so appealing, conditioned to prosecute such appeal, and to abide and submit to the order or determination of the justices at such sessions, and to pay to the succeeding churchwardens or chapelwardens of such parish, union, or chapelry, such sum or sums of money and such costs as may by the order or determination of such justices be adjudged and awarded to be paid by such appellant or appellants ; and the justices at such first or next sessions of the peace or adjournment thereof, (of whom the chairman of the sessions for the county of Dublin, the recorder of the city of Dublin or other county of a city or county of a town, the assistant bar- rister or barristers for any county, or the barrister acting for and in the place of such chairman, recorder, or assistant barrister, according to the place of holding the said sessions of the peace as aforesaid, shall always be one,) upon due proof that such notice of appealing was given, and recognizance was entered into as required by this act, shall hear and determine the matter of such appeal ; and it shall be lawful for such justices to examine the late and then present churchwardens or chapelwardens respectively, or any of them, or any witness or witnesses, on oath, and to take and audit the accounts of any such late churchwarden or chapelwarden, and to strike and ascertain the balance thereof, after all just charges and credits, and to give such order and direction in respect of the payment and discharge of such balance, by instalments or otherwise, as to such justices shall seem fit, and to award costs to or against the person or persons so appealing, or to or against the then present church- wardens or chapelwardens of the said parish, union, or chapelry, as such justices shall think fit. " XXXVI. And be it further enacted, that immediately from and after the expiration of such period of fourteen days so allowed for such appeal of such late churchwardens or chapelwardens, or from and after the making of the order or determination on such appeal, as the case may be, (the last of the said fourteen days, and the day of making such order or determination being severally excluded,) every sum or balance due from any such late churchwarden or chapelwarden, shall be and be deemed and taken in law as a debt of such late churchwarden or chapelwarden respectively to the churchwardens or chapelwardens for the time being of every such parish, union, or chapelry, and may be sued for, levied, and recovered by the churchwardens or chapelwardens for the time being of such parish, union, or chapelry, (whether such churchwardens or chapelwardens shall or shall not be the immediate successor or successors of any such late churchwarden or chapelwarden,) by action of debt, or other proper action or suit, in any of his majesty's courts at Dublin, in which no essoign, wager of law, or protection, nor more than one imparlance, shall be allowed ; or if such balance or sum be under fifty pounds, the same may be recovered by civil bill, at the election of the church- wardens or chapelwardens respectively who shall sue for the same ; and it shall be Stat. 7 Geo. 4, c. 72. [Ik.] dens aggrieved by act of ves- try may appeal to the quarter sessions, who may ascertain the balance due. Notice of appeal. Balances may be recovered by succeeding churchwar- dens, after the expiration of time of appeal, or after the order of ses- sions. 1338 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 72. [Ir.] Any balance found due to churchwarden on his account, shall be a charge on the parish, and assessed accordingly. Costs, &c. awarded to be paid by any churchwarden shall be a charge on the parish; and shall be applotted on all the inha- bitants, except the persons entitled to receive the costs as ap- pellants, &c. Churchwarden not receiving any sums due to him on his accounting, may apply to Chancery, who may make a summary or- der, and enforce the same by at- tachment, &c. sufficient for the plaintiff or plaintiffs respectively to declare and set forth, that the defendant or defendants is or are indebted, to such plaintiffs or plaintiff, as church- wardens or chapelwardens or warden of such parish, union, or chapelry, in the sum of money or balance due by virtue of this present act, without otherwise or more specially setting forth the cause of action or suit. * XXXVII. And be it further enacted, that in case it shall happen that any balance or sum of money shall be ascertained and finally settled to be due and owing to any late churchwardens or chapelwardens or warden, from the inhabit- ants of any parish, union, or chapelry, either at any vestry holden pursuant to this act, or by any justices at sessions upon the hearing and determination of any appeal under this act, such balance shall be and become a charge under every such parish, union, or chapelry, and shall be added to the sum and sums to be contained and assessed in the next immediately following assessment which shall be made by the inhabitants or the major part of them present in vestry for defraying the charges of providing things necessary for the due celebration of divine service in the church or chapel of such union, parish, or chapelry, and shall be applotted together with any other sums so assessed, and shall be received and collected by the churchwar- dens or chapelwardens of such parish, union, or chapelry for the time being, and shall by them be paid to such late churchwardens or chapelwardens or warden respectively, or their respective executors or administrators. " XXXVTII. And be it further enacted, that all costs which shall or may be awarded to be paid to any person or persons so appealing, by any churchwarden or chapelwarden for the time being, and also the amount of all costs and expenses necessarily and properly incurred by any churchwarden or chapelwarden respec- tively for the time being, of any parish, union, or chapelry, in and about the defence, recovery, or support of any assessment or applotment as aforesaid, or relat- ing to any act or acts in vestry, and especially if so appealed against in the whole or in part, or in the defence of any suit, action, appeal, or proceeding which shall or may be instituted or brought against any such churchwardens or chapelwardens respectively, by reason or on account of any matter or thing by him or them to be done or committed in pursuance or by virtue or under the authority of this present act, or by or under the authority of the major part of the inhabitants of any such parish, union, or chapelry, at any vestry held under the provisions of this act, and all sums awarded and adjudged in such suits or actions to be paid as damages to the plaintiff or plaintiffs, when duly ascertained, shall be and become a charge on such parish, union, or chapelry, and shall be added to the amount of the sums con- tained and assessed in the next immediately following assessment which shall be made for defraying the charges of providing things necessary for the due celebra- tion of divine service in such church or chapel ; and shall be duly applotted and levied, together with the other sums contained in every such assessment, upon all the inhabitants of every such parish, union, or chapelry, except such inhabitants only as shall be entitled, as appellants or defendants, or otherwise to the receipt of the sums, or any part thereof, so to be charged, assessed, and applotted for such purposes ; and all such sums so to be levied shall be paid and applied or retained to the use of the person or persons respectively entitled to receive such costs, damages, or expenses respectively. "XXXIX. Provided always, and be it enacted, that where any churchwarden or chapelwarden, or person having served the office of churchwarden or chapel- warden of any parish, union, or chapelry, accounting or charged in account, shall, under the true intent and meaning of this present act, be entitled to the repayment or receipt of any sum or sums of money, and it shall in any case happen that such sum or sums shall not be duly assessed, applotted, and repaid to such churchwar- den, or chapelwarden, or person, according to the true intent and meaning of this act, it shall and may be lawful to and for every churchwarden or chapelwarden, or person as aforesaid, to apply to the high court of Chancery in Ireland, by peti- tion, for relief in that belialf; and such court shall and may, on the hearing of such petition in a summary way, make such order in the premises for the assessing and applotting such money, or for the repayment of any such sums of money, or any STATUTA GEORGII IV. A.D. 1820-1830. 1339 part thereof, by the churchwardens or chapel wardens or warden for the time being, or by any inhabitant or inhabitants of such parish, union, or chapelry, as shall be fit, and shall and may award costs to and against the petitioner or petitioners, and shall and may enforce the order and orders to be made on every such petition by process of attachment, sequestration, injunction, or otherwise, against such churchwardens or chapel wardens or warden, or inhabitant or inhabi- tants, as the case may require. "XL. And be it further enacted, that every assessment and applotment, and every act, order, or charge made in vestry, in any parish, union, or chapelry, and every assessment and applotment made by authority of this act pursuant to such monition as aforesaid, against which, in the whole or in part, any appeal is hereby permitted to be made, if not duly appealed from within the time or times hereby as aforesaid prescribed for making such appeals respectively, and every order and determination which shall be made by the justices of the peace at the sessions of the peace, or adjournment thereof, as hereinbefore mentioned, which shall be made on the hearing of any appeal pursuant to this act, shall, from and after the expira- tion and end of such respective times within which such respective appeals are hereby permitted to be made, or from and after the making of the respective orders or determinations on the hearing of such appeals respectively, as the case may be, be final, binding, and conclusive to all intents and purposes, in law and equity, and shall not at any time or times thereafter be impeached, questioned, or set aside, or varied by or in any court of law or equity, or in or before any other court, jurisdiction, or place whatever ; nor shall any such order or determination of the justices of the peace be removed or removable by writ of certiorari, or other process, to any of his majesty's courts. "XLI. And be it further enacted, that it shall be lawful for the justices at every such sessions of the peace or adjournment thereof as aforesaid, and they are hereby authorized and empowered, by their order or warrant, to levy any costs by them to be awarded or ordered, to be paid by any person or persons appealing in manner aforesaid, by distress and sale of his or their cattle, goods, and chat- tels, in case such person or persons shall, after demand made thereof, refuse, or neglect to pay the same to the churchwardens or chapelwardens respectively to whom the same shall have been so awarded ; or it shall and may be lawful for such churchwardens or chapelwardens or warden to sue for and recover from such person or persons the amount of the costs so awarded, by action at law, or, if not exceeding fifty pounds, by civil bill, at the election of such churchwardens or chapelwardens or warden. " XLII. And be it further enacted, that in all cases where, under and by virtue of the said act made in the parliament of Ireland in the twenty-first year of the reign of his late majesty King George the Second, intituled, 'An Act for dis- appropriating Benefices belonging to Deans, Archdeacons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their stead, and also for the Removal of the Sites of ruined Cathedral Churches,' any parochial church shall have been or shall be made cathedral and paroc hial ; and in all cases where, under and by virtue of an act made in the parliament of Ireland in the thirty-ninth year of the reign of his late majesty King George the Third, intituled, 'An Act for the repairing of Cathedral Churches, in Cases where the Parish Churches have been long in Ruins,' any cathedral church shall have been or shall be made use of as a parish church ; and it shall happen that no permanent agree- ment shall have been or shall be made by and between the dean and chapter or the chapter of such cathedral church, testified under their common seal, and the pro- tectant inhabitants of the parish or union in which such church is or shall be situate, ascertaining the proportions in which such deans and chapters, or chapters, and the inhabitants, shall respectively contribute to the putting and keeping in repair such cathedral and parochial churches, at all times thereafter when such repairs shall be required ; it shall be lawful for the archbishop or bishop of the diocese in which such churches are or shall be respectively situate, by any instru- ment under his archiepiscopal or episcopal seal, finally to adjust, settle, and Stat. 7 Geo. 4, c. 72. [Ir.] All ments, and the orders of vestry not appealed from, and all deter- minations on appeals, shall be final. Order of jus- tices not removable by certiorari. Costs of appeal may be levied against appel- lants by dis- tress under warrant of justices, or recovered by action or civil bill. Where any church has been made cathedral and parochial, &c. and no per- manent agree- ment exists as to proportion- ing the repairs, such propor- tion may be settled by the archbishop or bishop. 1340 STATUTA GEORGII IV. A.D. 1820— 1830. Stat. 7 Geo. 4, c. 72. [In.] Before applot- ment of any sums for re- pairs, the amount shall he estimated by the arch- bishop, &c. and the parish assessed as to their share. Sums to be paid by dean and chapter shall be a charge on their economy fund, or on the rents of the deaneries ; and on non- payment, the rents, &c. may be sequestered. Election or appointment of churchwardens shall be made annually at vestry on Eas- ter Monday or Tuesday, and an entry made thereof, &c. and the per- sons so elected, &e. shall be deemed church- wardens (un- less exempted ascertain' the proportions in which such deans and chapters, or chapters, and inha- bitants of parishes, shall so respectively contribute to the rebuilding, enlarging, putting and keeping in repair at all times thereafter of such cathedral and paro- chial churches ; and the sums necessary and sufficient for such purposes shall be from time to time apportioned and paid accordingly. "XLIII. And be it further enacted, that the amount of all and every sum and sums which shall from time to time be required to be raised, levied, and paid, for the purpose of rebuilding, enlarging, or putting and keeping in repair of every such church made cathedral and parochial, before any assessment thereof, or of any part or proportion thereof, shall be made on the inhabitants of any parish or union, shall be from time to time estimated, ascertained, and settled by such archbishop or bishop as aforesaid ; and thereupon such part and so much of such respective sums as ought, according to any such permanent agreement made or to be made as afore- said, or as shall be settled and ascertained by any such archbishop or bishop as aforesaid, to be borne and paid by the inhabitants of such parish or union, and no more, shall with all convenient speed be assessed on the inhabitants of such parish or union in vestry, according to the directions in this act in other cases of assess- ment ; and so much and such parts of the amount of such sum or sums as ought, according to such agreement, or according to the allowance or direction of such arch- bishop or bishop, to be paid and borne by such dean and chapter or chapters, shall be paid and borne by them accordingly, when and as soon as the applotment of such assessment on the inhabitants of such parish, union, or chapelry, of their propor- tion shall have been finally settled and confirmed as aforesaid, and shall be a charge on the economy fund of such dean and chapter, or chapter, or on the rents, issues, and profits of the respective deaneries, dignities, prebends, and canon- ries holden by the dean and the respective dignitaries, prebendaries, and canons, in right of any such deanery, dignity, prebend, or canonry, in case there shall not be any economy fund, or that such economy fund shall not be sufficient for the pur- pose; and in such case the whole of such sum or sums of money, or so much as shall he deficient, shall be paid by such deans, dignitaries, and prebendaries, and canons, out of the issues and profits of such their respective deaneries, dig- nities, prebends, and canonries, in and according to the proportions to be settled amongst themselves by such deans and chapter or chapters respectively ; and in case such proportion shall not be so settled, or in case the sum or sums which ought so to be paid by such deans and chapters, or chapters, shall not be paid to such person or persons as such archbishop or bishop shall by writing signed by him appoint within thirty days next after the confirmation of the applotment of such parochial assessment, it shall he lawful for any such archbishop or bishop to settle and ascertain such proportions as aforesaid, if necessary, and to enforce the payment of all and every sum so proportioned, either by such deans and chapters, or chapters, or by such archbishop or bishop, by sequestration of the rents, issues and profits of any and every such deanery, dignity, prebend, or canonry, as the case may require, until such payment shall be so made by such dean and chapter, or chapter as aforesaid, of the sum or sums which they shall be so liable to bear and pay, and of the costs of such sequestration. " XLIV. And be it further enacted, that a vestry shall be called and holden on the Monday or Tuesday in Easter week in every year, in every parish, union, and chapelry in Ireland, for the election or nomination or appointment of churchwar- dens or chapelwardens or warden, and that such election or nomination or appoint- ment shall be duly entered at such vestry in the vestry book of the parish, union, or chapelry ; and that every person who shall be so elected or nominated or appointed (and not being exempted or disqualified under the provisions of this act) shall be deemed and taken to be and is hereby declared to be a legal churchwarden or chapelwarden of such parish, union, or chapelry, to all intents and purposes, and shall be compelled and compellable (unless in cases excepted by this act) to take upon him such office, and to perform the duties of the said office in person or by deputy, according to the directions of this act ; and the entry of such election or nomination or appointment shall be signed by the incumbent or curate, or minister STATUTA GEORGII IV. A.D. 1820—1830. 1341 acting as such, or one of them, and three of the inhabitants at least, qualified to vote at such vestry, if so many inhabitants shall be present at such vestry, or otherwise by all the inhabitants present at such vestry ; and the said act of vestry so signed shall be considered and received as conclusive evidence of the election, nomination, or appointment of such churchwardens or chapelwardens, although the same shall not be signed by such churchwardens or chapelwardens or either of them. " XLV. And be it further enacted, that in case any churchwarden or chapel- warden of any parish, chapelry, or union shall die, or shall become insolvent, or shall be imprisoned for debt or other cause, or shall become fugitive from Ireland, then and in every such case it shall and may be lawful for the vestry duly assem- bled in such parish, chapelry, or union, after such notice as by this act is required, to elect a churchwarden or chapelwarden in the room of such churchwarden or chapelwarden so dying, becoming insolvent, imprisoned, or fugitive, and such new churchwarden or chapelwarden shall take the oath prescribed by this act, and shall be to all intents and pm*poses as fully churchwarden or chapelwarden as if he had been elected on the Easter Monday or Tuesday preceding. " XLVI.(l) And be it further enacted, that every person who at any time after the commencement of this act shall be elected or nominated or appointed to be churchwarden or chapelwarden, or to be deputy to any churchwarden or chapel- warden of any parish, union, or chapelry in Ireland, shall take and subscribe an oath of office, in the form and to the effect following; (that is to say,) " ' I, A. £., do swear, that I will truly, impartially, and faithfully execute the office of churchwarden or chapelwarden [or deputy churchwarden or chapelwar- den] within the parish [union or chapelry] of in respect of the parochial rates and assessments, and the collection and management of the same, and the other property and monies of the said parish [union and chapelry]. " ' So help me God.' "And such oath shall and may be taken, made, and subscribed by any such person either before the incumbent or curate of the parish, union, or chapelry, or before any ecclesiastical judge, and which oath such incumbent, curate, or judge is hereby respectively empowered to administer, and shall administer, without fee or reward, to any such churchwarden or chapelwarden, or deputy churchwarden or chapel- warden : provided nevertheless, that the said oath of office, or anything contained therein, shall not be construed to exempt any such churchwarden or chapelwarden or deputy from the fulfilment of any duty by law required to be performed by such churchwarden or chapelwarden, and not specified in such oath. " XLVLL Provided always, and be it enacted, that every preacher or teacher in holy orders, or pretended holy orders, being a minister, preacher, or teacher of a congregation, who shall have taken or shall take the oaths, and who shall have made and subscribed or who shall make and subscribe the declaration required to be taken, made, and subscribed by the said act made in the parliament of Ireland in the sixth year of King George the First, for exempting protestant dissenters from certain penalties, shall be thenceforth exempted and incapacitated from being chosen or appointed to bear, and shall be exempted from and incapable of bearing the office of churchwarden or chapelwarden. " XLVIII. And be it further enacted, that if any person (not being a preacher or teacher exempted or incapacitated by this act) who shall at any time be chosen or otherwise appointed to the office of churchwarden or chapelwarden in any parish, union, or chapelry, within four weeks next after his being so chosen or appointed shall state in writing signed with his name, to the minister of such parish, union, or chapelry, that he is desirous of executing the said office of churchwarden or chapelwarden by deputy, it shall and may be lawful for any such churchwarden or chapelwarden to nominate and appoint a good and sufficient person, who shall be approved by the incumbent or curate of such parish, union, or chapelry, to be his deputy churchwarden or chapelwarden ; and such deputy Stat. 7 Geo. 4, c. 72. [Ia.] or disqualified by this act). Churchwarden may be elected in the room of one deceased, &c. Churchwar- dens shall take oath of office hereinsetforth. Oath of office. Oath, &c. to be administered bv incumbent, Sec. Not to exempt churchwardens from duties not specified. Dissenting preachers ex- empted and incapacitated from serving office of churchwar- dens. Churchwar- dens may execute office by deputy, approved by the ordinary, &c. who shall take the oaths, &c. and for whom the principal shall be answerable. (1) Repealed, as to the oath, by Stat. 5 & 6 Gul. 4, c. 62, s. 9. 1342 STATUTA GEORGTT IV. A.D. 1820-1830. Stat. 7 Geo. 4, c. 72. [Ir. No person shall serve the office of church- warden for two successive years, if any other qualified person can be found. For providing for the main- tenance of parish clerks, assessments shall be made of certain an- nual sums. If assessment not made, certain lesser sums shall be chargeable on the parish. churchwarden or chapelwarden shall take and make and subscribe the oath required by this act accordingly : provided always, that every person who shall execute the office of a churchwarden or chapelwarden by deputy, shall be liable and answerable for all money which shall come to the hands of his deputy by reason of such office, and for the acts, neglects, and defaults of such deputy in respect of the collection and disposition of the parish cesses and rates, in such and the same manner, and as fully to all intents and purposes as if such office had been executed in person by such churchwarden or chapelwarden, and as if such monies and all sums assessed and applotted in vestry had come to the hands of such churchwarden or chapelwarden ; and every such churchwarden or chapelwarden shall account for the same accordingly. " XLIX. And be it further enacted, that it shall not be lawful for any vestry in Ireland to elect, nor for any ordinary, incumbent, or curate to appoint any person to fill the office of churchwarden or chapelwarden in and for any parish, union, or chapelry, for the year next and immediately succeeding the year in which such person shall have served for the whole period of one entire year the office of churchwarden or chapelwarden of the same parish, chapelry, or union, in person or by deputy, if it shall be made appear to the satisfaction of such vestry, ordinary, incumbent, or curate, that there is any other person liable to serve and duly qualified to exercise such office in such parish, union, or chapelry. " L. And be it further enacted, that in every parish, union, or chapelry (not being within the county of the city of Dublin, or the suburbs thereof) in which there shall be a church or chapel fit for the celebration of divine service according to the rites and ceremonies of the united church of England and Ireland, a vestry shall be held on the Monday or Tuesday in Easter week in every year, and at every such vestry a sum shall be assessed for the maintenance of the clerk of every such parish, union, or chapelry, and of every chapel of ease, in manner following ; that is to say, for the clerk of every such parish, chapelry, or union, in the church or chapel whereof there shall be divine service usually celebrated, not only on Sundays and festival days, but also on common week days, that is to say, on two such common days at least in the week, a sum not exceeding twenty pounds nor less than ten pounds, and in all other cases a sum not exceeding ten pounds nor less than five pounds ; and to and for the clerk of every chapel of ease in any parish or union in which there shall be a chapel of ease used and fit for the cele- bration of divine service as aforesaid, (except such chapel of ease be served only alternately, or in less frequent turns with the church of the parish or union wherein it is situate,) a sum not exceeding ten pounds nor less than five pounds, as and for the maintenance and maintenances of every such clerk respectively for the year then next ensuing, and in satisfaction and lieu of all other fees, dues, or allowances whatever, alleged or claimed to be payable to such parish clerk under any usage or custom ; and if such assessment be not so made on the Monday or Tuesday in Easter week as aforesaid, in any parish, union, or chapelry, every such parish, union, or chapelry shall be charged with the sums or maintenance follow- ing, as and for the support of any such clerk for the year in and for which such assessment ought to be made and shall have been omitted to be made ; that is to say, with the sum of ten pounds for the clerk of any such parish, chapelry, or union, in the church or chapel whereof divine service is usually celebrated in the church or chapel on Sundays, festivals and common days as aforesaid, and in all other cases with the sum of five pounds ; and for the clerk of every chapel of ease in which divine service shall be so performed (except in the case of such service in turns as aforesaid) with the sum of four pounds, in satisfaction and lieu of all dues, fees, and allowances as aforesaid, as and for the maintenance of such respective clerks for the year in and for which such respective assessments ought to be made ; and in cases where such assessments respectively shall be made, then the sums respectively to be assessed for the maintenances of such clerks respectively, or in cases where no assessment shall be made, then the said sums of ten pounds, five pounds, or four pounds respectively, as the case may be, shall be added to and shall be equally and fairly applotted amongst the other sums to be assessed by the inha- STATUTA GEORGII IV. A.D. 1820—1830. 1343 case of non- payment. bitants or the major part of them in vestry, for providing things necessary for the Stat. / Geo. due celebration of divine service in the church or chapel of any such parish, union, 4» c- '2. L1r-J or chapelry, on the inhabitants thereof for the same year ; and the churchwardens or chapelwardens or warden shall collect and cause to be collected all and every sum and sums applotted in manner herein provided of and concerning sums assessed by the inhabitants in vestry as aforesaid, and shall pay over the amount of such salaries, when collected, to such clerks respectively ; and in case the sum or Remedy for sums assessed for any such maintenance, or the sum or sums hereby payable in tne clerk> in default of assessment, shall not be paid to such clerk or clerks before the first day of June in any year, it shall be lawful to and for every such clerk to sue for and recover the sums respectively so hereby directed to be applotted and paid, by civil bill process against the churchwardens or chapelwardens respectively of every such parish, union, or chapelry ; and a certificate, signed by the incumbent or curate of such parish, union, or chapelry, stating that such clerk has performed the duties of his office, shall be sufficient evidence that he has so done, and that he is entitled to such sum or sums respectively ; and all and every the sum and sums which shall be so paid by such churchwardens or chapelwardens respectively to such clerks respectively, if the same shall not have been previously applotted as aforesaid, shall be added to the sums to be assessed by the next parochial assessment, f. r the providing of things necessary for the due celebration of divine service in the church or chapel thereof, and shall be applotted and collected therewith, and shall be repaid to or retained by such churchwarden or chapelwarden respectively. " LI. And be it further enacted, that overseers for the purpose of carrying into Overseers may execution an act made in the parliament of Ireland in the eleventh and twelfth be chosen years of the reign of his late majesty King George the Third, intituled, 'An Act Hmiu^ for the Relief of poor Infants who are or shall be deserted by their Parents,' or any act 11 & 12 act or acts for amending the same, may be chosen annually at any vestry holdenfor Geo. 3. any of the purposes of this act ; and such election shall be as valid and effectual as if such overseers were chosen at any vestry called pursuant to the directions of the said acts, anything in the said acts to the contrary in anywise notwithstanding. " LII. And be it further enacted, that in case any incumbent or curate, or any Penalty on minister acting as such, or any person elected or bound to preside at any vestry, or incumbents, any churchwarden or chapelwarden, or persons appointed by the authority of this ^^^m 'their0 present act to applot any sum or sums assessed by the authority of this present act, duty. ^n execu. upon the inhabitants of any parish, union, or chapelry, shall refuse or omit to take tion of this on him or them the office or duty to which he or they shall be so appointed, or act. shall refuse or omit to take the oath of office required by this act, or to give or publish any notice or notices by this act required to be by him or them given or published, in the manner and at the time or times respectively by this act directed or provided, or shall refuse or omit to sign or certify any act, instrument, matter, or thing, by this act directed to be signed or certified by him or them respectively, or if any churchwarden or chapelwarden, or person appointed to applot any parish rate or cess as by this act is directed, shall refuse or omit duly to applot the same in the manner by this act required, or if any churchwarden or chapelwarden shall refuse or omit to make any assessment for the purposes mentioned in any such monition to be issued as aforesaid, pursuant to the command and requisition thereof, or shall refuse or omit to ascertain, settle, confirm, or make any such applotment as aforesaid, in default of the inhabitants of any parish, union, or chapelry, every such incumbent or curate, or licensed minister acting as such, and every such church- warden or chapelwarden, or other person so offending, shall for every such offence forfeit the sum of twenty pounds, the one moiety thereof to such person as shall sue for the same by action of debt, bill, plaint, or information, in any of his majesty's four courts in Dublin, in which no essoign, wager of law, or protection, nor more than one imparlance, shall be allowed, and the other moiety thereof to be applied by the incumbent of every such parish, union, or chapelry, towards the building, rebuilding, enlarging, or repairing, of the church or chapel thereof. " LIII. And be it further enacted, that no notice, assessment, applotment, or Notices, as- confirmation thereof, nor any act of vestry, order, judgment, determination, warrant, sessments, 1344 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 Geo. 4, c. 72. [Ir.] orders, war- rants, &c. shall not be void for defect in form. Notice of action against jus- tices, mini- sters, church- wardens, &c. Limitation of action three months. General issue. Avowry. Double cost! 10 Car. 1. [Ir.] Limitation of actions on proceedings distress, sale, appeal, instrument, or recognizance, had, given, made, provided, or entered into, under the authority or in execution of this present act, shall be ren dered void, annulled, prejudiced, weakened, or set aside, in the whole or in part, for or by reason of any defect in form or any other cause, not being of substance ; and in case any distress or distresses shall be made and taken for any sum or sums of money to be levied by virtue of this present act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed trespassers, on account of any defect or want of form in the warrant of distress or any proceed- ings thereon ; nor shall the party or parties distraining be deemed a trespasser or trespassers ah initio, on account of any irregularity which shall be afterwards com- mitted by the party or parties distraining, but the person or persons complaining of any such irregularity shall and may recover full satisfaction for the special damage, (if any,) in any action for any such irregularity, if tender of sufficient amends shall not be made by or on behalf of the party distraining before such action be commenced. " LIV. And be it further enacted, that no action, suit, or proceeding, shall be commenced or prosecuted against any justice of the peace, or against any incumbent or curate, or licensed minister acting as such, or against any churchwarden or chapelwarden, or other person or persons, for or by reason of any act, matter, or thing, done in pursuance or execution of or authorized by this present act, until after the expiration of thirty days' notice given to him or them, nor after a sufficient satisfaction or tender of amends shall have been made to the party or parties aggrieved, nor after the expiration of three calendar months next after such act, matter, or thing done ; and every such action or suit shall be brought in the county, county of a city or town, where the cause of action shall have arisen, and not else- where ; and the defendant and defendants in any such action shall and may, at his election, plead specially, or shall or may plead the general issue, not guilty, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance of this act ; and if any replevin shall be brought for any cattle, goods, or chattels, seized or distrained by virtue of this act, it shall be lawful and sufficient for any person or persons who shall be defendant or defendants or avowant or avowants in any such replevin, to avow, plead, or make cognizance generally, that he or they took the same cattle, goods, or chattels, as a distress, by force of the statute in that case made and provided, without more particularly setting forth this act or the cause of making or detaining any such distress, or making any other more special plea, avowry, or cognizance ; and if it shall appear that the matter on which the cause of action arose was done, or that the distress replevied was made in pursuance of or by authority of this act, or that such action or suit shall have been brought before thirty days' notice thereof 'was given as aforesaid, or after a sufficient satisfaction made or tendered as aforesaid, or after the time limited as aforesaid for bringing the same, or shall be brought in any other county, county of a city or town, than as aforesaid, the jury shall find for the defendant or defendants, avowant or avowants ; and upon such verdict, or if the plaintiff or plaintiffs be nonsuited, or discontinue his, her, or their action, suit, or prosecution after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants, avowant or avowants, shall recover double costs, and have such remedy for the same as any defendant or defendants hath or have in other cases of costs given by law: provided always, that nothing herein contained shall be deemed, taken, or construed to deprive any such defendant or defendants, or avow- ant or avowants, of the benefit and protection of the act made in the parliament of Ireland in the tenth year of King Charles the First, intituled, * An Act for Ease in pleading against troublesome and contentious Suits prosecuted against Sheriffs, J ustices of the Peace, Mayors, Constables, and certain other Officers, for the lawful Execution of their Office,' or of any other act of parliament. " LV. And be it further enacted, that from and after the commencement of this act, no action, suit, civil bill process, complaint, distress, or proceeding shall be commenced, brought, exhibited, lodged, made, or taken for the recovery or STATUTA GEORGII IV. A.D. 1820—1830. 1345 collection of any sum or sums assessed or applotted on the inhabitants of any Stat.J Geo. parish, union, or chapelry, under the provisions of this act, unless such action, 4> c- 72- t1R-l suit, civil bill process, complaint, distress, or proceeding be commenced, brought, for recovery of exhibited, lodged, made, or taken within six years next after such sum or sums assessmen s- shall have become due and payable. " LVI. And be it further enacted, that this act may be amended, altered, or Amendment of repealed in this present session of parliament. act- "LVII. And be it further enacted, that this act shall take effect and shall Commence- commence from and immediately after the first day of January one thousand eight ment of act- hundred and twenty-seven." CLXVIII. Stat. 7 Georgii 4, c. 73. [Ireland.] A.D. 1826. "An Act to consolidate the Laws in force in Ireland for the Disappropriation of Benefices annexed to Dignities, and for the Appropriation of others in their stead, and for uniting Benefices with Dignities ; and to make further Pro- visions for the like Purposes." " Whereas it is desirable that certain provisions contained in several acts in force in Ireland, relating to the appropriation or disappropriation of benefices, and uniting benefices with dignities, should be consolidated and embodied together in one act ; and that certain powers should be given to the lord lieutenant or other chief governor or governors, and his majesty's privy council in Ireland, with respect to the disappropriation of rectories or parts of rectories, and the rectorial tithes thereof, belonging to deans, archdeacons, dignitaries, prebendaries, and canons of cathedral churches, and uniting them to their respective vicarages ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that from and after the passing of this act, so much and such parts of several acts, passed in the parliament of Ireland, shall be repealed, as are hereinafter mentioned ; that is to say, so much of an act passed in the parliament of Ireland, in the second year of the reign of King George the First, intituled, ' An Act for real Union and Division of Parishes,' as relates to the uniting or appropriating of any benefice or benefices to any dignity or prebend, or as relates to any dignitary or prebendary to whose dignity or prebend any benefice shall be united, or as relates to the disappropriation of any rectory by the owner or proprietor of any rectory appropriate, or as relates to the enrolment of any appropriations ; and also so much of an act made in the parliament of Ireland in the tenth year of the reign of the said King George the first, (for explaining and amending the said first-recited act, and for other purposes,) as relates to the uniting or appropriating of any benefice or benefices to any dignity or prebend, or to the consent of his majesty, his heirs and successors, to any such union ; and also so much of another act passed in the parliament of Ireland in the said tenth year of the reign of the said King George the First, intituled, 4 An Act for amending an Act, intituled, 'An Act for confirming the several Grants made by Her late Majesty of the First-fruits and Twentieth Parts, payable out of the Ecclesiastical Benefices in this Kingdom ; and also for giving the Archbishops and other ecclesi- astical Persons four years' time for the Payment of First-fruits, and for incor- porating the Trustees and Commissioners of the said First-fruits,' as relates to the payment of first-fruits by appropriated benefices; and also so much of an act passed in the parliament of Ireland in the twenty-first year of the reign of King George the Second, intituled, « An Act for disappropriating Benefices belonging to Deans, Archdeacons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their stead ; and also for the Removal of the Sites of ruined Cathedral Churches,' as relates to the disappropriation of benefices belonging to deans, archdeacons, dignitaries, and other members of cathedral churches, and the appropriation of others in their stead, and as relates to the con- sent of his majesty, his heirs and successors, to the making of any union, appro- 4 R Stat. 7 Geo. 4, c. 73. [Ir.] So much of recited acts as relates to the appropriation, &c. of benefices to dignities repealed, viz. 2Geo.l, (I.) c. 14, ss. 1, 2, 5, 6; 10 Geo. 1,(1.) c. 6, ss. 1, 3; 10 Geo. 1,(1.) c. 7, s. 4; 21 Geo. 2, (I.) c. 8, ss.l, 5,11. 1346 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 73. [Ir.] Where bene- fices appropri- ated to dean- eries, &c. are inconveniently situated, lord lieutenant, &c. with consent of the patron, may disappro- priate them and appropriate others : or may unite such benefices to other pa- rishes ; or erect them into separate benefices. General saving of rights. Lord lieute- nant and coun- cil, &c. may appropriate benefices with cure to digni- ties without cure, &c. General saving of rights. For determi- ning the right of presentation where there are distinct patrons of the benefi- ces, &c. united. priation, or disappropriation ; and so much and such parts as aforesaid of the said several acts respectively are hereby repealed accordingly. " II. And be it further enacted, that from and after the passing of this act, whenever it shall happen that any dean, archdeacon, dignitary, prebendary, or canon of any cathedral church in Ireland, shall have one or more benefice or bene- fices appropriated to any such deanery, archdeaconry, dignity, prebend, or canonry, situated at great distances from such deanery, archdeaconry, dignity, prebend, or canonry, or from each other, it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, with the assent of the major part of his majesty's privy council in Ireland, in council assembled, six at least assenting, and with the advice and approbation of the archbishop of the province and bishop of the diocese, certified under their hands and archiepiscopal or episcopal seals, and with the consent of the king's majesty, where he shall be patron, signified in such manner as hereinafter directed, and with the consent of all other patrons, and of all incumbents, certified under their hands and seals respec- tively, and attested by two or more credible witnesses, to disappropriate such bene- fice or benefices, and to disunite the same from such deanery, archdeaconry, dig- nity, prebend, or canonry, and to unite and appropriate to such deanery, archdea- conry, dignity, prebend, or canonry, any other parish or parishes, of a value at least equal to such disappropriated benefice or benefices, and which may be conti- guous or convenient to each other, or to such deanery, archdeaconry, dignity, prebend, or canonry, and afterwards to unite such disappropriated benefice or benefices to such other parish or parishes, or to unite such other parish or parishes to them, or any of them, as lie convenient for such an union, or to erect such disappropriated benefice or benefices into a separate and distinct benefice, or into separate and distinct benefices; saving always to all deans, deans and chapters, archdeacons, dignitaries, prebendaries, and canons, and all other incumbents, at the time of any such union, appropriation, or disappropriation, during their respective incumbencies, and to all patrons and ordinaries, all their respective rights, titles, and interests in and to such united or 'appropriated or disappropriated benefices, or to any of them ; and saving to any and every archbishop and bishop, register and schoolmaster, their respective dues payable out of such parish so united ; saving also to all tenants who have any lease or leases of any glebes or tithes belonging to any part of such union, or appropriation or disappropriation, all their rights and interests during their respective leases. " III. And be it further enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, with the assent, advice, approbation, and consent of his majesty's privy council, and of such persons and in such manner as is hereinbefore directed, to unite or appro- priate any benefice or benefices having actual cure of souls to a dignity or prebend without cure, or to unite and appropriate any benefice or benefices without cure of souls to a dignity or prebend having actual cure of souls annexed ; saving to every dean, dignitary, prebendary, and incumbent, at the time of such union or appropriation, during their respective incumbency, and to the respective patrons and ordinaries, all their right, title, and interest in and to such united or appro- priated benefices ; and saving also all rights to the dean and chapter of each cathe- dral church, and to the prebendary of the prebend to which any benefice with cure of souls, or without cure of souls, shall be united or appropriated. " IV. And be it further enacted, that where any of the deaneries, archdeaconries, dignities, prebends, canonries, parishes, or benefices, to be united or appropriated as aforesaid, shall have several and distinct patrons, and that the king's majesty, his heirs and successors, is, are, or shall be entitled to the presentation to any of them, in such case his majesty, his heirs and successors, shall immediately from and after such union, upon the then first vacancy, have the first presentation of an incum- bent unto such union, by the name by which it shall be called in the instrument erecting the same, and that the lord lieutenant or other chief governor or governors, and his majesty's privy council in Ireland, with the advice and approbation of the STATU T A GEORGII IV. A.D. 1820-1830. 1347 archbishop of the province and bishop of the diocese, certified in the manner afore- Stat. 1 Geo. said, shall divide and settle the patronage by turns afterwards amongst the several 4> c- 73. [Ik.] patrons, giving a right to each of them to present oftener or seldomer, according to the true yearly value of the respective parish or parishes whereof they are patrons, the consent of each patron being first had thereto, and entered in the instrument erecting such union, and that such settlement shall be final and binding to all patrons, whether ecclesiastical or lay patrons, and to all parties, for ever. " V. Provided always, and be it enacted, that any owner or proprietor of any Owner of rec- rectory impropriate, having the patronage of the vicarage of the church of such t°r^t^^1" rectory, shall not, by presenting in his turn a clerk to any union, under or by £ * pare_ virtue of this act, be judged in law to disappropriate his rectory, unless such per- senting to son making such presentation shall, by express words contained therein, plainly union, disap- signify his design and intent to make such disappropriation, and that such P">pnate his presentation be under the hand and seal of the patron so presenting, attested by fa^fcj&on. two or more credible persons ; any law, statute, or usage to the contrary notwith- standing. " VI. And whereas, in many places in Ireland, deans, archdeacons, dignitaries, Lord lieute- prebendaries, and canons of cathedral churches have one or more rectory or rec- n*nt and coun- r . „ . . , » , « CU empowered tones, or part or parts of one or more rectory or rectories or parishes, and the to disunite the rectorial tithes thereof respectively, annexed and appropriated to one deanery, rectorial tithes archdeaconry, dignity, prebend, or canonry, within which rectories there are vicars from any dig- endowed, so that such dean, archdeacon, dignitary, prebendary, or canon have not jjjj^ ^Jgn^ the actual cure of souls within the said parishes or rectories or part of rectories so their vicarages ; appropriated to their dignities, the actual cure being in the respective vicars : and whereas the vicarial tithes of such parishes as aforesaid, in which there are vicarages endowed, are often of very inconsiderable value, and inadequate in many instances to the suitable maintenance of their respective vicars, by whom they are received : and whereas it will be beneficial, that the rectorial tithes or the parts thereof of the said several and respective parishes or rectories so as aforesaid appropriated to such deanery, archdeaconry, dignity, prebend, or canonry, should be disappropri- ated, disunited, and divested out of such dean, archdeacon, dignitary, prebendary, or canon, and vested in the respective vicars of the said parishes : be it therefore enacted, that from and after the passing of this act it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, and his majesty's privy council there, with the assent, advice, approbation, and consent of all such persons, and in such manner as is hereinbefore mentioned, to disappropriate, disunite, and divest any rectory or rectories, or part or parts of any rectory or rectories, and the rectorial tithes thereof, from and out of any such deanery, archdeaconry, dignity, prebend, or canonry, and the dean, archdeacon, dignitary, prebendary, or canon thereof respectively, and to unite any such rectory or rectories to their respective vicarages, so that each and every of such rectories, or parts of rectories, when so disappropriated, shall, with its vicarage, form a dis- tinct parish or benefice ; and also, in lieu of any rectory or rectories, or part and to unite thereof, so disunited, to unite and appropriate to such deanery, archdeaconry, other benefices dignity, prebend, or canonry, any benefice or benefices, with cure of souls, in value to tlie ^S^y* at least equal to the rectory or rectories, or part or parts of such rectory or recto- ries, so then disappropriated from such deanery, archdeaconry, dignity, prebend, or canonry ; saving always to all deans, deans and chapters, archdeacons, dignitaries, Saving of prebendaries, and canons, and all other incumbents, at the time of such disappro- rights, priation or union respectively, during the respective incumbencies, and to all patrons and ordinaries, all their respective rights, titles, and interests in and to any such disappropriated rectory or rectories, or part or parts thereof, or to such united benefices, or to any of them; and saving also to every archbishop and bishop, register and schoolmaster, their respective dues, payable out of any and every such parish, rectory, or part thereof, or other benefice ; saving also to all tenants who have any lease or leases of any glebes or tithes belonging to any part of such disappropriation, union, parish, rectory, or benefice, all their right and interest during their respective leases. 4 R 2 1348 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 Geo. 4, c. 73. [Ia.] Lord lieute- nant and coun- cil may, by the same instru- ment disunite benefices or rectories from dignities, and unite such rec- tories to their vicarages, and appropriate benefices to dignities in lieu of disap- propriations. Disappropri- ated rectories shall be in the same patronage as the vicarage ; and appropri- ated benefices in the same patronage as the deanery. Lord lieute- nant and coun- cil, &c. may direct the time and manner in which appro- priation or disappropria- tion shall take effect. If no time specified, ap- propriation, &c. shall not take effect until vacancy of dignity. Dignitary nnt to be dis- charged from residence on benefice, but shall be subject to duties, &c. as a dignitary. " VII. Provided always, and be it enacted, that it shall and may he lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, and his majesty's privy council in Ireland, if they shall so think fit, with the assent, advice, approbation, and consent of such persons, and in such manner as is hereinbefore mentioned, by the same instrument and at the same time that they shall disappropriate any benefice or benefices from any deanery, archdeaconry, dignity, prebend, or canonry, by virtue of this act, to disappropriate, disunite, and divest any rectory or rectories, or part or parts of any rectory or rectories, and the rectorial tithes thereof, from and out of any such dean, archdeacon, dig- nitary, prebendary, or canon, and reunite them to their respective vicarages, and to appropriate to such deanery, archdeaconry, dignity, prebend, or canonry, any benefice or benefices with cure of souls ; and that in such case it shall be suf- ficient, if the benefice or benefices so to be appropriated in the place and stead of such rectory or rectories, or part or parts of such rectory or rectories so disappro- priated, shall be equal in value to the benefice, or to the rectory or part of a rectory so then disappropriated, or to both together, or to the benefices or rectories, or parts of rectories, or to all together ; anything in this act contained to the contrary not- withstanding. " VIII. And be it further enacted, that every such rectory or part of a rectory, when so disappropriated as aforesaid, and united to their respective vicarages under this act, shall become, and shall for ever remain, from the time when such union shall take effect, in the gift and at the disposal of the patron or patrons who was or were entitled to the presentation to such respective vicarages before and at the time of such union ; and that every benefice so to be appropriated as afore- said to any deanery, archdeaconry, dignity, prebend, or canonry, shall, from the time when such union and appropriation shall take effect, be and remain in the gift and at the disposal of the patron or patrons, whether the king's majesty or any other person, who at the time when such appropriation as aforesaid shall take effect shall be entitled to the presentation or appointment to the deanery, archdeaconry, dignity, prebend, or canonry, to which such benefice or benefices shall be so appropriated. " IX. And be it further enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, and his majesty's privy council there, if they shall think proper so to do, with the advice and consent of the archbishop of the province and bishop of the diocese, certified in manner as aforesaid, and with the consent of the king's majesty, when he shall be patron, certified in such manner as by this act is directed, and with the consent of all other patrons and of all incumbents, certified under their hands and seals respectively, and attested by two or more credible witnesses, in and by the instrument by which any union or appropriation, or disunion or disappropriation, shall be made by virtue of this act, to direct, regulate, and appoint the time or times when, and the manner, conditions, and regulations in, on, and under which, according to the consent so given as aforesaid, any such union or appropriation, or disunion or disappropriation, shall first operate and take effect, whether during the incumbency of any dean, archdeacon, dignitary, prebendary, or canon, or not ; and in case no direction, regulation, or appointment shall be expressly made in manner aforesaid, as to the time or times when any such union or appropriation, or disunion or disappropria- tion, shall first operate and take effect, the same shall not operate or take effect until such time as the deanery, archdeaconry, dignity, prebend, or canonry to which such union or appropriation, or disunion or disappropriation, shall relate, shall become vacant and destitute of an incumbent. u X. Provided always, and be it enacted, that every dean, archdeacon, dignitary, prebendary, or canon, to whose dignity, prebend, or canonry, any benefice with cure of souls shall be united in pursuance of this act, shall not be discharged of residence in the church united to such dignity, prebend, or canonry, but shall be obliged to such residence as is required by an act passed in the fifth year of his present majesty, intituled, * An Act to consolidate and amend the Laws for enfor- cing the Residence of Spiritual Persons on their Benefices ; to restrain Spiritual STATUTA GEORGII IV. A.D. 1820—1330. 1349 Persons from carrying on Trade or Merchandize ; and for the Support and Mainte- nance of Stipendiary Curates in Ireland and every such dean, archdeacon, dignitary, prebendary, or canon, shall also be and remain subject, as a dignitary, prebendary, or canon, of such cathedral church, to all jurisdictions, duties, and penalties, in like manner as such dignitary, prebendary, or canon was subject to at the time of making such union. " XI. And be it further enacted, that in all unions or appropriations, and in all disunions or disappropriations to be made by virtue of this act, of any dignities or benefices, the patronage whereof is or shall be in the king's majesty, his heirs, or successors, the consent of the lord lieutenant or other chief governor or governors for the time being, under his or their hands and seals, to the making of such union or appropriation, or disunion or disappropriation, shall be to all intents and pur- poses as good and valid in law as if the consent of his majesty, his heirs, and suc- cessors, were thereunto signified by letters patent under the great seal of Ireland. " XII. And be it further enacted, that where any benefice or benefices shall be united or appropriated to any dignity or prebend, in pursuance of this act, and the incumbent of such benefice or benefices shall die, resign, or be removed, then the next incumbent or person succeeding in the place of him so dying, resigning, or being removed, shall be chargeable with, and shall accordingly pay the first-fruits of such benefice or benefices so united and appropriated, as if he were legally collated or instituted and inducted to the same ; and to the end that such incumbent, digni- tary, or prebendary, may be respectively charged with such first-fruits, the arch- bishops and bishops of Ireland shall, and they are hereby respectively required, each in their respective dioceses, to make and return to the first-fruits office a cer- tificate of the death, removal, or resignation of any such incumbent or incumbents, of such benefice or benefices so united or appropriated, and the name of the next incumbent or person succeeding in the place of him so dying, resigning, or being removed as aforesaid, within such time and in such and the same manner as certifi- cates are or usually have been made and returned upon the institution or collation of incumbents to livings or benefices in Ireland. " XIII. And be it further enacted, that all and every union or appropriation, or disunion or disappropriation, which shall be made by virtue of this act, shall be enrolled in the rolls office of the high court of Chancery in Ireland, within six calendar months next after the making thereof, for the enrolment whereof respec- tively the fee of thirteen shillings and four-pence shall be paid, and no more ; and that every instrument under the hands of the lord lieutenant or other chief governor or governors of Ireland, and his majesty's privy council there, testifying any such union, appropriation, or disappropriation, shall contain therein a clause or proviso that the same shall be enrolled within six calendar months after the date thereof, or else to be void." Stat. 7 Geo. 4, c. 73. [Ir.] The king's as- sent, as patron, may be signi- fied by the lord lieutenant. Where bene- fice is united to a dignity, in- cumbent, &c. succeeding shall pay the first-fruits. Bishops shall return certifi- cate of death, &c. of incum- bent, and the name of the successor, &c. Unions, &c. shall be en- rolled in Chancery within six months, &c. CLXIX. Stat. 7 Georgii 4, c. 74(1). [Ireland.] A.D. 1826. "An Act for consolidating and amending the Laws relating to Prisons in Ireland." " LXVIII. And be it further enacted, that it shall and may be lawful for each and every grand jury in Ireland, and they are hereby required at any assizes or presenting term, to appoint a proper and discreet person, being duly ordained in holy orders and of the established church, to be chaplain of the several gaols of and in their respective counties, counties of cities and counties of towns ; and it shall and may be lawful for every such grand jury, if they shall be so required by the court, also to appoint a proper and discreet person, being a protestant dissenting minister, to be protestant dissenting chaplain thereof ; and also if they shall be so required by the court, to appoint a priest or clergyman of the Roman catholic church, to be Roman catholic chaplain thereof : provided always, that every person so appointed shall be approved of by the court, and that where there is only one gaol of such county, county of a city or county of a town, in the appointment of such chaplain preference shall be given to some clergyman of the established church officiating (1) The general provisions of this statute were amended by Stat. 1 & 2 Gul. 4, c. 48, and Stat. 6 & 7 Gul. 4, c. 51. Stat. 7 Geo. 4, c. 74. [Ir.] Appointment of chaplains to county gaols. Proviso for approval by the court. 1350 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 Geo. 4, c. 74. [Ir.] Duty of chaplains. Salaries to chaplains. Where there are more than two gaols in any county, &c. more than one chaplain may be appointed. within the parish in which the gaol shall be situated, if duly qualified ; and in like manner to some protestant dissenting minister, and some clergyman of the Roman catholic church, if duly qualified, acting as such within the said parish. " LXIX. And be it further enacted, that every such chaplain shall read prayers in the said gaol for which he shall be appointed, on every Sunday in the year ; to wit, the protestant chaplain of the established church to such of the prisoners as shall be protestants of the established church, and the protestant dissenting minister to such of the prisoners who shall be protestant dissenters, and the Roman catholic chaplain to such of the prisoners as shall be Roman catholics ; and that every such chaplain shall likewise visit each of the said prisons twice at least in every week, exclusive of his attendance on Sunday ; that on such visits he shall go into every room and cell in the prison wherein any prisoner so within his charge shall be confined, and converse with and exhort such of the said prisoners respectively as are willing to listen to his admonitions ; and that each of the said chaplains shall attend every malefactor in their respective prisons who shall be within his charge as aforesaid, or who may desire his assistance, previous to and down to the time of his execution, in order to administer to such prisoner or prisoners the functions of his holy office ; and that every such chaplain shall by alternate weeks, on the days appointed for the delivery of provisions or serving the same to the prisoners, inspect in his turn the bread or other provisions provided for any prisoner of whatsoever religion, and take care that the same are of good and wholesome quality, and of sufficient weight ; and every such chaplain shall keep a journal in which he shall enter the time of his attendance on the performance of his duty, with any observa- tions which may occur to him in the execution thereof, to be produced when required to the board of superintendence. " LXX. And be it further enacted, that it shall and may be lawful for the grand jury, at the spring assizes and Easter term in every year after such appoint- ment, to present a reasonable sum, not exceeding the sum of one hundred pounds and not being less than fifty pounds, in the county and county of the city of Dub- lin, and not exceeding fifty pounds nor being less than thirty pounds within any other county, or county of a city, or county of a town in Ireland, for every such chaplain, as a recompense for his services aforesaid ; provided it shall fully appear to the said grand juries respectively, and to the court or judge, that such chaplains duly and regularly executed the several duties of their said offices respectively ; and that the sums presented for all the chaplains aforesaid in one prison or district shall be of the same amount, unless the share or any part of the share of either shall at any time be withheld by reason of any misconduct or neglect of duty. et LXXI. Provided always, and be it enacted, that in any case where it shall happen that there shall be more than two gaols of and within any county, county of a city, or county of a town, it shall be lawful for the grand jury of such county, county of a city, or county of a town, on the direction of the court, to appoint more than one chaplain for the same : provided always, that the whole sum to be given as a salary or salaries to any number of chaplains shall not exceed the amount of salary authorized to be paid to any one chaplain as aforesaid ; and that a preference shall be given in the appointment of such chaplains to the clergy ordinarily officiating in the several parishes within which such gaols may be respectively situated, if properly qualified." Stat. 7 Geo. 4, c. 77. Commissioners may take the burial ground CLXX. Stat. 7 Georgii 4, c. 77(1). A.D. 1826. "An Act to extend to Charing Cross, the Strand, and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-bone Park; and to enable the Commissioners of His Majesty's Woods, Forests, and Land Revenues to grant Leases of the Site of Carlton Palace" " XXVIII. And be it further enacted, that it shall and may be lawful for the said commissioners acting in the execution of this act to take or use, for the pur- poses of this act, so much of the burial ground of the parish of Saint Martin in the (1) Vide Stat. 9 Geo. 4, c. 70, s. 5. STATUTA GEORGII IV. A.D. 1820 -1830. 1351 Fields as lies on the south side of the said church, as may be required for the pur- pose ; and the ground so taken, and the fee-simple and inheritance thereof, shall be and are hereby vested in the king's majesty, his heirs and successors, for the purposes of this act. "XXIX. And be it further enacted, that the said commissioners acting in execution of this act shall be and are hereby empowered and required, out of the monies to be applied for the purposes of this act, to purchase or otherwise provide a piece or parcel of ground, to be approved by the Lord Bishop of London and the vicar of the parish of Saint Martin in the Fields for the time being, to be appro- priated in enlarging that part of the present burial ground as is situated on the north and east sides of the said church, such additional ground to be used as and for a burial ground for the parishioners of the said parish of Saint Martin in the Fields, and to procure the same to be consecrated and settled for that purpose, in such manner as the Lord Bishop of London for the time being, or such person as he shall appoint, shall direct ; and to cause such burial ground to be made under pavement, and inclosed in such manner as the Lord Bishop of London and the vicar of the said parish of Saint Martin in the Fields for the time being shall approve: and the said commissioners shall cause a proper gate or gates to be erected as an entrance thereto, with locks and other fastenings; and such new burial ground, and the soil thereof, and the freehold and inheritance of the same in fee- simple, shall be vested in the same manner, and shall be subject to the same peculiar jurisdictions and visitations, as the present burial ground of the parish of Saint Martin in the Fields. " XXX. And be it further enacted, that the graves in the present burial ground of the parish of Saint Martin in the Fields, on the south side of the said church aforesaid, shall be as little disturbed, and as little damage shall be done to the grave stones therein, as reasonably may be. " XXXI . And be it further enacted, that whenever it shall be necessary, in pursuance and execution of this act, to open or disturb any grave or graves, or any burial vault or vaults, in the said present burial ground of the parish of Saint Martin in the Fields, on the south side of the said church aforesaid, it shall be lawful for the heirs, executors, administrators, relations, or friends of any person or persons who shall have been interred or deposited in such grave or graves, vault or vaults, with the consent of the vicar and churchwardens of the said parish, or the major part of them, to remove and carry away the remains of any such person or persons, and place the same in such new burial ground, or any other churchyard or consecrated ground, in such manner as the Lord Bishop of London for the time being, or such person as he may appoint, shall direct ; and that the expenses of such removing, carrying away, and placing (not exceeding in any one case the sum often pounds), shall be paid by the said commissioners acting in the execution of this act, out of the monies to be applied for the purposes of this act ; and that the remains of such person or persons as shall have been interred or deposited in the graves or vaults so to be opened and disturbed as aforesaid, which shall not be removed or carried away as aforesaid, shall, (except such graves or vaults shall be finally closed up,) at the expense of the said commissioners acting in the execution of this act, to be paid out of the monies to be raised by virtue of this act, be removed from such graves or vaults into and be interred in such new burial ground as aforesaid, in such manner as the Lord Bishop of London for the time being, or such person as he shall appoint, shall direct. " XXXII. And be it further enacted, that the grave stones laid in the said burial ground of the parish of Saint Martin in the Fields on the south side of the said church shall be removed into and put up and laid in such new burial ground as aforesaid, in such manner as the Lord Bishop of London for the time being, or such person as he shall appoint, shall direct, and the expense thereof defrayed by the said commissioners acting in the execution of this act, out of the monies to be raised by virtue of this act. " XXXIII. And whereas the vicar of the said parish of Saint Martin in the Fields is seised and possessed of eleven messuages or dwelling houses, with their Stat. 7 Geo. 4, c. 77. of St. Martin in the Fields. Commissioners to provide a new burial ground. The graves to be disturbed as little as may be. Bodies dis- turbed to be removed. Grave stones to be removed. Commissioners may contract 1352 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 Geo. 4, c. 77. with the vicar of St. Martin in the Fields for the convey- ance of certain messuages be- longing to the said vicarage, in exchange for messuages be- longing to the crown. No lease to be granted by the vicar, of such messuages, without re- serving a rent equal to half the value. Churchwar- dens may place a bar or chain across the west end of the new street during divine service on Sundays, Bus. Indemnity to vicar, &c. for church dues. appurtenances, situate, lying, and being in Saint Martin's lane, and the church- yard of and in the said parish of Saint Martin in the Fields aforesaid, belonging to the said vicarage, and part of the glebe thereof, ten of which said messuages or dwelling houses are subject to leases granted thereof by the said vicar or his prede- cessors for terms of forty years, commencing at different periods, renewable at the end of every fourteen years, under certain annual rents, amounting together to the sum of sixty pounds or thereabouts; and the other of the said messuages or dwelling houses is now in the occupation of the said vicar : and whereas the said several messuages or dwelling houses, with their appurtenances, are part of the premises described in the herein before-mentioned plan, and the same being required to carry into effect and complete the improvements herein before-men- tioned, the said commissioners for executing this act have agreed with the said vicar, by and with the consent and approbation of the Lord Bishop of London, for a conveyance to be made to the said commissioners of all the right, title, and interest of the said vicar in and to the several messuages or dwelling houses and premises herein before-mentioned, in exchange for a conveyance by the said com- missioners on the part of his majesty, his heirs and successors, to the said vicar and his successors, of freehold messuages or dwelling houses, buildings, and pre- mises, belonging to the crown, situate within the cities of London or West- minster, the same being of equal rent and value ; be it therefore enacted, that it shall and may be lawful for the said commissioners for executing this act, and for the vicar of the said parish of Saint Martin in the Fields for the time being, to contract and agree for a conveyance to the said commissioners of all the right, title, and interest of the said vicar in and to the said eleven several messuages or dwelling houses, with the appurtenances, so vested in him as aforesaid, in exchange for a conveyance by the said commissioners, on the part of his majesty, his heirs or successors, to the said vicar and his successors, of freehold messuages or dwelling houses and hereditaments belonging to the crown, situate and being in the said cities of London and Westminster, or one of them, of equal rent and value; and the said last mentioned messuages or dwelling houses and premises shall, when so conveyed as aforesaid, be held by the said vicar and his successors, to, for, and upon, and under and subject to such and the same trusts, ends, intents, and purposes, as the said several messuages or dwelling houses and hereditaments so to be conveyed by him to the said commissioners, in exchange as aforesaid, are now subject to ; provided, that it shall not be lawful for the said vicar and his successors at any time hereafter to grant any lease or leases of the said several messuages or dwelling houses and hereditaments so to be conveyed to the said vicar in exchange as aforesaid, or any of them, without reserving to the said vicar and his successors for the time being for ever such clear annual rent or rents as shall be equal to one moiety or half part at least of the gross yearly value of the premises to be comprised in and demised by such lease or leases ; such rents or rent to be made payable to the vicar of the said parish and his successors during the whole term or time of the continuance of such lease or leases respectively. " XXXIV. Provided always, and be it further enacted, that it shall and may be lawful to and for the churchwardens of the parish of Saint Martin in the Fields aforesaid, and they are hereby authorized and empowered, to place or cause to be placed a bar or chain extending across the carriageway at the west end of the said new street to be made on the south side of the said church as aforesaid, in order to prevent noise by the passing and repassing of carriages along the said street during the time of divine service on Sundays, and on Christmas Day, Good Friday, and fast or thanksgiving days by proclamation ; provided that such bar or chain shall not be used at any other time or times than during the time of divine service as aforesaid. " XLIV. And whereas by reason of the taking down of the several dwelling houses and other buildings required for the purposes of this act, a deficiency may arise in the produce of the annual stipends, Easter dues, obventions, or oblations, and also in the annual produce of church duties for burials, marriages, and chris- tenings (usually called surplice fees and burial ground fees), and other perqusiUs STATUTA GEORGII IV. A.D. 1820—1830. 1353 and payments payable in respect thereof to the vicars, rectors, churchwardens, Stat. 7 Geo. clerks in orders, sextons, and other officers belonging to the respective churches of 4, c. 77. the parishes herein mentioned; be it therefore enacted, that the said commis- sioners shall yearly and every year pay and make good, or cause to be paid and made good, unto the vicars or rectors of the said respective parishes for the time being, for the use of themselves and the clerks in orders and other officers respec- tively, all such deficiencies as shall or may arise or happen by reason or means of anything done in the execution of this act, in the produce of the said annual sti- pends, Easter dues, oblations, or obventions, and church duties above mentioned, from and after Easter Tuesday which will be in the year of our Lord one thousand eight hundred and twenty-seven ; which deficienies shall be estimated and ascer- tained conclusively at or upon the average produce of such annual stipends, Easter dues, oblations, or obventions, and church duties respectively, for the three years immediately preceding Easter Tuesday one thousand eight hundred and twenty- six, compared with the produce thereof for each subsequent year, and the first yearly payment of which deficiencies shall be made on Easter Tuesday one thou- sand eight hundred and twenty-eight." CLXXI. Stat. 7 Georgii 4, cap. cxvi. A.D. 1826. Stat. 7 Geo- 4 CAP. CXVT. "An Act for extinguishing Tithes, and customary Payments in lieu of Tithes, within that Part of the Parish of Saint Botolph without Aldersgate which is situate in the City of London, and for making Compensation in lieu thereof; and for increasing the Provision for the Incumbent of the same Parish." CLXXII. Stat. 7 & 8 Georgii 4, cap. i. A.D. 1827. Stat. 7 & 8 Geo. 4 "An Act for building a Church or Chapel of Ease within the Township of Oulton- CAP I ' cum- Woodles ford, in the Parish of Rothwell, in the West Riding of the County of York" CLXXIII. Stat. 7 & 8 Georgii 4, cap. x. A.D. 1827. Stat. 7 & 8 "An Act for vesting in the Dean and Chapter of the Cathedral Church of Saint ^E0* 4' ca^' *' Peter, in Exeter, certain Messuages and Lands situate within the Close of the said Cathedral Church, belonging to the Archdeaconries of Totnes, Barnstaple, and Cornwall, founded in the said Cathedral Church, in consideration of certain perpetual yearly Sums to be payable to tlie said several Archdeacons and their Successors ; and for enabling the said Dean and Chapter to grant Leases of the same Premises'" CLXXIV. Stat. 7^8 Georgii 4, cap. xxiii. A.D. 1827. Stat. 7 & Geo. 4, CAP. XXIII. "An Act for providing a further Maintenance for the Rector of the Parish of Saint John Horslydown, within the Town and Borough of Southwark, in the County of Surrey." CLXXV. Stat. 7 & 8 Georgii 4, c. 25 (1). A.D. 1827. Stat. 7 & 8 "An Act for the Relief of certain Spiritual Persons and Patrons of Ecclesiastical Ge0' 4' c* 25' Preferments from co-tain Penalties; arid rendering valid certain Bonds, Cove- nants, or other Assurances, for the Resignation of Ecclesiastical Preferments." " Whereas by an act made and passed in the thirty-first year of the reign of her 31 Eliz. c. 6. late majesty Queen Elizabeth, intituled, < An Act against Abuses in Elections of Scholars and Presentations to Benefices,' it is enacted in the words or to the effect following ; to wit, ' For the avoiding of simony and corruption in presentations, collations, and donations of and to benefices, dignities, prebends, and other livings and promotions ecclesiastical, and in admissions, institutions, and inductions to the same, be it further enacted by the authority aforesaid, that if any person or per- sons, bodies politic and corporate, shall or do at any time after the end of forty (1) Vide Stat. 9 Geo. 4, c. c- 29- shall on conviction be liable to be imprisoned for any term not exceeding two years; and everv person who shall aid, abet, counsel, or procure, the commission of any Abettors in misdemeanor, punishable under this act, shall be liable to be indicted and punished misdemeanors, as a principal offender." CLXXIX. Stat. 7 & 8 Georgii 4, c. 80(1). A.D. 1827. "An Act for consolidating and amending the Laws in England relative to malicious Injuries to Property." "Whereas various statutes now in force in that part of the United Kingdom called England, relative to malicious injuries to property, are by an act of the present session of parliament repealed, from and after the last day of June in the present year, except as to offences committed before or upon that day ; and it is expedient that the provisions contained in those statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing act : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that this act shall commence on the first day of July in the present year. "II. And be it enacted, that if any person shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop oast, barn, or granary, or to any building or erection used in carrying on any trade or manu- facture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon. " VIII. And be it enacted, that if any persons, riotously and tumultuously assembled together to the disturbance of the public peace, shall unlawfully and with force demolish(2), pull down, or destroy, or begin to demolish, pull down, or (1) Vide Stat. 2 & 3 Gul. 4, c. 72 ; Stat. 5 & (i Gul. 4, c. 81 ; and Stat. 6 & 7 Gul. 4, c. 4. (2) Demolish: — If rioters, after proceed- ing a certain length, leave off of their own accord, before the act of demolition be com- pleted, that is evidence from which a jury may infer that they did not intend to demo- lish the house. A party of rioters came to a house about midnight, and hi a riotous manner burst open the door, broke some of the furniture, all the windows, and one of the window- frames, and then went away, there being nothing to hinder them from doing more damage : it was held, that although the breaking and damage done was a sufficient beginning to demolish the house, yet unless the jury were satisfied, that the ultimate ob- ject was to destroy the house, and that, if they had carried their intentions into full effect, they would, in point of fact, have de- molished it, it was not a beginning to de- molish within the act. Rex\. Thomas, 4 C. &P. 237. Regina v. Howell, 9 Ibid. 437. So where a mob pursued a person to a public house, where he took refuge, and the doors and windows were all secured, and the mob demanded that he should be given up to them, or they would pull the house down, and the front door and lower windows were beaten in, and the shutters and frames of some of them Stat. 7 & 8 Geo. 4, c. 30. much broken, and part of the mob entered the house and did much damage to the fur- niture, but in about twenty minutes, being unable to find the person, who had there taken refuge, and a rumour being spread that the mayor was coming, they went away: it was held, that this offence was not within the act; for the persons committing the outrage must have the intention of destroying the house, before they can be charged with a felonious beginning to demolish, and here they had no such intention, but their intention was to get possession of the person who had entered the house. Rex v. Price, 5 Ibid. 510. But if rioters are interrupted in the work of demolition by the police or any other force, that is evidence to show, that they were compelled to desist from that, which they had designed, and it is for the jury to infer, that they had begun to demolish within the meaning of the act. A party of coal- whippers, having a feeling of ill-will to a coal-lumper, who had paid less than the usual wages, created a mob, riotously went to the house where he kept his pay table, cried out that they would murder him, threw stones, brickbats, &c, broke windows and partitions, and threw down part of a wall in a yard, and continued, after his escape, throwing stones at the house, till they were compelled to desist by the threats of the Commence- ment of act. Setting fire to a church, chapel, house, or certain buildings. Rioters de- molishing, &c. a church, 1360 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 & 8 Geo. 4, c. 30. chapel, house, or certain buildings, or any machinery in any manu- factory or mine. Principals in the second degree and accessories. Abettors in misdemeanors. destroy, any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture or in any branch thereof, or in any steam engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon. " XXVI. And be it enacted, that in the case of every felony punishable under this act every principal in the second degree, and every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable ; and every accessory after the fact to any felony punishable under this act shall, on conviction, be liable to be impri- soned for any term not exceeding two years ; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender." police : it was held, that tins case was dis- tinguishable from Rex v. Thomas, (4 C. & P. 237,) because the mob did not leave off voluntarily, but after the threats of the po- lice, and that they might be convicted of beginning to demolish the house, though their principal object was to injure the lum- per, provided it was also their object to demolish the house. Rex v. Batt, 6 Ibid. 329. The beginning to pull down, means not simply a demolition of a part, but a part with an intent to demolish the whole. In Ashton's case, (1 Lewin C. C. 296,) the prisoners were indicted for beginning to demo- lish a building used in carrying on a trade. It appeared that they began by breaking the windows and doors, and having afterwards entered the house, they set fire to the furni- ture, but no part of the house was burnt. Mr. Justice Parke directed the jury, that, " The beginning to pull down, means not simply a demolition of a part, but a part with an intent to demolish the whole. It is for you to say if the prisoners meant to stop where they did, and do no more ; because if they did, they are not guilty ; but if they intended, when they broke the windows and doors, to go farther, and destroy the house, then they are guilty of a capital offence. If they had the full means of going further, and were not inter- rupted, but left off of their own accord, it is evidence from which you may judge, that they meant the work of demolition to stop where it did. If you think that they originally came there without intent to demolish, and the setting fire to the furniture was an after- thought, but with that intent, then you must acquit, because no part of the house having been burnt, there was no beginning to destroy the house. If they came originally without such intent, but had afterwards set fire to the house, then the offence would be arson. If you have doubts, whether they originally came with a purpose to demolish, you may use the setting fire to the furniture under such cir- cumstances, and in such manner, as that the necessary consequence, if not for timely in- terference, would have been the burning of the house, as evidence to show, that they had such intent, although they began to demolish in another manner." If a person forms part of a riotous assem- bly at the time the act of demolition com- mences, or if he wilfully joins such riotous assembly, so as to co-operate with them whilst the act of demolition is going on, and before it is completed, in either case he comes within the description of the offence, although he may not have assisted with his own hand in the demolition of the budding. Per Chief Justice Tindal, Bristol Special Commission, 5 C. & P. 265, in not. In order to prove that there was a begin- ning to demolish the house, it must be proved that some part of the freehold was destroyed; it is not therefore sufficient to prove that the window-shutters were demo- lished. Regina v. Howell, 9 Ibid. 437. Although setting fire to a house is a sub- stantive felony, yet if fire be made the means of attempting to destroy a house, it is as much a beginning to demolish, as if any other mode of destruction were resorted to. Ibid. " It is a malicious act in contemplation of law, when a man wilfully does that which is illegal, and which, in its necessary conse- quence, must injure his neighbour; and it is unnecessary to observe, that the setting fire to another's house, whether the owner be a stranger to the prisoner, or a person against whom he had a former grudge, must be equally injurious to him; nor will it be necessary to prove, that the house which forms the subject of the indictment in any particular case, was that which was actually set on fire by the prisoner. It will be suffi- cient to constitute the offence, if he is shewn to have feloniously set on fire another house, from which the flames communicated to the rest. No man can shelter himself from pu- nishment, on the ground that the inischiet which he committed was wider in its con- sequences than he originally intended." Per Chief Justice Tindal, Bristol Special Com- mission, 5 Ibid. 267, in not. The foregoing principles, although applied to the demolition of houses, are equally ap- plicable to the demolition of churches. STATUTA GKORGII IV. A.D. 1820—1830. 1301 CLXXX. Stat. 7 & 8 Georgii 4, c. 31 (1). A.D. 1827. Stat. 7 & 8 "An Act for consolidating and amending the Laws in England relative to Geo* 4' c* 31 ' Remedies against the Hundred" " II. And be it enacted, that if any church or chapel, or any chapel for the The hundred religious worship of persons dissenting from the united church of England and shall make full Ireland, duly registered or recorded, or any house, stable, coach-house, outhouse, fo™hedamage warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or any build- done by rioters ing or erection used in carrying on any trade or manufacture, or branch thereof, in certain cases, cr any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam-engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together, in every such case the inhabitants of the hundred, wapen- take, ward, or other district in the nature of a hundred, by whatever name it shall be denominated, in which any of the said offences shall be committed, shall be liable to yield full compensation to the person or persons damnified by the offence, not only for the damage so done to any of the subjects hereinbefore enumerated, but also for any damage which may at the same time be done by any such offenders to any fixture, furniture, or goods whatever, in any such church, chapel, house, or other of the buildings or erections aforesaid. " III. Provided always, and be it enacted, that no action or summary pro- Party damni- ceeding, as hereinafter mentioned, shall be maintainable by virtue of this act, for fied to comply the damage caused by any of the said offences, unless the person or persons dam- ^^tiara nified, or such of them as shall have knowledge of the circumstances of the offence, or the servant or servants who had the care of the property damaged, shall within seven days after the commission of the offence go before some jus- tice of the peace residing near and having jurisdiction over the place where the offence shall have been committed, and shall state upon oath before such justice the names of the offenders if known, and shall submit to the examination of such justice touching the circumstances of the offence, and become bound by recognizance before him to prosecute the offenders when apprehended : provided Limitation of also, that no person shall be enabled to bring any such action, unless he shall tim.e for commence the same within three calendar months after the commission of the actlons* offence. " IV. And be it enacted, that no process for appearance in any action to be Process in the brought by virtue of this act against any hundred or other like district shall be action against served on any inhabitant thereof, except on the high constable or some one of the ^served^on t0 high constables, (if there be more than one,) who shall within seven days after t^e njgh con. such service give notice thereof to two justices of the peace of the county, riding, stable, who or division in which such hundred or district shall be situate, residing in or acting may defend, or for the hundred or district ; and such high constable is hereby empowered to let j^f^ul'- cause to be entered an appearance in the said action, and also to defend the same f g advised*." ' on behalf of the inhabitants of the hundred or district, as he shall be advised ; or, instead of defending the same, it shall be lawful for him, with the consent and approbation of such justices, to suffer judgment to go by default ; and the person upon whom, as high constable, the process in the action shall be served, shall, notwithstanding the expiration of his office, cantinue to act for all the purposes of this act until the termination of all proceedings in and consequent upon such action ; but if such person shall {he before such termination, the succeeding high constable shall act in his stead. " V. And be it enacted, that in any action to be brought by virtue of this act Inhabitants of against the inhabitants of any hundred or other like district, or against the inha- the hundred bitants of any county of a city or town, or of any such liberty, franchise, city, ^j^f town, or place, as is hereinafter mentioned, no inhabitant thereof shall, by reason W Se&' (1) Vide Stat. 2 & 3 Gul. 4, c. 72. 4 S 13G2 STATUTA GEORGII IV. A.D. 1820-18.30. Stat. 7 & 8 Geo. 4, c. 31. Mode of pro- ceeding in cases where the da- mage does not exceed 30/. Such cases to be settled by the justices at a special petty sessions. Penalty on high constable for neglect. Proceeding in case of damage to a church or chapel. In case of damage to property be- longing to a corporation. of any interest arising from such inhabitancy, be exempted or precluded from giving evidence either for the plaintiff or for the defendants. " VIII. And whereas it is expedient to provide a summary mode of proceeding where the damage is of small amount ; be it therefore enacted, that it shall not be lawful for any person to commence any action against the inhabitants of any hun- dred or other like district, where the damage alleged to have been sustained by reason of any of the offences in this act mentioned shall not exceed the sum of thirty pounds, but the party damnified shall, within seven days after the commis- sion of the offence, give a notice in writing of his claim for compensation, accord- ing to the form in the schedule hereunto annexed, to the high constable or some one of the high constables (if there be more than one) of the hundred or other like district in which the offence shall have been committed ; and such high constable shall, within seven days after the receipt of the notice, exhibit the same to some two justices of the peace of the county, riding, or division in which such hundred or district shall be situate, residing in or acting for such hundred or district, and they shall thereupon appoint a special petty session of all the justices of the peace of the county, riding, or division, acting for such hundred or district, to be holden within not less than twenty nor more than thirty days next after the exhibition of such notice, for the purpose of hearing and determining any claim which may be then and there brought before them on account of any such damage ; and such high constable shall, within three days after such appointment, give notice in writing to the claimant, of the day and hour and place appointed for holding such petty session, and shall within ten days give the like notice to all the justices acting for such hundred or district ; and the claimant is hereby required to cause a notice in writing, in the form in the schedule hereunto annexed, to be placed on the church or chapel door, or other conspicuous part of the parish, township, or place in which such damage shall have been sustained, on two Sundays preceding the day of holding such petty session. " IX. And be it enacted, that it shall be lawful for the justices, not being less than two, at such petty session or any adjournment thereof, to hear and examine upon oath or affirmation the claimant, and any of the inhabitants of the hundred or other like district, and their several witnesses, concerning any such offence, and the damage sustained thereby ; and thereupon the said justices, or the major part of them, if they shall find that the claimant has sustained any damage by means of any such offence, shall make an order for payment of the amount of such damage to him, together with his reasonable costs and charges, and also an order for payment of the costs and charges (if any) of the high constable or inhabitants, and shall direct such order or orders to the treasurer of the county, riding, or division in which such hundred or district shall be situate, who shall pay the same to the party or parties therein named, and shall be reimbursed for the same in the manner hereinbefore directed. " X. And be it enacted, that if any high constable shall refuse or neglect to exhibit or give such notice as is required in any of the cases aforesaid, it shall be lawful for the party damnified to sue him for the amount of the damage sustained, such amount to be recovered by an action on the case, together with full costs of suit. " XI. And be it enacted, that every action or summary claim to recover com- pensation for the damage caused to any church or chapel by any of the offences in this act mentioned, shall be brought in the name of the rector, vicar, or curate of such church or chapel, or in case there be no rector, vicar, or curate, then in the names of the church or chapelwardens, if there be any such, and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested ; and the amount recovered in any such case shall be applied in the rebuilding or repairing such church or chapel; and where any of the offences in this act mentioned shall be committed on any property belonging to a body corporate, such body may recover compensation against the hundred or other like district, in the same manner and subject to the same conditions as any person damnified is by this act enabled to do: provided always, that the several cond:- STATUTA GEORGII IV, A.D. 1820—1830. 1363 tions which are hereinbefore required to be performed by or on behalf of any Stat. 7 & 8 person damnified, may, in the case of a body corporate, be performed by any Geo. 4, c. 31. officer of such body on behalf thereof." "Schedule. "Form of Notice to the High Constable of a Hundred or other like District, or to the Peace Officer of a County of a City or Town, or of a Liberty, Franchise, City, Town, or Place. "To the high constable [or to one of the high constables] of, &c. [or to a peace officer of, &c] "I hereby give you notice, that I intend to claim compensation from the inhabitants of [here specify the hundred or other like district, or county of a city, &c, or liberty, franchise, &c, as the case may be], on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage] ; and I hereby require you, within seven days after your receipt of this notice, to exhibit the same to some two justices of the peace of the county [riding or division] of residing in or acting for the said hundred, &c , [or if in a liberty, franchise, &c. where the justices of the county, riding, or division have no juris- diction, then say, to some two justices of the peace of, naming the liberty, fran- chise, &c], [or if in a county of a city, &c. then say, to some two justices of the peace of, naming the county of the city, &c], in order that they may appoint a time and place for holding a special petty session to hear and determine my claim for compensation by virtue of an act passed in the seventh and eighth years of the reign of King George the Fourth, intituled, 'An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred ;' and you are required to give me notice of the day, hour, and place appointed for holding such petty session within three days after the justices shall have appointed the same. Given under my hand this day of in the year of our Lord . (Signed) A. B." "Form of Notice to be placed on the Church or Chapel Door or other conspicuozts Part of the Parish, Township, or Place, (as the ease may be.) "I hereby give notice, that I shall apply for compensation to the justices of the peace at a special petty sessions to be holden at on the day of next, at the hour of in the forenoon, on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage, in the same manner as in the preceding form]. Given under my hand this day of in the year of our Lord "(Signed) A. B." CLXXXI. Stat. 7 & 8 Georgii 4, cap. xxxiii. A.D. 1827. Stat. 7 & 8 "An Act for facilitating the Execution of certain Trusts for Charitable and Public Gk0.\4' cap' Purposes within the Town of Sheffield, in the County of York:' CLXXX1I. Stat. 7 & 8 Georgii 4, c. 34 (1). [Ireland.] A.D. 1827. Stat. 7 & 8 "An Act to amend the Acts relating to the Provision of Ministers in Cities and PjE0; 4' c' 34, Corporate Towns in Ireland:' "Whereas by an act made in the parliament of Ireland in the session holden Irish art. in the seventeenth and eighteenth years of the reign of King Charles the 17 & LB Car. 2, c. /. (1) Stat. 17 & 18 Car. 2, c. 7 [Ir.], which Church of St. Andrew's, in the Suburbs was amended by Stat. 7 & 8 Geo. 4, c. 34 of the City of Dublin, presentative for [Jr.], is as follows : ever. "An Act for Provision of Ministers in Ci- "In most humble manner prtying and for, Corporate Tonus, and making the beseeching your most excellent "majesty, 4 S 2 13C4 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 & 8 Second, among other things for provision of ministers in cities and corporate Geo. 4, c. 34. towns in Ireland, it is enacted, that it shall be lawful for the lord lieutenant or [Ir.] the lords spiritual and temporal, and com- mons in this present parliament assembled, that whereas there are small or no tithes or other duties settled by law upon the incum- bents who have actual cure of souls in the city and suburbs of Dublin, and the liber- ties thereunto adjoining, and in other cities, towns corporate of this your majesty's king- dom of Ireland: that it may be therefore enacted, and be it hereby enacted by your most excellent majesty, by and with the con- sent of the lords spiritual and temporal, and the commons in parliament assembled, and by the authority of the same, that it shall and may be lawful for the lord lieutenant, or other chief governor or governors, and six or more of your majesty's privy council of this kingdom, to allot, ascertain, set forth, and charge, or cause to be allotted, ascertained, set forth, and charged, any sum or sums of money to be paid unto the several and re- spective incumbents, and their respective successors within the said city and suburbs of Dublin, and liberties thereunto adjoining, and other cities and towns corporate in this kingdom, who have actual cure of souls in each parish respectively, out of each house and houses belonging to the said parish, whether it be by apportioning the said mo- ney and payment according to the yearly value of each house, or otherwise, so as the same payment do not exceed twelvepence sterling for every pound of the yearly value of each house, such yearly value always to be intended as the same shall be valued upon oath by persons to be nominated in that be- half, and authorized by commission under the great seal of this kingdom, by direction of the lord lieutenant or other chief governor or governors for the time being of this your majesty's kingdom ; in which valuation, if it shall happen that any house be valued above sixty pounds sterling per annum, yet the said commissioners, or other persons to be intrusted in the said valuations, are to re- turn such house but at sixty pounds per annum; which said commission or commis- sions are from time to time returned under the hands and seals of the commissioners to the clerk of the council for the time being ; and after such allotment so made, and sura or sums of money ascertained, charged and set forth to be paid as aforesaid, and ap- proved by the lord lieutenant, or other chief governor or governors, and council of this kingdom, such charge of each inhabitant of each house, shall be as good and effectual in law, as if the very same sum or sums which shall be so charged, had been particularly expressed and enacted to be paid out of each house; and the sum so allotted or charged upon each inhabitant shall be received by the churchwardens respectively, and by them paid to the several and respective incum- bents, and their successors, by four equal portions every year, viz. the feast of the Na- tivity of our Blessed Lord and Saviour, the feast of the Annunciation of the Blessed Vir- gin Mary, the feast of St. John the Baptist, and the feast of St. Michael the Archangel, by the inhabitants, or respective inhabitants thereof ; raid in case any inhabitant shall, upon demand by the churchwardens of the respective parishes, refuse or delay to pay such sum or sums of money as shall be so allotted or charged upon the house wherein he dwelleth, at any of the days or times aforesaid, that then it shall and may be law- ful for the said churchwardens of each parish to enter into the said house and distrain on the several and respective persons so in arrear for the same, and the distress or dis- tresses to carry away and sell to pay to the incumbent such money as shall be due unto him, and to deliver the remainder unto the said inhabitant ; and if the churchwardens shall fail to do their duties therein, then, and in such case, such churchwardens to be punished for their neglects, as the lord lieutenant, or other chief governor or go- vernors and council of this kingdom shall think fit. "II. Provided always, that no commission by virtue of this act shall be directed or issue for valuation into any one parish of any houses hereafter to be built, more or oftener than once in three years. "III. And whereas the parish church of St. Andrew's in the county of the city of Dublin, hath been wholly demolished for these many years past, and no effectual care hitherto taken for the rebuilding thereof, whereby the inhabitants of the said parish, and of Lazars, alias Lazie-hill, have had no place within themselves for the public ser- vice of God, to the great dishonour of God, and the discomfort of the people: may it therefore please your most excellent majesty, that for the honour of God, and accommo- dation of the inhabitants aforesaid, it be enacted by your majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present par- liament assembled, that the ambite and tract of ground commonly called the Stane, alias Lazar, alias Lazie-hill, be constituted and made part of the parish of St. Andrew's aforesaid; and that the inhabitants of the said parish be hereby authorized, by contri- bution amongst themselves, to rebuild the said church, in such manner as shall be agreed upon by them, or the major part of them; and that the said parish church shall for the time to come be presentative as a vicarage by the lord chancellor of Ireland, the lord archbishop of Dublin, the vice-treasurer of his majesty's revenue, the lord chief justice of his majesty's court of Chief Place, the lord chief justice of his majesty's court of Common Pleas, the lord chief baron of his majesty's court of Exchequer, and the mas- ter of the Rolls, and their successors for the time being, or by any four or more of them, whereof the Lord Archbishop of Dublin to be always one : and that Richard Lingart, the now professor of divinity in Trinity college near Dublin, be and is hereby constituted the firit vicar or incumbent thereof. STATUTA GEORGII IV. A.D. 1820-1830. 13C5 other chief governor or governors, and six or more of his majesty's privy council in Ireland, to allot, ascertain, set forth, and charge certain sums of money to be paid to the several incumbents within the city and suburbs of Dublin, and liberties thereunto adjoining, and other cities and towns corporate in Ireland, who have actual cure of souls in each parish respectively, out of the houses belonging to such parish respectively, according to the yearly value of each house, to be allotted and charged on the inhabitants in manner in the said act men- tioned ; and that the sum so allotted and charged shall be received by the church- wardens of each parish respectively, and by them paid to the several and respective incumbents ; and in case of refusal or delay of payment such churchwardens are by the said act empowered to levy shch sums by distress and sale ; and on failure of their duties therein such churchwardens are punishable as in the said act is provided : and whereas by an act made in the parliament of Ireland in the thirty- third year of the reign of King George the Third, intituled, 'An Act respecting the Collection of Public Money to be levied in the County of the City of Dublin by Presentment,' the churchwardens in the respective parishes in the county of the said city are required to return to the treasurer of the public money an exact account of the gross sum of ministers' money payable by the inhabitants of each and every such parish : and whereas the performance of the duties required by the said acts by the churchwardens of parishes is in many respects grievous to such churchwardens; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that at any time after the passing of this act it shall and may be lawful for the several and respective incumbents, and their respective successors, within the city and suburbs of Dublin, and liberties thereunto adjoining, and within other cities and towns corporate in Ireland, who have actual cure of souls in each parish respec- tively, and such incumbents are hereby respectively authorized, empowered, and required from time to time, by any writing under the hand of any such incumbent Stat. 7 & 8 Geo. 4, c. 34. [Ik.] " IV. And be it further enacted by the au- thority aforesaid, that Arthur earl of Angle- sey, his majesty's vice-treasurer, Sir John Temple, knight, master of the rolls, and Sir Mourice Eustace, knight, or the survivors of them, be and are hereby constituted and ap- pointed churchwardens of the said parish for the first two years : and that they and then- successors, churchwardens for the time being, be hereby empowered to rate and assess the several houses within the parish of St. An- drew's and Stane, alias Lazie-hill, in such manner as they shall think fit, with the con- sent of the said inhabitants, or the major part of them, at such meetings as shall be appointed to that purpose, for and towards the building of the said church, if the volun- tary contributions already made, and to be made, will not do it; and for the relief of the poor, and other pious uses, as shall be thought necessary by the inhabitants of the parish, or the major part of them. "V. And be it enacted, that the said churchwardens and their successors for the time being shall be a body corporate, and have power to sue and be sued by the name of the churchwardens of the parish of St. Andrew's, and by that name to purchase lands, tenements, and hereditaments of the yearly value of one hundred pounds sterling to the use of the said parish ; the Statute of Mortmain, or any other law or statute to the contrary notwithstanding. "VI. And whereas the rectory of the church of St. Andrew's aforesaid, together with certain houses and their backsides, en- closed within the churchyard, have anciently 33Geo3,c.56. Incumbents may appoint collectors of ministers' mo- ney in Dublin and other cities and towns; and such collectors belonged to the precentor of the cathedral church of St. Patrick's, near Dublin, as part of the corps of his precentorship : in consi- deration thereof, be it enacted by the autho- rity aforesaid, that the now precentor of St. Patrick's, Dublin, aforesaid, and his succes- sors, shall be rector or rectors of the said parish, and shall have the yearly sum of ten pounds sterling appropriated, and be it hereby appropriated, unto him and them, to be paid unto him and them by the vicar or incumbent of the said church of St. Andrew's for the time being, in two equal proportions at two set times of the year, (that is to say,) five pounds at or upon the feast day of St. John the Baptist, and other five pounds at or upon the feast day of the Nativity of our blessed Lord and Saviour; the first payment to begin at or upon the first of the said feast days as shall happen to be full six months next after the induction of the first vicar or incumbent aforesaid. "VII. And be it further enacted, that such punishment as by this act shall or may be imposed by the lord lieutenant, or other chief governor or governors and council for the time being, upon churchwardens for neglecting their duties required by this act, shall not extend to any other kind of punish- ment, than by one or more fine or fines, or imprisonment, not to exceed the sum of five pounds sterling for such respective offence, and such imprisonment not to exceed one month, at any one time, for any one offence, and the same to continue without bail or mainprize, if they shall so think fit." 1360 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 & 8 Geo. 4, c. 34. [Ia.] shall have like power in col- lecting, &c. such money, as church- wardens have under recited ac.s. respectively, to nominate and appoint any person or persons willing to act as such, to be a collector or collectors of all sums allotted or charged according to the said recited act of the seventeenth and eighteenth years of King Charles the Second, for ministers' money, upon the inhabitants of the respective houses in any and every such parish respectively ; and every such collector so appointed shall collect and receive all sums so allotted or charged, and shall pay the same to the several and respective incumbents, in like manner as churchwardens are directed to do by the said recited act ; and in case of refusal or delay of payment of any sums so allotted or charged, it shall be lawful for any and every such collector to levy and distrain for the same in like manner as churchwardens are empowered to do by the said recited act ; and it shall be lawful for any and every such collector, and he and they is and are hereby authorized and empowered, to do and perform all such matters and things, and shall be subject to all such liabilities as any church- warden or churchwardens is or are authorized or required to do or are subject to with respect to any sums so allotted or charged for ministers' money as aforesaid, under or by virtue of the said recited acts or either of them, or any other act or acts relating to such ministers' money, in force in Ireland immediately before the passing of this act." Stat. 7 & 8 Geo. 4, c. 38. No constable shall be re- quired to make presentments respecting the offences herein mentioned. CLXXXIII. Stat. 7 & 8 Georgii 4, c. 38. A.D. 1827. "An Act for discontinuing certain Presentments by Constables." " Whereas in some parts of England the petty constables of the several parishes have, from a very remote period, been required to appear at a petty session held previously to every general gaol delivery and quarter session for the county in which such parishes are situate, and to make and sign before the justice or justices of the peace attending such yetty session certain presentments of various indictable and other offences: and whereas the said presentments are attended with considerable expense and loss of time, and have, in consequence of modern legislative provisions, become useless and improper : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, no petty constable shall be required at any petty session or elsewhere to make, nor shall any high constable be required at any general gaol delivery, great session, or general or quarter session of the peace in England to deliver any pre- sentment respecting popish recusants, persons absenting themselves from their parish church or any other place of religious worship licensed by authority, rogues and vagabonds, inmates, retailers of brandy, ingrossers, forestallers, re- graters, profane swearers and cursers, servants out of service, felonies, and rob- beries, unlicensed or disorderly alehouses, false weights and measures, highways and bridges, riots, routs, and unlawful assemblies, and whether the poor are well provided for, and the constables are legally chosen and sworn." Stat. 7 & 8 Geo. 4, cap. xli. CLXXXIV. Stat. 7 & 8 Georgii 4, cap. xli. A.D. 1827. "An Act to authorize a Sale to the respective Land Owners of all Tithes and Rectorial Dues belonging to the Rector?/ of Stoke-upon-Trent, in the County of Stafford ; for endowing two new Churches ; and for other Purposes." [Vide Stat. 58 Geo. 3, c. 45; Stat. 59 Geo. 3, c. 134; Stat, 3 Geo. 4, c. 72; Stat. 5 Geo. 4, c. 103 ; Stat. 47 Geo. 3, Sess. 2, cap. cxiv. ; Stat. 27 Geo. 3, c. 62 ; Stat. 32 Geo. 3, c. 88. The rector empowered to contract for sale of the tithes of the rectory. Patron and ordinary to consent to contracts, s. 1. The words " tithes" and "rectorial dues," to include all payments except mortuaries and surplice fees, s. 2. Governors of Queen Anne's Bounty may contract for purchase of the tithes, &C., where incumbents have not. s. 0. Considerations for purchase (1) shall consist of money, land, or rent charge, s. 8. Where the consideration is land, the same to (1) Considerations for purchase: — Vide The Manchester and Birmingham Railway Tomlinson {Rector of Stoie-tipon- Trent) v. Company, 2 Railw. Ca. 104. STATUTA GEORGII IV. A.D. 1820—1830. 1367 be annexed to the rectory as part of the glebe, s. 10. Where the consideration is Stat. 7 & 8 an annual rent, the same to be charged on messuages, &c, and payable to the rector Geo. 4, cap. and his successors, and to be subject to decennial revision according to the prices of ™- corn, hay, and beef. s. 11. Rector empowered, with consent of the bishop and patron, to sell certain glebe lands, s. 22. Power to rector to lay out streets, and make roads, bridges, and drains on such glebe land ; the same to be approved by the patron and ordinary, s. 23. Monies to be invested in the purchase of land, on the application of the rector, or patron, or ordinary, s. 31. Power to rector to grant leases of lands to be so purchased with consent of patron and ordinary, s. 32. Provi- sions for endowing two new churches as district rectories, s. 34. Divisions not to take place until after the incumbency of the present rector shall cease ; but the »- advowsons of such new rectories to be saleable before such division ; not to take away from the rector of Stoke-upon-Trent any glebe, tithes, &c. besides the parti- cular endowments authorized by the act. s. 38. Commissioners for building new churches may accept donations towards providing parsonage houses for new rec- tories, s. 39. Power to the bishop, patron, and rector to appropriate purchased lands in exchange and satisfaction of the yearly rent-charge payable to the rectors of Newcastle-under-Lyme, Burslem, Bucknall, and Bagnall, with consent of the patron and rectors thereof, s. 41. In case of making Hanley and Lane End chapels in separate districts, a further endowment to be made to each out of pur- chase monies from Easter dues, offerings, &c, and laid out in lands, s. 42. Sepa- rations not to take place during the incumbencies of the present curates of Hanley and Lane End chapels without their consent, nor till after the death, &c. of the present rector of Stoke-upon-Trent. s. 45.] CLXXXV. Stat. 7 & 8 Georgii 4, c. 43(1). [Ireland.] A.D. 1827. "An Act to consolidate and amend the Laws in force in Ireland for Unions and Divisions of Parishes, and for uniting or disappropriating appropriate Pa- rishes or Parts of Parishes, and to make further Provision with respect to the erecting Chapels of Ease, and making perpetual Cures." u Whereas several acts have been passed in the parliament of Ireland for unions and divisions of parishes, and for uniting or disappropriating appropriate parishes or parts of parishes ; and it is desirable that the provision's contained in such acts of parliament should be consolidated and amended : be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act the several acts hereinafter mentioned, or so much of such acts as is hereinafter specified or referred to, shall be repealed : that is to say, so much and such part only of an act passed in the second year of the reign of King George the First, intituled, 'An Act for real Union and Division of Parishes,' as relates to the real union and division of parishes ; and also so much of an act passed in the eighth year of the reign of the said king, intituled, 'An Act for the better enabling the Clergy having Cure of Souls to reside upon their respective Benefices and for the Encou- ragement of Protestant Schools within this Kingdom of Ireland,' as relates to the endowing of churches with glebes in the case of unions of parishes ; and also so much of an act passed in the tenth year of the reign of the said king, intituled, 'An Act for confirming the several Grants made by Her late Majesty of the First- fruits and Twentieth Parts payable out of Ecclesiastical Benefices in this King- dom, and also for giving the Archbishops and other ecclesiastical Persons four years' time for the Payment of First-fruits, and for incorporating the Trustees and Commissioners of the said First-fruits,' as relates to the payment of first-fruits by divided parishes ; and also so much of an act passed in the seventh year of the reign of King George the Second, intituled, ' An Act for continuing several tempo- rary Statutes, and for other Purposes therein mentioned,' as relates to the sepa- Stat. 7 & 8 Geo. 4, c. 43. [I*-] Certain Irish acts or parts of acts repealed; viz., 2 Geo. l,c. 14, in part; 8 Geo. l,c. 12, in part ; 10 Geo. l,c.7, in part ; 7 Geo. 2,c. 7, in part; ^1) Amended by Stat. 2 &3 Gul. 4, c. 67. 13G8 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 & 8 Geo. 4, c. 43. [Ik.] 9 Geo. 2, c. 12; 7 Geo. 3, c. 9, in part; 11 & 12 Geo. 3, c. 16, in part; 13 & 14 Geo. 3, c. 27, in part; 23&24 Geo. 3, c. 49, in part. Lord lieute- nant, with assent of the privy council, bishop, patrons, &c. may divide or unite parishes. Lord lieute- nant, &c. may in like manner separate or unite glebes, and annex the same to parishes. rating or uniting glebes belonging to parishes; and also the whole of an act passed in the ninth year of the reign of the said King George the Second, for explaining and amending the said first-recited act of the second year of King George the First ; and also so much of an act passed in the seventh year of the reign of his late majesty King George the Third, for explaining and amending the said first-recited act of the second year of King George the First, and for other purposes, as relates to the payment of money for buildings or improvements made in glebes in the case of real union and division of parishes ; and also so much of an act passsed in the eleventh and twelfth years of the reign of his said late majesty, intituled, 4 An Act for erecting parochial Chapels of Ease in Parishes of large extent, and making such Chapels, and those that are already erected, per- petual Cures, and for making a proper Provision for the Maintenance of perpetual Curates to officiate in the same ; and also in like manner for making appropriate Parishes perpetual Cures/ as relates to the uniting or disappropriating appropriate parishes ; and also so much of an act passed in the thirteenth and fourteenth years of his said late majesty, intituled, 4 An Act to amend an Act passed in the eighth year of His present Majesty, intituled, An Act for erecting two Chapels of Ease in the Parish of Armagh, and making such Chapels, and those that are already in said Parish, perpetual Cures, and for making a proper Provision for the Maintenance of perpetual Curates to officiate in the same, and for other Purposes,' as relates to the uniting or disappropriating appropriate parishes ; and also so much of an act passed in the twenty-third and twenty-fourth years of King George the Third, intituled, ' An Act for making appropriate Parishes belonging to Archbishops and Bishops perpetual Cures, and the better to enable such Archbishops and Bishops to endow and augment the Endowment of Vicarages and Curacies to them respec- tively appertaining ; and to render more effectual the several Acts now in force to enable the Clergy having Cure of Souls to reside on their respective Benefices, and to build on their respective Glebe Lands,' as relates to the uniting or disappropri- ating of appropriate parishes ; and the said several acts and parts of acts as afore- said are hereby respectively repealed accordingly. " II. And be it further enacted, that from and after the passing of this act, it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, with the assent of the major part of his majesty's privy council in Ireland* in council assembled, six at least consenting, and with the advice and approbation of the archbishop of the province and the bishop of the diocese, certified under their hands and archiepiscopal and episcopal seals, with the consent of the respective patrons, certified under their hands and seals, attested by two or more credible witnesses subscribing thereunto, to divide old parishes, or to separate any parish or part of a parish heretofore united, in whatever manner such union may have been effected, and to unite parishes one to another, or any part of a parish to another parish, or part of a parish in perpetuity, and to erect such divided or united parishes or parts of parishes, into new parishes, with all paro- chial rights. " 111.(1) And be it further enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, with such advice and approbation and in such manner as are hereinbefore mentioned, to divide and separate or to unite the glebe belonging to any parishes so divided and separated or united, and to annex such glebe, or any pait or proportion thereof, to such divided or united parish or parishes or parts thereof, which shall be erected into new parishes or united to others ; and that all such divisions and separations or unions of glebes shall be good, firm, and valid in law ; and that such glebe, or such part thereof as shall be so annexed, shall be always deemed and taken to be the glebe or glebes of such newly-erected or united parish or parishes ; and that the incumbents of any such newly-erected or united parish or parishes shall hold and enjoy such divided and separated or united part of such glebe, annexed to such newly-erected or united parish, in as full and ample manner to all intents and purposes as if such (1 ) Vide Stat. 3 8c 4 Gul. i, c. 37, s. 13. STATUTA GEORGII IV. A.D. 1820—1830. 1369 newly-erected or united parish had been an old parish, and as if such proportion Stat. 7 & 8 of glebe had been always held with and enjoyed as the glebe belonging to such Geo. 4, c. 43. newly-erected or united parish or parishes, any law or usage to the contrary not- L R,J withstanding. " IV. And be it further enacted, that where one or more parish or parishes, or Where pa- part of one or more parish or parishes, shall be united to another parish or parishes, gj^6^ *c*. are or to a part of any parish or parishes, in pursuance of this act, and the incumbent ^umbent &e~ of any the said united parishes, or of the parish or parishes whereof part only shall succeeding be so united to any other parish or parishes, shall die, resign, or be removed, then shall pay first- the next incumbent or person succeeding in the place of him so dying, resigning, fruits- or being removed, shall be chargeable with and shall accordingly pay the first- fruits of such parish or parishes, or part of parish or parishes, so united, as if he were legally collated or instituted and inducted to the same ; and to the end that such incumbent may be charged with such first-fruits, the archbishops and bishops of Ireland are hereby respectively required, each in his own diocese, to make and return to the first-fruits' office a certificate of the death, removal, or resignation of such incumbent or incumbents of any such parish or parishes, or part of parish or parishes, so united, and the name of the next incumbent or person succeeding in the place of him so dying, resigning, or being removed as aforesaid, together with the several and particular denominations of each divided and united parish or parishes, within such time and in such and the same manner as certificates are or usually have been made and returned upon the institution or collation of incum- bents to livings or benefices in Ireland. " V. And in order to prevent any disputes which might arise upon the appor- The bishop, tioning the first-fruits, crown rents, port corn rents, pensions, procurations, on application synodals, and salaries payable to the schoolmasters of the diocesan schools by the ^enTof divi™e"d several incumbents of such divided or united parishes, be it enacted, that upon the or united pa- application of any incumbent of any such divided or united parish or parishes to rishes, shall the bishop of the diocese in which such divided or united parish lies, it shall be inquire the lawful for such bishop, and he is hereby empowered and directed, to inquire into J^ue ^ ortiorf the value of such parishes or parts of parishes as are separated and divided from 0f nrst.fruits the old parish, and erected into the new parish, and to settle and adjust the pro- &c; portion of first-fruits, crown rents, port corn rents, pensions, procurations, and synodals, and the salaries of the said schoolmasters, which the incumbent of such old divided parish and newly-erected parish is to pay ; which adjudication, being in writing, and signed and sealed by the said bishop, and registered in the register book of the said bishop, shall be the proportion which the incumbent of such newly-erected parish is to pay, and shall be binding and conclusive upon the several incumbents of such divided and united parish and parishes, and their successors ; any law to the contrary notwithstanding. " VI. And be it further enacted, that such adjudication being made by the and return into bishop of the diocese in manner as aforesaid, a certificate of so much thereof as tne Exchequer relates to the proportion of first-fruits, crown rent, and port corn rent, wherewith aJ^rtificate of the said old divided parishes and new erected parishes are to be charged by the said tions,PbyPwhicb adjudication, shall be returned by the bishop of the diocese under his episcopal seal the parishes into his majesty's court of Exchequer, there to be filed of record ; and such old sha11 be divided parishes and newly-erected parishes shall be charged in all process to be charSed m issued out of the said court for first-fruits, crown rent, and port corn rent, accord- process* ing to the proportion certified as aforesaid, and not otherwise ; any law or usage to the contrary notwithstanding. " VII. And be it further enacted, that after presentation and institution or For election collation, and also induction of any clerk or incumbent to any such united parish, of parish offi- such clerk or incumbent, with the parishioners and inhabitants of such parish or cers in such parts of parish which shall be then vacant and become part of such united parish, p^i°/0thett in » . | . . 1 * " union as are shall proceed to the election and appointment of churchwardens and other parish vacant, officers, as by law they might have done if the other part of such united parish had become void ; which churchwardens and other parish officers shall from time to time be elected and appointed in manner required by law, as churchwardens and 1370 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 & 8 Geo. 4, c. 43. [Ia.] Incumbent of divided parish shall receive from his suc- cessor, a pro- portion of amount of such improvements, although ex- ceeding two years' income. On death or removal of incumbent of any newly - erected parish, the patron en- titled to the first avoidance may present to such new parish. Clerk so pre- sented may be inducted ; and may qualify in any church in the vacant part, or in the old parish church, and enter on the cure of souls, &c. On death or removal of the other incum- bents, the clerk so pre- sented S iall be the full an - other parish officers are in other parishes elected and appointed, till the other parts of such united parish shall become void ; and after such avoidance the election and appointment of such churchwardens and other parish officers of such united parish shall be in the same manner, and at the same time, and by the same persons, as is required by law in the other parishes of the diocese in which such united or newly- erected parish lies and is situated. " VIII. And be it further enacted, that where any large parish shall be divided in manner as in this act is mentioned, and that the incumbent of any such divided parish shall be entitled to receive any sum of money from his next successor in any such parish, in case the same had not been divided, on account of any purchase of glebe or addition to the glebe, or of any buildings or improvements made on the glebe of such parish, or any money paid by him to his predecessor on such account, according to the laws in force for that purpose, such incumbent shall have and be entitled to receive from his next successor in that part of such divided parish within which such additional glebe shall be situate, or on which such buildings and improvements shall have been made, the same sum as he would have been entitled to receive if the said parish had not been divided, although the sum so to be received should exceed two years' income of that part of the parish ; and such incumbent, having paid such proportion of the said money, shall be entitled to receive such proportion of the money so to be paid from his successors, according to the laws in force for that purpose, in such manner as he ought in case such parish had not been divided. " IX. And be it further enacted, that where any such union or unions shall be made by virtue of this act, and a new parish erected, and it shall happen that any incumbent enjoying any parish or part of a parish so united to any other parish or part of a parish constituting the newly-erected parish shall die or be removed, whereby the parish or part of a parish which such incumbent so dying or removed held and enjoyed is no longer an old parish or part of an old parish, but is become part of the united and newly-erected parish, it shall and may be lawful, from and after the death or removal of such incumbent, to and for the patron or patrons of such united and newly-erected parish, who by law is or are entitled to present or collate to the first turn upon the avoidance of such newly-erected parish, to present or collate his clerk to such newly-erected parish by the name or description which such newly-erected parish is distinguished or called by in the act of council esta- blishing such union and erecting such parish, as if all the incumbents of such united and newly-erected parish were then dead or removed, and as if such united and newly-erected parish were then entirely void ; and upon such presentation, and institution thereupon, or collation, the clerk so presented and instituted or collated shall be entitled to induction to the said united and newly-erected parish, as if all the incumbents were dead or removed, and may be inducted into the parish or part of a parish which shall be then void, without waiting for the death or removal of the other incumbent or incumbents, and may perform all matters and things for the qualifying or entitling himself, as by law is required, to the said united parish, in any church, if any such there be in that parish or part of a parish then become vacant, and in case there be no church upon such parish or part of a parish so vacant, then in the old parish church of the parish from whence such part of a parish is taken ; and such clerk so presented and instituted or collated, and also inducted, shall then enter upon the cure of souls, and take and receive all such tithes, duties, or other profits, in such vacant parish or part of a parish, in as large and ample a manner as the old and former incumbent so dying or removed was by law entitled to have, take, and receive in such parish or part of a parish before it became void. " X. And be it further enacted, that such clerk so presented and instituted or collated, and so inducted, in pursuance of this act, into such united or newly-erected parish, upon the death or removal of the other incumbent or incumbents of the other parishes or parts of a parish, constituting such union, and erected into the said new parish, as they respectively become void, shall and may enter upon the cure of souls, and take and receive such tithes, duties, and other profits, as the said STATUTA GEORGII IV. A.D. 1820-1830. 1371 former incumbent or incumbents so dying or removed was or were by law entitled to in such parish or part of a parish then become part of the said united or newly- erected parish ; and such clerk so presented and instituted or collated, and inducted in pursuance of this act, to such united parish, and having performed all other matters and things which by law he was required to do and perform, shall, upon the death or removal of every such other incumbent, be full and lawful incumbent of all the said united and newly-erected parish, without any new presentation and institution, collation or induction, to all intents and purposes whatsoever, and shall have the same right, title, and interest in and to the said united and newly-erected parish, and to all tithes, duties, profits, and perquisites thereunto belonging or appertaining, in as large and ample maimer as he could or might have had if such clerk had been separately presented and instituted, or collated and inducted, into every of the said parishes or parts of parishes, as they respectively became void, and as the old and former incumbents, or any of them, were by law entitled to have and receive the same. " XI. And be it further enacted, that in case of the death or removal of such clerk, instituted or collated and inducted in pursuance of this act, before the other parish or parts of a parish completing the said united or newly-erected parish shall become void by the death or removal of the incumbent or incumbents thereof, the patron or patrons of such united or newly-erected parish whose turn it shall be then to institute and present, or collate and. induct, may in like manner institute and present, or collate and induct, to the said united or newly-erected parish, and such clerk so presented and instituted or collated, and also inducted, shall hold and enjoy the said united or newly-erected parish, or such parts of it as are then vacant, or which shall thereafter become vacant by the death or removal of the other incumbent or incumbents, in the same and as large and ample manner as the former incumbents presented and instituted, or collated and inducted, by virtue of this act, did, might, or could have held and enjoyed the same, and in like manner, so often as any part of such united and newly-erected parish shall become void by the death or removal of any such incumbent or incumbents, and until all the several parishes or parts of parishes so united shall become void, and fallen into the said united and newly-erected parish, so as to render the said union complete and per- fect : saving to the other incumbents of the parishes or parts of parishes so united and made part of the said newly-erected parish, until the same shall become void, their several rights, titles, and interests in and to their respective parishes, or part or parts of parishes, during their respective incumbrances, as though no clerk had been presented and instituted, or collated and inducted, to such united and newly- erected parish, in pursuance of this act. " XII. And be it further enacted, that in case it shall happen that there shall not be any church upon any such parish or part of a parish so becoming vacant, then the person duly authorized to give induction shall and may deliver a sod or turf to such clerk, in the name of seisin and possession of such united and newly-erected parish, which is hereby declared to be a good and valid induction to all intents and purposes whatsoever. " XIII. And be it further enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, with the assent, approbation, and consent of such persons, and in such manner as in this act is hereinbefore required, mentioned, and directed, concerning the uniting or dividing of parishes or parts of parishes, to unite appropriate parishes, and to dis- appropriate appropriate parishes or part of such parishes, and to unite such disap- propriate parishes or part of such parishes to another parish, and to erect such divided and united parishes into new parishes with all parochial rights. " XIV. Provided always, and be it enacted, that where the assent of the king's majesty, his heirs or successors, is to be given to the making any unions or divi- sions of parishes or parts of parishes, or of appropriate parishes or of parts of sucli parishes, or for establishing perpetual curacies and chapels of ease within districts to be respectively formed from contiguous portions of two or more adjoining parishes by virtue of this act, the consent of the lord lieutenant or other chief Stat. 7 & 8 Geo. 4, c. 43. [I*.] cumbent of the whole new parish, without further pre- sentation. In case of death, &c. of clerk so pre- sented, the patron next in turn may pre- sent, &c. until the union is complete. Saving rights of other existing incumbents. When no church exists, seisin of the parish may be given by deli- very of a sod. Lord lieute- nant, &c. may unite appro- priate parishes, or part thereof, into new parishes. Assent of the king, being patron, may be signified by the lord lieu- tenant. 1372 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 7 & 8 Geo. 4, c. 43. [Ik.] Consent of dean and chap- ter, or arch- deacon and clergy, re- quired to dis- appropriations. Archbishop, &c. with con- sent of dean and chapter, &c. may unite appropriate parishes, not exceeding 100/. a year. Persons who before union were obliged to repair chan- cels, shall after union contri- bute rateably, to be settled by consent, or by order of lord chancellor. Impropriators liable to pro- vide curates shall after union contri- bute rateably. governor or governors of Ireland for the time being, under his and their hands and seals, to such unions and divisions, or establishment of perpetual curacies and chapels of ease, shall to all intents and purposes be as good and valid in law as if the consent of his majesty, his heirs or successors, was thereunto signified by letters patent under the great seal of Ireland ; provided always, that such consent of the lord lieutenant, or other chief governor or governors as aforesaid, be enrolled in the rolls office of the high court of Chancery of Ireland within six calendar months after the date thereof ; for the enrolment whereof three shillings and four pence and no more shall be paid, over and above the expenses usually paid to the engrossing clerk for the same. " XV. And be it further enacted, that any disappropriation of appropriate parishes, in the manner hereinbefore mentioned, shall not be made in any diocese, unless with the consent of the dean and chapter, under their corporate seal, two thirds at least of the members of such chapter being present and consenting ; or where there is not any dean and chapter, with the consent of the archdeacon and major part of the beneficed clergy of such diocese, to be testified in writing under their respective hands and seals. " XVI. And be it further enacted, that when any parish or parishes appropriate belong to and are annexed to any archbishopric or bishopric in Ireland, it shall and may be lawful for any archbishop, with the consent of the dean and chapter of the diocese, and where there is not any dean and chapter, then with the consent of the major part of the beneficed clergy of the diocese, and also of the archbishop of the province and patron of such parish, under their hands and seals, to unite two or more of such appropriate parishes into one perpetual cure, and to unite one or more such appropriate parish or parishes to any one benefice or benefices contiguous thereto, provided the entire value of each of such respective unions do not exceed one hundred pounds by the year. " XVII. And whereas in the union of the several parishes which may hereafter he united by virtue of this act there may he several appropriate rectories, and no vicarage within the same ; and the rectorial tithes and other profits arising within such respective rectories are to remain, notwithstanding such union, payable to the appropriators or impropriators thereof, and who by reason thereof might by law be obliged to repair the respective chancels belonging to such rectories, and to find a sufficient curate or curates for the performance of divine service and for the cure of souls within the same, before such union ; be it enacted, that wherever it shall happen in any union to be made by virtue of this act, that there shall be an impropriate or appropriate rectory within the same, the rector, impropriator, or possessor of which was, before the making of such union, by law obliged to repair the chancel belonging to the parish church of the said rectory, such rector, impro- priator, or possessor respectively, his heirs, successors, and assigns, shall, from and after such union so made by virtue of this act, during the continuance of such union, be discharged from repairing of such chancel respectively, and shall, in lieu and instead of repairing the chancel of such rectory, be obliged to contribute a rateable share or proportion, according to the value of the profits arising out of such rectories, to and for the repair of the new chancel of the said united parishes ; and such rateable share or proportion shall be settled and adjusted by consent of all parties concerned in interest before such union be made ; or in case of any failure of such consent, then such share or proportion shall be ascertained by a decree or order of the court of Chancery in Ireland, on proper application thereto : and if any other person was obliged to repair the chancel of any of the other parish churches so united before such union, every such person and his successors shall he obliged to pay a rateable share towards the repair of the new chancel. " XVIII. And whereas in some impropriate parishes the impropriators or pos- sessors of the tithes of such parishes are obliged by law to find a curate to serve the cure of the said parishes ; be it therefore enacted, that in case such parishes so appropriate or impropriate shall be united pursuant to this act to any other parish or parishes, such impropriator or possessor shall be discharged of and from finding a curate for such parishes so united, and shall be only obliged to contribute his STATUTA GEORGII IV. A.D. 1820—1830. 1373 proportion rateably with the other parishes to which such impropriate or appro- priate parish shall be united, for the maintenance and support of the curate or minister of such united parishes, and which rateable share or proportion shall be settled and adjusted in like manner as is hereinbefore directed with respect to the repair of chancels. " XIX. And be it further enacted, that when two or more churches or parishes shall be united into one in pursuance of this act, having formerly had distinct patrons, in such cases the lord lieutenant or other chief governor or governors of Ireland for the time being, and council as aforesaid, with the advice and approba- tion of the respective archbishop and bishop in whose province and diocese the said churches were situate, shall divide the patronage by turns among the patrons, giving to each of them a right to present oftener and seldomer, according to the true yearly value of the respective parish or parishes whereof they are patrons, the consent of each patron being first had and entered in the instrument for erecting the said union ; and such settlement or settlements as aforesaid shall be final and binding to all patrons, whether ecclesiastical or lay patrons, and to all parties, for ever ; reserving always unto every archbishop and bishop, registrars and school- masters, their respective dues payable out of every such parish so united : provided always, that where the king's majesty, his heirs and successors, is or shall be entitled to the presentation of any of the said parish churches so to be united, he and they shall, from and immediately after such union, upon the then first vacancy, have the first presentation of an incumbent unto such united church, and afterwards, upon the then next vacancy, the other respective patrons severally, as the lord lieutenant or other chief governor or governors and council aforesaid, with the advice and approbation aforesaid, shall direct and appoint, regard being had to the respective values of the several parishes so to be united as aforesaid ; and so in course respectively in manner aforesaid. " XX. And be it further enacted, that no owner or proprietor of any rectory impropriate, having the patronage of the vicarage of the church, shall, by only ] resenting in his turn a clerk to any union made by virtue of this act, be judged in law to disappropriate his rectory, unless such person making such presentation shall, by express words contained therein, plainly signify his design and intent to make such disappropriation, and that such presentation be under the hand and seal of the patron so presenting, attested by two or more credible persons ; any former law or usage to the contrary notwithstanding. " XXI. And be it further enacted, that from and after the passing of this act, any archbishop or bishop of any diocese in Ireland who shall unite any two or more benefices or parishes together, shall, within fourteen days after making the order of such union, report the same, together with the reasons for making such union, to the lord lieutenant in council ; and if such union be not disapproved by the lord lieutenant in council within six weeks from the date of such order being received at the council office in Dublin Castle, such union shall be valid and effec- tual to all intents and purposes whatsoever ; but that all and every archiepiscopal or episcopal union of benefices or parishes which shall not be so reported, or which shall be within such period as aforesaid disapproved by the lord lieutenant in council, shall be null and void, without any suit, judgment, or process of law. " XXII. And be it further enacted, that all real unions and divisions to be made by virtue of this act shall be enrolled in the rolls office of the high court of Chancery in Ireland within six calendar months after the making thereof, for the enrolment whereof respectively the fee of three shillings and four-pence and no more shall be paid, over and above the expenses usually paid to the ingrossing clerk for the same ; and every instrument under the hands of the lord lieute- nant or other chief governor or governors of Ireland, and council, testifying such union or division, shall contain in it a clause or proviso that the same shall be enrolled in six calendar months after the date thereof, or else to be void and of no effect. " XXIII. And whereas by the said act passed in the parliament of Ireland in the eleventh and twelfth years of the reign of his late majesty King George the Stat. 7 & S Geo. 4, c. 43. [I*.] Lord lieute- nant, &c. shall divide the patronage by- turns; the king, where entitled to any presentation, shall have the first turn. Owner of rec- tory impro- priate shall not, by pre- senting to union, disap- propriate his rectory by implication. Unions of parishes shall not be made by bishops without con- sent of the lord lieutenant in council. Unions, &c. shall be en- rolled in Chan- cery within mx months; fee, 3s. Ad. Irish act, 11 & 12 Geo. 3, c. 16. 1374 STATUTA GEORGII IV. A.D. 1820—1330. Stat. 7 & 8 Geo. 4, c. 43. [la.] Churches or chapels may be erected by archbishops or bishops, in districts con- sisting of con- tiguous por- tions of parishes. Districts shall be ascertained by an instru- ment under the episcopal seal ; subject to approval by lord lieutenant. Such districts to be distinct, and the churches or chapels to be deemed perpe- tual cures. Curates thereof shall be capable of receiving emoluments, &c. Curatenaaay build on glebe, and receive his proportion from succes- sors. Third, intituled, 'An Act for erecting Parochial Chapels of Ease in Parishes of large Extent, and making such Chapels, and those that are already erected, Perpe- tual Cures ; and for making a proper Provision for the Maintenance of Perpetual Curates to officiate in the same, and also in like manner for making Appropriate Parishes Perpetual Cures,' it is enacted, that it shall and may be lawful to and for the several archbishops and bishops of Ireland, and their successors, to erect or cause to be erected new churches or chapels in convenient places within such parishes, as to the said archbishops and bishops respectively shall seem proper : and whereas many parishes in Ireland are not sufficiently large, severally and sepa- rately, to support chapels of ease ; be it enacted, that from and after the passing of this act it shall and may be lawful for the several archbishops and bishops of Ire- land, and their successors, within their respective dioceses, to erect or cause to be erected new churches or chapels in convenient places within districts to be respec- tively formed from contiguous portions of two or more adjoining parishes, as to the said archbishops and bishops respectively, and to their successors, shall seem proper, in manner hereinafter directed. "XXIV. And be it further enacted, that before any such church or chapel shall be erected in or for any district, the bounds for such district shall be ascer- tained by an instrument in manner following ; that is to say, the archbishop or bishop of the diocese, by writing under his hand and archiepiscopal or episcopal seal, shall and may set out and describe the bounds of such district, and the several townlands which shall be comprised within any such district respectively ; and a copy of such instrument shall, within fourteen days from the date thereof, be transmitted to each of the several incumbents of the parishes from which such district shall be formed, and also to the lord lieutenant in council ; and the lord lieutenant in council shall hear and determine any objections which may be made by or on behalf of any such incumbents, and shall confirm or alter the bounds of the district so set out and described in such instrument, as the circumstances of the case may appear to require, and shall order such instrument to be altered accordingly : provided always, that such instrument so altered by any such order, or if no order shall be made thereupon by the lord lieutenant in council within six weeks after the date of the transmission of the copy of such instrument to the council office in Dublin Castle, then such instrument, as originally transmitted, shall be entered in the registry of the diocese, for which entry the sum of thir- teen shillings and four-pence, and no more, shall be paid to the registrar, and shall also be enrolled in the rolls office of the court of Chancery in Ireland, for which enrolment the sum of thirteen shillings and four-pence, and no more, shall be paid, over and above the expenses usually paid to the ingrossing clerk for the same. "XXV. And be it further enacted, that upon and after the registry and enrolment of any such instrument, the district therein set out and described shall be deemed and reputed to be a several and distinct district or parish for the purposes of this act, and shall be called and known by such name as shall be given thereto by such instrument ; and every church or chapel to be erected in such district shall be deemed a perpetual cure : and the curate of every such church or chapel respectively, when duly nominated and licensed, and his successors, shall be and become bodies politic and corporate, and shall be capable of receiving any endowment from any archbishop or bishop respectively, or their successors, or from the rectors or incumbents of such adjoining parishes, or their successors or any other bodies corporate or politic, or any other person or persons, and to take and receive augmentations from the trustees and commissioners of the first-fruits of ecclesiastical benefices, in such manner as any curate of any impropriate or appropriate parish, or chapel of ease or perpetual cure, is by any laws in force in Ireland qualified to take the same ; and from and after the time when any of the said cures shall be endowed with sufficient quantity of glebe, it shall and may be lawful for any such curate, with the approbation of the archbishop or bishop of the diocese, to make such buildings and improvements on such glebe, and he shall be entitled to receive such proportion of the money expended in making or building the same from his next successor, as any curate of any impropriate or STATUTA GEORGII IV. A.D. 1820-1830. 1375 Vestries shall be held, and churchwardens districts, as in the case of chapels of ease, &c. appropriate parish, or chapel of ease or perpetual cure, is or shall be entitled unto Stat. 7 & 8 for buildings on the glebe of his curacy; and all other provisions for encouraging Geo 4, c. 43. the making buildings and improvements on glebes belonging to the curates of L *-J impropriate or appropriate parishes, or chapels of ease or perpetual cures, shall AUprg^n^ extend to curates of perpetual cures under this act respectively, in the same glebesextended manner as they now do to the curates of impropriate or appropriate parishes, or to such curat* s. chapels of ease or perpetual cures. "XXVI. And be it further enacted, that from and after the execution, registry, and enrolment of any such instrument, as before directed, it shall and may be lawful for the archbishop or bishop of the diocese to appoint vestries to be held for ^^"^d anv and every such intended district, as a separate parish, and two churchwardens assessments to be chosen, and sums of money to be assessed, in the same manner and subject made,Jn such to the same provisions as vestries are directed to be held, and churchwardens chosen, and sums assessed for chapels of ease or perpetual cures, under the direc- tions of the said recited acts of the eleventh and twelfth years of King George the Third ; and that every such district or new parish shall be subject to all the same provisions with regard to vestries, elections of churchwardens and other parochial officers, church rates, assessments and applotments, and salaries for parish clerks and sextons, as other impropriate or appropriate curacies, or chapels of ease or per- petual cures, are now subject by the said act, or by any other act or acts in force in Ireland. "XXVII. And be it further enacted, that it shall and may be lawful for the archbishop or bishop of the diocese in which any such district or new parish shall be formed, and he is hereby required to determine, in and by such instrument as aforesaid, the rates and proportions of salary which each of the incumbents of the adjoining parishes out of which such district shall be formed shall pay to the curate of such district or parish, and to regulate the manner in which each of such in- cumbents shall, on vacancies of the said curacy, nominate to the said archbishop or bishop, or their successors, a sufficient curate, and also to appoint which of the incumbents shall first nominate, and the order in which the several incumbents of all such adjoining parishes shall in their turn nominate such curate ; and so soon as any such church or chapel shall be erected and set apart for divine worship, the rector or incumbent of one of the said adjoining parishes, whose turn it shall be, shall nominate to the said archbishop or bishop of the diocese a sufficient curate for such church or chapel ; and such curate shall be approved of and licensed by such archbishop or bishop, in such manner as other curates are by law to be licensed and approved of ; and upon every vacancy of any such cure, by the death or removal of such curate, or by his acceptance of any other cure, or of any benefice with cure of souls, another curate shall be nominated by the rector or incumbent of such of the said adjoining parishes whose turn it shall be so to nominate, in manner afore- said ; and in case the rector or incumbent of any such adjoining parish for the time being, whose turn it shall be so to nominate, shall fail or neglect to nominate a curate for the space of two months next after any such church or chapel shall be h7s~tunT the erected and set apart, or next after any such vacancy shall happen, such incumbent nomination shall forfeit and lose his turn for that time, and it shall and may be lawful for the shall lapse to archbishop or bishop respectively to appoint and license a curate for the district ^e bishop, where such failure shall happen ; and such archbishop or bishop shall in all cases Allocation of allocate such salary for every such curate, so to be nominated and appointed and licensed for any of the said cures, as such archbishop or bishop is enabled to do by the laws in force in Ireland in other cases of perpetual cures. u XXVIII. And be it further enacted, that if the rector or incumbent of any of such adjoining parishes shall by deed in writing, with the consent of the arch- bishop or bishop of the diocese, and of the patron, and the dean and chapter of the said diocese where there is a dean and chapter, or in any diocese where there is no dean and chapter, then by the consent of the major part of the beneficed clergy at their respective visitations, testified by their being parties to and affixing their hands and seals to such writing, endow any such cure with a competent portion of glebe or tithes for or towards the maintenance of the curate, such rector or Bishop shall ascertain the rate and pro portion of salary to be paid to curates by incumbents, and their turns of nomination. "When the church is erected, the curate to be nominated. Nomination on vacancies. If any incum- bent neglect to nominate in salary. Incumbent en- dowing curacy with any glebe or tithes, dis- charged from paying salary to curate. 1376 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 7 & 8 Geo. 4, c. 43. [Ik.] Districts under this act shall have all paro- chial rights. Cure of souls shall remain in incumbents of former parishes. Where church or chapel is already erected, the district may be formed, the bounds ascertained, and church made a perpe- tual cure. incumbent, and his successors, shall from thenceforth be discharged from the pay- ment of the proportion of the salary of the curate so endowed ; and such writing shall be registered in the registry of the diocese, and enrolled in the rolls office of the Chancery of Ireland, for which enrolment the same fee as is hereinbefore specified, and no more, shall be paid. " XXIX. And be it further enacted, that every such district or new parish, to be formed under the authority of this act, shall have all parochial rights by law appertaining to any parish, for the purposes in this act mentioned as aforesaid, and for all other purposes whatsoever, in like manner to all intents and purposes as other parishes may by law be entitled unto ; and that every such district or new parish shall be discharged and exempted from all claims and charges whatsoever, as part of any former parish or parishes ; saving nevertheless to the rectors or incumbents of the several adjoining parishes, and their successors, all their rights as rectors or incumbents of the respective portions of such districts. " XXX. Provided always, and be it enacted, that this act shall not be construed so as to discharge any rector or incumbent of any such adjoining parish, or his suc- cessors, from the cure of souls, or any other parochial duties within the portions of their respective parishes which shall make part of such intended district, but such cure of souls and duties shall remain in them respectively as before the passing of this act. " XXXI. And be it further enacted, that if it shall appear proper to any arch- bishop or bishop in Ireland, in the manner and under the regulations prescribed in the said act of the eleventh and twelfth years of his late majesty George the Third, or of this act, to form any district from a portion of any parish, or from any con- tiguous portion of two or more adjoining parishes, and if in any such portion of a parish a church or chapel shall have been previously erected for the accommodation of the inhabitants of such parish who may live at a distance from the parish church, it shall and may be lawful for such archbishop or bishop to form such district, and to ascertain the bounds thereof in the manner required by law, and to make the church or chapel within such district a perpetual cure, although such church or chapel may have been erected before the formation of such district, or the ascer- tainment of the bounds thereof; anything in the said act of the eleventh and twelfth years of his late majesty, or of this act, to the contrary notwithstanding." Stat. 7 & 8 Geo. 4, c. 44. [I*-] The offices of judge of the Prerogative and Faculty courts in Ire- land shall be considered and held as one office. CLXXXVI. Stat. 7 & 8 Georgii 4, c. 44. [Ireland.] A.D. 1827. "An Act to provide for the Payment of a Salary (in lieu of Fees) to the Judge of the Prerogative Court and Court of Faculties in Ireland" "Whereas the offices of judge or commissary of his majesty's court of Prero- gative for causes ecclesiastical, and commissary of his majesty's court of Faculties, in and throughout the whole of that part of the United Kingdom called Ireland, are judicial offices, and have always hitherto been held and enjoyed by one and the same person : and whereas it is expedient that provision should be made for the paymemt of a certain annual salary to the judge or person holding or who shall hold the said offices jointly, and that such salary should be in lieu of all fees and emoluments whatsoever receivable by such judge or person, and that all such fees should be applied to the public use : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, the office of judge or commissary of his majesty's court of Prerogative for causes ecclesiastical, and the office of commissary of his majesty's court of Faculties, in and throughout that part of the United Kingdom called Ireland, both which offices are held and enjoyed by the present judge or commissary thereof, shall from thenceforth for ever continue to be jointly held and enjoyed by one and the same person, and shall from time to time for ever be granted and held as one office, and that the person holding such office shall be styled the judge or commissary of his majesty's court of Prerogative for causes ecclesiastical and court of Faculties in and through- STATUTA GEORGII IV. A.D. 1820-18SO. 1377 out Ireland ; and that no fees or pecuniary profits whatever, other than and except the salary permitted by this act, shall, from and after the fifth day of July one thousand eight hundred and twenty-seven, be received by or shall be payable to or to the use of the person holding or who shall hold the said office in respect of the execution of the said office, any act or acts of parliament, or any law, usage, or custom to the contrary in anywise notwithstanding ; and that from and after the said fifth day of July, one thousand eight hundred and twenty-seven, all fees and pecuniary profits heretofore payable to the use of the holder of the office or offices aforesaid, shall be collected and applied to the public service in manner hereinafter mentioned and directed." Stat. 7 & 8 Geo. 4, c. 44. [IR.] Fees shall not be received for the use of the judge, but shall be ap- plied to the public service. CLXXXVII. Stat. 7 & 8 Georgii 4, cap. xlv. A.D. 1827. "An Act to confirm an Exchange made of certain Parts of the Lands belonging xjy to the Vicar of Saint Werburgh, in the County of Derby." Stat. 7 & 8 Geo. 4, cap. CLXXXVTII. Stat. 7 & 8 Georgii 4, cap. xlix. A.D. 1827. "An Act for dividing, inclosing, and exonerating from Tithes, the open and common Fields, Meadows, Pastures, Fens, Ings, and Waste Lands, in the Parish of Washingborough, in the County of Lincoln, and Township of Heighington in the same Parish ; and also for embanking, draining, and improving certain Lands within the same Parish and Township." Stat. 7 & 8 Geo. 4, cap. xlix. CLXXXIX. Stat. 7 & 8 Georgii 4, cap. xlix. A.D. 1827. Stat. 7 & 8 Geo. 4, cap. "An Act for carrying into effect an Agreement for Sale of certain Messuages x\\x. or Tenements, and Parcels of G-round, in the Parish of Saint Andrew Holborn, in the County of Middlesex, Part of the Possessions of the See of Bangor ; and for applying the Money arising therefrom in manner therein mentioned." CXC. Stat. 7 & 8 Georgii 4, cap. 1. A.D. 1827. "An Act to explain and amend certain Acts passed in the forty-seventh and fifty- jvrst years of the Reign of His late Majesty, and in the first and fifth years of the- Reign of His present Majesty, for enabling the Archbishop of Canterbury to grant Building and Repairing Leases." Stat. 7 & 8 Geo. 4, cap. 1. CXCI. Stat. 7 & 8 Georgii 4, cap. liv. A.D. 1827. Stat. 7 & 8 "An Act for enabling the Bishop of London and his Successors to grant Licences j^0' 4' ca^' to demise the Copyholds within the Manor of Fulham, in the County of Mid- dlesex, for building upon and improving the same." CXCII. Stat. 7 & 8 Georgii 4, cap. lvii. A.D. 1827. Stat. 7 & 8 "An Act to enable the Lord Bishop of Carlisle to grant a Lease, with Powers of ^F:°' 4' cav' Renewal, of Hereditaments in the Parish of Lambeth, in the County of Surrey ; and to authorize the- granting of Sub-leases for building thereon, and for other Purposes." & 8 CXCIII. Stat. 7 & 8 Georgii 4, cap. lviii. A.D. 1827. Stat. 7 "An Act for enabling the Master and Brethren of the Hospital of Saint Mary 4' cnP Magdalene, within the Town and County of Newcastle-upon-Tyne, to erect a v1"' Chapel on Part of their Possessions in the said Town, and for regulating the Performance of Divine Service therein; and also for carrying into effect an Exchange between the said Master and Brethren and Ralph Naters, Esquire; and also for enabling the said Master and Brethren to grant Building, Re- pairing, and other Leases of their Estates" 4 T 1378 STATUTA GEORGII IV. A.D. 1820—1330. Stat. 7 &8 CXCIV. Stat. 7 & 8 Georgii 4, c. 60(1). [Ireland.] A.I). 1827. [lu°] ^' C uAn Act to amend the Acts for the establishing of Compositions for Tithes in Ireland." Stat. 7 & 8 Geo. 4, cap. lxi. CXCV. Stat. 7 & 8 Georgii 4, cap. lxi. A.D. 1827. 'An Act to amend and enlarge the Powers of an Act of the fifty-seventh year of His late Majesty King George the Third, for enabling the Trustees of the Charity Estates of William HicJcey, deceased, situate at Richmond in the County of Surrey, to grant Building and Repairing Leases thereof." Stat. 7 & 8 Geo. 4, c. 62. 31 Geo. 3, c. 31. Governor or lieutenant- governor, &c. empowered to sell part of clergy reserves in Canada. Limiting the quantity of CXCVI. Stat. 7 & 8 Georgii 4, c. 62(2). A.D. 1827. "An Act to authorize the Sale of a Part of the Clergy Reserves in the Pro- vinces of Upper and Lower Canada." " Whereas by an act passed in the thirty-first year of the reign of his late majesty King George the Third, intituled, ' An Act to repeal certain Parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America, and to make further Provision for the Government of the said Province,"' it is amongst other things enacted, that it shall and may be lawful for his majesty, his heirs, or successors, to authorize the governor or lieutenant-governor of each of the provinces of Upper Canada and Lower Canada respectively, or the person administering the government therein, to make, from and out of the lands of the crown within such provinces, such allotment and appropriation of lands as therein mentioned, for the support and maintenance of a protestant clergy within the same ; and it was further enacted, that all and every the rents, profits, or emoluments, which might at any time arise from such lands so allotted and appro- priated as aforesaid, should be applicable solely for the maintenance and support of a protestant clergy within the province in whic i the same should be situated, and to no other purpose whatever : and whereas in pursuance of the said act such allot- ments and appropriation of land as aforesaid have from time to time been reserved for the purposes therein mentioned ; which lands are known within the said pro- vinces by the name of ' The Clergy Reserves :' and whereas the said clergy reserves have in great part remained waste and unproductive, from the want of capital to be employed in the cultivation thereof ; and it is expedient to authorize the sale of certain parts of such clergy reserves, to the intent that the monies arising from such sale may be employed in the improvement of the remaining part of the said clergy reserves, or otherwise, for the purposes for which the said lands are so reserved as aforesaid : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for the governor and lieutenant-governor, or officer administering the government of the said provinces, or either of them, with the consent of the executive council appointed within such province for the affairs thereof, in pursuance of any instructions which may be issued to such governor, lieutenant-governor, or other officer as aforesaid, by his majesty, through one of his principal secretaries of state, to sell, alienate, and convey, in fee-simple,, or for any less estate or interest, a part of the said clergy reserves in each of the said pro- vinces, (not exceeding in either province one fourth of the reserves within such province,) upon, under, and subject to such conditions, provisoes, and regulations, as his majesty, by any such instructions as aforesaid, shall be pleased to direct and appoint : provided nevertheless, that the quantity of the said clergy reserves so to be sold as aforesaid in any one year, in either of the said provinces, shall not in the (1) Vide Stat. 2 & 3 Gul.4, c. 119; Stat. 9 Geo. 4, c. 51, for granting lands to, and 3 & 4 Gul. 4, c. 37, s. 163; Stat. 3 & 4 vesting certain powers and privileges in, the Gul. 4, c. 100 ; and Stat. 1 & 2 Vict. c. 109. Canada Company. (2) Vide Stat. 6' Geo. 4, c. 75, and Stat. STATUTA GEORGII IV. A.D. 1820-1830. 1379 whole exceed one hundred thousand acres : provided also, that the monies to arise Stat. 7 & 8 by or to be produced from any such sale or sales shall be paid over to such officer ,jEO- 4, c- or officers of his majesty's revenue within the said provinces respectively as his }and to be sold majesty shall be pleased to appoint to receive the same, and shall by such officer or ^ ^ttfbe officers be invested in the public funds of the United Kingdom of Great Britain invest^ in t^e and Ireland, in such manner and form as his majesty shall from time to time be funds, and pleased to direct : provided also, that the dividends and interest accruing from such . dividends and public funds, so to be purchased, shall be appropriated, applied, and disposed of for !ntf rest aPphed the improvement of the remaining part of the said clergy reserves, or otherwise, for ment^f°re" the purposes for which the said lands were so reserved as aforesaid, and for no other maining part, purpose whatsoever ; save only so far as it may be necessary to apply the same, or any part thereof, in or towards defraying the expenses of or attendant upon any such sale or sales as aforesaid ; and which appropriations shall be so made in such manner and form, and for such special purposes, as his majesty from time to time shall approve and direct. " II. And be it further enacted, that it shall and may be lawful for the governor. Governor, &c. lieutenant-governor, or officer administering the government of the said provinces, may grant or with the consent of such executive council as aforesaid, in pursuance of any instruc- BCC^^lfS ™ tions which may in manner aforesaid be issued to him, to give and grant, in ciergy reserves exchange for any part of the said clergy reserves, any lands of and belonging to his majesty within the said provinces of equal value with such clergy reserves so to be taken in exchange, or to accept in exchange for any such clergy reserves, from any person or persons, any lands of equal value ; and all lands so taken in exchange for any such clergy reserves shall be holden by his majesty, his heirs, and successors, in trust for the several purposes to which the said clergy reserves are appropriated by the said act so passed in the thirty-first year of the reign of his late majesty King George the Third, or by this present act." CXCVII. Stat. 7 & 8 Georgii 4, c. 66 (1). A.D. 1827. Stat. 7 & 8 "An Act to extend an Act of the fifty-sixth year of His late Majesty, for Geo' 4> c* 66' enabling His Majesty to grant small Portions of Land, as Sites for Public Buildings, or to be used as Cemeteries." CXCVIII. Stat. 7 & 8 Georgii 4, c. 72(2). A.D. 1827. Spat. 7 & 8 "An Act to amend the Acts for building and promoting the building of additional Geo* 4' C- 72, Churches in populous Parishes." "Whereas an act was passed in the fifty-eighth year of the reign of his late 58Geo.3,c.45. majesty King George the Third, intituled, 4 An Act for building and promoting the building of additional Churches in populous Parishes,' whereby it was enacted, that it should be lawful for his majesty, by letters patent, to appoint such persons as his majesty should deem fit to be his commissioners for carrying into execution the purposes of the said act, and that the said commission should continue in force for the term of ten years from the date thereof, unless his majesty should think fit sooner to revoke the same : and whereas another act was passed in the fifty-ninth 59 Geo. 3, year of the reign of his late majesty King George the Third, for the purpose of c 134. amending and rendering more effectual the said act, whereby it was enacted, that it should be lawful for his majesty, his heirs and successors, when and so often as any vacancy should arise of any of the commissioners appointed under the pro- visions of the said recited act or the act now in recital, to supply any such vacancy or vacancies by the appointment of any other person or persons, and also from time to time to appoint additional commissioners who, together with the per- sons before appointed, should be the commissioners for carrying into execution the purposes of the said act and the act now reciting ; and the commissioners so appointed by his majesty were thereby declared to be a body corporate by the style (1) Repealed by Stat. 10 Geo. 4, c. 50. c. 107; Stat. 2 & 3 Vict. c. 49; Stat. 3 & 4 (2) Vide Stat. 1 & 2 Gul. 4, c. 38; Stat. Vict. c. 20; Stat. 3 & 4 Vict. c. 60; and 7 Gul. 4 & 1 Vict. c. 75 ; Stat. 1 & 2 Vict. Stat. 4 & 5 Vict. c. 38, s. 19. 4 T 2 1380 STATUTA GEORGII IV. A.D. 1820—18:30. Stat. 7 & 8 Geo. 4, c. 72. 3 Geo. 4, c. 72. 5Geo.4,c.l03. Term of com- missioners' powers further continued. Commissioners may divide parishes under certain restric- tions. Persons en- dowing chapels to have the nomination of minister. of ' His Majesty's Commissioners for building new Churches,' and should have a common seal : and whereas another act was passed in the third year of his present majesty, for the purpose of amending and rendering more effectual the said two acts so passed as aforesaid : and whereas another act was passed in the fifth year of the reign of his present majesty, for amending and rendering more effectual the said three acts so passed as aforesaid : and whereas commissioners for the purpose of carrying into effect the aforesaid acts have been duly appointed, and they have proceeded in the execution of the powers so vested in them : and whereas it is expedient that the time for the execution of the commission granted by his majesty in pursuance of the said acts, and which is limited to the term of ten years by the said first-mentioned act, should be extended, and that the powers contained in the aforesaid acts should be altered and enlarged : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the persons now or hereafter to be appointed to be his majesty's commissioners for building new churches, and for the carrying into effect the aforesaid acts and this act, shall continue to be such commissioners, and the said commission shall continue in force, for the term or ten years from the twentieth day of July one thousand eight hundred and twenty-eight, instead of the said term of ten years so fixed as aforesaid, unless his majesty, his heirs or successors, ^hall think fit sooner to revoke the said commission. "II. And be it further enacted, that it shall be lawful for the said commissioners to divide any parish or extra-parochial place into such ecclesiastical districts in manner provided by the said act passed in the fifty-eighth year of the reign of his late majesty King George the Third ; and if there shall not be any burial ground within such district, then and in every such case, until a burial ground shall be provided, the bodies of persons dying within such district may be interred in the cemetery of the parish church in all respects as if such division had not taken place. "III. And be it further enacted, that when any person or persons shall, to the satisfaction of the said commissioners, endow any chapel built or hereafter to be built by such person or persons with some permanent provision in land or monies in the funds exclusively, or in addition to the pew rents or other profits arising from the said chapel, such endowment to be settled and assured as the said com- missioners shall authorize and direct, it shall be lawful for the said commissioners to declare that the right of nominating a minister{\) to the said chapel shall for ever thereafter be in the person or persons building and endowing the said chapel, his, her, or their heirs and assigns, or in such person or persons as he, she, or they shall appoint, and notwithstanding no compensation or endowment may be made to or for the benefit of the minister of the church of the parish within which such chapel may be built." Stat. 7 & 8 Geo. 4, cap. lxxxix. CXC1X. Stat. 7 & 8 Georgii 4, cap. lxxxix. A.D. 1827. 'An Act for removing Doubts as to the Legality of the Erection of the Portico of the Parish Church of the Parish of Saint Mary-le-bone, in the County of Middlesex; for declaring the whole of the Site of Trinity Church to be within the said Parish ; and for altering the Boundary between the said Parish and the Parish of Saint Pancras." Stat. 7 & 8 Geo. 4, cap. xc. CC. Stat. 7 & 8 Georgii 4, cap. xc. A.D. 1827. (An Act for substituting a Building lately erected by William Mitford, Esquire, deceased, as the future Church or Chapel of Exbury and Lepe, in the County of Southampton, in lieu of the present Church or Chapel, and for other Purposes relating thereto.'1'' (1) Nominating a minister ■Repealed by Stat. 1 & 2 Gul. 4, c. 38, s. 1. v. Woods, 3 Hagg. 486. Vide Bliss STATUTA GEORGII IV. A.D. 1820—1830. 1381 CCI. Stat. 7 & 8 Georgii 4, cap. xci. A.D. 1827. Stat. 7 & 8 G'EO 4 CAP iAn Act for providing the Inhabitants of the Parish of Saint John, Hampstcad, XCI in the County of Middlesex, with increased Accommodation for attending Divine Service." CCII. Stat. 7 & 8 Georgii 4, cap. xcii. A.D. 1827. Stat. 7 & 8 xAn Act for erecting and endowing a Chapel of Ease in the Parish of Wisbech Xcn. ' °AP Saint Peter's, in the Isle of Ely, in the County of Cambridge!* CCIII. Stat. 7 & 8 Georgii 4, cap. cvi. A.D. 1827. Stat. 7 & 8 lAn Act for separating the Town or Vill of Ramsgate, in the County of Kent, Cy°" from the Parish of Saint Laurence, and making the same a distinct Parish; and for completing the new Church now building therein; and for other Pur- poses relating thereto; and for altering and amending an Act of His late Majesty for establishing a Chapel therein" CCIV. Stat. 7 & 8 Georgii 4, cap. cvii. A.D. 1827. Stat. 7 & 8 iAn Act for taking down and rebuilding the Parish Church of Staines, in the Cy°* ' CAP* County of Middlesex; for providing an additional Burial Ground; and for equalizing the Church Rates of the said Parish." CCV. Stat. 7 & 8 Georgii 4, cap. ex. A.D. 1827. Stat. 7 & 8 g a Church in the Parish of Z>< Riding of the County of York.1 (An Act for erecting a Church in the Parish of Doncaster, in the West Jf^0, 4' CAP' CCVI. Stat. 9 Georgii 4, cap. xv. A.D. 1828. Stat. 9 Geo. "An Act to establish a Chapel of Ease in the Parish of Hove, in the County of 4' CAP* xv" CCVII. Stat. 9 Georgii 4, c 17 (1). A.D. 1828. Stat. 9 Geo. 4 c 17 "An Act for repealing so much of several Acts as imposes the Necessity of receiving ' the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments." 1 "Whereas an act was passed in the thirteenth year of the reign of King Charles 13 Car. 2, the Second, intituled, 4 An Act for the well-governing and regulating of Corpora- St. II. c. 1. tions :' and whereas another act was passed in the twenty-fifth year of the reign 25 Car. 2, c 2. of King Charles the Second, intituled, 4 An Act for preventing Dangers which may happen from Popish Recusants :' and whereas another act was passed in the sixteenth year of the reign of King George the Second, intituled, 'An Act to 16 Geo. 2, c. 30. indemnify Persons who have omitted to qualify themselves for Offices and Em- ployments within the Time limited by Law, and for allowing further Time for that Purpose ; and also for amending so much of an Act made in the twenty-fifth year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time for receiving the Sacrament of the Lord's Supper now limited by the said Act :' and whereas it is expedient that so much of the said several acts of parliament as imposes the necessity of taking the sacrament of the Lord's supper according to the rites or usage of the church of England, for the purposes therein respectively mentioned, should be repealed ; be it therefore enacted by the king's most excel- lent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present parliament assembled, and by the authority of the same, that so much and such parts of the said several acts passed in the thir- So much of teenth and twenty-fifth years of the reign of King Charles the Second, and of the recited acts as (1) Vide Stat. 1 Gul. 4, c. 26; and Stat. 5 & 6 Gul. 4, c. 28. 1382 STATU TA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. 4, c. 17. require the persons therein described to receive the sacrament, for certain pur- poses, repealed. Declaration to be made in lieu of the sa- cramental test. Form of declaration. Declaration to be subscribed before magis- trates, &c. In case of neglect to make the declaration, election to be void. Persons ad- mitted into any office which heretofore required the taking of the sacrament, shall make the declaration within six months, or the said act passed in the sixteenth year of the reign of King George the Second, as require the person or persons in the said acts respectively described to take or receive the sacrament of the Lord's supper, according to the rites or usage of the church of England, for the several ■ purposes therein expressed, or to deliver a certificate or make proof of the truth of such his or their receiving the said sacrament in manner aforesaid, or as impose upon any such person or persons any penalty, forfeiture, incapacity, or disability whatsoever for or by reason of any neglect or omission to take or receive the said sacrament, within the respective periods and in the manner in the said acts respectively provided in that behalf, shall, from and immediately after the passing of this act, be and the same are hereby repealed. "II. And whereas the protestant episcopal church of England and Ireland, and the doctrine, discipline, and government thereof, and the protestant presby- terian church of Scotland, and the doctrine, discipline, and government thereof, are by the laws of this realm severally established, permanently and inviolably : and whereas it is just and fitting, that on the repeal of such parts of the said acts as impose the necessity of taking the sacrament of the Lord's supper according to the rites or usage of the church of England, as a qualification for office, a decla- ration to the following effect should be substituted in lieu thereof ; be it therefore enacted, that every person who shall hereafter be placed, elected, or chosen in or to the office of mayor, alderman, recorder, bailiff, town clerk, or common council- man, or in or to any office of magistracy, or place, trust, or employment relating to the government of any city, corporation, borough, or cinque port within England and Wales or the town of Berwick-upon-Tweed, shall, within one calendar month next before or upon his admission into any of the aforesaid offices or trusts, make and subscribe the declaration following: I, A. B., do solemnly and sincerely, in the presence of God, profess, testify, and declare, upon the true faith of a christian, that I will never exercise any power, authority, or influence which I may possess by virtue of the office of to injure or weaken the protestant church as it is by law established in England, or to disturb the said church, or the bishops and clergy of the said church, in the possession of any rights or privileges to which such church, or the said bishops and clergy, are or may be by law entitled.* " III. And be it enacted, that the said declaration shall be made and subscribed as aforesaid in the presence of such person or persons respectively who, by the charters or usages of the said respective cities, corporations, boroughs, and cinque ports, ought to administer the oath for due execution of the said offices or places respectively, and in default of such, in the presence of two justices of the peace of the said cities, corporations, boroughs, and cinque ports, if such there be, or other- wise in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, boroughs, and cinque ports are; which said declaration shall either be entered in a book, roll, or other record to be kept for that purpose, or shall be filed amongst the records of the city, corporation, borough, or cinque port. " IV. And be it enacted, that if any person, placed, elected, or chosen into any of the aforesaid offices or places, shall omit or neglect to make and subscribe the said declaration in manner above mentioned, such placing, election, or choice shall be void ; and that it shall not be lawful for such person to do any act in the exe- cution of the office or place into which he shall be so chosen, elected, or placed. "V. And be it further enacted, that every person who shall hereafter be admitted into any office or employment, or who shall accept from his majesty, his heirs and successors, any patent, grant, or commission, and who by his admittance into such office or employment or place of trust, or by his acceptance of such patent, grant, or commission, or by the receipt of any pay, salary, fee, or wages by reason thereof, would by the laws in force immediately before the passing of this act have been required to take the sacrament of the Lord's supper according to the rites or usage of the church of England, shall, within six calendar months after his admission to such office, employment, or place of trust, or his acceptance of such STATUTA GEORGII IV. A.D. 1820—1830. 1383 patent, grant, or commission, make and subscribe the aforesaid declaration, or in default thereof his appointment to such office, employment, or place of trust, and such patent, grant, or commission, shall be wholly void. " VI. And be it further enacted, that the aforesaid declaration shall be made and subscribed in his majesty's high court of Chancery, or in the court of King's Bench, or at the quarter sessions of the county or place where the person so required to make the same shall reside ; and the court in which such declaration shall be so made and subscribed shall cause the same to be preserved among the records of the said court. « VII. Provided always, that no naval officer below the rank of rear admiral, and no military officer below the rank of major general in the army or colonel in the militia, shall be required to make or subscribe the said declaration, in respect of his naval or military commission ; and that no commissioner of customs, excise, stamps, or taxes, or any person holding any of the offices concerned in the collec- tion, management, or receipt of the revenues which are subject to the said commis- sioners, or any of the officers concerned in the collection, management, or receipt of the revenues subject to the authority of the postmaster general, shall be required to make or subscribe the said declaration, in respect of their said offices or appoint- ments : provided also, that nothing herein contained shall extend to require any naval or military officer, or other person as aforesaid, upon whom any office, place, commission, appointment, or promotion shall be conferred during his absence from England, or within three months previous to his departure from thence, to make and subscribe the said declaration until after his return to England, or within six months thereafter. " VIII. And be it further enacted, that all persons now in the actual possession of any office, command, place, trust, service, or employment, or in the receipt of any pay, salary, fee, or wages, in respect of or as a qualification for which, by virtue of or under any of the before-mentioned acts or any other act or acts, they respectively ought to have heretofore taken or ought hereafter to receive the said sacrament of the Lord's supper, shall be and are hereby confirmed in the posses- sion and enjoyment of their said several offices, commands, places, trusts, services, employments, pay, salaries, fees, and wages respectively, notwithstanding their omission or neglect to take or receive the sacrament of the Lord's supper in manner aforesaid, and shall be a d are hereby indemnified, freed, and discharged from all incapacities, disabilities, forfeitures, and penalties whatsoever, already incurred or which might hereafter be incurred in consequence of any such omission or neglect ; and that no election of or act done or to be done by any such person or under his authority, and not yet avoided, shall be hereafter questioned or avoided by reason of any such omission or neglect, but that every such election and act shall be as good, valid, and effectual as if such person had duly received the said sacrament of the Lord's supper in manner aforesaid. " IX. Provided nevertheless, that no act done in the execution of any of the corporate or other offices, places, trusts, or commissions aforesaid, by any such person omitting or neglecting as aforesaid, shall by reason thereof be void or void- able as to the rights of any other person not privy to such omission or neglect, or render such last-mentioned person liable to any action or indictment." Stat. 9 Geo. 4, c. 17. appointment be void. Declaration to be made in the court of Chan- cery or King's Bench, or at the quarter sessions. Proviso as to naval and mili- tary officers under certain rank, and to officers of the revenue. Persons now in possession of any office which hereto- fore required the taking of the sacrament, confirmed in such posses- sion, and in- demnified from penalties. Omissions of persons to make the de- claration not to affect others not privy thereto. CCVIII. Stat. 9 Georgii 4, o. 24. [Ireland.] A.D. 1828. Stat. 9 Geo. "An Ad to repeal certain Acts, and to consolidate and amend the Laws relating 4' c' 24' '-1r*^ to Bills of Exchange and Promissory Notes in Ireland." " IX. And whereas the bank of Ireland, and banks in general, and other persons Bills falling in Ireland, are often under the necessity of transacting business on Good Friday, due 0D Goo.J Christmas Day, and days appointed by his majesty's proclamation for solemn fasts ^ h™*" or days of thanksgiving, for the purpose of receiving money for foreign and inland j™* 0f festTto bills of exchange and promissory notes becoming payable on those days respec- be payable cm lively, in consequence whereof many persons are prevented observing the same the <% before, with due solemnity : and whereas doubts have existed in Ireland, whether foreign 1384 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. 3, c. 24. [In.] In such cases notice of the dishonour thereof not necessary to be given until the day next after such Good Friday, &c. Good Friday, &c. for the purposes of this act, to be considered the same as Sunday. and inland bills of exchange and promissory notes falling due on any Sunday are properly payable on the Saturday next before such Sunday, or on the Monday next after such Sunday: now therefore, for the better observance of Good Friday and Christmas Day, and such days of fasts and thanksgiving as aforesaid, and also for the removing such doubts as aforesaid, and assimilating the law of Ireland to that of England in such respects, be it enacted, that in all cases where any such bill of exchange or promissory note in Ireland shall fall due on any Sunday, or on any Good Friday, or on any Christmas Day, or on any such day of fast or day of thanksgiving, the same shall be payable on the day next preceding such Sunday or such Good Friday, or on the day (not being a Sunday) next preceding such Christmas Day or day of fast or day of thanksgiving respectively ; and that in case of nonpayment of such bill of exchange or promissory note, the same may be noted and protested on such preceding day as if the same were payable on su^h day ; and that whenever such Christmas Day shall fall on, or such day of fast or day of thanksgiving shall be appointed on a Monday, every such bill of exchange or pro- missory note, which would be payable on such Christmas Day or day of fast or day of thanksgiving, shall be payable on the Saturday preceding such Christmas Day or day of fast or day of thanksgiving respectively, and in case of nonpayment, being first duly demanded, may be noted and protested for payment on such pre- ceding Saturday. " X. And be it further enacted, that from and after the first day of September, one thousand eight hundred and twenty-eight, in cases of bills of exchange and promissory notes falling due on any Sunday, Good Friday, or any Chrismas Day, or on any day of fast or day of thanksgiving as aforesaid, as well as in the cases of foreign or inland bills of exchange and promissory notes falling due in Ireland on the day preceding any Sunday, or any Good Friday, or any Christmas Day, or any such day of fast or day of thanksgiving, it shall not be necessary for the holder or holders of such bills of exchange or promissory notes to give notice of the dis- honour thereof until the day next after such Sunday, or Good Friday, or Christmas Day, or day of fast or day of thanksgiving ; and in case such Christmas Day shall fall, or such day of fast or day of thanksgiving shall be appointed on a Saturday, it shall not be necessary for the holder or holders of such bills of exchange or pro- missory notes to give notice of the dishonour thereof until the Monday next after such Christmas day or day of fast or thanksgiving ; and that whensoever such Christmas Day shall fall on, or such day of fast or day of thanksgiving shall be appointed on a Monday, it shall not be necessary for the holder or holders of such bills of exchange and promissory notes, as shall either, by virtue of this act or otherwise, be payable on the preceding Saturday, to give notice of the dishonour thereof until the Tuesday next after such Christmas Day or day of fast or day of thanksgiving respectively ; and that every such notice so given as aforesaid shall be valid and effectual to all intents and purposes. " XI. And be it further enacted, that from and after the said first day of Sep- tember, one thousand eight hundred and twenty-eight, Good Friday and Christmas Day, and every such day of fast and thanksgiving so appointed by his majesty, is and shall, for all other purposes whatsoever as regards bills of exchange and pro- missory notes, be treated and considered in Ireland as the Lord's day, commonly called Sunday." Stat. 9 Geo. 4, c. 31. Bigamy. CCIX. Stat. 9 Georgii 4, c. 31 (1). A.D. 1828. "An Act for consolidating and amending the Statutes in England relative to Offences against the Person." " XXII. And be it enacted, that if any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for (1) Vide Stat. 4 & 5 Gul. 4, c. 26; and Stat. 6 & 7 Gul. 4, c. 30. STATUTA GEORGII IV. A.D. 1820—1830. 1385 the term of seven years, or to be imprisoned, with or without hard labour, in the Stat. 9 Geo. common gaol or house of correction, for any term not exceeding two years; and 4, c. 31. any such offence may be dealt with, inquired of, tried, determined, and punished Place of trial, in the county where the offender shall be apprehended {1) or be in custody, as if the offence had been actually committed in that county ; provided always, that nothing Exceptions, herein contained shall extend to any second marriage contracted out of England by any other than a subject of his majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first mar- riage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. " XXIII. And be it enacted, that if any person shall arrest any clergyman upon any civil process while he shall be performing divine service, or shall, with the knowledge of such person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or by both, as the court shall award." Arresting a clergyman during divine CCX. Stat. 9 Georgii 4, c. 32 (2). A.D. 1828. "An Act for amending the Law of Evidence in certain cases." " Whereas it is expedient that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil, and that, in prosecutions for forgery, the party interested should be rendered a com- petent witness ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that every Quaker or Moravian who shall be required to give evidence in any case whatso- ever, criminal or civil, shall, instead of taking an oath in the usual form, be per- mitted to make his or her solemn affirmation or declaration in the words following ; that is to say, 'I, A.B., do solemnly, sincerely, and truly declare and affirm;' which said affirmation or declaration sliall be of the same force and effect in all courts of justice, and other places where by law an oath is required, as if such Quaker or Moravian had taken an oath in the usual form ; and if any person making such affimation or declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which if the same had been sworn in the usual form would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures to which persons convicted of wilful and corrupt perjury are or shall be subject." CCXI. Stat. 9 Georgii 4, c. 33. A.D. 1828. "An Act to declare and settle the Law respecting the Liability of the Real Estates of British Subjects and others, situate within the Jurisdiction of His Majesty s Supreme Courts in India, as Assets in the Hands of Executors and Adminis- trators, to the Payment of the Debts of their deceased Owners" (1) Apprehended: — It was held, on Stat. 1 Jac. 1, which had only the word " appre- hended/' that if a prisoner be apprehended for another offence, and be detained in the same county for bigamy, the detainer is such an apprehension, as will warrant the indict- ing him in that county. A prisoner was taken up in Worcestershire for a larceny; while in the house of correction for that of- fence, a bill for bigamy was found against him, and upon which he was tried at the assizes for that county. The judges were of opinion, that as the prisoner was in cus- tody on a criminal charge, he was liable to be tried where he was imprisoned; although the second marriage was not contracted in Worcestershire. Rex v. Gordon, R. & R 48. Vide Diybies {Lord) case, Hutt. 131. Where the indictment is preferred in a county, not where the second marriage was, but where the prisoner was apprehended or in custody, it must expressly state that fact. Rex v. Fraser, R. & M. C. C. R. 407. Vide Rex v. Treharne, Ibid. 298. 1 Rus- sell on Crimes by Greaves, 189. (2) Vide Stat. 3 & 4 Gul. 4, c. 49; and Stat. 1 & 2 Vict. c. 77. Stat. 9 Geo. 4, c. 32. Quakers or Moravians re- quired to give evidence may, instead of an oath, make their solemn affirmation, which shall be of the same effect in all cases, civil or criminal. Stat. 9 Geo. 4, c. 33. 1386 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. 4, c. 40. Visitors to make regula- tions and ap- point officers ; and to fix a weekly rate for maintenance of insane persons. Rate not to exceed 14«. per week. A chaplain to be appointed CCXII. Stat. 9 Georgii 4, c. 40. A.D. 1828. "An Act to amend the Laws for the Erection and Regulation of County Lunatic Asylums, and more effectually to provide for the Care and Maintenance of Pauper and Criminal Lunatics in England." " XXX. And be it further enacted, that in all cases where any such county lunatic asylum shall have been established under the authority of this act, or any former act or acts, the major part of the visitors appointed as aforesaid to superin- tend the same present at a meeting duly summoned, such major part not being fewer than three, shall from time to time make such regulations as to them shall seem expedient for the management and conduct thereof, in which regulations shall be set forth the number and description of officers and servants to be kept, the duties to be required, and what salaries respectively shall be paid to them, and may appoint a treasurer, and such other officers and servants, together with such number of assistants as they shall from time to time find necessary, in proportion to the number of persons confined in such county lunatic asylum, and may dismiss any such officer, servant, or assistant, if they see occasion ; and shall from time to time fix a certain weekly rate to be paid for each person confined in such county lunatic asylum, which may be sufficient to defray the whole expense of the main- tenance and care, medicine and clothing, requisite for such person, and the salaries of the officers and attendants ; provided always, that such rate shall in no case exceed fourteen shillings per week ; and that the said visitors shall annually audit the accounts of the treasurer, and report the same to the next general quarter ses- sions of the peace to be holden for the counties at the expense of which such county lunatic asylum shall have been erected. " XXXII. Provided always, and be it further enacted, that in every case where a county lunatic asylum shall be provided, a chaplain shall be appointed (1) for the (1) Chaplain shall be appointed: — In Re- gina v. Middlesex Pauper Lunatic Asylum {Visiting Justices of), (2 Q. B. 433,) it was held, that under Stat. 9 Geo. 4, c. 40, s. 30, the visiting justices of county lunatic asylums have the power of appointing and dismissing the chaplain at their discretion, though, by sect. 32, the chaplain appointed must be licensed by the bishop of the diocese, and though the bishop has power to revoke such licence. Therefore, where a chaplain, ap- pointed by the visiting justices, and afterwards licensed by the bishop, was dismissed by the justices, and another appointed in his stead, but the bishop refused to revoke his first li- cence, or to license the new appointee, the court of Queen's Bench refused to issue a mandamus commanding them to admit the first appointee to perform the duties of chap- lain in the asylum : — Lord Denman observing, "This rule calls on the visiting justices of the Middlesex Lunatic Asylum to show cause why they should not be commanded by man- damus to admit Mr. Tebbutt into the asylum, that he may perform his duties as chaplain, and to pay the arrears of his salary. It ap- pears to me, that they have shown sufficient cause, and that the rule must be discharged. If we felt any reasonable doubt, we would call for a return, in order that the question might be solemnly discussed: but it does not seem to me, that any reasonable doubt has been raised. I found my opinion on the 30th and 32nd sections, which are quite essential to the creating of any power of appointment at all. The 32nd section pro- vides that a chaplain shall be appointed for the asylum, who shall be licensed by the bishop, and that such licence is to be revo- cable by the bishop, at his discretion. It is contended, that this power of revocation gives the bishop, in effect, the power of appointment and dismissal. But it seems to me, that the only rational mode of ex- pounding the 32nd section is to read it toge- ther with the 30th, which enacts that the visiting justices 'may appoint a treasurer, and such other officers and servants, toge- ther with such number of assistants as they shall from time to time find necessary,' 'and may dismiss any such officer, servant, or assistant, if they see occasion.' If it had been intended, that any other than the magi- strates should appoint and dismiss the chap- lain, there would have been an exception in respect of him in sect. 30, or an express provision for his appointment and dismissal, in sect. 32. But the 32nd section merely requires, that the power of appointment shall be exercised by the appointment of a chaplain, subject to the bishop's power of withholding or revoking the licence. No power to appoint the chaplain is directly given, unless he is included in the 30th sec- tion under the word 'officers.' We may perhaps regret, that the expression in the act is not more directly pointed. But I think the chaplain would be considered an officer here, as he was under Stat. 4 & 5 Gul. 4, c. 76, s. 46, in Regina v. Brainiree Union (The Guardians of the Poor of), 1 Q. B. 130. Under the Gaol Act, 4 Geo. 4, c. 64, s. 30, the sessions have power to re- move a chaplain who refuses or neglects to conform to the regulations made under that act. By that act, though the chaplain is STATUTA GEORGII IV. A.D. 1820-1830. 1387 same, which chaplain shall be in full orders, and shall be licensed by the bishop of Stat. 9 Geo. the diocese ; and the said licence shall be revocable by the bishop whenever he 4> c- 40- shall think fit to withdraw it ; and such chaplain shall perform on each Sunday, for every and on the great festivals, the divine service of our church, according to the forms countv hinatic by law established." CCXIII. Stat. 9 Georgii 4, cap. xl. A.D. J 828. Stat. 9 Geo. "An Act to effect an Exchange of Lands and Tithes situate and arising in the 4' ca^' County of Buckingham, belonging to Richard Lansdale, Yeoman, for other Lands in tJw same County, of which the Mayor, Bailiffs, and Burgesses of the Borough of Chepping Wycombe are seised for Charitable Purposes" Stat. 9 Geo. 4, c. 42. CCXIV. Stat. 9 Georgii 4, c. 42(1). A.D. 1828. "An Act to abolish Church Briefs, and to provide for the better Collection and Appli- cation of Voluntary Contributions for the purpose of enlarging and building Churches and Chapels" "Whereas an act was passed in the fourth year of the reign of Queen Anne, 4 Ann. c. 14. intituled, 'An Act for the better collecting Charity Money on Briefs by Letters Patent, and preventing Abuses in relation to such Charities and it is expedient to repeal the said act, and to provide for the better collection and application of voluntary contributions for enlarging, building, rebuilding, and repairing churches and chapels in England and Wales: and whereas in the year one thousand eight hundred and eighteen a society was instituted, by the name of ' The Society for promoting the Enlargement and Building of Churches and Chapels,' consisting of persons who had contributed or should contribute twenty guineas in one donation, or two guineas annually ; which society, governed under certain rules and regula- tions, has tended greatly to promote the good and laudable objects for which it was instituted, and would be enabled to promote the same still more effectually if the said society were incorporated, with such powers and privileges as are herein- after mentioned : be it therefore enacted by the king's most excellent majesty, by Repeal of and with the advice and consent of the lords spiritual and temporal, and commons, recited act, in this present parliament assembled, and by the authority of the same, that the y^^i*' *° said act of Queen Anne shall be and the same is hereby repealed, except as to such gress. appointed by the sessions, (sect. 28,) he cannot officiate till licensed by the bishop, (sect. 29.) There, however, sect. 30 con- fers certain powers and imposes certain duties on the chaplain; which might entitle him to say, in the event of dismissal, that the case was not within the act. But here there may well be strong reasons for giving a larger discretion to the justices. Where the persons whom the chaplain is to attend are in possession of their reason, it may be pro- per to specify more distinctly the grounds which shall authorize the removal of the chaplain. But, in the case of persons in a lunatic asylum, instances may occur in which it would be dangerous even to touch upon religious subjects. The observations made on sect. 12 scarcely require notice. That section merely enacts that the sessions shall have power to defray the expenses by laying special county rates ; but the powers relating to the execution of the details of the act are left untouched. I do not know that it is necessary to show, that the bishop has not the power of appointment; though I think that he has only to take care not to give a licence where the person appointed is not a clergyman of the church of England, able, fit, and willing to perform the duties. But the duties cannot be the same in all cases. A pa- tient, when recovering, may require constant personal attendance ; but in a different stage of the disease, a different course may be ad- visable. We are not here to revise the dis- cretion exercised by the justices, or to assume that it has been exercised perversely: where a discretion is given, we must suppose that they will perform properly the serious duties thrown upon them. On comparing this act with the Gaol Act, 4 Geo. 4, c. 64, we find that in the Gaol Act, the justices have power, by sect. 12, to make regulations in addition to those laid down by the act, as may seem to them expedient: in this act, by sect. 30, the justices have power to dismiss if they see occasion. A large discretion is given in each instance : but, as might be expected, the dis- cretion as to the dismissal of officers is larger in the case of a lunatic asylum than in that of a gaol." (1) Repealed, as to franking, by Stat. 7 Gul. 4 & 1 Vict. c. 32; which statute was amended by Stat. 7 Gul. 4 & 1 Vict. c. 33 ; Stat. 7 Gul. 4 & 1 Vict. c. 35 ; and Stat. 2 & 3 Vict. c. 52. 1388 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 9 Geo. 4, c. 42. The church- buildingsociety to be incorpo- rated. Presidency, &c. of the society. Constitution of the committee. Qualification for members of the society. General court, when to be holden; busi- ness to be there transacted. Number of the acting com- mittee; their powers and duties. Proviso as to bye laws. Rules to be observed by the briefs issued before the passing of this act as are now in progress, with respect to which the said act shall remain in force. "II. And be it enacted, that from and after the passing of this act all such persons as now are or hereafter may become members of the said society shall be and are hereby declared to be a body corporate, by the name of 'The Incorporated Society for promoting the Enlargement, Building, and Repairing of Churches and Chapels.' " III. And be it enacted, that the Archbishop of Canterbury for the time being shall be the president of the said society, and that the Archbishop of York for the time being, and the bishops of the two provinces for the time being, shall be vice- presidents thereof, together with such lay peers and commoners, being twenty- five in number, as now are vice-presidents of the said society; and that all vacancies which shall from time to time occur in that number of the vice-pre- sidents shall be filled up from the lay members of the society by the committee thereof. "IV. And be it enacted, that the said society shall be governed by a com- mittee, which shall consist of the president, vice-presidents, and treasurer, who shall be members thereof in virtue of their several offices, and of thirty-six members elected from the society, one half at least of whom shall be laymen ; and the treasurer, together with one fourth of the thirty-six elected members of the committee in rotation, shall vacate their offices at the annual general court, but shall be capable of immediate re-election : provided always, that all such persons as before the passing of this act shall have been elected to and are now filling the respective stations of treasurer, or of members of the committee of the said society, shall continue to fill the same, without any fresh election, until vacated as aforesaid. "V. And be it enacted, that all persons who shall contribute ten guineas in one donation, or one guinea annually, shall be members of the said society, and have a right to vote at general courts, and be eligible to the committee, provided such annual subscriptions shall not then be in arrear. " VI. And be it enacted, that a general court shall be holden annually in May, and oftener if the committee shall think it expedient ; and that at the general court three auditors shall be appointed for the year ensuing, a treasurer elected, and the vacancies in the committee filled up from a double list prepared by the president and vice-presidents, and that all such elections and appointments shall be by ballot. "VII. And be it enacted, that every order to be made and act to be done by the committee for the time being of the said society shall be made and done with the consent of the majority of the members present at any meeting of the com- mittee, such meeting to consist of not less than five ; and the committee, or the major part of them at any such meeting, shall have full power and authority to make all such laws and regulations, not being repugnant to the laws of this king- dom, or to the express provisions of this act, as to them shall from time to time seem expedient, for the management and government of the said society, and for carrying its designs into effect ; and shall have the sole management, control, and disposition of the estates, funds, revenues, and other property which now or may hereafter belong to the said society; and shall have the power of affixing the common seal of the said society, or directing it to be affixed, to such instruments as the said committee or such major part of them shall think fit ; and shall have the sole control over the appointment of all officers, agents, or servants whom it may be thought expedient to employ in the service of the said society, or in any of the concerns relating thereto : provided always, that such laws and regulations so to be made as aforesaid shall not be of any force or effect unless the same shall be confirmed by the members of the committee, or the major part of them, who shall be present at the next meeting of the said committee after the same shall have been first made, such next meeting to consist of not less than five. "VIII. Provided always and be it enacted, that the committee of the said society, in the selection of parishes and extra-parochial places to which they shall STATUTA GEORGII IV. A.D. 1320—1830. 1389 grant any part of their funds toward the enlarging or building of any churches or Stat. 9 Geo. chapels, shall have regard to the amount of the population, and also to the dispro- 4i c- 42- portion between the number of inhabitants and the present accommodation for society in attendance upon divine service according to the rites of the united church of ^^effor England and Ireland ; and in giving preference among such parishes and extra- grant's^&cT parochial places, shall have regard to the proportion of the expense which shall be offered to be contributed or raised by such respective parishes or places, towards the enlargement or building of churches or chapels therein, and to the pecuniary ability of the inhabitants thereof. " IX. Provided also, and be it enacted, that in granting aid towards the repairs Further rules of churches and chapels which have fallen into a state of great dilapidation for tne llke without neglect or fault of the existing parishioners, and the entire expense of repairing which the parishioners shall be proved, to the satisfaction of the com- mittee of the said society, to be unable to defray, reference shall be had to the amount of money raised by the parishioners by rates or subscription, and to the im- provement which it may be proposed to effect in the accommodation for the poor. "X. And be it enacted, that as often as his majesty shall be graciously pleased All sums col- to issue his royal letters, directed respectively to the Archbishops of Canterbury fected under and York, authorizing the collection of voluntary contributions within their aidin^ the several provinces, for the purpose of aiding the enlarging, building, rebuilding, or building, &c. repairing of churches and chapels in England and Wales, or in any part thereof, of churches, in every such case all the contributions so collected shall be paid over to the shall be applied treasurer of the said society, or his order, and shall be employed by the said society by the societv- in carrying its designs into effect. "XI. And be it enacted, that accounts shall anuually be presented to his Accounts of majesty, of the progress made by the said society in the execution of its designs, the society to stating the number of churches or chapels enlarged, built, rebuilt, or repaired, or ^ laDeforenU~ in the course of being so, the money expended, and for what purposes, and all parliament, such other particulars as shall be necessary for explaining the progress made by the said society, together with a list of all officers, agents, and servants employed by the said society, and a statement of their respective salaries. "XII. And be it enacted, that the said society may receive and send all Society may letters and packets relating to the execution of the powers and trusts of this act send and re" free from the duty of postage, provided that such letters and packets as shall be ™™ sent to the said society by the post shall be directed to < The Incorporated Society ^ ° postage* for promoting the Enlargement, Building, and Repairing of Churches and Chapels and that all such letters and packets as shall be sent by the said society shall be dated from their office, and shall be signed on the outside by such per- son as the said society shall appoint, with the consent of the commissioners of his majesty's treasury, or any three or more of them, under such restrictions and regulations as the said commissioners shall think proper and direct. "XIII. And whereas there is a certain sum of money remaining in the hands Balances in the of John Stevenson Salt, Esquire, the undertaker of briefs, arising from balances of hands of the monies collected upon briefs which have not been wanted or required for the pur- undertaker of poses for which the same were collected; be it therefore enacted, that such sum transfen-e^ to shall be transferred to the said society, and that upon such transfer being made the society, the said John Stevenson Salt shall be released and discharged from all claims and demands in respect of such sum, or of any part thereof. " X IV. And whereas George Humphrys is seised to himself, his heirs and Compensation assigns, of the office of clerk of the briefs, for the lives of himself and of Josiah to be made t0 Humphrys his son, by virtue of certain letters patent, and the profits of the said *he ,cIerk of office will be extinguished by the repeal of the said act of Queen Anne, and com- 16 ™ pensation should therefore be granted to the said George Humphrys for the loss of such profits ; be it therefore enacted, that the said society shall, out of the sum so to be transferred to them as aforesaid, grant such compensation to the said George Humphrys, for his interest under the said letters patent, as shall be a full equiva- lent for the loss of the net profits of the said office, such net profits to be calcu- lated upon an average of the last seven years. 1390 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 9 Geo. 4, c. 42. Secretary of State to make order as to the disposal of briefs on hand. Public act. u XV. And whereas there is a large number of brief's now in the possession of the said John Stevenson Salt, whieh have been returned to him after the col- lections made thereon ; be it therefore enacted, that it shall be lawful for any one of his majesty's principal secretaries of state to make such order as he shall think fit, respecting the manner of disposing of the said briefs. "XVI. And be it enacted, that this act shall be deemed to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, with- out being specially pleaded." Stat. 9 Geo. 4, cap. xlv. CCXV. Stat. 9 Georgii 4, cap. xlv. A.D. 1828. 'An Act for confirming a Partition of the Walcott Charity Estates, situate in the Parish of Lambeth, in Surrey, by vesting the same in Trustees for the several Parishes of Lambeth aforesaid, and Saint Olave Southwark, and Saint John Horslydown, in Surrey, and for regulating the said Charities; and for em- powering the Trustees of the said Charities, and also the Trustees of a certain other Charity, called HayUs Charity, in Lambeth, to grant Building and Repairing Leases" Stat. 9 Geo. 4, c. 51. CCXVI. Stat. 9 Georgii 4, c. 51 (1). A.D. 1828. "An Act to alter and amend an Act for enabling His Majesty to grant to a Com- pany, to be incorporated by Charter, to be called 'The Canada Company,' certain Lands in the Province of Upper Canada" Stat. 9 Geo. 4, c. 52. [Ir.] CCXVII. Stat. 9 Georgii 4, c. 52. [Ireland.] A.D. 1828. "An Act for erecting a Chapel of Ease at Killiney, in the Parish of Monkstown, in the County and Diocese of Dublin, and for providing for the due Celebration of Divine Service therein." " Whereas the parish of Monkstown, in the county and diocese of Dublin, has of late years become very populous, and a considerable number of inhabitants reside at Killiney, in the said parish, at a distance of two miles and upwards from the parish church, which is not sufficiently large to accommodate the increasing population of said parish ; and the parishioners dwelling in the neighbourhood of Killiney aforesaid are very much in need of a particular place of worship nearer their homes, to which they may resort for the service of God, at morning and evening prayers, and for the administration of the sacrament of the Lord's supper : and whereas it will much tend to the advancement of religion in the said neigh- bourhood if the want of a proper place of worship should be supplied, and a chapel of ease be erected for that purpose upon a convenient site : and whereas the cure of souls in the parish of Monkstown is in the perpetual curate thereof ; and the said curacy is appropriated to the deanery of the cathedral of the holy and undivided Trinity, commonly called Christchurch, in the city of Dublin, and the patronage and nomination thereof belong to the dean of the said cathedral : and whereas the Reverend Charles Lindsay is the present ecclesiastical incumbent or perpetual curate of the said parish ; and whereas many inhabitants of the said parish have expressed an earnest desire that said chapel of ease should be forthwith erected, and that it is in contemplation to promote said design by creating proper and sufficient funds for the purpose: and whereas the most reverend father in God William Lord Archbishop of Dublin and ordinary of the said diocese, the Dean of Christchurch aforesaid, to whose patronage and nomination the said benefice of Monkstown belongs, the said Charles Lindsay the present curate or ecclesiastical incumbent thereof, and the parishioners of the same, have respectively testified their consent to the erecting of the said chapel of ease, and to the endowment of a chaplain in manner hereinafter provided : and whereas the said parish of Monks- town does not come within the provisions and operation of the several statutes in force in that part of the United Kingdom of Great Britain and Ireland called (1) Vide Stat. 7 & 8 Geo. 4, c. 62. STATUTA GEORGII IV. A.D. 1820—1830. 13.01 Authorizing the conveyance of land for erecting a chapel of ease in Killiney. Ireland, for the promoting and regulating the building of chapels of ease in the Stat. 9 Geo. cases therein provided, and it is necessary to have special provision for the same ; 4, c. 52. [Ir.] and it is also necessary, for the purposes aforesaid, that a piece of land should be set apart and appropriated in the vicinity of Killiney, as a site for the said intended chapel, and that there should be an endowed chaplain of the said chapel ; be it therefore enacted by the king's most excellent majesty, by and w ith the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that it shall and may be lawful for any proprietor of any ground within the said parish of Monkstown, or any part thereof, within the ancient parish of Killiney, now forming a part of the said parish of Monkstown, notwithstanding any such proprietor may be seised only for an estate for life or in tail therein, to grant and convey to the perpetual curate or minister of the said parish of Monkstown, and his successors, a sufficient quantity of ground, not exceeding one acre, English statute measure, for the purpose of building, erecting, and making a chapel of ease, with all buildings necessary thereto, in like manner and as fully and effectually as persons are authorized to grant or set out ground for such or the like purposes by any law now in being, such grant and conveyance to be in trust for the inhabitants of the said parish for ever ; and that the said perpetual curate or minister of the said parish be and is hereby enabled to take such grant and conveyance, the statute of mortmain or any other law to the contrary notwithstanding : provided always, that if at any time after the making of the said grant and conveyance of the said ground, and before the building of the said chapel, it shall be found necessary or convenient to change such site of the said intended chapel, it shall be lawful for the said perpetual curate or minister of the said parish, with the consent of the ordinary of the diocese, the Dean of Christchurch, and the proprietor who shall or may have granted any ground for the site for the said chapel, to exchange such ground so granted as a site for the same for any ground of equal or greater quantity in the vicinity of Killiney aforesaid ; which said ground so given in exchange shall be conveyed to the said incumbent for the purposes aforesaid, and shall be and is hereby vested in the said incumbent and his successors, in like manner as the ground originally granted would have been had it remained for the purposes aforesaid. "II. And be it further enacted, that when and so soon as a proper site shall have been chosen and granted, in manner aforesaid, for the place of the said intended chapel, that then and as soon thereafter as conveniently may be, it shall and may be lawful for his grace William Lord Archbishop of Dublin, or his succes- sors, Archbishops of Dublin, to erect or cause to be erected upon the ground so given and conveyed for the purposes aforesaid a chapel of ease, with all necessary accommodations; which chapel, when built, shall be consecrated, and shall be dependent upon the mother church of the said parish of Monkstown, as a parochial chapel of ease annexed to the said church ; and it shall and may be lawful to cele- brate the morning and evening service of the united church of England and Ireland, and administer the sacraments of baptism and the Lord's supper, and to preach the word of God therein : provided always, that nothing in this act shall be construed to extend so as to endow the said chapel with any right, privilege, or liberty of a parochial church or independent district chapel, or to authorize the performance therein of the service of confirmation, matrimony, and burial of the dead, or any or either of them, but that all such services shall continue as before to be solemnized in the parish church only. " III. And be it further enacted, that there shall be a chaplain of the said A chaplain to chapel, with constant and perpetual successive chaplains, to be appointed, const i- be appointed, tilted, and endowed in manner hereinafter provided, for the due celebration of divine service and preaching the word of God in the said chapel ; which said chap- lain and his successors shall be subject to the visitation and power of the ordinary of the diocese, and the laws and canons ecclesiastical, in like manner as chaplains with perpetual succession usually are and of right ought to be subject. " IV. And whereas it is necessary to make a provision for the endowment of Endowment of the said chaplaincy, and for the maintenance of the chaplain and his successors ; the chapel. When site has been chosen and granted, a chapel of ease to be erected under the direc- tion of the Lord Arch- bishop of Dublin. 1S92 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. 4, c. 52. [Ik.] Lands to be conveyed to the chaplain. Enabling chaplain to grant leases for a term of years. and that the Dean of Christchurch aforesaid, to whose deanery the said parish of Monkstown is appropriate, has proposed and is willing, as far as in him lies, and with the consent of the chapter of the said cathedral, to give certain lands and tenements, with their appurtenances, belonging to the deanery aforesaid, situate within the parish aforesaid at Dalkey, consisting of twelve acres one rood and eight perches, English statute measure, described in a certain lease bearing date the fifteenth day of January, in the year of our Lord one thousand eight hundred and twenty-eight, and made between the Dean of Christchurch aforesaid of the one part, and Henry Lindsay, esquire, of the other part, as part endowment of the said chaplaincy, and to settle and convey the same to the use of the first and other chaplains thereof in perpetuity ; and Henry Lindsay, the tenant in possession of the said land and tenements, holding of the said dean under the said lease, has proposed and is willing to surrender his lease and interest in the same to the said dean; be it therefore enacted, that it shall and may be lawftil for the said Dean of Christchurch, and his successors, Deans of Christchurch, at any time after the passing of this act, to grant and convey to the said Reverend Charles Lindsay, the incumbent or perpetual curate aforesaid, and his successors, the aforesaid lands and tenements, with their appurtenances, belonging to the deanery aforesaid, situate within the parish aforesaid, of Dalkey, consisting of twelve acres one rood and eight perches, English statute measure as aforesaid, and for any other proprietor of land within the said parish of Monkstown, notwithstanding such proprietor may be seised only for an estate for life or in tail therein, at any time after the passing of this act, to grant and convey to the said Reverend Charles Lindsay, the incum- bent or perpetual curate aforesaid, and his successors, any quantity of land within the said parish of Monkstown, or any of the ancient parishes now forming the parish of Monkstown, not exceeding eight acres English statute measure, in trust and to and for the sole use and benefit of the first and other chaplains to be consti- tuted and appointed in manner hereinafter provided; and that so soon as any chaplain shall have been duly appointed under the provisions of this act, then and from thenceforth the said lands and tenements, with their appurtenances, so granted or to be granted by the said dean, and any other proprietor of ground in said parish, to the use of the said chaplain, and all the right, title, and interest therein of them the said dean and such proprietor as aforesaid, shall become vested in possession in the said chaplain and his successors, chaplains of the said chaplaincy, for ever, and he and they shall thenceforth stand seised thereof in like manner as if the said grant and conveyance or grants and conveyances had been made directly to them- selves, any statute of mortmain or any other law to the contrary notwithstanding : provided, however, that nothing in this act contained shall be construed to dimi- nish, or in anywise affect, save as aforesaid, the interests of any tenant or tenants of any of the lands proposed to be conveyed, and now holding the same by virtue of any subsisting demise under the said dean or such proprietor as aforesaid. "V. Provided always, and be it enacted, that in case a chaplain shall have been duly constituted and appointed, pursuant to the provisions of this act, before the said grants and conveyances, or either of them, shall have been duly made and carried into effect, then and in such case it shall and may be lawful for the said dean and such other proprietor, or either of them, to convey the said lands and tenements, with their appurtenances, and other land, not exceeding eight acres English statute measure, in respect to such proprietor, to such chaplain and his successors, to his and their own sole use and benefit ; any statute of mortmain or other law to the contrary notwithstanding. " VI. And whereas the value of the said lands and tenements, with their appur- tenances, belonging to the deanery aforesaid, proposed to be granted and conveyed by the said dean to the use and benefit of the first and other chaplains aforesaid in perpetuity, would be much augmented and increased, if the said chaplain and his successors, chaplains of the said chaplaincy, were empowered by law to grant leases of the same, so as to bind their successors for a term of years ; be it therefore enacted, that it shall be lawful for the said chaplain and his successors, when duly constituted and appointed in manner hereinafter provided, with the consent in STATUTA GEORGII IV. A.D. 1820—1830. 1393 writing of the Archbishop of Dublin and the Dean of Christchurch aforesaid respectively for the time being, to grant a lease of the said lands and tenements, with their appurtenances, or of any part thereof, for any term of years not exceeding sixty years from the time of the execution of such lease, at the full improved yearly value of said lands and tenements with their appurtenances, without taking any fine, or any other pecuniary consideration whatsoever : provided always, that if any fine or other pecuniary consideration should be taken by said chaplain or his successors, or if he should grant a lease of said lands and tenements, with their appurtenances, or any part thereof, without the consent in writing of the said Archbishop of Dublin and the said Dean of Christchurch respectively for the time being first had and obtained, in such case, or in either of such cases, the said lease so granted shall be ipso facto void, without any process or judgment of law. "VII. And be it further enacted, that the patronage of the said chaplaincy shall be in the perpetual curate of Monkstown, and his successors; and that it shall and may be lawful for the said Charles Lindsay, the now perpetual curate of the said parish of Monkstown, or his successors, perpetual curates of the same, at any time after the passing of this act, to nominate to his grace William Lord Arch- bishop of Dublin, and his successors, Archbishops of Dublin, a fit and proper per- son, bei^ a priest in holy orders of the established church, and not being possessed of any other cure or benefice, or ecclesiastical preference with cure of souls, to be licensed and appointed to the chaplaincy of the said chapel of Killiney ; and that the said chaplain, when so nominated, licensed, and appointed, shall be perpetual chaplain of the said chaplaincy, and shall officiate as such ; and that then and thereafter, and so often as the said chaplaincy shall become void by the death, resignation, or other removal of any first or other chaplain filling the same, it shall be lawful for the perpetual curate of said parish of Monkstown, and his successors, to nominate to the Archbishop of Dublin for the time being a fit and proper person, being a priest in holy orders, and not being possessed of any other cure or benefice, or ecclesiastical. preferment with cure of souls, to be licensed and appointed as afore- said, who shall thereafter and by virtue of such nomination and licence forthwith be entitled to officiate as chaplain, and to take and receive to his own use all the fruits, profits, rents, and emoluments whatsoever unto the said chaplaincy belong- ing ; and that the said chapel, when built as provided, and the chaplains thereof for the time being, shall be for ever subject to the visitation of the said Archbishop of Dublin and his successors. u VIII. Provided always, and be it enacted, that in case the said perpetual curate of Monkstown shall omit or neglect, for the space of three calendar months, to nominate a fit person to the said archbishop and his successors, to be licensed and appointed as aforesaid, that then and in such case it shall and may be lawful for the said Archbishop of Dublin, and his successors, Archbishops of Dublin, to appoint a chaplain as in a case of lapse, and such chaplain shall be the lawful suc- cessor in the said chaplaincy ; provided, however, that if any chaplain shall die, resign, or be removed during any vacancy of the said perpetual cure or benefice of Monkstown, no time running during such vacancy shall be counted as a lapse of the right of nomination to such chaplaincy, or as any part of the period of three months constituting a lapse, or as in any manner defeating or running against the said light of patronage of the incumbent of Monkstown, but that such period of time shall be counted only during the plenarty of the said benefice or appro- priate curacy of Monkstown, and begin to run only from the time when the said curacy or benefice of Monkstown shall be full of a curate or incumbent. " IX. And be it enacted, that the said chaplain and his successors, chaplains as aforesaid, shall be and they and each of them are and is hereby incorporated and made one body politic and corporate, by the name of chaplains of the chapel of Killiney in the parish of Monkstown, and that they and every of them shall be capable to sue and be sued in all courts and places in that part of the United Kingdom of Great Britain and Ireland called Ireland, and by such name to take and receive any lands, tenements, or property whatsoever, real or personal, not exceeding in the whole the clear yearly value of two hundred pounds, by gift, 4 U Stat. 9 Geo. 4, c. 52. [Ir.] Patronage of the chaplaincy to be in the perpetual curate of Monkstown, who shall nominate the chaplain. In case the perpetual curate shall omit to nomi- nate a chaplain within a certain time, the Archbishop of Dublin may. Chaplaincy to be incorpo- rated. 1394 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo- 4, c.52. [Ir.] Chaplain to reside within the parish of Monkstown. Commissioners of first-fruits may advance money for building the chapel. Chapel, when completed, to be maintained and repaired at the expense of the parish of Monkstown. 7 Geo. 4, c. 72. Act 2 Geo. 1, [lr.], for union and grant, devise, or otherwise in augmentation of the said endowment, and to the use and behoof of them and their successors for ever ; and that the trustees and com- missioners of the first-fruits of the several benefices of Ireland may grant to the said chaplain and chaplains, and any of them in succession, any sum of money out of the funds vested in them for public purposes, either by way of gift or loan, for the enabling said chaplain, or any succeeding chaplain, to build a house of resi- dence, and also for the enabling him to purchase any lands, tenements, or heredi- taments, as an additional endowment of the said chaplaincy; and that the said trustees and commissioners may exercise all such powers and authority in favour of the said chaplain, and his successors, chaplains of the said chapel of Killiney, as they are empowered to do in favour of any perpetual curate by any law now in being ; and that all laws and statutes now in force in that part of the United 'King- dom called Ireland, for and in relation to the purchase, procuring, building, and improving on glebes and glebe lands to be held, provided, and enjoyed by perpetual curates, shall be and are hereby enacted to extend to the said chaplaincy of the chapel of Killiney, and the lands, houses, and improvements to belong and to be made, erected, and procured by the chaplains of the said chaplaincy for the time being. " X. And be it further enacted, that the said chaplain, and his successors, chaplains of the said chapel of Killiney, shall reside within the parish of Monks- town, and as near as conveniently may be to said chapel when erected, and shall be bound to the duty of residence as any perpetual curates are by law bound ; and that if any such chaplain shall at any time be nominated and licensed or pre- sented to any other curacy, or presented, instituted, or collated to any benefice or ecclesiastical preferment with cure of souls, then and in such case the said chap- laincy of the chapel of Killiney aforesaid shall be ipso facto void, and the accept- ance of such curacy, preferment, or benefice, shall be held to be and amount to a resignation of the said chaplaincy of Killiney, to which it shall be thereupon lawful for the incumbent of Monkstown to nominate another fit person as afore- said to be licensed by the archbishop ; and in failure of such nomination within those months from such acceptance, to be counted and computed as aforesaid, it shall be lawful for the archbishop to appoint a chaplain as in a case of lapse as aforesaid ; and such chaplain, so appointed by the archbishop, shall be the lawful successor in the said chaplaincy. " XI. And be it further enacted, that it shall and may be lawful for the trus- tees and commissioners of the first-fruits of the benefice in Ireland, to give any sum of money which may appear to them proper and sufficient for the building and completing of the said intended chapel of ease at Killiney aforesaid, and to exercise for that purpose all such powers and authority as are now vested in them, in respect of the building new churches and chapels in that part of the United Kingdom of Great Britain and Ireland called Ireland. " XII. And be it further enacted, that the said chapel of ease, when built and completed, shall thenceforward be maintained and repaired, and found in all need- ful things, at the expense of the said parish of Monkstown, in like manner as other parochial chape'ls of ease are maintained, repaired, and provided, by the laws and statutes now in being ; and that the ordinary of the diocese of Dublin, in which said parish of Monkstown is situate, and the minister and churchwardens of the said parish, and the inhabitants of the same in vestry assembled, shall have and exercise all such powers, and be subject to all such duties in respect of said chapel, as in like cases ordinaries, ministers, churchwardens, and vestries, exercise or are subject to by any law now in being, or by any statute hereafter to be enacted, and particularly under and by virtue of a certain statute made in the seventh year of his present majesty, intituled, 4 An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland.' " XIII. And whereas by an act made in the parliament of Ireland, in the second year of the reign of King George the First, intituled, 4 An Act for the real Union and Division of Parishes,' it is (amongst other things) enacted, that all acta STATUTA GEORGII IV. A.D. J 820 — 1830. 1395 of parliament for the uniting or disuniting of particular parishes or parts of parishes, or erecting particular churches, shall be deemed as public general acts in all courts and by all persons, and that no fees shall be taken by any person or persons for passing any such act of parliament : and whereas it is expedient that the like pro- vision should be made in this case, be it therefore enacted, that this present act is and shall be deemed a public and general act, and shall be judicially taken notice of as such in all courts, and by all judges, justices, and others, without being specially pleaded ; and that no fees shall be paid or taken by any person or persons for passing the same." CCXVIII. Stat. 9 Georgii 4, c. 54. [Ireland.] A.D. 1828. '•An Act for improving the Administration of Justice in Criminal Cases in Ireland." " XII. And be it enacted, that benefit of clergy with respect to persons con- Benefit of victed of felony shall be abolished ; but that nothing herein contained shall prevent clergy abo- the joinder in any indictment of any counts which might have been joined before Wished, the passing of this act." Stat. 9 Geo. 4, c. 52. [Ir.] division of parishes. Act to be a public act, and not to be sub- ject to the payment of fees. Stat. 9 Geo. 4, c. 54. [Ir.] CCXIX. Stat. 9 Georgii 4, c. 55. [Ireland.] A.D. 1828. "An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith" " X. (1) And be it enacted, that if any person shall break and enter any church, meeting house, chapel, or other place of divine worship, and shall steal therein or therefrom any chattel, or having stolen any chattel in or from any church, meeting house, chapel, or other place of divine worship, shall break out of the same, every such offender, being convicted thereof, shall suffer death as a felon. "XXI. And be it enacted, that if any person shall steal, or shall for any frau- dulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original docu- ment whatsoever, or any part of any such document, of or belonging to any court of record, or relating to any matter, civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order, or decree, or any original document whatsoever, of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated, in any such court, or any part thereof respectively, or any original document, or part of any original document, in anywise relating to or concerning the business of any person or persons holding any office or employment under his majesty, and remaining or deposited for safe custody in any office appertain- ing to any court of justice, or in his majesty's castle of Dublin, or in any of his majesty's custom houses, post offices, or other public offices in Ireland, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprison- ment, or by both, as the court shall award ; and it shall not be necessary to allege in any indictment, or to prove on any trial for such offence, that the article in respect of which the offence is charged to have been committed is the property of any person, or that the same is of any value, nor shall it be the subject of inquiry at the trial of any such offence, whether the thing charged to have been stolen is or is not of any intrinsic value. " XXII. And be it enacted, that if any person shall, either during the life or after the death of any testator or testatrix, steal, or shall for any fraudulent (1) Repealed, and other provisions made, & 7 Gul. 4, c. 4. Vide 1 Russell on Crimes, by Stat. 5 & 6 Gul. 4, c. 81; and Stat. 6 by Greaves, 843. 4 U 2 Stat. 9 Geo. 4, c. 55. [Ir.] Stealing in or from a church, with breaking in or out, felony with death. Stealing, &c. of records and other proceed- ings of courts of justice, mis- demeanor, punishable by transportation, &c. Stealing of wills, a mis- 1396 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 9 Geo. 4,c. 55. [Ir.] demeanor, punishable by transportation, &c. Stealing of writings re- lating to real estate. Provisions as to wills, &c. shall not lessen any other remedy. Conviction shall not be evidence in actions against offender. Offender shall not be con- victed by evidence disclosed by himself. purpose destroy or conceal any will or codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprison- ment, or both, as the court shall award ; and it shall not be necessary to allege in any indictment, or to prove on any trial for such offence, that such will or codicil, or other instrument, is the property of any person, or that the same is of any value, nor shall it be a subject of inquiry at such trial whether the same is or is not of any intrinsic value. " XXIII. And be it enacted, that if any person shall steal any paper or parch- ment, written or printed, or partly written and partly printed, being or containing evidence of the title, or of any part of the title, to any real estate, every such offender shall be deemed guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprison- ment, or both, as the court shall award ; and in any indictment for such offence, it shall be sufficient to allege the thing charged to have been stolen to be or to contain evidence of the title or of part of the title of the person, or of some one of the per- sons, having an interest, whether vested, contingent, legal, or equitable, in the real estate to which the same relates, and to mention such real estate or some part thereof ; and it shall not be necessary to allege or prove the thing charged to have been stolen to be of any value, nor shall it be inquired into at the trial what the value thereof is, or whether the same is or is not of any intrinsic value. " XXIV. Provided always, and be it enacted, that nothing in this act con- tained, relating to either of the misdemeanors last aforesaid, nor any proceeding, conviction, or judgment to be had or taken thereupon, shall prevent, lessen, or impeach any remedy, at law or in equity, which any party aggrieved by any such offence might or would have had if this act had not been passed ; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against such offender : provided also, that no person shall be liable to be convicted of either of the misedmeanors last aforesaid, in respect of any act done by him, by any evidence disclosed by him in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding, which shall have been bond fide instituted by any party aggrieved, or by any evi- dence disclosed by such person in any examination or deposition before any com- missioners of bankrupt." Stat. 9 Geo. 4, c. 56. [Ir.] Setting fire to a house, outbuilding, church, or chapel, felony, with death. CCXX. Stat. 9 Georgii 4, c. 56. [Ireland.] A.D. 1828. "An Act for consolidating and amending the Laws in Ireland relative to Malicious Injuries to Property" " II. And be it enacted, that if any person shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, hay-yard, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, or if any person shall unlawfully and mali- ciously set fire to any church, chapel, or place for religious worship, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon." Stat. 9 Geo. CCXXI. Stat. 9 Georgii 4, c. 57(1). [Ireland.-! A.D. 1828. 4. c. 57. [Ir.1 "An Act to provide for the Regulation of the Public Office for registering Memorials of Deeds, Conveyances, and Wills, in Ireland" (1) Repealed, and other provisions made, by Stat. 2 & .3 Gul. 4, c. 87. STATUTA GEORGII IV. A.D. 1820—1830. 1397 CCXXII. Stat. 9 Georgii 4, c. 70(1). A.D. 1828. Stat. 9 Geo. 4 c. 70. "An Act to alter and enlarge the Powers of an Act passed in the seventh year of the Reign of His present Majesty, for extending to Charing Cross, the Strand, and Places adjacent, the Powers of an Act for making a more convenient Com- munication from Mary-le-bone Park, and for enabling the Commissioners of His Majesty* s Woods, Forests, and Land Revenues to grant Leases of the Site of Carlton Palace; and for other Purposes relating thereto."" " V. And whereas it was by the said in part recited act of the seventh year of So much of the reign of his present majesty, amongst other things, further enacted, that it 7 Geo. 4 as should be lawful for the said commissioners acting in the execution of the said act ^^val^f to take or use, for the purposes of the said act, so much of the burial ground in remajns 0f the parish of Saint Martin in the Fields as lay on the south side of the church as persons from might be required for the purpose, and the ground so taken, and the fee simple graves, &c. and inheritance thereof, should be and were thereby vested in the king's majesty, rePealed- his heirs and successors, for the purposes of the- said act; and it was further enacted, that whenever it should be necessary, in pursuance and execution of the said in part recited act, to open or disturb any grave or graves, or any burial vault or vaults, in the said present burial ground of the parish of Saint Martin in the Fields, on the south side of the said church aforesaid, it should be lawful for the heirs, executors, administrators, relations, or friends of any person or persons who should have been interred or deposited in such grave or graves, vault or vaults, with the consent of the vicar and churchwardens of the said parish, or the- major part of them, to remove and carry away the remains of any such person or persons, and place the same in such new burial ground as therein mentioned, or any other churchyard or consecrated ground, in such manner as the Lord Bishop of London for the time being, or such person as he might appoint, should direct ; and that the expenses of such removing, carrying away, and placing (not exceeding in any one case the sum of ten pounds) should be paid, by the said commissioners acting in the execution of the said in part recited act, out of the monies to be applied for the purposes of the said act ; and that the remains of such person or persons as should have been interred or deposited in the graves or vaults so to be opened and disturbed as aforesaid, which should not be removed or carried away as aforesaid, should (except such graves or vaults should be finally closed up), at the expense of the said commissioners acting in the execution of the said act, to be paid out of the monies to be raised by virtue of the said act, be removed from such graves or vaults into and be interred in such new burial ground as aforesaid, in such manner as the Lord Bishop of London for the time being, or such person or persons as he should appoint, should direct : and whereas in order to facilitate the removal of the remains of the various persons who have been interred or deposited in the graves or vaults of the present burial ground of the parish of Saint Martin in the Fields, on the south side of the said church aforesaid, it is expedient, and would be of great saving to the public, if the said powers given by the said in part recited act for the removal of such remains as aforesaid were repealed, and such new pro- visions made in respect thereof as hereinafter is mentioned ; be it therefore enacted, that from and after the passing of this act so much of the said in part recited act as relates to the removal of the remains of the various persons who have been interred or deposited in the graves or vaults of the said burial ground of the parish of Saint Martin in the Fields, on the south side of the said church as aforesaid, shall be and the same is hereby repealed. " VI. And be it further enacted, that whenever, at any time after the passing emp0Wered of this act, it shall be necessary, in pursuance and execution of the said in part to remove recited act, to open or disturb any grave or graves, or any burial vault or vaults, in remains of the said burial ground of the parish of Saint Martin in the Fields, on the south {J^S^J[°m side of the said church aforesaid, it shall be lawful for the said commissioners groumi 0f §t. acting in the execution of the said recited act, with the consent of the vicar and Martin's. (1) Vide Stat. 7 Geo. 4, c. 77 (ante 1350). 1398 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. churchwardens for the time being of the said parish of Saint Martin in the Fields, 4, c. 70. or the major part of them, to remove and carry away the remains of any such per- son or persons as shall have been interred or deposited in such grave or graves, vault or vaults, and place the same either in such new burial ground as by the said in part recited act the said commissioners are empowered and required to pro- vide, or in any other churchyard or consecrated ground, in such manner as the Lord Bishop of London for the time being, or such person or persons as he may appoint, shall direct ; and that the expenses of such removing, carrying away, and placing, (not exceeding in any one case the sum of ten pounds,) shall be paid by the said commissioners acting in the execution of the said in part recited act, out of the monies to be applied for the purposes of the said act." Stat. 9 Geo. CCXXIII. Stat. 9 Georgii 4, c. 74. A.D. 1828. 4» c* 74 • "An Act for improving the Administration of Criminal Justice in the East Indies" "XIX. And be it enacted, that benefit of clergy, with respect to persons con- victed of felony, shall be abolished." Stat. 9 Geo. 4, c. 83. Supreme courts to have ecclesiastical jurisdiction. Appeal to his majesty in council. CCXXIV. Stat. 9 Georgii 4, c. 83. A.D. 1828. "An Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof and for other Purposes relating thereto" " XII. And be it further enacted, that the said supreme courts respectively shall be courts of ecclesiastical jurisdiction, and shall have full power and authority to administer and execute, within New South Wales and Van Diemen's Land, and the dependencies thereof respectively, such ecclesiastical jurisdiction and authority as hath been or shall be committed to the said supreme courts respectively by his majesty's said charters or letters patent so issued or to be issued as aforesaid ; pro- vided that in all cases where the executor or executors of any will, upon being duly cited, shall refuse or neglect to take out probate, or where the next of kin shall be absent, and the effects of the deceased shall appear to the said courts respectively to be exposed and liable to waste, it shall be lawful for the said courts respectively to authorize and empower the registrar, or other ministerial officer of the said supreme courts respectively, to collect such effects, and hold or deposit or invest the same in such manner and place, or upon such security, and subject to such orders and directions as shall be made, either as applicable in all such cases, or specially in any case, by the said courts respectively, in respect of the custody, control, or disposal thereof. " XV. And be it further enacted, that it shall and may be lawful for his majesty, by the said charters or letters patent respectively, or by any order or orders of his majesty in council, to allow any person or persons feeling aggrieved by any judgment, decree, order, or sentence of the said supreme courts respec- tively, to appeal therefrom to his majesty in council, in such manner, within such time, and under and subject to such rules, regulations, and limitations, as his majesty, by any such charters or letters patent, or order or orders in council respectively, shall appoint and prescribe." Stat. 9 Geo. CCXXV. Stat. 9 Georgii 4, c. 85. A.D. 1828. 4, c. 85. "An Act for remedying a Defect in the Titles of Lands purchased for Charitable Purposes" 9 Geo. 2 c. 36. " Whereas by an act passed in the ninth year of the reign of his late majesty King George the Second, and intituled, 4 An Act to restrain the Disposition of Lands whereby the same become unalienable,' it was amongst other things enacted, that after the twenty-fourth day of June, one thousand seven hundred and thirty- six, no manors, lands, tenements, rents, advowsons, or other hereditaments, cor- STATUTA GE0RG1I IV. A.D. 1820—1830. 1399 .eal or incorporeal, whatsoever, should be given, granted, aliened, limited Stat. 9 Geo. released, transferred, assigned, appointed, or anyways conveyed or settled to or 4> c- 85- upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest (1) whatsoever, or anyways charged or incumbered by any person or persons whatsoever, in trust or for the benefit of any charitable uses whatsoever, unless such gift, conveyance, appointment, or settlement of any such lands, tene- ments, or hereditaments were made by deed indented, sealed, and delivered in the presence of two or more credible witnesses, twelve calendar months at the least before the death of such donor or grantor, (including the days of the execution and death,) and were enrolled in his majesty's high court of Chancery within six calendar months next after the execution thereof, and unless the same were made to take effect in possession, for the charitable use intended, immediately from the making thereof, and were without any power of revocation, reservation, trust, con- dition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him ; but it was thereby pro- vided, that nothing thereinbefore mentioned, relating to the sealing and delivery oi any deed or deeds twelve calendar months at least before the death of the grantor, should extend or be construed to extend to any purchase of any estate or interest in lands, tenements, or hereditaments, to be made really and bond fide for a full and valuable consideration actually paid at or before the making such conveyance, without fraud or collusion ; and it was thereby enacted that all gifts, grants, appointments, assurances, transfers, and settlements whatsoever, of any lands, tene- ments, or other hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or hereditaments, to or in trust for any charitable uses whatsoever, which should at any time after the said twenty-fourth day of June, one thousand seven hundred and thirty-six, be made in any other manner or form than by the said act was directed and appointed, (1) Estate or interest : — In Doe d. Graham v. Hawkins, (2 Q. B.212,) it was held, that a clause of redemption in a mortgage, is not a power of revocation, or a condition, &c, for the benefit of the grantor, within the mean- ing of the Mortmain Acts, Stat. 9 Geo. 2, c. 36, s. 1, and Stat. 9 Geo. 4, c. 85, s. 1. Therefore, if a mortgage to a charitable foun- dation executed before Stat. 9 Geo. 4 has not been duly enrolled , but is otherwise regular, it is rendered valid by Stat. 9 Geo. 4, c. 85, s. 1, though containing a clause for redemption on payment of the principal money and interest: — Lord Denman observing, "This rule would not have been granted, if the question upon the Mortmain Acts had been the only one. It is clear that the legislature, when they in- troduced into those acts the condition against powers and agreements for the benefit of the grantor, did not contemplate an application of it to mortgages. The words alluded to at the end of Stat. 9 Geo. 4, c. 85, s. 1, were intended to prevent fraudulent revocations. As to the question of evidence; there is no doubt that the writing of a clerk, so recog- nised as the entries were in this case, is that of the steward who recognises it. It would be very unreasonable, that a man's writing with his own pen should fix him with a declaration against his interest, but that his writing with the pen of another should not have that effect. The decision in Baron de Rutzen v. Farr, (4 A. & E. 53,) is not adverse to the plaintiff, because there it was not proved, as it is here, that the clerk by whom the entries were written was authorized by the steward to make those entries." The foregoing judgment was supported by Mr. Justice Patteson in the following language: "I doubt if mortgages were at all within the contemplation of the legisla- ture in passing Stat. 9 Geo. 2, c. 36; though they may be so far within the words, that enrolment may be necessary, Stat. 9 Geo. 4, c. 85, s. 1, curing only past omissions. But the proviso for redemption in a mortgage cannot be called a condition for the benefit of a grantor. It only ensures his having back the land which was granted but as a security ; it cannot be called a ' benefit' within the act, for that means something given collusively, and making the deed incon- sistent with that which it professes to be. As to the evidence; the entries must be taken to be Melliar's, being made by a person in his employment, and adopted by Melliar, which was equivalent to his having ordered them. It is as lif the clerk has made them in his presence, his own hand being disabled : the writing by an authorized agent was the same, as if it had been by himself. It may be diffi- cult, after a long interval of time, to prove that entries have been made in this manner; but here that was proved. That the clerk who wrote was not called might be matter of observation to the jury ; but it was enough to prove that, by whomsoever the entries were made, Melliar adopted them." It may be here stated, that length of pos- session will not prevail against charitable trusts, if the land be purchased with a notice of the trusts. Attorney -General v. Christ's Hospital, 3 M. & K. 344. 1400 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 9 Geo. 4, c. 85. Deeds relating to purchase of lands for charitable purposes to be valid, although the formalities prescribed by the recited act have not been duly per- formed. Act not to extend to deeds avoided by suits at law. Not to dis- pense with prescribed formalities. should be absolutely and to all intents and purposes null and void : and whereas the said provision contained in the said recited act, in relation to the purchase of any estate or interest in lands, tenements, or hereditaments, for a full and valuable consideration, was only intended to prevent such purchases from being avoided by reason of the death of the grantor within twelve calendar months after the sealing and delivery of the deed or deeds relating thereto : and whereas it has notwith- standing been generally apprehended that the said last-mentioned provision was intended wholly to exempt such purchases from the operation of the said act, and in consequence thereof the formalities by the said act prescribed, in relation to the conveyance of hereditaments to charitable uses, have in divers instances been omitted on purchases for a full and valuable consideration, and by reason of such omission the title to such hereditaments may be considered defective : and whereas it is expedient that provision should be made for remedying such defect in manner hereinafter mentioned : may it therefore please your majesty that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and (Commons, in this present parliament assembled, and by the authority of the same, that where any lands, tenements, -or hereditaments, or any estate or interest therein, have or has been purchased for a full and valuable consideration, in trust or for the benefit of any charitable uses whatsoever, and such full and valuable consideration has been actually paid for the same, every deed or other assurance already made for the purpose of conveying or assuring such lands, tenements, or hereditaments, estate or interest as aforesaid, in trust or for the benefit of such charitable uses, (if made to take effect in possession, for the charitable use intended, immediately from the making thereof, and without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the grantor, or of any person or persons claiming under him,) shall be as good and valid, and of the same effect, both for establishing derivative titles, and in all other respects, as if the several formalities by the said act prescribed had been duly observed and per- formed. " II. Provided always, and be it further enacted, that nothing in this act con- tained shall extend to give effect to any deed or other assurance heretofore made, so far as the same has been already avoided by suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. " III. Provided also, and be it further enacted, that.nothing herein contained shall be construed to dispense with any of the said several formalities prescribed by the said recited act, in relation to any deed or other assurance which shall be made after the passing of this present act." Stat. 9 Geo. 4, c. 94. Engagements entered into for the resignation of any benefice upon notice or) request, to be valid. CCXXVI. Stat. 9 Georgii 4, c. 94 (1). A.D. 1828. "An Act for rendering valid Bonds, Covenants, and other Assurances, for the Resignation of Ecclesiastical Preferments, in certain specified Cases.'1 " Whereas it is expedient that certain bonds, covenants, and other assurances for the resignation of ecclesiastical preferments, should be rendered valid in the cases and subject to the limitations hereinafter specified ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that every engagement by promise, grant, agree- ment, or covenant, which shall be really and bond fide made, given, or entered into at any time after the passing of this act, for the resignation of any spiritual office, being a benefice with cure of souls, dignity, prebend, or living ecclesiastical, to the intent or purpose, to be manifested by the terms of such engagement, that any one person whosoever, to be specially named and described therein, or one of (1) Vide Stat. 31 Eliz. c. 6 {ante 447). and Stat. 3 & 1 Vict. c. 113. STATUTA GEORGII IV. A.D. 1820—1830. 1401 two persons to be specially named and described therein, being such persons as are Stat. 9 Geo. hereinafter mentioned, shall be presented, collated, nominated, or appointed to such 4, c. 94. spiritual office, or that the same shall be given or bestowed to or upon him, shall be good, valid, and effectual in the law to all intents and purposes whatsoever, and the performance of the same may also be enforced in equity ; provided always, that Proviso, such engagement shall be so entered into before the presentation, nomination, colla- tion, or appointment of the party so entering into the same as aforesaid. " II. Provided always, and be it further enacted, that where two persons shall Relationship of be so specially named and described in such engagement, each of them shall be, sucn Persons- either by blood or marriage, an uncle, son, grandson, brother, nephew, or grand- nephew of the patron or of one of the patrons of such spiritual office, not being merely a trustee or trustees of the patronage of the same, or of the person or one of the persons for whom the patron or patrons shall be a trustee or trustees, or of the person or one of the persons by whose direction such presentation, collation, gift, or bestowing shall be intended to be made, or of any married woman whose husband in her right shall be the patron or one of the patrons of such spiritual office, or of any other person in whose right such presentation, collation, gift, or bestowing shall be intended to be made. "III. And be it further enacted, that no presentation (I), collation, gift, or No presenta- bestewiftg to or of any such spiritual office of or upon any spiritual person, to be tion t0 any made after the passing of this act, nor any admission, institution, investiture, or ^^j1^ °^°e induction thereupon, shall be void, frustrate, or of no effect in law for or by reason Dy reason 0f of any such engagement so to be made, given, or entered- into by such spiritual such agree- person, or any other person or persons, to or with the patron or patrons of such ment to resign, spiritual office, or to or with any other person or persons, for the resignation of the same as aforesaid ; and that it shall not be lawful for the king's most excellent majesty, his heir or successors, for or by reason of any such engagements as afore- said to present or collate unto, or give or bestow such spiritual office; and that Persons such spiritual person, and patron or patrons, or other person or persons respec- making such tively, shall not be liable to any pains, penalty, forfeitures, loss, or disability, nor to^be UabkTo to any prosecution or other proceeding, civil, criminal, or penal, in any court, penalty, ecclesiastical or temporal, for or by reason of his, her, or their having made, given, or entered into, or accepted or taken such engagement as aforesaid ; and that every Such presenta- such presentation or collation, or gift or bestowing, to be made after the passing of tions to be this act, and every admission, institution, investiture, and induction thereupon, vaud* shall be as valid and effectual in the law to all intents and purposes whatsoever as if such engagement had not been made, given, or entered into, or accepted or taken ; anything in an act passed in the thirty-first year of the reign of her late majesty 31 Eliz. c. 6. Queen Elizabeth, intituled, < An Act against Abuses in Elections of Scholars and Presentations to Benefices,' or in any other act, statute, or canon, or any law, to the contrary in anywise notwithstanding. " IV. Provided always, and be it further enacted, that nothing in this act shall Not to extend extend to the case of any such engagement as aforesaid, unless one part of the deed, to any engage- instrument, or writing by which such engagement shall be made, given, or entered ments' unless into, shall, within the space of two calendar months next after the date thereof, be ^Wed^ deposited in the office of the registrar of the diocese wherein the benefice with cure within two of souls, dignity, prebend, or living ecclesiastical, for the resignation whereof such months with engagement shall be made, given, or entered into as aforesaid, shall be locallv tJle j;eSistrar of situate, except as to such benefices with cure of souls, dignities, prebends, or livings J^^X ecclesiastical, as are under the peculiar- jurisdiction of any archbishop or bishop, in diction wherein which case such document as aforesaid shall be deposited in the office of the regis- the benefice is situated. (1) Presentation: — V here a party was sented A. B., and he was instituted and in- presented to a rectory in consideration of his ducted ; it was held, previous to the passing having given a bond to resign iu favour of a of Stat. 9 Geo. 4, c. 94, that he might main- particular person, at the request of the patron, tain ejectment for the rectory, against the and was instituted and inducted, and such person who had been simoniacallv presented, bond was held to be void, on the ground that Doe d. Watson {Clerk) v. Fletcher (Clerk), it was simoniacal, and the king then pre- 8 B. & C. 25. 1402 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 9 Geo. 4, c. 94. Deed to be open to in- spection; and a certified copy to be admitted as evidence. Fees to regis- trar. Resignation to state the en- gagement, and name of person for whom made. Resignation to be void, unless the person be presented within six months. Nothing herein to extend to presentations made by the king, &c. trar of that peculiar jurisdiction to which any such benefice with cure of souls, dignity, prebend, or living ecclesiastical, shall be subject; and such registrars shall respectively deposit and preserve the same, and shall give and sign a certificate of such deposit thereof ; and every such deed, instrument, or writing, shall be pro- duced at all proper and usual hours at such registry to every person applying to inspect the same ; and an office copy of each such deed, instrument, or writing, cer- tified under the hand of the registrar, (and which office copy so certified the regis- trar shall in all cases grant to every person who shall apply for the same,) shall in all cases be admitted and allowed as legal evidence thereof in all courts whatso- ever ; and every such registrar shall be entitled to the sum of two shillings, and no more, for so depositing as aforesaid such deed, instrument, or writing, and so as aforesaid certifying such deposit thereof; and the sum of one shilling, and no more, for each search to be made for the same ; and the sum of sixpence, and no more, over and besides the stamp duty, if any, for each folio of seventy-two words of each such office copy so certified as aforesaid. "V. And be it further enacted, that every resignation to be made in pursuance of any such engagement as aforesaid shall refer to the engagement in pursuance of which it is made, and state the name of the person for whose benefit it is made ; and that it shall not be lawful for the ordinary to refuse such resignation, unless upon good and sufficient cause to be shown for that purpose ; and that such resignation shall not be valid or effectual, except for the purpose of allowing the person for whose benefit it shall be so made to be presented, collated, nominated, or appointed to the spiritual office thereby resigned, and shall be absolutely null and void unless such person shall be presented, collated, nominated, or appointed as aforesaid within six calendar months next after notice of such resignation shall have been given to the patron or patrons of such spiritual office. " VI. Provided also, and be it further enacted, that nothing in this act shall extend to any case where the presentation, collation, gift, or bestowing to or of any such spiritual office as aforesaid shall be made by the king's most excellent majesty, his heirs or successors, in right of his crown or his duchy of Lancaster ; or by any archbishop, bishop, or other ecclesiastical person, in right of his archbishopric, bishopric, or other ecclesiastical living, office, or dignity ; or by any other body politic or corporate, whether aggregate or sole, or by any other person or persons, in right of any office or dignity ; or by any company, or any feoffees or trustees for charitable or other public purposes ; or by any other person or persons not entitled to the patronage of such spiritual office as private property." Stat. 10 Geo. CCXXVII. Stat. 10 Georgii 4, cap. vi. A.D. 1829. 4, cap. vi. «An j[ct for assisting the repairing, altering, and improving Lambeth Palace, belonging to the See of Canterbury, and the taking down and rebuilding some Parts tliereof, and the making Additions to and altering and improving the Mansion House at Addington, belonging to the same See" [Governors of Queen Anne's bounty may advance sums authorized to be raised by this act. s. 14.] Stat. 10 Geo. CCXXVIII. Stat. 10 Georgii 4, c. 7 (1). A.D. 1829. 4' c' 7' "An Act for the Relief of His Majesty's Roman Catholic Subjects (2)." " Whereas by various acts of parliament certain restraints and disabilities are imposed on the Roman catholic subjects of his majesty, to which other subjects of (1) Vide Stat. 1 Gul. 4, c. 26; Stat. 2 & equally strong for a general toleration of 3 Gul. 4, c. 115; Stat. 7 & 8 Vict. c. 97; them, provided their separation was founded and Stat. 7 & 8 Vict. c. 102. only upon difference of opinion in religion, (2) Roman Catholic Subjects: — " As to and their principles did not also extend to a papists," observes Mr. Justice Blackstone, subversion of the civil government. If once (4 Comm. by Chitty, 54,) "what has been they could be brought to renounce the su- said of the protestant dissenters would hold premacy of tbe pope, they might quietly enjoy STATUTA GEOflGII IV. A.D. 1820-1830. 1403 his majesty are not liable ; and whereas it is expedient that such restraints and Stat. 10 Geo. disabilities shall be from henceforth discontinued; and whereas by various acts 4, c. 7. their seven sacraments, their purgatory, and auricular confession ; their worship of relics and images; nay, even their transubstantia- tion. But while they acknowledge a foreign power, superior to the sovereignty of the kingdom, they cannot complain if the laws of that kingdom, will not treat them upon the footing of good subjects. " Let us, therefore, now take a view of the laws in force against the papists ; who may be divided into three classes, — persons pro- fessing popery, popish recusants convict, and popish priests. 1. Persons professing the popish religion, besides the former penalties for not frequenting their parish church, are disabled from taking their lands either by descent or purchase, after eighteen years of age, until they renounce their errors; they must, at the age of twenty-one, register their estates before acquired, and all future con- veyances and wills relating to them ; they are incapable of presenting to any advowson, or granting to any other person any avoidance of the same ; they may not keep or teach any school under pain of perpetual imprison- ment ; and, if they willingly say or hear mass, they forfeit, the one two hundred, the other one hundred marks, and each shall suffer a year's imprisonment. Thus much for persons, who, from the misfortune of family prejudices, or otherwise, have conceived an unhappy attachment to the Romish church from their infancy, and publicly profess its errors. But if any evil industry is used to rivet these errors upon them, if any person sends another abroad to be educated in the popish religion, or to reside in any religious house abroad for that purpose, or contributes to their maintenance when there ; both the sender, the sent, and the contributor, are disabled to sue in law or equity, to be exe- cutor or administrator to any person, to take any legacy or deed of gift, and to bear any office in the realm, and shall forfeit all their goods and chattels, and likewise all their real estate for life. And where these errors are also aggravated by apostacy or perversion, where a person is reconciled to the see of Rome, or procures others to be reconciled, the offence amounts to high treason. 2. Popish recusants, convicted in a court of law of not attending the service of the church of England, are subject to the following dis- abilities, penalties and forfeitures, over and above those before mentioned. They are considered as persons excommunicated ; they can hold no office or employment ; they must not keep arms in their houses, but the same may be seized by the justices of the peace ; they may not come within ten miles of Lon- don, on pain of 100/.; they can bring no action at law, or suit in equity; they are not permitted to travel above five miles from home, unless by licence, upon pain of forfeit- ing all their goods ; and they may not come to court under pain of 100/. No marriage or burial of such recusant, or baptism of his child, shall be had, otherwise than by the ministers of the church of England, under other severe penalties. A married woman, when recusant, shall forfeit two-thirds of her dower or jointure, may not be executrix or administratrix to her husband, nor have any part of his goods ; and during the coverture may be kept in prison, unless her husband redeems her at the rate of 10/. a month, or the third part of all his lands. And lastly, as a feme covert recusant may be imprisoned, so all others must, within three months after conviction, either submit and renounce their errors, or, if required so to do by four jus- tices, must abjure and renounce the realm ; and if they do not depart, or if they return without the king's licence, they shall be guilty of felony, and suffer death as felons without benefit of clergy. There is also an inferior species of recusancy, (refusing to make the declaration against popery enjoined by Stat. 30 Car. 2, St. II. , when tendered by the proper magistrate,) which, if the party resides within ten miles of London, makes him an absolute recusant convict ; or, if at a greater distance, suspends him from having any seat in parliament, keeping arms in his house, or any horse above the value of five pounds. This is the state, by the laws now in being, (Stat. 23 Eliz. c. 1 ; Stat. 27 Eliz. c. 2 ; Stat. 29 Eliz. c. 6 ; Stat. 35 Eliz. c. 2; Stat. 1 Jac. 1, c. 4 ; Stat. 3 Jac. 1, cc. 4 & 5 ; Stat. 7 Jac. 1, c. 6; Stat. 3 Car. 1, c. 3; Stat. 25 Car. 2, c. 2 ; Stat. 30 Car. 2, St. II.; Stat. 1 G. &M.cc.9, 15,&26; Stat. 11 & 12 Gul. 3, c. 4 ; Stat. 12 Ann. St. II., c. 14 ; Stat. 1 Geo. 1, St. II., c. 55 ; Stat. 3 Geo. 1, c. 18; Stat. 12 Geo. 2, c. 17,) of a lay papist. But, 3. The remaining species or degree, viz., popish priests, are in a still more dangerous condition. For by Stat. 1 1 & 12 Gul. 3, c. 4, popish priests or bishops, celebrating mass or exercising any part of their functions in England, except in the houses of ambassadors, are liable to perpe- tual imprisonment. And by Stat. 27 Eliz. c. 2, any popish priest, born in the dominions of the crown of England, who shall come hither from beyond sea, unless driven by stress of weather and tarrying only a reason- able time, (Clark's (Sir Simon) case, Latch. 1 ,) or shall be in England three days without conforming and taking the oaths, is guilty of high treason; and all persons harbouring him are guilty of felony without the benefit of clergy. "This is a short summary of the laws against the papists, under their three several classes, of persons professing the popish religion, popish recusants convict, and popish priests. Of which the President Montesquieu, (b. 19, c. 27,) observes, that they are so rigor- ous, though not professedly of the sanguinary kind, that they do all the hurt that can pos- sibly be done in cold blood. But in answer to this, it may be observed, (what foreigners who only judge from our statute book are not fully apprised of,) that these laws are sel- dom exerted to their utmost rigour1; and, indeed, if they were, it would be very diffi- cult to excuse them. For they are rather to 1404 STATUTA GEORG1I IV. A.D. 1820—1830. Stat. 10 Geo. 4, c. 7. Acts relating to declarations against tran- substantiation, repealed. Roman catho- lics may sit and vote in parliament on taking the fol- lowing oath. certain oaths and certain declarations, commonly called the declaration against transubstantiation, and the declaration against transubstantiation and the invocation of saints and the sacrifice of the mass, as practised in the church of Rome, are or may be required to be taken, made, and subscribed, by the subjects of his majesty, as qualifications for sitting and voting in parliament, and for the enjoyment of cer- tain offi es, franchises, and civil rights ; be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act all such parts of the said acts as require the said declarations, or either of them, to be made or sub- scribed by any of his majesty's subjects, as a qualification for sitting and voting in parliament, or for the exercise or enjoyment of any office, franchise, or civil right, be and the same are (save as hereinafter provided and excepted) hereby repealed. " II. And be it enacted, that from and after the commencement of this act it shall be lawful for any person professing the Roman catholic religion, being a peer, or who shall after the commencement of this act be returned as a member of the house of commons, to sit and vote in either house of parliament respectively, being in all other respects duly qualified to sit and vote therein, upon taking and sub- scribing the following oath, instead of the oaths of allegiance, supremacy, and abjuration : "'I, A. B., do sincerely promise and swear, that*I will be faithful and bear true allegiance to his majesty King George the Fourth, and will defend him to the utmost of my power, against all conspiracies and attempts whatever, which shall be made against his person, crown, or dignity ; and I will do my utmost endeavour to disclose and make known to his majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them ; and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown, which succession, by an act, intituled, 4 An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the Princess Sophia, electress of Hanover, and the heirs of her body, being protestants ; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm ; and I do further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated or deprived by the Pope, or any other authority of the see of Rome, may be deposed or murdered by their subjects, or by any person whatso- ever ; and I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, prelate, person, state, or potentate, hath or ought to have any tem- poral or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. I do swear that I will defend, to the utmest of my power, the settlement of property within this realm, as established by the laws ; and I do be accounted for from their history, and the urgency of the times which produced them, than to be approved, (upon a cool review,) as a standing system of law. The restless ma- chinations of the Jesuits during the reign of Elizabeth, the turbulence and uneasiness of the papists under the new religious establish- ment, and the boldness of their hopes and wishes for the succession of the Queen of Scots, obliged the parliament to counteract so dangerous a spirit by laws of a great, and then perhaps necessary severity. The pow- der-treason, in the succeeding reign, struck a panic into James the First, which operated in different ways : it occasioned the enacting of new laws against the papists, but deterred him from putting them in execution. The intrigues of Queen Henrietta, in the reign of Charles the First, the prospect of a popish successor in that of Charles the Second, the assassination plot in the reign of King Wil- liam, and the avowed claim of a popish pre- tender to the crown in that and subsequent reigns, will account for the extension of these penalties at those several periods of our his- tory. But if a time should ever arrive, and perhaps it is not very distant, when all fears of a pretender shall have vanished, and the power and influence of the pope shall become feeble, ridiculous, and despicable, not only in England, but in every kingdom of Europe, it probably would not then be amiss to review and soften these rigorous edicts ; at least till the civil principles of the Roman catholics called again upon the legislature to renew them : for it ought not to be left in the breast of every merciless bigot to drag down the vengeance of these occasional laws upon in- offensive, though mistaken subjects, in oppo- sition to the lenient inclinations of the civil magistrate, and to the destruction of every principle of toleration and religious liberty." STATUTA GEORGTI IV. A.D. 1820-1830. 1405 hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment as settled by law, within this realm ; and I do solemnly swear, that I never will exercise any privilege to which I am or may become enti- tled, to disturb or weaken the protestant religion or protestant government in the United Kingdom ; and I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever. ' So help me, God.' * III. And be it further enacted, that wherever, in the oath hereby appointed and set forth, the name of his present majesty is expressed or referred to, the name of the sovereign of this kingdom for the time being, by virtue of the act for the further limitation of the crown and better securing the rights and liberties of the subject, shall be substituted from time to time, with proper words of reference thereto. " IV. Provided always, and be it further enacted, that no peer professing the Roman catholic religion, and no person professing the Roman catholic religion, who shall be returned a member of the house of commons after the commencement of this act, shall be capable of sitting or voting in either house of parliament respec- tively, unless he shall first take and subscribe the oath hereinbefore appointed and set forth, before the same persons, and at the same times and places, and in the same manner as the oaths and the declaration now required by law are respectively directed to be taken, made, and subscribed ; and that any such person professing the Roman catholic religion, who shall sit or vote in either house of parliament, without having first taken and subscribed, in the manner aforesaid, the oath in this act appointed and set forth, shall be subject to the same penalties, forfeitures, and disabilities, and the offence of so sitting or voting shall be followed and attended by and with the same consequences, as are by law enacted and provided in the case of persons sitting or voting in either house of parliament respectively, without the taking, making, and subscribing the oaths and the declaration now required by law. " V. And be it further enacted, that it shall be lawful for persons professing the Roman catholic religion to vote at elections of members to serve in parliament for England and for Ireland, and also to vote at the elections of representative peers of Scotland and of Ireland, and to be elected such representative peers, being in all other respects duly qualified, upon taking and subscribing the oath bereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjura- tion, and instead of the declaration now by law required, and instead also of such other oath or oaths as are now by law required to be taken by any of his majesty's subjects professing the Roman catholic religion, and upon taking also such other oath or oaths as may now be lawfully tendered to any persons offering to vote at such elections. " VI. And be it further enacted, that the oath hereinbefore appointed and set forth shall be administered to his majesty's subjects professing the Roman catholic religion, for the purpose of enabling them to vote in any of the cases aforesaid, in the same manner, at the same time, and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered ; and that in all cases in which a certificate of the taking, making, or subscribing, of any of the oaths or of the declaration now required by law is directed to be given, a like certificate of the taking or subscribing of the oath hereby appointed and set forth shall be given by the same officer or other person, and in the same manner as the certificate now required by law is directed to be given, and shall be of the like force and effect. "VII. And be it further enacted, that in all cases vvhere the persons now authorized by law to administer the oaths of allegiance, supremacy, and abjura- tion, to persons voting at elections, are themselves required to take an oath pre- vious to their administering such oaths, they shall, in addition to the oath now by them taken, take an oath for the duly administering the oath hereby ap- pointed and set forth, and for the duly granting certificates of the same Stat. 10 Geo. 4, c. 7. The name of the sovereign for the time being to be used in the oath. No Roman catholic capable of sitting or voting until lie has taken the oath. Roman catho- lics may vote at elections, and be elected, upon taking the oath. Oath shall be administered in the same manner as former oaths. Persons ad- ministering oaths at elec- tions to take an oath duly1 to administer. 1406 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4, c. 7. So much of any acts as require the formula con- tained in 8 & 9 Gul. 3, c. 3, [Sc.] to be tendered or taken, repealed. Roman catho- lics may elect and be elected members for Scotland. No Roman catholic priest to sit in the house of commons. Roman catho- lics may hold civil and mili- tary offices under his majesty, with certain excep- tions. Not to exempt Roman catho- lics from taking any other oaths required. Offices with- held from Ro- man catholics. Nothing herein " VIII. And whereas in an act of the parliament of Scotland made in the eighth and ninth session of the first parliament of King William the Third, intituled, ' An Act for the preventing the Growth of Popery,' a certain declara- tion or formula is therein contained, which it is expedient should no longer be required to be taken and subscribed ; be it therefore enacted, that such parts of any acts as authorize the said declaration or formula to be tendered, or require the same to be taken, sworn, and subscribed, shall be and the same are hereby repealed, except as to such offices, places, and rights, as are hereinafter excepted ; and that from and after the commencement of this act it shall be lawful for persons professing the Roman catholic religion to elect and be elected members to serve in parliament for Scotland, and to be enrolled as freeholders in any shire or stewartry for Scotland, and to be chosen commissioners or delegates for choos- ing burgesses to serve in parliament for any districts of burghs in Scotland, being in all other respects duly qualified, such persons always taking and subscribing the oath hereinbefore appointed and set forth, instead of the oaths of allegiance and abjuration as now required by law, at such time as the said last-mentioned oaths, or either of them, are now required by law to be taken. " IX. And be it further enacted, that no person in holy orders in the church of Rome shall be capable of being elected to serve in parliament as a member of the house of commons ; and if any such person shall be elected to serve in parlia- ment as aforesaid, such election shall be void ; and if any person, being elected to serve in parliament as a member of the house of commons shall, after his election, take or receive holy orders in the church of Rome, the seat of such person shall immediately become void ; and if any such person shall, in any of the cases afore- said, presume to sit or vote as a member of the house of commons, he shall be subject to the same penalties, forfeitures, and disabilities, as are enacted by an act passed in the forty-first year of the reign of King George the Third, intituled, 6 An Act to remove Doubts respecting the Eligibility of Persons in Holy Orders, to sit in the House of Commons and proof of the celebration of any religious service by such person, according to the rites of the church of Rome, shall be deemed and taken to be prima facie evidence of the fact of such person being in holy orders, within the intent and meaning of this act. " X. And be it enacted, that it shall be lawful for any of his majesty's sub- jects professing the Roman catholic religion to hold, exercise, and enjoy all civil and military offices and places of trust or profit under his majesty, his heirs, or successors, and to exercise any other franchise or civil right, except as herein- after excepted, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of his majesty's subjects professing the Roman catholic religion. " XI. Provided always, and be it enacted, that nothing herein contained shall be construed to exempt any person professing the Roman catholic religion from the necessity of taking any oath or oaths, or making any declaration, not hereinbefore mentioned, which are or may be by law required to be taken or subscribed by any person on his admission into any such office or place of trust or profit as aforesaid. " XII. Provided also, and be it further enacted, that nothing herein contained shall extend or be construed to extend to enable any person or persons professing the Roman catholic religion to hold or exercise the office of guardians and justices of the United Kingdom, or of regent of the United Kingdom, under whatever name, style, or title such office may be constituted ; nor to enable any person, otherwise than as he is now by law enabled, to hold or enjoy the office of lord high chancellor, lord keeper or lord commissioner of the great seal of Great Britain or Ireland ; or the office of lord lieutenant, or lord deputy, or other chief governor or governors of Ireland ; or his majesty's high commissioner to the general assem- bly of the church of Scotland. " XIII. Provided also, and be it further enacted, that nothing herein contained STATUTA GEORGII IV. A.D. 1820—1830. 1407 shall be construed to affect or alter any of the provisions of an act passed in the seventh year of his present majesty's reign, intituled, * An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland.' " XIV. And be it enacted, that it shall be lawful for any of his majesty's sub- jects professing the Roman catholic religion to be a member of any lay body corporate, and to hold any civil office or place of trust or profit therein, and to do any corporate act, or vote in any corporate election or other proceeding, upon taking and subscribing the oath hereby appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration ; and upon taking also such other oath or oaths as may now by law be required to be taken by any persons becoming members of such lay body corporate, or being admitted to hold any office or place of trust or profit within the same. " XV. Provided nevertheless, and be it further enacted, that nothing herein contained shall extend to authorize or empower any of his majesty's subjects pro- fessing the Roman catholic religion, and being a member of any lay body corpo- rate, to give any vote at, or in any manner to join in the election, presentation, or appointment of any person to any ecclesiastical benefice whatsoever, or any office or place belonging to or connected with the united church of England and Ireland, or the church of Scotland, being in the gift, patronage, or disposal of such lay corporate body. " XVI. Provided also, and be it enacted, that nothing in this act contained shall be construed to enable any persons, otherwise than as they are now by law enabled, to hold, enjoy, or exercise any office, place, or dignity of, in, or belonging to the united church of England and Ireland, or the church of Scotland, or any place or office whatever of, in, or belonging to any of the ecclesiastical courts of judicature of England and Ireland respectively, or any court of appeal from or review of the sentences of such courts, or of, in, or belonging to the commis- sary court of Edinburgh, or of, in, or belonging to any cathedral or collegiate or ecclesiastical establishment or foundation ; or any office or place whatever of, in, or belonging to any of the universities of this realm ; or any office or place whatever, and by whatever name the same may be called, of, in, or belonging to any of the colleges or halls of the said universities, or the colleges of Eton, Westminster, or Winchester, or any college or school within this realm ; or to repeal, abrogate, or in any manner to interfere with any local statute, ordinance, or rule, which is or shall be established by competent authority within any university, college, hall, or school, by which Roman catholics shall be prevented from being admitted thereto, or from residing or taking degrees therein : provided also, that nothing herein con- tained shall extend or be construed to extend to enable any person, otherwise than as he is now by law enabled, to exercise any right of presentation to any ecclesias- tical benefice whatsoever ; or to repeal, vary, or alter in any manner the laws now in force in respect to the right of presentation to any ecclesiastical benefice. " XVII. Provided always, and be it enacted, that where any right of presenta- tion to any ecclesiastical benefice shall belong to any office in the gift or appoint- ment of his majesty, his heirs or successors, and such office shall be held by a person professing the Roman catholic religion, the right of presentation shall devolve upon and be exercised by the Archbishop of Canterbury for the time being. " XVIII. And be it enacted, that it shall not be lawful for any person profess- ing the Roman catholic religion, directly or indirectly, to advise his majesty, his heirs or successors, or any person or persons holding or exercising the office of guardians of the United Kingdom, or of regent of the United Kingdom, under whatever name, style, or title such office may be constituted, or the lord lieutenant, or lord deputy, or other chief governor or governors of Ireland, touching or concern- ing the appointment to or disposal of any office or preferment in the united church of England and Ireland, or in the church of Scotland ; and if any such person shall offend in the premises, he shall, being thereof convicted by due course of law, be Stat. 10 Geo. 4, c. 7. to repeal 7 Geo. 4,c. 72. Roman catho- lics may be members of lay corpora- tions. Such members of corporations not to vote in ecclesiastical appointments. Not to extend to offices, &c. in the esta- blished church, or ecclesiastical courts, univer- sities, colleges, or schools ; nor to pre- sentations to benefices. Proviso for presentations to benefices connected with offices. No Roman catholic to ad- vise the crown in the appoint- ment to offices in the esta- blished church. 1408 STATUTA GEORGII IV. A.D. 1820—1330. Stat. 10 Geo. 4, c. 7. Time and manner of taking oaths for corporate offices. Time and manner of taking oaths for other offices. Penalty on acting in offices without taking the oath. Oaths by mili- tary and naval officers. No other oaths necessary to be taken by Ro- man catholics. deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the crown. " XIX. And be it enacted, that every person professing the Roman catholic religion, who shall after the commencement of this act be placed, elected, or chosen in or to the office of mayor, provost, alderman, recorder, bailiff, town clerk, magi- strate, councillor, or common councilman, or in or to any office of magistracy or place of trust or employment relating to the government of any city, corporation, borough, burgh, or district within the United Kingdom of Great Britain and Ireland, shall, within one calendar month next before or upon his admission into any of the same respectively, take and subscribe the oath hereinbefore appointed and set forth, in the presence of such person or persons respectively as by the charters or usages of the said respective cities, corporations, burghs, boroughs, or districts ought to administer the oath for due execution of the said offices or places respectively ; and in default of such, in the presence of two justices of the peace, councillors or magistrates of the said cities, corporations, burghs, boroughs, or dis- tricts, if such there be ; or otherwise, in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, burghs, boroughs, or districts are ; which said oath shall either be entered in a book, roll, or other record to be kept for that purpose, or shall be hied amongst the records of the city, corporation, burgh, borough, or district. " XX. And be it enacted, that every person professing the Roman catholic religion, who shall after the commencement of this act be appointed to any office or place of trust or profit under his majesty, his heirs or successors, shall within three calendar months next before such appointment, or otherwise shall, before he pre- sumes to exercise or enjoy or in any manner to act in such office or place, take and subscribe the oath hereinbefore appointed and set forth, either in his majesty's high court of Chancery, or in any of his majesty's courts of King's Bench, Com- mon Pleas, or Exchequer, at Westminster or Dublin ; or before any judge of assize, or in any court of general or quarter sessions of the peace in Great Britain or Ire- land, for the county or place where the person so taking and subscribing the oath shall reside ; or in any of his majesty's courts of Session, Justiciary, Exchequer, or jury court, or in any sheriff or stewart court, or in any burgh court, or before the magistrates and councillors of any royal burgh in Scotland, between the hours of nine in the morning and four in the afternoon ; and the proper officer of the court in which such oath shall be so taken and subscribed shall cause the same to be preserved amongst the records of the court ; and such officer shall make, sign, and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of two shillings and sixpence for the same ; and such certificate shall be sufficient evidence of the per- son therein named having duly taken and subscribed such oath. " XXI. And be it enacted, that if any person professing the Roman catholic religion shall enter upon the exercise or enjoyment of any office or place of trust or profit under his majesty, or of any other office or franchise, not having in the manner and at the times aforesaid taken and subscribed the oath hereinbefore appointed and set forth, then and in every such case such person shall forfeit to his majesty the sum of two hundred pounds ; and the appointment of such person to the office, place, or franchise so by him held shall become altogether void, and the office, place, or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever. " XXII. Provided always, that for and notwithstanding anything in this act contained, the oath hereinbefore appointed and set forth shall be taken by the officers in his majesty's land and sea service, professing the Roman catholic reli- gion, at the same times and in the same manner as the oaths and declarations now required by law are directed to be taken, and not otherwise. " XXIII. And be it further enacted, that from and after the passing of this act no oath or oaths shall be tendered to or required to be taken by his majesty's sub- jects professing the Roman catholic religion, for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and STATUTA GEORGII IV. A.D. 1820—1830. 1409 required to be taken by his majesty's other subjects; and that the oath herein appointed and set forth, being taken and subscribed in any of the courts, or before any of the persons above mentioned, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all oaths and declarations required or prescribed by any law now in force for the relief of his majesty's Roman catholic subjects from any disabilities, incapacities, or penalties; and the proper officer of any of the courts above mentioned, in which any person profess- ing the Roman catholic religion shall demand to take and subscribe the oath herein appointed and set forth, is hereby authorized and required to administer the said oath to such person, and such officer shall make, sign, and deliver a certi- ficate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him, upon payment of one shilling ; and such certificate shall be sufficient evidence of the person therein named having duly taken and sub- scribed such oath. " XXIV. And whereas the protestant episcopal church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the protestant presbyterian church of Scotland, and the doctrine, discipline, and government thereof, are by the respective acts of union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably: and whereas the right and title of archbishops to their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, have been settled and established by law ; be it therefore enacted, that if any person, after the com- mencement of this act, other than the person thereunto authorized by law, shall assume or use the name, style, or title of archbishop of any province, bishop of any bishopric, or dean of any deanery, in England or Ireland, he shall for every such offence forfeit and pay the sum of one hundred pounds. " XXV. And be it further enacted, that if any person holding any judicial or civil office, or any mayor, provost, jurat, bailiff, or other corporate officer, shall, after the commencement of this act, resort to or be present at any place or public meeting for religious worship in England or in Ireland, other than that of the united church of England and Ireland, or in Scotland, other than that of the church of Scotland, as by law established, in the robe, gown, or other peculiar habit of his office, or attend with the ensign or insignia, or any part thereof, of or belonging to such his office, such person shall, being thereof convicted by due course of law, forfeit such office, and pay for every such offence the sum of one hundred pounds. " XXVI. And be it further enacted, that if any Roman catholic ecclesiastic, or any member of any of the orders, communities, or societies hereinafter mentioned, shall, after the commencement of this act, exercise any of the rites or ceremonies of the Roman catholic religion, or wear the habits of his order, save within the usual places of worship of the Roman catholic religion, or in private houses, such ecclesiastic or other person shall, being thereof convicted by due course of law, forfeit for every such offence the sum of fifty pounds. "XXVII. Provided always, and be it enacted, that nothing in this act con- tained shall in any manner repeal, alter, or affect any provision of an act made in the fifth year of his present majesty's reign, intituled, 4 An Act to repeal so much of an Act passed in the ninth year of the Reign of King William the Third, as relates to Burials in suppressed Monasteries, Abbeys, or Convents in Ireland, and to make further Provision with respect to the Burial in Ireland of Persons dissent- ing from the Established Church.' "XXVIII. And whereas jesuits, and members of other religious orders, com- munities, or societies of the church of Rome, bound by monastic or religious vows, are resident within the United Kingdom ; and it is expedient to make provision for the gradual suppression and final prohibition of the same therein ; be it there- fore enacted, that every jesuit, and every member of any other religious order, community, or society of the church of Rome, bound by monastic or religious vows, who at the time of the commencement of this act shall be within the United Kingdom, shall, within six calendar months after the commencement of this act, 4 X Stat. 10 Geo. 4, c. 7. Titles to sees, &c. not to be assumed by Roman catholics. Judicial or other officers not to attend with insignia of office at any place of wor- ship, other than esta- blished church. Penalty on Ro- man catholic ecclesiastics officiating, except in their usual places of worship. Not to repeal Stat. 5 Geo. 4, c. 25. For the sup- pression of jesuits and other religious orders of the church of Rome. 1410 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4, c. 7. Jesuits, &c. coming into the realm, to be banished. Natural-born subjects, being jesuits, may- return into the kingdom and be registered. The principal secretaries of state may grant licences to jesuits, &c. to come into the kingdom ; and may re- voke the same. Accounts of licences to be laid before parliament. Admitting persons as members of such religious orders deemed a misdemeanor. deliver to the clerk of the peace of the county or place where such person shall reside, or to his deputy, a notice or statement, in the form and containing the par- ticulars required to be set forth in the schedule to this act annexed ; which notice or statement such clerk of the peace, or his deputy, shall preserve and register amongst the records of such county or place, without any fee, and shall forthwith transmit a copy of such notice or statement to the chief secretary of the lord lieu- tenant, or other chief governor or governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of his majesty's principal secretaries of state ; and in case any person shall offend in the premises, he shall forfeit and pay to his majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement as is herein- before required, the sum of fifty pounds. " XXIX. And be it further enacted that if any jesuit, or member of any such religious order, community, or society as aforesaid, shall, after the commencement of this act, come into this realm, he shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. " XXX. Provided always, and be it further enacted, that in case any natural- born subject of this realm, being at the time of the commencement of this act a jesuit, or other member of any such religious order, community, or society as aforesaid, shall, at the time of the commencement of this act, be out of the realm, it shall be lawful for such person to return or to come into this realm ; and upon such his return or coming into the realm he is hereby required, within the space of six calendar months after his first returning or coming into the United King- dom, to deliver snch notice or statement to the clerk of the peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted, as hereinbefore directed ; and in case any such person shall neg- lect or refuse so to do, he shall for such offence forfeit and pay to his majesty, for every calendar month during which he shall remain in the United Kingdom with- out having delivered such notice or statement, the sum of fifty pounds. " XXXI. Provided also, and be it further enacted, that, notwithstanding any- thing hereinbefore contained, it shall be lawful for any one of his majesty's principal secretaries of state, being a protestant, by a licence in writing, signed by him, to grant permission to any jesuit, or member of any such religious order, community, or society as aforesaid, to come into the United Kingdom, and to remain therein for such period as the said secretary of state shall think proper, not exceeding in any case the space of six calendar months ; and it shall also be lawful for any of his majesty's principal secretaries of state to revoke any licence so granted before the expiration of the time mentioned therein, if he shall so think fit ; and if any such person to whom such licence shall have been granted shall not depart from the United Kingdom within twenty days after the expiration of the time mentioned in such licence, or if such licence shall have been revoked, then within twenty days after notice of such revocation shall have been given to him, every person so offending shall be deemed guilty of a misdemeanor, and being thereof lawfully con- victed shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. " XXXII. And be it further enacted, that there shall annually be laid before both houses of parliament an account of all such licences as shall have been granted for the purpose hereinbefore mentioned within the twelve months then next preceding. " XXXIII. And be it further enacted, that in case any jesuit, or member of any such religious order, community, or society as aforesaid, shall, after the com- mencement of this act, within any part of the United Kingdom, admit any person to become a regular ecclesiastic, or brother or member of any such religious order, community, or society, or be aiding or consenting thereto, or shall administer or cause to be administered, or be aiding or assisting in the administering or taking, any oath, vow, or engagement purporting or intended to bind the person taking the same to the rules, ordinances, or ceremonies of such religious order, community, STATUTA GE0RG1I IV. A.D. 1820-1830. 1411 or society, every person offending in the premises in England or Ireland shall be Stat. 10 Geo. deemed guilty of a misdemeanor, and in Scotland shall be punished by fine and 4» c- 7. imprisonment. " XXXIV. And be it further enacted, that in case any person shall, after the Any person commencement of this act, within any part of this United Kingdom, be admitted 80 admitted a or become a jesuit, or brother or member of any other such religious order, com- "y^^g ord-r munity, or society as aforesaid, such person shall be deemed and taken to be '£0 be banished, guilty of a misdemeanor, and being thereof lawfully convicted shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life. " XXXV. And be it further enacted, that in case any person sentenced and The party ordered to be banished under the provisions of this act shall not depart from the offending may United Kingdom within thirty days after the pronouncing of such sentence and J^JjJJj?. ^ order, it shall be lawful for his majesty to cause such person to be conveyed to such place out of the United Kingdom as his majesty, by the advice of his privy council, shall direct. " XXXVI. And be it further enacted, that if any offender, who shall be so and if at large sentenced and ordered to be banished in manner aforesaid, shall, after the end of after three three calendar months from the time such sentence and order hath been pro- ™J^d nounced, be at large within any part of the United Kingdom, without some lawful for ^ p cause, every such offender being so at large as aforesaid, on being thereof lawfully convicted, shall be transported to such place as shall be appointed by his majesty, for the term of his natural life. " XXXVII. Provided always, and be it enacted, that nothing herein con- Not to extend tained shall extend or be construed to extend in any manner to affect any religious to female order, community, or establishment consisting of females bound by religious or societies« monastic vows. "XXXVIII. And be it further enacted, that all penalties imposed by this act Penalties, shall and may be recovered as a debt due to his majesty, by information to be filed now to De in the name of his majesty's attorney-general for England or for Ireland, as the recovere(1, case may be, in the courts of Exchequer in England or Ireland respectively, or in the name of his majesty's advocate-general in the court of Exchequer in Scotland. " XXXIX. And be it further enacted, that this act, or any part thereof, may Act may be be repealed, altered, or varied at any time within this present session of par- altered this liament. session. " XL. And be it further enacted, that this act shall commence and take effect Commence- at the expiration of ten days from and after the passing thereof. ment of act. Schedule to which this Act refers. Date of the Registry. Name of the Party. Age. Place of Birth. Name of the Order, Community, or Society whereof he is a Member. Name and usual Residence of the next immediate Superior of the Order, Community, or Society. Usual Place of Residence of the Party. 4X2 1412 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4, cap. vii. CCXXIX. Stat. 10 Georgii 4, cap. vii. A.D. 1829. "An Act for effecting an Exchange between the Dean and Chapter of the Cathe- dral Church of Saint Paul, in London, and John Pedley, Esquire." Stat. 10 Geo. 4, CAP. XI. CCXXX. Stat. 10 Georgii 4, cap. xi. A.D. 1829. "An Act for vesting a new Church in the Parish of Liverpool, in the County of Lancaster, in the Mayor, Bailiffs, and Burgesses of the said Town; and for authorizing the Appointment of Districts for the better Performance of Ecclesias- tical Duties within the said Parish." Stat. 10 Geo. 4, cap. xiv. CCXXXI. Stat. 10 Georgii 4, cap. xiv. A.D. 1829. "An Act for extinguishing Tithes and Paytnents in lieu of Tithes, Mortuaries, and Easter Offerings, and other Vicarial Dues and Payments, within the Parish of Halifax, in the Diocese and County of York; and for making Compensation to the Vicar in lieu thereof, and enabling him to grant certain Leases of Lands belonging to the Vicarage." Stat. 10 Geo. 4, CAP. xv. CCXXXII. Stat. 10 Georgii 4, cap. xv. A.D. 1829. i An Act for establishing and governing an Institution in Liverpool, called 'The School for the Indigent Blind at Liverpool;' for incorporating the Subscribers thereto; and also for regulating and supporting a Chapel attached to the said Institution." Stat. 10 Geo. 4, cap. xxiii. CCXXXIII. Stat. 10 Georgii 4, cap. xxiii. A.D. 1829. (An Act for enabling the Lord Bishop of Chic/iester to grant Building Leases of certain Estates belonging to the said See." Stat. 10 Geo. 4, c. 25. Patronage of livings vested in the Admi- ralty. 1 Geo.4,c.l06. Roman catho- lies not to be CCXXXIV. Stat. 10 Georgii 4, c. 25. A.D. 1829. "An Act to provide for the better Management of the Affairs of Greenwich Hospital." " XXXV. And whereas by an act passed in the fifty-first year of the reign of his late majesty, intituled, ' An Act for erecting Five distinct Rectories and Parishes within the Rectory and Parish of Simonburn in the County of Northumberland, and for separating the same from the Rectory and Parish Church of Simonburn, and for providing Parish Churches, Churchyards, and Parsonage Houses for the same, and for restraining the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich in the County of Kent, from presenting to the Rectory of Simonburn, or the said new Rectories, any other Persons than Chaplains in the Royal Navy,' the rights of patronage and presentation of, in, and to the several rectories of Simonburn, Wark, Bellingham, Thorneyburn, Fallstone, and Grey- stead, in the County of Northumberland, are vested in the commissioners and governors of the Royal Hospital for Seamen at Greenwich in the county of Kent, and their successors for ever ; be it enacted, that from and after the passing of this act the rights of patronage and presentation to the said several rectories of Simon- burn, Wark, Bellingham, Thorneyburn, Fallstone, and Greystead, and also to the living of Alston in the county of Cumberland, and all other benefices which may belong to Greenwich Hospital, shall (subject to the provisions of the said act) and of an act passed in the first year of the reign of his present majesty, intituled, * An Act to enable Chaplains in the Navy, presented to either of the Livings of Simon- burn, Wark, Bellingham, Thorneyburn, Fallstone, or Greystead, in the County of Northumberland, to receive their Half Pay, and for other Purposes relating to the said Livings,' be for ever hereafter vested in the lord high admiral, or commissioners for executing the office of lord high admiral, for the time being. " XXXVI. Provided nevertheless, and be it further enacted, that nothing herein contained shall extend to authorize or empower any person professing the STATUTA GEORGII IV. A.D. 1820—1830. 1413 Roman catholic religion, being one of the commissioners for executing the office Stat. 10 Geo. of lord high admiral, in any manner to join in the election, presentation, or appoint- 4» c> 25 • ment to any of the benefices hereinbefore mentioned. concerned in " XXXVII. And be it enacted, that it shall be lawful for any person or persons g^1^011 to whomsoever, having power so to do, to give, devise, or bequeath any messuages, (jommjssjoner, lands, tenements, or hereditaments, goods, monies, chattels, and effects, to and for may with_ the use or benefit of Greenwich Hospital ; and that the commissioners of Green- out licence in wich Hospital and their successors shall be able and capable in law, without licence mortmain, in mortmain, to take, hold, receive, possess, and enjoy, to them and their success sors, for the purposes of the said hospital, or the persons supported therein or therefrom, any manors, messuages, lands, rents, tenements, annuities, and heredi- taments, of what nature or kind soever, or any estate or interest arising or derived out of any manors, messuages, lands, tenements, or hereditaments to them and their successors in fee and perpetuity, or for life or lives, or term of years, or otherwise, and to let, sell, alien, exchange, assign, and dispose of the said manors, messuages, lands, tenements, or hereditaments at their will and pleasure, as shall be most beneficial for the said institution." CCXXXV. Stat. 10 Georgii 4, c. 84. [Ireland.] A.D. 1829. Stat. 10 Geo. "An Act for consolidating and amending the Statutes in Ireland relating to 4' c* 34' Offences against the Person." " XXVII. And be it enacted, that if any person shall arrest any clergyman Arrest of cler- upon any civil process while he shall be performing divine service, or shall, with gyman during the knowledge of such person, be going to perform the same, or returning from the service, performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or by both, as the court shall award." CCXXXVI. Stat. 10 Georgii 4, cap. xliv. A.D. 1829. Stat. 10 Geo. "An Act to enable the Mayor, Bailiffs, and Commonalty of the City of Winchester 4' cap' **iy' to convey certain Estates, the Possessions of the Hospital of Saint John the Baptist in Winchester, to Trustees to be appointed by the Court of Chancery; and to enable such Trustees to exercise certain Powers over the said Estates; and to authorize the Mayor, Burgesses, and Commonalty of the City of Bristol to convey to the said Trustees a certain Sum payable every twenty-fourth year under a Grant of Sir Thomas White; and for other Purposes." CCXXXVII. Stat. 10 Georgii 4, cap. xlv. A.D. 1829. Stat. 10 Geo. "An Act for enabling the Dean and Chapter of the Cathedral Church of Saint Paul 4' cap' xlv* in London to grant Building Leases, pursuant to an Agreement entered into with John Ambler for that Purpose." CCXXXVIII. Stat. 10 Georgii 4, cap. xlvi. A.D. 1829. Stat> 10 Ge0# "An Act for enabling the Dean and Chapter of the Cathedral Church of Saint Paul 4» caP- M- in London, to grant Building Leases of certain Land of the said Dean and Chapter at Barnes, in the County of Surrey." CCXXXIX. Stat. 10 Georgii 4, cap. xlix. A.D. 1829. Stat. 10 Geo. "An Act for enabling the Hector for the time being of Saint Mary, Newington 4' cap' xJu* Butts, in the County of Surrey, to make certain Confirmations, Leases, and Assurances of certain parts of the Glebe Lands belonging to his Rectory." 1414 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4, c. 50. His majesty may grant sites for churches, CCXL. Stat. 10 Georgii 4, c. 60. A.D. 1829. "An Act to consolidate and amend the Laws relating to the Management and Improvement of His Majesty's Woods, Forests, Parks, and Chases, of the Land Revenue of the Crown within the Survey of the Exchequer in England, and of the Land Revenue of the Grown in Ireland, and for extending certain Provisions relating to the same to the Isles of Man and Alderney." " XLV. And whereas it is desirable that his majesty, his heirs and successors, should be at liberty to grant any lands or hereditaments, part of the possessions or land revenues of the crown to which this act relates, for any of the purposes herein mentioned, whenever he or they shall be graciously pleased so to do ; be it there- fore enacted, that the king's most excellent majesty, his heirs and successors, shall at any time hereafter have full power and authority, out of the said possessions and land revenues of the crown to which this act relates, to give and grant to and vest in any body or bodies politic or corporate, or any person or persons whomsoever, and their heirs and successors respectively, for such estate or interest therein as to his majesty, his heirs and successors, shall seem meet, any building proper to be used as or converted into, or any ground proper for the site of any church or chapel, with or without a cemetery or burial ground thereto, or any ground proper for a cemetery or burial ground, to any church or chapel, and any house, with its appurtenances, and with or without a garden thereto, proper for the residence of the spiritual person who may serve such church or chapel, or any ground proper for the site or sites of any such residence, or of any parochial or district school, any- thing in this act or any other law or statute to the contrary in anywise notwith- standing ; and such body or bodies politic or corporate, or person or persons, and their heirs, successors, executors, or administrators, shall have full capacity and ability to take, hold, and enjoy the same ; and whenever it shall be the pleasure of his majesty, his heirs or successors, to make a grant for any of the purposes afore- said, it shall be lawful for the lord high treasurer, or the commissioners of his majesty's treasury for the time being, to issue a warrant under his or their hand or hands to any such body or bodies politic or corporate, or person or persons as aforesaid, which warrant shall be exempt from any stamp duty whatsoever, and shall, if the same shall relate to a grant in England and Wales, be enrolled in manner hereinafter mentioned, and if the same shall relate to a grant in Ireland, shall be enrolled in the office of record in Ireland in which the rentals or rent rolls of the king's rents shall be preserved, and the enrolment of the said warrant shall be certified at the foot or on the back thereof by the proper officer or officers by whom the same shall be enrolled, under his or their hand or hands, and the said warrant, when so enrolled, shall be returned with such certificate of enrolment to the grantee or grantees of such lands and premises ; and from and immediately after such enrolment thereof, the grantee or grantees named in such warrant, and his or their heirs, successors, executors, or administrators, shall, by force of this act, be adjudged, deemed, and taken to be in the actual seisin or possession of the premises in the said warrant specified, and shall hold and enjoy the same, either absolutely and in perpetuity, or for such limited estate, term, or interest, and under and subject to such reservations of rent or other acknowledgments, conditions, or restrictions, and upon such trusts and for such purposes, as shall be specified, inserted, directed, or contained in such warrant ; any law, statute, or usage to the contrary thereof in anywise notwithstanding: provided always, that nothing in this act contained shall extend or be construed to extend to enable his majesty, his heirs or successors, to grant more than five acres in any one grant for any of the purposes aforesaid, or to grant any premises in any one instance which shall exceed in value the sum of one thousand pounds." Stat. 10 Geo. CCXLI. Stat. 10 Georgii 4, cap. li. A.D. 1829. 4, cap li «jn yor erectjng an(i endowing a Church in Abercrombie Square in the Parish of Liverpool, in the County Palatine of Lancaster.'''' STATUTA GEORGII IV. A.D. 1820-1830. 1415 CCXLII. Stat. 10 Georgii 4, c. 53. A.D. 1829. "An Act to regulate the Duties, Salaries, and Emoluments of the Officers, Clerks, and Ministers of certain Ecclesiastical Courts in England." " Whereas the commissioners authorized and appointed by several commissions and warrants, as well from his late majesty King George the Third, as from his present majesty, to make a diligent examination of the duties, salaries, and emo- luments of the several officers, clerks, and ministers of justice of and within all ecclesiastical courts (amongst other courts) in England, and to inquire what regu- lations might be fit to be established respecting such duties, salaries, and emolu- ments, have, in pursuance of the said several commissions and warrants, made two several reports to his present majesty, one dated the sixteenth day of May, one thousand eight hundred and twenty-three, as to the duties, salaries, and emolu- ments of the officers, clerks, and ministers of justice of the court of Arches, Pre- rogative court, and court of Peculiars of the Lord Archbishop of Canterbury respectively, and the other dated the fourth day of July one thousand eight hun- dred and twenty-three, as to the duties, salaries, and emoluments of the officers, clerks, and ministers of justice of the Consistory court and Commissary court of the Lord Bishop of London respectively; and whereas the said commissioners have in their said several reports recommended the regulation of the duties, sala- ries, and emoluments of the officers, clerks, and ministers of justice of the said several courts respectively, and it is expedient that such recommendation of the said commissioners should be carried into effect, and that some provision should be made for the permanent regulation of the said duties, salaries, and emoluments; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that it shall and may be lawful for the official principal of the said court of Arches, together with the chancellor of the diocese of London and the commissary of the diocese of Canter- bury, or together with either of them, and they are hereby required, to take into consideration the said reports and recommendations of the said commissioners, and to establish and ordain tables of fees to be thereafter taken by the several officers, clerks, and ministers of the said several courts respectively, such tables respec- tively to contain the fees recommended by the said commissioners in their said reports to be taken by the several officers, clerks, and ministers of the said several courts respectively, and no other fees or emoluments whatsoever ; which tables of fees, when so established and ordained, shall be entered or enrolled in the public books or records of the courts to which they respectively relate, in such manner as the persons establishing the same shall think fit. " II. And be it further enacted, that the fees so established and ordained shall, from and after the establishment and ordaining thereof, and the entry or enrolment of such tables as aforesaid, and after notice thereof given to the officers, clerks, and ministers respectively whom they may concern, in such manner as the persons establishing the said tables shall direct, be the lawful fees of such officers, clerks, and ministers respectively, and that none other (except such as may be altered or ordained as hereinafter provided) shall be demanded, received, or taken by such officers, clerks, and ministers respectively, under any colour or pretence what- soever. " III. And whereas some alteration in such tables of fees, after the same shall have been so entered and enrolled as aforesaid, may from time to time become expedient and necessary ; be it therefore enacted, that it shall and may be lawful for the said persons for the time being by whom such tables of fees shall be esta- blished as aforesaid from time to time to alter such tables of fees, and also to esta- blish and ordain other reasonable, new, or additional fees to be demanded, received, and taken by such officers, clerks, and ministers respectively, and to cause such altered, new, or additional fees to be entered or enrolled in the public books or records of the courts to which they respectively relate ; and which altered, new, or additional fees, when so entered or enrolled, shall 1 e the lawful fees of such offi- Stat. 10 Geo. 4, c. 53. Tables of fees to be esta- blished, and enrolled in the books of the courts. The fees in such tables to be the only lawful fees. Power to make alterations or additions in such tables. 1416 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4. c. 53. Alterations or additions to be approved pre- vious to their enrolment. Tables of fees to be hung up in the offices to which they relate. Not to extend to fees of proctors. Power to make regulations for due perform- ance of duties. Appointment of deputy registrars, &c. As to the appointment cers, clerks, and ministers ; provided always, that before such altered, new, or addi- tional fees shall be entered or enrolled in the public books or records of the courts to which they respectively relate, and before the same shall be demanded, taken, or received by the said officers, clerks, and ministers respectively, the same shall be approved by the Lord Archbishop of Canterbury and the Lord Bishop of London respectively, as the same may relate to their respective courts, and, if approved by them, shall be submitted to the consideration of his majesty's privy council, who may disallow the same or any part thereof ; and notice shall be given in the London Gazette of such submission to the privy council ; and if, within the space of three calendar months from the time of giving such notice, the same shall not be disal- lowed by the privy council, such altered, new, or additional fees, or such part thereof as shall not be disallowed, shall, from and after the expiration of the said three calendar months, be deemed and taken to be lawful fees, and shall be entered or enrolled as such in the public books or records of the courts to which they respectively relate, and added to the respective tables of fees accordingly. " IV. And be it further enacted, that the several tables of fees so ordained and established as aforesaid, together with any subsequent alterations that may from time to time be made therein as aforesaid, shall be respectively kept hung up in some conspicuous part of the office or place of business to which they relate ; and that extracts from such tables shall be hung up in some conspicuous part of the office or place of business of each officer, clerk, or minister of the said several courts respectively, containing such parts thereof as shall concern such officer, clerk, or minister. " V. Provided always and be it further enacted, that nothing in this act con- tained shall extend to any charges or fees made or received by any proctor of the same courts, or of any of them, in respect of business done by such proctor in his character and profession of proctor only, and not as such officer, clerk, or minister as aforesaid. " VI. And whereas various important duties are required to be performed by the deputy registrars and clerks of seats in the office of the Prerogative court, and by the other officers, clerksj and ministers employed in the registry and in other offices of the several before-mentioned courts, the due performance of which it is expedient to regulate and enforce, and to provide for the due qualification of the persons appointed to such offices ; be it therefore enacted, that it shall and may be lawful for the said persons for the time being respectively hereinbefore authorized to establish fees, and they are hereby required, forthwith to inquire into the per- formance of such duties, and from time to time to make such regulations respecting the same, and the performance thereof by the several officers, clerks, and ministers aforesaid, as to them shall seem expedient ; which regulations, having been approved and confirmed by the Lord Archbishop of Canterbury, when they relate to the said court of Arches, Prerogative court, and court of Peculiars, or either of them, and having been approved and confirmed by the Lord Bishop of London, when they relate to the said Consistory court and Commissary court, or either of them, shall be entered or enrolled in the public books or records of the courts to which they shall relate respectively, and shall from the time of such entry or enrolment be in full force with respect to such officers, clerks, and ministers respectively, and binding upon them and each of them. " VII. And be it further enacted, that from and after the passing of this act no person shall be appointed to the office of deputy registrar, entering clerk, record keeper, clerk of the seats, or examiner in any of the said several courts respec- tively, unless the appointment of such person to such office shall be previously approved by the judges for the time being of the said several courts respectively, and confirmed by the Archbishop of Canterbury or Bishop of London, as such appointment may relate to the respective courts of such archbishop or bishop, such approbation and confirmation to be signified in writing, and to be regis- tered. " VIII. And be it enacted, that no person shall be hereafter appointed clerk of a seat in the office of the said Prerogative court, unless he be a notary public, and STATUTA GEORGII IV. A.D. 1820—1830. 1417 have duly served a clerkship of seven years to a proctor practising as such in one Stat. 10 Geo. of the said courts; and such clerk of a seat shall execute Ids duties in person, 4» c- 53- except when prevented by reasonable cause ; and when so prevented, he shall pro- of clerks of cure rhe assistance of some other notary public, to be approved by the judge : pro- seats* vided always that nothing herein contained shall extend or apply to any clerk of a seat in the office of the Prerogative court, duly appointed thereto before or at the time of passing this act. " IX. And whereas delay in the progress of causes in the said several courts, Additional and in the high court of Delegates, is occasioned by some of the present rules of court days may practice (1), and particularly by rules respecting causes proceeding in pcenxim contu- ^^orders"6^' macice, where the parties cited do not appear ; be it therefore enacted, that it shall (1) Rules cf practice : — In Jolly v. Baines, (12 A. & E. 201.) it was held, on motion for a prohibition, that the court of Queen's Bench will not enter into questions as to the practice of the ecclesiastical courts ; as, whe- ther witnesses in a suit have been examined conformably to a general order of the court of Arches, although such order was made by virtue of Stat. 10 Geo. 4, c. 53, s. 9. It was likewise held, that a cause of sub- traction of church rate may be carried into the Arches court by letters of request from the commissary of the diocese, or other ju- risdiction, in which the cause originates, under Stat. 23 Hen. 8, c. 9, s. 3, without any proceeding having been first taken in the court of that jurisdiction; and that it is sufficient ground for such removal that mat- ters of difficulty may arise, in which the parties desiring letters of request can have assistance of counsel in the superior court, not attainable in the inferior: — Lord Den- man stating, " This was a motion for a pro- hibition to the court of Arches, in a suit for subtraction of church rate. " Two objections were urged. First, that the depositions were improperly taken, with reference to the statute 10 Geo. 4, c. 53, s. 9. The answer is clear, that, even if it were so, it is a matter of irregularity in practice only, and no ground for this court to interfere by writ of prohibition. 11 Secondly, that the party was cited out of his diocese, and that a suit of subtraction of church rates cannot, by the law, civil or canon, be referred by letters of request to the superior ecclesiastical court, and so is not within the exception of the statute 23 Hen. 8, c. 9. No authority was cited for this position, nor any reason assigned at the bar, why a suit for subtraction of church rate might not be so referred as much as a suit for subtraction of tithes, or for brawling, or any other contentious matter. But it was said by counsel, that they were not aware of any instance in which it had been done. 11 We have made inquiry, and find that suits for subtraction of church rate have fre- quently been referred by letters of request, and that no objection has ever been taken on that ground, although in several such in- stances a prohibition has been moved for on other grounds. The ground usually as- signed in the letters of request is, that the parties can, in the superior court, have the benefit of counsel learned in the law, which advice cannot be had in the inferior jurisdic- tion ; and this ground is obviously applicable to the case in question. " We see, therefore, no reason to doubt that the letters of request were in this case proper ; and the rule must be discharged." The citation in the foregoing case was addressed by Herbert Jenner, &c, official principal, &c, "To all and singular clerks, and literate persons," in the province of Can- terbury, and recited as follows. "Whereas we have lately received letters of request from the worshipful Christopher Hodgson, M.A., commissary of the Right Reverend Father in God, John, by divine permission Lord Bishop of Lincoln, in and for the archdeaconry of Leicester, lawfully constituted, of the tenor following, to wit : 1 Whereas W. Jolly and W. Berridge, churchwardens of the parish of St. Martin's, in the borough of Leicester, in the county, archdeaconry, and commissa- ryship of Leicester, in the diocese of Lincoln, intend to institute proceedings against Wil- liam Baines, of the Market Place, in the borough of Leicester aforesaid, hatier and hosier, a parishioner and inhabitant of the said parish of St. Martin, in a cause of sub- traction of church rates made in and for the said parish, and have requested us, Christo- pher Hodgson, M.A., commissary,' &c, 'in and for the said archdeaconry,' &c, 'to grant them letters of request, in order that the said proceedings may be promoted and prosecuted in the Arches court of Canterbury ; and whereas matters of difficulty may arise wherein the parties may require the aid and assistance of civilians or counsel learned in the law, practising in the said Arches court : Now we the said C. Hodgson, M.A., the commissary aforesaid, do hereby, request you, the Right Hon. Sir H. J.,' &c, 'of- ficial principal,' &c., 'your surrogate, or some other competent judge, in this behalf, to cite, or cause to be cited, the said William Baines, a parishioner and inhabitant of the parish of St. Martin aforesaid, that he appear before you, your surrogate, or some other competent judge, in this behalf, at a certain competent time and place, and, in manner to be therein specified, to answer to the said W. J. and W. B., in a certain cause of sub- traction of church rates, made in and for the parish of St. Martin, and to hear and deter- mine the said cause or business as unto law and justice shall appertain, at the promotion of the said W. J. and W. B., the churchwar- dens of the said parish of St. Martin. In witness whereof we have hereunto set our 1418 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. 4, c. 53. made for expediting causes. Holidays. Court of Pecu- liars may be held in Doc- tors Commons. Officers shall continue and business be transacted in the said courts during the and may be lawful for the judges for the time being of the said court of Arches, Prerogative court, court of Peculiars, Consistory court, and Commissary court respectively, from time to time to appoint new and additional court days for the transaction of business in their several courts respectively, which new and addi- tional court days shall, from and after the appointment thereof as aforesaid, be regular court days for the transaction of business, to all intents and purposes ; and to make orders of court for expediting and regulating the proceedings in their several courts, and to cause the said orders to be entered or enrolled in the public books or records of the several courts to which they respectively relate, and which, when so entered, shall, until altered or revoked by the same authority, be observed by such courts respectively ; and all such orders for the expediting or regulating the proceedings in any causes, as far as the same are applicable to cases of appeal, shall be submitted to the consideration of the lord high chancellor or keeper of the great seal for the time being, who may direct the same and any further order or orders to be observed as rules of practice by the said high court of Delegates in all causes to which such rules and orders respectively may relate or be applicable ; and which orders, when approved by the lord chancellor or lord keeper for the time being, shall be entered as rules of practice in the register books of the said court of Dele- gates, and be observed as such by the same court accordingly, until altered or revoked by competent authority. " X. And whereas great and unnecessary inconvenience and delay are occa- sioned by the numerous holidays now kept in the office of the said Prerogative court ; be it therefore enacted, that from and after the passing of this act no holi- days shall be kept in the office of the said Prerogative court, except such as are observed as holidays at his majesty's head office of stamps in London. " XI. And whereas great inconvenience arises from the said court of Peculiars being held in the vestry room of Bow church ; be it therefore enacted, that from and after the passing of this act the said court of Peculiars shall and may be held in the common hall or place of judicature in Doctors Commons ; and that all pro- cess from and out of the said court of Peculiars shall be returnable at such place in Doctors Commons ; and all the business of the said court of Peculiars shall be done and transacted in the said place as fully and effectually to all intents and purposes whatsoever as if the same had been done and transacted in the said vestry room of Bow church ; any usage to the contrary notwithstanding. " XII. And whereas great inconvenience arises from the ceasing of the func- tions of the judges and other officers, and the suspension of business in the several courts of the Lord Archbishop of Canterbury and of the Bishop of London respec- tively, upon any vacancy of their respective sees ; be it therefore enacted, that upon any vacancy of the respective sees of Canterbury and London, after the passing of hand and seal, and caused the seal of our office to be affixed, this 12th day of Novem- ber, A.D. 1838.' " The citation then fur- ther recited that, at the petition of the proc- tor of W. J. and W. B. and in aid of justice, Sir H. J. had accepted the said letters of request and decreed to proceed according to the tenor thereof, and in pursuance thereof had decreed the said W. Baines to be cited and called into judgment, on, &c, (as after mentioned.) The citation then proceeded : " We do therefore hereby authorize, em- power, and strictly enjoin and command you, jointly and severally, peremptorily to cite or cause to be cited, the said William Baines, that he appear personally, or by his proctor duly constituted, before us, our surrogate, or some other competent judge, in this behalf, in the common hall of Doctors' Commons, situate in the parish of St. Benedict, near St. Paul's Wharf, London, and place of judicature there, on the 6th day after he shall have been served with these presents, if it be a general session, by-day, or additional court day of the said Arches court, otherwise on the general session, by-day, or additional court day of the said court then next follow- ing, at the hour of ten in the forenoon, and there to abide during the sitting of the said court, then and there to answer to the said W. J. & W. B., in the said cause of sub- traction of church rate, and further to do and receive as unto law and justice shall appertain, under pain of the law and con- tempt thereof, at the promotion of the said W. J. and W. B. And what you shall do or cause to be done in the premises you shall duly certify us, our surrogate, or some other competent judge, in this behalf, together with these presents. Dated at London, the 15th day of November, A.D. 1838. " Wm. Townsend, " Registrar." STATUTA GEORGII IV. A.D. 1020-1830. 1419 Stat. 10 Geo. 4, c. 53. vacancy of the sees of Can- terbury or London. Upon death of judges, the surrogates, &c. to continue until new ap- pointments. Stat. 10 Geo. 4, c. 57. this act, the judges and officers for the time being of the several courts of the said Lord Archbishop of Canterbury and Bishop of London respectively shall during such vacancy, and until the issuing of new commissions in that behalf, respec- tively continue to hold their respective offices; and all business in the several offices of such courts respectively shall be transacted and carried on during such vacancy, and shall be as valid and effectual to ail intents and purposes as if no such vacancy had occurred. " XIII. And be it further enacted, that upon the death of any of the judges of the said several courts, the surrogates and other officers of the said several courts appointed by such judges respectively shall continue to exercise their respective offices until a new appointment shall be made by the persons having competent authority so to do." CCXLIII. Stat. 10 Georgii 4, c. 57 (1). A.D. 1829. "An Act to continue, until the first day of July, One thousand eight hundred and thirty, the Powers of the Commissioners for inquiring concerning Charities in England and Wales." CCXLIV. Stat. 10 Georgii 4, c. 58. [Ireland.] A.D. 1829. Stat. 10 Geo. "An Act to repeal an Act of the Parliament of Ireland, of the ninth year of the 4' °' 58 ' '-Ir'^ Reign of Queen Anne, for uniting several Parishes, and building several Parish Churches in more convenient Places, so far as relates to the Parishes of Oran and Drumtemple, in the Diocese of Elphin" " Whereas an act was passed in the parliament of Ireland in the ninth year of 9 Ann. c. 12, the reign of Queen Anne, intituled, * An Act for uniting several Parishes, and s- 2- building several Parish Churches in more convenient Places,' whereby, after reciting that the parishes of Oran and Drumtemple in the diocese of Elphin were fit to be united, and that the ancient church of Oran within the said parish of Oran was conveniently situated for the parishioners of the said parishes to repair unto, were the same rebuilt, it was enacted, that it should and might be lawful to and for the bishop of the said diocese, with the approbation of the archbishop of the province, and the consent of the respective patrons, incumbents, and the major part of the inhabitants of the said parishes, to order the church to be rebuilt at Oran in the said parish of Oran, and to unite the said parishes of Oran and Drumtemple ; and that the said parishes so united should be called by the name of the parish of Oran ; and that the inhabitants of the said united parish should from time to time be liable to and chargeable with building and keeping in repair the said church of Oran, which was for ever to be deemed and taken to be one parish to all intents and purposes whatsoever : and whereas after the passing of the said act the said parishes of Oran and Drumtemple were episcopally united with three other parishes, namely, the parish of Donamon, the parish of Kilcrowan, and the parish of Bally- nakill, all in the said diocese of Elphin, which union still subsists ; and whereas, in consequence of the great extent of the said union, it may be expedient hereafter to disunite the said parishes, or to divide the said union into two parts, one to con- sist of the said parishes of Oran and Drumtemple, and the other to consist of the said parishes of Donamon, Kilcrowan, and Ballynakill ; and whereas no church has since the passing of the said act been built or rebuilt, pursuant thereto, in the said parishes thereby united, or either of them ; and the said union of the said five parishes now contains only one church, which is in the said parish of Dona- mon, and is extremely remote from other parts of the said union ; and whereas the trustees and commissioners of the first-fruits of the several benefices in Ireland have granted the sum of nine hundred pounds, late Irish currency, for building a church in the said parish of Drumtemple, being part of the union created by the said act ; and a site for such new church has been selected in the village of Bal- ly moe in the said parish, as being more eligible than the site of Oran, mentioned in the said act; but such new church cannot, by reason of the said act, be erected (1) Vide Stat. 1 & 2 Gul. 4, c. 34 ; and Stat. 5 & 6 Gul. 4. c. 71 1420 STATUTA GEORGII IV. A.D. 1820-1830 Stat. 10 Geo. 4, c. 58. [Ir.] Recited act in part repealed. A new church to be erected in the village of Ballymoe. Public act. 2 Geo. l,c. 14. at any other place in the said union of Oran and Drumtemple than Oran aforesaid which has on various accounts become unfit for that purpose; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that so much of the said act passed in the ninth year of the reign of Queen Anne as is hereinbefore recited shall be and the same is hereby repealed. " II. And be it enacted, that it shall and may be lawful to and for the bishcp of the said diocese, with the approbation of the archbishop of the province, and the consent of the respective patrons of the said parishes of Oran and Drumtemple, to order or direct such new church to be erected in the said village of Bal^Tnoe, or any other place in either of the said parishes, which to such bishop shall appear most convenient. " III. And whereas by an act passed in the parliament of Ireland in the second year of the reign of King George the First, intituled, * An Act for real Union and Division of Parishes,' reciting that there might be occasion thereafter for making an act or acts of parliament for the uniting or disuniting of particular parishes or parts of parishes, or erecting particular churches, it was enacted, that all such acts of parliament for the aforesaid purposes only, or any of them, should be deemed as public and general acts in all courts and by all persons, and that no fees should be paid or taken by any person or persons for passing any such act of parliament : and whereas it is expedient that a like provision should be made in this case ; be it therefore enacted, that this present act shall be deemed a public and general act, and shall be judicially taken notice of as such in all courts, and by all judges, justices, and others, without being specially pleaded, and that no fees shall be paid or taken by any person for passing the same." Stat. 10 Geo. 4, c. 61. Commissioners empowered to make vaults under St. Mar- tin's church- yard. CCXLV. Stat. 10 Georgii 4, c. 61. A.D. 1820. "An Act to amend an Act of the seventh year of His present Majesty, for extending to Charing Cross, the Strand, and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-hone Parky " VIII. And whereas by the said in part recited act of the seventh year of the reign of his present majesty it was enacted, that it should be lawful for the said commissioners acting in the execution of the said act to take or use, for the pur- poses of the said act, so much of the burial ground of the parish of Saint Martin in the Fields as lay on the south side of the said church as might be required for the purpose, and the ground so taken and the fee-simple and inheritance thereof should be and were thereby vested in the king's majesty, his heirs and successors, for the purposes of the said act ; and it was thereby further enacted, that the said commis- sioners acting in the execution of the said act should be and were thereby empow- ered and required, out of the monies to be applied for the purposes of the said act, to purchase or otherwise provide a piece or parcel of ground, to be approved by the Lord Bishop of London and the vicar of the parish of Saint Martin in the Fields for the time being, to be appropriated in enlarging that part of the then present burial ground as was situated on the north and east sides of the said church, such additional ground to be used as and for a burial ground for the parishioners of the said parish of Saint Martin in the Fields ; and to procure the same to be conse- crated and settled for that purpose, in such manner as the Lord Bishop of London for the time being, or such person as he should appoint, should direct ; and to cause such burial ground to be made under pavement, and inclosed in such manner as the Lord Bishop of London, and the vicar of the said parish of Saint Martin in the Fields for the time being should approve ; and the said commissioners should cause a proper gate or gates to be erected as an entrance thereto, with locks and other fastenings ; and such new burial ground, and the soil thereof, and the free- hold and inheritance of the same in fee-simple, should be vested in the same manner, and should be subject to the same peculiar jurisdictions and visitations, as the then present burial ground of the parish of Saint Martin in the Fields : and whereas by STATUTA GEORGII IV. A.D. 1820—1830. 1421 an act passed in the ninth year of the reign of his present majesty, intituled, < An Stat.^10 Geo. Act to alter and enlarge the Powers of an Act passed in the seventh year of the 4» c- 61. Reign of His present Majesty, for extending to Charing Cross, the Strand, and 9 Geo. 4, c. 70. Places adjacent, the Powers of an Act for making a more convenient Communica- tion from Mary-le-bone Park, and for enabling the Commissioners of His Majesty's Woods, Forests, and Land Revenues to grant Leases of the Site of Carlton Palace, and for other Purposes relating thereto,' it was amongst other things enacted, that whenever, at any time after the passing of the now reciting act, it should be necessary, in pursuance and execution of the said therein and hereinbefore in part recited act, to open or disturb any grave or graves, or any burial vault or vaults, in the said burial ground of the said parish of Saint Martin in the Fields on the south side of the said church, it should be lawful for the said commissioners acting in the execution of the said recited act, with the consent of the vicar and churchwardens for the time being of the said parish of Saint Martin in the Fields, or the major part of them, to remove and carry away the remains of any such per- son or persons as should have been interred or deposited in such grave or graves, vault or vaults, and place the same either in such new burial ground as by the said therein and hereinbefore in part recited act the said commissioners were empowered and required to provide, or in any other churchyard or consecrated ground, in such manner as the Lord Bishop of London for the time being, or such person or per- sons as he might appoint, should direct, and that the expenses of such removing and carrying away and placing (not exceeding in any one case the sum of ten pounds) should be paid by the said commissioners acting in the execution of the said therein and hereinbefore in part recited act, out of the monies to be applied for the purposes of the said act : and whereas, for the greater accommodation of the interment of bodies within the parish of Saint Martin in the Fields aforesaid, and in order more effectually to enable the commissioners acting in the execution of the said recited act of the seventh year of the reign of his present majesty, to remove the remains of the persons now interred in the present burial ground of the said parish, the said commissioners have proposed to make a vault or vaults for that purpose under the present churchyard, on the north, east, and south sides of Saint Martin's church aforesaid ; be it therefore further enacted, that the said commis- sioners acting in the execution of the said recited act of the seventh year of the reign of his present majesty as aforesaid, shall be and they are hereby authorized and empowered, by and with the consent of the vicar and churchwardens of the said parish of Saint Martin in the Fields or the major part of them, when and so soon as they shall think it expedient so to do, to make, form, and complete a vault or vaults under the north, east, and south sides of the present churchyard of the parish of Saint Martin in the Fields aforesaid, or under such part or parts thereof as they shall think necessary and proper for that, purpose ; such vault or vaults to be approved by the Lord Bishop of London, and to be used as and for a burial vault or vaults for the parishioners of the said parish. " IX. And be it further enacted, that whenever at any time after the passing of Commissioners this act it shall be necessary, in pursuance and execution of the said in part recited empowered to acts, or of this act, or either of them, to open or disturb any grave or graves, or any remove D0(iies- burial vault or vaults, in the burial ground of the said parish of Saint Martin in the Fields aforesaid, it shall be lawful for the said commissioners acting in the execution of the said recited act of the seventh year of the reign of his present majesty aforesaid, with the consent of the vicar and churchwardens for the time being of the said parish of Saint Martin in the Fields, or the major part of them, to remove and carry away the remains of any such person or persons as shall have been interred or deposited in such grave or graves, vault or vaults, and place the same either in such new burial ground as by the said in part recited act of the seventh year of the reign of his present majesty the said commissioners are empow- ered and required to provide, or in the vault or vaults hereinbefore authorized to be made by them, or in any other churchyard, vault, or consecrated ground, in such manner as the Lord Bishop of London for the time being, or such person or per- sons as he may appoint, shall direct ; and that the expenses of such removing, J 1422 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 10 Geo. carrying away, and placing (not exceeding in any one case the sum of ten pounds) 4, c. 61. 8^11 kg pai,j ^ commissioners acting in execution of the said recited act of the seventh year of the reign of his present majesty as aforesaid, out of the monies to be applied for the purposes of the said act." Stat. 10 Geo. 4, cap. LXVIII. CCXLVI. Stat. 10 Georgii 4, cap. lxviii. A.D. 1829. "An Act to repeal several Acts relating to the Parish of Saint Paul, Covent Gar- den, in the County of Middlesex; and for making better Provision for the Regu- lation of the Affairs of the said Parish." Stat. 10 Geo. 4, cap. xcvi. CCXLVII. Stat. 10 Georgii 4, cap. xcvi. A.D. 1829. 'An Act for taking down the Parish Church of Saint Dunstan-in-the- West, in the City of Lond.n, and building a new Church in lieu thereof" Stat. 10 Geo. 4, cap. cxxv. CCXLVIII. Stat. 10 Georgii 4, cap. cxxv. A.D. 1829. (An Act to authorize the Endowment of tlie Church and Vicarage of Newry, and for other Purposes relating thereto" Stat. 11 Geo. 4 & 1 Gul. 4, CAP. X. CCXLIX. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. x. A.D. 1830. "An Act for the better Regulation of the Affairs of the joint Parishes of Saint Giles-in-the- Fields and Saint George Bloomsbury, in the County of Middlesex, and of the separate Parishes of Saint Giles-in-the- Fields and Saint George Bloomsbury, in the same County." Stat. 11 Geo. 4 & 1 Gul. 4, c. 18. 4 Geo. 4, c. 76. CCL. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 18(1). A.D. 1830. "An Act to render valid Marriages solemnized in certain Churches and Chapels." " Whereas, by an act passed in the fourth year of the reign of his present majesty, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England,' it is provided, that if the church of any parish, or chapel of any chapelry, wherein marriages have been usually solemnized, be demolished in order to be rebuilt, or be under repair, and on such account be disused for public (1) The object of Stat. 11 Geo. 4 & 1 Gul. 4, c. 18, is to legalize marriages solemnized in chapels, of which the consecration was doubt- ful. For a similar purpose Stat. 6 Geo. 4, c. 92, was passed, namely, to legalize mar- riages celebrated in churches or chapels built and consecrated since Stat. 26 Geo. 2, c. 33, and Stat. 44 Geo. 3, c. 77, but in which banns had not usually been published before Stat. 26 Geo. 2, c. 33, and which did not fall under the qualifying previsions of Stat. 4 Geo. 4, c. 76. There are several ancient chapels, such as the inns of court, and the chapel of the Sa- voy, in which marriages cannot now legally be solemnized, banns not having been pub- lished in them before Stat. 26 Geo. 2, c. 33. In Taunton v. Wyborn, (2 Camp. 297,) Lord Ellenborough held, that the existence of a registry of marriages from 1578, and of the publication of banns from 1754, coupled with the deposition of the clergyman, that marriages had to his knowledge been fre- quently solemnized there, founded a sufficient presumption, that banns had been published there, before Stat. 26 Geo. 2, c. 33 {ante 847). Stat. 4 Geo. 4, c. 76, s. 2 {ante 1226), enacts, that marriage shall be solemnized in one of the parish churches or public chapels in which the banns shall have been published; and further defines "chapel" as that "in which banns of matrimony may now or may hereafter be lawfully published ;" and by its 22nd section, renders void all marriages knowingly celebrated by both parties in any other place. In Stallwood v. Tredger, (2 Phill. 289,) Sir John Nicholl stated, and his opinion was confirmed by the court of Delegates, that the provisions of Stat. 26 Geo. 2, c. 33, were not contravened, where a church being under re- pair, {vide Stat. 4 Geo. 4, c. 76, s. 13; Stat. 5 Geo. 4, c. 32, ss. 2 & 3 ; and Stat. 11 Geo. 4 & 1 Gul. 4, c. 18, s. 2,) and shut up, the banns had been published in the church of a parish adjoining to that, in which they were married ; but he said, "I am not disposed to go to the extent of giving an opinion, that under no circumstances would a marriage be void if contrary to this provision, and had elsewhere than in the church in which the banns were published; for instance, if the banns were bond fide and honestly pub- lished at York, and the parties were to come to London to be married, whether such a marriage would be void." Vide 2 Burn's E. L. by Phillimore, 645 (a). STATUTA GEORGII IV. A.D. 1820—1830. 1423 service, it shall be lawful for the banns to be proclaimed in a church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed, or in any place within the limits of the parish or chapelry which shall be licensed by the bishop of the diocese for the performance of divine service during the repair or rebuilding of the church as aforesaid ; and whereas by an act passed in the fifth year of the reign of his present majesty, intituled, * An Act to amend an Act passed in the last Session of Parliament, intituled, An Act for amending the Laws respecting the Solemnization of Marriages in England,' it was enacted, that all marriages which had been theretofore solemnized, or which should be thereafter solemnized, in any place within the limits of such parish or chapelry so licensed as aforesaid for the performance of divine service during the repair or rebuilding of the church of any parish, or chapel of any chapelry, wherein marriages had been usually solemnized, or if no such place should be so licensed, then in a church or chapel of any adjoining parish or chapelry in which banns were usually proclaimed, whether by banns lawfully published in such church or chapel, or by licence law- fully granted, should not have their validity questioned on account of their having been so solemnized, nor should the ministers who had so solemnized the same be liable to any ecclesiastical censure or to any other proceeding whatsoever; and whereas the ministers of certain parish churches and chapels of chapelries have, during the repair or rebuilding of such churches or chapels, published the banns of marriages in some places within the limits of their parishes or chapelries respec- tively wherein divine service has been usually performed during the time of such repair or rebuilding, but have solemnized the marriages themselves in the churches or chapels of the same or of some adjoining parishes or chapelries ; and whereas other clergymen, during the time of such repair or rebuilding, have published banns of marriage and solemnized marriages in places duly licensed for the per- formance of divine worship, according to the forms of the united church of England and Ireland, within their respective parishes or chapelries, but not licensed spe- cially for such performance during such time as aforesaid ; and whereas it is expe- dient that the marriages so solemnized should not on that account have their vali- dity questioned ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all marriages, the banns whereof have been published in any place used for the per- formance of divine service within the limits of any parish or chapelry, during the repairs or rebuilding of the church or chapel thereof, which marriages have been solemnized either in the said place so used or in the church or chapel of the same or of some adjoining parish or chapelry during such repair or rebuilding, shall not have their validity questioned on account of having been so solemnized. " II. And be it further enacted, that in every case in which the church of any parish or place, in which banns of marriage may be published and marriages solemnized, shall be pulled down, or be rebuilding or under repair, it shall be lawful for the bishop of the diocese to order and direct that banns of marriage may be 'published and marriages solemnized (1) in any consecrated chapel of such parish or place which he shall by order in writing direct, until the church shall again be opened for the performance of divine service ; and during all such period the said consecrated chapel shall, for all purposes relating to the publication of banns of marriage and to the solemnization of marriages, be deemed and taken to be the church of the parish, anything in any act or acts to the contrary notwithstanding ; and the fees in respect thereof shall be applied, during such period, as the bishop of the diocese shall, with the consent of the incumbent, order and direct. "III. And whereas doubts have arisen touching the validity of marriages solemnized in churches which have been made and constituted the churches of Stat. 11 Geo. 4 & 1 Gul. 4, c. 18. 5 Geo. 4, c. 32. The validity of marriages solemnized under the circumstances herein men- tioned not to be questioned. During the time that any church, &c. is under repair, the bishop may direct banns to be published in anyconsecrated chapel of the parish. For removing doubts as to (1) Bishop of the diocese to order and di- rect that banns of marriage may be published and marriages solemnized: — Vide Stat. 4 Geo. 4, c. 76, ss. 3, 4, & 5, and Stat. 6 & 7 Gul. 4, c. 85, ss. 28 & 29; respecting parties resident in different districts, vide Stat. 7 Gul. 4 &. 1 Vict. c. 22, ss. 33 & 34, repealing to a certain extent Stat. 6 & 7 Gul. 4, c. 85, ss. 30, 31, & 32. 1424 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 18. marriages solemnized in churches made and constituted under acts 58 Geo. 3, c. 45, and 59 Geo. 3, c. 134. 26Geo.2,c.33. The validity of marriages solemnized in certain chapels not to be questioned ; nor marriages solemnized in chapels, the consecration of which may be doubted. distinct parishes, or district parishes, under the provisions of an act passed in the fifty-eighth year of his late majesty, intituled, * An Act for building and promot- ing the building of additional Churches in populous Parishes ;' and also of an act passed in the fifty-ninth year of his late majesty, intituled, 4 An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes;' and whereas it is expedient that such doubts should be removed; therefore be it enacted, that all marriages which have already been solemnized, or may hereafter be solemnized, in any church which shall have been made and constituted the church of a distinct parish, or of a district parish, as aforesaid, after consecration thereof and assignment of a district thereto, shall be as good and valid in law as if such marriages had been solemnized in any parish church wherein banns had been usually published before or at the time of passing an act made in the twenty-sixth year of King George the Second, intituled, ' An Act for the better preventing of clandestine Marriages.' " IV. And whereas, by error, banns have been published, and divers marriages have been solemnized, in chapels duly consecrated, but in which chapels banns cannot be legally published, nor marriages by law be solemnized ; and it is expe- dient to remove ail doubts arising from the circumstances aforesaid touching the due publication of such banns and the validity of such marriages ; therefore be it enacted, that all banns already published, and all marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in a chapel not legally authorized for the publication of banns and the solemnization of marriages; provided always, that nothing herein contained shall extend or be construed to extend to authorize the publication of banns or the solemnization of marriages in such chapels hereafter. " V. And whereas divers marriages have taken place in chapels supposed to be consecrated, the consecration of which chapels, however, cannot be proved, and may be doubted ; and whereas it is expedient that all apprehensions touching the validity of such marriages, on this account, should entirely be removed ; be it therefore enacted, that the validity of such marriages shall not hereafter be ques- tioned on account of the uncertainty respecting the consecration of such chapels." Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Mode of exe- cuting letters of attorney and wills. CCLI. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 20 (1). A.D. 1830. "An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy." " XLVIII. And whereas it is expedient to establish regulations for the preven- tion of forgery and fraud, which have been heretofore much practised in relation to the pay of the royal navy ; be it further enacted, that no will made by any petty officer or seaman, non-commissioned officer of marines or marine, before his entry into his majesty's service, shall be valid to pass any wages, prize money, or other monies payable in respect of services in his majesty's navy, and that no letter of attorney made by any such person who shall be or shall have been in the said ser- vice, or by the widow, next of kin, executors, or administrators of any such person, shall be valid or sufficient to entitle any person to receive any wages, prize money, or other allowance of money of any kind for the service of any such person in his majesty's navy, unless such letter of attorney shall be therein expressed to be revo- cable ; and that no such letter of attorney shall be valid or sufficient to entitle any person to receive any such wages or other monies, nor shall any will made or to be made by any petty officer or seaman, non-commissioned officer of marines or marine, who shall be or shall have been in the naval service of his majesty, be valid or sufficient to pass any such wages, prize money, or other moneys, unless such letter of attorney or will respectively shall contain the name of the ship to which the (1) The provisions of this statute do not officers, &c. affect the provisions of Stat. 11 Geo. 4 & 1 c. 26, s. 12. Gul. 4, c. 20, respecting the wills of petty Vide Stat. 7 Gul. 4 & 1 Vict. STATUTA GEORGII IV. A.D. 1820—1830. 1425 person executing the same belonged at the time or to which he last belonged, nor Stat. 11 Geo. unless such letter of attorney, if made by an executor or administrator, shall con- * Gul. 4, tain the name of the ship to which his or her testator or intestate last belonged, and also in every case a full description of the degree of relationship or residence of the person or persons to whom or in whose favour, either as attorney or attorneys, executor or executors, the same shall be made, and also the day of the month and year and the name of the place when and where the same shall have been executed ; nor shall any such letter of attorney or will be valid for the purposes aforesaid unless the same respectively shall, in the several cases hereinafter specified, be executed and attested in the manner hereinafter mentioned ; (that is to say,) in case any such letter of attorney or will shall be made by any such petty officer or seaman, non-commissioned officer of marines or marine, while belonging to and on board of any ship of his majesty as part of her complement, or borne on the books thereof as a supernumerary or as an invalid, or for victuals only, the same shall be executed in the presence of and be attested by the captain, or (in his absence) by the commanding officer for the time being, and who in that case shall state at the foot of the attestation the absence of the captain at the time, and the occasion thereof ; and in case of the inability of the captain, by reason of wounds or sick- ness, to attest any such will or letter of attorney, then the same shall be executed in the presence of and be attested by the officer next in command, who shall state at the foot of such attestation the inability of the captain to attest the same, and the cause thereof ; and if made in any of his majesty's hospital ships, or in any naval or other hospital, or at any sick quarters either at home or abroad, the same shall be executed in the presence of and be attested by the governor, physician, surgeon, assistant surgeon, agent, or chaplain of any such hospital or sick quarters, or by the commanding officer, agent, physician, surgeon, assistant surgeon, or chaplain for the time being of any such hospital ship, or by the physician, surgeon, assistant surgeon, agent, chaplain, or chief officer of any military or merchant hos- pital or other sick quarters, or one of them ; and if made on board of any ship or vessel in the transport service, or in any other merchant ship or vessel, the same shall be executed in the presence of and be attested by some commission or warrant officer or chaplain in his majesty's navy, or some commission officer or chaplain belonging to his majesty's land forces or royal marines, or the governor, physician, surgeon, or agent of any hospital in his majesty's naval or military service, if any such shall be then on board, or by the master or first mate thereof ; and if made after he shall have been discharged from his majesty's service, or if such letter of attorney be made by the executor or administrator of any such petty officer or sea- man, non-commissioned officer of marines or marine, if the party making the same shall then reside in London or within the bills of mortality, the same shall be executed in the presence of and be attested by the inspector for the time being of seamen's wills and powers of attorney, or his assistant or clerk ; or if the party making the same shall then reside at or within the distance of seven miles from any port or place where the wages of seamen in his majesty's service are paid, the same shall be executed in the presence of and be attested by one of the clerks of the treasurer of the navy resident at such port or place ; or if the party making such letter of attorney or will shall then reside at any other place in Great Britain or Ireland, or in the islands of Guernsey, Jersey, Aldemey, Sark, or Man, the same shall be executed in the presence of and be attested by one of his majesty's justices of the peace, or by the minister or officiating minister or curate of the parish or place in which the same shall be executed ; or if the party making the same shall then reside in any other part of his majesty's dominions, or in any colony, plantation, settlement, fort, factory, or any other foreign possession of his majesty, or any settlement within the charter of the East India Company, the same shall be executed in the presence of and be attested by some commission or warrant officer or chaplain of his majesty's navy, or commission officer of royal marines, or the commissioner of the navy, or naval storekeeper at one of his majesty's naval yards, or a minister of the church of England or Scotland, or a magistrate or principal officer residing in any of such places respectively ; or if the 4 Y 142G STATUTA GEORGII IV. A.D. 1820—1830. Stat. 11 Geo. party making the same shall then reside at any place not within his majesty's c ^0 4' domm*ons or any °f tne places lasti mentioned, the same shall be executed in the presence of and be attested by the British consul or vice-consul, or some officer having a public appointment or commission, civil, naval, or military, under his majesty's government, or by a magistrate or notary public of or near the place where such letter of attorney or will shall be executed ; nor shall any will of any petty officer, seaman, non-commissioned officer of marines or marine, be deemed good or valid in law, to any intent or purpose, which shall be contained, printed, or written in the same instrument, paper, or parchment with a power of attorney : provided always nevertheless, that if it shall appear to the satisfaction of the trea- surer of his majesty's navy, in the case of any will or letter of attorney executed on board any of his majesty's ships, that in the attestation thereof the captain's signature hath by accident or inadvertence been omitted, and that in all other respects the execution has been conformable to the provisions and to the intent and meaning of this act, it shall be lawful for the inspector of seamen's wills and powers to pass the same as valid and sufficient. Exception as « XLIX. Provided always, and be it further enacted, that every letter of attor- to wills made n Qr wyj which hath been or which hereafter shall be made by any petty officer by prisoners of J . , ./ / war or seaman, non-commissioned officer of marines or marine, while any such person hath been or shall be a prisoner of war, shall be valid to all intents and purposes, provided it shall have been executed in the presence of and be attested by some commission, officer of the army, navy, or royal marines, or by some warrant officer of his majesty's navy, or by a physician, surgeon, or assistant surgeon in the army or navy, agent to some naval hospital, or chaplain of the army or navy, or by any notary public ; but so as not to invalidate or disturb any payment which hath been already made under any letter of administration, certificates, or otherwise, in con- sequence of the rejection of any such wills by the inspector of seamen's wills for want of the due attestation thereof according to the directions of any former ac of parliament. Wills, &c. to " L. And be it further enacted, that all officers commanding ships shall, upon muste^book*16 mon^^ muster books or returns, distinguish which of the persons therein named have made any letter of attorney or will during that month, or other space of time from the preceding return, by inserting the date of such letter of attorney or will opposite the party's name, under the heads of * Letter of Attorney' or * Will,' or both, as the case may require ; and shall likewise transmit to the trea- surer of the navy, at the time such returns are transmitted to the navy office, a list to the same effect of all such persons. Letters of " LI. And be it further enacted, that before any letter of attorney or will shall wHlste^T* be attemPted t0 be acted upon or put in force, the same shall be sent to the examined by treasurer of the navy, at the Navy Pay Office, London, in order that it may be the inspector, examined by the inspector of seamen's wills and letters of attorney, who, or his assistant, shall on receipt thereof, duly register the same in a numerical and alphabetical manner in separate books to be kept for that purpose, specifying the date, the place where executed, the name and description of the party making the same, the names and additions of the persons described therein either as attor- neys or executors, and also of the witnesses attesting the same, and shall mark the same with the corresponding numbers in the ship's books ; and the said inspector shall take due means to ascertain the authenticity of every such letter of attorney and will, and in case he shall have reason to suspect its authenticity he shall give notice in writing to the attorney or executor, as the case may be, that the same is stopped, and the reason thereof, and shall also report the same to the treasurer of the navy, and shall enter his caveat against such letter of attorney or will, which shall prevent any money from being received thereon until the same shall be authenticated to the satisfaction of the said treasurer; but if there shall be no reason, upon such examination, to doubt its authenticity, the said inspector or his assistant shall sign his name thereto, and also put a stamp thereon in token of his approbation thereof, and, as to such letters of attorney, forthwith send to the per- son therein named as attorney a check specifying the number of such letter of A STATUTA GEORGII IV. A.D. 1820—1830. 1427 attorney, the name and description of the person granting the same, the name and Stat. 1 1 Geo. addition of the person in whose favour the same is granted, the date and place 4 & 1 Gul. 4, when and where executed, and the names of the witnesses attesting the same, c* 20* which check shall be a sufficient authority for the attorney to demand and receive payment of and to give acquittances for all such wages, pay, or other allowances of money to which the person granting the same was entitled for his service on board any of his majesty's ships. " LV. And be it enacted, that when any petty officer or seaman, non-commis- Mode by which sioned officer of marines, or marine, who shall have belonged to any ship of his ^xec^tt01 s ai e majesty, shall have died, leaving a will, no wages, prize money, or other allowance proba(^m of money shall be paid over to or recovered by his executor or executors except upon the probate of the will, to be obtained in the following manner ; videlicet, after such will shall have been so transmitted, registered, and approved as herein- before directed, the inspector shall cause to be issued to the person named therein as executor a cheque in lieu thereof, containing directions to return the same, with his or her signature thereto, upon the testator's death, to the treasurer of his majesty's navy, which cheque shall be in the form heretofore used in such cases, or in such other form as the treasurer of the navy shall deem most expedient and conducive to the purposes of this act, and shall have the requisite certificates in blank subscribed thereto, to be filled up as hereinafter mentioned ; and in the event of the testator's death, the minister or curate of the parish in which the party named as executor shall then reside shall, upon the application of the executor examine him, and such two inhabitant householders of the parish as may be dis- posed to certify their personal knowledge of the holder of the cheque, touching his claim, and that they are satisfied of his being the person therein described as exe- cutor ; and the said executor shall subscribe his name to the application, and the two householders their names to the certificate for that purpose subjoined to the cheque, (the blanks therein being first filled up agreeable to truth,) in the presence of the minister or curate, for which respective purposes the said executor and householders shall attend at such time and place as shall be appointed by the minister or curate, who being, upon examination of the several parties, satisfied with their answers, and that the person holding the cheque is the executor therein named, and that the two persons certifying as before required are inhabit- ant householders of the parish, and having seen the said parties sign the applica- tion and certificate respectively, (which he is hereby required to do,) shall add thereto a description of the height, complexion, colour of eyes and hair, age, and any particular marks about the person of the party claiming as executor, and, after the several blanks shall have been filled up agreeable to truth, shall certify to the several particulars by subscribing his signature thereto; and the said executor shall, before signing the application, pay to the said minister or curate a fee of two shillings and sixpence for his trouble on the occasion ; and the said application and certificates being in all things completed according to the directions therein and hereby given, the same shall be transmitted by the said minister or curate by the general post, addressed to the Treasurer of the Navy, London ; and the said original will having been passed in the manner directed by this act, the inspector shall note thereon the amount of the wages due to the deceased, as calculated on the search to be obtained from the navy office, and shall then forward such will to a proctor, in order to his obtaining probate thereof ; and in case the executor shall not reside within the bills of mortality, the inspector shall also forward to such proctor a letter addressed to the minister, in the usual or other requisite form, for the purpose of its being transmitted to him with the commission for administering the necessary oath to the party as executor ; and such proctor, having received the will and the said letter of the inspector, (in case such letter shall be necessary,) shall immediately sue out the previous commission or requisition, or take such other steps as may be necessary towards enabling the executor to obtain probate, and shall inclose in the said letter a copy of the will and the commission or requi- sition, with instructions for executing the same, and forward the same to the minister by the general post, agreeably to the address put thereon by the inspector. 4 Y 2 1428 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Mode of ob- taining admi- nistration to intestate's effects. Minister or curate rejecting petition to state his reasons. " LVI. And be it further enacted, that when any petty officer or seaman, non- commissioned officer of marines, or marine, shall die intestate, leaving any wages, prize money, or other allowances of money of any kind due to him in respect of services in his majesty's navy, the same shall not be paid to his representatives, except upon letters of administration to be obtained in the following manner; videlicet, the person claiming administration shall send a letter to the inspector, stating his place of abode, the parish in which the same is situate, his degree of relationship to the deceased, the name of the deceased, and of the ship or ships to which he belonged, that he has been informed of the intestate's death, and requesting the inspector to give such directions as may enable him to pro- cure letters of administration to the deceased's effects, or to the like effect, upon receipt whereof the inspector shall send by post, under cover of the minister of the parish wherein the claimant shall reside, a petition in the form heretofore in such cases used, or in such other form as the treasurer of the navy shall deem most expedient and conducive to the purposes of this act, together with the requisite certificates in blank, to be filled up as hereafter mentioned, and a letter pointing out the steps to be taken thereon as hereinafter in that behalf contained, and shall also send to the claimant a letter advising him of the forwarding of the said petition or paper as aforesaid, and pointing out the measures to be taken by him for substantiating his claim ; and upon receipt of the said petition the minister, officiating minister, or curate shall, on the application of the claimant, examine him, and also such two inhabitant householders of the parish as may be disposed to certify their personal knowledge of him, and their belief of his right to admi- nister to the effects of the intestate, according to the degree of relationship set forth at the head of the petition ; and the minister or curate being, upon due exa- mination of the claimant and the said two householders, satisfied of the truth of their answers, and having seen the claimant sign the application, and the two householders sign the certificate, ( which the minister is required to do,.) shall add thereto a description of the height, complexion, colour of eyes and hair, age, and any particular marks about the person of the claimant, and after the blanks in the said petition, certificates, and description for those several purposes shall have been filled up agreeable to truth, shall certify to the several particulars by subscribing his signature thereto, for which respective purposes the said claimant and the householders shall attend at such time and place as the minister or curate shall appoint ; and the claimant shall, before signing the petition, pay to the minister or curate a fee of two shillings and sixpence for his trouble on the occasion ; and the said paper being in all things completed according to the directions therein and hereby given, the minister shall return the same by the general post, addressed to the treasurer of the navy, London ; and upon the receipt thereof at the navy pay office, the inspector shall examine the same, and, being satisfied of the claim, he shall transmit to a proctor a certificate thereof ; (in the form heretofore used, or in such other form as the treasurer of the navy shall deem expedient;) and in case the claimant shall not reside within the bills of mortality, the inspector shall at the same time inclose and send to the said proctor a letter addressed to the minister and churchwardens or elders (as the case may be) of the parish within which the claimant then shall reside, signifying the transmission of a commission (which the proctor is to obtain) for swearing the claimant as administrator, with the necessary instructions for executing the same ; and the proctor shall, upon receipt thereof, take the requisite steps towards enabling the claimant to obtain letters of administration, and shall, in the inspector's letter to the minister, inclose the commission or other necessary instrument, with instructions for executing the same, and shall forward such letter and inclosures by the general post, agreeably to the address put thereon by the said inspector. "LVI1. Provided always, and be it further enacted, that in case the minister or curate shall reject any petition for want of satisfactory proof of the claim, he shall state his reasons for such rejection on the said petition, and forthwith return the same to the treasurer of the navy as aforesaid ; and in case no application shall be made to the minister or curate by the claimant, or no effectual steps shall be STATUTA GEORGII IV. A.D. 1820—1830. 1429 taken by him to complete the petition and the certificates within the space of two calendar months from the date of the inspector's letter accompanying such petition, the minister or curate shall, at the expiration of that time, return the peti- tion to the treasurer of the navy as aforesaid, with his reason for doing so noted thereon. " LVIII. And be it enacted, that every minister to whom any such letter, with a commission or requisition for swearing any executor or administrator, shall be transmitted, shall, immediately upon the receipt thereof, take the necessary steps for procuring the execution of the same, and shall transmit the same, when exe- cuted, directed to the treasurer of his majesty's navy, London ; and if the executor or administrator shall reside at a distance from the place where the wages or other allowances of money are payable, he shall specify the name and residence of the nearest or most convenient collector of customs or of excise ; and upon receipt of the said commission at the navy pay office, the same shall be forwarded to the proctor, who, in pursuance thereof, shall forthwith procure the requisite probate or letters of administration, and when obtained transmit the same to the inspector at the navy pay office. " LIX. And be it further enacted, that when any probate or letters of adminis- tration shall have been so obtained, the proctor employed therein shall immediately send the same to the treasurer of the navy, with a copy of the will, (in the case of probate,) and an account of his charges for the same ; and upon receipt thereof the inspector shall issue a check containing the heads of such probate or letters of administration, and shall note thereon the amount of the proctor's charges and the address of the claimant, which check shall be in the form heretofore used in the navy pay office, or in such other form as the treasurer of the navy shall deem most expedient for the purpose ; and so soon as the wages and prize money due to the deceased shall have been calculated in the proper departments, the amount shall be noted on the check, and, after abating the proctor's charges, the balance shall be paid to the party personally, or by means of a remittance bill, in the manner and under similar regulations as are hereinbefore provided with respect to other remittances of wages, and the check shall then be delivered to the party to stand instead of probate or letters of administration, to enable him to receive whatever other sums may become payable to the deceased's estate. " LX. And be it further enacted, that if any proctor, registrar, or other officer of any ecclesiastical court, shall deliver or cause to be delivered any letters of administration, probate of will, or letters of administration with will annexed, to any other person than the treasurer of the navy or the said inspector, in the manner directed by this act, such proctor or other officer so offending shall for every such offence forfeit the sum of one hundred pounds ; and if any agent or agents for prizes shall pay any prize money due to a petty officer or seaman, non-commis- sioned officer of marines, or marine, under any authority whatever, other than the inspector's check directed by this act, such payment shall be null and void, and the agent or agents so paying the same shall forfeit for every and each such offence a sum equal to the amount of the prize money paid. " LXI. And be it further enacted, that no registrar, proctor, or other officer of any ecclesiastical court shall, under any pretence, take or-receive any more for the stamp, seal, parchment, writing, fees, and trouble attending the suing forth the probate of any will or any letters of administration to the effects of any warrant or petty officer or seaman, non-commissioned officer of marines or marine, whereby any person may be enabled to obtain any wages, prize money, or other allowance of money of any kind in respect of services in the navy, than the several sums specified in the schedule hereunto annexed: provided nevertheless, that if any increase or diminution shall take place in the stamp duties payable on any instru- ment connected therewith, then the charges shall be increased or diminished to the extent of the change in such duties, but no further : provided always, that in cases of extraordinary trouble or expense, the proctor shall be allowed to make additional charges in proportion thereto, and if the same shall appear reasonable to the inspector he may allow the same, but otherwise the same shall be submitted to Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Minister to procure execution of commission. Check to be issued by inspector. No proctor to deliver out probate or letters of ad- ministration to any other than the treasurer. Limiting the expense of probate. 1430 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Penalty on proctors, &c. offending against this act. Manner of proceeding in case of execu- tors, &c. dying before the re- ceipt of wages. For preventing fraudulent claims by pre- tended credi- tors of seamen and marines. the treasurer of the navy, and if he shall disapprove thereof, the same shall be taxed by the proper officer of the court, without fee or reward, unless the charges shall have arisen in consequence of any litigation or suit, in which case a fee of three shillings shall be allowed to the officer for taxation. " LXII. And be it further enacted, that if any officer, proctor, or other person shall take more than the several sums allowed in the said schedule, every person so offending shall forfeit the sum of fifty pounds, with full costs of suit ; or if any registrar, proctor, or other officer of any ecclesiastical court shall knowingly or willingly be aiding or assisting in procuring probate of any will or letters of admi- nistration, whereby any person may be enabled to claim any wages, pay, prize money, or allowance of money of any kind for the services of any such petty officer or seaman, non-commissioned officer of marines or marine, otherwise than in the manner prescribed by this act, every such registrar, proctor, or other officer shall for every such offence forfeit and pay the sum of five hundred pounds, and shall moreover forfeit his office and be rendered incapable of acting in any capacity in any court of admiralty or ecclesiastical jurisdiction. " LXIII. And be it further enacted, that when the executor or administrator of a deceased petty officer or seaman, non-commissianed officer of marines or marine, shall die before he shall have received the wages, prize money, or other allowances payable to his testator or intestate, it shall be lawful for the inspector to investigate the right of any person claiming payment of the same, or to represent according to law the person of such deceased petty officer or seaman, non-commis- sioned officer of marines, or marine, and, being satisfied of such right, to certify the name and place of abode of such person upon the check or certificate, and that in his judgment the claimant is the rightful representative of such deceased petty officer or seaman, non-commissioned officer of marines, or marine, and entitled to receive whatever may remain due in respect of his services as aforesaid ; and there- upon, if the wages, prize money, and other allowances remaining unpaid shall appear to the inspector not to amount nor likely to amount to more than the sum of twenty pounds, then it shall be lawful for the said treasurer, and also for any agent or agents for prizes respectively, to pay to such person all wages, pay, prize money, bounty money, and other allowances of money so due or to become pay- able, without requiring him to take out fresh letters of administration ; but if the same shall amount or appear to the said inspector to be likely to amount to more than that sum, then the same shall only be paid upon fresh letters of administra- tion, to be obtained in the manner hereinbefore directed. " LXIV. And for preventing frauds, which have been frequently practised by persons falsely pretending to be creditors of deceased seamen and marines, be it further enacted, that no letters of administration shall be granted to any person claiming as a creditor of any deceased petty officer or seaman, non-commissioned offic3r of marines, or marine, but that every such creditor shall be entitled to receive the amount of his claim (if just) out of the assets of the deceased, or so far as the same will extend for that purpose, when the just amount of the debt or claim shall have been ascertained and approved as hereinafter provided ; (that is to say,) that every person claiming as a creditor shall deliver to the said inspector an account in writing, subscribed with his name, stating the particulars of the demand and the place of his abode, and verified by his oath, or, being a quaker, by his affirmation in writing taken before any justice of the peace, which oath or affirma- tion any such justice is hereby empowered to administer ; and if any application for a certificate to obtain probate of the will or letters of administration to the effects of the deceased shall be made, the inspector shall give notice to the applicant of the name and place of abode of the creditor, and the amount of the debt, and shall also cause notice to be given to the creditor of the place of abode of such applicant ; but if no such application shall have been made at the time of the delivery of the claim, the inspector or other person authorized by the said treasurer shall proceed to investigate the account of such creditor, for which purpose he is hereby empow- ered and directed to require from such creditor a production before him of all books, accounts, vouchers, and papers relating to his demand, and satisfactory evi- \ STATUTA GEORGII IV. A.D. 1820—1830. 1431 dence thereof ; and if such creditor shall, by due proof, satisfy the said inspector or other authorized person of the justice of the demand in part or in the whole, then the same shall he allowed as shall appear just ; but if all books, accounts, vouchers, and papers shall not be produced, or a sufficient reason assigned for not producing the same, or if the said inspector or other authorized person shall not be satisfied of the justice of the demand, then he shall disallow the same : provided always, that in case such creditor shall be dissatisfied, he shall be at liberty to appeal against such decision to the said treasurer, who shall thereupon inquire into the same by the examination of the parties and their witnesses upon oath or affirma- tion taken or made before the said treasurer or any justice of the peace, (which oath or affirmation the said treasurer and any justice as aforesaid are hereby seve- rally authorized to administer,) and to allow or disallow the claim, in part or in the whole, as to the said treasurer shall seem fit, and the decision of the said trea- surer shall be final and conclusive in the premises : provided always, that no claim of any creditor shall be admitted or allowed unless the same be made within two years next after the death of the party upon whose assets the claim is made, nor unless the same shall appear to have accrued within three years next before the death of such party. "XXV. And be it further enacted, that if within the space of twelve calendar months from the delivery of the claim no application shall have been made by any person in the character either of executor or administrator, the creditor shall be entitled to receive so much as shall have been allowed to be due to him as aforesaid out of the monies payable in respect of the services of the deceased, so far as they will extend to satisfy the same, and thereupon the inspector shall grant to the creditor a certificate of the allowance of such claim in the form heretofore used, or in such other form as shall by the said treasurer be deemed expedient, and so much of such wages as shall be sufficient to satisfy the claim so allowed shall be paid or remitted to the creditor in the manner herein provided for the remittance of wages to executors or administrators : provided always, that if any prize money or bounty money shall be due to the deceased, the same shall be payable to such creditor only in the manner hereinafter directed; (that is to say,) if the wages and other allowances of money shall not be sufficient to discharge the claim, the proper officer in the navy pay office shall state at the foot of the certificate the amount paid to the creditor, and it shall not be lawful for the creditor to demand or receive from any person any prize money or bounty money due to the deceased except as hereinafter next mentioned; (that is to say,) such prize and bounty money, if the same shall be in the hands of an agent, shall be paid over as in cases of unclaimed prize money, and the creditor, on the production of such certificate to the officer appointed to pay the prize money, shall be entitled to receive from him so much of the deceased's prize money or other allowances as shall be suffi- cient to discharge his demand, and upon the same being satisfied the inspector shall retain the certificate as a voucher or document of office : provided also, that if there shall be more creditors than one they shall be satisfied according to the priority of the allowance of their respective claims, but so as not to deprive any creditor of any priority he may by law be entitled to by reason of any specialty, provided notice in writing of the particulars of such specialty shall have been given to the treasurer of the navy in due time. " LXXXV. And be it further enacted, that if any person shall fraudulently and deceitfully take a false oath, in order to obtain probate of any will or letters of administration of the effects of any deceased commission, warrant, or petty officer, or seaman, or commission or non-commissioned officer of marines, or marine ; or if any person shall fraudulently receive or demand any wages, pay, prize money, bounty money, pension, or any part thereof, or any allowance of money whatever, payable or supposed to be payable in respect of the services of any such officer, seaman, or marine, or from the compassionate fund of the navy, or any pension to the widow of an officer, upon or by virtue of any probate of a will or letters of administration, knowing such will to be forged, or such probate or letters of administration to have been obtained by means of a false oath, with Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Creditors to be paid if there are no execu- tors or admi- nistrators. Punishment for taking a false oath in order to obtain probate, &c. 1432 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. Punishment for subscribing false petition. Punishment for forging certificates, &c. or uttering false vouchers. intent in any of the said cases to defraud any person whomsoever, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years. " LXXXVI. And be it further enacted, that if any person shall subscribe any false petition or application to the treasurer of his majesty's navy or to the pay- master of royal marines, falsely and deceitfully representing herself or himself therein to be the widow, executor, nearest or one of the nearest of kindred of any deceased commission or warrant officer of the navy, or commission officer of marines, or of any petty officer or seaman, non-commissioned officer of marines, or marine, or shall utter or publish any such petition or application, knowing the same to be false, in order to procure, or to enable any other person to procure, a certificate from the said inspector of seamen's wills or from the paymaster of royal marines as here- inbefore respectively provided, thereby to obtain, or to enable any other person to obtain, without probate or letters of administration, payment of any wages, pay, half pay, or pension, or any allowance from the compassionate fund of the navy, or payment of any wages, prize money, or allowances payable in respect of the ser- vices of any officer, seaman, or marine in the royal navy, or thereby to obtain, or to enable any other person to obtain, probate of the will or letters of administra- tion of the effects of any deceased petty officer, seaman, non-commissioned officer of marines or marine ; or if any person shall receive or demand any wages, pay, half pay, prize money, bounty money, pension, or arrears thereof, or any other allowance due or payable in respect of the services of any commission or warrant officer of the navy, or commission officer of royal marines, or of any petty officer, seaman, non-commissioned officer of marines or marine, upon or by virtue of any certificate of the inspector of seamen's wills or paymaster of royal marines respec- tively as aforesaid, knowing any such certificate to have been obtained by any false representation or pretence; every such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years and not less than seven years, or to be imprisoned for any term not exceeding three years nor less than one year. * LXXXVII. And be it further enacted, that if any person shall forge, or shall utter, offer, or exhibit, knowing the same to be forged, any paper writing pur- porting to be an extract from any register of marriage, baptism, or burial, or any certificate of marriage, baptism, or burial, in order to sustain any claim to any wages, prize money, or other monies due or payable in respect of the services of any officer, seaman, or marine in his majesty's navy, or to sustain any claim to any half-pay payable to an officer of the royal navy or marines, or to any pension as the widow of an officer, or to any payment or allowance from the compassionate fund of the navy, or to any gratuity or bounty of his majesty given to the rela- tives of persons slain in fight with the enemy ; or if any person shall make any false affidavit, or utter or exhibit any false affidavit, certificate, or other voucher or document, in order fraudulently to procure any person to be admitted a pensioner as the widow of an officer of the royal navy, or in order to sustain any claim to any wages, prize money, or other monies, or to any half-pay or pension, or arrears thereof, or any allowance from the compassionate fund of the navy, or to any gratuity or bounty as aforesaid, with intent to defraud any person whomsoever ; every person in any of the said cases offending shall be deemed guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years and not less than seven years, or to be imprisoned for any term not exceeding three years nor less than one year. ' STATUTA GEORGII IV. A.D. 1820-1830. 1433 Schedule. Stat. 11 Geo. 4 & 1 Gul. 4, Table of Fees to he taken for Probates of Wills, Letters of Administration, and Letters c. 20. of Administration with Will annexed, of Warrant and Petty Officers, and Non-com- missioned Officers of Marines, and also of Common Seamen and Marines, in pursuance of this Act. Probates. Under what Sum the Effects sworn. Where the Deceased was a Warrant or Petty Officer in the Navy, or a Non-commissioned Officer of Marines. Where the Deceased was a Common Seaman or Marine. If the Executor be a Wife, Child, Farent, Brother, or Sister of the Deceased. IS the Executor be more re- motely related, or a Stranger in Blood to him. If the Executor be a Wife, Child, Parent, Brother, or Sister of the Deceased. If the Executor be more re- motely related, or a Stranger in Blood to him. If the executor sworn I in London . . . j £ 20 40 60 100 £ s. d. 0 7 0 1 0 6 i 4 0 1 8 6 £ 8. d. 0 16 6 1 10 6 1 13 0 1 15 6 £ s. d. 0 7 0 0 11 0 0 14 6 0 19 0 £ s. d. 0 16 6 1 1 0 1 3 6 1 6 0 If the executor sworn in the country, by' commission 20 40 60 100 0 19 0 1 17 0 2 1 6 2 8 0 1 12 0 2 12 6 2 15 0 2 17 6 0 19 0 1 7 6 1 12 0 1 18 6 1 12 0 2 3 0 2 5 6 2 8 0 Administrations, and Administrations with Will annexed. Under what Sum the Effects sworn. Where the Deceased was a Warrant or Petty Officer in the Navy, or a Non-commissioned Officer of Marines. If the Administrator be a Wife, Child, Parent, Brother, or Sister of the Deceased. If the Administrator be more remotely related, or a Stranger in Blood to him. Administra- tions Intestate. Administra- tions, Will annexed. Administra- tions Intestate. Administra- tions, Will annexed. If the administrator] sworn in London J £ 20 40 60 100 £ s. d. 0 12 6 2 5 6 2 9 0 2 13 6 £ s. d. 0 15 0 2 9 0 2 14 0 2 18 6 £ s. d. 1 3 0 2 16 0 3 6 6 3 9 0 £ s. d. 1 8 0 3 2 0 3 14 0 3 16 6 If the administrator sworn by commis-J sion in the country! 20 40 60 100 0 12 6 0 16 0 0 19 6 1 4 0 0 15 0 0 19 6 1 4 6 1 9 0 13 0 2 6 6 2 17 0 2 19 6 1 8 0 2 12 6 3 4 6 3 7 0 1434 STATUTA GEORGII IV. A.D. 1820—1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 20. ADMINISTRATIONS, AND ADMINISTRATIONS WITH "WlLL ANNEXED. Under what Sum the Effects sworn. Where the Deceased was a Common Seaman or Marine. If the Administrator be a Wife, Child, Parent, Brother, or Sister of the Deceased. IS the Administrator be more remotely related, or a Stranger in Blood to him. Administra- tions Intestate. Administra- tions, Will annexed. Administra- tions Intestate. Administra- tions, Will annexed. If the administrator! sworn in London J £ 20 40 fin 100 £ s. d. 0 19 6 2 17 0 3 1 6 3 8 0 £ s. d. 1 2 0 3 0 6 3 6 6 3 13 0 £ s. d. 1 13 6 3 13 0 4 2 6 4 5 0 £ s. d. 1 18 6 3 19 0 4 10 0 4 12 6 If the administrator sworn by commis-\ sion in the country 20 40 60 100 0 19 6 1 7 6 1 12 0 1 18 6 1 2 0 1 11 0 1 17 0 2 3 6 1 13 6 3 3 6 3 13 0 3 15 6 1 18 6 3 9 6 4 0 6 4 3 0 Stat. 11 Geo. CCLII. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. xxii. A.D. 1830. 4 & 1 Gul. 4, (t^n ^ yQr enamng tne Bishop of London to grant Building Leases of certain cap. xxii. Estates belonging to the said See." Stat. 11 Geo. CCLIII. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. xxiv. A.D. 1830. 4 & 1 Gul. 4, ujin ^Cf f0 enable the Trustees under the Marriage Settlement of Bouchier Mar- Qfii) xxiv. • • _ _ ' shall, Clerk, deceased, and Elizabeth his Wife, also deceased, to effect a Sale of the Advowson of the Church of Bow, otherwise Nymet Tracey, in the County of Devon" Stat. 11 Geo. CCLIV. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. xxv. A.D. 1830. 4 & 1 Gul. 4, "An Act to enable the Wardens and Governors of the Possessions, Revenues, and cap. xxv. Goods of the Free Grammar School of Sir Roger Cholmeley, Knijht, in High- gate, to pull down their present Chapel, and to contribute towards the Erection of a new Chapel or Church in Highgate, and for other Purposes." Stat. 11 Geo. CCLV. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 40. A.D. 1830. c ^O1 4' ^ f°r 1M^n9 better Provision for the Disposal of the Undisposed- of Residues of the Effects of Testators." " Whereas testators by their wills frequently appoint executors, without making any express disposition of the residue of their personal estate : and whereas executors so appointed become by law entitled to the whole residue of such personal estate ; and courts of equity have so far followed the law as to hold such executors to be entitled to retain such residue for their own use, unless it appears to have been their testator's intention to exclude them from the beneficial tember ^1830* mterest tnerem> in which case they are held to be trustees for the person or persons executors ' (if any) who would be entitled to such estate under the Statute of Distributions, if deemed to be the testator has died intestate : and whereas it is desirable that the law should be STATUTA GEORGII IV. A.D. 1820—1830. 1435 extended in that respect: be it therefore enacted by the king's most excellent Stat. 11 Geo. majesty, by and with the advice and consent of the lords spiritual and temporal, 4 & 1 Gul. 4, and commons, in this present parliament assembled, and by the authority of the £ruste'eg fQr same, that when any person shall die, after the first day of September next after persons entj_ the passing of this act, having by his or her will, or any codicil or codicils thereto, tied to any appointed any person or persons to be his or her executor or executors, such execu- residue under tor or executors shall be deemed by courts of equity to be a trustee or trustees for pfg^fJutionf the person or persons (if any) who would be entitled to the estate under the Statute nn\ess other-' of Distributions, in respect of any residue not expressly disposed of, unless it shall wise directed appear by the will, or any codicil thereto, the person or persons so appointed by will, executor or executors was or were intended to take such residue beneficially. " II. Provided also, and be it further enacted, that nothing herein contained ^ot to am?ct shall affect or prejudice any right to which any executor, if this act had not been c^re where passed, would have been entitled, in cases where there is not any person who there is not would be entitled to the testator's estate under the Statute of Distributions, in any person respect of any residue not expressly disposed of. entitled to the " III. Provided always, and be it further enacted, that nothing herein con- Not^to extend tained shall extend to that part of the United Kingdom called Scotland." to Scotland. CCLVI. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. xl. A.D. 1830. Stat. 11 Geo. "An Act for endowing a Church in the Township of Everton, in the Parish of Walton-on-the-Hill, in the County Palatine of Lancaster." CAP. XL. CCLV1I. Stat. 11 Georgii 4 & H i 4, cap. xliv. A.D. 1830. Stat. 11 Geo. "An Act to authorize the granting of Leases of Lands, parcel of the Prebend of \J^JL' 4> Stoke Newton, or Newnton, otherwise Newington, in the County of Middlesex, founded in the Cathedral Church of Saint Paul, in London, to the Governor and Company of the New River brought from Chadwell and Amwell to London, and for empowering the Prebendary of the said Prebend and the Rector of the Rec- tory or Parsonage of Stoke Newington respectively, to grant Building Leases, and for other Purposes." CCLVIII. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 47 (1). A.D. 1830. Stat. 11 Geo. "An Act for consolidating and amending the Laws for facilitating the Payment * 4^ GuL' 4' of Debts out of Real Estate" CCLIX. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 56. [Ireland.] A.D. 1830. Stat. 11 Geo. "An Act to amend an Act of the fifty-third year of King George the Third, for the * 5^ '-j4' Appointment of Commissioners for the Regulation of the several Endowed Schools of Public and Private Foundation in Ireland." CCLX. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 59. A.D. 1830. Stat. 11 Geo. "An Act for endowing the Parish Church of Newborough, in the County of North- 4 & 1 GuL' 4' ampton, and three Chapels, called Portland Chapel, Oxford Chapel, and Welbcck °' ' Chapel, situate in the Parish of St. Mary-le-bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber" CCLXI. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 60. A.D. 1830. Stat. 11 Geo. "An Act for amending the Laws respecting Conveyances and Transfers of Estates 4 ^q1 Gul' 4' and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain Cases." " XXI. And be it further enacted, that the provisions hereinbefore contained Act to extend shall extend and be construed to extend to all cases of petitions in which the lord to petitions in (1) The title of Stat. 11 Geo. 4 & 1 Gul. 4, its provisions have, however, been omitted, c. 47, has been given, because it has been as they do not directly apply to the objects referred to in some of the preceding pages ; of this publication. 1436 STATUTA GE0RGI1 IV. A.D. 1820—1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 60. cases of charity and friendly societies. In certain cases the lord chancellor or court of Chan- cery may appoint new trustees, upon petition. Court of Chan- cery empower- ed to appoint new trustees of charities. Powers given to courts in England may be exercised by the same courts in Ireland. chancellor, intrusted as aforesaid, or the court of Chancery, or any of the judges thereof, is by law authorized and empowered to grant relief and make summary orders without suit, either in matters of charity, or relative to or for the better security, or for the application, receipt, payment, or transfer of any of the funds thereof, or in matters relative to any benefit or friendly societies, for the better security, or for the application, receipt, payment, or transfer of any of the funds thereof. " XXII. And whereas cases may occur, upon applications by petition under this act for a conveyance or transfer, where the recent creation or declaration of the trust or other circumstances may render it safe and expedient for the lord chancellor, intrusted as aforesaid, or the court of Chancery, (as the case may require,) to direct, by an order upon such petition, a conveyance or transfer to be made to a new trustee or trustees, without compelling the parties seeking such appointment to file a bill for that purpose, although there is no power in any deed or instrument creating or declaring the trusts of such land or stock to appoint new trustees ; be it therefore further enacted, that in any such case it shall be lawful for the lord chancellor, intrusted as aforesaid, or the said court of Chancery, to appoint any person to be a new trustee, by an order to be made on a petition to be presented for a conveyance or transfer under this act, after hearing all such parties as the said court shall think necessary ; and thereupon a conveyance or transfer shall and may be made and executed, according to the provisions hereinbefore con- tained, to or so as to vest such land or stock in such new trustee, either alone or jointly with any surviving or continuing trustee, as effectually and in the same manner as if such new trustee had been appointed under a power in any instru- ment creating oi declaring the trusts of such land or stock, or in a suit regularly instituted. " XXIII. And be it further enacted, that where all the persons in whom any land may have been vested, in trust for any charity or charitable or public purpose, shall be dead, it shall be lawful for the court of Chancery, on the petition of the persons or body administering such charity or superintending such public purpose, or of any person on behalf thereof, to direct any master or other officer of the said court to cause two successive advertisements to be inserted in the London Gazette and in one or more of the newspapers circulated in the county, city, or place where such land shall be situated, giving notice that the representative of the last surviv- ing trustee do within twenty-eight days appear or give notice of his title to such master or other officer, and prove his pedigree or other title as trustee ; and if no person shall appear to give such notice within such twenty-eight days, or the person who may appear or give such notice shall not, within thirty-one days after such appearance or notice, prove his title to the satisfaction of such master or other officer, then and in such case it shall be lawful for the said court to appoint any new trustees for such charity or charitable or public purpose ; and such land may be conveyed to such new trustees by any person whom the said court respectively may direct for that purpose, by virtue of the provisions in this act, without the necessity of any decree. " XXXI. And be it further enacted, that the powers and authorities given by this act to the courts of Chancery and Exchequer in England, and the provisions contained in this act relating to the same courts, shall and may be exercised in like manner and are hereby given and extended to the several courts of Chancery and Exchequer in Ireland, with respect to all land and stock in Ireland." Stat. 11 Geo. CCLXII. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 66(1). A.D. 1830. c. %i. UL "An Act for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery." Inserting any " XX. And be it enacted, that if any person shall knowingly and wilfully false entry in \nsert} 0r cause or permit to be inserted, in any register of baptisms, marriages, or (1) Vide Stat. 2 & 3 Gul. 4, c. 123 ; and Stat. 11 Geo. 4 & 1 Gul. 4, c. 66, repeals Stat. 6 & 7 Gul. 4, c. 86, s. 49. so much of Stat. 4 Geo. 4, c. 76, as relates STATUTA GEORGII IV. A.D. 1820—1830. 1437 burials, wnich hath been or shall be made or kept by the rector, vicar, curate, or officiating minister of any parish, district-parish, or chapelry in England, any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter in any such registry any entry of any matter relating to any baptism, mar- riage, or burial ; or shall utter any writing as and for a copy of an entry in any such register of any matter relating to any baptism, marriage, or burial, knowing such writing to be false, forged, or altered ; or if any person shall utter any entry in any such register of any matter relating to any baptism, marriage, or burial, knowing such entry to be false, forged, or altered, or shall utter any copy of such entry, knowing such entry to be false, forged, or altered, or shall wilfully destroy, deface, or injure, or cause or permit to be destroyed, defaced, or injured, any such register or any part thereof ; or shall forge or alter, or shall utter, knowing the same to be forged or altered, any licence of marriage : every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years. " XXI. Provided always, and be it enacted, that no rector, vicar, curate, or officiating minister of any parish, district-parish, or chapelry, who shall discover any error in the form or substance of the entry in the register of any baptism, marriage, or burial respectively by him solemnized, shall be liable to any of the penalties herein mentioned, if he shall, within one calendar month after the disco- very of such error, in the presence of the parent or parents of the child baptized, or of the parties married, or in the presence of two persons who shall have attended at any burial, or in the case of the death or absence of the respective parties afore- said, then in the presence of the churchwardens or chapelwrardens, correct the entry which shall have been found erroneous, according to the truth of the case, by entry in the margin of the register wherein such erroneous entry shall have been made, without any alteration or obliteration of the original entry, and shall sign such entry in the margin, and add to such signature the day of the month and year when such correction shall be made ; and such correction and signature shall be attested by the parties in whose presence the same are directed to be made as aforesaid : provided also, that in the copy of the registry which shall be trans- mitted to the registrar of the diocese, the said rector, vicar, curate, or officiating minister shall certify the corrections so made by him as aforesaid. " XXII. And whereas copies of the registers of baptisms, marriages, and burials, such copies being signed and verified by the written declaration of the rector, vicar, curate, or officiating minister of every parish, district-parish, and chapelry in England where the ceremonies of baptism, marriage, and burial may lawfully be performed, are directed by law to be made and transmitted to the registrar of the diocese within which such parish, district-parish, or chapelry may be situated ; be it therefore enacted, that if any person shall knowingly and wil- fully insert, or cause or permit to be inserted, in any copy of any register so directed to be transmitted as aforesaid, any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter, or shall utter knowing Stat. 11 Geo. 4 & 1 Gul. 4, c. 66. any register of baptisms, marriages, or burials ; forging or altering any- such entry; uttering any false or forged entry ; destroying, &c. the register; forging any licence of marriage ; transportation for life, &c. Rector, &c. not liable to any penalty for correcting, in the mode pre- scribed, acci- dental errors in the register. Inserting in any copy of a register of baptisms, marriages, or burials, trans- mitted to the registrar, any false entry ; or forging or verifying any copy knowing to any person who shall knowingly and wil- fully insert in the register book any false en- try of any matter relating to any marriage, or shall falsely make, alter, forge, or coun- terfeit any such entry in the register, or any licence of marriage, or shall utter or publish as true, any false, altered, forged, or coun- terfeited register of marriage, or a copy thereof, or any false, altered, forged, or counterfeited licence of marriage, knowing such register or licence of marriage respec- tively to be false, altered, forged, or coun- terfeited, or shall wilfully destroy any re- gister book of marriages or any part thereof, or shall cause or procure, or assist in the commission of any of the said several of- fences. 2 Russell on Crimes, by Greaves, 486. Mr. Lonsdale, (Cr. L. 105,) observes that the enactments contained in Stat. 11 Geo. 4 6 1 Gul. 4, c. 66, ss. 20 & 22, appear to be incidentally repealed by sect. 43 of Stat. 6 & 7 Gul. 4, c. 86, so far as they relate to the falsifying or destroying marriage register books. With respect to registers of bap- tisms and burials they are still in force, Stat. 6 & 7 Gul. 4, c. 86, s. 49, having provi- ded, that nothing therein contained, shall affect the registration of baptisms or burials, as then by law established. 1438 STATUTA GEORGII IV. A.D. 1820-1830. Stat. 11 Geo. 4 & 1 Gul. 4, c. 66. it to be false, transportation for seven years. &c. the same to be forged or altered, any copy of any register so directed to be trans? mitted as- aforesaid, or shall knowingly and wilfully sign or verify any copy of any register so directed to be transmitted as aforesaid, which copy shall be false in any part thereof, knowing the same to be false, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years nor less than one year." Stat. 11 Geo. 4 & 1 Gul. 4, c. 73. 60 Geo. 3, c. 8. Punishment of banishment repealed. CCLXIII. Stat. 11 Georgii 4 & 1 Gulielmi 4, c. 73. A.D. 1830. "An Act to repeal so much of an Act of the sixtieth year of His late Majesty King George the Third, for the more effectual Prevention and Punishment of Blas- phemous and Seditious Libels, as relates to the Sentence of Banishment for the second Offence. . . ." " Whereas by an act passed in the sixtieth year of the reign of his late majesty King George the Third, intituled, 'An Act for the more effectual Prevention and Punishment of blasphemous and seditious Libels,' it was amongst other things enacted, that if any person should, after the passing of that act, be legally con- victed of having composed, printed, or published any blasphemous libel or any such seditious libel as in the said act is before-mentioned, and shall after being so convicted offend a second time, and be thereof legally convicted before any com- mission of oyer and terminer or gaol delivery, or in his majesty's court of King's Bench, such person might on such second conviction be adjudged, at the discretion of the court, either to suffer such punishment as might by law be inflicted in cases of high misdemeanor, or to be banished from the United Kingdom and all other parts of his majesty's dominions for such term of years as the court in which such conviction should take place should order : and whereas it is expedient to repeal so much of the said act as relates to the sentence of banishment for the second offence ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much and such parts of the said act as relate to the sentence of banishment for the second offence be and the same are hereby wholly repealed." Stat. 11 Geo. 4 & 1 Gul. 4, cap. lxxix. CCLXIV. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. lxxix. A.D. 1830. iAn Act to commute for Lands and a Com Rent the Ancient Compositions in lieu o f Tithes and Glebe Lands payable to the Rector of the Parish of Barnwell Saint Andrew with, Barnwell All Saints annexed in the County of Northampton." CCLXV. Stat. 11 Georgii 4 & 1 Gulielmi 4, cap. cxxxii. A.D. 1830. Stat. 11 Geo. 4 & 1 Gul. 4 cap. cxxxn. "An Act for prohibiting Burying and Funeral Service in a Chapel of Ease intended to be built for the Parish of Saint George Bloomsbury, in the County of Mid- dlesex." 1439 STATUTA GULIELMI IV. A.D. 1830-1837. Page Page I. Stat. 1 Gul. 4, cap. i 1440 LXIV. Stat. 3 & 4 Gul. 4, c. 37 [Ir.] 1536 II. cap. iii 1442 LXV. c. 41 .... 1595 III. cap. iv 1442 LXVI. c. 42 .... 1602 IV. CAP. XX, 1442 LXVII. c. 45 .... 1602 V. c. 21 1442 LXVIIL c. 49 .... 1603 VI. CAP. XXI. 1445 LXIX. c. 70 .... 1603 VII. CAP. XXII. 1445 LXX. c. 82 .... 1604 VIII. CAP. XXIII. 1445 LXXI. e. 85 .... 1604 IX. CAP. XXIV. 1445 LXXII. c. 92 Tlr.] 1606 X. CAP. LVII. 1445 LXXIII. c. 100 [Ir.] 1607 XI. .. .1 & 2 Gul. 4, cap. iii. 1445 LXXIV. c. 102 [Ir.] 1607 XII. c. 9 1445 LXXV. c. 105 ... 1608 XIII. 1445 LXX VI. c. 106 .... 1608 XIV. c 22 1446 LXX VI I. CAP. CX 1610 XV. c.32 1446 LXX VI II. .... 4 & 5 Gul. 4, cap. ii. 1610 XVI. c 34 1446 LXXIX. cap. v 1610 XVII. c.38 1446 LXXX. cap. vi 1610 XVIII. c 45 1459 LXXXI. cap. vii 1610 XIX. c 48 [Ir.] 1466 LXXXII. cap. ix 1611 XX. c 49 [Ir.] 1466 LXXXI II. c 22 1612 XXI. CAP. XLIX. 1467 LXXXIV. c. 25 1613 XXII. c 59 1467 LXXXV. c 26 [Ir.] 1614 XXIII. c 60 1467 LXXXVI. c 28 [Sc.] 1614 XXIV. CAP. LXXV. 1481 LXXXVII. c 30 1614 XXV. .... 2 Gul. 4, c 7 [Ir.] 1481 LXXXVIII. cap. xxxiii. 1621 XXVI. c. 9 [Ir.] 1482 LXXXIX. cap. xxxv. 1621 XXVII. c.40 1483 XC. cap.xxxviii. 1621 XXVIII. c 41 [Ir.] 1483 XCI. c. 39 1621 XXIX. c 42 1483 XCII. c. 40 1622 XXX. c 57 1485 XCIII. c.41 [Sc.] 1622 XXXI. c 61 1487 XCIV. c.46 [Ir.] 1622 XXXII. .... 2 & 3 Gul. 4, cap. x. 1488 xcv. CAP. LXV. 1623 XXXIII. cap. x 1489 XCVI. c. 73 1623 XXXIV. cap. xvi 1489 XCVII. CAP. LXXV. 1623 XXXV. cap. xix 1489 XCVIII. c 76 1623 XXXVI. cap. xx 1489 XCIX. c 83 1625 XXXVII. CAP. XXVI. 1489 c. c. 90 [Ir.] 1627 XXXVIII. c 63 1489 CI. .... 5 & 6 Gul. 4, cap. xvi. 1645 XXXIX. c 67 [Ir.] 1489 CII. CAP. XVII. 1645 XL. c 71 1490 CHI. cap. xxi 1645 XLI. c 75 1493 CIV. 1645 XLII. CAP. LXXIX. 1493 cv. c. 30 1645 XLIII. c. 80 1493 CVI. c. 50 1647 XLIV. CAP. LXXX. 1495 CVlI. c. 54 1647 XLV. c 85 [Ir.] 1495 CVIII. c. 58 [Sc.] 1652 XLVI. . c. 87 [Ir.] 1496 CIX. c. 62 1652 XLVII. . c. 92 .... 1497 ex. c. 69 1653 XLVIII. . c 93 .... 1498 CXI. c. 71 1653 XLIX. . c 100 .... 1502 CXII. c. 74 1654 L. cap. cm. 1506 CXIII. c. 75 1655 LI. . 1506 CXIV. c. 76 1655 LII. . c 115 .... 1506 cxv. c. 79 [Ir.] 1665 LIII. . c. 119 [Ir.] 1509 CXVI. c. 81 1665 LIV. c 127 .... 1509 CXVII. .... 6 & 7 Gul. 4, c. 4 ... 1666 LV. . ... 3 & 4 Gul. 4, c. 9 .... 1509 CXVIII. c. 17 1666 LVI. . c. 19 1509 CXIX. 1667 LVII. . 1510 cxx. c. 19 1667 LVIII. . cap. xxiii. 1510 CXXI. c. 20 1669 LIX. . c. 27 1511 CXXII. CAP. XX. ... 1671 LX. cap. xxix. 1527 CXXI 1 1. cap. xx 1671 LXI. . c. 30 1527 CXXIV. cap. xxi 1671 LXII. . CAP. XXX. 1535 exxv. c. 22 [Sc.] 1671 LXII1. . c. 31 1535 CXXVI. c. 24 1671 1440 STATUTA GULIELMI IV. A.D. 1830-1837. Page Page CXXVII. Stat. 6 & 7 Gul. 4, cop. xxiv. 10/ L CLI. Stat. 7 Gul. 4 & 1 Vict. c. 4 1771 CXXVIII. PflYi YYY 1 £79 10/ Z CLII .**• i>. «j L J 1772 CXXIX. '. 1 fi79 10/ i. CLIII. .... 1772 cxxx. c. 37 1 A7A 10/0 CLIV c.^22 1772 CXXXI. n 41 TSf 1 ... .... C IX |_Oly.J 1 1 ; 7 7 10/ / CLV .... cop. XXIV. 1778 CXXXTT 10/ / CLVI c. 26 1779 CXXX I II V> iViV Ill* , c. 58 10/ / CLVII .... L. U.IJ . AA1A • 1798 CXXXTV c. 64 1 £77 10/ / CLVIII YYY1 .... LUJJ. AAA1. 1798 cxxxv. c. 67 1 A7Q lO/O CLIX .... cap. xxxii. i/yo rxxxvi c. 70 1 AQO lOoU CLX .... cap. xxxm. 1798 CXXXVTT c. 71 l con lOoU CLXI .... i.t'JJ. All. .... 1799 CXXXVIII. ... c. 75 [Ir.] 1 71 f 1/ 15 CLXII c. 44 1799 CXXXIX. c> 77 1717 1/1/ CLXIII c. 45 1799 CXL. '. "! Z c. 85 1 79^ 1 / ZD CLXIV 2. 46 CXLI. . c. 86 1 / O0 CLXv! .... c. 53 1 Q A A loUU CXLII. . c. 87 1751 CLXVI .... c.bS [Ir!] 1 OA/i lbU4 CXLIII. . c. 92 1754 CLXVII .... c. 69 loU4 CXLIV. . c. 95 [Ir.j 1755 CLXVIII .... c. 71 1807 CXLV. . c. 96 1755 CLXIX .... c. 75 1808 CXLVI. . c.99 [Ir.] 1755 CLXX .... c. 78 1809 CXLVII. . c. 115 .... 1767 CLXXI .... c. 89 1810 CXLVIII. . CAP. CXXIX. 1771 CLXXII CAP. CXXX. 1810 CXLIX. . cap. cxxxvi. 1771 CLXXIII CAP. CXXXI. 1810 CL. . ... 7 Gul. 4 & 1 Vict. c. 1 1771 Stat. 1 Gin . I. Stat. 1 Gulielmi 4, cap. i.(l). A.D. 1830. ' "An Act for dividing, allotting, and inclosing Lands within the Parish of Piddlehinton, in the County of Dorset.1* (1) The following is a list of the Local and Personal, and Private Statutes, from the octavo edition of the Statutes, which were passed in the reign of William the Fourth, for inclosing lands, and in such statutes al- lotments were made to the impropriators, in lieu of tithes, the rights of leasing were re- served to the clerical incumbents, and other powers or advantages given, according to the circumstances of each case, so as to protect the rights of the church to its property, in the most ample manner. Stat. 1 Gul. 4, c. 2, for inclosing lands in the parish of Compton Bassett, in the county of Wilts. Stat. 1 & 2 Gul. 4, c. 4, for settling disputed rights respecting tithes within the parish of Ashton-under-Lyne, in the county palatine of Lancaster, and for fixing certain annual payments in lieu thereof. Stat. 1 & 2 Gul. 4, c. 9, for inclosing lands within the townships or divisions of Hugill, Applethwaite, and Troutbeck, in the parishes of Kirkby-in- Kendal and Windermere, in the county of Westmorland. Stat. 1 & 2 Gul. 4,c. 18, for inclosing lands in the parish of Woolver- cot, in the county of Oxford, and for com- muting the tithes of the said parish. Stat. 1 & 2 Gul. 4, c. 50, for extinguishing tithes, and customary pay- ments in lieu of tithes, within the parish of Llanelly, in the county of Carmarthen, and for making compensation in lieu thereof. Stat. 1 & 2 Gul. 4, c. 57, for inclosing, draining, and warping lands within the townships or hamlets of Fro- dingham, Scunthorpe, and Gunhouse, (otherwise Gunnas,) all in the parish of Frodingham, in the county of Lincoln. Stat. 2 & 3 Gul. 4, c. 1, for inclosing lands in the parish of Aston Rowant, in the county of Oxford. Stat. 2 & 3 Gul. 4, c. 3, for inclosing lands in the townships of Bub- with and Harlethorpe, in the parish of Bubwith, in the east riding of the county of York. Stat. 2 & 3 Gul. 4, c 4, for inclosing and exonerating from tithes, lands in the parish of Clifton, in the county of Bedford. Stat. 2 & 3 Gul. 4, c. 5, for inclosing certain commons or tracts of waste lands, called Harberrow and Blake- down Commons, in the parish of Hagley, in the county of Worcester. Stat. 2 & 3 Gul. 4, c. 7, for inclosing lands in the township of Bailes- ley, otherwise Bausley, within the parish of Alberbury, in the county of Montgo- mery. Stat. 2 & 3 Gul. 4,c. 13, for inclosing lands within the hamlet of Hill and Moor, in the parish of Fladbury, in the county of Worcester. Stat. 2 & 3 Gul. 4, c. 22, for disafforesting and inclosing so much of the forest of Rockingham, as is situate within the bailiwick of Rockingham, and for inclosing open and common field lands in Gretton, all within the county of North- ampton. STATUTA GULIELMI IV. A.D. 1830—1837. 1441 Stat. 3 & 4 Gul. 4, c. 1, for dividing, allotting, and inclosing lands in the tithing of Hanging Langford, within the parish of Steeple Langford in the county of Wilts. Stat. 3 & 4 Gul. 4, c. 9, for inclosing, dividing, and allotting the commons, droves, and waste lands in the parish of Wisbech St. Mary's, in the Isle of Ely, in the county of Cambridge. Stat. 3 & 4 Gul. 4, c. 12, for inclosing lands in the parish of Elkstone, in the county of Gloucester. Stat. 3 & 4 Gul. 4, c. 13, for inclosing certain moors or commons, called West moor, East moor, and Middle moor, in the county of Somerset. Stat. 3 & 4 Gul. 4, c. 14, for inclosing lands in the township of Great Givendale, in the east riding of the couDty of York. Stat. 3 & 4 Gul. 4, c. 15, for inclosing lands in the parish of Oaking- ton, in the county of Cambridge, and for commuting the tithes of the said parish. Stat. 3 & 4 Gul. 4, c. 16, for inclosing lands within the parish of La- kenheath, in the county of Suffolk Stat. 3 & 4 Gul. 4, c. 17, for inclosing lands in the parish of Yardley, in the county of Worcester, and for com- muting the tithes of the said parish. Stat. 3 & 4 Gul. 4, c. 20, for inclosing lands within the manor of Little Salkeld, in the parish of Addingham, in the county of Cumberland. Stat. 3 & 4 Gul. 4, c. Ill, to alter and amend three several acts made in the seventh and forty-second years of the reign of King George the Third, and the sixth year of the reign of his late ma- jesty King George the Fourth, for draining lands within the level of Ancholme, in the county of Lincoln, and making certain parts of the river Ancholme navigable. Stat. 4 & 5 Gul. 4, c. 1, for amending an act of the eleventh year of the reign of his late majesty King George the Fourth, intituled, " An Act for in- closing Lands in the Tithings of Arle and Arleston, otherwise Allstone, in the Parish of Cheltenham, in the County of Glouces- ter, and for discharging from Tithes Lands in the said Tithings." Stat. 4 & 5 Gul. 4, c. 3, for inclosing lands in the parish of Great Shelford in the county of Cambridge, and for commuting the tithes of the said pa- rish. Stat. 4 & 5 Gul. 4, c. 4, for inclosing lands in the parish of Dunts- borne Rouse, in the county of Glouces- ter, and for exonerating from tithes the lands in the said parish. Stat. 4 & 5 Gul. 4, c. 8, for removing the markets held in the High and Fore street, and other places within the city of Exeter, and for providing other markets in lieu thereof. Stat. 4 & 5 Gul. 4, c. 9, Stat. 1 Gul. to commute for a corn rent certain tithes 4, cap. i, within the parish of Kirkby Lonsdale, in the county of Westmorland. Stat. 4 & 5 Gul. 4, c. 11, for inclosing lands in the parish of Middle- ton in Teesdale, in the county of Durham. Stat. 4 & 5 Gul. 4, c. 12, for dividing, allotting, inclosing, and other- wise improving the open fields, commons, and waste lands in the liberty of Kirk Langley, in the county of Derby. Stat. 4 & 5 Gul. 4, c. 13, for inclosing and exonerating from tithes, lands in the parish of Colmworth in the county of Bedford. Stat. 4 & 5 Gul. 4, c. 14, for inclosing, dividing, and allotting the commons, droves, banks, and waste lands in the parish of Elm, in the Isle of Ely, in the county of Cambridge. Stat. 4 & 5 Gul. 4, c. 15, for inclosing lands within the townships of Alstonefield, Warslow, Lower Elkstone, Fawfieldhead, Hollingsclough, Heathilee, and Quarnford, all in the parish of Al- stonefield, in the county of Stafford. Stat. 4 & 5 Gul. 4, c. 18, to commute for a corn rent, the tithes and dues payable to the rectors and vicar of the parish of Kendal, otherwise Kirkby Kendal, in the county of Westmorland. Stat. 4 & 5 Gul. 4, c. 29, for inclosing lands within the parish and manor of Stanwick, in the county of Northampton, and for extinguishing the tithes therein. Stat. 5 & 6 Gul. 4, c. 13, for inclosing and allotting lands in the parish of Stretham, in the Isle of Ely and county of Cambridge, and for the commutation of tithes. Stat. 6 & 7 Gul. 4, c. 1, for inclosing lands in the parish of Hardwick, in the county of Cambridge. Stat. 6 & 7 Gul. 4, c. 2, for inclosing lands in the parish of Wootton, in the county of Bedford. Stat. 6 & 7 Gul. 4, c. 3, for inclosing lands in the parish of Orwell, in the county of Cambridge, and for com- muting the tithes of the said parish. Stat. 6 & 7 Gul. 4, c. 7, for dividing, allotting, and inclosing lands within the parish and manor of Godman- stone, in the county of Dorset. Stat. 6 & 7 Gul. 4, c. 8, for inclosing and exonerating from tithes, lands in the parish of Stepinglev, in the county of Bedford. Stat. 6 & 7 Gul. 4, c. 16, for dividing, allotting, and laying in seve- ralty, lands in the parishes of Marsh Bal- don and Toot Baldon, in the county of Oxford. Stat. 7 Gul. 4 & 1 Vict. c. 1, for inclosing and exonerating from tithes, lands in the parish of Cranfield, in the county of Bedford. 4 Z 1442 STATUTA GUL1ELMI IV. A.D. 1830-1837. Stat. 1 Gul. 4, cap. iii. II. Stat. 1 Gdlielmi 4, cap. iii. A.D. 1831. "An Act for assisting the Dean and Chapter of the Cathedral and Metropolitical Church of Christ, Canterbury, to take down and rebuild the North-western Tower of the same Church." Stat. I Gul. 4, cap. iv. III. Stat. 1 Gulielmi 4, cap. iv. A.D. 1831. "An Act to enable the Right Reverend the Lord Bishop of Worcester, and his Successors, to grant Leases of certain Hereditaments belonging to the Episcopal See of Worcester, situate, arising, or growing within the Parish of Ripph, in the County of Worcester." Stat. 1 Gul. 4, CAP. xx. IV. Stat. 1 Gdlielmi 4, cap. xx. A.D. 1831. "An Act to amend an Act of the forty-seventh year of King George the Third, for enlarging the Churchyard belonging to the Parish of Saint Martin, in the Town of Birmingham, in the County of Warwick ; and for providing an additional Cemetery or Burial Ground for the use of the said Parish." Stat. 1 Gul. 4, c. 21. Applications for writs of prohibitions may be made on affidavit only. Contents of declaration in case the party is directed to declare in pro- hibition. V. Stat. 1 Gulielmi 4, c. 21(1). A.D. 1831. "An Act to improve the Proceedings in Prohibition (2), and on Writs of Mandamus" " Whereas the filing a suggestion of record on application for a writ of prohibi- tion is productive of unnecessary expense, and the allegation of contempt in a declaration in prohibition filed before writ issued is an unnecessary form ; and it is expedient to make some better provision for payment of costs in cases of prohibi- tion ; be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same, that it shall not be necessary to file a suggestion on any application for a writ of prohibition, but such applica- tion may be made on affidavits only ; and in case the party applying shall be directed to declare in prohibition before writ issued, such declaration shall be expressed to be on behalf of such party only, and not, as heretofore, on the behalf of the party and of his majesty, and shall contain and set forth in a concise man- ner so much only of the proceeding in the court below as may be necessary to show the ground of the application, without alleging the delivery of a writ or any contempt, and shall conclude by praying that a writ of prohibition may issue ; to which declaration the party defendant may demur, or plead such matters (3), by Stat. 7 Gul. 4 & 1 Vict. c. 3, for inclosing lands in the township of Loft- house-cum-Carlton, in the parish of Roth- well, in the west riding of the county of York. Stat. 7 Gul. 4 & 1 Vict. c. 4, for inclosing lands in the parishes of Win- frith Newburgh and Wool, in the county of Dorset. Stat. 7 Gul. 4 & 1 Vict. c. 9, for inclosing lands in the honour or lordship and forest of Clun, in the county of Salop. Stat. 7 Gul. 4 & 1 Vict. c. 10, to enable the minister of the parish of Banff, in the county of Banff, to feu the glebe lands of the said parish. Stat. 7 Gul. 4 & 1 Vict. c. 90, for draining, inclosing, dividing, and allot- ting, certain lands in the parish of Over, in the county of Cambridge. (1) Vide Stat. 13 Edw. 1, St. IV. {ante 24) ; Stat. 24 Edw. 1 (ante 28) ; Stat. 9 Edw. 2, St. I. c. 1 (ante 33) ; Stat. 1 Edw. 3, St. II. c. 11 (ante 44) ; Stat. 18 Edw. 3, St. III. c. 5 (ante 51); Stat. 45 Edw. 3, c. 3 (ante 72); Stat. 50 Edw. 3, c. 4 (ante 73); Stat. 8 & 9 Gul. 3, c. 11 (ante 666) ; Stat. 1 & 2 Gul. 4, c. 58; and Stat. 3 & 4 Vict. c. 93. (2) Prohibition: — Fide Stephens on Cle- rical Law, tit. Prohibition. Vide Stephens on Nisi Prius, tit. Mandamus. (3) Plead such matters : — It seems, that several pleas may now be pleaded to an action in prohibition. The reason why, for- merly, only one plea could be pleaded in prohibition was, that the plaintiff was obliged to make the king a party to the suit, and the king not being named in Stat. 4 Ann. c. 16, s. 4, which allows several pleas, that statute was held not to extend to the action in prohibition ; but this being no longer ne- cessary, that reason ceases. Hall v. Maute, 5 N. & M. 455. STATUTA GULIELMI IV. A.D. 1830—1837. 1443 way of traverse or otherwise, as may be proper to show that the writ ought not to issue, and conclude by praying that such writ may not issue ; and judgment shall be given, that the writ of prohibition do or do not issue (I), as justice may require ; and the party in whose favour judgment shall be given, whether on non- suit, verdict, demurrer, or otherwise, shall be entitled to the costs attending the application and subsequent proceedings (2), and have judgment to recover the same ; and in case a verdict shall be given for the party plaintiff in such decla- ration, it shall be lawful for the jury to assess damages, for which judgment shall also be given, but such assessment shall not be necessary to entitle the plain- tiff to costs. " II. And be it further enacted, that so much of an act passed in the second and third years of the reign of King Edward the Sixth, intituled, * An Act for Stat. 1 Gul. 4, c. 21. Defendant may demur to declaration. Judgment. Costs. Damages. So much of 2 & 3 Edw. 6, c. 13, as relates to prohibition, repealed. (1) Writ of prohibition do or do not issue : — The court will grant a writ of prohibition to a spiritual court to stay proceedings in a suit of defamation, even after sentence, if it appear, that the court has exceeded its juris- diction. The onus of establishing such excess of ju- risdiction lies upon the applicant party ; there- fore, where by the sentence in the suit, in the court below, which was a suit for defam- ing a spiritual, person, it was found that the defendant had "maliciously said several words in the libel mentioned," and it ap- peared, that some of the words imputed a temporal offence, the court left the applicant to declare in prohibition, in order that it might be ascertained whether the sentence had proceeded upon those words. Thus, in Ex parte Mary Evans, (2 Dowl. P. C. N. S. 726,) Mr. Justice Williams observed, "This case was discussed before me a few days ago. It was a motion for a prohibition to stay pro- ceedings in the Consistory court of the Bishop of St. David's, after sentence pronounced therein. Several questions were raised in the course of the argument, and the first of these was, whether the application came too late ? Upon that point, however, I enter- tain no doubt. It seems to me to be clear, that the application is not too late if an ex- cess of jurisdiction appears ; that is to be con- sidered as being either decided or recognised in Carslake v. Mapledoram, (2 T. R. 473,) and Hart v. Marsh (Clerk), (5 A. & E. 591.) But it appears, from those cases, that the onus of showing such want of jurisdiction is cast on the party applying. The other ques- tions discussed, resolve themselves into this, whether that want of jurisdiction is here shown ? Here, however, there are not, as there were in Hart v. Marsh, some matters of ecclesiastical, some of temporal cogni- zance. In that case the sentence was founded on some of the charges only, and there was nothing to show, that the sentence did not proceed on those of ecclesiastical cognizance only. Here is an article not charging mis- conduct only, but the libel charges the defamation of a spiritual person, and it imputes an offence, or offences, also of tem- poral cognizance. There are authorities to show, that where in libels for defamation, in the ecclesiastical courts, the defamation con- sists of temporal offences only, the jurisdic- tion of the ecclesiastical courts is ousted, and prohibition will lie. Evans v. Brown, 2 Ld. Raym. 1101. Hollingshead's case, Cro. Car. 229. And a case of Legat v. Wright, is cited by Mr. Burn as an author- ity. But there is a difficulty, whether the sentence in this case must be understood, as proceeding at all on that part of the words which impute a temporal offence ; a proposi- tion which should be clearly established be- fore this rule is made absolute. This is my impression at present, but I shall enlarge the rule, and give the defendant below an oppor- tunity of declaring in prohibition, if he shall be so advised, by which means the whole matter will be brought before the court. I am the more inclined to do so, because I find an indisposition to make such a rule absolute, when a question of costs is the subject of dispute. I will give the defendant time to declare, up to the first day of next term, and if she fails to do so in that time, the rule must be discharged." In Cardew v. Cottey,(7 Dowl. P. C. 666,) which was a suit for tithes in the ecclesiasti- cal court, it was held, that if the defendant plead a plea, which raises a question beyond the jurisdiction of the court, but afterwards waives it, the court of Queen's Bench will not grant a prohibition in that stage of the proceedings. (2) The costs attending the application and subsequent proceedings: — Reg. Gen. H. T. 2 Gul. 4, I. 64, which directs, that where a new trial is granted without any mention of costs in the rule, the costs of the first trial shall not be allowed to the suc- cessful party, though he succeed on the second, equally applies to issues in prohi- bition, even since Stat. 1 Gul. 4, c. 21, s. 1. Craven v. Sanderson, 7 A. & E. 897, n. (a). In Tessimond v. Yardley, (5 B. & Ad. 458,) it was holden, that Stat. 1 Gul. 4, c. 21, did not enable the court of Queen's Bench, where a party had declared in prohi- bition and succeeded, to grant him his costs incurred in the ecclesiastical court. Where a rule was made absolute for issu- ing a prohibition, it was decided, that the costs of the rule could not be granted to the successful party under Stat. 1 Gul. 4, c. 21, s. 1, because that statute only applied to cases, where there had been pleadings in pro- hibition. Rex v. Keating, 1 Dowl. P. C. 440. 4 Z 2 1444 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 Gul. 4, c. 21. The enactments of 9 Ann. c. 20, relating to re- turns to writs of mandamus therein men- tioned, and the proceedings thereon, ex- tended to all other writs of mandamus. For protection of certain officers to whom writs of mandamus are directed Proceedings not to abate by removal of officer. Costs to be in the discretion of the court. Payment of Tithes/ as relates to prohibition, shall be and the same is hereby- repealed. "III. And whereas the provisions contained in a certain act of parliament passed in the ninth year of the reign of Queen Anne, intituled, ' An Act for ren- dering the Proceedings upon Writs of Mandamus and Informations in the Nature of a Quo warranto more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs,' relating to the writs of mandamus therein mentioned, have been found useful and convenient, and the same ought to be extended to the proceeding on other such writs ; be it therefore enacted, that the several enactments contained in the said statute relating to the return to writs of mandamus, and the proceedings on such returns, and to the recovery of damages and costs, shall be and the same are hereby extended and made applicable to all other writs of mandamus, and the proceedings thereon, except so far only as the same may be varied or altered by this act. " IV. And whereas writs of mandamus, other than such as relate to the offices and franchises mentioned in or provided for by the said act made in the ninth year of the reign of Queen Anne, are sometimes issued to officers and other persons, commanding them to admit to offices, or do or perform other matters, in respect whereof the persons to whom such writs are directed claim no right or interest, or whose functions are merely ministerial in relation to such offices or matters ; and it may be proper that such officers and persons should in certain cases be protected against the payment of damages or costs to which they may otherwise become liable ; be it therefore enacted, that it shall be lawful for the court to which appli- cation may be made for any writ of mandamus, (other than such as relate to the said offices and franchises mentioned in or provided for by the said act made in the reign of Queen Anne,) if such court shall see fit so to do, to make rules and orders, calling, not only upon the person to whom such writ may be required to issue, but also all and every other person having or claiming any right or interest in or to the matter of such writ, to show cause against the issuing of such writ and payment of costs of the application, and upon the appearance of such other person in compli- ance with such rules, or in default of appearance after service thereof, to exercise all such powers and authorities, and make all such rules and orders, applicable to the case, as are or may be given or mentioned by or in any act passed or to be passed during this present session of parliament for giving relief against adverse claims made upon persons having no interest in the subject of such claims ; pro- vided always, that the return to be made to any such writ, and issues joined in fact or in law upon any traverse thereof, or upon any demurrer, shall be made and joined by and in the name of the person to whom such writ shall be directed ; but nevertheless the same shall and may, if the court shall think fit so to direct, be expressed to be made and joined on the behalf of such other person as may be men- tioned in such rules; and in that (ase such other person shall be permitted to frame the return, and to conduct the subsequent proceedings, at his own expense ; and in such case, if any judgment shall be given for or against the party suing such writ, such judgment shall be given against or for the person or persons on whose behalf the return shall be expressed to be made, and who shall have the like remedy for the recovery of costs and enforcing the judgment as the person to whom the writ shall have been directed might and would otherwise have had. " V. And be it further enacted, that in case the return to any such writ shall, in pursuance of the authority given by this act, be expressed to be made on behalf of any other person as aforesaid, the further proceedings on such writ shall not abate or be discontinued by the death or resignation of, or removal from office of, the person having made such return, but the same shall and may be continued and carried on in the name of such person; and if a peremptory writ shall be awarded, the same shall and may be directed to any successor in office or right to such person. "VI. And for making some further provision for the payment of costs on appli- cations for mandamus, be it further enacted, that in all cases of application for any STATUTA GULIELM1 IV. A.D. 1830—1837. 1445 writ of mandamus whatsoever, the costs of such application, whether the writ Stat. 1 Gul. shall be granted or refused, and also the costs of the writ, if the same shall be 4, c. 21. issued and obeyed, shall be in the discretion of the court, and the court is hereby authorized to order and direct by whom and to whom the same shall be paid." XXI. VI. Stat. 1 Gulielmi 4, cap. xxi. A.D. 1831. Stat. 1 Gul. lAn Act for the better assessing and recovering of the Rates for the Relief of the 4' CAP' Poor, and of the Ecclesiastical or Church Rates, upon small Tenements, within the Parish of Liverpool, in the County Palatine of Lancaster" VII. Stat. 1 Gulielmi 4, cap. xxa. A.D. 1831. Stat. 1 Gul. "An Act for raising a further Sum of Money to defray tJie outstanding Claims 4' CAP' XXI1, in respect of the building the Crypt and Tower to the additional Church erected in the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey ; and of inclosing the Burial Ground thereof." VIII. Stat. 1 Gulielmi 4, cap. xxiii. A.D. 1831. Stat. 1 Gul. • 4 CAP XXIII lAn Act for building a Church or Chapel, with a Cemetery to the same, in the ' Townshijj of Liscard, in the Parish of Wallasey, in the County Palatine of Chester." IX. Stat. 1 Gulielmi 4, cap. xxiv. A.D. 1831. Stat. 1 Gul. "An Act for erecting a Chapel in the Parish of Saint Leonard's, within the Liberty 4' CAP' XXIV* of the Town and Port of Hastings, in the County of Sussex, for the Accom- modation of the Inhabitants of the said Parish, and of the Parish of Saint Mary Magdalen, within the said Liberty and County." X. Stat. 1 Gulielmi 4, cap. lvii. A.D. 1831. Stat. 1 Gul. "An Act for talcing down the Parish Church of Great Marlow, in the County 4' CAP' LV11' of Buckingham, and for rebuilding the same on or near the present Site thereof." XI. Stat. 1 \ 2 Gulielmi 4, cap. hi. A.D. 1831. Stat. 1 & 2 "An Act for the Establishment of a Chapel of Ease, to be called (Grosvenor Cliapel,' GuL> 4' CAP' in the Parish of Saint George, Hanover Square, in the County of Middlesex, and for providing for the Maintenance of the said Chapel, and a Stipend for the Minister thereof." XII. Stat. 1 & 2 Gulielmi 4, c. 9(1). A.D. 1831. Stat. 1 & 2 "An Act to repeal so much of certain Acts as requires certain Oaths to be taken by GuL' 4j c> 9' Members of the House of Commons befw~e the Lord Steward or his Deputies." XIII. Stat. 1 & 2 Gulielmi 4, cap. xvii. A.D. 1831. §tat. 1 & 2 "An Act to enable the Governors of the Possessions, Revenues, and Goods of the GuL- 4' caP' Free Grammar School of King Edward the Sixth, in Birmingham, in the XVU' County of Warwick, to erect a School House, Masters' Houses, and other suitable Accommodations for the said School, and to extend the Objects of the Charity, and for other Purposes." (1) Vide Stat. 5 Eliz. c. 1 {ante 403) ; 2, St. II. (ante 624) ; and Stat. 1 G. & M. Stat. 7 Jac. 1, c. 6 (ante 535) ; Stat. 30 Car. c. 8 (ante 628). 1446 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 22. Drivers may ply and shall be compellable to drive on Sundays. XIV. Stat. 1 & 2 Gulielmi 4, c. 22. A.D. 1831. "An Act to amend the Laws relating to Hackney Carriages, and to Waggons, Carts, and Drays, used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages, and on Hawkers and Pedlars} in England, under the Commissioners of Stamps" " XXXVII. And be it enacted, that it shall be lawful for the proprietor or driver of any hackney -carriage which shall be licensed under the authority of this act to stand and ply for hire with such carriage, and to drive the same on the Lord's day, any former act or acts to the contrary notwithstanding ; and that such proprietor or driver who shall so stand or ply for hire as aforesaid, shall be liable and compellable to do the like work on the Lord's day as such proprietor or driver is by this act liable or compellable to do on any other day of the week." Stat. 1 & 2 XV. Stat. 1 & 2 Gulielmi 4, c. 32. A.D. 1831. Gul. 4, c. 32. iQ amend fa Laws in England relative to Game." " III. And be it enacted, that if any person whatsoever shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game on a Sunday or Christmas day, such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every such offence such sum of money, not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction . . . ." Stat. 1 & 2 XVI. Stat. 1 & 2 Gulielmi 4, c. 34. A.D. 1831. Gul. 4, c. 34. j[C£ appointing Commissioners to continue the Inquiries concerning Charities in England and Wales for two Years, and from thence to the end of the then next Session of Parliament" Stat. 1 & 2 XVII. Stat. 1 & 2 Gulielmi 4, c. 38(1). A.D. 1831. Gul. 4, c. 38. t0 amend and render more effectual an Act passed in the seventh and eighth years of the Reign of His late Majesty, intituled, An Act to amend the Acts for building and promoting the building of additional Churches in popu- lous Parishes" 58Geo.3,c.45. " Whereas an act was passed in the fifty-eighth year of the reign of his majesty King George the Third, intituled, 6 An Act for building and promoting the build- (1) The right of nominating to a chapel under Stat. 1 & 2 Gul. 4, c. 38, cannot be acquired, unless the conditions required by the act be strictly complied with. Thus, in the office of the judge, promoted by Williams v. Brown, (1 Curt. 53,) Dr. Lushington ob- served, "In this case, the office of the judge has been promoted by the Rev. Mr. Williams, the incumbent of the parish of Hendon, against the Rev. Mr. Brown, and the object of the suit, as I understand, is, to ascertain in this form, whether Mr. Brown has been offici- ating in the parish of Hendon under a com- petent authority or not. Although the form of the suit is a criminal one, I apprehend that all that is sought to be determined, upon the facts before the court, is, the rights of the respective parties. Undoubtedly the question to be decided is of very considera- ble importance, and I have deemed it my duty to give it very serious consideration, and to endeavour, if possible, on a consider- ation of the act of parliament, to find out its true construction, with reference to the facts and circumstances proved in evidence. Be- fore I proceed minutely to consider the facts and the law, I think it right to make an observation upon the jurisdiction of the court in this case. When the suit was originally instituted, I certainly entertained some doubt how far it was competent for this court to exercise jurisdiction to the fullest extent to which the case might be carried. But on reference to authorities, the cases of Bliss v. Woods, (3 Hagg. 486,) of Portland (Duke of) v. Bingham, (1 Consist. 157,) of Carry. Marsh, (2 Phill. 198,) of Moysey v. Hillcoat (D.D.), (2 Hagg. 30,) especially with refer- ence to the first, I could entertain no doubt that this court had jurisdiction, and the power of expressing its opinion upon the question. But I will state candidly the difficulty which presented itself to my mind, which was this : — in the course of the discussion it might, perhaps, incidentally happen that I should be trying the right to a perpetual curacy, and there was a doubt in my mind, whether the court was competent to come to a de- cision upon this point ; or, at least, whether it would not have been open to either party STATUTA GULIELMI IV. A.D. 1830—1837. 1447 ing of additional Churches in populous Parishes and whereas another act was Stat passed in the fifty-ninth year of the reign of his majesty King George the Third to have applied for a prohibition, if the court proceeded. However, the authorities which I have mentioned, of cases in these courts, and which have not been in the slightest degree impugned, no prohibition having been applied for, are sufficient to warrant me in considering the circumstances of this case. " It appears that the chapel in question was built by the late Mr. Wilberforce, and was consecrated a few days after his death, and it purports to have been built under the statute of 1 & 2 Gul. 4, c. 38. No doubt can be entertained as to the general principle of the law, where any clergyman attempts to officiate in a church or chapel within the limits of a parish, without the permission of the incumbent. That has been laid down in the case of Bliss v. Woods, (3 Hagg. 486,) by Sir John Nicholl, precisely as was laid down by his learned predeces- sors, and all authorities ; namely, that it is not competent for any clergyman of the church of England to enter a parish without leave of the incumbent, and to officiate in performing the duties of his vocation. The defence on the part of Mr. Brown is, that this case is brought within an exception to the general principle of the law, and it is alleged, that under the provisions of the act 1 & 2 Gul. 4, it was competent to Mr. Wil- berforce to erect this chapel with the con- sent of the incumbent or patron, and after sufficient endowment and compliance with the various provisions of the statute, to ob- tain the right of nominating the minister, who might be duly licensed by the ordinary of the diocese, and that a licence has been obtained. It is unnecessary to consider one part of the case ; namely, whether there was a performance of divine service before a li- cence was obtained ; because that was not a question in the citation as originally taken out in the cause, and is not applicable to the important point ; namely, the various rights of the parties. " The question shortly comes to this : have the provisions of the statute been com- plied with or not ? " And if they have not, the next question is, what are the legal consequences to be de- duced therefrom ? " The provisions of the statute, to which the facts of the case have reference, are con- tained in the second section of the statute itself ; and I must take the act of parliament as my guide, and endeavour, as far as it is in my power, to arrive at a just construction of it, with reference to the facts and circum- stances which have been proved in the cause. If I am of opinion, that the conditions of the statute have not been complied with, I shall have then further to consider, whether these conditions are precedent or not ; because if they are conditions precedent to the right of nomination vesting, and it appears that those conditions have not been carried into effect, the right of nomination will never have vested at all, and consequently any licence which may have been granted on a supposition, that such conditions had been complied with, and that the right of nomination had vested, falls to the ground. The sole ground upon which the ordinary grants a licence is, that the right of nomination has vested in the person who has nominated the individual who comes so to be licensed. It must not be understood, that where a party has obtained the authority of the ordinary, that authority is conclusive. It is not competent for the ordinary himself without consent of the in- cumbent, to license any person to officiate within the limits of the parish of that incum- bent. It is not necessary to travel through the whole of the provisions of the act of par- liament ; but I shall first consider the objec- tions, and whether they are supported by the evidence in the cause. " The objections resolve themselves into four heads : " The first objection is, that, at the date of the passing of the act, the chapel was not built and completed within the terms of one of the subsequent sections of the act. " The second objection is, that the repair- ing fund is not sufficient. " The third is, that the free seats are not of sufficient extent, according to the direc- tions of the statute. " The fourth is, that the nomination has not been rightly exercised. " With respect to the first point, I have looked through the whole of the evidence with reference to the question, whether the chapel was built and completed at the date of the passing of the act, according to the true meaning of the legislature ; and after the best consideration I can give to the evidence, I have come to the conclusion, that the act of parliament has been on this point sufficiently complied with. The next ques- tion is one of the greatest difficulty in the case ; and for the purpose of determining this question, I must first refer to the terms of the act of parliament itself. The act of par- liament directs that ' where any person or persons, belonging to the church of England, shall declare, his, her, or their intention of building a church or chapel for the perform- ance of divine service, [as aforesaid,] and where such person or persons shall declare their intention of providing a sum of one thousand pounds at the least by way of en- dowment for such church or chapel, to be secured upon lands or money in the funds, in addition to the pew-rents and profits arising from the said church or chapel, in case any such rents shall be taken, and shall also declare his, her, or their intention of providing a fund for the repairs of the said church or chapel, in manner following : namely, one sum equal in amount to five pounds upon every one hundred pounds of the original cost of erecting and fitting up, or of purchasing such chapel or building, to be secured upon lands or money in the funds, as aforesaid ; and also a further sum to be reserved annually out of the pew-rents of the said church or chapel, after the rate of five & 2 Gul. 4, c. 38. 59 Geo. 3, c. 134. 1448 STATUTA CULIELMI IV. A.D. 1830—1837. intituled, 4 An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional pounds for every one hundred pounds of the sum so to be provided, as last aforesaid.' Now after having looked through the evidence, I think it unnecessary to refer to it in detail, but I shall advert to such parts of it as bear upon the point 1 have to determine, whether or not a repairing fund ' equal in amount to five pounds for every one hundred pounds of the original cost of erecting and fitting up' the chapel, has been set apart. " The evidence on this part of the case consists of the testimony of Mr. Ravenscroft, and Mr. Philip Flood Page. I have read this evidence in order to see whether it esta- blished the sufficiency of the repair fund, and I must say, that looking to this evidence, and the defect of it, I think it is a most unsatis- factory mode of establishing so important a fact. Nothing could have been more easy than to have produced to the court a state- ment of the actual sum expended in the erec- tion and fitting up of this chapel, and it would have been competent for the party defendant in this cause to have stated the component items of the account, out of which the sum of five pounds per cent, ought to be assessed. Instead of that, I have the evi- dence of Mr. William Ravenscroft, the so- licitor, acting in the lifetime of the late Mr. Wilberforce, who gives the following account of the transaction. He knows nothing of his own knowledge as to the cost of erecting and fitting up the chapel : he was informed by another person the amount upon which the five per cent, was to be calculated upon. His evidence is this : he states that he ap- plied to Mr. Samuel Flood Page, the archi- tect, who told him that the amount was 3,600/., and that he inserted that sum in the deed of endowment, and the sum of 180/. as the amount of five per cent, on that principal sum. Every part of the testimony of this witness tends to show, that in his judgment there was a perfect bona fides, that it was intended that the act should be accurately complied with, and that all that was requisite and necessary was to be done. In his an- swer to the fourth interrogatory, he goes on to say, that he cannot swear either one way or the other ; so that no information is ob- tained from this witness. " The next witness is Mr. Philip Flood Page, and he is the brother of the architect who was employed on the occasion, and he knows nothing of the cost of erecting the chapel, except so far as he is enabled to speak from the papers in his office, and ex- cept so far as he considers himself compe- tent, without reference to the actual cost and expenditure under the act of parliament, to make an estimate of the sum. This witness was not the architect, but his brother was ; and his brother has not been called upon to give evidence. He is now in the Isle of Man, having left the business and gone into the church, and it might be attended with some inconvenience to examine him. But if the party in the cause did not think it right or expedient to examine the brother, some bet- ter account might surely have been given of the costs and expense of building this chapel. The account which this gentleman gives, ap- pears to me singular. I presume Mr. Ra- venscroft gave him some information as to the principle of the estimate required. He, however, states: 'The sum I gave to Mr. Ravenscroft to insert in the deed of endow- ment as the cost of erecting and fitting up the chapel in question, was 3600/. I gave him that as a round sum.* The act of par- liament does not speak of a round sum at all. The act of parliament directs that there shall be set apart five per cent, upon ' the original cost of erecting and fitting up.' This was not for the purpose of selling the chapel. The act speaks elsewhere of the purchase of such chapel ; but where the right of patron- age is assigned to the builder and endower of a chapel, it is made a condition that five per cent, of the actual prime cost of erecting and fitting up shall be set apart as a repair fund. ' I gave that as a round sum, for my calcu- lation made it amount to only 3325/. 18s. Sd. I had no communication with Mr. Wilber- force on the subject; the application to me and my answer to it, so far as I know, were quite unknown to Mr. Wilberforce. I made my calculation in this manner — I took the sums paid to Messrs. Bowden and Mr. Can- tellow, who had the contract for building the chapel; 3080/. 2s. 3d. paid to Messrs. Bow- den, and 560/. 16s. lOd. paid to Mr. Cantel- low, making 3640/. 19s. Id. ,' this exceeds the amount given to Mr. Ravenscroft by 40/. 19s. Id. 'Then I deducted from that the duties upon the building materials, 221/. 3s. u: " Now really it is necessary to direct our attention to this item, for I am bound to see whether the act of parliament has been car- ried into full effect. I listened to the argu- ment of counsel for Mr. Brown, to endeavour to learn on what principle this deduction was justified. I am aware that under other Church -building Acts, duties were allowed to be remitted ; but I am not aware that where a church or chapel has been built under this act, there is authority given by any act of parliament for a remission of any part of the duty. But I should like to know whether the duty has de facto been remitted. For whether it was or was not remitted, it is a matter of serious consideration for the court, considering how the question presses on the party, whether the fact of the duty being remitted and repaid ought not to have been pleaded and proved in order to be made a fit subject for consideration : because, how is it possible for me to decide whether this sum of 221/. 3s. Ad. is a legal deduction from 3630/. 19s. Id. if no statement is made to me of the authority under which the deduc- tion is made, and when it is not averred that there has been any remission at all ? I ap- prehend I am under the necessity of coming to the conclusion that the item of 221/. 3s. id. forms a part of the original cost of erect- ing and fitting up this chapel, and that it is STATUTA GULIELMI IV. A.D. 1830-1837. 1449 Churches in populous Parishes and whereas another act was passed in the third Stat. 1 & 2 year of the reign of his late majesty King George the Fourth, intituled, 4 An Act to GuL- 4> c- 38. not fit to be deducted. This gentleman goes on, 'I did not deduct the salary and expenses of the clerk of the works, nor the cost of the iron railing, or of the hot-air stove, nor the fee of the architect, nor the painted window- guard, nor the advertisements ; for those items wera not included in the gross sum. T did not add them in my calculation of the ?ross cost of the chapel. Then I deducted, besides, the duty on the building materials, being part of the extras paid to Messrs. Bowden ; 36/. 8*. 8±d. for the brickwork to the iron railing; 29/. 4s. 4\d. for the brick- work to the hot-air stove; 1/. 14s. for rough oak, extra height of fence; 9/. for inclosing the chapel during the winter of 1829-30, and 17/. 10*. for an additional coat of paint, ren- dered necessary from the chapel having been finished in 1830, and not consecrated till 1833. The sum of 3y/. paid for the painted window I did not add. Of the whole sum of 3080/. 2s. 3d. paid to Messrs. Bowden, 357/. 2s. 3d. were extras, in which were in- cluded the items I have specified.' Now this witness, to the fourth interrogatory says, * I have no doubt that the erecting and fitting up of the chapel in question actually cost the late Mr.Wilberforce more than 3600/.' Now I have looked as minutely as I can into the various items, and to the principles of calcu- lation which this gentleman proceeded on, to see whether, according to any calculation I can make in conformity to the statute, I am able to reduce the amount of the actual cost of erecting and fitting up of the chapel to 3600/. ; and I have done so with reference to the statement of this witness, that the cost was only 3225/. " Mr. Wilberforce, (and it is a fact which is mainly relied upon by Mr. Williams,) in the month of April, 1831, was desirous of disposing of the chapel at Mill Hill to the patron of the parish, on the principle of a simple reimbursement to himself of the cost of the chapel and security for the same ; and it appears, from a letter from the secretary to the church commissioners, to the address of Mr. Williams, that a statement had been made by Mr. Wilberforce of the cost of the chapel, which statement is annexed to the letter, and is to the following effect : ' Cost of Mr. Wilberforce's chapel, at Mill Hill, as nearly as can just now be ascertained. Ac- count of Messrs. Bowden, the contractor, (it is doubtful whether or not 90/. of this amount still remains to be paid,) 3080/. 2s. 3d. Clerk of the works and other incidental expenses, 177/. 7*. Id. Account of Messrs. Can telow, plasterer, 560/. 16*. lOd. Mr. Smalley, iron railing, 80/. Hot-air stove, 56/. Architect, &c, 170/. Painted window-guard, adver- tisements, &c, &c, 12/. 4*. Altar window fittings, (I am not clear of the particulars of this amount,) 39/. 12*. 6d.' The whole is 4176/. 2*. Sd. Then there are blanks for 4 furniture and fittings,' and for ' law charges.' It is then added : 'I am told that it is expected there are to be more payments, amounting from 350/. to 400/. or even 500/. additional. It is expected there will be a repayment of the amount of duties paid on bricks to the amount perhaps of 100/.; but these particulars may be supplied hereafter, if the general negociation proceeds.' Now I have not the least information before me of a date subsequent to that of this paper, as to whether any of these anticipated payments were made, or whether or not Mr. Wilber- force calculated upon the items stated here; and I cannot but think that it was incumbent on the party whose duty it was to make it appear that 3600/. was the whole amount of the cost of erecting and fitting up this chapel, to show that the sum actually paid by Mr. Wilberforce on account of the chapel did not exceed that sum ; or, at least, to show what was paid, and why some of the items should be considered as extras, and not to be in- cluded. I am also without any evidence as to what Mr. Wilberforce meant by other payments to the amount of 350/. or 400/., and even 500/. more. Looking to the items in this statement, as they are before me, they amount to 4176/. Which of these items, consistently with the act of parliament, should I be justified in rejecting ? ' Clerk of the works and other incidental expenses.' The words of the statute are, ' the original cost of erecting and fitting up.' I can only under- stand, unless the word 'cost' has received by law some different interpretation, that its meaning is, the actual cost incurred by the individual for erecting and fitting up the chapel ; and I am of opinion that one of these expenses must be that of the clerk of the works. But if I entertainnd any doubts upon this point, what am I to say to ' other incidental expenses' ? What other expenses ? And how are they to be excluded from the calculation? Then there is 'Architect, &c, 170/.' I am at a loss to understand why that should be excluded, or that for the hot- air stove. The window-guard, being orna- mental, might perhaps be excluded. But it appears to me that, if it be contended that any of these items are not fairly included in the calculation, the party is bound to point out what items, and on what principle they are to be excluded. I confess that the only attempt which has been made to do so, has been wholly unsatisfactory to my mind, al- though I acknowledge I have the strongest predisposition to come to an opposite conclu- sion, if the law would allow me. Because, when I see what has been the extent of the expenditure by Mr. Wilberforce, and the great advantage to the public which has been afforded by the erection of this chapel, in the parish of Hendon, I feel disposed, to the ut- most extent to which the law allowed me, to sustain the right of nomination. But I am bound to put the real construction upon the act of parliament, whatever may be the con- sequences to the party ; for I am aware of nothing more injurious than to attempt to fit the limits of an act of parliament to the cir- cumstances of a particular case. I am com- pelled, therefore, to conclude, that the act of 1450 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 38. 3 Geo. 4, c. 72. 5Geo.4,c.l03. 7 & 8 Geo. c. 72. amend and render more effectual two Acts passed in the fifty-eighth and fifty- ninth years of His late Majesty, for building and promoting the building of addi- tional Churches in populous Parishes ;' and whereas another act was passed in the fifth year of the reign of his late majesty King George the Fourth, intituled, * An Act to make further Provision, and to amend and render more effectual three Acts, passed in the fifty-eighth and fifty-ninth years of His late Majesty and in the third year of His present Majesty, for building and promoting the building of additional Churches in populous Parishes ;' and whereas another act was passed in the seventh and eighth years of the reign of his late majesty, intituled, * An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes and whereas by the said recited act passed in the fifth year of the reign of his late majesty it was amongst other things enacted, that with a view to afford facility to the erection of churches and chapels it should be lawful parliament has not been complied with, ac- cording to the terms of it. " Then what are the effects ? The act of parliament goes on to say: 4 It shall be law- ful for the bishop of the diocese in which such parish or extra-parochial place is locally situate, if he shall see fit, and he is hereby authorized, to declare by writing under his hand and seal, that the right of nominating a minister to such church or chapel, when so built or purchased, and endowed, as afore- said, and when the conditions hereinbefore mentioned shall have been performed, shall for ever thereafter be in the person so build- ing, or purchasing, and endowing the same, his, her, or their heirs and assigns.' Then did the right of nomination vest, or was it forfeited ? I apprehend it is as clear as words can express it, that the performance of the conditions is a condition precedent to the vesting of the right of nomination. " In this view of the case, I am compelled to come to the next step, and to conclude that the right of nomination never vested in Mr. Wilberforce; and if so, it follows that the licence which was granted under a sup- position that the right of nomination did so vest, cannot be supported. Now the result which I have assumed leads me directly to the conclusion, according to my view of the case, that Mr. Brown is not at present legally entitled to perform the duty of a clergyman within the limits of the parish of Hendon. Two other objections remain to be disposed of : one is, that the room assigned for free seats is not sufficient. Looking to the whole of the evidence in the case, it appears to me, that this objection could not be sustained. The total dimensions of the chapel are 609 feet, of which 252 feet are assigned to free seats : so that there appears to be sufficient to satisfy the requisites of the act. But an objection has been taken, that part of the free seats are in the gallery, and that the gallery is appropriated to the children of the national school. Now I have looked into all the measurements of the architects, and into the different modes of estimate, and I think I may take it thus : that two children occupy the room of one grown person. I am of opinion with reference to this mode, that sufficient room for free seats has been set apart in the chapel; and I am very clearly of opinion, that it is a sufficient fulfilment of the act of parliament, to set apart a space which shall include the accommodation for children; for I can never go the length of saying, that under this act of parliament, the whole of the accommodation as free seats must be for adult persons. The children of the poor are as much entitled as grown-up persons to have accommodation for attending divine service, and I consider this objection not supported. The court has then only to consider the re- maining objection as to the mode in which the nomination was made. I am of opinion, that I am not called upon to consider that question. I think if the right of nomination had vested in Mr. Wilberforce, it would not have been necessary for me to consider, whe- ther the form of the nomination had been precisely consistent with regularity or not. This is not the substantial question before the court. " Looking at all the circumstances of the case, I am compelled to come to the conclu- sion, that as far as I am enabled to form a judgment of the true construction of the act of parliament, and of the evidence, the pro- visions of the act have not been complied with ; that a compliance with the provisions of the act is a condition precedent to the vesting of the right of nomination ; and the right not having vested, the licence granted under a supposition that the right had vested, cannot be supported. " I wish it to be distinctly understood, that I impute no blame to any of the parties what- ever. I have no doubt of the bona fides, and of the intention of all to fulfil the terms of the act of parliament ; but I must say that it is most unfortunate, that where the con- ditions of an act of parliament are so clear and explicit, and where a reference to the act of parliament might have enabled the indivi- duals to have understood its directions and conditions, and to have complied with them literally, instead of that, reference was made not to the architect of the chapel, but to an- other individual who could give no informa- tion to the other party, who had no know- ledge of the circumstances; and that a com- putation should have been made, not with reference to the actual cost of the building and fitting up of the chapel, the only crite- rion prescribed by the act of parliament. On these grounds I am under the necessity of coming to the conclusion, that the articles have been proved. It is clear that this is a case in which I should not think of giving costs on either side." STATUTA GULIELMI IV. A.D. 1830-1837. 1451 for certain persons building or purchasing the same, and endowing them with pew rents, to nominate for forty years spiritual persons to serve such churches or chapels respectively, subject to the consent of the bishop of the diocese, and to certain regulations therein provided ; and whereas by the said recited act passed in the seventh and eighth years of the reign of his late majesty further encouragement was given to the same object by authorizing his majesty's commissioners for building new churches to declare that any person or persons building a chapel, and endowing the same to the satisfaction of the said commissioners, with some per- manent provision in land or monies in the funds, should have the perpetual right of nominating the minister to serve the same ; and whereas the said provisions of the said last-recited act have been found insufficient for such their purposes, and require amendment, in order to provide more effectually for the improved pastoral superintendence of his majesty's subjects; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the said recited act passed in the seventh and eighth years of the reign of his late majesty as authorizes the said commis- sioners to declare, in the cases therein provided, the right of nominating the spiri- tual persons to serve the chapels therein named respectively to be in the person or persons building and endowing the same, his, her, or their heirs and assigns or appointees, shall be and the same is hereby repealed. "II. And be it enacted, that in all parishes and extra-parochial places the population of which, according to the returns then last made in pursuance of any act or acts of parliament, shall amount to two thousand persons, and in which the existing churches or chapels do not afford accommodation for more than one-third of the inhabitants for the attendance upon divine service according to the rites of the united church of England and Ireland, and also in all parishes and extra-paro- chial places in which three hundred persons, whatever may be the amount of the whole population, shall be resident upwards of two miles from any such existing church or chapel, and within one mile of the site upon which a new church or chapel is proposed to be erected under the provisions of this act, and where any person or persons belonging to the church of England shall declare his, her, or their intention of building a church or chapel, or of purchasing any building fit in all respects to be used as a church or chapel, for the performance of divine service as aforesaid, or where a church or chapel has already been built on the faith of the said recited act of the seventh and eighth years of the reign of King George the Fourth, in such a situation within the said parish or place as shall be adapted to the convenience of that part of the inhabitants for whom such additional accommodation is necessary, and where such person or persons shall declare their intention of providing a sum of one thousand pounds at the least by way of endowment for such church or chapel, to be secured upon lands or money in the funds, in addition to the pew-rents and profits arising from the said church or chapel, in case any such rents shall be taken, and shall also declare his, her, or their intention of providing a fund for the repairs of the said church or chapel, in manner following, (namely,) one sum, equal in amount to five pounds upon every one hundred pounds of the original cost of erecting and fitting up or of purchasing such chapel or building, to be secured upon lands or money in the funds as afore- said, and also a further sum to be reserved annually out of the pew-rents of the said church or chapel, after the rate of five pounds for every one hundred pounds of the sum so to be provided as last aforesaid, and also if such person or persons shall fur- ther declare his, her, or their intention of setting apart or appropriating one third at least of the sittings in such church or chapel to be and continue for ever as free sittings, it shall be lawful for the bishop of the diocese in which such parish or extra-parochial place is locally situate, if he shall see fit, and he is hereby author- ized, to declare by writing under his hand and seal that the right of nominating a minister to such church or chapel, when so built or purchased and endowed as aforesaid, and when the conditions hereinbefore mentioned shall have been per- formed, shall for ever thereafter be in the person or persons so building or purchas- Stat. 1 & 2 Gul. 4, c. 38. So much of 7 & 8 Geo. 4, c. 72, as au- thorizes the commissioners in certain cases to declare the right of nominating, repealed. In parishes where the population amounts to 2000, and the churches do not afford accommoda- tion, or where 300 persons reside more than two miles from the church, if any person shall declare his intention of building a church or chapel, accord- ing to the conditions herein men- tioned, the bishop may declare the right of nomi- nating to be in such person or his trustees. 1452 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 38. In case of failure of appointment of trustees. Limiting the patronage in New church not to be within two miles of exist- ing church. Previous to nomination, a certificate of the facts to be produced to the bishop. Pews may be let. In all other cases where a church or chapel has ing and endowing the same, his, her, or their heirs and assigns, and in such trustee or trustees, being members of the united church of England and Ireland, as he, she, or they shall appoint, and in such future trustee or trustees, being members of the united church of England and Ireland, as shall from time to time be nominated by writing under the hand or hands of the trustees or trustee for the time being of the said church or chapel, or the major part of them, or chosen in such manner as may in the first instance be agreed upon by the persons building and endowing such church or chapel, or the major part of them, and the bishop of the diocese, in writ- ing under their hands and seals, in the place and stead of any one or more who shall from time to time die, resign, or become incapable of acting, or in such eccle- siastical person or body corporate, and his or their successors, as the persons so applying shall at the time of application to the bishop nominate and appoint : pro- vided always, that if it should happen that all the trustees of the said church or chapel for the time being should die without having appointed any other trustee or trustees as their successors, then and in such case it shall be lawful for the incum- bent for the time being of the said church or chapel, with consent of the bishop of the diocese, to appoint a requisite number of the trustees to supply the vacancies ; and provided also, that the patronage of any such church or chapel shall not at any time be vested in or held in trust by more than five persons, except in cases where such patronage shall pass by descent to coparceners, or by the custom of gavelkind to more than five, or shall be conveyed by will or deed to more than five children, grandchildren, nephews, or nieces of the grantor or devisor : provided also, that no church or chapel built for the accommodation of three hundred persons resident upwards of two miles from the existing parochial church or chapel shall be placed nearer than two miles from such existing church or chapel. " III. Provided also, and be it further enacted, that previous to any bishop making such declaration of the right of nomination as aforesaid, there shall be pro- duced to him a certificate, signed by an architect or surveyor, and attested by two or more respectable householders in the parish, to the effect that the existing churches or chapels do not afford, by actual admeasurement, accommodation for more than one third of the inhabitants ; or a certificate, signed by three or more respectable householders in the parish, that there are in such parish or extra-paro- chial place three hundred persons resident upwards of two miles from any such existing church or chapel, and within one mile of the site upon which a new church or chapel is intended to be built under the provisions of this act. " IV. And be it further enacted, that the pews or sittings in such church or chapel shall be let by the churchwardens or chapel wardens, or by some person appointed by the trustees or person or persons building and endowing the same, to act in that behalf, according to a scale of pew rents fixed by the trustees or such person or persons as aforesaid, and approved of by the bishop, which scale it shall be lawful for the trustees or such person or persons as aforesaid, with consent of the bishop, to alter from time to time as occasion may require : provided always, that all such pews as shall not be taken at the rent respectively fixed thereon, within fourteen days after the commencement of the ensuing year, shall in every such case be let to any inhabitant of any adjoining parishes, or places in which there shall not be sufficient accommodation in the churches and chapels of the parish or place for the inhabitants thereof, at the rent respectively so affixed upon such pews, for any term not exceeding the end of the year, and at the expiration of the year, and also of every succeeding year in which any such pews shall be rented by inhabitants of any adjoining parishes, such pews shall be inserted in the list of vacant pews, to be taken in preference by the inhabitants of the parish or place to which the church or chapel shall belong ; and all such pews as may not be so taken by any inhabitants of the parish or place may again be let, and so on from year to year, to any inhabitants of any ad joining parish or place. " V. And be it further enacted, that in all other cases not hereinbefore provided for, in which any person or persons shall have already endowed, with the sanction of the said commissioners, or shall endow or declare their intention of endowing, to the satisfaction of the said commissioners, any church or chapel built or intended STATUTA GULIELMI IV. A.D. 1830—1837. 1453 to be built by such person or persons, with some permanent provision in land, or in money charged upon land, or money in the funds, exclusively of and in addition to the pew rents or profits arising from the said church or chapel, in case any such rents should be taken, and also of providing a sufficient fund for the repairs of the said church or chapel, it shall be lawful for the said commissioners, with the con- sent of the bishop of the diocese, if under all the circumstances it shall appear to them fit and proper so to do, to declare, that after certain conditions hereinafter mentioned are performed or shall have been already satisfied, the right of nominat- ing a minister to such church or chapel shall for ever thereafter be in the person or persons building and endowing or having built and endowed the same, his, her, or their heirs and assigns, or in such person or persons, ecclesiastical person or body corporate, and his or their successors, as he, she, or they shall appoint ; and in case such church or chapel shall have been or shall be built by subscription, then in such person or persons, their heirs or assigns, or in such ecclesiastical person or body corporate, and his and their successors, as the major part in value of such subscribers shall, at the time of the application to the commissioners, nominate or appoint : provided always, that the patronage of any such church or chapel shall at no time be vested in or held in trust for more than five persons, except in cases where the said commissioners shall have already sanctioned a larger number of trustees, or such patronage shall pass by descent to coparceners, or by the custom of gavelkind to more than five, or shall be conveyed by will or deed to more than five children, grandchildren, nephews, or nieces of the grantor or devisor. " VI. Provided always, and be it further enacted, that previous to such decla- ration of the right of nomination as aforesaid being made by the said commis- sioners, application in writing shall be made to the said commissioners, setting forth the population of the parish in which such church or chapel is built or proposed to be built, together with the accommodation provided in the several churches or chapels built or building or intended to be built within such parish, together with the population of the district for which such church or chapel is intended to provide, and the accommodation proposed to be provided in such church or chapel, and its distance from the existing churches or chapels in the parish ; and that copies of such application shall, in every such case, be sent by the said commissioners to the patron and incumbent respectively of the pans! , chapelry, township, or extra-parochial place in which such church or ch p 1 is built or intended to be buiit, in order to afford such patron and incumbent the opportunity of laying before the said commissioners any statement relating thereto, and the said commissioners shall not declare, or signify their intention of declaring, such right of nomination as aforesaid, until after the expiration of three calendar months from the time when they shall have sent such copies to such patron and incumbent respectively, except in those cases where the said commissioners shall before the passing of this act have already expressed their satisfaction with the endowments proposed, and their willingness to accede to the conditions proposed, and such church or chapel shall have been built or be now building in pursuance tiie^eof. " VII. And be it further enacted, that in all cases whatsoever under this act, any person or persons intending to build or purchase and endow any such church, chapel, or building as aforesaid, in any such parish as aforesaid, shall, in the first place, cause to be served upon the patron or patrons and incumbent of such parish a notice in writing of such intention, which notice shall specify the various parti- culars hereinbefore mentioned, and shall also state the number of persons intended to be accommodated in such church or chapel, and the amount of money intended to be laid out in the building or purchasing thereof ; and in case such patron or patrons shall, within two calendar months after being served with such notice as aforesaid, bind him, her, or themselves, by bond or other sufficient security, to the said commissioners in such cases as shall come before them, and to the bishop of the diocese in all other cases, that he, she, or they shall within two years there- after build or purchase, and completely finish and endow, an additional church or chapel in such parish, to the satisfaction of the bishop of the diocese, and that he, Stat. 1 & 2 Gul. 4, c. 38. been built and endowed to the satisfaction of the com- missioners, they may, with consent of the bishop, declare the right of nominating to be in the person so building and endowing. Limitation as to the number of persons in whom the patronage shall vest. Application required to be made to com- missioners previous to their declaring the right of nomination. Copies of such application to be sent to the patron and incumbent cf the parish. Persons in- tending to build and endow to give notice to the patron and incumbent, stating par- ticulars. If the patron within two months after such notice shall bind himself to build aiul endow to the 1454 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 38. satisfaction of the bishop of the diocese, he shall be pre- ferred. Preference to be given to enlargement of cburches in certain cases. As soon as churches or chapels are finished and consecrated, the right of nomination to be vested in the persons building and endowing. she, or they shall also comply with, and perform all and singular the conditions hereinbefore mentioned, then and in such case such patron or patrons shall be pre- ferred to any other person or persons so intending to build or purchase such addi- tional church or chapel as aforesaid : provided always, that no declaration of the right of nominating a minister to any church or chapel built and endowed under the provisions of this act shall in any case take effect until such church or chapel shall have been duly consecrated : provided always, that in case any such church or chapel has been or shall hereafter be built or endowed by subscription, the application to the bishop or commissioners of the major part in value of the sub- scribers shall be deemed and taken to be the application of the party building or endowing the same : provided always, that the churches or chapels already built and completed on the faith of the said recited act of the seventh and eighth years of the reign of King George the Fourth be excepted as to the two months' notice, such notice having already been given to his majesty's said board of commissioners and incumbents when such churches or chapels were built. " VIII. And be it further enacted, that where there is a population of not less than one thousand persons in any parish, district parish, district chapelry, or extra- parochial place within two miles from an existing church, if there be any person or persons who shall he desirous of enlarging the church accommodation therein, and who shall, with the consent of the select vestry or persons exercising the powers of vestry in such parish, signify such their intention to the bishop of the diocese, or to the said commissioners, as the case may be, and shall also bind them- selves in a bond or other sufficient security to the said bishop, or to the said com- missioners, as the case may be, that they will within two years from the date of declaring such their intention as aforesaid enlarge the existing church so as to add one fourth to its then existing church accommodation, so that more than one third of the parishioners shall be accommodated, then and in all such cases such persons, having complied with such conditions as aforesaid, shall be preferred to any person or persons proposing to build and endow any new chapel in such parish or extra- parochial place under the provisions of this act : provided always, that plans for the enlargement of such existing church shall in all cases be prepared, and before the commencement of such enlargement shall be laid before the bishop of the diocese, or the said commissioners, as the case may be, for his or their approbation thereof ; and that a certificate from an architect employed therein, as to the due execution of such plans, shall in every case be sent to the said bishop, or to the said commis- sioners, as the case may be, on the completion of the enlargement of such church. " IX. And be it further enacted, that as soon as conveniently may be after any such church or chapel as aforesaid shall have been so built or purchased and endowed as aforesaid, and completely furnished and fitted up for the performance of divine service, and the other conditions hereinbefore mentioned shall have been performed, and the said church or chapel shall have been consecrated, the right of nominating a minister to the same, and also the land, ground, and site whereon the same shall be built, with the cemetery thereto belonging, if any, which land, ground, and site shall be specified and described in the sentence of consecration of the church or chapel, shall be and are hereby declared to be for ever vested in the person or per- sons building or purchasing and endowing the said church or chapel, his, her, or their heirs and assigns, or in such trustee or trustees, or ecclesiastical person or body corporate, as are hereinbefore mentioned, by such name and style as shall be specified in the sentence of consecration of the church or chapel ; and such right of nomination shall and may be exercised without requiring the consent of the patron or incumbent of the parish or district in which such chapel shall be built, and notwithstanding no compensation shall have been made to them or either of them, without prejudice however to the fees hereinafter mentioned; and such right of nomination, when vested in more than two persons, shall in all cases be exercised by the majority ; and the person or persons in whom the said right of nomination, and the said land, ground, and site, shall be so vested, shall in every such case have perpetual succession in the name and style specified in the sentence of consecration, and shall hold the said right of nomination, and also the said lands, STATUTA GULIELM1 IV. A.D. 1830—1837. 1455 grounds, and sites so vested in them, as bodies corporate, by such name and style, without incurring or being subjected to any of the penalties or forfeitures of the Statute of Mortmain, or of any other law or statute whatsoever, to the use, intent, and purpose that every such church or chapel, with the cemetery to the same, if any, shall, when consecrated, be for ever thereafter set apart and dedicated to the service of Almighty God, as a place of divine worship according to the liturgy and usages of the united church of England and Ireland as by law established. " X. And be it further enacted, that the said commissioners, with consent of the bishop of the diocese, in all such cases as shall come before them, and the bishop of the diocese alone in all such other cases as are hereinbefore mentioned, and also with the consent of the patron and incumbent in all other cases in which additional churches or chapels shall have been already built and endowed, shall, with all convenient speed, proceed to assign a particular district to every such church or chapel, except where from special circumstances they shall deem it not advisable to assign a district, and such district shall be under the immediate care of the minister who shall have been duly licensed to serve such church or chapel, so far only as regards the visitation of the sick and other pastoral duties, and shall not be deemed a district for any other purpose whatsoever : provided always, that it shall be lawful for the said commissioners, with the consent of the bishop of the diocese, in all such cases as shall come before the said commissioners, and for the said bishop alone in all other cases, to determine whether baptisms, churchings, or burials shall be solemnized or performed in any such church or chapel, or not ; and the said commissioners or bishop respectively, as the case may be, shall cause a description of the boundaries of the district assigned by them to such church or chapel to be registered in the registry of the bishop of the diocese, and shall also cause their order and direction in writing, as to all offices to be performed in any such church or chapel, to be registered in the registry of the diocese. '* XI. Provided always, and be it enacted, that in cases where the district to be provided for any church or chapel erected or to be erected shall extend into more parishes than one, all the conditions hereby directed to be complied with shall be observed with respect to the patrons and incumbents of each parish any part of which shall be comprised in such district, and the patron or patrons, incumbent or incumbents, of each such parish, shall be entitled to such and the same notices, and such and the same rights and privileges, as if such district were solely situate in one only of such parishes. " XII. And be it further enacted, that every such church or chapel to which such particular district has been assigned as aforesaid shall be deemed a perpetual curacy, and shall be considered in law as a benefice presentative, so far only as that the licence thereto shall operate in the same manner as institution to any such benefice, and shall render voidable other livings in like manner as institution to any such benefice ; and the spiritual person serving the same shall be deemed the incumbent thereof ; and such incumbents shall have perpetual succession, and shall be and are hereby declared to be bodies politic and corporate, and may receive and take such endowments in lands or tithes, or both, or any such augmentation, as shall be granted to them or their successors ; and all such incumbents, and all per- sons presenting or appointing any such incumbents, shall respectively be subject to all jurisdictions and laws, ecclesiastical or common, and to all provisions, regula- tions, penalties, and forfeitures contained in any acts of parliament in force relating thereto respectively; and in case of any failure or neglect in not presenting or nominating any such incumbent for the space of six months, such presentation or appointment shall thereupon lapse, as in cases of actual benefices ; and all churches or chapels built or appropriated under the provisions of this act shall be subject to the jurisdiction of the bishop of the diocese and the archdeacon of the archdeaconry within which the same shall be locally situated. \ " XIII. And be it further enacted, that no such church or chapel to which a particular district has been assigned as aforesaid shall be tenable or holden with the original church of the parish, chapelry, or place in which such church or chapel has been built, or with any other benefice having cure of souls : provided always, Stat. 1 & 2 Gul. 4, c. 38. Commissioners or bishop may assign a dis- trict to every church, and determine the offices to be performed therein. Boundaries of the district to be registered. Provision in cases where districts extend beyond one parish. Churches or chapels to be perpetual curacies. Powers and duties of per sons serving the same. Jurisdiction. District churches not to be held with the original. 145G STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 38. The laws relating to baptisms, burials, &c. to apply to the churches here- by authorized to perform them. To whom copies of applications shall be sent, in case the patronage of any place shall be in the crown. Churchwar- dens to be appointed. that no person holding any benefice shall be exempt from residence upon such benefice in respect of any duty which he may perform in any such church or chapel to which no district shall have been assigned as aforesaid. " XIV. And be it further enacted, that where the said commissioners or bishop of the diocese respectively, as the case may be, shall have determined that bap- tisms, churchings, or burials shall be solemnized or performed in any such churches or chapels, all acts of parliament, laws, and customs relating to the performance of such offices of the church shall apply to such churches or chapels as to the perform- ance of such offices respectively : provided always, that all fees, dues, offerings, and other emoluments, which of right or custom belong to the incumbent or clerk of any parish, chapelry, or place in which such church or chapel shall have been or shall be erected, shall be received by or for and on account of such incumbent and clerk respectively, and be paid over to them, anything in the said recited acts con- tained to the contrary notwithstanding, except such portion of the said fees, dues, offerings, or other emoluments as the said commissioners, with the consents of the bishop of the diocese, the patron, and the said incumbent respectively, in those cases which shall come before the said commissioners, by order under their common seal, or the bishop of the diocese alone, with the consent of the patron and incum- bent, in all such other cases as hereinbefore mentioned, by order under his hand and seal, shall assign to the minister of such church or chapel ; and every such instrument of assignment shall be registered in the registry of the bishop of the diocese within which such church or chapel shall be locally situated. u XV. Provided always, that where the patronage of any living or benefice of any parish, chapelry, or place as aforesaid shall be in the crown, and such living or benefice shall be above the yearly value of twenty pounds in the king's books, a copy of the application made to the said commissioners as aforesaid shall in every such case be sent to the lord high treasurer or first lord commissioner of the treasury for the time being, instead of being sent to the patron of such living or benefice, as hereinbefore directed; and that if such living or benefice shall not exceed the value of twenty pounds yearly in the king's books, a copy of the appli- cation as aforesaid shall in every such case be sent to the lord high chancellor, lord keeper or commissioners of the great seal, for the time being ; and that if such living or benefice shall be within the patronage of the crown in right of the duchy of Lancaster, then and in every such case a copy of the application as aforesaid shall be sent to the chancellor of the duchy for the time being, instead of being sent to the patron of such living or benefice, as hereinbefore directed ; and the sending a copy of such application to the said party or parties, as the circumstances may be, shall be as effectual for the purposes of this act in all such cases, as if the same had been sent to the patron of such living or benefice : provided also, that in all cases respecting the building, endowment, or disposition of the patronage of any church or chapel heretofore built or hereafter to be built, where the patronage of the living or benefice in which such church or chapel is or shall be situate is in the crown, it shall and may be lawful for the lord high treasurer or first lord commis- missioner of the treasury for the time being (if such living or benefice shall exceed the value of twenty pounds yearly in the king's books), and for the lord high chancellor, lord keeper or commissioner of the great seal for the time being (if such living or benefice shall not exceed the value of twenty pounds yearly in the king's books), to give such consent by any instrument under his or their hand and seal or hands and seals, on behalf of the crown, and such consent shall be as bind- ing and effectual to all intents and purposes as if given by the crown itself. "XVI. And be it further enacted, that two fit and proper persons shall be appointed to act as churchwardens for every church or chapel built or appropriated under the provisions of this act, at the usual period of appointing parish officers in every year, and shall be chosen, one by the incumbent of the church or chapel for the time being, and the other by the renters of pews in such church or chapel ; and the two persons, when so elected churchwardens, shall appear, and be admitted and sworn according to law, and shall collect and receive the rents of the seats and pews, and pay over the residue thereof which shall remain after the annual reserv- STATUTA GULIELMI IV. A.D. 1830—1837. 1457 ation aforesaid for repairs, and after paying the salary of the clerk, beadles, pew openers, and other expenses incident to the performance of divine service, to the minister of the said church or chapel, to be taken by the said minister to and for his own use by way of stipend, in addition to the yearly interest or dividends Which shall arise from the landed or funded endowment hereinbefore mentioned ; and the said churchwardens shall also do, perform, and execute all lawful acts, matters, and things necessary and requisite for and concerning the repairs, manage- ment, good order, and decency of behaviour to be kept and observed in the church or chapel by the congregation thereof; and the persons so to be appointed or chosen churchwardens shall continue in their said office until others shall be chosen in like manner in their stead ; and all the persons so chosen churchwardens are hereby authorized and empowered, in case of nonpayment of the rents of the seats and pews of the church or chapel for which they shall be appointed, to enter upon and sell the same, or else to sue for and recover the same by action or actions for such rents, in the names of 6 The Churchwardens of the Church or Chapel of (describing the same), as the case shall or may require, without specifying the christian or surname of such churchwardens ; and no such action shall abate by reason of the death or removal or going out of office of any such churchwarden. " XVII. And be it further enacted, that from and after the expiration of five years after the transfer or conveyance of any messuages, lands, grounds, tenements, or hereditaments to any person or persons, as a site for any church or chapel, or any church or chapel yard or cemetery, under the provisions of this act, the said messuages, lands, grounds, tenements, or hereditaments shall become and be and remain absolutely vested in the person or persons to whom the same are conveyed, his, her, or their heirs and assigns ; provided that any person to whom any mes- suages, lands, grounds, tenements, or hereditaments shall have been conveyed for the purposes of this act shall, within two months after any judgment in ejectment shall have been obtained against him for such messuages, lands, grounds, tenements, or hereditaments, tender or pay to the lessor of the plaintiff in such ejectment his costs on such ejectment, and such sum of money as a jury shall in the manner hereinafter mentioned find to have been the value of the said messuages, lands, grounds, tenements, or hereditaments, at the time when such messuages, lands, grounds, tenements, or hereditaments were conveyed for the purposes of this act. " XVIII. And be it further enacted, that the jury who shall try any ejectment brought for the recovery of any messuages, lands, grounds, tenements, or heredita- ments which have been conveyed for the purposes of this act, or if judgment on ejectment shall have been obtained by default, or for not confessing lease, entry, and ouster, a jury under a writ of inquiry (which writ of inquiry the court, in which s ich action shall be brought is hereby empowered to issue) shall ascertain the value of such messuages, lands, grounds, tenements, or hereditaments at the time when they were conveyed for the purposes of this act ; and the value so found shall be indorsed by the judge who tried the ejectment on the postea, or shall be returned to the court by the sheriff or under sheriff or other person before whom any writ of inquiry shall be executed under this act, in the same manner as other inquests are returned on writs of inquiry. " XIX. And be it further enacted, that the common seal of the said commis- sioners shall be affixed to every instrument declaring the right of nomination to such church or chapel, in all such cases as shall come before the said commis- sioners ; and that every instrument shall be registered in the registry of the bishop of the diocese within which such church or chapel shall be locally situated. " XX. And be it further enacted, that where any deed or deeds shall have been sealed before the passing of this act with the seal of the said commissioners, for the purpose of declaring the right of nominating a minister to any chapel or chapels endowed to the satisfaction of the said commissioners, every such chapel shall be deemed to have been lawfully built, and every such deed shall be deemed and the same is hereby declared to be and to have been from the day of the date thereot valid for the purpose of declaring and vesting the right of nominating the minister to such chapel, and for effectuating the other objects of the said deed. 5 A Sta7. 1 & 2 Gul. 4, c. 38. Property con- veyed for the site of any church under this act not to be subject to question after five years. The jury who shall try any ejectment, or a jury under a writ of inquiry, shall ascertain the value of the premises. Nominations to be sealed and registered. Declaring the validity of deeds sealed before the passing of this act. 1458 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul, 4. c. 38. Powers of act 59 Geo. 3, extended to persons sub- scribing towards pur- chasing sites for churches or chapels. Churches may be subjected to provisions of recited acts as to pews. If any person is willing to endow a chapel of ease, it may be separated from the parish church, and made a distinct parish. As to the future right of no- mination to such chapel. Churchwar- dens to be chosen for such new parish. " XXI. And whereas the said commissioners acting under the powers of the said recited act of the fifty-ninth year of the reign of King George the Third have executed deeds or instruments for the purpose of discharging subscribers towards building churches or chapels, and also subscribers towards purchasing sites on which churches or chapels have been built, from the payment of pew rents in such churches or chapels : and whereas doubts have arisen whether the powers of the said act extend to cases of persons subscribing towards purchasing sites for churches or chapels ; be it enacted, that it shall be lawful for the said commis- sioners, in any case in which they shall deem it expedient, to make and execute any deed or instrument, or to confirm any deed or instrument already made by them, discharging any person or persons subscribing towards either of the purposes aforesaid, either wholly or in part, from the payment of pew rents in the said church or chapel for the term or period and in the manner in the said act men- tioned ; and all such deeds or instruments, whether hereafter to be made or already made, and afterwards confirmed in pursuance of the power hereby given, shall, as from the date and execution of such deed or instrument, be good and valid to all intents and purposes whatsoever ; anything in the said recited acts or any of them to the contrary notwithstanding. " XXII. And be it further enacted, that it shall be lawful for the said commis- sioners, if they shall think fit, in all such cases as shall come before the said commissioners, to order and direct that such church or chapel shall be subject to all the provisions of the said recited acts or this act as to apportionment of accom- modation in pews and free sittings, and as to pew rents. " XXIII. And whereas in certain parishes of large extent there exist chapels of ease at a considerable distance from the parish church, having chapelries, town- ships, or districts belonging or supposed to belong thereto ; be it therefore enacted, that when any person or persons shall be willing to endow any such chapel with such a provision, secured upon land, money in the funds, tithes, or other heredita- ments, as shall in the opinion of the bishop of the diocese be sufficient to ensure a competent stipend to the minister of such chapel, it shall be lawful for the bishop, with the consent of the patron and incumbent of the parish, by writing under his hand and seal, to declare that such chapel, when so endowed, shall thenceforth be separate from and independent of the parish church, and that the chapelry, town- ship, or district belonging or supposed to belong thereto, shall be thenceforth a separate and distinct parish for all spiritual purposes. " XXIV. And be it further enacted, that it shall be lawful for the patron, with consent of the incumbent, to make any agreement with the bishop of the diocese touching the future right of nominating a minister to such chapel, such agreement in writing to be signed and sealed by the bishop, patron, and incumbent ; and that the right of nominating a minister to such chapel shall for ever thereafter be exer- cised according to the terms of such agreement ; provided always, that if the incum- bent of any parish wherein such chapel of ease is situate shall refuse his consent to such separation or agreement, then the declaration of separation, and the deed of agreement touching the right of nominating a minister to such chapel, when signed and sealed by the bishop and patron, shall be good and valid in law, and shall take effect immediately after the next avoidance of the parish church, and not before ; and every declaration of separation, and every deed of agreement, made under the provisions of this act, shall be registered in the registry of the diocese. "XXV. And be it further enacted, that two fit and proper persons shall be chosen yearly at the usual time of choosing parish officers, out of the inhabitants of such new parish so constituted, being members of the established church, to act as churchwardens of the said parish, one to be chosen by the minister, and one by the persons exercising the powers of vestry in the said new parish ; and the persons so chosen shall be duly admitted and sworn, and shall do all things pertaining to the office of churchwardens, as to ecclesiastical matters, in the said new parish, in like manner as though the same had been of old time a separate and distinct parish. STATUTA GULIELMI IV. A.D. 1830-1837. 1459 « XXVI. And be it further enacted, that in all cases wherein the consent of the patron is required, under the provisions of this act, or of any of the acts here- inbefore recited, the consent of bishops, deans, and chapters, or other ecclesiastical corporations or colleges, acting as patrons of benefices in right of their bishopries, dignities, or corporate capacities, shall be as good and valid, for all the purposes of the said acts, as though such consent had been given by a patron in fee simple. . . " XXVII. And be it further enacted, that nothing in this act contained shall extend or be construed to extend to repeal, alter, vary, or affect any powers, autho- rities, clauses, or provisions contained in any act or acts passed relating to any par- ticular parish or place, so far as relates to any church or chapel already built, unless with the consent of the patron and incumbent and of the select vestry or persons exercising the powers of vestry in such parish or place, or contained in any deed or deeds of trust executed under the sanction of the bishop of any diocese, for the regulation of any church or chapel already built. " XXVIII. And be it further enacted, that all the provisions of this act shall extend and be construed to extend to the Isle of Man, and to the islands of Guern- sey, Jersey, Alderney, and Sark." Stat. 1 & 2 Gul. 4, c. 38. Consent of patrons. Act not to affect any local act with respect to churches already built, unless with the consent of the patron. Act to extend to the Isle of Man, &c. XVIII. Stat. 1 & 2 Gulielmi 4, c. 45(1). A.D. 1831. SrAT. 1 & 2 "An Act to extend the Provisions of an Act passed in the twenty-ninth year of the UL' ' c* Reign of His Majesty King Charles tlie Second(2), intituled, An Act for con- firming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies; and for other Purposes." " Whereas by an act passed in the twenty-ninth year of the reign of his late majesty King Charles the Second, intituled, ' An Act for confirming and perpetu- 29 Car. 2, c. 8. ating Augmentations made by Ecclesiastical Persons to small Vicarages and Cura- cies,' it was amongst other things enacted, that all and every augmentation, of what nature soever, granted, reserved, or agreed to be made payable, or intended to be granted, reserved, or made payable, since the first day of June in the twelfth year of his said majesty's reign, or which should at any time thereafter be granted, reserved, or made payable to any vicar or curate, or reserved by way of increase of rent to the lessors, but intended to be to or for the use or benefit of any vicar or curate, by any archbishop, bishop, dean, provost, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, so making the said reservation out of any rectory impropriate or portion of tithes belonging to any archbishop, bishop, dean, provost, dean and chapter, or other ecclesiastical corporation, person or persons, should be deemed and adjudged to con- tinue, and be and should for ever thereafter continue and remain, as well during the continuance of the estate or term upon which the said augmentations were granted, reserved, or agreed to be made payable, as afterwards, in whose hands soever the said rectories or portions of tithes should be or come, which rectories or portions of tithes should be chargeable therewith, whether the same should be reserved again or not ; and the said vicars and curates respectively were thereby adjudged to be in the actual possession thereof for the use of themselves and their successors, and the same should for ever thereafter be taken, received, and enjoyed by the said vicars and curates, and their successors, as well during the continuance of the term or estate upon which the said augmentations were granted, reserved, or agreed to be made payable, as afterwards ; and the said vicars and curates should have remedy for the same, either by distress upon the rectories impropriate or portions of tithes charged therewith, or by action of debt against that person who ought to have paid the same, his executors or administrators, any disability in the person or persons, bodies politic or corporate so granting, or any disability or inca- (1) Vide Stat. 1 & 2 Vict. c. Stat. 3 & 4 Vict. c. 113, s. 76: 107, s. 14; and Stat. 4 & 5 Vict. c. 39, s. 26. (2) Ante 619. 5 A 2 1460 STATUTA GULTELMI IV. A.D. 1830-1837. Stat. 1 & 2 Gul. 4, c. 45. Provision in recited act limiting any augmentation, repealed. Explaining doubts as to portion of tithes, &c. Recited act to extend to aug- mentations by colleges and hospitals. The same sta- tute to extend to augmenta- tions made by spiritual per- sons, colleges, and hospitals, out of any here- ditaments, to any church or chapel being in their pa- tronage. pacity in the vicars or curates to wham or to or for whose use or benefit the same were granted or intended to be granted, the statue of mortmain, or any other law, custom, or other matter or thing whatsoever, to the contrary notwithstanding ; provided always, that no future augmentation should be confirmed by virtue of the said act which should exceed one moiety of the clear yearly value above all reprises of the rectory impropriate out of which the same should be granted or reserved ; and it was thereby also enacted, that if any question should thereafter arise con- cerning the validity of such grants, or any other matter or thing in that act men- tioned and contained, such favourable constructions, and such remedy, if need be, should be had and made for the benefit of the vicars and curates as theretofore had been had and made or might be had for other charitable uses upon the statutes for charitable uses ; and whereas it is expedient that the powers and provisions of the said act should be amended and enlarged ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said recited provision by which the amount of any augmentation is restricted and limited to one moiety of the clear yearly value above all reprises of the rectory impropriate out of which the same should be granted and reserved, shall, so far as relates to any augmentation which may be granted after the passing of this act, be and the same is hereby repealed. " II. And whereas doubts may arise by reason of the mention of the portion of tithes in the said recited act ; be it enacted, that the provisions of the said recited act shall extend to any augmentation to be made out of the tithes, although the same may not be a portion of tithes ; and further, that it shall be lawful, under the power given by the said recited act, to grant, reserve, or make payable any such augmentation as aforesaid to the incumbent of any church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise, (as the case may be,) whether such incumbent shall be a vicar or curate, or otherwise ; provided also, that no such augmentation shall be made payable to any other person whomsoever. " III. And be it further enacted, that in every case in which any augmentation shall at any time hereafter be granted, reserved, or made payable to the incumbent of any church or chapel, or reserved by way of increase of rent to the lessors, but intended to be to or for the use or benefit of any incumbent, by the master and fellows of any college, or the master or guardian of any hospital so making the said grant or reservation out of any rectory impropriate, or tithes, or portion of tithes belonging to the master and fellows of such college, or the master or guar- dian of such hospital, all the provisions hereinbefore recited and set forth, except the provision hereinbefore repealed, shall apply to such case in the same manner as if the same provisions, except as aforesaid, (with such alterations therein as the difference between the cases would require,) were herein expressly set forth and enacted with reference thereto; provided always, that every such augmentation shall be made to the incumbent of some church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portions of tithes shall arise (as the case may be). " IV. And be it further enacted, that in every case in which any augmenta- tion shall at any time hereafter be granted, reserved, or made payable to the incumbent of any church or chapel being in the patronage of the grantor or grantors, or lessor or lessors, or be reserved by way of increase of rent to the lessor or lessors, but intended to be to or for the use or benefit of any such incumbent, by any archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, or the master and fellows of any college, or the master or guardian of any hospital so making the said grant or reservation out of any lands, tenements, or other hereditaments belonging to such archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, or the master and fellows of such college, or the master or guardian of such hospital, all the provisions hereinbefore recited and set forth (except the provision hereinbefore repealed) shall STATUTA GULIKLMI IV. A.D. 1830—1837. 1461 apply to such case in the same manner as if the same provisions, except as afore- said, (with such alterations therein as the difference between the cases would require, ) were herein expressly set forth and enacted with reference thereto. " V. Provided also, and be it further enacted and declared, that every augment- ation which at any time hereafter shall be granted, reserved, or made payable, either under the power given by the said recited act, or under either of the powers hereinbefore contained, shall be in the form of an annual rent, and that the provi- sions of the said recited act, and the provisions hereinbefore contained, shall not apply to any other kind of augmentation whatsoever to be made after the passing of this act. "VI. And be it further enacted and declared, that where any such rectory impropriate, or tithes, or portion of tithes, or any such lands, tenements or other hereditaments as aforesaid, shall respectively be subject to any lease on which an annual rent shall be reserved or be payable to the person or persons or body politic making the augmentation, it shall be lawful, during the continuance of such lease, to exercise the power given by the said recited act, or either of the powers herein- before contained, (so far as the same shall apply,) by granting to the incumbent of the benefice intended to be augmented a part of the rent which shall be so reserved or made payable as aforesaid, and then and in every such case the same premises shall for ever, as well after the determination of such lease as during the continuance thereof, be chargeable to such incumbent, and his successors, with the augmentation which shall have been so granted to him as aforesaid ; and from and after such time as notice of the said grant shall be given to the person or persons entitled in possession under the said lease, and thenceforth during the continuance of the same, such incumbent, and his successors, shall have all the same powers for enforcing payment of such augmentation as the person or persons or body poli- tic by whom the augmentation shall have been granted might have had in that behalf in case no grant of the same had been made ; and after the determination of the said lease, the said incumbent, and his successors, shall have such remedy for enforcing payment of such augmentation as aforesaid as is provided by the said recited act with respect to augmentations granted, reserved, or made payable under the authority thereof. " VII. And be it further enacted, that where any such rectory impropriate, or tithes, or portion of tithes, lands, tenements, or other hereditaments as aforesaid, shall be subject to any lease for any term not exceeding twenty-one years or three lives, or (in the case of such houses as under the provisions of the act passed in the fourteenth year of the reign of her majesty Queen Elizabeth, intituled, < An Act for Continuation, Explanation, Perfecting, and Enlarging of divers Statutes,' may lawfully be leased for forty years,) not exceeding forty years, on which lease the most improved rent at the time of making the same shall not have been reserved, it shall be lawful at any time during the continuance of such lease to exercise the power .given by the said recited act, or either of the powers hereinbefore contained, by granting out of the said premises an augmentation, to take effect in possession after the expiration, surrender, or other determination of such lease, and then and in every such case the said premises shall, from and after the expiration, surrender, or other determination of the said lease, and for ever thereafter, be chargeable with the said augmentation ; and the provisions of the said recited act and of this act respectively shall in all respects apply to every augmentation which shall be so granted in the same manner as in other cases of augmentations to be granted under the powers of the said recited act or of this act. " VIII. And whereas it is apprehended that it may be desirable in many cases to make grants of augmentations in the manner last hereinbefore mentioned, and that such grants would be much discouraged if the augmentation to be granted should necessarily take effect in possession upon a surrender of the lease during which the same had been granted as aforesaid for the purpose of such lease being renewed ; be it therefore further enacted, that in any case in which an augmenta- tion shall have been granted to take effect in possession after the expiration, sur- render, or other determination of any lease in the manner authorized by the clause Stat. 1 & 2 Gul. 4, c. 45. All such aug- mentations to be in the form of annual rents. Where here- ditaments are in lease, a part of the reserved rent may be granted as an augmentation. Where here- ditaments are subject to a lease not re- serving a rack rent, an aug- mentation may be granted, to take effect on the deter- mination of such lease. Power in such cases to defer the commence- ment of the augmentation upon a renewal of the lease. 1462 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 45. Power to apportion aug- mentations on future leases. "Restriction on the exercise of the power of apportion- ment. Repeal of so much of recited act as requires an express continuance of the augmenta- tion in new Ecclesiastical corporations, colleges, &c. holding impro- priate rectories or tithes, may annex the same to any church or chapel within the patish in which the rectory lies or the tithes arise. Power to annex lands, &c. held hy them to any church or chapel under their patron- age. last hereinbefore contained, and a renewal of such lease shall take place before the expiration thereof, it shall be lawful in and by the renewed lease to defer the time from which such augmentation is to take effect in possession as aforesaid until any time to be therein specified in that behalf ; provided always, that the time to which the augmentation shall be so deferred shall be some time not exceeding twenty-one years, or (in the case of such houses as by the said act of her majesty Queen Elizabeth may lawfully be leased for forty years) not exceeding forty years, to be respectively computed from the commencement of the lease during which the augmentation shall have been granted. " IX. Provided always, and be it further enacted, that where any such aug- mentation as aforesaid shall have become chargeable, under or by virtue of the said recited act or of this act, upon any rectory impropriate, tithes, portion of tithes, lands, tenements, or other hereditaments, if any lease shall afterwards be granted of any part of the same premises separately from the rest thereof, then and in every such case, and from time to time so often as the same shall happen, it shall be lawful for the person or persons granting such lease to provide and agree that any part of such augmentation shall during such lease be paid out of such part of the hereditaments previously charged therewith as shall be comprised in the said lease, and then and in such case, and thenceforth during the lease so to be made as aforesaid, no further or other part of the said augmentation shall be charged on the premises comprised in the said lease than such part of the said augmentation as shall be so agreed to be paid out of the same ; provided always, that in every such case the hereditaments which shall be leased in severalty as aforesaid shall be a competent security for such part of the said augmentation as shall be agreed to be paid out of the same, and the remainder of the hereditaments originally charged with the said augmentation shall be a competent security for the residue thereof. " X. And whereas by the said recited act it was enacted, that if upon the sur- render, expiration, or other determination of any lease wherein such augmentation had been or should be granted, any new lease of the premises, or any part thereof, should thereafter be made without express continuance of the said augmentation, every such new lease should be utterly void ; be it further enacted, that the said last-mentioned provision, so far as relates to any augmentation which may be granted after the passing of this act, shall be and the same is hereby repealed. " XI. And be it further enacted, that it shall be lawful for any archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical cor- poration, or person or persons, or the master and fellows of any college, or the master or guardian of any hospital, being, in his or their corporate capacity, the owner or owners of any rectory impropriate, or of any tithes, or portion of tithes, arising in any particular parish or place, by a deed duly executed, to annex such rectory impropriate, or tithes, or portion of tithes as aforesaid, or any lands or tithes, being part or parcel thereof, with the appurtenances, unto any church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise, to the intent and in order that the same may be held and enjoyed by the incumbent for the time being of such church or chapel; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding. " XII. And be it further enacted, that it shall be lawful for any archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation or person or persons, or the master and fellows of any college, or the master or guardian of any hospital, being in his or their corporate capacity the owner or owners of any lands, tenements, or other hereditaments whatsoever, and also being in his or their corporate capacity the patron or patrons of any church or chapel, by a deed duly executed, to annex such lands, tenements, or other heredi- taments, with the appurtenances, unto such church or chapel, to the intent and in order that the same premises may be held and enjoyed by the incumbent for the time being thereof ; and every such deed shall be effectual to all intents and pur- poses whatsoever, any law or statute to the contrary notwithstanding. A STATUTA GULIELM1 IV. A.D. 1830-1837. 1463 " XIII. Provided always, and be it farther enacted, that in any case in which any rectory impropriate, tithes, or portion of tithes, lands, tenements, or other hereditaments, shall be annexed to any church or chapel, pursuant to either of the powers hereinbefore in that behalf contained, the annexation thereof shall be subject and without prejudice to any lease or leases which previously to such annexation may have been made or granted of the same premises or any part thereof ; provided also, that in every such case any rent or rents which may have been reserved in respect of the said premises in arid by such lease or leases, or (in case any other hereditaments shall have been also comprised in such lease or leases) some proportional part of such rent or rents, such proportional part to be fixed and determined in and by the instrument by which the annexation shall be made, shall during the continuance of the said lease or leases be payable to the incum- bent for the time being of the church or chapel to which the premises shall be annexed as aforesaid ; and accordingly such incumbent for the time being shall, during the continuance of such lease or leases, have all the same powers for enforc- ing payment of the same rent or rents, or of such proportional part thereof as afore- said, as the person or persons or body politic by whom the annexation shall have been made might have had in that behalf in case the said premises had not been annexed. " XIV. And be it further enacted and declared, that where any rectory impro- priate, tithes, or portion of tithes, lands, tenements, or other hereditaments, which shall be annexed to any church or chapel under either of the powers hereinbefore in that behalf contained, or any part thereof, shall have been anciently or accus- tomably demised with other hereditaments in one lease, under one rent, or divers rents issuing out of the whole, and after such annexation such other hereditaments as aforesaid, or any part thereof, shall be demised by a separate lease or leases, all the provisions of an act passed in the thirty-ninth and fortieth years of the reign of his late majesty King George the Third, intituled, * An Act for explaining and amending several Acts made in the thirty-second year of King Henry the Eighth, and the first, thirteenth, and fourteenth years of the Reign of Queen Elizabeth, so far as respects Leases granted by Archbishops, Bishops, Masters, and Fellows of Colleges, Deans and Chapters of Cathedral and Collegiate Churches, Masters and Guardians of Hospitals, and others, having any Spiritual or Ecclesiastical Living or Promotion,' shall apply and take effect in the same manner as if the premises which shall be so annexed as aforesaid had been retained in the possession or occupation of the person or persons by whom such lease or leases as aforesaid shall be made. " XV. And be it further enacted, that such of the powers hereinbefore con- tained as are restricted to cases in which the corporation or person by whom the same may be exercised shall be the patron of the benefice which it shall be intended or desired to augment, shall apply to and may be exercised in cases in which such corporation or person shall be entitled only to the alternate right of presentation to such benefice. " XVI. Provided always, and be it further enacted, that the power given by the said recited act shall not at any time hereafter, nor shall any of the powers hereinbefore contained, in any case, be exercised so as to augment in value any bene- fice whatsoever, which at the time of the exercise of the power shall exceed in clear annual value the sum of three hundred pounds, or so as to raise the clear annual value of any benefice to any greater amount than such sum of three hundred and fifty pounds, or three hundred pounds, not taking account of surplice fees. " XVII. And be it further enacted, that in every case in which it shall be desired, upon the exercise of any of the said powers, to ascertain, for the purposes of this act, the clear yearly value of any benefice, or of any rectory impropriate, tithes, or portion of tithes, lands, tenements, or other hereditaments, it shall be lawful for the archbishop or bishop of the diocese within which the benefice to be augmented shall be situate, or where the same shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then for the archbishop or Stat. 1 & 2 Gvl. 4, c. 45. Such annexa- tions to be subject to prior leases, and the rents reserved upon the same, or some por- tion thereof, to be deter- mined by the deed of annex- ation. Provisions of 39 & 40 Geo. 3, c. 41, to extend to such annexations, in certain cases. Certain powers to apply to personsentitled to alternate presentation. Benefices exceeding in yearly value 300/. not to be raised, and all others to be limited. Power to de- termine the yearly value of any heredita- ments for the purposes of the act. 1464 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 45. By whom the above-men- tioned powers may be exer- cised, and with whose consent. Incumbents not to exercise them. Incumbent may annex tithes, &c. to which he is entitled, arising out of the limits of his benefice, to the church or chapel of the parish where they arise. Power to rec- tors or vicars to charge their rectories and vicarages for the benefit of chapels of ease, &c. bishop to whom such peculiar jurisdiction shall belong, to cause such clear yearly value to be determined and ascertained by any two persons whom he shall appoint for that purpose, by writing under his hand, (which writing is hereby directed to be afterwards annexed to the instrument by which the power shall be exercised,) and certificate of such clear yearly value, written or endorsed on the instrument by which the power shall be exercised, and signed by such persons as aforesaid, shall for all the purposes of this act be conclusive evidence of such clear yearly value as aforesaid. " XVIII. Provided also, and be it further enacted, that in every case in which the power given by the said recited act, or any of the powers hereinbefore con- tained, (other than and except the aforesaid power of deferring the time at which an augmentation is to take effect in possession,) shall be exercised by any bishop, dean, archdeacon, or prebendary, or by the master or guardian of any hospital, the same shall be so exercised in the case of a bishop, with the consent of the arch- bishop of the province, or in the case of a dean, with the consent of the dean and chapter, or in the case of an archdeacon or prebendary, with the consent of the archbishop or bishop to whose jurisdiction or control they shall be respectively subject, or in the case of the master or guardian of a hospital, with the consent of the patron or patrons, visitor or visitors (if any) of such hospital, such consent as aforesaid to be testified by the said archbishop, dean and chapter, bishop, or patron or patrons, visitor or visitors, (as the case may require,) executing the instrument by which the power shall be exercised. "XIX. Provided always, and be it further enacted, that the incumbent of any benefice or living shall not be authorized to exercise any of the powers afore- said with respect to any hereditaments to which he may be entitled in right of his benefice. " XX. Provided also, and be it further enacted, that where the incumbent of any benefice shall in right of the same be entitled to any tithes or portion of tithes arising in any parish or place not being within the limits of such benefice, it shall be lawful for the incumbent for the time being of such benefice, by a deed duly executed by him, to annex such tithes or portion of tithes as "aforesaid, or any part thereof, to any church or chapel within the parish or place in which such tithes or portion of tithes shall arise, to the intent that the same may be enjoyed by the incumbent for the time being of such church or chapel ; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the con- trary notwithstanding ; provided always, that every such annexation as aforesaid shall be made with the consent of the archbishop or bishop of the diocese within which the said benefice shall be situate, (or if the said benefice shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then with the consent of the archbishop or bishop to whom such peculiar jurisdiction shall belong,) and also with the consent of the patron or patrons of the said benefice, such consent to be testified by the said archbishop or bishop and the said patron or patrons respectively executing the instrument by which the annexation shall be made. " XXI. And whereas it is expedient that rectors and vicars should be enabled, under proper restrictions, to charge their rectories and vicarages for the benefit and support of chapels of ease situate within such rectories and vicarages, as also in certain other cases : be it therefore further enacted, that it shall be lawful for any rector or vicar for the time being of any rectory or vicarage, by a deed duly exe- cuted by him, to annex to any chapel of ease or parochial chapel, or to any district church or chapel, or any chapel having a district assigned thereto, whether already built or hereafter to be built, (such chapel of ease or other chapel or church, with the district or place to which the same belongs, being situate within the limits, or within the original limits, of the said rectory or vicarage,) any part or parts of the tithes or other annual revenues belonging to such rectory or vicarage, or to grant to the incumbent for the time being of any such chapel of ease or other chapel or church, and his successors, any annual sum of money, to be payable by equal quarterly or equal half-yearly payments, and to charge the same on all or any part STATU TA GULIELMI IV. A.D. 1830-1837. 1465 of such tithes or other revenues as aforesaid, or on any lands or other heredita- Stat. 1 & 2 ments belonging to the said rectory or vicarage ; and in every case in which any Gul. 4, c. 45. such tithes or other revenues shall he annexed to any such church or chapel as aforesaid, the incumbent for the time being thereof shall thenceforth have all the same remedies for recovering and enforcing payment of the premises which shall be so annexed as the rector or vicar for the time being of the rectory or vicarage might have had if such annexation had not been made ; and in every case in which any annual sum of money shall be so granted as aforesaid, the incumbent for the time being entitled thereto shall have all such remedies for recovering and enforcing payment thereof by action of debt against the incumbent for the time being of the said rectory or vicarage, or by distress upon the hereditaments to be charged therewith, or otherwise, as shall in that behalf be specified and given by the deed by which the grant shall be made : provided always, that every such grant and annexation shall be made with the consent of the archbishop or bishop of the diocese within which the rectory or vicarage shall be situate, (or if the rec- tory or vicarage shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then with the consent of the archbishop or bishop to whom such peculiar jurisdiction shall belong,) and also with the consent of the patron or patrons of the said rectory or vicarage, such consent to be testified by the said archbishop or bishop and the said patron or patrons respectively executing the instrument by which the annexation or grant shall be made. " XXII. And whereas by an act passed in the fifty-eighth year of the reign of Exception to his late majesty King George the Third, intituled, ' An Act for building and pro- the preceding moting the building of additional Churches in populous Places,' provision was ^gQCr' g ^ made, under certain restrictions, for enabling any parish to be divided into two or ' more distinct parishes, and for apportioning in such cases the glebe lands, tithes, moduses, or other endowments between the respective divisions ; and it was thereby provided with respect to every such case, that during the incumbency of the exist- ing incumbent of the parish, every new church intended as the parish church of any division intended to become a distinct parish should remain a chapel of ease ; be it further enacted, that the power last herein before contained shall not be exercised for the purpose of making an annexation or grant to any chapel of ease situate within any division which, under the provisions of the said last-recited act, shall be intended to become a distinct parish. "XXIII. And be it further enacted, that in any case in which the consent of Manner in the patron of any benefice shall be required to the exercise of any power given by wh'cn consent this act, and the patronage of such benefice shall be in the crown, the consent of *° po^ers^n56 the crown to the exercise of such power shall be testified in the manner herein- this act shall after mentioned; (that is to say,) if such benefice shall be above the yearly value be testified, of twenty pounds in the king's books, the instrument by which the power shall be wnere patron- exercised shall be executed by the lord high treasurer or first lord commissioner of — of benefice J ° is in the the treasury for the time being ; and if such benefice shall not exceed the yearly crown ; value of twenty pounds in the king's books, such instrument shall be executed by the lord high chancellor, lord keeper or lords commissioners of the great seal for the time being ; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, such instrument shall be executed by the chan- cellor of the said duchy for the time being ; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. " XXIV. And be it further enacted, that in any case where the consent of the where patron patron of any benefice shall be required to the exercise of any power given by this Is an act, and the patron of such benefice shall be a minor, idiot, lunatic, or feme covert, person"^^ it shall be lawful for the guardian or guardians, committee or committees, or hus- band of such patron (but in case of a feme covert with her consent in writing,) to execute the instrument by which such power shall be exercised, in testimony of the consent of such patron ; and such execution shall for the purposes of this act be deemed and taken to be an execution by the patron of the benefice. " XXV. And be it further enacted, that in any case in which the consent of where patron- 1466 STATUTA GULIELMI IV. A J). 1830—1837. Stat. 1 & 2 Gul. 4, c. 45. age is part of the possessions of the duchy of Cornwall. Instruments to be deposited in the registry of the diocese. Office copies of instruments deposited in the registry to be evidence. Fee to the registrar. Extent of the word ''bene- fice" in this act. Act to apply to all heads of colleges, under whatever de- nomination. To extend to England and Wales. the patron of any benefice shall be required to the exercise of any power given by this act, and the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the consent of the patron of such benefice to the exercise of such power shall be testified in the manner hereinafter men- tioned; (that is to say,) the instrument by which the power shall be exercised shall be executed by the Duke of Cornwall for the time being, if of full age, but if such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by the same person or persons who is or are by this act authorized to testify the consent of the crown to the exercise of any power given by this act in respect of any benefice in the patronage of the crown ; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. " XXVI. Provided always, and be it further enacted, that in every case in which the power given by the said recited act of the twenty-ninth year of the reign of King Charles the Second, or any of the powers hereinbefore contained, shall be exercised, the instrument by which the same shall be so exercised shall, within two calendar months after the date of the same, be deposited in the registry of the diocese within which the benefice augmented or otherwise benefited shall be locally situate, or where the same shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then in the registry of such peculiar jurisdiction. " XXVII. And be it further enacted, that an office copy of any instrument which under the provisions of this act shall be deposited in any such registry as aforesaid (such office copy being certified by the registrar or his deputy) shall be allowed as evidence thereof in all courts and places, and every person shall be entitled to require any such office copy, and shall also be allowed, at all usual and proper times, to search for and inspect any instrument which shall be so deposited, and the registrar shall be entitled to the sum of five shillings and no more for depositing any such instrument as aforesaid, and to the sum of one shilling and no more for allowing any such search or inspection as aforesaid, and to the sum of six- pence and no more (besides stamp duty) for every law folio of seventy-two words in any office copy to be made and to be certified as aforesaid. " XXVIII. And be it further enacted, that the word ' benefice' in this act shall be construed and taken to comprehend rectories, vicarages, donatives, perpetual curacies, parochial and consolidated chapelries, district parishes and district chapel- ries, and churches and chapels having a district assigned thereto. " XXIX. And be it further enacted, that the powers by this act given to the master and fellows of any college shall apply to cases in which the head of the college shall be called the warden, dean, provost, president, rector, or principal thereof, or shall be called by any other denomination, and that such powers shall extend to every college and hall in the universities of Oxford and Cambridge, and to the colleges of Eton and Winchester. "XXX. Provided also, and be it further enacted, that this act shall extend only to that part of the United Kingdom called England and Wales." Stat. 1 & 2 Gul. 4, c. 48. [IR.] XIX. Stat. 1 & 2 Gulielmi 4, c. 48 (1). [Ireland.] A.D. 1831. "An. Act to amend an Act passed in the Parliament of Ireland, in the fifth year of His Majesty King George the Third, for establishing Public Hospitals in Ireland" Stat. 1 & 2 Gul. 4, c. 49. [I*.] XX. Stat. 1 & 2 Gulielmi 4, c. 49. [Ireland.] A D. 1831. "An Act to repeal so much of an Act passed in Ireland in the fourth year of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein as limits the Franchise created by the said Act to Protestants only." (1) Amended by Stat. 3 & 4 Gul. 4, c. 92. STATUTA GULIELMI IV. A.D. 1830-1837. 1467 XXI. Stat. 1 & 2 Gulielmi 4, cap. xlix. A.D. 1831. "An Act for endowing a Church called Saint Bridgett, in the Parish of Liver- pool, in the County Palatine of Lancaster" Stat. 1 & 2 Gul. 4, cap. xlix. XXII. Stat. 1 & 2 Gulielmi 4, c. 59. A.D. 1831. "An Act to enable Churchwardens and Overseers to inclose Land belonging to the Crown for the Benefit of Poor Persons residing in the Parish in which such Crown Land is situated" "Whereas by an act passed in the fifty-ninth year of the reign of his late majesty King George the Third, intituled, * An Act to amend the Laws for the Relief of the Poor,' power is given to churchwardens and overseers of the poor to provide land for the employment of the poor: and whereas it is expedient to extend such power, so as to enable churchwardens and overseers of the poor to acquire for such purposes portions of forest or waste lands belonging to the crown : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that it shall and may be lawful for the churchwardens and overseers of the poor of any parish to inclose from any forest or waste lands belonging to the crown lying in or near to such parish, with the consent in writing of the lord high treasurer or the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland for the time being, to be signified by some warrant under his or their hand or hands, any part or portion of such forest or waste lands not exceeding fifty acres, for the purpose of cultivating and improving the same for the use and benefit of such parish and the poor persons within the same. " II. Provided always, and be it further enacted, that no poor inhabitant of any parish or place to whom any land shall be let which shall or may have been or shall be hired or taken or inclosed under or by virtue of the said recited act or this act, shall gain a settlement by reason of his renting and occupying or paying parochial taxes for such lands, either alone or with any other land or tenement." Stat. 1 & 2 Gul. 4, c. 59. 59Geo.3,c.l2. Churchwar- dens, with consent of Treasury, may inclose crown lands not ex- ceeding fifty Persons renting such land not to gain a settlement. XXIII. Stat. 1 & 2 Gulielmi 4, c. 60 (1 ). A.D. 1831. Stat. 1 & 2 "An Act for the better Regulation of Vestries (2), and for the Appointment of GuL' 4' °' 6°* Auditors of Accounts, in certain Parishes of England and Wales." " Whereas it is expedient to provide for the election of vestries and of auditors of parish accounts, in certain parishes of England and Wales; be it therefore (1) The following is a list of the principal statutes relative to vestries :— For the regulation of vestries 58 Geo. 3, c. 69. ^ Amended by J5? geo- 3, c. 85. I „ y 1 7 Gul. 4 & 1 Vict. c. 45. f JJj* Vide etiam 4&5 Gul. 4, c. 76. J Establishing select vestries 59 Geo. 3, c. 12. 1 Repealed in part, and other provisions) . 0 , „\ . „_ I E. made, by / 4 & 5 Gul. 4, c. 76. j For the better regulation of vestries in certain parishes 1 & 2 Gul. 4, c. 60. ) Vide etiam 4 & 5 Gul. 4, c. 76. f E' Altering the mode of giving notices for holding vestries .... 7 Gul. 4 & 1 Vict. c. 45. E. For the regulation of vestries in Ireland 7 Geo. 4, c. 72. ) Vide etiam 3 & 4 Gul 4, c. 37, s. 65. 1 L (2) Regulation of Vestries :— Vide Ste- 1137). Stat. 59 Geo. 3, c. 85 (ante 1149). phens on Clerical Law, tit. Vestry. Rogers' Stat. 59 Geo. 3, c. 12, (intituled, "An Act Eccles. Law, 865. Steer's Parish Law, by to amend the Laws for the Relief of the Clive, 266. 1 Burn's E. L. by PhiUimore, Poor,") after reciting, that " For the better 415 (e). Stat. 58 Geo. 3, c. 69 (ante and more effectual execution of the laws for 1468 STATUTA GULIELMI IV. A.D. 1830-1837. enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- the relief of the poor, and for the amend- ment thereof ; " enacted, " that it shall be law- ful for the inhabitants of any parish, in vestry assembled, and they are hereby empowered, to establish a select vestry for the concerns of the poor of such parish ; and to that end to nominate and elect, in the same or in any subsequent vestry, or any adjourn- ment thereof respectively, such and so many substantial householders [Substantial householders : — Any magistrate may be a member of a select vestry under this sta- tute, and an overseer may be elected a mem- ber, notwithstanding he would be a member virtute officii. Rex v. Adams 2 A. & E. 409.] or occupiers within such parish, not exceed- ing the number of twenty nor less than five, as shall in any such vestry be thought fit to be members of the select vestry ; and the rector, vicar, or other minister of the parish, and in his absence the curate thereof, (such curate being resident in and charged to the poor's rates of such parish,) and the church- wardens and overseers of the poor for the time being, together with the inhabitants who shall be nominated and elected as aforesaid, (such inhabitants being first thereto ap- pointed by writing under the hand and seal of one of his majesty's justices of the peace, which appointment he is hereby authorized and required to make,) shall be and constitute a select vestry for the care and management of the concerns of the poor of such parish, and any three of them, (two of whom shall neither be churchwardens nor overseers of the poor,) shall be a quorum; [Any three of them shall be a quorum : — Except when specially provided for by statute ; it is a general rule of law, that where a limited number of persons are to perform a public duty, there must be a majority of the whole body assembled, and that a majority of the persons assembled at such a meeting may act,] and when any inhabitant elected and appointed to serve in any such select vestry shall, before the expiration of his office, die or remove from the parish, or shall become incapable of serving, or shall refuse or neg- lect to serve therein, the vacancy which shall be thereby occasioned shall, as soon as conveniently may be, be filled up by the election and appointment, in manner aforesaid, of some other substantial house- holder or occupier of such parish, and so from time to time as often as any such va- cancy shall occur ; and every such select ves- try shall continue and be empowered to act from the time of the appointment thereof until fourteen days after the next annual ap- pointment of overseers of the poor of the parish shall take place, and may be from year to year, and in any future year, renewed in the manner hereinbefore directed : and every such select vestry shall meet once in every fourteen days, and oftener if it shall be found necessary, in the parish church, or in some other convenient place within the parish ; and at every such meeting a chair- man shall be appointed by the majority of the members present, who shall preside therein ; and in all cases of equality of votes upon any question there arising, the chair- man shall have the casting vote ; and every such select vestry is hereby empowered and required to examine into the state and con- dition of the poor of the parish, and to in- quire into and determine upon the proper objects of relief, and the nature and amount of the relief to be given ; and in each case shall take into consideration the character and conduct of the poor person to be re- lieved, and shall be at liberty to distinguish, in the relief to be granted between the de- serving, and the idle, extravagant, or profli- gate poor ; and such select vestry shall make orders in writing for such relief as they shall think requisite, and shall inquire into and superintend the collection and administration of all money to be raised by the poor's rates, and of all other funds and money raised or applied by the parish to the relief of the poor ; and where any such select vestry shall be established, the overseers of the poor are required, in the execution of their office, to conform to the directions of the select vestry, and shall not, (except in cases of sudden emergency or urgent necessity, and to the extent only of such temporary relief as each case shall require, and except by order of justices, in the cases hereinafter provided for,) give any further or other relief or al- lowance to the poor, than such as shall be ordered by the select vestry. " III. And be it further enacted, that every select vestry, to be established by the authority of this act, shall cause minutes to be fairly entered in books, to be for that purpose provided, of all their meetings, pro- ceedings, resolutions, orders, and transac- tions, and of all sums received, applied, and expended, by their direction ; and such minutes shall from time to time be signed by the chairman ; and shall, together with a summary or report of the accounts and trans- actions of the select vestry, be laid before the inhabitants of the parish in general vestry assembled, twice in every year, that is to say, in the month of March and in the month of October, and at such other times as the select vestry shall think fit ; and the minutes, proceedings, accounts, and reports of every select vestry, shall belong to the parish, and be preserved with the other books, documents, accounts, and public pa- pers thereof. " IV. Provided, and be it further enacted, that the churchwardens and overseers of the poor shall cause ten days' notice, at the least, to be publicly given, in the usual manner, of every vestry to be holden for the purpose of establishing any select vestry, or of nomi- nating and electing the members, or any member thereof, and of every vestry to be holden for the purpose of receiving the re- port of the select vestry ; and every notice of any such vestry shall state the special pur- pose thereof." tSed vide Stat. 4 & 5 Gul. 4, c. 76.] STATUTA GULIELMI IV, A.D. 18.30—1837. 1469 bled, and by the authority of the same, that this act and the several provisions thereof shall apply to and may be adopted, under and subject to the regulations herein contained, by any parish or parishes in England and Wales. " II. And be it further enacted, that when in any parish certain of the rate- payers thereof may desire that the said parish should come under the operation of this act, then and in that case any number of rate-payers amounting at least to one fifth of the rate-payers of such parish, or any number of rate-payers amounting at least to fifty parishioners, may, on some day between the first day of December and the first day of March, deliver a requisition, by them signed, and describing their places of residence, to the churchwardens, or to one of them, serving for the said parish, requiring of the said churchwardens to ascertain according to the man- ner hereinafter mentioned whether or not a majority of the rate-payers of the said parish do wish and require that this act and the provisions thereof should be adopted therein ; and which requisition may be in the form or to the tenor and effect following ; (that is to say,) "'To the churchwardens of the parish of [insert here the name of the parish]. " ' We, whose names are hereunto subscribed, being rate-payers resident in the said parish, and respectively rated or assessed to the relief of the poor thereof, do hereby require you the said churchwardens to ascertain and determine the adop- tion or non-adoption of an act of the second year of the reign of King William the Fourth, chapter intituled, "An Act [here insert the title of the act]." " * Dated this day of in the year of our Lord .' "III. And be it further enacted, that the said churchwardens of the said parish shall on the first Sunday in the month of March next after the receipt of such requisition affix or cause to be affixed a notice to the principal doors of every church and chapel within the said parish, specifying some day not earlier than ten days and not later than twenty-one days after such Sunday, and at what place or places within the said parish, the rate-payers are required to signify tkeir votes for or against the adoption of this act ; which votes shall be received on three succes- sive days, commencing at eight of the clock in the forenoon and ending at four of the clock in the afternoon of each day ; and the said notice shall be to the following effect : "'The churchwardens of this parish [insert here the name of the parish] having received a requisition duly signed according to the provisions of an act of the second year of the reign of William the Fourth, chapter , for the better regulation of vestries, the rate-payers of this parish of [insert here the name of the parish] are hereby required, all and each of them, on the day of next, and the two following days, to signify to the said churchwar- dens by a declaration, either printed or written, or partly printed or partly written, addressed and delivered to one of the churchwardens at [insert here the place], their votes for or against the adoption of the aforesaid act for the better regulation of vestries by the rate-payers of this parish. "'(Signed) Churchwardens.' " IV. And be it further enacted, that the said declaration shall be to the fol- lowing effect : " ' I, A. B., of street [or place or house] in this parish of vote [for or against, as the case may be,] the adoption of the act of the second year of the reign of William the Fourth, chapter , for the better regulation of vestries by this parish.' " V. And be it further enacted, that the said churchwardens shall carefully examine the votes to them delivered as aforesaid, and shall compare them with the last rate made for the relief of the poor of the said parish, and shall be empowered to call before them and examine any parish officer touching the said votes, or any rate-payer so giving his vote, and after a full and fair summing-up of the said votes, shall, by public notice according to the form and manner hereinafter prescribed, declare whether or not two thirds of the votes given have been given in favour of the adoption of the said act : provided always, that the whole number of persons voting shall be a clear majority of the rate-payers of the parish : provided also, that Stat. 1 & 2 Gul. 4, c. 60. Act may be adopted by any parish. Manner of adopting it in parishes where inhabitants do not assemble in open vestry. Form of requisition. Upon receipt of requisition, churchwardens to give notice of time and place for re- ceiving votes. Form of notice. Form of declaration. Churchwar- dens to declare whether the votes are in favour of adopting this act. 1470 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 60. Rate- payers may inspect votes. No person to vote unless he has been rated one year. Notice of adoption of the act. No similar requisition to be made within three years. This act to take effect in all parishes in which its adop- tion has been notified. Penalties on churchwardens and others re- fusing to call meetings, &c. Notices of election to be given. the adoption or non-adoption of this act shall be decided by such number of votes as aforesaid. " VI. Provided always, and be it farther enacted, that any of the rate-payers of the aforesaid parish, not exceeding five together, may inspect, at or in the vestry room, or in some convenient place within the same parish, and they are hereby empowered to inspect the votes so given for and against the adoption of this act, at all seasonable times within one month after such notice shall have been given : and the churchwardens of the said parish are hereby required carefully to preserve the said votes, and freely to permit and allow the examination thereof by the aforesaid rate-payers of the said parish at such seasonable times within the period aforesaid. " VII. Provided always, and be it enacted, that no person shall be deemed a rate-payer, or be entitled to vote, or do any other act, matter, or thing as such, under the provisions of this act, unless he or she shall have been rated to the relief of the poor for the whole year immediately preceding his so voting or otherwise acting as such rate-payer, and shall have paid all the parochial rates, taxes, and assessments due from him or her at the time of so voting or acting, except such as have been made or become due within the six months immediately preceding such voting. " VIII. And be it further enacted, that notice of the adoption of this act by any parish shall be forthwith given by the churchwardens for the time being of the said parish in the London Gazette and in one or more of the public newspapers circulating in the county in which the said parish may be situated, and by affixing a notice of the same to the principal doors of every church and chapel within the said parish ; which notice shall be to the following effect : "'Parish of [here insert the name of parish]. " e Notice is hereby given, that the above-named parish has adopted the act of the second year of the reign of King William the Fourth, chapter , intituled, " An Act [here insert the title of the act] ;" and that the numbers of the majority and minority of votes given for and against the adoption of the said act are as follows ; that is to say, votes for the adoption thereof, and votes against the adoption thereof. " ' Dated this day of in the year of our Lord "'(Signed) Churchwardens.' " IX. Provided always, and be it further enacted, that if the rate-payers shall determine, in the manner as aforesaid, against the adoption of this act, then and in that case it shall not be lawful to make another requisition for the same purposes within three years after such determination. "X. And be it further enacted, that in any parish in which public notice of the adoption of this act in the manner as aforesaid shall be so made and given, this act shall immediately become the law for electing vestrymen and auditors of accounts of the said parish in manner hereinafter mentioned. "XI. And be it further enacted, that if any churchwarden, rate-collector, overseer, or other parish officer shall refuse to call meetings according to the provi- sions of this act, or shall refuse or neglect to make and give the declarations and notices directed to be made and given by this act, or to receive the vote of any rate-payer as aforesaid, or shall in any manner whatsoever alter, falsify, conceal, or suppress any vote or votes as aforesaid, such churchwarden, rate-collector, overseer, or other parish officer shall be deemed and taken to be guilty of a misdemeanor. " XII. And be it further enacted, that on some Sunday at least twenty-one days previously to the day of annual election of vestrymen, notice of election pur- suant to this act, signed by the churchwardens, shall be affixed to the principal doors of every church and chapel of the said parish, and at other usual places, in the following terms : " ' Parish of [here insert name of parish]. " ' The parishioners duly qualified according to the provisions of the act of the second year of the reign of King William the Fourth, intituled, "An Act [here STATUTA GUL1ELMI IV. A.D. 1830—1837. 1471 insert the title of the act]," are hereby required to meet at on the day of conformably to the provisions of the said act, and then and there to consider of and elect fit and proper persons to be vestrymen and auditors of accounts of the parish of for the ensuing year ; that is to say, " « Members of the vestry. " < Auditors of accounts.' "XIII. And be it further enacted, that the churchwardens may summon the rate-collectors to attend them on the said day of annual election, in order to assist them in ascertaining that the persons presenting themselves to vote are parishioners rated to the relief of the poor of the said parish, and duly qualified to vote at the said election. " XIV. And be it further enacted, that on the day of annual election for vestry- men and auditors in any parish adopting this act, each parishioner then rated, and having been rated to the relief of the poor one year, desirous of voting, do meet at the place appointed for such election, then and there to nominate eight rate-payers of the said parish as fit and proper persons to be inspectors of votes (1), four of such Stat. 1 & 2 Gul. 4, c. 60. Rate collectors, &c. may be summoned to assist at the election. Form of pro- ceeding at an- nual elections. (1) Nominate eight rate-payers to be inspectors of votes: — On the nomina- tion of the eight inspectors to act in the elec- tion of vestrymen, under Stat. 1 & 2 Gul. 4, c. 60, s. 14, the decision of the chairman, on a show of hands, that one or the other party has a majority, is not conclusive, but he is bound on requisition from either side, to take steps for ascertaining the numbers : and it seems, that the proper course, on such requisition, will be to divide the meet- ing. Regina v. St. Pancras, Middlesex {Vestrymen of), 11 A. & E. 15. Sed vide Regina v. St. Mary, Lambeth {Churchwar- dens of), (3 N. & P. 416,) where it was holden, that at an election of parish officers, the poll, if demanded upon a show of hands, must be taken of the rate -payers generally ; and that the election will be a nullity, if the poll be confined to persons present when the poll is demanded. The mere existence of party feeling in the chairman is not sufficient ground for im- peaching a nomination of inspectors under Stat. 1 & 2 Gul. 4, c. 60 ; but, if, after impro- perly refusing to ascertain the numbers voting, he has declared certain persons to be the in- spectors nominated by the meeting, and the election of vestrymen has thereupon taken place, the court will grant a mandamus for a new election, although a considerable time has elapsed. And if four inspectors have been improperly declared to be nominated by the meeting, such mandamus will be granted, although the other four inspectors were duly nominated by the churchwardens, and offici- ated at the election. Thus, in Regina v. St. Pancras (Vestrymen of), (11 A. & E. 15,) Lord Denman stated : " This was an appli- cation to compel proceeding to a new elec- tion of vestrymen, on the ground that the election which took place in May was a nul- lity, the sense of the meeting in respect of the nomination of inspectors not having been duly taken by the churchwardens who pre- sided there. " The act 1 & 2 Gul. 4, requires, as pre- liminary to the election of vestrymen, the nomination of eight inspectors, four by the churchwardens, four by the meeting. On this occasion the churchwardens, having no- minated their four, called upon the meeting to nominate four others. Two lists of four were accordingly prepared by the two parties, and, on a shew of hands having been re- quired on both successively, the churchwar- dens expressed their decision in favour of one set ; upon which the friends of the other demanded a division of the voters present, that the numbers appearing on each side might be counted. This course the church- wardens refused to take, though frequently pressed to do so, and declared the election carried by the shew of hands as at first. " The affidavits in support of the rule went into a vast deal of extraneous matter, not enough connected with our immediate subject to require notice here. Expressions of the more active churchwarden were de- posed to, shewing a determination to favour his own party, which were by no means satisfactorily explained away by himself. The defeated party claimed the majority of votes at the meeting; but the other party were in much greater numbers, to their confident belief the other way. In arguing against the rule many propositions were laid down, which appear to us wholly untenable. It was boldly urged, that the decision of a re- turning officer is binding and conclusive, however partial and unfair, and in whatever degree his partiality and unfairness may have affected the result of the election. What he chooses to declare, (it was said,) must stand, though his misconduct may expose him to punishment. The claim of such a privilege refutes itself. Mere feel- ings of partiality in a returning officer to- wards the successful candidate cannot, in- deed, be sufficient to vacate the election, conducted fairly and with regularity. But, if proper means are taken for challenging an election good in form, but reasonably sus- pected to be the result of manceuvering practised by persons in authority, for selfish or party purposes, we cannot be bound by a result so brought about, and cannot refuse to put the facts into a course of inquiry : and the temporary inconvenience, though much to be lamented, that may be produced 1472 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 1 & 2 Gul. 4, c. GO. A ballot may be demanded. eight to be nominated by the churchwardens, and the other four to be nominated by the meeting ; and after such nomination the said parishioners shall elect such parishioners' duly qualified as may be there proposed for the offices of vestrymen and auditors ; and the chairman shall at such meeting declare the names of the parishioners who have been elected by a majority of votes at such meeting. " XV. Provided always, and be it further enacted, that any five rate-payers may then and there, in writing or otherwise, demand a poll (1), which shall be taken by ballot, each rate-payer delivering to the aforesaid inspectors two folded by changes and new elections is an evil infi- nitely less than the encouragement which would otherwise be afforded by this court to an arbitrary and corrupt abuse of lawful power. The difficulty, or impossibility, ra- ther, of complying now with the act of par- liament on account of the lapse of time was not very strongly pressed. For, though the election is fixed to take place in May, yet the well known practice of this court is to set aside vicious proceedings held at the regular period, and direct others in their place afterwards. It would be too great a triumph for injustice, if we should enable it to postpone for ever the performance of a plain duty, only because it had done wrong at the right season. " Then the mode of nominating inspectors required by the act was described as not essential but directory, so that non-compli- ance with its forms would not vitiate an elec- tion de facto. We need say no more in answer to this doctrine, than that the powers granted by the act to the inspectors place the fate of the election itself completely in their hands, so that everything depends on their being faithfully nominated. " Another argument required much more consideration. The returning officers say that those who objected to their proceeding did so on wrong grounds, and made a wrong demand upon them. They contend that only two modes of election are known to the common law, by shew of hands, and by a poll ; and that the objectors who complained that the decision on the show of hands was incorrect, ought to have demanded a poll, not that the meeting should be divided and the number on each side counted ; an inter- mediate course unknown to the ordinary practice, and which no returning officer could be bound to introduce. On this point the learned counsel in support of the rule, referring to the fourteenth section of the act, asserted, that a third mode of election, or rather appointment, is thereby introduced ; that the nomination of inspectors is to be made at the meeting, that is, by such as happen to be present at the meeting ; that, therefore, where the shew of hands is dis- puted, those present at the meeting must be divided, and those giving their votes on either side, counted by the officer ; that this mode of ascertaining a majority is practised in both houses of parliament ; and that a poll, by admitting all parishioners to come in and vote, would be inconsistent with the act which refers the decision to that meeting. (His lordship here read sect. 14 of Stat. 1 & 2 Gul. 4, c. 60.) " We are much struck by these observa- tions, and think the reasoning at least plau- sible. The business of nominating inspectors is apparently intended to be begun and finished at that meeting, some reasonable precaution being taken that none but rate- payers are present ; and the election of ves- trymen is to follow without more delay : if the shew of hands and poll were the method, the preliminary process itself might be inde- finitely prolonged ; for the common-law right on that subject, is generally understood to be, that any voter, however satisfied with the correctness of the declaration on the shew of hands, yet may appeal from it to the whole body of electors, {Campbell (Clerk) v.Maund, S A. & E. 865 ; Regina v. St. Mary, Lam- beth (The Rector of), 8 Ibid. 356,) and keep a poll open till all have had the oppor- tunity of attending to record their suffrages. Now, if the churchwardens were bound to declare the nomination of the four inspectors as made by that meeting, they had no other means of coming to a just conclusion, than by dividing and counting those present, as they were required to do, supposing any doubt to exist on which side the majority appeared. " But we do not deem it absolutely neces- sary for our present decision to lay down any rule on the fourteenth section. For, whe- ther that construction prevail, or the more ordinary method be adopted, the shew of hands ought tc be fairly taken. Was it so taken ? A strong doubt was expressed at the time whether the churchwardens had not made an erroneous report of the numbers on each side : it is even now sworn, by several who were present, that the majority was the other way ; nothing could be more reasona- ble than the demand, that the numbers should divide and be counted. If this had been done with closed doors, certainty would have been obtained in a few minutes. But the church- wardens took upon themselves to declare the respective numbers in favour of that patty to which they avowedly belong, at the very moment when they refused to asceitain the truth. The affidavits now produced by them and many others, of their belief respecting this doubtful matter, do not meet the just complaint that they might have spoken with perfect knowledge ; and that belief is, in- deed, founded on remarks and reasonings which are detailed, and are very far from being conclusive. " These considerations have brought us to the opinion, that the mandamus ought to issue." Vide Rex v. Birmingham (Rector $ Churchwardens of), 7 Ibid. 254. (1) Demand a poll: — As to the right of demanding a poll under a local act of par- liament, vide Campbell (Clerk) v. Maund, 5 Ibid. 865. STATUTA GULIELMI IV. A.D. 1830—1837. 1473 papers, one of which papers shall contain the names of the persons for whom such parishioner may vote as fit and proper to be members of the vestry, and the other shall contain the names of the persons for whom such parishioner may vote as fit and proper to be auditors of accounts; provided always, that each rate-payer shall have one vote and no more for the members of the vestry, and one vote and no more for the auditors of accounts to be chosen in the said parish. " XVI. And be it further enacted, that the inspectors of votes shall deposit the said folded lists, without previously opening the same, in two separate sets of bal- lot ting glasses or boxes, one set for the vestry lists, and another for the auditors' lists ; and that the said ballotting glasses or boxes shall be closed at the time fixed for the termination of the voting, that is, at four of the clock of the afternoon of the last day of election. " XVII. And be it further enacted, that after the close of the said ballot the aforesaid inspectors shall proceed to examine the said votes, and if necessary shall continue the examination by adjournment from day to day, not exceeding four days, Sunday excepted, until they shall have decided upon the persons duly quali- fied according to the provisions of this act who may have been chosen to fill the aforesaid offices. " XVIII. And be it further enacted, that if an equality of votes should appear to the aforesaid inspectors to be given for any two or more persons to fill any or either of the said offices, in that case the inspectors shall decide by lot upon the person or persons so to be chosen. " XIX. And be it further enacted, that if any person do forge or in any way fal- sify any name or writing in any paper or list purporting to contain the vote or votes of any parishioner as aforesaid so voting for vestrymen or auditors, or do by any contrivance attempt to obstruct or prevent the purposes of such mode of elec- tion, the persons so offending shall, upon information laid, and conviction before any two or more justices of the peace having jurisdiction in the parish so adopting this act, be liable to a penalty of not less than ten and not more than fifty pounds, and in default of payment thereof shall be imprisoned for a term not exceeding six nor less than three months ; and any fine so levied shall be given, half to the informer who shall have informed against the person so offending, and the other half to the poor of the parish in which the said offence shall have been com- mitted. " XX. And be it further enacted, that the aforesaid inspectors shall, immedi- ately after they shall have decided upon whom the aforesaid elections have fallen, deliver to the churchwardens, or to one of them, serving for the parish so adopting this act, a list of the persons chosen by the parishioners to act as vestrymen and auditors of accounts ; and the said list, or a copy thereof, shall be affixed to the doors of the churches and chapels or other places chosen for the purposes of public notice in the said parish. " XXI. And be it further enacted, that if any inspector as aforesaid shall wil- fully make or cause to be made an incorrect return of the said votes, every such offender shall, upon information laid by any person before two or more justices of the peace having jurisdiction in the said parish, and upon conviction for such offence, be liable to a penalty of not less than twenty-five pounds and not exceeding fifty pounds. " XXII. And be it further enacted, that in all parishes adopting this act the meeting of parishioners for the election of the vestrymen and auditors of accounts by the parishioners shall take place in the month of May in every year; provided always, that when a ballot is demanded at such election the same shall commence on the following day, and continue for three successive days, commencing at eight of the clock of the forenoon and closing at four of the clock in the afternoon on each day ; provided also, that the day on which such election shall commence shall in the first instance be appointed by the churchwardens of the parishes adopting this act, but in every subsequent year shall be appointed by the vestry ; provided always, that when by reason of the populousness of any parish the said parish shall have been or shall be divided into districts for ecclesiastical or other pur- 5 B Stat. 1 & 2 Gul. 4, c. 60. Mode of voting. Duty of inspectors. In case of equality of votes. Penalty for forging or falsifying any voting list, or obstructing the election. Public notice to be given of vestrymen and auditors chosen by parishioners. Penalty on inspector for making incor- rect return- Elections to be annual. 1474 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 60. Vestry fco con- sist of not less than 12 nor more than 120 householders. Proportion of existing vestry to go out of office at each of three first poses, then and in that case the said votes shall be taken, according to the aforesaid mode of election, in some convenient place, at the discretion of the churchwar- dens, in each of the several districts of the said parish. " XXIII. And be it further enacted, that in all parishes adopting this act the vestry appointed and elected as hereinbefore mentioned shall, when the said act shall come into full effect, consist of a certain number of resident householders, that is to say, twelve vestrymen for every parish in which the number of rated householders shall not exceed one thousand ; and twelve other additional vestry- men, that is, twenty-four vestrymen for every parish in which the rated house- holders shall exceed one thousand ; and twelve other additional vestrymen, that is, thirty-six vestrymen, for every parish in which the number of rated householders shall exceed two thousand ; and so on at the proportion of twelve additional vestry- men for every thousand rated householders ; provided always, that in no case the number of vestrymen shall exceed one hundred and twenty ; provided always, that in any parish wherein a greater number of vestrymen are given by special act of parliament than the proportions aforesaid will amount to, that then the number of vestrymen shall remain the same as given by such act of parliament ; and pro- vided always, that the rector, district rectors, vicar, perpetual curate, and church- wardens of the said parish shall constitute a part of the said vestry, and shall vote therein, in addition to the vestrymen as aforesaid elected under this act ; provided always, that no more than one such rector or other such minister as aforesaid, from any one parish or ecclesiastical district as aforesaid, shall ex officio be a part of or vote at any vestry meeting. "XXIV. And be it further enacted, that at the first election(l) for vestrymen after the adoption of this act in any parish one third of the then existing vestry (2) or the nearest number thereto, but not exceeding the same, shall retire from office, (such portion to be determined by lot,) and the parishioners duly qualified shall (1) First election : — When the act for the better regulation of vestries, (1 & 2 Gul. 4, c. 60,) has been adopted in a parish, there must be elected at each of the first three annual elections, one third of the whole number of which the vestry chosen under the act is ultimately to consist ; and there must be deducted, by lot, from the original vestry, at the first election, one third of the number of vestrymen then existing, (whatever the full regular number of the original vestry would be;) at the second election, half the number of the original vestrymen then existing; at the third election, all the remaining original vestrymen. Rex v. St. Pancras, Middlesex (Churchwardens of), 1 A. & E. 80. The qualification must be perfect at the time of election, but, if unqualified persons be elected, this does not avoid the election of qualified vestrymen or auditors elected at the same time. Ibid. (2) Existing vestry : — Where a parish which adopted the act, had previously been governed by a vestry established by a local act, which defined the qualification of a ves- tryman, and prescribed an oath to be taken before any vestryman should be capable of acting in the execution of that local act; and by the oath, the person swore to execute the powers reposed in pursuance of the same, and that he was possessed of the qualification prescribed thereby, which was different from that required by Stat. 1 & 2 Gul. 4, c. 60 : it was held, that this oath was not to be taken by the vestrymen elected under the latter act : Mr. Justice Parke observing, " With respect to the number to be lotted off under the twenty-fourth section, three constructions of the clause in question present themselves. The first is that proposed by Sir James Scarlett. He argues that 4 vestry' means the corporate body ; and that one third of the total corporate body is to be taken out at the first election, and that the vacancies which had occurred are to make a part of this third, so that the number to be taken away by lot would be only twenty-six. I think it is im- possible to support this construction. It is clear that one third was to retire by lot ; that cannot be made up of persons who have died, or resigned, before the election. The second construction is, that one third of the total corporate body should be lotted off, without taking notice of existing vacancies ; that is, in the present case, that forty should be lotted off, independently of vacancies before created. This construction appears to me equally unreasonable with the first. Suppose the original body to have been reduced by vacancies as low as forty; then, if forty had retired, none of the original vestry would have been left after the first election ; and the statute gives no power for filling up the number, except by the election of the forty new vestrymen. The third and only remain- ing construction must therefore be adopted ; that is, that the fraction to be lotted off is to be estimated upon the number of then exist- ing vestrymen. This is what has been actu- ally done. With respect to the method of taking the poll, it is said that the four dis- tricts of this parish satisfy the words ' divided for other purposes.' But it is sufficiently explained in the affidavits, that this is merely STATUTA GULIELMI IV. A.D. 1830-1837. 1475 elect a number of vestrymen equal to one third of the vestry to be chosen accord- ing to the provisions of this act ; and that on the next ensuing annual election for vestrymen one half, or as nearly as may be one half, of the remaining part of the first aforesaid vestry shall retire from office, (such portion to be determined by lot,) and the parishioners duly qualified shall again elect a number of vestrymen equal to one third of the vestry, to be chosen according to the provisions of this act (I); and that on the next, that is to say, the third annual election for vestrymen, the last remaining portion of the vestry as aforesaid shall retire from office, and the parishioners duly qualified shall elect vestrymen in like manner and number as at the two preceding elections, so as to fill up the vestry to the exact number of vestrymen prescribed by this act. *« XXV. And be it further enacted, that at every subsequent annual election those vestrymen who have been three years in office shall go out of office, and the parishioners shall elect, according to the provisions of this act, other vestrymen, to the number of one third of the total number of which such vestry shall consist, as also fill up any vacancies which may have occurred from death or other causes ; provided always, that any or all of the vestrymen so going out by rotation may be immediately eligible for re-election. " XXVI. And be it further enacted, that the vestry elected under this act in any parish not within the metropolitan police district of the city of London shall Stat. 1 & 2 Gul. 4, c. 60. elections under this act. Vestrymen to quit office after three years, and one third of the whole number to be elected annu- ally. Qualifications of vestrymen. a division which has been made for the con- venience of the collectors, and that it may be varied at any time. It is also said, that a division has been made by the annexation of a part, for ecclesiastical purposes, to the ad- joining parish. But that is not a division ' into districts;' it is only a subtraction of a part from the rest of the parish. Another ground of objection was the alleged want of qualification of some of the vestrymen, under the twenty-sixth section. I have no doubt of the construction which we ought to give to this section. It is not impossible that the framer of the clause may have had a different construction in view, in the several cases of parishes without and parishes within the metropolitan police district. He may have meant that, in the former case, the rating might be on the land, and in the latter on the house only. But the rule for construing a statute is, to collect the meaning from its grammatical construction, unless that leads to an incongruity. Now, by the words of this section, it is sufficient if the householder be rated in any way ; it is not necessary that he should be rated in respect of the subject of his occupation. As to this, the provision is the same for parishes in the country or in town ; there are no words prescribing that the rating shall be on the subject of the oc- cupation. I know that, in fact, persons are rated for property which they do not occupy, and therefore I construe the statute as com- prehending a rating upon any property. Sir James Scarlett argues, that the latter part of the clause respecting parishes not within the metropolitan police district, shews that the rate must be on the property occupied ; for that the words ' rated or assessed' must be re- ferred to the immediate antecedents, 'houses, lands, tenements, or hereditaments.' That appears to me not to be admissible ; houses are not themselves legally the subject of the poor rate; and therefore, it is fair to refer the words ' rated or assessed' to ' occupier,' from which no incongruity will follow. I find no express provision that the rate shall be in respect of the property occupied ; and I cannot infer such an intention. Certainly the clause is inaccurately expressed. But, supposing some of the vestrymen to be im- properly elected, from want of qualification, it is clearly my opinion that there would still be no ground for issuing this mandamus. The election would be void so far only ; there would have been elected less than forty, by the number not duly qualified. The manda- mus should, therefore, direct the supplying this number only ; and this disposes of so much of the objection as relates to the per- sons who have become qualified only since the election. I think these persons were not duly elected; but that does not make the whole proceeding void : such a construction would entail most serious consequences upon corporations. Supposing one of a common council were illegally elected, it would be monstrous to say that all elected at the same time were badly elected. The objection re- specting the oath is disposed of by the fact, that the oath is no longer applicable. It was imposed to secure the existence of a particular qualification in the persons acting; the qualification is now changed, and the evidence of it is different. I am therefore clearly of opinion, that this mandamus ought not to issue, and that the rule should be dis- charged." Rex v. St. Pancras, Middlesex (Churchwardens, of) 1 A. & E. 80. (1) Chosen according to the provisions of this act : — Where a parish adopting the act had previously been divided into four dis- tricts, for the more conveniently collecting the rates, and this division had been adopted for taking the poll in the election of members of parliament ; a small part also of the parish was annexed to a part of an adjoining parish, and separated from the original parish, for ecclesiastical purposes : it was held, that the election of vestrymen and auditors might be made in one place of the parish only. Ibid. 5 B 2 1476 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 60. Vestries ap- pointed after the adoption of this act to exercise the authority of former vestries. Not to affect local acts regarding ves- tries, divine worship, &c. except as herein expressed. The acts of a quorum of the vestry at any meeting to be considered as the acts of the vestry. consist of resident householders rated or assessed to the relief of the poor upon a rental of not less than ten pounds; and no person shall be capable of acting (1) as one of the said vestry unless he shall be the occupier of a house, lands, tenements, or hereditaments rated or assessed upon the afore-mentioned amount of rental within the parish for which he is to serve ; provided always, that if the parish adopting this act should be within the metropolitan police district or the city of London, or if the resident householders therein should amount to more than three thousand, then and in that case the vestry elected under this act shall consist of resident householders rated or assessed to the relief of the poor of such parish upon a rental of not less than forty pounds per annum. *' XXVII. And be it further enacted, that from and after the adoption of this act in any parish, the vestry shall exercise the powers and privileges held by any vestry now existing in such parish, and the authority of such vestry may be pleaded before any justice or justices of the peace, or in any court of law, in regard to all parochial property, or monies due, or holdings or contracts, or other docu- ments of the like nature, formerly under the control or in the keeping of the said vestry of the said parish ; and all parish officers or boards shall account to them in like manner as they have accounted to the said vestry ; provided always, that nothing in this act shall be deemed, construed, or taken to repeal, alter, or invali- date any local act for the governmenti !of any parish by vestries, or for the manage- ment of the poor by any board of directors and guardians, or for the due provision for divine worship within the parish, and the maintenance of the clergy officiating therein, otherwise than is by this act expressly enacted regarding the election of vestrymen and auditors of accounts. u XXVIII. And be it further enacted, that all powers or duties to be per- formed by the vestry of any parish adopting this act may be exercised and per- formed respectively by the major part of such vestry assembled at any meeting, there not being less than five vestrymen present at a meeting of a vestry which consists of twelve or more elected vestrymen and not exceeding twenty-three, and not being less than seven vestrymen present at a meeting of a vestry which consists of twenty-four or more elected vestrymen and not exceeding thirty-five, and not being less than nine vestrymen present at a meeting of a vestry which consists of thirty-six elected vestrymen or upwards ; and all orders and directions given and all contracts and engagements entered into by the vestrymen present at any such meeting, or the major part of them then assembled, shall be as valid and effectual as if the same were done by all the said vestrymen for the time being, and shall be binding and conclusive (2) on all such vestrymen, provided that the same is con- firmed at the next subsequent meeting of the vestry. (1) No person shall be capable of acting: — Vide ante 1475, in not, (2) Powers or duties exercised by the vestry assembled at any meeting shall be binding and conclusive : — In Clutton v. Cherry, (2 Phill. 373,) it was held not to be necessary in all cases that notice should be given of the specific purpose for which a parish vestry is convened. In Rex v. Chester (Archdeacon of), (1 A. & E. 342,) it appeared, that a vestry being about to be held in Manchester for the election of churchwardens, notice was given that the meeting would be held in the parish church, but that if a poll was demanded, it would be adjourned to the town hall. At the meeting there was a show of hands, upon which a poll was demanded, and thereupon the chairman, without taking the sense of the meeting, adjourned the election to the town hall, where a poll was taken : it was held, that the proceeding was regular, no business having been interrupted by it, and the ad- journment, in a particular event, being part of the original appointment. Lord Den- man observing, " The objection has been distinctly and plausibly put. But those who summon a meeting of this kind must ne- cessarily lay down some order for the pro- ceedings : and I think it is competent to them to say, that the meeting shall be held in one place, and, in a certain event which may require it, shall be removed to another. There is no surprise or injustice proved in this case. It is not like Stoughton v. Reynolds, (2 Str. 1045.) There it was held, that the chairman could not adjourn the business of the vestry while it was in progress ; but here the busi- ness was not in progress at the time of the removal to the town hall. It had been an- nounced that, if there should be a poll, it would be taken in the town hall ; and nei- ther the show of hands nor the poll was interrupted by the proceeding which took place." " In the course of the argument, the court adverted to a case of Rex v. St. Mary, STATUTA GULIELMI IV. A.D. 1830—1837. 1477 " XXIX. And be it further enacted, that in any case in which the vestry room of any parish in any city or town shall not be sufficiently large and commodious for any vestry meeting, such meeting shall be held elsewhere within the said parish or place, but not in the church or chapel thereof. " XXX. And be it further enacted, that at every meeting of any vestry, in the absence of the persons authorized by law or custom to take the chair, the members present shall elect a chairman for the occasion before proceeding to other business. " XXXI. And be it further enacted, that the vestry of every parish adopting this act shall cause to be provided and kept a proper book or books, and proper entries to be made therein of the names of the several vestrymen who shall attend the respective meetings of the vestry, and of all orders and proceedings made or taken at such meetings ; and all such books shall at all reasonable times be open to the inspection of the said vestrymen, and of any person rated or assessed to the relief of the poor of the said parish, and of any creditor on the rates of the said parish, without fee or reward ; and the said vestrymen, persons, and creditors, or any of them, shall and may take copies of or extracts from such books respectively, without paying anything for the same ; and in case the clerk to the said vestry, or other person having the care of such books, shall refuse to permit or shall not per- Stat. 1 & 2 Gul. 4, c. 60. Meetings not to be held in the church. Meeting to elect a chair- Proceedings to be entered in books, to be open to inspec- tion. Lambeth (Churchwardens of, T. T. 1832. in which a rule nisi had been obtained for a mandamus to elect churchwardens, &c, on the ground, that on the occasion when the persons then acting were supposed to have been elected, the rector, who was in the chair, had, upon a poll being claimed, adjourned the meeting for that purpose from the school- house (where it was holden by appointment) to the church, of his own authority, and that he had postponed the poll till some other business, which he considered necessary, had been disposed of. The poll was gone into on the same day, and continued on subsequent ones, at the church. No previous notice had been given of such adjournment. The affi- davits were numerous, and went into much detail. The statements in opposition to the rule tended to show, that the poll could not have been properly, if at all, taken in the school-house, from the nature of the place, and the numbers and tumultuous state of the meeting ; and the rule was also opposed on other grounds, independent of the discretion- ary power of the chairman to adjourn; viz., a former practice of electing at the church, and an alleged acquiescence, on the present occasion, by the parties now complaining. Stoughton v. Reynolds, (2 Str. 1045,) was cited in support of the rule, upon which Mr. Justice Parke observed, that in that case the adjournment was to a subsequent day, and asked if the poll could not have been ad- journed from one room into another ? The court considering the question too important to be decided withou . further consideration, and the day on which it was brought on being the last of Trinity term, it was proposed, and agreed by the parties, that the judgment should be given early in the vacation, and the rule drawn up as of the last day of term. The court, in the vacation, ordered that the rule should be discharged, but it was under- stood that no reasons were given." 1 A. & E. 346, in not. In Rex v. St. Saviour's, Southwark {Churchwardens of), (1 Ibid. 380,) Lord Denman delivered the judgment of the court in the following language : "A rule was obtained in the Bail court, in Hilary term, to show cause why a mandamus should not issue, directing the churchwardens of the parish of St. Saviour's, Southwark, to assem- ble the parishioners of the said parish, for the purpose of taking the poll upon a motion put to the vote by a shew of hands at the general or vestry meeting of the inhabitants of the said parish, holden on the 21st of Ja- nuary last, viz., that the resolutions of the general or vestry meeting of the inhabitants of the said parish, holden on the 7th of Ja- nuary then instant, as to the monuments to be erected to the memory of certain persons, might be confirmed. These persons had be- queathed property to be applied to particular objects of charity in the parish. At a vestry meeting, holden on the 7th of January last, a resolution was proposed and carried, that a tablet or monument should be erected to re- cord the bequests of the devisors, to be paid for out of the funds issuing from the bequests. On the 21st of January another vestry meet- ing was held, at which the resolution of the last meeting was confirmed upon a shew of hands. A poll was demanded by the oppo- nents of the resolution ; but the churchwar- den, who presided at the meeting, refused to grant it. Then the present rule was obtained. It was objected, that such an application of the funds would be a breach of trust, and that the court ought not to grant a mandamus for the purpose of putting it to the vote, whether such a breach of trust should be committed. We are of opinion that a man- damus cannot be granted, and for the reason suggested. It may be said, that the object in demanding the poll was to set aside the illegal resolution which had been passed by the shew of hands ; but we cannot assume that the result of the poll would be to rescind the resolution. If the result were the other way, it would be said that the poll was taken under the authority of a mandamus from this court." 1478 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 60. Account books to be kept, and be open to inspection. Auditors to be chosen annually. Qualification. Further qualifications of auditors. Disqualifica- tion. Mode of audit. mit the said vestrymen or such persons or creditors to inspect the same, or to take such copies or extracts as aforesaid, such clerk or other person shall forfeit and pay any sum of money not exceeding ten pounds for every such offence. "XXXII. And be it further enacted, that the said vestry shall and they aie hereby required to cause a book or books to be provided and kept, and true and regular accounts to be entered therein of all sums of money received and disbursed for or on account of parochial purposes, and of the several articles, matters, and things for which such sums of money shall have been so received and disbursed ; which book or books shall at all seasonable times be open to the inspection of the said vestrymen, and of any person or persons rated to the relief of the poor of the said parish, and of any creditor or creditors on the same, without fee or reward ; and the said vestrymen and persons and creditors as aforesaid, or any of them, shall and may take copies of or extracts from the said book or books, or any part or parts thereof, without paying anything for the same ; and in case the clerk to the said vestrymen, or other person with whom such books shall remain, shall on any reasonable demand refuse to permit or shall not permit the said vestrymen, per- sons, or creditors, or any of them, to inspect the said book or books, or to take such copies or extracts as aforesaid, such clerk or other person as aforesaid shall forfeit and pay any sum not exceeding ten pounds for every such offence. " XXXIII. And be it further enacted, that in any and every parish adopting this act the parishioners duly qualified to vote for vestrymen as aforesaid shall elect five rate-payers of the said parish, who shall have signified in writing their assent to serve, to be auditors of accounts, which auditors shall be so elected on the first day on which the vestrymen shall be chosen after such parish shall have adopted this act, and according to the same forms of voting as are hereinbefore prescribed for the election of the said vestry : provided always, that no person shall be eligible to fill the said office of auditor of accounts, who shall not be qualified according to the provisions of this act, as hereinbefore stated, to fill the office of vestryman for the said parish ; and provided always, that no person shall be eligible to fill the said office of auditor of accounts who shall be one of the vestry for the said parish ; and if any person on the day of annual election shall be chosen to be both a member of the vestry and an auditor of accounts, the said vestry at their first meeting after such election shall declare the said person incapable of acting as vestryman: provided also, that no person shall be eligible to fill the said office of auditor of accounts who shall be interested, either directly or indi- rectly, in any contract, office, business, or employ, or in providing or supplying any materials or articles for the parish for which he is to serve ; and any person who shall be discovered, after his election, to be so interested, shall cease to be an auditor. "XXXIV. And be it farther enacted, that the aforesaid auditors of accounts shall meet twice at least in each year, at the board room of the vestry, and (a majority of the said auditors being present at such meetings) shall proceed to audit the accounts of the said vestry for the preceding half year, in presence of the vestry clerk ; and the said vestry are hereby required, by their said clerk, to pro- duce and lay before the said auditors at every such meeting a true and just state- ment or account in writing, accompanied with proper vouchers, of all sums of money which may have come to the hands of the said vestry or of their treasurer, and also of all monies paid, laid out, or expended by them, or by any churchwar- dens, overseers, surveyors, or other persons by them employed, and responsible to the said vestry, since the last period up to which the accounts of the said vestry were audited ; and in all parishes in which other boards shall have control over any part of the parochial expenditure, the said auditors shall have the same power of examining the accounts and officers thereof as of examining the accounts and officers of the vestry, and shall audit the accounts (1) of the said boards in the same manner as they audit the accounts of the said vestries. ( 1 ) Shall audit the accounts : — In Rex v. E. 535,) where a mandamus to account before c« 60* cited that the auditors "duly appointed and acting under and by virtue of an act," &c, "in exercise of the powers given to them by the said act," had summoned the parties to account : it was held, that, in a mandamus for this purpose, it was not necessary to state more fully the adoption of the act by the parish, and the due appointment of the au- ditors. The statute enacts that the auditors "shall meet twice at least in each year, at the board room of the vestry, and (a majority of the said auditors being present at such meet- ings,)" shall audit the accounts of such ves- try ; and the vestry are required, " at every such meeting," to produce a true account in writing, &c. And the auditors are to have the same power of examining the accounts of certain other boards, and are to audit them in the same manner. A mandamus issued, calling upon a board to attend with, and pro- duce to the auditors, their accounts, at such time and place, or at such times and places, as a majority of the auditors might appoint, and then and there give such information as to the accounts as they might be enabled to give, according to the directions of the act. On return to such mandamus, and conci- lium obtained on the part of the crown : it was held, that the mandamus exceeded the authority given by the act ; and that the court could not in part enforce it, by a pe- remptory mandamus limited as to the place of meeting. And the court quashed the man- damus: Lord Denman observing, "It is quite clear that we cannot grant a peremptory man* damus calling on these parties to do what they are not obliged to do by law. The man- damus requires the trustees to do a particu- lar act, that is, to attend with, and produce to the auditors, their accounts, in any place and at any time that a majority of the auditors may think fit to appoint. The auditors had no power to make such a requisition. It may be that the power, if exercised, would not be abused, but we cannot call upon these parties to obey a demand made in terms which are contrary to the restriction of the statute. It is said that the generality of the demand is qualified by the words, " accord- ing to the directions of the said act ;" but it cannot be so qualified by an expression which would require the parties to whom the writ is directed to look into an act of parliament. It is contended, that the requisition of the writ may be partly good and partly bad, and that the valid part may be enforced ; and it is true that, in Rex v. Leicester {The Jus- tices of), (4 B. &C. 891,) on a motion being made for a mandamus, requiring more than the court thought fit to be demanded, a rule was granted in less comprehensive terms, adopting that part of the motion which the court thought good. But here the thing which we are required to enforce is irregular. The court said there, that they would mould the rule so as to meet the justice of the case. But here it is not a rule, but the writ itself, that is before us. We must enforce it in the terms in which it has issued, or not at all." In Rex v. St. Pancras (Church Trus- tees of), (6 A. & E. 314,) it was held, that trustees appointed under a local act for build- ing a new parish church, with power to make rates for that purpose and for discharging debts to be incurred under the act, are liable to account before parochial auditors ap- pointed under the Vestry Act, Stat. 1 & 2 Gul. 4, c. 60, as a board having control over part of the parochial expenditure ; though the local act requires such trustees to keep an account of the assessments, receipts, and payments under the act, to be examined and allowed once a year at quarter sessions; and though, by the same act, their accounts are open to inspection (on payment of Is.) by any person liable to the above rates. A mandamus calling on such trustees to produce before the auditors "the accounts" (without limit as to time) kept by them under the local act, and requiring the clerk to the trustees to produce the books of account which may concern the above accounts, was held to be bad, as exceeding the authority given by Stat. 1 & 2 Gul. 4, c. 60, ss. 34 & 35 ; although such mandamus began by re- citing a demand made by the auditors upon the trustees in terms conformable to the act, and a refusal to comply with such demand: Lord Denman stating, "Two objections were made to the writ. The former rested upon grounds either urged against the original issuing of the writ, or applicable to it, and which might then have been urged. We have considered this part of the argument with much attention ; but we see no reason to depart from the opinion which we formed upon the previous discussion, and we adhere to the judgment given upon that occasion, and which was not come to without much consideration. The judgment will be found in 5 N. & M. 223. [S. C. Rex v. St Pan- cras (Church Trustees of), 6 A. & E. 321, n. (a).] It is unnecessary to add anything to what is there laid down. " The second objection arose upon the mandatory part of the writ, which was alleged to go farther than was warranted either by the recitals of the writ, or by Stat. 1 & 2 Gul. 4, c. 60, ss. 34, 35, under which the writ had issued. The writ recites that the trustees had been called on to lay before the auditors of the parish a true and just state- ment or account in writing, accompanied with proper vouchers, of all sums which might have come to their hands, and all monies paid and expended, within the half year preceding the 31st of May then last past; and the recital also states, that the clerk had been required to bring all books of account, writings, papers, and documents which might concern the said accounts. Now, by the thirty-fourth section of that act, the auditors are to meet twice at least in each year, and to have laid before them a true and just statement or account in writ- ing, accompanied with proper vouchers, of 1480 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 1 & 2 Gul. 4, c. 60. Auditors may call for persons and books. Accounts to be signed by auditors. Accounts, after audit, to be open to inspection. Abstracts of accounts to be published fourteen days after being audited. Vestry to make out and pub- lish yearly a list of estates, charities, and bequests, &c. with the appli- cation thereof. them, or by the clerk of the vestry of any parish adopting this act, any parish officer or other porson or persons whatsoever concerned in the said accounts, and to require of him or her or them to attend the said auditors at any meeting or adjourned meeting, and to bring with them all books of accounts, writings, papers, and documents required, which may concern the said accounts, and to give such information as to the particulars of such accounts as he, she, or they shall be enabled to give ; and any parish officer or other person refusing so to attend, or otherwise wilfully obstructing the purposes of such inquiry, shall be deemed guilty of a misdemeanour. " XXXVI. And be it further enacted, that the said accounts, when audited and approved by the said auditors, or by the major part of them, shall be by them signed in the presence of the clerk of the aforesaid vestry of any parish adopting this act, and the said clerk of the vestry shall also affix his signature to the same ; and it shall be lawful for the aforesaid auditors to subjoin such remarks thereto as to them shall seem meet. " XXXVII. And be it further enacted, that the said accounts, when so audited and signed, shall remain at the office of the clerk of the said vestry ; and that the said accounts shall after such audit be open and accessible for the examination, at all seasonable times, of any person rated to the relief of the poor of the said parish, and of any creditor on the rates thereof : provided always, that nothing in this act contained relative to the appointment and duty of auditors shall debar the parish- ioners from any remedy by them before possessed by the law of the land. " XXXVIII. And be it further enacted, that an abstract of the accounts of all monies received and disbursed by the vestry in any parish adopting this act shall twice in every year, within fourteen days after the same shall have been audited in manner in this act mentioned, be made out by the said vestry, either in writing or in print, and a copy of such abstract shall be delivered to all persons applying for the same, and rated or assessed to the relief of the poor of the said parish, such person paying one shilling for the same ; and which copies the said clerk is hereby required to cause to be published either in writing or print, and distributed accordingly. " XXXIX. And be it further enacted, that in any parish adopting this act the vestry shall cause to be made out, once at least in every year, a list of the several freehold, copyhold, and leasehold estates, and of all charitable foundations and bequests, if any, belonging to the said parish, and under the control of the said vestry, the said list to contain a true and detailed account of the place where such estate or charitable foundation may be situate, or in what mode and security such bequest may be invested, specifying also the yearly rental of each, and the parti- cular appropriation thereof, together with the names of the persons partaking of their benefit (except where such benefit shall be allotted to the poor of the parish generally), and to what amount in each case, and also stating the name and description of the persons in whom such estates are vested, and the names and description of the trustees for each charity : provided always, that the aforesaid list shall be open for the inspection of the rate- payers, at the office of the vestry all sums of money that may have come to the hands of the parties, or been laid out, since the last period up to which the accounts were audited : and the power given by sect. 35 to require the production of books, &c, is limited to such as ' concern the said ac- counts.' And, by sect. 37, all those accounts, after auditing and signing, are to be depo- sited at the vestry clerk's office. The limited nature of the requisition in this case was much insisted upon in the argument for the rule, and was indeed material to obviate the objection of inconsistency between the pro- vision of this statute and that of the local act of 56 Geo. 3, under which the trustees are appointed ; but the mandatory part of the writ commands them to produce ' the accounts ' kept by them under the act of 56 Geo. 3, and also those kept by them under the act of 1 & 2 Geo. 4, as trustees as afore- said, and commands the clerk to bring with him the books of account, writings, papers, and documents, which may concern ' the said accounts' kept by the said trustees. These general words would certainly not be satisfied by obeying the limited requisition stated in the recital, to which alone the refusal of the trustees applies, and to which alone in our opinion the statute of 1 & 2 Gul. 4 extends. For this reason we think the writ cannot be sustained. The mandamus must, therefore, be quashed." STATUTA GULIELMI IV. A.D. 1830—1837. 1481 clerk, at the same time with the accounts, when audited according to the provisions of this act. " XL. Provided always, and be it further enacted, that this act or anything therein contained shall not extend or be construed to extend to invalidate or avoid any ecclesiastical law or constitution of the church of England, save and except so far as concerns the appointment of vestries, or to destroy any of the rights or powers belonging to the archbishops, bishops, deans, or other of the clergy of the said established church, either as individuals or as corporate bodies, or in anywise to abridge or control their ordinary jurisdiction over or relating to any matter or thing respecting the ministers thereof. " XLI. And in order to remove doubts as to the meaning of certain words in this act, be it enacted, that the word 'justice' shall be deemed to mean justice of the peace; and that the words ' person' and 'party' shall be deemed to include any number of persons or parties; and that the words 'justices of the peace of the county or city' shall be deemed to include justices of the peace of any division of a county, liberty, division of a liberty, precinct, county of a city, county of a town, cinque port, or town corporate ; and that the word ' parish' shall be deemed to include any liberty, precinct, township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor ; and that the word ' rate-payers' shall include ' ley-payers ;' and that the meaning of the several words in this act shall not be restricted, although the same may be subsequently referred to in the singu- lar number or masculine gender only. "XL1I. And be it further enacted, that the words 'church or chapel,' inso- much as regards the affixing of notices as by this act directed, shall be deemed to include all places of religious worship according to the forms of the established church; and that in any parish or place not having a parish church or chapel as aforesaid the said notices shall be affixed to some public building within the limits of the said parish or place. ** XLIII. Provided always, and be it further enacted, that nothing in this act c ontained shall extend to any parish not being within or being part of any city or town, hi which parish there shall not be a greater number than eight hundred persons rated as householders, and having paid the rates for the relief of the poor within the year preceding that in which the provisions of this act may be desired to be put in execution within such parish. " XLIV. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, jus- tice.-, and others, without the same being specially pleaded." Stat. 1 & 2 Gul. 4, c. 60. Saving of ecclesiastical jurisdiction. Meaning of terms used in this act. As to affixing notices. Act not to ex- tend to parishes where not more than 800 rate payers, ex- cept in cities or towns. Public act. XXIV. Stat. 1 & 2 Gulielmi 4, cap. lxxv. A.D. 1831. Stat t & 2 'An Act to repeal in part an Act passed in the Parliament of Ireland in the GuL- 4> CAP- thirty-second year of the Reign of King George the Third, relating to a por- LXXV' tion of the Lands of Ballinaspeg, near the City of Cork, belonging to the See of Cork; a fid to enable the Bishops of that See to demise the same under certain Restrictio?is." XXV. Stat. 2 Gulielmi 4, c. 7. [Ireland.] A.D. 1832. Stat 2 Gui "An Act for the Relief of His Majesty's Subjects in Ireland, being Protestants *. «*. 7. [Ir-] of the Established Church, and to repeal an Act passed in the Parliament of Ireland in the thirty-third year of the Reign of His Majesty King George the Third, intituled, An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test." " Whereas an act was passed in the parliament of Ireland in the nineteenth and 19 & 20 Geo. twentieth years of the reign of his majesty King George the Third, intituled, ' An 3. [Ir.] Act for the Relief of His Majesty's faithful Subjects, the Protestant Dissenters of this Kingdom, and to repeal a Clause in the Act of the second of Queen Anne, intituled, " An Act to prevent the further Growth of Popery," as far as the same relates to the Protestant Dissenters,' whereby, after reciting 'a certain clause of an 1482 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 2 Gul. 4, c. 7. [Ir.] 2 Ann. [Ir.] 33 Geo. 3. [Ir.] Recited act of 33 Geo. 3, repealed. Recited act of 19 & 20 Geo. 3, to extend to protestants and dissenters alike. Persons now in possession of any office which hereto- fore required the taking of the sacrament, confirmed in such posses- sion, and indemnified from penalties. act made in the said parliament of Ireland in the second year of the reign of her majesty Queen Anne, intituled, * An Act to prevent the further Growth of Popery, it was enacted, that all and every person or persons, being protestants, should and might have, hold, and enjoy any office or offices, civil or military, and receive any pay, salary, fee, or wages belonging to or by reason of such office or place, notwith- standing he shall not receive or have received the sacrament of the Lord's supper, as in the said recited clause is prescribed, without incurring any of the penalties in the said acts or any other act enacted, for or in respect of his neglect of receiving the same : and whereas by an act made in the said parliament of Ireland in the thirty-third year of the reign of his said majesty King George the Third, intituled, ' An Act to remove some Doubts respecting Persons in Office taking the Sacra- mental Test,' it was declared and enacted, that the said act of the nineteenth and twentieth years of his majesty King George the Third did not and doth not extend, and shall not be deemed, taken, and construed to have extended, to protestants of the church of Ireland as by law established, but to protestant dissenters only : and whereas it is not expedient that protestants, being members of the established church, should be subjected to any test from which protestant dissenters are exempt ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the said recited act passed in the thirty- third year of the reign of his majesty King George the Third shall be and the same is hereby repealed from and after the passing of this act. " II. And be it further declared and enacted, that the said act of the nineteenth and twentieth years of the reign of his majesty King George the Third doth and shall be deemed and taken and construed to extend and to have extended to protestants of the church of Ireland as by law established and to protestant dissenters alike. "III. And be it further enacted, that all persons being protestants of the established church, and now in the actual possession of any office, command, place, trust, service, or employment, or in the receipt of any pay, salary, fee, or wages in respect of or as a qualification for which, by virtue of or under the before-men- tioned act of the second year of the reign of her majesty Queen Anne, or any other act or acts, they respectively ought to have heretofore taken or ought hereafter to receive the said sacrament of the Lord's supper, or to file a certificate thereof, shall be and they are hereby confirmed in the possession and enjoyment of the said several offices, commands, places, trusts, services, employments, pay, salaries, fees, and wages respectively, notwithstanding their omission or neglect to take or receive the sacrament of the Lord's supper, or to file such certificate thereof, and shall be and are hereby indemnified, freed, and discharged from all incapacities, disabilities, forfeitures, and penalties whatsoever already incurred or which might hereafter be incurred in consequence of any such omission or neglect ; and that no election of or act done or to be done by any such person, or under his authority, and not yet avoided, shall be hereafter questioned or avoided by reason of any such omission or neglect, but that every such election and act shall be as good, valid, and effectual as if such person had duly received the said sacrament of the Lord's supper and filed such certificate in the time and manner prescribed by the said act of the second year of the reign of her majesty Queen Anne ; anything in the said act, or in any other act or acts, to the contrary hereof notwithstanding." Stat. 2 Gul. 4, c. 9. [Ir.] XXVI. Stat. 2 Gulielmi 4, c. 9. [Ireland.] A.D. 1832. "An Act to amend two Acts passed in the fifty-eighth and fifty-ninth years of the Reign of His Majesty King George the Third, for establishing Fever Hospitals, and for preventing Contagious Diseases in Ireland." STATUTA GULIELMI IV. A.D. 1830-1837. 1483 XXVII. Stat. 2 Gulielmi 4, c. 40. A.D. 1832. "An Act to amend the Laws relating to the Business of the Civil Departments of the Navy, and to make other Regulations for more effectually carrying on the Duties of the said Departments" " XXXII. And be it further enacted, that if any person shall forge or falsely make any certificate to be given under the authority of this act, by the commis- sioners for executing the office of lord high admiral, or any of them, or by any superintendent, of the purchase or sale of any naval or victualling stores, or shall utter or publish any false or altered certificate of any such purchase or sale, know- ing the same to be false ; or if any person shall take a false oath, or make a false affirmation, or give false evidence before any commissioner or commissioners for executing the office of lord high admiral aforesaid, or before any superintendent or inspector of seamen's wills, touching any matter which the said commissioners or any of them, or any superintendent or inspector, are or is authorized to inquire into ; every such person being duly convicted of any such offence or offences shall be liable to suffer such punishment, pains, and penalties as persons guilty of wilful and corrupt perjury are by law subject to. " XXXIII. And be it further enacted, that the petition for probate of will or letters of administration of the effects of any deceased petty officer or seaman, or non-commissioned officer of marines, or marine, or for obtaining a check or certifi- cate in lieu of probate or letters of administration in cases of claims where the deceased's assets shall not exceed thirty-two pounds and twenty pounds respec- tively, shall be addressed to the inspector of seamen's wills, and shall be forwarded to the secretary of the admiralty; and if any person shall subscribe, transmit, utter, or publish any false petition or application to the said inspector, knowing the same to be false, in order to obtain or to enable any other person to obtain any check or certificate in lieu of probate or letters of administration as aforesaid, every person so offending shall be deemed guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years nor less than one year." Stat. 2 Gul. 4, c. 40. Punishment for forging certificates, and for false oaths. Punishment for sending false petitions to obtain the inspector's certificate. XXVIII. Stat. 2 Gulielmi 4, c. 41. [Ireland.] A.D. 1832. 'An Act to facilitate the Recovery of Tithes in certain cases in Ireland, and for Relief of the Clergy of the Established Church." Stat. 2 Gul. 4, c. 41. [Ir.] XXIX. Stat. 2 Gulielmi 4, c. 42. A.D. 1832. "An Act to authorise, (in Parishes inclosed under any Act of Parliament,} the letting of Poor Allotments in small Portions to industrious Cottagers." " Whereas in parishes inclosed under acts of parliament there are in many cases allotments made for the benefit of the poor, chiefly with a view to fuel, which are now comparatively useless and unproductive ; and whereas it would tend much to the welfare and happiness of the poor if those allotments could be let at a fair rent, and in small portions, to industrious cottagers of good character, while the distri- bution of fuel might be augmented by appropriating the said rents to the purchase of an additional quantity ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for the trustees of the said allotments, toge- ther with the churchwardens and overseers of the poor in parish vestry assembled, and they are hereby required, to let portions of any such allotment, not less than one fourth of a statute acre, and not exceeding one such acre, to any one indivi- dual, according to their discretion, as a yearly occupation from Michaelmas to Michaelmas, (and at such rent as land of the same quality is usually let for in the said parish,) to such industrious cottagers of good character, being day labourers or Stat. 2 Gul. 4, c. 42. Trustees and parish officers in vestry as- sembled may let portions of poor allot- ments to industrious cottagers. 1484 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 Gul. 4, c. 42. Land to be duly cultivated. Vestry to be held annually to receive ap- plications. Order of vestry to authorize occupation. Payment of rent. If rent is in arrear, or land not duly culti- vated, tenant may be evicted. Power to recover posses- sion of land illegally held over, by sum- mary process. Arrears of rent, how to be recovered. journeymen legally settled in the said parish, and dwelling within or near its bounds, as shall apply for the same in the manner hereinafter mentioned. " II. Provided also, and be it further enacted, that the person hiring the same shall be held bound to cultivate it in such a manner as shall preserve the land in a due state of fertility. " III. And be it further enacted, that for the purpose of carrying this act into effect a vestry shall be held in the first week in September in every year, of which ten days' notice shall be given in the usual manner, at which vestry the trustees of the said allotments may attend and vote, if they shall so think fit, and at which vestry, or some adjournment thereof, any industrious cottager of good character who may desire to rent such portion of land as aforesaid may apply for the same ; and the said vestry are hereby required, taking into consideration the character and circumstances of the applicant, to determine the case, either by rejecting his application, or by making an order that he shall be permitted to occupy such por- tion of the poor allotment, being not less than one-fourth of a statute acre nor exceeding one such acre, as the said vestry in their discretion shall determine, and upon the terms hereinbefore enacted ; and the said order of vestry shall be held to all intents and purposes to be a sufficient title and authority to such applicant to enter into the occupation of such land at the time therein appointed. "IV. Provided always, and be it further enacted, that the rent shall be reserved and payable to the churchwardens and overseers of the poor, on behalf of the vestry, in one gross sum for the whole year, and shall be paid to one or either of them at the end of the year's occupation. " V. And be it further enacted, that if the rent of such portion of land shall at any time be four weeks in arrear, or if at the end of any one year of occupa- tion it shall be the opinion of the vestry that the land has not been duly culti- vated, so as to fulfil the useful and benevolent purposes of this act, then and in such case the churchwardens and overseers of the poor, or any or either of them, with the consent of the vestry, may serve a notice to quit upon the occupier of such portion of land ; whereupon the said occupier shall deliver up possession of the same to the churchwardens and overseers aforesaid, or any or either of them, within one week after the the said notice has been duly served upon him. " VI. And be it further enacted, that if any person to whom such portion of land as aforesaid shall have been let, for his or her occupation, shall refuse to quit and to deliver up possession thereof when thereto required according to the terms of this act, or if any other person or persons shall unlawfully enter upon or take or hold possession of any such land, it shall be lawful for the churchwardens and overseers of the poor, or any or either of them, to exhibit a complaint against the person so in possession of such land before two of his majesty's justices of the peace, who are hereby authorized and required to issue a summons, under their hands and seals, to the person against whom such complaint shall be made, to appear before them at a time and place appointed therein ; and such justices are hereby required and empowered upon the appearance of the defendant before them, or upon proof on oath that such summons has been duly served upon him, or left at his usual place of residence, or if there should have been any difficulty in finding such usual place of residence, then upon proof on oath of such difficulty, and that such summons has been affixed on the door of the parish church of the said parish in which such land is situated, and in any extra-parochial place on some public building or other conspicuous place therein, to proceed to hear and deter- mine the matter of such complaint, and if they shall find and adjudge the same to be true, then by warrant under their hands and seals to cause possession of the land in question to be delivered to the churchwardens and overseers of the poor, or to some of them. " VII. And be it further enacted, that all arrears of rent for the said portions of land shall be recoverable by the churchwardens and overseers of the poor, or any of them, on behalf of the vestry, by application to two of his majesty's justices of the peace in petty sessions assembled, who shall thereupon summon the party complained against, and after hearing what he has to allege, should they find any STATUTA GULIELMI IV. A.D. 1830—1837. 1485 rent to be due, they are required to issue a warrant under their hands and seals to levy the- same upon the goods and chattels of the person from whom the said rent shall be due and owing. " VIII. And be it further enacted, that the rent of the said portions of land shall be applied by the vestry in the purchase of fuel, to be distributed in the winter season among the poor parishioners legally settled and resident in or near the said parish. " IX. And be it further enacted, that if any of the said allotments shall be found to lie at an inconvenient distance from the residences of the cottagers, it shall be lawful for the vestry by an order made to that effect to let such allotment, or any part thereof, for the best rent that can be procured for the same, and to hire in lieu thereof for the purposes of this act land of equal value more favourably situated. " X. And be it further enacted, that no habitations shall be erected on the portions of land demised under this act, either at the expense of the parish or by the individuals renting the same. u XI. And whereas by two acts of the first and second years of the reign of his present majesty, intituled, ' An Act to amend an Act of the fifty-ninth year of His Majesty King George the Third, for the Relief and Employment of the Poor,' and the other intituled, 'An Act to enable the Churchwardens and Overseers to inclose Lands belonging to the Crown, for the Benefit of poor Persons residing |in the Parish in which such Crown Land is situated,' power is given, under certain restrictions, to inclose any quantity not exceeding fifty acres of waste land and crown land respectively, for the use and benefit of the poor ; be it further enacted, that in any parish where such inclosure shall exist or shall hereafter take place, or where any land shall in any other manner be found appropriated for the general benefit of the poor of any parish, then and in such cases the powers and pro- visions of this act shall be held to apply, in so far as the same may be found applicable." Stat. 2 Gul. 4, c. 42. Application of rent. Power to exchange for greater con- venience of cottagers. No habitations to be erected. Extending powers and provisions of this act to I & 2 Gul. 4, ce. 42 & 59. XXX.r Stat. 2 Gulielmi 4, c. 57. A.D. 1832. "An Act to continue and extend the Provisions of an Act passed in the fifty-ninth year of His Majesty King George the Third, for giving additional Facilities in Applications to Courts of Equity (1), regarding the Management of Estates or Funds belonging to Charities; and for making certain Provisions respecting Estates or Funds belonging to Charities." " Whereas by an act passed in the fifty-ninth year of the reign of his late majesty King George the Third, it was, amongst other things, enacted, that when- ever, upon any examination or investigation taken or had by and before the commissioners appointed or to be appointed under the authority of certain acts of the fifty-eighth and fifty-ninth years of his said late majesty thereinbefore men- tioned, any case should arise or happen in which it should appear to the said commissioners that the directions or orders of a court of equity were requisite for the remedying of any neglect, breach of trust, fraud, abuse, or misconduct in the management of any trust created for any charitable purposes as thereinbefore men- tioned, or of the estates or funds thereunto belonging, or for the regulating the administration of any such trust, or of the estates or funds thereof, it should and might be lawful for the said commissioners, or any five or more of them, if they should think fit, to certify the particulars of such case in writing under their hands to his majesty's attorney-general, and thereupon it should be lawful for his majesty's attorney-general, if he should so think fit, either by a summary applica- Stat. 2 Gcl. 4, c. 57. (1) Additional Facilities in Applications to Courts of Equity: — In re The Fowey Cha- rities, (4 Beav. 225,) .on the petition of the attorney-general, a reference was made un- der Stat. 2 Gul. 4, c. 5*7, to appoint new trustees of a charity, to settle a scheme, and to ascertain the property, and in whom the legal estate was vested. The registrar in the first instance objected to draw up the order, on the grounds, that such an order could only be obtained on petition, under Stat. 52 Geo. 3, c. 101, but the master of the rolls consi- dered such objection to be unfounded. 148G STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 Gul. 4, c. 57. 1 &2 Gul. 4; c. 34 Commissioners appointed un- der recited act of 3 & 2 Gul. 4, autho- rized to make certificates to the attorney- general as commissioners under former acts were em- powered to do. Attorney- general's cer- tificate to he evidence of particulars of cases having been duly cer- tified by com- missioners. Courts of Chancery or Exchequer empowered to direct convey- ances of cha- rity estates in certain cases. tion in the nature of a petition, or by information, as the case might require, to apply to or commence a suit in his majesty's high court of Chancery, or to or in his majesty's court of Exchequer sittiag as a court of equity, stating and setting forth the neglect, breach of trust, fraud, abuse, or misconduct, or other cause of complaint or application, and praying such relief as the nature of the case might require ; and after such petition should have been presented or suit instituted, such proceedings were to be had thereupon as in the said act now in recital mentioned : and whereas the powers of the said commissioners expired on the first day of July, one thousand eight hundred and thirty, and many charities still remain to be investigated : and whereas an act was passed in the last session of parliament, inti- tuled, 4 An Act appointing Commissioners to continue the Inquiries concerning Charities in England and Wales for two Years, and from thence to the End of the then next Session of Parliament/ whereby his majesty was empowered to issue a commission, enabling the commissioners therein to be named to investigate such remaining charities : and whereas it is expedient that the provisions of the said recited act of the fifty-ninth year of the reign of his said late majesty should be continued in manner hereinafter mentioned ; and it is also expedient to facilitate the proofs in proceedings instituted or to be instituted under the said last-men- tioned act, or of this act, in manner hereinafter mentioned: and whereas it is expedient to make such provisions respecting estates or funds belonging to chari- ties as hereinafter mentioned : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for the said commissioners appointed or to be appointed under the authority of the said act of the last session of parliament, or under the authority of any act to be hereafter passed for the like purpose, or any five or more of them, to make such certificates from time to time to his majesty's attorney-general as the commissioners appointed under the authority of the said acts of the fifty-eighth and fifty-ninth years of the reign of his said late majesty were empowered to do ; and thereupon such proceedings shall or may be had and taken as were authorized or directed by the said recited act of the said fifty-ninth year of his said late majesty's reign, in the same manner to all intents and purposes as if the provisions of that act, as to such certificates and proceedings, were embodied in and re-enacted by this act. " II. And be it further enacted, that in all cases of proceedings instituted or to be instituted by his majesty's attorney-general in pursuance of the said recited act of the fifty-ninth year of his said late majesty's reign, or of this act, the production to the court of a certificate under the hand of his majesty's attorney-general, stating that the particulars of the case in question, in writing, have been certified to his majesty's attorney-general for the time being according to the provisions of the said recited act of the fifty-ninth year of his said late majesty, or of this act, as the case may be, shall be deemed sufficient evidence that such particulars have been duly certified to his majesty's attorney -general accordingly, to and for all intents and purposes whatsoever. " III. And be it further enacted, that where the person, or all the persons, if more than one, in whom any lands, hereditaments, rent charge, or other real pro- perty may have been vested in trust for any charity or charitable or public purpose, shall be dead, it shall be lawful for the said court of Chancery or the said court of Exchequer {I), on the petition of his majesty's attorney-general, or of the persons or body administering such charity or superintending such public purpose, or of any person on behalf thereof, to direct any master or other officer of the said courts respectively to cause two successive advertisements to be inserted in the London Gazette, and in one or more of the newspapers circulated in the county, city, or place where such land, hereditaments, or real property, or the lands or heredita- ments out of which such rent charge is issuing, shall be situated, giving notice that the representative or representatives of the person of the last survivor of the per- (1) Court of Exchequer -.—Vide Stat. 5 Vict. c. 5, ss. 1 & 2. STATUTA GULIELMI IV. A.D. 1830—1837. 1487 sons in whom any land, hereditaments, rent charge, or other real property may have been vested in trust as aforesaid do within twenty-eight days appear or give notice of his or their title to such master or other officer, and prove his or their pedigree or other title as trustee ; and if no person shall appear to give such notice within such twenty-eight days, or the person or persons who may appear or give such notice shall not within thirty-one days after such appearance or notice prove his or their title to the satisfaction of such master or other officer, then and in such case it shall be lawful for the said courts respectively to appoint any new trustees for such charity or charitable or public purpose, in case no trustees for such charity or purpose duly appointed shall then be existing ; and such land, hereditaments, rent charge, or other real property may be conveyed to such new trustees when so appointed by the said courts respectively, or to the existing trustees previously duly appointed, as the case may be, by any person whom the said courts respec- tively may direct for that purpose by virtue of the provisions in this act, without the necessity of any decree. " IV. And be it further enacted, that whenever it shall appear to the said com- missioners to be appointed under the authority of the said act of the last session of parliament, that the property belonging to any charity consists only of one or more annuity or rent charge, annuities or rent charges, not exceeding in the whole the yearly sum of twenty pounds, and that there are no existing trustees or persons legally qualified to receive and give an effectual discharge for such annuity or rent charge, annuities or rent charges, it shall and may be lawful for any five of the said commissioners, by writing under their hands and seals, to empower the resi- dent minister and the churchwardens or chapelwardens for the time being of the parish or place interested in such charity, in case only one parish or place is so interested, but if more than one parish or place is so interested, then the resident minister and the churchwardens or chapelwardens of some one of the parishes or places interested, to receive the said annuity or rent charge, annuities or rent charges, or any arrears thereof, and to apply the same according to the purposes of the chari- table donations or bequests thereof, in the same manner as the trustees of the said charity would have been bound to do ; and the power so to be given to such mini- ster and churchwardens or chapelwardens shall remain in force until trustees of the said charity duly appointed shall appear and claim the administration of the funds thereof, or until trustees of the said charity shall be appointed by the court of Chancery or court of Exchequer ; and all receipts to be given by such minister and churchwardens or chapelwardens shall be effectual discharges to the persons liable to the payment of such annuities or rent charges for all such sums as in such receipts shall be expressed to have been received in respect thereof ; and in case of nonpayment of such annuities or rent charges, or any arrears thereof, it shall and may be lawful for such minister and churchwardens or chapelwardens respectively, during the continuance of the power to be given to them by virtue of the provi- sions of this act, to use and exercise all such powers and remedies for recovering and compelling payment of the said annuities or rent charges, and the arrears thereof, as the trustees of the said charities respectively might or could have done if duly appointed." Stat. 2 Gul. 4, c. 57. For empower- ing resident ministers and churchwardens to receive rent-charges belonging to charities, where there are no existing trustees. XXXI. Stat. 2 Gulielmi 4, c. 61 (1). A.D. 1832. Stat. 2 Gul. "An Act to render more effectual an Act passed in the fifty-ninth year of His late 4' c' 61* Majesty King George the Third, intituled, An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes." "Whereas an act was passed in the fifty-ninth year of the reign of his late 59 Geo. 3, c. majesty King George the Third, intituled, 'An Act to amend and render more In- effectual an Act passed in the last Session of Parliament, for building and pro- moting the building of additional Churches in populous Parishes,' whereby it is (1) Vide Stat. 7 Gul. 4 & 1 Vict. c. 75 ; c. 49 ; Stat. 3 & 4 Vict. c. 20, s. 5 ; and Stat. 1 & 2 Vict. c. 107 ; Stat. 2 & 3 Vict. Stat. 3 & 4 Vict. c. 60. 1488 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 Gtjl. 4, c. 61. Chapels within exempt or peculiar juris- dictions to be subject to the bishop within whose diocese the altar is locally situate. (amongst other things) enacted, that it should be lawful for the commissioners appointed f.or the execution of the therein recited act, with certain consents in the now reciting act mentioned or referred to, to unite and consolidate contiguous parts of parishes and extra-parochial places into a separate and distinct district for all ecclesiastical purposes, and to make grants or loans towards the building of any chapel or chapels in any such district, and to constitute any such district a conso- lidated chapelry ; and that all such chapelries should be deemed to he benefices, and be subject to the jurisdiction of the bishop and archdeacon within whose dio- cese and archdeaconry the altar of such chapel should be locally situate ; and whereas doubts have arisen touching such jurisdiction in the case of chapels or districts situated wholly or in part within exempt or peculiar jurisdictions; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that every such chapel and district, whe- ther situated wholly or in part within any exempt or peculiar jurisdiction, shall be subject to the jurisdiction of the bishop and archdeacon within the limits of whose diocese and archdeaconry the altar of any such chapel shall be locally situate, in as full and ample a manner as it would be if no part of such chapelry were within some exempt or peculiar jurisdiction ; and in every such case all other ecclesiastical jurisdiction over the said chapel and chapelry shall wholly cease, and no other such jurisdiction shall be exercised in the said chapelry, save and except the jurisdiction of the bishop and archdeacon as aforesaid ; any law, usage, or custom to the contrary notwithstanding." Stat. 2 & 3 Gul.4,cap.x. XXXII. Stat. 2 & 3 Guliet.mi 4, cap. x. A.D. 1832. "An Act for better assessing and collecting the Poor and other Parochial Rates (1), and for the better Maintenance and Employment of the Poor of the Parish of Saint Margaret, in the Borough and County of Leicester." [Saving the rights of the Bishop of Lincoln, and the prebendary of the church, and others having ecclesiastical jurisdiction (2) over the church.] yet it was held to lie to the churchwardens, &c, of two united parishes, under Stat. 10 Ann. c. 11, to assemble a meeting, pursu- ant to sect. 24, for the purpose of agreeing upon and ascertaining the monies and rates to be assessed for the repair of the church of one of those parishes. Rex v. St. Margaret and St. John, Westminster {Churchwardens of), 4 M. & S. 250. (2 ) Ecclesiastical jurisdiction : — Where an act of parliament directs a body, created by the act, to levy church rates, the court of Queen's Bench will compel them, by man- damus, to levy the rate, and will not confine the writ to ordering the body to assemble for the purpose of determining whether they will levy the rate or not; notwithstanding that the act may contain a clause reserving all ecclesiastical jurisdiction, if it appear, from the rest of the act, that the temporal court was intended to have at least concurrent ju- risdiction.— As in the act for St. Margaret's> Leicester, Stat. 2 Gul. 4, cap. x., which gives powers of laying the rates, to an annually chosen select vestry, (excluding the ordinary authorities,) and of levying the rates by dis- tress and sale, authorizes the select vestry to rate other than occupiers, and to compound and make allowances with certain parties rated, and gives an appeal against rates, &c, first to such select vestry, then to quarter sessions. Regina v. St. Margaret, Leicester (The Select Vestrymen of), 8 A. & E. 889. Where the churchwardens required the (1 ) Assessing and collecting the Poor and other Parochial Rates : — Where an act of parliament authorized and required a select vestry from time to time, as often as occasion required, to make rates for the relief of the poor and the repair of churches and highways in the parish : it was held, that they were not compellable to make a church rate upon demand, while the churchwardens refused to state the necessary amount, or to furnish any estimate of it, or to give to the vestry any information whereby they might ascertain it; (Regina v. St. Margaret, Lei- cester (The Select Vestry of), 10 A. & E. 730;) Lor&Denman observing: "The church- wardens are bound to make some estimate for the guidance of the vestry, or, at least, to give them information as to the amount of the current expenses and ordinary wants of the parishioners. The churchwardens have the best means of obtaining the proper information on these matters. They have a control over part of the church, and the general care and custody of the property be- longing to the parish. The statute has not altered their duties in this respect." In Rex v. Wilson, (5 D. & R. 602,) it was held, that a mandamus will not lie to churchwardens to make a church rate. Be- cause it is a subject of ecclesiastical jurisdic- tion. Rex v. St. Peter's, Thetford (Church- wardens of), 5 T. R. 364. But although a mandamus does not lie to the churchwardens to make a church rate, STATUTA GULIELMI IV. A.D. 1830—1837. 1489 XXXIII. Stat. 2 & 3 Gulielmi 4, cap. x. A.D. 1832. Stat. 2 & 3 CjrUL 4 CQ'D X "An Act for separating the Rectory of Easington, in the County and Diocese of Durham, from the Archdeaconry of Durham, and annexing, in lieu thereof a Prebend or Canonry founded in the Cathedral Church of Durham." XXXIV. Stat. 2 & 3 Gulielmi 4, cap. xvi. A.D. 1832. Stat. 2 & 3 Gul. 4, cap. "An Act for empowering the Trustees of the Blue-Coat Charity School in TV ar- xvi. rington, in the County of Lancaster, to make Sales, and to grant Building and Mining Leases of certain Parts of the Estates belonging to the said Chanty, and for other Purposes therein mentioned." XXXV. Stat. 2 & 3 Gulielmi 4, cap. xix. A.D. 1832. Stat. 2 & 3 "An Act to enable the Dean and Chapter of Durham to appropriate Part of the J^' 1 Cap' Property of their Church to the Establishment of a University in connexion therewith for the Advancement of Learning." XXXVI. Stat. 2 & 3 Gulielmi 4, cap. xx. A.D. 1832. Stat. 2 & 3 Gul. 4 7 CQJ), "An Act to authorize the Patrons or Patron for the time being of the Vicarage XX. of Aston Juxta, Birmingham, in the County of Warwick, to appropriate and assign any Part of the Tithes and Vicarial Dues belonging to the said Vicarage, or any Rent Charge issuing out of the same, for endowing certain new Churches vnthin the said Vicarage, if converted into District Parishes or Vicarages, and for selling the Advowsons of the same Churches or new Benefices." XXXVII. Stat. 2 & 3 Gulielmi 4, cap. xxvi. A.D. 1832. Stat. 2 & 3 "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Xxvi. ' CAP' Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate, within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith." XXXVIII. Stat. 2 & 3 Gulielmi 4, c. 63. A.D. 1832. Stat. 2 & 3 "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths UL* ' C' required for qualifying them to vote in any Election of the Peers of Scotland." XXXIX. Stat. 2 & 3 Gulielmi 4, c. 67. [Ireland.] A.D. 1832. Stat. 2 cS: 3 "An Act to amend an Act of the seventh and eighth years of the Reign of His |^L-j 4' °' late Majesty King George the Fourth, relating to the Union of Parishes in Ireland." " Whereas by an act passed in the seventh and eignth years of the reign of his 7 & 8 Geo. 4. late majesty King George the Fourth, intituled, 4 An Act to consolidate and amend c* 43- the Laws in force in Ireland for Unions and Divisions of Parishes, and for uniting or disappropriating Appropriate Parishes or Parts of Parishes, and to make further Provision with respect to the erecting Chapels of Ease and making Perpetual Cures/ it is among other things enacted, that from and after the passing of the said select vestry to lay a rate, or to do another could not be furnished for want of funds to act, which last request was illegal : it was held, pay a surveyor, and fixing an adjournment nevertheless, to be a good demand of the day, after which a mandamus could not have rate. Regina v. St. Margaret, Leicester ( The been obtained for some months ; the court held Select Vestrymen of), 8 A. & E. 889. the adjournments colourable, and equivalent Where a select vestry adjourned from time to a refusal ; it appearing, that a previous to time, on pretexts which the churchwar- select vestry had pursued the same course, and dens alleged, upon affidavit, to be, as they the present select vestry not satisfactorily believed, colourable, and merely intended to denying the imputed motive. Ibid. evade laying the rate, requiring details which 5 C 1490 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 2 & 3 Gul. 4, c. 67. [I*.] Guardians and committees of incapacitated patrons may consent to the separation of parishes. act it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, with the assent of the major part of his majesty's privy council, and with the advice and approbation of the archbishop of the province and the bishop of the diocese, and with the consent of the respective patrons certified under their hands and seals, attested by t wo or more credible witnesses subscribing thereto, to divide all parishes, or to separate any parish or part of a parish heretofore united, in whatever manner such union may have been effected ; and whereas no provision has been made in the said recited act for the consent of patrons in those cases in which the patrons may be either infant or lunatic, or married woman ; and whereas, in default of such provision, difficulties have arisen to the separation of parishes, which the lord lieutenant and privv council of Ireland, with the approbation of the archbishops and bishops of the respective dioceses, may deem it advisable to separate ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that if any patron or joint patron of a benefice shall at any time after the passing of this act prove to be a minor, lunatic, or idiot, it shall be lawful for the guardian or guardians of such patron being a minor, or for the committee of such patron being a lunatic or idiot, with the approbation in either case respectively of the Lord Chancellor of Ireland for the time being, to be ob- tained on petition made to him for that purpose, to give consent, on behalf of such patron, to the division of any parish, or the separation of any parish or part of a parish heretofore united, in as full and ample a manner as such patron being of full age and sound mind could have done under the said recited act of the seventh and eighth years of his late majesty ; provided always, that when the patron or patrons or joint patron or joint patrons of any such parish or parishes shall be a married woman or married women, it shall be lawful for such married woman or married women, as the case may be3 to signify and declare her or their consent in open court of Chancery in Ireland, to be there recorded and enrolled, and such consent so given and enrolled shall be valid and binding as if such married woman or married women were single or discovert." Stat. 2 & 3 Gul. 4. c. 71. Claims to right of com- mon and other profits a pren- dre, not to he defeated after thirty years' enjoyment by shewing the commence- XL. Stat. 2 Sz 3 Gpoelmi 4, c. 71. A.D. 1832. "An Act for shortening the Time of Prescription in certain Cases." " Whereas the expression, * Time Immemorial,' or 4 Time whereof the Memory of Man runneth not to the contrary,' is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice ; for remedy thereof be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any right of common or other profit (1) or benefit (2) to be taken and enjoyed from or upon any land of our sovereign lord the king, his heirs or successors, or any land being parcel of the duchy of Lancaster or of the duchy of Cornwall, or of any ecclesiastical or lay person, or body corporate, except such matters and things as are herein specially provided for, and except tithes (3), rent, and services {A), shall, where such right, profit, or benefit shall have been actually taken and enjoyed by any person claiming (1) Other profit:— As a toll. Hill v. Priour, 2 Show. 36. Rowe v. Brenton, 3 M. & R. 133. (2) Or benefit .—Ex. gr. an easement. Manning v. Wasdale, 1 N. & P. 172. 5 A. & E. 753. Partridge v. Scott, 3 M. & W. 220. Welcome v. Upton, 5 Ibid. 398. Wickham v. Hawker, 7 Ibid. 63. (3) Tithes : — Vide Stephens on Nisi Prius, tit. Tithes, 2612-2616. (4) Rent, and services : — Rent-service, rent-charge, rent-seek, (Co. Lit. 141 (b) ;) rents of assize, (2 Inst. 19,) including chief and quit-rents; and a fee-farm rent. Co. Lit. 143 (b), n. 5. Bradbury v. Wright. Doug. 627, n. 1. STATUTA GULIELMI IV. A.D. 1830— 1837. M91 riffht thereto without interruption (I) for the full period of thirty years, be defeated or destroyed by showing only that such right (2), profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated ; and when such right, profit, or benefit shall have been so taken and enjoyed as aforesaid for the full period of sixty years, the right thereto shall be deemed abso- lute and indefeasible, unless it shall appear that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. "II. And be it further enacted, that no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way (3), or other ease- mental), or to any watercourse (5), or the use of any water, to be enjoyed or derived upon, over, or from any land or water of our said lord the king, his heirs or successors, or being parcel of the duchy of Lancaster or the duchy of Cornwall, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated (6) in any other way by which the same is now liable to be defeated ; and where su ch way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. " III. And be it further enacted, that when the access and use of light (7) to and for any dwelling house, workshop, or other building (8) shall have been actually enjoyed (Q) therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing, " IV. And be it further enacted, that each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period next Stat. 2 & 3 Gul. 4. c. 71. ment; after sixty years' enjoyment the right to be absolute, un- less had by consent or agreement. In claims of right of way or other ease- ment the pe- riods to be twenty years and forty years. Claim to the use of light enjoyed for twenty years indefeasible, unless shown to have been by consent. Before-men- tioned periods (1) Interruption : —The "interruption" which defeats a prescriptive right under Stat. 2 & 3 Gul. 4, c. 71, is an adverse obstruc- tion, not a mere discontinuance of user by the claimant himself. In a case under sect. 1, if proof be given of a right enjoyed at the time of action brought, and thirty years be- fore, but disused during any part of the in- termediate time, it is always a question for the jury whether, at that time, the right had ceased, or was still substantially enjoyed. Carr v. Foster, 3 Q. B. 581. Vide Stephens on Nisi Prius, tit. Way, 2758-2773. Monmouth Canal Company v. Harford, 1 C. M. & R. 614. Bright v. Walker, 4 Tyrw. 502. 1 C. M. & R. 211. (2) Such right .—A licence, favour, or other matter, inconsistent with a claim, or assertion of right, may be proven. Camp, hell v. Wilson, 3 East, 294. (3) Any way: — Vide Stephens on Nisi Prius, tit. Way, 2758-2773 ; et etiam, Co. Lit. 56 (a). Ballard v. Dyson, 1 Taunt. 279. Osborn v. Wise, 7 C. & P. 761. Bar- raclough v. Johnson, 3 N. & P. 233. 2 Jurist, 839. (4) Other easement .- — Vide Manning v. Wasdale, 1 N. & P. 172. 5 A. & E. 758. Wickham v. Hawker, 7 M. & W. 63. (5) Watercourse: — Vide Bastard v. Smith, 2 M. & Rob. 129- 1 N. & P. 242. 5 A. & E. 827. (6) Such claim may be defeated: — An agreed alteration of a line of way, or a tem- porary non-user under an agreement of the parries, will not defeat a claim of a right of way, (Payne v. Shedden, 1 M. & Rob. 382;) nor is a prescriptive right of way to a public path on the banks of a navigable river destroyed by that part, which adjoins the towing path being converted into a float- ing harbour. Rex v. Tippett, 3 B. & A. 193. (7) Use of light: — Vide Stephens on Nisi Prius, tit. Case, 1002-1026. 2 Saund. 175 (d. e). Darwin v. Upton, cit. 3 T. R. 159 Cross v. Lewis, 2 B. & C. 686. 4 D. & R. 234. Flight v. Thomas, 11 A. & E. 688. Garriit v. Sharp, 3 Ibid. 325. Blanchard v. Bridges, 4 Ibid. 191. (8) Other building : — Vide Roberts v. Ma- cord, 1 M. & Rob. 230. Stephens on Nisi Prius, tit. Case, 1002-1026. (9) Actually enjoyed : — Vide Lawrence v. Obee, 3 Camp. 514. Moore v. Rawson, 3 B. & C. 332. 5 D. & R. 234. Stephens on Nisi Prius, tit. Case, 1002-1026. 5 C 2 1492 STATUTA GULIELMI IV. A.D. 1830-1 837. Stat. 2 & 3 Gul. 4, c. 71. to be deemed those next be- fore suits for claims to which such periods relate. In actions on the case the claimant may allege his right generally, as at present. In pleas to trespass and other plead- ings, where party used to allege his claim from time immemo- rial, the period mentioned in this act may be alleged ; and exceptions or other mat- ters to be re- plied specially. Restricting the presumption to be allowed in support of claims herein provided for. Proviso for infauts, &c. "What time to before (1) some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question, and that no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall he submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice (2) thereof, and of the person making or authorizing the same to be made (3). " V. And be it further enacted, that in all actions upon the case and other pleadings, wherein the party claiming may now by law allege his right generally, without averring the existence of such right from time immemorial, such general allegation^) shall still be deemed sufficient, and if the same shall be denied, all and every the matters in this act mentioned and provided, which shall be appli- cable to the case, shall be admissible in evidence to sustain or rebut such allega- tion; and that in all pleadings to actions of trespass (5), and in all other pleadings wherein before the passing of this act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done ; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evi- dence on any general traverse or denial of such allegation. " VI. And be it further enacted, that in the several cases mentioned in and provided for by this act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this act as may be applicable to the ease and to the nature of the claim (6). " VII. Provided also, that the time during which any person (7) otherwise capa- ble of resisting any claim (8) to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and inde- feasible. " VIII. Provided always, and be it further enacted, that when any land or (1) Period newt before : — A plea of user is bad on special demurrer, if it do not allege it to have been within the period next before the suit. Richards v. Fry, 3 N. & P. 67. (2) Shall have notice: — Direct, actual, and positive, when regularly and formally communicated ; constructive, when the pre- sumptions are so violent, that the court ought not to allow it to be controverted. Plumb v. Fluit, 2 Anst. 432. (3) Authorizing the same to be made : — Vide Bailey v. Appleyard, 8 A. & E. 161, 778 (a). Flight v. Thomas, 11 Ibid. 688. Welcome v. Upton, 5 M. & W. 398. (4) General allegation: — Vide Tebbutt v. Selby, 6 A. & E. 786. Wakeman {Bart.) v. West, 8 C. & P. 105. (5) Actions of trespass .— A plea justify- ing on account of an alleged right to light under a licence, ought to show in what man- ner the right arose. Bridges v. Blanchard, 3 N. & M. 691. (6) Nature of the claim : — A licence can- not be presumed, (Doe d. Foley v. Wilson, 11 East, 56,) or a right by prescription or grant, however strong the circumstances may tend to support it ; (Rex v. Wardroper, 4 Burr. 2025 ; Rex x. Dawes, Ibid. 2121 ; Bealey v. Shaw, 6 East, 214 ;) and if the plaintiff prescribe for pasture, the onus lies on him to prove affirmatively his actual en- joyment of pasture for thirty years ; and no presumption for a less period or proof of en- joyment can be admitted; (Bailey v. Apple- yard, 8 A. & E. 161 ; Ibid. 778 (a) ; 3 N. & P. 257 ;) but a right to a watercourse is not destroyed by the owner's altering its course. Hall v. Swift, 6 Scott, 167. 4 Bing. N. C. 381. Stephens on Nisi Prius, tit. Water and Watercourses, 2748-2757. (7) Any person : — There is not any saving in favour of persons beyond seas, or in prison. (8) Resisting any claim: — Vide Hinch- liffe v. Kinnoul (Earl of), 5 Bing, N. C. 19. STATUTA GULIELMI IV. A.D. 1830—1837. 1493 water upon, over, or from which any such way or other convenient watercourse or use of water shall have been or shall be enjoyed or derived hath been or shall be hold under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion (1) expectant on the deter- in in at ion thereof ( 2 ) . " IX. And be it further enacted, that this act shall not extend to Scotland or Ireland. " X. And be it further enacted, that this act shall commence and take effect on the first day of Michaelmas term now next ensuing. " XI. And be it further enacted, that this act may be amended, altered, or repealed during this present session of parliament.', Stat. 2 & 3 Gul. 4, c. 71. be excluded in computing the term of forty years appointed by this act. Not to extend to Scotland or Ireland. Commence- ment of act. Act may be amended. XLI. Stat. 2 & 3 Gulielmi 4, c. To (3). A.D. 1832. "An Act for regulating Schools of Anatomy" " XIII. Provided always, and be it enacted, that every such body so removed as aforesaid, for the purpose of examination, shall, before such removal, be placed in a decent coffin or shell, and be removed therein ; and that the party removing the same, or causing the same to be removed as aforesaid, shall make provision that such body, after undergoing anatomical examination, be decently interred in con- secrated ground, or in some public burial ground in use for persons of that religious persuasion to which the person whose body was so removed belonged ; and that a certificate of the interment of such body shall be transmitted to the inspector of the district within six weeks after the day on which such body was received as aforesaid." Stat. 2 & 3 Gul. 4, c. 75. How bodies are to be re- moved for examination. Provision for interment. XLI1. Stat. 2 & 3 Gulielmi 4, cap. lxxix. A.D. 1832. Stat. 2 & 3 "An Act for enlarging the Church of Saint Mary, in the Chapelry of Birken- GuL' 4' CAP' head, in the County Palatine of Chester." XLIII. Stat. 2 & 3 Gulielmi 4, c. 80. A.D. 1832. Stat. 2 & 3 "An Act to authorize the identifying of Lands and other Possessions of certain GuL* 4' c* 80, Ecclesiastical and Collegiate Corporations." " Whereas the archbishops and bishops of the several dioceses, and the deans, and deans and chapters, archdeacons, prebendaries, and canons, and other digni- taries and officers of the several cathedral and collegiate churches and chapels, and the masters or other heads, and fellows and scholars or other societies of the several colleges and halls in the universities of Oxford and Cambridge, and of the colleges of Winchester and Eton, are proprietors of divers manors, messuages, lands, tene- ments, tithes, and hereditaments, and in many cases the boundaries or quantities and the identity of lands within such manors, and of such messuages, lands, tene- ments, and hereditaments, and of lands subject to any such tithes, or some part or parts thereof, are unknown or disputed, and it would be a great benefit, as well to such proprietors respectively, as to their lessees, copyhold or customary tenants, sub-lessees, or under-tenants, their, his, or her heirs, executors, administrators, or assigns, if the said manors, messuages, lands, tenements, tithes, and hereditaments were identified, and the boundaries and quantities thereof ascertained and finally settled : be it enacted by the king's most excellent majesty, by and with the advice (1) Entitled to any reversion .—Vide I mentioned in the first and third sections, even Inst. 183 (b). Daniel v. North, 11 East, though the parties acquiescing may have had particular estates only, unless the right exer- cised is founded on some writing, on Limitations, 138. by enjoyment during the respective periods (3) Vide Stat. 4 & 5 Gul. 4, c. 26 (2) Determination thereof:— The other cised is founded on some writing. & Mansel rights affected by this act may be acquired on Limitations, 138. 1494 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 & 3 Gul. 4, c. 80. Archbishops, bishops, deans and chapters, &c. may enter into agree- ments or deeds of reference with their les- sees, to ascer- tain and settle unknown or disputed boundaries or quantities of manors, &c. leased. Referees to make surveys, maps, and ad- measurements ; to summon and examine witnesses on oath; to call for all deeds, &c; to make awards, with maps thereto, on parchment or vellum. Awards and maps to be laid before parties, and their approba- tion to be written. Certain con- sents required to render valid proceedings under this act. Power to in- fants, married women, luna- tics, &c. to enter into re- ference. and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall and may be lawful to and for any archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole hereinbefore men- tioned, to enter into an agreement of reference or deed of submission with his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub- lessees, under-tenant or under-tenants, his, her, or their heirs, executors, admini- strators, or assigns, or with the owner or owners of any other hereditaments adjoining to or intermixed with the said manors, messuages, lands, tenements, tithes, or hereditaments, whereby it shall be agreed that any unknown or disputed boundaries or quantities of such manors, messuages, lands, tenements, tithes, or hereditaments, or any part thereof, shall be referred to the adjudication of such person or persons as may be agreed upon and named by the said archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole, and by his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, admi- nistrators, or assigns, or by such owner or owners of any other hereditaments situate as aforesaid ; and that such referee or referees shall be fully authorized to make or cause to be made surveys, maps, and admeasurements of the said manors, mes- suages, lands, tenements, tithes, and hereditaments, or any part thereof, and to summon any persons as witnesses, and examine them on oath (which oath he or they are hereby authorized to administer) touching or concerning any of the mat- ters or things so referred as aforesaid, or in any way relating thereto ; and also to call for the production of all surveys, maps, deeds, books, papers, and writings in the custody or power of any of the parties to the said reference, or of any other person or persons, of or concerning the matters in question ; and the said referee or referees, having well and sufficiently investigated and considered the same, and all matters to him or them referred, shall and may make his or their award or awards in writing, under his or their hand and seal or hands and seals, with a map or maps drawn thereupon or thereunto annexed, and which said award or awards and map or maps shall be upon parchment or vellum, and shall award and determine, identify, delineate, and describe the boundaries, quantities, particulars, and situations of the said manors, messuages, lands, tenements, tithes, and hereditaments so referred to him or them as aforesaid ; and the said award or awards and map or maps shall be laid before all the parties to any such agreement of reference or deed of submission, including the party or parties whose consent is required by this act, whose approbation thereof shall be written upon the said award or awards, and shall be signed and sealed by them, and thereupon the said award or awards and map or maps shall be for ever afterwards binding upon all parties, and final and conclusive as to all matters therein contained or thereby referred to. " II. Provided always, and be it further enacted, that in every case in which any of the powers hereinbefore contained shall be exercised by any bishop, dean, archdeacon, prebendary, or other ecclesiastical corporation sole, the deed of submis- sion or agreement of reference, and also the approbation of the award, shall, in the case of a bishop, be executed by the archbishop of the province testifying his consent thereto ; or in case of a dean, the same shall be executed by the dean and chapter testifying their consent thereto ; or in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, the same shall be executed by the archbishop or bishop of the diocese testifying his consent thereto. "III. And be it further enacted, that from and after the passing of this act it shall and may be lawful to and for the said lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any reference authorized by this act shall be tenant or tenants in fee-tail, general or special, or for life or lives and for the guardians, husbands, committees, or attorneys of or acting for any such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and sucli other owner or owners as hereinbefore STATUTA GULIELMI IV. A.D. 1830-1887. 1495 named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any such reference shall he respectively an infant or infants, feme covert or femes covert, or of unsound mind, or heyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of submission or appro- bation of any award or awards and map or maps authorized by this act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copy- hold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee-simple, and of full age, sole, of sound mind, or within the realm of England, and not under any other legal disability. " IV. And be it further enacted, that immediately after the execution by the parties of the instrument shewing their approbation of any award to be made by virtue of this act, the agreement of reference or deed of submission, and also the award or awards and map or maps, authorized to be made by this act, and a copy of the minutes of evidence whereupon the same is made, shall be deposited, in the case of any reference by any archbishop or bishop, in the office of their own regis- trar ; and in case of any reference by any dean, dean and chapter, archdeacon, prebendary, canon, and other dignitary and officer of a cathedral or collegiate church or chapel, in the office of the registrar of the dean and chapter thereof; and in case of any reference by any masters or other heads, or by any fellows and scholars, or other societies hereinbefore named, in the office of the steward or other proper officer of their said colleges and halls ; and every such registrar, steward, or other officer, or some person or persons on his behalf, shall produce the documents and papers so deposited with him, or any of them, at all proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a copy or copies of the same or any of them to every such person or agent who shall make application for such copy or copies ; and every such registrar, steward, or other officer shall in every case be entitled to the sum of five shillings and no more for receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid ; and the sum of one shilling and no more for every production of the same or any of them to be inspected ; and the sum of sixpence and no more for every folio containing seventy-two words of every copy ; and the sum of ten shillings and no more for every copy of a map so made as aforesaid. " V. And be it further enacted, that the expenses attending every reference which shall be made under the authority of this act, and all the proceedings hereby required relating to the same, shall be paid and borne by the parties thereto in such manner, shares, and proportions as they shall agree ; and in case the said parties shall not make any agreement relating to such expenses, then all such expenses, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal moieties. " VI. Provided also, and be it further enacted, that this act shall extend only to that part of the United Kingdom called England and Wales." Stat. 2 & 3 Gul. 4, c. 80. Agreements or deeds of refer- ence, awards, and maps, to be deposited in registry of archbishop, bishop, &c. Documents to be produced for inspection. Registrar's fees. Expenses of reference how to be paid. Act limited to England and Wales. XLIV. Stat. 2 & 3 Gulielmi 4, cap. lxxx. A.D. 1832. 'An Act for establishing as the Parish Church the newly-erected Church in the Parish of Saint Bartholomew, adjoining the City of Chichester" Stat. 2 & 3 Gul. 4, cap. lxxx. XLV. Stat. 2 & 3 Gulielmi 4, c. 85. [Ireland.] A.D. 1832. "An Act to make a better Provision for the Superintendence of Charitable Insti- tutions in Ireland, maintained in the whole or in part by Grand Jury Pre- sentments; and for the more effectual Audit of the Accounts of the same" " Whereas various houses of industry, infirmaries, hospitals, lunatic asylums, dispensaries, and other charitable establishments in Ireland, are supported in the Stat. 2 & 3 Gul. 4, c. 85. [IR.] 1496 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 & 3 Gul. 4, c. 85. [Ik.] Grand juries may appoint boards of su- perintendence of the charit- able establish- ments sup- ported by pre- sentment within the several coun- ties, &c. of Ireland. Duties of the boards of su- perintendence. Report upon each establish- ment to be made to grand jury at assizes. Provision for securing the rights of go- vernors, &e. whole or in part by grand jury presentment ; and whereas it is expedient to pro- vide for the more effectual superintendence and inspection of those establishments, and for the audit and examination of their accounts ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spi- ritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act it shall and may he lawful for the grand jury of any county, county of a city, or county of a town in Ireland, save and except the grand jury of the city of Dublin, and each and every such grand jury is and are authorized, empowered, and required, at each and every or any assizes or presenting term respectively, with the consent and approbation of the court or judge, to appoint not less than eight or more than twelve persons, one half of whom at the least shall be justices of the peace for the county, county of a city, or county of a town wherein such appoint- ment shall take place, to be a hoard of superintendence of each and every chari- table establishment supported in the whole or in part hy grand jury presentment within such county, county of a city, or county of a town respectively ; and that it shall and may he lawful for the grand jury, at any subsequent assizes or pre- senting term for any such county, county of a city, or county of a town, to appoint a new board of superintendence, or to remove any member or members of the existing board, as they shall think proper, and as the case may require, but so that there shall not be at any one time more than twelve members of any such board ; and any three or more of such board of superintendence, one of whom at the least shall be a justice of the peace, shall be in all cases competent to do or perform any matter or thing whatsoever in execution of any duty required to be done and per- formed by the whole board of superintendence in virtue of any powers granted to them by this act ; and every act and thing done or performed by such three mem- bers of such board of superintendence, one of whom at the least shall be a justice of the peace, shall be as valid and effectual, to all intents and purposes whatsoever, as if done by the whole board of superintendence. " II. And be it further enacted, that it shall and may be lawful for such board of superintendence to visit and inspect each and every such charitable or public establishment as aforesaid, from time to time as they shall think fit, and to inquire into and examine into the management and discipline thereof, and into the mode in which the several laws, rules, and directions for the regulation of such charitable establishments are carried into effect, and to the accounts of receipts and expendi- ture, the attendance given by the several officers and attendants, and all such other matters and things as relate thereto, and also to examine into the state and repair of the buildings, the conduct and situation of the several patients and inmates, and of all officers or attendants, and to audit and examine the accounts and vouchers of such establishments, as aforesaid ; and such board of superintendence shall make a report upon each such establishment to the grand jury at each and every assizes, such report containing a statement of income and expenditure, of the salaries paid, and attendance given by officers, and the number of patients admitted and dis- charged ; and copies of such reports shall be annually printed by such grand jury with the list of presentments made at each assizes. " III. Provided always, and be it further enacted, that nothing in this act con- tained shall limit or abridge the legal powers and authorities of the several direc- tors, governors, subscribers, committees, or managers, by whatever name they may he called, to whom the superintendence and control of their several charitable establishments is intrusted." Stat. 2 & 3 Gul. 4, c. 87. [Ia.] XLVI. Stat. 2 & 3 Gulielmi 4, c. 87. [Ireland.] A.D. 1832. '■An Act to regulate the Office for registering Deeds, Conveyances, and Wills, in Ireland." STATUTA GULIELMI IV. A.D. 1830—1837. 1497 XLVII. Stat. 2 & 3 Gulielmi 4, c. 92(1). A.D. 1832. Stat. 2 & 3 "An Act for transferring the Powers of the High Court of Delegates, both in GxJL' 4' c' 92 Ecclesiastical and Maritime Causes, to His Majesty in Council" " Whereas by an act passed in the twenty-fifth year of the reign of King Henry 25 Hen. 3 c. the Eighth, and intituled, 4 The Submission of the Clergy and Restraint of Appeals,' 19. it is (amongst other things) provided, that for lack of justice at or in any of the courts of the archbishops of this realm, or in any of the king's dominions, it should be lawful to the parties grieved to appeal to the king's majesty in the king's court of Chancery ; and that upon every such appeal a commission should be directed under the great seal to such persons as should be named by the king's highness, his heirs or successors, like as in case of appeal from the Admirals court, to hear and definitively determine such appeals, and the causes concerning the same ; which commissioners so by the king's highness, his heirs or successors, to be named or appointed, should have full power and authority to hear and definitively determine every such appeal, with the causes and all circumstances concerning the same ; and that such judgment and sentence as the said commissioners should make and decree in and upon any such appeal should be good and effectual, and also defini- tive, and that no further appeals should be had or made from the said commis- sioners for the same ; and that all manner of provocations and appeals thereafter to be had, made, or taken, from the jurisdiction of any abbots, priors, or other heads and governors of monasteries, abbeys, priories, and other houses and places exempt, in such cases as they were wont or might afore the making of the act now in recital, by reason of grants or liberties of such places exempt, to have or make immediately any appeal or provocation to the Bishop of Rome otherwise called Pope, or to the see of Rome, in all those cases every person and persons having cause of appeal or provocation should and might take and make their appeals and provocations immediately to the king's majesty of this realm, into the court of Chancery, in the manner and form as they used afore to do to the see of Rome ; which appeals and provocations so made should be definitively determined by authority of the king's commission in such manner and form as was in the said act now in recital above mentioned, so that no archbishop or bishop of this realm should intermit or meddle with any such appeals otherwise or in any other manner than they might have done afore the making of the act now in recital ; anything in the act now in recital to the contrary thereof notwithstanding ; and whereas by an act passed in the eighth year of the reign of Queen Elizabeth, and intituled, 8 Eliz. c 5. * For the avoiding of tedious Suits in Civil and Marine Causes,' it is provided that every such judgment and sentence definitive as should be given and pronounced in any civil and marine cause, upon appeal lawfully to be made therein to the queen's majesty in her highness's court of Chancery, by such commissioners or delegates as should be nominated and appointed by her majesty, her heirs or successors, by commission under the half seal, as it had been theretofore used in such cases, should be final, and that no further appeal should be made from the said judgment or sentence definitive, or from the said commissioners or delegates, for or in the same ; any law, usage, or custom to the contrary notwithstanding ; and whereas the persons who from time to time have been appointed commissioners by com- mission under the great seal or under the half seal, by virtue of the authority of either of the hereinbefore recited acts, have been commonly called, ' The High Court of Delegates ;' and whereas, notwithstanding the hereinbefore recited acts, the king's majesty for the time being hath out of his royal favour occasionally granted, upon petition to him in council made for that purpose, a commission under the great seal authorizing the commissioners therein named to review the judgments and decrees of the high court of Delegates so appointed as aforesaid ; and whereas it is expedient that the hereinbefore recited act of the eighth year of Queen Elizabeth, and also so much of the hereinbefore recited act of the twenty- fifth year of King Henry the Eighth as relates to the appeal to his majesty in Chancery, should be repealed, and that all the powers which by virtue of either of (1) Vide Stat. 3 & 4 Gul. 4, c. 41, and Stat. 7 & 8 Vict. c. G°. 1498 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 2 & 3 Gul. 4, c. 92. 25 Hen. 8, c. 19, so far as relates to the power of ap- peal and to the appointment of delegates, re- pealed from 1 Feb. 1833. 8 Eliz. c. 5, repealed from 1 Feb. 1833. From 1 Feb. 1833, powers of the high court of Dele- gates trans- ferred to the king in coun- cil ; and no commission of review to be thereafter granted. Proviso for appeals now pending, or which may be pending pre- vious to 1 Feb. 1833. the said acts have or might have been enjoyed by the said high court of Delegates should be in future exercised by his majesty in council, and that no such commis- sion of review as aforesaid should hereafter be granted ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the hereinbefore recited act of the twenty-fifth year of the reign of King Henry the Eighth, so far as relates to any power thereby given to appeal in any case to the king's majesty in his high court of Chancery, and so far as the same empowers his majesty to grant a commission under the great seal authorizing the persons therein named to hear and determine such appeals, shall, as from the first day of February one thousand eight hundred and thirty-three, be and the same is hereby repealed. " II. And be it also enacted, that the hereinbefore recited act of the eighth year of the reign of Queen Elizabeth shall, as from the first day of February one thousand eight hundred and thirty-three, be and the same is hereby repealed. "III. And be it further enacted, that from and after the said first day of February one thousand eight hundred and thirty-three it shall be lawful to and for every person who might heretofore, by virtue of either of the said recited acts, have appealed or made suit to his majesty in his high court of Chancery, to appeal or make suit to the king's majesty, his heirs or successors, in council, within such time, in such manner, and subject to such rules, orders, and regulations for the due and more convenient proceeding, as shall seem meet and necessary, and upon such security, if any, as his majesty, his heirs and successors, shall from time to time by order in council direct; and that the king's majesty, his heirs and successors, in council, shall thereupon have power to proceed to hear and determine every appeal and suit so to be made by virtue of this act, and to make all such judgments, orders, and decrees in the matter of such appeal or suit as might heretofore have been made by his majesty's commissioners appointed by virtue of either of the hereinbefore recited acts if this act had not been passed ; and that every such judgment, order, and decree so to be made by the king's majesty, his heirs and successors, shall have such and the like force and effect in all respects whatsoever as the same respectively would have had if made and pronounced by the aforesaid high court of Delegates; and that every such judgment, order, and decree shall be final and definitive, and that no commission shall hereafter be granted or autho- rized to review any judgment or decree to be made by virtue of this act. " IV. Provided always, and be it enacted, that nothing herein contained shall extend to affect any appeal now pending, or which before the said first day of February one thousand eight hundred and thirty-three may be pending, to his majesty in Chancery, by virtue of either of the hereinbefore recited acts, or to affect the right of his majesty to grant any such commission under the great seal or under the half seal as aforesaid, to hear and adjudicate upon any appeal so now pending, or which may before the said first day of February one thousand eight hundred and thirty-three be pending ; and that every judgment or decree of the said high court of Delegates, by virtue of either of the said recited acts, already made or hereafter to be made, in any cause so now pending or which shall be so pending as aforesaid, shall have such and the like force and effect in all respects as if this act had not been passed." Stat. 2 & 3 XLVIII. Stat. 2 & 3 Gulielmi 4, c. 93 (1). A.D. 1832. Gul. 4, c. J3. u^n j^ct j?or enforcing ^ Process upon Contempts in the Courts Ecclesiastical of England and Ireland" " Whereas great inconvenience has been found to arise by reason of the process of the several ecclesiastical courts in England and Ireland being inoperative and unavailable out of the limits of the respective jurisdictions of such courts, and against persons having privilege of peerage, lords of parliament, and members of (1) Vide Stat. 3 & 4 Gul. 4, c. 41, s. 28. STATUTA GULIELMI IV. A.D. 1830—1837. 1499 the house of commons; and in many instances a failure of justice hath thereby ensued : and whereas it is expedient, for remedy thereof, that the process of the said several courts, and the means of enforcing obedience to the same, should be of equal force and have the like operation, as well in that part of the United King- dom of Great Britain and Ireland called England as in that part of the same United Kingdom called Ireland, and as well against persons having privilege of peerage, lords of parliament, and members of the house of commons, as against all other his majesty's subjects : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that in all causes which according to the laws of this realm are or may be cognizable in any of the several ecclesiastical courts, as well in that part of the United Kingdom of Great Britain and Ireland called England as in that part of the same United Kingdom called Ireland, when any person or persons, as well those which have or hereafter shall have privilege of peerage, or are or hereafter may be peers of parlia- ment or members of the house of commons, as all others who shall happen to be domiciled or residing either in England or in Ireland, and beyond the limits of the jurisdiction of the court in which such causes have been or shall have been respec- tively instituted or commenced, or shall be depending, having been duly cited to appear in any such ecclesiastical court, whether in England or in Ireland, or required to comply with any lawful order or decree, as well final as interlocutory, which hath been or shall have been made by any such court respectively, shall neglect or refuse to pay obedience to any such lawful order or decree, or when any such person or persons shall commit a contempt in the face of such court, or any other contempt towards such court, or the process thereof, it shall be lawful for the judge or judges out of whose court the citation or process hath already issued or may hereafter issue, or whose lawful orders or decrees have not or shall not have been obeyed, or before whom such contempt in the face of the court shall be com- mitted, or by whose order or authority such process in respect of or towards which any such contempt shall have been committed has been or shall be awarded or issued, or the successor or successors in office of such judge or judges respectively, to pro- nounce such person or persons contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced to be contumacious and in contempt to signify the same to the lord chancellor, lord keeper or lords commis- sioners for the custody of the great seal of England for the time being respectively, whenever the person or persons who shall have been so pronounced contumacious and in contempt shall be domiciled or residing in England, and within the like period of ten days to signify the same to the lord chancellor, lord keeper or lords commis- sioners for the custody of the great seal of Ireland for the time being respectively, whenever the person or persons who shall have been so pronounced contumacious and in contempt shall be domiciled or residing in Ireland, in the form annexed to an act of parliament made and passed in the fifty-third year of the reign of his late majesty King George the Third, intituled, ' An Act for the better Regulation of Ecclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes ;' and thereupon, and in case the person so reputed to be in contempt shall not be a peer, lord of parliament, or member of the house of commons, a writ de contumace capiendo shall issue from his majesty's said high court of Chancery in England or in Ireland, as the case may happen, to be directed to the same persons to whom writs de excommunicato capiendo were by law returnable before the pass- ing of the said act of parliament, and the same shall be returnable in like manner as the writ de excommunicato capiendo had been theretofore by law returnable, and shall have the same force and effect as the last-mentioned writ ; and all rules and regulations not altered by the said act of the fifty-third year of his said majesty George the Third, and which before the passing of the same act applied to the said writ de excommunicato capiendo, and the proceedings following thereupon, and par- ticularly the several provisions contained in a certain act passed in the fifth year of the reign of Queen Elizabeth, intituled, ' An Act for the due Execution of the Writ De excommunicato capiendo? shall extend and be applied to the said writ de contu- Stat. 2 & 3 Gul. 4, c. 93. Where persons residing be- yond the juris- diction of any ecclesiastical courts are cited to appear, &c. and refuse obe- dience, the judge thereof may pronounce them contu- macious, and certify the same to the lord chancel- lor, &c. within ten days, and thereupon a writ de contu- mace capiendo shall issue, unless the per- son be a peer, &c. 53 Geo. 3, c. 127. All regulations and provisions applying to the writ de excom- municato, and proceedings thereupon, shall be ap- 1500 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 & 3 Gul. 4, c. 93. plied to the writ de contu- mace. 5 Eliz. c. 23. Upon the ap- pearance or submission of the party, the judge may or- der him to be absolved or discharged. Where persons possessed of estates, &c. in England neg- lect to pay money ordered by the said courts, the judges may pronounce such persons contumacious, and certify the same to the lord chancellor, who shall cause process of sequestra- tion to issue against the estate of the party in Eng- land. mace capiendo, and the proceedings following thereupon, as if the same were herein particularly repeated and enacted ; and the proper officers of the said two several high courts of Chancery in England and Ireland, as the case may happen to be, are hereby authorized and required to issue such writ de contumace capiendo accord- ingly ; and all sheriffs, gaolers, and other officers in England and in Ireland, as the case may happen to be, are hereby required and authorized to execute the same, by taking and detaining the body of the person or persons against whom the said writ shall be so directed to be executed ; and upon the due appearance of the party or parties so cited and not having obeyed as aforesaid, or the due submission of the party or parties so having committed a contempt in the face of the court or other- wise, as hereinbefore is mentioned, the judge or judges of such ecclesiastical court, whether in England or in Ireland, as the case may be, shall pronounce such party or parties absolved from the contumacy and contempt aforesaid, and shall forth- with make an order upon the sheriff, gaoler, or other officer in whose custody he, she, or they shall be, in the form to the said act of the fifty-third year of the reign of his said majesty George the Third annexed, for discharging such party or parties out of custody ; and such sheriff, gaoler, and other officer shall, on the said order being shown to him, so soon as such party or parties shall have discharged the costs lawfully incurred by reason of such custody and contempt, forthwith dis- charge him, her, or them. " II. And be it further enacted, that in all such cases as are hereinbefore men- tioned, and which are or may be cognizable in any or either of the several herein before-mentioned courts, when any person or persons, as well such person or persons as have or shall hereafter have privilege of peerage, or are or shall hereafter be lords of parliament or members of the house of commons, as others who shall happen to be domiciled or residing either in England or in Ireland, have been or shall have been ordered or required, by the lawful order or decree, final or interlo- cutory, of any such court respectively, to pay any sum or sums of money, and when any such person or persons, after having been duly monished, shall refuse or neglect to comply with such monition, and to pay the sum or sums of money therein ordered to be paid by him or them, within the time and in the manner in any such order or decree mentioned or expressed, or a peer or lord of parliament or member of the house of commons shall refuse or withhold obedience, or shall in any way neglect to perform or shall not perform any decree or order, final or inter- locutory, of such courts as aforesaid, it shall be lawful for the judge or judges who shall have made such order or decree, or his or their successor or successors in office, to pronounce the person or persons so neglecting or refusing to comply with such order or decree contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced contumacious and in contempt to cause a copy of such order or decree, under the seal of the court wherein the same shall have been made, or under the hand or hands of such judge or judges, or one of them, to be exemplified, and certified to the lord chancellor, lord keeper or lords commissioners for the custody of the great seal of England for the time being respectively, whenever the person or persons who shall have been so pronounced contumacious shall be domiciled or residing, or shall be seised or possessed of or entitled to any real or personal estate, goods, chattels, or effects, situate, lying, or being in England ; and the said lord chancellor, lord keeper or lords commisioners for the custody of the great seal of England, shall forthwith cause such copy of such order or decree, when it shall be presented to them respectively, so exempli- fied, to be enrolled in the rolls of the high court of Chancery in England, and shall thereupon cause process of sequestration to issue against the real and personal estate, goods, chattels, and effects, in England, of the party or parties against whom such order or decree shall have been made, in order to enforce obedience to and performance of the same, in the same manner and form, and with the like power and effect, as if the cause wherein such order or decree shall have been made had been originally cognizable by and instituted in the said court of Chancery in England, and as if all and every the process of the said court of Chancery in England ordinarily issuing in causes there pending antecedent to process of seques- STATUTA GULIELMI IV. A.D. 1830-1837. 1501 tration had been duly issued and returned in the last-mentioned court; and it shall Stat. 2 & 3 and may be lawful for the said lord chancellor, lord keeper or lords commissioners GuL- 4, c. 93. of the great seal in England, to make such order and orders in respect of or conse- quent upon such sequestration, or in respect of the real or personal estate, goods, chattels, or effects sequestrated by virtue thereof, as he or they shall from time to time think fit, or for payment of all or any of the monies levied or received by virtue thereof into the bank of England, with the privity of the accountant-general of the said court of Chancery in England, to the credit and for the benefit of the party or parties who shall bave obtained such order or decree, if the same was for payment of money, or if not, to the credit of the high court of Chancery; and the governor and company of the bank of England are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of Chancery : provided always, that no such monies shall be charged with or subject to poundage when the same shall be paid out by order of the said court. " III. And be it further enacted, that in all such causes as are hereinbefore The like pro- mentioned, and which are or may be cognizable in any of either of the several vlslon as t0 ' « nr. persons pos- herein before-mentioned courts, when an}' person or persons, as well such person or sesse(i 0f persons as have or shall hereafter have privilege of peerage, or are or shall hereafter estates, &c. in be lords of parliament or members of the house of commons, as others, who shall Ireland, happen to be domiciled or residing either in England or in Ireland, hath or have been or shall have been ordered or required by the lawful order or decree, final or interlocutory, of any such court respectively, to pay any sum or sums of money, or to do any other act or thing, and when any such person or persons, after having been duly personally served with a copy or copies of such order or decree, shall refuse or neglect to comply therewith, or to pay the sum or sums of money therein ordered to be paid by him or them, or to do the act or thing required by such order to be done, within the time and in the manner in any such order or decree men- tioned or expressed, it shall be lawful for the judge or judges who shall have made such order or decree, or his or their successor or successors in office, to pronounce the person or persons so neglecting or refusing to comply with such order or decree contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced contumacious and in contempt to cause a copy of such order or decree, under the seal of the court wherein the same shall have been made, or under the hand or hands of such judge or judges, or one of them, to be exemplified, and certified to the lord chancellor, lord keeper or lords commissioners for the custody of the great seal of Ireland for the time being respectively, when- ever the person or persons who shall have been so pronounced contumacious and in contempt shall be domiciled or residing, or shall be seised or possessed of or entitled to any real or personal estate, goods, chattels, or effects, situate, lying, or being in Ireland, and within the like period of ten days and after such last-mentioned per- son or persons shall have been pronounced contumacious and in contempt to cause a copy of such order or decree to be exemplified, and certified in manner herein- before mentioned to the barons of his majesty's court of Exchequer in that part of the United Kingdom called Ireland, whenever the person or persons who shall have been so pronounced contumacious and in contempt shall be domiciled or residing, or shall be seised or possessed of or entitled to any real or personal estate, goods, chattels, or effects, situate, lying, or being in Ireland ; and the said lord chancellor, lord keeper or lords commissioners for the custody of the great seal of Ireland, shall forthwith cause such copy of such order or decree, when it shall be presented to them respectively, so exemplified, to be enrolled in the rolls of the high court of Chancery in Ireland, and shall thereupon cause process of sequestration to issue against the real and personal estate, goods, chattels, and effects, in Ireland, of the party or parties against whom such order or decree shall have been made, in order to enforce obedience to and performance of the same, in the same manner and form, and with the like power and effect, as if the cause wherein such order or decree shall have been made had been originally cognizable by and instituted in the said court of Chancery in Ireland, and as if all and every the process of the said court of Chancery in Ireland ordinarily issuing in causes there pending antecedent to 1502 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 & 3 process of sequestration had been duly issued and returned in the last-mentioned Gul. 4, c. 93. court; and it shall and may be lawful for the said lord chancellor, lord keeper or lords commissioners of the great seal in Ireland, to make such order or orders in respect of or consequent upon such sequestration, or in respect of the real or per- sonal estate, goods, chattels, or effects sequestered by virtue thereof, as he or they shall from time to time think fit, or for payment of all or any of the monies levied or received by virtue thereof into the bank of Ireland, with the privity of the accountant-general of the said court of Chancery in Ireland, to the credit and for the benefit of the party or parties who shall have obtained such order or decree, if the same was for payment of money, or if not, then to the credit of the said high court of Chancery ; and the governor and company of the said bank of Ireland are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of Chancery in Ireland ; provided always, that no such monies shall be charged with or subject to poundage for the usher of the said court of Chancery in Ireland, or otherwise, when the same shall be paid out by order of the last-mentioned court. " IV. And be it further enacted, that none of the provisions of this act shall extend to any order or decree, or the refusing or neglecting to perform any order or decree, which shall have been made more than six years before the passing of this act. " V. And be it further enacted, that if any action or suit shall be brought or commenced for anything done in pursuance of this act, every such action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and tried in the city or county wherein the cause of action shall have arisen, and not elsewhere ; and the defendant or defend- ants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance or by the authority of this act ; and if the same shall appear to have been so done, or if any action or suit shall be brought after the time limited for bringing the same, or shall be laid in any other city, county, or place than as aforesaid, then the judge shall find for the defendant or defendants ; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or suffer a discontinuance of their action or suit after the defendant or defendants shall have appeared, or [if upon demurrer judgment shall be given against the plaintiff or Treble costs. plaintiffs, the defendant or defendants shall have treble costs, and shall have such remedy for the same as any defendant or defendants hath or have for costs of suit in any other case by law." Act not to extend to orders made six years since. Limitation of actions. General issue. XLIX. Stat. 2 & 3 Gulielmi 4, c. 100(1). A.D. 1832. "An Act for shortening the Time required in Claims of Modus Decimandif or Exemption (2) from or Discharge of Tithes" " Whereas the expense and inconvenience of suits instituted for the recovery of tithes may and ought to be prevented, by shortening the time required for the (1) Amended by Stat. 4 & 5 Gul. 4, c. 83. Vide Stephens on Nisi Prius, tit. Tithes, 2612-2616. Ibid. tit. Statutes of Limit- ation, 2916. (2) 'Exemption: — The following is an ex- tract from the third Report of Commissioners on the Law of Real Property, respecting a Statute of Limitations for the Church [pre- sented May, 1832]: " The subjects to be considered in framing a Statute of Limitations for the Church, are : 1. The entire exemption of land from tithes; 2. Moduses, or customary payments in lieu of tithes; 3. Compositions real; and, 4. Glebe lands. "1. Entire exemption of land from tithes. As the law stands, non-payment of tithes for any period, however long, is no ground of exemption. " In this respect, an unjust advantage is practically enjoyed by the church. The gene- ral rule, that long usage which may have had a legal origin, shall without proof be presumed to have had a legal origin, is here neglected. The usage is presumed to be wrongful, and the burthen is cast upon the party in whose favour it is, to support it by strict legal evi- dence. This is difficult in proportion to the length of time the usage has subsisted ; and the title which ought to be the safest is the most insecure. " There is reason to apprehend that cases STATUTA GULIELMI IV. A.D. 1830—1837. 1503 occur in which legal exemption cannot be made out by legal evidence, particularly where the non-payment has originated in the existence of customary payment in lieu of tithes, so small as to have been neglected and forgotten. Here justice requires that the exemption should be absolute. " Supposing that the owner who claims the exemption is in a condition to prove, by strict legal evidence, that his land anciently belonged to a religious house, and may law- fully be discharged from the payment of tithes, he succeeds, after much harassing liti- gation, and the costs awarded to him are a very insufficient indemnity for the expense he lias necessarily incurred. "We see no objection to enacting, that, where there has been non-payment of tithes as of right, for a certain number of years, and during a certain number of incumbencies, such non-payment alone shall be sufficient to establish the exemption. "2. Moduses. The attempts to set aside parochial and farm moduses cause much more vexation and general mischief. Where such moduses exist, the land is supposed to be subject to tithes ; but instead of their being paid in kind and to the full extent, small payments are made, such as Id. for a calf, Id. for a garden, Id. for the agistment of each barren cow, Id. for the milk of a cow, Id. for a colt, 2d. per acre for hay, 6d. for farm A, in lieu of tithe hay, 3d. for farm B. in lieu of agistment tithe, \s. for farm C. in lieu of all tithes whatsoever. These moduses are supposed to have arisen from agreements of immemorial antiquity between the tithe owner and the tithe payer, for their mutual benefit ; such agreements have anciently been permitted by the law. " Where these customs exist, they ought to be respected as much as the right to tithes in kind where there is no modus, or as the right to the soil itself. " Yet the rules laid down by courts of justice on this subject render many cases of modus open to question, and have often caused moduses which had subsisted without question for centuries, to be set aside. The most formidable objection to a modus is rankness. To be valid, a modus must be deemed to have subsisted from the reign of Richard I., as the period of legal memory ; and if the payment be considered greater than the tithe of the articles covered by the modus was then worth, it is set aside ; not- withstanding the uncertainty of such specu- lations, and the possibility that the owner of the land, out of love to the church, or for the good of his own soul, may have agreed to pay annually in lieu of tithes, a larger sum than the tithes were then worth. " Many questions of great nicety as to the certainty of the custom, and of the lands which it covers, have the same tendency to bring the matter into doubt and to encourage litigation. "The first effect of a suit to set aside a modus, is, to involve the incumbent in bitter hostility with his parishioners. The expense to both parties often exceeds the value of the subject in dispute ; but it falls most heavily on the clergyman, because his opponents are frequently numerous, and aid each otner. Stat. 2 & 3 Whenever the incumbent succeeds in setting Gul. 4, c. 100- aside a long established modus, there is a strong feeling that injustice is done; for he accepted the living when the modus prevailed, and the advowson and all the land in the parish have been probably repeatedly sold on the basis of the modus ; so that, when it is set aside, one party loses what he had bought and had long enjoyed, and another gets what he had not bought and never expected to enjoy. "A modus was recently set aside which had certainly subsisted ever since the reign of Edward 2, by the discovery of a document which showed that it originated in that reign. Other cases almost equally strong have been recently decided in the same way. Kensing- ton (Lord) v. Pugh, 1 Younge, 125; Lediard v. Anstie, 3 Y. & J. 548 ; Short v. Lee, 2 J. &W. 464; Norton v. Hammond, 1 Y. & J. 94; Fisherv. Graves (Lord), 1 M'Clel. & Y. 362; Dennison \ . Elsley , Ibid. 1. ' ' We think that, with respect to moduses and exemptions, a reasonable period of actual enjoyment may be safely assumed, as the cri- terion of the rights of the clergy and the laity. "3. Composition bill. This remedy would apply equally to the third case, that of real composition. This differs from modus prin- cipally in the time of its commencement. It is an agreement for a commutation of tithes that might have been made with the consent of the incumbent, patron, and ordinary, at any time prior to the thirteenth of Elizabeth. It is not liable to the objection of rankness. " By the rule, however, now established, a composition real is not to be presumed from any length of usage consistent with it, but it must be established by proof or positive evi- dence of the existence at some time of a deed which must at least be as old as the thirteenth of Elizabeth, and may be several centuries older. " This doctrine, no less than that which requires positive proof of the ground of ex- emption from payment of tithes, militates against the general maxim of the law, that what has long existed shall, in favour of peaceable enjoyment, be presumed to have had a legal origin. We believe that the rule, which requires positive evidence of a deed to establish a composition real, operates in many cases against the truth of the transaction. "4. Glebe lands. Disputes sometimes, though rarely, arise as to the claim of the church to the sod itself. Supposing land to have belonged to the church in the time of Elizabeth, it cannot since have been lawfully aliened without an act of parliament. But there ought to be a period of adverse enjoy- ment, which should outweigh any evidence of prior title. " It would likewise be proper to make some regulation respecting land given to a parson irregularly for tithes, and land irregu- larly exchanged for glebe land where the tithes or the glebe land have been afterwards claimed; for instances occur in which the parson recovers the tithes and retains the land given in lieu of them, or where he reco- vers the glebe land and retains the land received by his predecessor in exchange for it. 1504 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 2 & 3 Gul. 4, c. 100. What pre- scriptions and claims of mo- dus decimandi to be valid in law. valid establishment of claims of a modus decimandi (1), or exemption from or dis- charge of tithes ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all prescriptions and claims of or for any modus decimandi, or of or to any exemption from or discharge of tithes (2), by composition real or otherwise, shall, in cases where the render of tithes in kind shall be hereafter demanded by our said lord the king, his heirs or successors, or by any Duke of Cornwall, or by any lay per- son, not being a corporation sole, or by any body corporate of many, whether temporal or spiritual, be sustained and be deemed good and valid in law upon evi- dence showing, in cases of claim of a modus decimandi, the payment or render of such modus, and in cases of claim to exemption or discharge showing the enjoy- ment of the land, without payment or render of tithes, money, or other matter in lieu thereof, for the full period of thirty years next before the time of such demand, unless, in the case of claim of a modus decimandi, the actual payment or render of tithes in kind, or of money or other thing differing in amount, quality, or quantity from the modus claimed, or, in case of claim to exemption or discharge, the render or payment of tithes, or of money or other matter in lieu thereof, shall be shown to have taken place at some time prior to such thirty years, or it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing ; and if such proof in support of the claim shall be extended to the full period of sixty years next before the time of such demand, in such cases the claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing ; and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible upon evidence showing such payment or render of modus made or enjoyment had, as is herein- before mentioned, applicable to the nature of the claim, for and during the whole " But the great object must be to frame a proper period, applicable to varying circum- stances, for giving conclusive effect to ad- verse enjoyment. It has been proposed that the period should go back to the first year of Henry the Eighth, because not many years since a right to tithes was established, and a composition or modus set aside by appeal to a written document which had belonged to Glastonbury Abbey before its dissolution. On the same ground, it might equally well be carried back to the reign of Edward the Second ; and if a period were to be fixed so far back as to let in all evidence which would now be available, we must adhere to the reign of Richard the First, and allow things to remain as they are. " Every period of prescription fixed by law supposes that some claims are excluded by it, which would otherwise be established ; even the existing limit of sixty years to a writ of right must bar claims which might other- wise be established; but we have proposed, that the period of limitation with respect to land should be materially shortened, and we have reason to believe, that this proposal has met with general approbation. There are defects necessarily inherent in all human in- stitutions, and inconveniences will be felt, not only from existing laws, but from any amendment of them. The legislature can only consider what is likely to produce the greatest good with the least evil. " We propose a period of sixty years, and two incumbencies, with three years of a third incumbency, as to exemptions from tithes, and as to moduses, compositions real, and glebe lands. A succession of incumbencies is a necessary ingredient in the proposition, on account of the risk of a particular incum- bent being careless or poor, or of there being collusion between the incumbent and the patron, who has land in the parish; but any risk from the character of the individual incumbent, or from collusion between the incumbent and patron for more than two in- cumbencies in succession, cannot be allowed for without too great a sacrifice of the objects to be attained ; and it seems not unreasona- ble to presume, that, within the period we propose, there may be an incumbent able and willing to assert the rights, the protection of which is left in his hands." Third Report of Commissioners on the Law of Real Pro- perty, 60-62. (1) Modus decimandi: — Vide Driffield {Clerk) v. Orrell, 6 Price, 324. 3 E. & Y. 834. Levesque de Winchester's case, 2 Co. 44. Baudink v. Bushel, 1 Keb. 602. Hall v. Maltby, 6 Price, 255. 3 E. & Y. 928. Perry v. Soam, Cro. Eliz. 139. (2) Discharge of tithes: — Non-payment of tithes will not raise, as against a lay im- propriator, a presumption of a grant of tithes to the landowner. Bayley v. Drover, 1 A. & E. 449. Vide. Fellowei, v. Clay, 4 Q. B. 313. STATUTA GULIELMI IV. A.D. 1830-1837. 1505 time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind shall be claimed, and for not less than three years after the appointment and institution or induction of a third person thereto ; provided always, that if the whole time of the holding of such two persons shall be less than sixty years, then it shall be necessary to show such payment or render of modus made or enjoyment had, (as the case may be,) not only during the whole of such time, but also during such further number of years, either before or after such time, or partly before and partly after, as shall with such time be sufficient to make up the full period of sixty years, and also for and during the further period of three years after the appointment and institution or induction of a third person to the same office or benefice, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing. "II. And be it further enacted, that every composition for tithes which hath been made or confirmed by the decree of any court of equity in England in a suit to which the ordinary, patron, and incumbent were parties, and which hath not not since been set aside, abandoned, or departed from, shall be and the same is hereby confirmed and made valid in law; and that no modus, exemption (1), or discharge shall be deemed to be within the provisions of this act, unless such modus, exemption, or discharge shall be proved to have existed and been acted upon at the time of or within one year next before the passing of this act. " III. Provided always, that this act shall not be prejudicial or available to or for any plaintiff or defendant in any suit or action relative to any of the matters before mentioned, now commenced, or which may be hereafter commenced, during the present session of parliament, or within one year from the end thereof. " IV. Provided also, and be it further enacted, that this act shall not extend or be applicable to any case where the tithes of any lands, tenements, or heredita- ments shall have been demised by deed for any term of life or number of years, or where any composition for tithes shall have been made by deed or writing, by the person or body corporate entitled to such tithes, with the owner or occupier of the land, for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this act, and where any action or suit (2) shall be instituted for the recovery or enforcing the payment of tithes in kind within three years next after the expiration, surrender, or other determination of such demise or composition. " V. Provided also, and be it further enacted, that where any lands or tene- ments shall have been or shall be held or occupied by any rector, vicar, or other Stat. 2 & 3 Gul.4, c. 100. Proviso. What compo- sitions for tithes shall be considered valid. The act not available in any suit now commenced, &c. To what cases this act shall not extend. Time during which lands (1) Exemption: — The time limited by Stat. 2 & 3 Gul. 4, c. 100, applies only to the proof of non-payment of tithes, and the legal origin of exemption must, therefore, be proved in the same manner as was required before the passing of that statute. Salkeld v. Johnston, 6 Jurist, 210. Vide Addenda. (2) Action or svAt: — Where a bill for tithes was filed against occupiers of lands within the time prescribed by Stat. 2 & 3 Gul. 4, c. 100, and the bill was subsequently, and after the period limited by the act, amended, by making the owner of the lands a party : it was held, that the original and the amended bill formed but one record ; and that the suit was, therefore, instituted against the owner within the time prescribed by the statute. Thorpe v. Mattingley, 2 Y. & C. 421. In Byron v. Cooper, (8 Jurist, 991,) it appeared, that on August 5th, 1833, a bill for tithes was filed by an ecclesiastical rec- tor, against the occupiers of certain lands, which, in November, 1834, was amended by adding the occupiers of certain other lands, as parties defendant thereto, but no evidence was adduced of any matter excepting the case of the last mentioned defendants ; from the operation of Stat. 2 & 3 Gul. 4, c. 100, s. 3, it was held, upon appeal to the House of Lords, reversing the decision of the court below, that the bill should be dismissed a- gainst such defendants, with costs. A modus of Ad. per acre for ancient pasture in the occupation of out-residents is good; and an issue was directed to try the validity of such modus when pleaded for lands which, at the commencement of legal memory, were pasture lands, but have since been ploughed up, and subsequently laid down in pasture. Ibid. Where a composition for tithes, made in the year 1711, and duly confirmed by the court of Chancery in 1715, was set aside by a decree of the court of Exchequer in equity, in a suit commenced within the time limited by Stat. 2 & 3 Gul. 4, c. 100, s. 3 : it was held, that the rector might bring an action of debt on Stat. 2 & 3 Edw. 6, for not set- ting out the tithes, before the determination of an appeal to the House of Lords against the decree of the court of Exchequer. Thorpe v. Mattingley, 5 M. & W. 302. 5 D 1506 STATUTA GU LI EL MI IV. A.D. 1830—1837. Stat. 2 & 3 Gul.4,c.100. shall be held by persons entitled to the tithes thereof to be excluded in the com- putation under this act; as also the time during which any person capable of resisting any claim shall be an infant, &c. What it shall be sufficient to allege in actions commenced under this act. No presump- tion allowed in support of any claim for any lessrperiodthan mentioned in this aot. Act to extend to England only. person entitled to the tithes thereof, or by any lessee of any such rector, vicar, or other person, or by any person compounding for tithes with any such rector, vicar, or other person, or by any tenant of any such rector, vicar, or other person, or of any such lessee or compounder, whereby the right to the tithes of such lands or tenements may have been or may be during any time in the occupier thereof, or in the person entitled to the rent thereof, the whole of every such time and times shall be excluded in the computation of the several periods of time hereinbefore mentioned. " VI. Provided also, that the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or lay tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore men- tioned, except only in cases where the right or claim is hereby declared to be abso- lute and indefeasible. " VII. And be it further enacted, that in all actions and suits to be commenced after this act shall take effect, it shall be sufficient to allege that the modus or exemption or discharge claimed was actually exercised and enjoyed for such of the periods mentioned in this act as may be applicable to the case ; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, con- tract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the simple fact of the exercise and enjoyment of the matter claimed, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of the matter claimed. " VIII. And be it further enacted, that in the several cases mentioned in and provided for by this act, no presumption shall be allowed or made in favour or support of any claim upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this act as may be applicable to the case and to the nature of the claim. " IX. Provided also, and be it further enacted, that this act shall not extend to Scotland or Ireland." Stat. 2 & 3 Gul. 4, CAP. cm. L. Stat. 2 & 3 Gulielmi 4, cap. cm. A.D. 1832. "An Act for zmiting the Funds of the North and South Charitable Infirmaries of the City of Cork, and for establishing in lieu of such Infirmaries one general Hospital for the said City" Stat. 2 & 3 Gul. 4, cap. ex. LI. Stat. 2 & 3 Gulielmi 4, cap. ex. A.D. 1832. "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis" Stat. 2 & 3 Gul. 4, c. 115. 1 G. & M. c. 18.- LII. Stat. 2 & 3 Gulielmi 4, c. 115(1). A.D. 1832. "An Act for the better securing the Charitable Donations and Bequests of His Majesty's Subjects in Great Britain professing the Roman Catholic Religion" " Whereas by an act passed in the first year of the reign of King William and Queen Mary, intituled, ' An Act for exempting His Majesty's Protestant Subjects (1) Where a testator gave two legacies to the respective trustees of certain Roman catholic schools, upon trust for carrying on the good designs of such schools, and the testator died in 1823 : it was held, that Stat. 2 ik 3 Gul. 4, c. 115, for securing the charita- ble donations and bequests of his majesty's Roman catholic subjects, was retrospective, and that the trustees of the Roman catholic schools were entitled to the legacies : Lord Chancellor Brougham observing, "He was of opinion that the act was retrospective; and that, as the trustees of the school were not litigant parties in the suit, which was a mere suit for the administration of the testa- tor's estate, the case did not fall within the exception in the third section of the act." Bradshaw v. Tasker, 2 M. & K. 221. STATUTA GULIELMI IV. A.D. 1830 — 1837- 1507 dissenting from the Church of England from the Penalties of certain Laws/ and by Stat. 2 & 3 certain subsequent statutes, the schools and places for religious worship educa- Gul. 4, c. 115. (V> Religions worship: — It appeared in West v. Shuttleworth, (2 M. & K. 684,) that a testatrix directed several sums to be paid to certain Roman catholic priests and chapels, desiring that they might be paid as soon as pos- sible after her decease, that she might have the benefit of their prayers and masses ; and she gave the residue of her property to trustees, upon trust, to pay 10/. each to the ministers of certain specified Roman catholic chapels, for the benefit of their prayers for the repose of her soul and that of her deceased husband, and to appropriate the remainder in such way as they might judge best calculated to pro- mote the knowledge of the catholic Christian religion among the poor and ignorant inha- bitants of Swale Dale and Wenston Dale : it was held, that the gifts to priests and chapels were void, and that the next of kin was en- titled to the benefit of the failure, but that the gift of the residue was valid within Stat. 2 & 3 Gul. 4, c. 115. Sir Charles Pepys observing, "The testatrix in this case, after giving several legacies, some of which were for charitable purposes, as to the residue of her estate and effects, be- queathed the same to Sir Henry Lawson and Simcn Scroop, and she appointed John Carr, John Shuttleworth, and John Furniss, her executors. There is then a paper entitled, ' Omitted in my will, chapels and priests. To the chapel of St. George's Fields, London road, 10/. ; to St. Patrick's chapel, Sutton street, 10/.; to Litchfield chapel, 10/.' Se- veral small legacies are then enumerated to several clergymen by name, and then comes this note : 1 Whatever I have left to priests and chapels, it is my wish and desire the sums may be paid as soon as possible, that I may have the benefit of their prayers and masses.' There is then a letter signed by the testatrix, and addressed to Sir John Lawson and Simon Scroop, which has been proved as testamentary, as follows : ' Gentlemen, I have herewith sent a duplicate of my will, whereby you will perceive that I have taken the liberty of bequeathing the residue of my property to you, in confidence that you will appropriate the same in the manner most consonant to my wishes, which are as fol- lows : that the sum of 10/. each be given to the ministers of the Roman catholic chapels of Greenwich, St. George's in the Fields, Sutton street, Soho square, and York, for the benefit of their prayers for the repose of my soul, and that of my deceased husband, George Townsend, and that the remainder be appropriated by you in such way as you may judge best calculated to promote the know- ledge of the catholic Christian religion amongst the poor and ignorant inhabitants of Swale Dale and Wenston Dale, in the county of York.' "These legacies are objected to upon two grounds : first, as to the legacies to the priests and chapels, upon the ground that they are for superstitious uses, and therefore void; and secondly, as to the residue, be- cause it is given for the express purpose of promoting the Roman catholic religion. " I shall first consider the objection to the gift of the residue. The Stat. 2 & 3 Gul. 4, c. 115, puts persons professing the Roman catholic religion upon the same footing with respect to their schools, places for religious worship, education, and charitable purposes, as protestant dissenters ; and the case of Bradshaw v. Tasker, (2 M. & K. 221,) de- cided that the act was retrospective, and that the third section did not exclude the legacies in question in the cause from the operation of the act, because the suit was only for the administration of the estate. In the present case, the bill filed by the next of kin claimed the property, as inapplicable, under the Sta- tute of Mortmain, to any charities, and not because it was given to promote the catholic religion, or to give instruction to those who profess it; and the letter which raises the question as to the residue was not proved until the 15th of January, 1834, so that it cannot be said that the property in question was in btigation, discussion, or dispute, upon the point now contended for, at the time the act passed in 1832. " This act makes it unnecessary to consi- der what was the state of the law, before it passed, with respect to such dispositions of •property in favour of Roman catholics. It is only necessary to inquire what is now the state of the law with respect to similar dis- positions of property in favour of protestant dissenters. The trust is to appropriate the residue in such way as the trustees shall judge best calculated to promote the know- ledge of the catholic Christian religion among the poor and ignorant inhabitants of cer- tain places named. In the case of Brad- shaw v. Tasker, (Ibid.) the gift was in fa- vour of certain cathobc schools, and to be applied towards carrying on the good designs of the said schools. Now, can it be said that to promote the carrying on the good designs of catholic schools differs in principle from promoting the knowledge of the catholic Christian religion amongst the poor and ig- norant ? In Attorney- General v. Pearson, (3 Meriv. 409,) Lord Eldon says, ' that the court will administer a fund given to main- tain a society of protestant dissenters pro' moting no doctrine contrary to law, although such as may be at variance with the doctrine of the established church.' In Attorney- General v. Hickman, (2 Eq. Abr. 193,) a legacy was established, which was given for encouraging such nonconforming preachers to preach God's word in places where the people are not able to allow them a sufficient and suitable maintenance, and for encouraging the bringing up some to the work of the mi- nistry, who are designed to labour in God's vineyard among the dissenters, leaving the particular mode to the trustees. Waller v. Childs, (Ambl. 524,) and the cases which continually occur of funds left to support the chapels and schools of dissenters, proceed upon the same principle, and leave no doubt in my mind of the validity in law of the gift of the residue. "The gifts to priests and chapels remain 5 D 2 1508 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 2 & 3 Gul.4,c.115. 1700, c. 3. Roman catho- lics to be sub- ject to the same laws as protestant dissenters, with respect to schools and places of worship. Roman catholic tion, and charitable purposes of protestant dissenters, are exempted from the opera- tion of certain penal and disabling laws to which they were subject previously to the passing of the said recited act of the first year of the reign of King William and Queen Mary ; and whereas by certain acts of the parliament of Scotland, and particularly by an act passed in the year one thousand seven hundred, intituled, ' An Act for preventing the Growth of Popery,' various penalties and disabilities were imposed upon persons professing the Roman catholic religion in Scotland ; and whereas, notwithstanding the provisions of various acts passed for the relief of his majesty's Roman catholic subjects from disabling laws, doubts have been enter- tained whether it be lawful for his majesty's subjects professing the Roman catho- lic religion in Scotland to acquire and hold in real estate the property necessary for religious worship, education, and charitable purposes ; and whereas it is expedient to remove all doubts respecting the right of his majesty's subjects professing the Roman catholic religion in England and Wales to acquire and hold property neces- sary for religious worship, education, and charitable purposes ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authrity of the same, that from and after the passing of this act his majesty's subjects professing the Roman catholic religion, in respect to their schools, places for religious worship, education, and charitable purposes, in Great Britain, and the property held therewith, and the persons employed in or about the same, shall in respect thereof be subject to the same laws as the protestant dissenters are subject to in England in respect to their schools and places for religious worship, education, and charitable purposes, and not further or otherwise. " II. Provided always, and be it further enacted, that in all cases in which to be considered, and these are not affected by Stat. 2 & 3 Gul. 4, c. 115, which applies only to schools, places for religious worship, education, and charitable purposes. Taking the first gift to priests and chapels in connec- tion with the letter, there can be no doubt that the sums given to the priests and chapels were not intended for the benefit of the priests personally, or for the support of the chapels for general purposes, but that they were given, as expressed in the letter, for the bene- fit of their prayers for the repose of the tes- tatrix's soul and that of her deceased hus- band; and the question is, whether such legacies can be supported. It is truly ob- served by Sir William Grant, in Cary v. Abbot, (7 Ves. 490,) that there was no sta- tute, making superstitious uses void generally, and that the statute of Edward the Sixth re- lated only to superstitious uses of a particu- lar description then existing; and it is to be observed, that that statute does not declare any such gift to be unlawful, but avoids cer- tain superstitious gifts previously created. The legacies in question, therefore, are not within the terms of the statute of Edward the Sixth, but that statute has been considered as establishing the illegality of certain gifts, and, amongst others, the giving legacies to priests to pray for the soul of the donor has, in many cases collected in Duke, (p. 466,) been decided to be within the superstitious uses intended to be suppressed by that statute. I am therefore of opinion that these legacies to priests and chapels are void. " What then is to become of the amount of such legacies ? The statute of Edward the Sixth gives to the king such property devoted to superstitious uses as that act affects ; but the legacies in question are not within the terms of the act, but are void on account of the general illegality of the object they were intended to answer. It has been decided, that where legacies are given to charities, which charities cannot take effect, the object being considered as superstitious, then the duty of appropriating the amount to other charitable purposes devolves upon the crown, as in Cary v. Abbot, (7 Ves. 490;) but in that case and the cases there cited, the object of the gift was clearly charity. In the pre- sent case, according to the construction I have put upon these legacies, there was no- thing of charity in their object; the inten- tion was not to benefit the priests, or to sup- port the chapels, but to secure a supposed benefit to the testatrix herself. Upon what ground, then, can the crown claim ? Not by virtue of Stat. 1 Edw. 6, for the case is not within that act ; and not upon the ground of the money given being devoted to charity, the mode of applying which devolves upon the crown. Doubts have been entertained, how far it was correct to give to the crown, for the purpose of being applied to charity, funds given for charitable purposes which are illegal, as in the case of Corbyn v. French, (4 Ibid. 418,) and in Be Garcin v. Lawson, in the note to that case ; but in all such cases charity was the object of the gift; and how can the claim of the crown attach to gifts void because superstitious, but of which cha- rity was no part of the object? These gifts are void because illegal ; and as they therefore cannot take effect, and as the crown cannot claim either under Stat. 1 Edw. 6, or upon the authorities which give to the crown the right to direct the application of charity legacies, which cannot be carried into effect according to the directions of the donor, I am of opinion, that the next of kin are en- titled." STATUTA GULIELMI IV. A.D. 1830—1837. 1509 schoolmasters or other persons employed in such schools or other places are, as a legal qualification for such employments, now required by law to take the oath of supremacy, or the oath or declaration against transubstantiation and the invocation of saints and sacrifice of the mass, or to receive the sacrament of our Lord's supper, or, in Scotland, to subscribe the formula annexed to the foresaid act for preventing the growth of popery, and such schoolmaster, or other master, professing himself a Roman catholic, shall, in lieu of the qualification aforesaid for holding such employment, take the oath contained in the statute passed in the tenth year of his late majesty, intituled, * An Act for the Relief of His Majesty's Roman Catholic Subjects,' and at the times and in manner in that act mentioned. " III. Provided always, and be it further enacted, that nothing in this act con- tained shall affect any suit actually pending or commenced, or any property now in litigation, discussion, or dispute, in any of his majesty's courts of law or equity in Great Britain. " IV. Provided always, and be it further enacted, that nothing in this act con- tained shall be taken to repeal or in any way alter any provision of an act passed in the tenth year of the reign of his late majesty King George the Fourth, inti- tuled, ' An Act for the Relief of His Majesty's Roman Catholic Subjects,' respect- ing the suppression or prohibition of the religious orders or societies of the church of Rome bound by monastic or religious vows. " V. Provided always, and be it further enacted, that all property to be acquired or held for such purposes of religious worship, education, and charitable purposes, in England and Wales, shall be subject to the provisions of an act passed in the ninth year of the reign of King George the Second, intituled, 4 An Act to restrain the Disposition of Lands whereby the same may become unalienable,' and to the same laws as the protestant dissenters are subject to in England in respect of the acquiring or holding of such property ; provided always, that nothing in this act contained shall be taken to extend the provisions of the said last-recited act to that part of Great Britain called Scotland." MIL Stat. 2 & 3 Gulielmi 4, c. 119(1). [Ireland.] A.D. 1832. "An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent" LIV. Stat. 2 & 3 Gulielmi 4, c. 127(2). A.D. 1832. "An Act for appointing additional Commissioners to put in execution the Acts for granting an Aid to His Majesty by a Land Tax, and continuing the Duties on Personal Estates, Offices, and Pensions" Stat. 2 & 3 Gul.4,c.115. schoolmasters, when required to take oath, to take that prescribed bv 10 Geo. 4, c. 7. Act not to affect pending suits; nor to repeal provisions in 10 Geo. 4, c. 7, for suppression of certain reli- gious societies. Property held for the pur- poses men- tioned in this act, in England and Wales, to be subject to the provisions of 9 Geo. 2, c. 36. Stat. 2 & 3 Gul.4,c.119. [I*.] Stat. 2 & 3 Gul.4,c.127. LV. Stat. 3 & 4 Gulielmi 4, c. 9. A.D. 1833. Stat. 3 & 4 "An Act for incorporating the Members of a Society, commonly called (The Sea- GuL' 4» c- 9- man's Hospital Society,' and their Successors, as therein is mentioned and provided; and for the better enabling and empowering them to carry on the Charitable and Useful Designs of the same Society." LVI. Stat. 3 & 4 Gulielmi 4, c. 19. A.D. 1833. "An Act for the more effectual Administration of Justice in the Office of a Justice of the Peace in the several Police Offices established in the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity for three years." " II. And be it further enacted, that one or more of the said justices so ap- Time of pointed shall diligently attend at each of the said police offices every day from ten attendance Stat. 3 & 4 Gul. 4, c. 19. (1) Vide Stat. 3 & 4 Gul. 4, c. 37, s. 163 ; and Stat. 1 & 2 Vict. c. 109. (2) This statute does not affect ecclesias- tical property, more, 743. 4 Burn's E. L. by Philli- 1510 STATU T A GULIELMI IV. A.D. 1830—18.37. Stat. 3 & 4 Gul. 4, c. 19. Empowering the court of aldermen, or two justices, to regulate the route and con- duct of per- sons driving stage carriages, cattle, &c. during the hours of divine of the clock in the morning until eight of the clock in the evening, and at such other times and places as shall he found necessary, and directed by one of his majesty's principal secretaries of state, and that two of the said justices shall in like manner attend together at each of the said offices from twelve of the clock at noon until three in the afternoon : provided always, that no such attendance shall be given on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast, or thanksgiving, unless in cases of urgent necessity, or when it shall be directed by such principal secretary of state. " XXVI. And whereas great inconvenience has arisen from the driving of stage carriages, and from the driving of cattle, sheep, pigs, and other animals in the streets and highways of the metropolis during the hours of divine service, and it is expedient that regulation should be made for preventing such interruption and annoyance, be it therefore enacted, that on the application of the minister or churchwardens ot any church, chapel, or other place of public worship, to the court of aldermen of the city of London, if the same shall be situated in the city of London or the liberties thereof, or to any two of the justices of the said public office in Bow street, or to any two of the justices appointed to attend at any of the said police offices which shall be in the vicinity of such church or chapel, or place of public worship, if the same shall be situated within the limits and parishes afore- said, it shall be lawful for the court of aldermen, or for such two justices, as the case may be, to make rules or orders for regulating the route and conduct of per- sons who shall drive any stage carriage, or who shall drive any cattle, sheep, pigs, or other animals within such parish or place during the hours of divine service, on Sunday, Christmas Day, Good Friday, or any other day appointed for a public fast or thanksgiving, and to annex reasonable penalties for the breach of such rules or orders, not exceeding forty shillings, with costs, if ordered, for any such offence, provided the same be not repugnant to the laws of the realm, and from time to time to alter and amend the same if necessary, and every breach of any such rule or order shall be deemed a separate offence ; and any person who shall offend against any such rule or order shall on conviction thereof before any justice of the peace, forfeit and pay such penalty as shall be adjudged, and in default of payment within such time as such justice at the time of conviction shall appoint, shall be liable to be imprisoned for any term not exceeding one month ; and any person committing any offence against any such rule or order may be immediately appre- hended, without any warrant, by any constable who shall see such offence com- mitted, and be conveyed before a justice of the peace, to be dealt with as hereinbefore is mentioned; and any justice of the peace, on complaint made to him that any such offence hath been committed within his jurisdiction, may issue his warrant for the apprehension of any such offender ; provided always, that when any such rules or orders shall have been made by the court of aldermen of the city of London, or by any two justices as hereinbefore is mentioned, the same shall be printed and affixed on the church, chapel, or place of public worship to which the same shall refer, and in the most conspicuous places leading to and contiguous thereto, and elsewhere, as the said court of aldermen or the said justices shall direct." Stat. 3 & 4 Gul. 4, cap. xx. LVII. Stat. 3 & 4 Gulielmi 4, cap. xx. A.D. 1833. 'An Act for taking down the Parish Church of Stretton-upon-Dunsmore, in the Count]/ of Warwick, and Diocese of Lichfield and Coventry, and building a new Church in lieu thereof." Stat. 3 & 4 Gul. 4, cap. xxiii. LVIII. Stat. 3 & 4 Gulielmi 4, cap. xxiii. A.D. 1833. 'An Act to enable the Trustees of the Blue Coat Charity School at Stockton, in the County of DurJiam, to sell and dispose of certain Lands and Hereditaments belonging to the said Charity, and to purchase and acquire other Lands in lieu thereof, and also the Reversion of the Lands held by them for Lives."'' STATUTA GULIELMI IV. A.D. 1830— 183V. 1511 LIX. Stat. 3 & 4 Gulielmi 4, c. 2V(1). A.D. 1833. Stat. 3 & 4 Gul. 4, c. 27. "An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto." " Be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present assembled, and by the authority of the same, that the words and expressions here- Meaning of the inafter mentioned, which in their ordinary signification have a more confined or a *c°rds m the different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows ; (that is to say,) the word 'land' shall extend to manors^), messuages, and all "Land." other corporeal hereditaments (3) whatsoever, and also to tithes (other than tithes (1) The following has been extracted from the First Report of Commissioners on the Law of Real Property [presented May 11th, 1829] : " The various Statutes of Limitation which have been hitherto passed in this country, (with the exception of an enactment in Stat. 53 Geo. 3, c. 127, s. 5, confining suits for recovering the value of tithes to a period of six years,) apply only to legal remedies, and, therefore, have no direct operation on equi- table estates or interests. But according to the maxim, that ' equity follows the law,' courts of equity, in analogy to the Statutes of Limitation, have laid down rules by which they have refused relief, where, if the estate of the claimant were legal instead of equita- ble, lapse of time would be a bar to a legal remedy. They have disregarded the periods of sixty, fifty, and thirty years, allowed for bringing writs of right and writs of entry, and (as it is now generally understood,) have adopted, as the limit of their relief, the period of twenty years given by Stat. 21 Jac. 1, c. 16, for making an entry on lands, or bring- ing an ejectment, adhering likewise to the statutable provisions respecting disabilities, but excepting certain cases affected by fraud or trust. " The question arises, whether the direct operation of the Statutes of Limitation should still be confined to legal remedies, or whether there should not be express legislative enact- ments upon this subject, applicable to equi- table estates and interests. As adverted to above, the legislature has already begun to apply limitation to suits in equity, and we conceive that this system may now be advan- tageously acted upon. When the ancient Statutes of Limitation passed, equitable juris- diction was of small account ; but a very large proportion of the real property of the country is now subject to that jurisdiction, and there seems no sufficient reason why the regulation of such property should continue to be left to the variable discretion of a judge. A case very recently occurred, where an estate sub- ject to a mortgage in fee, being in settlemeut, with an ultimate limitation to the right heirs of a particular person, a stranger, on the ex- piration of the previous estate, entered, claim- ing to be entitled under the limitation; and he and his son, upon his death, continued in quiet possession, paying interest upon the mortgage, for twenty years. After a differ- ence of opinion between judges of great emi- nence, it was held, that the devisee of the person really entitled under the limitation was barred by lapse of time. This decision, although generally approved of, has been censured by some, and the doctrine founded upon it may be qualified in subsequent cases. Hence, without a positive law to refer to, some uncertainty and uneasiness must prevail, and practising lawyers sometimes find it impossi- ble to give a confident opinion upon titles sub- mitted to them." First Report of Commis- sioners on the Law of Real Property, p. 48. " Where a mortgagee has been twenty years in possession, without any payment, or pro- mise, or acknowledgment, to show that the relation of mortgagor and mortgagee con- tinues, the right to redeem is gone ; but evi- dence of any acknowledgment in writing, or by parol, to the mortgagor or to a stranger, or any memorandum or account found among the papers of the mortgagee, admitting or evidencing that he holds in that character, interrupts the bar. For this reason, mort- gage titles are insecure, and, for a very long period, almost wholly unmarketable. When the price of land is depressed, and the mort- gaged premises are not worth the mortgage money, they are abandoned by the mortgagor. From some local or general cause, or from actual improvements by the mortgagee, the value, after many years, is increased. A bill to redeem may then be supported by some expression the mortgagee is sworn to have used in conversation, or some private note, which he is compellable to divulge, written by him, within twenty years. In analogy to the salutary statute lately passed, (9 Geo. 4, c. 14,) respecting acknowledg- ments and promises to revive debts barred by the Statute of Limitations in personal ac- tions, and to render adults liable for debts contracted during infancy, we propose that it should be enacted, that where the mort- gagee is in possession, the bar in equity shall not be affected by any promise, statement, or acknowledgment, unless it were in writing, and made by the mortgagee, or those claim- ing under the mortgagee, to the mortgagor, or those claiming under the mortgagor." Ibid. p. 50. (2) Shall extend to manors: — Vide Doe d. Beck v. Heakin, 6 A. & E. 495. Parrot t v. Palmer, 3 M. & K. 362. (3) Corporeal hereditaments: — Vide Co. Lit. 4, 6 (a). Winchester's (Le Marques de) case, 3 Co. 2. Touchst. by Atherley, 91. 1512 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 27. " Rent." Person through whom another claims. " Person." Number and gender. No land or rent to be recovered but within twenty belonging to a spiritual(\) or eleemosynary (2) corporation sole(S),) and also to any share, estate;, or interest in them or any of them, whether the same shall be & free- hold or chattel interest (4), and whether freehold or copyhold (5), or held according to any other tenure (6); and the word 'rent' shall extend to all heriots(7), and to all services (8) and suits (9) for which a distress may be made, and to all annui- ties and periodical sums of money cnarged upon or payable out of any land (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole) ; and the person through whom another person is said to claim (10) shall mean any person by, through, or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed as heir(ll), issue in tail(12), tenant by the courtesy of England {13), tenant in dower, successor (14), special (15) or general occupant (16), executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming, or some person through whom he claims, became entitled as lord by escheat (17); and the word 'person' shall extend to a body politic, corpo- rate^ or collegiate (18), and to a class of creditors or other persons, as well as an individual ; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. " II. And be it further enacted, that after the thirty-first day of December, one thousand eight hundred and thirty-three, no person shall make an entry or distress, or bring an action to recover any land (Id) or rent but within twenty years next after the time at which the right to make such entry (20) or distress, or to bring (1) Tithes belonging to a spiritual: — Vide Co. Lit. 150 (a). 1 Kyd on Corporations, 22. (2) Or eleemosynary : — Vide 1 Bell's Law Diet. tit. Community. Sutton's Hospital (Le case de), 10 Co. 31, 35. Philips v. Bury, Skin. 484. 1 Ld. Raym. 6. Rex v. Cambridge (Vice-chancellor of), 3 Burr. 1652, 1656. (3) Corporation sole: — Vide Co. Lit. 43. Sutton's hospital (Le case de), 10 Co. 29 (a). Wood's Inst. 109. (4) Freehold or chattel interest: — An in- terest for a definite space of time. 1 Preston on Estates, 203. Corbet's (Sir Andrew) case, 4 Co. 81 (b). (5) Copyhold: — Vide Rex v. Hexham (Lord of the manor of), 5 A. & E. 509. 1 N. & P. 53. Doe d. North v. Webber, 5 Scott, 189. 3 Bing. N. C. 922. (6) Any other tenure: — Vide 1 Cruise's Digest, 2 & 3. (7) ' Rent' shall extend to all heriots: — Vide Co. Lit. 14 (b). Stat. 4 Geo. 2, c. 28, s. 5 ; as to a rent-charge, vide Cupit v. Jack- son, M'Clel. 495; and as to a pecuniary pay- ment in lieu of a heriot, vide Groome v. Guise, 4 Bing. N. C. 148. 5 Scott, 453. (8) Services: — Vide Tomkins v. Crocker, 2 Salk. 604. Carth. 520. Lanyon v. Came, 2 Saund. 168. Coke's Copyholder, s. 24. (9) Suits: — An annuity under a will is within the section. James v. Salter, 4 Scott, 168. 3 Bing. N. C. 544. 5 Dowl. P. C. 496. (10) Through whom another person is said to claim: — Where, on the death of a father intestate seised of lands in fee, his second son enters without title, such entry is deemed to be for the use of the eldest son, and the Statute of Limitations does not run against such eldest son, the possession of the second son being his possession. Dowdall v. Byrne, Batty (Irish), 373. Doe d. Duroure v. Jones, 4 T. R. 300. Doe d. George v. Jes- son, 6 East, 80. (11) As heir: — Vide Counden v. Gierke, Hob. 31. CI 2) Issue in tail : — Vide Woodwright v. Wright, 10 Mod. 370. Str. 25. (13) Tenant by the courtesy of England: — Vide Paine' s case, 8 Co. 34 (b). Dyer, 25, pi. 159. (14) Successor -. — Vide Co. Lit. 94 (b). (15) Special: — If an estate pur auter vie be limited to A., his heirs, executors, admi- nistrators, or assigns, and be not devised, it descends to the heir as special occupant. Atkinson v. Baker, 4 T. R. 229. (16) Or general occupant: — Vide Doe d. Foster v. Scott, 7 D. & R. 190. 4B.&C. 706. (17) Lord by escheat: — Vide Burgess v. Wheate, 1 Eden, 177. Henchman v. Attor- ney-General, 2 S. & S. 498. Stat. 4 & 5 Gul. 4, c. 23. (18) Corporate, or collegiate: — Vide Phillips v. Bury, 2 T. R. 346. (19) Recover any land: — Vide Doe d. Jones v. Williams, 5 A. & E. 291. This in- cludes "common" inclosed for twenty years, and after which time the right of entry is gone. Hawke v. Bacon, 2 Taunt. 159. Creach v. Wilmot, Ibid. 160, n. (20) The right to make such entry:— The claimant must have a right of possession, as well as a right of property. Taylor v. Horde, 1 Burr. 119. Doe d. Cook v. Dan- vers, 7 East, 299. Doe v. Rolfe, 3 N. & P. 648. Doe d. Harris v. Sounder, 5 A. & E. 664. Cox v. King, 4 Scott, 553. A right to a watercourse is not destroyed by the owners' altering the course of the stream; and the owner may establish his claim notwithstand- ing an interruption within twenty years of STATUTA GULIELM1 IV. A.D. 1830—1837. 1513 such action shall have first accrued (1) to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within twenty years next after the time at which the right to make such entry or distress or to hring such action shall have first accrued to the person making or bringing the same (2). " III. And be it further enacted, that in the construction of this act (3) the right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereinafter is mentioned ; (that is to say,) when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession (4) or in receipt of the profits (5) of such land, or in receipt of such rent{Q), and shall while entitled thereto have been dispossessed, or have dis- continued such possession or receipt (7), then such right shall be deemed to have first accrued at the time of such disposition or discontinuance of possession, or at Stat. 3 & 4 Gul. 4, c. 27. years after the right of action accrued to the claimant or some person whose estate he claims. When the right shall be deemed to have accrued: in the case of an estate in possession ; on dispos- his action brought to enforce the right. Hall v. Swift, 4 Bing. N. C. 381. (1) Shall have first accrued: — This sec- tion includes a wrongful holding over of pos- session, after the expiration of a title under which the adverse party lawfully entered. Doe v. Gregory, 4 N. & M. 308. (2) Bringing the same: — Where a les- sor permits his lessee, during the continu- ance of the lease, to pay no rent for twenty years, the lessor is not therefore barred by Stat. 3 & 4 Gul. 4, c. 27, s. 2, from recover- ing the premises in ejectment. The case falls within the latter branch of the third sec- tion, which, in the case of an estate or inte- rest in reversion, provides, that the right of action shall be deemed to have first accrued, when it became an estate or interest in pos- session. The lessor, therefore, may recover in ejectment at any time within twenty years after the determination of the lease. Doe d. Davy v.Oxenham, 7 M. & W. 131. Where in 1788 estates were settled by marriage settlement, to the use of the wife for life, with remainders to her issue in tail, with remainder to the settler (whose heiress at law she was) in fee; and in 1818, by deeds to which the husband and wife and their only son, R. G., were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the hus- band for life, remainder to the wife for life, remainder to R. G., the son, for life, re- mainder to his issue in tail, remainder to I. F. his sister for life, with other remainders over; and the husband died in 1819, the wife in 1822, and R. G. in 1828 : it was held, that inasmuch as the estate of I. F. was carved out of the estate tail of R. G. she had the same period for bringing an eject- ment in respect of any of the estates com- prised in any of the above deeds, as he would have had, if he had continued alive, viz. twenty years from the year 1822, when his remainder came into possession. Doe d. Curzon v. Edmonds, 6 Ibid. 295. (3) In the construction of this act : — By Stat. 3 & 4 Gul. 4, c. 27, s. 3, the doctrine of non- adverse possession is done away with, except in the cases provided for by sect. 15, and an ejectment must be brought within twenty years after the original right of entry of the plaintiff, or of the party under whom he claims accrued, whatever be the nature of the defendant's possession. Nepean {Bart.) v. Knight, 2 Ibid. 894. (4) Have been in possession: — The gene- ral possession of a lord of a manor will not suffice. Cullen(Lord) v. Johnson, Str.1142. Doe d. Davy v. O.renham, 7 M. & W. 131. In Doe d. Thompson v. Thompson, (6 A. & E. 721,) it was holden, under Stat. 3 & 4 Gul. 4, c. 27, s. 2, that no title accrues to a party who was tenant at will, and held with- out interruption for twenty years, after the expiration of the first year, but who had quitted possession before the act passed ; and as against the original landlord, and those claiming under him, such party is without title, independently of sect. 15. Nor can he, by virtue of the first mentioned clauses, re- cover in ejectment, even against a stranger. Where B. S. was in possession of certain lands under a lease for thirty-one years, made in the year 1753, and continued in possession till 1811; no rent having been paid, or any act done by B. S. acknowledging a tenancy after the expiration of the lease, in 1784: it was held, that after the expiration of the lease, the possession of B. S. was that of a tenant at sufferance, and that there was no adverse possession by B. S. against the lessor in the lease, or those claiming under him. Howard v. Sherwood, 1 Alcock & Napier (Irish), 217. It also appeared, that after the death of B. S. in 1811, the defendants entered into possession of the lands, and con- tinued in possession without any act of ac- knowledgment of a tenancy, till the bringing of the ejectment, which was within twenty years from the death of B. S.: and it was held, that this possession was no bar under the Statute of Limitations. Ibid. Semble, that the judge at the trial might have left it to the jury to have presumed an ouster. Ibid. (5) Profits .— Vide 1 Inst. 4(b). 4 Cruise's Digest, 284. (6) Receipt of such rent: — The payment of tithes is an acknowledgment of the lessor's title. Roe d. Pellatt v. Ferrars {Clerk), 2 B. & P. 542. (7) Discontinued such possession or re- ceipt:— Vide 1 Saund. (a), 319(a). It may be observed, that although the rent be not received for six years, yet the right remains, for the remedy is only lost. 1514 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 27. session; on abatement or death; on alienation ; in case of future estate: in case of forfeiture or breach of condition. Where advan- tage of for- feiture is not taken by re- mainder-man, he shall have a new right when his estate comes into possession. Reversioner to have a new right. the last time at which any such profits or rent were or was so received (1); and when the person claiming such land or rent shall claim the estate or interest of some deceased person who shall have continued in such possession or receipt in respect of the same estate or interest until the time of his death (2), and shall have been the last person entitled to such estate or interest who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death ; and when the person claiming such land or rent shall claim in respect of an estate or interest in possession granted, appointed, or otherwise assured by any instrument {other than a will (3) ) to him, or some person through whom he claims, by a person being in respect of the same estate or interest in the possession or receipt of the profits of the land, or in the receipt of the rent, and no person entitled under such instrument shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid, or the person through whom he claims, became enti- tled to such possession or receipt by virtue of such instrument ; and when the estate or interest claimed shall have been an estate or interest in reversion^) or remainder, or other future estate or interest, and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession ; and when the person claiming such land or rent, or the person through whom he claims, shall have become entitled by reason of any forfeiture {6) or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition was broken (6). " IV. Provided always, that when any right to make an entry or distress or to bring an action to recover any land or rent by reason of any forfeiture or breach of condition shall have first accrued in respect of any estate or interest in reversion or remainder, and the land or rent shall not have been recovered by virtue of such right, the right to make an entry (7) or distress or bring an action to recover such land or rent shall be deemed to have first accrued in respect of such estate or inte- rest at the time when the same shall have become an estate or interest in posses- sion, as if no such forfeiture or breach of condition had happened. " V. Provided also, that a right to make an entry or distress or to bring an action to recover any land or rent shall be deemed to have first accrued, in respect of an estate or interest in reversion, at the time at which the same shall have become an estate or interest in possession by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwithstanding the person claiming such land, or some person through whom he claims, shall, at any time previously to the (1) So received: — Vide Doe d. Jackson v. Wilkinson, 3 B. & C. 413. 5 D. & R. 273. (2) Time of his death: — Vide Stephens on Nisi Prius, tit. Evidence, 1556. (3) Other than a will .— Vide Stat. 7 Gul. 4 & 1 Vict. c. 26. (4) Reversion: — Where property is under lease, adverse possession runs against the reversioner from the expiration of the lease, or from the time when the tenant pays rent to one claiming wrongfully, to be entitled in immediate reversion. Chadwick v. Broad- wood, 3 Beav. 308. (5) Any forfeiture: — A mere attempt to do an act will not operate as a forfeiture, {Jones v. Wyse, 2 Keen, 285;) and it can- not be acted on by one of the several copar- ceners. Doe d. Rutzen v. Lewis, 5 A. & E. 277. (6) When such forfeiture was incurred, or such condition was broken: — " It should be kept in view, that forty years are not a bar against all the world. The twenty years form the regular bar, and the savings are the exception, and the forty years run only in the case of disabilities, in even which case not more than forty years are allowed. But the twenty years run only from the time when the right first accrued, and that in the case of a remainder, for example, is not until it falls into possession, which event, in the common case of an estate for life with a re- mainder over, may not happen within forty years of its creation." 2 Sugden's V. & P. 353. (7) Make an entry: — If an estate com- mence by livery, it cannot be determined before entry, {Browning v. Beston, Plowd. 135,) and an actual entry must be made before bringing an ejectment for a forfeiture of a freehold lease. Co. Lit. 218. Cholm- ley's {Sir Hugh) case, 2 Co. 53 (a). Doe v. Flyn, 4 Tyrw. 625. Vide Stephens on Nisi Prius, tit. Ejectment, 1374-1497. STATUTA GULIELMI IV. A.D. 1830-1837. 1515 creation of the estate or estates which shall have determined, have been in posses- sion or receipt of the profits of such land, or in receipt of such rent. " VI. And be it further enacted, that for the purposes of this act an adminis- trator claiming the estate or interest of the deceased person of whose chattels he shall be appointed administrator shall be deemed to claim as if there had been no interval of time (1) between the death of such deceased person and the grant of the letters of administration (2). u VII. And be it further enacted, that when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent, as tenant (3) at will (4), the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued, either at the determination of such tenancy '(5), or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined ; provided always, that no mortgager (6) or cestui que trust (7) shall be deemed to be a tenant at will, within the meaning of this clause, to his mortgagee or trustee. " VIII. And be it further enacted, that when any person shall be in posses- sion or in receipt of the profits of any land (8), or in receipt of any rent, as tenant from year to year (9) or other period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or to bring an action to recover such land or rent (1) Interval of time: — It Seems, that the payment by one executor, will not take the case out of the Statute of Limitations as against a co-executor. Scholey v. Walton, 12M.& W. 510. (2) Grant of the letters of administra- tion:— Vide Stephens on Nisi Prius, tit. Executors and Administrators, 1825- 1915. (3) As tenant: — Vide Doe d. Bennett v. Turner, 7 M. & W. 226. (4) At will: — The occupation of an un- der-tenant, who is in possession at the deter- mination of the original lease, and is per- mitted by the reversioner to hold over, is not a holding at will, but quasi of a tenant at sufferance, and exists during the bare acquiescence, or without the disagreement of the party entitled to the possession being expressed; (Co. Lit. 270 (b) ; Butler v. Duckmanton, Cro. Jac. 169; Wilkesv. , cit. 1 T. R. 161;) and the mere fact of oc- cupation, coupled with the payment of rent for such time of occupation, does not raise a different presumption. Simkin v. Ash-- urst, 4 Tyrw. 781. 1 C. M. & R. 261. Mansel on Limitation, 149. (5) Determination of such tenancy: — A feoffment made by a lessor, with livery of seisin made on the land, operates as a deter- mination of the will, even though the tenant at will was off the land when the livery was made, and had not any notice cf such deter- mination ; (Ball v. Cullimore, 2 C. M. & R. 120;) so, also, where the tenant, or his re- presentative, claims the land as his own. Doe d. Burgess v. Thompson, 1 N. & P. 215. 5 A. & E. 532. Where A. in 1817, let B. into possession of lands as tenant at will, and, in 1827, A. entered upon the land without B.'s consent, and cut and carried away stone therefrom : it was held, that this entry amounted to a determination of the estate at will ; and that Stat. 3 & 4 Gul. 4, c. 27. An adminis- trator to claim as if he ob- tained the estate without interval after death of deceased. In the case of a tenant at will the right shall be deemed to have accrued at the end of one year. No person after a tenancy from \ear to year, to have any right but from the end of the first year B. thenceforth became tenant at sufferance, until, by agreement express or implied, a new tenancy was created between the par- ties: and, therefore, that unless the fact of such new tenancy were found by the jury, an ejectment brought by A. in 1839, was too late, inasmuch as by Stat. 3 & 4 Gul. 4, c. 27, s. 7, his right of action first accrued at the expiration of one year after the com- mencement of the original tenancy at will, i. e. in the year 1818. Doe d. Bennett v. Turner, 7 M. & W. 226. (6) No mortgager: — The mortgager, after the mortgage is forfeited, has not any legal interest in the estate, as to the mortgagee, (Doe d. Roby v. Maisey, 3 M. & R. 107 ; 8 B. & C. 767,) and may be ejected without any demand of possession. Thunder v. Bel- cher, 3 East, 449. Cholmondeley (Mar- quess) v. Clinton (Lord), 2 Meriv. 359. 2 J. & W. 138. (7) Or cestui que trust : — Vide Smith (Sir William) v. Wheeler, 1 Vent. 130. The proviso as to cestui que trusts con- tained in Stat. 3 & 4 Gul. 4, c. 27, s. 7, ap- plies only to cases of declared and express trusts, and not to the case of a person hold- ing under an agreement to purchase. Doe d. Stanway v. Rock, 1 C. & Marsh. 549. (8) Profits of any land: — Vide Doe d. Davy v. Oxenham, 7 M. & W. 133. (9) As tenant from year to year: — It may exist unless surrendered or determined by a regular notice to quit for an indefinite period ; (Birch v. Wright, 1 T. R. 380; Doe v. Porter, 3 T. R. 13; Bolton (Lord) v. Tornlin, 5 A. & E. 856 ; 1 N. 8c P. 247;) in case of attornment, (Doe d. Chaivner v. Boulter, 6 A. & E. 175 ; 1 N. & P. 650,) where the only evidence of a tenancy is pay- ment of rent, the party paying is in all cases at liberty to explain the payment, and to shew on whose behalf it was received. Doe d. Harvey v. Francis, 2 M. & Rob. 57. 151C STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 27. or last payment of rent. Where rent amounting to 20s., reserved by a lease in writing, shall have been wrongfully received, no right to accrue on the determination of the lease. A mere entry , not to be deem- ed possession. No right to be preserved by continual claim. Possession of one coparcener &c. not to be shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last time when any rent payable in respect of such tenancy shall have been received (which shall last happen). " IX. And be it further enacted, that when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent, by virtue of a lease in writing, by which a rent amounting to the yearly sum of twenty shil- lings {1) or upwards shall be reserved, and the rent reserved by such lease shall have been received by some person wrongfully claiming to be entitled to such land or rent in reversion immediately expectant on the determination of such lease, and no payment in respect of the rent reserved by such lease shall after- wards have been made to the person rightfully entitled thereto, the right of the person entitled to such land or rent, subject to such lease, or of the person through whom he claims, to make an entry or distress or to bring an action after the determination of such lease shall be deemed to have first accrued at the time at which the rent reserved by such lease was first so received by the person wrongfully claiming as aforesaid ; and no such right shall be deemed to have first accrued upon the determination of such lease to the person rightfully entitled (2). " X. And be it further enacted, that no person shall be deemed to have been in possession of any land within the meaning of this act merely by reason of having made an entry thereon (3). "XI. And be it fnrther enacted, that no continual or other claim upon or near any land shall preserve any right of making an entry or distress, or of bringing an action (4). " XII. And be it further enacted, that when any one or more of several persons entitled to any land or rent as coparceners (5), joint tenants (6), or tenants in com- mon (7), shall have been in possession or receipt of the entirety, or more than his (1) Yearly mm of twenty shillings: — Where the rent is less, the law remains as be- fore ; if no rent has been paid to another, the right of entry exists at the determination of the lease. The adverse receipt of rent is not material, (Doe d. Cook v. Danvers, 7 East, 299; Bushby w. Dixon, 3 B. & C. 298; 5 D. & R. 126,) but the landlord's title is barred if he knew of an attornment to another, and acquiesced. Cholmondeley v. Clinton, T. & R. 107. Hovenden v. Annesley (Lord), 2 Sch. & Lef. (Irish), 624. Doe v. Flynn, 4 Tyrw. 619. Meredith v. Gilpin, 6 Price, 146. (2) The person rightfully entitled : — Stat. 21 Jac. 1, c. 16, did not begin to run against the remainder-man till the expiration of the lease. Doe d. Cook v. Danvers, 7 East, 299. (3) Having made an entry thereon : — Vide Doe d. Bennett v. Turner, 7 M. & W. 229. To make an entry or claim available to avoid a fine with proclamations, possession must now be taken, &c. (4) Right of making an entry or distress, or of bringing an action: — Vide Co. Lit. 414, 415. Ford v. Grey, 1 Salk. 285. (5) Coparceners: — Vide Doe d. Crosth- waite v. Dixon, 5 A. & E. 835. 1 N. & P. 255. (6) Joint tenants: — Vide Fisher v. Wiggs, 12 Mod. 301. 1 Inst. 189. (7) Ortenants in common: — Vide Heather- ley v. Weston, 2 Wils. 232. Doe d. Wawn v. Horn, 3 M. & W. 340. In 1799, D., M., and A., being entitled to a remainder in fee, as tenants in common, of lands then held by a tenant for life, D., and the tenant for life conveyed the third, in which D. had the re- mainder to C, who thereupon entered into possession of the whole. In 1800, the te- nant for life died, A. having died before. The heir at law of A. filed a bill in Chancery, in respect of the land, against C. In 1835, while the proceedings were going on, the said heir at law died, having devised to J. all his lands, &c, whether in his own pos- session or that of others, as far as he law- fully could, specifying those which he was seeking to recover from C. In 1836, the devisor's heir at law brought ejectment against C. for A.'s third part: it was held, that, under sects. 2 & 12 of Stat. 3 & 4 Gul. 4, c. 27, the defendant's possession could not be held to have been ever that of the other tenants in common ; for that sect. 12 made the possessions of tenants in common separate from the commencement of the tenancy in common, and not merely from the time of the act passing. That therefore sect. 2 would have barred the lessor of the plaintiff, but that his right was saved by sect. 15, the ejectment having been brought with- in five years after the passing of the act, and the possession of C. not being adverse to the other tenants in common within the mean- ing of that section. But that the devise of 1835, (though made before sect. 3 of Stat. 7 Gul. 4 & 1 Vict. c. 26, came into operation,) defeated the claim of the lessor of the plain- tiff as heir at law to the devisor; for that the devisor's right was more than such a mere right of entry as was then not devisable, he having never been disseised, and having a right which enabled bim to devise, both before and since Stat. 3 & 4 Gul. 4, c. 27, ss. 2, 12, 15. Culley v. Doe d. Taylerson, 11 A. & E. 1008. STATUTA GULIELMI IV. A.D. 1830-1337. 1517 Possession of a younger bro- ther not to be or their undivided share or shares of such land or of the profits thereof, or of Stat. 3 & 4 such rent, for his or their own benefit, or for the benefit of any person or persons Gul. 4, c. 27. other than the person or persons entitled to the other share or shares of the same the possession land or rent, such possession or receipt shall not be deemed to have been the of the others. possession (I) or receipt of or by such last-mentioned person or persons or any of them (2). " XIII. And be it further enacted, that when a younger brother or other rela- tion of the person entitled as heir to the possession or receipt of the profits of any land, or to the receipt of any rent, shall enter into the possession or receipt thereof, g£ possession such possession or receipt shall not be deemed to be the possession or receipt of or of the heir> by the person entitled as heir. " XIV. Provided always, and be it further enacted, that when any acknow- Acknowledg- ledgment of the title of the person entitled to any land or rent shall have been T^^j^S given to him or his agent in writing (3), signed by the person in possession or in ^eVreSonentit6ledf receipt of the profits of such land, or in receipt of such rent, then such possession or or nis agent> receipt of or by the person by whom such acknowledgment shall have been given, to be equivalent shall be deemed, according to the meaning of this act, to have been the possession ^cPe°sste^sf1°"n°tr or receipt of or by the person to whom or to whose agent such acknowledgment receip 0 r shall have been given at the time of giving the same, and the right of such last- mentioned person, or any person claiming through him, to make an entry or dis- tress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given. " XV. Provided also, and be it further enacted, that when no such acknow- ledgment as aforesaid shall have been given before the passing of this act, and the possession or receipt of the profits of the land, or the receipt of the rent, shall not at the time of the passing of this act have been adverse to the right or title of the person claiming to be entitled thereto, then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress, or bring an (1) Possession: — Where, in 1788, estates were settled, by marriage settlement, to the use of the wife for life, with remainders to her issue in tail, with remainder to the set- tlor (whose heiress at law she was) in fee ; and, in 1818, by deeds in which the husband and wife, and their only son, R. G., were parties, and by a recovery suffered in pursu- ance thereof, the estates were limited to the use of the husband for life, remainder to the wife for life, remainder to R. G., the son, for life, remainder to his issue in tail, remainder to J. F., his sister, for life, with other re- mainders over; and the husband died in 1819, the wife in 1822, and R. G. in 1828: it was held, that, inasmuch as the estate of J. F. was carved out of the estate in tail of R. G., she had the same period for bringing an ejectment in respect of any of the estates comprised in the above deeds, as he would have had, if he had continued alive, viz. twenty years from the year 1822, when his remainder came into possession. Doe d. Curzon v. Edmonds, 6 M. & W. 295. (2) Or any of them: — Vide Stephens on Nisi Prius, tit. Ejectment, 1371-1497. A party in possession adversely of land being applied to by the party claiming title to it to pay rent, and offered a lease on it, wrote as follows: "Although, if matters were con- tested, I am of opinion, that I should esta- blish a legal right to the premises, yet under all circumstances, I have made up my mind to accede to the proposal you made of pay- ing a moderate rent, on an agreement for a Where posses- sion is not adverse at the time of passing the act, the right shall not be barred until the end of five years after- wards. term of twenty-one years." The bargain subsequently went off, and no rent was paid or lease executed: it was held, that this let- ter was not an acknowledgment of title within the statute. Doe d. Curzon v. Ed- monds, 6 M. & W. 295. (3) Acknowledgment .... his agent in writing : — Whether a writing amounts to an acknowledgment of title within Stat. 3 & 4 Gul. 4, c. 27, s. 14, is a question for the judge, and not for the jury, to decide. Ibid. Where, on the death of a father intestate seised of lands in fee, his second son enters without title, such entry is deemed to be for the use of the eldest son, and the Statute of Limitations does not run against such eldest son, the possession of the second son being his possession. Dowdall v. Byrne, Batty (Irish), 373. Doe d. Duroure v. Jones, 4 T. R. 300. Doe d. George v. Jesson, 6 East, 80. Where in an affidavit by the respondent in a petition for a receiver on a judgment, he denied, that the sum claimed by the peti- tioner was due, but said "that the entire sum due on foot of the judgment, &c. is 474/. 8s. besides costs, which this deponent is advised he was not liable to:" it was held, that he was thereby precluded from insisting on the Statute of Limitations as a bar to the full amount of that sum, because the affi- davit was a sufficient acknowledgment in writing, within Stat. 3 & 4 Gul. 4, c. 27. Tristram v. Harte, 1 Longfield & Townsend (Irish), 186. 1518 STATUTA GULIELMI IV. A.D. 1830—18.07. Stat. 3 & 4 Gul. 4, c. 27. Persons under disability of in- fancy, lunacy, coverture, or beyond seas, and their re- presentatives, to be allowed ten years from the termina- tion of their disability or death. But no action, &c shall be brought be- yond forty years after the right of action accrued. No further time to be allowed for a succession of disabilities. Scotland, Ire- land, and the adjacent islands, not to be deemed beyond seas. When the right to an estate in pos- session is barred, the right of the same person to future estates shall also be barred. action to recover such land or interest at any time within five years next after the passing of this act(l). " XVI. Provided always, and be it further enacted, that if at the time at which the right of any person to make an entry or distress, or bring an action to recover any land or rent shall have first accrued as aforesaid, such person shall have been under any of the disabilities hereinafter mentioned (2), (that is to say,) infancy, coverture, idiotcy, lunacy (8), unsoundness of mind, or absence beyond seas, then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress or bring an action to recover such land or rent at any time within ten years next after the time at which the person to whom such right shall first have accrued as aforesaid shall have ceased (4) to be under any such disability, or shall have died, (which shall have first happened.) " XVII. Provided nevertheless, and be it further enacted, that no entry, dis- tress, or action shall be made or brought by any person who, at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him (5), but within forty years next after the time at which such right shall have first accrued, although the person under disability (6) at such time may have remained under one or more of such disabilities during the whole of such forty years, or although the term of ten years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired (J). " XVIII. Provided always, and be it further enacted, that when any person shall be under any of the disabilities hereinbefore mentioned at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent shall have first accrued, and shall depart this life without having ceased to be under any such disability, no time to make an entry or distress or to bring an action to recover such land or rent beyond the said period of twenty years next after the right of such person to make an entry or distress, or to bring an action to recover such land or rent shall have first accrued, or the said period of ten years next after the time at which such person shall have died, shall be allowed by reason of any disability of any other person. " XIX. And be it further enacted, that no part of the United Kingdom of Great Britain and Ireland, nor the islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any island adjacent to any of them, (being part of the domi- nions of his majesty,) shall be deemed to be beyond seas within the meaning of this act. " XX. And be it further enacted, that when the right of any person to make an entry or distress, or bring an action to recover any land or rent to which he may have been entitled for an estate or interest in possession shall have been barred by the determination of the period hereinbefore limited, which shall be applicable in such case, and such person shall at any time during the said period have been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action shall be made or brought by such person, or any person claiming through him, to recover (1) After the passing of this act: — Where it appeared, in Doe d. Linsey v. Edwards, (5 A. & E. 95,) that A. being in occupation of copyhold lands attorned to B. who claimed the fee, and entered in the name of B. taking possession; and that after the attornment, B. was not admitted, nor did he receive rent, or occupy, or in any way interfere with the land, the fee in which was several times sold, with proper formalities, in the manor court, with- in the twenty years following: it was held, that B. was, even though A. continued in possession until within twenty years of the ejectment being brought, barred at the end of that time from an ejectment. (2) Hereinafter mentioned: — Imprison- ment is not mentioned. (3) Lunacy: — Vide Culleyv.Doe d. Tay- lerson, 11 A. & E. 1008. (4) Shall have ceased:— Vide Knipe v. Palmer, 2 Wils. 130. (5) Any person claiming through him: — Vide Doe d. Corbynv. Bramston, 3 A. & E. 66. (6) Person under disability: — A title is given, notwithstanding a succession of disa- bilities. (7) Shall not have expired : Vide Col- lardy. Hare, 2 R. & M. 775. STATUTA GULIELMI IV. A.D. 1830—1837. 1519 such land or rent, in respect of such other estate, interest, right, or possibility, unless in the meantime such land or rent shall have been recovered by some person entitled to an estate, interest, or right which shall have been limited or taken effect after or in defeasance of such estate or interest in possession. " XXI. And be it further enacted, that when the right of a tenant in tail of any land or rent to make an entry or distress, or to bring an action to recover the same shall have been barred by reason of the same not having been made or brought within the period hereinbefore limited, which shall be applicable in such case, no such entry, distress, or action, shall be made or brought by any person claiming any estate, interest, or right, which such tenant in tail might lawfully have barred (1). " XXII. And be it further enacted, that when a tenant in tail of any land or rent, entitled to recover the same, shall have died before the expiration of the period hereinbefore limited, « Inch shall be applicable in such case, for making an entry or distress, or bringing an action to recover such land or rent, no person claiming any estate, interest, or right, which such tenant in tail might lawfully have barred shall make an entry or distress, or bring an action to recover such land or rent but within the period during which, if such tenant in tail had so long continued to live, he might have made such entry or distress, or brought such action. " XXIII. And be it further enacted, that when a tenant in tail of any land or rent shall have made an assurance thereof "(2) which shall not operate to bar an estate or estates to take effect after or in defeasance of his estate tail, and any person shall by virtue of such assurance, at the time of the execution thereof, or at any time afterwards, be in possession or receipt of the profits of such land, or in the receipt of such rent, and the same person, or any other person whatsoever, (other than some person entitled to such possession or receipt in respect of an estate which shall have taken effect after or in defeasance of the estate tail,) shall continue or be in such possession or receipt for the period of twenty years (3) next after the com- mencement of the time at which such assurance, if it had then been executed by such tenant in tail or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate oi estates as aforesaid, then at the expira- tion of such period of twenty years such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right, to take effect after or in defeasance of such estate tail(i). Stat. 3 & 4 Gul. 4, c. 27. Where tenant in tail is barred, re- mainder-men, whom he might have barred, shall not recover. Possession adverse to a tenant in tail shall run on against the re- mainder-men whom he might have barred. Where there shall have been possession under an as- surance by a tenant in tail, which shall not bar the remainders, they shall be barred at the end of twenty years after the time when the assurance, if then exeuted, would have barred them. (1) Might lawfully have barred: — An ad- verse possession against the tenant in tail, will now run, at the same time, against the issue in tail and those in remainder, even though the issue, and those in remainder, cannot have a right of entry, while the tenant in tail lives, and his estate subsists. (2) Made an assurance thereof: — The as- surance referred to is the one made by the tenant in tail. The operation of the clause, therefore, is not strictly to make time a bar, but to make time give a full operation to the assurance executed by the tenant in tail. (3) Period of twenty years: — This clause extends the inference formerly arising upon a long possession, adverse to a tenant in tail, and to make such a possession for twenty years, coupled with the power of the tenant in tail to bar those in remainder, equivalent to a perfect assurance. In Doe d. Smith v. Pike, (3 B. & Ad. 742; 1 N. & M. 385.) Lord Tenterden observed, " The father might have conveyed by fine and recovery, and so have barred the lessor of the plaintiff ; he might also have conveyed by lease and release, which would have made a good title against himself only, and would not have barred his son, the next tenant in tail. We think the long possession by the defendants maybe referable to such a state of things." (4) Defeasance of such estate tails — This clause is framed with reference to the new plan of assurance by the substitution for Re- coveries Act, to which it plainly refers, and there is no objection in point of law to an earlier statute operating on a later. The effect of the clause therefore is, that where tenant in tail executes a deed enrolled under the later act, which for want of the consent of the protector operates only to create a base fee, under which possession is obtained, the title will become good against those in remainder at the end of twenty years from the period when the tenant in tail, or his issue, could, without the consent of any third person, have barred the remainders over, under the substitution for Recoveries Act; but this operation will not be effected, if the assurance already executed would not, if then executed without consent, have operated to bar the estates in remainder. It will be ne- cessary, therefore, in all such cases, to ascer- 1520 STATUTA GULIELMI \V. A.D. 1880—1837. Stat. 3 & 4 Gul. 4, c. 27. No suit in equity to be brought after the time when the plaintiff, if entitled at law, might have brought an action. In cases of express trust, the right shall not be deemed to have accrued until a con- veyance to a purchaser. In cases of fraud, no time shall run whilst the fraud remains concealed. " XXIV. And be it further enacted, that after the said thirty-first day of December, one thousand eight hundred and thirty-three, no person claiming any land or rent in equity shall bring any suit ( 1 ) to recover the same but within the period during which by virtue of the provisions hereinbefore contained he might have made an entry or distress, or brought an action to recover the same respec- tively if he had been entitled at law to such estate, interest, or right, in or to the same, as he shall claim therein in equity (2). " XXV. Provided always, and be it further enacted, that when any land or rent shall be vested in a trustee (3) upon any express trust (4), the right of the ces- tui que trust (o), or any person claiming through him, to bring a suit against the trustee, or any person claiming through him, to recover such land or rent, shall be deemed to have first accrued, according to the meaning of this act, at and not before the time at which such land or rent shall have been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him (6). " XXVI. And be it further enacted, that in every case of concealed (7) fraud (8) the right of any person to bring a suit in equity for the recovery of any land or rent of which he, or any person through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at and not before the time at which such fraud shall or with reasonable diligence^) might have been first known or discovered ; provided that nothing in this clause contained shall enable any owner of lands or rents to have a suit in equity for the recovery of such lands or rents, or for setting aside any conveyance of such lands or rents, on account of fraud, against any bond fide purchaser for valuable consideration ( 10) who has not assisted in the commission of such fraud, and who at the time that he made the purchase (11) did not know and had no reason to believe that any such fraud had been committed (12). tain that the assurance was duly made and enrolled. This clause, it is apprehended, has not a retrospective operation; it could hardly be held to apply to a case, where the twenty years had wholly elapsed before the passing of the act, because not only the language of the section does not embrace such a case, but the substitution for Recoveries Act, makes good defective fines and recoveries, where such was the intention, and gives confirma- tion in certain cases in express words to voidable estates already created, or thereafter to be created by tenant in tail. And where a base fee has been created before the new Statute of Limitations, but the twenty years have not run, the case does not seem to fall within the section ; because, if the base fee were, as it is probable, created by a fine, that assurance would not, as an assurance, at any period have operated to bar the remainders, (for non claim upon a fine is not now in question;) and if it were a reco- very, still that could have no operation, for that assurance could not, since the substitu- tion for Recoveries Act, be made at all, and the terms of the section require, that such assurance, if then executed, would have ope- rated to bar such estates. Besides, the lan- guage of the section is not retrospective. 2 Sugden's V. & P. .357, 358. (1) Briny any suit: — From this clause equitable interests are placed on the same footing with legal estates. Thorpo v. Mat- tinyley, 2 Y. & C. 421 {ante 1505). (2) Claim therein in equity: — Where fraudulent sales were made by tenant for life, and he lived for thirty-five years after- wards, it was held, that the tenant in re- mainder, praying to redeem, and within twenty years after he became entitled, was within time. Bandon (Earl) v. Beecher, 3 C. & F. 479 ; et vide Collard v. Russell, 2 Russ. & M. 775. (3) Vested in a trustee: — Vide Urch v. Walker, 2 Jurist, 487. (4) Express trust: — In this case, no time as between the trustee and the cestui que trust will be bar. Townsend v. Townsend, 1 Cox, C. C. 8. (5) Riyht of the cestui que trust : — Vide Buryess v.Wheate, 1 Eden, 226. (6) Any person claiminy throuyh him: — But the cestui que trust is barred by length of time, operating against the legal estate. Hovenden v. Annesley (Lord), 2 Sch. & Lef. (Irish), 629. Cholmondeley (Marquess) v. Clinton (Lord), 2 J. & W. 175. (7) Concealed : — Vide Murray v. Palmer (Lord), 2 Sch. & Lef. (Irish), 487. Gordon v. Gordon, 3 Swanst. 400. McCarthy v. Dicaie, 2 Russ. & M. 614. (8) Fraud: — Vide Thorouyhyood's case, 2 Co. 9. Carter v. Boehm, 3 Burr. 1910. Keable v. Payne, 3 N. & P. 531. Bandon (Earl) v. Beecher, 9 Bligh, 532. Brown v. Howard, 2 B. & B. 73. (9) Reasonable diliyence: — Vide Rutledye v. Giles, 2 Tyrw. 169. (10) Valuable consideration : — Vide Wall- wyn v. Lee, 9 Ves. 33. (11) Made the purchase: — This applies to the time of the conveyance. Davies v. Thomas, 2 Y. & C. 234. (12) Such fraud had been committed: — Vide Taylor v. Baker, 1 Daniell, 71. STATUTA GULIELMI IV. A.D. 1830-1837. 1521 " XXVII. Provided always, and be it further enacted, that nothing in this Stat. '3 & 4 act contained shall be deemed to interfere with any rule or jurisdiction of courts Gtjl. 4, c. 27. of equity in refusing relief on the ground of acquiescence (1) or otherwise (2) , Saving the to any person whose right to bring: a suit may not be barred by virtue of this jurisdiction of J/0v r ° equity on the a€t(S)' , ground of 4< XXVIII. And be it further enacted, that when a mortgagee (4) shall nave acquiescence obtained the possession or receipt of the profits of any land, or the receipt of any or otherwise, rent, comprised in his mortgage, the mortgager, or any person claiming through Mortgager to him (5) shall not bring a. suit to redeem (6) the mortgage but within twenty years be barred at next after the time at which the mortgagee obtained such possession or receipt, °eai8 unless in the meantime an acknowledgment of the title of the mortgager (7) or of his the^time right of redemption shall have been given to the mortgagor, or some person claim- when the ing his estate (8), or to the agent of such mortgager or person, in writing signed by mortgagee the mortgagee or the person claiming through him (9) ; and in such case no such *?°^ ^j-^ suit shall be brought but within twenty years next after the time at which such ftie jast written acknowledgment, or the last of such acknowledgments if more than one, was acknowledg- given ; and when there shall be more than one mortgager, or more than one person ment. claiming through the mortgager or mortgagers, such acknowledgment, if given to any of such mortgagers or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagers or persons ; but where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment, signed by one or more of suc h mortgagees or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by, from, or under, him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgager or mortgagers a right to redeem the mortgage as against M1- Queen v. Farquhar, 11 Ves. 478. Ha- milton x.Royse, 2 Sch. & Lef. (Irish), 315. Foster v. Cockerell, 9 Bligh, 333. Miles v. Langley, 2 Russ. & M. 626. Kennedy v. Green, 3 M. & K. 699. (1) Acquiescence: — This does not how- ever arise in acts of which the party is igno- rant at the time, that he has a right to ac- quire or dispute. Cholmondeley v. Clinton, 2 Meriv. 362. Randall v. Errington, 10 Ves. 427. Morse v. Royal, 12 Ibid. 355. A cestui que trust being of full age, and not under an incapacity, is, if he openly acqui- esce in any objectionable conduct of a trus- tee for a considerable time, deemed to have acquiesced therein. Tr afford v. Boehm, 3 Atk. 444. Brice v. Stokes, 11 Ves. 319. Walker v. Symonds, 3 Swanst. 64. Ryder v. Bickerton, Ibid. 83, n. Underwood v. Stevens, Meriv. 712. So acquiescence for a long time in a mortgage transaction is a bar. Hicks v. Cooke, 4 Dow, 17. Or in cases of fraud or mistake, (Selsey v. Rhoades, 2 S. & S. 41; 1 Bligh, N. S. 1,) or to a will questioned by the heir. Tucker v. Sanger, M'Clel. 424. 13 Price, 119. The same rule as to time holds, and the same principle is applicable to shareholders of a canal ques- tioning an agreement made by the governing body; (Gray v. Chaplin, 2 Russ. 126;) but it will not hold while there is on one side undue influence, and on the other distress of means. Purcell v. Macnamara , 14 Ves. 106. Man- sel on Limitation, 160. (2) Or otherwise: — As where the cestui que trust is a party to the conveyance. Walker v. Symonds, 3 Swanst. 64. Picker- ing v. Stamford (Lord), 2 Ves. 583. (3) By virtue of this act: — " The act does not interfere with any rule or jurisdic- tion of courts of equity in refusing relief on the ground of acquiescence or otherwise to any person whose right to bring a suit may not be barred by the act." 2 Sugden's V. &P. 361. (4) Mortgagee : — Vide Jones v. Smith, 2 Ves. 378. (5) Any person claiming through him : — The remainder-man. where the whole inte- rest is in mortgage, is included. Harrison v. Hollins, 1 S. & S. 471. (6) Shall not bring a suit to redeem: — If a decree for redeeming be obtained, it must be prosecuted within twenty years, or the right will be barred. St. John (Lord) v. Turner, 2 Vern. 418. Under a devise of all the testator's real and personal estate, ' ' after payment of his just debts and funeral expenses," lands mortgaged in fee to the testator do not pass. Doe d. Roy lance v. Lightfoot, 8 M. & W. 553. (7) Acknowledgment of the title of the mortgager: — Vide Swanton v. Raven, 3 Atk. 105. Stockley v. Stockley, 1 V. & B. 323. (8) Claiming his estate: — Whether as heir, devisee, or assignee. (9) Person claiming through him: — As his assignee ; (Matthews v. Walwyn, 4 Ves. 118;) a mere agent is not sufficient. Bar- ron v. Martin, 1 Coop. C. C. 189. 5 E 1522 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 27. No lands or rents to be recovered by ecclesiastical or eleemosynary corporations sole but within two incumben- cies and six years, or sixty years. No advowson to be recovered but within three incum- bencies or sixty years. Incumbencies after lapse to be reckoned within the period, but not, incumbencies the person or persons entitled to any other undivided or divided part of the money or land, or rent ; and where such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgaged money, the mortgager or mortgagers shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgaged). " XXIX. Provided always, and be it further enacted, that it shall be lawful for any archbishop, bishop, dean, prebendary, parson, vicar, master ofhospital(2)y or other spiritual or eleemosynary (3) corporation sole (4), to make an entry or distress or to bring an action or suit to recover any land or rent within such period as herein- after is mentioned next after the time at which the right of such corporation sole, or of his predecessor, to make such entry or distress or bring such action or suit shall first have accrued : (that is to say,) the period during which two persons in succession shall have held the office(5) or benefice(Q) in respect whereof such land or rent shall be claimed, and six years after a third person shall have been ap- pointed thereto, if the time of such two incumbencies and such term of six years taken together shall amount to the full period of sixty years ; and if such times taken together shall not amount to the full period of sixty years, then during such further number of years in addition to such six years as will, with the time of the holding of such two persons and such six years, make up the full period of sixty years ; and after the said thirty -first day of December one thousand eight hundred and thirty-three no such entry, distress, action, or suit shall be made or brought at any time beyond the determination of such period. " XXX. And be it further enacted, that after the said thirty-first day of December one thousand eight hundred and thirty-three no person shall bring any quare impedit(7) or other action or any suit to enforce a right to present to or bestow any church, vicarage, or other ecclesiastical benefice, as the patron thereof, after the expiration of such period as hereinafter is mentioned; (that is to say,) the period during which three clerks in succession shall have held the same, all of whom shall have obtained possession thereof adversely (8) to the right of presenta- tion or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together shall amount to the full period of sixty years ; and if the times of such incumbencies shall not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies will make up the full period of sixty years. "XXXI. Provided always, and be it further enacted, that when onithe avoid- ance(9) after a clerk shall have obtained possession of an ecclesiastical benefice adversely to the right of presentation or gift(\0) of the patron thereof, a clerk shall be presented or collated thereto by his majesty [\\) or the ordinary (12) by reason of a lapse (IS), such last-mentioneed clerk shall be deemed to have obtained possession (1) Land or rent comprised in the mort- gage:— Vide Stephens on Nisi Prius, tit. Statutes of Limitation. 2935. (2) Master of hospital: — Vide Sutton's Hospital (Le Case de),\0 Co. 1. (3) Eleemosynary : — Vide 1 Kyd on Cor- porations, 26. (4) Corporation sole: — Vide Fulwood's case, 4 Co. 64. (5) Held the office:— Vide Co. Lit. 44(a). Gee (Chichester, Bishop of) v. Freedland, Cro. Car. 47, 49. (6) Or benefice: — Vide Rennell v. Lincoln (Bishop of), 7 B. & C. 113. (7) Quare impedit : — Vide Booth on Real Actions, 223. (8) Obtained possession thereof adverse' ly: — Where the parties do not claim under the same title, the title of one is not consis- tent with that of the other; and the party claiming has, in contemplation of law, been deprived of his right, and it has not been acknowledged by the other party. Mansel on Limitation, 163. (9) When on the avoidance : —Vide Wes- ton's case, 3 Dyer, 347 (a). (10) Presentation or gift: — Vide Co. Lit. 344 (a). (11) Collated thereto by his majesty: — Vide Rex v. Canterbury (Archbishop of), Cro. Car. 354. (12) Or the ordinary: — The bishop in his diocese. Wrighton v. Browne, 3 Lev. 211. (13) By reason of a lapse: — Where on an STATUTA GULIELMI IV. A.D. 1830— 1837: 1523 adversely to the right of presentation or gift of such patron as aforesaid ; but when a clerk shall have been presented by his majesty upon the avoidance of a benefice in consequence of the incumbent thereof having been made a bishop (1), the incum- bency of such clerk (2) shall, for the purposes of this act, be deemed a continuation of the incumbency of the clerk so made bishop. " XXXII. And be it further enacted, that in the construction of this act every person claiming a right to present to or bestow any ecclesiastical benefice, as patron thereof, by virtue of any estate, interest, or right (3) which the owner of an estate tail in the advowson (4) might have barred (5), shall be deemed to be a person claim- ing through the person entitled to such estate tail, and the right to bring any quare impedit, action, or suit shall be limited accordingly. " XXXIII. Provided always, and be it further enacted, that after the said thirty-first day of December one thousand eight hundred and thirty-three, no person shall bring any quare impedit or other action or any suit to enforce a right to present to or bestow any ecclesiastical benefice, as the patron thereof, after the expiration of one hundred years from the time at which a clerk shall have obtained possession (6) of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest (7), or undivided share(8) or alternate right of pre- sentation (9) or gift, held or derived under the same title, unless a clerk shall sub- sequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other persons entitled in respect of an estate, share, or right held or derived under the same title. "XXXIV. And be it further enacted, that at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit or other action or suit, the right and title of such person to the land, rent, or advowson for the recovery whereof such entry, distress, action, or suit respectively might have been made or brought within such period shall be extin guished (10). " XXXV. And be it further enacted, that the receipt of the rent payable by any tenant from year to year, or other lessee, shall, as against such lessee or any person claiming under him, (but subject to the lease,) be deemed to be the receipt of the profits of the land for the purposes of this act {11). " XXXVI. And be it further enacted, that no writ of right patent (12), writ of right quia dominus remisit curiam, writ of right in capite, writ of right in London, writ of right close, writ of right de rationabili parte, writ of right of advowson, Stat. 3 & 4 Gul. 4, c. 27. after pro- motions to bishoprics. When person claiming an advowson in remainder, &c. after an estate tail, shall be barred. No advowson to be recovered after 100 years. omission by the patron to present a clerk, the ordinary may {jure devoluto) present. Catesbyfs case, 6 Co. 61 (b). (1) Having been made a bishop: — This right in the queen can only be exercised during the lifetime of the party so promoted. Armagh {Archbishop of) x. Attorney -Gene- ral, 3 Bro. P. C. 418. (2) The incumbency of such clerk: — Vide Stat. 13 & 14 Car. 2, c. 4. (3) Or right.— Vide Stat. 3 & 4 Gul. 4, c. 74, s. 15. In re Wood, 3 M. & C. 266. (4) Advowson .—Vide 1 Inst. 322 (b). Le case de Fines, 3 Co. 85 (a). (5) Might have barred: — Vide Stat. 3 & 4 Gul. 4, c. 74, s. 40. Meath {Bishop of) v. Winchester {Marquis of), 3 Scott, 561. 3 Bing. N. C. 183. (6) Obtained possession: — Vide Green's case, 6 Co. 29. (7) Interest .— Vide 1 Inst. 322 (b). (8) Or undivided share: — As of joint te- nants, {Wilson v. Kirkshaw, 7 Bro. P. C. 296,) or tenants in common. 2 Rol. Abr. Presentment (K), 372. (9) Or alternate right of presentation: — As in coparceners. Stat. Westm. 2, c. 5. Bro. Abr. Quare impedit, pi. 118. 2 Rol. Abr. Presentment (I), 346. Barker v . Lon- don {Bishop of), 1 Black. Hen. 412. (10) Shall be extinguished : — This means "wholly destroyed," and operates thus: — If A. have possession of land for twenty years uninterruptedly; and then B. gains possession, upon which A. brings an action of ejectment; even though he be the claim- ant, yet his former possession for twenty years will be a good title for him to recover under, because all right in the adverse party has been tolled thereby. Stocker v. Berny, 2 Ld. Raym. 741, et vide Rex v. Carpenter, 6 A. & E. 794. (11) Receipt of the profits of the land for the purposes of this act: — Vide Doe d. Davy v.Oxenham, 7 M. & W. 132. (12) Writ of right patent .—Where this writ will still lie, as in the cases provided for in sect. 38, the demandant must in his count allege, and by his evidence prove, a seisin in his ancestor within sixty vears. Dumsday v. Hughes {Bart.), 3 Bing. N. C. 439. 4 Scott, 209. 5 E 2 At the end of the period of limitation the right of the party out of possession to be extinguished. Receipt of rent to be deemed receipt of profits. Real and mixed actions abolished alter 1524 STATUTA GUL1ELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 27. the 31st De- cember, 1834 s except for dower, quare impedit, and ejectment. Real actions maybe brought until the 1st June, 1835. Saving the rights of per- sons entitled to real actions only at the commence- ment of the act, &c. No descent, warranty, &c. to bar a right of entry. Money charged upon land and legacies to be deemed satis- fied at the end writ of right upon disclaimer, writ de rationabilibus divisis, writ of right of ward, writ de consuetudinibus et servitiis, writ of cessavit, writ of escheat, writ of quo jure, writ of secta ad molendinum, writ de essendo quietum de theolonio, writ of ne injuste vexes, writ of mesne, writ of quod permittat, writ of formedon in de- scender, in remainder, or in reverter, writ of assize of novel disseisin, nuisance, darrein presentment, juris utrum, or mort d'ancestor, writ of entry sur disseisin, in the quibus, in the per, in the per and cui, or in the post, writ of entry sur intru- sion (1), writ of entry sur alienation dum fuit non compos mentis, dum fuit infra aetatem, dum fuit in prisona, ad communem legem, in casu proviso, in consimili casu, cui in vita, sur cui in vita, cui ante divortium, or sur cui ante divortium, writ of entry sur abatement, writ of entry quare ejecit infra terminum, or ad ter- minum qui praeteriit or causa matrimonii praelocuti, writ of aiel, besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, writ of disceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartae, writ of curia claudenda, or writ per quae servitia, and no other action real or mixed, (except a writ of right of dower, or writ of dower unde nihil habet, or a quare impedit, or an ejectment,) and no plaint in the nature of any such writ or action, (except (2) a plaint for freebench or dower,) shall be brought after the thirty-first day of December one thousand eight hundred and thirty-four. " XXXVII. Provided always, and be it further enacted, that when, on the said thirty-first day of December one thousand eight hundred and thirty-four, any person who shall not have a right of entry to any land shall be entitled to main- tain any such writ or action as aforesaid in respect of such land, such writ or action may be brought at any time before the first day of June one thousand eight hundred and thirty-five in case the same might have been brought if this act had not been made, notwithstanding the period of twenty years hereinbefore limited shall have expired. "XXXVIII. Provided also, and be it further enacted, that when, on the said first day of June one thousand eight hundred and thirty -five, any person whose right of entry to any land shall have been taken away by any descent cast (3), dis- continua?ice(4:)i or warranty (5), might maintain any such writ or action(Q) as aforesaid in respect of such land, such writ or action may be brought after the said first day of June one thousand eight hundred and thirty-five, but only within the period (7) during which by virtue of the provisions of this act an entry might have been made upon the same land by the person bringing such writ or action if his right of entry had not been so taken away. " XXXIX. And be it further enacted, that no descent, cast, discontinuance, or warranty which may happen or be made after the said thirty-first day of December one thousand eight hundred and thirty-three shall toll or defeat any right of entry or action for the recovery of land. " XL. And be it further enacted, that after the said thirty- first day of Decem- ber one thousand eight hundred and thirty-three no action or suit or other pro- ceeding shall be brought to recover any sum of money secured by any mortgage (8), judgment (9), or lien, or otherwise charged upon or payable out of any land or rent, (1) Writ of entry mr intrusion: — Vide Piercy v. Gardner, 3 Bing. N. C. 748. 4 Scott, 512. (2) Except: — Where a bill in equity is brought on such a judgment, to correct errors in it, a demurrer will be allowed, if more than twenty years have elapsed since the right to the property accrued. Plunkett v. Burlington (Lord), 1 Jurist, 37*>. (3) Any descent cast: — Vide Paramour v. Yardley, Plowd. 545. (4) Discontinuance : — Vide 1 Inst. 325(a), 332 (b). Le case del Alton Woods, 1 Co. 44 (b). (5) Or warranty: — Vide Maiy Porting- ton's case, 10 Co. 37 (b). (6) Writ or action: — Vide Co. Lit. 393. (7) Only within the period: — Vide Elstob v. Thorowgood, 1 Ld. Raym. 283. Kinsey v. Heyward, Ibid. 432. 12 Mod. 571. (8) Any mortgage: — Vi&eMarksv. Marks, 10 Mod. 424 ; et vide Stephens on Nisi Prius, 2935, and Stat. 7 Gul. 4 & 1 Vict. c. 28. Ibid. (9) Judgment: — Where a judgment has been revived by judgment in scire facias, the period of limitation imposed by Stat. 3 & 4 Gul. 4, c. 27, s. 40, runs from the date of the judgment in scire facias, and not from that of the original judgment. Where the Statute of Limitations was pleaded to a STATUTA GULIELMI IV. A.D. 1830—1837. 1525 at law or in equity {I), or any legacy '(2), but within twenty years next (3) after a pre- Stat. 3 & 4 sent right to receive the same shall have accrued to some person capable of giving Gul. 4, c. 27. a discharge for or release of the same, unless in the mean time some part of the of twenty principal money, or some interest thereon, shall have been paid, or some acknow- years ^ if there Udgment (4) of the right thereto shall have been given in writing signed by the ^teregt ^ d or person by whom the same shall be payable, or his agent (5), to the person entitled acknowkdg- scire facias on a judgment, a replication, "that the judgment had been revived by judgment in scire facias within the period of limitation prescribed by the statute," was held good on general demurrer. Farran v. Beresford, 1 Smythe (Irish), 297. The court will not allow a scire facias to issue to revive a judgment more than twenty years old against the heir and terre tenants of the cognisor, where a former scire facias had issued against the heir and terre tenants within the twenty years, but no interest had been paid, or acknowledgment given, within that time, (Palmer v. Algeo, 1 Jebb & Symes (Irish), 501,) because the statute has not provided for the case of a "proceeding having been taken." Ibid. 586, n. The court will not allow a scire facias to revive a judgment more than twenty years old to issue against the original cognisor, upon a written acknowledgment having been given after twenty years. Brady v. Fitzgib- bon, Ibid. 503. The Statute of Limitations does not begin to run against a judgment entered on a post obit bond, until the death occurs upon which the bond is pavable. Barber v. Shore, Ibid. 610. Stat. 1 & 2 Vict. c. 110, s. 19. In Vincent v. Wellington, (1 Longfield & Townsend (Irish), 456,) it appeared, that a judgment was obtained on a joint bond and warrant of attorney against A. and B. in 1815; B. had joined in these as a security for A. On the 16th of March, 1820, A. wrote to V.'s agent, "You have inclosed 150/. to my credit on account of V.'s inte- rest, and in the account book by V.'s agent (since dead) appeared an entry by the agent, of the 17th of March, 1820, charging him- self with a bill for 50/. drawn by A. and 100/. cash from A." In 1822, V.'s attorney applied by letter to B., calling for payment of the amount of the above debt; and B. on that occasion wrote to V.'s attorney, ac- knowledging the receipt of his letter, "ap- plying for the payment of his, B.'s and A.'s joint bond;" and soon after B.'s agent sent a letter to V.'s attorney, inclosing a proposal of terms upon which the matters should be arranged by A., and said, "this being done, it is hoped the judgment against B. will be satisfied." The bill was filed in 1839: it was holden, that thi> was sufficient payment and acknowledgment to take the case out of Stat. 3 & 4 Gul. 4, c. 27. Quaere, Does that statute repeal Stat. 8 Geo. 1, c. 4 (Ir.) ? (1) Inequity: — In a case of adverse pos- session, profits which a party so in possession might have realized but for his wilful default, are only allowed as against mortgagees in possession, and trustees guilty of a breach of trust. Howell v. Howdl, 1 Jurist, 492. 2 M. & C. 478. (2) Or any legacy : — This does not extend to a suit to make an executor account for a sum of money bequeathed to him by his tes- tator, upon certain trusts, which has been severed by the executor from the testator's personal estate, and the interest of which has for a time been applied towards the trusts of the will. Phillipo v. Mannings, 2 M. & C. 309. Where a fund has ceased to bear the cha- racter of a legacy, and has assumed the cha- racter of a trust fund, although it is still vested in the executor or his representative, a bill filed for the fund will be considered as a suit for the administration of the fund, and not as a bill for a legacy, and therefore it will not fall within this provision of the act. 2 Sugden's V. & P. 363. (3) Within twenty years next: — It was held by nine judges against one, that the twenty years fixed by Stat. 3 & 4 Gul. 4, c. 27, s. 40, as to the period within which pro- ceedings on a judgment should be taken, begin to run from the date of the last judg- ment of revival, and not from the entry of the original judgment. Where to a scire facias (by the executors of the consignee against a terre tenant of the lands of the cognisor) upon a judgment of 1810; the defendant pleaded sect. 40 of Stat. 3 & 4 Gul. 4, c. 27; and the plaintiffs replied a judgment of revi- val in 1817, by themselves, against the cog- nisor, within twenty years : it was decided to be no departure. Farran v. Ottiwell, 2 Jebb & Symes (Irish), 97. (4) Some acknowledgment ; — A reference being made to a master in Chancery, in cer- tain suits in which the conusor of a judgment was a defendant, to take an account of all debts, charges, and incumbrances affecting certain freehold lands of the conusor; the master reported, that a certain sum was due to the administrator of the conusee (who did not appear to have been a party to the Chan- cery suits) on foot and by virtue of the said judgment, and that the same was a charge upon the said freehold lands of the conusor: it was held, that the master's report was not a document within the meaning of the words "acknowledgment in writing" in Stat. 3 & 4 Gul. 4, c. 27, s. 40; and that the master in Chancery is not an agent of the parties inte- rested in a report, made by him in a cause in that court, or in the judgment which is the subject-matter of his report, within the meaning of the same enactment. Hill v. Staivell, Ibid. 389. (5) Or his agent: — In St. John (Lord) v. Boughton, (9 Sim. 219,) where an estate was devised to a trustee in trust to sell and pay the testator's debt, and subject thereto, in trust for A.: it was held, that as the debts were charged upon or payable out of land, they were within the Stat. 3 & 4 Gul. 4, C. 1526 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 27. ment in writing in the mean- time. No arrears of dower to be recovered for more than six years. No arrears of rent or interest to be recovered for more than six years. thereto or his agent ; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments if more than one, was given (1). " XLI. And be it further enacted, that after the said thirty-first day of De- cember one thousand eight hundred and thirty-three no arrears of dower, nor any damages on account of such arrears, shall be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit. " XLII. And be it further enacted, that after the said thirty-first day of De- cember one thousand eight hundred and thirty- three no arrears of rent 1(2) or of interest (3) in respect of any sum of money charged upon{\) ox payable out of any land (5), or rent (6), or in respect of any legacy (7), or any damages (8), in respect, of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent (9); provided nevertheless, that where any prior mort- gagee or other incumbrancer {\0) shall have been in possession of any land, or in the receipt of the profits thereof, within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other incum- brance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due during the whole time (11) that such prior mortgagee or incum- brancer was in such possession or receipt as aforesaid, although such time may have exceeded the said term of six years (12). 27 ; but that an acknowledgment of the debts in writing, signed by the trustee or his igent, was sufficient to preserve the creditor's right of suit for twenty years after the giving the acknowledgment. (1) Last of such payments or acknow- ledgments if more than one, was given : — A plea relying upon Stat. 3 & 4 Gul. 4, c. 27, s. 40, should both state the commence- ment of the period of the limitation, and negative the cases of exception in that sec- tion. To a scire facias to revive a judgment brought by the assignee of the assignees of J. P., a bankrupt, the defendant pleaded, "that after the rendition of the judgment, and the accruing of a present right to the said J. P. to receive the said debt and da- mages by virtue thereof, to wit, on &c, and within twenty years before and next pre- ceding the suing forth of the scire facias, the defendant did not, nor did any agent of the defendant on his part, pay any part of the said debt and damages, or any interest thereupon, or give any acknowledgment in writing of the right thereto, signed in that behalf by the defendant, or by any person as such agent as aforesaid, to the said J. P., or other person entitled thereto, or to the agent of such per- son so entitled as last aforesaid, according to the form of the statute," &c, which was holden to be bad on special demurrer. For- tescue v. M'Kone, 1 Jebb & Symes (Irish), 341. (2) No arrears of rent : — It seems, that this does not apply to rent by deed or inden- ture. Vide 3 & 4 Gul. 4, c. 42, s. 3. Pad- don v. Bartlett, 3 A. & E. 884. (3) Or of interest: — Vide Miltown v. Wench, 11 Bligh, 2. (4) Charged upon: — Vide Gravesv. Graves, 8 Sim. 43. Mirehouse v. Scaife, 2 M. & C. 695. (5) Payable out of any land: — Vide Wool- ley v. Watling, 7 C. & P. 610. Jones v. Reynolds, 4 A. & E. 805. (6) Or rent: — Vide Maund's case, 7 Co. 28 (b). Goodman v. Packer, Jones (Sir T.), I- (7) Any legacy:— Vide 1 Saund. 279 (e). 2 Dyer, 151, pi. 5. Ewer v. Jones, 2 Ld. Raym. 937. Since Stat. 3 & 4 Gul. 4, c. 27, a distress or action for an annuity accruing by will, must be resorted to within twenty years from the death of the testator. James v. Salter, 3 Bing. N. C. 544. (8) Any damages: — Vide 2 Saund. 171 (b). Holroi v. Ebizson, 10 Mod. 274. (9) Or his agent: — A judgment collateral to secure an annuity granted by deed is within Stat. 3 & 4 Gul. 4, c. 27, s. 42, and not more than six years' arrears of the an- nuity are recoverable thereon. The mere issuing of a scire facias is not bringing an action or suit within the mean- ing of the latter part of the same section, so as to take the case out of the operation of the statute. Foley v. Dumas, 1 Smythe (Irish), 78. (10) Or other incumbrancer: — As tenant in the nature of elegit, Stat. 1 & 2 Vict. c. 110, ss. 11, 13-19. (11) Become due during the whole time: — The service of a citation constitutes "pen- dency of suit." Ray v. Sherwood, 1 Curt. 173. (12) Exceeded the said term of six years. — A defendant who does not by pleading claim the benefit of Stat. 3 & 4 Gul. 4, c. 27, s. 42, cannot rely upon it in the office in bar of the account. Walsh v. Walsh, 1 STATUTA GULIELMI IV. A.D. 1830-1837. 1527 " XLIII. And be it further enacted, that after the said thirty-first day of December one thousand eight hundred and thirty-three no person claiming any tithes, legacy, or other property for the recovery of which he might bring an action or suit at law or in equity, shall bring a suit or other proceeding in any spiritual court to recover the same but within the period during which he might bring such action or suit at law or in equity. " XLIV. Provided always, and be it further enacted, that this act shall not extend to Scotland ; and shall not, so far as it relates to any right to permit to or bestow any church, vicarage, or other ecclesiastical benefice, extend to Ireland. " XLV. And be it further enacted, that this act may be amended, altered, or repealed during this present session of parliament." Stat. 3 & 4 Gul. 4, c. 27. Act to extend to the spiritual courts. Act not to extend to Scot- land, nor to advowsons in Ireland. Act may be amended. LX. Stat. 3 & 4 Gulielmi 4, cap. xxix. A.D. 1833. Stat. 3 & 4 'An Act to enable the Lord Bishop of Limerick to sell and dispose of Saint ' ° P George's Chapel, in the City of Limerick, and the Land on which the same is built {heretofore part of the Estate of the Earl of Limerick), and to apply the Proceeds ofsach Sale in the Erection of a new Chapel" LXI. Stat. 3 & 4 Gulielmi 4, c. 30(1). A.D. 1833. "An Act to exempt from Poor and Church Rotes all Churches, Chapels, and other Places of Religious Worship." " Whereas it is expedient that churches, chapels, and other places exclusively appropriated to public religious worship should be exempt from the payment o/poor and church rates (2), be it therefore enacted by the king's most excellent majesty, Stat. 3 & 4 Gul. 4, c. 30. Jones & Carey (Irish), 52. Where to a scire facias on a judgment a defendant had pleaded several pleas, under which he could avail himself of the Statute of Limitations, 8 Geo. 1, c. 4, the court re- fused, (there being no affidavits of merits, and it being admitted, that the judgment had not been paid,) to allow him to add a plea under Stat. 3 & 4 Gul. 4, c. 27, upon any terms, although the proceedings were in a state in which pleas to the merits would have been allowed to be added on terms. Domville v. Lane, 1 Crawford & Dix (Irish), 182. Sem- ble, that Stat. 3 & 4 Gul. 4, c. 27, must be pleaded specially. (1) Vide Stat. 53 Geo. 3, c. 127 (ante 1050); and Stat. 58 Geo. 3, c 45 (ante 1107). Vide Stephens on Clerical Law, tit. Church Rates. ( 2) Exempt from the payment of ... . church rates: — In Veleyv.Burder, (12 A. &E. 300 ; vide etiam Braintree Church-rate case, by Johnson,) Chief Justice Tindal observed, " This case, which has been brought before us by writ of error from the court of Queen's Bench, involves two questions of considerable importance ; first, whether the churchwardens of a parish, after a rate for the necessary re- pairs of the parish church has been proposed by them to the parishioners at a vestry meet- ing duly convened for that purpose, and has been refused by a majority of the parishioners there assembled, can, of their own sole au- thority, at a subsequent time, by themselves, and not at any parish meeting, impose a valid rate on the parishioners ; and the second question is, whether, if a rate be so made, and proceedings be taken by the churchwar- dens in the ecclesiastical court to enforce its payment, a court of common law can issue a writ of prohibition to the spiritual court to stay such proceedings ? And we are all of opinion, on these questions, that the church rate, made under the circumstances and in the manner before stated, is illegal and void, and that a prohibition to the spiritual court may be well and properly issued. " In order to open the grounds and rea- sons of our answer to the first of these ques- tions, it will be necessary to explain, in the first place, the nature of the legal obligation by which the inhabitants of every parish are compellable to repair, and keep in repair, the fabric of the parish church ; and , in the next place, the mode prescribed by law for carry- ing such obligation into effect : from the con- sideration of which points it will be seen at once, and by necessary inference, whether the church rate now under discussion is a legal and valid rate, or the contrary. " And we are all of opinion that the obli- gation by which the parishioners, that is, the actual residents within, or the occupiers of lands and tenements in, every parish, are bound to repair the body of the parish church whenever necessary, and to provide all things essential to the performance of divine service therein, is an obligation imposed on them by the common law of the land. That such obligation is not grounded on the force of the general ecclesiastical law is manifest from this, that, by the authority of all the writers on the general canon law, the repairs of the whole of the parish church, both the body and the chancel, fall upon the rectors or owners of the tithes, except that by custom, in some countries, part falls upon the parish- ioners ; [Von Espen, Jus Ecclesiasticum Universum, par. 2, sec. 2, tit. 1, cap. 6, vol- 2, p. 635, ed. Lovan.; De reparandk J 528 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 by and with the advice and consent of the lords spiritual and temporal, and com- Gul 4, c. 30. mons jn ^hig present parliament assembled, and by the authority of the same, that Ecclesiis, Lyndwood, p. 53, n. k ;] whereas same time most conveniently and fairly, be- in England, to use the words of Johannes de tween themselves, performed and carried into Athona, in his Commentary on the Legan- effect. The parishioners have no more power tine Constitution of Othobon, (tit. De domi- to throw off the burthen of the repair of the bus ecclesiarum reficiendis, Lyndw. Const, church than that of the i epair of bridges and Leg. p. 112, Ox. ed.,) passed in the year highways; the compelling of the performance 1268, ' By the common custom of England, of the latter obligation belonging exclusively the repair of the nave of the church, in which to the temporal courts, whilst that of the for- the lay parishioners sit, falls upon the pa- mer has been exercised usually, though per- rishioners themselves ; but the repair of the haps not necessarily exclusively, by the spi- chancel falls on the rector;' or, again, ac- ritual courts from time immemorial. Now cording to Lyndwood, p. 53, 4 By custom,' all the authorities agree, that there has been that is, by the common law, 4 the burthen of no difference on this point at the bar, that reparation, at least of the nave of the church, there is one mode of carrying the law into is transferred upon the parishioners.' No trace effect, and that the usual and ordinary mode, can be found in any of our books of an obli- which is free from all possible exception, viz., gation on parishioners to repair the parish that the churchwardens, whose duty it is to churches throughout the whole of the realm raise the money for the repair of the church, less wide and extensive than this. And, as and to make the repairs, should convene the to the antiquity of this obligation, the case parishioners together by due notice, and that cited in argument from the Year Book, 44 the majority of those who are so assembled Edw. 3, fol. 18, whilst it establishes the should make an order for a rate, which will fact that church rates were made by the pa- bind the whole parish. Such order is, as was rishioners at so early a period as the year said by the three judges, Wyndham, Atkyns, 1370, does at the same time, by a plea there- and Ellis, 4 in the nature of a bye-law,' which in contained of a custom from time imme- the greater part of the parish can make ; morial within the particular parish, to levy 4 and to this purpose they are a corporation.' the amount of the rate on each parishioner Rogers v. Davenant, 1 Mod. 194. And by distress, necessarily carry back beyond this course of proceeding was well known, in the time of legal memory the obligation of other instances, to the common law: for long the parishioners to make a rate upon them- before any statutory remedies were provided selves for the reparation of the parish church ; for the reparation of highways and bridges, and such a custom, existing beyond the time or sea walls, in the maintenance of which the of legal memory, and extending over the public had a common interest, the inhabit- whole realm, is no other than the common ants of parishes and townships and districts, law of England. The same position is laid who were bound by law, or custom, or pre- down by Holt, C. J., {Hawkins v. Rous, scription, to keep them in repair, had the Carth. 360 ; Holt, 139 ;) 4 By the civil and power of raising, and were accustomed to canon law,' he says, 'the parson is obliged raise the necessary funds for those pur- to repair the whole church, and is so in all poses, by an order or bye-law made by Christian kingdoms but in England; for it is themselves. In the case from the Year Book by the peculiar law of this nation, that the already referred to, Kirton, one of the judges, parishioners are charged with the repairs of says, 4 there is a custom through the whole the body of the church.' In which, however, country, which the law calls bye-law, i.e., he is incorrect in limiting the custom to by assent of neighbours to levy a sum to England, as it extended undoubtedly to some make a bridge, a causeway, or a sea wall; other countries in Europe. The same doc- and by their assent, to assess each neighbour trine is laid down in Ayliffe's Parergon, (455,) at a sum certain, for which they may dis- a work of high authority. train.' And it is obvious, that the power of 44 Such then being the law of the land, it making a bye-law by the majority to bind the follows, as a necessary consequence, that the rest, must have been incident to the obligation repair of the fabric of the church is a duty to repair ; for, without it, the obligation itself which the parishioners are compellable to per- could not have been carried into effect. Upon form ; not a mere voluntary act, which they the same ground, also, the power of making may perform, or decline, at their own discre- bye-laws is incident to corporations aggre- tion ; that the law is imperative upon them gate, in order to carry into effect the objects absolutely, that they do repair the church ; and purposes for which they are created, not binding on them in a qualified limited Lord Coke lays it down expressly, in the manner only, that they may repair or not, as Chamberlaine of London's case, (5 Co. 63 they think fit; and that, where it so happens (a),) that the inhabitants of a town may, with- that the fabric of the church stands in need out any custom, make ordinances or bye-laws of repair, the only question upon which the for the reparation of the church or highways, parishioners, when convened together to make or of any such thing which is for the general a rate, can by law deliberate and determine, good of the public ; and in such cases the is, not whether they will repair the church or greater part shall bind the whole without any not, (for upon that point they are concluded custom. And the case before cited from the by the law,) but how, and in what manner, Year Book furnishes an indisputable autho- the common law obligation, so binding them, rity that the power of assessing a rate upon may be best and most effectually, and at the themselves by the majority of the parishioners, STATUTA GULIELMI IV. A.D. 1830—1837. 1529 from and after the first day of October, one thousand eight hundred and thirty- three, no person or persons shall be rated or shall be liable to be rated, or to pay to any church or poor rates or cesses, for or in respect of any churches, dis- assembled at a meeting, for repairing their church, must have been a power that existed from time immemorial. No one, however, disputes the validity of a rate so imposed, and certainly no question has been raised upon its validity before us ; all concurring in opinion, that such a rate is good, and that the payment of each man's proportion thereof might be enforced by a suit in the ecclesias- tical court. As little difference of opinion arises as to the validity of a rate imposed by the churchwardens alone, where a meeting of the parishioners has been duly convened in vestry for the purpose of making such rate, but where none of the parishioners have thought fit to attend and express an opinion, for in this state of circumstances the church- wardens, who may be assumed to be parish- ioners themselves, do in effect constitute the majority, or, more properly speaking, the whole of the parishioners who are assembled in vestry; and, therefore, upon the principle above laid down, they must have authority to bind the absent parishioners. But the rate in question, upon the validity of which our judgment is demanded, varies in most impor- tant particulars from both the preceding cases ; and the question to be resolved with respect to that rate is, whether, after a meeting has been duly convened, and certain of the pa- rishioners have attended, and the majority of those who so attend have refused to make any rate for the necessary repairs of the pa- rish church, the churchwardens have autho- rity, by themselves, and not at the meeting at which the refusal took place, but at a sub- sequent time, to make a rate that shall be binding on the parish. Such a power, if it could be shown to exist by custom in any par- ticular parish, might indeed seem, in its own nature, not to be unreasonable ; as it would amount to no more than a mode of carrying into complete effect, through the means of a public officer, the performance of that duty which is cast upon the parishioners by the general law of the land, after they had them- selves refused or neglected to take upon them the primary method provided by the law, that of taxing themselves at a parish meet- ing; observing, at the same time, that, if any objection should arise as to the necessity of rhe rate, the amount of the rate, or the lia- bility of any of the persons rated, all those questions might be afterwards raised and de- termined in the spiritual court. There is, however, no suggestion in this case of the existence of any such custom ; and the only question is, whether the defendants below, the churchwardens, can bring forward any authority or argument that such power is vested in the churchwardens by the general law of the land. Now the authorities which have been referred to, and which are all that can be found in the books in support of that proposition, appear to be inapplicable to the present case, and overbalanced by those which are produced on the other side. In fact, there is but one single common law authority cited in support of the affirmative of this position ; and that is the dictum of the court in the case in 1 Vent. 367, (January, 1683,) viz., 1 that the churchwardens (if the parish were summoned and refused to meet, or make a rate) might make one alone, for the expenses of the church, if needful ; because that, if the repairs were neglected, the churchwardens were to be cited, and not the parishioners.' That this is an obiter dictum of the court only, and not a resolution, or judgment upon the point, is evident from this, that a rule was granted to show cause why a prohibition should not go in that case ; and it is left un- certain, whether the prohibition issued or not. And it is this dictum which gives occasion to the several passages inserted in the various text writers to which reference was made ; viz., Watson's Clergyman's Law, Wood's Institutes, Bacon's Abridgment, and the other abridgments referred to at the bar. These various repetitions, derived from the same source, cannot raise the authority of the pro- position itself higher than that which it ori- ginally possessed. And, with respect to the case in Ventris, which is, at best, extremely short and unsatisfactory, it is by no means inconsistent with the statement in that case, that the rate made by the churchwardens was made at the very meeting at which the ma- jority refused their assent ; a circumstance which might give rise to a very different con- clusion, and on which an observation will afterwards be made. It is also to be re- marked that Sir Simon Degge, in his Parson's Counsellor, mentions it only as his own pri- vate opinion that, if the parishioners refuse, the churchwardens may make a rate alone. 4 If the parishioners,' he says, ' when they come together at such meeting, refuse or neglect to join in making such assessment, or refuse to meet, I conceive the churchwardens, hav- ing just cause for such assessment, may pro- ceed alone ;' and in the third edition of his work in 1681 is added, for the first time, ' but some are of opinion that the church- wardens cannot proceed alone, but must compel the parishioners to do it by ecclesias- tical censure, Ideo qucere:' thus affording a very strong inference that he placed no great reliance on the soundness of his former posi- tion. The authority of Ayliffe, in his Parer- gon, p. 455, is directly opposed to it ; and, without referring particularly to the several common law authorities, which have been brought in review before us, it may be suffi- cient to say, that the weight of such authori- ties appears to us to be strongly in favour of the plaintiff below. With respect to the case of Gaudern v. Selby, (1 Curt. 394, and the Braintree church-rate case, by Johnson, p. 109;) decided before Sir William Wynne, on an appeal to the court of Arches in the year 1799, and which has been much relied upon by the counsel for the churchwardens, one observation that arises is, that the church rate in that case was made by the church- wardens at the same vestry meeting which Stat. 3 & 4 Gul. 4, c. 30. No persons liable to be rated for places 1530 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 30. exolusively appropriated to public res- trict churches, chapels, meeting houses, or premises, or such part thereof as shall he exclusively appropriated to public religious worship, and which, (other than churches, district churches, and episcopal chapels of the established church,) shall had been duly summoned, and at which it had been refused by the majority of the pa- rishioners there present; a fact which forms a most important distinction between that and the present case. The churchwarden in that case required a rate at a larger sum, and a majority of the parishioners present refused it for that sum, though they were willing to grant it for a smaller; and the churchwarden nevertheless made the rate, against the con- sent of the majority, for the larger sum. We do not enter into the discussion, whether a rate so made by the churchwardens, at the parish meeting where the parishioners were then met, would have been valid or not; or how far such case may be analogous to that of the members of a corporation aggregate, who, being assembled together for the pur- pose of choosing an officer of the corporation, the majority protest against, and refuse al- together to proceed to, any election ; in which case they have been held to throw away their votes, and the minority, who have performed their duty by voting, have been held to repre- sent the whole number. It is obvious, in- deed, that there is a wide and substantial dif- ference between the churchwardens alone, or the churchwardens and minority together, making a rate at the meeting of the parish- ioners where the refusal takes place, and the churchwardens possessing the power of rating the parish by themselves at any future time, however distant. It is unnecessary, however, to discuss this point, as the facts of the pre- sent case do not bring it before us ; it is suf- ficient to say, whilst we give no opinion upon it, we desire to be understood as reserving to ourselves the liberty of forming an opinion whenever the case shall occur. " Upon the whole, therefore, with respect to the question first raised, we are of opinion, for the reasons above given, that the present rate is illegal and void. "The second question therefore arises, viz., whether a court of common law has the power to prohibit the ecclesiastical court from proceeding to enforce this rate; which rate, for the purpose of raising the present question before us, must be assumed to be illegal and void ? The first ground of objec- tion urged against the issuing of the prohibi- tion in this case was, that by the statute 13 Edward I., commonly called Circumspecte ayatis, the ecclesiastical courts have sole and exclusive jurisdiction upon the question of the repairs of churches. That statute orders the temporal courts not to interfere with the bishops or clergy * when they hold plea in court Christian of such things as be mere spiritual;' and the statute then proceeds, amongst other articles which are enumerated, to enact thus : ' Item, if prelates do punish for leaving the churchyard unclosed, or for that the church is uncovered, or not conve- niently decked; in which cases none other penances can be enjoined than pecuniary.' And, after mentioning other instances, the statute concludes, ' In all cases afore re- hearsed, the spiritual judge shall have power to take knowledge, notwithstanding the king's prohibition.' " Now, upon the construction of this sta- tute, no doubt has ever been raised or can exist, but that the spiritual court has power and jurisdiction, by ecclesiastical censures, to compel the churchwardens to perform their duty in relation to the repairs of the church; to compel the parishioners to perform their duty in providing the means to make such repairs j and, after a legal rate has been im- posed, to compel each individual to contri- bute the sum assessed upon him. But the case before us is neither the case of a pro- ceeding by the spiritual court against church- wardens for not causing the church to be repaired, nor of a proceeding of the spiritual court against parishioners who have refused to join in making a rate, nor of a proceeding against the individuals named in a rate which has been made by the churchwardens and parishioners. It is a proceeding instituted in the spiritual court to enforce the payment of a rate made by the churchwardens alone, and without the parishioners, not made in vestry, nor at the time for which they had been con- vened and had neglected or refused to attend ; and the question is, whether, the spiritual court having admitted the libel of the church- wardens to proof, that is, in effect, having decided upon the validity of such rate, the libel itself shewing upon the face of it, that the rate is a nullity at the common law, the queen's writ of prohibition may issue? And we are all of opinion that in such a case the writ of prohibition well lies. And this opi- nion we ground, as well upon the considera- tion that it falls within one of those classes of cases which are universally admitted to foim exceptions from the jurisdiction of the spiritual court, although the original subject matter of the cause is itself undoubtedly within such jurisdiction, as also upon the authority of numerous decisions in the courts of Westminster Hall in cases which cannot be distinguished in principle from the pre- sent. "The first and largest class of cases in which prohibition has been granted by the queen's courts at Westminster, is, where a plain and manifest excess of jurisdiction has appeared to have been claimed or exercised by the ecclesiastical court; and it is under this head of exception that the present case will be found, if not directly, yet by neces- sary implication, to range itself. The others are founded on the general principle, that, notwithstanding the subject matter is of ec- clesiastical cognizance, the party would re- ceive some wrong or injury by the course of proceeding in the ecclesiastical court, or be deprived of some benefit or advantage to which the common or statute law would have entitled him. One class of those cases is, where such court is proceeding to try a mat- ter which is triable only by the common law ; as a custom, prescription, or modus. Ano- STATUTA GULIKLMI IV. A.D. 1830—1837. 1531 be duly certified for the performance of such religious worship according to the provision of any act or acts now in force: provided always, that no person or persons shall be hereby exempted from any such rates or cesses for or in respect of ther, where, in a case of spiritual cognizance, a collateral question arises which is not pro- perly of spiritual cognizance ; in which case the courts of common law oblige them to omit such evidence as the common law would allow; (Breedon v. Gill, 1 Ld. Raym. 219- 222 ;) as when, for example, a lease is offered to be proved in an ecclesiastical court, and is rejected because by their law two witnesses are required ; or, for the same reason, where the fact in dispute is the payment of a legacy. Another, where the spiritual court takes upon itself the construction of statute law, and decides contrary to the construction which is put upon the statute by the tempo- ral courts. And, lastly, another class of ex- ceptions, which seems to apply itself more closely to the case before us ; namely, that the spiritual courts being always bound to declare the common law, when it becomes necessary to declare it, in the same manner as the common law courts would do; when, as in the present instance, the very ground- work and foundation of the proceedings of the spiritual court is the holding of a sup- posed church rate to be a valid rate, which, upon the construction of a court of common law, is held to be no rate at all; in such case, in order to prevent the conflict which would arise from a decision taking place one way in the spiritual court, and the opposite way in the courts of common law, the prohi- bition is allowed to go. (Lord C. J. Eyre's judgment in Home v. Camden, 2 Hen. Black. 533 ; and the judgment of Lord Ellenborough, in Gould v. Gapper, 5 East, 370.) The spiritual court has not only undoubted, but even exclusive, jurisdiction to inquire into, and to decide upon, the necessity of the re- pair of the fabric of the parish church ; and, in the exercise of such jurisdiction, that court may, perhaps, be able to compel the church- wardens to raise the money by a rate, or may punish the parishioners who wilfully refuse either to join in such rate or pay their re- spective proportions when regularly and le- gally assessed upon them; yet they cannot proceed to enforce the payment of that which, although called a rate upon the libel, shews that a burthen has been imposed on the pa- rishioners by persons who, under the circum- stances which attended the making of it, had no authority to impose it upon the principle of the common law. "As to the decided cases, it appears that prohibitions have been granted where the ec- clesiastical court is proceeding to compel a person to contribute to the repair of a parish church as an inhabitant, whose land in the parish is on lease; (Jeffrey's case, 5 Co. 67 (b);) or where a person is charged in the parish where he inhabits in respect of land out of it; (17 Vin. Abr. Prohibition (H), pi. 4;) or where a man who takes a standing in the market in one parish, but dwells in another, is sued for repairs of the church of the former parish ; (2 Rol. Abr. Prohibition (H), pi. 5 ;) or where one is rated in respect of land for ornaments; (Ibid. (K), pi. 1 ;) or where the rate is on some of the inhabitants only ; (Ibid. pi. 10;) or where the suit is to enforce an ancient rate, made some time be- fore, and which had been made originally by commissioners of the ecclesiastical court ; (Blank v. Newcombe, 12 Mod. 327 ;) or where the bishop's commissioners made a rate, and the suit was to enforce it ; (Rogers v. Dave- nant, 1 Mod. 194 ; 2 Ibid. 8;) or where the rate was made by the churchwardens without calling together the parishioners ; or for a parish rate for making and repairing a parish organ. Anonymous, 12 Ibid. 416. In all these and many other cases, the prohibition was allowed to issue, although no one doubts but that the whole subject matter of church rates, and the enforcing of them, is within the jurisdiction of the spiritual court. In all these cases, too, the same argument would have applied which has been urged in the pre- sent case before us, viz., that the objection is a proper matter of appeal, and not of prohi- bition ; for that it is not to be assumed, that the ecclesiastical court will do wrong. What real distinction, indeed, can be made between a rate that is held to be void on the ground of its being imposed by the bishop's com- missioners, and a rate that is imposed by the mere authority of the churchwardens ? " One argument has been urged in the course of the discussion before us, to which we think it right to advert. It has been said, that to allow the enforcement of church rates to be a matter of sole and exclusive jurisdic- tion of the spiritual court, and at the same time to allow the prohibition to issue, is, in effect, to take away all power of compelling the parishioners to repair the parish church. But it is obvious that the effect of our judg- ment in this case is no more than to declare the opinion of the court, that the churchwar- dens have, in this instance, pursued a course not warranted by law; and, consequently, all the powers with which the spiritual court is invested by law to compel the reparation of the church, are left untouched. If that court is empowered, (as is stated by Lyndwood, p. 53, voc. Subpoena, and other ecclesiastical writers,) to compel the churchwardens to re- pair the church by spiritual censures ; to call upon them to assemble the parishioners toge- ther by due notice, to make a sufficient rate ; to punish such of the parishioners as refuse to perform their duty in joining in the rate of excommunication, that is, since the sta- tute of 53 Geo. 3, c. 127, by imprisonment, and, under the same penalty, to compel each parishioner to pay his proportion of the church rate : the same power will still remain with the spiritual court, notwithstanding the decision of this case. The extent and nature of those powers not being now before us, it would be at once unnecessary and improper to give any opinion upon them. It is suffi- cient to say, that all that we decide by this judgment is, that the rate as it appears upon the face of the libel, is illegal, as being made Stat. 3 & 4 Gul. 4, c. 30. gious worship. Proviso re- specting places 1532 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 30. not so exclu- sively appro- priated. any parts of such churches, district churches, chapels, meeting houses, or other premises which are not so exclusively appropriated, and from which parts not so exclusively appropriated such person or persons shall receive any rent or rents, or shall derive profit or advantage. without competent authority, and that a pro- hibition ought to go to restrain the spiritual court from proceeding to enforce it ; and for these reasons we think the judgment of the court below must be affirmed." In Regina v. Thomas S( another (Chapel- wardens of Haworth), (3 Q. B. 589,) it ap- peared, that by custom in a parish, church rates were made by the parishioners of the whole parish in vestry assembled, but were paid in certain customary proportions by the several townships of which the parish was composed; — upon such facts, the court re- fused a mandamus to compel the officers of a township to raise the proportion, in the township, of an alleged rate which had been made by the churchwardens and minority of the parishioners in vestry, after the majority had refused the rate, with the intention, as was suggested, of having no rate at all. Although the vestry meeting was held in obedience to a monition from the Consistory court, where- by the churchwardens and parishioners were admonished to hold the meeting and lay a rate. In Veley 8f Joslin v. Gosling, (3 Curt. 253,) it appeared, that the parish church of Braintree being very much out of repair, a monition issued from the Consistorial court of London, commanding the churchwardens to summon a vestry for a specified day and hour, and ordering the parishioners (then to attend and make a church rate. A vestry having been convened, a survey and estimate of the repairs and the expenses was produced, and no objection made to either. A rate having been proposed and seconded, an amendment (in effect) "That no rate be granted," was moved and seconded, and on a shew of hands, was carried. The majority of the parishioners who had negatived the granting a rate having quitted the vestry, the churchwardens and the minority continued to remain in vestry, and re-proposed and carried the necessary rate. It was held, by Sir Herbert Jenner Fust, reversing the decision of the Chancellor of London, that such rate was a legal and valid church rate, and who assigned, among other reasons for such judgment, the following : "The case of Gaudern v. Selby, (1 Curt. 394,) has been much dwelt on. I think this case did not meet with the attention, in the court of Queen's Bench, which is due to it; I think, to a certain extent, it has been calumniated. The court of Queen's Bench repudiated it as an authority, but I think the case was not properly presented to that court, so as to enable it to form a correct opinion on the case; it went to that court with many seeming anomalies and irregular- ities, pointed out by the judge of the Consis- tory court, and with the knowledge that he had expressly stated his dissent from it. Most certainly, in that case, there were irre- gularities in the proceedings in the inferior court, but they were not treated of in the Arches court. The case came to the Arches court on the merits, on the question whether the rate was a valid rate; there was no ap- peal in any of the intermediate stages. [The court stated the nature of the case, and the technical proceedings; observing, that they were fully stated in the judgment of the court below.] I cannot say the proceedings were very regular, but no objection on that head was taken, when the cause came up by appeal; there was no motion on the subject; no application to suspend the hearing, until the irregularities had been cured; the pro- ceedings were in the usual form of an appeal, with one important exception, — that in this court a new plea was given in, stating ex- pressly this fact: 'that the rate had not been allowed by the major part of the pa- rishioners; who, on the contrary, had dis- approved of and disallowed it;' bringing the main question directly to the notice of the court ; Sir William Scott was the counsel who signed this plea; the point was argued, and, true it is, no authorities were cited, either in the argument or in the judgment, but it can- not be said that Sir William Wynne, in the year 1799, was ignorant of the law of church rates : he would not be unprepared to give a decision on the point. It has been sur- mised, that Sir W. Wynne did not intend to decide this point; that, in point of fact, he thought he was deciding on the question, whether, in any event, churchwardens could make a rate of themselves? whether, after a vestry had been duly summoned, and the parishioners did not attend, a rate could be made by the churchwardens, without a ma- jority of the parishioners ? but this is mere conjecture ; the true distinction between the two cases, as it appears to me, has never been understood. But am I to assume that all the circumstances of the case were laid out of Sir W.Wynne's consideration? that they had no weight in his decision, when they were so pointedly called to his atten- tion; namely, that this was a rate made by the churchwardens, without a majority ? In deciding that case, Sir W. Wynne decided on all the circumstances of it, and on the consideration due to them. I have been told, — what is perfectly true as a general observation, — that judgments are to be con- fined to the cases immediately before the courts in which they are given : is this case an exception? Why, suppose Sir W.Wynne decided this case, when all these circum- stances were not present to his mind. I am not at liberty to assume any such thing; and, as this case may be of some importance, I have no hesitation in saying, that it is not liable to be impeached, on the ground of being an anomalous case, and not worthy of notice. Grant that there were irregulari- ties,— they were committed in the court be- low; no objection was taken on that ground, in the court of Arches; Sir W. Wynne, sit- ting as the judge of this court, could not dismiss the appeal ou account of irregular- ities in the court below; in the furtherance of justice, he was bound to hear the case on STATUTA GULIELMI IV. A.D. 1830—1837. 1533 " II. Provided always, and be it enacted, that no person or persons shall be liable to any such rates or cesses because the said churches, district churches, the merits. But, in point of fact, were the irregularities in Gaudem v. Selby, (1 Curt. 394,) such as the party appellant could take notice of? I very much doubt if they were such irregularities; I have found a case in which it was held, that irregularities of such a nature were not sufficient to vitiate pro- ceedings in an appellate court; it is a case in 1713, (Towns/tend v. Lewitt $ Page, Arches, 4th session, Hil. Term, note of Dr. Andrew.) A citation issued in the name of John Rogers, as the commissary of the Archdeacon of Leicester, and also in the name of George Newell, official to the arch- deacon; it called on Mary Townshend to answer to Lewitt and Page, the church- wardens of All Saints' Leicester, in a cause of subtraction of church rate. Articles were exhibited against her in the name of the com- missary and official. Some of the acts were sped before the commissary only ; in others, he had acted for Newell as official. Sentence was given by Newell, the official; he signed the sentence as surrogate to the commissary; the party cited was condemned in the rate and expenses ; the cause was brought to the Arches by appeal; it was objected that the proceedings were a nullity ; in other words, the manner in which the cause had been con- ducted in the court below was so irregular, that the party ought to be dismissed, with- out the court proceeding into the merits of the case; the arguments were of considerable length, and it was insisted, that the same person could not sit as judge in two distinct capacities. Cases were cited on each side, one, Deakins v. Newell, from the same judges, which it was said was dismissed on the same account; on the other side, Biddlex. Parsons, determined in the Arches, on appeal from the same judges, and no objection made to their acting jointly. Reference was made to an award of the Bishop of Lincoln, between the official and commissary — and this shows how impossible it is for this court to decide on such cases without knowing all the cir- cumstances of them — it turned out that there was an arrangement, that these two persons should sit simul et conjunctim. An award of the same nature was made by Archbishop Whitgift. The answer to the objection was, that it should have been made before issue joined, ' exceptio fori declinatoria est, et ante litem contestatam opponi debet (Par- normitan);' the result of the proceedings was this, that the objection not being taken when it ought to have been, the judge de- cided, that he must proceed to hear the case on the merits, and the result was, the party was dismissed with his costs. In Gaudem v. Selby, there are a variety of seeming ir- regularities, but if an opportunity had been given for explanation, they might have been explained; at all events they ought to have been objected to before issue was joined on the appeal, but no objection was taken by counsel oh behalf of the appellant. It has been attempted to explain this, by saying, that owing to the press of business in the Admiralty court, in 1798, Lord Stowell had just become the judge of the Admiralty, and that he had signed the appellant's case. But who were the counsel for the appellant? Dr. Arnold and Dr. Sewell ; neither of these persons was likely to neglect the interests of their client, they would have seen any objection of the kind, and would have ad- vised their client accordingly; no objection was taken to the proceedings, and the cause proceeded to a hearing. If this judgment of Sir W. Wynne had not met with the appro- bation of a large majority of the profession; if it had been thought that the case was not rightly decided, and that the rate was invalid, would not the party have been advised to appeal? Under these circumstances, surely Sir W. Wynne must have decided the case on the merits. Be the irregularities what they may, they do not detract one iota from the judgment; Sir W. Wynne must be taken to have decided, that the rate was a good, valid, and legal rate, capable of being enforced in the ecclesiastical court. Sir W. Wynne was the last judge who would have made a law; he invariably took the greatest care to satisfy himself as to what the law was, but when he had once done so, he never hesitated to pro- nounce what the law was. I look upon his decision as a direct, positive, and absolute decision on the present point, as a precedent binding on this court, and which neither I, nor any judge of this court, am at liberty to depart from. Whether the judgment in the courts of Queen's Bench has shaken the authority of the case, is a question I am not at liberty to enter into ; if I was satis- fied, that the judgment was not founded on authority, and a just apprehension of the law, I might then refuse to be bound by it; but not thinking so, I have no objection to shelter myself under the authority of Sir W. Wynne, and to express my opinion that, what he has pronounced to be law, is law. That judgment in no way militates against the decision of the Queen's Bench, the point before that court, was not the point decided in Gaudem v. Selby. Did the court of Ex- chequer chamber repudiate this case as an authority? Undoubtedly they have not so expressed themselves; it was no precedent for the case before that court. Have not the judges of the court of Error said, that 4 there is a wide and substantial difference between the cases, — between the case then before them, and a case which might possibly occur, — in fact, this very case. What is the mean- ing of the term, 'wide and substantial differ- ence?' Must it not mean such a difference as will tend to a different result in the deci- sion of the two cases ? So far then from re- pudiating that case, if compelled to do so, I should rather say they adopted it; other- wise, I think they would not have thrown out the observation, that it was a point de- serving of great consideration, on which they reserved to themselves the power of forming an opinion whenever it should occur. Can I suppose those judges would have gone out Stat. 3 & 4 Gul. 4, c. 30. Persons not liable to rates 1534 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul, 4. c. 30. because part of premises may be used for schools. chapels, meeting houses, or other premises, or any vestry rooms belonging thereto, or any part thereof, may be used for Sunday or infant schools, or for the charitable education of the poor." of their way to make use of such marked expressions, unless they really attached some importance to the distinction between the cases? On the contrary, I think the suppo- sition is rather in the alternative, that they would have guarded themselves from the possibility of being supposed to have enter- tained even a notion of the existence of any such distinction. I therefore consider the case of Gaudern v. Selby as a direct autho- rity for this rate; the learned judge of the Consistory court has said, that it is neither a precedent, nor an authority ; I am of a different opinion, I think it a very consider- able authority. It has been said, that the decision in that case came by surprise on the profession: that the ecclesiastical com- missioners, in their investigation of the law, were not aware of such a case. As a mem- ber of that commission, I do not know that I ever heard of the case by its real title, but, at a very early period of my entering this profession, I was always led to think that the law was such, and had been so laid down; nothing can be more clearly shewn by the Report of the Ecclesiastical Commissioners than this, that in their opinion such a case might arise. If my recollection serves me, I always understood, that, although the point was doubted, the better opinion was, that such a rate was a good and valid rate, but 1 well remember, that at an early period of my communication on the subject with the learned judge of the Consistory court, he en- tertained a different view of the law." Customary summons. Where a town- ship, being part of a parish, is called upon by mandamus to pay a definite customary proportion of a church rate, laid for the whole parish, it must appear, that the inha- bitants of the township were summoned to consider the rate ; for, if the custom requires such summons, fulfilment of that requisite is essential, and, if it does not, it is a bad cus- tom. Regina v. Dalby, 3 Q. B. 602. But it seems that a notice of a vestry meeting, for making a church rate, may be given by a private parishioner. Butt v. Fellowes, 3 Curt. 680. Monition to make a rate. Upon an affi- davit that a parish church was in need of re- pair, and that the majority in vestry refused to make a rate, the court directed a monition to issue against the churchwardens and pa- rishioners to meet in vestry on a particular day, and make a rate for the necessary repair of the church. Fielding v. Standen & Cook, 2 Ibid. 663. Church rate without a faculty. In War- ner v. Gater, (Ibid. 315,) it was held, that a church rate for defraying the expense of the consecration of a church rebuilt under Stat. 59 Geo. 3, c. 134, s. 40, was valid, although no faculty had been granted. Rate drawn up by churchwardens alone. The parishioners in vestry assembled having passed a resolution, that a rate should be made, the fact of the rate itself not being then made, but drawn up subsequently by the churchwardens alone, will not vitiate the rate. White <§• Jackson v. Beard, Ibid 485. Valid assessment. A church rate made upon the same assessment as the poor rate, is a valid assessment. Smith 8f Willis v. Dixon, Ibid. 271. Omissions in rate. A church rate is not invalid by reason of omissions of an incon- siderable amount, it being a question of de- gree; and where the rateable property was 8622/., and property was omitted amounting to 200/., the court pronounced for the rate, but without costs. Ibid. 495. Excessive rate. An allegation in a suit for subtraction of church rate, having been admitted, pleading that the rate in question, of nine-pence in the pound, was excessive ; an allegation in reply, stating that upon a sixpenny rate being proposed by the church- wardens for absolute necessaries, an increased rate of nine-pence in the pound was moved and carried, for the purpose of repairing the church bells, upon a calculation made at the time; was admitted as a sufficient explana- tion of such increased rate. Smith S[ Willis v. Dixon, Ibid. 271. In a suit for subtraction of a church rate of nine-pence in the pound, an allegation pleading, that the churchwardens having pro- duced an estimate and required a rate of six- pence in the pound, which would have been sufficient to meet all necessary demands, and that the rate of nine-pence in the pound, which, without any estimate, was moved as an amend- ment, and carried, and was excessive; was admitted as being prima facie an answer to such suit. Smith $ Willis v. Dixon, Ibid. 268. A church rate is not excessive, if made for defraying the expenses of and for the cur- rent year, although such expenses may have been incurred before making the rate. Butt v. Fellowes, 3 Ibid. 680. In a suit for church rate, it was objected : 1st. That the proceeding was for six rates at the same time ; and, 2nd. That the rates were made by persons delegated by the pa- rishioners in vestry, but not made in ves- try; such objections were however overruled. But an objection, that the minister's salary was included in the rate, such salary amount- ing to one third of the whole rate, was sus- tained. Still $ Bunn v. Palfrey, 2 Ibid. 902. In Regina v. Pickles, (3 Q. B. 599,) the churchwardens of a parish church having made a church rate, obtained a rule nisi for a mandamus to the officers of a township within the parish, to make a rate on the in- habitants of that township, for raising a spe- cified portion of such church rate. The affi- davits shewed a custom, that the township and another should jointly contribute twice that portion, but did not show how much of the amount was contributable by each. The court discharged the rule with costs, consi- dering the defect substantial, and refusing to mould the rule. The churchwardens having afterwards, without reference to the former proceedings, obtained a second rule on fresh STATUTA GULIELMI IV. A.D. 1830—1837. 1535 LXII. Stat. 3 & 4 Gulielmi 4, cap. xxx. A.D. 1833. "An Act for making the Hamlets of Newbold and Armscott a separate Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for building a Church and providing a Churchyard and Parsonage House at Newbold." Stat. 3 & 4 Gul. 4, CAP. xxx. LXIII. Stat. 3 & 4 Gulielmi 4, c. 31. A.D. 1833. "An Act to enable the Election of Officers of Corporations and other Public Companies, now required to be held on the Lord's Day, to be held on the Satur- day next preceding, or on the Monday next ensuing." " Whereas the profanation of the Lord's day is greatly increased by reason of certain meetings which are usually or occasionally held thereon, and whereas it is the duty of the legislature to remove as much as possible impediments to the due observance of the Lord's day ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal , and commons in this present parliament assembled, and by the authority of the same, that every meeting or adjourned meeting of any vestry or corporation, whe- ther ecclesiastical or civil, or of any public company, for the nomination, election, appointment, swearing in, or admission of any officer or officers, or for the transac- tion of any other secular affair of such vestry, corporation, or company, and every other meeting of a public and secular nature, which, according to any act of parlia- ment, or according to any charter, grant, constitution, deed, testament, law, pre- scription, or usage whatsoever, is or shall be required to be held on any Lord's day, or on any day which shall happen to be on a Lord's day, shall be held on the Satur- day next preceding or on the Monday next ensuing, at the like hour, with like form and effect, as if the same had been held on such Lord's day ; and every matter transacted at any such meeting or adjourned meeting held upon any Lord's day shall be absolutely void and of none effect, to all intents and purposes whatsoever : provided always, that when no such nomination, election, appointment, swearing in, or admission, shall have taken place on such Saturday, every person whose term of office would, according to any such act, charter, grant, constitution, deed, testa- ment, law, prescription, or usage, have expired on any such Lord's day, shall con- tinue in office, and exercise and enjoy all the powers and privileges annexed or relating to such office, until and on such Monday next ensuing, in the same man- ner as if such Monday had been the customary day of nomination, election, appoint- ment, swearing in, or admission. " II. And be it further enacted, that whenever the nomination, election, appointment, swearing in, or admission of any such officer or officers as before men- tioned shall not take place on such Saturday or Monday, or shall become void, the case shall be and is hereby declared to be within the provisions of an act made and passed in the eleventh year of his late majesty King George the First, intituled, 4 An Act for preventing the Inconveniences arising for Want of Elections of Mayors Stat. 3 & 4 Gul. 4, c. 31. affidavits, shewing that the two townships contributed in equal portions, the court dis- charged the rule with costs. Insvfficiency qf averment. At a vestry meeting called, by notice signed by the churchwardens, for the purpose of making a church rate for the repair of the church, a resolution was moved and seconded, "That this vestry, considering church rates at all times bad in principle, and particularly unjust in practice, and quite uncalled for at the present time, resolve to adjourn all further consideration of the subject for which it has been called, till this day twelvemonths," which resolution was carried: it was held, that one of the churchwardens, in having voted in favour of the resolution, and against the rate proposed (of two-pence in the Elections of officers of cor- porations and other public companies now required to be held on a Sunday shall be held on the Saturday preceding or the Monday following:. If election does not take place on the Satur- day, the per- son holding the office to continue so to do until the Monday. Elections not made on such Saturday or Monday, shall be taken to be within the provisions of 11 Geo. I.e. 4. pound), was not guilty of any ecclesiastical offence, — it not being averred, that in conse- quence of the refusal of the rate, the church was still out of repair. Cooper v. Wickham, 2 Curt. 303. Costs. In Chesterton $ Hut chins v. Far- lar, (Ibid. 77,) although a party had suc- cessfully resisted payment of a church rate, he was not dismissed, with his full costs, be- cause he had put matters in plea which caused unnecessary expense. Where a church rate was made to raise 400/., a part of which, amounting to 250/., was intended to pay debts incurred in the previ- ous year by reason of the parishioners having refused a rate, it was pronounced against with costs. Ellis § Gough v. Griffin, Ibid. 673. 1536 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 or other Chief Magistrates of Boroughs or Corporations being made upon the Days Gul. 4. c. 31. appointed by Charter or Usage for that Purpose, and directing in what Manner such Elections shall be afterwards made,' as fully and effectually as if such officer or officers had been expressly named in the said act." Stat. 3 & 4 LXIV. Stat. 3 & 4 Gulielmi 4, c. 37. [Ireland.] A.D. 1833. Gul. 4 c. 37. rjR j "An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland (1)." " Whereas it is expedient to make provision for the abolition of first-fruits in Ireland, and the substitution of an annual tax in lieu thereof; and it is also expe- dient that compulsory assessments by vestries should be abolished in certain cases : and whereas the number of bishops in Ireland may be conveniently diminished, and the revenues of certain of the bishoprics, as well as the said annual tax, applied to the building, rebuilding, and repairing of churches and other such like ecclesiastical purposes, and to the augmentation of small livings, and to such other purposes as may conduce to the advancement of religion, and the efficiency, perma- nence, and stability of the united church of England and Ireland : and whereas the (1) Church in Ireland : — The following list enacted since A.D. 1800, relating to the contains a statement of the principal statutes church in Ireland : Building, repairing, or otherwise providing of churches and | chapels, and of houses for ministers, and the providing >43 Geo. 3, c. 108.] of churchyards and glebes J !> E. &I. Amendedby 51 Gei. 3, c. 115.J more effectually providing for the building and re-] building of churches, chapels, and glebe houses, L g QjeQ 3 c and for the purchase of glebe lands, glebe j * houses, and impropriations J Amendedbj 49 Geo. 3, c. 103. £ I. [3 & 4 Gul. 4, c. 37. Repealed, and other provisions made by ....< 4 & 5 Gul. 4, c. 90. ( 6 & 7 Gul. 4, c. 99.^ Chapels of ease, amending 1 Geo. 2 (Irish act), for encou-) 6 & 7 qu1 4 c 31 j raging the building of j » • ► . lands for the improvement of 4 Geo. 4, c. 86. j Amended by 5 Geo. 4, c. 8. J c 7 Geo. 4, c. 72. „ 7 j A ^ w 1 1 J 3 & 4 Gul. 4, c. 37. Repealed, and other provisions made by ....< quj 4 c I 6 & 7 Gul. 4, c. 99. Oran and Drumtemple, in the diocese of Elphin, repealing) ^ £,go 4 c 58 9 Anne (Irish act), so far as relates to the parishes of ....) ' ' Rates and tithes, for the more easy recovery of 54 Geo. 3, c. 68. ^ f 4 Geo. 4, c. 86. Repealed in part, and other provisions made by< 7 Geo. 4, c. 72. ( 3 & 4 Gul. 4, c. 37J Rates and money advanced by the trustees and commissioners) 4 Geo. 4, c. 86. ^ of first-fruits, amending the laws for collecting / 6 Geo. 4, c. 130. I j Repealed, and other provisions made by j 3 ^4 Q^[° 4^ 37 j altering and amending the law as to church rates,) g Qgo ^ c ] and for regulating the same / ' ' I j Repealed, and other provisions made by .... j ^ q^\J ^' 37 j consolidating and amending the laws which regulates the levy and application of church rates and' 7 Qgo 4 c ~2 \ parish cesses, and the election of churchwar-f ' " ' I j dens, and the maintenance of parish clerks .. .J f Repealed in part, and other provisions made by 3 & 4 Gul. 4, c. 37. J Sites of churches, removing doubts respecting 53 Geo. 3, c. 66. ) . See further 4 Geo. 4, c. 86. j for churches and churchyards, empowering rectors) ^ qgq 3 c U7 j and vicars to grant glebe land for / ' ' Temporalities, altering and amending the laws relating to 3 & 4 Gul. 4, c. 37. (4 & 5 Gul. 4, c. 90. 6 & 7 Gul. 4. c. 99. 3&4Vict. c 101. I. I. 6 & 7 Vict. STATUTA GULIELMI IV. A.D. 1830-1837. 1537 tenure by which church lands are held in Ireland is inconvenient, and it is expe- Stat. 3 & 4 dient to alter the same in such manner as may tend to the ease and security of the Gul. 4, c. 37. church, and the advantage of the persons holding thereunder: be it therefore ^Ir'^ enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that from and after the commencement of Acts or parts this act the several acts or parts of acts hereafter mentioned shall be repealed ; of acts re- (that is to say,) an act made in the parliament of Ireland in the twenty-eighth Pealed5 VIZ- year of the reign of King Henry the Eighth, intituled, 4 An Act for First-fruits f 28 Hen. 8, an act made in the parliament of Ireland in the twenty-eighth year of the reign of 2g8jjen g King Henry the Eighth, intituled, 4 An Act for the Twentieth Part;' so much of 14. ' ' an act made in the parliament of Ireland in the second year of the reign of Queen 2 EUz. c. 3; Elizabeth, intituled, * An Act for the Restitution of the First-fruits and Twentieth Part, and Rents reserved nomine Ten or Twenty, and of Parsonages Impropriate, to the Imperial Crown of this Realm,' as relates to or concerns first-fruits and twentieth parts, or the payment thereof ; an act made in the parliament of Ireland 2 Geo. 1, c. 15 in the second year of the reign of King George the First, intituled, ' An Act for confirming the several Grants made by Her late Majesty of the First-fruits and Twentieth Parts payable out of the Ecclesiastical Benefices in this Kingdom, and also for giving the Archbishops, Bishops, and other Ecclesiastical Persons some Years' Time for the Payment of First-fruits;' so much of an act made in the g Geo. 1, parliament of Ireland in the eighth year of the reign of King George the First, c. 12, s. 6; intituled, 4 An Act for the better enabling of the Clergy having Cure of Souls to reside upon their respective Benefices, and for the Encouragement of Protestant Schools within this Kingdom of Ireland,' as relates to or concerns the payment of any sum of money by the trustees of first-fruits therein mentioned; an act made 10 Geo. l,c. 7 in the parliament of Ireland in the tenth year of the reign of King George the First, intituled, 4 An Act for amending an Act, intituled, " An Act for confirming the several Grants made by Her late Majesty out of the First-fruits and Twen- tieth Parts payable out of the Ecclesiastical Benefices in this Kingdom, and also for giving the Archbishops and other Ecclesiastical Persons Four Years' Time for the Payment of First-fruits," and for incorporating the Trustees and Commis- sioners of the said First-fruits;' an act made in the parliament of Ireland in the 29 Geo. 2 c.18 twenty-ninth year of the reign of King George the Second, intituled, 4 An Act for amending and making more effectual the several Laws relating to the First- fruits payable out of the Ecclesiastical Benefices in this Kingdom, and for the better Regulation and Management of the Charitable Bequests of Doctor Hugh Boulter, late Lord Archbishop of Armagh, for augmenting the Maintenance of Poor Clergy in this Kingdom;' an act made in the parliament of Ireland in the 29 Geo. 3, c. 26 twenty-ninth year of the reign of King George the Third, intituled, 4 An Act for the better enforcing the Payment of the First-fruits chargeable on the Clergy of this Kingdom ;' also an act made in the parliament of the United Kingdom, in the 46Geo.3,c.60 forty-sixth year of the reign of his late majesty King George the Third, intituled, * An Act for amending an Act passed in Ireland in the twenty-ninth year of King George the Second, intituled, 44 An Act for amending and making more effectual the several Laws relating to First-fruits payable out of Ecclesiastical Benefices in this Kingdom, and for the better Regulation and Management of the Charitable Bequest of Doctor Hugh Boulter, late Lord Archbishop of Armagh, for augment- ing the Maintenance of Poor Clergy in this Kingdom," so far only as relates to the said Charitable Bequest ;' an act made in the parliament of the United King- 43 Geo. 3, dom in the forty-third year of the reign of King George the Third, intituled, 4 An c. 10G;; Act to enable the Commissioners of First-fruits in Ireland to lend certain Sums of Money (Interest free) to Incumbents of Benefices there, for the purpose of enabling them to erect or purchase Glebe Houses and Offices convenient for their Residence, and to purchase Glebe Lands fit and convenient for the Erection of such Houses and Offices ; and to make Provision for the Repayment of all Loans so to be made by the said Commissioners;' an act made in the parliament of the 48Geo.3,c.G5 United Kingdom in the forty-eighth year of the reign of King George the Third, 5 F i538 STATUTA GULIELMI IV. A.I). 1830-1837. Stat. 3 & 4 Gul. 4, c. 37. [Ir.] 49 Geo. 3, c. 103; and 4 Geo. 4, c. S6; except as to the repeal of former acts; as to the recovery of penalties; or as to the reco- very of monies now or here- after due, and to bonds and securities for the same. Ecclesiastical commissioners to be ap- pointed. intituled, ' An Act to make more effectual Provision for the building and rebuild- ing of Churches, Chapels, and Glebe Houses, and for the Purchase of Glebe Lands, Glebe Houses, and Impropriations in Ireland ;' an act made in the parliament of the United Kingdom in the forty-ninth year of the reign of King George the Third, intituled, ' An Act to amend an Act made in the last Session of Parliament, for making Provision for the building and rebuilding of Churches, Chapels, and Glebe Houses in Ireland;' so much of an act made in the parliament of the United Kingdom in the fourth year of the reign of King George the Fourth, intituled, 6 An Act to amend the Laws for collecting Church Rates and Money advanced by the Trustees and Commissioners of the First-fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands, in Ireland,' as relates to the making, applotting, raising, levying, or enforcing any rate, assessment, or cess for or towards the repairing, building, or rebuilding any churches or chapels in Ireland, or as relates to any loans made by the trustees and commissioners of the first-fruits of ecclesiastical benefices in Ireland, or any instalments of sums payable to the said trustees and commissioners, or to any proceeding concerning any of the same ; and the said several herein before-recited acts and parts of acts are hereby, from and after the commencement of this act, repealed accordingly, save and except so far as the said recited acts or parts of acts, or any of them, repeal the whole or any part of any other act or acts ; and also save and except so far as relates to any acts, matters, and things done at any time before the commencement of this act, all which acts, matters, and things shall be and remain good, valid, and effectual, to all intents and purposes whatsoever, as if this act had not passed ; and also save and except as to the recovery and application of any penalty for any offence which shall have been committed previous to the commencement of this act; and also save and except as to the recovery and application of any sum and sums of money lent or advanced under or by virtue of any of the said recited acts or parts of acts, and which may now be or at any time after become due, and also save and except so far as relates to all and every the bonds or other securities for the repayment of any such sum or sums of money, all which penalties, sums of money, and bonds or other securities, not by this act otherwise provided for, shall and may be sued for, recovered, and dealt with to all intents and purposes as if this act had not been Commissioners to subscribe the following declaration. " II. And be it further enacted, that the lord primate of all Ireland, the lord high chancellor of Ireland, being a member of the united church of England and Ireland, the lord archbishop of Dublin, the lord chief justice of Ireland, being a member of the united church of England and Ireland, all now and here- after for the time being, and also such four of the archbishops or bishops of Ireland as shall be appointed from time to time by his majesty in council for the time being, by warrant under the sign manual, together with three proper and discreet persons, being members of the united church of England and Ireland, two of whom to be appointed from time to time by his majesty in council by warrant under the sign manual, and the other to be appointed from time to time by the said lord primate and lord archbishop of Dublin for the time being, by writing under their respective hands and seals, shall be one body politic and corporate, by the name of the Ecclesiastical Commissioners for Ireland,' and by that name have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have power and authority to take and purchase and hold lands, tenements, and hereditaments to them, their successors and assigns, for the purposes of this act, the Statutes of Mortmain, or any other act or acts, to the con- trary hereof notwithstanding : provided always, that the said lord chancellor and lord chief justice, and said three other commissioners respectively, and their suc- cessors for ever, do and shall, before acting under said commission, and at the first meeting they shall respectively attend, subscribe in the book of the minutes of the proceedings of said commissioners a declaration in the words following : " ' I do hereby solemnly, and in the presence of God, testify and declare, that I am a member of the united church of England and Ireland, as by law established. Witness my hand this day of .' STATUTA GULIELMI IV. A.D. 1830-1837. 1539 <; III. And be it further enacted, that the said four bishops and the said three Stat. 3 & 4 other commissioners shall be at .all times removable by his majesty in council by Gul: 4, c. 37. warrant under the sign manual ; and that whenever by death, resignation, removal, or otherwise, any such bishop or person shall cease to be a commissioner under this His majesty in act, then and in every such case it shall and may be lawful for his majesty, by rer^e warrant as aforesaid, to appoint one other bishop or person in the place and stead missioners of any such bishop, or in place and stead of either of such two persons appointed and fill up by his majesty, so ceasing to be such commissioners respectively ; and in case of vacancles- the death, resignation, or removal of said commissioner appointed by the lord primate and the archbishop of Dublin, it shall and may be lawful for the said lord primate and archbishop of Dublin for the time being to appoint another proper and discreet person in the place and stead of the person so dying, resigning, or being removed as aforesaid ; and any such bishop or person so to be appointed shall accordingly be and become to all intents and purposes one of the commis- sioners for the purposes of this act. "IV. And be it further enacted, that it shall and may be lawful for the lord Salaries to lieutenant or other chief governor or governors to order and appoint such salary as commissioners, he or they shall deem fit to be paid to the said three persons (not being bishops) to be appointed such commissioners as aforesaid, regard being had to the nature and extent of the duties to be performed, and to the responsibility which may attach to such persons respectively. " V. And be it further enacted, that it shall and may be lawful for the said Commissioners commissioners to appoint, during pleasure, such secretary and treasurer, and such to appoint other subordinate officer or officers, as they in their discretion shall think neces- °!f ^j^-^ sary for the execution of the several duties and trusts hereby reposed in them ; i^d incidental and the said commissioners shall, out of the several funds hereby vested in and expenses, made payable to them, pay such salaries as shall, pursuant to the provision herein- before contained, be appointed to be paid to the said three commissioners, and also such other salaries to the said secretary, treasurer, and other subordinate officer or officers as the said commissioners, by and with the approbation and consent of the lord lieutenant or other chief governor or governors, testified in writing under his or their hand or hands, shall from time to time think fit and allow ; and the said commissioners shall also out of the said funds defray all such incidental charges and expenses as shall become necessary in the execution of the several powers and trusts by this act, or by any act hereafter to be passed, reposed in them. " VI. And be it further enacted, that all acts, matters, and things, (save as Three com- hereinafter excepted,) which the said commissioners are by any of the provisions missioners to of this act authorized or required to do and perform, shall and may be done form a quorum, and performed by any three of such commissioners: provided always, that such three commissioners be for such purpose assembled at a meeting, whereof due notice shall have been given to all the said commissioners. " VII. Provided always, and be it hereby enacted, that no proceeding which As to pro- requires to be ratified and confirmed by the common seal of the corporation codings re- shall he finally concluded nor the said seal affixed to any deed or instrument, qui?nf J° ?,e . , „ . ,, , . . ' ratified by the save at a meeting wnereot notice shall have been in like manner given, and common seal. whereat one at least of the said episcopal commissioners shall be personally pre- sent : provided always, that in case any episcopal commissioner, being the only episcopal commissioner present, should object to the ratification and confirma- tion of any such proceeding as aforesaid, or to the affixing of such seal to any deed or instrument as aforesaid, such ratification or affixing of the seal shall not take place till a subsequent meeting of the commissioners, of which due notice shall have been given. " VIII. And be it further enacted, that at each meeting of the said commis- Who to he sioners, the commissioner first in rank and precedence there present shall preside chairman, as chairman, and in case of the equality in rank and precedence of all the com- missioners so present, then the senior commissioner in the order of appointment shall so preside ; and the chairman at all such meetings shall not only vote as 5 F 2 1540 STATUTA GULIELMI IV. A.D. 1830-1337. Stat. 3 & 4 Gul. 4, c. 37. [IR.] Secretary to keep a book. Commissioners to make a report to lord lieutenant, and return an account to be laid before parliament once in every year, or oftener if required. Commissioners to make rules and bye-laws, to be approved by lord lieute- nant. An account to be kept with bank of Ire- land. Payments of first-fruits to cease. a commissioner, but shall also, in case of the equality of votes, have the casting or decisive vote. " IX. And be it further enacted, that the secretary or other officer of said com- missioners shall keep a book, in which he shall make minutes of the proceedings of the said commissioners at their several meetings, and enter the names of the commissioners present thereat ; and such entry of the proceedings at each meeting shall be signed by the chairman thereof. " X. And be it further enacted, that the said commissioners shall once in every year, within fourteen days after the first day of August, make a report to the lord lieutenant or other chief governor or governors of Ireland for the time being, under the hands and seals of the said commissioners, of their proceedings under this act, for the year preceding, ending on such first day of August, and shall also return with said report an account of all their receipts and disbursements during the like period, distinguishing the specific sources from which all monies may be derived, and showing the total amount derived from each such source, together with the specific purposes to which the receipts have been applied ; and such report and account shall be laid before both houses of parliament ; and the said commissioners shall also, at all other times when and as thereunto required by the lord lieu- tenant or other chief governor or governors for the time being, deliver to him or them a report of their proceedings, and return an account of their receipts and disbursements under this act, for and during such period as they may be so required. " XI. And be it enacted, that the said commissioners shall frame and prepare such rules, orders, and bye-laws, not being contrary to the provisions in this act contained, nor to the laws of that part of the United Kingdom called Ireland, as the said commissioners shall judge most convenient for the better government of such corporation, and the management and disposal of the funds hereby vested in them for the several purposes of this act, and for the more effectual execution of the several powers and trusts hereby reposed in them ; and all such rules, orders, and bye-laws, being approved and confirmed by the lord lieutenant or other chief governor or governors of Ireland, by writing under his or their hand or hands, shall be good, valid, and effectual, and shall be sufficient in all courts to justify all per- sons who shall act pursuant to the same ; and it shall be lawful for the said com- missioners, by and with the consent and approbation of the said lord lieutenant or other chief governor, from time to time to annul or alter such rules, orders, and bye-laws, or to make others in lieu thereof or in addition thereto, which, being duly confirmed as aforesaid, shall be good, valid, and effectual to all intents and purposes whatsoever : provided always, that no rule, order, or bye-law shall be presented to the lord lieutenant or other chief governor for his approbation and confirmation, unless it shall have' been made by the said commissioners at one meeting, and shall afterwards have been confirmed by them at another meeting, which other meeting shall have been called upon one month's notice, wherein shall have been set forth the rule, order, or bye-law proposed to be confirmed, " XII. And be it enacted, that the governors and directors of the bank of Ireland shall and they are hereby required to open in their books a general and such and so many particular and distinct accounts with the said commissioners, under the title of ' The Ecclesiastical Commissioners for Ireland,' as the said com- missioners shall from time to time require to be kept, and to receive such lodgments and make such payments to the credit and debit of such accounts respectively, and to give and deliver such receipts and vouchers as the said commissioners shall from time to time direct. " XIII. And be it further enacted, that from and after the commencement of this act all payments of first-fruits in Ireland shall cease and determine for ever ; and that all archbishops, bishops, archdeacons, deans, rectors, vicars, and all other ecclesiastical persons, and their successors, in Ireland, shall be for ever hereafter excused, acquitted, and discharged, as well against his present majesty, his heirs, and successors, as against the trustees and commissioners of first-fruits in Ireland, and all other persons whatsoever, of and from the payment of all and all manner of STATUTA GULIELMI IV. A.D. 1830-1837. 1541 first-fruits issuing out of ecclesiastical benefices payable by the clergy in Ireland, by whatsoever name the same are called, and by whatsoever right or title the same did or now may belong to the crown, or to the said trustees and commissioners, or any other person or persons : provided always, that nothing herein contained shall extend or be construed to extend to exonerate, acquit, or discharge, any persons, their heirs, executors, or administrators, from paying and satisfying all and every the arrears of first-fruits due or payable by them or any of them, or which may hereafter become due and payable by virtue of any writing obligatory, in force at or before the passing of this act, but that such arrears shall and may be recovered as hereafter provided. " XIV. And be it further enacted, that the said ecclesiastical commissioners shall make or cause to be made, and from time to time as they shall think neces- sary, amend or cause to be amended, a valuation, in which valuation allowance shall be made for the deduction hereinafter mentioned, of all and every the reve- nues, rents, farms, tithes, composition for tithes, estates, demesnes, glebe and other lands, offerings, emoluments, and all other profits, spiritual or temporal, appertain- ing or belonging, or that shall hereafter appertain or belong, to any archbishopric, bishopric, archdeaconry, deanery, prebend, cathedral church, collegiate church, spiritual corporations, aggregate or sole, parsonage not impropriate, vicarage, bene- fice, chauntry, free or other chapel, perpetual curacy, or any other benefice or office, or promotion spiritual, of what name, nature, quality, or description soever they be, within that part of the United Kingdom called Ireland, and shall have, take, levy, and receive therefrom and therout, from and after the times when the same shall severally become void next after the passing of this act, and for ever there • after, a yearly tax, rate, or assessment, computed and imposed upon such valuation, according to the several rates and scales specified and contained in the schedule (A) to this act annexed. " XV. And be it enacted, that the said yearly tax shall be paid hal£-yearly in equal moieties to the said ecclesiastical commissioners on each first day of July and first day of January, the first payment on account of such annual tax to be made from and out of each dignity, benefice, office, or promotion spiritual on the first day of July or first day of January, as may happen, next after the first day of May or the first day of November, as may happen, next after the consecration, installation, induc- tion, collation, investing, placing, election, or appointment of the persons succeed- ing thereto : provided always, that such person shall only be charged or chargeable in such first payment with a proportion of such tax, according to the term during which he shall have enjoyed or been entitled to the profits of such dignity, benefice, office, or promotion spiritual ; and provided further, that if any such dignity, benefice, office, or promotion spiritual shall remain void for any time after such days hereinbefore appointed for the payment of the said annual tax, the person succeeding thereto shall be charged and chargeable with all arrears thereof accruing due from and after the last avoidance thereof. " XVI. And be it enacted, that each and every dignity, benefice, or office, or promotion spiritual, shall be separately and distinctly rated, each in the proper diocese to which it may belong, wheresoever the possessions or profits to them respectively belonging shall happen to be locally situate ; and that in the case of any estate, tithes, funds, or other emoluments whatsoever distributable among the members of any corporation aggregate, under or by virtue of any law, statute, bye- law, or usage whatsoever, the said tax, rate, or assessment shall be imposed severally upon the separate share or income of each such member respectively, and that each such share or income shall be and become respectively charged therewith from and after the time when the member of such corporation now enjoying or entitled to such share or income shall die, or become disqualified, or in any manner cease to be a member of such corporation, and for ever thereafter. " XVII. Provided, and be it enacted, that no economy estate or fund appropri- ated to the purpose of repairing any cathedral or church, or other such like purpose, shall be liable to the said annual tax, rate, or assessment, save only so far as respects the surplus thereof, (if any,) which may be distributable among the dean and chap- Stat. 3 & 4 Gul. 4, c. 37. [IR.J Nothing herein to acquit per- sons of arrears. Commissioners to make a valuation of all livings, &c, and levy a yearly assess- ment there- from, subject to deduction mentioned hereafter; such assessment to commence from next avoidance. Tax, when to be payable. Tax, how to be imposed on dignities. Economy fund exempted from taxation. 1542 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gcl. 4, c. 37. [I*-] Spiritual per- sons to make a return of the annual value of their livings, &c; exclusive of glebe house or place of residence. Commissioners may issue a commission to make inquiries for the purpose of enabling them to form a valuation, and impose a rate. Oath to be taken by per- sons named in such commis- sion. Commissioners to make report; ter, or members of the ecclesiastical body to whom such economy estate or fund may belong. " XVIII. And be it further enacted, that in order to enable the said commis- sioners the better to compute and impose the said tax, rate, or assessment, according to the provisions of this act, every archbishop, bishop, archdeacon, dean, preben- dary, master, warden, parson, spiritual vicar, perpetual curate, and every spiritual corporation aggregate under its corporate seal, and every member of such a corpora- tion individually, and all and every other spiritual persons in Ireland, by whatever name or names they may be respectively called, known, or described, shall, on or before the first day of December, in the year one thousand eight hundred and thirty-three, and at all times thereafter, when and so often as they or any of them shall think fit, or shall be thereunto required by the said commissioners, return respectively to the said commissioners an account of the true and entire yearly value of such archbishoprics, bishoprics, and all other the spiritual promotions aforesaid, and all lands, tenements, hereditaments, and profits thereto respectively belonging, by them and each of them at the time of making such returns respec- tively held and enjoyed; and in case the value thereof shall be of a fluctuating nature, then such account shall state the average annual value commiinibus minis; such account of such value in either of the cases aforesaid to be exclusive of the see house or glebe house or offices, or other place of residence of or belonging to the same respectively : and shall therein also respectively specify all rents, synodals, or proxies, or other charges, (if any,) payable out of or in respect of the same, and also the amount of the sums, (if any,) expended in building or improving such see house, glebe house, or offices, or place of residence, by such spiritual person, or paid, or secured to be paid, or wherewith he shall be chargeable to his or their pre- decessors respectively, or his or their executors, administrators, or assigns ; distin- guishing the sums which are or shall be recoverable by such spiritual person as aforesaid from or against his successors from such sums as shall not be so recover- able ; and in case there shall be no see house or glebe house, or place of residence thereon or thereto belonging, then such account shall specify the annual rent paid or payable by such spiritual person for a house or place of residence occupied by him. " XIX. And be it further enacted, that the said ecclesiastical commissioners shall also have power and authority, when and as often as they shall so think necessary, to direct into any diocese in Ireland a commission under their corporate seal to the archbishop or bishop thereof, and such other person or persons, being members of the united church of England and Ireland, as the said commissioners shall think fit, commanding and authorizing the persons in such commission to be named, or two of them at the least, to examine, search, and inquire into, of, and for all such matters and things as ma}' be requisite and necessary in order to enable the said ecclesiastical commissioners under this act to form the said valuation, and impose the said rate, tax, and assessment, according to the provisions of this act, and authorizing and empowering some two or more persons to be named in such commission, separately, or in the presence of each other, to administer an oatli to each of the said persons therein named as aforesaid, to the effect following ; that is to say, " ' I, A. B., do swear, that I will well, diligently, and truly, according to the best of my skill and knowledge, do, fulfil, perform, and execute the several powers and trusts reposed in me by virtue of a commission issued pursuant to the provi- sions of an act passed in the fourth year of the reign of his majesty King William the Fourth, intituled, [here set forth the title of this act,] within the limits thereof, without favour or affection, prejudice, malice, or ill-will to any person whatever. So help me God.' " Which oath the said persons to be therein named shall take before they shall begin to execute their said commission ; and also directing and authorizing and em- powering the said persons in such commission so named, or two of them at the least, to return, under their hands and seals, to the commissioners appointed under this act, on a certain day to be named in the said commission, a true, just, and faithful STATUTA GULIELMI IV. A.D. 1830—1837. 1543 account and estimate of the said several matters and things in the said commission Stat. 3 & 4 so directed to be inquired of by them as aforesaid, and which return the said per- GuL- 4> c- 37. sons in such commission named are hereby required to make ; and the said persons to be therein named as aforesaid, or any two of them, shall likewise have power to to examine witnesses examine witnesses upon oath touching or concerning any of the matters or things so to be inquired of by them as aforesaid ; provided always, that the said ecclesias- Proviso as to tical commissioners under this act may at their discretion direct and order the costs costs of com- and expenses of issuing said commission, and of all the proceedings thereunder, or misslon- any part thereof, to be paid and borne, in such shares or proportions as the said commissioners shall think fit, by such archbishop, bishop, archdeacon, dean, pre- bendary, parson, vicar, or other spiritual person aforesaid, of and into the revenues, rents, issues, and profits of whom such commission shall be issued to inquire and examine as aforesaid ; and which costs and expenses, when so ordered to be paid as aforesaid, shall and may be recovered in the manner hereafter directed and men- tioned with respect to the said annual tax ; provided always, that no such archbi- shop, dignitary, or spiritual person shall be required to pay the costs or expenses of any such commission, or any part thereof, unless the valuation of the revenues, issues, and profits to him belonging shall exceed the amount thereof as stated in the last previous return thereof by him made in the proportion of ten pounds per centum. " XX. Provided, and be it enacted, that in and from the valuation to be made Certain sums for the purpose of imposing the said rate, tax, or assessment, the said commis- chargeable on sioners shall from time to time deduct and allow all rents, synodals, proxies, and {j^^' other charges, including salaries or stipends for perpetual curates or licensed assist- from the ant curates of any benefice the incumbent whereof shall be resident in any such valuation, benefice, which any such spiritual person or persons as aforesaid, chargeable with the said annual tax, is or are bound to pay or allow in respect of his or their arch- bishopric, bishopric, archdeaconry, deanery, prebend, benefice, or other promotion spiritual as aforesaid ; and in case there shall be no see house or glebe house or place of residence thereon or thereto respectively belonging, then that the said ecclesiastical commissioners shall deduct and allow such sum as shall appear to be the annual rent or value of the house or place of residence occupied by each such spiritual person, or such lesser sum as the said ecclesiastical commissioners shall in their discretion think fit ; and in case any such spiritual person so chargeable as aforesaid shall have expended or laid out in building or improving any house, offices, or place of residence as aforesaid, or shall have paid or secured, or shall be chargeable with to his or their predecessors respectively, or his or their respective executors, administrators, or assigns, any sum or sums of money on account of money laid out or expended theretofore on any such buildings or improvements, then in every such case the said ecclesiastical commissioners shall from time to time, in and from such valuation, deduct and allow, on account thereof, in the following manner and according to the following rate ; (that is to say,) the annual sum or allowance of ten pounds in the hundred for all and every the sum or sums so expended or laid out in such building or improvement, or paid or secured to be paid, or with which such person as aforesaid shall be chargeable to his predecessor or his executors," administrators, or assigns, as the case may be, on account of money so theretofore laid out or expended on such building or improvement as aforesaid, and which shall not be by law recoverable by such person, his executors administrators, or assigns, from or against his successor ; and the annual sum or allowance of five pounds in every hundred for all and every the sum or sums so expended or laid out, or paid or secured to be paid, or wherewith any such person shall be chargeable to his predecessors, or his executors, administrators, or assigns, as aforesaid, on account of money so theretofore laid out or expended as aforesaid, as the case may be, and which shall be by law recoverable by such person, hi executors, administrators, or assigns, from or against his successors. "XXI. Provided always, and be it further enacted, that the said ecclesiastical Xo sums shall, commissioners shall not, from or in such valuation, deduct or allow for any sum or be deducted sums of money so laid out or expended, or paid or secured to be paid, or where- unless men* 1544 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*.] tioned in certificate. For enforcing payment of rates or as- sessments. Priority ot sequestrations under this act. If incumbent die before gale day, tax to be apportioned. with any of the persons aforesaid shall or may be chargeable as aforesaid, unless such sum and sums shall be contained, included, and mentioned in the certificate of the lord lieutenant or other chief governor or governors of Ireland, or of the archbishop or bishop of the province or diocese respectively, as the case may be, in such cases given or directed to be given, under or by virtue of any statute now or heretofore in force in Ireland, in order to enable any archbishop, bishop, or other of the persons aforesaid to recover against his successor the sums above mentioned, or any of them, or any part thereof. " XXII. And be it further enacted, that if the said tax, rate, or assessment, or any part thereof, payable by any body or person, shall be in arrear and unpaid more than a reasonable time after the same shall have been demanded by or on the part of the commissioners under this act, it shall and may be lawful for such com- missioners in every such case to apply to the court of Chancery or Exchequer in Ireland, by petition in a summary way, for relief in that behalf ; and such court shall and may, on the hearing of such petition, and upon the production of a certi- ficate under the corporate seal of such commissioners, of such tax being in arrear and unpaid as aforesaid, in a summary way, with or without reference to any master or other officer of the said court, order process of sequestration, (after hearing such matters, if any, as may be alleged in answer to such application, by affidavit or otherwise, upon a day to be fixed for that purpose,) to issue out of said court, directed to sequestrators to be named by or on behalf of such commissioners, authorizing and requiring such sequestrators forthwith to enter into the possession of and take and receive the rents, issues, and profits of all and every the lands, tenements, and hereditaments of or belonging to any such body or person in his or their ecclesiastical capacity or character, and all and every the tithes, moduses, compositions for tithes, salaries, stipends, fees, and all other ecclesiastical emolu- ments and profits whatsoever of or belonging to the same respectively, or such part or parts thereof as to the said court shall seem fully sufficient for the purpose, and to pay over the same to such commissioners, until they shall have been fully paid and satisfied the said yearly tax and every part thereof which shall be then, or which shall at any time pending such sequestration, remain or become due and payable, together with lawful interest for the same from the time when every such sum or sums ought respectively to have been paid, and all costs and charges and expenses whatsoever attending such petition and sequestration as aforesaid ; and it shall and may be lawful for the said court to proceed against all persons diso- beying or opposing such process, or in any manner hindering or preventing the due execution thereof, and to act in all matters connected with and consequent upon such sequestration in the same manner as in other cases in which seques- trations are or shall be issued out of the said court pursuant to the orders of the said court. " XXIII. Provided always, and be it further enacted, that any sequestration issued pursuant to the provisions of this act shall be preferred, and the said com- missioners under this act shall be paid and satisfied the sum and sums to be reco- vered thereby, and every part thereof, in preference to any other person or persons whatsoever, notwithstanding any sequestration, judgment, execution, or other process whatsoever issued or begun for such other person or persons ; anything herein or in any other law or statute contained to the contrary hereof notwith- standing. " XXIV. Provided always, and be it further enacted, that if any archbishop, bishop, or other person charged or chargeable with the payment of said yearly tax shall happen to die, or be lawfully evicted, translated, promoted, removed, or put from his dignity, benefice, office, or promotion spiritual, before any one of the gale days hereby appointed for the payment of the said tax, then such archbishop, bishop, or person, or his executors or administrators, as the case may be, shall only be charged and chargeable with a proportion of such tax, according to the time he may have been entitled to or enjoyed the profits of such dignity, benefice, perpetual curacy, or office, or promotion spiritual as aforesaid ; and the successor to such dignity, benefice, office, or promotion spiritual shall become liable to the STATUTA GULIELMI IV. A.D. 1830—1837. 1545 residue of such tax accruing due on such gale day ; and provided further, that in any case in which it shall be made to appear to the satisfaction of the said commissioners that any spiritual person chargeable with the said tax shall not have received the profits of the dignity, benefice, perpetual curacy or office, or promotion spiritual, in respect whereof he may be so chargeable, then and in such case it shall be lawful for the said commissioners to extend the time for the payment of such tax until such profits shall be received, or in case such spiritual person shall die, or be removed, or promoted from his dignity, benefice, perpetual curacy, or office, or promotion spiritual as aforesaid, without being entitled to receive any of such profits, then and in such case to charge and recover the same of and from his successor therein whenever such successor shall have received the said profits; anything hereinbefore contained to the contrary notwithstanding. " XXV. And be it further enacted, that the proportion of said annual tax due on the death of any archbishop, bishop, or other person as aforesaid, shall be deemed and taken to be and shall rank as a judgment debt of such deceased archbishop, bishop, or person as aforesaid, and be paid as such, as if a judgment had been duly acknowledged by or entered against him during his lifetime by the said commis- sioners for the amount of said tax which shall be so due as aforesaid, and immedi- ately after all other bond fide judgments, crown bonds, and recognizances entered up against, acknowledged, or executed by him during his lifetime. " XXVI. And be it further enacted, that the said commissioners under this act shall be deemed and taken to be, in every ecclesiastical court in the United King- dom, judgment creditors of any archbishop, bishop, or other such person as aforesaid chargeable with any arrears of said annual tax ; and in case the executors, or next of kin, or residuary legatees of such archbishop, bishop, or other person as aforesaid shall refuse or neglect to take out probate or letters of administration to him, the said commissioners shall be entitled to have administration of his goods and chat- tels, rights and credits, granted or committed unto their nominee or nominees in such manner and form, but subject to the same regulations as far as may be, as and under which administrations are usually granted to creditors of other deceased per- sons, notwithstanding that no affidavit or other evidence shall be made or given in or to such ecclesiastical court of any debt being actually due to such commis- sioners : provided always, that a certificate under the corporation seal of the said commssioners shall be produced to such ecclesiastical court, alleging that a debt on account of arrears of said annual tax is due to such commissioners, and that they require such administration to be granted to the person to be therein named. " XXVII. And be it further enacted, that the several archbishops and bishops of Ireland shall, from and after the passing of this act, on the first day of November and first day of May in every year, or at farthest within fourteen days after, make returns to the said commissioners of all, how many, and what archdeacons, deans, provosts, masters, wardens, prebendaries, rectors, parsons, vicars, perpetual curates, incum- bents, or other spiritual persons, by whatever name called, known, or described, have been installed, admitted, instituted, collated, or inducted (and of and on whose gift, grant, or presentation such installation, admission, institution, or induction has taken place,) into dignities, benefices, curacies, chapelries, offices, or promotions spiritual, by whatever name called, known, or described, as aforesaid, and by what names and surnames they were so installed, admitted, instituted, collated, or inducted, and each of them were singly and separately called and known by, together with the day and year of the installation, admission, institu- tion, collation, or induction of each of them, and in what county and counties within their respective diocese or dioceses and jurisdictions such archdeaconries, deaneries, prebends, rectories, parsonages, vicarages, curacies, chapelries, or other dignities, benefices, or offices, or promotions spiritual, by whatever name called, known, or described, be and are situated, to the dates of the said respective returns. " XXVIII. And be it further enacted, that all and every the powers and autho- rities, provisions, regulations, forfeitures, clauses, matters, and things in this act contained, in relation to bishops in their dioceses, shall extend and be construed to Stat. 3 & 4 Gul. 4, c. 37. [I*.] If incumbent receive no profits of his preferment, the payment of tax to be delayed or charged on his successor. Arrears of tax due on death of such person to rank as a judgment debt. Nominee of commissioners to be entitled to administra- . tion. Archbishops and bishops to return promo- tions, &c. Provision for cases where archbishops are also bi- shops, &c. 1546 STATU T A GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37- [I*.] Jurisdiction of bishops in peculiars. United bene- fices to be taxed singly. Benefices annexed to be valued sepa- rately. When a bi- shopric is void, who shall execute powers of this act. When arch- bishopric of Dublin void, who shall execute powers of this act. Bishoprics in the first column of the schedule (B) to this act annexed, to be united to extend to the archbishops in the respective dioceses of which they are bishops, and also in their* own peculiar jurisdictions, as fully and effectually as if the arch- bishops were named with the bishops in every such case. " XXIX. And be it further enacted, that every archbishop and bishop within the limits of whose province or diocese respectively any benefice or office or promo- tion spiritual, by whatever name called, known, or described respectively, exempt or peculiar, shall be locally situate, shall have, use, and exercise all the powers and authorities necessary for the due execution by them respectively of ail the purposes and provisions of this act, and for enforcing1 the same with regard thereto respectively, as such archbishop and bishop respectively would have used and exercised if the same were not exempt and peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop ; and where any benefice or promotion spiritual as aforesaid, exempt or peculiar, shall be locally situate within the limits of more than one province or diocese, or where the same or any of them shall be locally situate between the limits of any two or more such dioceses, the archbishop or bishop of the cathedral church to whose province or diocese the parish church of the same respectively shall be nearest in local situa- tion shall have, use, and exercise all and every the powers and authorities which are necessary for the due execution of the provisions of this act, and enforcing the same with regard thereto respectively, as such archbishop or bishop would have used and exercised if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop respectively, and the same, for all the purposes of this act, shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop : provided that the peculiars belonging to any archbishopric or bishopric, though locally situate in another diocese, shall continue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesiastical jurisdiction. " XXX. And be it enacted, that where any two or more dignities, benefices> vicarages, or perpetual curacies shall be held by one incumbent, that the same shall be valued and taxed as a single benefice ; provided always, that in case any dignity or benefice be attached or annexed to or held together with any archbishopric or bishopric, such dignity or benefice, and such archbishopric or bishopric, shall be separately valued and taxed according to the respective scales contained in the sche- dules to this act annexed, and as if such benefice or dignity, and such archbi- shopric or bishopric, were held and enjoyed by several persons. " XXXI. And be it further enacted, that whensoever and as often as any of the archbishoprics or bishoprics in Ireland shall happen to be void, that then the dean of the cathedral church where the see of such archbishopric or bishopric being void shall happen to be, or the vicar-general of the diocese, being in holy orders, or any archdeacon of the diocese, according to the direction or order of the said com- missioners, to be made or given in writing under the seal of the said commissioners, shall, during the vacancy thereof, be charged and chargeable, and is hereby required to do or cause to be done all and every thing and things for the due execution of this act, within the diocese of such archbishopric or bishopric, as the same arch- bishop or bishop of the see being void should have done, according as it is limited and appointed by this act, or by anything herein contained ; provided always, that during the vacancy of the archbishopric of Dublin it shall be lawful for the said commissioners to order, direct, and appoint the Dean of Saint Patrick's, or the vicar-general of such diocese, being in holy orders, or Archdeacon of Dublin, to do and perform all and every the matters and things for the due execution of this act within such diocese as such archbishop should have done, according as it is limited and appointed by this act, or anything herein contained. " XXXII. And whereas his majesty has been graciously pleased to signify that he has placed at the disposal of parliament his interest in the temporalities and custody thereof of the several bishoprics and archbishoprics mentioned in this act and the schedule (B) thereto annexed ; be it therefore enacted, that the bishopric of Waterford, now void, shall from and after the passing of this act, and the other STATUTA GULIELMI IV. A.D. 1830—1837. 1547 bishoprics named in the first column of the schedule (B) to this act annexed shall, when and as the same may severally become void, be thenceforth united to and held together with the bishopric or archbishopric mentioned in conjunction there- with respectively in the second column of the said schedule (B) ; and that the archbishops or bishops of the archbishoprics or bishoprics in such second column named shall, at such times respectively as before mentioned, be and become, by virtue of this act, and without further grant, installation, or ceremony whatsoever, bishops respectively of the said bishoprics named in such first column in conjunc- tion therewith, and shall have and exercise all and every the ecclesiastical patro- nages and jurisdictions in appointing, collating, and presenting to all and every the dignities, rectories, vicarages, curacies, chapeiries, or other offices or promotions, and all other jurisdictions whatsoever, by whatever name called, known, or de- scribed, lawfully had, used, exercised, and enjoyed by the respective bishops of the said bishoprics in the first column of the said schedule (B) named, as also the right of nominating and appointing to all and every the offices of chancellor, vicar- general, official, principal registrar, and all other ecclesiastical offices of or belong- ing or appertaining to such last-mentioned bishoprics respectively ; and his most excellent majesty, his heirs and successors, shall at all times thereafter grant each such bishopric in the first column of the said schedule (B) named, together with the bishopric or archbishopric to which it may have been united in manner afore- said, to be held by one and the same person. " XXXIII. Provided always, and be it further enacted, that if any bishopric mentioned in the second column of the said schedule (B) shall become void before the union of such bishopric with the bishopric mentioned in the first column of the said schedule, then the bishop of the bishopric mentioned in the first column shall become, by virtue of this act, and without further grant, installation, or ceremony whatever, bishop of the bishopric in such second column named in conjunction therewith, and shall have and exercise all powers and authorities of the bishop of such united bishoprics ; provided always, that nothing herein contained shall authorize or empower any bishop of a bishopric mentioned in the first column of the said schedule as hereafter to be united to the dioceses of Armagh or of Dublin, to become, by virtue of this act, Archbishop of Armagh or of Dublin. " XXXIV. Provided also, and be it further enacted, that it shall and may be lawful for the Archbishop of Armagh and Archbishop of Dublin, and they are hereby required, to select from and out of the benefices belonging to each of the bishop- rics in the first column of the said schedule (B) mentioned, and now in the gift or collation of the respective bishops thereof, one benefice not exceeding the annual value of one thousand pounds, and to return a list of the several benefices so selected, under their episcopal seals, to the said lord lieutenant or other chief governor or governors of Ireland, and his majesty's privy council there, for their approval, and when approved by the said lord lieutenant or other chief governor or governors and council, such list shall be registered in the rolls office of his majesty's court of Chancery in Ireland, together with such approval ; and upon each and every avoidance of the said benefices so selected happening from time to time after the said bishoprics to which the same may respectively belong shall have become united to any other bishoprics by virtue of this act, it shall and may be lawful for the said Archbishop of Armagh and Archbishop of Dublin to nominate and present to each such benefice one of the fellows or ex-fellows of the college of the Holy and Undivided Trinity, near Dublin, being in holy orders ; provided always, that in case the said two archbishops shall not be able to agree in such nomination and appointment, or shall decide upon the person to be appointed to the said vacant benefice, the first turn therein to be exercised by the Archbishop of Armagh, and if on the vacancy of any of the said benefices so selected as aforesaid, the said arch- bishop shall not present thereto some such fellow or ex-fellow within such period as any patron ought to present to a benefice in his gift or presentation, then and in such case the right of presentation or collation to such benefice shall, for that turn, devolve to the bishop of the diocese, and be in all respects subject to the ordi- nary law of lapse ; provided always, that until the said bishoprics shall have become Stat. 3 & 4 Gul. 4, c. 37. Elm.] the bishoprics named in the second column, &c. If bishopric in second column ofschedule(B) becomes void before union of such bishopric in first column., then such bishop to be bishop of such bishonric. Archbishops of Armagh and Dublin em- powered to present a fellow of Trinity college to a benefice, to be selected as herein men- tioned. Proviso in Ci of disagree- ment of the archbishops. Fellow so 1548 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [IB.] elected, to vacate his fellowship. Commissioners to make good deficiencies happening to bishops by the union of bishoprics. Temporalities of bishoprics in first column of the said schedule (B) vested in the commissioners under this act. Arrears of rent, &c. since death of Bishop of Waterford to be recovered by commis- sioners. Commissioners to pay sums charged on bishopric of Waterford to executors of deceased. united to any other bishoprics under the provisions of this act, nothing herein con- tained shall alter or affect the right of presentation or collation to any of the bene- fices so selected as aforesaid, as at present enjoyed or possessed; and provided further, that any fellow of the said college who shall accept any such benefice shall vacate his fellowship at such time and in such manner as according to any statute, bye law, or usage of the said college, fellowships are vacated upon the acceptance of any living in the gift or disposal of the said college. " XXXV. Provided also, and be it further enacted, that the said ecclesiastical commissioners under this act shall, from and out of the revenues of each bishop- ric in the first column mentioned, when and as the same shall become vested in them, make good to the bishop thereof becoming, by virtue of the provision hereinbefore contained, bishop of the bishopric mentioned in conjunction there- with in the second column of the said schedule, the sum or sums of money, (if any,) whereby the revenues of such bishopric in such second column men- tioned shall fall short of the revenues of such bishopric in such first column mentioned. " XXXVI. Provided nevertheless, and be it enacted, that all and singular the lands, tenements, and hereditaments respectively belonging or in anywise apper- taining to the bishoprics in the first column of the said schedule (B) named, together with all and singular the tithes, rents, and emoluments whatsoever, to such bishoprics respectively appertaining or belonging, shall, in the case of the said bishopric of Waterford, from and after the passing of this act, and in the case of the other bishoprics in the said schedule (B) mentioned, shall, from and after the times when such bishoprics shall become respectively void or united to any other bishopric as aforesaid, be and the same are hereby transferred to and vested in the said ecclesiastical commissioners and their successors for ever, subject however to all leases, rents, charges, and incumbrances, now or at the time of such transfer legally affecting the same, save and except the annual tax, rate, or assessment by this act authorized to be imposed and levied ; and that all the rents, revenues, issues, profits, and other emoluments in any manner arising or accruing to the said commissioners and their successors, from or out of any of the said bishoprics shall be received and applied by such commissioners and their successors to, for, and upon the several trusts, uses, and purposes in this act mentioned, and subject to and under the like rules and regulations as are herein declared and expressed of and concerning the said annual tax vested in and made payable to the said commis- sioners and their successors. " XXXVII. And be it further enacted, that all arrears of rent and other tem- poral profits and emoluments which have accrued due for or in respect of the see of Waterford since the said bishopric of Waterford has become void, shall by virtue of this act, and without any writ of restitution or other process whatever, be in like manner transferred to and vested in the said commissioners, to, for, and upon the like trusts, uses, and purposes, and subject to the like rules and regulations as aforesaid ; and that the said commissioners shall and they are hereby authorized and empowered, either by action of covenant or debt, or by action on the case, as for use and occupation, to sue for and recover all and every the arrears of rent due, or which shall have accrued or become due since the death of the said late Bishop of Waterford ; and that it shall and may be lawful for the said commissioners, and they are hereby authorized and empowered, to distrain for such arrears and every part thereof, and shall and may avow generally for the same. " XXXVIII. And provided also, and be it further enacted, that the said com- missioners shall, and they are hereby required and directed to pay and satisfy the executors or administrators or assigns of Doctor Richard Bourke, late Bishop of Waterford, by such instalments, to be made in such manner and at such periods from and after the passing of this act, as any successor to such bishopric then appointed would have been bound or liable if any such successor had been appointed on or before the first day of January, one thousand eight hundred and thirty-four, all and every such sum and sums of money which, pursuant to any law or statute in force in Ireland at the passing of this act, could or might have been recovered by STATUTA GULIELMI IV. A.D. 1830-1837. 1549 Stat. 3 & 4 Gul. 4. c. 37. [I*.] Commissioners shall pay sums charged on bishoprics Commissioners may demise see houses of bishoprics be- coming vacant. such executor or administrator from or against the successor of the said late Bishop of Waterford, in case this act had not been passed ; and provided further, that the said commissioners shall by such instalments, to be made in such manner and at such periods from and after such respective vacancies of the other bishoprics, save and except the bishoprics of Ossory and of Cork and Ross, named in the first column of the schedule (B) to this act annexed as aforesaid, or from and after the annexation thereof to any other bishopric under provisions hereinbefore contained, hereafter to be as any successors thereto would have been respectively bound or liable if such sue- suppressed, cessors had been appointed, pay to and satisfy the person or persons, or his or their respective executors, administrators, or assigns, as the case may be, by whose pro- motion or death such vacaney shall have occurred or been occasioned, or who shall become the bishop of any united bishoprics, all and every such sum and sums of money as by force of any law or statute, or usage, has or have heretofore been charged upon the said other bishoprics upon the same becoming void respectively, and which would have been payable to and recoverable by such persons respec- tively, or their respective executors, administrators, or assigns, from or against their respective successors in such bishoprics, in case this act had not been made. «« XXXIX. And be it further enacted, that in the case of the said bishopric of Waterford, it shall and may be lawful for the said commissioners from and after the passing of this act, and in the case of the other bishoprics named in the first column of the schedule (B) to this act annexed, save and except the bishoprics of Ossory and of Cork and Ross, it shall and may be lawful for such commissioners at and after such times as the said bishoprics shall become respectively vacant, or united to any other bishopric or archbishopric as aforesaid, and such commissioners are hereby empowered, by and with the consent of the lord lieutenant or other chief governor or governors in Ireland, to be testified in writing under his or their hand or hands, to demise for any term of lives or years, or lives and years, with a covenant to make void the said demise in case of assigning or subletting, and for such rent or fine as shall be specified in and by such consent as aforesaid, the see house and offices, and all or any part of the mensal or demesne lands of or belong- ing to the said bishopric of Waterford, or to the said other bishoprics, save as aforesaid : provided always, that if the bishop for the time being of the bishopric to which such bishopric of Waterford, or such other bishopric, save as aforesaid, shall be united by virtue hereof as aforesaid, do and shall, with and by the like consent as aforesaid, to be testified as aforesaid, elect and choose the see house of such bishopric of Waterford, or such other bishopric, save as aforesaid, to be and continue for ever to be the see house of such united bishopric, it shall not be law- ful for the said commissioners so to demise the said see house and offices so selected and chosen as aforesaid, nor the mensal or demesne lands thereof or thereto respec- tively belonging ; and in such case it shall be and become lawful for the said com- missioners, and they are hereby empowered, by and with the like consent as afore- said, to be testified as aforesaid, to demise, in like manner and upon the like terms as aforesaid, the see house and offices of the bishopric to which such bishopric of Waterford, or such other bishopric, save as aforesaid, shall be united as aforesaid, by virtue of this act, together with any part of the mensal or demesne lands thereof or thereto respectively belonging, instead of the see house and mensal or demesne lands of such bishopric of Waterford or other bishoprics so respectively becoming vacant, or united to any other archbishopric or bishopric, save as aforesaid. "XL. Provided always, and be it enacted, that if such consents as aforesaid be not recited in the (respective deeds of demise aforesaid, and if the said deeds of demise do not contain such covenant as aforesaid against assigning or subletting, or be not respectively executed by the said commissioners in the manner herein- before directed as to the execution of deeds by said commissioners, and the said bishops of the bishoprics which shall become united in manner aforesaid, for the time being respectively, that then the said demises shall be respectively null and void to all intents and purposes whatsoever. " XLI. And be it further enacted, that it shall be lawful for the said commis- sioners, when and so soon as the said bishopric of Ossory and bishopric of Cork Bishoprics now and to be vacant. Recitals and parties neces- sary to deeds of demise of see houses. When bi- shopric of Ossory and 1550 STATU T A GULIELMI IV. A.D. 1830-18,37. Stat. 3 & 4 Gul. 4, c. 37. [IR.] bishopric of Cork and Ross shall be united to Ferns and Leighlin and to Cloyne re- spectively, the see houses, &c. of Ferns and Leighlin and of Cloyne shall be sold or exchanged. Application of rents and fines. Notwithstand- ing preference of the new see house, the sums payable in respect of see house by the successors to continue le. Providing for payment of the liabilities upon the several bishoprics of Ferns, &c. after their Leasing powers granted to commissioners with respect to bishoprics vested in them by the provi- sions of this act. and Ross shall be, under the provisions of this act, united to the bishoprics of Ferns and Leighlin and of Cloyne respectively, in like manner to demise, with the like consent and subject to the same covenants as aforesaid, the see houses and offices and all or any part of the mensal or demesne lands of or belonging to the said bishoprics of Ferns and Leighlin and of Cloyne respectively ; and the see houses and offices and mensal or demesne lands to the said bishoprics of Ossory and Cork and Ross respectively belonging shall be and become thenafter the see houses, offices, and mensal or demesne lands of such united bishoprics of Ossory and of Ferns and Leighlin and of Cork and Ross and of Cloyne respectively. "XLII. And be it further enacted, that the fines arising or to arise from such demises as aforesaid, together with the rents to be thereby respectively reserved, shall be applied and disposed of by said commissioners for the several purposes, and subject to the like rules and regulations, as are herein mentioned with respect to the said annual tax hereby vested in and made payable to said commissioners. "XLIII. Provided, and be it further enacted, that all and every the sum and sums of money which, pursuant to any law or statute in force in Ireland, would or might have become payable by or recoverable against the successor or successors in the bishopric or archbishopric to which any see house and offices so demised, pur- suant to such choice and selection as aforesaid, may have theretofore belonged, shall be and become and remain payable by and recoverable against such successor or successors therein notwithstanding the selection or choice of any other see house under the provision hereinbefore contained, and as if such see house so demised had continued to be the see house of such bishopric. " XLIV. And be it further enacted, that the said commissioners shall, by such instalments, to be made in such manner, and at such periods from and after the respective periods when the bishopric of Ferns and Leighlin shall become united to the bishopric of Ossory, and the bishopric of Cloyne united to that of Cork and Ross, as any successors thereto would have been respectively bound or liable if such successors had been appointed, pay to the persons or their representatives by whose promotion or death, or who shall become the bishops respectively of such united bishoprics, all and every such sum or sums of money as would have been payable by or recoverable against the several successors in the said bishopric ( of Ferns and Leighlin and bishopric of Cloyne respectively in case this act had not been passed ; and the bishops of such united bishoprics of Ferns and Leighlin and of Ossory shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishopric of Ossory would have been in case this act had not been passed ; and the bishops of such united dioceses of Cloyne and of Cork and Ross shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishopric of Cork and Ross would have been in case this act had not been passed : provided that nothing herein contained shall, in the event of the now Bishops of Ossory and of Cork and of Ross becoming respectively bishops of such united bishoprics, alter or affect the liabilities to them respectively of their successors. "XLV. And be it further enacted, that the said commissioners shall have all such and the like powers of granting, conveying, exchanging, leasing, and demising all or any part of the lands, tenements, and hereditaments, and possessions (save and except the see houses, offices, and mensal or demesne lands hereinbefore pro- vided for,) of or belonging or appertaining to the said bishopric of Waterford, or to the said other bishoprics in the first column of the said schedule mentioned respec- tively, when the same shall, pursuant to the provisions of this act, be respectively vested in the said commissioners, as the bishops thereof have respectively heretofore had and enjoyed by virtue of any law in force at the passing of this act ; and that all and every act or acts enabling such bishops respectively to grant, convey, exchange, lease, or demise such lands, tenements, or hereditaments, and possessions as aforesaid, or any part thereof, or disabling or distraining them respectively from so doing, shall apply and be construed to apply and extend to the said commis- sioners as if they had been named in such act or acts, and as if the provisions of such act or acts had been herein expressly re-enacted, subject always to the provi- STATUTA GULIELMI IV. A.D. 1830-1837. 1551 sions hereinafter contained with respect to the renewal of any lease or leases heretofore made of such lands, tenements, and hereditaments, and the grants of perpetuities therein. " XLVI. And be it further enacted, that when and as the now archiepiscopal sees of Tuam and Cashel shall become severally void, the Bishops of Tuam and Cashel shall thenceforth for ever respectively cease to have or exercise archie- piscopal jurisdiction within the said provinces of Tuam and Cashel ; and all such archiepiscopal jurisdiction as may have theretofore belonged to and been exercised by the Bishop of Tuam shall be transferred to and vested in the Archbishop of Armagh for the time being, and all such archiepiscopal jurisdiction as may have theretofore belonged to and been exercised by the Bishop of Cashel shall be trans- ferred to and vested in the Archbishop of Dublin for the time being ; and the Bishops of Tuam and Cashel shall, as well as the other bishops of the said pro- vinces of Tuam and Cashel, be subject to the archiepiscopal jurisdiction of the said Archbishops of Armagh and Dublin respectively; and the said Archbishops of Armagh and Dublin, and their successors respectively, shall have, use, and exer- cise, without further grant, installation, or ceremony whatsoever, all and singular the metropolitan rights, privileges, franchises, duties, powers, and authorities theretofore exercised or which might have been exercised within the said pro- vinces of Tuam and Cashel respectively: provided always, that nothing herein contained shall in any respect abridge or affect the jurisdiction, privileges, rights, or authority of the Archbishop of Armagh as primate of all Ireland. " XLVII. And be it enacted, that when and so soon as the now archiepiscopal see of Tuam shall become void, the bishopric of Ardagh, now held therewith, shall be united to and held together with the bishopric of Kilmore, and that the then Bishop of Kilmore shall be and become, by virtue of this act, and without further grant, intsallation, or ceremony whatsoever, Bishop of Ardagh, and have and exer- cise all and every the ecclesiastical patronages and jurisdictions in appointing, collating, and presenting to all and every the dignities, rectories, vicarages, curacies, chapelries, or other offices or promotions, by whatever name called, known, or described, heretofore lawfully had, used, exercised, and enjoyed by the Archbishop of Tuam (1) as Bishop of Ardagh, as also the right of nominating and appoint- ing to all and every the offices of chancellor, vicar- general, official, principal registrar, and all other ecclesiastical offices of or belonging to the said bishopric of Ardagh ; and his most excellent majesty, his heirs and successors, shall at all times thereafter grant, to be held by one and the same person, the said bishoprics of Kilmore and Ardagh, together with such other bishopric as shall under the provi- sions of this act be appointed to be held together with such bishopric of Kilmore. " XLVIII. Provided always, and be it enacted, that all and singular the lands, tenements, and hereditaments, together with all and singular the tithes, rents, and emoluments, to the said bishopric of Ardagh appertaining and belonging, shall, from and after the time when the said now archiepiscopal see of Tuam shall become void as aforesaid, be and the same are hereby transferred to and vested in the said ecclesiastical commissioners and tneir successors for ever, to and for the like trusts, uses, and purposes, with the like powers, and subject in all respects to such and the like charges, conditions, and regulations, as hereinbefore provided in respect of the bishoprics mentioned in the first column of the said schedule (B) to this act annexed. " XLIX. And be it enacted, that all and singular the lands, tenements, and hereditaments, with all and singular the tithes, rents, and emoluments whatsoever, appertaining or belonging to the preceptory of Tully or deanery of Christ Church' heretofore held and enjoyed in commendam or otherwise by the Bishop of Kildare for the time being, as Dean of Christ Church, or by whatever other title, shall be deemed and taken to be, for the purposes of this act, part of the lands, tenements, Stat. 3 & 4 Gul. 4, c. 37. [I*.] Archbishoprics of Cashel and Tuam annexed to Armagh and Dublin respectively. Bishoprics of Kilmore and Ardagh united. Temporalities of Ardagh vested in the commissioners under this act. TemporalitiVs of the deanery of Christ Church to be deemed part of the temporali- ties of the (1) Archlishop of Tuam:— A. testator ap- pointed the Archbishop of Tuam for the time being an executor of his will ; the archiepis- copal jurisdiction of Tuam having been abo- lished by Stat. 3 & 4 Gul. 4, c. 37; probate was granted to the Bishop of Tuam as ex- ecutor. In the goods of William Hapies, 3 Curt. 75. 1552 STATUTA GULIELMI IV. A.D. 1830—1807. Stat. 3 & 4 Gul. 4, c. 37. [I*.] bishopric of Kildare. Dean of St. Patrick's to be Dean of Christ Church. Patronage of Dean of Christ Church to vest in Archbishop of Dublin. Rotation of archbishops sitting in parliament. 39 & 40 Geo. 3, c. 67. Rotation of bishops. Saving of former pro- visions. and hereditaments, tithes, rents, and emoluments, appertaining and belonging to the said bishopric of Kildare, and be in like manner and time transferred to and vested in the said ecclesiastical commissioners and their successors, and in all respects subject to such and the like provisions. " L. And be it further enacted, that the said deanery of Christ Church shall, from and after the next avoidance thereof, be united to and held together with the deanery of Saint Patrick's; and that the then dean of the cathedral of Saint Patrick's in the archdiocese of Dublin shall, and his successors for ever shall be and become, by virtue of this act, and without further grant, installation, election, or other ceremony whatsoever, Dean and Deans of Christ Church for ever, and have and exercise all and every the rights, privileges, jurisdiction, and authority appertaining to the said deanery of Christ Church, heretofore lawfully had, used, and enjoyed by the deans thereof : provided nevertheless, that all and every the ecclesiastical patronage in appointing or presenting to benefices now belonging, in his sole and separate right, to the Dean of Christ Church, shall, from and after the next avoidance of such deaneiy, vest in and be exercised by the Archbishop of Dublin and his successors for ever. " LI. And whereas an act was passed in the parliament of Ireland in the fortieth year of the reign of his majesty King George the Third, intituled, 4 An Act to regulate the Mode by which the Lords Spiritual and Temporal, and the Commons, to serve in the United Kingdom on the Part of Ireland, shall be summoned and returned to the said Parliament ;' and the said act of the parliament of Ireland was incorporated into and made part of an act passed in the parliament of England in the same year, intituled, ' An Act for the Union of Great Britain and Ireland f and by force of the said two acts the right of sitting in the house of lords of the united parliament, as between the lords spiritual of Ireland, stands regulated accord- ing to a certain rotation by the said acts appointed to take place among the archie- piscopal sees, from session to session, and according to another like rotation appointed to take place among the episcopal sees; and whereas the enactments hereinbefore made for reducing the number of the archiepiscopal sees in Ireland, and for the union of certain of the episcopal sees, render it necessary to make pro- vision so as to accommodate the said rotation to such enactments ; be it therefore enacted, that when and as the now archiepiscopal sees of Cashel and Tuam shall severally become void, they and each of them respectively shall thenceforth cease to be included in the rotation by the said acts established amongst the archiepis- copal sees, and shall be included in the rotation by the said acts established to be observed amongst the episcopal sees, and therein take place next before the epis- copal see last in the order of rotation of the episcopal sees the bishops whereof may have sat in parliament for the session last previous ; and the rotation by the said acts appointed to take place amongst the archiepiscopal sees shall, in case of each such avoidance as aforesaid, proceed to the archbishop whose see is next in rotation to the archiepiscopal see becoming void as aforesaid. " LII. And be it further enacted, that in the case of the bishopric of Water- ford, now void, and in the case of each and singular of the other bishoprics named in the first column of the schedule to this act annexed, when and as they shall become respectively void, or united to any other bishopric, the rotation by the said recited acts appointed to take place among the episcopal sees shall proceed to the bishop whose see is next in rotation to the said see of Waterford or o?her see being or becoming void, or united to any other bishopric as aforesaid ; and such see of Waterford, or other see being or becoming void, or united to any other bishopric as aforesaid, shall for ever thereafter be excluded from and omitted out of such rotation. u LIII. Provided always, and be it enacted, that, save as herein specifically provided, the order of rotation by the said recited acts established shall remain unchanged, but subject always to the regulations thereby made in case any spiri- tual lord should be a temporal peer of the United Kingdom, or being a temporal peer of that part of the United Kingdom called Ireland should be chosen by the lords temporal to be one of the representatives of the lords temporal. STATUTA GULIELMI IV. A.D. 1830-1837. 1553 "LIV. And whereas the revenues of the archbishopric of Armagh and the bishopric of Deny have increased in such manner that, without affecting the just and competent support of the said dignities, a portion thereof may be beneficially applied for the other purposes of the established church in Ireland, in manner here- inafter mentioned ; be it therefore further enacted, that when and so soon as the said archbishopric of Armagh shall become void, the successor thereto, and his succes- sors for ever, Archbishops of Armagh, shall, from and out of the revenues of the said archbishopric, pay over to the said commissioners under this act the annual sum of four thousand and five hundred pounds, the same to be paid by two equal payments on each first day of July and first day of January in every year, the first payment or amount of such annual tax to be made on the first day of July or first day of January, as may happen, after the first half yearly payment of the revenue of such archbishopric of Armagh shall have become due and payable to such suc- cessor of the now Archbishop of Armagh : and that the now Bishop of Derry, having freely assented thereunto, shall, from and out of the revenues of the said bishopric, pay over to the said commissioners under this act the annual sum of four thousand and one hundred and sixty pounds ; and when and so soon as the said bishopric of Derry shall become void, the successor thereto, and his successors for ever, Bishops of Derry, shall, from and out of the revenues of the said bishopric, pay over to the said commissioners under this act the annual sum of six thousand one hundred and sixty pounds, the same to be paid by two equal payments on each first day of July and first day of January in every year, the first payment thereof to be made on the first day of January in the year one thousand eight hundred and thirty-four ; and the sums so from time to time to be paid to the said commissioners by the said Archbishops of Armagh and Bishops of Derry shall be applied to such and the like purposes as the proceeds of said tax hereby vested in the said commissioners and the revenue of such bishoprics so to be united with other bishoprics, and under like rules and regulations. " LV. Provided always, and be it enacted, that the now Bishop of Derry and his successors, and the successors of the now Archbishop of Armagh, shall not be liable, in respect of the said sums so by them to be respectively paid to the said commissioners, to be rated, taxed, or assessed in or to the annual tax hereinbefore appointed to be imposed or levied ; anything hereinbefore contained to the contrary notwithstanding. " LVI. And be it enacted, that if at any time the said sums hereby directed to be paid by the said archbishop or bishop shall be in arrear and unpaid for six months next after the same shall have become due and payable as aforesaid, it shall be lawful for the said commissioners to recover the same by process of sequestra- tion, to be applied for and issued in like manner as hereinbefore directed in case any archbishop or bishop shall fail to make payment of the annual rate, tax, or assessment by this act authorized to be imposed and levied, and subject in all respects to such and the like provisions. " LVII. And be it enacted, that while and so long as the temporalities of the said archbishpric and bishopric respectively shall at any time be in the custody of his most excellent majesty, his heirs and successors, the said annual payments shall be made to the said commissioners in like manner as the same are hereby directed to be made by the archbishop or bishop thereof respectively while the said sees are full. " LVIII. And be it further enacted, that all and every sum and sums of money due and payable at the passing of this act by any archdeacon, dean, prebendary, master, warden, incumbent, perpetual curate, parson, vicar, or other spiritual per- son, by whatever name called, known, or described, on account of first-fruits and arrears thereof, and any sum or sums at any time heretofore lent and advanced by, and now payable or hereafter to become payable, pursuant to the laws in force in Ireland, to the trustees and commissioners of the first-fruits in Ireland, for pur- chasing, building, rebuilding, improving, repairing, or enlarging glebe or other houses or offices, shall, from and after the passing of this act, be and the same and every part thereof are hereby vested in and transferred and made payable to the 6 G Stat. 3 & 4 Gul. 4, c. 37. [I*.] Revenues of Armagh and Derry reduced. Bishops of Derry and Armagh ex- empted from annual tax in respect of sums paid by them. Commissioners may recover arrears by se- questration. Payments to be made during vacancies of sees. Sums now due to trustees of first-fruits on certain ac- counts vested in commissioners hereof. 1554 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [In.] Sums so due may be sued for and reco- vered, as by said trustees, in name of and by commis- sioners. Monies now in hands of said trustees or officers vested in commis- sioners. Primate Boul- ter's and Robinson's charities to be vested in commissioners, and kept distinct commissioners under this act, and their successors, to be by them applied and dis- posed of to, for, and upon the purposes of this act hereafter mentioned, and subject to the like rules and' regulations as are herein mentioned, as to the proceeds of the said annual tax hereby vested in the said commissioners. " LIX. And be it further enacted, that all and every the sums of money so actually due on account of first-fruits and arrears thereof, and all and every sum and sums so lent and advanced as aforesaid for building, rebuilding, improving, enlarging, or repairing glebe or other houses and offices, and which are or shall become due and payable as aforesaid, and all and every sum or sums of money due or to become due on any account whatever to the said trustees and commissioners of first-fruits in Ireland, other than the sums by this act remitted, shall and may be sued for and recovered and levied, by or under the directions of the commis- sioners of this act and their successors, and in their name as aforesaid, by the same ways, means, remedies, and processes, and at the times, as the same might have been respectively sued for and recovered and levied by or for the said trustees and commissioners of first-fruits in Ireland if this act had not been passed ; and that all the powers, remedies, and authorities given or mentioned in any act or acts of par- liament, or otherwise provided or allowed by law, for the recovery thereof respec- tively, shall, until all and every such sum and sums shall be recovered and paid as aforesaid, continue and be in full force and effect as if the same were herein re- enacted, and as if the commissioners of this act had been named in every such act or acts, or in any bond or bonds or other securities therein respectively mentioned, and in pursuance thereof respectively executed and entered into, instead of the trustees and commissioners of the first-fruits in Ireland. " LX. And be it further enacted, that all and every sum and sums of money and property of every kind and description, and securities for money, belonging to and now in the hands or possession of or at the disposal of the trustees and com- missioners of first-fruits in Ireland, or any of their officers, on account of the first- fruits, or on account of any gift, grant, or loan from the commissioners of the treasury in pursuance of any act of parliament heretofore made, or on any other account, shall, from and after the passing of this act, be forthwith, and the same and every of them are hereby directed to be paid over and transferred to, and are hereby to all intents and purposes vested in, the said commissioners under this act and their successors for ever, subject nevertheless, in the first place, to all grants and subsisting contracts made by the said board of first-fruits before the passing of this act, to be by them applied and disposed of to and for the several purposes of this act as hereinafter mentioned, and subject to the like rules and regulations as hereafter mentioned with respect to the said annual tax hereby vested in the said commissioners. " LXI. And whereas the several sums respectively bequeathed by Doctor Hugh Boulter and Doctor Richard Robinson, formerly Lord Archbishops of Armagh, towards buying of glebes and augmenting poor livings in Ireland, were and are vested in the said trustees and commissioners of first-fruits in Ireland for the pur- poses aforesaid ; be it therefore enacted, that the same and all the proceeds thereof, or so much thereof as remains unapplied to the aforesaid purposes, and the funds, parliamentary or otherwise, lands, estates, and mortgages or other securities wherein the same or any part thereof have been laid out or invested, shall be and the same are hereby transferred to, vested in, and made payable to the commis- sioners under this act appointed, and their successors for ever, to be by them kept distinct from all other funds, and applied and disposed of, immediately from and after the passing of this act, towards the payment of such annual salaries, save as hereinafter excepted, as may have been heretofore lawfully granted by the said trustees and commissioners of first-fruits to any incumbent, curate, or minister for the augmentation of any benefice, living, or curacy, and towards buying of glebes and augmenting poor livings in Ireland, and to no other purposes, but in the manner and subject and according to the regulations and directions hereafter men- tioned and appointed with respect to the other funds to be applied for such purposes. STATU TA GULIELMI IV. A.D. 1830—1837. 1555 " LXII. And be it further enacted, that the said commissioners under this act are hereby authorized and empowered from time to time, at their discretion, to lay out at interest all or any part of such monies as shall at any time hereafter, by or under the provisions of this act, come to or be in their hands or at their disposal, in the purchase of government or parliamentary funds, stocks, or securities, and no other, either in England or Ireland, and from time to time change, transfer, or sell out such stocks, funds, or securities, or any part thereof; as they may find neces- sary or convenient. " LXIII. And be it further enacted, that all and every the rents, issues, and profits of all lands, tenements, or hereditaments, and the said annual tax and the proceeds thereof, and all and every sum and sums of money and securities for money, vested in or which shall accrue to or in any manner come into or be in the hands, power, custody, or possession, or at the disposal of the said commissioners and their successors, under and by virtue of this act, and all interest, dividends, profits, and proceeds thereof, or any part thereof, (save and except the properties and funds respectively bequeathed by Doctor Hugh Boulter and Doctor Richard Robinson, and heretofore vested in the said trustees and commissioners of first- fruits in Ireland as hereinbefore mentioned, and the interest, dividends, and pro- ceeds thereof respectively, and also save and except such other funds and proper- ties as may be hereafter bequeathed to or vested in the said commissioners under this act, and their successors, for any special purposes,) shall be and the same are hereby declared to be applicable, and shall be applied in the manner and for the purposes following ; (that is to say,) for the providing, in such manner and pro- portions, and subject to such regulations, as the said commissioners shall deem fitting, things necessary for the celebration of divine service in the church or chapel of every parish, union, perpetual curacy, or chapelry, or chapel of ease in Ireland, as required and authorized by any rubric or canon in force in England or Ireland, and also for the payment of the salaries for maintenance of the parish clerks or sextons or the clerks or sextons of any chapelry or chapel of ease, and also for defraying such expenses of building, rebuilding, enlarging, or repairing any church or chapel, or fencing and maintaining any churchyard as aforesaid, as have been heretofore defrayed by vestry assessment in Ireland, and also for sup- plying such parts or proportions of the expenses of providing for the said several matters aforesaid, and for putting into and keeping in repair cathedral and paro- chial churches, as the said commissioners are hereafter directed to contribute for such purposes ; provided always, that in future such parish clerk or sexton shall and may be appointed by the minister, and by him removable, with the consent of the bishop, for any misconduct. " LXIV. And be it further enacted, that in all cases where, under and by virtue of an act made in the twenty-first year of the reign of King George the Second, intituled, 'An Act for disappropriating Benefices belonging to Deans, Archdea- cons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their stead, and also for the Removal of the Sites of ruined Cathedral Churches,' any parochial church shall have been or shall be made, or shall have become, by usage or custom, cathedral and parochial, and in all cases where, under and by virtue of an act made in the parliament of Ireland in the thirty- ninth year of the reign of King George the Third, intituled, 'An Act for the repairing of Cathedral Churches in Cases where the Parisli Churches have been long in Ruins/ any cathedral church shall have been or shall be made use of as a parish church, it shall and may be lawful for the said commissioners, and they are hereby required, to contribute to the repairs of such cathedral and parochial churches, in such proportion as has been agreed upon by and between the dean and chapter, or chapter, of such cathedral church, and by the protestant inhabitants of the parish or union in which such church is situate, that the inhabitants thereof should contribute to the rebuilding, enlarging, and putting into and keeping in repair of such cathedral and parochial churches ; and if it shall happen that no such agreement as aforesaid shall have been made by and between the parties afore- said, it shall and may be lawful for the lord lieutenant or other chief governor or 5 G 2 Stat. 3 & 4 Gul. 4, c. 37 [la.] Commissioners to put monies out at interest. Application of all monies and funds. Exception. Commissioners shall contri- bute to re- building and repairing cathedral and parochial churches. 21 Geo. 2. Ir. 39 Geo. 3. Ir. 1556 STATUTA GULIELMI IV. A.D. 1800—1337. Stat. 3 & 4 Gul. 4, c. 37. [I*.] Certain parts of 7 Geo. 4, c 72, repealed. Loans by board of first- fruits for building churches remitted. governors of Ireland, and the privy council thereof, upon the petition of the dean and chapter or of the said commissioners, finally to adjust and ascertain the pro- portions in which such deans and chapters, or chapters, and said commissioners shall so respectively contribute for the purposes aforesaid ; and the sums necessary and sufficient for such purposes shall be from time to time apportioned and paid accordingly by the said deans and chapters, or chapters, and said commissioners respectively, subject however to the regulations hereafter mentioned with respect to monies to be expended in such purposes. " LXV. And be it further enacted, that from and after the commencement of this act, and save as hereinafter provided, so much and such parts of an act made in the parliament of the United Kingdom in the seventh year of the reign of his late majesty King George the Fourth, intituled, * An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens and the Maintenance of Parish Clerks, in Ireland,' as hereinafter mentioned, shall be and the same are hereby repealed ; (that is to say,) so much and such parts of the said act as authorize and enable the archbishop or bishop of any diocese wherein any church which shall be made cathedral and parochial, or any cathedral church which shall have been made use of as a parish church, under the said recited acts made in the twenty-first year of King George the Second, or the thirty-ninth year of King George the Third, is situate, to adjust and ascertain the proportions in which the deans and chapters and inhabitants shall respectively contribute as aforesaid to the rebuilding, enlarging, or keeping in repair of such churches ; and also so much and such parts of the said act as authorize the making or levying of any church rate or parish cess or assess- ment for any of the following purposes, namely, the building, rebuilding, enlarg- ing, or repairing of the church or chapel of any parish, union of parishes, or cha- pelry, or of any cathedral and parochial church, or cathedral made use of as a parish church, the providing things necessary for the celebration of divine service therein or in any of them, as required and authorized by any rubric or canon in force in England or Ireland, the providing a salary for the maintenance of any parish clerk or sexton, or the clerk of any chapelry or chapel of ease, or the defraying of the expenses of such building, rebuilding, enlarging, or repairing, or other necessary charges, or any of them, or the taking of any other proceedings in relation to such rate, cess, or assessment, for any of the foregoing purposes ; and from and after the commencement of this act it shall not be lawful for any vestry called or holden in or for any parish, union, or chapelry, or place in Ireland, or for any person or per- sons, to make or levy any rate or assessment for any church purposes whatsoever ; but all such rates or assessments upon any parish, union, chapelry, or place, or the inhabitants thereof or any of them, for any of the said purposes, and all proceed- ings for the making, assessing, applotting, or levying the same, shall, from and after the commencement of this act, wholly cease and determine ; any law, custom, or usage to the contrary notwithstanding ; provided always, that every rate, assess- ment, or applotment for any church purpose whatsoever shall be and shall be deemed to be by all courts of justice totally void as to so much thereof as provides for the aforesaid church purposes or any of them, anything in the said act of the seventh of George the Fourth to the contrary notwithstanding; provided that nothing herein contained shall be deemed, taken, or construed to make void the said rate or assessment as to so much thereof as shall have been assessed or applot- ted for any other purposes. " LXVI. And be it further enacted, that from and after the commencement of this act it shall not be lawful to make, applot, or levy any rate or assessment in any parish, union, chapelry, or place, for the purpose of repaying, by instalments or otherwise, any loan or loans heretofore made by the trustees and commissioners of the first-fruits of ecclesiastical benefices in Ireland, for the purpose of building, rebuilding, enlarging, or repairing, the church or chapel of any such parish, union, chapelry, or place, but that all sums so lent and advanced and remaining unpaid shall be and the same are hereby remitted and discharged ; and all obligations to the king's majesty or otherwise, in the nature of collateral securities, for the STATUTA GULIELMI IV. A.D. 1830-1837. 1557 repayment of such advances, shall be deemed and taken to be satisfied ; pro- vided that nothing herein contained shall affect or repeal any provision con- tained in any act or acts heretofore made in order to enforce the due application of any sum or sums of money so advanced, or the refunding thereof if not so applied. " LXVII. And be it further enacted, that from and after the commencement of this act, the incumbent, or, in his absence, the officiating curate or minister officiating as curate of every parish, union, or chapelry, or perpetual curacy, in Ireland, and the dean and chapter, or chapter, of every such cathedral and parochial church, or cathedral used as a parish church, in Ireland, shall, and he and they are hereby required, on or before the first day of November in this present year, and on or before the first day of June in each and every succeeding year, to prepare or cause to be prepared an estimate of such sum or sums of money as will be neces- sary, according to his or their belief, for the ordinary repairs of the church or chapel of such parish, union, chapelry, or perpetual curacy, or of such cathedral and parochial church, or cathedral used as aforesaid respectively, for the ensuing year, and for providing things necessary for the celebration of divine service in every such church or chapel of any such parish, union, chapelry, or perpetual curacy, for such ensuing year, which estimate shall contain the several items and particulars of all the matters and things for which such sum or sums shall or may be required necessary for such church or chapel ; and such estimate shall be transmitted by such person or persons whose duty it is to prepare the same to the ordinary of the diocese, on or before the first day of December in this present year, and on or before the first day of July in each and every succeeding year, together with a cer- tificate under the hand or hands of such person or persons, stating that according to his or their belief the several matters and things contained in such estimate are or will be necessary or proper to be done or executed, or provided, for the use of or in the church or chapel of such parish, union, chapelry, or perpetual curacy, or such cathedral and parochial church, or cathedral used as aforesaid, as the case may be, and that the charges for the same and every of them as contained in such estimate are reasonable and proper charges : provided always, that such estimate, except in the case of cathedral churches, before it be sent to the ordinary of the diocese, shall be first approvediof by the rural dean of the deanery in which the church or chapel to which such estimate shall relate shall be locally situate, which approval shall be certified by signature affixed to such estimate. " LXVIII. And be it further enacted, that upon the receipt of such estimate and certificate as aforesaid, the archbishop, bishop, or other ordinary of the diocese, wherein such church or chapel shall be situate, or in case of the illness or absence from Ireland of such archbishop, bishop, or other ordinary, or during the vacancy of the see, then that the vicar-general of such diocese shall, and he and they are hereby required, when such estimate shall have been approved of by him, to signify his approbation thereof by certifying such approbation at the foot of such estimate, and to transmit such estimate, with such certificate of approbation thereof, to the said commissioners, who are hereby required to take the same into their consider- ation ; and they are hereby authorized and required to grant the amount required by such estimate and certificate, for the purposes aforesaid, or any of them, or such lesser sum as they in their discretion shall think fit, and to issue and pay the same to such person or persons, in such manner, and subject to such regulations as they shall think fit. " LXIX. And be it further enacted, that the said commissioners shall pay or cause to be paid on the first day of September in each year, in such manner as they shall think fit, for the maintenance of all and every the person or persons who at the passing of this act shall be clerk or clerks of any parish, union, or chapelry, or of any chapel of ease, (not being within the county of the city of Dublin or the suburbs thereof,) in which there shall be a church or chapel fit for the celebration of divine service according to the rites and ceremonies of the united churches of England and Ireland, the following salaries, so long as such person or persons shall be and continue to be such clerk or clerks as aforesaid ; that is to say, for the clerk of every such parish in the church or chapel whereof there shall be divine service Stat. 3 & 4 Gul. 4, c. 37. [IR.] Yearly esti- mate of ex- penses to be transmitted to ordinary. Bishop or ordinary to certify. Commissioners to grant such sum as they may think fit. Payment of clerks' salaries. 1558 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 GKjl. 4, c. 37. [I*.] Salaries of clerks to be hereafter ap- pointed. Commissioners may advance money for extraordinary repairs, &c. Judge or judges of assize, &c. may grant compen- sation for ma- licious injury or damage to churches, to be levied by grand jury presentment. usually celebrated on Sundays and festival days, and also on two common days at least in the week, a sum not exceeding twenty pounds nor less than ten pounds, and in all other cases a sum not exceeding ten pounds nor less than five pounds, as and for the maintenance and maintenances of every such clerk respectively for the year next ensuing, and in satisfaction and lieu of all other fees, dues, and allow- ances whatever, alleged or claimed to be payable to such parish clerk under any usage or custom. " LXX. And be it enacted, that the said commissioners are hereby authorized and required to grant any sum or sums, not exceeding the sums of twenty pounds and ten pounds respectively above mentioned, which they in their discretion shall think fit, as and for the maintenance of any person or persons who shall from and after the passing of this act be appointed to the office of such clerk or clerks of such churches or chapels as aforesaid, and which salary shall also be in lieu and satisfaction of all other fees, dues, and allowances whatever alleged or claimed to be payable to such clerk under any usage or custom. " LXXI. And be it further enacted, that if any church or chapel of any parish, or any such cathedral and parochial church, or cathedral used as a parish church, shall by reason of any accidental injury or other unforeseen event, be in immediate want of any extraordinary repairs or rebuilding or expenditure thereon, or if it should become necessary to enlarge any such church or chapel, the said commis- sioners appointed under this act, upon the application of such dean and chapter, or chapter, or of the incumbent, or in his absence of the officiating curate or minister of such parish, approved by the ordinary of the diocese, shall and may pay and apply such sum or sums of money as they shall think fit and necessary, or as by the provisions of this act they are bound to contribute with respect to any such cathedral and parochial church, or cathedral used as aforesaid, in making or executing such extraordinary repairs, or rebuilding or enlarging of any such church or chapel, or such cathedral and parochial church, or cathedral used as aforesaid. "LXXII. And be it further enacted, that if any church, chapel, or otber building used for religious worship according to the usage of the united church of England and Ireland shall be maliciously or wantonly demolished, pulled down, burned, or set fire to, or in any manner maliciously or wantonly injured or damaged, it shall and may be lawful for the said ecclesiastical commissioners, or any person or persons to be by them deputed in that behalf, by writing under their common seal, to sue for and recover satisfaction and amends for such malicious or wanton demolition, burning, firing, or injury or damage as aforesaid, at the next assizes to be held for the county in which such church, chapel, or other building ma}r be situate, or if in the county of Dublin, at the next presenting term, or if in the city of Dublin, at the next quarter sessions for the said city, by exhibiting to the judge or judges of assize, or to the court of King's Bench for the said county of Dublin, or to the recorder of the city of Dublin if at such quarter sessions, a petition, praying such satisfaction and amends as aforesaid, and therein setting forth particularly the injury or damage done or committed, and the particular amount and nature thereof, by what number of persons such injury or damage was done or committed, and the names or descriptions of such offenders, so far as the same shall be known to the petitioners ; and the matter of such petition shall be inquired into by such judge or judges of assize, or court of King's Bench, or recorder, in open court, in the presence of the grand jury impannelled and sworn at such assizes or presenting term or sessions, on the oath of such person or persons as may be produced to testify as to the same ; and if on consideration of the matter such judge or judges of assize, or recorder, shall be of opinion that such demolition, 1 mining, firing, or other injury or damage was wantonly or maliciously done, such judge or judges shall inquire into the amount of such injury or damage done or committed as aforesaid ; and the said grand jury shall thereupon, and they are hereby required, pursuant to the directions of such judge or judges, court of King's Bench, or recorder as aforesaid, to present such sum or sums of money as shall appear to be the amount of the injury or damage committed as aforesaid to be STATUTA GULIELMI IV. A.D. 1830-1837. 1559 raised either on the county, county of a city or town, barony, town or towns, Stat. 3 & 4 parish or parishes, in or near which such offence shall have been committed, and in ^UL- 4> c- J*« such proportions as they shall think fit ; which sum or sums so presented as afore- L R"-1 said shall be applotted, levied, and raised by such ways and means and in such form or manner as other public money presented at the said assizes, or presenting term, or sessions ; and such monies shall be paid to the said commissioners, or to the person or persons by them deputed as aforesaid, and be by such commissioners applied to rebuild or repair such church, chapel, or other building, and be for such purpose expended by such person or persons in such manner and subject to such regulations and security for the due application thereof as they shall think fit : provided that if any person or persons shall find himself, herself, or themselves Traverse of aggrieved by any presentment to be made in pursuance of this act, such person or presentment persons, in case the sum so presented do exceed the sum of five pounds, shall or tried^t^same^ may, at the said assizes, or presenting term, or sessions, traverse the same ; which or next traverse shall be tried at the same or next ensuing assizes, presenting term, or assizes, sessions, as the judge or judges who shall allow the same shall think fit ; and if on such traverse the issue shall be found for the traverser, such presentment shall be discharged, otherwise the same shall be final and conclusive to all persons; and in case the said issue shall be found against the traverser, it shall and may be lawful to and for the judge before whom the same shall be tried, in case he shall see fit, to award the costs thereof to be paid by the traverser, to be taxed and certified by the clerk of the crown, the payment whereof may be enforced, if necessary, by a summary order of his majesty's court of King's Bench in Ireland : provided Notice thereof ahvays, that the said commissioners, or the person or persons by them deputed as t0 De given aforesaid, or the rector, curate, or other officiating minister, or, in case of vacancy ^tnm^en of the benefice, any two inhabitants of the parish, within thirty days after such 0ffence com- offence shall have been committed, shall give notice thereof to the high constable mitted. of the barony and to the churchwardens of the parish where such offence shall have been committed, (if such high constable or churchwardens shall respectively reside within such barony and parish,) who are hereby required forthwith to pub- lish the same writhin such barony and parish; and if such high constable or churchwardens shall not reside therein as aforesaid, then such notice shall be given to some two inhabitants of such barony or parish. * LXXIII. And be it further enacted, that in all parishes and places where, by Any provision virtue of any law, statute, or custom, provision may heretofore have been made, neretofore by vestry or other assessment, for the maintenance of any curate, lecturer, clerk, or ^Jes^mentfo/ other minister or assistant in the celebration of divine worship, or attendant or maintenance of sexton, such provision by vestry or other assessment shall from and after the pass- curates, &c. ing of this act wholly cease and determine ; and it shall and may be lawful for the shaU c.ea!e> aad said commissioners under this act, by and out of the proceeds of the said annual ghaT^ovide^ tax, and the other funds as aforesaid by this act vested in them, to provide for all for same™ & such purposes in such manner and proportions as to them shall seem fitting. " LXXIV. Provided always, that it shall be lawful for the said commissioners, Expenditure of and they are hereby authorized, to appoint such sum or sums of money to be s"£n money to expended under such rules and regulations, and security for ensuring the due be controlIed application thereof, as they in their discretion shall think fit. sbnerT"118" " LXXV. And be it further enacted, that every such incumbent, dean and Accounts to be chapter, or chapter, or other person or persons who shall have received from the furnished to said commissioners any sum or sums of money for any of the purposes hereinbefore commissioners, mentioned, shall, within one year from the receipt of such sum or sums of money, return and transmit to the said commissioners a full statement and account of the expenditure of such sum or sums of money, and shall, if required by the said commissioners, verify the truth thereof upon oath, which oath any vicar-general, surrogate, justice of the peace, master or master extraordinary in Chancery, is and are respectively hereby empowered and required to administer. " LXXVI. And be it enacted, that it shall be lawful for the said commissioners Commissioners to sue for any part of any sum or sums of money granted for any of the purposes may sue tor aforesaid which may be unapplied or not duly accounted for as herein directed, or moncy uuac~ 1560 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [IB.] counted for or unapplied. Commissioners may apply surplus monies. Commissioners may advance part of surplus for building churches in certain cases. any surplus thereof after the execution of the said purposes, by civil bill before the assistant barrister of the county wherein such church and parochial church or cathedral used as aforesaid in respect whereof the same may be due shall be situate, provided that such sum sued for by such civil bill shall not exceed the sum of fifty pounds, and if the same shall exceed the sum of fifty pounds, then by action in any of his majesty's superior courts in Ireland : and provided further, that if the person retaining the same or not duly accounting shall be possessed of any ecclesiastical benefice or other ecclesiastical emolument, then the said commissioners shall take proceedings to recover the same by process of sequestration, which seques- tration shall be applied for and issued on the certificate of the said commissioners, in the manner and subject to the regulations hereinbefore directed as to sequestra- tions in any other case to be applied for by the said commissioners. " LXXVII. And be it further enacted, that when and so soon as in any year the said commissioners shall have in their hands any surplus or balance, after due provision shall have been made for the several objects and purposes hereinbefore mentioned, and not sooner, it shall and may be lawful for the said commissioners to apply and dispose of such surplus, or any part thereof, in such proportions as to the said commissioners shall seem fit, for all or any of the objects hereinafter mentioned. " LXXVIII. And be it enacted, that it shall and may be lawful for the said commissioners to advance or apply, out of the said surplus fund and monies at their disposal as aforesaid, such sum or sums as they shall think fit for the purpose of building churches or chapels of ease in any parish or place in Ireland, provided that an application in writing shall be made to such commissioners, through the bishop of the diocese, for such purpose, by at least twenty of the inhabitants of such parish or place, accompanied by a plan and estimate of the expense of build- ing such church or chapel of ease, and that sueh application shall signify the wil- lingness of the persons making the same to contribute or procure to be contributed, in such proportions as may have been mutually agreed upon by them, a sum not less than one fifth of the whole expense as stated in such estimate, for the purpose of building such church or chapel of ease ; and provided further, that before any advance for such purpose shall be made by said commissioners, the several sums so subscribed or contributed shall be respectively paid or secured to be paid to the said commissioners, in such manner as the said commissioners shall appoint and require, and that for such purpose the said commissioners shall and they are hereby enabled to take such personal or real security as to them shall seem proper or necessary ; and provided further, that such commissioners may employ an archi- tect chosen by themselves to execute such building, and subject to such regulations as such commissioners shall think fit ; and provided that if such sum or sums of money shall be paid by instalments, the last instalment shall be at least one fourth part of the whole sum granted for such purpose, and that such instalment shall not be paid until the said commissioners shall be satisfied, by the certificate of a competent architect, that the building of such church or chapel is completed in a sufficient and workmanlike manner, pursuant to the plan and estimate approved as aforesaid, and also by a certificate from the ordinary of the diocese that he, upon inspection thereof, is satisfied with the execution of such work ; and the said com- missioners shall have the like remedies for the recovery of any part of such sum or sums received from them for the purpose of any such building, which shall not have been duly applied for such purpose, and shall remain over and above after the execution of such purpose, as hereinbefore provided as to sums granted by said commissioners for the purpose of repairing churches or chapels; and the rents or profits which may arise from the letting or sale of pews and seats in such church or chapel shall be and become vested in such commissioners, to be employed by them as other monies which shall come into their hands under the provisions of this act : provided always, that if it shall appear to the said commissioners that, from the peculiar circumstances of any parish or place, it is expedient that a church or chapel of ease should be built in such parish or place, and that such application of twenty inhabitants as aforesaid, or contribution of one fifth of the STATUTA GULIELMI IV. A.D. 1830-1837. 1561 expenses of building the same as aforesaid, cannot be obtained, it shall and may be lawful for the commissioners, upon the application of the bishop of the diocese, to advance, if they shall think fit, the necessary monies out of the funds at their dis- posal, without such application or contribution as aforesaid. " LXXIX. Provided nevertheless, and be it enacted, that in consideration of such subscriptions as aforesaid, it shall and may be lawful for such commissioners to allot and assign such and so many of the seats and pews to be erected in said church or chapel of ease as to them shall seem fit or expedient to the persons who may have or entered into such subscription as aforesaid, according to such scheme for the classification thereof, with regard to the amount of their several subscrip- tions, as shall be proposed by such subscribers, and approved by such commission- ers ; and the pews so assigned to such subscribers as aforesaid shall be vested in them, and deemed and taken to be personal property, and assignable and transmis- sible as such. " LXXX. And be it further enacted, that it shall and may be in like manner lawful for the said commissioners, out of any surplus funds or monies at their disposal, from time to time, and in such proportion as they shall think proper, to lend and advance, upon an application accompanied by a plan and estimate made by the incumbent of any benefice or parish, and approved of by the bishop of the diocese, any sum of money not exceeding two years net income of such benefice or parish, to be applied to the purpose of building or improving a man- sion or glebe house and offices, or in the purchase of houses already built, for the fit and suitable habitation of such incumbent and his successors, or, if the said commissioners shall so think fit, in the purchase of glebe or demesne lands fit and convenient for the erection of such glebe house and offices. " LXXXI. And be it further enacted, that the incumbent of any such bene- fice or parish to whom any such money shall be so advanced, or in case of his death or removal before the repayment of the whole sum so advanced, his suc- cessor or successors for the time being, shall, and he and they is and are hereby required and bound to repay to the said commissioners so much of the said sum as shall become due, by instalments during their respective incumbencies, in manner following ; that is to say, four pounds per centum of the sum so advanced on the first day of July next after the expiration of one year from the day on which same shall have been so advanced and lent, (or within twenty-one days after,) and four pounds per centum more of the sum advanced on the first day of July in every succeeding year, (or within twenty-one days after,) until the sum so advanced shall be wholly repaid. " LXXXII. Provided always, and be it further enacted, that no person shall be deemed a successor, so as to be charged by or under this act, who shall die or be removed within the space of one year from the death or removal of the incumbent immediately preceding him. " LXXXIII. Provided also, that no successor shall in any case be liable to pay any such instalment before the first day of July next after he shall have so become a successor chargeable under this act, nor to pay any more than one such instalment on such first day of July, notwithstanding that more than one year may have intervened between the death or removal of the last incumbent who had become chargeable with the payment of any instalment under this act and such first day of July. " LXXXIV. Provided also, that in cases where such last preceding incumbent shall die or be removed before he shall have received the whole of such sum so granted by way of loan, every person who shall be a successor of any such incum- bent should be bound and obliged to repay to the said commissioners appointed under this act an instalment at the rate of four pounds per centum for the sum which shall have been actually so advanced to such incumbent on account of such loan, (although the whole amount of such loan may not have been received by such incumbent,) on the first day of July next after such person shall have become a successor chargeable by virtue of this act ; and that no instalment not actually paid of any such loan shall be discharged, or be deemed or taken as Stat. 3 & 4 Gul. 4, c. 37. [I*.] Commissioners may assign pews to sub- scribers in consideration of subscrip- tions. Commissioners may advance money for building glebe houses, &c. Money so ad- vanced to be repaid by in- cumbent. Who shall not be deemed successors to such incum- bents. In what man- ner successors shall be liable. For regulating payment of instalments by successors of incumbents removed before receipt of the whole sum granted. 1562 STATUTA GULIELMI IV. A.D. 1830—1837 Stat. 3 & 4 Gul. 4, c. 37. [I*.] To enforce punctuality, the commis- sioners to take a bond to his majesty, for payment of instalments with interest. Commissioners may, at time of making advance, sig- nify their in- tention to re- quire interest. Sums advanced to be a charge on all the ecclesiastical emoluments of the benefice. In default of repayment, commissioners may recover the same by sequestration. Sum lent to be distinguished in the certifi- cate. discharged, by reason of the neglect or default of any incumbent in respect of the non-payment of any instalment which may have become due and payable during his incumbency, it being the true intent and meaning of this act that instal- ments of every such loan shall continue to be paid until the whole amount of such loan shall be actually paid to the said commissioners. " LXXXV. And be it further enacted, that in order to enforce the punctual payment and discharge of such sums as shall be so lent and advanced in pur- suance and by virtue of the provisions of this act, it shall and may be lawful for the said commissioners appointed under this act for the time being, and they are hereby required, to take and receive, previous to the advancing of any sum of money to any such incumbent, a bond from such incumbent, which bond shall not be subject to any stamp duty, binding him, with one or more sufficient sureties, and them, his and their heirs, executors, and administrators, jointly and severally, to the king's most excellent majesty, his heirs and successors, in a penalty amounting to double the sum advanced, conditioned for the due application of the money so to be advanced within two years from the advance, or for refunding to the said commissioners so much of the said money as shall not be so applied within such time, and for the payment to the said comissioners of all such instalments of the said sum or sums at the several times before mentioned as may severally become due during his incumbency, with legal interest on such instalments respectively from the respective time when each instalment ought to have been paid until the actual payment thereof ; which bond shall have the same force and effect as bonds to the king's most excellent majesty, and for his use, have by virtue of an act passed in Ireland in the twenty-first and twenty-second years of the reign of King George the Third, intituled, ' An Act for the more speedy and effectual Recovery of the King's Debts,' and suits shall and may be prosecuted and carried on upon such bonds, by the orders and under the directions of the said commissioners, for the recovery of the money which shall be due thereon, and in such and the same manner as suits on bonds to the king's majesty may be prosecuted by virtue of the said act. " LXXXVI. Provided also, that it shall and may be lawful for the said com- missioners, if they shall so think fit, at the time of making such advance, to signify their intention to require interest, at the lawful rate or any less rate, to be paid for the same from the time of advancing the said sum, or any other time, until repay- ment thereof ; and in such case the bond aforesaid shall be framed and payment made accordingly. " LXXXVII. And be it further enacted, that all and every sum and sums of money so to be advanced by the said commissioners appointed under this act to any such incumbent as aforesaid, shall, with or without interest, as the case may be, from the time of advancing any part thereof, be a charge on all the glebe lands, tithes, composition for tithes, rents, moduses, salaries, stipends, fees, gratuities, and all other ecclesiastical emoluments and profits whatsoever, arising or to arise from the benefice of which such person or persons shall be incumbent as aforesaid ; and in case default shall be made in the due application of such advances, or the regular discharge of any of the said payments or any part thereof, on the days appointed for the payment thereof, by such incumbent, or his successor or successors, it shall and may be lawful for the said commissioners to recover the same by process of sequestration, and such sequestration shall be applied for and issued on the certifi- cate of such commissioners in the manner and subject to the regulations herein- before directed as to sequestrations in any other case to be applied for by the said commissioners. " LXXXVIII. And be it further enacted, that such sum or sums of money as shall be lent or advanced to any such incumbent by virtue of this act, shall be dis- tinguished and mentioned apart, in the usual certificate to be given by any arch- bishop or bishop by virtue of the acts now in force to enable an incumbent who builds to recover against his successor, from any and every sum or sums by any such incumbent laid out or expended out of his own proper income in the building of such glebe house and offices which would otherwise be allowed by such certifi- STATUTA GULIELMI IV. A.D. 1830—1837. 1563 cate ; and a separate and distinct portion of the said certificate shall be allotted by the said archbishop or bishop for ascertaining the expenditure of the sum so lent and advanced by the said commissioners. " LXXXIX. And be it further enacted, that in case any such incumbent shall die or be removed before all the sums agreed to be advanced by the said commis- sioners appointed by virtue of this act for building or procuring such glebe house and offices as aforesaid shall have been actually advanced by the said commissioners, then and in such case his successor shall be entitled and bound to receive the remainder of the money so agreed to be advanced, and shall give, in proportion to the money remaining to be advanced, the like security that had been given by his predecessor, by bond to the king's most excellent majesty, the penalty of which bond shall be recovered in manner hereinbefore declared and enacted with respect to the recovery of the penalty of the bond so given by his predecessor ; and the money so advanced, with or without interest, as the case may be, shall also be charged on such benefice in the same manner as the money advanced to such first incumbent, and recoverable in the like manner. " XC. Provided also, and be it further enacted, that the incumbent for the time being of such benefice shall annually, at his own expense, until the last instalment of such sum shall be paid, keep the buildings on which money so lent and advanced shall have been expended regularly insured against fire at some pub- lic insurance office in Great Britain or Ireland, to the full amount at least of the sum so lent and advanced ; and in default thereof it shall be lawful for the court of Chancery or Exchequer in Ireland to sequester the profits of such benefice, parish, union, chapelry, or perpetual curacy, in like manner as herein directed as to sequestrations issued on the petition of the said commissioners, until such insurance shall be made. " XCI. Provided always, that nothing herein contained shall extend or be con- strued to extend to limit or restrain the power by this act vested in the commis- sioners to grant any sum or sums of money gratuitously to any incumbent or per- petual curate for the purpose hereinafter mentioned, whether such incumbent shall or shall not have received a loan to be in part applied to the said purpose, nor to obstruct, annul, make void, or alter the laws now in force for building, repairing, or improving glebe houses, or any of them, save as herein mentioned ; but that such incumbents, in case they shall think proper to proceed under and according to the said laws, may do so in the same manner as if this act had not been made. "XCII. And be it enacted, that where the annual value of any benefice or of any perpetual curacy, which has not been augmented as herein mentioned, shall not amount to one hundred pounds communibus annis, and there shall be no glebe house thereon, it shall be lawful for the said commissioners gratuitously to grant a sum of one hundred pounds to the incumbent thereof, in such manner as they shall think fit, to enable him the better to carry on the building of a glebe house thereon, and before such house is begun to be built. *' XCII I. And be it further enacted, that it shall and may be lawful for the said commissioners under this act, when and as in their judgment it may be proper, out of such surplus funds and monies so as aforesaid from time to time remaining in their hands or at their disposal, to augment any benefice with cure of souls, living, or curacy, appropriate or impropriate, or the maintenance of any parson, vicar, curate, and minister officiating in any church or chapel, or licensed place of wor- ship in Ireland where the liturgy and rites of the united church of England and Ireland as now by law established are or shall be used and observed, and which shall appear to them to be under the clear yearly value of two hundred pounds, after allowing the deductions hereinbefore mentioned, either by the purchase of glebes or other lands, or tithes or compositions for tithes, or both, or by granting to the incumbent of such benefice or living, or to such parson, vicar, curate, or minister, an annual salary, to be paid out of the rents, issues, and profits of the several lands or tenements and the interest or dividends of the several monies and properties hereby vested in such commissioners as aforesaid, or in any other manner as to the said commissioners shall seem fit ; provided always, that the value of such Stat. 3 & 4 Gul. 4, c. 37. [Ir.] In case in- cumbent dies before the whole sum shall be ad- vanced, suc- cessor to receive the remainder upon like security. Incumbent to keep buildings insured. Not to extend to obstruct or alter the laws now in force for building glebe houses. Commissioners may grant 100/. gratuitously in certain cases. Power of com- missioners to augment bene- fices. 1564 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*.] No augmenta- tion, unless there is a church where divine service is performed, or to encourage the building or repairing of one within three years after. If incumbent of augmented benefice do not reside, salary to cease. Geo. 4, c. 91. "benefice, living, maintenance, or curacy, together with such augmentation as aforesaid, shall not in the whole exceed the value of two hundred pounds by the year. " XCIV. Provided also, and be it further enacted, that no augmentation of the benefice or maintenance of any such parson, vicar, minister, or curate as afore- said shall be made by any of the ways or means aforesaid by the said commis- sioners, unless there shall be at the time of such augmentation, (or within three years after such augmentation shall be made, or purchased, or granted as aforesaid,) within such benefice, living, or curacy, a church or chapel, or other licensed place of worship, where divine service as aforesaid may and shall be performed, every Sunday at the least, by such parson, vicar, curate, or minister whose benefice or maintenance shall be so augmented as aforesaid ; and in case such augmentation by salary or otherwise shall be made as aforesaid where no such church or chapel, or other licensed place of worship, shall be, at the time of such augmentation being so made or granted as aforesaid, actually built, but the same is to be so made and granted in order to encourage the building or repairing such church or chapel, or other licensed place of worship, within three years as aforesaid, such augmentation shall, notwithstanding any such augmentation or grant as aforesaid, not commence or take place, nor shall any parson, vicar, curate, or minister be entitled to, or have any right whatever to demand or receive, such salary or augmentation but from the time when such church or chapel, or other licensed place of worship, shall be actually built and fitted for the performance of such divine service as aforesaid. " XCY. And be it further enacted, that if the incumbent of any benefice, or any parson, vicar, minister, or curate, whose maintenance has been augmented by the trustees and commissioners of first-fruits, or which shall be so augmented by the commissioners under this act, by the grant of such annual salary or otherwise, shall not reside upon such augmented benefice, living, or curacy, or so conveniently as shall be satisfactory to the bishop of the diocese, or shall be wilfully absent from the cure of such church or chapel for the service of which such augmentation has been or shall be so granted, for any period exceeding the space of sixty-one days together, or to be accounted at several times in any one year, and make his resi- dence and abiding at any other place or places, without such licence or exemption as allowed by an act passed in the fifth year of the reign of his late majesty, inti- tuled, 6 An Act to consolidate and amend the Laws for enforcing the Residence of Spiritual Persons on their Benefices, to restrain Spiritual Persons from carrying on Trade or Merchandize, and for the Support and Maintenance of Stipendiary Curates, in Ireland,' and unless such parson, vicar, curate, or minister so to be absent by virtue of such licence or exemption shall find and provide a sufficient person, to be approved of by the archbishop, bishop, or other ordinary of such diocese, to supply the cure and perform divine service in such church or chapel as aforesaid during such absence ; and if there shall be a discontinuance of the performance of divine service, except for the necessary repairs, or rebuilding, or enlarging of the said churches or chapels, or for other cause to be approved of by the archbishop, bishop, or other ordinary of the diocese, and certified to the said commissioners as aforesaid ; then and in any of said cases such salary or aug- mentation so made or to be made of any such benefice, living, or curacy, and all right and title of any such parson, vicar, incumbent, curate, or minister to demand or receive such salary or augmentation, shall utterly cease and be determined, during his incumbency only, notwithstanding any such grant before made thereof; and that such parson, vicar, incumbent, curate, or minister shall for ever after be disabled and rendered incapable of having or enjoying such salary or augmenta- tion, but that the same shall nevertheless be restored and payable to the next suc- cessor as if the same had not so ceased or been so suspended ; and that the said salary or augmentation so stopped during the incumbency of such disabled person shall be vested in the said commissioners, to be applied by them in such uses and purposes as the same might have been applied to if the same had not been so granted as aforesaid. STATUTA GULIELMI IV. A.D. 1830—1837. 1565 out notice to patron. ft XCVI. And be it further enacted by the authority aforesaid, that in case any Stat. 3 & 4 incumbent of any such benefice, living, or curacy, or any parson, vicar, curate, or Gul. 4, c. 37. minister, whose maintenance shali be augmented by the grant of such annual salary L«0 or otherwise by the said commissioners under this act, or which shall have been If incumbent at any time heretofore augmented by the said trustees and commissioners of first- JenE take a fruits in Ireland, shall accept and take any other benefice, living, or curacy, and sec0rid, the be instituted and inducted into the possession of the same, that then the said bene- first to be fice, living, or curacy which shall have been so augmented shall from thenceforth void, be and be deemed and adjudged absolutely void to all intents and purposes what- soever ; and that it shall be lawful for the archbishop, bishop, or other patron to collate or present thereto, in like manner and form as if the former incumbent had died or resigned, any licence, union, or other dispensation to the contrary in any- wise notwithstanding; and that every licence, union, or dispensation, of what name or names, quality or qualities soever, obtained contrary to the true meaning and intention of this act, shall be absolutely void and of none effect ; and in case any person already possessed of any benefice, living, or curacy shall be collated or instituted to any of the said benefices, livings, or curacies which have been hereto- fore augmented as aforesaid by the said trustees and commissioners of first-fruits in Ireland, or which shall be so augmented by the commissioners under this act as aforesaid, every such collation, presentation, or nomination shall be utterly void to all intents and purposes whatsoever ; provided always, that no lapse shall incur No lapse with- upon any avoidance of any benefice, living, or curacy which shall happen in conse- quence of this act, until six months after notice shali be given, in all cases in which notice is now by law required, to the person or persons having a right to present or nominate to the same, by the archbishop or bishop of the diocese, or other ordi- nary for the time being, in writing under his or their hand and archiepiscopal or episcopal seal or seals of office respectively. " XCVII. And whereas the provision for augmenting such poor livings as shall Provisions be thought proper by the said commissioners to be so augmented is intended to ^[^^ extend not only to parsons, vicars, and curates who come in by presentation or donatives' and collation, institution and induction, or licence, but likewise to such ministers who curates, come in by donation, or are only stipendiary preachers or curates in and of impro- priate or appropriate parishes, officiating in any church or chapel where the liturgy and rites of the united churches of England and Ireland as by law established shall be used and observed, some of which may happen not to be corporations nor have a legal succession, and therefore are incapable of taking a grant of such perpetual augmentation by a salary, or endowment of such tithes or land, as is by this act intended ; and in some places it might be in the power of the impropriator, donor, parson, or vicar to withdraw the allowance now or heretofore paid to the minister or curate serving the cure, or, in case of a chapelry, the incumbent of the mother church might refuse to employ a curate, or permit a minister duly nomi- nated or licensed to officiate in such augmented chapel, and might officiate therein himself, and take the benefit of the augmentation, though his living be above the value of those which are hereby intended to be augmented, and the maintenance of the curate or minister would thus be sunk, instead of being augmented ; therefore Curacies and be it enacted by the authority aforesaid, that all such churches, curacies, or cnaP_ek aug- chapels which shall at any time hereafter be augmented by the said commissioners perpetUal cures shall be and are hereby declared and established to be, from the time of such and benefices, augmentations, perpetual cures and benefices ; and the ministers duly nominated and licensed thereunto, and their successors respectively, shall be and be esteemed in law bodies politic and corporate, and shall have perpetual succession by such name and names as in the grant of such augmentation shall be mentioned, and shall have a legal capacity, and are hereby enabled to take in perpetuity, to them and their successors, all such lands and tenements and tithes as shall be granted to or purchased for them by the said commissioners, or such annual salaries as shall be so granted pursuant to this act, any law or statute to the contrary notwithstand- ing ; and that the impropriators or patrons of any churches or donatives of the benefices so augmented for the time being, and their heirs, and the rectors and 1566 STATUTA GULIELMI IV. A.D. 1830--1837. Stat. 3 & 4 Gul. 4, c. 37. !>•] No rector or vicar dis- charged hereby from cure of souls. If augmented cure void for six months it shall lapse. Nomination before advan- tage taken of lapse, good. Donatives to be subject to visitation. Consent of patron neces- sary to aug- mentation. Power to com- missioners to agree with patron for yearly allow- ance. vicars of the mother churches whereimto any such augmented curacy or chapel doth appertain, and their successors, shall be and are hereby utterly excluded from having or receiving, directly or indirectly, any profit or benefit by such augmenta- tion, and shall from time to time, and at all times from and after such augmentation, pay and allow to the ministers officiating in any church or chapel so augmented such annual and other pensions, salaries, and allowances which by ancient custom or otherwise, of right and not of bounty, ought to be by them respectively paid and allowed, and which they might by due course of law, before the making of this act, have been compelled to pay or allow to the respective ministers officiating here, and such other yearly sum or allowance as shall be agreed upon, if any shall be, between the said commissioners and such patron or impropriator upon making the augmentation ; and the same are and shall be hereby perfectly vested in the ministers officiating in the church or chapel of the benefice so augmented, and their respective successors. " XCVIII. Provided always, and be it enacted, that no such rector or vicar of such mother church, or any other ecclesiastical person or persons having cure of souls within the parish or place where such church or chapel of the benefice so augmented shall be situate, or his or their successors, shall be hereby divested or discharged from the same ; but the cure of souls, with all other parochial rights and duties, (such augmentation and allowances to the church or chapel of the benefice so augmented as aforesaid only excepted,) shall hereafter be and remain in the same plight and condition as if such augmentation had not been made. " XCIX. And for continuing the succession in such augmented cures hereby made perpetual cures and benefices, and that the same may be duly and constantly served, be it further enacted by the authority aforesaid, that in case such aug- mented cures be suffered to remain void by the space of six months, without any nomination within that time of a fit person to serve the same, by the person or persons having the right of nomination thereunto, to the bishop or other ordinary, to be licensed for that purpose, the same shall lapse to the bishop or other ordi- nary, and from him to the metropolitan, and from the metropolitan to the crown, according to the course of law used in the case of presentative livings and benefices ; and the right of nomination to such augmented cure may be granted or recovered, and the incumbency thereof may and shall cease and be determined, in the like maimer and by the like method as the presentation to or any incumbency in any vicarage presentative may now be respectively granted, recovered, or determined : provided always, that in case the person or persons entitled to nominate to such augmented cure should suffer lapse to incur, but shall, before any advantage taken thereof by the ordinaiy, metropolitan, or crown respectively, nominate, such nomi- nation shall be effectual as if made within six months, although so much time be before elapsed as that the title of lapse be vested in the crown. " C. And be it further enacted, that all such donatives which have been aug- mented by the said trustees and commissioners of first-fruits in Ireland, or which shall be at any time hereafter augmented by the commissioners under this act, by virtue of the powers hereby given to them, shall be subject to the visitation and jurisdiction of the bishop of the diocese wherein such donative is or shall be, to all intents and purposes of law whatsoever : provided always, that no donative shall be augmented without the consent of the patron or patrons in writing under his or their hands and seals first had and obtained. " CI. Provided also, that where the said commissioners under this act shall, in pursuance of the powers given to them by this act, think it convenient and fitting that any donative, curacy, or chapelry should receive an augmentation out of the lands, tenements, and hereditaments, or other funds and monies, hereby vested in them, it shall and may be lawful to and for the said commissioners, before they make the said augmentation, to treat and agree with the patron of any donative, impropriator of any rectory impropriated without endowment of any vicarage, or parson or vicar of any mother church, as the case shall happen to be, for a perpe- tual, yearly, or other payment or allowance to the minister or curate of such aug- mented donative, curacy, or chapelry, and his successors, to be made in all sue- STATUTA GULIELMI IV. A.D. 1830—1837. 1567 ceeding times by such patron, impropriator, parson or vicar, and his and their heirs and successors, and for charging and subjecting the impropriate rectory or mother church or vicarage therewith and thereunto in such manner and with such remedies for recovery thereof as shall be thought fit ; and such agreement made with the lord lieutenant or other chief governor or governors of Ireland for the time being, by and with the advice and consent of six or more of his majesty's privy council in Ireland, testified under their hands, in cases where the king's most excellent majesty, his heirs and successors, are or shall be interested, or with any bodies politic or corporate, or any other person or persons, having any estate or interest in possession, reversion, or remainder in any such impropriate rectory, in his or their own right, or in right of their wives, or in right of his or their churches, or with the guardian or guardians or committee or committees of or act- ing for any person or persons having such estate or interest, who at the time of such consent shall be respectively infants, idiots, or lunatics, or under any other legal disability, or with any parson or vicar of any mother church, shall be respectively good and effectual to all intents and purposes in law, with respect to such charges, against his majesty, his heirs and successors, or against all or any such bodies politic and corporate, or against the person or persons so agreeing, their wives, heirs, and successors respectively, and every of them, and against all and every their issue, and against every other person and persons claiming in remainder or reversion after any estate tail in the premises, according to the form of such agree- ment, as fully and in like manner as if such agreement had been made by his majesty, his heirs and successors, under his and their great seal, and as if such bodies politic and corporate had been free from any restraint, and as if such other persons so agreeing had been sole seised in his and their own right of such donative, impropriate rectory, or mother church as aforesaid, at the time of making such agreement ; and that the agreements of guardians or committees for or on behalf of infants or idiots or lunatics under their guardianship, or of whom they shall be committees as aforesaid, shall be as good and effectual to all intents and purposes as if the said infants or idiots or lunatics respectively had been of full age and of sound mind, and had themselves entered into such agreement : provided always, that in case of any such agreement as aforesaid with any parson or vicar, the same shall be with the approbation and consent of his patron and ordinary ; and in case of any such agreement made with any person in right of his wife, that the wife may be a party to the agreement, and seal and execute the same. " CII. And whereas it is expedient to provide a more effectual remedy in cases where the owners of impropriations or impropriate tithes are by law bound, but nevertheless refuse or neglect, to repair the chancel of any church, or maintain an officiating clergyman, in Ireland ; be it therefore enacted, that from and after the passing of this act it shall and may be lawful for the said commissioners, or any archbishop or bishop of the diocese, to present a petition to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, or master of the rolls, for the time being, or to the court of Exchequer, in Ireland, praying such relief as the nature of the case may require ; and it shall be la wful for the lord chancellor, lord keeper, and commissioners for the custody of the great seal, and for the master of the rolls, and the court of Exchequer in Ireland, and they are hereby required, to hear such petition in a summary way, and upon affidavits or such other evidence as shall be produced upon such hearing in support of or in answer to such petition, to determine the same, and to make such order therein, and with respect to the costs of such petition, as to him or them shall seem just, and such order shall be final and conclusive, unless the party or parties who shall think himself or themselves aggrieved thereby shall, within one year from the time such order shall have been passed and entered by the proper officer, have pre- ferred an appeal from such decision to the House of Lords, to whom it is hereby enacted and declared that an appeal shall lie from such order ; and neither such petitions, nor any proceedings upon the same or relative thereto, nor the copies of any such petitions or proceedings, shall be subject or liable to the payment of any &tamp duty whatever. Stat. 3 & 4 Gul. 4, c. 37. [lR.] Such agree- ment to be with consent of patron. Remedy in cases of im- propriators refusing to repair chancels or maintain officiating clergymen. 1568 STATUTA GULIELMI IV. A.D. 1830—1837 Stat. 3 & 4 Gul. 4, c. 37. [IR.] Entries of augmentations and orders. Copies to be evidence. Power for commissioners to purchase house and land for augmented benefice. Provisions of act relative to augmenting single benefices to extend to united bene- fices not of the value of 2001. Commissioners may divide parishes in certain cases. " CIII. And be it further enacted by the authority aforesaid, that all augmen- tations, agreements, and orders, made by the said commissioners in pursuance of this act shall be carefully examined and entered into a book to be provided and kept by their secretary or other officer or officers to be by them appointed for such purpose, and that such entries, being approved of by the said commissioners, and attested by them, shall be taken to be as records ; and true copies thereof or of the said entries, being proved by one or more credible witness or witnesses, shall be deemed, taken, and adjudged to be good and sufficient evidence in law touching the matters and things therein contained or relating thereto. " CIV. And be it further enacted, that where any living, benefice, curacy, or chapelry, shall have been augmented by the said trustees and commissioners of first-fruits in Ireland, or shall be augmented by the commissioners under this act, by any of the ways or means aforesaid, and there is or shall be no parsonage or other house suitable for the residence of the minister, curate, chaplain, or incum- bent, it shall and may be lawful for the commissioners under this act, by and with the approbation and consent of the bishop of the diocese, and they are hereby empowered, (in order to promote the residence of clergy on their benefices,) to apply and dispose of any surplus funds or monies as aforesaid remaining in their hands or at their disposal, in such manner as they shall deem most advisable, in or towards the building, rebuilding, or purchasing a house and other proper erections within the parish, benefice, curacy, or chapelry, convenient and suitable for the residence of the minister thereof ; which house shall for ever thereafter be deemed the parsonage appertaining to such living, benefice, curacy, or chapelry, to all intents and purposes whatsoever ; and also in and towards the purchasing of any lands not exceeding in the whole forty acres, whether being within the local limits of the said benefice, curacy, living, or chapelry, or not, but so as that the same be situate convenient to such house so to be built, rebuilt, or purchased as aforesaid, such land so to be purchased being of freehold tenure, or copyhold of inheritance, or for life or lives, holden of any manor or lordship belonging to the same benefice, curacy, living, or chapelry ; and which lands so purchased shall for ever, from and after the grant and conveyance thereof, be and become annexed to and glebe of such benefice, living, curacy, or chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by such incumbent and his successors accordingly, without any licence or writ of ad quod damnum; and the whole or any part or parts of the said land which before such annexation were or was of copyhold tenure shall for ever from and after such annexation become and be of freehold tenure ; the Statute of Mortmain, or any other statute or law to the contrary notwithstand- ing ; subject nevertheless to the laws now in force or that may hereafter be in force in Ireland for exchanging of glebes. " CV. And whereas two or more benefices, vicarages, or curacies, may be con- tiguous, and of such small extent as that one church may be sufficient for the same, and the cure thereof may be conveniently attended by the same parson, vicar, or curate ; and it may happen that such benefices, vicarages, or curacies, are or shall be permanently united, and yet the whole value of such united benefices, vicarages, or curacies, may not amount to the clear yearly value of two hundred pounds, according to the valuation hereinbefore mentioned ; be it therefore declared and enacted by the authority aforesaid, that all and every the clauses and provisions in this act relative to the augmenting of single benefices, vicarages, or curaeies, or chapelries, shall extend and be construed to extend to all such united benefices, vicarages, and curacies, when the same do not in the whole amount to the clear yearly value of two hundred pounds as aforesaid. " CVI. And be it further enacted, that from and after the commencement of this act it shall and may be lawful for the said commissioners under this act, by instrument in writing under their corporate seal, by and with the consent of the lord lieutenant or other chief governor or governors of Ireland for the time being, and of his majesty's privy council in Ireland in council assembled, (six at least consenting,) and with the consent of the archbishop or bishop of the diocese, and of the respective patron or patrons, certified under his or their hand and seal or STATUTA GULIELMI IV. A.D. 1830—1837. 1569 hands and seals, attested by two or more credible witnesses subscribing thereunto, to divide any parish in Ireland, the average annual value whereof shall exceed eight hundred pounds, and to separate and disunite from such parish any townland, townlands, district, parcel or parcel of land, and all tithes, composition for tithes, dues, and ecclesiastical emoluments whatsoever, from such townland, townlands, district, parcel or parcels of land arising or to arise and payable to the eccclesiasti- cal incumbent of such parish, and thenceforth to annex and unite in perpetuity, by the same or a different instrument, any such townland, townlands, district, parcel or parcels of land, and all such tithes, composition for tithes, dues, and ecclesiastical emoluments whatsoever, therefrom arising or to arise, to any other adjoining parish or parishes the annual average value of which respectively shall not exceed two hundred pounds : provided nevertheless, that the annual value of any such parish so divided as aforesaid shall not by such division be in any case reduced below the sum of three hundred pounds. " CVII. And provided also, and be it enacted, that any such division of any parish shall take effect and come into operation upon the death or removal of any person who shall be the incumbent of any such divided parish at the time of the commencement of this act or at the time when such division shall be made as aforesaid, as the case may be, and not sooner ; and that then and for ever thereafter such townland, townlands, district, parcel or parcels of land, and all such tithe, composition for tithe, dues, and ecclesiastical emoluments whatsoever therefrom respectively arising or to arise, shall cease to be or to be deemed a part or parts of or annexed to such divided parish, and shall become and be and be deemed a part or parts of or annexed to such augmented parish or parishes, to all intents and purposes whatsoever. " CVIIL And be it further enacted, that it shall and may be lawful for the said commissioners, with such approbation and consent and in such manner as are here- inbefore last mentioned, to divide and separate the glebe belonging to any such parish so divided, and to grant a portion of such glebe to the incumbent of such divided portion of the parish or of such augmented parish, as the case may be, as and for a glebe for such parish, subject, however, to the laws now in force or that may hereafter be in force for the exchange of glebes ; and that all such divisions of glebes shall be good, firm, and valid in law ; and that such part or parts of such glebe as shall be so annexed shall be always deemed and taken to be the glebe or glebes of such parish or parishes to which the same shall be so annexed ; and that the incumbent or incumbents of such parish or parishes to which the same shall be so annexed shall hold and enjoy such part or parts of such divided glebe, being so annexed, in as full and ample a manner to all intents and purposes as if such part or parts of such glebe had been always held with and enjoyed as the glebe belong- ing to such parish or parishes to which the same shall be so annexed, any law or usage to the contrary notwithstanding. " CIX. And be it further enacted, that whenever any patron of any parish so to be divided as aforesaid shall happen to be a minor, idiot, lunatic, or feme covert, it shall and may be lawful for the guardian, committee, or husband of every such patron to consent to such division as aforesaid for such patron, and to certify his, her, or their consent under his, her, or their hand and seal or hands and seals, for such patron, who shall be bound thereby in such manner, and the same shall be as valid and effectual, as if he or she had been of full age, or sound mind, or feme sole, and had expressed such consent as aforesaid. " CX. And be it further enacted, that before any such division or augmentation of any parish or parishes as last aforesaid shall be made and concluded, the bounds of such parish or parishes shall be ascertained by instrument in writing in manner following ; (that is to say,) the said commissioners under this act, by instrument in writing under their seal, shall and may set out and describe the bounds of such parishes, and the several townlands or other parcels or denominations of lands which shall be cr mprised within such parishes respectively ; and a copy of such instrument shall, within fourteen days from the date thereof, together with a map and survey of the said parishes respectively, and a statement of the annual value of 5 H Stat. 3 & 4 Gul. 4, c. 37. [Ir.] Such division not to take effect until death of in- cumbent. Commissioners may divide also the glebe belonging to parishes so divided. Guardians, committees, &c. may con- sent. Bounds of parishes to be first ascer- tained, and map and statement of value trans- mitted to lord lieutenant, who shall confirm or alter same. 1570 STATUTA GULTELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 37. [IR.] Commissioners shall adjust proportions of crown rents, &c. to be paid by incumbents of divided parishes. Incumbent of divided parishes enti- tled to receive disbursements from next successor, as if parish had not been divided. Where assent of his majesty is required, assent of the lord lieutenant to be good. the same, and of such part or parts to be so separated and disunited from such divided parish as aforesaid be transmitted to the lord lieutenant or other chief governor or governors of Ireland in council, and the lord lieutenant or other chief governor or governors in council shall confirm or alter the bounds of such parish or parishes so set out and described in such instrument, as the circumstances of the case may seem to require, and shall order such instrument to be altered accord- ingly : provided always, that such instrument so altered by any such order, or if no order shall be made thereupon by the lord lieutenant or other chief governor or governors of Ireland in council within six weeks after the date of the transmission of the copy of such instrument to the council office in Dublin Castle, then such instrument as originally transmitted, shall be entered in the registry of the diocese, (for which entry the sum of thirteen shillings and four pence, and no more, shall be paid to the registrar,) and shall also be enrolled in the rolls office of the high court of Chancery in Ireland, for which enrolment the sum of thirteen shillings and four pence, and no more, shall be paid, over and above the expenses usually paid to the clerk for ingrossing the same. "CXI. And in order to prevent disputes which might arise upon the appor- tioning of any crown rents, port corn rents, pensions, procurations, synodals, and salaries payable to the schoolmasters of the diocesan schools by the several incum- bents of any such divided or augmented parish or parishes ; be it enacted, that it shall and may be lawful for the said commissioners under this act, and they are hereby empowered and directed, to settle and adjudge the proportions of crown rents, port corn rents, pensions, procurations, synodals, and the salaries of the said schoolmasters which the incumbents of any such divided parish and such aug- mented parish or parishes are respectively to pay ; which proportion, being so adjusted by an adjudication in writing under the seal of the said commissioners, and registered in the register book of the bishop of the diocese wherein such parishes are situate respectively, shall be the proportions which the incumbents of such divided and of such augmented parishes are respectively to pay, and shall be binding and conclusive upon the said several incumbents of such divided or aug- mented parish or parishes respectively, and their respective successors, any law or custom to the contrary notwithstanding. " CXII. And be it further enacted, that where any parish shall be divided in manner aforesaid, and that the incumbent of any such divided parish shall be entitled to receive any sum of money from his next successor in such parish, in case the same had not been divided, on account of any purchase of glebe, or addi- tion to the glebe, or of any buildings or improvements made on the glebe of such parish, or any money paid by him to his predecessor on such account, according to the laws in force for that purpose, such incumbent shall have and be entitled to receive from his next successor in that part of such divided parish within which such additional glebe shall be situate, or on which such buildings or improvements shall have been made, the same sum as he would have been entitled to receive if the said parish had not been divided, provided that the sum so to be received shall not exceed two years' income of that part of the parish; and such incumbent, having paid such proportion of the said money, shall be entitled to receive such proportion of the money so to be paid from his successors, according to the laws in force for that purpose, in such manner as he ought in case such parish had not been divided ; and it shall not be lawful for the said commissioners to divide any parish the incumbent whereof shall be liable to any such payment in such manner as that the sum to be paid by him shall exceed two years' income of the divided part of the parish in which such buildings or improvements shall be situated. " CXIII. Provided always, and be it further enacted, that where the assent of the king's majesty, his heirs or successors, is to be given to the making of any such division of any parish as aforesaid, or to the annexing or uniting a part or parts thereof to any adjoining parish or parishes as aforesaid, the assent of the lord lieu- tenant or other chief governor or governors of Ireland for the time being thereto, under his or their hand and seal or hands and seals, shall to all intents and pur- poses be as good, valid, and effectual in law as if the consent of his majesty, his STATUTA GULIELMI IV. A.D. 1830—1837. 1571 heirs or successors, were thereunto signified by letters patent under the great seal of Ireland ; provided always, that such consent of the lord lieutenant or other chief governor or governors of Ireland shall be enrolled in the rolls office of the high court of Chancery in Ireland, together with the instrument making and setting forth such division as aforesaid, for the enrolment of which consent the sum of three shillings and sixpence, and no more, shall be paid, over and above the expenses usually paid to the engrossing clerk for the same. " CXIV. And be it further enacted, that where any person or persons, other than the crown, or an archbishop or bishop, shall be patron or patrons of any living or parish so to be divided as aforesaid, or shall be entitled to present a clerk thereto upon any vacancy or turn thereof, it shall and may be lawful for the said commis- sioners under this act, if they shall think fit so to do, out of the surplus funds remaining in their hands, upon obtaining the consent of such patron or patrons to such division of any such parish as aforesaid, to pay unto such patron or patrons such sum or sums of money as the said commissioners shall think fit as a com- pensation for the diminution of the annual value of such living or parish, so that such sum or sums of money shall in no case exceed twelve years purchase of the annual sum by which the income or annual value of such divided parish shall be reduced by means of and in consequence of such division as aforesaid ; and such sum or sums of money shall be and become vested in and settled upon the same person or persons, and for and upon the same uses, estates, trusts, and limitations, and subject to the same powers, conditions, charges, and incumbrances as the advowson of or right of presentation to such divided parish was vested in, settled upon, or subject to, or would have been vested in, settled upon, or subject to, or as near thereto as the nature of the case may admit. " CXV. And be it further enacted, that where any person or persons, other than the crown, or an archbishop or bishop, shall be patron or patrons of any living or parish so to be augmented by the annexation thereto of any part of any such divided parish, or shall be entitled to present a clerk thereto upon any vacancy or turn thereof, it shall and may be lawful for the said commissioners under this act, and they are hereby directed and required, and shall be entitled to demand, take, and receive from such patron or patrons of any such augmented parish or parishes such sum or sums of money as shall be mutually agreed upon by and between such commissioners and the respective patron or patrons, or, in case of disagreement between them, shall be fixed and determined by three arbitrators, to be chosen in the same manner as in the case of arbitrators appointed for the settlement of differences between the said commissioners and parties applying for the purchase of perpetuities under this act, and under and subject to the like regulations, so far as the same are applicable ; which sum or sums of money so to be received by the said commissioners shall be added to the general funds of the said commissioners for the purposes of this act ; and in default of payment of such sum or sums of money to the said commissioners within six calendar months after a demand thereof by notice in writing shall have been made and served upon such patron or patrons, the said sum or sums of money shall be and become a charge or lien on such advowson or on the inheritance of the same, and be paid and payable to the said commissioners, with interest thereon, in priority to all other charges or incum- brances upon such advowson. " CXVI. And be it enacted, that whenever any benefice whereof the king shall be patron, or the right of presentation or collation whereto shall be in any arch- bishop, bishop, or other dignitary, or in any ecclesiastical corporation, shail, after the passing of this act, become void in any manner whatsoever, and that it shall appear to the commissioners under this act, by the certificate of the ordinary, that divine worship shall not have been celebrated therein for the three years next pre- ceding the first day of February one thousand eight hundred and thirty-three, then and in such case it shall be lawful for the said commissioners, if they shall so think fit, by an instrument under their corporate seal, to direct that the appointment, presentation, or collation of any clerk to such benefice shall be suspended until such commissioners shall think fit by a like instrument otherwise to direct ; and in the 5 H 2 Stat. 3 & 4 Gul. 4, c. 37. [Ik.] Commissioners may pay com- pensation to patrons in certain cases. Commissioners may require compensation in certain cases. Commissioners may suspend appointment of clerk to any benefice where divine worship shall not have been celebrated for three years. Tithes and 1572 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 37. [Ik.] profits of such benefice to vest in com- missioners. Application of them. Authorizing the appoint- ment of an officiating mi- nister in any unfilled bene- fice, or the occasional assistance of the minister of some adjoining parish. Archbishop or bishop to be associated with commissioners in determining upon suspen- sions or remo- vals of suspen- sions. St ttement to be made of reasons for such suspen- sions. Certain monies payable under meantime, and for and during such period as such benefice shall remain vacant, all and every the tithes, profits, and emoluments whatsoever belonging or appertaining thereto, and all arrears thereof which may have accrued due since the said benefice may have become void as aforesaid, shall be vested in and received by the said commissioners under this act, to be hy them applied to the building or repairing of the church and glebe house in the said benefice ; and if the circumstances of such benefice shall not require such application of the said funds, then to be paid into the general fund under the administration of the said commissioners ; and the said commissioners shall have all and every the like remedies for the recovery of such tithes, profits, and emoluments, and all arrears thereof, as any clerk filling such benefice might or would have, and shall be for all such intents and purposes in the place and stead of such a clerk ; and it shall and may be lawful for the said com- missioners and the archbishop or bishop associated with them, pursuant to the provi- sion hereinafter contained, in any case where the spiritual wants of any benefice so unfilled as aforesaid shall appear to require the appointment of an officiating minis- ter, so to declare, and to appoint such moderate stipend or salary to be paid to such officiating minister as they shall think proper, and thereupon the bishop of the diocese shall appoint and license a curate for the performance of ecclesiastical duties within such benefice for and during such period as the same shall remain unfilled ; and in case the spiritual wants of such benefice shall not appear to require the appointment of such curate, then and in such case, and for and during such period as aforesaid, the cure of souls, and all and every the occasional duty or duties within such benefice so remaining unfilled as aforesaid, shall be committed to the incum- bent or officiating minister of some adjoining parish, to be remunerated by a mode- rate stipend or salary, in like manner fixed by the said commissioners and the archbishop or bishop associated with them, such incumbent or minister to be nomi- nated and appointed by the ordinary, and whom such ordinary is hereby required to nominate and appoint at the request of the commissioners under this act, under such regulations as he may think fit to make ; and the ordinary shall, and is hereby required, when thereunto required by the commissioners under this act, to grant such certificate as aforesaid in all such cases as aforesaid ; and the said com- missioners shall, from and out of the tithes, profits, and emoluments of such bene- fice hereby vested in them, pay to the curate so appointed as aforesaid, or to the incumbent or officiating minister to whom the cure of souls and occasional duty shall have been committed, as the case may be, such stipend or salary as may have been fixed and determined in manner aforesaid. " CXVII. Provided always, and be it enacted, that whensoever the said com- missioners under this act shall propose to suspend the appointment, presentation, or collation to any benefice, under the power hereinbefore vested in them, or of removing such suspension if it shall have taken place, they shall in either of such cases give notice of such intention to the archbishop or bishop of the diocese in which such benefice shall be situate, unless he happen to be one of the said commissioners : and such archbishop or bishop shall be associated with the said commissioners in determining upon the propriety of directing or removing such suspension as aforesaid, and shall and may vote upon all questions relating thereto as if he were a commissioner, and be deemed and taken to be for such purpose or purposes a member of the said corporation of the ecclesiastical commissioners of Ireland. " C XVIII. Provided also, and be it further enacted, that in any case in which the said commissioners shall direct that the appointment, presentation, or collation of a clerk to any benefice shall be suspended, a full statement of the reasons on which such direction was founded, comprising the several particulars of the extent of such benefice, its annual value, the amount of the population, the number of protestants residing within it, the condition of the church and glebe house, if any, and the quantity of land belonging to it, shall be entered in a book to be kept for that purpose, and preserved among the records of the commission. " CXIX. And whereas by an act made in the parliament of the United King- dom, in the fifth year of the reign of his late majesty King George the Fourth, STATUTA GULIELMI IV. A.D. 1830-1837. 1573 intituled, * An Act to consolidate and amend the Laws for enforcing the Residence of Spiritual Persons on their Benefices, to restrain Spiritual Persons from carrying on Trade or Merchandize, and for the Support and Maintenance of Stipendiary Curates,' bishops are authorized and empowered to pay over certain sums therein mentioned to the trustees and commissioners of first-fruits in Ireland, for certain .purposes therein also mentioned ; be it therefore enacted, that all and every pay- ment made to the commissioners of this act, in the manner and form and for the purposes directed and specified by said recited act, with respect to payments to said trustees and commissioners of first-fruits, shall be as good, valid, and effectual to all intents and purposes ; and such sums, when paid, shall be applied by the com- missioners of this act for the purposes in said recited act mentioned, in the same manner as if such payments had been made to the said trustees and commissioners of first-fruits, and as if this act had not been passed. " CXX. And whereas the commissioners under this act may hereafter purchase houses not situate within the parishes for which they are purchased, but so near as to be sufficiently convenient and suitable for the residence of the officiating minister thereof ; be it therefore enacted, that such houses, having been previously approved by the bishop by writing under his hand and seal, and duly registered in the registry of the diocese, shall be deemed houses of residence appertaining to such benefices, to all intents and purposes whatsoever. " CXXI. And be it further enacted, that it shall and may be lawful for the commissioners of this act to lend and advance all and every such sum and sums of money, and to give such consents, and to do and perform such acts, matters, and things, and on such securities, and in such manner and form respectively, as by a iy statute or law in Ireland in force at the passing of this act the trustees and commissioners of first-fruits in Ireland might or were empowered or authorized to have lent and advanced, given and done, if this act had not been passed ; all which securities, loans, consents, acts, matters, and things, when made, entered into, given, and done, respectively shall be valid and effectual to all intents and purposes whatsoever, unless it is or shall be enacted or declared to the contrary or otherwise provided for by this act, or by any other act hereafter to be made ; and that all and every action or proceeding for breaches of covenant, or otherwise, which has been commenced, or which might at any time hereafter, if this act had not been made, have been taken, commenced, and carried on by the said trustees and commis- sioners of first-fruits in Ireland, shall and may be commenced, taken, and carried on at any time hereafter by the commissioners of this act, in the name of their secretary, as if they had been expressly named in any deed, covenant, agreement, writing, or security, or in any act or acts of parliament, on or under or by virtue whereof such action or proceeding might have been and shall be so commenced, taken, and carried on ; and that all and every sum and sums to be recovered in any such action or proceeding shall and may be applied and disposed of by the commissioners of this act to such of the purposes hereof as they in their discretion shall think fit; and that the commissioners of this act shall pay, satisfy, and discharge, out of the funds hereby vested in them, all debts legally due by said trustees and commissioners of first-fruits in Ireland, whether for and on account of salaries due to any of their officers, bills of costs, or otherwise, or any other account whatsoever, at the passing of this act, which said trustees and commissioners of first-fruits would have been bound to pay if this act had not been passed; and shall and may perform and execute all and every covenant, contract, or agreement lawfully entered into and made by the said trustees and commissioners before the passing of this act ; and shall do and perform all and every act, matter, and thing lawfully covenanted, agreed, or contracted to be done, performed, and executed by or on the part of said trustees and commissioners of first-fruits, and which the said trustees and commissioners would have been bound to perform, execute, and do, if this act had not been passed. " CXXII. And be it further enacted, that in case of any refusal or neglect of any archbishop, bishop, archdeacon, dean, prebendary, parson, vicar, curate, incum- bent, or other spiritual person as aforesaid, by whatever name called, known, or described, or any other person or persons whatsoever, to make or cause to be made Stat. 3 & 4 Gul. 4, c. 37. [I*-] 5 Geo. 4, c. 91, to be paid to commissioners of this act. House pur- chased by commissioners to be the house of residence. General powers of commis- sioners to do all acts which trustees of first-fruits could have done, if not otherwise pro- vided for; to bring actions: to pay debts; and to perform contracts. Mandamus maybe directed to persons making default. 1574 STATUTA GULTELMI IV. A.D. 1800—1837. Stat. 3 & 4 Gul. 4, c. 37. [Ik.] Punishment for perjury. Lord lieute- nant, with consent of archbishop, bishop, dean, &c. may dis- unite rectory, &c. from arch- bishopric, bishopric, deanery, &c. In case bishopric be reduced below 4000/. com- missioners to make up defi- ciency. any of the returns hereby required or directed to be made to the said commis- sioners of this act, or to do any act, matter, or thing hereby directed or required to be done by them or any of them, it shall be lawful for the court of King's Bench in Ireland to direct a writ of mandamus, or any other writ that may be necessary, to any such archbishop, bishop, archdeacon, dean, prebendary, or other spiritual or other person as aforesaid, to enforce the making such returns, or the performance of such acts, matters, and things, by such spiritual or other person as aforesaid, pursuant to this act. " CXXIII. And be it further enacted, that if any person, upon examination on oath or affirmation before the said commissioners of this act, or the commissioners to be named and authorized in and by any commission to be issued in pursuance of this act, or in any affidavit, deposition, or affirmation before any judge, baron of the Exchequer, vicar-general, surrogate, master or master extraordinary in Chan- cery, or justice of the peace, in any matter relating to the execution of this act, shall wilfully and corruptly give false evidence, or shall in any such affidavit, deposition, or affirmation wilfully and corruptly swear or affirm any matter or thing which shall be false or untrue, every such person so offending, and being thereof duly convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as by any law now or hereafter to be in force in Ireland any persons convicted of wilful and corrupt perjury are or may be subject and liable to. " CXXIV. And whereas several parishes, or the tithes or portions of tithes and glebes thereof, are appropriated or united to certain archbishoprics, bishoprics, deaneries, archdeaconries, dignities, prebends, or canonries; and it is expedient that the same should be disappropriated, disunited, and divested out of such arch- bishoprics, bishoprics, deaneries, archdeaconries, dignities, prebends, or canonries, and vested in the respective vicars or curates discharging the duties of the parishes in which the said benefices, tithes, or portions of tithes are respectively situate : and whereas the now Deans of Down and Raphoe freely consent that such arrange- ments as aforesaid should be made in respect of their several deaneries, and the parishes or tithes or portions of tithes and glebes appropriated or united thereunto ; be it therefore enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, and his majesty's privy council there, in the case of the said deaneries of Down and Raphoe, when and as they may so think fit, and in the case of any and every archbishopric, bishopric, or other deanery, or archdeaconry, dignity, prebend, or canonry, by and with the consent and approbation of the archbishop, bishop, dean, archdeacon, dignitary, prebendary, or canon thereof, or whensoever such archbishopric, bishop- ric, deanery, archdeaconry, dignity, prebend, or canonry shall be void, to disappro- priate, disunite, and divest any rectory, vicarage, tithes or portions of tithes, and glebes, or part or parts thereof, from and out of said deaneries of Down and Raphoe respectively, or from and out of any archbishopric, bishopric, or other deanery or archdeaconry, dignity, prebend, or canonry, and to unite any such rectory, vicar- age, tithes or portions of tithes to the vicarages and perpetual or other curacies of such parishes respectively, so that each such rectory, vicarage, tithes or portion of tithes, and glebes, or part or parts thereof, shall, with its respective vicarage, per- petual or other curacy, form a distinct parish or benefice : provided always, that whenever a vicarage or perpetual curacy to which any rectory, vicarage, tithes or portions of tithes, and glebes, or part or parts thereof, shall have been so united as aforesaid, shall have been previous to such union augmented either by the trustees and commissioners of first-fruits in Ireland, or by the said ecclesiastical commis- sioners, and that the whole of the net income of the benefice erected by such union as aforesaid shall exceed the sum of two hundred pounds, that then and in such case the said augmentation, or the portion thereof whereby the whole income of such benefice shall exceed the sum of two hundred pounds, shall cease and determine. " CXXV. Provided always, and be it enacted, that in case any bishopric shall by such means as aforesaid be reduced below the annual value of four thousand pounds, the said commissioners under this act shall, from and out of the funds vested in them by this act, pay to the bishop of such bishopric for the time bein^r STAT UTA GULIELMI IV. A.D. 1830—1837. J 575 such annual sum as may be necessary, at the time of disappropriating the said Stat. 3 & 4 tithes or portions of tithes or glebes, to make up such full annual value of four Gvl. 4, c. 37 thousand pounds. ^R'^ "•CXXVI. And be it further enacted, that whenever, pursuant to the provisions Patronage to aforesaid, any rectory, vicarage, tithes or portions of tithes, or glebe or portions be exercised by thereof, shall be united to any vicarage or perpetual curacy, then and in such case ^h^of ap^5 the right of presentation to such rectory, vicarage, or perpetual curacy, in any and pointment. every vacancy thereof happening at any time after such disappropriation and union as aforesaid, shall belong to and be exercised by the king's majesty, his heirs or successors, or by the archbishop, bishop, or other dignitary, or corporation or per- son having the right of grant, nomination, election, or appointment to the dignity, prebend, or canonry whereunto such rectory, vicarage, tithes or portions of tithes, or glebe or portion thereof, had, before such disappropriation, been united or annexed, and the dignitary, corporation, or person having the previous right of presentation to such rectory, vicarage, or perpetual curacy, in such turns or rota- tion and according to such manner as the lord lieutenant or other chief governor or governors and privy council of Ireland shall direct. " CXXVII. And whereas the duties of archbishops and bishops in Ireland will Archdeacons be, by the aforesaid unions and consolidations of dioceses, considerably increased : in Ireland to and whereas doubts have arisen whether archdeacons in Ireland can lawfully exer- nave same cise the same powers as may be exercised by archdeacons in England ; be it there- archdeacons m fore enacted by the authority aforesaid, that the several archdeacons in Ireland England, shall have and shall be deemed and taken to have and exercise all such powers, rights, authorities, privileges, and jurisdictions within their respective archdeacon- ries as any archdeacons in England have or may exercise within their respective archdeaconries by any law, statute, canon, or general custom in force in England. " CXXVIII. And whereas it is expedient that the tenants or lessees of the Tenants of lands of archbishops or bishops, ^and other sole ecclesiastical corporations, in Ireland, bishops' lands should be empowered to purchase a perpetual estate or interest in such lands and appljTfora premises ; be it therefore enacted, that from and after the commencement of this perpetuity act it shall and may be lawful for any tenant or tenants, lessee or lessees, holding therein, by or who shall hold under or by virtue of any lease or contract for term of twenty- notice to the one years, or for term of twenty-one years or three lives, or for three lives, or for un^^^act3 term of forty years, immediately from and under any archbishop or bishop, or other sole ecclesiastical corporation, in Ireland, any lands, premises, or heredita- ments belonging to the respective sees or other spiritual promotion or dignity of any such archbishop or bishop or other sole ecclesiastical corporation, to purchase the fee simple and inheritance of and in the said lands, premises, and hereditaments so held by him or them as aforesaid, in the manner and at the rate of purchase money, and subject to the perpetual annual rents, and to the provisos, restrictions, regulations, and conditions hereinafter mentioned; (that is to say,) that it shall and may be lawful for any such tenant or lessee, by notice in writing under his hand, to notify to the said commissioners under this act, and to such archbishop or bishop or other ecclesiastical person under whom such lands, premises, or here- ditaments are or shall be held, that he, such tenant or lessee, is ready and willing to purchase the fee simple and inheritance as aforesaid of and in the said lands, premises, or hereditaments so held by him under such archbishopric or bishopric, or other spiritual promotion or dignity, in the manner and pursuant to the provi- sions of this act ; and that thereupon the said commissioners shall and may, and they are hereby authorized and required, to ascertain the annual rent or rents now thereby reserved and payable by virtue of such lease or contract out of the said lands and premises, and the amount of the sum or sums of money theretofore paid or agreed to be paid as and for the fine or fines and fees for renewal of any such lease or interest of and in the said lands and premises, in the case of leases usually renewed every or every alternate or every third year, for and during the period of nine years next preceding the service of such notice; and in the case of leases usually renewed at longer intervals, and in the case of leases for lives, for and during such period as shall include the three last previous occasions of such 1576 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 37. [Ik.] Commissioners in ascertaining amount of annual rent shall not include any sum added thereto since 1 6th August, 1832. Commissioners shall estimate the average of renewal fines, and adding thereto the rent reserved on lease, declare the amount of the new rent to be reserved. Provision for ascertaining amount of renewal fines in certain cases. renewal ; and every such archbishop or bishop or other ecclesiastical person under whom the said lands and premises shall be held as aforesaid shall, upon being thereto required by the said commissioners by writing, certify to the said commis- sioners, by writing under his hand and seal, the amount of such annual rent, and every such fine and fines and fees so paid, or agreed to be paid, or usually paid or payable as aforesaid, for and during such period as aforesaid ; and that it shall and may be lawful for the said commissioners under this act, and they are hereby em- powered, if they shall so think fit, or shall be required by requisition under the hand and seal of the said archbishop or bishop or other ecclesiastical person, or tenant or tenants, lessee or lessees, to issue a commission under their seal to inquire into and ascertain the amount of such annual rent and such renewal fine or fines and fees as aforesaid so paid or payable, or agreed to be paid, or usually paid or payable as aforesaid, for and during the period aforesaid ; which commission shall issue in the same manner, and subject to the like rules and regulations, with the like powers, as is and are hereinbefore provided with respect to commissions directed to be issued for inquiring into the annual value of ecclesiastical benefices. " CXXIX. Provided always, and be it enacted, that it shall and may be lawful for the said commissioners, and they are hereby empowered and directed, in each and every case in which they shall proceed to ascertain the amount of the annual rent or rents reserved and payable out of the lands and premises in which the tenant, lessee, or assignee thereof shall be desirous to purchase the fee simple and inheritance as aforesaid, to inquire and ascertain whether any and what addition has been made to the rent or rents reserved and payable to any archbishop or bishop or other ecclesiastical person out of the said lands and premises since the sixteenth day of August, in the year one thousand eight hundred and thirty-two ; and in case it shall appear that the said yearly rent or rents has or have been increased since such period, and that such increase has been made in consequence of the change of the liability to the payment of the composition for tithes, then and in every such case the said commissioners shall separate the sum or sums which shall so appear to have been added on the aforesaid account to the yearly rent or rents theretofore usually reserved and payable out of such lands and premises, and shall not include such additional sum or rent in the rent to be reserved in any convey- ance of such lands and premises to be executed by them or him pursuant to this act ; and the said comissioners shall ascertain, by reference to the lease or contract made next before the reservation of such additional sum or rent, the annual and customary rent or rents, (penal rents or sums in the nature of penal rents excepted,) reserved and payable out of the said lands and premises ; and such annual and customary rent or rents shall be deemed and taken to be the annual rent reserved and payable out of such lands and premises. " CXXX. And be it further enacted, that when such rent or rents, and fine or fines and fees shall have been ascertained by any of the ways or means aforesaid, it shall and may be lawful for the said commissioners appointed under this act, and they are hereby directed, to take and estimate the yearly average of the renewal fine or fines theretofore paid or agreed to be paid or payable as aforesaid, which yearly average of the said fine or fines and fees, when so ascertained as aforesaid, together with and in addition to the yearly rent or rents theretofore reserved or made payable in and by such lease or contract as aforesaid, shall be the amount ot the annual rent to be thereafter reserved and made payable out of the said lands and premises to such archbishop or bishop or other ecclesiastical person, and his successors respectively, in and by the deed of conveyance hereinafter mentioned, subject only to such approval as hereinafter mentioned, and to such variation as may be made in the amount thereof according to the price of wheat or oats in any period of seven years, according to the provisions hereinafter mentioned. " CXXXI. Provided always, and be it enacted, that whenever it shall appear that such renewal fines and fees have not been regularly paid during any such period as aforesaid, it shall and may be lawful for the said commissioners under this act, and they are hereby empowered and directed, by all or any of the ways or means aforesaid, to ascertain the amount as well of the annual rent as STATUTA GULIELMI IV. A.D. 1830—1837. 1577 of the annual or other renewal fine or fines and fees which have been paid, Stat. 3 & 4 agreed to be paid, or payable, or which ought to have been paid in respect of GuL- 4» c. 37. the said lands and premises for and during such period as aforesaid, according ^Ir^ to the theretofore accustomed mode of renewing such lease or interest, and to take and estimate accordingly the yearly average of such annual or other fine or fines ; which said yearly average of such renewal fines, together with and in addition to the said annual rent or rents theretofore reserved and payable as aforesaid out of the said lands and premises, shall be the amount of annual rent to be reserved and made payable in and by the deed of conveyance or demise hereinafter mentioned, subject only to such approval as hereinafter mentioned, and subject to variation according to the price of wheat or oats, as hereinafter also provided ; and if it shall happen that no fine or fines have been paid or payable for renewing any such lease or interest as aforesaid for any such period, or any part of such period, preceding the service of such notice as aforesaid, that then in every such case it shall be lawful for the said commissioners to take and estimate the yearly average of such renewal fines and fees according to such proportion of the improved yearly value as may, by the custom of the diocese or other spiritual promotion or dignity under which the said lands and premises are held, have determined the amount of fines payable in respect of lands and premises held thereunder by like tenure and demise, (such improved yearly value to be ascertained by all such ways and means as the said commis- sioners shall think fit, or by the issuing of a commission as last aforesaid, and subject to the like rules and regulations as such commission last aforesaid,) or by reference to all the circumstances of the case, and to the amount of the tenant's beneficial interest in such lands and premises, according to their discre- tion, to fix, ascertain, and determine the yearly average of such renewal fines and fees ; which said yearly average, estimated, ascertained, and determined, in any such way or manner as aforesaid, shall, together with and in addition to the annual rent or rents theretofore reserved and payable out of the said lands and premises, be the amount of annual rent to be thereafter reserved and made pay- able out of the said lands and premises to such archbishop or bishops or other ecclesiastical person, and his and their successors respectively, in and by the deed of conveyance or demise hereinafter mentioned, subject only to such approval as hereinafter mentioned, and subject to variation according to the price of wheat or oats, as hereinafter provided. " CXXXII. Provided, and be it further enacted, that in the case of leases for Fines to be lives the said commissioners under this act shall compute the yearly average of computed on the renewal fines and fees in such manner as to them shall seem just with refer- average^ dura- ence to the average duration of lives and beneficial interests. " CXXXIII. And be it further enacted, that when and so soon as the said Notice to be annual rent so to be thereafter reserved and made payable out of the said lands given to bishop and premises to such archbishop or bishop or other ecclesiastical person, and b7 commis- his successors, shall have been ascertained and determined by the said commis- Sl0ners' sioners under this act, by any of the ways or means hereinbefore mentioned, the said commissioners shall, and they are hereby directed to notify by notice in writing to the said archbishop or bishop or other ecclesiastical person under whom the said lands and premises are or shall be held as aforesaid, and to the said tenant or lessee of the said lands and premises who shall bave applied to purchase the same as aforesaid, the amount of the said annual rent so ascertained to be thereafter reserved as aforesaid, together with the amount of purchase money, to be by the said commissioners computed as hereinafter mentioned and required, to be paid by the said tenant or lessee for the conveyance or demise of the said lands and premises as aforesaid. " CXXXIV. And be it further enacted, that whenever any tenant or tenants, Tenants of lessee or lessees, holding or who shall at any time hereafter hold, immediately lai.lds vested °y from and under the said commissioners under this act any lands, premises, or thls at. 3 & 4 . ., .. r Gul. 4, c. 37. arbitration. TTr. 1 "CXLV. And be it further enacted, that for the purpose of ascertaining the L -J respective amount of purchase money to be paid by any such tenant or lessee as ^8 aforesaid for the purchase of the fee-simple and inheritance of and in any such lands and premises as aforesaid, the said commissioners appointed under this act shall inquire and ascertain, by the issuing of a commission, with the like powers and authorities and subject to the like regulations as any other commission to be issued under this act, or by such other ways and means as to them shall seem fit, the full improved yearly value of the said lands and premises, such full and improved annual value to be taken and estimated according to the usual and accus- tomed mode of ascertaining and estimating the same by the archbishop or bishop or other ecclesiastical corporation sole in whose diocese or dignity or promotion such lands and premises shall be respectively situate, and shall estimate and compute, according to the best of their knowledge, skill, and ability, the value of the fee- simple and inheritance in such lands and premises, subject to the annual rent to be reserved and made payable thereout by the deed of conveyance to be executed in manner hereinbefore appointed ; and having estimated and computed the value of such fee-simple and inheritance, subject to such rent, the said commissioners shall deduct therefrom four pounds per centum on the amount thereof, and ascertain and declare the amount of such value so reduced ; and the said commissioners shall also estimate and compute the value of the interest in such lands and premises possessed by such tenant or tenants, lessee or lessees, under his, her, or their then subsisting lease, and shall determine and declare the difference between the value reduced by such per centage as aforesaid of such fee-simple and inheritance, sub- ject to the rent aforesaid, and the value of the interest possessed under such lease, which difference shall be the amount of purchase money to be paid by such tenant or tenants, lessee or lessees, for the perpetuity to be acquired under this act ; and the said commissioners shall insert such amount in the certificate of the terms of such purchase to be by them granted to such tenant or lessee as hereinbefore pro- vided : provided always, that in case any such tenant or lessee shall be dissatisfied with the amount of purchase money adjudged payable in manner aforesaid by the said commissioners, the matter shall be referred to three arbitrators, one to be appointed by the said commissioners, another by such tenant or lessee, and the third by the two arbitrators appointed as aforesaid, within ten days after notice in writing to be given by such commissioners, tenant, or lessee for that purpose ; and in case of the death or incapacity, or refusal to act of any or either of the said arbitrators, another shall be appointed in his stead by the party by whom or in whose behalf he was so appointed, or by the said two arbitrators appointed by the parties, as the case may be, within ten days next after notice thereof ; and the said arbitrators, or any two of them, shall and are hereby authorized and empowered, by actual survey or valuation, or by the examination of witnesses upon oath (which oath the said arbitrators are hereby empowered to administer), and by such other ways and means as they shall think proper, to compute, estimate, and deter- mine, in like manner as the aaid commissioners are hereinbefore directed, the amount of purchase money payable for the perpetuity to be acquired under this act, and to make their award therein by writing under their hands and seals, or under the hands and seals of any two of them ; and such award shall be binding upon the said commissioners, and they shall amend accordingly the certificate of the terms of the purchase to be by them granted to such tenant or lessee, or grant a new certificate in lieu thereof ; and the expenses of such arbitration shall be borne by the said commissioners, or by the said tenant or tenants or lessee or lessees, as such arbitrators shall direct. " CXLVI. And be it further enacted, that the said annual rent so reserved and Remedies for made payable by any such tenant or lessee or grantee out of or in respect of any recovery of such lands and premises, in any such deed or deeds of conveyance thereof as afore- reserved rents said, and every such revised and new annual rent as aforesaid, shall be recovered and recoverable by any such archbishop or bishop or other ecclesiastical person, 1584 STATUTA GU LI ELM I IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*-] Upon applica- tion of owner, the archbishop, &c. may ap- portion the yearly rent then charged on lands on parts of such lands only. and his successors, or by the said commissioners and their successors, as the case may be, by all or any of the ways, means, or remedies which, according to any law or statute now in force in Ireland or hereafter to be made, is or are or shall be provided for the recovery of any rent service upon any lease for life or for years executed by any landlord or person seised in fee-simple, and subject to all the like rules and regulations by statute or otherwise, any law, usage, or custom to the contrary notwithstanding : provided always, that if in any action of ejectment to be brought on account of the nonpayment of any such annual rent, pursuant to the statutes in force in Ireland as to nonpayment of rent, judgment shall be had and given for the plaintiff in such action, and execution shall have been executed, and such tenant, lessee, or grantee who shall have so purchased the fee-simple and inheritance as aforesaid of and in such lands and premises, his assignee or assignees, or the person or persons who shall be then entitled to his estate or interest therein, shall not, within six months from the time of such execution executed, do such act or acts or take such proceedings as are or shall be by law necessary for the redemp- tion of the said lands and premises from the said judgment and execution, pursuant to the said statutes, then and in every such case it shall and may be lawful for any tenant, under-tenant, or owner of any derivative lease, estate, or interest in the said lands and premises, who shall have contributed to the purchase of the fee- simple and inheritance as aforesaid, his assignee or assignees, within nine months after such execution executed, to do such act or acts or take such proceedings for the redemption of the said lands and premises from the said judgment and execu- tion, and for obtaining relief in respect of the same, as under the said recited statutes any mortgagee of a lease might do or take for the redemption of the said lease, or his estate or interest therein, from any judgmant and execution in any action of ejectment for nonpayment of rent, pursuant to the said statutes, and for obtaining relief in respect of the same, and with the like effect to all intents and purposes ; and after such redemption the sum or sums of money so paid or advanced for or on account of such redemption, and the costs thereof, shall be and be deemed a lien and charge upon such estate or interest of such tenant or person so failing or neglecting to pay the same, or to take such proceedings for such redemption as aforesaid, and shall be payable, with interest, to such person who shall have so paid or advanced such sum or sums, or obtained such redemption, or the same shall be recoverable by him (at his election) from such person so failing or neglecting as aforesaid, in and by any action of debt. " CXLVII. And be it further enacted, that it shall and may be lawful for any owner, his heirs, appointees, or assigns, at any time after the passing of this act, upon a division of the lands or premises held by him or them, either by sale or otherwise, (except by lease or demise at rack rent,) to make an application in writing to any archbishop or bishop or other ecclesiastical person under whom he or the}*- shall then hold the said lands or premises, or to the commissioners under this act in case the said lands and premises shall have been vested in and trans- ferred to the said commissioners, signifying the desire of such applicant that the yearly rent or rents then charged or to be charged on the said lands and premises by such deed of conveyance as aforesaid shall be divided and apportioned upon parts of the said lands and premises only ; and thereupon in each and every such case such archbishop or bishop or other ecclesiastical person, or the said commis- sioners, as the case may be, shall and he or they is and are hereby authorized and required to divide or apportion the whole or any part of the said yearly rent or rents as aforesaid in such manner and proportions as by such application may be required, regard being had to the security of the several parts or proportions of the said yearly rent or rents ; and in case of any disagreement in respect of such appor- tionment, then the same shall be made by one or more valuators, to be in all cases nominated by the said commissioners ; and the expense of such apportionment shall be in all cases defrayed by the party applying for the same ; and such arch- bishop or bishop or other ecclesiastical person, or the said commissioners, or, in case of such disagreement as aforesaid, such valuator or valuators shall declare what parts and proportions of the said yearly rent or rents respectively shall in \ STATUTA GULIELMI IV. A.D. 1830—1837. 1585 future be severally charged upon any part or parts of the said lands and premises, Stat. 3 & 4 and shall state the names and denominations, the numbers of acres, and the metes j^UL- 4» c- ^7. and bounds of each portion, and the amount of rent to be reserved and made pay- L R"-1 able out of each such portion respectively ; and after every such apportionment the yearly rents or sums so apportioned shall be reserved and be made and be payable in such parts and proportions, and chargeable only upon such proportions of the said lands and premises as shall be so declared to be liable to the payment thereof respectively ; and in case the said apportionment shall be made before the execu- tion of a conveyance of the fee-simple and inheritance, pursuant to this act, then and in every such case it shall and may be lawful for such archbishop or bishop, or for the said commissioners, to execute separate conveyances, in the manner herein before directed for executing conveyances, of each such part or proportion of the said lands and premises, subject only to the proportionate rent payable in respect thereof ; and in case a conveyance shall have been made or executed by such arch- bishop or bishop, or the said commissioners, of the said lands and premises, then and in every such case the said archbishop or bishop, or the said commissioners, shall execute, under his or their respective seal, a certificate setting forth the said apportionment, and the amount of the rent to be charged or chargeable upon each portion of the said lands and premises, and shall cause the same to be registered in the registry of the diocese wherein the said lands and premises shall be situate, and also to be enrolled in the rolls office of the high court of Chancery along with and annexed to the enrolment of the deed of conveyance of such lands and premises as aforesaid ; and after such registry and enrolment of such certificate the said lands and premises shall thenceforward stand and be charged and chargeable with the said yearly rent or sums in such parts and proportions only and in such manner as shall be specified in such certificate ; and a copy of such enrolment, duly compared and attested, shall be conclusive evidence of the amount of rent with which each respective portion of the said lands and premises stands charged and chargeable. " CXLVIII. And be it further enacted, that immediately upon the execution Lands com- of such deed of conveyance as aforesaid of the said lands and premises, under prised in new the provisions of this act, the said lands and premises in the said deed of con- veyance mentioned, and the estates or interests thereby so granted, shall there- upon respectively go to and be vested in, settled upon, and enjoyed by the same person or persons, for the like estate, estates, or interests, and to and upon the same uses, trusts, intents, and purposes respectively, (or as near thereto as the nature of each case and the difference of interest will admit,) as the said lands and premises stood settled or limited to, for, or upon, or such of them as at the time of making such conveyance shall be existing undetermined and capable of taking effect ; provided always, that the execution of such deed of conveyance as aforesaid shall operate as and be and be deemed to be, to all intents and pur- poses, a surrender of all and every the then previously subsisting term or terms of years, estate, or interest in the said lands and premises derived from or under such archbishop or bishop or other ecclesiastical person, or the said commissioners, as the case may be ; and the same and every of them shall thenceforth cease, determine, and be for ever extinguished. " CXLIX. And be it further enacted, that whenever any such tenant or lessee Tenant who shall have purchased and acquired as aforesaid the fee-simple and inheritance quiring perpe of and in such lands and premises previously held by him as immediate and superior tenant under such archbishop or bishop or other ecclesiastical person, or the said commissioners appointed under this act, shall, by virtue of any lease, covenant, or contract theretofore made or entered into, be bound to renew to any other person or persons any lease of any such lands and premises, either as often as such arch- bishop or bishop or other ecclesiastical person respectively shall renew the lease of such lands and premises to him such immediate superior tenant, or in any other manner, then and in every such case the conveyance of the fee-simple as aforesaid of and in the said lands and premises as aforesaid to such immediate and superior tenant, (or the payment from time to time of the annual rent out of the said lands and premises to the said archbishop or bishop or other ecclesiastical person, or to 5 I conveyances to be settled to former uses. tuity shall renew to infe- rior tenants when bound by toties quoties covenant. 1586 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*.] Contribution of inferior tenants, how- ascertained. Fine for renewal to be ascertained according to average price of wheat or oats. Persons having derivative estates shall contribute towards pur- chase money. the said commissioners respectively,) shall (so long as the said estate or interest thereby granted shall continue) in all courts of law and equity, and to all intents and purposes whatsoever, as to such under tenant or inferior tenant, or person or persons having any such derivative estate or interest, and being entitled to the benefit of such covenant or contract for renewal, and as to all other derivative estates or interests in the said lands and premises dependent upon such covenant, contract, or agreement for renewal, be and be deemed, taken, and construed to be a renewal by such archbishop or bishop or other ecclesiastical person, or otherwise, from time to time of the lease of such immediate and superior tenant, for the pur- poses of and within the true intent and meaning of such covenant, contract, or agreement for renewal as aforesaid. " CL. And be it further enacted, that when the fine to be paid upon the exe- cution of any such renewal as before mentioned shall have been, by such covenant, contract, or agreement for renewal, agreed to be a certain or ascertained proportion of or dependent upon the amount of the renewal fine to be paid by the immediate superior tenant of such lands to such archbishop or bishop or other ecclesiastical person as aforesaid, then and in such case, upon and after the completion of such purchase of the fee-simple of and in the said lands and premises as aforesaid, the amount of such proportion of such renewal fine payable by such under or inferior tenant shall be ascertained by reference to the amount of the average renewal fine payable previously to the said purchase, as appearing in the certificate of the said commissioners appointed under this act, registered in the registry of the diocese, and enrolled in the rolls office of the court of Chancery as aforesaid, ascertaining the amount of the average renewal fine payable by the immediate superior tenant of the said lands previously to such purchase and sale of the fee-simple and inhe- ritance therein as aforesaid, and in no other manner whatsoever. " CLI. Provided always, and be it further enacted, that such fine to be paid upon the execution of any such renewal as aforesaid shall be subject to such varia- tion as may be made in the amount thereof according to the price of wheat or oats in any period of seven years, according to the provisions hereinbefore contained, such variation to be applied for and ascertained in the like manner, and subject to like regulations, so far as the same are applicable, as hereinbefore provided in respect of the variation of the new rents to be reserved under this act. " CLII. And whereas such purchase of the fee-simple and inheritance of and in such lands by such immediate superior tenant of such archbishop or bishop or other ecclesiastical person, or the said commissioners, will, pursuant to the provi- sions hereof, enure to the benefit of all persons having derivative estates or interests in the said lands by virtue of leases containing covenants or contracts for renewal, and it is just that all persons having such derivative interests and claiming the benefit of the provisions of this act should contribute to the expense of such pur- chase ; be it therefore enacted, that whenever any such tenant of such lands, hold- ing the same immediately from and under such archbishop or bishop or other eccle- siastical person, or the said commissioners, shall have purchased the fee-simple and inheritance as aforesaid of and in the said lands and premises at a certain rate of purchase money as aforesaid, pursuant to the provisions of this act, and shall, after completing such purchase, be bound, under the provisions of this act, or otherwise, to renew any lease or leases of any of the said lands and premises to any under or inferior tenant, or any other person or persons, all and every such person and persons having any derivative estate or interest in the said lands and premises immediately or mediately from, through, or under such immediate superior tenant who shall have made such purchase as aforesaid, shall respectively contribute towards the amount of the purchase money thereof, or towards reimbursing and paying of a proportion of the same, each to his own next immediate landlord, according to the value of their respective interests, in manner following ; that is to say, it shall and may be lawful for such immediate superior tenant who shall have made such purchase as aforesaid, his executors and administrators, by notice in writing, to call upon and require all and every such his under or inferior tenant or tenants, or persons holding immediately from or under him, as shall be entitled STATUTA GULIELMI IV. A.D. 1830—1837. 1587 to any estate or interest in any of such lands and premises by virtue of any lease Stat. 3 & 4 ^ or contract containing any covenant or agreement for renewal of such estate or 9* L' 4> c- 3/* interest, to contribute respectively towards such purchase money in proportion to the value of his or their respective estate or interest in the said lands and premises, or any of them ; and in like manner it shall and may be lawful for any such under or inferior tenant or person holding the said lands and premises, or any of them, upon being served with such notice requiring from him such contribution as afore- said, by notice in writing to call upon and require all and every under or inferior tenant, or person or persons holding immediately from or under him respectively any of such lands and premises, by virtue of any lease or contract containing any covenant or agreement for renewal, to contribute, in proportion to the value of his or their respective interest, towards such sum of money to be paid as such contri- bution as aforesaid by such his or their next immediate landlord ; and so in like manner every under or inferior tenant of or person holding any of such lands and premises, upon being so called upon for any such contribution as aforesaid, may and is hereby empowered, by service of a notice in writing, to require a contri- bution in like manner from any tenant or person holding under him or them respec- tively under by virtue of any lease or contract containing any covenant or agree- ment for renewal. " CLIII. And be it further enacted, that it shall and may be lawful for any Disputes such immediate superior tenant of the said lands under such archbishop or bishop between supe- or other ecclesiastical persons, or the said commissioners, as the case may be, or n0j te£ants for any under or inferior tenant or other person as aforesaid having or claiming now to be ' any derivative estate or interest in any of the said lands and premises immediately determined, or mediately from, through, or under such superior tenant, under or by virtue of any lease or contract containing a covenant or agreement for renewal, in case any dispute or difference shall arise between them or any of them respectively as to the sum of money to be paid by any such inferior tenant to any such his next immediate landlord, or the person from whom he holds the said lands, or any of them, as and for a contribution towards such purchase money as aforesaid, or towards reimbursing to such his next immediate landlord or person from whom he holds as aforesaid, a proportion of the sums of money paid or payable by such his next immediate landlord as and for a contribution in respect of such purchase as aforesaid, or in case during the period of six calendar months from the service of any such notice as last aforesaid there shall be an omission or neglect by any of such parties or persons to agree with respect to any such contribution, or in case within such time no agreement shall be made with respect to the same, or in case any such dispute shall arise respecting any mortgage or sale of any land or pre- mises for raising any contribution money or part thereof, or respecting the variation of any fine, as hereinafter provided, according to the price of wheat or oats, or respecting the reservation of any additional and increased annual rent to be reserved in lieu or stead of any contribution under the provisions hereinafter contained, in any of such cases to present a petition to the high court of Chancery or court of Exchequer in Ireland, stating the premises respectively as the case may be, and praying the proper or necessary relief in relation to the said matters; whereupon it shall and may be lawful for such court, without requiring proof of any notice of such petition being given to or served upon any person or persons, to make an order referring the matter of such petition to one of the masters of the court of Chancery, or to the chief remembrancer of the court of Exchequer, as the case may be, directing such master or chief remembrancer to inquire and report con- cerning the said matters or any of them, as such court shall direct ; and thereupon it shall and may be lawful for the said master or chief remembrancer, as the case may be, to summon before him any of the said parties, or any person or persons, and to examine him or them, upon oath, respecting any of the matters so referred to him, and upon appearance of, or proof of service of notice of such petition and order upon, any such person or persons to be affected by such petition, to inquire and make his report concerning the said matter so referred to him, as in other cases of references to any such master or chief remembrancer under the orders of such 5 I 2 1588 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*.] Persons having derivative estates, and failing to pay contribution, shall forfeit right of re- newal. Tenants ena- bled to mort- gage, in order to raise pur- chase money; or to give a mortgage in lieu of money. respective courts ; to which report of such master or chief remembrancer it shall be lawful for any of the said parties to the said petition, or to be affected by it, to take an exception or exceptions as in other cases of exceptions taken to any reports of such master or chief remembrancer ; and upon the hearing of such report when not excepted to, or upon the hearing of such exceptions to such report when any such shall have been taken thereto, it shall and may be lawful for such court to make such order for the payment of such sum or sums of money by such person or persons as shall be found to be chargeable with the same by such report, or of such sum or sums of money by such person or persons as, upon exceptions taken to such report, the said court shall deem to be properly chargeable with the same, to be paid within three calendar months from the time of service of such order of the said court, in such manner as such court shall think fit, or such other order as the said court shall think fit ; and such order of such court shall be final and con- clusive, and without any appeal therefrom ; and the said court may order the costs of any such proceedings in relation to the said petition to be paid by or to any of the said parties respectively, as the said court shall think fit, which said order or orders shall and may be served either in the manner hereinafter provided, or in such other manner as the said court shall think fit to direct : provided always, that it shall and may be lawful for any such immediate superior tenant of such lands and premises, if he shall so think fit, to make all the tenants or persons having or claiming any derivative estate or interest in the said lands, whether immediately or mediately from, through, or under him by virtue of any covenant for renewal, parties to any such petition, for the purpose of having all the sums of money pay- able by or chargeable upon all and every of such persons in respect of any such contribution simultaneously ascertained. " CLIV. And be it further enacted, that if any such person or persons having or claiming any such derivative estate or interest in such lands and premises by virtue of any lease or contract containing any such covenant or agreement for renewal, having been served with any such notice calling on him or them for any such contribution as aforesaid, shall by writing decline or refuse to take or accept a renewal of such estate or interest, subject to the provisions of this act, or who being so served with any such order of such court as aforesaid, shall neglect or refuse to comply with the terms of such order for or during the period of three calendar months from the time of the service of such order as aforesaid, every such person so declining or refusing to take or accept such renewal as aforesaid, or neg- lecting or refusing to comply with such order as aforesaid, his or their heirs, exe- cutors, administrators, and assigns, and all other persons claiming under him, or claiming any benefit or interest under any such respective lease or contract con- taining such covenant or agreement for renewal, shall for ever thereafter be barred of and from all right, benefit, and advantage, in law or equity, in, of, and from such covenant or agreement for renewal, or to obtain any new lease of the said lands and premises respectively ; and every such person or persons, his or their heirs, executors, administrators, and assigns, and all persons claiming any benefit of such respective covenant or agreement for renewal, shall be thenceforth for ever barred from all relief in any court of law or equity in respect of any such covenant or agreement for renewal : provided always, that any such order of any such court as aforesaid shall and may be enforced by any of the ways or means by which any order pronounced by such court in any suit in equity upon a bill filed may be enforced, save only as against any person or persons who, being entitled to any such derivative estate or interest as aforesaid, shall have, by notice in writing, declined or refused to take or accept any renewal of such estate or interest. " CLV. And be it further enacted, that whenever it shall happen that any immediate and superior tenant of such lands, or any other tenant or person having any derivative estate or interest in such lands and premises immediately or medi- ately from, through, or under any such immediate superior tenant of such lands, (other than and except tenants at rack rent for years, or from year to year, or at will,) shall be unable or unwilling to pay or advance such sum or sums of money as shall be ascertained, agreed, or adjudged as aforesaid to be payable by any such STATUTA GULIELMI IV. A.D. 1830—1837. 1589 person or persons respectively for or on account of such purchase money or contri- Stat. 3 & 4 bution in respect of such purchase money as aforesaid, it shall and may be lawful ^ul. 4, c. 37. for any such persons, in lieu of paying or advancing any such sum or sums of R,J money respectively, or the whole amount thereof respectively, to grant to the per- son or persons respectively entitled to receive any such sum or sums of money, or to any other person or persons who shall be willing to advance such sum or sums of money, a mortgage of the said lands and premises so held or possessed by him or them respectively, or of their respective estate or interest therein, (subject never- theless to such annual rent as aforesaid, and to any head rent payable thereout,) for securing the payment of such sum or sums of money so to be paid by him or them respectively, with interest thereon at the rate of five pounds by the one hun- dred pounds sterling for a year, or for securing the payment of so much of such sum or sums of money as shall not be paid or advanced ; or (for the purpose of paying and satisfying such sum or sums of money, or raising money to pay and satisfy the same,) to sell and convey to such person or persons respectively entitled to receive such sum or sums of money, or to any other person or persons who shall be willing to advance such sum or sums of money upon the purchase thereof, and to their respective heirs, executors, administrators, and assigns, such part or parts of such lands and premises belonging to them respectively, or his or their respective estate or interest therein, (subject to such annual rent as aforesaid, and to any head rent payable thereout,) as shall be equivalent in value to such sum or sums of money so to be paid, or to such portion thereof as shall not be paid or advanced ; and any such mortgage, sale, or conveyance of any such lands and premises, or of any estate or interest therein, granted, made, or executed in manner and for the purposes aforesaid, and when the money (if any) raised thereby shall have been applied to the purposes aforesaid, shall (subject always to such annual rent as aforesaid, and to any such head rent as aforesaid,) have priority and precedence in law and equity, as against such granting and executing party, and ail persons claiming the same estate or interest, or claiming from, through, or under or after him, over all other charges and incumbrances or estates affecting the said lands and premises so mortgaged, sold, or conveyed, or affecting the estate and interest therein of the person or persons so granting such mortgage or executing such sale or conveyance ; and if any such mortgage, sale, or conveyance shall be made for the purposes aforesaid by any such immediate and superior tenant of such lands, in lieu of payment of such purchase money as aforesaid, the same shall be made or executed to or to the use of his majesty, his heirs and successors, or to any commis- sioners or persons by him or them appointed, to the use of his majesty, his heirs and successors : provided always, that the title of any of such lands and premises, when so mortgaged, sold, or conveyed to his majesty, his heirs or successors, shall not be impeached by reason of any defect therein whatsoever : provided also, that if any such mortgage, sale, or conveyance as hereinbefore mentioned, shall have been made or executed to the person or persons respectively entitled to receive any such contribution in respect of any such purchase money as aforesaid, the grant- ing, making, and executing the same shall be deemed a sufficient compliance with any order of any such court for payment of any such contribution by the person or persons making or executing such mortgage, sale, or conveyance as aforesaid, any thing herein contained to the contrary notwithstanding. " CLVI. And be it further enacted, that whenever any under or inferior tenant, Inferior or person or persons having or holding any derivative estate or interest immediately tenants autho- a- l l t u a i- • j • , . . Jc nzed to bind or mediately trom, through, or under, any such immediate or superior tenant ot tiiemseives to the said lands, by virtue of a lease or instrument containing a covenant or agree- pay an in- ment for renewal, shall be unable or unwilling to pay or advance either the whole creased rent or a certain portion of such sum of money as shall be agreed or ascertained or adjudged as aforesaid to be payable by him or them respectively for such contribu- tion, in respect of such purchase as aforesaid, it shall and may be lawful for the tenant or tenants, owner or owners, of such derivative estate or interest, at his or their election, (in lieu of paying or advancing such sum or sums of money for such contribution, and in lieu of mortgaging or selling a portion of such lands and pre- instead of contribution. 1590 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. [I*.] Such rents to be a charge on tenants' inte- rest, but liable to redemption. Tenants for life or other limited interest shall be first in- cumbrancers for monies mises, or his estate or interest therein as aforesaid,) to bind himself, his heirs, executors, administrators, and assigns, to pay for such lands and premises so held by him, to his next immediate landlord, or to the person or persons from or under whom he immediately holds the same, an additional annual rent over and above the annual rent to be otherwise reserved, payable by him or them for or in respect of the said lands and premises, such additional annual rent to be equal in amount to the annual legal interest, at the rate of six pounds per centum for a year, of such principal sum of money as shall be so ascertained or agreed or adjudged to be paid by such tenant or owner of such derivative estate or interest for or in respect of such contribution as aforesaid, or of such part of such principal sum as shall not have been paid or advanced ; and in such case it shall and may be lawful for such tenant or owner of such derivative estate or interest to give to his next immediate landlord, or the person or persons from or under whom he immediately holds the said lands and premises, a notice in writing, stating such his election to pay such additional annual rent as aforesaid, in lieu of paying or advancing the amount of such contribution money or a certain portion thereof. " CLVII. Provided always, and be it further enacted, that from the time of giving such notice as last aforesaid the said lands and premises or estate and interest so held by such under or inferior tenant or owner of such derivative estate or interest, and such under or inferior tenant or owner thereof, his heirs, executors, administrators, and assigns, shall be thenceforth, during the continuance of such estate or interest, or any renewal thereof, save as hereinafter mentioned, charged and chargeable with such additional annual rent, over and above any other annual rent payable by him or them to such his or their next immediate landlord, or to the person or persons from or under whom he or they shall hold the said lands and premises, such additional annual rent to be paid at the same times, in the same manner, and to such and the same persons, and to be recoverable by all the ways, means, and remedies, and subject to the same rules and regulations, as if the same were part of and added to such annual rent as aforesaid before payable, and had been made payable and reserved in and by the deed or instrument of renewal executed or to be executed as aforesaid to such under or inferior tenant or owner as aforesaid ; the first gale of such additional rent to be paid on the first gale day for payment of such other rent next after the giving of such notice ; provided that the making of such election, and the giving of such notice, and the payment of such additional rent by such under or inferior tenant or owner of such derivative estate or interest, shall be deemed and taken to be a sufficient compliance with any order as hereinbefore mentioned to be made by the court of Chancery or court of Exchequer for the payment of such contribution money as aforesaid by such tenant or owner of such derivative estate or interest : provided also, that it shall and may be lawful for such under or inferior tenant or owner of such derivative estate or interest, having served such notice as last aforesaid, and being liable to the pay- ment of such last-mentioned additional rent, to redeem the whole or any portion of such additional rent, by paying at any time thereafter to such his next immediate landlord of the said lands and premises, his executors or administrators, or assigns, the whole or any portion of such contribution money payable in respect of such derivative estate or interest, in manner following ; (that is to say,) that from such time when the whole or a portion of such contribution money shall be so paid as last aforesaid, the whole or so much of such additional rent as shall be equiva- lent to the interest of such sum of money so paid, at the rate of six pounds per centum for a year, shall cease and determine ; and the owner of such deriva- tive estate or interest, and his assigns, and such lands and premises so held by him or them, shall from the time of such payment cease to be liable to the pay- ment of the whole or of such portion of the said additional rent, as the case may be. " CLVIII. And be it further enacted, that if any person, who by reason of being possessed of an estate or interest in such lands, shall become liable to pay any part of such purchase money required for the purchase of the fee-simple and inheritance of and in such lands and premises, or such contribution money in respect of such purchase as aforesaid, and shall have paid or advanced the same or STATU T A GULIELMI IV. A.D. 1830—1837. 1591 such portion thereof as he was liable to pay as aforesaid, shall, by virtue of any Stat. 3 & 4 deed, will, instrument, contract, or otherwise, be seised or possessed of or entitled Gul. 4, c. 37. to only a limited interest as tenant for life, or other like limited interest, in such tlR«] lands and premises, or in such estate or interest therein, the executors and adminis- ^^nced by trators of any such tenant for life or person having such like limited interest, having so paid or advanced any such purchase money or contribution money in respect of such purchase, shall after his death, as against all persons claiming any charge, incumbrance, or estate, in or upon such derivative estate or interest, be the first incumbrancer or incumbrancers upon, and have the first charge or lien upon, such estate or interest in such lands and premises, (saving always such annual rent as aforesaid payable to such archbishop or bishop or other ecclesiastical persons, or the said commissioners, or other head rent payable out of the same,) for the amount of such sum of money so paid by him, together with legal interest thereon from the time of the decease of such tenant for life or person having such like limited interest : provided nevertheless that if any part of such principal sum of money so paid and advanced by such person shall be repaid or refunded to such person having such limited interest, his executors or administrators, by any under or inferior tenant of the said lands and premises, by way of contribution in respect of any such purchase under the provisions thereof, such charge, lien, or incumbrance shall be reduced by the amount of the sum so refunded or repaid as aforesaid. " CLIX. And be it further enacted, that for the purpose of raising such pur- Provision for chase money or contribution money in respect of such purchase as aforesaid, it shall cases of inca- and may be lawful for all bodies politic, corporate, and collegiate, corporations g^^nd those aggregate or sole, and all guilds, fraternities, and brotherhoods, whether corporate un(jer disa. or not corporate, and all trustees for charities or other public purposes, and all bility. joint stock companies, who are or shall be possessed of any estate or interest in any such lands or premises belonging to the see or other spiritual promotion or dignity of any archbishop or bishop, or other ecclesiastical persons, and also for any committee or curator of any idiot or lunatic, or of any person non compos mentis, and for any guardian of any infant, or for any person authorized to act for any incapacitated person, (which idiot, lunatic, non compos mentis, infant, or incapaci- tated person shall be possessed of or entitled to any estate or interest in any of the said lands and premises,) in the same manner as such persons might have done if not under any incapacity, and also for all trustees of any such lands and premises on behalf of the persons for whom they shall be trustees, and also for all persons having a limited interest in possession in any of such lands and premises as tenants for life, or such like limited estate, to contract or agree respectively as to the amount of any purchase money or contribution money in respect of such purchase to be paid as hereinbefore mentioned in respect of any such respective lands and premises, and to apply to or appear before any of the said courts as parties to any such petition or proceedings as hereinbefore mentioned, and to comply with and perform the orders of any of the said courts respecting any such contri- bution money or other matters ; and, (for the purpose of performing any such order, or for raising any such purchase money or contribution money, or for doing or performing such other matters or things as shall in such respective cases be necessary or proper under the provisions of this act,) also to make or execute any such sale or mortgage of the whole or a portion of such respective lands and pre- mises, or such respective interests or estates therein as shall be necessary or proper in each such case ; and also to agree for or cause to be reserved or recoverable out of such respective lands and premises, or such respective estates or interests, such additional annual rent as aforesaid as may be necessary or proper under the pro- visions of this act, in lieu of payment of any such contribution money ; and also to make, do, or execute, all other matters, acts, and things necessary or proper for the due performance of any of the said respective acts, or for complying with the pro- visions or executing the powers hereof in any respect, as to any such lands, in the same or in like manner, as nearly as the nature of each case will admit, as fully and effectually, to all intents and purposes, and subject to all the same rules and regulations, as, under the provisions hereof, any person of full age, being solely or 1592 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 37. [la.] Definition of terms in this act. For the renewal of leases held under sees whereof the temporalities may be vested in the com- missioners under this act. Where renewed leases appear to commissioners to be of greater or lesser value, allowance to be made ac- cordingly. If any differ- ence arise thereupon, the same shall be referred to arbitration. absolutely possessed of or entitled for his own use to any lease of any such lands, or any derivative estate or interest therein, might or could make, do, or execute, the same or any of them under the provisions of this act ; and that whenever in any of the provisions of this act relating to any such lands, in describing any tenant, landlord, or other person, a word importing the singular number or the masculine gender only be used, the same shall be understood to include and be applied to several persons as well as one person, and females as well as males, and to such bodies politic, corporate, or collegiate as aforesaid, and to such corporations aggregate or sole, guilds, fraternities, or brotherhoods, corporate or not corporate, trustees for charities or other public purposes, and trustees for any person or per- sons, as well as to individuals ; and that the word s landlord ' shall extend as well to any person or persons, body corporate, politic, or collegiate, or other body of persons entitled to receive any rent out of any of such lands and premises, as to persons usually or legally designated by such word ; and that the word ' tenant ' shall extend as well to any person or persons, body politic, corporate, or collegiate, or other body of persons, who shall be bound to pay any rent out of any of such lands and premises, as to persons usually or legally designated by such word, unless in any of the foregoing cases there be something in the subject or context repugnant to such construction. " CLX. And be it further enacted, that while and so long as any tenant or tenants, lessee or lessees, holding, or who shall at any time hereafter hold immedi- ately from and under the said commissioners under this act, any lands, premises, or hereditaments heretofore belonging or which shall hereafter belong to any bishopric united or hereafter to be united to any other archbishopric or bishopric, and which lands, premises, and hereditaments, or the reversions thereof, shall have been transferred to and vested in the said commissioners by virtue of this act, shall be desirous of holding such lands, tenements, and hereditaments by the like tenure as the same have been theretofore holden by, and shall from time to time, at such periods as the lease in such lands, tenements, or hereditaments may have been theretofore usually renewed, or ought to be renewed according to the customary manner of renewing the same, or within six months thereafter, apply for a renewal of such lease, the said commissioners under this act shall and may accept a surren- der of the then subsisting lease, and shall and are hereby required to demise anew the lands, tenements, or hereditaments therein contained for such like term or interest as may have been granted therein by the lease so surrendered, reserving by such new lease the annual rent or rents theretofore reserved out of the said lands, premises, and hereditaments by the lease so surrendered, and receiving for and in consideration of making such new lease payment of such a fine as may be equal to the average amount of the renewal fines theretofore paid or agreed to be paid, or customarily paid or payable for the renewal of the lease or interest in such lands, tenements, and hereditaments, such annual rent or rents and average amount of such renewal fines to be ascertained by all such and the like means as hereinbefore provided for ascertaining the same in the case of applications for the purchase of perpetuities under this act. " CLXI. Provided always, and be it enacted, that in case the value of any new lease or interest so to be granted as aforesaid shall at any time appear to the said commissioners to be increased or diminished in any manner whatsoever, it shall and may be lawful for the said commissioners to accept or require such greater or or lesser renewal fine or fines as in their judgment may be just and reasonable with regard to such increased or diminished value ; provided nevertheless, that if any difference as to the increase or reduction of such average renewal fine should arise between the said commissioners and the tenant or tenants, lessee or lessees claiming such renewal, the same shall be referred to the determination of three arbitrators, to be appointed in manner hereinbefore provided for the appointment of arbitrators to adjust differences between the said commissioners and tenants or lessees applying for the purchase of perpetuities under this act, and with the like powers and authorities so far as the same are applicable ; and the determination of such arbi- trators as to the amount of such increase or reduction of the said fine shall be STATUTA GULIELMI IV. A.D. 1830—1837. 1593 conclusive and binding upon all persons whomsoever ; and the expense of such Stat. 3 & 4 arbitration shall be borne by the said commissioners, or by the said tenant or Gul. 4, c. 37. tenants, or lessee or lessees, as such arbitrators shall direct. " CLXII. And be it further enacted, that it shall and may be lawful for any Archbishop, archbishop or bishop, or other ecclesiastical person, in any lease or demise of any &c- in anY lands or premises to be made by him in right of his see or other spiritual promo- pissing tion, after the passing of this act, or for the said commissioners, in any lease or 0f this act, demise to be made by them of any lands and premises vested in them pursuant to shall reserve the provisions of this act, to separate any additional rent or sum reserved in conse- f°rmer annual quence of the change in the liability to the payment of composition for tithes in eluding1 anyX" any lease or demise of any such lands and premises made by him or them since sum added the sixteenth day of August, one thousand eight hundred and thirty-two, from the thereto since former and customary annual rent or rents theretofore reserved and payable out of 1 August, such lands and premises, and to reserve such former and customary annual rent 18^2* or rents in any new lease or demise to be made thereof by him or them after the passing of this act. " CLXIII. And be it further enacted, that no lease or demise of any lands and No lease made premises to be made by any archbishop or bishop, or other ecclesiastical person, by any arch- after the passing of this act, or by the said commissioners of any lands and premises ^k°P^&c^ vested or which may hereafter be vested in them pursuant to this act, shall be mg of this ad" deemed or taken to be a letting, setting, or demising of any lands and premises shall be deemed within the meaning of an act passed in the second and third years of the reign of a lease within his majesty King William the Fourth, intituled, * An Act to amend three Acts, J&TguTV^ passed respectively in the fourth, fifth, and in the seventh and eighth years of the c j 1Q s0 Reign of His late Majesty King George the Fourth, providing for the establishing to entitle of Composition for Tithes in Ireland, and to make such Compositions permanent,' tenant to hold so as to entitle the lessee or tenant thereot to hold the said lands and premises free j.^s titlie" from the payment of tithes or composition for tithes. " CLXIV. And be it further enacted, that whenever any notice required to be Notices under given by this act, or whenever any service of any order or other proceeding of any tnis act, how court which shall be required or be necessary for carrying into effect any of the to be served- provisions of this act, cannot be given or delivered to or cannot be effected upon the party or person or persons to or for whom such notice is directed or intended, or upon whom such service is to be effected, it shall be sufficient for the party or per- son obliged to give such notice or effect such service to leave such notice, or a copy of such order or proceeding, at the last or most usual place of abode of such party or person or persons to or upon whom such notice is to be given or service effected, if the same shall be within Ireland, and if the same shall not be within Ireland, then to serve such notice or such copy upon the agent or receiver of the rents of such party or person or persons, and if such agent or receiver cannot be discovered, then it shall be sufficient to publish such notice, or to give notice of such order or proceeding, by publishing notice thereof three times in the Dublin Gazette, and also to give such notice to or make such service upon any principal occupier of any of the said lands and premises respectively to which such notice, order, or proceeding shall relate. " CLXV. And be it further enacted, that the said commissioners under this act Power for shall have power and authority, and are hereby empowered and authorized, from commissioners time to time to administer an oath to any person or persons who shall at any time to examine 011 give them information or be examined of or concerning any matter or thing relat- °ath* ing to the execution of this act, or any way concerning the several powers and trusts in them hereby reposed, and the due execution thereof. "CLXVI. And be it further enacted, that this act may be altered, amended, Act may be or repealed by any act or acts to be made in this present session of parliament. altered. " CLXVII. And be it further enacted, that the schedules (A) and (B) to this Schedules to act annexed shall be deemed and taken to be part thereof as fully and entirely to be taken as all intents and purposes as if inserted herein." part of act- 1594 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 37. . Schedules. [Ia.] Schedule (A), Part the First ; Containing the Yearly Tax to be imposed upon all Benefices, Dignities, and other Spiritual Promotions under the Rank of Bishoprics. Value of Benefice. Charge per cent. Value of Benefice. Charge per cent. Exceeding And not exceeding Exceeding And not exceeding £ £ £ s. d. £ £ £ s. d. 300 305 2 10 0 755 765 9 10 o 305 315 2 15 0 765 775 9 12 6 315 325 3 0 0 775 785 9 15 o 325 335 3 5 0 785 795 9 17 g 335 345 3 10 0 795 805 10 o o 345 355 3 15 0 805 815 10 2 Q 355 365 4 0 0 815 825 10 5 o 365 375 4 5 0 825 835 10 7 g 375 385 4 10 0 835 845 10 10 o 385 395 4 15 0 845 855 10 12 6 395 405 5 0 0 855 865 10 15 o 405 415 5 2 6 865 875 10 17 415 425 5 5 0 875 885 11 o o 425 435 5 7 6 885 895 2 6 435 445 5 10 0 895 905 j J 5 o 445 455 5 12 6 905 915 11 7 6 455 465 5 15 0 915 925 11 10 o 465 475 5 17 6 925 935 11 12 6 475 485 6 0 0 935 945 II 15 o 485 495 6 2 6 945 955 17 6 495 505 6 5 0 955 965 12 0 o 505 515 6 7 6 965 975 12 2 6 515 525 6 10 0 975 985 12 5 0 525 535 6 12 6 985 995 12 7 6 535 545 6 15 0 995 1005 12 10 0 545 555 6 17 6 1005 1015 12 12 6 555 565 7 0 0 1015 1025 12 15 0 565 575 7 2 6 1025 1035 12 17 6 575 585 7 5 0 1035 1045 13 0 0 585 595 7 7 6 1045 1055 13 2 6 595 605 7 10 0 1055 1065 13 5 0 605 615 12 6 1065 1075 13 7 6 615 625 7 15 0 1075 1085 13 10 0 625 635 7 17 6 1085 1095 13 12 6 635 645 8 0 0 1095 1105 13 15 0 645 655 8 2 6 1105 1115 13 17 6 655 665 8 5 0 1115 1125 14 0 0 665 675 8 7 6 1125 1135 14 2 6 675 685 8 10 0 1135 1145 14 5 0 685 695 8 12 6 1145 1155 14 7 6 695 705 8 15 0 1155 1165 14 10 0 705 715 8 17 6 1165 1175 14 12 6 715 725 9 0 0 1175 1185 14 15 0 725 735 9 2 6 1185 1195 14 17 6 735 745 9 5 0 exceeding 745 755 9 7 6 1195 15 0 0 No fractional part of a pound to be subject to this per-centage. STATUTA GULIELMI IV. A.D. 1830—1837. 1595 Schedule (A), Part the Second; Gvl.'I c. 37. Containing the Yearly Tax to be imposed upon all Archbishoprics and Bishoprics. [Ir.] Yearly Value. Yearly Tax. Where the yearly value shall not exceed £4000 £5 per centum. Where the yearly value shall exceed ,£4000 and shall not ex- ceed £6000 £1 Per centum. Where the yearly value shall exceed £6000 and shall not ex- ceed £8000 £10 per centum. Where the yearly value shall exceed £8000 and shall not ex- ceed £10,000 i£l2 per centum. Where the yearly value shall exceed £10,000 £15 per centum. Schedule (B). Bishoprics, when and as void, to be united to Archbishoprics and Bishoprics to which the Bi- other Bishoprics or Archbishoprics. shoprics becoming void are to be united. 1 Dromore Down and Connor. 2 Raphoe Derry. 3 Clogher Armagh. 4 Elphin Kilmore. 5 Killala and Achonry Tuam. 6 Clonfert and Kilmacduagh Killaloe and Kilfenora. 7 Kildare Dublin and Glandelagh. 8 Ossory Ferns and Leighlin. 9 Wateiford and Lismore Cashel and Emly. 10 Cork and Ross Cloyne. LXV. Stat. 3 & 4 Gulielmi 4, c. 41 (1). A.D. 1833. Stat. 3 & 4 "An Act for the better Administration of Justice in His Majesty's Privy **UL* 4' c* 41, Council." " Whereas by virtue of an act passed in a session of parliament of the second 2 & 3 Gul. 4, and third years of the reign of his present majesty, intituled, * An Act for trans- c* ^* ferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council,' it was enacted, that from and after the first day of February one thousand eight hundred and thirty-three, it should be lawful for every person who might theretofore, by virtue either of an act passed in the twenty-fifth year of the reign of King Henry the Eighth, intituled, 'The Sub- ^^en' 8' mission of the Clergy and Restraint of Appeals,' or of an act passed in the eighth g' c g year of the reign of Queen Elizabeth, intituled, ' For the avoiding of tedious Suits in Civil and Marine Causes,' have appealed or made suit to his majesty in his high court of Chancery, to appeal or make suit to the king's majesty, his heirs or suc- cessors, in council, within such time, in such manner, and subject to such rales, orders, and regulations for the due and more convenient proceeding, as should seem meet and necessary, and upon such security, if any, as his majesty, his heirs and successors, should from time to time by order in council direct ; and whereas, by letters patent under the great seal of Great Britain, certain persons, members of his majesty's privy council, together with others, being judges and barons of his majesty's courts of record at Westminster, have been from time to time appointed to be his majesty's commissioners for receiving, hearing, and determining appeals from his majesty's courts of Admiralty in causes of prize ; and whereas, from the decisions of various courts of judicature in the East Indies, and in the plantations, colonies, and other dominions of his majesty abroad, an appeal lies to his majesty in council ; and whereas matters of appeal or petition to his majesty in council have usually been heard before a committee of the whole of his majesty's privy council, who have made a report to his majesty in council, whereupon the final judgment or determination hath been given by his majesty ; and whereas it is oxpedient to make certain provisions for the more effectual hearing and reporting (1) Amended by Stat. 7 & 8 Vict. c. 69. 1596 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 41. Certain per- sons to form a committee, to be styled "The Judicial Com- mittee of the Privy Coun- cil." Appeals from Vice-Admi- ralty courts abroad, &c. to be made to the king in council. on appeals to his majesty in council and on other matters, and to give such powers and jurisdiction to his majesty in council as hereinafter mentioned ; be it therefore enacted by the king's most excellent majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the president for the time being of his majesty's privy council, the lord high chancellor of Great Britain for the time being, and such of the members of his majesty's privy council as shall from time to time hold any of the offices following, that is to say, the office of lord keeper or first lord commissioner of the great seal of Great Britain, lord chief jus- tice or judge of the court of King's Bench, master of the rolls, vice-chancellor of England, lord chief justice or judge of the court of Common Pleas, lord chief baron or baron of the court of Exchequer, judge of the Prerogative court of the Lord Archbishop of Canterbury, judge of the high court of Admiralty, and chief judge of the court in Bankruptcy, and also all persons, members of his majesty's privy council, who shall have been president thereof or held the office of lord chancellor of Great Britain, or shall have held any of the other offices hereinbefore mentioned, shall form a committee of his majesty's said privy council, and shall be styled, * The Judicial Committee of the Privy Council ;' provided nevertheless, that it shall be lawful for his majesty from time to time, as and when he shall think fit, by his sign manual, to appoint any two other persons, being privy councillors, to be mem- bers of the said committee. " II. And be it further enacted, that from and after the first day of June one thousand eight hundred and thirty-three, all appeals or applications in prize suits and in all other suits or proceedings in the courts of Admiralty, or Vice- Admiralty courts, or any other court in the plantations in America and other his majesty's dominions or elsewhere abroad, which may now, by virtue of any law, statute, commission, or usage, be made to the high court of Admiralty in England, or to the lords commissioners in prize cases, shall be made to his majesty in coun- cil (1), and not to the said high court of Admiralty in England or to such commis- (1) All appeals shall be made to his majesty in council: — Under this sta- tute, the judicial committee of the Privy Council are not empowered to make an order propria vigore, for the payment of alimony, until a husband shall obey its de- cree for restitution: thus, in Taylor v. Taylor, (2 Eccles. Notes of Cases, 174,) which was originally a suit for restitution of conjugal rights, commenced in the Con- sistory court of London, by Mrs. Eliza- beth Henrietta Taylor, against Mr. John Donnithorne Taylor, her husband; it ap- peared that, the parties were married in 1830, and cohabited till October, 1837, (six children being the issue of the marriage,) when the parties separated, the husband making the wife a liberal allowance. The following year, Mrs. Taylor brought the suit for restitution, which was met on the part of Mr. Taylor with a plea in bar, that she had withdrawn from his society without cause, and had brought a charge of adultery against him, and, well knowing it was entirely devoid of foundation, refused to retract it. The judge of the Consistory court rejected this allegation, which sentence was confirmed by the Arches court, the case being remitted. Pending the suit, Mr. Taylor was ordered to pay Mrs. Taylor 800/. a year alimony, which he did for some time, and the cause having come to hearing, the court decreed that Mr. Taylor should take his wife home, and treat her with conjugal affection. From this decree Mr. Taylor appealed to the queen in council , and also discontinued the payment of the 800/. a year, on the ground that, the wife having obtained a decree for restitution of conjugal rights, the suit was no longer pending, and she was no longer entitled to alimony. The appeal came on to be heard, February 10, when their Lordships aflirmed the decree of the court below, and subsequently, (July 7,) made an order, that the husband should continue to pay his wife alimony until he obeyed the decree by taking her home, &c, and decreed a monition against Mr. Taylor for payment of the arrears then due. Their lordships' order was served upon Mr. Tay- lor's solicitor and proctor, Mr. Taylor being abroad, out of the jurisdiction ; as also sub- sequent monitions issued by the Consistory court, but no attention had been paid to them. An application was now made to their lordships to pronounce Mr. Taylor in contempt, "in not having obeyed the said monitions, in order for process of sequestra- tion to issue against his estate, to enforce obedience thereto, under Stat. 2 & 3 Gul. 4, c. 93, s. 2." It was contended, that their lordships had authority to enforce their former order by pronouncing the husband in contempt, upon which an application would be made to the court of Chancery for a writ de contu- mace capiendo against the goods of the party. This was the only remedy the wife had in such a case. Stat. 2 & 3 Gul. 4, c. 93, which abolished the old writ de excommunicato ca- piendo, directed that the ecclesiastical court STATUTA GULIELMI IV. A.D. 1830—1837. 1597 sioners as aforesaid ; and such appeals shall be made in the same manner and form and within such time wherein such appeals might, if this act had not been passed, have been made to the said high court of Admiralty or to the lords commissioners in prize cases respectively ; and that all laws or statutes now in force with respect to any such appeals or applications shall apply to any appeals to be made in pur- suance of this act to his majesty in council. " III. And be it further enacted, that all appeals or complaints in the nature of appeals whatever, which, either by virtue of this act, or of any law, statute, or custom, may be brought before his majesty or his majesty in council, from or in respect of the determination, sentence, rule, or order of any court, judge, or judicial officer, and all such appeals as are now pending and unheard, shall, from and after the passing of this act, be referred by his majesty to the said judicial committee of his privy council, and that such appeals, causes, and matters shall be heard by the said judicial committee, and a report or recommendation thereon shall be made to his majesty in council for his decision thereon as heretofore, in the same manner and form as has been heretofore the custom with respect to matters referred by his majesty to the whole of his privy council or a committee thereof (the nature of such report or recommendation being always stated in open court). " IV. And be it further enacted, that it shall be lawful for his majesty to refer to the said judicial committee for hearing or consideration any such other matters whatsoever as his majesty shall think fit, and such committee shall thereupon hear or consider the same, and shall advise his majesty thereon in manner aforesaid. " V. And be it further enacted, that no matter shall be heard, nor shall any order, report, or recommendation be made, by the said judicial committee, in pur- suance of this act, unless in the presence of at least four members of the said com- mittee; and that no report or recommendation shall be made to his majesty unless a majority of the members of such judicial committee present at the hearing shall concur in such report or recommendation : provided always, that nothing herein con- tained shall prevent his majesty, if he shall think fit, from summoning any other of the members of his said privy council to attend the meetings of the said committee. " VI. And be it further enacted, that in case his majesty shall be pleased, by directions under his sign manual, to require the attendance at the said committee for the purposes of this act of any member or members of the said privy council who shall be a judge or judges of the court of King's Bench, or of the court of Common Pleas, or of the court of Exchequer, such arrangements for dispensing with the attendance of such judge or judges upon his or their ordinary duties during the time of such attendance at the privy council as aforesaid shall be made by the judges of the court or courts to which such judge or judges shall belong respectively in regard to the business of the court and by the judges of the said three courts, or by any eight or more of such judges, including the chiefs of the several courts, in regard to all other duties, as may be necessary and consistent with the public service. " VII. And be it enacted, that it shall be lawful for the said judicial committee, Stat. 3 & 4 Gul. 4, c. 4J All appeals from sentence of any judge, &c. to be re- ferred by his majesty to the committee, to report thereon. His majesty may refer any other matters to committee. No matter to be heard unless in presence of four members of the com- mittee. In case the king directs the attendance of any judge, a member of the committee, the other judges of the court to which he be- longs to make arrangements with regard to the business of the court. Evidence may should signify that the party was in con- tempt, and that thereupon a writ de contu- mace capiendo should issue ; and Stat. 3 & 4 Gul. 4, c. 41, constituting the judicial com- mittee, enacted that the queen in council should have the same powers as the ecclesi- astical courts in such cases. On the part of Mr. Taylor, it was urged, that one objection to their lordships' making such an order as was now prayed for was, that their lordships' former order was made in their own name, and by their own autho- rity, and was not an order of the queen in council, founded upon a report by their lord- ships. Admitting, therefore, that the statute gave the queen in council the same power as the ecclesiastical courts in such cases, their lordships had no such power propria vigore, and the former order, not having been con- firmed by her majesty, was irregular, and could not be enforced. Lord Brougham: "Their lordships are of opinion that this objection is well founded. The statute gives the power to the queen in council, and not to their lordships. The con- sequence would be, that such orders could not be made until a council was held at Windsor or Brighton, or wherever the court might be, when their lordships' report might be confirmed by her majesty. In the present case, the defect might be remedied by obtain- ing her majesty's confirmation of the former order." 1598 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 41. be taken viva voce, or upon written depo- sitions. Committee may order any particular wit- nesses to be examined, and as to any par- ticular facts, and may remit causes for rehearing. Witnesses to be examined on oath, and to be liable to punishment for perjury. Committee may direct an issue to try any fact; may, in certain cases, direct depositions to be read at the trial of the may make such orders as to the admis- sion of evi- dence as are made by the court of Chan- cery; and may direct new trials of Powers, &c. 13 Geo. 3, c. 63, and 1 of in any matter which shall be referred to such committee, to examine witnesses by word of mouth, (and either before or after examination by deposition,) or to direct that the depositions of any witness shall be taken in writing by the registrar of the said privy council to be appointed by his majesty as hereinafter mentioned, or by such other person or persons, and in such manner, order, and course, as his majesty in council or the said judicial committee shall appoint and direct ; and that the said registrar and such other person or persons so to be appointed shall have the same powers as are now possessed by an examiner of the high court of Chancery or of any court ecclesiastical. " VIII. And be it enacted, that in any matter which shall come before the said judicial committee it shall be lawful for the said committee to direct that such witnesses shall be examined or re-examined, and as to such facts as to the said committee shall seem fit, notwithstanding any such witnesses may not have been examined, or no evidence may have been given on any such facts in a previous stage of the matter ; and it shall also be lawful for his majesty in council, on the recommendation of the said committee, upon any appeal, to remit the matter which shall be the subject of such appeal to the court from the decision of which such appeal shall have been made, and at the same time to direct that such court shall rehear such matter, in such form, and either generally or upon certain points only, and upon such rehearing take such additional evidence, though before rejected, or reject such evidence before admitted, as his majesty in council shall direct ; and further, on any such remitting or otherwise, it shall be lawful for his majesty in council to direct that one or more feigned issue or issues shall be tried in any court in any of his majesty's dominions abroad, for any purpose for which such issue or issues shall to his majesty in council seem proper. " IX. And be it enacted, that every witness who shall be examined in pur- suance of this act shall give his or her evidence upon oath, or if a Quaker or Moravian upon solemn affirmation, which oath and affirmation respectively shall be administered by the said judicial committee and registrar, and by such other person or persons as his majesty in council or the said judicial committee shall appoint ; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjury, and shall be punished accordingly. " X. And be it enacted, that it shall be lawful for the said judicial committee to direct one or more feigned issue or issues to be tried in any court of common law, and either at bar, before a judge of assize, or at the sittings for the trial of issues in London or Middlesex, and either by a special or common jury, in like manner and for the same purpose as is now done by the high court of Chance v. " XI. And be it enacted, that it shall be in the discretion of the said judicial committee to direct that, on the trial of any such issue, the depositions already taken of any witness who shall have died, or who shall be incapable to give oral testimony, shall be received in evidence ; and further, that such deeds, evidences, and writings shall be produced, and that such facts shall be admitted, as to the said committee shall seem fit. " XII. And be it enacted, that it shall be lawful for the said judicial committee to make such and the like orders respecting the admission of persons, whether parties or others, to be examined as witnesses upon the trial of any such issues as aforesaid, as the lord high chancellor or the court of Chancery has been used to make respecting the admission of witnesses upon the trial of issues directed by the lord chancellor or the court of Chancery. " XIII. And be it enacted, that it shall be lawful for the said judicial committee to direct one or more new trial or new trials of any issue, either generally or upon certain points only ; and that in case any witness examined at a former trial of the same issue shall have died, or have, through bodily or mental disease or infirmity, become incapable to repeat his testimony, it shall be lawful for the said committee to direct that parol evidence of the testimony of such witness shall be received. " XIV. And whereas by an act passed in the thirteenth year of his late majesty King George the Third, and intituled, ' An Act for establishing certain Regula- tions for the better Management of the Affairs of the East India Company, as well STATUTA GU LI ELM I IV. A.D. 1830-1837. 1599 in India as in Europe,' and by an act passed in the first year of the reign of his present majesty, and intituled, 'An Act to enable the Courts of Law to order the Examination of Witnesses upon Interrogatories and otherwise,' certain powers are given to certain courts therein mentioned to enforce, and provisions are made for the examination of witnesses by commission upon interrogatories and otherwise ; be it therefore further enacted, that all the powers and provisions contained in the two last-mentioned acts, or either of them, shall extend to and be exercised by the said judicial committee in all respects as if such committee had been therein named as one of his majesty's courts of law at Westminster. " XV. And be it enacted, that the costs incurred in the prosecution of any appeal or matter referred to the said judicial committee, and of such issues as the same committee shall under this act direct, shall be paid by such party or parties, person or persons, and be taxed by the aforesaid registrar, or such other person or persons, to be appointed by his majesty in council or the said judicial committee, and in such manner as the said committee shall direct. " XVI. And be it further enacted, that the orders or decrees of his majesty in council made, in pursuance of any recommendation of the said judicial committee, in any matter of appeal from the judgment or order of any court or judge, shall be enrolled, for safe custody, in such manner, and the same may be inspected and copies thereof taken under such regulations, as his majesty in council shall direct. " XVII. And be it further enacted, that it shall be lawful for the said com- mittee to refer any matters to be examined and reported on to the aforesaid registrar, or to such other person or persons as shall be appointed by his majesty in council or by the said judicial committee, in the same manner and for the like purposes as matters are referred by the court of Chancery to a master of the said court ; and that for the purposes of this act the said registrar and the said person or persons so to be appointed shall have the same powers and authorities as are now possessed by a master in Chancery. "XVIII. And be it further enacted, that it shall be lawful for his majesty, under his sign manual, to appoint any person to be the registrar of the said privy council, as regards the purposes of this act, and to direct what duties shall be performed by the said registrar. "XIX. And be it further enacted, that it shall be lawful for the president for the time being of the said privy council to require the attendance of any witnesses, and the production of any deeds, evidences, or writings, by writ to be issued by such president in such and the same form, or as nearly as may be, as that in which a writ of subpcena ad testificandum or of subpcena duces tecum is now issued by his majesty's court of King's Bench at Westminster; and that every person dis- obeying any such writ so to be issued by the said president shall be considered as in contempt of the said judicial committee, and shall also be liable to such and the same penalties and consequences as if such writ had issued out of the said court of King's Bench, and may be sued for such penalties in the said court. " XX. And be it further enacted, that all appeals to his majesty in council shall be made within such times respectively within which the same may now be made, where such time shall be fixed by any law or usage, and where no such law or usage shall exist, then within such time as shall be ordered by his majesty in council ; and that, subject to any right subsisting under any charter or constitu- tion of any colony or plantation, it shall be lawful for his majesty in council to alter any usage as to the time of making appeals, and to make any order respecting the time of appealing to his majesty in council. "XXI. And be it further enacted, that the order or decree of his majesty in council on any appeal from the order, sentence, or decree of any court of justice in the East Indies, or of any colony, plantation, or other his majesty's dominions abroad, shall be earned into effect in such manner, and subject to such limitations and conditions, as his majesty in council shall, on the recommendation of the said judicial committee, direct ; and it shall be lawful for his majesty in council, on such recommendation, by order, to direct that such court of justice shall carry the same into effect accordingly, and thereupon such court of justice shall have the Stat. 3 & 4 Gul. 4, c. 41. Gul. 4, c. 22, with regard to examination of witnesses, applied to the judicial com- mittee. Costs to be in the discretion of the com- mittee. Decrees to be enrolled. Committee may refer matters to re- gistrar in same manner as matters are by- court of Chan- cery referred to a master. The king may appoint re- gistrar. Attendance of witnesses and production of papers, &c. may be com- pelled by sub- pcsna. Time of appealing. Decrees for courts abroad to be carried into effect as the king in council shall direct. 1600 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul. 4, c. 41. Act not tc abridge powers of privy council. His majesty may direct the East India Company to bring on appeals from the Sudder Dewanny Adawlut courts to a hearing. Orders made on such appeals to have effect notwithstand- death of par- ties, &c. His majesty empowered to make orders for regulating the mode, &c. of such ap- peals. His majesty empowered to appoint one of the barons of the court of Exchequer to sit in equity in the absence of the chief baron. same powers of carrying into effect and enforcing such order or decree as are possessed by or are hereby given to his majesty in council: provided always, that nothing in this act contained shall impeach or abridge the powers, jurisdiction, or authority of his majesty's privy council as heretofore exercised by such council, or in anywise alter the constitution or duties of the said privy council, except so far as the same are expressly altered by this act, and for the purposes aforesaid. " XXII. And whereas various appeals to his majesty in council from the courts of Sudder Dewanny Adawlut at the several presidencies of Calcutta, Madras, and Bombay in the East Indies, have been admitted by the said courts, and the tran- scripts of the proceedings in appeal have been from time to time transmitted under the seal of the said courts, through the united company of merchants in England trading to the East Indies, to the office of his majesty's said privy council, but the suitors in the causes so appealed have not taken the necessary measures to bring on the same to a hearing ; be it therefore further enacted by the authority afore- said, that it shall be lawful for his majesty in council to give such directions to the said united company and other persons for the purpose of bringing to a hearing before the said committee the several cases appealed or hereafter to be appealed to his majesty in council from the several courts of Sudder Dewanny Adawlut in the East Indies, and for appointing agents and counsel for the different parties in such appeals, and to make such orders for security and payment of the costs thereof, as his said majesty in council shall think fit ; and thereupon such appeals shall be heard and reported on to his majesty in council, and shall be by his majesty in council determined in the same manner, and the judgments, orders, and decrees of his majesty in council thereon shall be of the same force and effect, as if the same had been brought to a hearing by the direction of the parties appealing in the usual course of proceeding ; provided always, that such last-mentioned powers shall not extend to any appeals from the said courts of Sudder Dewanny Adawlut, other than appeals in which no proceedings have been or shall hereafter be taken in England on either side for a period of two years subsequent to the admission of the appeal by such court of Sudder Dewanny Adawlut. " XXIII. And be it enacted, that in any case where any order shall have been made on any such appeal as last aforesaid, the same shall have full force and effect notwithstanding the death of any of the parties interested therein ; but that in all cases where any such appeal may have been withdrawn or discontinued, or any compromise made in respect of the matter in dispute, before the hearing thereof, then the determination of his majesty in council in respect of such appeal shall have no effect. " XXIV. And be it further enacted, that it shall be lawful for his majesty in council from time to time to make any such rules and orders as may be thought fit for the regulating the mode, form, and time of appeal to be made from the decisions of the said courts of Sudder Dewanny Adawlut, or any other courts of judicature in India or elsewhere to the eastward of the Cape of Good Hope, (from the deci- sions of which an appeal lies to his majesty in council,) and in like manner from time to time to make such other regulations for the preventing delays in the making or hearing such appeals, and as to the expenses attending the said appeals, and as to the amount or value of the property in respect of which any such aDpeal may be made. " XXV. And whereas by an act of parliament passed in the fifty-seventh year of the reign of his majesty King George the Third, intituled, 4 An Act to facilitate the hearing and determining of Suits in Equity in His Majesty's Court of Exche- quer at Westminster,' it wras enacted that the lord chief baron of the said court for the time being should have power to hear and determine all causes, matters, and things which should be at any time depending in the said court of Exchequer as a court of equity, and that if the said lord chief baron of the court of Exchequer should by sickness or any other unavoidable cause be prevented from sitting on the equity side of the said court for the purposes in the said act mentioned, then it should and might be lawful for his majesty and his successors to nominate and appoint from time to time, by warrant under the royal sign manual, revocable at ST A TUT A GULIELMI IV. A.D. 1830—1837. 1G01 pleasure, any one other of the barons of the degree of the coif of the said court Stat. 3 & 4 for the time being, to hear and determine the causes, matters, and things in the GuL- 4» c- 41- said act mentioned ; and whereas by reason of the great increase of business on the common law or plea side of the said court of Exchequer the lord chief baron is prevented from giving so much time as heretofore to the sittings on the equity side of the said court, and the sittings on such equity side of the said court being neces- sarily suspended during the absence of the lord chief baron, great inconvenience is thereby sustained by the suitors and practitioners on the equity side of the said court ; and whereas the lord chief baron may by this act oecome.liable to the perform- ance of other additional duties unconnected with the said court of Exchequer, and it is desirable that the said court of Exchequer should sit as a court of equity without any unnecessary interruption, for the purpose of hearing and determining causes, matters, and things depending in the said court as a court of equity ; and whereas doubts have arisen whether or not the above-recited act extends to cases of the lord chief baron being prevented from sitting by the performance of judicial duties elsewhere ; be it therefore declared and enacted, that it shall aud may be lawful for his majesty and his successors to nominate and appoint from time to time by war- rant under the royal sign manual, revocable at pleasure, any one of the barons of the degree of the coif of the said court for the time being to hear and determine (on such days as the lord chief baron of the said court shall sit on the common law side of the said court during the term, or shall preside at the sittings at nisi prius in London or Middlesex after the term, or shall attend at the judicial com- mittee of his majesty's privy council under the provisions of this act) all causes, matters, and things which shall at any time be depending in the said court of Exchequer as a court of equity. " XXVI. And be it further enacted, that during the absence of the chief judge Two judges of in bankruptcy from the court of review established by virtue of an act passed in the court of the first and second year of his present majesty, intituled, 4 An Act to establish a baJ1^ru^cy t0 Court in Bankruptcy,' by reason of his attendance at the said judicial committee cnief judge of by virtue of this act, any two judges of the said court shall and may form a court the court of of review in bankruptcy, and shall and may make, do, and execute all orders, review during acts, matters, powers, and things whatsoever which by virtue of the said act the attendance judges of the said court or any three of them are authorized to make, do, or exe- j u.d.icia.1 com- cute, and in all respects whatsoever as if three of the said judges were present, mittee. except that nothing herein contained shall authorize any two judges of the said court to hear and determine any matter brought under the review of the said court by way of appeal from the determination or decision of any commissioner or sub- division court appointed by virtue of the said act. M XXVII. And be it further enacted, that all the clauses and provisions con- Powers of act tained in the said act of parliament which relate to the baron nominated and 57 Geo. 3. appointed under that act shall apply and be extended to the baron nominated and extended to appointed under the authority of this act. s act* " XXVIII. And be it enacted, that the said judicial committee shall have and Power of enjoy in all respects such and the same power of punishing contempts and of com- enforcing pelhng appearances, and that his majesty in council shall have and enjoy in all decrees* respects such and the same powers of enforcing judgments, decrees, and orders, as are now exercised by the high court of Chancery or the court of King's Bench, (and both in personam and in rem,) or as are given to any court ecclesiastical by an act of parliament passed in a session of parliament of the second and third years of 2 & 3 Gui. 4, the reign of his present majesty, intituled, ' An Act for enforcing the Process upon c- 93> Contempts in the Courts Ecclesiastical of England and Ireland ;' and that all such powers as are given to courts ecclesiastical, if of punishing contempts or of compel- ling appearances, shall be exercised by the said judicial committee, and if of enforcing decrees and orders shall be exercised by his majesty in council, in such and the same manner as the powers in and by such act of parliament given, and shall be of as much force and effect as if the same had been thereby expressly given to the said committee or to his majesty in council. " XXIX. And be it further enacted, that, subject to such orders as his majesty Registrar of 6 K 1602 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 41. court of Ad- miralty may attend the said judicial com- mittee. Retired judges attending the judicial com- mittee to receive an allowance. Nothing herein shall prevent the king's acceding to treaties ap- pointing cer- tain persons to hear prize appeals. in council shall from time to time make, it shall be lawful for the present registrar of the high court of Admiralty, if he shall so think fit, either in person or by deputy, to attend the hearing by the said judicial committee of all causes and appeals which, but for this act or the said last-mentioned act, would have been heard by any court or commission which such registrar was entitled to attend, in person or by deputy, by virtue of his offices of registrar of the high courts of Admiralty, Delegates, and Appeals for prizes, and likewise, subject to any order of his majesty in council, to transact, perform, and do all acts, matters, and things that shall be found necessary, or have heretofore been done by the said registrar or his deputies in respect of such causes and appeals. " XXX. And be it enacted, that two members of his majesty's privy council who shall have held the office of judge in the East Indies or any of his majesty's dominions beyond the seas, and who, being appointed for that purpose by his majesty, shall attend the sittings of the judicial committee of the privy council, shall severally be entitled to receive over and above any annuity granted to them in respect of having held such office as aforesaid, the sum of four hundred pounds for every year during which they shall so attend as aforesaid, as an indemnity for the expense which they may thereby incur ; and such sum of four hundred pounds shall be chargeable upon and paid out of the consolidated fund of the United King- dom of Great Britain and Ireland. "XXXI. Provided always, and be it enacted, that nothing herein contained shall be held to impeach or render void any treaty or engagement already entered into by or on behalf of his majesty, or be taken to restrain his majesty from acced- ing to any treaty, with any foreign prince, potentate, or power, in which treaty it shall be stipulated that any person or persons other than the said judicial commit- tee shall hear and finally adjudicate appeals from his majesty's courts of Admiralty in causes of prize, but that the judgments, decrees, and orders of such other person or persons so appointed by treaty shall be of the same force and effect of which they would respectively have been if this act had not been passed." Stat. 3 & 4 Gul. 4, c. 42. Plaintiff in scire facias, and plain tiff or defendant on demurrer, to have costs. LXVI. Stat. 3 & 4 Gulielmi 4, c. 42. A.D. 1833. "An Act for the further Amendment of the Law, and the better Advancement of Justice.'''' "XXXIV. And be it further enacted, that in all writs of scire facias, the plaintiff obtaining judgment on an award of execution shall recover his costs of suit upon a judgment by default as well as upon a judgment after plea pleaded or demurrer joined ; and that where judgment shall be given either for or against a plaintiff or demandant, or for or against a defendant or tenant, upon any demurrer joined in any action whatever, the party in whose favour such judgment shall be given shall also have judgment to recover his costs in that behalf." Stat. 3 & 4 Gol. 4, c. 45. LXVII. Stat. 3 & 4 Gulielmi 4, c. 45. A.D. 1833. "An Act to declare valid Marriages (1) solemnized at Hamburgh since the Abolition of the British Factor]/ there." " Whereas the British factory at Hamburgh was dissolved, and the privileges thereof abolished, in the year one thousand eight hundred and eight : and whereas divers marriages of subjects of this realm resident in Hamburgh have since the abolition of the said factory and privileges been solemnized there by the chaplain appointed by the Lord Bishop of London, or some minister of the church of England officiating instead of such chaplain, in the British episcopal chapel, and in (1) Valid Marriages : — It has been pre- viously observed (ante 1243), that the vali- dity of a marriage celebrated in a foreign country, must be determined in an English court by the lex loci, where the marriage is solemnized. Lacon v. Hir/r/ins, D. & R. N. P. C. 38. 3 Stark. N. P. C. 178. But the lex loci contractus as to marriage, will not prevail' if either of the contracting parties be under a legal incapacity by the law of the domicil. Conway v.Beazley, 3 Hagg. 639. Vide Stephens on Nisi Prius, tit. Adultery, 18. STATUTA GULIELMI IV. A.D. 1830—18:37. 1G03 private houses in that city, before witnesses, according to the rites of the church of Stat. 3 & 4 England : and whereas it is expedient that no doubts should hereafter arise as to Gul. 4, c. 45. the validity of such marriages : may it therefore be declared and enacted ; and be it declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same, that all marriages of parties Marriages subjects or parties one of them being a subject of this realm, which have been legally solem- solemnized at Hamburgh since the abolition of the British factory there, by the mzedat Ham. chaplain appointed by the Lord Bishop of London, or by any ministers of the the abolition church of England officiating instead of such chaplain, in the episcopal chapel of of factory the said city, or in any other place, before witnesses, according to the rites of the there declared church of England, shall be good and valid in law to all intents and purposes as if vand" the same had been solemnized in the British factory at Hamburgh before the abolition thereof." LXVIII. Stat. 3 & 4 Gulielmi 4, c. 49 (1). A.D. 1833. 'An Act to allow Quakers and Moravians to make Affirmation in all Cases where an Oath is or shall be required." Stat. 3 & 4 Gul. 4, c. 49. LXIX. Stat. 3 & 4 Gulielmi 4, c. 70. A.D. 1833. "An Act to alter and amend an Act of the forty-first year of His Majesty King George the Third, for the better Regulation of Public Notaries in England" " Whereas by an act passsed in the forty-first year of the reign of his late majesty King George the Third, intituled, 6 An Act for the better Regulation of of Public Notaries in England,' it is enacted, that after the first day of August, one thousand eight hundred and one, no person shall be sworn, admitted, and enrolled as a public notary unless such person shall have been bound by a contract in writing or by indenture of apprenticeship to serve as a clerk or apprentice for the term of not less than seven years to a public notary, or a person using the art and mystery of a scrivener, (according to the privilege and custom of the city of London, such scrivener being also a public notary,) duly sworn, admitted, and enrolled, and shall have continued in such service for the said term of seven years ; and certain other enactments are contained in the said act, regulating the admission and prac- tice of notaries public : and whereas the provisions of the said act are in their operation found to be extremely inconvenient in some places distant from the city of London ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act so much of the said recited act as requires that persons to be admitted notaries public shall have served a clerkship or apprenticeship for seven years, as hereinbefore mentioned, shall, so far as the same affects persons being attorneys, solicitors, or proctors admitted as hereinafter mentioned, be limited and confined to the city of London and liberties of Westminster, the borough of South wark, and the circuit of ten miles from the Royal Exchange in the said city of London. " II. And be it further enacted, that from and after the passing of this act it shall and may be lawful for the master of the court of Faculties of his grace the Lord Archbishop of Canterbury in London from time to time, upon being satisfied as well of the fitness of the person as of the expediency of the appointment, to appoint, admit, and cause to be sworn and enrolled in the said court of Faculties any person or persons residing at any place distant more than ten miles from the Royal Exchange in the said city of London who shall have been previously admitted, sworn, and enrolled an attorney or solicitor in any of the courts at Westminster, or who shall be a proctor practising in any ecclesiastical court, to be a notary public or notaries public to practice within any district in which it shall Stat. 3 & 4 Gul. 4, c. 70. 41Geo.3,c.79. Recited act limited to London and ten miles thereof Attorneys may be admitted as notaries out of those limits. (1) Vide Stat. 1 & 2 Vict. c. 77. o K 2 1604 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 70. Not to autho- rize notaries appointed thereby to act in London or within ten miles thereof. Notary ad- mitted under this act, prac- tising out of his district, to be struck off the roll of faculties. have been made to appear to the said master of the court of Faculties that there is not (or shall not hereafter be) a sufficient number of such notaries public admitted or to be admitted under the provisions of the said recited act for the due conve- nience and accommodation of such district, as the said master of the court of Faculties shall think fit, and not elsewhere'; any law or usage to the contrary notwithstanding. " III. Provided always, and be it further enacted, that nothing herein contained shall extend to authorize any notary who shall be admitted by virtue of this act to practice as a notary, or to perform or certify any notarial act whatsoever, within the said city of London, the liberties of Westminster, the borough of Southwark, or within the circuit of ten miles from the Royal Exchange in the said city of London. "IV. Provided always, and be it further enacted, that if any notary admitted by virtue of this act shall/practise as a notary, or perform or certify any notarial act whatsoever, out of the district specified and limited in and by the faculty to be granted to him by virtue of this act, or within the city of London, the liberties of Westminster, the borough of Southwark, or the circuit of ten miles from the Royal Exchange in London aforesaid, then and in every such case it shall be lawful for the said court of Faculties, on complaint made in a summary way, and duly verified on oath, to cause every such notary so offending to be struck off the roll of faculties, and every person so struck off shall thenceforth for ever after be wholly disabled from practising as a notary or performing or certifying any notarial act whatsoever, anything herein contained to the contrary notwith- standing." Stat. 3 & 4 Gul. 4, c. 82. LXX. Stat. 3 & 4 Gulielmi 4, c. 82. A.D. 1833. "An Act to allow the People called Separatists to make a solemn Affirmation and Declaration instead of an Oath" Stat. 3 & 4 Gul. 4, c. 85. Respecting the inconvenient extent of the diocese of of Calcutta. If the king erects bishop- rics of Madras and Bombay, certain salaries to be paid to the bishops. Such salaries to commence from time of taking office, and to be in lieu of all fees, &c. LXXI. Stat. 3 & 4 Gclielmi 4, c. 85. A.D. 1833. "An Act for effecting an Arrangement with the East India Company, and for the better Government of His Majesty* s Indian Territories, till the thirtieth day of April, One thousand eight hundred and fifty-four? " LXXXIX. And whereas the present diocese of the bishopric of Calcutta is of too great an extent for the incumbent thereof to perform efficiently all the duties of the office without endangering his health and life, and it is therefore expedient to diminish the labours of the bishop of the said diocese, and for that purpose to make provision for assigning new limits to the diocese of the said bishop, and for founding and constituting two separate and distinct bishoprics, but nevertheless the bishops thereof to be subordinate and subject to the Bishop of Calcutta for the time being, and his successors, as their metropolitan ; be it therefore enacted, that in case it shall please his majesty to erect, found, and constitute two bishoprics, one to be styled the bishopric of Madras, and the other the bishopric of Bombay, and from time to time to nominate and appoint bishops to such bishoprics under the style and title of Bishops of Madras and Bombay respectively, there shall be paid from and out of the revenues of the said territories to such bishops respec- tively the sum of twenty-four thousand sicca rupees by the year. " XC. And be it enacted, that the said salaries shall commence from the time at which such persons as shall be appointed to the said office of bishop shall take upon them the execution of their respective offices ; and that such salaries shall be in lieu of all fees of office, perquisites, emoluments, or advantages whatsoever ; and that no fees of office, perquisites, emoluments, or advantages whatsoever shall be accepted, received, or taken by such bishop or either of them, in any manner or on any account or pretence whatsoever, other than the salaries aforesaid, and that such bishops respectively shall be entitled to such salaries so long as they shall respectively exercise the functions of their several offices in the British territories aforesaid. STATUTA GULIELM1 IV. A.D. 1330-1837. 1G05 " XCI. And be it enacted, that the said court of directors shall and they are required to pay to the bishops so from time to time to be appointed to the said bishoprics of Madras and Bombay, in case they shall be resident in the United Kingdom at the time of their respective appointments, the sum of five hundred pounds each, for the purpose of defraying the expenses of their equipments and voyage. "XCII. Provided always, and be it enacted, that such bishops shall not have or use any jurisdiction, or exercise any episcopal functions whatsoever, either in the said territories or elsewhere, but only such jurisdiction and functions as shall or may from time to time be limited to them respectively by his majesty by his royal letters patent under the great seal of the said United Kingdom. " XCIII. And be it enacted, that it shall and may be lawful for his majesty from time to time, if he shall think fit, by his royal letters patent under the great seal of the said United Kingdom, to assign limits to the diocese of the bishopric of Calcutta and to the dioceses of the said bishoprics of Madras and Bombay respec- tively, and from time to time to alter and vary the same limits respectively, as to his majesty shall seem fit, and to grant to such bishops respectively within the limits of their respective dioceses the exercise of episcopal functions, and of such eccle- siastical jurisdiction as his majesty shall think necessary for the superintendence and good government of the ministers of the united church of England and Ireland therein. " XCIV. Provided always, and be it enacted, that the Bishop of Calcutta for the time being shall be deemed and taken to be the metropolitan bishop in India, and as such shall have, enjoy, and exercise all such ecclesiastical jurisdiction and episcopal functions, for the purposes aforesaid, as his majesty shall by his royal let- ters patent under the great seal of the said United Kingdom ^hink necessary to direct, subject nevertheless to the general superintendence and revision of the Archbishop of Canterbury for the time being : and that the Bishops of Madras and Bombay for the time being respectively shall be subject to the Bishop of Calcutta for the time being as such metropolitan, and shall, at the time of their respective appoint- ments to such bishoprics, or at the time of their respective consecrations as bishop, take an oath of obedience to the said Bishop of Calcutta in such manner as his majesty by his said royal letters patent shall be pleased to direct. " XCV. And be it enacted, that when and as often as it shall please his majesty to issue any letters patent respecting the bishopric of Calcutta, Madras, or Bombay, or for the nomination or appointment of any person thereto respectively, the warrant for the bill in every such case shall be countersigned by the president of the board of commissioners for the affairs of India, and by no other person. " XCVI. And be it enacted, that it shall and may be lawful for his majesty, his heirs and successors, by warrant under his royal sign manual, countersigned by the chancellor of the exchequer for the time being, to grant to any such Bishop of Madras or Bombay respectively, who shall have exercised in the British territories aforesaid for fifteen years the office of such bishop a pension not exceeding eight hundred pounds per annum, to be paid quarterly by the said company. " XCVII. And be it enacted, that in all cases when it shall happen the said person nominated and appointed to be bishop of either of the said bishoprics of Madras or Bombay shall depart this life within six calendar months next after the day when he shall have arrived in India for the purpose of taking upon him the office of such bishop, there shall be payable out of the territorial revenues from which the salary of such bishop so dying shall be payable, to the legal personal representatives of such bishop, such sum or sums of money as shall, together with the sum or sums paid to or drawn by such bishop in respect of his salary, make up the full amount of one year's salary ; and when and so often as it shall happen that any such bishop shall depart this life while in possession of such office, and after the expiration of six calendar months from the time of his arrival in India for the purpose of taking upon him such office, then and in every such case there shall be payable out of the territorial revenues from which the salary of the said bishop so dying shall be payable, to his legal personal representatives, over and above Stat. 3 & 4 Gul. 4, c. 85. Passage money for each such bishop. As to jurisdic- tion of such bishops. The king em- powered by letters patent to limit juris- diction and functions. The Bishop of Calcutta to be metropolitan in India. Warrants for bills on letters patentappoint- ing bishops to be counter- signed by the president. The king may grant certain pensions to Bishops of Madras or Bombay. Respecting salary of a bishop of Madras or Bombay dying within six months after arrival ; or after six months holding office in India. 1606 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul. 4, c. 85. As to residence of Bishop of Madi as or Bombay if translated to Calcutta. As to conse- cration of any person under the degree of a bishop, if resi- dent in India, appointed to a bishopric. Provision for expenses of visitations. No archdeacon in India to have a salary exceeding 30 00 sicca rupees. Two chaplains of the church of Scotland to be on the establishment of each presi- dency. what may have been due to him at the time of his death, a sum equal to the full amount of the salary of such bishop for six calendar months. " XCVIII. And be it enacted, that if it shall happen that either of the Bishops of Madras or Bombay shall be translated to the bishopric of Calcutta, the period of residence of such person as Bishop of Madras or Bombay shall be accounted for and taken as a residence as Bishop of Calcutta ; and if any person now an archdeacon in the said territories shall be appointed Bishop of Madras or Bombay, the period of his residence in India as such archdeacon shall for all the purposes of this act be accounted for and taken as a residence as such bishop. "XCIX. Provided also, and be it enacted, that if any person under the degree of a bishop shall be appointed to either of the bishoprics of Calcutta, Madras, or Bombay, who at the time of such appointment shall be resident in India, then and in such case it shall and may be lawful for the Archbishop of Canterbury, when and as he shall be required so to do by his majesty by his royal letters patent under the great seal of the said United Kingdom, to issue a commis- mission under his hand and seal, to be directed to the two remaining bishops authorizing and charging them to perform all such requisite ceremonies for the consecration of the person so to be appointed to the degree and office of a bishop. " C. And be it enacted, that the expenses of visitations to be made from time to time by the said Bishops of Madras and Bombay respectively shall be paid by the said company out of the revenues of the said territories; provided that no greater sum on account of such visitations be at any time issued than shall from time to time be denned and settled by the court of directors of the said company, with the approbation of the commissioners for the affairs of India. " CI. And be it enacted, that no archdeacon hereafter to be appointed for the archdeaconry of the presidency of Fort William in Bengal, or the archdeaconry of the presidency of Fort Saint George, or the archdeaconry of the presidency and island of Bombay, shall receive in respect of his archdeaconry any salary exceed- ing three thousand sicca rupees per annum : provided always, that the whole expense incurred in respect of the said bishops and archdeacons shall not exceed one hundred and twenty thousand sicca rupees per annum. " CII. And be it enacted, that of the establishment of chaplains maintained by the said company at each of the presidencies of the said territories two chaplains shall always be ministers of the church of Scotland, and shall have and enjoy from the said company such salary as shall from time to time be allotted to the military chaplains at the several presidencies : provided always, that the ministers of the church of Scotland to be appointed chaplains at the said presidencies as aforesaid shall be ordained and inducted by the presbytery of Edinburgh according to the forms and solemnities used in the church of Scotland, and shall be subject to the spiritual and ecclesiastical jurisdiction in all things of the presbytery of Edinburgh, whose judgments shall be subject to dissent, protest and appeal to the Provincial Synod of Lothian and Tweedale, and to the General Assembly of the church of Scotland : provided always, that nothing herein contained shall be so construed as to prevent the governor-general in council from granting from time to time, with the sanction of the court of directors and of the commissioners for the affairs of India, to any sect, persuasion, or community of Christians not being of the united church of England and Ireland, or of the church of Scotland, such sums of money as may be expedient for the purpose of instruction or for the main- tenance of places of worship." Stat. 3 & 4 LXXII. Stat. 3 & 4 Gulielmi 4, c. 92. [Ireland.] A.D. 1833. Gul. 4 c. 92# rjR j ' ' "An Act to explain and amend the Provisions of certain Acts for the erecting and establishing Public Infirmaries, Hospitals,- and Dispensaries, in Ireland" STATUTA GULIELMI IV. A.D. 1830—1837. 1607 LXXIII. Stat. 3 & 4 Gulielmi 4, c. 100 (1). [Ireland.] A.D. 1833. Stat. 3 & 4 "An Act for the Relief of the Owners of Tithes in Ireland, and for the Amend- ^k.] ' ° merit of an Act passed in the last Session of Parliament, intituled, An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent" LXXIV. Stat. 3 & 4 Gulielmi 4, c. 102(2). [Ireland.] A.D. 1833. Stat. 3 & 4 "An Act to repeal certain Penal Enactments made in the Parliament of Ireland [1^-^'° against Roman Catholic Clergymen, for celebrating Marriages contrary to the Provisions of certain Acts made in the Parliament of Ireland." " Whereas Roman catholic clergymen were by certain acts of the parliament of Ireland rendered liable to punishment, pains, and penalties, for celebrating mar- riages contrary to the provisions thereof, to which punishment, pains, and penal- ties, no other clergymen or ministers are liable : and whereas it is expedient to amend the law in this respect, be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that so much of the following acts made in the parliament of Ireland, (that g0 much of is to say,) of an act passed in the sixth year of the reign of Queen Anne, intituled, the acts herein 4 An Act for the more effectual preventing the taking away and marrying Children j?*]^' j J against the Will of their Parents or] Guardians;' also of an act passed in the 12 Geo. 1 Ir : twelfth year of the reign of King George the First, intituled, * An Act to prevent Marriages by degraded Clergymen and Popish Priests, and for preventing Mar- riages consummated from being avoided by Pre-contracts, and for the more effec- tual preventing of Bigamy ;' also of an act passed in the twenty-third year of the 23 Geo. 2, Ir.; reign of King George the Second, intituled, 6 An Act for explaining and making more effectual an Act, intituled, " An Act for the more effectual preventing Clan- destine Marriages;"' and another act passed in the twelfth year of his late 12 Geo. 3, 1 r.; majesty's reign, intituled, ' An Act to prevent Marriages by degraded Clergymen and Popish Priests, and for preventing Marriages consummated from being avoided by Pre-contracts, and for the more effectual punishing of Bigamy ;' also of an act 33 Geo. 3, Ir., passed in the thirty-third year of the reign of King George the Third, intituled, as makes it 4 An Act for the Relief of His Majesty's Popish or Roman Catholic Subjects of JjJ^J ^J^" Ireland,' as contains any penal enactment which exclusively affects a Roman catholic clergymen to clergyman celebrating marriage between any persons, knowing them or either of celebrate mar- them at the time of such marriage to be of the protestant religion, or as declares riages between or enacts that any Roman catholic clergyman who shall celebrate any marriage j^0^*1^ between two protestants or reputed protestants, or between a protestant or reputed ' * r p protestant and a Roman catholic, shall be guilty of felony, and suffer death as a felon, without benefit of clergy or of the statute, or as enacts and declares that any Roman catholic clergyman who shall, celebrate any marriage between two pro- testants, or between any such protestant and papist, unless such protestant and papist shall have been first married by a clergyman of the protestant religion, shall forfeit the sum of five hundred pounds to his majesty upon conviction thereof, shall from and after the passing of this act be repealed, and that so much and such parts only of the said recited acts are hereby repealed. " II. Provided always, and be it enacted, that nothing herein contained shall Nothing herein extend to any proceeding, criminal or civil, commenced before the passing of this to extend to act ; and that nothing herein contained shall be construed to repeal so much of any tormeJ' any of the said recited acts as expressly or by implication repeals any former act nor°to affect or acts, nor to revive or recognise any enactment as being in force at the time of any of the the passing of this act which by any act heretofore made was expressly or by recited acts implication repealed or altered. *hat rePeal r r former acts. (1) Amended by Stat. 1 & 2 Vict. c. 109. (2) Vide post. Stat. 5 & 6 Vict. c. 28, s. I. 1G08 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 3 & 4 Gul.4,c.102. [I*.] Act not to give validity to any cere- mony not now valid, &c. Stat. 3 & 4 Gul. 4, c.105. " III. And be it further enacted, that nothing in this act shall extend or be construed to extend to the giving validity to any marriage ceremony in Ireland, which ceremony is not now valid under the existing laws, or to the repeal of any enactments now in force for preventing the performance of the marriage ceremony by degraded clergymen." LXXV. Stat. 3 & 4 Gulielmi 4, c. 105. A.D. 1833. "An Act for the Amendment of the Law relating to Dower." " XIII. And be it further enacted, that no widow shall hereafter be entitled to dower ad ostium ecclesice, or dower ex assensu patris." Stat. 3 & 4 Gul. 4, c. 106. Meaning of words in the act: Land.' " The pur- chaser." " Descent." " Descend- ants." " Person last entitled." "Assurance." Number and gender. Descent shall always be traced from the purchaser, but the last I owner shall be considered to be the pur- chaser, unless tlie contrary be proved. LXXVI. Stat. 3 & 4 Gulielmi 4, c. 106. A.D. 1833. "An Act for the Amendment of the Law of Inheritance." " Be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be inter- preted as follows: (that is to say,) the word 'land' shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorpo- real, and whether freehold or copyhold, or of any other tenure, and whether descendible according to the common law, or 'according to the custom of gavelkind or borough English, or any other custom, and to money to be laid out in the pur- chase of land, and to chattels and other personal property transmissible to heirs, and also to any share of the same hereditaments and properties or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmis- sible to heirs, and to any possibility, right, or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles, and interests, or any of them, shall be in possession, reversion, remainder, or contingency; and the words 4 the purchaser' shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent ; and the word 'descent' shall mean the title to inherit land by reason of consanguinity, as well lyhere the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue; and the expression 'descendants' of any ancestor shall extend to all persons who must trace their descent through such ancestor ; and the expres- sion 'the person last entitled to land' shall extend to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof; and the word 'assurance' shall mean any deed or instru- ment (other than a will) by which any land shall be conveyed or transferred at law or in equity; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. " II. And be it further enacted, that in every case descent shall be traced from the purchaser ; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land shall, for the purposes of this act, be considered to have been the purchaser thereof unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be consi- dered to have been the purchaser unless it shall be proved that he inherited the same ; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser unless it shall be proved that he inherited the same. STATUTA GULIELMI IV. A.D. 1830—1837. 1609 " III. And be it further enacted, that when any land shall have been devised by any testator who shall die after the thirty-first day of December, one thousand eight hundred and thirty-three, to the heir or to the person who shall be the heir of such testator, such heir shall be considered to have acquired the land as a devisee, and not by descent; and when any land shall have been limited, by any assurance executed after the said thirty-first day of December, one thousand eight hundred and thirty-three, to the person or to the heirs of the person who) shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof. " IV. And be it further enacted, that when any person shall have acquired any land by purchase under a limitation to the heirs or to the heirs of the body of any of his ancestors, contained in an assurance executed after the said thirty-first day of December, one thousand eight hundred and thirty-three, or under a limitation to the heirs or to the heirs of the body of any of his ancestors, or under any limit- ation having the same effect, contained in a will of any testator who shall depart this life after the said thirty-first day of December, one thousand eight hundred and thirty-three, then and in any of such cases such land shall descend, and the descent thereof shall be traced as if the ancestor named in such limitation had been the purchaser of such land. " V. And be it further enacted, that no brother or sister shall be considered to inherit immediately from his or her brother or sister, but every descent from a brother or sister shall be traced through the parent. " VI. And be it further enacted, that every lineal ancestor shall be capable of being heir to any of his issue ; and in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit, either by tracing his descent through such lineal ancestor, or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his issue, other than a nearer lineal ancestor or his issue. "VII. And be it further enacted and declared, that none of the maternal ancestors of the person from whom the descent is to be traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed ; and also that no female paternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed ; and that no female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed. " VIII. And be it further enacted and declared, that where there shall be a failure of male paternal ancestors of the person from whom the descent is to be traced, and their descendants, the mother of his more remote male paternal ancestor, or her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote male paternal ancestor, or her descendants ; and where there shall be a failure of male maternal ancestors of such person, and their descend- ants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote male maternal ancestor, and her descendants. " IX. And be it further enacted, that any person related to the person from whom the descent is to be traced by the half blood, shall be capable of being his heir ; and the place in which any such relation by the half blood shall stand in the order of inheritance, so as to be entitled to inherit, shall be next after any relation in the same degree of the whole blood, and his issue, where the common ancestor shall be a male, and next after the common ancestor where such common ancestor shall be a female, so that the brother of the half blood on the part of the father shall inherit next after the sisters of the whole blood on the part of the Stat. 3 & 4 Gul.4,c.106. Heir entitled under a will shall take as devisee, and a limitation to the grantor or his heirs shall create an estate by pur- chase. Where heirs take by pur- chase under limitations to the heirs of their ancestor, the land shall descend as if the ancestor had been the purchaser. Brothers, &c. shall trace de- scent through their parent. Lineal ancestor may be heir in preference to collateral per- sons claiming through him. The male line to be preferred. The mother of more remote male ancestor to be preferred to the mother of the less remote male ancestor. Half blood, if on the part of a male ances- tor, to inherit after the whole blood of the same degree; if on the part of a female ancestor, after her. 1610 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 3 & 4 Gul.4,c.106. After the death of a person attaint- ed, his de- scendants may inherit. Act not to extend to any descent before January, 1834. limitations made before the 1st Janu- ary, 1834, to the heirs of a person then living, shall take effect as if the act had not been made. father and their issue, and the brother of the half blood on the part of the mother shall inherit next after the mother. " X. And be it further enacted, that when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same, by tracing his descent through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the first day of January, one thousand eight hundred and thirty-four. " XI. And be it further enacted, that this act shall not extend to any descent which shall take place on the death of any person who shall die before the said first day of January, one thousand eight hundred and thirty-four. " XII. And be it further enacted, that where any assurance executed before the said first day of January, one thousand eight hundred and thirty-four, or the will of any person who shall die before the same first day of January, one thou- sand eight hundred and thirty-four, shall contain any limitation or gift to the heir or heirs of any person, under which the person or persons answering the description of heir shall be entitled to an estate by purchase, then the person or persons who would have answered such description of heir if this act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said first day of January, one thousand eight hundred and thirty -four." Stat. 3 & 4 Gul. 4, CAP. ex. LXXVII. Stat. 3 & 4 Gulielmi 4, cap. ex. A.D. 1833. 'An Act for confirming and carrying into effect Agreements between the Bishop of of Ely and the Society of Judges and Serjeants at Law, for vesting in the said Society the Fee-simple of Serjeants' Inn, Chancery Lane, and between the Parish of Saint Dunstan in the West and the said Society ; and for other Purposes" Stat. 4 & 5 Gul. 4, cap. ii. LXXV1II. Stat. 4 & 5 Gulielmi 4, cap. ii. A.D. 1834. "An Act for inclosing Lands in the Parish of Tisbury, in the County of Wilts, and for dividing the said Parish into three Parishes." Stat. 4 & 5 Gul. 4, cap. v. LXXIX. Stat. 4 & 5 Gulielmi 4, cap. v. A.D. 1834. "An Act to effect a Partition of the Advowson of the Vicarage and Parish Church, of Cockerham, in the County Palatine of Lancaster, and to confirm the Sale of the next Turn or Right of Presentation thereto." Stat. 4 & 5 Gul. 4, cap. vi. LXXX. Stat. 4 & 5 Gulielmi 4, cap. vi. A.D. 1834. 'An Act for more effectually vesting in the Feoffees acting under the Will of Isaac Bowcock certain Estates in the County of York, held for certain Charitable Uses applicable within the Parish of Keighley, in the said County. . . ." Stat. Gul. vii. 4 & 5 4, cap. LXXXI Stat. 4 & 5 Gulielmi 4, cap. vii. A.D. 1834. 'An Act for enabling the Bean and Chapter of the Cathedral Church of Saint Paul, in London, and their Successors, to grant Licences for building upon and improving the Copyholds within the Manor of Sutton Court, in the Parish of Chiswick, in the County of Middlesex, and to grant Licences to demise such Copyholds for those Purposes, and to fix the Fines payable upon Admission to the same during limited Periods." STATUTA GULIELMI IV. A.D. 1830—1837. 1611 LXXXII. Stat. 4 & 5 Gulielmi 4, cap. ix. A.D. 1834. Stat. 4 & 5 j. Gul. 4, cap.ix, "An Act to commute for a Corn Rent certain Tithes (1) within the Parish of Kirkby Lonsdale, in the County of Westmorland." (1) Certain tithes: — A question arose un- der this statute in Fisher (Clerk) v. Birr ell $ another, Commissioners, ., in lieu of and in exchange for the land com- prised in the second schedule hereunder written, marked with the letter B, to the end and intent that the land comprised in the first schedule may be held and enjoyed by the said C. D. and the person or persons who for the time being shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances, as the land comprised in the second schedule now is or may be subject or liable to : and this indenture further witnesseth, that in pursuance of the said act the said C. D. doth grant and convey all the land comprised in the second schedule hereunder written, marked with the letter B, unto the said A. B.f in lieu of and in exchange for the land comprised in the first schedule hereunder written, marked with the letter A, to the end and intent that the land comprised in the second schedule may be held and enjoyed by the said A. B. and the person or persons who for the time being shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances as the land comprised in the first schedule now is or may be subject or liable to. In witness, &c. A STATUTA GULIELMI IV. A.D. 1830-1837 1621 " Schedule A, containing the land conveyed by A. B. to C. D. Stat. 4 & 5 "Schedule B, containing the land conveyed by C. D. to A. B. Gul. 4, c. 30. "Witness "A. B. (i.s.) " E. F. "C. D. (l.s.)" " G. H." LXXXVIII. Stat. 4 & 5 Gulielmi 4, cap. xxxiii. A.D. 1834. Stat. 4 & 5 "An Act to authorize the Sale of Lands settled for the perpetual Augmentation ^£#4, Cap' of the Curacy of Oldbury, in the County of Salop." LXXXIX. Stat. 4 & 5 Gulielmi 4, cap. xxxv. A.D. 1834. §tat. 4 & 5 "An Act for establishing a School on the Site of Honey Lane Market, in the GuL* 4» caP- City of London." XC. Stat. 4 & 5 Gulielmi 4, cap. xxxtiii. A.D. 1834. Stat. 4 & 5 "An Act to incorporate the Subscribers to Saint George's Hospital at Hyde Park ^xxvm Corner, and for better enabling them to carry on their Charitable Designs." XCI. Stat. 4 & 5 Gulielmi 4, c. 39 (1). A.D. 1834. "An Act to give Costs in Actions of Quare Impedit" " Whereas the delay and expense of recovering advowsons, and the rights of patronage and presentation to ecclesiastical benefices, by actions of quare impedit, are much increased by reason of the defendants in such actions not being liable for the payment of costs, and the two patrons are thereby frequently deterred from the prosecution of their just rights ; and it is also expedient to afford further pro- tection to incumbents of advowsons from vexatious and unfounded proceedings to disturb them in the enjoyment thereof : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that in all writs and actions of quare impedit issued or brought from and after the passing of this act in England, Wales, or Ireland, where a verdict shall pass or be given for the plaintiff or plaintiffs, in any such writ or action, the plain- tiff or plaintiffs in every such writ or action, in addition to the damages to which he or they is or are by law now entitled, shall also have judgment to recover his or their full costs and charges against the defendant or defendants therein, to be assessed, taxed, and levied in such manner and form as costs in personal actions are now by law assessed, taxed, and levied ; and where in any such writ or action the plaintiff or plaintiffs therein shall discontinue, or be non-suited, or a verdict shall be had against him or them, that then the defendant or defendants in every such writ or action shall have judgment to recover his or their full costs and charges against the plaintiff or plaintiffs therein, to be assessed, taxed, and levied in man- ner aforesaid : provided always, that no judgment for costs shall be had against any archbishop, bishop, or other ecclesiastical patron or incumbent, if the judge who shall try the cause, or if there shall be no trial by a jury, the court in which judgment shall be given, shall certify (2) that such archbishop, bishop, or other Stat. 4 & 5 Gul. 4, c. 39. Costs may be recovered in actions of quare impedit. If plaintiff is nonsuited, &c. defendant to have judgment. Exception. (1) Vide Stat. 13 Edw. 1, St. I. c. 5 (ante 13); Stat. 8 & 9 Gul. 3, c. 11 (ante 666); and Stat. 1 Gul. 4, c. 21 (ante 1442). (2) The court .... shall certify: — A bishop, defendant in quare impedit, who fails upon demurrer, may be exempted from costs by certificate of the court under Stat. 4 & 5 Gul. 4, c. 39: thus, in Edwards v. Exeter (Bishop of), (6 Bing.N. C. 146,) Chief Jus- tice Tindal observed, "I think this rule must be discharged. The earlier statute, 3 & 4 Gul. 4, c. 42 (ante 1602), gives costs to the successful party, upon a judgment on de- murrer, in all actions ; it is clear, therefore, that quare impedit is included: then comes the statute 4 & 5 Gul. 4, c. 39, which in the enacting part, gives the plaintiff in quare impedit his costs where he succeeds upon verdict, and the defendant upon a nonsuit or discontinuance ; provided that ' no judgment for costs shall be had against any archbishop, bishop, or other ecclesiastical patron or in- cumbent, if the judge who shall try the cause, or if there shall be no trial by a jury, the court in which judgment shall be given, shall certify that such archbishop, bishop, or 1622 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 ecclesiastical patron or incumbent had probable cause for defending such action ; Gul. 4, c. 39. but in no case, when the defence to any such action shall be grounded upon a pre- sentation or presentations, collation or collations, previously made to any benefice, shall such presentation or presentations, collation or collations, be deemed or con- sidered probable cause for defending such action." Stat. 4 & 5 XCII. Stat. 4 & 5 Gulielmi 4, c. 40. A.D. 1834. Gul. 4, c. 40. ^ ^ amend an Act of the tenth year of His late Majesty King George the Fourth, to consolidate and amend the Laws relating to Friendly Societies" Stat. 4 & 5 XCIII. Stat. 4 & 5 Gulielmi 4, c. 41. [Scotland.] A.D. 1834. [Sc] 4' ° 41 "An Act to regulate the Appointment of Ministers to Churches in Scotland erected by voluntary Contribution" Stat. 4 & 5 XCIV. Stat. 4 & 5 Gulielmi 4, c. 46. [Ireland.] A.D. 1834. fln\ 4' C' 46' "An Act t0 amend an Act Passed in the fifty-eighth year of King George the Third, for establishing Fever Hospitals, and to make other Regulations for Relief of the suffering Poor, and for preventing the Increase .of Infectious Fevers in Ireland V " other ecclesiastical patron or incumbent, had probable cause for defending such action.' "The question is, whether this proviso ex- tends to the former statute and judgments on demurrer, or is limited to cases of verdict for the plaintiff. What is there so to limit it? The terms of the proviso are sufficiently large to comprehend judgment on demurrer, and no reason can be assigned for the restric- tion proposed: it is as just that the bishop should receive the protection of the court on demurrer as on verdict ; and if so, why should not the clause be interpreted as in other cases, where there are several statutes in pari materia ? " Then, as to the question whether the bishop had probable cause for defending the action, in a case which we took time to con- sider, it might be permitted to the bishop to doubt." The following remarks have been extracted from the First Report of the Real Property Commissioners, p. 53 (May 11, 1829): 4 4 We have next to mention a species of real property of great importance, as to which there is at present no limitation. The pos- sessory action of quare impedit, by which the right to an advowson is usually tried, may be brought upon any presentation how- ever remote. Thus, the title to an advow- son may be questioned after a family has been for centuries in the undisturbed pos- session of it ; and, upon the sale of an ad- vowson, or of a next presentation, great trouble and expense are generally incurred in making out a title to the satisfaction of the purchaser. There must be some difficulty in framing a limitation for a species of pro- perty of so peculiar a nature. Mere length of time would not satisfy justice, unless the period were much beyond the usual bounds of living memory, because an opportunity of contesting the right may not occur more than once in a century. Lord Coke states an in- stance of a living of his own, in which a par- son had been incumbent above fifty years; and instances might easily be mentioned, in which two successive incumbents had con- tinued for upwards of a hundred years. But adopting the suggestion of Mr. Justice Blackstone, whose high authority we are glad to have for this, as well as for some other amendments of the law which we propose, we think a limitation may be safely framed, compounded of length of time and number of avoidances, or rather of pre- sentations, or opportunities to present by the patron. We conceive that, (counting from the time when the title to an advowson has accrued in possession,) as soon as sixty years have elapsed, and there have been three presentations, with institution and induction thereupon by a person claiming adversely to be patron, the right should be barred. The length of the period is required to guard against collusive avoidances and presenta- tions; and it seems sufficient for this pur- pose. Presentations by the crown, on the promotion of the incumbent to a bishopric, of course will not be reckoned ; but a pre- sentation by lapse, we think ought, as an opportunity then existed of asserting the right. It seems unnecessary to clog this limitation with disabilities which have gene- rally not been allowed where the period ex- ceeded twenty years ; but, as against a re- mainder-man, after any estate less than an estate tail, the period of sixty years must be reckoned from the remainder-man coming into possession on the determination of the particular estate. It has been suggested that the period should be extended to one hundred years; and that the adverse posses- sion should be a bar to all the world. It seems, however, more in analogy to the ge- neral principles of the law of England to give effect to adverse enjoyment, only from the accruing of the right to be barred." ST A TUT A GULIELMI IV. A.D. 1830—1837. 1623 XCV. Stat. 4 & 5 Gulielmi 4, cap. lxv. A.D. 1834. Stat. 4 & 5 _ . , rf. Gul. 4, CAP. <(An Act for establishing a general Cemetery in the Neighbourhood of the City IXV of Dublin:* XCVI. Stat. 4 & 5 Gulielmi 4, c. 73. A.D. 1834. Stat. 4 & 5 . _ . . ~ „ Gul. 4, c. 73. "An Act to grant Relief from the Duties of Assessed Taxes in certain Cases. " IV. And whereas by the said acts respectively passed in the forty-eighth and Roman catholic fifty-second years of King George the Third, certain further duties over and above clergymen the' other duties therein mentioned are granted and made payable for every male "emf*f? fro.m ,. .. .. j. ill the additional servant retained or employed in any of the capacities mentioned in schedule dutieg grante(j (C), number 1, to the said acts respectively annexed, by any male person never in respect of having been married ; be it enacted, that the said further or additional duties so bachelors' granted and made payable as aforesaid by reason or on account of the person servants, retaining or employing any such male servant never having been married shall cease to be paid or payable for or in respect of any male servant retained or em- ployed by any priest of the Roman catholic faith who shall have duly taken and subscribed the oaths and declarations required by law ; provided such priest shall duly return a list of all such servants retained or employed by him, and shall add the letter B to the signature of his name to every such list, in like manner as other persons never having been married are required by the laws in force to denote the same by adding the said letter B to their signatures to such lists as aforesaid ; and provided such exemption shall be duly claimed in the manner hereinafter directed. " V. And be it enacted, that any rector, vicar, or curate, actually doing duty Clergymen and in the church or chapel of which he is rector, vicar, or curate, (except such person dissenting who shall occasionally perform the duty appertaining to any rector, vicar, or curate, m^mste.rs' whose incomes without being the regular officiating minister of the parish or place in which such are under 120/. duty shall be performed,) and any priest of the Roman catholic faith who shall a year, ex- have duly taken and subscribed the oaths and declarations required by law, and empted from any teacher or preacher of any separate congregation of protestant dissenters whose riding1* place of meeting shall have been duly registered, such teacher or preacher, having horse, duly taken and subscribed the oaths and declaration required by law, and not fol- fowing any secular occupation except that of a schoolmaster, shall respectively be exempt from the duties granted by any act or acts relating to the duties of assessed taxes for one horse, mare, gelding, or mule, kept or used for the purpose of riding or of drawing any carriage not chargeable with duty ; provided the person claim- ing such exemption shall not be possessed of an income of one hundred and twenty pounds per annum or upwards, whether arising from ecclesiastical preferment or otherwise, and shall not keep more than one horse, mare, gelding, or mule, which otherwise would be chargable with duty under the said acts ; and provided also, that such exemption shall be duly claimed in the manner hereinafter directed." XCVII. Stat. 4 & 5 Gulielmi 4, cap. lxxv. A.D. 1834. Stat. 4 & 5 "An Act for making the Hamlet of Hammersmith, within the Parish of Fulham, in Gul. 4, cap. the County of Middlesex, a distinct and separate Parish; and for converting Lxxv- the Perpetual Curacy of the Church of Saint Paul, Hammersmith, into a Vicarage, and for the Endowment thereof" XCVIII. Stat. 4 & 5 Gulielmi 4, c. 76 (1). A.D. 1834. Stat. 4 & 5 "An Act- for the Amendment and better Administration of the Laws relating to Gul. 4, c. 76. the Poor in England and Wales" " XLVI. And be it further enacted, that it shall be lawful for the said commis- Commissioners sioners, as and when they shall see fit, by order under their hands and seals, to may direct direct the overseers or guardians of any parish or union, or of so many parishes or overseers and (1) Vide Stat. 1 & 2 Gul. 4, c. 60; Stat. 6 & 7 Gul. 4, c. 86 ; and Stat. 2 & 3 Vict. c. 56. STATUTA GUL1ELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 76. guardians to appoint paid officers unions as the said commissioners may in such order specify and declare to be united for the purpose only of appointing and paying officers, to appoint such paid offi- cers (1 j, with such qualifications as the said commissioners shall think necessary for superintending or assisting in the administration of the relief and employment of (1) Paid officers: — In Regina v. Brain- tree Union {The Guardians of the Poor of), (1 Q. B. 130,) it was held that, the poor-law commissioners may order the guardians of a union to appoint a chaplain for the union workhouse, with a salary ; such chaplain be- ing an officer within the meaning of Stat. 4 & 5 Gul. 4, c. 76, s. 46, interpreted by sect. 109: and that it was no objection to such order that, by a previous order, not ex- pressly altered or rescinded, the commis- sioners had authorized the guardians to ap- point such chaplain if they deemed it neces- sary, and had specified his duties in case of his appointment. Lord Denman delivering the judgment of the court in the following language: " This was an argument on the return to a writ of mandamus; but it brought into question the validity of the writ, which directed the guar- dians to appoint a chaplain to a union work- house, according to an order of the poor-law commissioners that that order is not war- ranted by the act. The defendants denied that such a power is given by the act, and properly called on the prosecutors to shew what provision of the act could be carried into execution by the chaplain of a work- house, as the paid officers to be appointed under the forty-sixth clause must be ap- pointed either with reference to the admini- stration of the relief and employment of the poor, or to auditing of accounts, or to the general terms, ' otherwise carrying the pro- visions of this act into execution:' and it was admitted that this appointment could not be referred to either of the two former objects. "The effect of these general terms was much considered in the recent case of Regina v. The Poor-Law Commissioners, in the matter of the Cambridge Union, (9 A. & E. 911,) and the language used by the judges on that occasion was pressed upon us in argument. We there held that the appoint- ment of a collector of poor-rates was not within those general terms, because there is no provision of the act which has any refer- ence to the collection of the poor-rates, they being made and collected under other acts, and the act in question applying only to the expenditure of those rates after they are col- lected. The only provision to be found in the act, which could authorize the appoint- ment of a collector, was that respecting a union of parishes for the purpose of rating; in which case the rate would be made and collected under the act in question ; and the cases of such unions afforded occasions on which the interpretation clause containing the word 'collector' under the head of 'officer,' might operate. The same interpretation clause, under the same head of 'officer,' has the word 'clergyman;' and, applying the same tests as were applied in the case in 9 Adolphus and Ellis, the result will appear to be very different. It is true that no provision is to be found in the act in question directly authorizing the appointment of a chaplain, or even using the word 'chaplain,' or any word of a similar import; but the 19th sec- tion plainly shows the intention of the legis- lature, that the inmates of the union work- house, of whatever religious persuasion, should have religious assistance from ministers of their own persuasion; it shews moreover that some general regulations for affording such assistance to the inmates were intended, as well as some exceptions and particular regulations in favour of those who dissented, and could not conscientiously reap the bene- fit of those general regulations. Then the 42nd section, giving power to the commis- sioners to make rules and regulations for the government of workhouses, makes it further incumbent upon them to carry into effect the intentions of the legislature, as shewn in the 19th section. In these sections, therefore, are to be found the provisions of the act as to religious assistance and instruction to the inmates of the workhouse; and the 46th sec- tion gives the commissioners the means of carrying into effect those provisions in the only way in which it could be done benefi- cially, namely, by enabling them to call on the guardians to appoint a chaplain with an adequate salary, who, by the interpretation clause, comes clearly under the head of a paid ' officer.' ' ' This is not the only instance of such in- direct provision in this act. Medical atten- dance is evidently contemplated ; yet there is no specific enactment as to the appointment of medical men; but they are included in the interpretation clause under the head of ' officer,' in the same manner as 'clergyman.' Neither were chaplains of workhouses un- known to the law; for many local acts of parliament contain express provisions re- specting their appointment. Indeed, that circumstance was used in argument by the counsel in favour of the return, as furnishing something on which the word ' clergyman' in the interpretation clause might operate, and so make it unnecessary to find any part of the act in question to which to apply it. But, whatever force may belong to that argu- ment, it would be very strange if the act meant to give the commissioners by express provision a control over chaplains under local acts, and not allow them to create simiJar duties and officers in the establishment which they were themselves to form. "Remarks of this nature are by no means conclusive; we have no inclination to affirm judicially that the law has called a power into existence, merely because there is a proba- bility of its having intended to do so, or be- cause it may have manifested the wish to have something done for which that power would furnish the means. But we have no doubt that the religious instruction of the inmates was intended to be involved in the manage- ment of the workhouse, and that the legisla- ture actually intended to give a general power STATUTA GULIELMI IV. A.D. 1830—1837. 1625 the poor, and for the examining and auditing, allowing or disallowing of accounts in such parish or union, or united parishes, and otherwise carrying the provisions of this act into execution ; and the said commissioners may and they are hereby empowered to define and specify and direct the execution of the respective duties of such officers, and the places or limits within which the same shall be performed, and direct the mode of the appointment and determine the continuance in office or dismissal of such officers, and the amount and nature of the security to be given by such of the said officers as the said commissioners shall think ought to give security, and when the said commissioners may see occasion, to regulate the amount of salaries payable to such officers respectively, and the time and mode of payment thereof, and the proportions in which such respective parishes or unions shall contribute to such payment ; and such salaries shall be chargeable upon and payable out of the poor-rates of such parish or union, or respective parishes, in the manner and proportion fixed by the said commissioners, and shall be recoverable against the overseers or guardians of such parish or union or parishes, by all such ways and means as the salaries of assistant overseers or other paid officers of any parish or union are recoverable by law ; and all such payments shall be valid, and shall be allowed in the accounts of the overseers or guardians paying the same. " LIV. And be it further enacted, that from and after the passing of this act, the ordering, giving, and directing of all relief to the poor of any parish which, according to the provisions of any of the said recited acts, or of an act passed in the first and second years of the reign of his present majesty, intituled, 4 An Act for the better regulating of Vestries, and for the Appointment of Auditors of Accounts in certain Parishes in England and Wales,' or of this act, or of any local acts, shall be under the government and control of any guardians of the poor, or of any select vestry, and whether forming part of any union or incorporation or not, (but subject in all cases to, and saving and excepting the powers of the said commissioners appointed under this act,) shall appertain and belong exclusively to such guardians of the poor or select vestry, according to the respective provisions of the acts under which such guardians or select vestry may have been or shall be appointed ; and it shall not be lawful for any overseer of the poor to give any further or other relief or allowance from the poor-rate than such as shall be ordered by such guardians or select vestry, except in cases of sudden and urgent necessity, in which cases he is hereby required to give such temporary relief as each case shall require, in articles of absolute necessity, but not in money " CIX. . . the word 'officer* shall be construed to extend to any clergyman. . ." Stat. 4 8i ft Gul. 4, c. 76. for parishes or unions : and fix their duties, and the mode of ap- pointment and dismissal, and the security ; and regulate their salaries. No relief to be in future given, exceptby board of guardians, &c. 1 & 2 Gul. 4, c. 60. XCIX. Stat. 4 & 5 Gulielmi 4, c. 83. A.D. 1834. "An Act to amend an Act passed in the third pear of His present Majesty, intituled, An Act for shortening the Time required in Claims of Modus Decimandi or Exemption from or discharge of Tithes" "Whereas by an act passed in the third year of the reign of his present majesty, intituled, 1 An Act for shortening the Time required in Claims of Modus Decimandi, or Exemption from or Discharge of Tithes,' certain provisions were made limiting the period within which, in cases of claims of a modus decimandi, the payment or render of such modus, and in cases of claim of or to any exemption from or discharge of tithes by composition real or otherwise, the enjoyment of the land without payment or render of tithes or money, or other matter in lieu thereof, should be shown to have taken place : and whereas it was by the said act further Stat. 4 & 5 Gul. 4, c. 83. 2 & 3 Gul. 4, c. 100. to appoint chaplains, as it found that power existing in numerous parishes already. " Thinking that the commissioners have acted strictly within the forty-sixth clause, this decision is by no means opposed by the Cambridge case, (9 A. & E. 911,) in which we thought their order was not within it. "We say nothing on the return, which trerely offers reasons of expediency and po- licy against this particular exercise of discre- tion. Of such matters, those to whom the discretion is confided are the sole judges. Nor do we remark on the argument respect- ing the possibility of appointing ministers of particular sects or persuasions, the right question being that of appointing any clergy- man." Peremptory mandamus awarded. 1626 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 4 & 5 Gul. 4, c. 83. Proceedings stayed on defendant's paying costs into court. Plaintiff may give notice to defendant of his intention to proceed; in which case the defendant may have his costs out of court. If plaintiff accepts the costs, all pro- ceedings to be abandoned. Executors, heirs, &c. may act in case of death. Judges may, upon sufficient cause shown, permit actions enacted, that nothing therein contained should be prejudicial or available to or for any plaintiff, or defendant in any suit or action relative to any of the matters therein mentioned, then commenced, or which might be thereafter commenced during the then session of parliament, or within one year from the end thereof : and whereas since the passing of the said act a great number of suits have been instituted for the recovery of tithes, under the apprehension on the part of the plaintiffs that they would be precluded by the said act from recovering the tithes to which they claim to be entitled unless they prosecuted their claims within the periods limited by the said act : and whereas it is deemed advisable to enable the defendants in such suits to cause all further proceedings therein to be sus- pended until the end of the next session of parliament, upon the terms hereinafter expressed : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall and may be lawful for the defendant or defendants in any action or suit which may have been commenced or instituted since the passing of the said recited act for the recovery of tithes, or for invali- dating claims of a modus decimandi, or an exemption from or discharge of tithes, for lands in respect whereof no tithes, nor any composition in lieu thereof, shall have been actually rendered or paid within the space of sixty years previous to the passing of this act, with the consent of the plaintiff or plaintiffs in such action or suit, to pay the amount of the costs and expenses (to be taxed as between party and party) which may have been incurred by or on the part of the plaintiff or plaintiffs in such action or suit into the bank of England, in the name and with the privity of the accountant-general of the court of Chancery or of the court of Exchequer, or of the proper officer of the court in which such action or suit shall have been brought, to the credit or on account of such action or suit ; and in every case where such costs and expenses shall be so paid into court, all further proceed- ings in such action or suit (except as hereinafter provided) shall be stayed and suspended until the end of the next session of parliament. " II. And be it further enacted, that from and after the end of the next session of parliament it shall and may be lawful for the plaintiff or plaintiffs in any action or suit, in which the defendant or defendants shall have caused the proceedings to be stayed or suspended under the provision hereinbefore contained to give notice to the defendant or defendants of his, her, or their intention to proceed in such action or suit and to proceed therewith accordingly ; and then and in every such case the defendant or defendants shall, immediately after such notice shall have been so given, be entitled to receive out of court the sum or sums which such defendant or defendants shall have previously paid into court on account of the costs of the plaintiff or plaintiffs. " III. Provided always, and be it further enacted, that it shall and may be lawful for the plaintiff or plaintiffs in any action or suit in which the defendant or defendants shall have paid into court the costs of such plaintiff or plaintiffs under the provision hereinbefore contained, to take the sum or sums which may have been so paid for such costs out of court, for his, her, or their own use, and then and in every such case all further proceedings in such action or suit shall be for ever abandoned and relinquished. "IV. And be it further enacted, that it shall and may be lawful for the successors, heirs, executors, administrators, or assigns of any plaintiff or plaintiffs, whose action or suit may be so stayed or suspended as aforesaid, to revive and pro- ceed with such action or suit after the end of the next session of parliament, or to take such costs as aforesaid out of court, and cause all further proceedings to be abandoned and relinquished, in the same manner in every respect as the original plaintiff or plaintiffs might or could have done. " V. Provided always, and be it enacted, that notwithstanding the provision hereinbefore contained it shall and may be lawful for any party to any action or suit so suspended, upon adducing sufficient proof to the satisfaction of a judge of the court in which such action or suit shall have been commenced, that there is STATUTA GULIELMI IV. A.D. 1830—1837. 1627 danger of some material evidence in support of the right or claim of such party Stat. 4 & 5 being lost in consequence of such suspension, to proceed in such action or suit to Gul. 4, c. 83. the extent of proving such fact or facts the evidence respecting which shall be so to be proceeded shown as aforesaid to be in danger of being lost through such suspense. Wlth- " VI. Provided always, and be it enacted, that nothing in this act contained As to previous shall prevent the prosecution of any suit in law or equity for the recovery of any claims, tithes claimed or demanded previous to the passing of the said recited act, or for the recovery of the value thereof." C. Stat. 4x5 Gulielmi 4, c. 90 (1). [Ireland.] A.D. 1834. "An Act to amend an Act made in the third and fourth year of the Reign of His present Majesty, intituled, An Act to alter and amend the Laws relating to the Temporalities of the Church of Ireland." " Whereas an act was passed in the last session of parliament, intituled, i An Act to alter and amend the Laws relating to the Temporalities of the Church in Ire- land f and whereas it is expedient to amend the said act ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for the lord lieu- tenant or other chief governor or governors of Ireland for the time being, and his majesty's privy council there, in the case of the deanery of Lismore now vacant, when they shall so think fit, at any time after the passing of this act, and in the case of any and every other ecclesiastical dignity or office under the rank of an archbishopric or bishopric, the person holding which shall not have actual cure of souls within any parish appropriated thereto, and also in the case of any and every rector whereof the king shall be patron, or the right of presentation or collation whereunto shall be in any archbishop, bishop, or other dignitary, or in any eccle- siastical corporation, and the rector whereof shall not have actual cure of souls therein, whensoever after the passing of this act any such dignity, office, or rectory shall become void in any manner whatsoever, upon the recommendation of the eccle- siastical commissioners for Ireland, signified by an instrument under their corporate seal, if the said lord lieutenant or other chief governor or governors and council shall so think fit, to order and direct that the appointment to such dignity, office, or rectory, shall be suspended until such lord lieutenant or other chief governor or governors and council shall think fit otherwise to direct ; and in the meantime, and for and during such period as such dignity, office, or rectory shall remain vacant, all and every the tithes, glebes, lands, rents, profits, and emoluments whatsoever belonging or appertaining thereto, and all arrears of such tithes, rents, profits, and emoluments which may have accrued due since the same may have become void as aforesaid, shall be vested in and received by the said ecclesiastical commission- ers, to be by them applied towards the like purposes as the other monies and funds accruing to or vested in them under the provisions of the said act ; and the said ecclesiastical commissioners shall have all and every the like remedies for the reco- very of such tithes, glebes, rents, lands, profits, and emoluments, and all arrears thereof, as any person filling such dignity, office, or rectory might or would have, and shall be for all such intents and purposes in the place and stead of such person ; provided always, that in the case of any such suspension as aforesaid it shall and may be lawful for the chapter of any diocese or cathedral church, or members thereof, to nominate and appoint some fit and proper person to perform and exer- cise all such acts and duties in relation to the property of any such chapter or cathedral church or otherwise as might or ought to have been or be performed or exercised by any successor in such dignity or office so suspended if such successor had been appointed ; and such person so nominated and appointed shall have all such powers and authorities, and be subject to all such liabilities, in relation to the performance of such acts and powers, spiritual or other duties, as any such suc- cessor, if duly appointed, would have had or been subject to ; and all the acts of (1) Vide Stat. 6 & 7 Gul. 4, c. 99. Stat. 4 & 5 Gul. 4, c. 90. [I*.] 3 & 4 Gul. 4, c. 37. The appoint- ment to sine- cure dignities may be sus- pended by lord lieutenant and council, or. the recom- mendation of the ecclesias- tical commis- 1628 STATUTA GUL1ELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90. [IR.] Lord lieutenant and privy council em- powered to remove sus- pension. Patronage of suspended dignity, how to be exercised. Charges upon suspended benefices, how to be regulated. The tithes, &c. of parishes in which there may be no vicar or perpetual curate, may be disappropri- ated from the dignities to which they are annexed, in like manner as the tithes of parishes in which there shall be such vicars or curates. the persons so appointed shall be of equal force and validity as the acts of any such successor if so appointed. " II. Provided always, and be it further enacted, that if in any case it shall seem expedient to the lord lieutenant or other chief governor or governors of Ire- land for the time being and his majesty's privy council there, to remove any such suspension and to give authority for the appointment to any office, dignity, or rec- tory, subject to the severance therefrom of all and every the tithes, glebes, lands, rents, profits, and emoluments whatsoever appertaining thereto, it shall be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being and his majesty's privy council there, to remove such suspension accord- ingly, on the condition hereinbefore contained. " III. Provided also, and be it further enacted, that whenever any right of pre- sentation, nomination, or appointment to any vicarage or perpetual or other curacy shall be annexed or incident to any office, dignity, or rectory, the appointment to which shall be so suspended, then and in every such case such right of presenta- tion, nomination, or appointment shall, upon every avoidance of such vicarage or perpetual curacy which shall happen during such supension, belong to and be exer- cised by the same person or persons, or body or bodies corporate, by whom the right of appointment to such office, dignity, or rectory might have been exercised in case the same had not been suspended. " IV. And whereas it is by the said recited act, amongst other things, enacted, that it shall and may be lawful for the said commissioners to settle and adjudge the proportions of crown rents, port corn rents, pensions, procurations, synodals, and the salaries of the schoolmasters of the diocesan schools, which the incumbents of any parish or parishes divided or augmented pursuant to the provisions of the said recited act are respectively to pay ; and whereas it is expedient that the said provision should be extended to other charges affecting such parishes ; be it there- fore enacted, that all duties, powers, and authorities which are imposed upon or vested in the said commissioners by virtue of the said recited act and of this act, or of either of them, touching or concerning the settlement or adjudication of the proportions of such crown rents, port corn rents, pensions, procurations, synodals, and salaries so to be paid as aforesaid, shall extend and be applicable to the settle- ment and adjudication of the proportions of all other charges whatever charged upon or payable out of such divided or augmented parishes to be paid by the several incumbents thereof respectively after such division or augmentation ; and such last- mentioned proportions shall be adjusted and registered in such manner as in and by the said act is directed, and shall be binding and conclusive upon the said several incumbents of such divided or augmented parish or parishes respectively, and their respective successors, any law or custom to the contrary notwithstanding. " V. And whereas the provisions of the said act for the disappropriation of parishes, or the tithes or portions of tithes and glebes thereof, from the dignities to which the same may be united or appropriated, are limited to cases in which there are vicars or curates discharging the duties of such parishes ; and it is expedient to remove such limitation ; be it therefore enacted, that where there shall not be any vicar or curate in any parish which, or the tithes or any portions of the tithes and glebes whereof, may be appropriated or united to any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, it shall and may be lawful for the said lord lieutenant or other chief governor or governors and council, if they shall so think fit, by and with the consent and approbation of the archbishop, bishop, dean, archdeacon, dignitary, prebendary, or canon thereof, or whensoever such archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry shall be void, to disappropriate, disunite, and divest such parish, and all tithes, por- tions of tithes, or glebes thereunto belonging, from and out of such archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, and, if they shall so think fit, to order and direct that such parish, tithes or portions of tithes, or glebes, so disunited shall from thenceforward be united and annexed to any neigh- bouring rectory, vicarage, or perpetual curacy, as hereinafter mentioned, or shall be and become for ever a separate benefice and parish ; provided nevertheless, that in STATUTA GULIELMI IV. A.D. 1830—1837. 1629 the rectory, vicarage, or perpetual curacy to which such disappropriated parish tithes or portions of tithes or glebes may be united, or in the separate benefice and parish into which the said disappropriated parish, tithes or portions of tithes, or glebes may be formed, divine service shall be constantly and duly celebrated ; and if the same shall be made a separate benefice and parish, then and in such case it shall and may be lawful for the king's majesty, or other person or persons, or body or bodies corporate, having the right of nomination, appointment, or presentation to such archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, from time to time to present, collate, nominate, and appoint a clerk to be the incumbent of such parish ; and such clerk when duly presented, instituted or col- lated, and inducted, and his successors, shall be and become bodies politic and cor- porate, and shall be perpetually endowed with all the tithes, portions of tithes, and glebes so belonging to such parish, and so disappropriated, disunited, and divested as aforesaid, and shall have the actual cure of souls of and within the said parish. " VI. And be it enacted, that where under this or any other act any parish in which there shall be any perpetual curate endowed shall be disappropriated or dis- united from any ecclesiastical dignity or benefice, such curate shall immediately upon such disappropriation or disunion, and by virtue thereof, be and become rec- tor or vicar, as the case may be, of the parish so jdisappropriated or disunited ; and such perpetual curacy shall merge in the said rectory or vicarage. " VII. And be it further enacted, that in any case in which the said lord lieu- tenant or other chief governor or governors of Ireland and council shall have power and authority under the provisions of the said recited act or this act, and shall think fit, to disappropriate, disunite, and divest, any rectory, vicarage, tithes or portions of tithes, and glebes, or part or parts thereof, from and out of any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, it shall and may be lawful for such lord lieutenant or other chief governor or governors and council, if they shall so think fit, to unite and annex to any adjoining or neighbouring rectory, vicarage, or perpetual curacy as aforesaid, such rectory, vicarage, tithes, or glebes, or any part or parts or portions thereof respectively, which shall so have been disappropriated, disunited, or divested as aforesaid, together with the actual cure of souls within such rectory or vicarage, or such part or parts thereof as shall be so united or annexed respectively, or within such place or places respectively whereof the tithes or glebes shall be so united and annexed ; and in such case the said lord lieutenant or other chief governor or governors and council shall direct and regulate the rotations or turns in which the right of presentation or nomination to such adjoining or neighbouring rectory, vicarage, or perpetual cure shall upon any and every future avoidance thereof belong to or be exercised by and between the king's majesty, his heirs and successors, and by and between any other person or persons, or corporation or corporations, in like manner as the said lord lieutenant or other chief governor or governors and council are authorized and empowered to do in case any rectory, vicarage, tithes or portions of tithes, or glebes or portions thereof, has or have been or shall be united to any vicarage or perpetual curacy, pursuant to the provisions of the said recited act. " VIII. And whereas by the said act it is made lawful for the lord lieutenant or other chief governor or governors of Ireland, with the privy council there, in case of vacancy, or with the consent therein mentioned, to disappropriate, disunite, and divest any rectory, vicarage, tithes or portions of tithes, or glebe, from any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, and to unite the same to the vicarages, perpetual or other curacies, or such parishes respectively, so as to form a distinct parish or benefice ; be it enacted, that the said provision shall extend to parishes in towns where ministers' money is paid, whether there be any tithe or glebe belonging thereto or not ; and that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, with the privy council there, in case of a vacancy, or with the consent of the dignitary, prebendary, canon, or other ecclesiastical person having the cure of souls in any such parish in right of or appointment to his said dignity, prebend, or canonry, to Stat. 4 & 5 Gul. 4, c. 90. [IR.] Perpetual curate of any parish dis- united from benefice to become rector of such parish. Lordlieutenant may unite to any adjoining or neighbour- ing parish any rectory, &c. disappropri- ated from any dignity. The provisions of 3 & 4 Gul. 4, c. 37, s. 124, extended to ministers' money. 1630 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 4 & 5 Gul. 4, c. 90- [Ik.] Parishes appropriated and becoming vacant, not to be filled up until one ca- lendar month after notice to commissioners. Lord lieutenant and council may apportion charges on dignities from which disap- propriations may be made. In cases of disappropria- tions, lord lieutenant to apportion dilapidation charges. disunite, disappropriate, and separate such parish, and the cure of souls therein, and the emoluments belonging thereto, whether consisting of glebe, tithes, minis- ters' money, or other payment, from the said dignity, prebend, or canonry, so as to constitute such parish for ever a separate and distinct benefice, to be presented to when vacant in the like manner as the said dignity, prebend, or canonry to which it was attached before such separation. " IX. Provided always, and be it further enacted, that whensoever after the passing of this act any deanery, archdeaconry, dignity, prebend, or canonry, to which any rectory, vicarage, tithes, or glebes, or any part or parts, portion or por- tions thereof respectively, or ministers' money, or other payment or emolument as aforesaid, shall be appropriated or united, and not being in the gift or disposition of his majesty, shall become void, and whensoever after the passing of this act any benefice whereof the patronage or right of presentation or collation shall be in any archbishop, bishop, or other dignitary, and in which benefice divine worship shall not have been celebrated for the three years next preceding the first day of Febru- ary, one thousand eight hundred and thirty-three, shall become void, then and in either of such cases it shall not be lawful to fill up such vacanry or to appoint any successor or successors in such deanery, archdeaconry, dignity, prebend, or canonry, or benefice, until the expiration of one calendar month after notice in writing shall have been given to the said ecclesiastical commissioners by the corporation or person having the patronage or right of appointment or election thereunto, of such vacancy or avoidance having occurred ; and any election, appointment, presenta- tion, collation, institution, or induction, which shall be made contrary to the true intent and meaning of the said recited act or of this act shall be null and void to all intents and purposes whatsoever ; and it shall and may be lawful for the said lord lieutenant and council, and for the said ecclesiastical commissioners respec- tively, to exercise all powers with which they are respectively invested, in relation to such deanery, archdeaconry, dignity, prebend, or canonry or benefice, by the said recited act or this act, in such manner as if the same were absolutely void : provided always, that the certificate of the ordinary that divine service has not been celebrated in any such benefice for three years next preceding the first day of February, one thousand eight hundred and thirty-three, shall be conclusive evi- dence of such fact for all the purposes of this act, and of the said recited act. "X. And be it further enacted, that it shall and may be lawful to and for the said lord lieutenant or other chief governor or governors and council, whenever tjiey shall, by virtue of the powers in that behalf in them vested, have disappro- priated the temporalities or any part of the temporalities of any dignity, or shall have divided old parishes, or separated any parish or part of a parish heretofore united, to make such order as to them shall seem expedient for the extinguishment or payment of any charge or charges or of any part thereof to which such dignity or parish or benefice, or the person or persons succeeding to the same, are or may by law be liable, and to direct to whom, and by whom, and out of what funds, and in what sums and proportions, and at what time or times, such charges or any part of the same as are to be payable are thereafter to be paid, and by what means and proceedings, and by and against whom the same are thereafter to be recoverable. " XI. And be it further enacted, that in case the lord lieutenant or other chief governor or governors of Ireland shall, pursuant to the provisions of the said recited act and of this act, or of either of them, have disappropriated, disunited, or divested from any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, any rectory, vicarage, tithes or portions of tithes, or glebes, or part or parts thereof, and in case the person or the representatives of the person upon whose removal or death any such disappropriation, disunion, or divestiture shall have been made, shall, by virtue of any law or statute, be entitled to receive from the next successor of such person in such archbishopric, bishopric, deanery, arch- deaconry, dignity, prebend, or canonry, any sum or sums of money on account of any purchase of or addition to glebes, or of any buildings or improvements, or of money paid by such person to his immediate predecessor on such accounts respec- STATUTA GULIELMI IV. A.D. 1830—1837. 1631 tively, then and in every such case it shall and may be lawful for such lord lieutenant or other chief governor or governors and privy council to order and direct that such sum or sums of money shall be charged and chargeable in such shares and proportions as they shall think just and reasonable upon the several parishes, tithes or portions of tithes, or glebes, or part or parts thereof respectively theretofore united and appropriated to such archbishopric, bishopric, deaconry, archdeaconry, dignity, prebend, or canonry ; and such shares and proportions shall be paid and payable by the several incumbents of such parishes respectively, or by the person or persons thereafter to be entitled to such tithes or portions of tithes, and glebes, or part or parts thereof respectively, to such person and at such times and in such manner as the whole of such sum or sums of money would have been payable by virtue of any law or statute in force in Ireland in case such disappro- priation, disunion, or divestiture had not taken place : provided always, that it shall and may be lawful for every such incumbent or other person, or his repre- sentative, having paid any such share or proportion in manner aforesaid, to receive and recover from his next and immediate successor, such part of such share and proportion at such time and by such ways and means as if such share or proportion had been paid by him to his next and immediate predecessor by virtue of any law or statute in force in Ireland. " XII. And whereas it is by the said recited act provided, that the said eccle- siastical commissioners shall within a certain period pay to the executors or administrators of Doctor Richard Bourke, late Bishop of Waterford, all and every such sum of money as, pursuant to any statute or law in force in Ireland, could or might have been recovered by such executors or administrators against the succes- sor of the said late bishop in case such act had not been made ; and it is also by the said act further provided, that the said commissioners shall at certain periods, from and after the respective vacancies of the other bishoprics (save and except the bishoprics of Ossory and of Cork and Ross) named in the first column of the schedule (B) to the said act annexed, or the annexation thereof to any bishopric in the second column of the said schedule named, pay to the person or his repre- sentatives, as the case may be, by -whose promotion or death such vacancy shall have been occasioned, or who shall become a bishop of any such united bishoprics, all such sums of money as would have been payable by or recoverable against any successor in such bishoprics in such first column named in case the said act bad not been made ; but no provision is made by the said act enabling the said ecclesi- astical commissioners to recover for dilapidations suffered or committed by the said Doctor Richard Bourke, or other bishops as aforesaid ; be it therefore enacted, that the said ecclesiastical commissioners shall and may recover from the representatives of the said Doctor Richard Bourke, and from the bishop of each and every bishopric in the first column of the said schedule named, (save and except the bishoprics of Ossory and of Cork and Ross aforesaid,) being or becoming void or united to any other bishopric under the provisions of the said act, or from the representatives of such bishop, all and every such sums or sum of money as the successor or successors of such Bishop of Waterford, or other bishop, (if such had been appointed,) might or could have recovered under any law or statute in force in Ireland from the representatives of the said Doctor Richard Bourke, or from such other bishop or his representatives, for or on account of dilapidations, in case the said recited act had not been passed ; and that the said ecclesiastical commissioners shall have, for ascertaining the extent of such dilapidations, and for the recovery of such money as may be due on account thereof, all such remedies as the successor or successors of any such bishop could or might have used if the said recited act had not been passed ; and it shall be lawful for the said ecclesiastical commissioners to deduct from and out of any money which they are or may be liable under the provisions of the said recited act to pay to the representatives of the said Doctor Richard Bourke, or any other such bishop, his executors or administrators, such sums as are or shall be respectively payable by or recoverable from the representa- tives of the said Doctor Richard Bourke, or such other bishop, his executors or administrators, for or on account of such dilapidations, in like manner as the Stat. 4 & 5 Gul. 4, c. 90. [IR.] Ecclesiastical commissioners may recover dilapidations from bishops in the first column of schedule (B) annexed to the 3rd & 4th Gul. 4, c. 37, or from their re- presentatives, in like manner as a successor. Commissioners to have such, means for ascertaining and recovering amount of dilapidations as successor would have had. 1632 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 Sc 5 Gul. 4, c. 90. [Ik.] Proceedings already taken for ascertaining or recovery of dilapidations to be valid. Commissioners may recover for dilapida- tions com- mitted in Ferns and Leighlin and Cloyne. See houses of bishoprics in the first column of the said sche- dule (B) shall vest in bishops of united bishoprics electing trans- ferred to such see houses. The title to lands, &c. now vested in board of first-fruits shall vest in ecclesiastical commissioners. Declaring the meaning of the clause of re- cited act em- powering the Archbishops of Armagh and Dublin to present a fel- low of Trinity college to cer- tain selected benefices ; successor or successors of the said Doctor Richard Bourke, or any other such bishop, might have deducted the same under any law or statute in force in Ireland if the said recited act had not been passed. " XIII. And be it further enacted, that all such proceedings as may already have been taken by or on behalf of the said ecclesiastical commissioners for the ascertaining or recovery of any money on account of dilapidations in or upon the see house, offices, lands, or improvements of the said bishopric of Waterford, or of any other bishopric named in the first column of the schedule (B) to the said recited act annexed, which may be or have become vacant or united to any other bishopric under the provisions of the said recited act, are and shall be and be deemed to have been as valid and effectual to all intents and purposes as if the same had been taken by or on behalf of the immediate successor or successors, lawfully appointed and invested, of the bishop by whom such dilapidations may have been committed or suffered. "XIV. And be it enacted, that when and as the bishoprics of Ferns and Leighlin and of Cloyne respectively shall be united to the bishoprics of Ossory and of Cork and Ross, the said ecclesiastical commissioners shall and may in like manner, and by all such and the like means, recover from the persons or their representatives by whose promotion or death such vacancy shall have occurred or been occasioned, or who shall become the bishops of such united sees, all such sums as the successors in such bishoprics of Ferns and Leighlin and Cloyne respec- tively would have been entitled to recover for dilapidations in case this act had not been made. " XV. And be it further enacted, that whenever pursuant to the provisions of the said recited act, and with such consent as therein required, the see house of any bishopric in the first column of the schedule (B) to the said act annexed shall be or have been chosen to be the see house of any united bishopric, such see house, and the offices, and the whole or a part only of the mensal or demesne lands thereto belonging, which are set out as a fair equivalent for the whole or a part only of the surrendered mensal or demesne lands belonging to the bishopric in the second column of the schedule (B), as the case may be, shall without any grant or conveyance whatsoever be divested out of the said ecclesiastical commissioners, and become vested in the bishop of such united bishopric, and annexed thereto, and thereafter continue to be to all intents and purposes the see house, offices, and mensal or demesne lands of such united bishopric. " XVI. And be it enacted, that all lands, tenements, and all estates, terms, and interests therein, whether legal or equitable, and all benefit and right of renewal of or in the same, which at the time of the passing of the said recited act were or now are vested in the trustees and commissioners of first-fruits in Ireland, shall be and the same are hereby absolutely transferred to and vested in the said ecclesias- tical commissioners and their successors, in like manner, and upon and for the like trusts, intents, and purposes, as the same were heretofore vested in the said trustees and commissioners of first-fruits. "XVII. And whereas it is by the said act provided, that upon each and every avoidance happening after the period in the said act mentioned of certain benefices to be selected from and out of the benefices belonging to each of the bishoprics mentioned in the first column of the schedule (B) to the said act annexed, it shall and may be lawful for the Archbishop of Armagh and Archbishop of Dublin to nominate and present to each such benefice one of the fellows or ex- fellows of the college of the Holy and Undivided Trinity, near Dublin, being in holy orders ; provided always, that in case the said two archbishops shall not be able to agree in such nomination and appointment, or shall decide upon the person to be appointed to the said vacant benefice, the first turn therein to be exercised by the Archbishop of Armagh ; and if on the vacancy of any of the said benefices so selected as aforesaid the said archbishop shall not present thereto some such fellow or ex-fellow within such period as any patron ought to present to a benefice in his gift or presentation, then and in such case the right of presentation or colla- tion to such benefice shall for that turn devolve to the bishop of the diocese and be STATUTA GULIELMI IV. A.D. 1830-1837. 1633 in all respects subject to the ordinary law of lapse : and whereas it is necessary to explain and amend the said hereinbefore recited provision ; be it therefore enacted and declared to be the meaning of the said recited provision, that upon each and every avoidance of the benefices selected as aforesaid, happening after the time in the said act mentioned, it shall and may be lawful for the said Archbishop of Armagh and Archbishop of Dublin to nominate and present to each such bene- fice one of the fellows or ex-fellows of the college of the Holy and Undivided Trinity, near Dublin, being in holy orders ; and that if on the vacancy of any of the said benefices, so selected as aforesaid, the said archbishops shall not present thereto some such fellow or ex-fellow within such period as any patron ought to present to a benefice in his gift or presentation, then and in such case the right of presentation or collation to such benefice shall for that turn devolve to the bishop of the diocese, and be in all respects subject to the ordinary law of lapse. " XVIII. And whereas it is necessary to explain and amend certain provisions of the said recited act in respect of the bishoprics of Ferns and Leighlin and Ossory, and of Cloyne and Cork and Ross; be it therefore enacted and declared to be the meaning of the said recited act, that the said ecclesiastical commissioners shall, by such instalments, to be made in such manner and at such periods from and after the respective periods when the bishopric of Ferns and Leighlin shall become united to the bishopric of Ossory, and the bishopric of Cloyne united to that of Cork and Ross, as any successors thereto would have been respectively bound or liable if such successors had been appointed, pay to the persons or their representatives by whose promotion or death such vacancies shall have occurred or been occasioned, or who shall become the bishops respectively of such united bishoprics, all and every such sum or sums of money as would have been payable by or recoverable against the several successors in the said bishopric of Ferns and Leighlin and bishopric of Cloyne respectively, in case the said act had not been passed ; and that the bishops of such united bishoprics of Ferns and Leighlin and of Ossory shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishopric of Ossory would have been in case the said act had not been passed ; and the bishops of such united dioceses of Cloyne and of Cork and Ross shall be and become liable to the pay- ment of all such like sum or sums of money as any successor or successors in the said bishopric of Cork and Ross would have been in case tl e said act had not been passed : provided that nothing herein contained shall, in the event of the now Bishops of Ossory and of Cork and of Ross becoming respectively bishops of such united bishoprics, alter or affect the liabilities to them respectively of their sue cessors. "XIX. And be it further enacted, that if the now Bishop of Ferns and Leighlin or the now Bishop of Cloyne shall become bishops respectively of such united bishoprics respectively, they shall be entitled to recover as successors for any dilapidations ; and if they shall pay to the Bishop of Ossory, or the Bishop of Cork and Ross, or to his or their respective representatives, as the case may be, any sum or sums of money which would have been payable by or recoverable against any successor in the said bishoprics, then and in such case it shall and may be lawful for the bishop of either of such united bishoprics respectively to recover from his next immediate successor the whole of such sum of money so by him paid : and such next immediate successor, and his successor or successors respec- tively, shall and may recover, each against his successor, such proportion of such sum of money as would have been recoverable in each case respectively, if such next immediate successor of the now Bishop of Ferns and Leighlin or of Cloyne had been the next immediate successor lawfully appointed and invested of the now Bishop of Ossory or of Cork and Ross. "XX. And be it further enacted, that in case any such wanton and malicious injury or damage as in the said recited act mentioned shall be committed in or to any church, chapel, or other building used for religious worship according to the usage of the united church of England and Ireland, it shall and may be lawful for the said ecclesiastical commissioners, or any person or persons to be by them 5 M Stat. 4 & 5 Gul. 4, c. 90. [**.] as also the clause pro- viding for lia- bilities upon the bishoprics of Ferns and Cloyne. The Bishops of Ferns and Cloyne may recover for dilapidations from their predecessor, and for sums paid by them from their successor. Compensation for malicious injuries to churches may be recovered either at this 1634 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90. next or at the second assizes after commis- sion of the injury. Tenant not having a fully renewed lease may tender to archbishop, bishop, &c. the amount of the customary fines, and if declined, com- missioners may ascertain the amount of fine which ought to be paid, and upon payment thereof, tenant entitled to have a conveyance. No tenant to be entitled to perpetuity, unless he pays up his propor- tion of fine for the period of the year elapsed from the previous renewal. In cases of deputed in that behalf, by writing under their common seal, to sue for and recover satisfaction and amends, pursuant to the provisions of the said recited act, for such wanton and malicious injury or damage, either at such period or periods as in and by the said recited act for that purpose provided, or at the second assizes to be held after the commission of such injury or damage for the county in which such church, chapel, or other building may be situate ; or if in the county of Dublin, at the second presenting term ; or if in the city of Dublin, at the second quarter sessions respectively after the commission of such injury, and that all powers and provisions contained in the said recited act, applicable to the suing for or recovery of such satisfaction at the next assizes, presenting term, or quarter sessions respec- tively, shall extend and be applicable to the suing for and recovery of such satis- faction and amends at such second assizes, presenting term, or quarter sessions respectively. " XXI. And be it further enacted, that in case any tenant or lessee, who under the provisions of the said recited act is or shall be entitled to apply and agree for, and who shall have applied and agreed for, the purchase of a perpetual estate or interest in any lands, tenements, or hereditaments, shall hold such lands, tene- ments, or hereditaments, by lease for the term of twenty-one years, whereof less than twenty years shall be to come and unexpired, or for the term of forty years, whereof less than thirty-nine years shall be to come and unexpired, or for three lives, and all the lives named in such lease shall not be in being, then and in every such case it shall and may be lawful for every such tenant or lessee to tender to the archbishop, bishop, or other sole ecclesiastical corporation, under whom he shall hold such lands, tenements, or hereditaments, or to his or their known agent or agents, such sum or sums as he shall consider to be the true and just amount of the renewal fine or fines and fees customarily paid or payable for or upon the renewal of such lease for such term or interest as in and by the said recited act is required ; and in case such archbishop, bishop, or other sole ecclesiastical corpora- tion, shall refuse or neglect within a reasonable time after such tender to accept such sum or sums of money and execute such renewal, then and in every such case it shall and may be lawful for the said ecclesiastical commissioners, and they are hereby authorized and required, at the requisition in writing of such tenant or les- see, to ascertain by the issuing of a commission or by such other wrays and means as they shall deem fit and expedient, the amount of the renewal fines usually or customarily paid or payable on or for the renewal of such lease, and the sum which, according to the usual and accustomed mode of renewing the same, ought to be paid on the renewal thereof, up to the day upon and from which the rent to be reserved by the deed or deeds of* conveyance of such lands and premises is to begin to accrue due ; and such tenant or lessee shall, upon payment to the said ecclesias- tical commissioners, to and for the use of such archbishop, bishop, or other sole ecclesiastical corporation respectively, of such sum so ascertained as aforesaid, and of all rents and arrears of rent due upon such lease, be entitled to have a convey- ance executed of the fee-simple and inheritance of and in the said lands, tenements, and hereditaments, in like manner as if such lease had been fully renewed for such term of years or lives respectively as in and by the said recited act is required : provided always, that no tenant or lessee holding any lands or premises by lease for the term of twenty-one years or of forty years, whereof less than one year shall have expired, shall be entitled to have any deeds of conveyance of such lands and premises made or granted to him or her by virtue of the said recited act and of this act, or of either of them, unless, in addition to all rents and arrears of rent due upon and reserved by such lease, he or she shall have paid and satisfied to the archbishop, bishop, or other ecclesiastical person under whom he or she shall hold the said lands and premises, or to the said ecclesiastical commissioners, a propor- tional part of the fine or fines and fees usually and accustomarily paid and payable for and upon the renewal of such lease, up to and for such day upon and from which the rent to be reserved in and by such deed of conveyance is to begin to accrue due. u XXII. And be it enacted, that whensoever upon any application for the pur- STATUTA GULIELMI IV. A.D. 1830—1837- 1635 chase of the fee-simple and inheritance in any lands under the provisions of the Stat. 4 & 5 said recited act or this act, or for the renewal of any lease, or the making a new 9.UL* 4' C- 90* lease or demise of any lands held under the said ecclesiastical commissioners, such J- R*-1 commissioners mav be authorized and required to ascertain the amount of any fine inadequate , o i" n • i i -i • i m -j fines heretofore or fines and fees theretofore paid or agreed to be paid or customarily paid or payable pai(j for renew_ for renewal of such lease, and that such commissioners shall find that the fine or als, commis- fines and fees paid during any such period as in the said act mentioned, or agreed sioners em- to be paid or payable for the renewal of such lease, have been greatly inadequate a°J^tain t°hat as compared with the fine or fines and fees usually paid according to the custom of OUght to have the same diocese or other spiritual promotion for or upon the renewal of leases or been paid interests in other lands within such diocese or other spiritual promotion held by according to like tenure and demise, and that such commissioners shall have reasonable cause to ^e ^ustom °^ the diocese. conclude that such inadequacy arose out of any favour or community of interest between the lessor and lessee, then and in such case the matter shall be referred to three arbitrators, to be appointed in manner by the said recited act provided for the appointment of arbitrators to adjust differences between the said commissioners and parties applying for the purchase of perpetuities under the said act ; and the expense of such arbitration shall be borne by the said commissioners, or by the other party, or by both, in such proportions as such arbitrators shall direct ; and if such arbitrators shall decide that the fine or fines and fees aforesaid were not greatly inadequate, or that such inadequacy did not arise out of any favour or community of interest between the lessor and lessee, the said commissioners shall proceed to make their calculation as by the said act required upon such fine or fines and fees so paid or agreed to be paid or payable, and in all respects as if no inadequacy had been alleged to exist ; but if the said arbitrators shall decide that such fine or fines and fees were greatly inadequate, and that such inadequacy arose out of any favour or community of interest between the lessor and lessee, then and in such case the said arbitrators, or any two of them, shall and are hereby author- ized and empowered to inquire and ascertain, by actual survey and valuation, or by the examination of witnesses upon oath, (which oath the said arbitrators are hereby authorized to administer,) or by such other ways and means as they shall deem fit and expedient, the yearly value of the lands, tenements, and heredita- ments, the tenant or lessee whereof shall so have applied for such renewal or pur- chase, and the fine or fines and fees which ought reasonably to have been paid for the renewal of such lease or interest in such lands in proportion to the yearly value theieof, according to the custom of the same diocese or other spiritual promotion, upon the renewal of leases or interests in other lands and tenements situate within the a me respectively, and held upon the like tenure and demise ; and the deter- mination of such arbitrators, as to the amount of such fine or fines and fees, shall be conclusive and binding upon all persons whomsoever ; and the fine or fines and fees so ascertained shall be deemed and taken to be for all purposes of the said recited act and of this act the renewal fine or fines and fees respectively theretofore paid, agreed to be paid or payable, or which ought to have been paid upon the renewal of the said lease or interest in such lands, tenements, and hereditaments the tenant or lessee whereof shall so have applied for such renewal or purchase as aforesaid. " XXIII. And be it further enacted, that every commission to be issued by the Commissioners ecclesiastical commissioners for the purposes of this act shall issue in the same under this act manner, and shall be subject to the like rules and regulations, and shall have and t0 have the exercise the like powers, as in and by the said recited act is provided with respect ™™ Pf° to commissions directed to be issued for inquiring into the value of ecclesiastical act.^ °rmer benefices. " XXIV. And whereas it is by the said recited act amongst other things enacted, Provisions for that upon such notification in writing being given by any such tenant or lessee the purchase as therein mentioned, that he is ready and willing to purchase the fee-simple and of rerPetual. inheritance of and in any lands, premises, or hereditaments held by him by virtue Ejj?**!*' of such lease or contract as therein mentioned immediately from' and under say held an lease, archbishopric, bishopric, or other spiritual promotion or dignity pursuant to the repealed. 5 M 2 1630 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90. [Ia.] In case a tenant or lessee shall apply for the purchase of a perpetual es- tate in lands, &c. under a lease for lives, value to be ascertained by ecclesias- tical commis- sioners. Limiting costs to solicitors employed by commissioners under this act. Commission- ers, with sanc- tion of the treasury, may contribute towards such provisions of the said recited act, it shall and may be lawful for the said ecclesias- tical commissioners, and they are thereby authorized and required, to ascertain the amount of the sum or sums of money theretofore paid or agreed to be paid as and for the fine or fines and fees for renewal of any such lease or interest of and in the said lands and premises in case of leases for lives for and during such period as shall include the three last previous occasions of such renewal ; and it is in and by the said recited act further enacted, that in the case of leases for lives the said commissioners under the ssid recited act shall compute the yearly average of the renewal fines and fees in such manner as to them shall seem just with reference to the average duration of lives and beneficial interest ; be it enacted, that from and after the passing of this act the said recited provisions, so far as the same relate to the purchase of perpetual estates or interests in any lands, premises, or heredita- ments held by virtue of any lease or leases for lives, be and the same are hereby repealed. " XXV. And be it further enacted, that in every case in which any tenant or lessee who under the provisions of the said recited act shall be entitled to apply and agree and shall have applied for the purchase of a perpetual estate or interest in any lands, premises, or hereditaments, shall hold such lands, premises, or heredita- ments under or by virtue of any lease for lives, it shall and may be lawful to and for the said ecclesiastical commissioners to ascertain by calculation a term for years of equal value to the subsisting interest or term for lives then in being under such lease, and thereupon to compute and ascertain in such manner as to them shall seem just, with reference to the custom of the archbishopric, bishopric, or other spiritual promotion in which such lands, tenements, and hereditaments shall be situate, the annual sum or sums of money which ought to be paid or payable as and for the fine or fines and fees for renewal of a lease of the said lands, premises, and heredita- ments held for such a term of years aforesaid ; which sum or sums so ascertained, together with and in addition to the annual rent or rents theretofore reserved and payable out of the said lands and premises under and by virtue of such lease for lives, shall be the amount of the annual rent to be reserved and made payable in and by the deed of conveyance of the said lands and premises, to be executed pur- suant to the provisions of the said recited act and of this act or of either of them, subject, however, to such variation, according to the price of wheat or oats, as in and by the said recited act and this act provided ; and such amount or sum so ascertained shall in all cases of leases for lives be inserted in any certificate to be given, granted, registered, or enrolled, pursuant to the provisions of the said recited act, instead of the average renewal fine theretofore paid or payable on the several occasions of renewing any such lease for lives. " XXVI. And whereas under and by virtue of the said recited act it is enacted, that it shall and may be lawful for the said commissioners, out of the said funds therein mentioned, to defray all such incidental charges and expenses as shall become necessary in the execution of the several powers and trusts by the said act, or any act thereafter to be passed, reposed in them : and whereas it is expedient that the sum to be paid for costs to the solicitor or attorney employed by the said commissioners should be limited in amount, be it therefore enacted, that no sum shall be paid by said commissioners to any attorney or solicitor as and for costs, charges, or expenses, unless the amount of such payment shall first have been approved of by the lords of the treasury : provided always, that no sum exceeding one thousand pounds shall be allowed in any one year by the said lords of the treasury as and for the costs, charges, or expenses of any such attorney or solicitor ; and before any such sum shall be allowed by the said lords commissioners of the treasury on such account as aforesaid, the particulars of all such costs, charges, and expenses, shall be laid before them. " XXVII. And be it enacted, that it shall and may be lawful for the said eccle- siastical commissioners, with the consent and approbation of the lords commissioners of his majesty's treasury, to bestow and apply out of any surplus or balance which may arise in any year, after due provision made for the several objects and purposes to which the funds accruing to the said ecclesiastical commissioners under the pro- STATUTA GULIELMI IV. A.D. 1830-1837. 1637 visions of the said act of the last session of parliament are primarily applicable, such sums as they shall think proper for and to such charitable purposes as the bishops of the several bishoprics, the temporalities whereof may now be or here- after become vested in the said ecclesiastical commissioners, may have usually subscribed or contributed towards. " XXVIII. And whereas it is expedient that provision should be made for facilitating the execution of the deed or deeds of conveyance of lands and premises to be purchased pursuant to the said recited act, where such lands and premises are or shall be held under any archbishop, bishop, or other sole ecclesiastical corpora- tion ; be it therefore enacted, that from and after the passing of this act, so much of the said recited act shall be repealed, as provides that if such lands so to be purchased shall, at the time of such purchase, belong to or be held under any archbishop or bishop, or other ecclesiastical person, then and in such case, on the production by tenant or lessee, as therein mentioned, to the said archbishop, bishop, or other ecclesiastical person, of such notice or certificate, and of such receipt of the cashier or cashiers of the bank of Ireland as therein mentioned, such archbishop, bishop, or other ecclesiastical person shall and he and they is and are hereby required and directed to execute, seal, and deliver a deed of conveyance of the fee-r simple and inheritance of the said lands and premises to such tenant or lessee, when the same shall be tendered for execution, subject to such annual rent as therein mentioned ; and that if such archbishop, bishop, or other ecclesiastical person shall, on the production of such notice or certificate and receipt as aforesaid, refuse or neglect to execute such deed of conveyance, when tendered for execution as afore- said, for the space of two calendar months after such tender shall have been made as aforesaid, then, upon such proof being made to the said commissioners by affida- vit to be sworn before such persons as therein mentioned, (which affidavit the}' are thereby respectively empowered to administer,) or upon oath of a credible witness to be examined by the said commissioners, it shall and may be lawful for the said commissioners and they are thereby empowered and required to execute, seal, and deliver the said deed or deeds of conveyance in the name of and on behalf of the said archbishop or bishop, or other ecclesiastical person so refusing or neglecting to execute the same as aforesaid, and to affix the corporate seal of the said commis- sioners to such deed or deeds ; and to certify the cause of their so executing the same by writing at the foot of or on the back of the said deed or deeds ; and that such execution of the said deed or deeds by the said commissioners shall be as valid and effectual to all intents and purposes whatsoever as if the said deed or deeds had been duly executed by the said archbishop or bishop or other ecclesiastical person, in pursuance of the said recited act ; and so much and such parts of the said recited act is and are hereby repealed accordingly. "XXIX. And be it further enacted, that in case any lands, premises, or here- ditaments, purchased or to be purchased pursuant to the provisions of the said recited act and of this act or either of them, shall at the time of such purchase be held under any archbishop, bishop, or other ecclesiastical person, it shall and may be lawful for the said ecclesiastical commissioners, on production to them of the receipt of the cashier or cashiers of the bank of Ireland for the amount of the pur- chase money ascertained and payable in respect of such lands, premises, or here- ditaments, pursuant to the said recited act and of this act, to execute, seal, and deliver, in the name and in behalf of such archbishop, bishop, or other ecclesias- tical person, a deed of conveyance of the fee-simple and inheritance of the said lands, premises, and hereditaments, to the tenant or lessee thereof, unto and to the use of such tenant or lessee, his heirs and assigns, or as he or they shall appoint, subject to such annual rent as in and by the said recited act is provided ; and the said ecclesiastical commissioners shall affix to such deed or deeds of conveyance their corporate seal, and shall give at the foot or on the back of such deed or deeds respectively a certificate or certificates, which shall be conclusive evidence of the truth of the matter thereby certified, that such deed or deeds has or have been executed pursuant to the provisions of the said recited act and of this act ; and such deed or deeds shall be in like form, and shall, when so executed, be as valid Stat. 4 & 5 Gul. 4, c. 90, charitable purposes as bishops in suppressed sees were accustomed to do. So much of 3 & 4 Gul. 4, c. 37, repealed, as requires tenant to ten- der to archbi- shop or bishop deed of con- veyance, and if such archbi- shop or bishop neglects to execute for two months, commissioners to execute in his name. Commissioners empowered to execute con- veyance of lands in the name of the archbishop or bishop, &e. and deed to be as valid as if executed by archbishop, bishop, &c. 1638 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90. [lR.j Commissioners to notify to archbishop, bishop, &c. the terms of purchase one calendar month before execution of deed. Sub-tenants empowered to purchase per- petuities in bishops' lands on default of superior tenants. Purchases by sub-tenants subject to rents-charge to superior tenants. and effectual to all intents and purposes as if the same had been duly executed pursuant to the said recited act by such archbishop, bishop, or other ecclesiastical person, in case this act had not been passed : provided always, that the said ecclesi- astical commissioners shall, one calendar month at least before the execution of such conveyance, notify, by such notice in writing as in and by the said recited act for that purpose is directed, to the archbishop, bishop, or other ecclesiastical person under whom the said lands and premises are or shall be held as aforesaid, the amount of the annual rent to be thereafter reserved and payable out of the said lands and premises, and of the purchase money to be paid for the conveyance thereof, pursuant to the provisions of the said recited act. " XXX. And whereas in many cases the lands, tenements, and hereditaments held under leases from archbishops, bishops, or other ecclesiastical corporations sole in Ireland have been sub-let to under-tenants, who are entitled, under covenants or contracts, to the renewal of their leases from time to time as often as the first or immediate tenants thereof shall obtain renewals of their leases from any such arch- bishop, bishop, or other ecclesiastical corporation sole, and by reason of the small interest of the first or immediate tenants in such lands, tenements, and heredita- ments, or for other reasons, they may not be desirous to purchase the fee-simple and inheritance therein, and it is expedient that in such cases the under-tenants thereof should be authorized to purchase the same, subject to the provisions and regulations hereinafter contained ; be it therefore enacted, that it shall and may be lawful to and for any under-tenant, having any derivative estate or interest in any such lands, tenements, and hereditaments by virtue of any lease containing any such covenant or contract for the renewal thereof as aforesaid, either mediately or immediately through or under the first or immediate tenant thereof, to apply (in the manner prescribed by the said act in reference to first or immediate tenants) for the purchase of the fee-simple and inheritance of and in the lands, tenements, and hereditaments held by such under-tenant under any such lease, giving notice, nevertheless, in writing of such application to the first or immediate tenant of such lands, tenements, and hereditaments, and to all other tenants thereof (if any) intervening between such archbishop, bishop, or other ecclesiastical corporation sole and the under-tenant making such application, or to the known agent or receiver, agents or receivers of such first and other intervening tenants ; and upon the receipt of such notice, or at any time within twelve calendar months there- after, it shall be lawful as well for such first or immediate as for any other of such intervening tenants to apply in like manner for the purchase of the fee-simple and inheritance of and in the same lands, tenements, and hereditaments, and the first or immediate tenant of such lands, tenements, and hereditaments is hereby empow- ered to contract or agree for the purchase thereof accordingly, in the manner provided by the said act, or as near thereto as circumstances will admit, notwith- standing such lands, tenements, and hereditaments shall not constitute the whole of the lands, tenements, and hereditaments held by him under any lease from any such archbishop, bishop, or other ecclesiastical corporation sole ; and in case such first or immediate tenant shall neglect or omit to make application in manner by the said act directed for the purchase of the fee-simple and inheritance of and in such lands, tenements, and hereditaments for the space of twelve calendar months after such notice in writing shall have been given to him, or to his known agent or receiver, it shall be lawful for the said commissioners to treat, contract, or agree with such under-tenant who may have given such notice as aforesaid, or with any intervening tenant who may have made application within the said period of twelve months, for the absolute purchase by him of the fee-simple and inheritance of and in the same lands, tenements, and hereditaments, upon such and the same terms and in the same manner as in the said act is prescribed for the purchase of perpetuities by any first or immediate tenant, but subject nevertheless (in addition to the rent thereby directed to be reserved and made payable to the archbishop, bishop, or other ecclesiastical corporation sole under whom the same are immedi- ately held) to a perpetual rent-charge, or as many perpetual rents-charge as there are tenants intervening between such archbishop, bishop, or other ecclesiastical STATUTA GULIELMI IV. A.D. 1830—1837. 1639 corporation sole, and the under-tenant entering into such contract for purchase, such rent-charge or rents-charge to be ascertained in manner hereinafter men- tioned, and to be issuing out of the same lands, tenements, and hereditaments, and to be reserved and made payable to such intervening tenant or tenants, his or their heirs and assigns for ever : provided always, that in case more than one of such under-tenants shall make application for such purchase, the application of the under-tenant holding directly under such first or immediate tenant shall be pre- ferred to that of the one next below, and so on, according to priority of holding down to the under-tenant so giving notice as aforesaid ; and the said commissioners shall convey the said lands, tenements, and hereditaments, so contracted to be pur- chased, to the purchaser thereof accordingly, in the manner and under the regula- tions by the said act provided in relation to the purchases thereby authorized to be made, subject nevertheless to the additional perpetual rent-charge or rents-charge hereinbefore mentioned ; and immediately upon the execution of such conveyance the reversion or respective reversions then vested in such intervening tenant or tenants shall, so far only as respects such lands, tenements, and hereditaments, be absolutely merged and extinguished in the freehold and inheritance thereby con- veyed to such purchaser, and the said perpetual rent-charge or rents-charge, and the estate or interest therein, shall be considered as a substitute or substitutes for the rent and reversion so merged and extinguished as aforesaid. " XXXI. Provided always, and be it further enacted, that the amount of the perpetual rent-charge so to be reserved and made payable to every such intervening tenant shall be equal to the net annual income or profit rent for the time being derived by him from the lands, tenements, and hereditaments so purchased by such under-tenant as aforesaid, such net annual income or profit rent to be ascertained by deducting the amount or proportional amount of the annual rents, fines, and other outgoings and expenses payable by such intervening tenant in respect of such lands, tenements, and hereditaments from the amount or proportional amount of the annual rents, fines, and other outgoings and expenses payable to him in respect of such lands, tenements, and hereditaments by the under-tenant holding the same directly under him ; and for the purpose of ascertaining the said several particulars the said commissioners shall have all such powers and authorities, and shall take all such measures, as are respectively given to and directed to be taken by them for the purpose of ascertaining the several particulars directed to be inquired into by the said act ; and every such perpetual rent-charge shall be payable by equal half-yearly payments on the first day of May and the first day of November in each year, and shall be recoverable by all the ways and means used for the recovery of rents in Ireland. " XXXII. Provided always, and be it further enacted, that where any such intervening tenant shall not be absolutely entitled to the leasehold interest under the lease by virtue of which he holds, then and in every such case, notwithstand- ing the reservation of the said perpetual rent-charge to such intervening tenant, his heirs and assigns for ever, the same shall nevertheless inure to such uses, and upon and for such trusts, intents, and purposes, as will best correspond with the uses, trusts, intents, and purposes which for the time being shall be subsisting concerning the said leasehold interest, or would be subsisting concerning the same if such leasehold interest were still in existence, or as near thereto as the difference in the nature of the interests respectively will permit : provided always, that every such perpetual rent-charge shall be subject to such or the like provisions for appor- tionment in the event of a division of the lands, tenements, and hereditaments for the time being subject thereto, or to any part thereof, as are in the said act provided in relation to the new rents to be reserved under the said act, such appor- tionment to be applied for and ascertained in the manner and subject to the regulations prescribed by the said act, so far as the same are respectively applicable, or as near thereto as circumstances will admit. " XXXIII. And for the prevention of doubts as to the consequences of the purchase of the fee-simple and inheritance in lands, under the provisions of the fcaid recited act and this act, by any immediate or mesne tenant, be it hereby Stat. 4 & ft Gul. 4, c. 90. [IR.] Sub-tenants' applications for purchase to have preference according to priority. Mode of ascertaining amount of rent-charge. Rents-charge shall inure to same uses as leasehold interest. Rents-charge subject to apportionment in case of division of lands. Meaning of act as to im- mediate or 1G40 STATUTA GUL1KLMI IV. A.D. ]8o0-1837. Stat. 4 & 5 Gul. 4, c. 90. [Ia.] mesne tenant acquiring the fee-simple. Where sub- tenants pur- chasef superior tenants shall contribute towards pur- chase money. Differences to be referred to arbitration. Mode of ascer- taining and apportioning annual p»y- m< nts to be reserved on purchases ; declared and enacted to be the intent and meaning of the said act and this act, that any such immediate or mesne tenant shall, notwithstanding his acquisition of the fee-simple and inheritance of such lands, and the merger of any previously subsist- ing term, estate, or interest therein, have all such and the like remedies, by dis- tress, re-entry, action, or otherwise, for the recovery of the rents and duties reserved in any under-lease by him theretofore made, which he might or would have had in case he had not so acquired such fee-simple and inheritance, and as> would .have been incident to his reversion in such previously subsisting term, estate, or interest. " XXXIV. And whereas such purchase of the fee-simple and inheritance of and in such lands, tenements, and hereditaments, by any such under-tenant will be beneficial to the first and all other tenants thereof intervening between such arch- bishop, bishop, or other ecclesiastical corporation sole and the under-tenant or under-tenants making such purchase ; be it therefore enacted, that whenever such under-tenant of any lands, tenements, and hereditaments shall have contracted for the purchase of the fee-simple and inheritance thereof in manner aforesaid the said commissioners are hereby required to ascertain whether any and what proportion of the purchase money on any such purchase ought to be contributed by such first and other intervening tenants thereof as aforesaid ; and when the said commission- ers shall have ascertained the proportion or respective proportions of the purchase money to be contributed by such first and other intervening tenants as aforesaid respectively, it shall and may be lawful to and for the under-tenant so contracting to purchase as aforesaid, his heirs, executors, or administrators, by notice in writing to be given to such first and other intervening tenant or tenants, or his or their known agent or receiver, agents or receivers, to call upon and require such first and other intervening tenant or tenants to contribute his or their said proportion or respective proportions of such purchase money accordingly ; and in case any such first or other intervening tenant shall refuse or neglect to contribute such his pro- portion of the said purchase money for the space of six calendar months after such notice shall have been given to him or his known agent or receiver, then and in such case the said commissioners shall make a corresponding deduction from the said perpetual rent-charge so directed to be reserved to him as aforesaid, such deduction to be equal to six pounds per centum per annum on the proportion of the said purchase money which he shall be so required to contribute as aforesaid ; and the said commissioners shall cause the amount of every rent-charge so reduced to be inserted in or indorsed upon the conveyance of the said lands, tenements, and hereditaments to such under-tenant accordingly ; and such reduced perpetual rent- charge shall thenceforth for ever be payable in lieu of the rent-charge hereinbefore directed to be reserved to such intervening tenant respectively, his heirs or assigns, as aforesaid ; provided always, that in case any such tenant or lessee shall be dissa- tisfied with the amount of the rent-charge or proportion of the purchase money adjudged payable in manner aforesaid to or by him, the matter shall be referred to three arbitrators, one to be appointed by the tenant to whom the same is adjudged to be payable, and the other by the tenant proposing to purchase as aforesaid, and the third by the two arbitrators so appointed as aforesaid, in manner provided in the said act for the appointment of arbitrators to adjust differences between the said commissioners and tenants or lessees applying for the purchase of perpetuities under that act, and with the like powers and authorities, so far as the same are applicable ; and the determination of such arbitrators as to the amount of such rent-charge or proportion of such purchase money shall be conclusive and binding upon all persons whomsoever and the expense of such arbitration shall be borne by such party as the arbitrators shall direct. " XXXV. And be it further enacted, that in case the lands, tenements, and hereditaments proposed to be purchased by any such first or immediate tenant or by any under-tenant respectively, as the case may be, shall be and constitute part only of the lands, tenements, and hereditaments held under lease from any arch- bishop, bishop, or other ecclesiastical corporation sole, or under any intermediate lease, it shall and may be lawf ul to and for the said commissioners to ascertain the STATUTA GULIELMI IV. A.D. 1830—1837. 1641 annual payment which ought according to the provisions of the said act to hnve been reserved upon the conveyance of the fee-simple and inheritance in the whole of the lands held under such archbishop, bishop, or other ecclesiastical corporation sole in Ireland by such lease in case the whole of the said lands had been proposed to be purchased, and having ascertained the amount thereof the said ecclesiastical commissioners shall apportion the amount of the annual payment to be reserved to such archbishop, bishop, or other ecclesiastical corporation sole for or in respect of the lands, tenements, and hereditaments so proposed to be purchased ; and the said commissioners shall in like manner ascertain the net annual income derived by each of the intervening tenants from the lands, tenements, and hereditaments held by him or them respectively under their respective leases, and shall apportion with reference thereto the amount of the annual rent-charge to be reserved to each of such intervening tenants for or in respect of the lands, tenements, and heredi- taments so proposed to be purchased ; and the said commissioners shall in like manner ascertain and apportion, with reference to the annual rents reserved and made payable under and by virtue of such leases respectively, the annual payments to be thenceforth made to such archbishop, bishop, or other ecclesiastical corpora- tion sole, and to such intervening tenants or tenant respectively for and in respect of the residue and remainder of the lands, tenements, and hereditaments included in the same leases respectively ; and the said commissioners shall convey the fee- simple and inheritance of and in the said lands, tenements, and hereditaments so proposed to be purchased to the purchaser thereof, subject only to such annual payment as shall De so apportioned to be reserved in respect of the lands, tenements, and hereditaments so proposed to be purchased, (and in the case of a purchase by an under-tenant,) to the aforesaid perpetual rent-charge or rents-charge to the intervening tenant or tenants, and to make all and such other apportionments as the circumstances of the case shall in their judgment require ; all which appor- tionments shall be conclusive and binding on all parties, and the payments so apportioned on the residue and remainder of the lands not purchased shall alone be recoverable in lieu of the whole rents previously reserved by existing leases, and exactly as if such apportioned rents had been the reserved rents for and in respect of such residue and remainder of the lands not purchased. "XXXVI. And be it further enacted, that the provisions herein contained applicable to lands, tenements, and hereditaments held under any archbishop, bishop, or other ecclesiastical corporation sole in Ireland, shall extend and be applied to all lands, tenements, and hereditaments now held or hereafter to be held under the commissioners in the said act named, by reason of the suppression of the sees therein mentioned ; and in all cases in which any purchase shall be made of lands, tenements, and hereditaments held under the said commissioners, being part only of the lands, tenements, and hereditaments included in one lease, the said commissioners shall ascertain what portion of the fine theretofore payable for the renewal of such lease should be paid for or in respect of the lands not included in such purchase, and in case any difference shall arise in regard thereto the same shall be decided by arbitrators in the manner in the said act provided for deciding questions between the commissioners and tenants and lessees applying for the pur- chase of perpetuities, and the sum so ascertained shall be thenceforth deemed and taken to be the amount of fine payable for renewal of such lands, tenements, and hereditaments; and the said commissioners shall thenceforth from time to time grant renewed leases of such lands, tenements, and hereditaments, on payment of the amount so ascertained in manner in the said act provided for the entire lease, subject nevertheless to be varied in such manner and under the circumstances in the said act mentioned : provided that the payments to be reserved to the arch- bishop, bishop, or other ecclesiastical corporation sole in Ireland shall in all cases be deemed prior in order of charge to the rent-charges hereby authorized to be granted ; and where in any case there shall be more than one rent-charge reserved for or in respect of the same lands, by virtue and in pursuance hereof, the said commissioners shall state in the conveyance to be executed upon any such pur- chase the order and priority of the same charges, which shall be according to the Stat. 4 & 5 Gul. 4, c. 90. [I*.] and on the residue of the lands where the whole are not purchased. Provisions for lands held under the commissioners. Order of priority of rent-charges. 1642 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90 [Ir.] Where sub- tenant shall purchase part of lands, lease granted of remainder to be valid. Purchases made under this act not to be impeached by reason of imperfection of notices. Purchases made under provisions of recited act to extend to this act. Church esti- mates to be prepared and transmitted at such times, and calculated for such pe- riods, as the commissioners shall think fit to direct. priority of the several tenants at the date of such purchase, and in case at any- time thereafter any of the said rents-charge shall be in arrear the same shall have priority and be paid in the order so ascertained. " XXXVII. Provided always, and be it enacted, that when and so often as any tenant or sub-tenant shall have purchased the fee and inheritance of part of the lands, tenements, and hereditaments included in any lease from any such archbishop, bishop, or other ecclesiastical corporation sole in Ireland, or the said ecclesiastical commissioners, or in any intermediate lease, any lease to be there- after granted by any such archbishop, bishop, or other ecclesiastical corporation sole, or the said ecclesiastical commissioners, or by any intervening tenant or tenants as the case may be, of the residue and remainder of the same lands, tene- ments, and hereditaments, reserving only the proportion of the rent payable for or in respect of such residue and remainder, to be ascertained as aforesaid, shall be as valid in all respects in reference to the lands included in such lease as a lease of the entirety at the entire rent would have been, and in all respects have the same operation, as far as the lands, tenements, and hereditaments comprised therein are concerned, as if a lease of the entirety had been made, and all the statutes appli- cable to the renewals of the whole lease shall apply to such renewals of the part only ; any law, custom, or statute to the contrary in anywise notwithstanding. " XXXVIII. Provided always, and be it further enacted, that before the execu- tion of any conveyance to any under-tenant or under-tenants under the provisions of this act, he or they shall prove to the satisfaction of the said ecclesiastical com- missioners that the notice or notices required by this act have been duly given ; and that after the expiration of one year from the completion of any purchase by any under-tenant or under-tenants, under the provisions of this act, the same shall not afterwards be impeached or called in question by reason of any such notice or notices not having been given as aforesaid, nor by reason of any imperfection in any such notice or notices. "XXXIX. And be it further enacted, that all the provisions in the said recited act contained, in relation to the purchases thereby authorized, and to the consequences thereof, as well with reference to the parties immediately inte- rested, and their rights and liabilities, as to those having derivative and other interests, and their rights and liabilities, in all other respects whatsoever, shall, so far as the nature of the case will admit, extend and be applicable to the purchases by this act authorized to be made, and to the consequences thereof. " XL. And whereas it is by the said recited act amongst other things enacted, that the officiating curate or minister officiating as curate of every parish, union, chapelry, or perpetual curacy in Ireland, and the dean and chapter or chapter of every sucli cathedral and parochial church or cathedral used as a parish church in Ireland, shall, on or before the first day of J une in each and every year succeeding the year one thousand eight hundred and thirty- three, prepare or cause to be prepared such estimate containing such items and particulars as are in the said act mentioned, and that such estimate shall be transmitted by such person or persons whose duty it is to prepare the same to the ordinary of the diocese on or before the first day of July in each and every year succeeding the said year one thousand eight hundred and thirty-three; and it is by the said recited act further enacted, that the said ecclesiastical commissioners shall pay or cause to be paid on the first day of September in each year, for the maintenance of all and every the person or persons who at the passing of the said act was or were or should thereafter be appointed clerk or clerks of such parish, union, or chapelry, or chapel of ease, as therein mentioned, certain salaries or to grant certain allowances in the said act mentioned : and whereas it is expedient that the respective periods for preparing and transmitting such estimate and for paying such sums as aforesaid should be left to the discretion of the said ecclesiastical commissioners; be it therefore enacted, that the said estimates shall be prepared and transmitted at such conve- nient times, and shall be made and calculated for such period, commencing on such day and ending on such day in each year, as the said ecclesiastical commis- sioners shall from time to time think fit to direct and signify by writing under STATUTA GULIELMI IV. A.D. 1830—1837. 1643 their corporate seal to the person or persons whose duty it may be from time to Stat. 4 & 5 time to prepare and transmit the same ; and that such payments on account of Gul. 4, c. 90. salaries or maintenance to clerks heretofore or hereafter to be appointed shall be L a'-l made at such convenient time in each year as the said commissioners shall appoint and direct ; any thing in the said recited act contained to the contrary hereof not- withstanding. " XLI. And whereas it was by the said recited act provided, that all rates or Ecclesiastical assessments upon any parish, union, chapelry, or place, or the inhabitants thereof, commissioners e annually transmitted to the said commissioners, or as authorized the said commissioners to make provision for the maintenance of any curate, lecturer, clerk, or other minister or assistant in the celebration of divine worship, or attendant or sexton, in lieu of any provision by vestry assessment or otherwise theretofore made for such purposes by any law, statute, or custom, shall take effect and be deemed to have taken effect from the commencement of the Easter week in the said year one thousand eight hundred and thirty-three, and that any such rate or assessment made in such week, or at any time after and previous to the commencement of the said act, shall be utterly null and void in so far as respects any of the church pur- poses in the said act mentioned, but no further ; and that supplementary estimates for the said period intervening between Easter week in the said year one thousand eight hundred and thirty-three, and the commencement of the said act shall with all convenient speed be prepared, certified, and transmitted to the said commission- ers in manner and form by the said act prescribed in respect of the annual estimates to be transmitted to the said commissioners. " XLII. And whereas it was by the said recited act provided, that certain parts Upon proof of an act made in the parliament of the United Kingdom, in the seventh year of that notice his late majesty King George the Fourth, intituled, 'An Act to consolidate and ^^PP^1 amend the Laws which regulate the Levy and Application of Church Rates and renXedUlegal Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish by 7 Geo. 4, Clerks, in Ireland,' should be and the same were thereby repealed, but doubts and c-. '2> has been difficulties have arisen as to the mode of obtaining relief against such rates and glven' justl^es assessments as have been rendered illegal by such repeal, by reason of the recogni- tohear the zances, notices, and other formalities made necessary by the said act of the seventli same without vear of his late majesty King George the Fourth, in order to constitute an effectual recognizances 1G44 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 4 & 5 Gul. 4, c. 90. [la.] having been entered into. Every pa- rishioner to vote at vestries without dis- tinction. Commissioners enabled to ascertain the amount of existing charges on parishes for purposes for which vestry assessments are now pro- hibited, and to pay them off. Commissioners of public works in Ireland may lend the eccle- siastical com- missioners a sum not exceeding 100,000/. appeal against any assessment or applotment under the said last-mentioned act, and it is expedient to obviate all such doubts and difficulties, and to facilitate the trial of every such appeal upon the merits ; be it therefore enacted, that it shall not be necessary for any person who shall appeal to the justices of the peace at the general or quarter sessions of the peace to enter into any recognizance whatsoever, either by himself or with any security or securities, but that the justices before whom such appeal shall come on to be tried shall, upon proof that a notice in writing of such appeal was given to the incumbent or curate, or to both, or one of the church- wardens and three householders of the parish, chapelry, or union, six clear days at the least before such general or quarter sessions, proceed to hear and determine such appeal upon the merits, and to award costs not exceeding five pounds, against either party, as to them shall appear just. " XLIII. And be it further declared and enacted, that at every vestry to be hereafter at any time called or holden in any parish, union, or chapelry, for the purpose of making any cess, rate, assessment, or applotment whatsoever, it shall be lawful for every parishioner, of whatever religious persuasion he may be, who shall be chargeable to such cess, rate, assessment, or applotment in such parish, union, or chapelry, to vote at such vestry respecting every matter or business therein brought forward. " XLIV. And be it enacted, that it shall be lawful for the said ecclesiastical commissioners to inquire into and ascertain the amount of all such sums as may have been, at or previous to Easter week in the said year one thousand eight hun- dred and thirty- three, charged or chargeable upon any parish, union, or chapelry, for or on account of any balance of account, costs, damages, or expenses due to any churchwarden, or to any clerk or sexton for his maintenance, and also the amount of any arrears of vestry cess accrued due and not collected for the years one thou- sand eight hundred and thirty-one or one thousand eight hundred and thirty-two with which any churchwarden may have been charged in his account, and which he may have paid and cannot recover, and also the amount of all sums which any churchwarden or person may have paid or for which he may be liable on behalf oi any parish, union, or chapelry, for any purpose now executed, and for which a vestry assessment may have been made in the year one thousand eight hundred and thirty-one or one thousand eight hundred and thirty-two or one thousand eight hundred and thirty-three, not exceeding the arrears due upon such assessment ; and the said commissioners, having satisfied themselves of the amount of all such sums as aforesaid, shall, in such manner and to such extent, and subject to such regulations as they in their discretion shall think just and necessary, pay the said sums to the persons respectively entitled thereto. " XLV. And whereas it is necessary, in order to enable the said ecclesiastical commissioners to provide for the purposes heretofore defrayed by vestry assess- ment according to the provisions of the said recited act and this act, that such commissioners should be empowered to borrow a sum of money by way of moil- gage or loan on the credit of the funds accruing to them under the provisions of the said act ; be it therefore enacted, that it shall and may be lawful for the com- missioners acting under and in execution of an act made in the second and third years of the reign of his present majesty, intituled, 4 An Act for the Extension and Promotion of Public Works in Ireland,' by and with the consent and appro- bation of the lords commissioners of his majesty's treasury, to lend and advance to the said ecclesiastical commissioners such sum or sums of money, not exceeding in the whole one hundred thousand pounds, as they shall think proper, to be repaid to the said commissioners for the extension and promotion of public works in Ireland, in such manner and at such times, with interest for the same, at and after such rate, not exceeding four pounds per centum per annum on the sum or sums so advanced, as the said commissioners of the treasury shall direct and require ; and all sums so lent and advanced shall, with the interest from time to time accruing due thereon, be and the same are hereby charged upon all and every the rents, issues, and profits of all lands, tenements, or hereditaments, and the annual tax and the proceeds thereof, and all and every sum or sums of money, or STATUTA GU LI EL MI IV. A.D. 1830—1837. 1645 securities for money, vested in or which shall accrue to the said ecclesiastical com- Stat. 4 & 5 missioners and their successors under and by virtue of the said act, and all interest, Gul. 4, c. 90. dividends, profits, and proceeds thereof; and the said ecclesiastical commissioners L*R'-1 are hereby authorized and required to pay such sums of money, and such interest from time to time accruing due thereon, when and as the same shall become due and payable respectively, pursuant to the order and direction of the said commis- sioners of the treasury, from and out of the produce of the said rents, issues, and profits, and the said tax, and the other funds vested in or accruing to such eccle- siastical commissioners under the said act, prior and in preference to any other application thereof. The recited " XLVI. And be it enacted, that the said recited act of the last session of par- ^full force™6 liament for altering and amending the laws relating to the temporalities of the save as altered church in Ireland shall continue in full force and effect, save and except so far as by this act, the same is expressly repealed or altered by this present act ; and that the said an(* both acts to be con- recited act and this act shall be construed together as one act to all intents and strued toge purposes whatsoever. ther. " XLV1I. And be it further enacted, that this act may be amended, altered, Act may be or repealed by any act or acts to be passed in the present session of parliament." altered. CI. Stat. 5 & 6 Gulielmi 4, cap. xvi. A.D. 1835. Stat. 5 & 6 "An Act to enable the Prebendary of the Prebend of Highleigh, founded in the GuL' 4' cap' Cathedral Church of the Holy Trinity of Chichester, to accept Surrenders of the XW* existing Lease of any part of the said Prebend, and to grant new Leases thereof* CII. Stat. 5 & 6 Gulielmi 4, cap. xvn. A.D. 1835. Stat. 5 & 6 "An Act for building a new Parish Church in the Town of Honiton, in the GuL' 4' CAP* County of Devon" CIII. Stat. 5 & 6 Gulielmi 4, cap. xxi. A.D. 1835. Stat 5 & 6 "An Act for uniting the Rectory and Parish Church of Stanmer, in the County of Gv.L- 4' caP' Sussex, with the adjoining Vicarage and Parish Church of Palmer, and for ™' exchanging the Parsonage House and Glebe Land of Stanmer, and the Vicarage House of Palmer, for certain Pieces of Land at Palmer, being part of the settled Estates of the Right Honourable Henry Thomas, Earl of Chichester, on which a new Parsonage House has been built at the Expense of the said Earl." CIV. Stat. 5 & 6 Gulielmi 4, cap. xxv. A.D. 1835. Stat. 5 & 6 "An Act to authorize the making of Grants or Leases of Mines within and under GuL- 4> caP- Parts of the Lands belonging to the Perpetual Curacy of the Parish of Wolver- xxv' hampton, in the County of Stafford." CV. Stat. 5 & G Gulielmi 4, c. 30(1). A.D. 1835. Stat. 5 & 6 "An Act for protecting the Revenues of Vacant Ecclesiastical Dignities, Prebends, GuL* 4' c* 30' Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales." " Whereas his majesty was pleased, on the fourth day of February last, to issue a commission to certain persons therein named for considering the state of the established church in England and Wales with reference to ecclesiastical duties and revenues, which commission has since been renewed, and such renewed com- mission is now in force, and the inquiries thereby directed are now in progress, (1) Vide Stat. 6 & 7 Gul. 4, c. 67 ; Stat. Stat. 3 & 4 Vict. c. 113, s. 60 ; Stat. 4 & 5 6 & / Gul. 4, c. 77 ; Stat. 7 Gul. 4 & 1 Vict. c. 39, s. 28 ; Stat. 5 8c 6 Vict. c. 58 ; i l?*«C4r. 1 5 St3t- 1 & 2 Vict- c- 106 5 Stat' Stat- 5 & 6 Vict. c. 112 ; Stat. 6 & 7 Vict. 1 & 2 Vict. c. 108 ; Stat. 2 & 3 Vict. c. 55; c. 60; and Stat. 6 & 7 Vict. c. 77. 1646 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 Gul. 4, c. 30. Profits of dig- nities or bene- fices without cure of souls becoming vacant during the existence of the eccle- siastical com- mission, to be paid to the treasurer of Queen Anne's bounty. Treasurer to keep an ac- count of the receipts, and allow expenses. Excepting such profits of dignities now vacant as are already appro- priated. Not to prevent patrons from appointing, if they think and some time must elapse before the same can be brought to a termination: and whereas his majesty has been graciously pleased to signify, that, in order to promote the important objects of the said commission, it is his majesty's intention to defer any nomination to any vacant dignity, prebend, canonry, or benefice without cure of souls which may be in the patronage ot the crown, until the circumstances con- nected therewith shall have undergone the consideration of the said commissioners ; and the two archbishops, and divers of the bishops of England and Wales, have declared their intention of pursuing the same course with regard to similar prefer- ments in their respective patronage, (excepting only the dignity of archdeacon,) and a similar declaration has been made by certain other patrons : and whereas several dignities, prebends, canonries, and benefices without cure of souls have become vacant since the said fourth day of February last, and others may become vacant pending the said inquiries now in progress ; and it is expedient that the same should remain vacant until it shall be decided in what mode they can be disposed of so as to be made most conducive to the efficiency of the established church ; and with that view it is necessary to provide that due care be taken of the revenues of such dignities, prebends, canonries, and benefices, and that the right of presentation or collation thereto shall not lapse by reason of delay in such presentation or collation: be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that where any dignity, prebend, canonry, or benefice Avithout cure of souls, being in the patronage of his majesty, or of any archbishop, bishop, or other patron in England or Wales, has become vacant since the said fourth day of February last, or shall become vacant during the existence of the said commission now in force, or of any renewal thereof, all profits and emoluments which have arisen or accrued, and which shall arise and accrue, from every such vacant dignity, prebend, canonry, or benefice, until a successor shall have been appointed thereto, whether from houses, lands, tithes, or hereditaments to the same belonging, or from rents, fines, compositions, dividends, or other emoluments belonging to any chapter or other aggregate body, of which the dignitary, prebendary, canon, or incumbent last in possession was a member, shall be paid to the treasurer for the time being of the governors of the bounty of Queen Anne, in as full and ample manner as such dignitary, prebendary, canon, or incumbent, if he had remained in possession, or his successor, if duly appointed, inducted, or installed, would be entitled to receive the same ; and such treasurer shall, for the purpose of enforcing payment of all such profits and emoluments, have and enjoy all legal rights, powers, and remedies, whether by action, suit, or distress, as the case may be, which would belong to such successor : provided always, that such treasurer shall not have the power of granting any lease, or of presenting to any benefice with cure of souls : provided also, that such treasurer shall not be answerable or accountable for any monies payable by virtue of this act which shall not have been actually received by him. "II. And be it further enacted, that such treasurer shall keep an account of all sums received by him under this act separate from all other funds in his hands, and distinguishing each dignity or benefice in respect whereof the same shall be received, and shall allow all costs, expenses, and outgoings which would have fallen on the deceased incumbent, or may be reasonably incurred in the receipt of or enforcing the payment of the sums received, the amount thereof being allowed by the governors of the said bounty for the time being, and shall retain the balance in his hands until he shall be otherwise ordered by competent authority. " III. Provided always, and be it enacted, that nothing in this act contained shall apply to or affect any profits or emoluments of any dignity, prebend, canonry, or benefice now vacant, which shall have been already divided or carried to any particular account, according to the statutes, customs, or usages of the cathedral or collegiate church in which such dignity may be founded. " IV. Provided also, and be it enacted, that nothing in this act contained shall prevent his majesty, or any archbishop, bishop, or other patron of any dignity, prebend, canonry, or benefice without cure of souls, which may have or hereafter STATUTA GULIELMI IV. A.D. 1830-1837. 1647 shall become vacant, from appointing a successor thereto in case he shall think proper to do so. " V. And be it further enacted, that where any benefice with cure of souls, being in the patronage of the holder or incumbent of any such dignity, prebend, canonry, or benefice as aforesaid without cure of souls, shall have become or shall become vacant during the vacancy of such last-mentioned dignity, prebend, canonry, or benefice, the patron of such last-mentioned dignity, prebend, canonry, or benefice, shall be entitled to present to such benefice with cure of souls. " VI. And be it further enacted, that the right of presentation or collation to any dignity, prebend, canonry, or benefice without cure of souls so become or becoming vacant as aforesaid shall not, by reason of any delay in presenting or collating thereto, lapse to any bishop or archbishop, or to the king's majesty ; any law or custom to the contrary notwithstanding : provided always, that the patron of such vacant dignity, prebend, canonry, or benefice, shall within six months after the vacancy give notice thereof in writing to the commissioners hereinbefore men- tioned, who shall transmit a copy of such notice to the said treasurer ; and the said treasurer shall, upon receipt thereof, forthwith proceed to demand, collect, and receive, and shall, during the time that such dignity or benefice shall remain liable to the provisions of this act, continue from time to time to demand, collect, and receive the profits and emoluments as they shall respectively become due and pay- able, and shall diligently use and exercise all the powers and authorities hereby to him given for duly and regularly enforcing the payment thereof." Stat. 5 & 6 Gul. 4, c. 30. proper to do so. Providing for the presenta- tion to bene- fices in the patronage of such vacant dignity, &c. Right of pre- sentation to vacant dignity or benefice not to lapse. Treasurer of Queen Anne's bounty to collect the profits of the vacant bene- fice, &c. CVI. Stat. 5 & 6 Gulielmi 4, c. 50. A.D. 1835. "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England" " CXI. And be it further enacted, that if the inhabitants of any parish shall agree at a vestry to defend any indictment found against any such parish, or to appeal against any order made by or proceeding of any justice of the peace in the execution of any powers given by this act, or to defend any appeal, it shall and may be lawful for the surveyor of such parish to charge in his account the reason- able expenses incurred in defending such prosecution, or prosecuting or defending such appeal : after the same shall have been agreed to by such inhabitants at a vestry or public meeting as aforesaid, and allowed by two justices of the peace within the division where such highway shall be ; which expenses, when so agreed to or allowed, shall be paid by such parish out of the fines, forfeitures, pay- ments, and rates authorized to be collected and raised by virtue of this act : pro- vided nevertheless, that if the money so collected and raised is not sufficient to defray the expenses of repairing the highways in the said parish, as well as of defending such prosecution, or prosecuting or defending such appeal as aforesaid, the said surveyor is hereby authorized to make, collect, and levy an additional rate in the same manner as the rate by this act is authorized to be made for the repair of the highway." Stat. 5 & 6 Gul. 4, c. 50. Expenses for defending prosecutions agreed upon at a vestry meet- ing, how to be paid. CVII. Stat. 5 & 6 Gulielmi 4, c. 54. A.D. 1835. "Ari Act to render certain Marriages valid, and to alter the Law xoith respect to certain Voidable Marriages." " Whereas marriages between persons within the prohibited degrees are void- able only by sentence of the ecclesiastical court pronounced during the lifetime of both the parties thereto, and it is unreasonable that the state and condition of the children (I) of marriages between persons within the prohibited degrees of (1) State and condition of the children: — In Ray v. Sherwood, (1 Curt. 227; vide etiam 1 Moore P. C. 353,) it was held, that a father has a sufficient interest to enable him to a suit in the civil form, for the purpose of annulling the marriage of his daughter when of age: Sir Herbert Jenner observing, "The question then comes to this : is the interest of a father in the marriage of a daughter or of a son, who has attained majority, and especially in the case of a daughter, is the interest of a father in respect to such daugh- ter, who is still an inmate of his house, and a part of his family, sufficient to entitle him Stat. 5 & 6 Gul. 4, c. 54. 1648 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 Gul. 4, c. 54. Marriages before the affinity should remain unsettled during so long a period, and it is fitting that all marriages which may hereafter be celebrated between persons within the prohi- bited degrees (1) of consanguinity {%) or affinity should be ipso facto void, and not to proceed in a cause to have the marriage of such daughter or son declared void ? What are the considerations which apply to cases of this description? Does it follow, because the daughter or son has attained majority, that therefore all the obligations which ex- isted between them have ceased? Did they all terminate with minority? Are all the mutual and respective obligations, and duties and rights, of the parties — all the power, control, and authority, of a father over such a son or daughter, at an end the day they attain majority ? I think clearly and un- doubtedly not. So long as a son or daughter resides under the father's roof, though major, they still make a part of the family ; and he, as the head of the family, has the care of the family, and is entitled to exercise a parental control over such persons. I do not conceive that a father is relieved from the obligation of maintaining, supporting, protecting, and ad- vising a daughter so circumstanced : the mu- tual obligations and duties remain the same — that of protection and advice from the parent, and filial duty and reverence from the child." 1 Black. Com. by Chitty, 446-466. Durs- ley {Lord) v. Fitzhardinge Berkeley, 6 Ves. 251. Rex v. New Forrest {Inhabitants of), 5 T. R. 478. Rex v. Sowerby {Inhabitants of), 2 East, 276. Rex v. Roach {Inhabitants of), 6 T. R. 252. Rex v. Everton (Inhabi- tants of), 1 East, 526. Rexv.Bleasby (In- habitants of), 3 B. & A. 377. Rex v. Wil- mington (Inhabitants of), 5 B. & A. 525. Rex v. Lawford (Inhabitants of), 8 B. & C. 271. (1) Prohibited degrees: — A marriage with the sister of a former wife's mother is null and void under Stat. 5 & 6 Gul. 4, c. 54; consequently, if a man marry A., and after her death marry B., the sister of A.'s mo- ther, and then, during the lifetime of B., marry a third person, he cannot be convicted of bigamy, because the marriage to B. was null and void. Thus, in Regina v. Madden, (1 Irish Circ. Rep. 731,) it appeared in evi- dence, that in the year 1827, the prisoner married a woman named Mary Duncan, who died in the year 1839. In the month of No- vember, 1840, the prisoner was again mar- ried to one Anne Mullhaire, by the Rev. Mr. Crotty, then of Birr, who had been a Roman catholic priest, but who at this time pro- fessed the presbyterian religion, and was of- ficiating as a minister of that religion. The parties were both Roman catholics, and Anne Mullhaire was the sister of the mother of Mary Duncan, the prisoner's former wife. The ceremony was not performed according to the form prescribed in the Roman catholic church, but according to the presbyterian form. It also appeared that Mr. Crotty, at the time he performed this ceremony, had not jurisdiction according to the rules of the Roman catholic church, to perform the mar- riage ceremony. In September, 1842, the prisoner was again married to one Mary Fitz- patrick, both Roman catholics, by a Roman catholic clergyman; Anne Mullhaire being still alive. On behalf of the prisoner, it was submitted that the prisoner must be acquitted. That in an indictment for bigamy, it was essen- tial to prove two valid, legal, and binding marriages in the lifetime of the parties. That the marriage in 1827 was out of the question, except so far as the relationship that existed between the person, the prisoner then married, and Anne Mullhaire ; and that the marriage with Anne Mullhaire was an invalid marriage, having been a ceremony performed between two Roman catholics, not according to the ritual of their church, and by a person who had at the time no jurisdic- tion or authority to perform such a cere- mony, save as a presbyterian minister, and as such his marriage was invalid. Regina v. Millis, 1 Jebb & Bourke (Irish), 219. Upon another ground, also, that marriage was wholly void ; the second section of Stat. 5 & 6 Gul. 4, c. 54, having enacted, "that all marriages which shall hereafter be celebrated between persons within the prohibited de- grees of consanguinity or affinity, shall be absolutely null and void to all intents and purposes whatsoever." That statute was passed in August, 1835, prior to the marriage with Anne Mullhaire, and one of the degrees of affinity in the list of prohibited degrees, in the Book of Common Prayer, is the "wife's mother's sister," which was the precise de- gree of affinity subsisting between Anne Mullhaire and the prisoner. That the mar- riage with Anne Mullhaire, being therefore upon such grounds null and void, the pri- soner had not committed the crime of bigamy. To these arguments, the counsel for the crown replied, that the Rev. Mr. Crotty was an ordained priest of the Roman catholic church, and not the less a priest, because he abjured the tenets of that church, or by the decrees of that church had been forbidden to perform the marriage ceremony. This, there- fore, distinguished the case from Regina v. Millis, (Ibid.) and Regina v. Smith, (2 Craw- ford & Dix (Irish), 318,) which turned upon the fact that the person celebrating the mar- riage was not in holy orders. But that the matter was put beyond doubt by Stat. 5 & 6 Vict. c. 113, which passed on the 12th of August, 1842, and confirmed all marriages theretofore celebrated in Ireland, by pres- byterian or other dissenting ministers or teachers. As to the second objection. That this marriage was not within the "prohibited de- grees" referred to in Stat. 5 & 6 Gul. 4, c. 54. Those words must be understood as referring to degrees prohibited by the common or sta- tute law, and not by the canons; for the canons, though the violation of them might subject a clergyman to ecclesiastical cen- sures, could not be held binding on the laity. Middleton v. Croft, 2 Str. 1056. That the prohibited degrees as known to and recog- nised by our law, were precisely detailed in STATUTA GULIELMI IV. A.D. 1830—1837. 1G49 merely voidable : be it therefore enacted and with the advice and consent of the Stat. 28 Hen. 8, c. 2, s. 2 (ante 202), and were afterwards generally referred to in Stat. 33 Hen. 8, c. 6 (ante 274), where it declared "all persons to be lawful, that be not prohi- bited by God's law to marry." Now, the degree in question did not appear either in Stat. 28 Hen. 8, c. 2, or in the 18th chapter of Leviticus, which was manifestly referred to by Stat. 33 Hen. 8, c. 6; and therefore could not be deemed a prohibited degree. Mr. Justice Burton having expressed a strong opinion against the first objection, his lordship said, that the second question was one of so much novelty, and depended so much upon the law relating to marriage as established in the ecclesiastical courts, and the precise circumstances under which, previous to the recent statute, marriages were held voidable in [the common law] courts, that it was evident, the question could not be satisfac- torily considered upon circuit. The learned judge then suggested, that the cheapest and most expeditious course for him to take, if there was no objection to it, was to send the case to the jury, reserving the objections for argument in town immediately after his re- turn, and if he then felt any doubt upon the case, or if the counsel for either party should then desire to have the case brought further, he would bring it before the twelve judges. This course was acceded to by all the par- ties, and the case having been sent to the jury, they found a verdict of guilty. Upon the return of the learned judge to town, the case was by counsel again brought before him; when his lordship determined, upon a full consideration of all the authori- ties, that the relationship in the present case was within the prohibited degrees, and that consequently, as such relationship rendered the marriage with Anne Mullhaire null and void under the recent statute, it was clear that the prisoner had not committed the crime of bigamy. This decision having been acquiesced in, the prisoner was subsequently pardoned by the crown, upon the recom- mendation of Mr. Justice Burton. (2) Prohibited degrees of consanguinity : — In Ray v. Sherwood, (1 Curt. 193; vide etiam 1 Moore P. C. 353,) Sir Herbert Jenner stated, 1 ' The question depends on the act of parliament recently passed with reference to marriages of this description, which were voidable ; Mr. Sherwood having married, as it is alleged, the sister of his deceased wife." . . . . " It is quite impossible to say, that this is not a case which calls loudly for the interference of those courts to whose cogni- zance such questions properly belong. In the first place, this is a contract which is prohibited by the laws both of God and man — for so, sitting in an ecclesiastical court, I should be bound to consider it, even if I were, as I am not, among the number of those who privately entertained any doubt upon the subject. In the second place, it is a secret and clandestine marriage; perhaps not clandestine in the strict legal meaning of the term, for the term ' clandestine' is ap- by the king's most excellent majesty, by Stat. 5 & 6 lords spiritual and temporal, and com- Gul. 4, c. 54. passing of this plied by the law to a marriage where there act» of Personi» has not been a due publication of banns, and I am not at liberty to enter into that ques- tion; but, morally speaking, and using the common acceptation of the term, it is a secret and clandestine marriage, purposely and stu- diously concealed from the knowledge of those who were directly interested to prevent one of the parties from entering into the un- hallowed contract. Lastly, it is a case call- ing for the interference of the court; because, as I collect from the libel, there has been no cohabitation of the parties since the marriage, so that it is not too late now for the court to prevent the consummation of the offence, if the law has not placed an insuperable barrier to any proceeding for that salutary purpose. " That this court would and ought to lend its aid and assistance towards the accomplish- ment of so desirable an object, cannot be doubted ; and I have myself no hesitation in saying, that I should feel great regret if I were to find myself placed in such a situation as to be obliged to reject this libel, and thereby in effect to pronounce that the va- lidity of this marriage could not be ques- tioned. What would be the condition of the parties and of the court, if such should be its present decision ? Mr. Sherwood would have a right to claim the consortium of his wife ; and if she refused to cohabit with him, he would be entitled to institute a suit in these courts, not for the purpose of compelling her to re- turn to cohabitation in his house, (for into it she has never entered as his wife,) but to af- ford him the consortium vital, which she has withheld from him by his own consent from the date of the marriage to the present time. The court would thus be accessory to the commission of that offence, of which there is every reason to believe she is at the present moment innocent. And when the court has issued its fat to compel her to cohabit with her husband, it may the next day, in another branch of its jurisdiction, be called upon to punish her for the very crime, to the com- mission of which the court itself has been an instrument; for, looking at the words of the act of parliament, I am by no means pre- pared to say that, in prohibiting the ecclesi- astical courts from annulling marriages of this kind, subsisting at the time of the pass- ing of the act, the legislature has altered the law in any other respect. " I am not prepared to say, that the par- ties may not be punished by the ecclesiastical law for the incest, though the validity of the marriage cannot be called in question. How stood the law before this act of parliament ? Originally, as now, these marriages were void ab initio, when sentence was pronounced by the ecclesiastical court : and it appears that the ecclesiastical courts were in the habit of annulling these marriages, even after the death of the parties, after the death of both, or of one only. And this seems to have been the practice antecedent to the canon of 1603, as will be evident from a reference to the Articuli Cleri, (2 Inst. 614,) bv Archbishop 5 N 1650 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & Gul. 4, c. within the prohibited 6 mons, in this present parliament assembled, and by the authority of the same, 54» that all marriages which shall have been celebrated before the passing of this act Bancroft, in the 3rd James the First, (in the year 1606,) whence it appears that the prac- tice had existed for a long time before, and that the ecclesiastical courts complained of the interference of the temporal courts in cases of ecclesiastical cognizance ; and amongst others, (in the 20th article,) 'that a prohibi- tion had been awarded in a case of an incest- uous marriage, suggesting, under pretence of a statute of Henry the Eighth, that it apper- tained to the temporal courts, and not to the ecclesiastical, to determine what marriages are lawful, and what incestuous, by the word of God.' To which the answer of the twelve judges was, ' That these were cases that we (the temporal courts) may deal with, both with marriages and deprivations ; as where they (the ecclesiastical courts) will call the marriage in question after the death of any of the parties ; the marriage may not then be called in question, because it is to bastardize and disinherit the issue, who cannot so well defend the marriage as the parties, both liv- ing, might themselves have done.' The prac- tice, then, clearly existed at that time of de- claring these marriages void after the death of the parties, and the temporal courts inter- fered for the purpose of protecting the interest of the issue of such marriages, and not that of the guilty parties ; for, as it appears from the case of Harris v. Hicks, (2 Salk. 548,) in the 4th and 5th of William and Mary, where a man had married the sister of his deceased wife, and it was suggested that the second wife was dead, and a son, the issue of the second marriage, would be entitled to lands ; the temporal court in that case issued a prohibition against these courts proceeding to annul the marriage between the parties after the death of one of them, but it did not prohibit them from punishing the survivor for the incest committed during cohabitation. " If this, then, was the state of the law at that period, what has occurred to alter it since ? Nothing but this act of parliament, passed on the 31st August, 1835, the 5th and 6th of William the Fourth, so often ad- verted to in the course of these proceedings. What did this act of parliament-do ? The title of it is, 'An Act to render certain Marriages valid, and to alter the Law with respect to certain voidable Marriages.' And if the ob- ject of the act had been to declare all such marriages existing at the time of the passing of the act, notwithstanding they were origin- ally illegal, good and valid marriages to all intents and purposes, (as has been contended it does by the learned counsel for Mr. Sher- wood,) it might admit of a question, whether under such circumstances, this court could punish the parties for incestuous cohabita- tion ; but the enacting part of the act does not declare any such thing. After declaring in the preamble, ' Whereas, marriages be- tween persons within the prohibited degrees are voidable only by sentence of the ecclesi- astical court, pronounced during the lifetime of both the parties thereto, and it is unrea- sonable that the state and condition of the children of marriages between persons within the prohibited degrees of affinity should re- main unsettled during so long a period, and it is fitting that all marriages which may hereafter be celebrated between persons with- in the prohibited degrees of consanguinity or affinity should be ipso facto void, and not merely voidable then, in the enacting part of the act, I find these words : 1 Be it there- fore enacted, that all marriages which shall have been celebrated before the passing of this act between persons being within the prohibited degrees of affinity, shall' not be good and valid to all intents and purposes, but ' not hereafter be annulled for that cause by any sentence of the ecclesiastical court, unless pronounced in a suit which shall be depending at the time of the passing of this act;' and the act has nothing to do with marriages within the prohibited degrees of consanguinity. " The enacting part of the act does not declare these marriages to be good and valid to all intents and purposes, as might be sup- posed from the title of the act ; and although the title, as well as the preamble, may be important where there is any doubt or ambi- guity in the enacting part of a statute, when a reference may be made to the title and pre- amble for the purpose of explaining such doubt and ambiguity ; but the title can give no effect to the enacting words of a statute, where those words are plain and unambigu- ous. I apprehend that they are independent of the title, which can have effect only so far as to obviate and explain doubt or ambiguity in the enacting part of a statute. I do not think, where the enacting part of the statute is to the effect ' that all marriages which shall have been celebrated before the passing of this act between persons being within the prohibited degrees of affinity, shall not here- after be annulled for that cause by any sen- tence of the ecclesiastical court,' that this amounts to a prohibition to the ecclesiastical court to punish the parties under another branch of the law for incestuous cohabitation. I apprehend the law is not altered in this respect, and that the court is not prohibited by this act from punishing parties for such cohabitation, although it cannot declare the marriage null and void. "Again, if we look to the preamble of the act, it is not for the protection of the parties who have been guilty of the offence, for such it is by the ecclesiastiual law and by the law of God, but for the protection of the chil- dren, for that is the purpose and object of the act, to settle the estate and condition of the innocent issue of such marriages, not to screen the delinquent parties. But whatever may have been the intention of the legisla- ture, and whatever may be the effect of this act of parliament, the marriage had between the two parties, Thomas Moulden Sherwood and Emma Sarah Ray, is an incestuous mar- riage, and must ever so remain. The law of God cannot be altered by man. The legisla- ture may exempt the parties from punish- STATUTA GULIELMI IV. A.D. 1830—1837. 1651 between persons being within the prohibited degrees of affinity, shall not hereafter be annulled for that cause by any sentence of the ecclesiastical court, unless pro- nounced in a suit which shall be depending at the time of the passing of this act{\): Stat. 5 & 6 Gul. 4, c. 54; degrees, not to be annulled. ment; it may legalize, humanly speaking, every prohibited act, and give effect to any contract, however inconsistent with the divine law, but it cannot change the character of the act itself, which remains as it was, and must always so remain, whatever be the effect of the act of parliament." (1) A suit which shall be depending at the time of the passing of this act .— In Rag v. Sherwood, (1 Curt. 217,) it was held, that the service of a citation was sufficient to constitute peudency of suit. Sir Herbert Jenner observing, inter alia, "I find a case which I think has much the same complexion as the present, which was decided in the court of Arches by my predecessor in this chair — the case of Balfour v. Carpenter, (1 Phill. 204.) It was an appeal from the Consistorial and Episcopal court of Exeter, from the re- jection of a part of the libel in a suit of nullity of marriage, by reason of the licence having been granted by a person who had no autho- rity to grant it, and a part of the libel was rejected, and from that rejection an appeal was brought to this court. I find the appeal is stated in this way. It was a business of appeal and complaint by William Balfour, of a grievance; and in the libel of appeal is stated, ' that it was a suit depending in the Consistorial and Episcopal court of Exeter, in a certain cause of nullity of marriage,' in which the judge of that court had rejected one of the articles of the libel, and from such rejection an appeal was brought to the court of Arches. I have now before me the origi- nal papers in that appeal, and I find that the libel sets forth, as I have stated, that it was an appeal in ' a cause depending' in the court below ; and it recites these words — 1 a cause of nullity of marriage depending in the Con- sistorial and Episcopal court of Exeter;' and therefore it is not the form of proceeding in this cause only, but it is the customary form, (and I may say the regular form,) and it is the same in all the cases to which I have re- ferred; and many other cases might be pro- duced, for the form is the same in all cases of appeal : in all, the expression is ' a suit depending,' or ' a cause depending,' in respect to the question on which the appeal is brought, and the form is not peculiar to this court. So much for the common sources of informa- tion from which we are accustomed to derive our knowledge as to the practice of these courts, all of which concur in stating 'a cause depending,' notwithstanding that, in an ap- peal from a grievance on account of the re- jection of the libel, there can have been no contestatio litis, and consequently, according to the argument of the learned counsel for the respondent, there can have been no suit — no lis pendens. But in all these cases, a cause is described as ' depending' before the contestatio litis. " If it was necessary to cite authorities, I should like to refer to domestic writers, those who more particularly treat of the practice of the profession, deriving their knowledge from experience ; and there is one authority which I will advert to, and only one, which supports the view I have taken, and which is in opposition to the argument used against the admission of the libel. I mean Oughton, in his Ordo Judiciorum, not that part in which he sets forth the different stages of a suit, or parts of the judicium, (for writers differ from each other, and there is some confusion between the causes and the judi- cium, even the authorities so much adverted to in the argument, and which, though foreign writers, are said to be guides as to our practice,) but in that part where he treats of the order of proceeding in matrimo- nial suits. That authority (not in the pas- sages which have been adverted or referred to by the counsel for Mr. Sherwood, but in another part of his treatise) speaks of pro- ceedings ' lite pendente,1 where there could have been no contestatio litis, and even be- fore the return of the citation. In title 198, where he treats De citatione in causa ma- trimoniali, I find it thus laid down by him : 1 Si agens in causa matrimoniali credit vel dubitat partem ream citaudam velle (lite, pendente) ad aha vota convolare, (id est, cum alio aut contrahere aut solemnizare matrimo- nium,) curare potest ut in citatione inseratur inhibitio contra partem ream ne (lite hujus- modi pendente) convolet ad alia vota; matri- moniumve aliunde quovis-modo contrahat, et quod si de facto antea contraxerit, (id est, ante executionem citationis,) illud in facie ecclesiae solemnizari non procuret, sub poena juris et contemptus.' So that, in a proceeding in causa matrimoniali, if the party against whom the suit is instituted lite pendente, enters into a contract of marriage with another person, the other party has a remedy, and this pendency of suit is ante executionem citationis; so that here is a lis pendens referred to before a contestatio litis. Again, in title 201 : 'Si mulier contra quam agitur in causa matrimoniali, non obstante pendentia litis et inhibitione, (quod lite pen- dente, non convolaret ad alias nuptias,) ma- trimonium solemnisaverit vel matrimonium contraxerit cum alio ; hoc allegato et probato est sequestranda, (sumptibus petentis,) lite pendente.' And there are several other parts of the section, De causa matrimoniali which speak of a breach of the inhibition pendente lite. In title 31, De contemptu, is this : ' De modo petendi decretum in negotio contemptus in causa matrimoniali; nempe propter solemnizationem matrimonnii (pendente lite) inhibitione judicis in contra- rium non obstante.' Again, after reciting the issuing and serving of the citation with the inhibition, it proceeds : ' Quodque (ves- tris literis inhibitoriis, et executione earun- dem non obstantibus) ipsa, post executionem earundem (in contemptum juris et jurisdic- tionis vestrse non ferendum) matrimonium quoddam prseteusum (de facto) contraxit cum quodamvis et illud in facie ecclesite so- lemnizari seu potius profanari curavit.' It 5 N 2 1652 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 Gul. 4, c. 54. Marriages of persons within prohibited degrees here- after to be ab- solutely void. Not to extend to Scotland. Act may be altered this session provided that nothing hereinbefore enacted shall affect marriages between persons being within the prohibited degrees of consanguinity. " II. And be it further enacted, that all marriages which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void to all intents and purposes whatsoever. " III. Provided always, and be it further enacted, that nothing in this act shall be construed to extend to that part of the United Kingdom called Scotland. "IV. And be it enacted, that this act may be altered or repealed by any act or acts to be passed in this present session of parliament." Stat. 5 & 6 Gul. 4, c. 58. [Sc.] CVIII. Stat. 5 & 6 Gulielmi 4, c. 58. [Scotland.] A.D. 1835. (An Act to amend the Acts relating to the Hereditary Land Revenues of the Crown in Scotland." Stat. 5 & 6 Gul. 4, c. 62. Oath of alle- giance still to be required in all cases. Oaths in courts of jus- tice, &c. still to be taken. CIX. Stat. 5 & 6 Gulielmi 4, c. 62. A.D. 1835. "An Act to repeal an Act of the present Session of Parliament, intituled. An Act for the more effectual Abolilion of Oaths and Affirmations taken and made in xavious Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of Voluntary and Extra-judicial Oaths and Affidavits; and to make other Provisions for the Abolition of unnecessary Oaths." " VI. Provided always, and be it enacted, that nothing in this act contained shall extend or apply to the oath of allegiance in any case in which the same now is or may be required to be taken by any person who may be appointed to any office, but that such oath of allegiance shall continue to be required, and shall be administered and taken, as well and in the same manner as if this act had not been " VII. Provided also, and be it enacted, that nothing in this act contained shall extend or apply to any oath, solemn affirmation, or affidavit which now is or hereafter may be made or taken, or be required to be made or taken, in any judicial proceeding in any court of justice, or in any proceeding for or by way of summary conviction before any justice or justices of the peace, but all such oaths, affirmations, and affidavits shall continue to be required, and to be adminis- would seem to follow from these passages, that this writer considered that there was a lis pendens after the issuing the decree or ser- vice of the citation; but it is impossible he could have had in view, in speaking of these proceedings, the contestatio litis; for, accord- ing to Oughton, the contempt is founded upon the breach of the inhibition after the service of the decree. " So that it appears, with reference to the customary form of the instruments in pro- ceedings in these courts, and also to the au- thority of Oughton, who has been relied on as an authority for the general practice of these courts, that the contestatio litis is not necessary to constitute a lis pendens ; that there may be ' a suit depending in the Eccle- siastical court' before the contestatio litis, and that the lis pendens, according to this authority, commences with the extracting and service of the citation ; and if not, by analogy with other courts, on the return of the citation, whenever it may be. To be sure, we may suppose a case in which there would be great hardship. For what is the fact ? Till a late period it was not in the power of the Consistorial court of London to appoint additional court-days ; and, supposing that the sittings of the court were over, no proceedings could have taken place till the first session of Michaelmas Term following ; and the party, without any fault of bis own, would have been precluded from the benefit of the exception from the prohibitory clause in the act. I consider, then, in the first place, that it is not a technical meaning which we are to apply to the words 1 suit de- pending in the Ecclesiastical court,' no such technical meaning being intended by the le- gislature ; and, secondly, I am of opinion that, if these words were to receive an inter- pretation according to the technical rules of practice of the court, they would not take away the jurisdiction of this court. "I therefore entirely agree in opinion with the judge of the court below on this point — that the jurisdiction of the court is not taken away by the act of parliament on the ground that there was no suit depending, touching the validity of this marriage, at the passing of the act, which is requisite in order to bring it within the terms of the exception of the act, which requires that the sentence of nullity should be pronounced in ' a suit which shall be depending at the time of the passing of this act.' " STATUTA GULIELMI IV. A.D. 1830—1837. 1653 tered, taken, and made, as well and in the same manner as if this act had not Stat. 5 & 6 been passed. Gvl. 4, o. 62. " VIII. And be it enacted, that it shall be lawful for the universities of Oxford Universities of and Cambridge, and for all other bodies corporate and politic, and for all bodies Oxford and now by law or statute, or by any valid usage, authorized to administer or receive aiuTother6' any oath, solemn affirmation, or affidavit, to make statutes, bye-laws, or orders, bodies, may authorizing and directing the substitution of a declaration in lieu of any oath, substitute a solemn affirmation, or affidavit, now required to be taken or made : provided declaration in always, that such statutes, bye-laws, or orders, be otherwise duly made and ieuofanoath- passed, according to the charter, laws, or regulations of the particular university, other body corporate and politic, or other body so authorized as aforesaid. " IX. And whereas persons serving the offices of churchwarden and sidesman Churchwar- are at present required to take an oath of office before entering upon the execu- den's and tion thereof, and also an oath on quitting such office, and it is expedient that a o^^olished declaration shall be substituted for such oath of office, and that the oath on quit- and a declara-' ting the same shall be abolished ; be it enacted, that in future every person tion to be made entering upon the office of churchwarden or sidesman, before beginning to dis- in lieu thereof, charge the duties thereof, shall, in lieu of such oath of office, make and subscribe, in the presence of the ordinary or other person before whom he would, but for the passing of this act, be required to take such oath, a declaration that he will faithfully and diligently perform the duties of his office, and such ordinary or other person is hereby empowered and required to administer the same accord- ingly: provided always, that no churchwarden or sidesman shall in future be required to take any oath on quitting office as has heretofore been practised." CX. Stat. 5 & 6 Gulielmi 4, c. 69 (1). A.D. 1835. Stat. 5 & 6 'An Act to facilitate the Conveyance of Workhouses and other Property of Pa- ^UL* 4' C* rishes(2), and of Incorporations or Unions of Parishes, in England and Wales " CXI. Stat. 5 & 6 Gulielmi 4, c. 71. A.D. 1835. Stat. 5 & 6 "An Act for appointing Commissioners to continue the Inquiries concerning ^UL* 4' c* ^* Charities in England and Wales until the first day of March, One thousand eight hundred and thirty-seven." (1) Vide Stat. 4 & 5 Vict. c. 38, s. 6. Extended by Stat. 7 Gul. 4 & 1 Vict. c. 50. (2) Property of Parishes : — In Reyina v. Abrahams, (4 Q. B. 157,) it appeared, that an individual conveyed lands to private per- sons in trust, to distribute the rents periodi- cally among the poor of a certain parish. The deed provided that a receiver should be appointed, and who should account to the parishioners from time to time ; and that a coffer, of which there should be three locks and three keys, should remain in the parish church for keeping all writings and accounts, and trust monies unexpended ; one key to be kept by the receiver, another by the incum- bent or curate, and the third by one of the churchwardens. An information was after- wards exhibited in Chancery, praying that a scheme might be approved of for the future management of the charity and application of the funds ; and a scheme was accordingly prepared and decreed, regulating the matters referred to in the above prayer, but making no mention of the coffer or keys. On mo- tion for a mandamus to the trustees to deliver one key to the churchwardens : it was held, that the claim of the churchwardens was not merely equitable, but that they had a legal right which might be enforced by mandamus; it was also held to be no objection to the rule, that the charity was a private institu- tion: Lord Denman observing, "I think the claim of the churchwarden to have a key, as being one of the parties named in the deed for that purpose, is a legal right. It is independent of the general administration of the funds. The court does not interfere in the case of dissenting ministers, and in other instances, where the establishments are private. It is true that, in Exparte Ruy- by Charity {The Trustees of), (9 D. & R. 214,) a mandamus to pay certain persons an increased allowance was refused ; but that would clearly have been an interference with the administration of the funds.' 1 1054 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 5 & 6 Gul. 4, c. 74. 7 & 8 Gul. 3, c. 6. 53 Geo 3, c. 127. Proceedings for the reco- very of tithes under 10/. (except in the case of qua- kers) shall be had only under the powers of the two first- recited acts. CXII. Stat. 5 & 6 Gulielmi 4, c. 74(1). A.D. 1835. "An Act for the more easy Recovery of Tithes." " Whereas an act was passed in the seventh and eighth years of the reign of King William the Third, intituled, ' An Act for the more easy Recovery of Small Tithes,' whereby it was amongst other things enacted, that two or more of his majesty's justices of the peace were authorized and required to hear and determine complaints touching small tithes, oblations, and compositions subtracted or with- held, not exceeding forty shillings ; and whereas an act was passed in the fifty- third year of the reign of his late majesty King George the Third, intituled, 6 An Act for the better Regulation of Ecclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes,' whereby the jurisdiction of the said jus- tices was extended to all tithes, oblations, and compositions subtracted or withheld, where the same should not exceed ten pounds in amount from any one person ; and whereas by an act of the seventh and eighth years of the reign of King William the Third, chapter thirty-four, provision is made for the recovery of great and small tithes (not exceeding the amount of ten pounds) due from quakers, by distress and sale, under the warrant of two justices ; and whereas by an act of the first year of the reign of King George the First, chapter six, the provisions of the said last-men- tioned act were extended, in the case of quakers, to all tithes or rates, and custom- ary rights, dues, and payments belonging to any church or chapel ; and whereas by the said recited act of the fifty-third year of the reign of King George the Third the aforesaid provisions in relation to quakers were amended, and were also made applicable to any amount not exceeding fifty pounds ; and whereas by an act of the parliament of Ireland of the seventh year of the reign of King George the Third, chapter twenty-one, amended and extended by an act of the parliament of the United Kingdom of the fifty-fourth year of the reign of King George the Third, chapter sixty-eight, similar provisions are in force in Ireland for the recovery, from quakers, of great and small tithes, and customary and other rights, dues, and pay- ments belonging to any church or chapel, not exceeding the amount of fifty pounds ; and whereas it is highly expedient, and would further tend to prevent litigation, if, in the cases and with the exceptions hereinafter mentioned, all claimants were restricted to the respective remedies provided by the said recited acts; be it there- fore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that from and after the passing of this act no suit or other proceeding shall be had or instituted in any of his majesty's courts in England now having cognizance of such matter for or in respect of any tithes, oblations, or compositions withheld, of or under the yearly value of ten pounds, (save and except in the cases provided for in the two first-recited acts,) hut that all complaints touching the same shall, except in the case of quakers, be heard and determined only under the powers and provisions contained in the said two first-recited acts of parliament in such and the same manner as if the same were herein set forth and re-enacted ; and that no suit or other proceeding shall be had or instituted in any of his majesty's courts either in England or Ireland now having cognizance of such matter for or in respect of any great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands whatsoever, of or under the value of fifty pounds, withheld by any quaker either in England or Ireland ; but that all complaints touching the same (2), if in England, shall be heard and determined only under the powers and provisions contained in the said recited acts of the seventh and eighth years of King William the Third, chapter thirty- four, and the fifty-third year of King George the Third ; and, if in Ireland, under (1) Vide Stat. 4 & 5 Vict. cc. 36 & 37. (2) For or in respect of any . .... tithes all complaints touching the same : — In Peyton (Clerk) v. Watson, (3 Q. B. 661,) Lord Denrnan stated, " It seems to me quite clear, that Stat. 5 & 6' Gul. 4, c. 74, extends to the prohibition of actions of debt for treble value under Stat. 2 & 3 Edw. 6, c. 13, s. 1, where the annual value is less than 10/, The words ' for or in respect of any tithes,' and 1 all complaints touching the same,' are obviously sufficient." STATUTA GULIELML IV. A.D. J 1330— 1837. J 655 Stat. 5 & 6 Gul. 4, c. 75. the said recited act of the parliament of Ireland of the seventh year of King George Stat. 5 & 6 the Third, and the said recited act of the fifty-fourth year of King George the GuL- 4, c. 74. Third, in the same manner as if the same were herein set forth and re-enacted; Proviso, provided always, that nothing hereinbefore contained shall extend to any case in which the actual title to any tithe, oblation, composition, modus, due, or demand, or the rate of such composition or modus, or the actual liability or exemption of the property to or from any such tithe, oblation, composition, modus, due, or demand, shall be bond fide in question, nor to any case in which any suit or other proceeding shall have been actually instituted before the passing of this act. " II. And be it enacted, that in case any suit or other proceeding has been pro- Manner of secuted or commenced, or shall hereafter be prosecuted or commenced, in any of recovering his majesty's courts in England or Ireland, for recovering any great or small tithes, tithfs due from modus or composition for tithes, rate, or other ecclesiastical demand, subtracted, unpaid, or withheld by or due from any quaker, no execution or decree or order shall issue or be made against the person or persons of the defendant or defendants, but the plaintiff or plaintiffs shall and may have his execution or decree against the goods or other property of the defendant or defendants ; and in case any person now is detained in custody in England or Ireland under any execution or decree in such suit or proceeding, the sheriff or other officer having such person in his cus- tody shall forthwith discharge him therefrom ; and the plaintiff or plaintiffs in such suit or proceeding shall and may, notwithstanding such discharge, issue any other execution or take any other proceeding for recovering his demand and his costs out of the property, real or personal, of the person so discharged." CXIII. Stat. 5 & 6 Gulielmi 4, c. 75. A.D. 1835. "An Act for the Amendment of the Law as to the Tithing of Turnips in certain Cases." " Whereas it is frequently convenient and necessary, in the agistment of turnips by sheep or cattle, to sever the turnips from the ground, in order that they may be the more easily and completely consumed, and thereby to prevent waste, and it is not reasonable that such severance should vary or affect the pay- ment of tithe ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, in all cases where turnips shall be severed in the manner and for the purpose aforesaid, and shall be eaten on the ground by sheep or cattle, and not otherwise removed, the same shall be subject to the payment of tithe in the same manner and to the same extent as if they had been eaten by such sheep or cattle without having been so severed as aforesaid, and no farther or other- wise." CX1V. Stat. 5 !k 0 Gulielmi 4, c. 76(1). A.D. 1835. "An Act to provide for the Regulation of Municipal Corporations in England and Wales" " LXXI. And whereas divers bodies corporate now stand seised or possessed of Charitable sundry hereditaments and personal estate, in trust, in whole or in part, for certain trustees, charitable trusts, and it is expedient that the administration thereof be kept distinct from that of the public stock and borough fund; be it enacted, that in every borough in which the body corporate, or any one or more of the members of such body corporate, in his or their corporate capacity, now stands or stand solely, or together with any person or persons elected solely by such body corporate, or solely )>y any particular number, class, or description of members of such body corporate seised or possessed for any estate or interest whatsoever of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part in trust, or for the benefit of any charitable uses or Turnips se- vered from the land, if con- sumed on the same, subject to tithe as if not so severed. Stat. 5 & 6 Gul. 4, c. 76 (H Vide Stephens on the Municipal Cor- poration Ac's, 2nd ed. Stat. 6 & 7 GuL 4, c. 105, s. 8 ; Stat. 7 Gul. 4 & 1 Vict. c. 78, ss. 45, 46, 47, 48 ; and Stat. 1 & 2 Vict. c. 31. 1656 STATUTA GULIELMI IV. A.D. 1830—1837. trusts (I) whatsoever, all the estate, right, interest, and title, and all the powers of such body corporate, or of such member or members of such body corporate, in (1) Charitable trusts: — Where corporations are visitors and have the nomi- nation of the objects only. Stat. 5 & 6 Gul. 4, c. 76, s. 71, does not extend to charities, where the property is vested in trustees, and of which the corporation, previous to Stat. 5 & 6 Gul. 4, c. 76, were visitors, and had the nomination of the objects only : thus in At- torney-General v. Newbury {Corporation of), (1 Coop. C. P. 72,) it appeared that Richard Cowslad, by deed dated May, 1715, conveyed lands to John Hore and others, upon trust, out of the rents to pay for the schooling and education of ten poor boys, born and inhabiting in the borough of New- bury, to be chosen by the mayor, aldermen, and burgesses of the borough, and for the clothing of such boys ; which said schooling, education, and clothing, were to be as the mayor, aldermen, and burgesses, should think fit, and were to continue until they should direct the boys to be put out apprentices. By another deed dated June, 1715, the said Richard Cowslad conveyed to the said John Hore and others, certain lands upon trust, out of the rents to pay yearly 30/. to the organist of Newbury church, 5/. for re- pairing the organ, and 51. towards defraying the expenses of the mayor's feast ; and the mayor, aldermen, and burgesses were ap- pointed visitors, to inspect the accounts of the trustees, and see that the said three yearly sums were duly paid. And such deed contained a proviso for forfeiture, in case of any part of the lands being converted into tillage. [It will be noticed that here is no declaration of trust beyond the pay- ment of the three sums of 30/., 5/., 5/. The deed was not a common law conveyance, but bargain and sale enrolled ; and, conse- quently, the heir was obliged to come into Chancery for a declaration, that there was, as to the rest, a resulting trust for himself. After some discussion, he obtained from Sir Joseph Jekyll, (20th February, 1730,) a decree in his favour. Vide Lloyd v. Spillet, 2 Atk. 148 ; Barnard. C. C. 384 ; Cottington v. Fletcher, 2 Atk. 155. In resulting uses the court of Chancery exercised a like juris- diction before the statute 27 Hen. 8.] In 1733, part of the lands having been ploughed up, Thomas Cowslad, the heir of Richard, determined to avail himself of the proviso for forfeiture ; but, with the appro- bation of the mayor, aldermen, and burgesses, it was agreed, that the trustees should execute to Thomas Cowslad a lease for 990 years of the lands conveyed to them by the deed of June, 1715, at two yearly rents of 40/. and 20/., of which the 40/. was to be applied upon the trusts of the deed of June, 1715, and the 20/. was to be applied in such repairs of the organ as the 5/. before given would not defray ; and what should not be wanted for that purpose was to go towards appren. ticing poor boys, legal inhabitants of New- bury, to be chosen by the trustees. By an order made in this cause on further directions, there was a reference to the mas- ter to appoint trustees of the above charities, and also to settle a scheme, which was done : and there was a conveyance to the new trus- tees, and the scheme, as approved of by the master, had preserved to the mayor, alder- men, and burgesses, their visitatorial powers, and the nomination of the boys upon vacan- cies. But pending these proceedings, and without reference to them, it was, by an order made by the lord chancellor under the Municipal Corporation Act, (5 & 6 Gul. 4, c. 76,) and dated the 3rd of September, 1836, referred to the master to appoint proper per- sons to be trustees of and for the charity estates and property lately vested in or under the administration of the corporation of New- bury, or any of the members thereof in that character, which are affected by the 71st sec- tion of the said act. In pursuance of this order, the master, by his report dated the 21st December, 1836, and which was after- wards confirmed, had approved of certain per- sons to be such trustees of the estates and pro- perty of various charities, and amongst others of Richard and Thomas Cowslad's charities, " but as to the said last two charities as visit- ors, and as to the nomination and appointment of such objects of the said charities, and for the performance of such rights and duties af- fecting the same respectively, as were vested in the late mayor, aldermen, and burgesses, of the borough of Newbury, in their corporate character only." And now, upon this cause again coming before the court for further directions, the master of the rolls expressed an opinion, that as the corporation of New- bury was not seised of the property and es- tates of Richard and Thomas Cowslad's cha- rities, but the legal estate was in the trustees, there was no power under the 71st section of the Municipal Corporation Act to appoint trustees in the place of the mayor, aldermen, and burgesses : and the cause stood over, in order that the attention of the lord chancellor might be drawn to the point, and his lordship coinciding in the opinion of the master of the rolls, the order, on further directions, was passed for carrying into effect the scheme approved of by the master. Where the trusteeship of the corporation has ceased, and the deficiency has to be sup- plied. It is not necessary that a corporation should be possessed of the legal estate of cha- rity lands, to come within Stat. 5 & 6 Gul. 4, c. 76, s. 71. In the matter of the Charities of the Borough of Kingys Lynn, 3 Jurist, 402. It seems, that if property be granted to a corporation subject to a payment for charita- ble purposes imposed by the grantor, this falls under the provisions of Stat. 5 & 6 Gul. 4, c. 76, s. 71, and that the sixty-eighth sec- tion of such statute applies, not to such pro- perty, but to cases where the payment has been made by the gift of the corporation itself. Rex v. Sankey, 5 A. & E. 429. In re The Free Grammar- School of King Edward the Sixth, at Shrewsbury , (1 M. & C. 632,) it appeared that Queen Eliza- beth, for the advancement and better mainte- nance of the free grammar-school of Shrews- bury, granted to the bailiffs and burgesses of STATUTA GULIELMI IV. A.D. 1830—1837. 1657 respect of the said uses and trusts, shall continue in the persons who at the time of Stat. 5 & 6 the passing of this act are such trustees as aforesaid, notwithstanding that they GuL- 4> c- 76* Shrewsbury, and their successors, amongst other hereditaments, the advowson of the vicarage of C. By Stat. 38 Geo. 3, c. 68, all the here- ditaments and real and personal estates be- longing to the school were vested in a cor- porate body, called "The Governors and Trustees of the School," who were to hold the same in trust for the benefit and main- tenance of the school, except the right of presentation, nomination, and appointment to those ecclesiastical benefices which were thereinafter declared to be in the mayor, al- dermen, and assistants of the town of Shrews- bury. By a subsequent section of the act, the mayor, aldermen, and assistants were directed to fill up vacancies in the vicarage of C. by nominating, appointing, or present- ing a fit person ; provided that such person should be preferred, cceteris paribus, who should have been brought up in the school, and a graduate of one or other of the univer- sities, and born within the parish of C; ex- cept that it should be lawful to give such benefice to either of the masters of the school, after he should have vacated his office of master, notwithstanding any such claim or preference as last aforesaid: it was held, that the right of presentation to the vicarage of C. was vested in the mayor, aldermen, and assistants, as charitable trustees, within the meaning of the act 5 & 6 Gul. 4, c. 76, for the regulation of municipal corporations. Lord Chancellor Cottenham, after stating the letters patent of Edward the Sixth, the indenture of the thirteenth of Elizabeth, and the effect of Stat. 38 Geo. 3, c. 68, down to the end of the twenty -fifth section, proceeded as follows : " From this it is clear, that the vicarage of Chirbury, and the three curacies of St. Mary's, Astley, and Clive, were originally granted for the benefit of, and formed part of the property of, the school. The very ex- ception shews, that they were considered as part of the estates belonging to the school. So much of the act as I have hitherto stated, which is intituled, 'An Act for the better Government and Regulation of the School,' shews no intention to alter the property, but treats it as part of the possessions of the school ; and although it does not vest the benefices in the new trustees, it provides in certain cases for their improvement and in- crease out of the income of the charity pro- perty. Then comes the twenty-eighth sec- tion, which enacts, &c." [His lordship here read that section, and then proceeded:] "This section effects all that could have been effected for the benefit of the school from such property. It describes the bene- fices as belonging to the school. It probably was thought, that in order to secure the pre- sentation of proper persons to those bene- fices, it was safer to vest the right of pre- sentation in a body not capable of being personally benefited by it, rather than in the corporation of the trustees of the school; but it provides that a preference shall be given in the presentations to persons educated at the school, being sons of burgesses or inha- bitants of Chirbury; and a preference over these is to be given to retired masters of the school. In what other way could a more beneficial application of the patronage of those benefices have been made for the school, consistently with the paramount object of securing the appointment of proper clergy- men for those curacies ? It was said, that as there was to be only a preference in case oi equality of other qualifications, and as the corporation were to be judges of such equal- ity, the act would, in effect, give to the cor- poration the unrestricted patronage. No doubt the duties of such a trust are easily evaded, and it is difficult to prove a breach of such a trust ; but it is nevertheless a trust, and one of which the abuse, if proved, would be corrected. Every trustee of an advowson may, during the absence or incapacity of the cestui que trusts, have to exercise the pa- tronage of presenting to the living at his own discretion. Of this there may be more or lees chance, according to circumstances, but the person so exercising the patronage is not less a trustee. I cannot conceive, that the act intended the corporation to have any other benefit. Their trust strictly was to present deserving persons from amongst the favoured class ; and it is only upon the failure of such persons that the right of presentation, without restriction, was to be exercised by them, — a right which must exist in every trustee of an advowson, however small, in some cases, may be the chance of his having to exercise it. "Such being, in my opinion, the nature of the interest of the corporation of Shrews- bury in these ecclesiastical benefices, the question is, how the Municipal Corporation Reform Act, 5 & 6 Gul. 4, c. 76, acts upon such interests ? Sect. 71 provides, that when any body corporate of any borough is seised or possessed of any estate or interest in any hereditaments, in whole or in part, in trust or for the benefit of any charitable uses or trusts whatsoever, all the estate and interest, and all the power of such body corporate shall, in the event which has happened, cease and determine on the 1st of August last, and that the lord chancellor shall make such order as he shall see fit for the administration of such trust estates. It seems to me impos- sible, upon any construction of the School Act, to contend that these ecclesiastical bene- fices were not vested in the corporation, in part at least, for the benefit of the school; and if so, they were so vested in part for a charitable use and trust; and if so, they were within the act, and the trusteeship of the corporation has ceased, and the deficiency is to be supplied. If this be so, the 139th sec- tion, which provides for the sale of ecclesias- tical benefices belonging to the municipal corporations, does not apply to the advow- son ; for that section, in terms, applies only to advowsons or rights of presentation of which the corporations may be seised or passed, otherwise than as charitable trustees. " But it is said that, at all events, the 1658 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 5 & 6 may have ceased to hold an}r office by vi Gul. 4, c. 76. act they were such trustees, until the firs contingent right of presentation, in case there shall be no object of the charity fit for pre- sentation, is within that section, and ought, therefore, to be sold ; the section applying to every case in which the corporation had any right or title to nominate or present to any benefice. This it is not necessary to deter- mine; for if I am right in the opinion I have formed of the nature of the interest of the old corporation, the subject of the sale will not be the advowson, or the right of patron- age, but that contingent right of presentation in certain cases, which the corporation were entitled to exercise. The interest, however, which I am called upon to protect, is the ad- vowson and right of patronage, and not such contingent right, or rather power, of pre- sentation. I am, therefore, of opinion that of such advowson and right of patronage or presentation, I am bound to appoint new trustees, in the place of the corporation. " But then the petitioners ask, that they, the trustees of the school, may be invested with this trust also. This would be in direct violation of the provisions of the School Act, which provides different sets of trustees for these benefices, and the other property of the school ; and I think myself bound to follow, as nearly as possible, the scheme of that act, by doing no more than supplying the defici- ency of trustees of the benefices which the Municipal Reform Act has occasioned. I must, therefore, refer it to the master in the usual form to appoint trustees in the place of the corporation." In Doe d. The Governors of the Hospital of Queen Elizabeth, of Bristol v. Anna Norton, (11 M. & W. 913,) Mr. Baron Parke delivered the following judgment: " The question in this case arose out of the 71st section of the Municipal Corporation Act, (5 & 6 Gul. 4, c. 76.) It appears by the case, that Queen Elizabeth, by letters patent, constituted the mayor and common council of the city of Bristol, for the time being, to be a corporation, by the name of 'The Governors of the Hospital of Queen Elizabeth of Bristol;' and the manor of Con- gresbury, including the lands which form the subject of this action, was afterwards con- veyed to that corporation, on certain charita- ble trusts, pursuant to the will of John Carr, who died in or about the year 1586. " The mayor and common council of Bris- tol, in their corporate character of governors of the hospital of Queen Elizabeth, adminis- tered the estates of the charity from the time of Queen Elizabeth up to the 9th of Septem- ber, 1835, being the day on which the Mu- nicipal Act received the royal assent ; and from that time, the persons who then consti- tuted the mayor and common council conti- nued such administration, pursuant to the statute. No provision having been made by parliament as to the estates vested in municipal bodies for charitable purposes, the lord chancellor, in the month of August, J 836, referred it to one of the masters of the court of Chancery to appoint new trustees of rtue of which before the passing of this t day of August, one thousand eight hun- the Bristol charities. The master accord- ingly appointed new trustees ; and his report was confirmed by the lord chancellor in the month of October, 1836. In this state of things, the question for our decision is, in whom the legal estate in the manor of Con- gresbury, of which the lands in question in this cause are part, is now vested. "The question depends entirely on the construction to be put on the 71st section of the Municipal Corporation Act, by which it was enacted, among other things, that in every borough in which the body corporate then stood seised of any hereditaments, in trust for any charitable uses, all the estate and interest, and all the powers of such body corporate in respect of such uses, should continue in the persons who, at the time of the passing of the act, were such trustees, until the 1st of August, 1836, and should immediately therefrom utterly cease and de- termine. Provided that, if parliament should not otherwise direct, on or before the 1st of August, 1836, the lord chancellor should make such orders as he should see fit for the administration, subject to such charitable uses as aforesaid, of such trust estates. " It has occurred to us as a matter of con- siderable doubt, whether this section applies to the present case, because the municipal body corporate of Bristol did not stand seised of any land. It was a separate corpo- ration, with a distinct name of incorporation and a distinct corporate seal, that was seised of the land in question, though the natural members of the body corporate were the same as those who constituted the municipal cor- poration. If that doubt were well-founded, the plaintiff is entitled to recover on the de- mise by the Governors of the Hospital of Queen Elizabeth in Bristol. If it be not, and the corporation is treated as the same, and as seised of the land, we still think that the plaintiff is entitled to recover on the same demise. Had it not been for the 71st clause, it is clear that the trust estates in question would have continued in the corpo- ration as before the passing of the act. For though, under the previous sections, the name and style of the corporation, and the mode of electing the members, were changed, yet the identity of the body itself was not affected. (Vide ss. 1 & 6.) The corporation is still the same body which, by the charter of Queen Elizabeth, was incorporated by the name of ' The Governors of the Hospital of Queen Elizabeth in Bristol;' and the sole question, therefore, is as to the effect of this 71st section. "We are of opinion, notwithstanding this clause, that the legal estate remains, and, in fact, always has been vested in the corpora- tion; and that this 71st section affects only the equitable interest, or rather the right of administering the charitable funds. The object of the clause, as appears from its pre- amble, was to keep the administration of the charitable funds distinct from that of the municipal funds ; and the question is, what STATUTA GUL1ELMI IV. A.D. 1830-1837. 1G59 dred and thirty-six, or until parliament shall otherwise order, and shall immedi- Stat. 5 6c 6 fttely thereupon utterly cease and determine : provided always, that if any vacancy GuL- 4> c- 76- is the true construction of the enactment whereby this object was to be effected ? On the part of the defendant, it was contended, that, by the express words of the clause, all the estate of the corporation in the charity property was transferred, for a limited pe- riod, to the persons who, at the passing of the act, constituted the corporation; and then that, at the end of such limited period, namely, on the 1st of August, 1836, their estate was made absolutely to cease; the effect of which would probably be to re-vest the legal property in the heirs of the original founder. " If this be the necessary meaning of the words used by the legislature, it would be our duty to construe the clause accordingly, whatever might be the inconvenience of such a course. But unless it is very clear that we should be doing violence to the language of the act by adopting any other construction, the great inconvenience of that suggested by the defendant may certainly afford fair ground for "supposing that it cannot be what was contemplated by the legislature, and may well warrant us in looking for some other inter- pretation. Now it is to be observed, that what the preamble states as expedient to be done, is not to affect the ownership of charity estates, but only to keep the administration of them distinct from that of the borough fund; and for this purpose it certainly would not be matter of necessity that the legal in- terest should be affected. The subsequent enactment was assumed in the argument to be, that all the estate and interest of the cor- poration in the charity lands should be trans- ferred to the individuals who, at the time of the passing of the act, constituted the body corporate, and shoiild so continue until the 1st of August, 1836. and should then cease. This, however, is by no means the necessary meaning of the words used : by reading the words ' all the estate/ &c, and * all the powers,' &c, as under a vinculum, the whole sentence, i.e., 'the estate,' &c, as well as ' the powers,' &c, will have reference to the latter words, 'in respect of the said uses and trusts;' and the meaning will then be, that the estate and interest in the trust only, and not in the legal estate, shall continue in those in whom it was then vested. The language, it must be admitted, is far from clear, and might, if the context so required, have been taken to transfer the legal estate in the lands affected by the trusts ; but we thus see that it may also be taken to refer to the charita- ble trust only, i. e., the right or duty of ad- ministering to the fund; and this, as it ap- pears to us, is all which was meant, and is, consequently, the construction which we adopt. The clause, thus construed, presents nothing obscure or incongruous. For a short period the administration of the trusts is left in the hands of those who would, for the most part, have been previously administer- ing them; and after the lapse of a few months, the whole management is made to devolve on the lord chancellor. These are provisions plain in themselves, easy to be acted upon, and well calculated to effect all which the preamble states as being expedient. Whereas, on the construction contended for by the defendant, we are driven to impute to the legislature the anomalous intention, first, of vesting the fee-simple in an indefinite, unascertained number of persons, and then, after the lapse of a few months, destroying the interest of those persons, without point- ing out what was to become of the fee from that time. No doubt but that, even on that construction, the lord chancellor would have the power of getting in the legal fee, but this could only be done by means of a petition or bill in Chancery, entailing on the charity costs, without, as we can discover, any bene- fit whatever ; and these considerations well warrant us in endeavouring to find some other meaning fairly attributable to the lan- guage used. " It does not appear to us that the case ofBignold v. Springfield, (7 C. & F. 71,) referred to by the defendant, assists him in his view of this case. The only point really in dispute there was, whether the powers given to the lord chancellor came into operation on the 1st of August, 1836. The House of Lords decided that they did; and it will be seen that Chief Justice Tindal, in delivering the opinion of the judges, does not say that any estate ceased or was de- vested on the 1st of August, 1836, but that the administration of the charity estates, given by the clause in question, ceased on that day: a construction of the clause in strict accordance with our opinion. "The only further argument of the de- fendant which it remains to notice, is that which was founded on the Irish Municipal Act, which was passed in the year 1840, (3 & 4 Vict. c. 108.) The 112th section of that act makes provision for charitable trusts similar, or nearly similar, to those in the English act. But in the Irish act, express provision is made as to the legal estate, and the difficulties which had occurred on this subject in the English act are met and obvi- ated. We do not, however, think that any reliance is to be placed on this circumstance. The Irish act did not become law until a year after the decision in Bignold v. Spring- field, (Ibid.,) in the House of Lords; and as Chief Justice Tindal had in that case pointed out to the attention of the house, that the clause in the English act was so framed as to give rise to difficulties in its construction, it was very natural, that in making provi- sions on a similar subject in a subsequent year, the legislature should take care to avoid all ambiguity, and so to word the clause as to prevent the occurrence of those difficulties which the chief justice had alluded to. The Irish act, indeed, goes further than the English, by at once vesting the legal estate in the charity trustees ; a provision which is certainly very convenient, but which unfortunately does not exist in the clause now under our consideration. The English act 1660 STATUTA GULIELMI IV. A.D. 1830—1837 Stat. 5 & 6 shall be occasioned among the charitable trustees for any borough before the said Gul. 4, c. 76. first day of August, it shall be lawful for the lord high chancellor or lords commis- sioners of the great seal for the time being, upon petition, in a summary way, to appoint another trustee to supply such vacancy ; and every person so appointed a must be construed in the same way as if the tains an enactment relating to the same sub- Irish act had never passed : and for the rea- ject-matter of legislation, and which is free sons we have given, we think that, according from all ambiguity whatever, viz. 1 Provided to its true construction, the legal estate is, also, that if parliament shall not otherwise and always has been, where it was at the direct before the said first day of August, time of the passing of the act ; consequently, 1836, the lord chancellor shall make such that the plaintiff is entitled to judgment on orders as he shall see fit for the administra- the demise from the corporation." tion of such estates.' And we cannot under - It was held in Bignold v. Springfield, (5 stand the legislature to have had in its view Bing. N. C. 745,) that the administrators of an alteration by parliament, unlimited in point the charity estate and funds comprised in and of time in the former part, but limited in described by the 71st section of Stat. 5 & 6 point of time to the first of August in the Gul. 4, c. 76, did not continue after the first latter part of the same section. My lords, of August, 1836, in the persons described in the construction contended for on the part of that section. Chief Justice Tindal deliver- the appellants is further liable to this objec- ing, in the House of Lords, the following tion, that it leaves the time at which the unanimous opinion of the judges: "My powers of the former trustees are to cease lords, in answer to the question proposed by and determine, altogether undefined and un- your lordships to her majesty's judges, viz. certain. There might happen, according to whether the administration of the charity that construction, an interval of time of unli- estates and funds comprised in and described mited extent before parliament might think by the 71st section of Stat. 5 & 6 Gul. 4, c. 76, fit 4 to interfere and otherwise order,' and in continued after the first of August, 1836, in the meantime, it is obvious, all would be in- the persons described in the said 71st section, volved in doubt and uncertainty. And again, no subsequent act having passed respecting there is, as it appears to us, a very strong the same before the first of August, 1836, and objection against the reading ' and' instead of no vacancy having been occasioned amongst 'or,' as contended for on the part of the ap- such persons before that time; I have the pellants, that is, against reading the act thus, honour of stating our opinion to be, that the 'until the first day of August, 1836, and until administration of the charity estates and funds parliament shall otherwise order,' for this referred to in the question did not continue would imply that parliament could have no after the first of August, 1836, in the persons power to make such an order until after the described in the 71st section of the act. It first of August had passed: a construction was admitted by the counsel for the appel- not only inconsistent with the general autho- lants, in the course of the argument, and rity of parliament, but irreconcilable with the very properly admitted, that it is impossible proviso above referred to, which expressly to put any construction on the whole of the refers to an alteration to be made before the clause, without meeting with much difficulty, first of August. Upon the whole, we think But we think ourselves bound to put that that the administration of the charity estates interpretation upon it which, taking the and funds did not continue in the persons whole of it together, appears to do the least described in the 71st section after the first of violence to the words employed in it, and at August." the same time to give a consistent meaning On the fifth of August the petition and to every part of the section. And, keeping appeal were dismissed, the order confirmed, this object in view, we think the words in with costs to respondents in respect of the the 71st section, that the powers of the for- appeal. mer trustees shall continue ' until the first day Appointment of Trustees. In re Ludlow of August, 1836, or until parliament shall Charities, (3 M. &C. 262,) it was held that, otherwise order, and shall immediately there- in the appointment of trustees of property upon utterly cease and determine,' are to be held by a corporation upon charitable trusts construed as if the words had been, until the previously to the enactment of the Municipal first of August, 1836, or until parliament Corporation Act, persons who are members shall ' in the meantime' or ' sooner' otherwise under such statute are not ineligible as trus- order, and that the words ' shall immediately tees, although the corporation may have for- thereupon utterly cease and determine,' in- merly set up a claim to the property in tend that, if parliament did not in the mean- opposition to the charity, time otherwise order, the powers should cease A person's name had been submitted to and determine on the first of August; and if the master as a new trustee, and he had been parliament did in the meantime otherwise approved by the master, but without any order, that then they should cease and deter- affidavit of his respectability. Such an affi- mine upon the day which should be appointed davit was afterwards produced to the lord and substituted by the legislature instead of chancellor, and no objection to his respecta- the first of August. And we feel ourselves bility was made : it was held, that there was warranted in giving this construction to the no ground for referring the question of his earlier part of the clause, by the consideration appointment back to the master, that the last proviso in the same clause con- STATUTA GULIELMI IV. A.D. 1830-18.37. 1661 trustee as last aforesaid shall be a trustee until the time at which the person in the room of whom he was chosen would regularly have ceased to be a trustee, and he shall then cease to be a trustee : provided also, that if parliament shall not other- wise direct, on or before the said first day of August, one thousand eight hundred and thirty-six, the lord high chancellor or lords commissioners of the great seal shall make such orders as he or they shall see fit for the administration, subject to such charitable uses or trusts as aforesaid, of such trust estates. " LXXII. And be it enacted, that the body corporate named in the said sche- dules (A) and (B), in conjunction with any borough, shall be trustees for executing by the council of such borough the powers and provisions of all acts of parliament made before the passing of this act, (other than acts made for securing charitable uses and trusts,) and of all trusts, (other than charitable uses and trusts,) of which the said body corporate, or any of the members thereof in their corporate capacity, was or were sole trustees before the time of the first election of councillors in such borough under this act. " LXXIII. And be it enacted, that in every borough in which the body corpo- rate, or a particular or limited number, class, or description of members of the body corporate, or of persons appointed by the body corporate, was or were before the passing of this act trustees jointly with other trustees for the execution of any act of parliament, or of any trust, or in which the body corporate, or any particular or limited number, class, or description of members or nominees of the body corporate, by any statute, charter, bye-law, or custom, was or were before the passing of this act lawfully appointed to or exercised any powers, duties, or functions whatsoever, not otherwise herein provided for, and the con- tinuance of which is not inconsistent with the provisions of this act, the council of such borough, on the day named in such act as last aforesaid, or in the deed or will by which such trust is created for a new election, nomination, or appoint- ment of trustees, or on which such new election, nomination, or appointment has usually been made, (and if there shall be no such day named or usually observed, then on the first day of January in every year,) shall appoint the like number of members of the council, or as near as may be to the like number of members of the council, as there were theretofore members or nominees of such corporate body who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in room of the members or nominees of such corporate body ceasing to be trustees, or ceasing to exercise such powers, duties, and functions, by virtue of this act, and in every case of extraordinary vacancy among the trustees or persons so appointed by the council shall forthwith appoint one other member of the council in the room of the per- son by whom such vacancy has been made, and to hold his trust or office for such time as the person by whom such vacancy has been made, would regularly have held it. " LXXIV. And be it enacted, that notwithstanding anything in this act con- tained, every member of any body corporate who in his corporate capacity, and every nominee of any body corporate, or any particular number, class, or descrip- tion of members of such body corporate, who at the time of the passing of this act shall be for a definite number of years or other shorter time a trustee of such acts or trusts as last aforesaid, shall continue to be such trustee until the time when he would have ceased to be such trustee if this act had not passed ; and if a trustee for an indefinite time, or for life, or for so long as he shall be a member, or of a particular class or description of such body corporate, then until the first day of January, in the year one thousand eight hundred and thirty-six, and no longer ; and every member of the council appointed under the provisions of this act to be a trustee of such acts or trusts as last aforesaid shall continue to be such trustee until the time herein provided for the new appoint- ment of a member of the council to be trustee in his room, notwithstanding that he may have ceased to be a member of the council ; and in case any par- ticular member or officer of any of the said bodies corporate shall have been appointed by any such act, or by any such trust deed or will as last aforesaid, Stat. 5 & 6 Gul. 4, c. 76. Council to act as trustees where corpo- rators were ex officio sole trustees. Council to appoint a limited number of councillors to be joint trustees for certain pur- poses. Present trus- tees of certain acts continued for a definite time. Trustees not to go out of office by reason of ceasing to 1662 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 Gul. 4, c. 76. be of the council until the time pre- scribed by the terms of the trust. Act not to affect letters patentfounding a grammar school at Louth. Not to affect jurisdiction over precinct of cathedrals, nor rights of university of Durham. In cases where bodies corpo- rate are seised in their cor- porate capacity of advowsons, &c. the same may be sold as ecclesiastical commissioners may direct. to perform during a definite number of years or other shorter time any specific powers, duties, or functions whatsoever, the person who at the time of the pass- ing of this act shall be the person designated and qualified to perform the same shall continue to perform the same until the time when he would have ceased to perform the same if this act had not passed ; and if appointed for an indefi- nite time, or for life, or for so long as he shall be a member, or of a particular class or description of such body corporate, then until the first day of January, in the year one thousand eight hundred and thirty-six, and no longer : provided nevertheless, that nothing in this act shall be construed to extend to the body corporate of the trustees of the Liverpool Docks, but that every person who at the time of the passing of this act shall be a trustee of the Liverpool Docks, and none other, shall be continued to be such trustee until the first day of November, in the year one thousand eight hundred and thirty-six, and no longer ; and every such trustee who is appointed to discharge, or in his corporate capa- city discharges any powers, duties, or functions whatsoever in respect of the said last-mentioned trust estate, and none other, shall continue to discharge the same, as if this act had not passed, until the first day of November, in the year one thousand eight hundred and thirty six, and no longer. " CXXXVI. Provided always, and be it enacted, that nothing contained in this act shall alter or affect certain letters patent bearing date in the fifth year of the reign of his majesty King Edward the Sixth, founding a free grammar-school at Louth, in the county of Lincoln, and creating a body corporate for the manage- ment and regulation thereof, and for the benefit of twelve poor persons mentioned in the said letters patent, by the name of the ' Warden and six Assistants of the town of Louth and free school of King Edward the Sixth in Louth ;' but that the said warden and assistants shall continue and be a body corporate with perpetual succession under the provisions of the said letters patent, for the management and regulation of the said school and the purposes aforesaid only, and shall remain and be seised of and entitled to all lands, tolls, tenements, and hereditaments now vested in them for the purposes therein mentioned, in the same manner to all intents and purposes as if this act had not been passed. " CXXXVIII. And be it enacted, that all the jurisdictions and authorities now exercised in and over the precinct or close of any cathedral shall be continued, as if this act had not been passed, concurrently with the jurisdiction and authority of the justices of the peace of the borough within which such close is situated ; and that nothing herein contained shall affect or interfere with the rights and privileges granted by charter or act of parliament to the university of Durham. " CXXX1X. And be it enacted, that in every case in which any body corpo- rate, or any particular class, number, or description of members, or the governing body of any body corporate, now is or are in their corporate capacity, and not as charitable trustees, according to the meaning and provisions of this act, seised or possessed of any manors, lands, tenements, or hereditaments whereunto any ad vow- son or right of nomination or presentation (1) to any benefice or ecclesiastical prefer- ment is appendant or appurtenant, or of any advowson in gross, or hath or have any right or title to nominate or present to any benefice or ecclesiastical prefer- ment, every such advowson and every such right of nomination and presentation shall be sold at such time and in such manner as the commissioners appointed by his majesty to consider the state of the established church in England and Wales with reference to ecclesiastical duties and revenues may direct, so that the best price may be obtained for the same ; and it shall be lawful for the council of such body corporate, and they are hereby authorized and required, with the consent of (1) Right of nomination or presentation: —Hine v. Reynolds (Clerk), 2 M. cS: G. 72. By a charter of the Oth James the First, the tithes, he. within the lordship of Bury St. Edmunds, were granted (subject to a then existing lease thereof for forty years) to the aldermen and burgesses of that town, who agreed, after the expiration of the said lease, to pay 8/. L0*. of the tithes and glebe lands yearly to the curates and ministers of the parish churches of St. Mary and St. James, in Bury St. Edmunds aforesaid. By ano- ther charter of the 12th James the First, reciting, that he expected the aldermen and burgesses of Bury aforesaid would provide and sustain approved, able, and tit ministers STATUTA GULTELMI IV. A.D. 1830—1837. 1663 the said commissioners or any three or more of them, in writing under their hands, Stat. 5 & 6 to convey and assure under the common seal of such body corporate such advowson Gul. 4, c. 76. and preachers of the word, and other offi- cers, in the churches aforesaid necessary, at all times to come — the king granted to them and their successors the whole and entire rectories and vicarages of Bury St. Edmunds, and of the aforesaid parish churches, and the advowsons and donations, free disposi- tions, and rights of patronage of the same churches, and all manner of tithes, &c. The corporation made no endowment, and gave no fixed stipend to the ministers of either of the said churches, but subsequently to the year 1687 appointed two clergymen to each church, the one called a preacher or lecturer, and the other a curate or reader, the former being paid by a salary from the corporation, varying from 100/. to 80/. a year; and the latter, since the year 1712, deriving his only remuneration from the sur- plice fees and Easter offerings. The office of curate or reader of the parish of St. James having become vacant before any sale had been effected by the corpora- tion: it was held, that it was unnecessary to consider whether the right of presentation or nomination to that office was within Stat. 5 & 6 Gul. 4, c. 76, s. 139, inasmuch as it clearly fell within the provisions of Stat. 1 6 2 Vict. c. 31 ; and that the necessary con- sequence of holding it to be within the latter statute, was to bring it within the proviso of the 139th section of the former act; and consequently, that such right of presentation or nomination vested in the bishop of the diocese; Chief Justice Tindal delivering the judgment of the court in the following lan- guage : ' ' The question which is stated for our opinion at the end of this special case, is, whether the right of nominating and ap- pointing a clergyman to the office of curate or reader of the parish of St. James, in Bury St. Edmunds, was, upon the death of the late curate or reader, vested in the Bishop of Ely, as bishop. And the determination of this question appears to us, to depend upon the consideration of two points; viz. First, whether, considering the nature and descrip- tion of the right of the corporation as set out in the case, such right to nominate and ap- point, falls within the 139th section of Stat. 5 ,V 6 Gul. 4, c. 76, or within Stat. 1 & 2 Vict. c. 31. For, if this right falls within the former act, there can be no doubt, that the proviso for the interim appointment will govern the present case : but if, on the other hand, this right of nomination and appoint- ment is not comprehended within the former act, but falls within the provisions of the latter, then arises the second question, whe- ther the proviso contained in the 139th sec- tion of Stat. 5 & 6 Gul. 4, upon which alone the right of supplying the vacancy by the presentation or nomination of the bishop of the diocese, can be supported, extends or not to the present case. M And upon the first point, we are of opi- nion, that the right o f presentation or nomi- nation in question clearly falls within the provisions contained in Stat. 1 & 2 Vict. c. 31, so as to make it unnecessary to consider whether such right does or does not fall within the 139th section of the former act. '' That it was the intention of the legisla- ture to take from municipal corporations, when established upon their new system, all ecclesiastical patronage of every kind and description, and to vest the same in the purchasers thereof, appears to be beyond a doubt. The general and comprehensive terms used in the former act, the passing of the second act in order to facilitate the sale of church patronage, which recites the doubt as to the church patronage therein described, and the terms in which such doubt is thereby removed ; the entire absence of any support- able ground of distinction between one spe- cies of ecclesiastical patronage and another, in respect that some should be taken from them and others left; these circumstances all combine to prove the intention of the legislature to have been, the general removal of all ecclesiastical patronage from the hands of municipal corporations ; and certainly the particular character and description of the patronage now under consideration, as claim- ed on the part of the corporation, assuming it to be correctly claimed, namely, the right of nominating a curate or reader, for a pe- riod as short and limited as they may think fit, with the power to remove him at their own pleasure, would not entitle it to any particular favour, as an exception from the general operation of the statutes. "But the question, whether the right of patronage claimed and exercised by the cor- poration of Bury St. Edmunds, does or does not fall within the operation of Stat. 1 & 2 Vict. c. 31, will best appear by comparing the description of the patronage contained in that act, with the facts stated in the case. The act recites, ' that in some instances, the manors, &c. whereof some municipal cor- porations are seised, were granted to them with an obligation to nominate, provide, and sustain, in certain churches and chapels, able and fit priests, curates, preachers, or mini- sters, for the performance and administration of ecclesiastical duties and rites therein, and for the cure of the souls of the parishioners and inhabitants; and although such corpo- rations have from time to time duly nomi- nated and provided such priests, curates, preachers, or ministers, and paid stipends for their sustenance, and have either pro- vided houses for their residence, or paid al- lowances in lieu thereof, yet such stipends or allowances have not been fixed or assured by any competent authority; and for want of any regular, endowment or augmentation of any such curacies, they have not been perpetual cures, or benefices presentative, and the curates have not become bodies po- litic and corporate within the meaning of Stat. 1 Geo. 1, c. 10, or Stat. 36 Geo. 3, c. 3; by reason whereof doubts have arisen, whether the right of nominating ministers to such churches and chapelries can be sold under the provisions of the recited act.' Now 1G64 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 or such right of nomination or presentation as aforesaid to the purchaser or pur- Gul. 4, c. 76. chasers thereof respectively, his or their heirs, executors, administrators, and upon reference to the facts stated in the case, the right claimed and exercised by the cor- poration of Bury St. Edmunds appears to agree so closely with the recital of the act, that it might almost be supposed that the legislature had shaped the remedy with an express view to this particular case. For by the grant to the corporation of 6th James the First, the aldermen and burgesses agreed to pay 8/. 10*. out of the tithes thereby granted to them, yearly, to the use of the curates and ministers of the two parish churches of Bury St. Edmunds : and by the second grant of the 12th James the First, the king, after stating his expectation, that the aldermen and bur- gesses of Bury St. Edmunds would pro- vide able and fit ministers and preachers of the word, and other officers of the churches aforesaid necessary, at all times to come, granted to the aldermen and burgesses, and their successors, the whole and entire rec- tories and vicarages of Bury St. Edmunds, and the said parish churches of St. Mary and St. James, and all rights and patronage of the same: and all the tithes, both greater and less, and all other rights to the same belonging, to be held by them as freely and fully as the late abbot of the said monastery then lately dissolved, or any of his prede- cessors, had held the same. Now, under these grants, which were accepted by the corporation, there can be no doubt but that the corporation were bound to make a suffi- cient provision for the cure of the parish in question, and that they had the nomination and appointment of the person or persons who should perform the duty; nor is there any doubt, that if they had appointed a per- son to such cure with a fixed stipend, and irremovable at their own pleasure, he would have been a perpetual curate in the strict legal sense of the word. " It appears, however, from the statement in the case, that they did not make any en- dowment, or give any fixed stipend to the ministers in either of the churches ; nor did they, so far as appears in the case, for a considerable period subsequent to the grants of King James, appoint any one particular person to the cure of either of the churches ; but from the year 1652, (the records pre- vious to which year are lost,) down to the year 1687, the aldermen and burgesses from time to time appointed and provided the ministers necessary; during some part of that time, procuring, as they were best able, from Sunday to Sunday, clergymen from Cambridge or elsewhere, and paying then for such their services. So that the corpo- ration, during that early period, appear to have acted precisely in the same manner as the monastery itself before the dissolution had done, except that the corporation pro- cured ministers from other quarters instead of furnishing them out of their own body. Instances of which mode of nomination were probably not unfrequent at an early period after the dissolution of monasteries, as would appear from the case of Carver v. Pinkney, (3 Lev. 82,) where a covenant is set out in a lease by the Dean of Lincoln, of a certain rectory to the defendant, who covenants with the dean, 'that he would find or provide a sufficient minister or priest to serve in the church, such as the dean and his successors should allow and approve, and would pay the said priest forty marks per annum.' So that the person or persons provided by the corporation to officiate in the cure of the parish at that time, appears to have been removeable or changeable at their will, just as the monk sent to officiate by the monas- tery, was in some instances removeable ' ad nutum prioris as appears in the case of Brit- ton v. Wade, (Cro. Jac. 516.) And sup- posing such right of the corporation to ap- point or present continued to be the same up to the time of the Municipal Corporation Act, (which the counsel for the defendant contends to have been the case,) that is, if there was no fixed stipend payable by the corporation, and the corporation had the power to appoint and remove, the case would fall precisely within the words of the pre- amble of the statute of Victoria, — that tithes were granted to the corporation, with an obligation to nominate able and sufficient ministers; that ministers were nominated and provided by the corporation, and sti- pends paid by them; but the stipends not having been fixed or allowed by competent authority, and for want of regular endow- ment or augmentation, the curacies have not become perpetual curacies; and the present case, therefore, would be precisely that which the statute intended to provide for. "Two objections have been urged on the behalf of the corporation, against the appli- cation of the statute to the case before us. In the first place, it is said there was nothing which could be the subject-matter of a sale within the intention of these acts ; for there was no certain duration of incumbency in the cure, this appointment being entirely at the will of the corporation, who might dis- place one curate or reader and appoint ano- ther as they pleased. Admitting this power of amotion to have existed in the corpora- tion, for the purpose of argument, but not conceding it to be a fact in this case, when it appears that the curates have been regu- larly licensed by the bishop, the effect of which licence it is now unnecessary to enter into ; admitting it, however, to exist, still it is difficult to feel the force of the objection. For the corporation are only required by the act to sell such right of nomination or pre- sentation as they actually possess, without any reference to the period for which the nomination or presentation is given. If their right is, to present a curate who holds for life, they sell a power of presentation for life; if, a curate who is removable at will, such will be the presentation that is put to sale. " It is objected, in the second place, that the right of nomination exercised by the cor- poration in respect of the parish church of St. James, is not a nomination of one in- STATUTA GULIELMI IV. A.D. 1830—1837. 1665 assigns, or to such uses as he or they shall direct ; and the proceeds of every such sale shall be paid to the treasurer of the borough, whose receipt shall be a sufficient and effectual discharge to the purchaser or purchasers to whom the same shall be given for the amount of his or their purchase money, and shall be by him invested in government securities for the use of the body corporate, and the annual interest payable thereon shall be carried to the account of the borough fund ; provided always, that in any case of vacancy arising before any such sale shall have taken place and been completed, such vacancy shall be supplied by the presentation or nomination of the bishop or ordinary of the diocese in which such benefice or ecclesiastical preferment is situated." Stat. 5 & 6 Gul. 4, c. 76. Vacancy arising before sale to be sup- plied by bishop of the diocese. CXV. Stat. 5 & 6 Gulielmi 4, c. 79(1). [Ireland.] A.D. 1835. Stat. 5 & 6 Gul. 4, c. 79. "An Act to suspend, until after the sixth day of April, One thousand eight hundred rpR j and thirty-six, Proceedings for recovering Payment of certain Instalments of the Money advanced under the Acts for establishing Tithe Compositions in Ireland" CXVI. Stat. 5 & 6 Gulielmi 4, c. 81 (2). A.D. 1835. "An Act for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege" [Stat. 5 & 6 Gul. 4, c. 81, after reciting Stat. 36 Geo. 3 (I.), and Stat. 52 Geo. 3, c. 143, relating to letter stealing, and that by Stat. 7 & 8 Geo. 4, c. 29, and Stat. 9 Geo. 4, c. 55, " it is, amongst other tilings, enacted, that if any person shall break Stat. 5 & 6 Gul. 4, c. 81. cumbent to the church, but of two separate and distinct ministers, viz., a curate or reader, and a preacher or lecturer, each with a distinct and separate means of support pro- vided for them, the curate receiving the sur- plice fees, the preacher having a salary paid to him by the corporation; and it is asserted, that two benefices in one and the same parish are unknown to the law of England, and cannot exist together. That there is not, however, any inconsistency in law in the pro- position, that two benefices should exist in one and the same parish, is evident from the instance of parson and vicar, who may, under particular circumstances, both have the cure in the same parish, the parson, as it is said, habitualiter ; the vicar, actualiter ; {vide Britton v. Wade, Cro. Jac. 517;) a proposi- tion that is also adopted by the late Lord Stow ell, in his judgment in the case of The Buke of Portland? .Bingham(\ Consist. 162.) [And as to the diversity ' inter advocationem medietatis ecclesiae et medietatem advoca- tionis ecclesise,' vide Co. Lit. 17 (b), 18 (a); vide etiam Hollande's case, 4 Co. 75 ; Smith's case, 10 Ibid. 135(b); Windsor v. Canter- bury (Archbishop of), Cro. Eliz. 686.] But, in fact, the objection is one that applies itself rather to the mode in which the eccle- siastical commissioners will deal with the right of patronage and direct the sale, than to the question now before us, which is con- 6ned to the right of the ad interim appoint- ment; and so far as is necessary to the pre- sent inquiry, it is sufficient for us to say, that the office of curate or reader appears to us to fall within the scope and intention of the statute above referred to, of the Stat. 1 & 2 Vict. c. 31. " The second question, therefore, now arises ; whether, the case falling within that statute, it is comprehended within the pro- viso of the i39th section of the former sta- tute, so as to give the bishop of the diocese the power of appointing to a vacancy before the sale. And we think the necessary con- sequence of holding it within the statute of Victoria is to bring it within the 139th sec- tion of the Municipal Corporation Act. And we consider the case of the same, as if the descriptive words of the later statute of Vic- toria had been actually inserted in the 139th section of the former act, and had formed part of that section. The doubt expressed in the recital of the statute of 1 & 2 Vict. c. 31, is, whether such rights of nomination as are therein described, could be sold under the provisions of the 139th section, one of which very provisions is, the power of interim appointment given to the bishop of the dio- cese. And when it is argued that, by the express words of the statute of Victoria, the curacy does not become a benefice until after the sale, and that this appointment takes place before, it may be answered that the power of appointment in the 139th section is not hmited to the case of benefices, but is extended also to the ecclesiastical preferments mentioned in that clause ; and that the right of nomination to this curacy is, upon the ar- gument, to be considered as virtually intro- duced into the clause itself by the latter sta- tute. "For the reasons above given, we think that the right of appointment to the office of curate or reader of the parish church of St. James, in Bury St. Edmunds, became vested in the Bishop of Ely upon the death of the late curate; and that judgment, relictd verifi- cation, must, therefore, be entered for the plaintiff for the damages agreed upon between the parties." (1) Revived and continued by Stat. 6 & 7 Gul. 4, c. 95 ; and Stat. 7 Gul. 4 & 1 Vict, c. 58. Expired. (2) Vide Stat. 6 cS< 7 Gul. 4, c 4. 5 O 1666 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 5 & 6 Gul. 4, c. 81. Stat. 6 & 7 Gul. 4, c. 4 5 & 6 Gul. 4, c. 81. How recited act shall be read. Persons con- victed of of- fences under the same to be punished at discretion of the judge. Stat. 6 & 7 Gul. 4, c. 17- Courts to have ecclesiastical jurisdiction. and enter any church or chapel and steal therein any chattel, or having stolen any chattel in any church or chapel, shall break out of the same, every such offender, being convicted thereof, shall suffer death as a felon," repealed " so much of each of the said acts as inflicts the punishment of death upon persons convicted of any of the offences therein and hereinbefore specified," and enacted, that, " from and after the passing of this act, (10th September, 1835,) every person convicted of any of the offences in the said act so specified, or of aiding or abetting, counselling, or procuring the commission thereof, shall be liable to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of corrrection, for any term not exceeding four years."] CXVII. Stat. 6 & 7 Gulielmi 4, c. 4. A.D. 1836. "An Act to amend an Act of the last Session for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege (1)." " Whereas by an act passed in the last session of parliament, intituled, * An Act for abolishing Capital Punishments in Cases of Letter Stealing and Sacrilege,' the punishment of death was taken away in cases of letter stealing and sacrilege ; but by reason of a clerical error in copying the same a doubt may be entertained whether persons guilty of such offences are now by law liable to any punishment : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the same act shall be read as if, instead of the words ' in the said act so specified,' the words * in the said acts so specified' had been inserted in the said act of the last session ; and that all persons who may hereafter be duly convicted of any of the offences men- tioned in the said act of the last session shall and may be sentenced, by the court or judge by or before whom such offenders may be tried, to transportation for life, or for any term of years not less than seven, or to be imprisoned for any term not exceeding three years, with or without hard labour, and for any period of solitary confinement {2) during such imprisonment, at the discretion of such court or judge." CXVIII. Stat. 6 & 7 Gulielmi 4, c. 17. A.D. 1836. "An Act to make Provision for the better Administration of Justice in certain of His Majesty's West India Colonies" " XVII. And be it further enacted, that the said supreme courts respectively shall have power to grant probates, under the seal of the said courts, of the last wills and testaments of all or any inhabitants of the said islands or governments respectively, and of all other persons who shall die and leave personal effects within the same ; and shall also have power to grant letters of administration of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid who shall die intestate, or who shall not have named an executor resident within such islands or governments respectively, or where the executor, being duly cited, shall not appear and sue forth such probate, annexing the said will to letters of administra- tion when any such persons shall have left a will without naming any executor who shall be then alive and resident within the islands or governments aforesaid, and who, being cited thereunto, shall not appear and sue forth a probate thereof, and to sequester the goods and chattels, credits, and other effects whatsoever of (1) Sacrilege: — In Regina v. Evans, (1 C. & Marsh. 298,) it appeared, that the ves- try of a parish church was broken open and robbed. It was formed out of what before had been the church porch, but had a door opening into the churchyard, which could only be unlocked from the inside: it was held, that this vestry was part of the fabric or the church, and within the meaning of an indictment for sacrilegiously breaking and entering the church. Vide etiam Rex v. Wheeler, 3 C. & P. 585. (2) Solitary confinement: — Stat. 7 Gul. 4 & 1 Vict. c. 90, s. 5, enacts, that " it shall not be lawful for any court to direct, that any offender shall be kept in solitary con- finement for any longer periods than one month at a time, or than three months in the space of one year." A ST A TUT A GULIELMI IV. A.D. 1830—1837. 1667 such persons so dying, in cases allowed by law, as the same is and may now be used in the diocese of London, and to demand, require, take, hear, examine, and allow, and, if occasion require, to disallow or reject the accounts of such executors or administrators, in such manner and form as may be used in the said diocese of London, and to do all other things whatsoever necessary in that behalf : provided always, that in the interval between any two successive terms of the said supreme courts it shall be lawful for such resident puisne justices as aforesaid, in the islands in which they shall be so respectively resident, to do all and every the judicial acts, and to exercise the ecclesiastical jurisdiction aforesaid, in all cases in which there shall be no caveat entered or opposition made. " XVIII. And be it further enacted, that it shall be lawful for either of the parties, plaintiff or defendant, to appeal to his majesty in council against any decree, order, or sentence made or pronounced by either of the said supreme courts in the exercise of such equitable or ecclesiastical jurisdiction as aforesaid, in such manner and upon and subject to such terms and conditions as his majesty by such charters or letters patent as aforesaid shall please to direct." Stat. f> & 7 Gul. 4, c. 17. Appeal to king in council respecting equitable or ecclesiastical jurisdiction. CXIX. Stat. 6 & 7 Gulielmi 4, cap. xvii. A.D. 1836. Stat. 6 & 7 "An Act to enable the Trustees of Bowdler's Blue-coat School in Shrewsbury to 4' °a^' effect a Sale to John Jones, Esquire, of Estates called Trcfnant and Llanerch- rochwell, in the Parish of Guilsfield, in the County of Montgomery." CXX. Stat. 6 & 7 Gulielmi 4, c. 19. A.D. 1836. "An Act for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishopric of Durham." " Be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act the Bishop of Durham for the time being shall have and exercise episcopal and ecclesiastical jurisdiction only ; and that from and after the commencement of this act the palatine jurisdiction, power, and authority hereto- fore vested in and belonging to the Bishop of Durham shall be separated from the bishopric of Durham, and shall be transferred to and vested in his majesty, his heirs and successors, as a franchise and royalty separate from the crown, and shall be exercised and enjoyed by his majesty, his heirs and successors, (as a separate franchise and royalty,) in as large and ample a manner in all respects as the same has been heretofore exercised and enjoyed by the Bishop of Durham; and that all forfeitures of lands or goods for treason or otherwise, and all mines of gold and silver, treasure trove, deodands, escheats, fines, and amerciaments, and all jura regalia of what nature or kind soever, which, if this act had not passed, would or might belong to the Bishop of Durham for the time being, in right of the county palatine of Durham, shall be vested in and belong to his majesty and his successors in right of the same : provided always, that nothing hereinbefore contained shall prejudice or affect the jurisdiction of any of the courts of the said county palatine, or any appointment heretofore made to any office in the said county palatine, or any act whatsoever heretofore done by the Bishop of Durham in right of the said countv palatine. " II. And be it further enacted, that from and after the commencement of this act all the power, authority, and jurisdiction of the court called 6 The Court of the County of Durham,' and of the clerk of the court of the county of Durham as judge of the same court or otherwise, shall cease and determine ; subject neverthe- less and without prejudice to any proceedings then depending in such court, as to which the authority and jurisdiction of the said court and of the present clerk of the said court shall continue in full force and effect, notwithstanding the passing of this act ; and in case of the death or removal from office of the present clerk of the said court whilst any such proceedings as aforesaid shall be still depending therein, the under-sheriff of the said county shall and may, for the purpose of any 5 0 2 Stat. 6 & 7 Gul. 4, c. 19. The palatine jurisdiction of the Bishop of Durham to be separated from the bishopric, and vested in the crown. County court to cease. 1668 STATUTA GULTELMI IV. A.D. 1830—1837 Stat. 6 & 7 Gul. 4, c. 19. Custos rotu- lorum to be appointed. Compensation to persons affected by the provisions of the act. Restrictions as to compen- sations. Reservation of patent fees to patentees. Extent of the words "County of Durham." such proceedings, act as judge of the said court, and exercise the same power, autho- rity, and jurisdiction as the present clerk of the said court might have exercised if still living and continuing in office : provided always, that after the commencement of this act the sheriff for the time being of the said county palatine shall and may have and exercise the same power of holding a county court, and the same jurisdic- tion therein, as is usually had and exercised by sheriffs of other counties in England. " III. And be it further enacted and declared, that after the passing of this act it shall be lawful for his majesty and his successors to appoint a custos rotulorum of the said county of Durham, and from time to time to appoint to that office on every future vacancy thereof. "IV. And whereas it is expedient that due provision shall be made for the compensation of any person or persons deprived of his or their office or offices in the county of Durham, for the losses he or they may sustain by the abolition of his or their office or offices, or reduction of his or their fees by virtue or in consequence of this act ; be it therefore enacted, that from and after the commencement of this act there shall be issued, paid, and payable, out of and charged upon the consoli- dated fund of the United Kingdom of Great Britain and Ireland, to the person or the several persons appointed before the twenty -fifth day of March, one thousand eight hundred and thirty-six, to any office or offices in the county of Durham which shall be abolished or affected by virtue of this act, free and clear of all taxes and deductions whatsoever, such sums of money, at such times, by way of annuity or otherwise, as, having regard to the manner of his or their appointment to such office or offices, and the term and duration thereof, and all the circumstances of the case, shall be adjudged and determined to be due to such person or persons respec- tively by any commission to be appointed by his majesty, or by virtue of any act of parliament, for the purpose of determining the amount of the compensation that ought to be due and payable in such cases ; and that in the mean time and until compensation shall be awarded and determined in manner aforesaid, or the time shall have elapsed that may be appointed for claiming the same, it shall be lawful for the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland, or any three of them, to issue their warrants for the payment to such person or persons as aforesaid, out of the said consolidated fund, of such half-yearly or quarterly allowances as to the said commissioners shall seem reason- able, both as to the amount and times of payment, on account of such compensation as may thereafter be awarded to the said parties respectively. "V. Provided always, and be it further enacted, that no person shall be enti- tled to receive any such compensation or allowance as aforesaid who shall not pre- viously make a full and true statement to the said commissioners of his majesty's treasury, to be verified on oath before a judge, or master or master extraordinary in Chancery, if they shall think fit so to direct, of the amount of the salary, fees, and emoluments of such office, and of the disbursements and outgoings of the same for the space of ten years before the passing of this act ; and that such compensa- tion or allowance shall cease altogether or be reduced in amount, as the case may be, whenever the party entitled to receive the same shall be placed in any other public office of which the salary and emoluments shall be equal to the whole or to part of such compensation or allowance, so that in the last-mentioned case no person shall be entitled to receive more of such compensation or allowance than shall be equal to the difference between the full amount thereof and the amount of the salary and emoluments of the office in which he may be hereafter placed. " VI. Provided always, and be it further enacted, that nothing in this act con- tained shall affect the right of any person holding a patent of any office, whether abolished by this act or not, to receive any fee or stipend granted by such patent out of the revenues of the bishopric of Durham ; and that such revenues shall con- tinue and be subject to all the same fees and stipends in respect of any office in the said county of Durham as the same have been heretofore subject to. " VII. And be it further enacted, that in the interpretation of the clauses and provisions hereinbefore contained the words 'County of Durham' shall comprise and mean the county of Durham and Sadberge, including the detached parts of STATUTA GULIELMI IV. A.D. 1330-1 1GG9 Stat. 6 & 7 Gul. 4, c. 19. Commence- ment of act. Reservation of rights to the bishopric. The bishop to take and hold subject to future provi- sions. Craikshire, Bedlingtonshire, Norhamshire, Allertonshire, and Islandshire, and all other places heretofore within the jurisdiction of the Bishop of Durham in right of the said county palatine. " VIII. And be it further enacted, that this act shall as to all the foregoing matters not otherwise provided for, commence and take effect upon and from the fifth day of July in this present year, and shall, as to all the matters hereinafter provided for, commence and take effect from the passing thereof. " IX. Provided always, and be it further enacted, that nothing hereinbefore contained shall have the effect of severing or separating from the said bishopric, or of affecting the rights and powers of the said bishop in, over, or upon or with respect to any lordships, manors, houses, lands, tenements, tithes, rents, collieries, mines, minerals, rectories, advowsons, profits, or emoluments of any kind or description whatsoever, whether held in right of the said bishopric, or in right of the said county palatine, or otherwise howsoever, other than and except only any profits and emoluments hereinbefore expressly mentioned and directed to be severed therefrom. " X. And be it further enacted, that from and after the passing of this act the Bishop of Durham elect, or Bishop of Durham for the time being, shall take and hold the said bishopric, and all the property, patronage, and rights belonging thereto, except as hereinbefore provided, subject to and under any provisions which shall be made by or under the authority of parliament with respect to the said bishopric within the space of three years next after the passing of this act ; any law, statute, or canon to the contrary notwithstanding." CXXI. Stat. 6 & 7 Gulielmi 4, c. 20(1). A.D. 1836. Stat. 6 & 7 "An Act for imposing certain Restrictions on the Renewal of Leases by Ecclesias- GuL' 4' c' 20, tical Persons" " Whereas it is expedient that such provision as is hereinafter contained should be made respecting the granting of ecclesiastical leases ; be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that after the passing of this act no archbishop or bishop, Restrictions on ecclesiastical corporation sole or aggregate, dignitary, canon, or prebendary, or other ecclesiastical spiritual person, nor any master or guardian of any hospital, ishall grant any new Persons grant- lease of any hou e, land, tithes, or other hereditaments, parcel of the possessions of ing leases* his or their see, chapter, dignity, canonry, prebend, benefice, or hospital, by way of renewal of any lease which shall have been previously granted of the same for two or more lives, until one or more of the persons for whose lives such lease shall have been so made shall die, and then only for the surviving lives or life and for such new life or lives as, together with the life or lives of such survivor or survi- vors, shall make up the number of lives, not exceeding three in the whole, for which such lease shall have been so made as aforesaid; and that where any such lease shall have been granted for forty years no such archbishop, bishop, ecclesias- tical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guardian shall grant any new lease, by way of renewal of the same, until fourteen years of such lease shall have expired ; and that where any such lease shall have been made as aforesaid for thirty years no such archbishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guardian shall grant any new lease, by way of renewal of the same, until ten years of such lease shall have expired ; and where any such lease shall have been granted for twenty- one years, no such archbishop, bishop, ecclesi- astical corporation sole or aggregate, dignitary, canon, prebendary, spiritual per- son, master, or guardian shall grant any new lease, by way of renewal of the same, or (in the case of archbishops or bishops) concurrently therewith, until seven years of such lease shall have expired ; and that where any such lease shall have been granted for years no such archbishop, bishop, ecclesiastical corporation sole or aggre- (1) Sed vide Stat. 6 & 7 Gul. 4, c. 61 ; and Stat. 5 & 6 Vict. c. 27. 1070 STATUTA GULIELMI IV. A.D. 1830—18.17. Stat. 6 & 7 Gul. 4, c. 20. Recitals of lease to be taken as evi- dence of fact. Penalty on persons intro- ducing recitals into lease, knowing the same to be false. Ecclesiastical persons may grant certain leases con- formable to usual practice. Not to prevent ecclesiastical persons effect- ing exchanges under certain conditions. gate, dignitary, canon, prebendary, spiritual person, master, or guardian shall grant any lease, by way of renewal of the same or otherwise, for any life or lives; any law, statute, or custom to the contrary notwithstanding. " II. And be it further enacted, that whenever any archbishop, bishop, eccle- siastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual per- son, master or guardian, shall hereafter grant any renewed lease of any house, land, tithes, or other hereditaments, parcel of the possessions of his or their see, chapter, dignitary, canonry, prebend, benefice, or hospital, such lease shall contain a recital or statement, in the case of a lease for lives, setting forth the names of the several persons named as cestuique vie in the then last preceding lease of the same premises, and stating which of such persons, if any, is or are then dead, or for whose life that of some other person has been exchanged by virtue of the proviso hereinafter contained, and in case of a lease for years setting forth for what term of years the last preceding lease of the same premises was granted, and how much oi such term has then expired, and how much remains to come and unexpired, every such recital or statement shall, so far as relates to the validity of the lease so to be granted as aforesaid, be deemed and taken to be conclusive evidence of the truth of the matter so recited or stated. " III. And be it further enacted, that if any person shall execute any such lease, or any counterpart thereof, knowing such recital or statement, or any part thereof, to be false, or shall wilfully introduce or cause to be introduced, or aid or assist in introducing, any such recital or statement into any such lease, knowing the same or any part thereof to be false, or shall prepare or engross, or cause to be prepared or engrossed, any lease or counterpart of a lease containing any such false recital or statement as aforesaid, knowing the same or any part thereof to be false, every person so offending shall be deemed and taken to be guilty of a misdemeanor ; and every person so offending shall, in addition to any punishment to which he may be liable, forfeit and pay to any person suing for the same the full sum of five hundred pounds, or, at the option of such person, five years' improvediannual value of the hereditaments comprised in such lease. " IV. Provided nevertheless, and be it enacted, that in cases where it shall be certified in manner hereinafter mentioned, that for ten years now last past it hath been the usual practice (such practice having in the case of a corporation sole commenced prior to the time of the person for the time being representing such corporation) to renew such leases for forty, thirty, or twenty-one years respec- tively, at shorter periods than fourteen, ten, or seven years respectively, nothing herein contained shall prevent any archbishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guar- dian, from granting a renewed lease conformably to such usual practice ; provided that such usual practice shall be made to appear to the satisfaction of the arch- bishop of the province in the case of a lease granted by such archbishop or by a bishop, and in the case of a lease granted by any other corporation or person to the satisfaction of such archbishop and also of the bishop having jurisdiction over such corporation or person, and shall before the granting of such lease be certified in writing under the hand of the archbishop in the one case, and of the archbishop and bishop in the other case ; the certificate so signed by an archbishop only to be afterwards deposited in the registry of such archbishop, and the certificate so signed by an archbishop and also by a bishop to be afterwards deposited in the registry of such bishop, which certificate shall be conclusive evidence of the facts thereby certified. " V. Provided also, and be it enacted, that nothing herein contained shall pre- vent any archbishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guardian, from exchanging any life or lives in being, for which any lease shall have been granted as aforesaid, and accordingly granting any renewed lease with a view to effectuate such exchange of a life or lives ; provided that the same shall be approved of (in the case of an archbishop) by his majesty in council, or (in the case of a bishop) by the arch- bishop of the province, or (in the case of any inferior corporation or person) by STATUTA GULIELMI IV. A.D. 1880—1837. JG71 the archbishop of the province and bishop of the diocese ; such approbation, when required to be given by his majesty in council, to be testified by the president of the council certifying on the renewed lease to be granted as aforesaid such appro- bation, and in all other cases to be testified by the person or persons whose approval is hereby required, certifying on such renewed lease his or their approbation of the same. "VI. Provided also, and be it enacted, that nothing in this act contained shall prevent any grants or renewals of leases which may have been authorized by acts of parliament specially relating to the particular estates demised by such leases. " VII. Provided also, and be it enacted, that nothing in this act contained shall prevent a lease from being granted, with a view to confirm any title or otherwise, for the life or lives of the same person or persons or for the lives or life of the sun Ivors or survivor of them, or for the same term of years, and commencing at the same period, as the lease last granted for a life or lives or a term of years respectively. " VIII. Provided also, and be it enacted, that no lease not authorized by the laws and statutes now in force shall be rendered valid by anything in this act contained. u IX. And be it enacted, that if any lease contrary to this act shall have been granted since the first day of March in the year one thousand eight hundred and thirty- six, or shall be granted after the passing of this act, every such lease shall be void to all intents and purposes whatsoever : provided always, that nothing in this act contained shall be deemed or taken to affect any lease granted or to be granted pursuant to any covenant or agreement entered into previously to the first day of March, one thousand eight hundred and thirty-six. "X. And be it further enacted, that nothing in this act contained shall be deemed or taken to extend to Ireland. " XI. And be it further enacted, that this act may be altered or amended by any act during this present session of parliament." Stat. 6 & 7 Gul. 4, c. 2tf. Not to prevent grants under acts of parlia- ment; nor for same term as pre- ceding leases. Act not to render valid illegal leases. Leases con- trary to this act void. Act not to ex- tend to Ireland Act may be altered this CXXII. Stat. 6 & 7 Gulielmi 4, cap. xx. A.D. 1836. Stat. 6 & 7 "An Act to incorporate the Governors of the Westminster Hospital at the Broad 4' CAP Sanctuary, Westminster, and for conferring Powers the better to enable them to carry on their Charitable Designs." CXXIII. Stat. 6 & 7 Gulielmi 4, cap. xx. A.D. 1836. iAn Act for consolidating the Rectories of Alford and Homblotton, in the County of Somerset, and for settling the Advowson of such consolidated Rectory; and also for rectifying a Settlement made in pursuance of the Will of the late John Tli ring, Esquire, under the Direction of the High Court of Chancery, of Estates in the County of Somerset; and for other Purposes." Stat. 6 & 7 Gul. 4, cap. xx. Stat. 6 & 7 CXXIV. Stat. 6 & 7 Gulielmi 4, cap. xxi. A.D. 1836. "An Act for empowering the Governors and Corporation of Etwall Hospital and Gv.L' 4' cap' Repton Free School, in the County of Derby, to sell certain Parts of their Estates in the same County, and to lay out the Monies arising from the Sale thereof in the Purchase of other Estates, to be conveyed to the same Uses." CXXV. Stat. 6^7 Gulielmi 4, c. 22. [Scotland.] A.D. 1836. "An Act to enable Bastards in Scotland to make Testaments." CXXVI. Stat. G & 7 Gulielmi 4, c. 24. A.D. 1836. "An Act to render valid certain Marriages solemnized in a Chapel of Ease, in the Parish of Wandsworth, in the County of Surrey, called Saint Ann's Chapel" "Whereas Saint Ann's chapel, in the parish of Wandsworth in the county of Surrey and diocese of Winchester, is a chapel of ease to the parish church of Stat. G & 7 Gul. 4, c. 22. [Sc.] Stat. 6 & 7 Gul. 4, c. 24. 1672 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 24. 4 Geo. 4, c. 76. "Marriages already solem- nized in Saint Ann's chapel, Wandsworth, declared to be valid. Ministers solemnizing such mar- riages, &c. not to be liable to penalties. Registers to be evidence. This act not to authorize future mar- riages in the chapel. Wandsworth aforesaid, and hath been duly consecrated for the performance of divine service, but no authority hath ever been given by the bishop of the said diocese for the publication of banns and the solemnization of marriages in the said chapel ; and whereas divers marriages have been solemnized in the said chapel by the officiating minister for the time being of the parish church of Wandsworth aforesaid, and by the officiating minister for the time being of the said chapel, and other clergymen, under the erroneous conception that according to the terms of the sentence of consecration of the said chapel, or otherwise, marriages might be law- fully solemnized therein ; and entries of the several marriages so solemnized as aforesaid have been from time to time made in the register book of the said parish, in compliance with the provisions of an act of parliament passed in the fourth year of the reign of King George the Fourth, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England,' except that in each such entry it hath been expressly stated that the marriage was solemnized in the said chapel ; and whereas it is expedient to remove all doubts arising from the circum- stances aforesaid, touching the validity of the marriages so solemnized in the said chapel as aforesaid ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons in this present parliament assembled, and by the authority of the same, that all marriages solemnized in the said chapel called Saint Ann's chapel, by the offici- ating minister for the time being of the said parish church of Wandsworth, and by the officiating minister for the time being of the said chapel, or by any other cler- gymen respectively being ministers of the church of England, shall be as good and valid in the law to all intents and purposes whatsoever, as if the same had been solemnized in the parish church of Wandsworth aforesaid. " II. And be it further enacted, that the minister or ministers who have solem- nized such marriages respectively as aforesaid shall not be liable to any ecclesiastical censures, or to any other proceedings or penalties whatsoever, by reason of his or their having so as aforesaid solemnized the same respectively. " III. And be it further enacted, that the registers of the marriages so solem- nized as aforesaid, or copies of such registers, shall be received in all courts of law and equity as evidence of such marriages respectively, in the same manner as the same would have been receivable in evidence in case the said marriages respectively had been solemnized in the parish church of Wandsworth aforesaid, and the fact of the same marriages having been solemnized in the said parish church had been stated in the registers relating to such marriages respectively. " IV. Provided always, and be it further enacted, that nothing in this act con- tained shall extend to authorize the publication of banns, or the solemnization of marriages in the said chapel hereafter." Stat. 6 & 7 Gul. 4, cap. xxiv. CXXV1I. Stat. 6 & 7 Gulielmi 4, cap. xxiv. A.D. 1836. "A a Act for confirming a certain Lease granted by the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods of the Hospital of King Edward the Sixth, called Christ's Hospital, and for extending the Powers to grant Building Leases given to them by an Act passed in the sixth year of the Reign of King George the Fourth." Stat. 6 & 7 Gul. 4, cap. XXX. CXXVIII. Stat. G & 7 Gulielmi 4, cap. xxx. A.D. 1836. 6 An Act for authorizing a Sale of Glebe Lands belonging to the Vicarage of Dudley, in the County of Worcester, and for other Purposes'1 Stat. 6 & 7 Gul. 4, c. 31. [I*.] 1 Geo. 2, Ir. CXXIX. Stat. 6 k 7 Gulielmi 4, c. 31. [Ireland.] A.D. 1836. "An Act to amend an Act of His late Majesty King George the Second, for the Encouragement of Building of Chapels of Ease in Lreland." " Whereas an act was passed in the first year of his late majesty King George the Second, intituled, amongst other things, 'An Act to enable Archbishops, STATUTA GULIELMI IV. A.D. 1830-1837. 1G73 Bishops, and other Ecclesiastical Persons and Corporations to grant their Patronage Stat. 6 & 7 or Right of Presentation or Nomination to small Livings to such Persons as shall Gul. l, c. 31. augment the same ;' wherein several provisions were made for the encouragement ^R,3 of building of chapels of ease ; and whereas it is expedient to afford greater facili- ties to the carrying into effect the said objects proposed by the said act, and for that purpose to amend the same ; therefore be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that it shall and may be lawful to and for any person or persons, bodies Any person politic or corporate, seised or possessed of a sufficient estate for the purpose, by and jjjj"*' with the consent of the archbishop or bishop of the diocese, to be signified in sent 0f writing under his hand and seal, to allot and set apart any land not exceeding one bishop, any plantation acre, provided the same shall not be within one measured mile of any land not ex- other church or chapel where the liturgy and rites of the united church of England ^ and Ireland, as by law established, are used and observed, unless the said lands site of a chapel, shall be within some city or corporate town, or within a town containing four thou- not less than 6and persons, or the suburbs, liberties, and precincts of the same ; on which said one mile fr°m lands so set apart it shall and may be lawful to and for any person or persons, JJ^J^Iflit? bodies politic or corporate, to erect and build a church or chapel, or to appropriate ™ tumal Scc!*^ as a church or chapel, any building already erected on such land, in which the liturgy and rites of the united church of England and Ireland as by law established are to be used and observed, who shall first settle and assure lands, tenements, or hereditaments held in fee-simple, or for lives with covenant for perpetual renewal thereof, or for a term of ninety-nine years of which sixty years at the least shall be then unexpired, free from incumbrances, and of the clear yearly value of fifty pounds at the least, or money in any of the government funds amounting at the least to one thousand two hundred and fifty pounds, as a provision or maintenance for a minister to officiate in such church or chapel, and his successors for ever, as a perpetual endowment of such church or chapel : provided always, that the land so set apart for building thereon such church or chapel, or whereon such building shall be erected as aforesaid, shall be held in fee-simple, or for lives with cove- nant for perpetual renewal thereof, or for a term of ninety-nine years, of which not less than sixty years shall be unexpired ; and provided also, that by the deed of endowment thereof one third at least of the sittings in such church or chapel shall be set apart and appropriated as free sittings for ever. " EL And be it further enacted by the authority aforesaid, that where any per- Founders of son or persons, bodies politic or corporate, shall erect or appropriate as aforesaid chapels may and endow, and where two or more persons, bodies politic or corporate, shall join vest tne pa" in or contribute to the erecting or appropriating as aforesaid, and endowment of trustees not any church or chapel or building as aforesaid, in pursuance of this act, the minister exceeding or ministers to officiate in such church or chapel shall be from time to time nomi- seven in num- nated and appointed by trustees, who shall not be fewer than five nor more than ber> seven in number, and who shall be members of the united church of England and Ireland, to be for that purpose named, in the first instance, by the person or per- sons, bodies politic or corporate, so erecting or appropriating and endowing any such church or chapel, and that the vacancies which shall from time to time occur in the number of such trustees shall be filled up in such manner and order as in the deed of such endowment shall be settled : provided that if it should happen Providing for that all the trustees of any such church or chapel for the time being should die failure of ap- without having appointed any other trustee or trustees as their successors, then Point,nent of and in such case it shall be lawful for the minister for the time being of the said trustee&" church or chapel, with the consent of the bishop of the diocese, to appoint the requisite number of trustees by the deed of endowment of such church or chapel required. " III. And be it further enacted, that in case such endowment shall be formed If endowment in the whole or in part of government funds, it shall be lawful for such trustees, be mvested m as they shall think fit, to dispose of such government funds, and to invest the pro- fand™ trustees duce thereof in the purchase of lands, tenements, or hereditaments held in fee- may dispose of 1G74 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 31. [IR.] same, and in- vest the pro- duce in pur- chase of lands, &c. Bishop may- assign a district to a chapel ; and determine whether bap- tisms, &c. shall be performed. Trustees to be the true patrons. Appointment to such chapel to render void any benefice, &c. previously held, and not to be held with any other. Chapelries founded to be perpetual cures. simple, or for lives with covenant for perpetual renewal, or for long terms for years of which at least sixty years shall be unexpired, in such manner and subject to such restrictions as in said deed of endowment shall be for that purpose provided ; and where such endowment shall be formed in the whole or in part of any estate or interest in lands or tenements less than a fee-simple it shall be lawful for such trustees, as they shall see fit, to purchase any more extended interest therein, or the reversion or inheritance therein, in such manner and subject to such restrictions as in the said deed of endowment shall be for that purpose provided. " IV. And be it further enacted, that the bishop of the diocese, with the consent of the incumbent, shall assign a particular district to every such church or chapel as shall be built or appropriated under the provisions of this act, or which has been or shall be built or appropriated under any other statute, or under and by virtue of any ecclesiastical authority, except where from special circumstances he shall deem it not advisable to assign a district ; and such district shall be under the immediate care of the minister who shall have been duly licensed to serve such church or chapel, so far as regards the visitation of the sick and other pastoral duties ; provided always, that it shall be lawful for the bishop also to determine whether baptisms, churchings, or burials shall be solemnized or performed in any such church or chapel or not ; and the bishop shall cause a description of the bound- aries of the district assigned by him to such church or chapel to be registered in the registry of the diocese, and shall also cause his order and direction in writing as to all offices to be performed in any such church or chapel to be registered in the registry of the diocese. "V. And be it further enacted by the authority aforesaid, that the trustees to be so nominated and appointed by or in the manner directed as aforesaid, by any person or persons, bodies politic or corporate, who shall build or appropriate and endow any such church or chapel as aforesaid, shall from the time of such endow- ment be and be esteemed in law to be patron or patrons of such church or chapel ; and the right of presentation or nomination thereto shall be and is hereby from thenceforth for ever after vested in the trustees to be so nominated by or appointed in such manner as aforesaid, by such person or persons, bodies politic or corporate, who shall build or appropriate and endow the same as aforesaid ; and that such endowed church or chapel shall be for ever after called and known by such name as the said founders of such church or chapel shall in and by their deed of endow- ment direct and appoint. "VI. And be it further enacted, that if any minister already possessed of any benefice, living, or curacy shall be nominated and appointed to officiate in any such church or chapel as aforesaid, and shall accept such appointment, and be duly licensed thereunto, that then such benefice, living, or curacy shall from thenceforth be and be deemed and adjudged absolutely void to all intents and purposes whatso- ever, and it shall be lawful for the archbishop, bishop, or other patron to collate or present thereto in like manner and form as if the former incumbent had died : and in case any minister who shall have been nominated and appointed to officiate in any such church or chapel as aforesaid, and who shall have accepted such appoint- ment, and have been duly licensed thereunto, shall be collated or instituted to any other benefice, living, or curacy, that then the said appointment of such minister to officiate in such church or chapel as aforesaid shall from thenceforth be and be deemed and adjudged absolutely void to all intents and purposes whatsoever, and it shall be lawful for the trustees for the time being in the deed of endowment of such church or chapel named, or subsequently duly appointed as thereby directed, to nominate and appoint another minister to officiate in such church or chapel in like manner and form as if the former minister had died. " VII. And be it further enacted by the authority aforesaid, that all churches or chapels which shall at any time hereafter be erected or appropriated and endowed by virtue of this act shall be and are hereby declared and established to be from the time of such endowment perpetual cures and benefices presentative, and the ministers duly admitted and instituted or nominated and licensed thereunto, and their successors respectively, shall be and shall be esteemed in law bodies politic and STATUTA GULIELMI IV. A.D. 1800—10.17. 1675 corporate, and shall have perpetual succession by such name and names as in the Stat. 6 & 7 giant of such endowment shall be mentioned, and shall have a legal capacity, and Gul. 4, c. 31. are hereby enabled to take in perpetuity to them and their successors all such L R,-l lauds, tenements, and hereditaments as shall be granted unto them respectively by virtue off this or any other act, or any deed or endowment ; any law or statute to the contrary notwithstanding. " VIII. And be it further enacted, that all lands and grounds which shall be Lands con- granted and conveyed as and for the sites of such churches or chapels as aforesaid, veyed for the and upon which any such church or chapel shall be erected or appropriated as ^ °^ aforesaid, shall become and be and remain absolutely vested in the trustees for the ject t0 qUgS. time being in the deed of endowment of such church or chapel named, or subse- tion. (juently duly appointed as thereby directed, free from all demands or claims of any body politic or corporate, or person or persons whatever, and without being at any time subject to any question as to any right, title, or claim thereto or in any manner affecting the same. " IX. And be it further enacted by the authority aforesaid, that no deeds of No deeds of grant for any erection, appropriation, or endowment to be made in pursuance of g^anj: ^ 1jCj gg this act shall be good and effectual in law unless such deeds be enrolled within six " any one year, without the licence of the archbishop, bishop, or other ordinary dav5 ^Jye&r, first obtained for that purpose, such church or chapel shall from thenceforth be chapel to be aud be esteemed in law actually void. void; " XII. And be it further enacted by the authority aforesaid, that no lapse shall but no lapse i eenr, in case such church or chapel becoming void by want of such residence thereby till six of such incumbent as aforesaid, till six months after notice thereof in writing months after given by the bishop or other ordinaiy to the person or persons having right of writing by the nomination to the same : provided always, that in case the person or persons ordinary." entitled to nominate to such endowed benefice shall suffer a lapse to incur, but shall after present or nominate to the same before any advantage taken thereof by the ordinary, metropolitan, or crown respectively, such presentation or nomi- nation shall be as effectual as if made within six months, although so much time be before elapsed as that the title by lapse be vested in the crown. " XIII. And be it further enacted, that it shall and may be lawful to and With consent for any person or persons, bodies corporate and politic, with the consent of the of bishop, &c. bishop of the diocese and the incumbent, to erect and build a chapel of ease in Persons ™ay any parish, provided the incumbent shall, together with the bishop of the dio- JJJ^j fa^L cese. give their consent thereto by writing under their respective hands and seals, parish, to be deposited in the registry in the diocese ; and when such cliapel shall have 1676 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 been erected and consecrated, the minister of the parish in which the same is Gul. 4, c. 31. built shall be from time to time and for ever the minister of said chapel; pro- ^Ir"^ vided that wherever there is a mother church at which the minister is bound to officiate, he shall not be required to have divine service in said mother church and chapel oftener than once on each Sunday or holiday, in each." Stat. 6 & 7 Gul. 4, c. 37. Bakers not to bake bread or rolls on the Lord's day, or sell bread, or bake pies, &c. except between certain hours. Penalty. First offence ; second offence; subsequent offence. CXXX. Stat. 6 & 7 Gulielmi 4, c. 37. A.D. 1836. "An Act to repeal the several Acts now in force relating to Bread to be sold out of the City of London, and the Liberties thereof and beyond the Weekly Bills of Mortality, and ten miles of the Royal Exchange; and to provide other Regula- tions for the Making and Sale of Bread, amd for preventing the Adulteration of Meal, Flour, and Bread, beyond the Limits aforesaid." " XIV. Provided always, and be it enacted, that no master or mistress, jour- neyman, or other person exercising or employed in the trade or calling of a baker, beyond the limits aforesaid, shall on the Lord's day, or on any part thereof, make or bake any bread, rolls, or cakes, of any sort or kind, or shall on any other part of the said day after the hour of half-past one of the clock in the afternoon, sell or expose for sale, or permit or suffer to be sold or exposed for sale, any bread, rolls, or cakes, of any sort or kind, or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, or in any other manner exer- cise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and super- intending the sponge to prepare the bread or dough for the following day's baking ; and every person offending against the last-mentioned regulations, or any one or more of them, and being thereof convicted before any justice of the peace for the city, county, or place, where the offence shall be committed, within six days from the commission thereof, either upon the view of such justice, or on confession by the party, or proof by one or more witness or witnesses upon oath or affirmation, shall for every such offence pay and undergo the forfeiture, penalty, and punishment, here- inafter mentioned ; (that is to say,) for the first offence the penalty of ten shillings, for the second offence the penalty of twenty shillings, and for the third and every subsequent offence respectively the penalty of forty shillings ; and shall moreover, upon every such conviction, bear and pay the costs and expenses of the prosecution, such costs and expenses to be assessed, settled, and ascertained, by the justice con- victing, and the amount thereof, together with such part of the penalty as such justice shall think proper, to be allowed to the prosecutor or prosecutors for loss of time in instituting and following up the prosecution, at a rate not exceeding three shillings per diem, and to be paid to the prosecutor or prosecutors for his, her, or their own use and benefit, and the residue of such penalty to be paid to such jus- tice, and within seven days after his receipt thereof to be transferred by him to some one of the overseers of the poor, or to some other officer, (as the convicting justice or justices may direct,) of the parish, township, or place, in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division, in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate ; and no inhabitant of such county, riding, or division, shall be deemed an incompetent witness in any proceeding under this act by reason of the applica- tion of such penalty or forfeiture to the use of the said general rate as aforesaid ; and in case the whole amount of the penalty and of the costs and expenses afore- said, be not forthwith paid after conviction of the offender or offenders, such justice shall and may, by warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the goods and chattels of the offender or offenders, and in default and insufficiency of such distress, commit the offender or offenders to the house of correction, with or without hard labour, on a first offence for the space of seven days, on a second offence for the space of fourteen days, and on a third or any subsequent offence for the space of one month, with or without hard labour, unless the whole of the penalty, costs, and expenses, be sooner paid and STATUTA GULIELMI IV. A.D. 1830—1837. 1G77 discharged : provided nevertheless, that it shall be lawful for every baker residing Stat. 6 & 7 beyond the limits aforesaid to deliver to his or her customers on the Lord's day, Gul. 4, c. 37. any bakings until half an hour past one of the clock in the afternoon of that day, without incurring or being liable to any of the penalties in this act contained : provided always, that the provisions of this act, so far as they authorize the baking and preparing bread on Sundays, shall not extend to Scotland." Bakings may- be delivered till half-past one on Sun- days. CXXXI. Stat. 6 & 7 Gulielmi 4, c. 41. [Scotland.] A.D. 1836. "An Act to abolish the Commissary Court of Edinburgh, and to regulate the mode of taking Proofs in Consistorial Causes in Scotland." Stat. 6 & 7 Gul. 4, c. 41 [Sc.] Stat. 6 & 7 Gul. 4, c. bi [Ir.] charitable purposes CXXXII. Stat. 6 & 7 Gulielmi 4, c. 55. [Ireland.] A.D. 1836. "An Act to amend the Laws relating to Loan Societies in Ireland" " XXIV. And be it further enacted, that the trustees of any such society may Profits shall be from time to time appropriate such portion of the clear net profits, over and above applied to all losses, as they shall think proper, in support of the hospital or infirmary of the county for which or for a portion of which the society shall be established, or for such other local charitable purposes as they shall think fit : the residue, or the whole of such net profits if no part shall be so appropriated, being employed as part of the funds of the society until the trustees shall otherwise determine : pro- vided always, that no part of any sch net profits, after deducting losses, shall be appropriated in any way for the advantage or benefit of any member of the society, or of the persons managing or conducting the same, or for any purpose whatsoever, except as part of or in aid of the funds of the society, to be used according to the rules of such society, or for charitable purposes as hereinbefore provided ; and that in the event of the dissolution of any such society, or that such society shall cease to act for the purposes for which it was established, or shall be deprived of the benefit of this act, the whole of the clear net profits, not previously appropriated for some charitable purpose, after payment of all debts of or claims on such society, and of all losses, shall be appropriated to such hospital or infirmary, or to such other local charitable purpose as the trustees, with the approbation of the Loan- Fund Board, shall think proper." CXXXIII. Stat. 6 & 7 Gulielmi 4, c. 58. A.D. 1836. "An Act for declaring the Law as to the Day on which it is requisite to present for Payment to the Acceptors or Acceptor supra Protest for Honour, or to the Referees or Referee in case of need, Bills of Exchange which had been dishonoicred." "II. And be it further enacted and declared, that if the day following the day on which such bill of exchange shall become due shall happen to be a Sunday, Good Friday, or Christmas day, or a day appointed by his majesty's proclamation for solemn fast or of thanksgiving, then it shall not be necessary that such bill of exchange shall be presented for payment, or be forwarded for such presentment for payment, to such acceptors or acceptor for honour, or referees or referee, until the day following such Sunday, Good Friday, Christmas day, or solemn fast or day of thanksgiving." CXXXIV. Stat. 6 & 7 Gulielmi 4, c. 64. A.D. 1836. "An Act to explain and amend an Act passed in this present Session of Par- liament for imposing certain Restrictions on the Renewal of Leases by Ecclesias- tical Persons." " Whereas by an act passed in this present session of parliament, intituled, 'An 6 Gul. 4, c. 20. Act for imposing certain Restrictions on the Renewal of Leases by Ecclesiastical Persons,' it is amongst other things enacted, that whenever any archbishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guardian should thereafter grant any renewed lease of any house, land, tithes, or other hereditaments, parcel of the possessions of his or their see, Stat. 6 & 7 Gul. 4. c. 58. If the follow- ing day be a Sunday, &c. then on the day following such Sunday, &c. Stat. 6 & 7 Gul. 4, c. 64. 1078 STATUTA GULTELMI IV. A.D. 1830— 1837. Stat. 6 & 7 chapter, dignity, canomy, prebend, benefice, or hospital, such lease should contain Gul. 4, c. 64. such recital or statement as therein mentioned, every such recital or statement should, so far as relates to the validity of the lease so to be granted, be deemed and taken to be conclusive evidence of the truth of the matter so recited or stated ; and it is thereby further enacted, that if any lease contrary to the said act should have been granted since the first day of March in this present year, or should be granted after the passing of the said act, every such lease should be void to all intents and purposes : and whereas doubts have been entertained whether leases granted since the said first day of March in this year, or to be hereafter granted, by any archbishop, bishop, ecclesiastical corporation sole or aggregate, dignitary, canon, prebendary, spiritual person, master, or guardian, and which do not contain such recital or statement as aforesaid, are not made absolutely void by the aforesaid enactment; and it is expedient that all such doubts should be removed: be it therefore declared and enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this Leases granted present parliament assembled, and by the authority of the same, that no lease by spiritual granted or to be hereafter granted by any archbishop, bishop, ecclesiastical corpo- theS°rovSons rat*on so^e or aggrega*e> dignitary, canon, prebendary, spiritual person, master, or of the redted8 guardian, shall be deemed or taken to be void under the provisions of the said act act not void by reason only of its not containing such recital or statement as therein mentioned : by reason of provided always, that whenever any archbishop, bishop, ecclesiastical corporation suc^recital as so*e 01 aSgrega*e> dignitary, canon, prebendary, spiritual person, master, or guar- is mentioned, dian, shall hereafter grant any renewed lease of any manor, messuage, land, tithes, or hereditaments, parcel of the possessions of his or their see, chapter, dignity, canonry, prebend, benefice, or hospital, and such lease shall contain such recital or statement as in the said act is mentioned, every such recital or statement shall, so far as relates to the validity of the lease so to be granted, be deemed and taken to be conclusive evidence of the truth of the matter so recited." Stat. G & 7 CXXXV. Stat. 6 & 7 Gulielmi 4, c. 67(1). A.D. 1836. Gul. 4, c. 67 tc^n yor suspending for one year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories." " Whereas his majesty was pleased, on the fourth day of February and on the sixth day of June in the year one thousand eight hundred and thirty-five, to issue two several commissions to certain persons therein respectively named, directing them to consider the state of the established church in England and Wales with reference to ecclesiastical duties and revenues : and whereas the said commissioners have, in pursuance of such directions, made four several reports to his majesty, bearing date respectively the seventeenth day of March one thousand eight hundred and thirty-five, and the fourth day of March, the tv/entieth day of May, and the twenty -fourth day of June one thousand eight hundred and thirty-six, and have in the last of such reports, amongst other things, recommended that the chapter of each cathedral church in England, except at Oxford, of the collegiate church of Westminster, and of his majesty's royal chapel of Windsor, consist hereafter of a dean and four canons only ; that the chapter of Christ Church in Oxford consist hereafter of a dean and six canons only ; that the chapters of Saint Asaph and Bangor respectively consist hereafter of a dean and two canons only ; that the chapter of Saint David's consist hereafter of a precentor and two canons only, and that the chapter of Llandaff consist hereafter of an archdeacon and two canons only ; and that no new appointment be made to any of the prebends, dignities, or offices, not being residentiary, in the several cathedral and collegiate churches, except as therein specified, nor to the deanery of Wolverhampton ; and that all ecclesiastical rectories without cure of souls, except such as are in the patronage of (1) Vide Stat. 7 Gul. 4 & 1 Viet. c. 71; Stat. 4 & 5 Vict. c. 39; Stat. 5 & 6 Vict. Stat. 1 & 2 Vict. c. 108; Stat. 2 & 3 Vict. c. 112 ; Stat. 6 & 7 Vict. c. 60 ; and Stat. 6 e. 9 ; Stat. 2 & 3 Vict. c. 14; Stat. 2 & 3 & 7 Vict. c. 77. Vict. c. 55; Stat. 3 & 4 Vict. c. 113, s. 60; STATUTA GULIELMT IV. A.D. 1830-1837. 1679 any college in either of the universities, or of any private patron, be suppressed ; and whereas the said commissioners have also recommended various other mea- sures, some of which are connected with and dependent upon the forgoing recom- mendations, and it is expedient that the reports of the said commissioners in these respects should be further considered in the next session of parliament; be it there- fore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that all future appointments to any ecclesiastical dignity, place, or office referred to in the above-mentioned recom- mendations be made subject to such measures and regulations as may hereafter be enacted respecting the same, except as hereinafter excepted ; no appointment, pre- sentation, or collation be made to any canonry, prebend, or dignity in any cathedral church in England or Wales, or in his majesty's royal chapel of Windsor, or in the collegiate churches of Westminster and Ripon, or to any benefice without cure of souls in England or Wales, which is now vacant or which shall hereafter become vacant during the continuance of this act ; provided always, that nothing herein contained shall be construed to apply to any archdeaconry, nor to any deanery, except the deanery of Wolverhampton, nor to the dignity of precentor in the cathedral church of Saint David's, nor to any of the canonries in the cathedral churches of York, Saint Paul's in London, Carlisle, Chichester, and Lincoln, nor to either of the two canonries of Christchurch, which are respectively annexed to the regius professorships of divinity and Hebrew in the university of Oxford, nor to the prebend in the cathedral church of Worcester, which is annexed to the Lady Margaret's professorship of divinity in the same university, nor to the two prebends in the collegiate church of Westminster, which the said commissioners have in their said reports recommended to be annexed to the parishes of Saint Margaret and Saint John in the city of Westminster respectively, nor to the fourth prebend in the cathedral church of Durham, which is by an act passed in the second year of his present majesty's reign to be annexed to the archdeaconry of Durham, nor to the prebends in the cathedral churches of Gloucester, Norwich, and Rochester, which are respectively annexed to the masterships of Pembroke college in Oxford and of Catherine hall in Cambridge, the provostship of Oriel college in Oxford, and the archdeaconry of Rochester respectively, nor to any prebend now enjoyed by the Bishops of Lincoln, Lichfield, Exeter, and Salisbury in the chap- ters of their respective sees, nor to any benefice without cure of souls which is in the patronage of any college or either of the universities or of any private patron, nor to any canonry in the chapter of Christ Church in Oxford by the vacancy of which the canonries in the said chapter shall be reduced below the number of six, nor to any prebend or canonry in the chapter of any other cathedral or collegiate church in England, or of his majesty's royal chapel of Windsor, or of the collegiate churches of Westminster or Ripon, by the vacancy of which the prebends or canonries in such chapters respectively shall be reduced below the number of four, nor to any canonry in the chapter of either of the cathedral churches of Wales by the vacancy of which the canonries in such chapter shall be reduced below the number of two. " IL And whereas an act was passed in the last session of parliament, intituled, ' An Act for protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales;' be it enacted, that nothing herein contained shall be construed to prejudice or affect the said act, excepting such part thereof as pro- vides that nothing therein contained shall prevent his majesty, or any archbishop, bishop, or other patron of any dignity, prebend, canonry, or benefice without cure of souls which at the time of the passing of the said act might have or should thereafter become vacant, from appointing a successor thereto in case he should think proper to do so, but that such last-mentioned provision, except so far as it relates to any canonry, prebend, dignity, or benefice hereinbefore excepted from the operation of this act, be and the same is hereby repealed. Stat. 6 & 7 Gul. 4, c. 67 Future ap- pointments. Vacancies in canonries, prebends, or dignities, not to be filled up. Proviso. Act not to affect 5 & 6 Gul. 4, c. 30. 1680 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 " III. And be it enacted, that all the provisions of the said act, except as Gul. 4, c. 67. herein excepted, shall remain in full force during the continuance of this act. Recited act to " IV. And be it enacted, that this act shall continue and be in force for one continue in r from tjie passing thereof, and if parliament shall be then sitting, until the end force with this e . £ i. , act of the session of parliament. Duration of act. Stat. 6 & 7 Gul. 4, c. 70. CXXXVI. Stat. 6 & 7 Gulielmi 4, c. 70(1). A.D. 1836. lAn Act to facilitate the Conveyance of Sites for School Rooms? Stat. 6 & 7 Gul. 4, c. 71. Appointment of commis- sioners. Style of com- missioners. To have a common seal. Awards, &c. purporting to be sealed with such seal to be received as evidence. CXXXVII. Stat. 6 & 7 Gulielmi 4, c. 71(2). A.D. 1836. "An Act for the Commutation of Tithes in England (3) and Wales." " Whereas it is expedient to amend the laws relating to tithes in England and Wales, and to provide the means for an adequate compensation for tithes, and for the commutation thereof: be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall be lawful for one of his majesty's principal secretaries of state to appoint two fit persons to be commissioners to cany this act into execution, and for the Archbishop of Canterbury, under his hand and archiepiscopal seal, to appoint one fit person to be a commissioner to carry this act into execution, and for the said archbishop and secretary of state, at their joint pleasure, to remove any one or more of the commissioners so appointed ; and upon every vacancy in the office of commissioner some other fit person shall be appointed to the said office in the same manner and by the same authority as the commissioner whose vacancy is thereby supplied ; and until such appointment it shall be lawful for the continu- ing commissioners or commissioner to act as if no such vacancy had occurred. " II. And be it enacted, that the said commissioners shall be styled 'The Tithe Commissioners for England and Wales,' and shall have their office in London or Westminster, and they, or any two of them, may sit from time to time, as they deem expedient, as a board of commissioners for carrying this act into execution ; and the said commissioners shall cause to be made a seal of the said board, and shall cause to be sealed or stamped therewith all agreements and awards confirmed by the said commissioners in pursuance of this act ; and all such agreements and awards and other instruments proceeding from the said board, or copies thereof, purporting to be sealed or stamped with the seal of the said board, shall be received in evidence without any further proof thereof ; and no agreement or award shall be of any force unless the same shall be sealed or stamped as aforesaid. Tithes, 2612-2616. Law, tit. Tithes. Stephens on Clerical (1) Repealed by Stat. 4 & 5 Vict. c. 38. (2) Vide Stephens on Nisi Prius, tit. (3) Tithes in England: — The following is a list of statutes which have been enacted since 1800, relating to tithes in England: Claims of modus decimandi, or exemption from or discharged „ « r i A ^ of tithes, shortening the time required in J ' °" i E. Amended by 4 & 5 Gul. 4, c. 83. i Commutation of tithes 6 & 7 Gul. 4, c. 71. 7 Gul. 4 & 1 Vict. c. 69. 1 & 2 Vict. c. 64. Amended and explained by < 2 & 3 Vict. c. 62. 3 & 4 Vict. c. 15. .5 & 6 Vict. c. 54. Merger of tithes in land, facilitating 1 &2 Vict. c. 64. Amended by _ 2 & 3 Vict. c. 62. [53 Geo. 3, c. 127. Recovery of tithes, facilitating <|5 & 6 Gul. 4, c. 74. 1 4 & 5 Vict. c. 36. Recovery of small tithes, amending 7 & 8 Gul. 3, c. 6, for)- Qgo 4 c 15 the more easy ) Turnips, amending the law as to the tithing of 5 & 6 GuL 4, c. 75. E. E. E. E.&I. E. E. E. STATUTA GULTELMI IV. A.D. 1830-1837. 1681 " III. And he it enacted, that the said commissioners shall from time to time give to any one of his majesty's principal secretaries of state such information respect- ing their proceedings or any part thereof as the said principal secretary of state shall require, and shall once in every year send to one of the principal secretaries of state a general report of their proceedings ; and every year such general report shall be laid before both houses of parliament within six weeks after the receipt of the same by such principal secretary of state if parliament be sitting, or if parlia- ment be not sitting then within six weeks after the next meeting thereof. " IV. And be it enacted, that it shall be lawful for the commissioners from time to time to appoint a sufficient number of persons to be assistant commis- sioners, and also a secretary and assistant secretary, and all such clerks, messengers, and officers as they shall deem necessary, and to remove such assistant commis- sioners, secretary, or assistant secretary, clerks, messengers, or officers, or any of them, and on any vacancy in any of the said offices to appoint some other person to the vacant office ; and the persons so appointed shall assist in carrying this act into execution at such places and in such manner as the said commissioners may direct : provided always, that the said commissioners shall not appoint more than twelve such assistant commissioners to act at any one time, unless the lord high treasurer, or any three or more of the commissioners of his majesty's treasury, shall, in the case of each such appointment, consent thereto; provided further, that the number of such clerks, messengers, and officers shall be subject to the like consent. "V. And be it enacted, that no commissioner or assistant commissioner ap- pointed as aforesaid shall during his continuance in such office be capable of being elected or of sitting as a member of the house of commons. " VI. And be it enacted, that no commissioner or assistant commissioner, secre- tary, assistant secretary, or other officer or person so to be appointed, shall hold his office for a longer period than five years next after the day of the passing of this act, and thenceforth until the end of the then next session of parliament; and after the expiration of the said period of five years and of the then next session of parliament so much of this act as authorizes any such appointment shall cease. " VII. And be it enacted, that the salaries of the commissioners, the allowance to the assistant commissioners, and the salaries of the secretary, assistant secretary, clerks, messengers, and other officers to be appointed under this act, shall be from time to time regulated by the lord treasurer or the lords commissioners of his majesty's treasury, or any three of them : provided always, that the salary of a commis- sioner shall not exceed the sum of one thousand five hundred pounds a year, nor the allowance to an assistant commissioner the sum of three pounds for every day that he shall be actually employed or travelling in the performance of the duties of his office, nor the salaries of the secretary or assistant secretary the sum of eight hundred pounds a year ; and that the salaries of the clerks, messengers, and other officers shall be in fit proportion : provided also, that the said lord treasurer or lords commissioners may allow to any commissioner, assistant commissioner, secre- tary, assistant secretary, clerk, messenger, or other officer, any such reasonable travelling and other expenses as may have been incurred by him in the per- formance of his duties under this act, in addition to his salary or allowance respectively. "VIII. And be it enacted, that the salaries, allowances, and travelling and other expenses of the commissioners, assistant commissioners, secretary, assistant secretary, clerks, messengers, and officers as aforesaid, and all other incidental expenses of carrying this act into execution, not herein otherwise provided for, shall be paid by the lord treasurer or the lords commissioners of his majesty's treasury out of the consolidated fund. " IX. And be it enacted, that every such commissioner and assistant commis- sioner shall, before he shall enter upon the execution of his office, take the follow- ing oath before one of the judges of his majesty's court of King's Bench or Common Pleas, or one of the barons of the court of Exchequer ; (that is to say,) U«I, A. B., do swear, that I will faithfully, impartially/ and honestly, accord- 5 P Stat. 6 & 7 Gul. 4, c. 71. Commissioners to report to secretary of state. Annual report to be laid before parliament. Power to ap- point assistant commissioners, secretary, as- sistant secre- tary, &c. Limiting the number of appointments. Commissioners not to sit in the house of commons. Operation of act as to ap- pointment of commissioners, &c. limited to five years. Salaries of and allowances to commissioners and assistant commissioners, secretary, and other officers. Such salaries, allowances, and other ex- penses, how to be paid. Commissioners and assistant commissioners to take an oath. Form of oath. 1G82 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gcl. 4, c. 71. Notification of appointment to be published in the Gazette. Commissioners or assistant commissioner may summon and examine witnesses. Commissioners may delegate powers to as- sistant com- missioners, ex- cept the powers to be exercised under their seal. Meaning of the words " Person." " Lands," "Tithes," " Parish," ing to the best of my skill and judgment, fulfil all the powers and duties of a commissioner [or assistant commissioner, as the case may be], under an act passed in the year of the reign of King William the Fourth, intituled [here set forth the title of this act].' " And the appointment of every such commissioner and assistant commissioner, with the time when and the name of the judge or baron before whom he shall have taken the oath aforesaid, shall be forthwith published in the London Gazette. "X. (1) And be it enacted, that the said commissioners, or any assistant com- missioner, may, by summons under their or his hand, require the attendance of all such persons as they or he may think fit to examine upon any matter brought before them or him as hereinafter mentioned relating to the commutation of tithes, and also make any inquiries, and call for any answer or return as to any such matter, and also administer oaths, and examine (2) all such persons upon oath, and cause to be produced before them or him upon oath all books, deeds, contracts, agreements, accounts, and writings, terriers (3), maps, plans, and surveys, or copies thereof respectively, in anywise relating to any such matter : provided always, that no such person shall be required, in obedience to any such summons, to travel more than ten miles from the place of his abode, or to produce any deeds, papers, or writings relating to the title of any lands or tithes. " XI. And be it enacted, that the said commissioners may delegate to their assistant commissioners, or to any one or more of them, such of the powers hereby given to the said commissioners as the said commissioners shall think fit, (except the power to confirm agreements and awards, or to frame forms of agreements and other instruments, as hereinafter provided, or to do any act herein required to be done under the seal of the said commissioners,) and the powers so delegated shall be exercised under such regulations as the said commissioners shall direct ; and the said commissioners may at any time recal or alter all or any of the powers dele- gated as aforesaid, and, notwithstanding the delegation thereof, may act as if no such delegation had been made ; and all acts done by any such assistant commis- sioner in pursuance of such delegated powers, shall be obeyed by all persons as if they had proceeded from the said commissioners, and the non-observance thereof shall be punishable in like manner. " XII. (4) And be it enacted, that in the construction and for the purposes of this act, unless there be something in the subject or context repugnant to such construc- tion, the word person' shall mean and include the king's majesty, and any body corporate, aggregate, or sole, as well as an individual : and any word importing the singular number only shall mean and include several persons or parties as well as (1) Vide Stat. 3 & 4 Vict. c. 15, s. 24. (2) Examine; — Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 36, 39, 45, 51, 61, & 93; and Stat. 7 Gul. 4 & 1 Vict. c. 69, ss. 2 & 3. (3) Terriers: — Terriers must, in all cases, be proved to have been produced from the proper depositories, which are the church chest, the registry of the bishop, and the re- gistry of the archdeacon. Armstrong v. Hewitt, 4 Price, 216. 3 E. & Y. 835. A terrier is strong evidence against a parson ; but it is never admitted for him, unless it be signed by a churchwarden, or if the church- wardens are nominated by him, by one of the inhabitants of the parish. Bull. N. P. 248. Earl ( Clerk) v. Lewis, 4 Esp. N. P. C. 3. Old terriers, signed hy the rector, churchwardens, and other inhabitants of the parish, are evi- dence for a succeeding rector against the landowners in a question of a farm modus, although they are not proved to have been signed by occupiers of the farm, or by any person from whom the landowners derive title. Mytton v. Harris, 3 Price, 19. 3 E. & Y. 1391. Terriers are generally signed by the minister of the parish, but it does not appear to be essentially necessary, for a ter- rier signed only by the churchwardens, was admitted in evidence in favour of a vicar against an impropriator. Illingworth v. Leigh, Gwillim, 1615. 3 E. & Y. 1385. A terrier, though not signed by the impropri- ate rector, nor by any person for him, is evidence against him as to tithes due to him in the parish. Potts v. Durant, 3 Anst. 789. 2 E. & Y. 432. Where terriers state the rector to be entitled to the small tithes of the parish, the expression is so general and indefinite, as not to exclude the possibi- lity of the existence of money payments, in lieu of the small tithes; and, therefore, where terriers so stated, but the parol testimony proved money payments, for nearly a cen- tury back, in lieu of certain small tithes, a decree for tithes in kind of these articles was refused, and the rector was left to an issue, or action at law. Lonsdale v. Heaton, 1 Younge, 58. (4) Vide Stat. 2 & 3 Vict. c. 62, ss. 23 & 24. STATUTA GULIELMI IV. A.D. 1830—1837. 13 & 14 Car. 2, c. 12. one person or party, and several things as well as one thing respectively, and the Stat. 6 & 7 converse; and any word importing the masculine gender only shall mean and Gul. 4, c. 71. include a female as well as a male ; and the word 'lands' shall mean and include " Parochial," all messuages, lands, tenements, and hereditaments ; and the word 'tithes' shall "Land- mean and include all uncommuted tithes, portions and parcels of tithes, and all (i rpith'e_ mod uses, compositions real, and prescriptive and customary payments ; and the owner," word 'parish' and 'parochial'^) shall mean and include and extend to every as used in this parish and every extra-parochial place, and every township or village, within which act* overseers of the poor are separately appointed under the provisions of an act passed in the thirteenth and fourteenth years of the reign of his late majesty King Charles the Second, intituled, 1 An Act for the better Relief of the Poor of this Kingdom/ and every district of which the tithes are payable under a separate impropriation or appropriation, or in a separate portion or parcel (2), or which the commissioners shall by any order direct to be considered as a separate district for the commuta- tion of tithes ; and the words * landowner ' or 4 titheowner,' or 4 owner of lands ' or ' owner of tithes,' shall mean and include every person who shall be in the actual possession or receipt of the rents or profits of any lands or tithes, {except (8) any tenant for life or lives, or for years, holding under a lease or agreement for a lease on which a rent of not less than two thirds of the clear yearly value of the premises comprised therein shall have been reserved, and except any tenant for years whatsoever holding under a lease or agreement for a lease for a term which shall not have exceeded fourteen years from the commencement thereof,) and that without regard to the real amount of interest of such person ; and in every case in which any tithes or lands shall have been leased or agreed to be leased to any person for life or lives, or for years, by any lease or agreement for a lease on which a rent less than two thirds of the clear yearly value of the premises comprised therein shall have been reserved, and of which the term shall have exceeded four- (1) 'Parish' and 1 parochial1 : — The con- struction of the provision that "the word parish and parochial shall mean and in- clude and extend to every parish and every extra -parochial place, and every township, or village, &c," is not perfectly clear, and may occasion serious difficulties, and especi- ally in regard to parochial agreements for commutations of tithes in parishes which consist of several townships, and in which there are portions or parcels of tithes. The meaning, however, seems to be, that the tithes of every such place shall be the subject of a separate and distinct agreement or award, and, consequently, there can be no general parochial agreement, in the ordinary sense of the word " parochial," in any pa- rish which comprises "townships" or "vil- lages," within the meaning of Stat. 13 & 14 Car. 2, c. 12, or in which there is any por- tion or parcel of tithes. Eagle on the Tithe Acts, 11. (2) Portion or parcel: — A portion of tithes, in the proper legal sense of the term, is, and in contemplation of law always has been, wholly "separate" and distinct from the rectory of the parish in which the lands over which it extends are situate. The reason of this distinction is, that portions are of earlier date than the parochial right to tithes, and in fact, were originally voluntary grants, or as they are commonly termed, arbitrary con- secrations of tithes to spiritual persons. Grants of this sort were very frequent, pre- viously to the establishment of the parochial right. The term " parcel" of tithes, pro- perly signifies tithes which formerly belonged to appropriate rectories, and which have been severed and alienated from such rec- tories. These severances of parcels of tithes have, for the most part, been made by lay impropriators of parsonages since the disso- lution of monasteries in the reign of Henry the Eighth. Parcels of tithes are very nume- rous in some parts of the kingdom, and as each parcel is for the purposes of the com- mutation to be considered as a separate pa- rish they will very much increase the labours of the commissioners. It would seem, how- ever, that the lands over which such portions and parcels extend, cannot be the subject of separate commutation, except in those cases in which the portion or parcel comprises all the tithes of the land. But such cases are extremely rare. Parcels of tithes consist of rectorial tithes, and the vicar is commonly entitled to some of the tithes arising on the same land, and it could scarcely have been intended that, in such cases, the same lands should be considered as a separate district, in respect to the parcel of tithes, and united with the rest of the parish, in respect of the vicarial tithes. Ibid. 12. (3) Except:— The effect of the two ex- ceptions seems to be, that no person holding lands or tithes under a lease or an agreement for a lease for life or lives, or for any term of years however long, at a rent amounting to two thirds of the clear yearly value of the premises demised, shall be considered as an " owner" within the meaning of the statute, and that no tenant for years, whose term does not exceed fourteen years from its com- mencement, shall under any circumstances be considered as an owner. Ibid. 13. 5 P 2 1684 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 71. Where parties to be deemed joint owners. When the ownership of lands or tithes or patronage is vested in the crown, who shall be deemed the owner or patron. When the same person is owner of lands and owner of tithes, he may be dealt with in both cha- racters. In case the patron or owner is under legal disability, who to act. teen years from the commencement thereof, the person who shall for the time being be in the actual receipt of the rent reserved upon such lease or agreement for a lease shall, jointly with the person who shall be liable to the payment of such rent of such tithes or lands, be deemed for the purposes of this act to be the owner of such tithes or lands ; and in every case in which any person shall be in possession or receipt of the rents or profits of any tithes or lands under any sequestration, extent, elegit, or other writ of execution, or as a receiver under any order of a court of equity, the person against whom such writ shall have issued, or who but for such order would have been in possession, shall, jointly with the person in pos- session by virtue of such writ or order, be deemed for the purposes of this act to be the owner of such tithes or lands. " XIII. And be it enacted, that whenever the ownership of any lands or tithes to which the provisions of this act are intended to apply shall be vested in his majesty, the first commissioner of his majesty's woods, forests, and land revenues for the time being, or in case such lands or tithes shall be vested in his majesty in right of the duchy of Lancaster or of the duchy of Cornwall, the chancellor of the duchy of Lancaster, or the officers of the duchy of Cornwall entitled to grant leases of lands parcel of the duchy of Cornwall, shall for the purposes of this act be sub- stituted instead of the owner of such lands or tithes respectively ; and whenever the patronage of any benefice to which the provisions of this act are intended to apply shall be vested in his majesty, the lord high treasurer or first lord commis- sioner of the treasury for the time being where the value of such benefice is above the yearly value of twenty pounds in the King's Books (1 ), and where such value is of or below the yearly value of twenty pounds in the King's Books the lord chan- cellor or lord keeper or first lord commissioner of the great seal for the time being, shall for the purposes of this act be substituted instead of the patron : provided nevertheless, that if such patronage is vested in his majesty in right of the duchy of Lancaster, the chancellor for the time being of such duchy shall for the purposes of this act be substituted instead of the patron. " XIV. And be it enacted, that whenever any person shall be at the same time owner of any lands and owner of any tithes comprised within any agreement to be executed pursuant to the provisions of this act, or besides being owner of any lands or of any tithes shall also be patron of the benefice to which the tithes in question may belong, such person, in relation to such agreement, may act and be dealt with in each of the several characters so borne by him as aforesaid. " XV. (2) And be it enacted, that whenever the patron of any benefice or the owner of any lands or tithes to which the provisions of this act are intended to apply, or any person interested in any question as to any tithes, shall be a minor, idiot, lunatic, feme covert, beyond the seas, or under any other legal disability, the guardian, trustee, committee of the estate, husband, or attorney, respectively, or in default thereof such person as may be nominated for that purpose by the commis- sioners after due inquiry shall have been made by them as to the fitness of such person, and whom they are hereby empowered to nominate under their hands and (1) King's Books: — When the first-fruits and tenths, on the abolition of the papal power, were annexed to the crown, a new valor beneficiorum was instiftited in the 26th Hen. 8, by which the clergy are at present rated. Vide 1 Black. Com. by Chitty, 285. Stephens on Nisi Prius, 1 683. This valuation is commonly called the King's Books, a trans- cript of which is given in Bacon's Liber Regis, and in Ecton's Thesaurus. To ascertain the value of benefices, ecclesiastical surveys were taken, by virtue of commissions in the king's name, issuing under the great seal ; and these surveys are admitted as evidence, although tbey are generally considered as estimating the value much too low. Armstrong v. Hewitt, 4 Price, 221. Drake v. Smyth, 5 Ibid. 377. Bvllen v. Michel, 2 Ibid. 435. This valuation, in no instance, mentions the existence of a modus, but the commis- missioners appear to have calculated the value of the first-fruits and tenths, without considering the question of modus or any other legal exemption. Surveys of the pos- sessions of religious houses, previous to the dissolution of the monasteries, are admissi- ble in evidence, and have been used for showing what tithes belonged to the rector and what to the vicar. Kellinyton (Vicar of) v. Cambridge {Trinity College), 1 Wils. 170. These surveys are admissible, although the commissions under which they were taken are not to be found. Ibid., 2 Gwillim, 542. Vide 2 Phillips' Ev. 385, 9th ed. Stephens on Nisi Prius, 1 660. Shelford on Tithes, 215. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 26. STATUTA GULIELMI IV. A.D. 1830—1837. 1685 seal, shall for the purposes of this act be substituted in the place of such patron, Stat. 6 & 7 owner, or person so interested. GuL- 4> c" " XVI. And be it enacted, that it shall be lawful for any landowner or tithe- Acts may be owner, by a power of attorney given in writing under his hand, to appoint an d°\y J^f1*** agent to act for him in carrying into execution the provisions of this act ; and rized all things which by this act are directed to be done by or with relation to any person may be lawfully done by or with relation to the agent so duly author- ized of such person ; and every such agent shall have full power, in the name and on behalf of his principal, to concur in and execute any agreement, and to vote on any question arising out of the execution of this act ; and every person shall be bound by the acts of any such agent, according to the authority com- mitted to him, as fully as if the principal of such agent had so acted ; and the power of attorney under which the agent shall have acted, or a copy thereof, authenticated by the signature of two credible witnesses, shall be appended to every agreement executed by any such agent, and shall be sent with it to the office of the commissioners as hereinafter provided ; and any such power of attor- ney may be in the form following : " ' I, A. B.y of [&c], do hereby appoint C. D. of [&c], to be my lawful attor- Power of ney to act for me in all respects as if I myself were present and acting in the attorney, execution of an act passed in the sixth and seventh years (1) of his present majesty, intituled [here insert the title of this act]. •(Signed) A. BS " XVII. And be it enacted, that any one or more of the landowners or tithe- Parochial owners, whose interest respectively shall not be less than one fourth part of the J^J^J whole value (2) of the lands subject to tithes, or one fourth part of the whole which owners value of the tithes of any parish in England or Wales, may call a parochial 0f two thirds meeting of landowners and titheowners within the limits of the parish, by in value may notice (3) thereof in writing under his or their hand, to be affixed at least agree on the i i ° . . i . j i?xi i, u sum to be paid twenty-one days before such meeting on the principal outer door oi the church, tQ ^ or in some public and conspicuous place within the limits of the parish (4), and owners, which to be twice at least during such twenty-one days inserted in some newspaper agreement generally circulated within the county in which such parish is situated, for the ^^^sh6 purpose of making an agreement for the general commutation of tithes within the limits of such parish ; and every landowner and titheowner attending such meeting shall bear his own expenses of attendance ; and the landowners and titheowners who shall be present at any such meeting called as aforesaid, and whose interests in the lands and tithes of the parish respectively shall not be less than two thirds of the lands subject to tithes, two thirds of the great tithes and two thirds of the small tithes (5) of the parish, may proceed to make and (1) In the sixth and seventh years: — the separate and distinct concurrence of the A statute passed in a session of parliament owners of two-thirds of the great tithes, and begun in the second and continued in the third two-thirds of the small tithes, essential to the year of a king's reign, must not be pleaded execution of a parochial agreement, seems in- as passed in the second and third years of tended for the protection of vicars, whose in- the reign ; although such act be recited in a terests in the tithes of the whole parish col- later statute as " passed in the seoond and lectively, bear almost universally, but a very third years," &c. Rex v. Biers, 1 A. & E. small proportion to those of the impropriate 327- or appropriate rectors, and might, therefore, (2) Value: — The value of the land and be very materially prejudiced by agreements tithes is to be estimated according to the as- made without their assent. But as the lan- sessment for the relief of the poor, and in guage of the provision appears to have been extra-parochial places in which there is no framed upon the notion, that the words poor's rate, upon a valuation according to "great tithes" are synonymous with " rec- the principle of such assessments. Vide torial tithes," and the words " small tithes" Stat. 6 & 7 Gul. 4, c. 71, s. 19. with " vicarial tithes," it is necessary to ob- (3) Notice: — Vide Stat. 6 & 7 Gul. 4, c. serve, that the division of tithes into great 71, s. 22. and small is merely a general legal distinc- (4) Parish: — Vide Stat. 6 & 7 Gul. 4, c. tion, and the terras "great" and "small" 71, s. 12. have no necessary or permanent connexion (5) Small tithes: — "Two-thirds of the with rectorial and vicarial tithes. Vicars, it great tithes and two-thirds of the small is true, are very commonly entitled to all the tithes," &c. This provision which makes small tithes of the parish, but that is an ac- 1686 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. Provisional agreements may be made at the parochial meetings. Proportional interest in lands and tithes, how to be estimated for the purposes of this act. Meeting may be adjourned. Form of parochial agreement. execute a parochial agreement (1) for the payment of an annnal sum by way of rent-charge, variable as hereinafter provided, instead of the great and small tithes of the parish collectively, or instead of the great tithes and small tithes seve- ralty, to the respective owners thereof in the said parish ; and every agreement so made and executed, and confirmed in manner hereafter mentioned, shall be binding on all persons interested in the tithes or lands subject to tithes of the said parish. "XVIII. And be it enacted, that the majority of such landowners and tithe- owners present at every such meeting shall elect a chairman, who shall forthwith proceed to ascertain the interest of the landowners and titheowners then present in person or by their agents ; and in case it shall thereupon appear that the persons present at such meeting have not a sufficient interest in the premises as aforesaid to make and execute such an agreement which shall be binding on all persons interested therein, it shall be lawful notwithstanding for any number of the persons then present to make and execute a provisional agreement for the commutation of tithes of the like form and tenour ; and every such provisional agreement which shall be executed within six calendar months from the day of the first making thereof by the landowners and titheowners whose interest in the lands and tithes of the parish shall not be less than two thirds of the lands subject to tithes, two thirds of the great tithes, and two thirds of the small tithes of the parish respec- tively, shall be as binding as if executed by all the parties thereto at the meeting at which the agreement was first made. " XIX. Provided always, and be it enacted, that the proportional interest of the owners of such lands or tithes, so far as relates to their power to make any such agreement or provisional agreement, or to give any notice to the commissioners or assistant commissioners as hereinafter provided, shall be estimated according to the proportional sum at which such lands or tithes shall be rated to the relief of the poor, or, if there shall be no such rate, according to the rules by which pro- perty of the same kind is by law rateable to the relief of the poor. " XX. And be it enacted, that in case an adjournment of the said meeting for any cause shall be desired by a majority of the persons attending such meeting, the chairman shall adjourn the meeting to any time and place then by him to be declared, and so from time to time in case the same shall be in like manner desired by a majority of the persons attending such meeting ; and notice of every adjourned meeting shall be given under the hand of the chairman, and shall be affixed in a conspicuous place on the outside of the building in which such meeting or the last adjournment thereof shall have been holden ; and the like order of pro- ceeding shall be observed at any such adjourned meeting, and everything done at any such adjourned meeting shall be as valid as if done at the original meeting. " XXI. (2) And be it enacted, that every such agreement shall bear date on the day on which the first signature is attached thereto, and every such agreement or cidental local circumstance, depending upon the endowment of the vicarage, and cannot be made the foundation of a general rule. It very frequently happens that some of the small tithes belong to the rector, and some of the great tithes to the vicar. The words " rectorial" and "vicarial," would undoubt- edly have been more significant and appro- priate than the words " great" and "small," for the former apply to the question of fact, and are proper for defining the particular local interests which are required to be dis- tinguished ; whilst the latter are properly applicable only to general questions of law, and have, per se, nothing to do with the local interests of rectors and vicars. Vide 1 Eagle's Treatise on Tithes, 59. The use of the words "great" and "small" tithes, is also objectionable on another ground. The proportional interest of the owners of the land and tithes, is by the nineteenth sec- tion of the act to be estimated according to the proportional sum at which such lands or tithes are rated to the relief of the poor : but this mode of estimating such propor- tional interest cannot be made available, ex- cept in those parishes in which all the great tithes and all the small tithes belong to dif- ferent persons : for, according to the usual practice, tithes are not rated according to their legal divisions of great and small, but according to the respective interests of the persons by whom they are possessed and occupied, without any distinction as to any of the particular species of tithes, which are the subject of the assessment. Eagle on the Tithe Acts, 20, 21. (1) Agreement. — Vide post. ss. 22, 23 & 26. (2) Vide Stat. 2 & 3 Vict. c. 62, s. 24. STATUTA GULIELMI IV. A.D. 1830— 18S7. 1G87 some schedule thereunto annexed shall set forth all the lands of the said parish which are subject to the payment of any kind of tithes, and also the true or esti- mated quantity in statute measure of land subject to tithes within the parish which shall be then cultivated as arable, meadow, or pasture land, or as wood land, com- mon land, or howsoever otherwise, and shall also set forth whether any modus or composition real, or prescriptive or customary payment, shall be payable instead of all or any of the tithes of the said parish, and which lands or tithes respectively are covered thereby, and shall also set forth which of the said tithes, moduses, compositions, or payments are payable to the titheowner, or if there is more than one titheowner to each of the several titheowners in the said parish, distinguishing in what right every such titheowner is entitled to such tithes, and shall also set forth whether any and which of the lands of the said parish are or have been under any and what circumstances exempt from the payment of any and what tithes; and such agreement shall also state in words at length the amount of the sum or sums agreed to be paid (subject to variation as hereinafter provided) instead of the tithes of the lands comprised in the said agreement, and instead of all moduses and oh n positions real, prescriptive and customary payments, (if any,) payable in respect of such lands, or the produce of such lands or any of them, distinguishing, if there is more than one titheowner, the sum payable to every such titheowner, ami where the tithes of different lands in the same parish are payable to different titheowners, or to the same titheowner in different rights, distinguishing the sum payable in respect of such different lands ; and every such agreement shall also state all such other particulars as the commissioners shall by any order from time to time require to be inserted in such agreements. '* XXII. And be it enacted, that the commissioners shall frame and cause to be printed, as soon as conveniently may be after their appointment, forms of notices and agreements, and such other instruments as in their judgment will further the purposes of this act, and supply all or any of such forms to the churchwardens and overseers of any parish who may require the same, or to whom the commissioners may think fit to send the same, for the use of any landowner or titheowner desi- rous of putting this act in execution. " XXIII. And be it enacted, that any commissioner or assistant commissioner, if the commissioners shall think fit, may attend any such meeting for the purpose of taking part in the discussion and advising on the terms of agreement ; but no commissioner or assistant commissioner, during the time that he is actually attend- ing such meeting for that purpose, shall have any of the powers herein given to the commissioners in case of an award or apportionment by the commissioners as hereinafter provided. XXIV. And be it enacted, that if any suit shall be pending touching the right to any tithes, or if there shall be any question as to the existence of any modus or composition real, or prescriptive or customary payment, or any claim of exemption from or nonliability to tithes, under any circumstances in respect of any lands or any kind of produce, or touching the situation or boundary of any lands (1), or if any difference shall arise whereby the making and executing of any such agreement shall be hindered, it shall be lawful for the owners, or, if there shall be no owner actually in possession, for the persons claiming to he the owners of the lands and tithes respectively, being parties to such suit or difference, to submit the same to reference by any waiting under their respective hands, containing an agreement that such submission shall be made a rule of any of his majesty's courts of record, upon such terms of reference as the parties may agree upon ; and the decision of the arbitrator or arbitrators named in the said reference shall for the purposes of this act be final and conclusive on all persons : provided nevertheless, that no person being owner of an estate in land or tithes, less in the whole than an Stat. 6 & 7 Gul. 4, c. 71. Commissioners to frame and circulate forms of agreements, &c. Commissioner or assistant commissioner may attend to advise terms of agreement. Suits and differences may be referred to arbitration. (1) Situation or boundary of any lands : — lessees and copyhold tenants, or with the By Stat. 2 & 3 Gul. 4, c. 80, dignitaries of owners of any other hereditaments, for the the church and ecclesiastical and collegiate purpose of settling unknown or disputed corporations are enabled to enter into any boundaries of manors, lands, tithes, or here- agreement or deed of submission with their ditaments. 1G88 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. Agreements pending at the time of the passing of this act, if com- pleted and confirmed by the commis- sioners, to be as valid as parochial agreements. Consent of patron to be given to every agreement for com mutation of ecclesiastical tithe. Agreement to be confirmed by the com- missioners. immediate estate of fee-simple or fee-tail, shall be empowered to submit to any such reference so as to bind any person in remainder, reversion, or expectancy, without the consent of the commissioners ; and that it shall be lawful for the commissioners, if they shall think fit so to do, but not otherwise necessary, to direct that any person in remainder, reversion, or expectancy of an estate of inheritance in the said lands or tithes, or any other person whom they shall deem to be interested therein, shall be made a party to such reference. " XXV. And be it enacted, that every agreement for the commutation for a rent-charge of the tithes of any lands which shall be pending at the time of the passing of this act, and which shall be executed before or within six calendar months after the passing of this act by the landowners and titheowners, or per- sons claiming to be such owners, whose interest in the said lands and tithes shall not be less than two thirds of the said lands, two thirds of the great tithes, and two thirds of the small tithes of the said lands, and which shall be confirmed by the commissioners, under their hands and seal, in the manner hereinafter provided for the confirmation of any parochial agreement, shall be as valid, and the rent-charge agreed to be paid by any such agreement shall be apportioned and charged, as hereinafter provided, among and upon the said lands, as if the agreement had been made and executed at a parochial meeting. " XXVI. Provided always, and be it enacted, that in every case in which any tithes shall belong to any ecclesiastical person in right of any spiritual dignity or benefice, no agreement for the commutation of such tithes made and executed under this act shall be deemed to be executed by the owner of such tithes unless such consent thereto be given as is hereinafter mentioned ; (that is to say,) in the case of an archbishop or bishop, the consent of the crown signified by the lord high treasurer or first lord commissioner of the treasury ; and in case of the incumbent of any other benefice or ecclesiastical dignity, the consent of the patron or person (1) entitled to present (2) to such benefice or dignity in case the same were then vacant ; and every such consent shall be given under the hand of the person giving the same, and shall be annexed to the agreement, and taken to be part of the exe- cution thereof. " XXVII. And be it enacted, that every such agreement, as soon as may be after it shall have been executed by a sufficient number of landowners and tithe- owners whose interest in the lands and tithes of the parish respectively shall not be less than two thirds of the lands subject to tithes, two thirds of the great tithes and two thirds of the small tithes, shall be sent by the chairman of the meeting, or by the person in whose custody it shall then be, to the office of the commissioners, and the commissioners, by themselves, or by some assistant commissioner, shall cause inquiry to be made, and shall require such proof as will be satisfactory to them, whether or not the agreement has been made without fraud or collusion, and whether or not it ought to be confirmed; and if they shall be satisfied that it ought to be confirmed, the commissioners shall confirm the agreement under their hands and seal, and shall add to such agreement the date of the confirmation, and (1) Consent of the patron or person: — This clause is intended for the protection of the patron, who has an indirect interest in the tithes, from improvident and collusive agreements. It is analogous to the rule of courts of equity in suits respecting tithes, to which the patron is always a necessary party, where the object of the suit is to bind the inheritance. Eagle on the Tithe Acts, 34. (2) Entitled to present: — This section will include a tenant for life, and a person who has purchased the next presentation. Where there is an alternate right of presentation, the person entitled to the next turn will be competent to consent. The next avoidance to a church cannot be granted without deed. Touchst. by Atherley, 230. Co. Lit. 332. An instrument, in whatever language it may be, cannot operate as a grant of a next presentation, unless it be under seal. Wilmot v. Wilkinson, 6 B. & C. 511. The sale of the advowson of a church, which is full, is not simoniacal by reason of the in- cumbency being at the time of the sale void- able, at the election of the patron. The rectory in this case was a benefice under the value of 8/., and therefore did not come within Stat. 21 Hen. 8, c. 13, ss. 9 & 10. The incumbent had previously to the sale been instituted and inducted into another benefice of higher value than 8/. in the King's Books. The conveyance was held to be valid, because the benefice was not void, and to pass the right of immediate presentation. Alston v.Atlay, 6 N. & M. 686. Shelford on Tithes, 225. STATUTA GULIELMI IV. A.D. 1830—1837. 1689 shall publish the fact of such confirmation and the date thereof within the parish in such manner as to them shall seem fit ; and every such confirmed agreement shall be binding on all persons interested in the said lands or tithes. "XXVIII. Provided always, and be it enacted, that before the commissioners shall confirm any such agreement relating to tithes belonging to any ecclesiastical person in right of any spiritual dignity or benefice, they shall communicate the same to the bishop of the diocese for his observations and opinion (1); and no such agreement shall be confirmed by such commissioners until four weeks shall have elapsed from the date of the transmission of such agreement to such bishop, unless the said bishop shall sooner signify his approbation of such agreement to the said commissioners. " XXIX. (2) And be it enacted, that any such parochial agreement may be made in manner and form aforesaid for giving to any ecclesiastical owner, in right of any spiritual benefice or dignity, of any tithes or of any rent-charge for which such tithes shall have been commuted, any quantity not exceeding in the whole twenty imperial acres of land by way of commutation for the whole or an equiva- lent part of the great or small tithes of the parish, or in discharge of or exchange for the whole or an equivalent part of any rent-charge agreed to be paid instead of such tithes, but subject in every case to the provisions hereinafter contained ; and every such agreement shall be made in such form and contain such particulars as the commissioners shall in that behalf direct, specifying the land whereof the tithes or rent-charge for which such tithes shall have been commuted shall be the subject of such agreement, and giving full and sufficient descriptions of the quan- tity, state of culture, and annual value of the land proposed to be given in exchange for such tithes or rent-charge : provided always, that the same consent and confir- mation shall be necessary to any such agreement as in the case of an agreement for a rent-charge ; and that in case the said agreement shall not extend to the whole of the tithes of the parish, an agreement or award as hereinafter provided may and shall be made for the payment of a rent-charge in satisfaction of the residue of the said tithes ; and such rent-charge, when agreed upon or awarded, or the residue thereof, shall be apportioned in manner hereinafter provided upon all the lands of the parish subject to the payment of tithes, unless otherwise agreed upon by the parties to the said parochial agreement, except the land so given by way of com- mutation, in like manner as if no agreement for giving land had been made : provided also, that the land so given shall be free from incumbrances, except leases at improved rent, land tax, or other usual outgoings, and shall not be of leasehold tenure, nor of copyhold or customary tenure, subject to arbitrary fine or the render of heriots. " XXX. And be it enacted, that in every case in which any such agreement for giving land shall be so entered into, the commissioners shall satisfy themselves, in such way and by such evi lence as they shall see fit, of the title to the land proposed thereby to be given in exchange for such tithes or rent-charge, and that the same are of the description and value set forth in such agreement, and that such agreement is conformable in every respect to the provisions hereinbefore con- tained respecting the same ; and the expense attending every such agreement for giving land, and the confirmation thereof, and of investigating the title to the land, shall be borne by the owners of land liable to the payment of tithes within the parish, in such proportions as they may agree, or, in default of agreement, as the commissioners may direct. " XXXI. And be it enacted, that such agreement for giving land, confirmed by the said commissioners, shall operate as a conveyance of such land to the owner of such tithes or rent-charge, and the land so conveyed shall thereupon vest in and be (1) Observations and opinion: — The di- rection that the agreement shall be commu- nicated to the bishop of the diocese for his " observation and opinion," leaves it doubt- ful, whether the assent of the bishop is to be essential to the validity of the agreement; the words of the latter part of the clause, however, seem to imply that the agreement is subject to his approbation. Eagle on the Tithe Acts, 37. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 26, 28, & 50 ; and Stat. 2 & 3 Vict. c. 62, s. 19. Stat. 6 & 7 Gul. 4. c. 71. Agreement to be commu- nicated to bishop of the diocese pre- vious to its being con- firmed. Land, not ex- ceeding twenty acres, may be given as com- mutation for tithes, &c. Commissioners to satisfy themselves of the title of such land, &c. Agreements for giving land to operate as conveyances. 1690 STATUTA GULIELM1 IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. Appointment of valuers. Valuers to apportion the rent-charge. Valuers may enter on lands for the purpose of valuing tithes. Old plans and surveys may be used if the valuers think proper. and be deemed to be holden by such person or persons, and upon the like uses and trusts in every respect as the tithes or rent-charge in commutation or exchange for which the same shall have been given shall be vested and holden ; and for the pur- pose of making and completing any such agreement the provisions of this act respecting persons under legal disability shall apply to every person party to such agreement or in whom any such land shall be vested, and whose concurrence or consent may be necessary to the perfecting thereof, or of the title to such land, as fully as if the same had been here repeated and re-enacted. "XXXII. And be it enacted, that at the said meeting or at some adjournment thereof, or at some other parochial meeting to be called in like manner, either before or after the confirmation of the agreement, the owners of lands subject to tithes in the said parish, or their agents, present at the meeting, may appoint a valuer or valuers ; and in case the majority in respect of number and the majority in respect of interest shall not agree upon the appointment, then they shall appoint two or such other even number of valuers as shall be then agreed on by such landowners, half of such number to be chosen by a majority in respect of number, and the other half by a majority in respect of interest, of such landowners then present. " XXXIII. (1) And be it enacted, that as soon as may be after the choosing of such valuer or valuers, and after the confirmation of the said agreement, the valuer or valuers so chosen shall apportion the total sum agreed to be paid by way of rent- charge instead of tithes, and the expenses of the apportionment, amongst the several lands in the said parish, according to such principles of apportionment as shall be agreed upon at the meeting at which the valuer or valuers shall be chosen, or if no principles shall be then agreed upon for the guidance of the valuer or valuers, then, having regard to the average titheable produce and productive quality of the lands, according to his or their discretion and judgment, but subject in each case to the provisions hereinafter contained, and so that in each case the several lands shall have the full benefit of every modus and composition real, prescriptive and cus- tomary payment, and of every exemption from or non-liability to tithes relating to the said lands respectively, and having regard to the several tithes to which the said lands are severally liable ; provided that it shall be lawful for the said valuers, when an even number is chosen, by any writing under their hands, to appoint an umpire before they proceed upon the business of such apportionment, and the decision of the umpire on the questions in difference between the valuers shall be binding on them, and shall be adopted by them in the apportionment. "XXXIV. (2) And be it enacted, that the said valuers and umpire, (if it shall become necessary for him to act,) and their agents or servants, at all reasonable times, may enter upon any of the lands to be included in the apportionment, and make an admeasurement, plan, and valuation of the same, without being subject to any action or molestation for so doing; provided always, that no valuer or umpire shall be capable of acting until he shall have made and subscribed before the said commissioners, or some assistant commissioner or justice of the peace, a solemn declaration to the same purport and effect as the oath hereinbefore directed to be made by the said commissioners, substituting only the proper description of such person instead of the word commissioner, and adding to his signature the usual place of his residence, which declaration it shall be lawful for the said commis- sioners, or any assistant commissioner or justice, to administer; and every such declaration so made and subscribed shall be countersigned by the person before whom the same shall have been made, and shall be sent by him to the office of the commissioners. " XXXV. (3) And be it enacted, that the valuer or valuers or umpire may, if they think fit, use for the purposes of this act any admeasurement, plan, or valua- tion previously made of the lands or tithes in question of the accuracy of which they shall be satisfied ; and that it shall be lawful for the meeting at which such (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 29, 54, 55, 60, 75, & 76. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 9. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 63 & 64; Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 1 ; and Stat. 2 & 3 Vict. c. 62, s. 22. STATUTA GULIELMI IV. A.D. 1830—1837. 1691 valuer or valuers shall be chosen to agree upon the adoption for the purposes afore- said of any such admeasurement, plan, or valuation, and such agreement shall he binding upon the valuer or valuers ; provided always, that three fourths of the landowners in number and value shall concur therein. " XXXVI. And be it enacted, that after the first day of October one thousand eight hundred and thirty-eight the commissioners shall proceed in manner herein- after mentioned, at such time and in such order as to them shall seem fit, either by themselves or by some assistant commissioner, to ascertain and award the total sum to be paid by way of rent-charge instead of the tithes of every parish in Eng- land and Wales in which no such agreement binding upon the whole parish as aforesaid shall have been made and confirmed as aforesaid ; provided nevertheless that if any proceeding shall be had towards making and executing any such agree- ment after the commissioners shall have given or caused to be given notice of their intention to act as aforesaid in such parish, the commissioners may refrain from acting upon such notice, if they shall think fit, until the result of such proceeding shall appear. " XXXVII. (1) And be it enacted, that in every case in which the commis- sioners shall intend making such award, notice thereof shall be given in such man- ner as to them shall seem fit ; and after the expiration of twenty-one days after such notice shall have been given the commissioners or some assistant commis- sioner shall, except in the cases for which provision is hereinafter made, proceed to ascertain the clear average value, (after making all just deductions on account of the expenses of collecting, preparing for sale, and marketing, where such tithes have been taken in kind,) of the tithes of the said parish, according to the average of seven years preceding Christmas in the year one thousand eight hundred and thirty-five ; provided that if during the said period of seven years, or any part thereof, the said tithes or any part thereof shall have been compounded for or demised to the owner or occupier of any of the said lands in consideration of any rent or payment instead of tithes, the amount of such composition or rent or sum agreed to be paid instead of tithes shall be taken as the clear value of the tithes included in such composition, demise, or agreement during the time for which the same shall have been made; and the commissioners or assistant commissioner shall award the average annual value of the said seven years so ascertained as the sum to be taken for calculating the rent-charge to be paid as a permanent commu- tation of the said tithes ; provided also, that whenever it shall appear to the com- missioners that the party entitled to any such rent or composition shall in any one or more of the said seven years have allowed and made any abatement from the amount of such rent or composition on the ground of the same having in any such year or years been higher than the sum fairly payable by way of composition for the tithe, but not otherwise, then and in every such case such diminished amount, Stat. 6 & 7 Gul. 4, c. 71. After 1st Oc- tober, 1838, commissioners may ascertain total value of tithes in any parish in which no previous agreement has been made. Value of tithes to be calculated upon an average of seven years. the sum agreed to be paid for any such year or years ; provided also, that in esti- mating the value of the said tithes the commissioners or assistant commissioner shall estimate the same without making any deduction therefrom on account of any parliamentary, parochial, county, and other rates, charges, and assessments to which the said tithes are liable ; and whenever the said tithes shall have been demised or compounded for on the principle of the rent or composition being paid free from all such rates, charges, and assessments, or any part thereof, the said commissioners or assistant commissioner shall have regard to that circumstance, and shall make such an addition on account thereof as shall be an equivalent. " XXXVIII. Provided always, and be it enacted, that in case notice in writing under the hand of any patron, or the hands of any landowners or titheowners whose interest in the lands or tithes of the parish shall not be less than one half of the lands subject to tithes, one half of the great tithes or one half of the small tithes of the parish, shall be given to the commissioners or assistant commissioner ac ting in that behalf within one calendar month next after the notice of the inten- tion to make an award shall have been given as aforesaid, that the average value (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 40, 41, 43, & 69. Tithes to be valued without deduction on account cf parochial and county rates, &c. Commissioners in certain cases may increase or diminish the sum to be paid for coin- mutation. 1692 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71, Special adju- dications, how to be made. How the tithe of hops, fruit, and garden produce is to be valued. How the tithe of coppice wood is to be valued. to be ascertained as aforesaid will not fairly represent the sum which ought to he taken for calculating a permanent commutation of the great or small tithes of the said parish, the commissioners shall have power to diminish or increase the sum to be so taken by a sum amounting to not more than one fifth part of the average value ascertained as aforesaid : provided always, that every case which shall appear to the commissioners to be fraudulent or collusive, or which, by reason of the length of time which shall have elapsed since the making of any composition then in force, or which by reason of the peculiar interest in the lands or tithes of either of the parties to any composition, or by reason or any other special circumstances, ought in the judgment of the commissioners to be separately adjudicated upon, shall be reserved for separate adjudication as hereinafter provided ; and the com- missioners shall certify and report to one of his majesty's principal secretaries of state, under their hands and seals, before the first day of May in the year one thousand eight hundred and thirty-eight, in what manner the discretion hereby vested in them ought in their judgment to be exercised, and shall in the said report lay down such rules for the guidance of the assistant commissioners as may to them seem expedient ; and such report shall be laid before parliament within six weeks after the same shall have been received, or after the meeting of parliament, and unless parliament shall otherwise provide, such rules shall be observed by the said commissioners and assistant commissioners in the exercise of the discretion hereby vested in the commissioners. " XXXIX. And be it enacted, that the commissioners shall from time to time report to one of his majesty's principal secretaries of state, under their hands and seals, all the cases which under the power hereinbefore reserved to them in that behalf shall have been reserved for separate adjudication, and shall state in every such report the reasons for so reserving every case mentioned therein, and the com- missioners shall in every such case award the rent-charge to be paid as a permanent commutation for tithes, having regard to the average rate which shall be awarded in respect of lands of the like description and similarly situated in the neighbour- ing parishes ; provided always, that a draught of such intended award, with a copy of so much of the said report as is applicable to such award, shall be deposited in the parish ; and the commissioners, or an assistant commissioner to be specially appointed by the commissioners for that purpose, shall hear and determine all objections to the award in the like manner as is herein provided in an ordinary case of award, and the commissioners shall have power thereupon to amend the draught of the said award accordingly. " XL. And be it enacted, that in case any of the lands in the parish shall be hop grounds, orchards, or gardens, and notice shall be given by the owner thereof to the commissioners or assistant commissioner acting in that behalf that the tithes thereof should be separately valued, the commissioners or assistant commissioner shall estimate the value of the tithes thereof according to the average rate of composition for the tithes of hops, fruit, and garden produce respectively during seven years pre- ceding Christmas in the year one thousand eight hundred and thirty-five, within a district to be assigned in each case by the commissioners or assistant commissioner, and estimating the same as chargeable to all parliamentary, parochial, county, and other rates, charges, and assessments to which the said tithes are liable, and shall add the value so estimated to the value of the other tithes of the parish ascertained as aforesaid. " XLI. And be it enacted, that in case any of the lands in the parish shall be coppices, and notice shall be given by the owner thereof, or by the owner of the tithes thereof, to the commissioners or assistant commissioner acting in that behalf, that the tithes thereof should be separately valued, the commissioners or assistant commissioner shall estimate the value of the tithes thereof with a due regard to the average value, estimated according to the best of their judgment, of coppice wood{\) (1) Coppice wood: Trees of the growth down, are within the exemption of Stat. 45 of twenty years or upwards, sprung from the Edw. 3, c. 3, and are not titheable. Lozon roots or stools of old trees formerly cut v. Pryse, 4 M. & C. 600. STATUTA GULIELMI IV. A.D. 1830—1837- 1693 of the same kind cut during the said period of seven years in that parish and the neighbouring parishes, estimating the same as chargeable to all parliamentary, parochial, county, and other rates, charges, and assessments, to which the said tithes are liable, and shall add the clear value of the tithes so estimated to the value of the other tithes of the parish ascertained as aforesaid ; and the commissioners shall, in the report which they are hereinbefore required to make to one of his majesty's principal secretaries of state, before the first day of May, in the year one thousand eight hundred and thirty-eight, lay down rules for the guidance of the assistant commissioners in estimating the value of the tithes of coppice wood, and, unless parliament shall otherwise provide, such rules shall be observed by the said commissioners and assistant commissioners. " XLII. And be it enacted, that the amount which shall be charged by any such apportionment as hereinafter provided upon any hop grounds or market gardens (1) in any district so to be assigned shall be distinguished into two parts, which shall be called the ordinary charge and the extraordinary charge, and the extraordinary charge shall be a rate per imperial acre, and so in proportion for less quantities of ground, according to the discretion of the valuers or commissioners or assistant commissioner by whom the apportionment shall have been made as aforesaid ; and all lands whereof the tithes shall have been commuted under this act, and which shall cease to be cultivated as hop grounds or market gardens at any time after such commutation, shall be charged after the thirty-first day of December next following such change of cultivation only with the ordinary charge upon such lands ; and all lands in any such district the tithes whereof shall have been com- muted under this act, and which shall be newly cultivated as hop grounds or mar- ket gardens at any time after such commutation, shall be charged with an additional amount of rent-charge per imperial acre, equal to the extraordinary charge per acre upon hop grounds or market gardens respectively in that district ; provided always, that no such additional amount shall be charged or payable during the first year, and half only of such additional amount during the second year, of such new cultivation ; and an additional rent-charge by way of extraordinary charge upon hop grounds and market gardens, newly cultivated as such beyond the limits of every district in which any extraordinary charge for hop grounds or market gardens respectively shall have been distinguished as aforesaid at the time of the commutation, shall be charged by the commissioners at the time of such new cul- tivation, upon the request of any person interested therein, if such new cultivation shall have taken place during the continuance of the commission of the said com- missioners, and after the expiration of the commission shall be charged in such manner and by such authority as parliament shall direct, and shall be payable and recoverable in like manner, and subject to the same incidents in all respects as an extraordinary charge charged upon any hop grounds or market gardens at the time of commutation. " XLIII. (2) And be it enacted, that in case any of the lands in the parish shall, during any part of the said period of seven years preceding Christmas, in the year one thousand eight hundred and thirty-five, have been exempted (3) from pay- ment of tithes by reason of having been inclosed under any act of parliament, or converted from barren heath or waste ground, or by reason of being glebe lands (4) Stat. 6 & 7 Gul. 4, c. 71. Provision for the change of culture of hop grounds and market gardens. Provision for valuing tithes of lands to which the average of seven years cannot apply. (1) Hop grounds or market gardens: — Vide Stat. 2 & 3 Vict. c. G2, bs. 26-33 ; and Stat. 3 & 4 Vict. c. 15, ss. 18 & 19. (2) Vide Stat. 2 & 3 Vict. c. 62, s. 12. (3) Exempted:— Vide Stat. 2 & 3 Edw. 6, c. 13, ss. 5 & 0 (ante 321). (4) Glebe lands: — Glebe lands belonging to a parsonage or vicarage, that is to say, ancient glebe lands which formed part of the original endowment of the church, are of common right exempt from payment of tithes whilst they are in the actual occupa- tion of the parson or vicar ; but the glebe lands of the vicarage are titheable to the rec- tor when they are demised to other persons. But, besides this personal privilege of ex- emption, glebe lands may also be absolutely discharged from tithes by prescription ; for parsons and vicars as spiritual persons have always enjoyed the right of prescribing in non decimando, for themselves, their lessees, farmers, and tenants. And by prescription, or by the special term of the endowment of the vicarage, the vicar may be entitled to the tithes of the rector's glebe, even when it is in the occupation of the rector; or the rec- tor, on the other hand, may be entitled to the tithes of the glebe lands of the vicarage when 1694 STATU T A GULIELMI IV. A.D. 1830—1837. Stat, 6 & 7 or of having been heretofore parcel of the possessions of any privileged order (I), Gul. 4, c. 71 i an(j notice shall have been given as last aforesaid to the commissioners or assistant commissioner acting in that behalf, that the tithes thereof should be separately valued, the commissioners or assistant commissioner shall estimate the value of the tithes thereof according to the average value which shall be ascertained as aforesaid in respect of lands of the like description and quality in that parish and the neigh- bouring parishes, or as near thereto as the circumstances of each case may in their judgment require; and estimating the same as chargeable to all parliamentary, parochial, county, and other rates, charges, and assessments to which the said tithes are liable, and shall add the value so estimated to the value of the other tithes of the parish ascertained as aforesaid. Moduses, &c. " XLIV. And be it enacted, that if any modus or composition real, or pre- how to be scriptive or customary payment (2) , shall be payable instead of the tithes of any of they are occupied by the vicar. Vide 1 Eagle's Treatise on Tithes, 486. (1) Privileged order: — The privileged order here referred to, means the two religious orders of Cistertians, and Hospitallers, or monks of the Hospital of St. John of Jeru- salem, who in respect to all the lands which were in their possession before the Council of Lateran, (A.D. 1215,) were privileged from the payment of tithes, when the lands were in their own manurance and occupation. The present owners of the lands of the Cis- tertians and Hospitallers, are entitled to the same personal privilege of exemption, (2 Eagle's Treatise on Tithes, 251 ;) and tenants in tad, {Wilson v. Redman, 1 E. & Y. 430; 2 Eagle's Treatise on Tithes, 255;) or for life, (Hett v. Meads, 3 E. & Y. 1384 ; 2 Eagle's Treatise on Tithes, 255,) are entitled to the benefit of the exemption. Evidence of non-payment of tithes for the lands when in the occupations of the owners, is good evidence to show, that the lands belonged to the religious house before the Council of Lateran. Lord v. Turk, Bunb. 122. Vide 2 Eagle's Treatise on Tithes, 256. But the decree of the Council of Lateran is equiva- lent to an act of parliament; and, therefore, the payment of tithes by the owners will not prejudice the exemption, where it can be proved by positive evidence, that the lands were parcel of the possessions of the religious house before the council. Stavely v. Ulli- thorne, Hardr. 101. 2 Eagle's Treatise on Tithes, 257. Lands of the Cistertians and Hospitallers, independently of the personal privilege of exemption, may be absolutely discharged by prescription, whilst they are in the occupation of tenants; for the grant and the subsequent confirmation of that privilege by the Council of Lateran, did not deprive them of the benefit of any absolute discharge to which they were entitled, and, particularly, of the right of prescribing in non decimando for themselves, their farmers, and their te- nants, which they enjoyed in common with all other spiritual persons. Vide Fosset v. Francklin, Raym. (Sir T.), 225; Mat- thews v. Fitch, 3 E. & Y. 1238; Ingram v. Thackntonet Ibid. 1242; and the other cases cited in 2 Eagle's Treatise on Tithes, 257. And where no tithes have been paid as far back as the evidence extends, an absolute discharge will be presumed, although it he proved that the lands have always been in the occupation of the owner. Ingram v. Thackstone, 3 E. & Y. 1242. 2 Eagle's Treatise on Tithes, 257. The sovereign being persona mixta, that is to say, partaking of the spiritual as well as lay character, is also entitled to a similar personal privilege of exemption for the crown lands when they are not demised to tenants. No provision is, however, made in this act for the privilege of crown lands; but the omission is now supplied by Stat. 2 & 3 Vict, c. 62, s. 12, by which crown lands are placed upon the same footing as the lands of the privileged orders, and entitled to the benefit of all the provisions of the Commutation Acts which are applicable to the lands of those orders and to glebe lands. It should also be observed, that independently of this personal privilege, the lands of the crown may be absolutely discharged from tithes by prescription, as fully as the lands of mere spiritual persons. 2 Eagle's Treatise on Tithes, 240. Eagle on the Tithe Acts, 65, 66. (2) Modus or composition real, or pre- scriptive or customary payment : — The same notice is requisite to determine a yearly com- position for tithes, as in the case of a tenancy of lands, namely, six months' notice, ending at the expiration of the year of composition. And where a party held tithes under a yearly composition, commencing at Michaelmas, some of the tithes being payable in May, and on the 24th March he gave the tithe-owner notice that he intended "from henceforth" to set out the tithes in kind: it was held, that this notice could not enure to determine the composition from the Michaelmas follow- ing, but that it was altogether inoperative. Goode v. Howells, 4 M. & W. 198. To a vicar's bill for an account of all small tithes, the defendants answered, that the right to all tithes, as well small as great, became vested in the rector and in the owners of the lands, by grants and conveyances, and that they and their tenants held the lands with the tithes, or free from all tithes whatsoever ; but that some occupiers paid annually to the vicar, in respect of their houses, certain small sums in the name of "privy tithes," which the defendants alleged were personal tithes, and not compositions for small tithes. The vicar, unable to produce an endowment, gave secondary evidence, shewing that the vicarage was endowed generally with small tithes. STATUTA GULIELMI IV. A.D. 1830-1837. 1695 the lands or produce thereof in the said parish, the commissioners or assistant Stat. 6 & 7 commissioner shall in such case estimate the amount of such modus, composition, Gul. 4, c. 71. or payment as the value of the tithes payable in respect of such lands or produce allowed for in respectively, and shall add the amount thereof to the value of the other tithes of tlie award. the parish ascertained as aforesaid, and shall also make due allowance for all exemptions from or non-liability to tithes of any lands or any part of the produce of such lands : provided also, that if it shall appear to the said commissioners or assistant commissioner that any question concerning any modus or composition real, prescriptive or customary payment, or claim of exemption from or non-liability to the payment of tithes relating to the lands in question, shall have been decided "by competent authority before the making of the said award, the commissioners or assistant commissioners shall act on the principle established by such decision, and shall make their award as if such decision had been made at the beginning of the said period of seven years. "XLV. And be it enacted, that if any suit shall be pending (1) touching the Commissioners There was no evidence that any small tithes were ever paid to or claimed by the rector, or the persons entitled to the rectory : it was held, that the defendants, after failing to shew title to the small tithes in themselves or the owners of the lands, could not be heard to say, that the small payments in the name of privy tithes were compositions ; and that privy tithes are not personal tithes, but are the same as small tithes. Clee v. Hall, 7 C. & F. 744. It was likewise held, that where there is evidence, that the vicarage was endowed with small tithes, the vicar's right to them is established against all lands within the parish as to which no particular discharge is proved ; although no small tithes have ever been paid. Ibid. Respecting the costs, it was decided, that where any of the defendants proved a par- ticular discharge of the lands in his occupa- tion, or shewed they were originally part of the glebe lands, the vicar's bill against them was dismissed with costs, but without costs as to such defendants as did not make and prove that defence in the court below. Ibid. In Shoobridge v. Ward, (4 Scott's N. R. 579,) it appeared, that the titheable lands in the parish of Tenterden consisted of three different descriptions, viz., uplands, town- lands, and marshlands, the occupiers of which insisted upon an immemorial modus or cus- tomary payment of 4c?. an acre in lieu of vi- carial tithes in respect of the uplands, of 6c?. an . acre in respect of the townlands, and of 8 c?. an acre in respect of the marshlands. An award made by an assistant tithe commis- sioner under Stat. 6 & 7 Gul. 4, c. 71, found the alleged modus as to the marshlands, but disaffirmed it as to the uplands and town- lands, there being no certain or defined boun- dary line separating the uplands from the townlands. An issue was thereupon directed, under sect. 46, wherein the question was, "whether from the time whereof, &c, there had been and was within the parish a certain known portion of the said parish consisting of lands called uplands, and whether, from time whereof, &c, there was not paid and payable by the occupiers the district modus or customary payment of 4c?. for every acre of such lands occupied by such occupiers," and a similar issue (in another cause) as to the townlands, the modus as to the marshlands not being disputed. At the trial it appeared that there was a natural boundary between the marshlands and the rest of the parish; and with respect to the uplands and town- lands, the plaintiff proved that there were lands in the parish which had been immemo- rially known as such, and had always paid the acreages of 4c?. and 6c?. respectively, and that the lands occupied by him were within the district or division known as uplands ; but he failed to establish a precise boundary line separating the townlands from the uplands; whereupon the judge told the jury, that, in the absence of proof of a defined boundary between the uplands and townlands, there was no evidence to shew that there was a cer- tain known portion of the parish consisting of lands called uplands : it was held, that this was not a proper direction. To a bill for the tithes of hay within a certain parish, it was averred by the answer, that there is within the said parish a piece of land called D., and that by a good and laud- able custom, observed within the said parish, from time whereof the memory of man is not to the contrary, the said piece of land called D. hath been, and is, and of right ought to be, enjoyed by the impropriate rector of the said parish, or other owner for the time being of the tithes of hay of certain lands within the said parish, in lieu and full satis- faction of and for the tithes of hay of such last mentioned lands : it was held, that this modus was well pleaded as a custom within the parish, and that the expression "or other owner" did not render it bad for uncertainty. Oliver {Clerk) v. Latham, 1 Y. & C. 243. (1) If any suit shall be pending : — Under Stat. 6 & 7 Gul. 4, c. 71, s. 45, the com- missioners, if they intend to determine any suit "heretofore pending," must give specific notice of their intention to that effect, the ordinary notice to commute being insufficient for that purpose. But there is no doubt as to the jurisdiction of the commissioners to determine such suits, though the jurisdiction is discretionary. Wetherell v. Weighill, 3 Ibid. 243. The tithe commissioners have no jurisdic- tion to interfere with suits for tithes which were pending in the court of Exchequer when the Stat. 6 & 7 Gul. 4, c. 71, was Girdlestone v. Stanley, Ibid. 421. 1096 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71 may hear and determine disputes ; subject to appeal by an issue at law ; right to any tithes, or if there shall he any question as to the existence of any modus or composition real, or prescriptive or customary payment, or any claim of exemption from or non-liability under any circumstances to the payment of any tithes in respect of any lands or any kind of produce, or touching the situation or boundary of any lands, or if any difference shall arise whereby the making of any such award by the commissioners or assistant commissioner shall be hindered (1), it shall be lawful for the commissioners or assistant commissioner to appoint a time and place in or near the parish for hearing and determining the same ; and the decision of the commissioners or assistant commissioner shall be final and conclu- sive on all persons, subject to the provisions hereinafter contained. c£ XL VI. Provided always, and be it enacted, that any person claiming to be interested in any lands or in the tithes thereof, who shall be dissatisfied with any such decision of the commissioners or assistant commissioner (2), may, if the yearly (1) Making of any such award .... shall be hindered: — Where a tithe commis- sioner, during the pendency of suits for the recovery of tithes, had proceeded to inquire as to the validity of a modus, under Stat. 6 & 7 Gul. 4, c. 71, s. 45, but had declined to make his award, until the tithe suits were at an end, the court refused to compel him by mandamus to make his award. In the matter of the Tithe Commissioners, 1 Dowl. P. C. N. S. 810. (2) Any person .... dissatisfied with any such decision of the commissioners or assistant commissioner : — In Barker v. Tithe Commissioners, (11 M. & W. 320,) it was held by the Exchequer chamber, affirm- ing the judgment of the court of Exchequer, that where a claim of a modus or other ex- emption from tithe is preferred before the tithe commissioners appointed under Stat. 6 & 7 Gul. 4, c. 71, who decide against the claim set up, the party is not precluded from setting up another claim to a different modus of the same lands, unless the commissioners have made their final award under the act; even though a feigned issue, delivered under the 46th section, be pending to try the va- lidity of the first modus : Lord Denman stating, " The question in this case is, whether the tithe commissioners, appointed for England and Wales under the 6 & 7 Gul. 4, c. 71, have power to hear and determine a question relative to the existence of a modus of 6s. claimed in respect of cer- tain land, having previously heard and de- cided against the existence of a modus of 6s. Sd., claimed in respect of the same land, which second claim was set up and preferred before they had made their final award, and while an action on a feigned issue, directed under the 46th section of the act to try the validity of the first-mentioned modus, was pending. The 45th section of this statute enacts, that, ' if any suit shall be pending touching the right to any tithes, or if there shall be any question as to the existence of any modus, or composition real, or prescrip- tive or customary payment, or any claim of exemption from, or non-liability under any circumstances to, the payment of any tithes in respect of any lands, or any kind of pro- duce, or touching the situation or boundary of any lands, or if any difference shall arise, whereby the making of any such award by the commissioners or assistant commissioner shall be hindered, it shall be lawful for the commissioners or assistant commissioner to appoint a time and place in or near the parish for hearing and determining the same; and the decision of the commissioners or assistant commissioner shall be final and conclusive on all persons subject to the provisions here- inafter contained.' The 46th section gives a power to all persons dissatisfied with the de- cision of the commissioners, where the yearly value of payment to be made or withholden shall exceed 20/., to try the right by a feigned issue, and the 66th section makes the final award of the commissioners binding on all persons and in all cases. The object of the legislature, when they passed this statute, was to give the commissioners power to de- termine all questions relative to moduses and other similar matters, so as to prevent all litigation after an award should once be made. Now, as at the common law, it is competent to a party to put forth different claims in succession, so under this statute, until the door of all litigation is shut by the award, the party interested ought to be al- lowed to set up any second claim he may think himself entitled to set up, after having been defeated by evidence or otherwise on the first, and it would require strong lan- guage to convince us, that he is precluded from so doing. There is nothing in the 45th or any other section of the act to lead to any other conclusion. The concluding words of the 45 th section are indeed relied on for this purpose, by which it is said that 'the deci- sion of the commissioners shall be final and conclusive;' but it is plain these words only mean the particular matters in question, — that the decision of the commissioners shall be conclusive upon them, and cannot fairly be construed to prevent other questions being raised. If a party abuses this privilege, he will suffer by being mulcted in the costs, but even if he were not, it would not be a suffi- cient ground to shake the jurisdiction of the commissioners. Then, however, it is said, that the commissioners cannot exercise this power while an action is pending to try the validity of the former modus ; perhaps (it is argued) the first modus of 6*. 8rf. will be established by the verdict of a jury, and if the commissioners in the mean time should decide in favour of the new claim of a modus of 6*., there would be a conflict of decisions. The answer to this objection, however, is, STATUTA GULIELMI IV. A.D. 1830—1837. 1G97 value of the payment to be made or withholden according to such decision shall exceed the sum of twenty pounds, cause an action to be brought in any of his majesty's courts of law at Westminster against the person in whose favour such decision shall have been made, within three calendar months (I) next after such decision shall have been notified in writing, in such manner as the commissioners or assistant commissioner shall direct, to the parties interested therein or to their known agents, in which action the plaintiff shall deliver a feigned issue whereby such disputed right may be tried (2), and shall proceed to a trial (3) at law of such Stat. 6 Gul. 4, & 7 c. 71, that the commissioners have a discretion vested in them as to the time at which they will hear claims of this nature, so that they can postpone the hearing of this particular one until the action shall be disposed of, but their jurisdiction to hear is not affected by this. On the whole, we agree in the construc- tion put on this statute by the court below, whose judgment therefore must be affirmed." In Stamford {Earl of) v. Dunbar, (12 M. & W. 414,) it was held, that under Stat. 6 & 7 Gul. 4, c. 71, s. 46, a party claiming a modus is entitled to appeal as to all claims substantially made by him before the com- missioner, and against which the commis- sioner has decided: and if, by reason of the uncertainty of the evidence, he has claimed the modus in different ways before the com- missioner, he is entitled to have issues stating it in different ways accordingly ; and that if the decision of the commissioner against the modus go beyond the claim made before him, it is void pro tanto: — Lord Abinger ob- serving, "I adhere to the judgment of this court, that the appeal from the commission- er's decision must be precisely from that which he has decided. If he has not suffi- ciently decided on the claims made before him, the party should apply for a mandamus to compel him to do so; if he have decided more, the excess goes for nothing. But the party is entitled to an issue on every claim which was bond fide made before the com- missioner, whether consistent or inconsistent with his decision. In the present case, we think this rule should be discharged, it being understood, that the issues are to be so framed, as to enable the plaintiff to raise upon them every claim which he actually made before the commissioner ; excluding any modus payable on any other day than the 1st of January, and any modus of 3s. 6d. He may include all such as he claimed in other respects, although varying with respect to the extent or description of the lands." (1) Withi* three calendar months: — Where a writ of summons was issued within three months after a notification of a deci- sion by the tithe commissioners, but was not served till some time after the expiration of that period, although within four months of the date of the writ, the court refused to set aside the writ, or the service thereof. Barker v. Birch, 4 M. & G. 779. (2) Deliver a feigned issue whereby such disputed right mag be tried: — The use of the term "appeal" in the marginal abstract of this section has, it is believed, occasioned some misconception as to the nature of the action which may be brought by parties dis- satisfied with the decision of the commis- sioners. In particular, it has been said, that the action being an appeal from the decision of the assistant commissioner, no new mat- ter, not in issue before the assistant commis- sioners, can be insisted upon on the trial of the action. It seems, therefore, necessary to state, that such an action, although it is in the nature of an appeal, differs very essen- tially from an appeal (properly so called) from an inferior court of record to a superior court, where the cause is re-heard, and the judgment or decree in the court below is re- viewed by the court above. In the case, for example, of an appeal from a decree of a court of equity to the House of Lords, the decree and other proceedings of the court below are matters of record, and are brought within the judicial cognizance of the court above, which adjudicates solely upon the points in issue in the inferior court, and permits no new matter to be introduced which was not in issue in the inferior court. But it is otherwise in the case of an action brought under the provisions of this section by a party dissatisfied with the decision of an assistant commissioner. Not to mention other reasons, the decision of an assistant commissioner, and the proceedings before him, are not matters of record, and cannot be brought under the judicial notice of a court of law; and, upon the whole, it is quite clear that the parties to the action are fully at liberty to introduce new matters, and to insist upon points which were not in issue before the assistant commissioner. Eagle on the Tithe Acts, 73. Where, on a hearing before the assistant tithe commissioner appointed to ascertain the amount of a commutation rent-charge under Stat. 6 & 7 Gul. 4, c. 71, a landowner de- nied the right of B., an alleged titheowner, to rectorial tithe of his lands, asserting, that they were tithe free ; and the assistant com- missioner decided, that B. was owner of the rectory, and, as rector, entitled to such tithe : it was held, that on a feigned issue under Stat. 6 & 7 Gul. 4, c. 71, s. 46, the landowner could not deny, that the lands were subject to the payment of tithe to B., for the purpose of raising the question of title as between B. and a third party : — Lord Denman observing, " I am of opinion, that the plaintiff cannot raise the issue in this form, and that such a mode of pro- ceeding was never intended by the act. The observation of Mr. Paget is certainly striking, that the right of the landowner may be different according to the circumstances under which the titheowner claims ; and that his right to protect himself bv the Limitation Acts, (2 cSc 3 Gul. 4, c. 100, "and 3 & 4 Gul. 4, c. 27,) may depend upon these. But it is open to the landowner to avail himself of any 5 Q 1G98 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 issue at the sittings after the term or at the assizes then next or next but one after Gul. 4, c. 71. such action shall have been commenced to be holden for the county within which such lands or the greater part thereof are situated, with liberty nevertheless for the court in which the same shall have been commenced or any judge of his majesty's courts of law at Westminster to extend the time for going to trial therein, or to direct the trial to be in another county if it shall seem fit to such court or judge so to do ; and every defendant in any such action shall enter an appearance thereto, and accept such issue ; but in case the parties shall differ as to the form of such issue, or in case the defendant shall fail to enter such appearance or accept such issue, then the same shall be settled under the direction of the court in which the action shall be brought, or by any judge of his majesty's courts of law at West- minster, and the plaintiff may proceed thereon in like manner as if the defendant had appeared and accepted such issue ; and the parties in such action shall produce to each other and their respective attorneys or counsel at such time and place as any judge may order before trial, and also to the court and jury upon the trial of any such issue, all books, deeds, papers, and writings, terriers, maps, plans, and surveys (1) relating to the matters in issue in their respective custody or power; advantage of this kind by shewing the truth of the case on trial of the issue. The only question here is, on whom the burden of proof ought to lie ; and I think it must be on the landowner. The ownership of the tithe must, in the first instance, be taken to be with him who is in a situation to claim it ; and, if the landowner disputes that right, he must shew, that the party claiming is disen- titled." Edwards v. Bunbury, 3 Q. B. 887. On a bill filed by a perpetual curate against occupiers for the tithes of hay and certain small tithes, it appeared probable from the evidence that, previous to the year 1715, the curate only received the tithes by permission of the lay impropriator ; but, it was proved, since that period he had, to a certain extent, received tithes, or a compensation for tithes, and that no tithes of any description had ever been demanded by, or paid to the impropri- ator : it was held, that the curate's title to tithes was established, but issues were di- rected to try the existence of certain moduses, set up by the defendants. Oliver {Clerk) v. Latham, 1 Y. & C. N. C. 243. An award was made by an assistant tithe commissioner under Stat. 6 & 7 Gul. 4, c. 71, with respect to certain alleged district moduses. Both the vicar and the landowners of the parish being dissatisfied with the award, the vicar brought an action against one of the landowners, and seventy-four of the landowners brought actions against the vicar, in order to try the disputed right, under issues to be directed pursuant to the 46th section of the statute : but the court refused to order the seventy-four actions brought by the landowners against the vicar, to abide the event of the action brought by him. Ward {Clerk) v. Pomfret, 1 M. & G. 559. (3) Proceed to a trial: — A feigned issue under Stat. 6 & 7 Gul. 4, c. 71, s. 46, is not within the same rules of practice as actions at law, and therefore, when the plaintiff fails to proceed promptly to trial, on such an issue, the defendant cannot obtain judgment as in case of a nonsuit; but must make the delay of the plaintiff the subject of a special application to the court. Wick v. Cotton, 3 D. & D. P. C. 227. (1) Shall produce .... all books, deeds, papers, and writings, terriers, maps, plans, and surveys: — In order to render a docu- ment admissible in evidence, it is not neces- sary that it should come from the most proper place of custody ; it is sufficient if it come from a place where it may reasonably be expected to be found. On the trial of a feigned issue, under Stat. 6 & 7 Gul. 4, c. 71, s. 46, between the vicar of M. and the owners of the lands within the township of E. K., within the parish of M., to try whe- ther there was a modus of 13*. id., payable by the lord of the manor of E. K. in lieu of all vicarial tithes, in respect of the lands within the township, the plaintiff gave in evidence a bill filed in the Equity Exchequer in 1826, by the then vicar of M., against certain occupiers of lands, for the subtrac- tion of tithes, in which the then defendants (none of whom were parties to the present issue) set up a claim of a modus of 13*. 4d., payable by the occupiers of lands within the township, and on which a decree was made to take an account of the tithes, and that the defendants should pay such sums, as should be found to be due, with costs: it was held, that this decree, although receivable, was not conclusive evidence on the trial of the above issue ; nor was it seemingly binding upon the tithe commissioner : — Mr. Baron Parke stating, "I am of opinion that this rule ought to be discharged. The first ground on which it was moved was, that the judge at nisi prius ought to have told the jury, that the decree of the Equity Exchequer in 1826 was binding on the tithe commis- sioner when about to make his award, and ought to be considered as equally binding on them. "We are not called upon to decide on the correctness of the course taken by the assistant tithe commissioner : if he has acted improperly with respect to this evidence, the plaintiff's remedy, if he have one, is by man- damus. But I am quite clear, that the learned judge did perfectly right in not giving greater weight to the decree of the court of Exche- quer, and in telling the jury that the evidence was not binding on them. The issue joined in this case, namely, whether there was a STATUTA GULIELMI IV. A.D. 1830—1837 109$ and it shall be lawful for the judge by w] shall think fit, to direct the jury to find modus of 13*. Ad. covering the whole of the township of Eye Kettleby, ought to be tried like any other issue, whether there was such a modus or not; and we cannot try the ques- tion in any other way, because it arises in consequence of the decree of the commis- sioner, than if it had been directed by the court of Chancery or this court. All that we have a right to do, is to see that that issue is tried according to the rules of law. The learned judge, as it seems to me, was per- fectly right in telling the jury that they were not bound by this decree. But I go further, and say that that decree was not binding even on the commissioner. The 44th section of the statute provides for the case where it shall appear to the commissioners or assistant commissioner that any question concerning any modus or composition real, prescriptive or customary payment, or claim of exemp- tion from, or non-liability to, the payment of tithes relating to the lands in question, shall have been decided by competent autho- rity before the making of the award, and enacts, ' that the commissioners or assistant commissioner shall act on the principle esta- blished by such decision;' but that provision must be understood as being confined to such decrees and decisions as are made by a court of competent authority to bind the same persons, as are bound by the award of the commissioners. The legislature can only have meant to give that authority to such judgments of competent courts as would be binding on the parties who were to be bound by the award of the commissioners. This clearly was not a decree of that kind, for its whole effect was to decide that there was not a modus of 13*. Ad. payable by the occupiers of land in the township to the vicar of Eye Kettleby. That was the only point which was decided by the decree; it does not decide the question on which this issue is to be tried, which is, whether a modus of 13*. Ad. is payable by the lord of the manor to the vicar of Eye Kettleby for the whole of the tithes in that township. Therefore, it seems to me that the learned judge was quite cor- rect in his ruling, and that no new trial ought to be granted on that ground." Croughton v. Blake, 12 M. & W. 205. A court of equity will compel a discovery and production of documents in aid of pro- ceedings at law to try a disputed right under the Tithe Commutation Act, notwithstanding special provisions are contained in that act for those purposes; thus, in Morris v. Nor- folk {Duke of), (9 Sim. 488,) the vice- chancellor of England observed: "I have had an opportunity, during the argument of this demurrer, of looking a good deal into the act of parliament ; and I do not find that there are any sections which relate to the matter, other than the 10th, the 45th, and 46th sections, with the exception of one sec- tion, upon which I shall, presently, make an observation. " The bill before me is, in my opinion, a mere bill of discovery; and the particular lorn any such action shall be tried, if he Stat. 6 & 7 a verdict, subject to the opinion of the Gcl. 4, c. 71. mode in which the injunction is asked, does not appear to me to vary its character at all. The form in which the injunction is asked, is certainly very unusual; but I do not think that anything turns upon that. Whether the court would grant such an injunction or not, I am not, now, to determine; but. by the frame of the bill, nothing is asked but discovery, and an interim injunction : the bill is, therefore, to be considered as a mere bill of discovery. " I apprehend that, in all respects, that which was the law before the passing of the act, remains the law after the passing of it, except so far as it can be shown, that the law has been altered by express words which have taken away a portion of the ancient law, or altered it, or that the provisions which the act has substituted are, of them- selves, necessarily inconsistent with the for- mer state of the law. I make that observa- tion, because it is very well known, that a very serious question arose after the act of parlia- ment was passed which first created the court of Review, whether that act of parliament had taken away the jurisdiction which was exer- cised by the vice-chancellor's court generally, and also by the lord chancellor. In that act, there were no express words which took away the jurisdiction of the vice-chancel- lor's court; but it was held, after very con- siderable discussion, that, although there were no express words, yet the general pro- visions of the act had the effect of taking away that particular jurisdiction: and that was the opinion which Lord Brougham gave in the case which was argued, at his request, before himself and me. "It is quite clear, on the face of this act, that there is nothing whatever, in the shape of express provision, which takes away the right of the plaintiff or defendant in the ac- tion which the act has directed to be brought in certain cases, to file a bill of discovery. But the question is whether, if there be no express words to take away that right, there is anything to be found in the general provi- sions of the act, which has that effect. Now what has the act of parliament done? It, first of all, speaks of some proceedings before the commissioners, which are no farther to be noticed here than by observing, that they have taken place, and the result has been that, under the provisions of the act, the present plaintiff in equity, (who was dissatis- fied with the decision of the commissioners,) did, within the time appointed by the act, cause an action to be brought, in one of her majesty's courts of law at Westminster, against the person in whose favour the deci- sion was made. He has brought his action; and I do not see why, when, under the pro- visions of the act of parliament, he has once become a plaintiff in one of the superior courts of law, he is disabled from filing a bill of discovery, in the court of Chancery, for the purpose of supporting his action. The act of parliament, it is true, does provide- that the action shall be tried within a limited 5 Q 2 1700 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 court upon a special case ; and the verdict Gul. 4, c. 71. or the judgment of the court upon the time, subject only to this, namely, that li- berty is given to the court in which thj action has been commenced, or to any judge of his majesty's courts of law at Westmin- ster, (which I apprehend means a judge act- ing in the absence of the court,) to extend the time for going to trial. It has been said, that the effect of that provision is, or rather may be, to prevent the bill of discovery from being useful. But the same objection also lies with respect to filing any bill of disco- very at all; because, in a case where the bill of discovery is to extract that infor- mation which a defendant personally has, it is perfectly obvious that the object of the bill may be defeated by the death of the de- fendant before he puts in his answer; and, therefore, the mere circumstance that the bill of discovery may not be useful to the plain- tiff, has not been held to be a reason why the plaintiff may not file such a bill. I admit that the time for trial might come on before an answer had been put in; and, in that case, the bill of discovery would be of no avail. But I cannot but suppose that, if this court had thought that there should be an answer to a bill of discovery, the very fact that there was a bill of discovery pending, would be a reason, either with the whole court of law or with a single judge, for post- poning the trial of the issue until the answer had been put in to the bill of discovery. Then the act goes on to direct, that the par- ties in such action, shall produce, to each other, and to their respective attornies or counsel, at such time and place as any judge may order before trial, and also to the court and jury upon the trial of any such issue, all books, deeds, papers, and writings, terriers, maps, plans, and surveys relating to the mat- ters in issue, in their respective custody or power. Now, if an order were made in the terms of the act, the benefit of it would be by no means equivalent to that which the plaintiff might derive from an answer to a bill of dis- covery. For, suppose that the defendant had, just prior to the making of the judge's order, destroyed any of the documents ; in that case, no order which the judge could make under this act, would have the effect of bringing that fact to light; because the judge could only order that the books, deeds, papers and writings in the custody or power of the defendant, should be produced. I mention that, because I observe that it is charged by the bill that the defendant has burnt or destroyed certain documents. Sup- posing that allegation to be true, it is quite plain, that no order of the judge would have the effect of obtaining, from the defendant, an admission of the fact, or, what is still more important, a knowledge of the contents of the deeds whieh had been so destroyed. u Then it was said, that this action, which the act has directed to be brought, is per- fectly under the control of the court of law: but to that I do not agree. It yeeras to me peculiarly not under the control of the court; because some things are made impe- which shall be given in any such action, case subject to which the same may be rative in the act of parliament. But, at any rate, it is not an action in the nature of an issue directed, by this court, to a court of law. It is an action which the legislature has expressly given to the party dissatisfied with the decision of the commissioners. The fact that there can be no writ of error, only goes to show, that the proceeding is not al- lowed by the act of parliament; but, never- tndess, the action is still an action in one of the superior courts of law at Westminster ; and, consequently, it is an action liable to all the incidents of an action, one of which is, that the plaintiff in the action, may file a bill of discovery in the court of Chancery. One thing has occurred to me, in looking over this act of parliament, which, in my opinion, plainly shows that the legislature did mean that all such rights and remedies should re- main, as are not taken away. By the 66th section it is enacted, that no confirmed agree- ment, award, or apportionment, shall be im- peached, after the confirmation thereof, by reason of any mistake or informality therein or in any proceeding relating thereto : so that the proposition is expressly confined to the ground of mistake or informality. But, notwithstanding that provision, a confirmed agreement, award, or apportionment, if it was obtained by fraud, might be set aside ; and I cannot but think, that the marked manner in which this section is expressed, shows that it was the intention of the legislature, that all the rights and remedies of the parties to the proceedings under this act of parliament, should remain so far as they are not ex- pressly taken away by the provisions of the act. "Upon the whole, my opinion is, (after the full discussion which I have heard,) that there is nothing so peculiar in the mode in which this action is directed to be carried on, as to authorize me to say, that the person who, under the provisions of the legislature, has exercised his liberty of bringing his action, shall be deprived of what I conceive to be accessary to bringing the action, that is, the right of filing a bill of discovery in this court in order to support that action. The consequence is, that the demurrer must be overruled." In a suit by a vicar or perpetual curate, against occupiers for tithes, the evidence of a landowner within the same parish, was held, in Oliver {Clerk) v. Latham, (1 Y. & C. N. C. 243,) not to be admissible on behalf of the defendants. Vide Stat. 6 & 7 Vict, c. 85. On the trial of an action of debt for the treble value of predial tithes, the plaintiff had proved the defendant's occupation of the land, the subtraction of the tithe, its single value, and that tithe had been previously paid in respect of land encroached from the same common. The defendant called wit- nesses to prove exemption from tithe, by reason of the barrenness of the land. It was held, that, although in the re-examination of a witness for the plaintiff, a question had been STATUTA GULIELMI IV. A.D. 1830—1837. 1701 given, shall be final and binding upon all parties thereto, unless the court wherein such action shall be brought shall set aside such verdict and order a new trial to be had therein, which it shall be lawful for the said court to do, if it shall see fit: provided also, that in case any such decision shall involve a question of law only, and the parties in difference shall be agreed upon the facts relating thereto, and whereon such decision shall have been founded, the said commissioners or assistant commissioner, at the request of the person dissatisfied, (such request to be made in writing within three calendar months after such decision, and at least fourteen days' previous notice in writing of such request to be given in like manner to the other parties in difference or to their known agents,) shall direct a case to be stated for the opinion of such one of his majesty's courts of law at Westminster as the commissioners or assistant commissioner shall think fit ; which case shall be settled by them or him or under their or his direction in case the parties differ about the same, and may be set down for argument and be brought before the court in like manner as other cases are brought before the court ; and the decision of such court upon every case so brought before it shall be binding upon all parties concerned therein : provided always, that after such verdict given and not set aside by the court, or after such decision of the court, the said commis- sioners or assistant commissioner shall be bound by such verdict or decision ; and the costs (I) of every such action, or of stating such case and obtaining a decision thereon, sliall be in the discretion of the court in or by which the same shall be decided, which may order the same to be taxed by the proper officer of the court, and the like execution may be had for the same as if such costs had been recovered upon a judgment of record of the said court. " XLVII. And be it enacted, that no proceeding of or before the commissioners or any assistant commissioner, or in any action, or in any case stated, or reference in pursuance of this act, shall abate or cease by reason of the death of any person interested therein. " XLVIII. And be it enacted, that if any person in whose favour any such decision of the commissioners or any assistant commissioner shall have been made shall die before any such action shall have been brought, or case stated, and before the expiration of the time hereinbefore limited for that purpose, it shall be lawful for every person who might have brought such action or have had such case stated, against the person so dying, to bring or have the same within the time so limited as aforesaid, nominally against such person as if living, and to serve the said com- missioners or assistant commissioner with process and notices relating thereto in the same manner as the person deceased might have been served therewith if living ; and it shall be lawful for every person entitled to the benefit of such decision as aforesaid, or, in case of any such person being a minor, idiot, lunatic, feme covert, beyond the seas, or under any other legal disability, the guardian, trustee, committee of the estate, husband, or attorney respectively, or in default thereof, such person as may be nominated for that purpose by the commissioners, and whom they are hereby empowered to nominate under their hands and seal, to appear and defend such action or argue such case ; and proceedings shall be had therein in the same manner, and the rights of all persons shall be equally bound and concluded by the event of such action or the decision upon such case, as if such person had been living ; and the costs of every such action or case shall be in the discretion of the court as aforesaid. Stat. 6 & 7 Gul. 4, c. 71 or by taking the opinion of a court of law thereon. Proceedings not to abate by death of parties. In case of deaths of parties before actions brought, &c. the same to be carried on and defended in their names. asked as to the fertility of the land, the plain- tiff was entitled to adduce evidence in reply to disprove the defence. Greswolde v. Kemp, 1 C. & Marsh. 635. (1) Costs: — Where a tithe commissioner had decided a question of modus against a vicar, and the latter delivered a feigned issue to try that question, which the jury found for the defendants, the court awarded them the costs, under Stat. 6 & 7 Gul. 4, c. 76", s. 46, the rule being, that when an issue is tried, the unsuccessful party must pay the costs of the issue. Crouyhton v. Blake, 1 2 M. & W. 205. A defendant is entitled to judgment as in case of a nonsuit, where more than two assizes have elapsed since issue joined on a feigned issue under Stat. 6 & 7 Gul. 4, c. 71, s. 46, and in such case, the court will make an order for costs. Sandys (Clerk) v. Beverley (Mayor, Aldermen, 8c Ihirqesses of), 1 D. & L. P. C. 641 12M.&W.568. J 702 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. Statutes of Limitation not to be affected. Commissioners to award total sum to be paid for the tithes of the parish. Commissioners may hear and determine objections to the award. Award to be confirmed by the commis- Commissioners to summon a parochial meeting to ap- point valuers. " XLIX. (1) Provided always, and be it enacted, that nothing in this act con- tained shall revive any right to tithes which now is or hereafter shall be barred by any law in force for shortening the time required in claims of modus decimandi or exemption from or discharge from tithes, or for the limitation of actions and suits relating to real property. " L. (2) And be it enacted, that as soon as all such suits and differences shall have been decided, or if there shall have been no suits or differences then as soon as the commissioners or assistant commissioner shall have ascertained and estimated as aforesaid the total value of all the tithes of the said parish, the commissioners or assistant commissioner shall frame the draft of an award, declar- ing that the sum ascertained as aforesaid shall be the amount of the rent-charge to be paid in respect of the tithes of the said parish, and every such draft shall contain all the particulars hereinbefore required to be inserted in any parochial agreement or any schedule thereto; provided always, that no such award shall be made for giving land instead of the tithes of the parish. " LI. And be it enacted, that as soon as the said draft shall have been made by the commissioners or assistant commissioner, they or he shall deposit a copy of the same and of any special report thereunto annexed at some convenient place within the said parish for the inspection of all persons interested in the said lands or tithes, and shall forthwith give notice in such manner as to the com- missioners shall seem fit where the said copy may be inspected, and shall also in such notice appoint some convenient place and time, (the first not earlier than twenty-one days from the first giving of such notice,) for holding a meet- ing to hear objections to such intended award by any person interested therein ; and the said commissioners or assistant commissioner at such meeting as afore- said shall hear and determine any objections which may be then and there made to the said intended award, or adjourn the further hearing thereof, if they or he shall think proper, to a future meeting (3), and may, if they or he shall see occasion, direct any further valuation of the lands or tithes or any of them, and from time to time fix further meetings for the hearing and determining of objections, of which further meetings, when not holden by adjournment, notice shall be given in manner hereinbefore directed with regard to the original meet- ing ; and when the said commissioners or assistant commissioner shall have heard and determined all such objections they or he shall amend the draft of such award accordingly, if they or he shall see occasion. " LII. And be it enacted, that as soon as the commissioners or assistant com- missioner shall have made such amendments in the draft of the award as to them or him shall seem necessary, they or he shall cause the same to be fairly written, and shall sign and send it to the office of the commissioners, and the commis- sioners shall satisfy themselves that all the proceedings incident to the making of such award have been duly performed, and if they shall think that the award ought to be confirmed shall confirm the same under their hands and seal, and shall add to the award the date of such confirmation, and shall publish the fact of such confirmation and the date thereof in the parish in such manner as to them shall seem fit ; and every such confirmed award shall be binding (4) on all persons interested in the said lands or tithes. " LI 1 1. And be it enacted, that as soon as the commissioners shall have con- firmed any such award, the commissioners or some assistant commissioner shall call a parochial meeting of the owners of land subject to tithes in the said parish, for the purpose of choosing valuers to apportion the amount so awarded among the lands of the parish, and shall give notice thereof in writing under their or his hand, to be fixed at least twenty-one days before such meeting on the prin- cipal outer door of the church, or in some public and conspicuous place within the parish ; and valuers or a single valuer may be chosen at such meeting by the land- (1) Vide Stat. 2 & 3 Gul. 4, c 100 (ante 1502). (2) Vide Stat 2 ik 3 Vict. c. 62, s. 24. (3) Future meeting .— Vide Stat. 6 & 7 Gul. 4, c. 71, s. 65; and Stat. 2 & 3 Vict. c. 62, s. 25. (4) Shall be binding :— Vide Stat. 2 & 3 Vict. c. 62, s. 8. STATUTA GULTELMI IV. A.D. 1830-1837. 1703 owners then present in like manner, and the valuers so chosen shall act with the same powers and be subject to the same provisions as if the rent-charge so awarded had been agreed to at a parochial meeting of the landowners and titheowners of the parish, and the valuers had been thereupon chosen as aforesaid {I). " LIV. (2) And be it enacted, that if upon the expiration of six calendar months after the day of the date of the confirmation of any agreement or award no valuer or valuers shall have been appointed, or the apportionment of such valuers or valuer shall not have been made and sent to the office of the commissioners as hereinafter provided, it shall be lawful for the commissioners or some assistant commissioner to apportion the rent-charge previously agreed or awarded to be paid among the lands of the said parish, having regard to the average titheable produce and pro- ductive quality of the said lands, according to the discretion and judgment of the commissioners or assistant commissioner, but subject to the provisions hereinafter contained, and so that the several lands may have the full benefit in each case of every modus, composition real, prescriptive and customary payment, and of every exemption from or non-liability to tithes relating to the said lands respectively, and having regard to the several tithes to which the said lands are severally liable. " LV. (3) And be it enacted, that a draught of every apportionment shall be made, and shall set forth the agreement or awrard, as the case may be, upon which such apportionment is founded, and every schedule thereunto annexed ; and the said draught, or some schedule thereunto annexed, whether made by or under the direction of the valuers or commissioners or assistant commissioners, shall state the name or description and the true or estimated quantity in statute measure of the several lands to be comprised in the apportionment, and shall set forth the names and description of the several proprietors and occupiers thereof, and whether the said several lands are then cultivated as arable, meadow, or pasture land, or as wood land, common land, or howsoever otherwise, and shall refer, by a number set against the description of such lands, to a map or plan to be drawn on paper or parchment, and the same number shall be marked on the representation of such lands in the said map or plan ; and the draught of the apportionment shall also state the amount charged upon the said several lands, and to whom and in what right the same shall be respectively payable. " LVI. And be it enacted, that immediately after the passing of this act, and also in the month of January in every year, the comptroller of corn returns for the time being, or such other person as may from time to time be in that behalf autho- rized by the privy council, shall cause an advertisement to be inserted in the Lon- don Gazette, stating what has been, during seven years ending on the Thursday next before Christmas Day then next preceding, the average price of an imperial bushel of British wheat, barley, and oats, computed from the weekly averages of the corn returns. "LVII.(4) And be it enacted, that every rent-charge charged upon any lands by any such intended apportionment shall be deemed at the time of the confirma- tion of such apportionment, as hereinafter provided, to be of the value of such number of imperial bushels and decimal parts of an imperial bushel of wheat, barley, and oats, as the same would have purchased at the prices so ascertained by the advertisement to be published immediately after the passing of this act, in case one third part of such rent-charge had been invested in the purchase of wheat, one third part thereof in the purchase of barley, and the remaining third part thereof in the purchase of oats, and the respective quantities of wheat, barley, and oats so ascertained shall be stated in the draught of every apportionment. " LVIII. (5) And be it enacted, that it shall be lawful for the valuers or com- missioners or any assistant commissioner, upon the request of any landowner, at any time before the confirmation of the apportionment, to apportion the whole rent- Stat. 6 & 7 Gul. 4, c. 71. If valuation not completed in six months, commissioners to apportion. Form of ap- portionment, Comptroller of corn returns to publish average price of corn. Rent-charges to be valued according to the average price of corn. Rent-charge may be spe- cially appor- tioned. (1) Aforesaid:— Vide Stat. 6 & 7 Gul. 4, c 71, ss. 32-35. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 60. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 72; Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 5 ; and Stat. 3 & 4 Vict. c. 15, s. 21. (4) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, ss. 4 & 7. (5) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s.9. 1704 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. Commissioners may employ surveyors. Commissioners to have the power of va- luers.asto entry in lands, &c. Apportion- ment to be signed by the person making it, and sent with the plan to the com- missioners. Commissioners may hear and determine ob- jections to ap- portionment. charge intended to be charged upon any lands of such landowner held under the same title and- for the same estate, in the same parish, specially upon the several closes or portions of such lands or according to an acreable rate or acreable rates upon lands of different quality, in such manner and in such proportion, and to the exclusion of such of them, as the landowner, with the consent of the person enti- tled to such rent-charge, may direct, and the particulars of every such special apportionment shall be included in the draught of the apportionment, and taken to be a part thereof ; provided always, that the extra expenses of every such special apportionment shall be borne by the party at whose instance the same shall have been made, and shall be recoverable as other costs of the apportionment are reco- verable, and that no close of land shall be charged with any rent-charge or share of rent-charge on account of the tithes of any other lands, unless the value of such lands shall be at least three times the value of the whole rent-charge upon such lands. " LIX. (1 ) And be it enacted, that for the purpose of making any such appor- tionment, as well as for the purpose of making any award as hereinbefore provided, the commissioners and assistant commissioners may employ such land-surveyors and tithe-valuers as to them shall seem fit, and may order them to be paid for valuing, surveying, mapping, and planning after any rate not exceeding two guineas to every such person for every day that he shall have been so employed, and may assess the same as part of the expenses of making their award or apportionment respectively ; and the said commissioners and assistant commissioners, and the land- surveyors and tithe-valuers employed by them respectively, shall have all the powers and be subject to all the provisions hereinbefore enacted concerning the valuers appointed at a parochial meeting, except that they shall not be bound to adopt any principles of apportionment agreed to at any parochial meeting ; pro- vided always, that it shall be lawful for such commissioners and assistant commis- sioners to make any agreement with any such land-surveyors or tithe- valuers for the payment to the same of one sum for the whole duty or any part thereof to be performed by them respectively. " LX. (2) And be it enacted, that the draught of every apportionment, whether made by or under the direction of the commissioners or any assistant commis- sioner, or by any valuer or valuers appointed as hereinbefore is provided, shall be signed by the person by or under whose direction it shall have been made, and shall be sent, together with the map or plan therein referred to, by the person by whom it is signed, to the office of the commissioners, or otherwise to some assistant commissioner, as the commissioners may direct, with such proof as the commis- sioners may require that every proceeding incident to the making of such draught of apportionment has been duly performed. " LXI. And be it enacted, that as soon as the draught of any such apportion- ment, verified as aforesaid, shall have been sent to the commissioners, they shall cause a copy of the same to be deposited at some convenient place within the said parish for the inspection of all persons interested in the said lands or tithes, and shall forthwith cause notice to be given, in such manner as to them shall seem fit, where the said copy may be inspected, and shall also in such notice appoint some convenient place and such times as they shall think necessary, (the first not earlier than twenty-one days from the first giving of such notice,) for holding a meeting to hear objections to the intended apportionment by any person interested therein, and the said commissioners or some assistant commissioner at such meeting as afore- said shall hear and determine any objections which may be then and there made to the said intended apportionment, or adjourn the further hearing thereof, if they or he shall think proper, to a future meeting, and may, if they or he shall see occasion, direct any further valuation of the lands or any of them, and from time to time fix further meetings for the hearing and determining of objections, of which further meetings, when not holden by adjournment, notice shall be given in man- (1) Vide Stat. 7 Gul. 4 be 1 Vict. c. 69, (2) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 31, b. 3. 53, 54, & 59. STATUTA GULIELMI IV. A.D. 1830—1837. 1705 ner hereinbefore directed with regard to the original meeting ; and when the said commissioners or assistant commissioner shall have heard and determined all such objections, they and he are and is hereby required to cause such apportionment to be amended accordingly if they or he shall see occasion. "LXII. (1) And be it enacted, that it shall be lawful for the owner of any lands chargeable with any such rent-charge to agree, at any time before the confirmation of any such instrument of apportionment, with any ecclesiastical person being the owner of the tithes thereof in right of any spiritual benefice or dignity, for giving land instead of the rent-charge charged or about to be charged upon his lands ; and every such agreement shall be made under the hands and seals of the land- owner and titheowner, and shall contain all the particulars hereinbefore required to be inserted in a parochial agreement for giving land instead of tithes or rent- charge ; provided always, that no such titheowner shall be enabled to take or hold more than twenty imperial acres of land in the whole by virtue of any such agree- ment or agreements made in the same parish ; and the same consent and confirma- tion relatively to the lands and tithes comprised in the said agreement shall be necessary to any such agreement as in the case of a parochial agreement for giving land instead of tithes ; and all the provisions hereinbefore contained concerning a parochial agreement for giving land shall be applicable to every such agreement as hereinbefore last mentioned, so far as concerns the lands and tithes comprised in the said agreement ; provided also, that any amendment which shall be made in the draught of apportionment before confirmation thereof, and subsequent to any such agreement for giving land instead of rent-charge, whereby the charge upon the lands referred to in such agreement shall be altered, shall be taken to annul the execution of such agreement for giving land, and any consent which may have been necessary thereunto. "LXIII.(2) And be it enacted, that after such proceedings as aforesaid shall have been had, and all such objections, if any, shall have been finally disposed of, the commissioners or assistant commissioner shall cause the instrument of appor- tionment to be engrossed on parchment, and shall annex the map or plan thereunto belonging to the engrossed instrument of apportionment, and shall sign the instru- ment of apportionment and the map or plan, and shall send both to the office of the commissioners, and if the commissioners shall approve the apportionment they shall confirm the instrument of apportionment under their hands and seal, and shall add thereunto the date of such confirmation. " LXIV. (3) And be it enacted, that two copies of every confirmed instrument of apportionment, and of every confirmed agreement for giving land instead of any tithes or rent-charge, shall be made and sealed with the seal of the said commis- sioners, and one such copy shall be deposited in the registry of the diocese within which the parish is situated, to be there kept among the records of the said regis- try, and the other copy shall be deposited with the incumbent and church or chapel wardens of the parish for the time being, or such other fit persons as the commissioners shall approve, to be kept by them and their successors in office with the public books, writings, and papers of the parish, and all persons interested therein may have access to and be furnished with copies of or extracts from any such copy on giving reasonable notice to the person having custody of the same, and on payment of two shillings and sixpence for such inspection, and after the rate of three-pence for every seventy-two words contained in such copy or extract ; and every recital or statement in or map or plan annexed to such confirmed appor- tionment or agreement for giving land, or any sealed copy thereof, shall be deemed satisfactory evidence of the matters therein recited or stated, or of the accuracy of such plan. "LXV.(4) And be it enacted, that the commissioners, if they shall see fit, Stat. 6 & 7 Gul. 4, c. 71. Owners of lands charge- able with rent- charge may give land instead thereof. Confirmation by the com- missioners. Transcripts of the award to be sent to the registrar of the diocese, and to the incumbent and church- wardens. Commissioners (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 20-30; Stat. 2 & 3 Vict. c. 62, s. ID; and Stat. 3 & 4 Vict. c. 15, s. 17. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 65; Stat. 7 Gul. 4 & 1 Vict. c. 6'(J ; and Stat. 2 & 3 Vict. c. 62. (3) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 1. (4) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 27, 52, & 63. 1706 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. may require notice of agreements or awards to be given to rever- sioner. Agreements, &c. not to be questioned after confirma- tion. Lands to be discharged from tithes, and rent- charge paid in lieu thereof. Payment of rent -charge on reclaimed lands to be postponed until tithes would have been due. Lands to be free from tithes when lands are given in lieu thereof. Rent-charge to be liable to parochial and county rates. How rates and before confirming any agreement, award, or apportionment, may require notice thereof to be given in such manner as they shall direct to the person next in remainder, reversion, or expectancy of an estate of inheritance in any lands or tithes, or any other person to whom they may think notice ought to be given, and may by themselves or by some assistant commissioner hear and determine any objection made to such confirmation by any person interested therein, and may direct any award or apportionment to be amended accordingly. " LXVI. (1) And be it enacted, that no confirmed agreement, award, or appor- tionment shall be impeached after the confirmation thereof by reason of any mistake or informality therein or in any proceeding relating thereunto. " LXVII.(2) And be it enacted, that from the first day of January next follow- ing the confirmation of every such apportionment the lands of the said parish shall be absolutely discharged from the payment of all tithes, except so far as relates to the liability of any tenant at rack-rent dissenting as hereinafter provided, and instead thereof there shall be payable thenceforth to the person in that behalf mentioned in the said apportionment a sum of money equal in value, according to the prices ascertained by the then next preceding advertisement, to the quantity of wheat, barley, and oats respectively mentioned therein to be payable instead of the said tithes, in the nature of a rent-charge issuing out of the lands charged there- with ; and such yearly sum shall be payable by two equal half-yearly payments on the first day of July and the first day of January in every year, the first pay- ment, except in the case of barren reclaimed lands, as hereinafter provided, being on the first day of July next after the lands shall have been discharged from tithes as aforesaid, and such rent-charge may be recovered at the suit of the person enti- tled thereto, his executors or administrators, by distress and entry as hereinafter mentioned; and after every first day of January the sum of money thenceforth payable in respect of such rent-charge shall vary so as always to consist of the price of the same number of bushels and decimal parts of a bushel of wheat, barley, and oats respectively, according to the prices ascertained by the then next preced- ing advertisement, and any person entitled from time to time to any such varied rent-charge shall have the same powers for enforcing payment thereof as are herein contained concerning the original rent-charge : provided always, that nothing herein contained shall be taken to render any person whomsoever personally liable to the payment of any such rent-charge : provided always, that the rent-charge which shall be apportioned upon any lands in the said parish which during any part of the said period of seven years preceding Christmas, one thousand eight hun- dred and thirty-five, were exempted from tithes by reason of having been inclosed under any act of parliament, or converted from barren heath or waste ground, shall be payable for the first time on the first day of July or first day of January next following the confirmation of the apportionment which shall be nearest to the time at which tithes were or would have become payable for the first time in respect of the said lands if no commutation thereof had taken place. "LXVIII.(3) And be it enacted, that from the first day of January next following the confirmation of every parochial or other agreement for giving land instead of any tithes or rent-charge, the lands of the parish in which any such agreement shall be made shall be absolutely disharged from the payment of the tithes or rent-charge for which it shall have been agreed that such land shall be given. " LXIX. And be it enacted, that every rent-charge payable as aforesaid instead of tithes shall be subject to all parliamentary, parochial, and county and other rates, charges, and assessments, in like manner as the tithes commuted for such rent- charge have heretofore been subject. " LXX.(4) And be it enacted, that all rates and charges to which any such rent- (1) Vide Stat. 2 & 3 Vict. c. 62, s. 8. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 56, 74, 81-85: Stat. 7 Gul. 4 & 1 Vict. c. 69, ss. 10 & 11; Stat. 2 & 3 Vict. c. 62, s. 10; and Stat. 3 & 4 Vict. C. 15, s. 13. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 2rJ & 62. (4) Vide Stat. 7 Gul. 4 & 1 Vict. c. 6/j>crsedeas to issue to the said writ of habere facias possessionem, and also by rule or order of such court or judge from time to time to give such summary relief to the parties as to the said court or judge shall seem fit. " LXXXIV. Provided always, and be it enacted, that in all cases in which it shall be necessary to make any distress under this act in respect of any lands in the possession of any person of the persuasion of the people called Quakers, the same may be made upon the goods, chattels, or effects of such person, whether on the premises or elsewhere, but nevertheless to the same amount only and with the same consequences in all respects as if made on the premises ; and that in all cases of distress under this act upon persons of that persuasion the goods, chattels, or effects which may be distrained shall be sold without its being necessary to impound or keep the same : provided always, that no writ under the provision hereinbefore contained shall be issued for assessing or recovering any rent-charge payable under this act in respect of any lands in the possession of any person of the persuasion aforesaid, unless the same shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, without the person entitled thereto being able to find goods, chattels, or effects either on the premises or elsewhere liable to be distrained as aforesaid sufficient to satisfy the arrears to which such lands are liable, together with the reasonable costs of such distress. "LXXXV. And be it enacted, that whenever any rent-charge payable under the provisions of this act shall be in arrear, notwithstanding any apportionment which may have been made of any such rent-charge, every part of the land situate in the parish in which such rent-charge shall so be in arrear, and which shall be occupied by the same person who shall be the occupier of the lands on which such rent-charge so in arrear shall have been charged, whether such land shall be occu- pied by the person occupying the same as the owner thereof, or as tenant thereof, holding under the same landlord under whom he occupies the land on which such rent-charge so in arrear shall have been charged, shall be liable to be distrained Stat. 6 & 7 Gul. 4, c. 71. no sufficient distress on the premises, writ to be issued directing sheriff to sum- mon jury to assess arrears. Account, how to be rendered. For recovery of rent-charges from quakers. Powers of dis- tress and entry to extend to all lands within the parish oc- cupied by the owner or under the same land- lord or holding. which case the grantee gains such an interest in the soil, as will enable him to maintain an ejectment when the right has accrued." Eagle on the Tithe Acts, 118, 119. Rex v. Stockley Pomroy, Burr. S. C. 762. Vide Rex v. Belford (Inhabitants of), 10 B. & C. 54. Vide etiam Lumley on Annuities, 22. In the case of rent-charges created bj the act, it will be seen, that the action of eject- ment is dispensed with, and a summary pro- ceeding substituted. 1712 STATUTA GULTELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. T. Powers of 4 & 5 Gul. 4, to extend to rent- charges under this act. Provision for the sale of buildings, and the sites there- of, rendered useless or un- necessary, by the commuta- tion of tithes. Leases of tithes may be surren- dered. Tithes due before com- mutation not to be affected. Act not to ex- tend to Easter upon or entered upon as aforesaid for the purpose of satisfying any arrears of such rent-charge, whether chargeable on the lands on which such distress is taken or such entry made, or upon any other part of the lands so occupied or holden : provided always, that no land shall be liable to be distrained or entered upon for the purpose of satisfying any such rent-charge charged upon lands which shall have been washed away by the sea, or otherwise destroyed by any natural casualty. "LXXXVL(l) And be it enacted, that the several provisions of an act passed in the fourth and fifth years of his present majesty, intituled, ( An Act to amend an Act of the eleventh year of King George the Second, respecting the Apportion- ment of Rents, Annuities, and other Periodical Payments,' shall extend to all rent-charges payable under this act. " LXXXVII. And be it enacted, that if any barns or buildings belonging to any titheowner having a limited estate or interest therein, which shall have been generally used for the housing of tithes paid in kind, shall be rendered in the whole or in part useless by reason of any commutation of tithes under this act, it shall be lawful for every such titheowner, (with the consent, nevertheless, of the commis- sioners, and subject to such directions as they may give, to be signified under their hands and seal,) to pull down any such barns or buildings or any part thereof, and to sell and dispose of the materials, or to sell and dispose of all or any of such barns or buildings, and the site thereof, and either with or without any farm buildings or homesteads thereunto belonging, in such manner as the commissioners may direct ; and upon payment of the consideration money it shall be lawful for every such titheowner (with such consent as aforesaid) to convey and deliver the pre- mises sold as aforesaid to the purchaser thereof, or to such uses and in such manner as such purchaser shall direct ; and the consideration money in each case shall be paid to such titheowner, and his receipt shall be a good discharge to the purchaser; and such titheowner shall lay out and invest the consideration money in such manner and for such trusts as the commissioners shall direct for the benefit of the persons entitled to the said rent-charge. " LXXXVIII. (2) And be it enacted, that it shall be lawful for the lessee being in occupation of any tithes commuted under this act, by an instrument in writing under his hand and seal, to be made in such form as the commissioners shall direct, and confirmed under their seal, to surrender and make void the lease by which the said tithes are held or enjoyed by such lessee at the time of the commutation, so far as the same may relate to the said tithes ; and it shall be lawful for the com- missioners, by the same instrument, to direct what compensation (if any) shall be given by the immediate lessor of any lessee at rack-rent so surrendering any lease of any such tithes to such lessee, and what allowance (if any) shall be made by any lessee to his immediate lessor of any such surrendered lease, in consideration of the non-fulfilment of any conditions contained in such lease, and what deduction (if any) shall be made from the rent thenceforth payable by any lessee to his immediate lessor in respect of other hereditaments which may have been included with the said tithes in any such lease : provided always, that any intermediate lessor to whom any such lease shall have been surrendered shall as regards his immediate lessor be taken to be the lessee in occupation of the tithes included in the said lease. " LXXXIX. And be it enacted, that nothing in this act contained shall affect any right to any tithes which shall have become due before the commutation. " XC. (3) And be it enacted, that nothing in this act contained, unless by special provision to be inserted in some parochial agreement and specially approved by the (}) Vide Stat. 4 & 5 Gul. 4, c. 22. (2) Vide Stat. 2 & 3 Vict. c. 62, s. 15. (3) Vide Stat. 6 & 7 Gul. 4, c. 115, s. 30; and Stat. 2 & 3 Vict. c. 62, s. 9. The cases excepted by this clause are: 1. Easter offerings, mortuaries, and surplice fees ; but which have never been considered as tithes. Respecting Easter offerings, they are due of common right at the rate of 2d. per head, but by custom more may be pay- able. Laurence v. Jones, Bunb. 173. Eger- ton (Clerk) v. SHU, Ibid. 198. Car (hew v. Edwards, Ambl. 72. 2. All personal tithes, except the tithes of mills. 3. Mineral tithes, but which are only due by special custom. 1 Eagle's Treatise on Tithes, 423. STATUTA GULIELMI IV. A.D. 1830-1887. 1713 commissioners, in which case the same shall be valid, shall extend to any Easter offerings, mortuaries, or surplice fees, or to the tithes of fish or of fishing, or to any- personal tithes other than the tithes of mills {I), or any mineral tithes (2), or to any payment instead of tithes arising or growing due within the city of London, or to any permanent rent-charge or other rent or payment in lieu of tithes, calculated according to any rate or proportion in the pound on the rent or value (3) of any houses or lands in any city or town under any custom or private act of parlia- ment, or to any lands or tenements the tithes whereof shall have been already perpetually commuted or extinguished under any act of parliament heretofore made. " XCI. (4) And be it enacted, that no advertisement inserted by direction of Stat. 6 & 7 Gul. 4, c. 71. offerings, &c. or to payments instead of tithes in Lon- don, or to per- manent rent- charges by- custom or act of parliament. Advertise- 4. Tithes arising within the city of London. 5. Payments in lieu of tithes according to the rent or value of houses or lands in cities and towns; these payments are due only by custom or act of parliament. Ibid. 421. 6. Lands, the tithes of which have been per- petually commuted by private acts of parlia- ment. Vide ante 314-324. (1) Tithes of mills: — " Tithes which are merely personal are necessarily excepted from the operation of the act, because there is nothing to which a permanent rent can be attached; but in regard to mills, they are predial as well as personal; predial in point of locality, and personal in the mode of paying the tithes, which, it is to be ob- served, are due only of the clear profits of the miller, after a deduction of all necessary ex- penses, such as rent, servants' wages, repairs, &c. For the law relating to tithes of mills, vide 1 Eagle's Treatise on Tithes, 377. Tithes of mills are, in general, a very pre- carious profit, for besides the deduction of the expenses of the miller, such tithes are due only of the profits of the grinding of the corn of other persons, which is ground by the miller for hire, and not in respect of the corn which he may grind for the pur- poses of trade; and therefore a miller, who carries on the trade or business of a meal- man or baker, is not bound to pay any tithes for the grinding of corn or grain into meal or flour for the purpose of such trade or business." Eagle on the Tithe Acts, 127. " The fixing of a permanent rent-charge upon mills is liable to this objection, that if the mill should fall or be pulled down, with- out being rebuilt, the land will still be liable to a rent-charge far exceeding its annual value, and will, consequently, be wholly un- able to bear the burden imposed in respect of the tithes of the mill. The same principle upon which hop grounds and market gar- dens are to pay a diminished rent-charge when the land is converted to other uses, ought a fortiori to have been applied to mills. 44 Moduses for mills being, it is believed, very common, it may not be improper to remark, that, in such cases, the whole pro- cess of commutation will, in effect, consist in styling the modus a rent-charge, and transferring it, at the expense of the owner of the mill, from the person of the miller to the mill itself, or, more properly, to the land upon which it stands ; for if there should hereafter be no mill upon the land the land will necessarily be subjected to the burden of the rent-charge: whereas, under the an- cient law, the payment of the modus would have ceased when the mill, which was the subject of the modus, no longer existed. " It remains to be mentioned, that when the bill was first brought into the House of Commons, this clause contained a provi- sion, that the act should not extend ' to any mixed tithes not arising upon land.' This was intended to obviate an objection very similar to that which has just been al- luded to in regard to mills, namely, that where mixed tithes, as milk and calves, have been produced by cows kept wholly in cow- houses, and have not, in fact, been produced upon the land, and were an accidental and temporary profit, it would be unjust to fix a permanent rent-charge upon the buildings, or the lands on which they stand; but the provision was, it is believed, abandoned, in consequence of its having been discovered that it would be nugatory, because, in con- templation of law, there are no mixed tithes, except, perhaps, tithes of fish, which can be considered as 'mixed tithes not arising upon land.' " Ibid. (2) Any mineral tithes:— -By Stat. 2 & 3 Vict. c. 62, s. 9, parties who are competent to make a parochial agreement are empow- ered, at any time before the confirmation of any apportionment after a compulsory award, to " enter into a parochial agreement for the commutation of Easter offerings, mortuaries, or surplice fees, or tithes of fish, or fishing, or mineral tithes." (3) Rent or value: — " Besides the custom- ary payments which are here mentioned, there are other payments for houses, which consist of prescriptive payments of fixed sums of money for particular houses, and which are within the operation of the act, although, in such cases, the owner of the house cannot possibly derive any benefit from having such payments made a perpetual charge upon the house: not to mention the expense of the process. There seems to be no reason for interfering with these money payments, which being fixed and certain, are not properly the subject of commutation, and at the same time excepting payments which fluc- tuate with the rent or value of the houses, and are, therefore, clearly within the prin- ciple of the act." Eagle on the Tithe Acts, 129. (4) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 12; and Stat. 1 & 2 Vict. c. 64, s. 2. 5 R 1714 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 71. merits, con- tracts, and awards, not to be liable to stamp duty. Correspon- dence of com- missioners relating to this act to be free of postage. False evidence to be deemed perjury; with- holding evi- dence a mis- demeanor. Limitation of actions against commissioners, assistant com- missioners, justices, &c. the commissioners or any assistant commissioner, or by any titheowner or land- owner, in the London Gazette, or in any newspaper, for the purpose of carrying into effect any provision of this act, and no agreement, award, or power of attor- ney, made or confirmed or used under this act, shall be chargeable with any stamp duty. " XCII. And be it enacted, that the said commissioners may receive and send by the general post from and to places in England and Wales all letters and packets relating exclusively to the execution of this act free from the duty of postage, pro- vided that such letters and packets as shall be sent to the said commissioners be directed to the ' Tithe Commissioners for England and Wales,' at their office in London, and that all such letters and packets as shall be sent by the said commis- sioners shall he in covers, with the words i Tithe Commissioners for England and Wales ' printed on the same, and be signed on the outside thereof under such words with the name of such person in his own hand writing as the said commis- sioners, with the consent of the lords commissioners of the treasury or any three or more of them, shall appoint, (such name to be from time to time sent to the secretary of the general post-office in London,) and be sealed with the seal of the said commissioners, and under such other regulations as the said lords commis- sioners or any three or more of them shall think fit ; and if the person so to be appointed shall subscribe or seal any letter or packet whatever, except such, only concerning which, he shall receive the special direction of his superior officer, or which he shall himself know to relate exclusively to the execution of this act, or if the person so to be appointed, or any other person, shall send or cause to be sent under any such cover any letter, paper, or writing, or any inclosure, other than shall relate exclusively to the execution of this act, every person so offending shall for- feit and pay the sum of one hundred pounds and be dismissed from his office, one moiety of such penalty shall be paid to the use of his majesty, his heirs and suc- cessors, and the other moiety to the use of the person who shall inform or sue for the same ; and every such penalty may be sued for and recovered in any of his majesty's courts of Record in Westminster. " XCIII. And be it enacted, that if any person under the provisions of this act shall wilfully give false evidence he shall be deemed guilty of perjury; and if any person shall make or subscribe a false affidavit or declaration for the pur- poses of this act he shall suffer the penalties of perjury ; and if any person shall wilfully refuse to attend in obedience to any lawful summons of any commissioner or assistant commissioner, or to give evidence, or shall wilfully alter, withhold, destroy, or refuse to produce any book, deed, contract, agreement, account, or writing, terrier, map, plan, or survey, or any copy of the same, which may be lawfully required to be produced before the said commissioners or assistant com- missioner, he shall be deemed guilty of a misdemeanor. " XCIV. And be it enacted, that no action or suit shall be commenced against any commissioner, assistant commissioner, justice of the peace, valuer, umpire, or surveyor, for any thing done under the authority of this act, until twenty-one days' notice thereof shall have been given in writing to the party against whom such action or suit is intended to be brought, or after sufficient satisfaction or tender ofamends(l) shall have been made to any party aggrieved, or after three calendar months shall have expired from the commission of the act for which such action or suit shall be so brought ; and every such action shall be brought, laid, and tried in the county or place where the cause of action shall have arisen, and not in any other county or place ; and if it shall appear that such notice of action or suit was brought before twenty-one days' notice thereof given as aforesaid, or that sufficient amends were made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before limited in that behalf, or such action shall be laid in any county or place other than as aforesaid, then the jury shall find a verdict for the defendant therein, or the court, upon summary application by motion in any such (1) Tender of amends . — Vide Stat. 3 & 4 Gul. 4, c. 42, s. 21. Stephens on Nisi Prius, tit. Ticnder, 2599-2611. STATUTA GULIELMI IV. A.D. 1830—1837. 1715 suit, may dismiss the same against such defendant ; and if a verdict shall be found for such defendant, or such suit shall be dismissed upon application as aforesaid, or if the plaintiff in such action or suit shall become nonsuit, or suffer a discontinu- ance of such action, or if upon any demurrer in such action or suit judgment shall be given for the defendant therein, then such defendant shall have costs, charges, and expenses as between attorney and client. " XCV.(l) And be it enacted, that no order, adjudication, or proceeding made or had by or before the commissioners or any assistant commissioner under the authority of this act (2), or any proceeding to be had touching any offender against this act, shall be quashed for want of form, or be removed or removable by certio- rari, or any other writ or process, into any of his majesty's courts of Record at Westminster or elsewhere. " XCVI. And be it enacted, that this act shaxl extend only to England and Wales. " XCVII. And be it further enacted, that this act may be amended, altered, or repealed by any act or acts to be passed in this present session of parlia- ment." Stat. 6 & 7 Gul. 4, c. 71. Proceedings under this act not to be quashed for want of form, nor to be removed by certiorari. Limits of act. Act may be altered this CXXXVIII. Stat. 6 & 7 Gulielmi 4, c. 75. [Ireland.] A.D. 1836. Stat. 6 & 7 Gul. 4, c. 75. "An Act to extend the Jurisdiction and regulate the Proceedings of the Cixil rjR.] Bill Courts in Ireland." " XIX. And be it enacted, that where the property or assets of any deceased Executors and person shall not exceed in value the sum of two hundred pounds, every executor or administrators administrator shall, if thereunto required by notice in writing by any legatee, next of kin, creditor, or other person interested therein, within twelve months after the decease of the testator or intestate, lodge with the clerk of the peace of the county wherein such testator or intestate resided at the time of his death, and also in the county wherein such executor or administrator resides, a schedule or account, set- ting forth the particulars of the property or assets of or to which the testator or intestate died possessed or entitled, and the amount, produce, and value, of the same respectively, and the amounts and particulars of the debts due by the said testator or intestate, and the amounts and particulars of the debts, legacies, and funeral and testamentary expenses of the testator or intestate paid by or on account of any such executor or administrator, and showing the balance applicable to the purposes of the will of the said testator, or distributable amongst the next of kin of the said intestate, or the property or chattels then undisposed of ; and every such schedule or account shall be verified by the oath or affirmation, (as the case may be,) of the executor or administrator, to be sworn before the clerk of the peace for the county wherein such executor or administrator resides, and which oath or affirmation the said clerk of the peace is hereby authorized and directed to admi- nister ; and such schedules or accounts shall be preserved and kept by the clerks of the peace among the records of their respective counties, and shall be deemed to lodge ac- counts if re- quired. (1) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 3 ; and Stat. 2 & 3 Vict. c. 62, s. 35. (2) Under the authority of this act : — It seems, that in order to entitle a party to notice he must have reasonable grounds for supposing that the act done by him was in execution or under the authority of the act. In Cook v. Leonard, (6 B. & C. 353,) Mr. Justice Bay ley observed : "Where a statute gives protection to persons acting in execu- tion, or in pursuance of it, all persons acting under its provisions are entitled to that pro- tection, although they exceed their authority by so doing. There must, however, be some limits to that rule, and it seems to me, that there are cases which warrant this distinction. If an officer does any act, part of which is, and part of which is not, authorized by the statute ; or if a magistrate act in a case which his general character authorizes him to do, the mere excess of authority in either case does not deprive the officer or magistrate of that protection which is conferred upon those who act in execution of it; but where there is a total absence of authority to do any part of that which has been done, the party doing the act is not entitled to that protection." Vide etiam Butler v. Ford, 1 C. & M. 662. Smith v. Shaw, 10 B. & C. 277. Wallace v. Smith, 5 East, 115. Shelford on Tithes, 279. 5 11 2 1716 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 75. [Ir.] Penalty on executors or administrators neglecting to lodge such account. Examination of executor or administrator. Executors or administrators to produce copy of will and letters of administration, and to submit to be examined on oath on trial of civil bill. Assistant bar- rister may advertise for claims or assets. Executors de son tort to be liable. Money may be required by assistant bar- rister to be paid into the bank. Legacies not exceeding 201. charged on real estate to be recoverable. and taken as evidence against the said executor or administrator of the several matters therein contained. " XX. And be it further enacted, that in case any such executor or administra- tor shall neglect to lodge such schedule as aforesaid w ithin the time hereinbefore specified, he shall forfeit any sum not exceeding twenty pounds, to he recoverable by civil bill before the assistant barrister of the county wherein such executor shall reside by any person suing for same. " XXI. And be it enacted, that in all proceedings by civil bill by any legatee or next of kin for recovery of any legacy or distributive share as aforesaid, it shall and may be lawful for the plaintiff, as such legatee or next of kin in such civil bill as aforesaid, to examine on oath, if the court shall deem it necessary, in open court, such executor or administrator, in order to obtain a discovery of the estate and effects of the testator or intestate at the time of his or her decease, and the value thereof, and of his or her debts, funeral and testamentary expenses, and to obtain an admission that the defendant is the executor or administrator, (as the case may be,) and to ascertain all such facts as a party suing as legatee or as next of kin in a court of equity is entitled to discovery of. " XXII. And be it enacted, that every executor or administrator may be com- pelled by summons, to be signed by the clerk of the peace, in like manner as wit- nesses are compelled to attend and give evidence in the civil bill courts, to attend and produce the probate, (if any,) of the will of the testator, or the letters of administration of the testator or intestate, (as the case may be,) and submit to be examined on oath in open court touching the matters aforesaid on the trial of any such civil bill in any riding, division, or district of the county where such cause shall be heard ; and every executor or administrator who shall disobey any such summons shall forfeit and pay the sum of ten pounds as a penalty ; but such fine or penalty may be mitigated or wholly given up, if the assistant barrister before whom he shall have been required to attend shall, upon good and sufficient cause being shown, think fit to mitigate or give up the same. " XXIII. And be it further enacted, that it shall be lawful for any assistant barrister, in any action or proceeding for a legacy, or a distributive share of the property or assets of a testator or an intestate, to require the party suing to give notice, either by advertisement or otherwise, requiring persons having claims on the property or assets of the deceased to produce and verify such claims ; and no such advertisement shall be charged with or liable to any duty, and all costs relating to such notice shall be borne and paid in such manner and by such parties as such assistant barrister shall order or direct ; and the assistant barrister may, if he shall think fit to direct such notice to be given, adjourn the civil bill to some future sessions, so as to allow sufficient time for publishing or giving such notice. " XXIV. And be it enacted, that any person rendering himself an executor de son tort shall be liable to be sued by civil bill in the manner hereinbefore men- tioned, and shall be liable to the same extent as if sued in a superior court. " XXV. And be it enacted, that in any such action or proceeding the assistant barrister may, if he thinks fit, direct money to be paid into the bank of Ireland, savings bank legally established, or such branch bank of the bank of Ireland as he shall direct, in the name of such clerk of the peace, to the credit of the cause in question, and such money shall be applied and disposed of according to the order and directions of the assistant barrister ; and all payments of such monies shall vest in the clerk of the peace for the time being, and shall be made upon an order in writing under the hand of the clerk of the peace for the time being, counter- signed by the assistant barrister ; which order shall be a good and sufficient war- rant to all intents and purposes. " XXVI. And be it enacted, that it shall and may be lawful for any legatee of any pecuniary legacy not exceeding twenty pounds charged upon or payable out of any real estate, or any person to whom arrears not exceeding twenty pounds are due in respect of any rent-charge or annuity charged upon or payable out of any real estate, to proceed by civil bill against the person who shall be entitled to the STATUTA GULIELMI IV. A.D. 1830—1837. 1717 real estate charged with such legacy or arrears ; and it shall and may be lawful for the assistant barrister, upon due proof by the plaintiff that such real estate is liable to such legacy or arrears, and that the owner thereof has received therefrom, for his own use and benefit, more than the amount of the legacy or sum sought to be recovered, and that no personal property liable to the payment thereof is available for that purpose, to order or decree the payment of such legacy or arrears by the owner of such real estate. " XXVII. And be it enacted, that in all proceedings under this act to recover any legacy, or lands, tenements, or hereditaments, an examined or attested copy (1) of the will bequeathing it, or of any will giving title to it, shall be received as evi- dence as if the original will or probate thereof was produced." CXXXIX. Stat. 6 & 7 Gulielmi 4, c. 77 (2). A.D. 1836. Stat. 6 & 7 Gul. 4 c. 7 "An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Epis- copal Dioceses, Revenues, and Patronage." " Whereas his majesty was pleased, on the fourth day of February, and on the Recital of sixth day of June, in the year one thousand eight hundred and thirty-five, to issue commissions two several commissions to certain persons therein respectively named, directing and rePorts* th&m to consider the state of the several dioceses in England and Wales, with reference to the amount of their revenues, and the more equal distribution of epis- copal duties, and the prevention of the necessity of attaching by commendam to bishoprics benefices with cure of souls, and to consider also the state of the several cathedral and collegiate churches in England and Wales, with a view to the sug- gestion of such measures as may render them conducive to the efficiency of the established church, and to devise the best mode of providing for the cure of souls, with special reference to the residence of the clergy on their respective benefices ; and whereas the said commissioners have, in pursuance of such directions, made four several reports to his majesty, bearing date respectively the seventeenth day of March, one thousand eight hundred and thirty-five, and the fourth day of March, the twentieth day of May, and the twenty-fourth day of June, one thousand eight hundred and thirty-six : and whereas the said commissioners have, in their said reports, amongst other things, recommended that commissioners be appointed by parliament for the purpose of preparing and laying before his majesty in council, such schemes as shall appear to them to be best adapted for carrying into effect the following recommendations; and that his majesty in council be empowered to make orders ratifying such schemes, and having the full force of law ; and that the diocese of Canterbury consist of the county of Kent, (except the city and deanery of Rochester, and those parishes which it is proposed to include in the diocese of London,) and of the parishes of Croydon and Addington, and the district of Lam- beth Palace, in the county of Surrey ; and that the diocese of London consist of the city of London and the county of Middlesex, of the parishes of Barking, East Ham, West Ham, Little Ilford, Low Layton, Walthamstow, Wanstead, Saint Mary Woodford, and Chingford, in the county of Essex, all in the present dio- cese of London ; of the parishes of Charlton, Lee, Lewisham, Greenwich, Wool- wich, Eltham, Plumstead, and Saint Nicholas Deptford, in the county of Kent, and Saint Paul Deptford, in the counties of Kent and Surrey, all now in the diocese of Rochester ; of the borough of South wark, and the parishes of Bat- (1) Examined or attested copy .- — The by Stat. 7 Gul, 4 & 1 Vict. c. 71; Stat, probate of a will is not an examined copy 1 & 2 Vict. c. 108; and Stat. 2 & 3 Vict. c. within the meaning of Stat. 6 & 7 Gul. 4, c. 55. Repealed in part by Stat. 1 & 2 Vict. 75, s. 27; and it seems that the copy refer- c. 106, s. 103. Vide etiam Stat. 1 & 2 red to by that section must be both examined Vict. c. 30; Stat. 3 & 4 Vict. c. 113, ss. and attested. Jackson v. Jackson, 1 Irish 1 & 90; Stat. 4 & 5 Vict. c. 39; Stat. 5 Circ. Rep. 469. & 6 Vict. cc. 26 & 112; and Stat. 6 & 7 (2) Certain express provisions continued Vict. c. 60. Stat. 6 & 7 Gul. 4, c. 75. [Ik.] Attested copy of will good evidence. 1718 STATUTA GULIELMI IV. A.D. 1830—1837. tersea, Bermondsey, Camberwell, Christchurch, Clapham, Lambeth, Rotherhithe, Streatham, Tooting Graveney, Wandsworth, Merton, Kew, and Richmond, in the county of Surrey and present diocese of Winchester ; and of the parishes of Saint Mary Newington, Barnes, Putney, Mortlake, and Wimbledon, in the county of Surrey, and in the peculiar jurisdiction of the Archbishop of Canterbury, together with all extra-parochial places locally situate within the limits of the parishes above enumerated, except the district of Lambeth Palace ; and that the diocese of Winchester be diminished by the transfer of the parish of Addington to the diocese of Canterbury, and of the before-mentioned parishes to the diocese of London ; and that the whole of the parish of Bedminster be transferred from the diocese of Bath and Wells to the diocese of Gloucester and Bristol ; and that the city and deanery of Bristol be united to the diocese of Gloucester ; and that the southern part of the diocese of Bristol, consisting of the county of Dorset, be trans- ferred to the diocese of Salisbury ; and that the diocese of Ely be increased by the counties of Huntingdon and Bedford, now in the diocese of Lincoln, by the dean- eries of Lynn and Fincham in the county of Norfolk and diocese of Norwich, and by the archdeaconry of Sudbury in the county of Suffolk and diocese of Norwich, with the exception of the deaneries of Sudbury, Stow, and Hartismere, and by that part of the county of Cambridge which is now in the diocese of Norwich ; and that it be declared that the Scilly Islands are within the jurisdiction of the Bishop of of Exeter and of the Archdeacon of Cornwall ; and that the sees of Gloucester and Bristol be united, and that the diocese consist of the present diocese of Gloucester, of the city and deanery of Bristol, of the deaneries of Cricklade and Malmesbury in the county of Wilts and now in the diocese of Salisbury, and of the whole of the parish of Bedminster, now in the diocese of Bath and Wells ; and that the dio- cese of Hereford be added to the deanery of Bridgenorth, now locally situated between the dioceses of Hereford and Lichfield ; and that those pails of the coun- ties of Worcester and Montgomery which are now in the diocese of Hereford be transferred to the dioceses of Worcester and Saint Asaph and Bangor respectively ; and that the diocese of Lichfield consist of the counties of Stafford and Derby ; and that the diocese of Lincoln consist of the counties of Lincoln and Nottingham ; and that the latter county, now in the diocese and province of York, be included in the province of Canterbury ; and that the diocese of Norwich consist of the coun- ties of Norfolk and Suffolk, except those parts which it is proposed to transfer to the diocese of Ely ; and that the diocese of Oxford be increased by the county of Buckingham, now in the diocese of Lincoln, and by the county of Berks, now in the diocese of Salisbury ; and that the diocese of Peterborough be increased by the county of Leicester, now in the diocese of Lincoln ; and that the diocese of Rochester consist of the city and deanery of Rochester, in the county of Essex, (excepting the parishes which it is proposed to leave in the diocese of London,) and of the whole county of Hertford ; and that to the diocese of Salisbury, reduced according to the foregoing propositions, be added the county of Dorset, now in the diocese of Bristol ; and that the diocese of Worcester consist of the whole counties of Wor- cester and Warwick ; and that the sees of Saint Asaph and Bangor be united, and that the diocese consist of the whole of the two existing dioceses (except that part of the diocese of Saint Asaph which is in the county of Salop) and of those parts of the county of Montgomery which are now in the diocese of Saint David's and Hereford ; and that the diocese of Llandaff consist of the whole counties of Gla- morgan and Monmouth ; and that the diocese of Saint David's be altered by the transfer of those parts of the counties of Montgomery, Glamorgan, and Monmouth which it is proposed to include in the respective dioceses of Saint Asaph and Bangor and Llandaff ; and that the diocese of York consist of the county of York, except such parts thereof as it is proposed to include in the new diocese of Ripon ; and that the diocese of Durham be increased by that part of the county of Northum- berland called Hexhamshire which is now in the diocese of York ; and that the sees of Carlisle and Sodor and Man be united, and that the diocese consist of the present diocese of Carlisle, of those parts of Cumberland and Westmorland which are now in the diocese of Chester, of the deanery of Furnes and Cartmel in the STATU T A GULIELM1 IV. A.D. 1830—1837. 1719 county of Lancaster, of the parish of Aldeston, now in the diocese of Durham, and Stat. 6 & 7 of the Isle of Man ; and that the diocese of Chester consist of the county of Ches- GuL- 4> c- 7 ter, of so much of the county of Flint as is now in that diocese, and of so much of the county of Salop as is not in the diocese of Hereford ; and that the whole dio- cese be included in the province of York, and that two new sees be erected in the province of York, one at Manchester and the other at Ripon ; and that the diocese of Manchester consist of the whole county of Lancaster except the deanery of Furnes and Cartmel ; and that the diocese of Ripon consist of that part of the county of York which is now in the diocese of Chester, of the deanery of Craven, and of such parts of the deaneries of the Ainsty and Pontefract in the county and diocese oi York as lie to the westward of the following districts ; videlicet, the liberty of the Ainsty and the wapentakes of Barkston Ash, Osgoldcross, and Staincross ; and that all parishes which are locally situate in one diocese, but under the jurisdiction of the bishop of another diocese, be made subject to the jurisdiction of the bishop of the diocese within which they are locally situate ; and that such variations be made in the proposed boundaries of the different dioceses as may appear advisable, after more precise information respecting the circumstances of particular parishes or districts ; and that the bishops of the two newly erected sees be made bodies corporate, and be invested with all the same rights and privileges as are now possessed by the other bishops of England and Wales, and that they be made subject to the metropo- litan jurisdiction of the Archbishop of York, and that the collegiate churches ot Manchester and Ripon be made the cathedrals, and that the chapters thereof be the chapters of the respective sees of Manchester and Ripon, and be invested with all the rights and powers of other cathedral chapters ; and that the members of these and of all other cathedral churches in England be styled dean and canons ; that the chapter of Carlisle be the chapter of the united see of Carlisle and Man ; that the bishops of the see of Saint Asaph and Bangor be elected alternately by the dean and chapter of Saint Asaph and by the dean and chapter of Bangor ; that the bishops of the see of Bristol and Gloucester be elected alternately by the dean and chapter of Bristol and by the dean and chapter of Gloucester ; that power be given to deter- mine the future mode of confirming such acts of the bishop of either of the united sees as may require confirmation by a dean and chapter ; and that upon the first avoidance of either of the sees of Saint Asaph or Bangor and of Gloucester or Bristol the bishop of the other of the sees proposed to be united become ipso facto bishop of the two sees, and thereupon become seised and possessed of all the pro- perty, advowsons, and patronage belonging to the see so avoided; and that the jurisdiction of the bishop's court in each diocese be co-extensive with the limits ot the diocese as newly arranged ; and that such arrangements be made with regard to the apportionment of fees payable to the officers of the several diocesan courts as may be deemed just and equitable, for the purpose of making compensation to those officers who may be prejudiced by the proposed alterations ; and that such altera- tions be made in the apportionment or exchange of ecclesiastical patronage among the several bishops as shall be consistent with the relative magnitude and import- ance of their dioceses when newly arranged, and as shall afford an adequate quan- tity of patronage to the bishops of the new sees ; and that, in order to provide for the augmentation of the incomes of the smaller bishoprics, such fixed annual sums be paid to the commissioners out of the revenues of the larger sees respectively as shall, upon due inquiry and consideration, be determined on, so as to leave as an average annual income to the Archbishop of Canterbury fifteen thousand pounds, to the Archbishop of York ten thousand pounds, to the Bishop of London ten thousand pounds, to the Bishop of Durham eight thousand pounds, to the Bishop of Winchester seven thousand pounds, to the Bishop of Ely five thousand five hundred pounds, to the Bishop of St. Asaph and Bangor five thou- sand two hundred pounds, and to the Bishop of Worcester and Bath and Wells respectively five thousand pounds ; and that out of the fund thus accruing fixed annual payments be made by the commissioners, in such instances and to such amount as shall be in like manner determined on, so that the average annual incomes of the other bishops respectively be not less than four thou- 1720 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 sand pounds nor more than five thousand pounds ; and that at the expiration Gul. 4, c. 77. of every seven years, reckoning from the first day of January, one thousand eight hundred and thirty-seven, a new return of the revenues of all the bishoprics be made to the commissioners, and that thereupon the scale of episcopal payments and receipts be revised, so as to preserve, as nearly as may be, to each bishop, an amount of income equivalent to that which shall have been determined in the first instance to be suitable to the circumstances of his bishopric, and that such revised scale take effect as to each see respectively upon the then next avoidance thereof; and that if, in determining the mode of regulating the episcopal incomes, either in the first instance or on any future revision of them, it shall be deemed expedient to make the alteration required, in any case, by the subtraction or addition of any real estates, such real estates be transferred accordingly ; and that out of the property of the see of Durham provision be forthwith made for the completion of those augmentations of poor benefices which the late bishop, (meaning thereby the late Right Reverend William Van Mildert,) had agreed to grant, but which he left uncompleted at the time of his death ; and that the Bishop of Durham do in future hold the castle of Durham in trust for the University of Durham, and that all expenses of maintaining and repairing the same be defrayed by the University of Durham ; and that so soon as the relative values of the several sees under the new arrangements shall have been ascertained, apportionment be made of the sums to be thereafter paid by the respective bishops for first-fruits, so as to leave the aggre- gate amount payable from all the sees to the bounty of Queen Anne, the same as at present ; and that the bishops who shall on the present vacancies succeed to the sees of Durham and Ely be relieved from the excess beyond their due proportion payable for first-fruits, and that the residue of the sums due be paid by the com- missioners out of the surplus funds arising from those sees ; and that the tenths to be hereafter payable by the respective bishops be regulated by the amount of the first-fruits payable under the preceding propositions ; and that none of the proposed alterations affecting the boundaries or jurisdiction of any diocese, or the patronage of benefices with cure of souls, or the revenues belonging to any see the bishop of which was in possession on the fourth day of March, one thousand eight hundred and thirty-six, take effect until the avoidance of the see without the consent of such bishop ; and that no ecclesiastical dignity, office, or benefice, be in future granted to any bishop to be held in commendam, but that such of the endowments of certain prebends in the cathedrals of Lincoln, Lichfield, Exeter, and Salisbury, as now belong to the bishops of the respective dioceses continue annexed to the respective sees ; and that fit residences be provided for the Bishops of Lincoln, Llandafr, Rochester, Manchester, and Ripon ; and that, for the purpose of provid- ing the bishop of any diocese with a more suitable and convenient residence than that which now belongs to his see, sanction be given for purchases or exchanges of houses or lands, or for the sale of lands belonging to the respective sees, and also, where it may be necessary, for the borrowing by any bishop of a sum not exceeding two years' income of his see, upon such terms as shall appear to be fit and proper ; and that the governors of the bounty of Queen Anne be empowered to lend money upon mortgage to such bishops ; and that so much of the sum of six thousand pounds recovered by the late Bishop of Bristol for damages done to the episcopal residence at Bristol, and of its accumulations, as may remain after deducting proper expenses, together with the money arising from the sale of the site of such resi- dence, if sold, be applied to the purchase or erection of a residence for the bishop of the see of Bristol and Gloucester ; and that new archdeaconries of Bristol, Maid- stone, Monmouth, Westmoreland, Manchester, Lancaster, and Craven, be created, and that districts be assigned to them ; and that archidiaconal power be given to the Dean of Rochester within that part of Kent which will remain in the diocese of Rochester ; and that the limits of the other existing deaneries and archdeacon- ries be newly arranged, so that every parish and extra-parochial place be within a rural deanery, and every deanery within an archdeaconry, and that no archdeaconry extend beyond the limits of one diocese; and that all the archdeaconries of England and Wales be in the gift of the bishops of the respective dioceses in which STATUTA GULIELMI IV. A.D. 1830-1837. 1721 they are situate ; and that all archdeacons have and exercise full and equal juris- diction within their respective archdeaconries ; and whereas it is expedient that the said recommendations should be carried into effect as soon as conveniently may be ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the Lord Archbishop of Canterbury for the time being, the Lord Archbishop of York and the Lord Bishop of London for the time being, John Lord Bishop of Lincoln, James Henry Lord Bishop of Gloucester, the lord high chancellor of Great Britain, the lord president of the council, the lord high treasurer or the first lord of the treasury, and the chancellor of the exchequer, for the time being respectively, and such one of his majesty's principal secretaries of state as shall be for that purpose nominated by his majesty, under his royal sign manual, (such lord chancellor, lord president, lord high treasurer or first lord of the treasury, chaucellor of the exchequer, and secretary of state, being respectively members of the united church of Great Britain and Ireland,) the Right Honourable Dudley, earl of Harrowby, the Right Honourable Henry Hobhouse, and the Right Honourable Sir Herbert Jenner, knight, shall for the purposes of this act be one body politic and corporate by the name of * The Ecclesiastical Commissioners for England,' and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have power and authority to take and purchase and hold lands, tenements, and hereditaments, to them, their successors, and assigns, for the purposes of this act, the statutes of mortmain, or any other act or acts to the contrary hereof notwithstanding. " II. And be it enacted, that the two last-named bishops and the three last- named lay commissioners shall be at all times removeable by his majesty in council by warrant under the sign manual ; and that when any vacancy shall occur, by death, removal, resignation, or otherwise, among the two last-named bishops and the three last-named lay commissioners, or among such of the future commissioners under this act as shall not have become such commissioners by virtue of any dig- nity or office, according to the provisions of this act, it shall be lawful for his majesty to fill up such vacancy by appointing under his royal sign manual, instead of any such commissioner being a bishop some other bishop of England or Wales, and instead of any such commissioner being a layman some other layman, being a member of the said church, to be a commissioner under this act ; and" every such bishop or person so to be appointed shall accordingly become to all intents and purposes one of the commissioners for the purposes of this act. M III. And be it enacted, that every such commissioner, whether herein named or hereafter to be appointed;, not being an archbishop or bishop, shall, before acting under the said commission, and at the first meeting he shall attend, subscribe in the book of the minutes of the proceedings of the said commissioners a declaration in the words following : " ( I do hereby solemnly, and in the presence of God, testify and declare, that I am a member of the united church of England and Ireland as by law established. Witness my hand this day of .' "IV.(l) And be it enacted, that all acts, matters, and things which the said commissioners are by any of the provisions of this act authorized or required to do and perform, shall and may be done and performed by any five of such commis- sioners : provided always, that such five commissioners be for such purpose assem- bled at a meeting whereof due notice shall have been given to all the said commissioners. " V. Provided always, and be it enacted, that no proceeding which requires to be ratified and confirmed by the common seal of the corporation shall be finally concluded, nor the said seal affixed to any deed or instrument, save at a meeting whereof notice shall have been in like manner given, and whereat two at least of the said episcopal commissioners shall be personally present : provided also, that in (1) Vide Stat. 4 & 5 Vict. c. 39. Stat. 6 & 7 Gul. 4, c. 77. Commissioners incorporated. How vacancies to be supplied. Commissioners to subscribe a declaration. Five commis- sioners to form a quorum. Assent of meeting of episcopal com- missioners essential to acts under seal, &c. 1722 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 77. Who to be chairman. Commissioners to appoint a treasurer, secretary, and other officers. Secretary to make and keep minutes. Commissioners may call and examine wit- nesses, &c. and administer an oath or a declaration. Commissioners to lay schemes before the king in council, for carrying into effect their recommenda- tions. For preventing appointment of clergymen in Wales not ac- quainted with the Welsh language. case any two episcopal commissioners, being the only episcopal commissioners present, shall object to the ratification and confirmation of any such proceeding as aforesaid, or to the affixing of such seal to any deed or instrument as aforesaid, such ratification or affixing of the seal shall not take place until a subsequent meeting of the commissioners shall have been held, after due notice thereof shall have been given. " VI. And be it enacted, that at each meeting of the said commissioners the com- missioner first in rank and precedence there present shall preside as chairman, and in case of the equality in rank and precedence of all the commissioners so present then the senior commissioner in the order of appointment shall so preside ; and the chairman at all such meetings shall not only vote as a commissioner, but shall also in case of the equality of votes have the casting or decisive vote. "VII. And be it enacted, that the said commissioners may from time to time appoint a treasurer and secretary, and such clerks, messengers, and officers as they shall deem necessary, and from time to time, at the discretion of the said commis- sioners, may remove such treasurer, secretary, clerks, messengers, and officer, or any of them, and appoint others in their stead : provided always, that the amount of the salaries of such treasurer, secretary, clerks, messengers, and officers shall from time to time be regulated by the lord high treasurer, or the lords commis- sioners of his majesty's treasury, or any three or more of them. 1 " VIII. And be it further enacted, that the secretary or other officer of the said commissioners shall keep a book, in which he shall make minutes of the proceed- ings of the said commissioners at their several meetings, and enter the names of the commissioners present thereat ; and such entry of the proceedings at each meeting shall be signed by the chairman thereof. " IX. And be it enacted, that it shall be lawful for the said commissioners, by summons under the hand of the chairman of any such meeting, to require the attendance of any person whom they shall think fit to examine touching any matter within their cognizance, also to make any inquiries, and call for any answers or returns, as to any such matter, and also to administer oaths, and examine every such person upon oath, and to cause to be produced before them, upon oath, all statutes, charters, grants, rules, regulations, bye-laws, books, deeds, contracts, agreements, accounts, and writings whatsoever, or copies thereof respec- tively, in anywise relating to any such matter ; or, in lieu of requiring such oath as aforesaid, the said commissioners may, if they think fit, require any such person to make and subscribe a declaration of the truth of his examination. " X. And be it enacted, that the said commissioners shall from time to time prepare, and lay before his majesty in council, such schemes as shall appear to the said commissioners to be best adapted for carrying into effect the herein before- recited recommendations, and shall in such schemes recommend and propose such measures as may, upon further inquiry, which the said commissioners are hereby authorized to make, appear to them to be necessary for carrying such recommen- dations into full and perfect effect : provided always, that nothing herein contained shall be construed to prevent the said commissioners from proposing in any such scheme such modifications or variations as to matters of detail and regulation as shall not be substantially repugnant to any or either of the said recommenda- tions, and in particular that it shall be competent to the said commissioners to propose in any such scheme that all parishes, churches, or chapelries which are locally situate in any diocese, but subject to any peculiar jurisdiction other than the jurisdiction of the bishop of the diocese in which the same are locally situate, shall be only subject to the jurisdiction of the bishop of the diocese within which such parishes, churches, or chapelries are locally situate. " XI. And be it enacted, that the said commissioners shall prepare, and lay before his majesty in council, such scheme as shall appear to the said commis- sioners to be best adapted for preventing the appointment of any clergyman not fully conversant with the Welsh language to any benefice with cure of souls in Wales in any parish, the majority of the inhabitants of which do not understand the English language. STATUTA GULIELMI IV. A.D. 1830-1837. 1723 "XII. And be it enacted, that when any scheme prepared under the authority of this act shall be approved by his majesty in council it shall be lawful for his majesty in council to issue an order or orders ratifying the same, and specifying the time or times when such scheme or the several parts thereof shall take effect, and to direct in every such order that the same be registered by the registrar of each of the dioceses the bishops whereof may or shall be in any respect affected thereby, and in any newly-created diocese by such person as shall be for that purpose named in such order, which person shall in such last-mentioned diocese become registrar there, and so continue as long as he shall demean himself well in his office. " XIII. And be it enacted, that every such order shall, as soon as may be after the making and issuing thereof by his majesty in council, be inserted and pub- lished in the London Gazette. " XIV. And be it enacted, that so soon as any such order in council shall be so registered and gazetted, it shall in all respects, and as to all things therein con- tained, have and be of the same force and effect as if all and every part thereof were included in this act, any law, statute, canon, letters patent, grant, usage, or custom to the contrary notwithstanding. " XV. And be it enacted, that a copy of every order of his majesty in council made under this act shall be laid before each house of parliament in the month of January in every year, if parliament shall be then sitting, or if parliament be not then sitting within one week after the next meeting thereof. " XVI. And be it enacted, that the registrar of every diocese to whom any order of his majesty in council made by virtue of this act shall be delivered shall forthwith register the same in the registry of his diocese ; and the persons who shall be for that purpose appointed in the dioceses of Manchester and Ripon shall forthwith register every such order in books to be by them for that purpose pro- vided, which shall thenceforth become the registry of those dioceses respectively ; and if any such registrar or other person shall refuse or neglect to register any such order he shall for every day during which he shall so offend forfeit twenty pounds, and if his offence shall continue for the space of three months he shall forfeit his office, and it shall be lawful for the bishop of the diocese, or for his majesty, as the case may be, to appoint a successor thereto. " XVII. And be it enacted, that for such registration as aforesaid no registrar shall be entitled to receive any fee or reward, but that on every search for any such order he shall be entitled to receive a fee of three shillings, and for every copy or extract of any such order, certified by him, he shall be entitled to receive for every folio of ninety words four pence ; and the copy of every such ent^, certified by the registrar, shall be admissible as evidence in all courts and places whatsoever. " XVIII. And be it enacted, that after the passing of this act no ecclesiastical dignity, office, or benefice shall be held in commendam by any bishop, unless he shall so hold the same at the time of passing thereof ; and that every commendam thereafter granted, whether to retain or to receive, and whether temporary or perpetual, shall be absolutely void, to all intents and purposes. " XIX. And be it enacted, that all archdeacons throughout England and Wales shall have and exercise full and equal jurisdiction within their respective archdea- conries, any usage to the contrary notwithstanding. "XX.(l) And whereas it may be expedient to consider the state and jurisdic- tion of all the ecclesiastical courts in England and Wales; be it enacted, that nothing herein contained, nor any order of his majesty in council made under the authority of this act, either for altering the limits of either of the existing pro- vinces or the boundaries of any existing diocese or archdeaconry, or for uniting any existing sees, or for creating any new bishopric or archdeaconry, or for appointing any registrar under the provisions of this act, or for any other purpose whatever, shall for one year after the passing of this act, or if parliament shall be then sitting till the end of the session of parliament, in any manner affect or be construed to Stat. 6 & 7 Gul. 4, c. 77. King in council may make orders for car- rying schemes into effect; which shall be registered in each diocese respectively; and gazetted ; and then to be of full effect for all purposes and as to all persons. Copies of orders to be laid before parliament. Registrars to register all orders, subject to a penalty for neglect. Fee to registrar. No commen- dam s to be held by bishops. Jurisdiction of archdeacons. This act not to affect the juris- diction of the ecclesiastical courts for one year. (1) Vide Stat. 5 & 6 Vict. c. 58, s. 1. 1724 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 77. Monitions to reside, and for payment of stipends, &c. to issue in name of the bishop. Same court to have jurisdic- tion therein as at present. Law of bona notabilia not altered for one vear. Marriage licences. Ecclesiastical courts to en- force produc- tion of docu- ments. Future ap- pointments to offices in ecclesiastical courts not to give a vested interest. Provisions applicable to church com- missioners under Muni- cipal Reform Act to apply to commis- sioners under this act. 5 & 6 Gul. 4, c. 76. affect the jurisdiction, power, or authority of any or either of the existing ecclesi- astical courts in England or Wales, or the extent or limits thereof, but that during such period as last aforesaid every such court shall continue in all matters whatso- ever arising within its present limits to exercise the same jurisdiction as heretofore by law allowed. " XXI. And be it enacted, that in all cases of monitions to reside, and moni- tions for the payment of the stipends of curates, and of proceedings consequent thereupon, except as hereinafter excepted, and in all cases of licences granted to spiritual persons, the same shall issue only under the authority and in the name of the bishop of the diocese, whether such diocese be according to the present territo- rial limits, or as altered or newly created under the authority of this act : provided always, that if it be necessary to institute in any ecclesiastical court proceedings thereupon or in consequence thereof, such proceedings shall be commenced, carried on, and decided in and by the same court which at the time of the passing of this act would be entitled to exercise jurisdiction in such matters respectively, and in the case of proceedings at the instance of a bishop in the name of the judge of such court: provided also, that nothing herein contained shall affect any peculiar belonging to either of the archbishops at the time of the passing of this act, but that every such peculiar, except as may be otherwise provided by any order of his majesty in council, made and issued in pursuance of this act, shall to all intents and purposes, and in all respects, remain subject to the same authority and juris- diction as if this act had not been passed. " XXII. And be it enacted, that nothing herein contained, nor any such order in council as aforesaid, shall during such period as last aforesaid, be construed to alter in any respect whatsoever the law of bona notabilia as it exists at the time of the passing of this act, notwithstanding any change of province, diocese, archdea- conry, or any other jurisdiction whatsoever. " XXIII. And be it enacted, that all marriage licences shall during such period as last aforesaid continue to be granted in the same manner and by the same autho- rities respectively as before the passing of this act. " XXIV. And be it enacted, that during such period every ecclesiastical court in which any proceedings shall be had shall have power to send for and enforce the production of all original instruments and documents relating to such proceedings, by whatever ecclesiastical authority the same may have been issued. "XXV. (1) And be it further enacted, that in case the office of judge, regis- trar, or other officer of any or either of the ecclesiastical courts in England or Wales (except the Prerogative court of Canterbury) shall become vacant during such period as last aforesaid, the person who may be thereunto appointed shall accept and take such office subject to all regulations and alterations affecting the same which may be hereafter made and provided by or under the authority of parliament, and shall not by his appointment thereto acquire any vested interest in such office, nor any claim or title to compensation in respect thereof, in case the same shall be hereafter abolished by parliament. " XXVI. (2) And whereas by an act passed in the fifth and sixth years of his present majesty, intituled, ' An Act to provide for the Regulation of Municipal Corporations in England and Wales/ provision was made concerning the sale of certain ecclesiastical preferments in the patronage of the several municipal corpo- rations therein mentioned, at such time and in such manner as the commissioners appointed to consider the state of the established church in England and Wales, with reference to ecclesiastical duties and revenues, should direct ; be it enacted, that from and after the passing of this act the provisions in the said recited act contained which apply to the said commissioners shall apply and be held to apply to the commissioners appointed under this act by the style and title of ' The Eccle- siastical Commissioners for England.' " (1) Vide Stat. 5 & 6 Vict. c. 58, s. I. (2) Vide Stat. 1 & 2 Vict. c. 31. STATUTA GULIELMI IV. A.D. 1830—1837. 1725 CXL. Stit. 6 & 7 Gulielmi 4, c. 85 (1). A.D. 1836. Stat. 6 & 7 "An Act for Marriages (2) in England:' GuL' 4' c* 85' " Whereas it is expedient to amend the law of marriages in England, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assem- bled, and by the authority of the same, that after the first day of March, in the After 1st of year one thousand eight hundred and thirty-seven, notwithstanding anything in March, 1837, this act contained, all the rules prescribed by the rubric concerning the solemnizing ggr-^Sbpr^ of marriages, shall continue to be duly observed by every person in holy orders of rubric t0 con- the church of England (3) who shall solemnize any marriage in England : provided tinue to be always, that where by any law or canon in force before the passing of this act it is observed. provided that any marriage may he solemnized after publication of banns, such Marriages may r jo, j r 'be solemnized marriage may be solemnized in like manner on production of the registrar s certz- 0Q production ficate(±) as hereinafter provided (5) \ provided also, that nothing in this act con- of registrar's tained shall affect the right of the Archbishop of Canterbury and his successors, certificate, and his and their proper officers, to grant special licences to marry at any conve- nient time and place, or the right of any surrogate or other person now having authority to grant licences for marriages. " II. And be it enacted, that the society of friends commonly called quakers, Marriages of and also persons professing the Jewish religion, may continue to contract and quakers and solemnize marriages according to the usages of the said society and of the said ^ews- persons respectively ; and every such marriage is hereby declared and confirmed good in law, provided that the parties to such marriage be both of the said society, or both persons professing the Jewish religion respectively ; provided also, that notice to the registrar shall have been given, and the registrar's certificate shall have issued in manner hereinafter provided. " III. And be it enacted, that the superintendent registrar of births and deaths Superintend- of every union, parish, or place, shall be, in right of his office, superintendent ent registrar of registrar of marriages within such union, parish, or place, and that such union, birtns. t0 be parish, or place, shall be deemed the district of such superintendent registrar of registrator" ^ marriages. marriages. " IV. And be it enacted, that in every case of marriage intended to be solem- Notice of every nized in England after the said first day of March, according to the rites of the intended mar- church of England, (unless by licence or by special licence, or after publication of riaSe to be banns,) and in every- case of marriage intended to be solemnized in England after glven .t0 thf the said first day of March, according to the usages of the quakers or Jews, or r^strarof the according to any form authorized by this act, one of the parties shall give notice district, under his or her hand, in the form of schedule (A) to this act annexed, or to the like effect, to the superintendent registrar of the district within which the parties shall have dwelt for not less than seven days then next preceding, or if the parties dwell in the districts (6) of different superintendent registrars, shall give the like notice to the superintendent registrar of each district, and shall state therein the name and surname and the profession or condition of each of the parties intending marriage, the dwelling place of each of them, and the time not being less than seven days during which each has dwelt therein, and the church or other building in which the marriage is to be solemnized ; provided that if either party shall have dwelt in the place stated in the notice during more than one calendar month, it may be stated therein that he or she hath dwelt there one month and upwards. " V. And be it enacted, that the superintendent registrar shall file all such Superintend- notices, and keep them with the records of his office, and shall also forthwith ent registrar enter a true copy of all such notices fairly into a book, to be for that purpose fur- [° £ ebe£0£°tices (1) Suspended until June, 1837, by Stat. Gul. 4 & 1 Vict. c. 22, s. 35. 7 Gul. 4 & 1 Vict. c. 1 ; amended and ex- (4) Registrar's certificate:— i. e super- plained by Stat. 7 Gul. 4 & 1 Vict. c. 22; intendent registrar's certificate. Vide Stat, and Stat. 3 & 4 Vict. c. 72. 7 Gul. 4 & 1 Vict. c. 22 s 1 (2) Marriages.— Vide Stat. 4 Geo. 4, c. (5) Hereinafter provided .'—Vide Stat. 7 /6 (ante 1226). Gul. 4 & 1 Vict. c. 22, s. 36. (3) Church of England:— Vide Stat. 7 (6) Districts.— Fide Stat. 3 &4 Vict.c. 92. 1726 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gui. 4, c. 85. Notices to be read at meetings of guardians. After seven days, or twen- ty-one days, certificate of notice to be given upon demand. nislied to him by the registrar-general, to be called ' The Marriage Notice Book,' the cost of providing which shall be defrayed in like manner as the cost of pro- viding register books of births and deaths (1); and the marriage notice book shall be open at all reasonable times without fee, to all persons desirous of inspecting the same ; and for every such entry the superintendent registrar shall be entitled to have a fee of one shilling. " VI. And be it enacted, that if such superintendent registrar shall be clerk to the guardians of any poor law union, or of any parish or place comprising the dis- trict for which such superintendent registrar shall act, he shall read such notices as hereinafter directed ; and if he shall not be such clerk, then he shall transmit to such clerk on the day previous to each weekly meeting of such guardians all such notices of intended marriage as he shall have received on or since the day previous to the weekly meeting immediately preceding the same ; and such clerk shall read such notices immediately after the minutes of the proceedings of such guardians at their last meeting shall have been read ; and such notices shall be so read three several times in three successive weeks at the weekly meetings of such guardians, unless in any case licence for marriage shall be sooner granted, and notice of such licence being granted shall have been given to such clerk : provided also, that if it shall happen that the board of guardians of any such union, parish, or place, shall not so meet, it shall be sufficient for the purposes of this act that such notices shall be read at any meeting of such guardians which shall be held (2) within twenty-one days from the day of such notice being entered. " VII. And be it enacted, that after the expiration of seven days, if the mar- riage is to be solemnized by licence, or of twenty-one days if the marriage is to be solemnized without licence, after the entry of such notice, the superintendent registrar, upon being requested so to do by or on behalf of the party by whom the notice was given, shall issue (3) under his hand a certificate in the form of schedule (B) to this act annexed {A), provided that no lawful impediment be shown to the satisfaction of the superintendent registrar why such certificate should not issue, and provided that the issue of such certificate shall not have been sooner forbidden in manner hereinafter mentioned by any person or persons authorized in that (1) Deaths:— Vide Stat. 7 Gul. 4 & 1 Vict, c. 22, s. 25. (2) Meeting .... shall be held: — Vide Stat. 7 Gul. 4 & 1 Vict. c. 22, s. 24. (3) Shall issue : — The superintendent re- gistrar has no power to issue his certificate pursuant to Stat. 6 & 7 Gul. 4, c. 85, s. 7, in cases where it is proposed, that the mar- riage shall take place out of his district. Thus, in Exparte Brady, (8 Dowl. P. C. 332,) an application was made for a writ of mandamus, to be directed to the superin- tendent registrar of the Salford union, to issue his certificate pursuant to Stat. 6 & 7 Gul. 4, c. 85, s. 7. The parties in question resided in the Salford union : they were [Ro- man] catholics, and were desirous of being married without licence, at a [Roman] ca- tholic chapel, in Manchester, but which was not within the district of the superintendent registrar, there being no [Roman] catholic chapel within the district, over which, the registrar had j u risdiction . The question was , whether, as there was no [Roman] catholic chapel within the district in which they re- sided, they had a right to a certificate for the purpose of marrying at a [Roman] catholic chapel not within the district; — to which Mr. Justice Patteson observed, "What authority is there for saying, that persons can be mar- ried in a different district from that in which they reside ? The intention of the act was not that parties should be married, in fact, in a foreign country, or that notice could be given in London, in order to be married in Cumberland. There are no words in the act which give leave to be married anywhere, wherever the notice may have been given. I will, however, consider the case." His lordship afterwards stated, " I cannot think that, because, in one section (11) it is said, that the superintendent registrar cannot act, except within his district, that, in the other, (sect. 7,) where nothing is said on the sub- ject, he may grant his certificate to marry at any place, without his district. It is impossible to construe acts of parliament on such a principle. However, on read- ing sect. 25, it appears to me perfectly clear, what the intention of the legislature was. It was not the intention of the legislature, that the registrar should have power to grant his certificate for marriages out of his own district. The superintendent regis- trar appears to have put a construction on the act, and adopted a practice thereon, which, as soon as it was brought to the knowledge of the registrar-general, he put a stop to it, and I quite agree with him in the construction which he has put on the act. I cannot, therefore, grant this rule now sought to be obtained." (4) Certificate in the form of schedule (B) to this act annexed: — The certificate is there described as the registrar's certificate. STATUTA GULIELMI IV. A.D. 1330—1837. 1727 behalf, as hereinafter is provided ; and every such certificate shall state the parti- culars set forth in the notice, the day on which the notice was entered, and that the full period of seven days or of twenty-one days, (as the case may be,) has elapsed since the entry of such notice, and that the issue of such certificate has not been forbidden by any person or persons authorized in that behalf ; and for every such certificate the superintendent registrar shall be entitled to have a fee of one shilling. "VIII. And be it enacted, that the registrar-general shall furnish to every superintendent registrar a sufficient number of forms of certificates, the cost of which shall be accounted for by the superintendent registrar to the registrar-gene- ral ; and in order to distinguish the certificates to be issued for marriages by licence from the certificates to be issued for marriages without licence, a watermark in the form of the word * Licence,' in Roman letters, shall be laid and manufactured in the substance of the paper on which the certificates to be issued for marriage by licence shall be written or printed ; and every certificate to be issued for marriage by licence shall be printed with red ink, and every certificate to be issued for marriage without licence shall be printed with black ink, and such other distinctive marks between the two kinds of certificate shall be used from time to time as shall seem fit to the registrar-general. " IX. And be it enacted, that any person authorized in that behalf may forbid the issue of the superintendent registrar's certificate, by writing at any time before the issue of such certificate the word ' forbidden,' opposite to the entry of the notice of such intended marriage in the marriage notice book, and by subscribing thereto his or her name and place of abode, and his or her character, in respect of either of the parties, by reason of which he or she is so authorized ; and in case the issue of any such certificate shall have been so forbidden the notice and all proceedings thereupon shall be utterly void. " X. And be it enacted, that after the said first day of March, the like con- sent (1) shall be required to any marriage in England solemnized by licence as would have been required by law to marriages solemnized by licence immediately before the passing of this act ; and every person whose consent to a marriage by licence is required by law is hereby authorized to forbid the issue of the superin- tendent registrar's certificate, whether the marriage is intended to be by licence or without licence. " XI. And be it enacted, that after the said first day of March every superin- tendent registrar shall have authority to grant licences for marriage in any building registered as hereinafter provided within any district under his superintendence, or in his office, in the form of schedule (C) to this act annexed, and for every such licence shall be entitled to have of the party requiring the same the sum of three pounds above the value of the stamps necessary on granting such licence ; and every superintendent registrar shall four times in every year, on such days as shall be appointed by the registrar-general, make a return to the registrar-general of every licence granted by him since his last return, and of the particulars stated concerning the parties: provided always, that no superintendent registrar shall grant any such licence until he shall have given security by his bond in the sum of one hundred pounds to the registrar-general for the due and faithful execution of his office : provided also, that nothing herein contained shall authorize any superintendent registrar to grant any licence for marriage in any church or chapel in which marriages may be solemnized according to the rites of the church of England, or in any church or chapel belonging to the church of England, or licensed for the celebration of divine worship according to the rites and ceremonies of the church of England, or any licence for marriage in any registered building which shall not be within his district. Stat. 6 & 7 Gul. 4, c. 85. Forms of cer- tificates to be furnished. Certificates for marriage by licence to be distinguishable from other certificates. Issue of su- perintendent registrar's certificate may be forbidden. Consent. Superintend- ent registrar may grant licences for marriage. Superintend- ent registrar to give security. Proviso. (1) .Consent: The consent required by Stat. 4 Geo. 4, c. 76, s. 16 {ante 1237), is directory, and a marriage without such con- sent is valid. It will be percived that Stat. 4 Geo. 4, c. 76, s. 16, expressly, and Stat. 6 & 7 Gul. 4, c. 85, impliedly, dispenses with consent, where there is no authorized person under the statute to give it. 1728 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 85. Certificate to be given before the licence is granted. Caveat may be lodged with superintendent registrar against grant of licence or certificate. Marriages not to be solem- nized until after twenty- one days after entry of notice, unless by licence. New notice required after three months. Superintend- ent registrar's certificate or licence to be delivered to the person by or before whom " XII. And be it enacted, that before any licence for marriage shall be granted by any such superintendent registrar one of the parties intending marriage shall appear personally before such superintendent registrar, and in case the notice of such intended marriage shall not have been given to such superintendent registrar, shall deliver to him the certificate of the superintendent registrar or superintendent registrars to whom such notice shall have been given, and such party shall make oath, or shall make his or her solemn affirmation or declaration instead of taking an oath(l), that he or she believeth that there is not any impediment of kindred or alliance or other lawful hindrance to the said marriage, and that one of the said parties hath for the space of fifteen days immediately before the day of the grant of such licence had his or her usual place of abode within the district within which such marriage is to be solemnized, and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, as the case may be ; and all such licences and declarations shall be respectively liable to the same stamp duties as licences for marriage granted by the ordinary of any diocese, and affidavits made in order to procure the same. " XIII. And be it enacted, that any person, on payment of five shillings, may enter a caveat (2) with the superintendent registrar against the grant of a certifi- cate or a licence for the marriage of any person named therein ; and if any caveat be entered with the superintendent registrar, such caveat being duly signed by or on behalf of the person who enters the same, together with his or her place of resi- dence, and the ground of objection on which his or her caveat is founded, no certi- ficate or licence shall issue or be granted until the superintendent registrar shall have examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the certificate or licence for the said marriage, or until the caveat be withdrawn by the party who entered the same ; provided that in case of doubt it shall be lawful for the superintendent registrar to refer the matter of any such caveat to the registrar-general, who shall decide upon the same ; provided likewise, that in case of the superintendent registrar refusing the grant of the cer- tificate or licence, the person applying for the same shall have a right to appeal to the registrar-general, who shall thereupon either confirm the refusal or direct the grant of the certificate or licence. " XIV. And be it enacted, that after the said first day of March no marriage after such notice as aforesaid, unless by virtue of a licence to be granted by the superintendent registrar, shall be solemnized or registered in England until after the expiration of twenty-one days after the day of the entry of such notice as afore- said ; and no marriage shall be solemnized by the licence of any superintendent registrar or registered until after the expiration of seven days after the day of the entry of such notice as aforesaid. " XV. And be it enacted, that whenever a marriage shall not be had within three calendar months after the notice shall have been so entered by the superin- tendent registrar, the notice and certificate, and any licence which may have been granted thereupon, and all other proceedings thereupon, shall be utterly void ; and no person shall proceed to solemnize the marriage, nor shall any registrar register the same, until new notice shall have been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid (S). " XVI. And be it enacted, that the superintendent's certificate, or, in case the parties shall have given notice to the superintendent of different districts, the cer- tificate of each superintendent shall be delivered to the officiating minister, if the marriage shall he solemnized according to the rites of the church of England ; and the said certificate or licence shall be delivered to the registering officer of the people called quakers for the place where the marriage is solemnized, if the same shall be (1) Taking an oath:— Vide Stat. 4 Geo. c. 85, s. 37. 4, c. 76, ss. 10 & 14 (ante 1236, 1237). (3) Manner aforesaid : (2) Caveat: — Respecting the penalty for 4 & 1 Vict. c. 22, s. 3. a vexatious caveat, vide Stat. 6 & 7 Gul. 4, Fide Stat. 7 Gul. STATUTA GULIELMI IV. A.D. 1830-1837. 1729 solemnized according to the usages of the said people; or to the officer of a syna- Stat. 6 & 7 gogue by whom the marriage is registered, if the same shall be solemnized accord- 0L- ' c- / ing to the usages of persons professing the Jewish religion ; and in all other cases ^e^r™f e 18 shall be delivered to the registrar present at the marriage, as hereinafter provided. "XVII. And be it enacted, that it shall be lawful for the superintendent Superintend- registrar of any union, parish, or place, subject to the approval of the board of en* registrar guardians thereof, to appoint by writing under his hand such person or persons as registrars ^ he may think fit, with such qualifications as the registrar-general (1 ), by any marriages, general rule, may declare to be necessary, to be a registrar or registrars for the purpose of being present at marriages to be solemnized by virtue of this act at which the presence of a registrar is made necessary, and every such registrar of marriages shall hold his office during the pleasure of the superintendent registrar by whom he was appointed, or of the registrar-general. " XVIII. And be it enacted, that any proprietor or trustee of a separate build- Places of ing (2), certified according to law as a place of religious worship, may apply to wo?hiPe^^e the superintendent registrar of the district, in order that such building may be g^^^in registered for solemnizing marriages therein, and in such case shall deliver to the niavriages superintendent registrar a certificate, signed in duplicate by twenty householders therein, at the least, that such building has been used by them during one year at the least as their usual place of public religious worship, and that they are desirous that such place should be registered as aforesaid, each of which certificates shall be countersigned by the proprietor or trustee by whom the same shall be deli- vered ; and the superintendent registrar shall send both certificates to the registrar- general, who shall register such building accordingly in a book to be kept for that purpose at the general register office ; and the registrar-general shall indorse on both certificates the date of the registry, and shall keep one certificate with the other records of the general register office, and shall return the other certi- ficate to the superintendent registrar, who shall keep the same with the other records of his office ; and the superintendent registrar shall enter the date of the registry of such building in a book to be furnished to him for that purpose by the registrar-general, and shall give a certificate of such registry under his hand, on parchment or vellum, to the proprietor or trustee by whom the certificates are countersigned, and shall give public notice of the registry thereof by advertisement in some newspaper circulating within the county, and in the London Gazette ; and for every such entry, certificate, and publication, the superintendent registrar shall receive at the time of the delivery to him of the certificates the sum of three pounds. " XIX. And be it enacted, that if at any time subsequent to the registry of On removal of any building for solemnizing marriages therein it shall be made to appear to the the same con- satisfaction of the registrar-general that such building has been disused for the £regation, ^e public religious worship of the congregation on whose behalf it was registered worsnip may as aforesaid, the registrar-general shall cause the registry thereof to be cancelled ; be immediately provided that if it shall be proved to the satisfaction of the registrar-general registered, in- that the same congregation use instead thereof some other such building for the stead °fthe » vt i' ■ , . . , , & one disused, purpose of public religious worship, the registrar-general may substitute and register such new place of worship instead of the disused building, although such new place of worship may not have been used for that purpose during one year then next preceding ; and every application for cancelling the registry of any such building, or for such substitution and registry of a substituted building, shall be made to the registrar-general by or through the superintendent registrar of the district ; and such cancel or substitution, when made, shall be made known by the registrar-general to the superintendent registrar, who shall enter the fact and the date f hereof in the book provided for the registry of such buildings, and shall certify and publish such cancel or substitution and registry in manner hereinbefore provided in the case of the original registry of the disused building ; and for every such substitution the superintendent registrar shall receive, at the (1) Registrar. general:— Ft^ Stat. 7 Gul. (2) Separate building :— Vide Stat. 7 4 & 1 Vict. c. 22. s. 35. Gul. 4 & 1 Vict. c. 22, s. 35. 5 S 1730 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 8: Marriages may be solemnized in such regis- tered places, in the presence of some registrar and of two witnesses. Marriages may be celebrated before the superintendent registrar. Marriage fees to the regis, trar. Registrar to register all marriages solemnized before him in books to be sent by the registrar- general. Copies of the marriage register book to be given quarterly to the superintendent registrar. time of the delivery of the certificate from the party requiring the substitution, the sum of three pounds ; and after such cancel or substitution shall have been made by the registrar-general it shall not be lawful to solemnize any marriage in such disused building, unless the same shall be again registered in the man- ner hereinbefore provided. " XX. And be it enacted, that after the expiration of the said period of twenty- one days, or of seven days if the marriage is by licence, marriages may be solem- nized in the registered building stated as aforesaid in the notice of such marriage, between and by the parties described in the notice and certificate, according to such form and ceremony {I) as they may see fit to adopt: provided nevertheless, that every such marriage shall be solemnized with open doors, between the hours of eight and twelve in the forenoon, in the presence of some registrar of the dis- trict in which such registered building is situate, and of two or more credible witnesses ; provided also, that in some part of the ceremony, and in the presence of such registrar and witnesses, each of the parties shall declare, * I do solemnly declare, that I know not of any lawful impediment why I, A. B.y may not be joined in matrimony to C. D.' And each of the parties shall say to the other, ' I call upon these persons here present to witness that I, A. B., do take thee, G. Z>., to be my lawful wedded life [or husband.'] Provided also, that there be no lawful impediment to the marriage of such parties. " XXI. And be it enacted, that any persons who shall object to marry under the provisions of this act in any such registered building may, after due notice and certificate issued as aforesaid, contract and solemnize marriage at the office and in the presence of the superintendent registrar and some registrar of the district, and in the presence of two witnesses, with open doors, and between the hours aforesaid, making the declaration and using the form of words hereinbefore provided in the case of marriage in any such registered building. " XXII. And be it enacted, that the registrar shall be entitled for every mar- riage which shall be solemnized under this act in his presence to have from the parties married the sum of ten shillings, if the marriage shall be by licence, and otherwise the sum of five shillings. " XXIII. And be it enacted, that the registrar shall forthwith register every marriage solemnized in manner aforesaid in his presence, in a marriage register book to be furnished to him for that purpose from time to time by the registrar- general, according to the form provided for the registration of marriages by an act made in this present session of parliament, intituled, 4 An Act for registering Births, Deaths, and Marriages in England,' the cost of which shall be defrayed in like manner as the cost of providing register books of births and deaths ; and every entry of such marriage shall be signed by the person by or before whom the marriage shall have been solemnized, if there shall be any such person, and by the registrar, and also by the parties married, and attested by two witnesses ; and every such entry shall be made in order from the beginning to the end of the book. " XXIV. And be it enacted, that in every year, on such days as shall from time to time be appointed by the registrar-general, within one calendar month next after the first day of April, the first day of July, the first day of October, and the first day of January respectively, every registrar shall make and deliver to the superintendent registrar of his district, a true copy, certified by him under his hand, according to the form of schedule (D) to this act annexed, of all the entries of marriage in the register book kept by him since the last delivery, and the superintendent registrar shall verify the same, and if found to be correct shall certify the same under his hand to be a true copy ; and if there shall have been no marriage registered since the delivery of the last certified copy, the registrar shall certify the fact, and such certificate shall be delivered to the superintendent regis- (1) Ceremony .—Stat. 7 Gul. 4 & 1 Vict. c. 22, s. 23, contains provisions for marriages in the Welsh tongue. STATUTA GULIELMI IV. 1731 trar as aforesaid, and countersigned by him ; and the registrar shall keep safely the said register book until it shall be filled, and shall then deliver it to the super- intendent registrar to be kept by him with the records of his office. "XXV. And be it enacted, that after any marriage shall have been solemnized it shall not be necessary in support of such marriage to give any proof of the actual dwelling (1) of either of the parties previous to the marriage within the dis- trict wherein such marriage was solemnized for the time required by this act, or of the consent of any person whose consent thereunto is required by law ; nor shall any evidence be given to prove the contrary in any suit touching the vali- dity of such marriage. " XXVI. And whereas it is expedient that provision should be made, under proper restrictions, for relieving the inhabitants of populous districts remote from the parish church, or from any chapel wherein marriages may be lawfully cele- brated according to the rites and ceremonies of the church of England, from the inconvenience to which they may be thereby subjected in the solemnization of their marriages ; be it therefore enacted, that, with the consent under the hand and seal of the patron and incumbent respectively of the church of the parish or district in which may be situate any public chapel with or without a chapelry thereunto annexed, or any chapel duly licensed for the celebration of divine ser- vice according to the rites and ceremonies of the church of England, or any chapel the minister whereof is duly licensed to officiate therein according to the rites and ceremonies of the church of England, or without such consent after two calendar months' notice in writing given by the registrar of the diocese to such patron and incumbent respectively, the bishop of the diocese may, if he shall think it necessary for the due accommodation and convenience of the inhabitants, authorize by a licence under his hand and seal the solemnization of marriages in any such chapel for persons residing within a district the limits whereof shall be specified in the bishop's licence, and under such provisions as to the amount, appro- priation, or apportionment of the dues, and as to other particulars, as to the said bishop may seem fit, and as may be specified in the said licence ; provided that it shall be lawful for any patron or incumbent who shall refuse or withhold consent to the grant of any such licence to deliver to the bishop, under his or her hand and seal, a statement of the reasons for which such consent shall have been so refused or withholden ; and no such licence shall be granted by any bishop, until he shall have inquired into the matter of such reasons ; and every instrument of consent of the patron and incumbent, or, if such consent be refused or withholden, a copy of the notice under the hand of the registrar, and every statement of rea- sons alleged as aforesaid by the patron or incumbent, with the bishop's adjudication thereupon under his hand and seal, shall be registered in the registry of the dio- cese ; and thenceforth and until the said licence be revoked marriages solemnized in such chapel shall be as valid to all intents and purposes as if the same had been solemnized in the parish church, or in any chapel where marriages might hereto- fore have been legally solemnized. "XXVII. And be it enacted, that all fees, dues, and other emoluments on account of the solemnization of marriages which belong to the incumbent or clerk respectively of any church) or chapel in any parish or district within which the solemnization of marriages shall be authorized as aforesaid shall respectively be received, until the avoidance of such church or chapel next after the passing of this act, for and on account of such incumbent, and, until the vacancy in the office of clerk next after the passing of this act, for and on account of such clerk, and be paid over to them, except such portion of the fees, dues, or other emoluments as the said bishop of the diocese, with the consent of the said incumbent and clerk respec- tively, shall in such aforesaid licence assign to the minister and clerk respectively of the chapel in which the solemnization of marriages shall be authorized as afore- said ; and that it shall be lawful for the said bishop in and by such licence, without any such consent, to declare that from and after such next avoidance or vacancy Stat. 6 & 7 Gul. 4, c. 85. Proof of resi- dence of par- ties, or consent, not necessary to establish the marriage. Bishops, with consent of patrons, may license chapels for the solem- nization of marriages in! populous places. Appropria- tion of fees on marriages performed in such chapels. (1) Actual dwelling Vide Stat. 4 Geo. 4, c. 76, s. 26 (ante 1241). 5 S 2 1732 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 85. Patron or in- cumbent may appeal to the archbishop against such licences. Notice of such licences to be affixed in chapels. Marriages performed in such chapels to be under the same regu- lations as those performed in parish churches. Option to parties to be married at pa- rish church. Bishop, with consent of archbishop, may revoke such licences ; in which case, registers to be sent to the in- cumbent of the parish church. Registrars of dioceses to respectively the whole or such part of the fees, dues, and other emoluments on account of the solemnization of marriages in such last-mentioned chapel as shall be specified in such licence, shall be receivable, and the same shall thenceforth be received by or for the minister and clerk of such chapel respectively. " XXVIII. And be it enacted, that when the said bishop shall authorize the solemnization of marriages in any such chapel as aforesaid, without the consent under the hand and seal of the patron and incumbent respectively, it shall be lawful for them or either of them to appeal within one calendar month to the archbishop of the province, who shall hear the same in a summary manner, and shall make such order confirming, revoking, or varying the licence so given, as to him shall seem meet and expedient, which order shall be registered in the registry of the diocese, and shall be conclusive and binding on all parties whatsoever. " XXIX. And be it enacted, that there shall be placed in some conspicuous part in the interior of every chapel (1) in respect of which such licence shall be given as aforesaid a notice in the words following : ' Marriages may be solemnized in this chapel.' " XXX. And be it enacted, that all provisions which shall from time to time be in force relative to marriages, and to providing, keeping, and transmitting register books and copies of registers of marriages solemnized in any parish church, shall extend to any chapel in which the solemnization of marriages shall be autho- rized as aforesaid, in the same manner as if the same were a parish church, and every- thing required by law to be done relating thereto by the rector, vicar, curate, or churchwardens respectively of any parish church shall be done by the officiating minister, chapelwarden, or other person exercising analogous duties in such chapel respectively. " XXXI. Provided always, and be it enacted, that notwithstanding any such licence as aforesaid to solemnize marriages in any such chapel, the parties may, if they think fit, have their marriage solemnized in the parish church, or in any chapel in which heretofore the marriage of such parties or either of them might have been legally solemnized. " XXXII. And be it enacted, that any such licence or order may at any time be revoked by writing under the hand and seal of the bishop of the diocese, with the consent in writing of the archbishop of the province ; and such revocation and consent shall be registered in the registry of the diocese, the registrar whereof shall notify the same in writing to the minister officiating in the chapel, and shall also give public notice thereof by advertisement in some newspaper circulating within the county and in the London Gazette, and thenceforth the authority to solemnize marriages in such chapel shall cease and determine. " XXXIII. And be it enacted, that in case of the revocation of the licence to solemnize marriages in any such chapel all registers of marriages solemnized therein under such licence which shall be in the custody or possession of the minister of such chapel at the time of such revocation shall forthwith be transmitted to the incumbent or officiating minister of the parish church, and shall thenceforth be preserved, and in all other respects dealt with in the same manner, and be of the same force and validity, to all intents and purposes, as if they had been originally made and deposited with such incumbent or officiating minister; and that such incumbent or minister shall, when he next transmits to the superintendent regis- trar copies of the registers of marriages solemnized in such parish church, also therewith transmit copies of all such entries as shall have been made in such first- mentioned registers subsequent to the date of the last entry a copy whereof was transmitted to the superintendent registrar, and shall also transmit to him one copy of every register book so transmitted to him of which no copy shall have been already transmitted to the superintendent registrar, having first signed his name at the foot of the last entry therein. " XXXIV. And be it enacted, that the registrar of every diocese shall within fifteen days after the said first day of March, and also within fifteen days after the (1) Chapel:— Vide Stat. 7 Gul. 4 & 1 Vict. c. 22, s. 33. STATUTA GULIELMI IV. A.D. 1830—1837. 1733 first day of January in every succeeding year, make out and send through the post Stat. 6 & 7 office, directed to the registrar-general of births, deaths, and marriages, at his office, GuL- 4» c- 85- a list of all chapels belonging to the church of England within that diocese wherein send to the marriages may lawfully be solemnized according to the rites and ceremonies of the JjSf'^'Jj church of England, and shall distinguish in such list which have a parish, chapelry, license'd cha. or other recognised ecclesiastical division annexed to them, and which are chapels pels within licensed by the bishop under this act, and shall state therein the district for which their districts, each of such chapels is licensed according to the description thereof in the licence ; and the registrar-general shall in every year make out and cause to be printed a Lists of all list of all such chapels, and also of all places of public worship registered under the J^Sj^J11 provisions of this act, and shall state in such list the county and registrar's district registered to within which each chapel or registered building is situated, and shall add also the be printed, names and places of abode of the registrars and deputy registrars of each district, and of the superintendent registrars ; and a copy of such list shall be sent to every registrar and superintendent registrar. " XXXV. And be it enacted, that every marriage solemnized under this act Marriages shall be good and cognizable in like manner as marriages before the passing of this under this act act according to the rites of the church of England. cogniza e. "XXXVI. And be it enacted, that it shall be lawful for the registrar (\) before Registrar may whom any marriage is solemnized according to the provisions of this act to ask of ask ? erj^ q{ the parties to be married the several particulars required to be registered touching JJj^ ar& 0 such marriage. "XXXVII. And be it enacted, that every person who shall enter a caveat (2) Persons vexa- with the superintendent registrar against the grant of any licence or issue of any taou^j£y"ng certificate on grounds which the registrar-general shall declare to be frivolous, and ^V^QSts antl that they ought not to obstruct the grant of the licence, shall be liable for the damages, costs of the proceedings, and for damages to be recovered in a special action upon the case by the party against whose marriage such caveat shall have been entered. " XXXVIII. And be it enacted, that every person who shall knowingly and Persons wilfully make any false declaration or sign any false notice or certificate required making false by this act, for the purpose of procuring any marriage, and every person who shall declar^1t°nQf forbid the issue of any superintendent registrar's certificate, by falsely representing pejj^y himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall suffer the penalties of perjury. " XXXIX. And be it enacted, that every person who after the said first day of Persons unduly March shall knowingly and wilfully solemnize any marriage in England, except solemnizing by special licence, in any other place than a church or chapel in which marriages JJ"^^ gm y may be solemnized according to the rites of the church of England, or than the registered building or office specified in the notice and certificate as aforesaid, shall be guilty of felony, (except, in the case of a marriage between two of the society of friends commonly called Quakers, according to the usages of the said society, or between two persons professing the Jewish religion, according to the usages of the Jews;) and every person who in any such registered building or office shall know- ingly and wilfully solemnize any marriage in the absence of a registrar of the district in which such registered building or office is situated shall be guilty of felony ; and every person who shall knowingly and wilfully solemnize any mar- riage in England after the said first day of March (except by licence) within twenty-one days after the entry of the notice to the superintendent registrar as aforesaid, or if the marriage is by licence within seven days after such entry, or after three calendar months after such entry, shall be guilty of felony. "XL. And be it enacted, that every superintendent registrar who shall know- Superintend - ingly and wilfully issue any certificate for marriage after the expiration of three ent registrars calendar months after the notice shall have been entered by him as aforesaid, or unduJy issuing any certificate for marriage by licence before the expiration of seven days after the gujity of felony, entry of the notice, or any certificate for marriage without licence before the expi- (1) Registrar:— Vide Stat. 6 & 7 Gul. 4, (2) Caveat.— Vide Stat. 7 Gul. 4 & 1 c 86, s. 40. Vict. c. 22, s. 5. 1734 STATUTA GULIELMI IV, A.D. 1830—1337. S r at. 6 & 7 Gul. 4, c. 85. Limitation of prosecution. Marriages void if unduly solemnized with the know- ledge of both parties. 4 Geo. 4, c. 76. In cases of fraudulent marriages, the guilty party to forfeit all pro- perty accruing from the mar- riage, as in 4 Geo. 4, c. 76. Provisions of Registry Act extended to this act. Extent of act. ration of twenty-one days after the entry of the notice, or any certificate the issue of which shall have been forbidden as aforesaid by any person authorized to forbid the issue of the registrar's certificate, or who shall knowingly and wilfully register any marriage herein declared to be null and void, and every registrar who shall knowingly and wilfully issue any licence for marriage after the expiration of three calendar months after the notice shall have been entered by the registrar as afore- said, or who shall knowingly and wilfully solemnize in his office any marriage herein declared to be null and void, shall be guilty of felony. " XLI. And be it enacted, that every prosecution under this act shall be com- menced within the space of three years after the offence committed. " XLII. And be it enacted, that if any person shall knowingly and wilfully intermarry (1) after the said first day of March under the provisions of this act in any place other than the church, chapel, registered building, or office or other place specified in the notice and certificate as aforesaid, or without due notice to the superintendent registrar, or without certificate of notice duly issued, or without licence, in case a licence is necessary under this act, or in the absence of a registrar or superintendent registrar where the presence of a registrar or superintendent registrar is necessary under this act, the marriage of such persons, except in any case hereinafter excepted, shall be null and void : provided always, that nothing herein contained shall extend to annul any marriage legally solemnized according to the provisions of an act passed in the fourth year of his late majesty George the Fourth, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England.' " XLIII. And be it enacted, that if any valid marriage shall be had under the provisions of this act by means of any wilfully false notice, certificate, or declara- tion made by either party to such marriage, as to any matter to which a notice, certificate, or declaration is herein required, it shall be lawful for his majesty's attorney -general or solicitor-general to sue for a forfeiture (2) of all estate and interest in any property accruing to the offending party by such marriage ; and the proceedings thereupon and consequences thereof shall be the same as are provided in the like case with regard to marriages solemnized by licence before the passing of this act according to the rites of the church of England. " XLIV. And be it enacted, that this act shall be taken to be part of the said act for registering births, deaths, and marriages, as fully and effectually as if incor- porated therewith, and that all the provisions and penalties of the said act relating to any registrar or register of marriages, or certified copies thereof, shall be taken to extend to the registrars and registers of marriages to be solemnized under this act, and to the certified copies thereof, so far as the same are applicable thereunto. " XLV. And be it enacted, that this act shall extend only to England, and shall not extend to the marriage of any of the royal family." "Schedules to which this Act refers. "Schedule (A). "Notice of Marriage. " To the registrar of the district of Hendon, in the county of Middlesex. " I hereby give you notice, that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described; (that is to say,) (1) Wilfully intermarry: — Vide Stat. Geo. 4, c. 76 {ante 1226-1242). (2) Forfeiture:— Vide Stat. 4 Geo. 4, c. 76, ss. 23 & 25 {ante 1239, 1240). A STATUTA GULIELMI IV. A.D. 1830-1837. 1735 Name. Con- dition. Rank or Profession. Age. Dwelling Place. Length of Residence. Church or Building in which Mar- riage is to be solemnized. District and County in which the other Party lesides when the Parties dwell in different Districts. James Smith Widower Carpenter Of full Age 16, High Street. 23 Days Sion Chapel, West Street, Hendon, Middlesex. Tonbridge, Kent. Martha Green Spinster Minor Grove Farm. More than a Month. " Witness my hand this sixth day of May, 1 8.37. "(Signed) James Smith. " [The italics in this schedule to be filled up as the case may be.] "Schedule (B). No. 14. "Registrar's Certificate. " I, John Cox, registrar of the district of Stepney, in the county of Middlesex, do hereby certify, that on the sixth day of May notice was duly entered in the marriage notice book of the said district, of the marriage intended between the parties therein named and described, delivered under the hand of James Smith, one of the parties; (that is to say,) Name. Con- dition. Rank or Condition. Age. DweUing Place. Length of Residence. Church or Building in which Mar- riage is to be solemnized. District and County in which the other Party dwells where the Parties dwell in different Districts. James Smith Widower Carpenter Of full Age 16, High Street. 23 Days Sion Chapel, West Street, Stepney, Middlesex. Tonbridge, Kent. Martha Green Spinster Minor Grove Farm. More than a Month. " Date of notice entered, ] 6th May, 1827. rfhe issue of this certificate has not been forbidden by " Date of certificate given, j any person authorized to forbid the issue thereof. 27th May, 1837. J " Witness my hand this twenty-seventh day of May, one thousand eight hun dred and thirty-seven. " (Signed) John Cox, registrar. " This certificate will be void, unless the marriage is solemnized on or before the sixth day of August, ] 837. "[The italics in this schedule to be filled up as the case may be.] 1736 STATUTA GULIELMI IV. AD. 183C-1837. Stat. 6 & 7 "Schedule (C). Gul. 4, c. 85. . "Licence of Marriage. "A.B., superintendent registrar of to CD., of and E.F., of sendeth greeting. " Whereas ye are minded, as it is said, to enter into a contract of marriage under the provisions of an act made in the seventh year of the reign of his majesty King William the Fourth, intituled [here insert the title of this act], and are desirous that the same may be speedily and publicly solemnized ; and whereas you, CD. [or you, E.F.~] have made and subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance, or other lawful hindrance to the said marriage, and that you, CD. [or E.F.~\ have [or has] had your [or his or her] usual place of abode for the space of fifteen days last past within the district of [ ], and that you, CD. [or E.F.~], not being a widower [or widow], are [or is] under the age of twenty-one years, and that the consent of G.H., whose consent to your [or his or her] marriage is required by law, has been obtained thereto [or that there is no person having authority to give such consent] : I do hereby grant unto you full licence, according to the authority in that behalf given to me by the said act, to proceed to solemnize such marriage, and to the registrar of the district of [here insert the name of the district in which the marriage is to be solemnized] to register such marriage according to law ; provided that the said marriage be publicly solemnized in the presence of the said registrar and of two witnesses within three calendar months from the [here insert the date of the entry in the notice book of the super- intendent registrar], in the [here describe the building in which the marriage is to be solemnized], between the hours of eight and twelve in the forenoon. Given under my hand this day of one thousand eight hundred and " (Signed) A.B., superintendent registrar. "Schedule (D). " I, John Cox, registrar of the district of Stepney, in the county of Middlesex, do hereby certify, that this is a true copy of the entries of marriage registered in the said district from the entry of the marriage of John Wood and Ann Simpson, number One, to the entry of the marriage of James Smith and Martha Green, number Fourteen. Witness my hand this first day of July, 1857. " (Signed) John Cox, registrar. " [The italics in this schedule to be filled up as the case may be.]" Stat. 6 & 7 CXLI. Stat. 6 & 7 Gulielmi 4, c. 86(1). A.D. 1836. Gul. 4, c. 86. ^ ^ regiS(ering Births, Deaths (2), and Marriages, in England." " Whereas it is expedient to provide the means for a complete register of the births, deaths, and marriages of his majesty's subjects in England ; and whereas an (1) Suspended until June, 1837, by Stat. An indictment, (in Regina v. Scott, cit. 7 Gul. 4 & 1 Vict. c. 1; amended and ex- Ibid. 248, in not.) was preferred against a per- plained by Stat. 7 Gul. 4 & 1 Vict. c. 22. son named Scott, a gaoler, at the York spring Vide etiam Stat. 3 & 4 Vict. c. 92. assizes, 1842, charging, that "Henry Foster, (2) Deaths : — Tn Regina v. Fox, (2 Q. B. a prisoner, had died in the gaol; that the body 246,) where a gaoler refused to deliver up remained in the gaol, in the possession of the the body of a person, who had died while a defendant, then being gaoler; that the exe- prisoner in execution in his custody, to the cutors, as such, requested him to deliver up executors of the deceased, unless they would the body to them, and suffer them to take it satisfy certain claims made against the de- away, in order that they might bury it pro- ceased by the gaoler, the court of Queen's perly, a reasonable time having elapsed for Bench issued a mandamus, peremptory in such delivery; that it thereupon became de- the first instance, commanding, that the fendant's duty to deliver up the body, &c. body should be delivered up to the execu- but that he refused to do so, though the exe- tors. cutors, as such, were ready and willing to STATUTA GULIELMI IV. A.D. 1830—1837. 1737 act p-issed in the fifty-second year of the reign of his late majesty King George the Third, intituled, 4 An Act for the better regulating Parish and other Registers of Births, Baptisms, Marriages, and Burials in England,' and also an act passed in the fourth year of the reign of his late majesty King George the Fourth, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriages in England,' are insufficient for the purpose aforesaid ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that after the first day of March in the year one thousand eight hundred and thirty-seven so much of the said acts as relates to the registration of marriages shall be repealed. " II. And be it enacted, that it shall be lawful for his majesty to provide a proper office in London or Westminster, to be called, ' The General Register Office,' for keeping a register of all births, deaths, and marriages of his majesty's subjects in England, and to appoint for the said office under the great seal of the United Kingdom a registrar-general of births, deaths, and marriages, in England, and from time to time at pleasure to remove the said registrar-general, and appoint some other person in his room. " III. And be it enacted, that the lord treasurer or lords commissioners of his majesty's Treasury, or any three of them, or the registrar-general, subject to the approval of the said lords commissioners, shall appoint from time to time such officers, clerks, and servants as they shall deem necessary to carry on the business of the general registry office, and at pleasure remove them or any of them ; and the said lord treasurer or lords commissioners shall fix the salary of the registrar- general, so that the same shall not at any time exceed the sum of one thousand pounds yearly, and shall fix the salaries of the officers, clerks, and servants in fit proportion according to the duties they may have to perform. " IV. And be it enacted, that the salaries of the registrar-general, and of the said officers, clerks, and servants, and the amount of the sums hereinafter provided to be paid to the superintendent registrars for every entry in the certified copies of the registers, and all expenses of carrying on the business of the general registry office not herein otherwise provided for, shall be paid by the said lord treasurer or lords commissioners of his majesty's treasury out of the consolidated fund of the United Kingdom of Great Britain and Ireland. " V. And be it enacted, that one of his majesty's principal secretaries of state, or the registrar-general with the approbation of such principal seretary, from time to time may make regulations for the management of the said register office, and for the duties of the registrar-general, clerks, officers, and servants of the said office, and of the registrars, deputy registrars, and superintendent registrars hereinafter mentioned, in the execution of this act, so that they be not contrary to the provi- Stat. 6 & 7 Gul. 4, c. 86. 52 Geo. 3, c. 146. 4 Geo. 4, c. 7C>. So much of recited acts as relates to regis- tration of mar- riages, re- pealed. General registry office to be provided in London or Westminster. Lord treasurer or lords com- missioners of his majesty's treasury to appoint officers and fix salary. Salaries to be paid out of the consolidated fund. Regulations for conduct of officers to be framed under direction of secretary of state. receive it for the purpose, &c. whereof de- fendant had notice ; and that defendant un- lawfully, and in abuse of his office, without legal authority or excuse, and against the will of the executors, detained the body a long time in the gaol, to wit from, &c. until, &c, when defendant, unlawfully and inde- cently, &c. and against the will, &c. buried the body, without any rite of Christian burial, or any funeral ceremony or observ- ance, in a place not being a consecrated burial ground, or a customary or fit place for burial, to wit, a yard of and within the precincts of the gaol. There were other counts, slightly varying the statement. The second count alleged a refusal to deliver up, &c. unless the executors would account with defendant concerning certain claims of money which he pretended to have against Foster's estate, and pay defendant what should ap- pear due ; and that defendant wrongfully detained, &c. under pretext of such claims (the executors not accounting, &c.) until, &c. when he buried, &c. Plea, not guilty. " The case was tried before Mr. Justice Maule, at the York summer assizes, 1842. The defendant's counsel contended that some necessary allegations were wanting in the in- dictment, but did not object that an indict- ment would not lie. The case for the prosecu- tion having been gone through, it was sug- gested by the learned judge, and agreed, that the defendant should withdraw his plea, sub- mit to a verdict of guilty, and enter into his own recognizance to appear for judgment when called upon." But his lordship said, at the close of the case, " that the notion of a gaoler being au- thorized to detain a dead body on account of pecuniary claims, was a mistake, and that a gaoler doing so, was guilty of a misconduct in his public character, for which he was liable to prosecution." 1738 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 86. Annual ab- stract of regis- ters to be laid before parlia- ment. Districts to be formed, and registrars and superintendent registrars to be appointed. 4 & 5 Gul. 4, c. 76. Officers of unions, &c. being dismissed by guardians, &c. to cease to act under this act. Register offices to be provided in each union. sions herein contained ; and the regulations so made and approved shall be binding on the said registrar-general, clerks, officers, and servants, and on the registrars, deputy registrars, and superintendent registrars. " VI. And be it enacted, that the registrar-general shall send once in every year to one of the principal secretaries of state a general abstract of the number of births, deaths, and marriages registered during the foregoing year, in such form as the said secretary from time to time shall require ; and every such annual general abstract shall be laid before parliament within one month after receipt thereof, or after the meeting of parliament. " VII. And be it enacted, that the guardians of every union declared under the provisions of an act passed in the fifth and sixth years of his present majesty, inti- tuled, * An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales,' and also of every parish or place in which a board of guardians shall have been established under the provisions of the last- named act, shall, on or before the first day of October in this year, if the said board of guardians shall have been established before the passing of this act, or within three calendar months next after the establishment of the board, if the said board shall not have been established before the passing of this act, divide the union or the parish or place of which they are the guardians into such and so many districts as they, subject to the approval of the registrar-general, shall think fit ; and every such division when made shall be published by the guardians within the union, parish, or place of which they are guardians, in such manner as the said registrar- general shall direct ; and every such district shall be called by a distinct name, and shall be a registrar's district; and the guardians shall appoint a person, with such qualifications as the registrar-general may by any general rule declare to be necessary, to be registrar of births and deaths ( 1 ) within each district, and in every case of vacancy in the office of registrar shall forthwith fill up the vacancy ; and the clerk to the guardians of every such union, parish, or place shall, if he shall think fit to accept such office, and have such qualifications as the registrar-general may by any general rule declare to be necessary, be the superintendent registrar thereof : and in the event of his refusal or disqualification to act in that capacity, the guardians shall appoint a person, with such qualifications as the registrar- general may by any general rule declare to be necessary, to be the superintendent registrar of each union, or of such parish or place, and in every case of vacancy of the office of superintendent registrar shall forthwith fill up the vacancy; and every registrar and superintendent registrar shall hold his office during the pleasure of the registrar-general. "VIII. Provided always, and be it enacted, that in every case in which the clerk to the guardians of any union, parish, or place, or any other officer of any such union, parish, or place, shall hold any office under this act, and shall be removed by the poor law commissioners from his office in such union, parish, or place, and in every case in which any registrar or superintendent registrar shall be removed by the registrar-general from his office under this act, notice of such removal shall be forthwith given by advertisement in some newspaper circulating in the county wherein the district for which such officer may act shall be ; and every such person shall thenceforth cease to hold his office under this act, and shall be incapable of being re-appointed thereto ; provided also, that the appointment of any officer of any such union, parish, or place to any office under this act shall be subject to the approval of the poor law commissioners, except as here- inbefore directed with respect to the clerk to guardians of any such union, parish, or place. " IX. And be it enacted, that the guardians shall provide and uphold, out of the monies coming to their hands or control as such guardians, a register office, according to a plan to be approved by the registrar-general, for preserving the (1) Shall appoint a person . ... to be registrar of births and deaths:— The acting in the office of registrar of births and deaths, is, seemingly, prima facie evidence of the appointment to such office. Regina v. Price, 11 A. & E. 727. M'Gaheg v. Alston, 2 M. & W. 206. STATUTA GULIELMI IV. A.D. 1830—1837. 1739 registers to be deposited therein, as hereinafter provided ; and the care of the said Stat. 6 & 7 office and the custody of the registers deposited therein shall be given to the Gul. 4, c. 86. superintendent registrar of the union or parish or place having a board of guar- dians as aforesaid. " X. And be it enacted, that the poor law commissioners for England and Temporary Wales shall, as soon as may be after the said first day of October, form all the registrars and parishes, townships, and places in England in or for which a board of guardians JgP^^Ttobe shall not have been then established under the provisions of the said act for the app0inted for amendment of the laws relating to the poor, into temporary districts, having regard parishes not in the formation thereof to the boundaries of parishes and townships, and shall under the Poor appoint a registrar to each of such temporary districts, subject to being displaced ^aw ^ct' as hereinafter provided ; and the registrar-general shall appoint a sufficient number of fit persons to be superintendent registrars for such temporary districts, subject to being displaced as hereinafter provided, and shall appoint the districts which each shall superintend. " XI. And be it enacted, that in every case in which a board of guardians in case of sub- shall be established, under the provisions of the said act for the amendment of the sequent unions, laws relating to the poor, in or for any parish, township, or place forming part of Previous any temporary district in or for which a registrar or superintendent registrar shall to bTvacate^d have been previously appointed as last aforesaid, and as soon as a registrar or regis- trars shall have been appointed for the districts into which the guardians shall have divided the union or parish or place of which they are guardians as aforesaid, and the clerk of the guardians of such union, parish, or place shall have accepted the office of superintendent registrar, or the said guardians shall have appointed a superintendent registrar for such districts, in like manner as in the unions formed before the passing of this act, every such parish or place shall cease to be a part of the temporary district to which it was so annexed by the poor law commissioners, and every registrar, deputy registrar, and superintendent registrar, appointed before the election of such board of guardians as aforesaid in or for such parish, township, or place, shall cease to hold their respective offices, so far as relates to such parish, township, or place, unless re-appointed. " XII. And be it enacted, that for every district for which a registrar of births Deputy regis- and deaths shall be appointed by the guardians as aforesaid, the registrar shall have trars to be power, subject to the approval of such guardians, and for every district for which appointed, a registrar shall be appointed by the said poor law commissioners, such registrar shall have power, subject to the approval of such commissioners, to appoint by writing under his hand a fit person to act as his deputy in case of the illness or unavoidable absence of such registrar ; and every such deputy registrar whilst so acting shall have all the powers and duties, and be subject to all the provisions and penalties herein declared concerning registrars, and in case of the death of the regis- trar shall act as registrar until another registrar is appointed ; and every registrar shall be civilly responsible for the acts or omissions of his deputy. " XIII. And be it enacted, that the appointments of registrars, deputy registrars, Appointments and superintendent registrars, and the duplicates and certified copies of registrars to be exempt hereinafter mentioned, shall be exempt from all stamp duties. dutie88tamP " XIV. And be it enacted, that the registrar-general shall furnish to every Register boxes superintendent registrar, for the use of the registrars under his superintendence, a to be provided, sufficient number of strong iron boxes to hold the register books to be kept by such registrar ; and every such box shall be furnished with a lock and two keys, and no more ; and one of such keys shall be kept by the registrar, and the other key shall be kept by the superintendent registrar ; and the register books of each district, while in the custody of the registrar and not in use, shall be always kept in the register box, and the register box shall always be left locked. " XV. And be it enacted, that in every case in which any registrar or superin- All books, &c. tendent registrar shall be removed from or cease to hold the said office, all register to be trans- boxes, keys, books, documents, and papers in his possession as such registrar or J^^^f superintendent registrar, shall be given as soon as conveniently may be to his sue- regjstrar< cessor in office ; and if any person shall refuse to give up any such box, key, books, 1740 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 86. Registrar and deputy to dwell in the district, and theirnames and additions to be put on their dwelling houses. Register books to be provided. documents, or papers in such case as aforesaid, it shall be lawful for any justice of the peace for the county or other jurisdiction where such person shall be or reside, upon application made for that purpose, to issue a warrant under his hand and seal for bringing such person before any two justices of the peace for the said county or other jurisdiction, and upon such person appearing, or not being found, it shall be lawful for such justices to hear and determine the matter in a summary way ; and if it shall appear to the justices that any such box, key, books, documents, or papers are in the custody or power of any such person, or that he has refused or wilfully neglected to deliver the same, the said justices are hereby required to commit such offender to the common gaol or house of correction for the said county or jurisdiction, there to remain without bail until he shall have delivered up the same, or until satisfaction shall have been given in respect thereof to the person in whose custody the same ought to be; and the said justices may grant a warrant to search for such box, key, books, documents, or papers, as in the case of stolen goods, in any dwelling house or other premises in which any credible witness shall prove upon oath before them that there is reasonable cause to suspect the same to be ; and the same when found shall be delivered to the person in whose custody they ought to be. " XVI. And be it enacted, that every registrar and deputy registrar shall dwell within the district of which he is registrar or deputy registrar, and shall cause his name, with the addition of registrar or deputy registrar (as the case may be) for the district for which he shall be so appointed, to be placed in some conspicuous place on or near the outer door of his own dwelling-house ; and the superintendent registrar shall cause to be printed and published in the distriets which he shall superintend a list of the name and place of abode of every registrar and deputy registrar under his superintendence. " XVII. And be it enacted, that the registrar-general shall cause to be printed on account of the said register office a sufficient number of register books for making entries of all births (1), deaths, and marriages of his majesty's subjects in England, (1) Register boohs for making entries of all births: — In Exparte Stanford, (1 Q. B. 886,) the court, upon application for a man- damus, refused to direct a registrar of births (under Stat. 6 & 7 Gul. 4, c. 86,) to erase the registry of the birth of a child, though facts were deposed to shew, that the child was supposititious, and the entry a fraud, and though the application was made by a party having a pecuniary interest in defeat- ing the alleged fraud. It appeared that Richard Stanford, a bro- ther of the applicant, William Stanford, in August, 1838, married Anne or Angelina Dodge. William Stanford, deceased, the father of the applicant, William Stanford, by deed dated 13th March, 1839, covenanted with trustees, their executors, &c. to pay to them for the life of himself and his wife, and the survivor, if Richard Stanford or any of his issue by his then present or any future wife should so long live, but no longer, 500/. per annum; and, in case Richard Stanford and his issue should all die in the lifetime of William Stanford the father, and his wife, or of the survivor, then William Stanford the father, his heirs, executors, and administra- tors, should pay to any widow of Richard Stanford, for her life, an annuity of 150/. to commence after the annuity of 500/. should cease. The trustees were to apply the an- nuity of 500/. to the benefit of Richard Stanford, his wife, or his issue, in such pro- portions as they should think proper. Rich- ard Stanford died on 4th of October, 1840, leaving his wife surviving him. On 11th January, 1841, Mrs. Stanford, the widow of William Stanford the father, then residing near Brighton, received a letter, purporting to be written by Edward Dodge, a brother of the widow of Richard Stanford, dated Brixton Hill, stating, that his sister had that morning been delivered of a son. The birth was announced in the Brighton Ga- zette of 14th January, 1841. William Stan- ford, the applicant, on 18th January, 1841, proceeded to Brixton, and called on Mrs. Richard Stanford, who shewed him a child as the son so born. The affidavits alleged facts tending strongly to shew, that Mrs. Richard Stanford had not borne any child since her marriage, and that the child shown was supposititious. William Stanford, the father, died 28th March, 1841, possessed of considerable property, leaving William Stan- ford, the present applicant, his heir at law and one of his executors, and residuary lega- tee. The widow of William Stanford, the father, was still alive. (This was not ex- pressly alleged in the affidavits, but her death was not stated.) The child was regis- tered as the son of Richard Stanford. Alfred Joseph Dodge, another brother of Mrs. Richard Stanford, and his wife, made affi- davits containing statements to the effect that the child in question was theirs, and had subsequently been registered as such. Upon such facts Lord Denman stated: "In this case we were desirous of interpo- sing, if we had had the power; but we cannot STATUTA GULIELMI IV. A.D. 1830-1837. 1741 according to the forms of schedules (A) (B) (C) to this act annexed ; and the said register books shall be of durable materials, and in them shall be printed upon each side of every leaf the heads of information herein required to be known and regis- tered of births, deaths, and marriages respectively ; and every page of each of such books shall be numbered progressively from the beginning to the end, beginning with number one ; and every place of entry shall be also numbered progressively from the beginning to the end of the book, beginning with number one ; and every entry shall be divided from the following entry by a printed line. " XVIII. And be it enacted, that the registrar-general shall furnish to every superintendent registrar, for the use of the registrars under his superintendence, a sufficient number of register books of births and of register books of deaths, and of forms for certified copies thereof, as hereinafter provided, at a reasonable price, to be fixed from time to time by one of his majesty's principal secretaries of state, the cost whereof shall be borne by the union, parish, or place in or for which the superintendent registrar is appointed, and shall be paid by the guardians or by the churchwardens and overseers (as the case may be) out of the monies coming to their hands or control as such guardians or churchwardens and overseers, to the registrar, and shall be accounted for by him to the registrar-general ; and every registrar shall be authorized and is hereby required to inform himself carefully of every birth and every death which shall happen within his district after the said first day of March, and to learn and register, as soon after the event as conveniently may be done, without fee or reward, save as hereinafter mentioned, in one of the said books, the particulars required to be registered according to the forms in the said schedules (A) and (B) respectively touching every such birth or every such death, as the case may be, which shall not have been already registered, every such entry being made in order from the beginning to the end of the book. • XIX. And be it enacted, that the father or mother of any child born, or the occupier of every house or tenement in England in which any birth or death shall happen, after the said first day of March, may, within forty-two days next after the day of such birth or within five days after the day of such death respectively, give notice of such birth or death to the registrar of the district ; and in case any new-born child or any dead body shall be found exposed, the overseers of the poor in the case of the new-born child, and the coroner in the case of the dead body, shall forthwith give notice and information thereof, and of the place where such child or dead body was found, to the registrar ; and for the purposes of this act the master or keeper of every gaol, prison, or house of correction, or workhouse, hos- pital, or lunatic asylum, or public or charitable institution, shall be deemed the occupier thereof. "XX. And be it enacted, that the father or mother of every child born in England after the said first day of March, or in case of the death, illness, absence, or inability of the father and mother, the occupier of the house or tenement in which such child shall have been born, shall, within forty- two days next after the day of every such birth, give information, upon being requested so to do, to the said registrar, according to the best of his or her knowledge and belief, of the several particulars hereby required to be known and registered {1) touching the birth of such child. Stat. 6 & 7 Gul. 4, c. 86. Registrars to register births and deaths. Parents or occupiers of houses in which births or deaths happen, and overseers and coroners in cases of found- lings or exposed dead bodies, to give notice to the registrar. Parent or oc- cupier of house required to give particulars of birth so far as known. find that under Stat. 6 & 7 Gul. 4, c. 86, we have any authority to do so. The case, therefore, rests on the same footing as the case of a registration made before the act passed." (1) Father or mother of every child . . . . shall .... give information . ... to the said registrar . ... of the several par- ticulars hereby required to be known and registered:— Under Stat. 6 & 7 Gul. 4, c. 86, s. 20, the father of a child, if requested by the registrar within forty-two days after the birth, is bound to inform the registrar of the particulars required by the act to be registered touching the birth, and if he refuse the information on such request, he is indictable for a misdemeanor. In Regina v. Price, (11 A. & E. 727,) (which was an indictment against Benjamin Price for a misdemeanor in refusing to re- gister the birth of his child, pursuant to Stat. 6 & 7 Gul. 4, c. 86,) it appeared, that Benjamin Price, the defendant, was a house- keeper residing in High street, Birming- ham, in the year 1838; and, on 30th May in that year, his wife was delivered at his house of the child mentioned in the indict- ment. High street was situate within Saint 1742 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gttl. 4, c. 86. Registry of children born at sea. As to registry after the expi- ration of forty- two days from the birth of the child. " XXI. And be it enacted, that if any child of an English parent shall be bom at sea on board of a British vessel the captain or commanding officer of the vessel on board of which the said child shall have been born shall forthwith make a minute of the several particulars hereinbefore required to be inserted in the register touching the birth of such child, so far as the same may be known, and the name of the vessel wherein the birth took place, and shall on the arrival of such vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certi- ficate of the said minute through the post office to the registrar-general, who shall file the same, and enter a copy thereof under his hand in a book to be kept for that purpose in ' The General Register Office,' to be called ' The Marine Register Book/ and shall keep the said book with the other registers, according to the provisions of this act. " XXII. And be it enacted, that after the expiration of forty-two days follow- ing the day of the birth of any child it shall not be lawful for any registrar to register such birth, save as hereinafter is next mentioned ; provided that, in case the birth of any child shall not have been registered according to the provisions hereinbefore contained, it shall be lawful for any person present at the birth of such child, or for the father or guardian thereof, at any time within six calendar months next after the birth, to make a solemn declaration of the particulars Peter's district, which was a registrar's district for the registration of births and deaths within the same. At the time of the birth of the child, and of the request and refusal hereinafter stated, George Bynner was acting as ithe registrar of births and deaths within Saint Peter's district, and had been so acting for a considerable time pre- viously. George Bynner was examined as a witness at the trial, and stated that he was the registrar of the said district, and acted as such at the times in question; and it was objected, by the counsel for the defen- dant, that his appointment ought to be proved, which was not done. On 16th June, 1838, Bynner went to the defendant's house, had an interview with him, and told him, that he was come as registrar to register the birth of defendant's child, and asked for information as to the day on which the child was born, and the other particulars required by the statute. The defendant refused to give any of the information required, on the ground, that he intended to have the child registered at church, and that the law did not apply to members of the established church. Bynner told the defendant, that the Registry Act required every parent to give information on being requested to do so, by the registrar. The defendant said, that he objected to do so on principle, and again refused to give any of the information re- quired. On two subsequent occasions, with- in less than forty-two days of the birth of the child, the said George Bynner saw the defendant, and requested him to give him the information required by the act; and, upon the last occasion, the defendant stated, that he knew what the particulars were which were required by the act, and that he had the schedule before him at that moment. On both these occasions he refused the in- formation required, or any part of it, and never, in point of fact, did give information as to any of the several particulars required to be known and registered touching the birth of the child, but referred the person requiring such information to the registry at the church where the child had been bap- tized. The questions for the opinion of the court were; 1. whether sufficient evidence was given of the said George Bynner being the registrar of the district in question; and, 2. whether the indictment be sustainable: the verdict and judgment to be entered accord- ingly. Upon such questions, Lord Denman de- livered the judgment of the court in the following language : "Though, in the course of this argument, much doubt was raised in our minds respecting the general inten- tion of Stat. 6 & 7 Gul. 4, c. 86, whether it tendered a benefit to individuals, leaving them the option of accepting or declining it, or required them to do the acts neces- sary for completing the registration, yet we have at length come to the conclusion that the words of the twentieth section, at least, are too strong to be got over or con- trolled. The registrar would clearly be in- dictable for neglect of the various duties imposed upon him, where no provision is made for punishment by summary proceed- ing : those duties cannot be performed unless the necessary information is imparted to him. This might still leave it doubtful whether parties are bound by law to impart it; but the words of this clause are unambiguous and imperative. * The father or mother of every child born in England,' or, under the circumstances stated, ' the occupier of the house' in which the child shall have been born, ' shall within forty-two days next after the day of every such birth, give information, upon being requested so to do, to the said registrar, according to the best of his or her knowledge and belief, of the several parti- culars hereby required to be known and re- gistered touching the birth of such child.' Here is a direct and positive injunction, on persons in the defendant's situation, to give the information required of him by the re- gistrar, and by him withheld. And, looking to the general object and effect of the recent law, we cannot avoid holding that the matter STATUTA GULIELMI IV. A.D. 1830-1837. 1743 required to be known touching the birth of such child, according to the best of his or her knowledge and belief, and it shall thereupon be lawful for the said registrar then and there, in the presence of the superintendent registrar, to register the birth of the said child according to the information of the person making the said decla- ration ; and in every such case the superintendent registrar before whom the said declaration is made shall sign the entry of the birth as well as the registrar, and for every such registry as last aforesaid the superintendent registrar shall be enti- tled to have a fee of two shillings and sixpence from the person requiring the same to be registered ; and the registrar, over and above the fee hereinafter enacted in respect of every birth registered by him, shall be entitled, unless the delay shall have been occasioned by his default, to have a fee of five shillings from the person requiring the same to be registered ; and no register of births shall be given in evidence to prove the birth of any child wherein it shall appear that forty-two days have intervened between the day of the birth and the day of the registration of the birth of such child, unless the entry shall be signed by the superintendent regis- trar ; and every person who shall knowingly register or cause to be registered the birth of any child, otherwise than hereinbefore is last mentioned, after the expira- tion of forty-two days following the day of the birth of such child, shall forfeit and pay for every such offence a sum not exceeding fifty pounds. " XXIII. And be it enacted, that after the expiration of six calendar months following the birth of any child it shall not be lawful for any registrar to register the birth of such child, and no register of births, except in the case of children bom at sea, shall be given in evidence to prove the birth of any child wherein it shall appear that six calendar months have intervened between the day of the birth and the day of the registration of the birth of such child ; and every person who shall knowingly register or cause to be registered the birth of any child after the expiration of six calendar months following the day of the birth of such child shall forfeit and pay for every such offence a sum not exceeding fifty pounds. " XXIV. And be it enacted, that if any child born in England whose birth shall have been registered as aforesaid shall, within six calendar months next after it shall have been so registered, have any name given to it in baptism, the parent or guardian of such child, or other person procuring such name to be given, may, within seven days next after such baptism, procure and deliver to the registrar or superintendent registrar, in whose custody the register of the birth of the child may then happen to be, a certificate, according to the form of schedule (G) to this act annexed, signed by the minister who shall have performed the rite of baptism, which certificate such minister is hereby required to deliver immediately after the baptism, whenever the same shall be then demanded, on payment of the fee of one shilling which he shall be therefore entitled to receive ; and the said registrar or superintendent registrar, upon receipt of such certificate and on payment of the fee of one shilling, which he shall be therefore entitled to receive, shall, without any erasure of the original entry, forthwith register therein that the child was baptized by such name, and the registrar shall thereupon certify upon the said certificate the additional entry so made, and shall forthwith send the said certificate through the post office to the registrar-general. " XXV. And be it enacted, that some person present at the death or in attend- ance during the last illness of every person dying in England after the said first day of March, or in case of the death, illness, inability, or default of all such persons, the occupier of the house or tenement, or if the occupier be the person who shall have died, some inmate of the house or tenement in which such death shall have happened, shall, within eight days next after the day of such death, give informa- tion, upon being requested so to do, to the said registrar, according to the best of his or her knowledge and belief, of the several particulars hereby required to be Stat. 6 & 7 Gul. 4, c. 86. Births not to be registered after six months. Name given in baptism may be registered within six months after registration of birth. Some person present at death, or occu- pier of house, required to give particulars of death, so far as known. Registrar to is of public concern. "He is therefore brought within the prin- ciple and the very words of the decisions alluded to, having wilfully, (though in one sense innocently,) refused to do that which he was lawfully required under the act to do." 1744 STATUTA GULIELMI IV. A.D. 1830-1337. Stat. 6 & 7 Gul. 4, c. 86. make entry of rinding of jury upon coroners' inquests. Registry of persons dying at sea. Registrar to give certificate of registry of death to un- dertaker, who shall deliver the same to the minister or officiating person. Coroner may order body to be buried, and give certificate thereof. No dead body to be buried without certifi- cate of registry or of inquest. Penalty, 10/. Register to be signed by tbe informant. Registrars to make out accounts quarterly. Guardians or overseers to pay registrars. known and registered touching the death of such person : provided always, that in every case in which an inquest shall be held on any dead body the jury shall inquire of the particulars herein required to be registered concerning the death, and the coroner shall inform the registrar of the finding of the jury, and the regis- trar shall make the entry accordingly. " XXVI. And be it enacted, that if any of his majesty's English subjects shall die at sea on board of a British vessel, the captain or commanding officer of the vessel on board of which such death shall have happened shall forthwith make a minute of the several particulars hereinbefore required to be inserted in the register touching such death, so far as the same may be known, and the name of the vessel wherein the death took place, and shall, on the arrival of 3uch vessel in any port of the United Kingdom, or by any other sooner opportunity, send a certificate of the said minute through the post-office to the registrar-general, who shall file the same and enter a copy thereof under his hand in the marine register book, and keep the same with the other registers, according to the provisions of this act. „ " XXVII. And be it enacted, that every registrar, immediately upon register- ing any death, or as soon thereafter as he shall be required so to do, shall, without fee or reward, deliver to the undertaker or other person having charge of the funeral a certificate under his hand, according to the form of schedule (E) to this act annexed, that such death has been duly registered, and such certificate shall be delivered by such undertaker or other person to the minister or officiating person who shall be required to bury or to perform any religious service for the burial of the dead body, and if any dead body shall be buried for which no such certificate shall have been so delivered, the person who shall bury or perform any funeral or any religious service for the burial shall forthwith give notice thereof to the regis- trar : provided always, that the coroner, upon holding any inquest, may order the body to be buried, if he shall think fit. before registry of the death, and shall in such case give a certificate of his order in writing under his hand, according to the form of schedule (F) to this act annexed, to such undertaker or other person having charge of the funeral, which shall be delivered as aforesaid; and every person who shall bury or perform any funeral or any religious service for the burial of any dead body for which no certificate shall have been duly made and delivered as aforesaid, either by the registrar or coroner, and who shall not within seven days give notice thereof to the registrar, shall forfeit and pay any sum not exceeding ten pounds for every such offence. " XXVIII. And be it enacted, that every person by whom the information contained in any register of birth or death under this act shall have been given shall sign his name, description, and place of abode in the register ; and no register of birth or death according to this act shall be given in evidence which shall not be signed by some person professing to be the informant, and to be such party as is herein required to give such information to the registrar. " XXIX. And be it enacted, that every registrar shall make out an account four times in every year of the number of births and deaths which he shall have registered since the last quarterly account, and the superintendent registrar shall verify and sign the same; and the guardians or overseers of the parish (1), town- ship, or place in or for which he shall be registrar, on production of the said account so verified and signed, shall pay to the said registrar, out of the monies in their hands or power as such guardians or overseers, such sums as he shall be entitled to receive on the said account according to the following scale ; (that is to say,) for the first twenty entries of births and deaths in every year which he shall have registered, whether the same be of births or of deaths indiscriminately, two shillings and sixpence each, and one shilling for every subsequent entry of births or deaths in each year ; and in the case of an union the said several sums shall be (1) Overseers of the parish: — The ap- pointment of a person who is registrar of births, deaths, and marriages, as overseer of the poor, is not void ; and in order to render it so, the overseer must appeal to the ses- sions, under Stat. 43 Eliz. c. 2, s. 6. Re- gina v. Cheshire (Justices of), 4 Jurist, 484. STATUTA GULIELMI IV. A.D. 1330—1837. 1745 Marriage registers to be kept in dupli- cate. charged to the account of the parishes in which such births or deaths respectively Stat. 6 & 7 shall have occurred. Gul. 4, c. 86. " XXX. And be it enacted, that the registrar-general shall furnish or cause to Marriage be furnished to the rector, vicar, or curate of every church and chapel in England register books Wherein marriages may lawfully be solemnized, and also to every person whom to be Provlded» the recording clerk of the society of friends commonly called quakers, at their central office in London, shall from time to time certify in writing under his hand to the registrar-general to be a registering officer in England of the said society, and also to every person whom the president for the time being of the London committee of deputies of the British Jews shall from time to time certify in writing under his hand to the registrar-general to be the secretary of a synagogue in England of persons professing the Jewish religion, a sufficient number in dupli- cate of marriage register books, and forms for certified copies thereof, as hereinafter provided ; and the cost of all such books and forms shall be paid by the church- wardens and overseers of the parish or chapelry out of the monies in their hands as such churchwardens and overseers, or by the registering officer or secretary respectively to whom the same shall be furnished. " XXXI. And be it enacted, that every clergyman of the church of England, immediately after every office of matrimony solemnized by him, shall register in duplicate in two of the marriage register books the several particulars relating to that marriage according to the form of the said schedule (C): and every sucli registering officer of the quakers, as soon as conveniently may be after the solem- nization of any marriage between two quakers in the district for which he is regis- tering officer ; and every such secretary of a synagogue, immediately after every marriage solemnized between any two persons professing the Jewish religion, of whom the husband shall belong to the synagogue whereof he is secretary, shall register or cause to be registered in duplicate in two of the said marriage register books the several particulars relating to that marriage according to the form of the said schedule (C); and every such registering officer or secretary, whether he shall or shall not be present at such marriage, shall satisfy himself that the proceedings in relation thereto have been conformable to the usages of the said society, or of the persons professing the Jewish religion, as the case may be ; and every such entry as hereinbefore is mentioned (whether made by such clergyman or by such registering officer or secretary respectively as aforesaid) shall be signed by the clergyman or by the said registering officer or secretary, as the case may be, and by the parties married, and by two witnesses, and shall be made in order from the beginning to the end of each book, and the number of the place of entry in each duplicate marriage register book shall be the same. "XXXII. And be it enacted, that in the months of April, July, October, and Certified copies January, on such days as shall from time to time be appointed by the registrar- of registers of general, every registrar shall make, and deliver to the superintendent registrar of JjjjjJjJ *ndb his district, on durable materials, a true copy, certified by him under his hand sent quarterly, according to the form of schedule (D) to this act annexed, of all the entries of and the register births and deaths in the register book kept by him since the last certificate, the hooks, when first of such certificates to be given in the month of July in the year one thousand eight hundred and thirty-seven, and to contain all the entries made up to that time ; and the superintendent registrar shall verify the same, and if found to be correct shall certify the same under his hand to be a true copy ; and if there shall have been no birth or death registered since the delivery of the last certificate, the registrar shall certify the fact, and such certificate shall be delivered to the super- intendent registrar as aforesaid, and countersigned by him ; and the registrar shall keej) safely each of the said register books until it shall be filled, and shall then deliver it to the superintendent registrar, to be kept by him with the records of his office. " XXXIII. And be it enacted, that the rector, vicar, or curate of every such church and chapel, and every such registering officer and secretary, shall, in the months of April, July, October, and January respectively, make and deliver to the superintendent registrar of the district in which such church or chapel may filled, to the superintendent registrar. Duplicates and certified copies of registers of marriages to 1746 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 86. be sent to superintendent registrar. Superintend- ent registrars to send certi- fied copies of registers to the general register office. Searches may be made, and certificates given by the persons keep- ing the regis- ters. Indexes to be made at the superintendent registrar's office, and persons allowed to search them. Indexes to be kept at general register office. Searches allowed, and certified copies given. be situated, or which may be assigned by the registrar-general to such registering officer or secretary, on durable materials, a true copy certified by him under his hand of all the entries of marriages in the register book kept by him since the last certificate, the first of such certificates to be given in the month of July, one thou- sand eight hundred and thirty-seven, and to contain all the entries made up to that time, and if there shall have been no marriage entered therein since the last certificate, shall certify the fact under his hand, and shall keep the said marriage register books safely until the same shall be filled ; and one copy of every such register book, when filled, shall be delivered to the superintendent registrar of the district in which such church or chapel may be situated, or which shall have been assigned as aforesaid to such registering officer or secretary, and the other copy of every such register book kept by any such rector, vicar, or curate shall remain in the keeping of such rector, vicar, or curate, and shall be kept by him with the registers of baptisms and burials of the parish or chapelry within which the mar- riages registered therein shall have been solemnized ; and the other copy of every such register book of marriages among the people called quakers, and among per- sons professing the Jewish religion respectively, shall remain under the care of the said people or persons respectively, to be kept with their other registers and records, and shall, for the purposes of this act, be still deemed to be in the keeping of the registering officer or secretary for the time being respectively. " XXXIV. And be it enacted, that every superintendent registrar shall, four times in every year, on such days as shall be therefore named by the registrar- general, send to the registrar-general all the certified copies of the registers of births, deaths, and marriages which he shall have so received during the three calendar months next preceding such quarterly days of transmission respectively ; and if it shall appear, by interruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, he shall procure, as far as possible, consistently with the provisions of this act, that the same may be remedied and supplied ; and every such superintendent registrar shall be entitled to receive the sum of two-pence for every entry in such certified copies ; and every superintendent registrar shall make out an account four times in every year of the number of entries in the certified copies sent to him during the last quarter, and the certified copies so sent to the general registry office shall be thereafter kept in the said office in such order and manner as the registrar-general, under the direction of the secretary of state, shall think fit, so that the same may be most readily seen and examined. " XXXV. And be it enacted, that every rector, vicar, or curate, and every registrar, registering officer, and secretary, who shall have the keeping for the time being of any register book of births, deaths, or marriages, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy certified under his hand of any entry or entries in the same, on payment of the fee hereinafter mentioned ; (that is to say,) for every search extending over a period not more than one year the sum of one shilling, and sixpence additional for every additional year, and the sum of two shillings and sixpence for every single certificate. " XXXVI. And be it enacted, that every superintendent registrar shall cause indexes of the register books in his office to be made, and kept with the other records of his office: and that every person shall be entitled at all reasonable hours to search the said indexes, and to have a certified copy of any entry or entries in the said register books under the hand of the superintendent registrar, on payment of the fees hereinafter mentioned ; (that is to say,) for every general search the sum of five shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence. " XXXVII. And be it enacted, that the registrar-general shall cause indexes of all the said certified copies of the registers to be made and kept in the general register office ; and that every person shall be entitled, on payment of the fees hereinafter mentioned, to search the said indexes between the hours of ten in the morning and four in the afternoon of every day, except Sundays, Christmas Day, STATUTA GULIELMI IV. A.D. 1830-1837. 1747 and Good Friday, and to have a certified copy of any entry in the said certified copies of the registers ; and for every general search of the said indexes shall be paid the sum of twenty shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence, and no more, shall be paid to the registrar- general or such other officer as shall be appointed for that purpose on his account. « XXXVIII. And be it enacted, that the registrar-general shall cause to be made a seal of the said register office, and the registrar-general shall cause to be sealed or stamped therewith all certified copies of entries given in the said office ; and all certified copies of entries purported to be sealed or stamped with the seal of the said register office shall be received as evidence (1) of the birth, death, or mar- riage to which the same relates, without any further or other proof of such entry, and no certified copy purporting to be given in the said office shall be of any force or effect which is not sealed or stamped as aforesaid. " XXXIX. And be it enacted, that every sum received under the provisions of this act by or on account of the registrar-general shall be accounted for and paid by the registrar-general, at such times as the lords commissioners of the treasury from time to time shall direct, into the bank of England, to the credit of his majesty's exchequer, according to the provisions of an act passed in the fourth and fifth years of his majesty, intituled, * An Act to regulate the Office of the Receipt of His Majesty's Exchequer at Westminster.' " XL. And be it enacted, that it shall be lawful for every clergyman of the church of England who shall solemnize any marriage in England, and for every registering officer of the quakers, and every secretary of a synagogue, after the said first day of March to ask the parties married the several particulars herein required to be registered touching such marriage. " XLI. And be it enacted, that every person who shall wilfully make or cause to be made, for the purpose of being inserted in any register of birth, death, or marriage, any false statement (2) touching any of the particulars herein required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury. " XLII. And be it enacted, that every person who shall refuse or without rea- sonable cause omit to register any marriage solemnized by him, or which he ought to register, and every registrar who shall refuse or without reasonable cause omit to register any birth or death of which he shall have had due notice as aforesaid, (1) Certified copies of entries shall be received as evidence : — In Tomlins v. Tomlins, (3 Jurist, 167,) where the regis- trar of a court of Equity refused to draw up an order upon a certificate of death hy the district registrar, on the ground, that the re- gistrar-general's certificate was the only legal evidence : it was held, that no clause in Stat. 6 & 7 Gul. 4, c. 86, makes the district regis- trar's certificate good evidence, but that an affidavit by a person present at the death was sufficient, without resorting to a certificate under such statute. (2) False statement :~Stat. 6 & 7 Gul. 4, c. 86, s. 41, which directs that a register of all births, &c, shall be kept, does not give the court of Queen's Bench any power to interfere by mandamus to correct a false entry on the registry ; thus, In re the Regis- trar of Births, fyc, at Brixton, (9 Dowl. P. C. 927,) an application was made for a mandamus to the superintendent registrar of hirths, &c, at Brixton, to command him to erase from the register an entry, recording the birth of a male child as having taken place in February last, and therein described as the lawful son of two married persons, or to command him to insert on the Stat. 6 & 7 Gul. 4, c. 86. Certified copies given at general registry office to be sealed. margin of the register a statement, that the entry of such birth had been made by him upon the fraudulent representation of cer- tain parties named in the affidavits, on which the motion was founded : — but Lord Denman observed, "We shall certainly do what is asked, if we possess the power, but, at pre- sent, we doubt, whether we do possess it. The statute does not seem to have been framed to meet a case of this kind. The only provision relating to the correction of errors in the register, is contained in the 44th section, and that section merely speaks of errors committed in the form or substance of the entry, which are to be corrected in the presence of certain persons therein named, the parents of the child being expressly men- tioned. We will consider the application, and state in a day or two our opinion." Lord Denman afterwards stated, "The facts of this case are certainly such, as to make us desirous of interposing to prevent what appears to be an attempt, by some par- ties, to commit a gross fraud. But upon full consideration of the provisions of the statute, we think we have not the power to interfere in the way proposed. There will, consequently, be no rule." 5 T 2 Fees for searches in the general registry office to be accounted for to the Exche- 4, quer. 4 & 5 Gul. c. 15. Clergymen, &c. may ask parties married the particulars required. Penalty for wilfully giving false information. Penalty for not duly register- ing births, deaths, and marriages, or 1748 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 8( for losing or injuring the registers. Penalty for destroying or falsifying re- gister books. Accidental errors may be corrected. Recovery of penalties. Appeal. and every person having the custody of any register book, or certified copy thereof, or of any part thereof, who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall forfeit a sum not exceed- ing fifty pounds for every such offence. " XLIII. And be it enacted, that every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any such register book, or any part or certified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any such register book or certified copy thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry of any birth, death, or marriage, or shall wil- fully give any false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same register to be false in any part thereof, or shall forge or counterfeit the seal of the register office, shall be guilty of felony. " XLIV. Provided always, and be it enacted, that no person charged with the duty of registering any birth, death, or marriage, who shall discover any error to have been committed in the form or substance of any such entry, shall be there- fore liable to any of the penalties aforesaid if within one calendar month next after the discovery of such error, in the presence of the parents of the child whose birth may have been so registered, or of the parties married, or of two persons attending upon any person in his or her last illness whose death may have been so registered, or in case of the death or absence of the respective parties aforesaid, then in the presence of the superintendent registrar and of two other credible witnesses who shall respectively attest the same, he shall correct the erroneous entry according to the truth of the case, by entry in the margin, without any alteration of the ori- ginal entry, and shall sign the marginal entry, and add thereunto the day of the month and year when such correction shall be made ; provided also, that in the case of a marriage register he shall make the like marginal entry, attested in like manner in the duplicate marriage register book to be made by him as aforesaid, and in every case shall make the like alteration in the certified copy of the register book to be made by him as aforesaid, or in case such certified copy shall have been already made, provided he shall make and deliver in like manner a separate certified copy of the original erroneous entry, and of the marginal correc- tion therein made. " XLV. And be it enacted, that all fines and forfeitures by this act imposed, unless otherwise directed, shall be recovered before any two justices of the peace for the county, city, or place where the offence shall have happened, upon the information or complaint of any person ; and if on the conviction of the offender, either on his or her confession, or by the oath of any one or more credible witness or witnesses, (which oath such justices are hereby empowered to administer,-) such fines or forfeitures, with the costs of the conviction, shall not be forthwith paid, the same shall be levied by distress and sale of the goods and chattels of the offender, by wan-ant under the hand and seal of such justices ; and for want of distress such justices may commit every such offender to the common gaol or house of correction for the county, city, or place where the offender shall be committed, without bail or mainprize, for any term not exceeding one calendar month, unless such fine and forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid ; and one moiety of all such fines and forfeitures shall go to the person who shall inform and sue or prosecute for the same, and the other moiety shall go to the registrar-general, or to such other person as the lords commissioners of the treasury shall appoint, for the use of his majesty ; and no distress made by virtue of this act shall be deemed unlawful, nor shall the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, or warrant of distress, or on account of any irregularity which shall be afterwards committed by the party distraining, but the person or persons aggrieved by such irregularity shall recover full satisfaction for the special damages sustained in an action on the case. " XLVI. And be it enacted, that in all cases where the sum adjudged to be paid on any such summary conviction shall exceed five pounds, any person con- STATUTA GULIELMI IV. A.D. 1830—1837. 1749 victed may appeal to the next court of general or quarter sessions which shall he holden not sooner than twelve days after the day of such conviction for the county or other district wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded ; and upon such notice being given, and such recognizances being entered into, the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs, to either party, as to the court shall seem meet, and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. "XLVI1. And be it enacted, that no such conviction or adjudication made on appeal therefrom shall be quashed for want of form, or be removed by certiorari or otherwise into any of his majesty's superior courts of Record, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same. " XLVIII. And be it enacted, that the registrar-general may receive and send by the general post from and to places in England all letters and packets relating exclusively to the execution of this act free from the duty of postage, provided that such letters and packets as shall be sent to the registrar-general be directed to the ' Registrar- General of Births, Deaths, and Marriages,' at his office, and that all such letters and packets as shall be sent by the registrar-general shall be in covers, with the words ' Registrar- General of Births, Deaths, and Marriages,' printed on the same, and be sealed with the seal of the said register office, and be signed on the outside thereof under such words with the name of such person as the said registrar-general, with the consent of the lords commissioners of the trea- sury, or any three or more of them, shall appoint, in his own handwriting, (such name to be from time to time sent to the secretary of the general post-office, in London,) and under such other regulations as the said lords commissioners, or any three or more of them, shall think fit ; and if the person so to be appointed shall subscribe or seal any letter or packet whatever, except such only concerning which he shall receive the special direction of his superior officer, or which he shall him- self know to relate exclusively to the execution of this act, or if the person so to bo appointed, or any other person, shall send or cause to be sent under any such cover any letter, paper, or writing, or any inclosure, other than shall relate exclu- sively to the execution of this act, every person so offending shall forfeit and pay the sum of one hundred pounds, and be dismissed from his office ; one moiety of such penalty to be paid to the use of his majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same ; to be sued for and recovered in any of his majesty's courts of Record at Westminster. " XLIX. Provided always, and be it enacted, that nothing herein contained shall affect the registration of baptisms or burials as now by law established, or the right of any officiating minister to receive the fees now usually paid for the perform- ance or registration of any baptism, burial, or marriage. " L. And be it further enacted, that the said registrar-general shall, within three calendar months after his appointment to such office, furnish to the respec- tive guardians of every union, parish, or place, printed notices, which the said guardians shall, as soon as conveniently may be after the receipt thereof, cause to be fixed or placed on the outside of the several church and chapel doors, or other public and conspicuous buildings or places, within their respective unions, parishes, or places, and which said notices shall specify the several acts required to be done Stat. 6 & 7- Gul. 4, c. 86. No certiorari. Correspond- ence of regis- trar-general relating to this act to be free of postage. Registers of baptisms and burials may be kept as here- tofore. Registrar- general to furnish notices to guardians of unions, &c. specifying acts required to be done by parties registering. 1750 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 by persons who may be desirous of solemnizing marriage, or of registering the Gul. 4, c. 86. birth of any child or the death of any person, under the provisions of this act." " Schedules to which this Act refers. " Schedule (A). 1 836.— Births in the District of Marylebone, North, in the County of Middlesex. No. When Bom. Name, if any. Sex. Name and Surname of Father. Name and Maiden Surname of Mother. Rank or Profession of Father. Signature, De- scription, and Residence of Informant. When regis- tered. Signature of Registrar. Baptismal Name, if added after Registration of Birth. Jlh Jan- uary. James. Boy. William Green. Rebecca Green, formerly Jennings. Carpenter. William Green, Father, Carpenter, 17, North Street, Marylebone. 9th Jan- uary. John Cox, Registrar. " [The words and figures in italics in this schedule to be filled in as the case may be.] Schedule (B). 1 836. — Deaths in the District of Marj/lebone, North, in the County of Middlesex. No. When Died. Name and Surname. Sex. Age. Rank or Profession. Cause of Death. Signature, Description, and Residence of Informant. When regis- tered. Signature of Registrar. 17 4th Feb- ruary. William Green. Mais. 43 Carpenter. Rebecca Green, Widow, 17, North Street, Marylebone. 5th Feb- ruary. John Cox, Registrar. " [The words and figures in italics in this schedule to be filled in according as the case may be.] « Schedule (C). 183^.— Marriages solemnized at the Parish Church in the Parish of Marylebone in the County of Middlesex. No. When Married. Name and Surname. Age. Condition. Rank or Profession. Residence at the Time of Marriage. Father's Name and Surname. Rank or Profession of Father. 1 17 March, 1856. William Hastings. Sophia Ann Mitchell. Of full Age. Minor. Bachelor. Spinster. Carpenter. 3, South Street. 17, High Street. Peter Hastings. Geoffry Mitchell. Upholsterer. Butcher. " Married in the Parish Cfiurch, according to the rites and ceremonies of the Established Church, by licence, or after banns, by me, "James Hollingshead, Vicar. " This marriage was solemnized ( William Hastings, 1 in the 1 John Hastings. between us, \ Sophia Anne Mitchell j presence of us, / Geoffry Mitchell. " [The words and figures in italics in this schedule to be filled in as the case may be.] STATUTA GULIELMI IV. A.D. 1830—1837. 1751 <• Schedule (D). ^tat 6 & 7 x ' Gul. 4, c. 8o. « I, John Cox, registrar of births and deaths in the district of Marylebone, North 'm the county of Middlesex, do hereby certify, that this is a true copy of the registrar's book of births [or deaths] within the said district, from the entry of the birth [or death] of James Green, No. /, to the entry of the birth [or death] of William Strange, No. 34. Witness my hand this seventh day of March, 1 838. " John Cox, registrar. « Schedule (E). '< I, JoArc Cox, registrar of births and deaths in the district of Marylebone, North, in the county of Middlesex, do hereby certify, that the death of Henry Hastings was duly registered by me on the seventh day of March, 1836. Witness my hand this eighth day of March, 1 836. i(John Cox, registrar. "Schedule (F). « 1, James Smith, coroner for the county of Dorset, do hereby order the burial of the body now shown to the inquest jury as the body of John Jones. Witness mv hand this eighth day of March, 1836. "James Smith, coroner. « Schedule (G). "I, Gilbert Elliott, vicar of Barming, in the county of Kent, do hereby certify, that I have this day baptized by the name of Thomas a male child, produced to me by William Green, as the son of William Green and Rebecca Green, and declared by the said William Green- to have been born at Marylebone, in the county of Middlesex, on the seventh day of January, 1836. Witness my hand this first day of December, \838> "Gilbert Elliott, vicar. w [The words and figures in italics in the above schedules to be filled in as the case may be.]" CXLII. Stat. 6 & 7 Gulielmi 4, c. 87 (1). A.D. 1836. Stat< 6 & 7 "An Act for extinguishing the Secular Jurisdiction of the Archbishop of York **CL" 4' c* ^* and the Bishop of Ely in certain Liberties in the Counties of York, Nottingham, and Cambridge." " Whereas it is expedient to put an end to the secular jurisdiction of the Arch- bishop of York in the liberty of Ripon in the west and north ridings of the county of York, and in the liberty of Cawood, Wistow, and Otley in the said west riding, and in the soke of Southwell in the county of Nottingham, and to the secular juris- diction of the Bishop of Ely in the isle of Ely in the county of Cambridge ; be it Secular juris- enacted by the king's most excellent majesty, by and with the advice and consent diction of of the lords spiritual and temporal, and commons, in this present parliament york^inth ° assembled, and by the authority of the same, that all the secular authority of the places herein Archbishop of York in the said liberty of Ripon, in the said liberty of Cawood, mentioned to Wistow, and Otley, and in the said soke of Southwell, shall, from and after the cease- passing of this act, cease and determine, and shall become and be transferred to and vested in his majesty, his heirs and successors. "II. And be it further enacted, that the several towns, parishes, and places Towns, &c. within the said liberty of Ripon, and the said liberty of Cawood, Wistow, and ove.r which ms Otley respectively, shall severally be deemed and taken to be distinct liberties, in g*tended°to the same way as they have heretofore been, and shall enjoy all the same rights, enjoy their privileges, and exemptions which they have heretofore enjoyed, save only that all privileges as heretofore. (1) Amended by Stat. 7 Gul. 4 & 1 Vict. c. 53. 1752 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 87. Justices of peace for Southwell. Secular juris- diction of Bishop of Ely to cease. secular powers and authorities heretofore exercised by the Archbishop of York within the said liberties, or either of them, shall henceforth be exercised by his majesty, his heirs and successors; and all persons now holding any office in the said liberties or either of them shall continue to hold the same in the same way as if this act had not been passed. " III. And be it further enacted, that no new commission of the peace shall be henceforth issued for the said soke of Southwell, but the justices of the peace for the said county of Nottingham shall within the said soke of Southwell exercise the same jurisdiction, both in and out of sessions, as within every other part of such county ; any charter or custom to the contrary notwithstanding. " IV. And be it further enacted, that all the secular authority of the Bishop of Ely in the isle of Ely in the county of Cambridge, and all authority of the chief justice of Ely heretofore appointed by the Bishop of Ely, shall, from and after the passing of this act, cease and determine ; and all the secular authority of the said bishop shall become and be vested in his majesty, his heirs and successors ; pro- vided always, that nothing herein contained shall prevent any justice of the peace now acting for the said liberties, soke, and isle respectively from continuing to act as such within the limits of their respective jurisdictions as if this act had not been County rates of Ripon and isle of Ely. Custos rotu- lorum of west riding and of Nottingham- shire. Custos rotu- lorum of Ely. Assizes, &c. for Ely to be held under 3 & 4 Gul. 4, c. 71. Quarter ses- sions of isle of Ely. Clerks of the peace. " V. And be it further enacted, that the county rates for the said liberty of Ripon and for the said isle of Ely shall remain, as heretofore, distinct from the rates for the rest of the counties of York and Cambridge respectively, and shall be assessed and levied and paid and applied by and under the order and direction of the justices of the peace for the said liberty and isle respectively as if the same were separate counties, but in all other respects under the same regulations as are applicable to the rates of other counties in England. " VI. And be it enacted, that the custos rotulorum of the said west riding of Yorkshire shall become the keeper of the records of the court of sessions of the peace of the said liberty of Ripon, and of the said liberty of Cawood, Wistow, and Otley, and that the custos rotulorum of the said county of Nottingham shall become the keeper of the records of the court of sessions of the peace of the said soke of Southwell, and that the records of the said several courts shall be delivered to the said respective keepers accordingly. " VII. And be it enacted, that it shall be lawful for his majesty, his heirs and successors, to appoint from time to time such person as he and they shall think fit to be custos rotulorum of the said isle of Ely. " VIII. And be it enacted, that the assizes and sessions under the commissions of gaol delivery and other commissions for the despatch of civil and criminal busi- ness in the said county of Cambridge, including the said isle of Ely, shall be holden in such manner and at such place or places as shall be directed by his majesty in council under the provisions of an act passed in the third and fourth years of his present majesty's reign, intituled, 4 An Act for the Appointment of convenient Places for the holding of Assizes in England and Wales.' " IX. And be it further enacted, that separate commissions of the peace shall continue to be issued for the said two liberties and isle respectively as heretofore ; and the sessions of the peace for the said liberties and isle respectively shall be holden by and before the justices of the peace for the time being acting in and for the said liberties and isle respectively in like manner as the same have hitherto been holden. " X. And be it further enacted, that the present clerks of the peace for the said liberty of Ripon, and for the said liberty of Cawood, Wistow, and Otley, and for the said isle of Ely respectively, shall continue clerks of the peace for the said liber- ties and isle respectively during their lives, or until resignation or other determi- nation of their offices, and that thenceforth the clerks of the peace for the said liberty of Ripon, and for the said liberty of Cawood, Wistow, and Otley, shall be appointed by the custos rotulorum of the said west riding for the time being, and the clerk of the peace for the said isle of Ely shall be appointed by the custos rotu- lorum thereof for the time being, and shall be subject and liable to the same laws ST A ITT A (IULIELMI IV. A.D. 1830—1837. 1753 in all respects as the clerks of the peace in other counties of England ; and that the preseni coroner of the liberty of Ripon shall continue coroner during his life, or so long as he shall well behave himself ; and upon the death, removal, or resignation of such coroner, and upon every future vacancy of the office, a coroner shall be chosen by the freeholders of the said liberty of Ripon in like manner as coroners are chosen in the case of other counties or divisions of counties in England. " XI. And be it enacted, that all persons residing within the said liberty of Ripon, who by the laws now in force would be qualified and liable to serve on grand juries in courts of sessions of the peace, and on petty juries for the trial of issues in courts of sessions of the peace, holden for the county of York, if the said liberty were destroyed and the district comprised therein made for all purposes part of the said county, shall be qualified and liable to serve on such juries in courts of sessions of the peace holden within the said liberty ; and all persons who by the laws now in force would be exempted from serving on such juries, if the said dis- trict were for all purposes made part of the said county, shall in like manner be exempted from serving on such juries within the said liberty. " XII. And be it further enacted, that the present chief bailiff for the said isle of Ely shall continue chief bailiff of the said isle until resignation or other determi- nation of his office, and that thenceforth it shall be lawful for his majesty, his heirs and successors, to appoint from time to time such person as he or they shall think fit to be chief bailiff of the said isle. " XIII. And be it further enacted, that no person shall from and after the passing of this act be committed to the gaol at Ely, but all persons who, if this act had not passed, might have been committed to or confined in such gaol, may be committed to and confined in the gaol at Cambridge, and the justices of the said isle of Ely shall have full power to commit to the said gaol at Cambridge ; and all persons who at the time of the passing of this act shall be confined in the said gaol at Ely shall, as soon as may be after the passing of this act, be delivered up by the keeper of the said gaol at Ely to the keeper of the said gaol at Cambridge, together with the warrant or instrument under or by virtue whereof every such person shall be then detained in custody, and the keeper of the said gaol at Cambridge shall receive and detain such persons in custody in the same way as if such persons had originally been committed to his custody. " XIV. And be it enacted, that the houses of correction at Ely and Wisbech in the said isle shall remain, and the present keepers thereof shall be continued in office during the pleasure of the justices of the peace for the said isle in quarter sessions assembled ; and the keepers thereof shall be appointed by the said justices so assembled as in other counties of England. " XV. And be it enacted, that all the regulations respecting juries and jurors for counties in England shall after the passing of this act be applied to the isle of Ely as well as to the rest of the county of Cambridge, and the sheriff of the counties of Cambridge and Huntingdon shall have the same power of summoning jurors in the said isle of Ely which he has in the rest of the said county of Cam- bridge, and all persons residing in the said isle shall be liable to serve on juries for the said county in the same manner as persons residing in other parts of the same county. " XVI. And be it enacted, that the present coroners of the said isle of Elv shall continue coroners respectively during their respective lives, or so long as they shall respectively well behave themselves ; and that upon the death, removal, or resignation of either of them, and upon every future vacancy of the office, a coroner shall be chosen by the freeholders of the said isle in like manner as coroners are chosen in the case of other counties or divisions of counties of England ; and the said coroners for the time being shall be entitled to demand and take the same fees, recompense, and benefit as are given to or provided for the coroners by an act made and passed in the twenty-fifth year of the reign of his late majesty King George the Second, intituled, ' An Act for giving a proper Reward to Coroners for the due Execution of their Office, and for the Removal of Coroners on lawful Conviction of certain Misdemeanors,' and shall as such coroners be subject to all the provisions of the said act. Stat. 6 & 7 Gul. 4, c. 87. Coroner for Ripon. Who shall be qualified to serve on juries in Ripon. Chief bailiff of the isle of Ely. Gaol at Ely abolished, and prisoners to be confined in Cambridge gaol. Houses of cor- rection and their keepers to remain. Regulations respecting juries in Ely. Present coro- ners of Ely continued, and future vacan- cies provided for. 25Geo.2,c.29. 1754 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul. 4, c. 87. Compensation to persons affected by the provisions of the act. Restrictions as to compensa- tions. Reservation of patent fees to patentees for life. Reservation of all profits to the sees. The Bishop of Ely to take and hold sub- ject to future provisions. Chief justice of Ely to act under commis- sion of assize, ike. already issued. " XVII. And whereas it is expedient that due provision shall be made for the compensation of any persons holding offices which have been usually held for life, for the loss they may sustain by the abolition of their offices by virtue or in conse- quence of this act ; be it therefore enacted, that from and after the commencement of this act there shall be issued, paid, and payable out of and charged upon the consolidated fund of the United Kingdom of Great Britain and Ireland to the said officers respectively, free and clear of all taxes and deductions whatsoever, such sum of money at such times, by way of annuity or otherwise, as shall be adjudged and determined to be due to them by the commissioners of his majesty's treasury of the United Kingdom of Great Britain and Ireland, or any three of them, who shall have full power to inquire into and ascertain the amount of such compensation, having regard to the nature and value of the office, the mode of appointment thereto, the tenure thereof, and all the circumstances of the case. " XVIII. Provided always, and be it enacted, that no such officer shall be enti- tled to receive any such compensation unless he shall previously make a full and true statement to the said commissioners of his majesty's treasury, to be verified on oath before a judge or master or master extraordinary in Chancery, if they shall think fit so to direct, of the amount of his salary and fees, and of the disburse- ments and outgoings of the same, for the space of ten years before the passing of this act ; and that such compensation shall cease altogether or be reduced in amount, as the case may be, whenever he shall be placed in any other public office of which the salary and emoluments shall be equal to the whole or to part of such compensation ; nor in the last-mentioned case shall be entitled to receive more of such compensation than shall be equal to the difference between the full amount thereof and the amount of the salary and emoluments of the office in which he may be hereafter placed. "XIX. And be it further enacted, that nothing in this act contained shall affect the right of any person holding a patent for his life of any office, whether abolished by this act or not, to receive during his life any fee or stipend granted by such patent out of the revenues of the said respective sees. "XX. And be it further enacted, that nothing hereinbefore contained shall have the effect of severing or separating from the said archbishopric or bishopric any lordships, manors, houses, lands, tenements, tithes, rents, collieries, mines, minerals, rectories, advowsons, profits or emoluments of any kind or description whatsoever, whether held in right of the said sees, other than and except only any profits and emoluments hereinbefore expressly mentioned and directed to be severed therefrom. " XXI. And be it enacted, that from and after the passing of this act the Bishop of Ely for the time being shall take and hold the said bishopric, and all the pro- perty, patronage, and rights belonging thereto, except as hereinbefore provided, subject to and under any provisions which shall be made by or under the autho- rity of parliament with respect to the said bishopric within the space of three years next after the passing of this act ; any law, statute, or canon to the contrary not- withstanding. " XXII. Provided always, and be it further enacted, that, notwithstanding any- thing hereinbefore contained, the present chief justice of the said isle of Ely shall have full power, under any commission of assize, or of oyer and terminer or gaol delivery, which has already issued, to exercise all such jurisdiction as he has here- tofore exercised in the said isle." CXLIII. Stat. 6* & 7 Gulielmi 4, c. 92. A.D. 1836. "An Act to render valid certain Marriages solemnized in the Church of St. Clement, Oxford." "Whereas the ancient parish church of Saint Clement in the city and diocese of Oxford, being not only very much decayed, but insufficient in size and accom- modation for a due proportion of the inhabitants of the said parish to attend divine service, the same was some time since taken down, and a new church was erected STATUTA GULIELMI IV. A.D. 1830—1837. 1755 on a different site within the said parish, and the same was duly consecrated by Stat. 6 & 7 the then Lord Bishop of Oxford, and has since been used as the parish church of Gul. 4, c. 92. the said parish of Saint Clement, and public worship has been regularly performed, and many marriages solemnized therein, according to the rites and ceremonies of the church of England : and whereas it is considered that the said new church is not legally the parish church of the said parish of Saint Clement ; and it is expedient to remove all doubts which may thereby arise touching the validity of marriages already solemnized therein : may it therefore please your majesty that it may be enacted ; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all marriages which ^mni^in have been solemnized within the said new church according to the rites and cere- church of monies of the church of England since the consecration thereof, shall be good and St. Clement, valid in the law to all intents and purposes whatsoever, as if such marriages had Oxford, de- been solemnized in the old church of the said parish of Saint Clement. clared valid. " II. And be it further enacted by the authority aforesaid, that all parsons, Ministers not vicars, ministers, and curates who have solemnized any such marriages, shall not to be liable to be liable to any ecclesiastical censures, or to any other proceedings or penalties whatsoever, by reason of his or their having so as aforesaid solemnized the same marriages respectively. " III. And be it further enacted, that the registers of such marriages so solem- Registers to be nized in the said new church shall be received in all courts of law and equity as eviience- evidence of such marriages respectively, in the same manner as they would have been receivable in evidence in case the said marriages respectively had been solem- nized in the said old church of the parish of Saint Clement aforesaid." CXLIV. Stat. 6 & 7 Gulielmi 4, c. 95 (1). [Ireland.] A.D. 1836. Stat. 6 & 7 "An Act to suspend, until the sixth day of April, One thousand eight humdred and j-j^j ' °" thirty-seven, Proceedings for recovering Payment of the Money advanced under the Acts for establishing Tithe Compositions in Ireland." CXLV. Stat. 6 & 7 Gulielmi 4, c. 96(2). A.D. 1836. Stat. 6 & 7 Gul. 4, c. 96. "An Act to regulate Parochial Assessments." CXLVI. Stat. 6 & 7 Gulielmi 4, c. 99. [Ireland.] A D. 1836. Stat. 6 & 7 "An Act to amend two Acts passed respectively in the»third and fourth, and in the ^tUL-j 4' c* fourth and fifth years of His present Majesty, for altering and amending the Laws relating to the Temporalities of the Church of Ireland." " Whereas an act was passed in the third and fourth years of the reign of his 3 & 4 Gul. 4, present majesty, intituled, * An Act to alter and amend the Laws relating to the c. 37. Temporalities of the Church in Ireland,' which act was amended by another act passed in the fourth and fifth years of the reign of his said majesty : and whereas 4 & 5 Gul. 4 it is expedient to extend, explain, and amend, in certain respects, the provisions of c. 90. the said acts : be it therefore enacted by the king's most excellent majesty, by and Inferior with the advice and consent of the lords spiritual and temporal, and commons, in appiv t0 their this present parliament assembled, and by the authority of the same, that it shall immediate and may be lawful for any inferior tenant or lessee, holding any lands, tenements, landlord, or hereditaments by virtue of any lease or contract containing a toties quoties cove- naying ac_ nant for renewal, and whose next immediate landlord has or shall have acquired a petuity^for1^ perpetual estate or interest in such lands, tenements, or hereditaments under the like convey- pro visions of the said recited acts or of this act, to apply to such next immediate ance; (1) Vide Stat. 1 & 2 Vict. c. 109. was to be rated on such receipt, in the same (2) In Regina v. Cupel (Clerk), (12 A. & way as the occupier of land ; that is, on the E. 382,) it was held that, where under Stat, sum for which the same would let, free from 6 & 7 Gul. 4, c. 96, s. 1, the vicar of a parish tenants' rates and taxes, and ecclesiastical was receiving composition for small tithes, he dues. 1756 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gvl. 4, c. 99. [I*-] such tenant having pre- viously paid or tendered his contribution and arrears of rent and fine. For ascertain- ing the yearly rent to be reserved on such convey- In case of dispute, or refusal or dis- ability on the part of the landlord to execute, the tenant may petition the court of Chan- cery or court of Exchequer. Court may determine in a summary manner, and appoint a per- son to convey. Tenants for life, and per- sons under le- gal incapacity, (except infants and lunatics,) may convey. Kent reserved on such con- veyance to be landlord for a conveyance of a perpetual estate and interest in such lands, tene- ments, or hereditaments, which conveyance such next immediate landlord is hereby required to make and execute to such inferior tenant, his heirs and assigns ; pro- vided that such tenant shall previously have paid or tendered to such landlord or his known agent such sum or sums of money as shall be payable by such tenant as or for contribution to the purchase money paid or secured by such landlord for the purchase of a perpetual estate or interest in such lands, tenements, or heredita- ments, pursuant to the said recited acts and this act, together with all rent, and fines and fees for renewal, and all arrears thereof, then due and payable by such tenant by virtue of such lease or contract. " II. And be it enacted, that the yearly rent to be reserved on every such last- mentioned conveyance shall be ascertained in manner following ; that is to say, when the fine and fees payable by such inferior tenant upon each renewal of his interest in such lands, tenements, or hereditaments shall be a fixed and ascertained sum, then, in the case of leases or interests renewable every year, the amount of such fine and fees, or, in the case of leases renewable at longer intervals than every year, the annual average amount of such fine and fees computed as by the said first-recited act directed for the purposes of that act, shall be added to the yearly rent reserved and made payable by the lease or contract under which such lands, tenements, or hereditaments are held by such inferior tenant ; and when the fine and fees payable by such inferior tenant upon every such renewal as aforesaid shall be a fixed proportion of or dependent upon the renewal fine payable by the imme- diate superior tenant of said lands, tenements, or hereditaments, then there shall be added to the yearly rent reserved upon such lease or contract a sum of money bear- ing a like proportion to the average annual amount of the renewal fine so payable by such immediate superior tenant, as the same shall have been ascertained by the ecclesiastical commissioners for Ireland pursuant to the said recited acts ; and such yearly rent reserved upon such lease or contract, together with such sum of money so to be added thereto as aforesaid, shall be the future rent to be reserved on the conveyance of a perpetual estate or interest in such lands, tenements, or heredita- ments to such inferior tenant. " III. And be it enacted, that in case of any dispute or difference between such inferior tenant and his next immediate landlord, or in case such landlord shall not execute to such tenant a conveyance of the fee-simple and inheritance of and in such lands, tenements, and hereditaments within one calendar month next after the same shall have been duly tendered to him or to his known agent, or in case such next immediate landlord shall be an infant or lunatic, or shall not be resident in the United Kingdom of Great Britain and Ireland, then and in every such case it shall and may be lawful for such inferior tenant to apply to the court of Chancery or court of Exchequer in Ireland by petition setting forth the facts and circumstances of the case ; and it shall and may be lawful for such court to hear such petition in a summary manner, and to make such order thereon as such court shall think fit, and to appoint a person to execute such conveyance to such tenant in the name of such landlord, in case such landlord shall reside out of the jurisdiction of such court or shall labour under any legal disability, or in case such court for any other reason shall think it expedient to appoint such person ; and every such conveyance so executed shall be valid and effectual to all intents and purposes. " IV. And be it enacted, that it shall and may be lawful for every such next immediate landlord, and he is hereby authorized and required, although he shall be tenant for life or for any other limited interest of such lands, tenements, or hereditaments, or although he shall labour under any legal incapacity or disability, (except infancy or lunacy,) to execute such conveyance to his next inferior tenant, subject to the provisions hereinbefore contained, and every such conveyance shall be valid and effectual to all intents and purposes. " V. And be it enacted, that in case any portion of the yearly rent reserved on such conveyance of any lands, tenements, or hereditaments shall be a proportion of or dependent upon the average annual amount, as ascertained by the said ecclesias- STATUTA GULIELMI IV. A.D. 1830—1837. 1757 tical commissioners, of the renewal fine payable by the first and immediate tenant of such lands, tenements, or hereditaments, then and in every such case such yearly rent shall be subject to variation in like manner and at such times as the rents reserved upon the immediate conveyance of any lands, tenements, or hereditaments by the said ecclesiastical commissioners, or by the archbishop, bishop, or other sole ecclesiastical corporation under whom the said lands, tenements, or hereditaments are held ; and all the provisions in the said recited acts contained relative to the variation of such last-mentioned rents shall be applicable to rents reserved on con- veyances to be made under the provisions of this act, so far as the nature and circumstances of each case will admit. " VI. And whereas certain portions of the lands belonging to the sees of Armagh and Clogher have been or may be conveyed to the Ulster Canal Company under or by virtue of an act of parliament made and passed in the eighth year of the reign of his late majesty George the Fourth, intituled, ' An Act for making and main- taining a navigable Canal from Lough Erne, in the County of Fermanagh to the River Blackwater near the Village of Charlemont in the County of Armagh ;' and of a certain other act of parliament made and passed in the ninth year of the reign of his late majesty George the Fourth, intituled, 'An Act to amend an Act for making and maintaining a navigable Canal from Lough Erne in the County of Fermanagh to the River Blackwater near the Village of Charlemont in the County of Armagh ;' and of a certain other act of parliament made and passed in the tenth year of the reign of his late majesty George the Fourth, intituled, ' An Act to explain the Acts for making the Ulster Canal in the Counties of Fermanagh and Armagh ;' and of a certain other act of parliament made and passed in the first and second years of the reign of his present majesty King William the Fourth, inti- tuled, ' An Act to amend the several Acts for making and maintaining the Ulster Canal in the Counties of Fermanagh and Armagh ;' and of a certain other act of parliament made and passed in the present session of parliament, intituled, ' An Act to amend and enlarge the Powers and Provisions of the several Acts for making and maintaining the Ulster Canal in the Counties of Fermanagh, Monaghan, and Armagh, in Ireland ;' for which compensation has been already awarded or is pro- vided by said acts to be awarded to the said sees of Armagh and Clogher ; be it enacted that the ecclesiastical commissioners, or the arbitrators, as the case may be, are hereby authorized and required to make such abatement in the reserved rents hereafter to be charged in the perpetuity sought to be acquired, or in the rent and renewal fine of any lease sought to be renewed, as to them may appear reasonable and just in proportion to the value of the lands so conveyed or which may here- after be so conveyed to said Ulster Canal Company as aforesaid. "VII. And be it enacted, that every such next immediate landlord shall and may have all such and the like remedies for the recovery of the rent reserved upon any such conveyance to his inferior tenant or tenants as any landlord or lessor now has, or may, can, or shall have by virtue of any law now or hereafter to be in force in Ireland for the recovery of rent payable under a demise by which a reversion is reserved to or remains in such landlord or lessor ; and every person who shall have acquired the fee-simple or inheritance in any lands, tenements, or hereditaments pursuant to the provisions of this act, shall and may have all such and the like remedies against his under-tenants as in and by the said recited acts are provided in cases of persons who shall have acquired the fee-simple and inheritance of any lands, tenements, or hereditaments under the provisions of the said recited acts. "VIII. Provided always, and be it enacted, that nothing herein contained shall extend or be construed to alter or affect the provisions of the said recited acts with respect to the renewals to be made to inferior tenants holding under leases or contracts containing toties quoties covenants for renewal in the case of any such inferior tenant who shall not apply to his next immediate landlord, pursuant to the provisions of this act, for a conveyance of the fee-simple and inheritance of and in the lands, tenements, or hereditaments held by him under such next immediate landlord. " IX. And be it enacted, that it shall and may be lawful for the said ecclesias- Stat. 6 & 7 Gul. 4, c. 99. [Ia.] subject to variation iu certain cases. 6 Geo. 4, c. cxciii. 9 Geo. 4, c. xevi. 10 Geo. 4, c. cix. 1 & 2 Gul. 4, c. lvi. 6 Gul. 4, c. lxxii. Ecclesiastical commissioners or arbitrators to make abate- ment in tbe reserved rents and renewal fines of certain leases. Reservation of remedies for recovery of rent. Saving of provisions of recited acts as to under- tenants who shall not apply for perpetui- ties. Com nussioners 1758 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 99. [IR.] may give cer- tificates of terms of pur- chase, and call on tenants by notice to com- plete their purchases. Servioe of notice. In case of failure to com- plete the pur- chase, the ap- plicant shall be deemed to have renounced his right thereto. Reserving to tenant the right to call for an arbi- tration. Deeds shall be enrolled by depositing transcripts in the Rolls office. Transcripts to be arranged in books for reference. Transcripts and certificates not liable to stamp duty. Fee on enrol- ment. Searches in enrolment books may be made on pay- ment of a fee of 2s. Od. tical commissioners, if they shall so think fit, at any time after application shall have been made to them for the purchase of the fee-simple and inheritance of and in any lands, tenements, or hereditaments pursuant to the said recited acts or this act, to cause such certificate of the terms of such purchase, and of the amount of purchase money to be paid on the completion of such purchase, and of the annual rent to he reserved and made payable in and by the deed or deeds of conveyance, as by the said recited acts they are directed to grant to the applicant when so required, to be without any request on his part delivered to him, together with a notice in writing to be annexed to such certificate requiring such applicant to complete such purchase, pursuant to the said recited acts, within such time as shall he specified in such notice, not being less than six calendar months from the service thereof ; and the said ecclesiastical commissioners may, if they shall so think fit, cause such certificate and notice to be transmitted to such applicant by post, addressed to him at his usual place of residence, or to his known agent or receiver, at the usual place of residence of such agent or receiver, and for the purposes of this act such transmission by the post to such applicant, or his known agent or receiver, shall be deemed good and sufficient service of such certificate and notice ; and if such applicant shall neglect or refuse to complete such purchase within six calendar months after the service of such certificate and notice, or within such further period as shall be specified in such notice, then and in every such case such applicant shall be deemed to have renounced such purchase, and his right of prefer- ence thereto ; and the said commissioners shall deduct from the sum deposited or secured, pursuant to the said recited acts, by such person so neglecting or refusing as aforesaid to complete such purchase, such sum or sums of money as the said ecclesiastical commissioners shall find necessary to defray the expenses which they may have incurred in ascertaining the terms of such purchase upon his said appli- cation ; provided always, that nothing herein contained shall have the operation or effect of interfering with the right or depriving any tenant of the power of calling for, and obtaining an arbitration as provided by the said recited acts in case he shall be dissatisfied with the terms of purchase declared by the said commissioners ; and that in the event of such an arbitration being called for and proceeded with by the tenant the said notice in writing attached to the certificate hereinbefore men- tioned shall bs set aside, and a new notice of like form shall be served on the tenant by the said commissioners at any time after the award of the arbitrators who may be chosen shall be declared. " X. And be it enacted, that in every case in which any deed has been or shall hereafter be executed, which by the provisions of the said recited acts is required to be enrolled, the said ecclesiastical commissioners shall cause a transcript of such deed, certified under their seal, to be made upon parchment, and deposited in the hands of the deputy keeper of the rolls or other proper officer of the rolls office of the high court of Chancery in Ireland, who upon receipt thereof shall, without any fiat or other order, cause the same to be preserved in the said Rolls office, and such transcripts shall be conveniently arranged in books for the purpose of reference and examination ; and every such transcript so deposited shall be and be deemed and taken to be an enrolment of such deed to all intents and purposes whatsoever ; pro- vided always, that neither such transcript for enrolment, nor any certificate required by the said recited acts, or either of them, to be given or enrolled, shall be liable to any stamp duty whatsoever; and that no fee shall be demanded or paid for the enrolment of any certificate required by law to be annexed to the enrolment of any such deed as aforesaid, in addition to the fee of two shillings and sixpence payable on enrolment of such deed, pursuant to the said first-recited act. " XI. And be it enacted, that it shall and may be lawful for any person what- ever to make searches in such enrolment hooks for the enrolment or enrolments of any deed or deeds which he shall have occasion to examine, and every person making any such search shall pay for the same (including the liberty of taking notes or making extracts from any enrolment or enrolments) a fee of two shil- lings and sixpence, and no more, for such day on which he shall make any such search. STATUTA GULIKLMI IV. A.D. 1830—1837 1759 " XII. And be it enacted, that so much of the said first-recited act as provides that any archbishop, bishop, or person, other than the said ecclesiastical commissioners, shall cause any such deed or deeds to be enrolled, shall be and the same is hereby repealed ; and that the said ecclesiastical commissioners shall defray the costs and expenses of making such transcript for enrolment, and for enrolling the same in manner aforesaid, out of the purchase money paid for the purchase of the fee-simple and inheritance of and in the lands, tenements, or premises comprised in such transcript. " XIII. And be it enacted, that if any tenant or under tenant shall be the pur- chaser of any lands, tenements, or hereditaments held under or by virtue of two or more leases, it shall be lawful for the said ecclesiastical commissioners, if in their discretion they shall so think proper, to accept of a mortgage on the lands com- prised in any one or more of such leases for the purchase money of the whole, provided that the yearly value of the portion or portions of such lands so proposed to be mortgaged, clear of all rents, charges, and outgoings whatsoever, shall be at least three times the amount of the yearly interest payable in respect of such mortgage. "XIV. And be it enacted, that the said ecclesiastical commissioners shall, with all convenient speed, cause proper forms of the conveyances, mortgages, leases, and other documents required for the purposes of the said acts and this act to be pre- p ed, and such forms shall be authenticated by the corporate seal of the said com- missioners, and deposited in their office, there to be kept and preserved, and such forms may be used for the purposes aforesaid, subject to such exception or variation as from time to time or in any particular case the said ecclesiastical commissioners may find necessary or convenient ; and such forms so authenticated, or such amended forms in like manner authenticated, as the said commissioners shall from time to time cause to be prepared, shall be alike good and effectual as if the same were inserted in this act; and copies of all such forms shall be printed under the directions of the said commissioners, and given to any person demanding the same on payment of the reasonable expense of providing the same. " XV. And be it enacted, that the said ecclesiastical commissioners shall cause all such monies as may hereafter accrue to their credit in the perpetuity purchase fund account mentioned in the said last-recited act to be invested from time to time in such public securities as the said ecclesiastical commissioners shall think fit ; and the said ecclesiastical commissioners shall have power to sell and dispose of the same as occasion shall arise, and apply the proceeds thereof, and the dividends and interest arising therefrom, to the purposes authorized and directed by the ^aid last-recited act. " XVI. And be it enacted, that it shall and may be lawful for the said ecclesi- astical commissioners, in any demise or lease to be made by them, pursuant to the said first-recited act, of the see-house, offices, and mensal or demesne lands of or belonging to any archbishopric or bishopric, to cause to be inserted, instead of such clause or covenant against assigning or subletting, as by the said act is required, a clause or covenant making void such demise or lease in case the pre- mises thereby demised, or any part thereof, shall be sublet or assigned without the previous consent of the said ecclesiastical commissioners testified in writing under their common seal ; which consent the said ecclesiastical commissioners are hereby authorized and empowered, if they shall so think fit, to give, upon such terms and subject to such restrictions or conditions as they shall deem expedient : provided always, that such consent shall not be construed to authorize or em- power any person deriving under the person to whom the said ecclesiastical commissioners shall have given such consent as aforesaid to assign or sublet the premises so demised or leased by the said commissioners, or any part thereof. " XVII. And be it enacted, that it shall and may be lawful for the lessee named in any lease or demise heretofore made by the said ecclesiastical commis- sioners of any such see-house, offices, mensal or demesne lands, or for the heirs, executors, administrators, or assigns, of such lessee, by and with the consent, testified in writing under their common seal, of the said commissioners, and Stat. 6 & 7 Gul. 4, c. 99. [In.] Provision as to archbishops, &c. causing en- rolments to be made, repealed. Payment of expenses of transcript and enrolment. If tenants purchase lands held by two or more leases, a mortgage may be accepted of the lands held by any one of them. Forms of con- veyances, mortgages, &c. to be prepared by the com- missioners. Ecclesiastical commissioners shall invest the monies arising in the perpe- tuity fund account. In leases of see houses, &c. covenants not to sublet, except with consent of commissioners, may be in- serted, instead of absolute covenants against sub- letting. Lessees of see- houses, &c. under leases already made, may sublet with consent of commissioners. 1700 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 99. [I*.] Ecclesiastical commissioners may make leases and renewals of lands belonging to suspended dignities or benefices pending sus- pension. Tenants of such lands may purchase perpetuities pending sus- pension. In case of removal of suspension, all leases thereto- fore made to be valid, and the rents re- served thereon payable to the persons subse- quently ap- pointed and their succes- sors. The remedy granted by 3 & 4 Gul. 4, c. 37, against impropriators refusing to re- pair chancels or maintain officiating clergymen, extended to cases of refusal by appropria- tors. subject to such terms, conditions, and restrictions, as shall be expressed therein, to assign or sublet such see-house, offices, and lands, or such part or parts thereof as shall be specified in such consent ; and that no such lease or demise shall be or become void or voidable by reason of such assigning or subletting with such consent as aforesaid, anything in such demise or in the said recited act contained to the contrary hereof notwithstanding. " XVIII. And be it enacted, that whensoever, under the provisions of the said acts or this act, the appointment, presentation, or collation, to any dignity, office, rectory, or benefice, has been or shall be suspended, the said ecclesiastical commissioners shall, for and during such period as such dignity, office, rectory, or benefice, shall remain vacant, have, and at their discretion exercise, by and in their own name and right, all such powers of leasing and demising any lands or premises whatsoever belonging or appertaining or appropriated to or usually enjoyed with such dignity, office, rectory, or benefice, as in case no suspension had taken place, any person filling the same might have had or exercised ; and it shall be lawful for the said commissioners, in the case of lands or premises demised by leases customarily renewed from time to time, to accept surrenders of such leases, and to make new leases or renewals of the same respectively, in like manner to all intents and purposes as the said commissioners are author- ized and required to do in respect of any lands or premises at any time belong- ing to any bishopric, and which may have been transferred to and vested in them by virtue of the said acts ; and that it shall be lawful for the respective tenants, lessees, or under-tenants, of any such lands or premises, during the suspension of such appointment, presentation, or collation, as aforesaid, to apply to the said commissioners for the purchase of a perpetual estate and interest of and in any such lands or premises, in like manner as such tenants, lessees, or under-tenants respectively could or might have done, by virtue of the said recited acts or this act, in case the appointment, collation, or presentation to such dig- nity, office, rectory, or benefice, had not been so suspended ; and in case of any such application all such and the like proceedings shall be had as by the said acts prescribed in the case of any application for the purchase of the fee-simple and inheritance of and in any lands or premises at any time belonging to any bishopric, and which may have been transferred to and vested in the said com- missioners by virtue of the said acts. " XIX. And be it enacted, that in case of the removal of any such suspension as aforesaid, all leases, demises, renewals, or conveyances theretofore made as afore- said by the said ecclesiastical commissioners shall be and remain valid and binding to all intents and purposes whatsoever : provided that in the case of the removal of such suspension all rents, covenants, and reservations made payable by or contained in such lease, demise, renewal, or conveyance, shall from and after the time when such dignity, office, rectory, or benefice, shall have been filled, become and be pay- able to and enure for the benefit of the person appointed, collated, or presented to such dignity, office, rectory, or benefice, and his successors, who shall have all such and the like remedies for enforcing payment or performance of such rent, covenants, and reservations, as if the same had been expressly made payable to or reserved or covenanted with or by the person filling such dignity, office, rectory, or benefice, and his successors. " XX. And whereas it is expedient to make more effectual provision for enfor- cing payment of stipends or salaries for the maintenance of officiating clergymen in parishes whereof the tithes are appropriate or impropriate, and the owners thereof are bound to maintain such clergymen : and whereas by the said recited act of the third and fourth years of his present majesty's reign it was provided, that in any case where the owners of impropriations or impropriate tithes are by law bound, but refuse or neglect to repair the chancel of any church, or to maintain an offici- ating minister, it should be lawful for the said ecclesiastical commissioners, or for the archbishop or bishop of the diocese, to present a petition to the court of Chan- cery or Exchequer in Ireland, praying relief, and such courts were authorized and required to hear such petition in a summary way, and to make such order therein STATUTA GULIELMI IV. A.D. 1830—1837. 1761 as should appear just : and whereas it is expedient to extend the said recited pro- Stat. 6 & 7 visions of the said act, be it therefore enacted, that the same shall be deemed and Gul. 4, c. 99. taken to extend and shall extend to cases where the owners of appropriations or ^Ir^ appropriate tithes are by law bound, but refuse or neglect to repair the chancel of any church or to maintain an officiating minister, in like manner and as fully to all intents and purposes as to cases where the owners of impropriations or impro- priate tithes are so bound and so refuse or neglect to repair the chancel of any church, or to maintain an officiating minister. " XXI. And be it enacted, that in any case in which any petition shall be pre- What is to be sented pursuant to the said recited act or this act for the repair of any chancel, or deemed evi- for recovery of any stipend or salary of an officiating minister, or any arrears ^™ °* lla" thereof, the certificate of the archbishop or bishop of the diocese in which the gtipendor^e- church or parish is situate, that such chancel has been repaired, or such salary pair chancels, usually paid to the officiating minister of such parish, or that such chancel has at any time been agreed to be repaired or such salary to be paid by the owner or owners of the impropriation or appropriation or appropriate or impropriate tithes, as the case may be, of such parish, shall be prima facie evidence of the liability of such owner or owners to pay such stipend or salary or repair such chancel, as the case may be ; and every such stipend or salary shall be a charge upon such appro- priate or impropriate tithes, paramount to all other charges whatsoever. " XXII. And be it enacted, that it shall and may be lawful for the court to Court may which any such petition shall be presented to appoint a receiver over any such appoint appropriate or impropriate tithes for payment of any such repairs, stipend, or receiver« salary, or arrears thereof, or to direct that any receiver already appointed over such tithes shall pay such repairs, stipend, or salary to the person entitled to receive the same, in preference and priority to all other charges whatsoever. "XXIII. And be it enacted, that whensoever the impropriator or appropriator If impropriator or owner of the appropriate or impropriate tithes of any parish, not having a vicar or appropriator or curate endowed, shall not maintain an officiating minister in such parish, or in any Parish shall not have agreed to pay a stipend or salary for or towards the maintenance of ^°car or* curate such officiating minister, being by law bound to maintain such minister, then and endowed, shall in every such case it shall and may be lawful for the archbishop or bishop of the not contribute diocese in which such parish is situate to certify to the ecclesiastical commissioners t0 the mainte* that there is no vicar endowed, nor any stipend paid to any curate, or other provi- officiating" sion made by such appropriator or impropriator for the discharge of the spiritual minister,3 the duties of such parish, and that it is fit and proper that an officiating minister should commissioners be maintained within the same ; and thereupon the said ecclesiastical commission- on certmcate ers, if they shall deem it expedient so to do, shall fix and ascertain a proper and bishop a&c" reasonable stipend to be paid by the impropriator or appropriator or owner of the may fix a appropriate or impropriate tithes of such parish, having regard to the annual value stipend to be of such impropriate tithes, and to the extent of the duty to be performed in such paid' parish ; and the said ecclesiastical commissioners shall cause to be lodged in the Certificate of registry of the diocese in which such parish shall be situate a certificate under their tne amount of seal of the amount of the stipend so ascertained, and shall also transmit to the f )f ^ ^J]6 owner, or, if more than one, to each of the owners of the impropriate or appropriate regfstry " 6 tithes of such parish, a copy of the said certificate. u XXIV. And be it enacted, that the amount of the stipend so fixed and ascer- Stipend shall tained as aforesaid shall be a charge on the impropriate tithes of such parish para- be a paramount mount to all other charges whatsoever, and shall, from and immediately after the ?harge 0,1 the lodging of such certificate in the registry of the diocese, be paid and payable to the JXesf and officiating clergyman of such parish for the time being by equal half-yearly pay- shall be pay- ments ; and such officiating clergyman shall be nominated and appointed from time able from the to time in such manner and subject to such provisions and regulations as the curate lodS™S of the of any curacy augmented by the trustees and commissioners of first-fruits pursuant ^ ' C3te" to any statutes heretofore in force in Ireland; provided always, that the amount ^^10°* ^ of the salary so to be fixed and ascertained by the said ecclesiastical commissioners pe^centum on shall not exceed ten pounds for every hundred pounds of the annual value of the the value of impropriate or appropriate tithes of such parish, as the same shall have been ascer- the tithes 5 U 1762 STATUTA GULIELMI IV. A.D. 1830- 1807. Stat. 6 & 7 Gul. 4, c. 99. [IR.] ascertained by certificate of composition. Property of minor canons and vicars (moral vested in the ecclesi- astical com- missioners, subject to existing inte- rests, and for the mainte- nance of such members of such corpora- tions as have duties to per- form. For removing doubts as to the provisions of the recited act respecting the precentor- ship of Christ church, Dub- lin. tained by the certificate of the commissioners appointed to carry into effect the composition for tithes in the said parish. u XXV.' And whereas it appears by the report of certain commissioners consti- tuted and appointed by his majesty for inquiring into ecclesiastical revenues and patronage in Ireland, bearing date the fifteenth day of April one thousand eight hundred and thirty-four, that there are in certain cathedral churches divers subor- dinate corporations known by various names, and that some of such corporations have dwindled down to a single individual in each, who appears to be wholly dis- charged of any duty whatever, and that some such offices would long since have become wholly obsolete and extinct but for the emoluments which still attach and are enjoyed by the individuals who fill them ; be it therefore enacted, that the right, title, and interest in and to all lands, tithes, rents, profits, and other emolu- ments heretofore held and enjoyed by the vicars choral of the cathedral church of Saint Patrick's Cashel, or by any corporation of or belonging to any cathedral church in Ireland, known by the names of minor or petty canons, vicars choral, vicars choral and organists, prebendaries and vicars, or vicars and choirmen, or by any other name, and whether sole or aggregate, who shall not discharge any duty, or shall not discharge duties commensurate with the extent of their emoluments, shall, in the case of the said vicars choral of the cathedral church of Saint Patrick's, Cashel, from and after the passing of this act, and in the case of each and every such other corporation as aforesaid whensoever the lord lieutenant in council shall on the recommendation of the said ecclesiastical commissioners think fit so to direct, vest in the said ecclesiastical commissioners, subject nevertheless to all valid leases, charges, and incumbrances now affecting the same, and that the rents, issues, and profits thereof shall be by the said ecclesiastical commissioners applied during the lives of the present members of such corporations respectively to their use, in the same manner and proportions as the same may now be enjoyed by or divisible amongst each and every of them ; and that on the demise or cession of the respec- tive members of such corporations adequate provision be made out of such rents, issues, and profits for the due maintenance of such and so many of his or their successors as may in the judgment of the said commissioners be required for the effectual discharge of the duties, if any, appertaining to the members of such corporations respectively, in cases where such provision is not made from other sources ; and that the surplus of such rents, issues, and profits from time to time accruing to the said ecclesiastical commissioners shall be carried to the general fund under the administration of the said commissioners, who shall have all and every the like powers of leasing and demising the lands and tithes so vesting in them as such corporations may now respectively have, and be in all respects subject to such and the like restrictions and conditions. " XXVI. And whereas by the herein before-recited act passed in the fourth and fifth years of his majesty's reign the lord lieutenant or other chief governor or governors of Ireland, and his majesty's privy council there, are empowered, on the recommendation of the said ecclesiastical commissioners, to order and direct that the appointment to any ecclesiastical dignity or office under the rank of an arch- bishopric or bishopric, the person holding which shall not have actual cure of souls within any parish appropriated thereto, shall be suspended upon the next avoidance until such lord lieutenant and council shall think fit otherwise to direct, and that for and during such period as such dignity or office shall remain vacant all and every the tithes, glebes, lands, rents, profits, and emoluments whatsoever belonging or appertaining thereto, and all arrears of such tithes, rents, profits, and emolu- ments which may have accrued due since the same may have become void as aforesaid, shall be vested in and received by the said ecclesiastical commissioners, to be by them applied towards the like purposes as the other monies and funds accruing to or vested in them under the provisions of the said act : and whereas doubts have arisen whether the provisions of the said act apply to the case of the precentorship of the church of the holy and undivided Trinity, otherwise called Christ Church, in Dublin, now vacant, by reason of the cure of souls in certain parishes belonging in contemplation of law to the said precentor, although in fact STATUTA GULIELMI IV. A.D. 1830-1837. 1703 such cure has not been served by the occupant of such dignity, nor by any resident curate employed at a sufficient stipend : and whereas it is expedient to remove such doubts, and also further to explain the said act ; be it therefore enacted, that the herein before-recited provisions of the said act shall be taken to extend to the said precentorship, and also to all dignities or offices the occupants whereof, although having in contemplation of law cure of souls, habitual or actual, in any parish or parishes appropriated or in anywise belonging thereto, shall not for three years next preceding the first day of January last have continuously served the cure of souls in such parish or parishes, either personally or by a curate licensed thereto, or in case the appointment, presentation, or collation of any clerk to such parish or parishes shall have been suspended or hereafter shall be suspended under and by virtue of the said recited act of the third and fourth years of his present majesty's reign ; and also that the said provisions of the said act shall be taken to extend to all such offices of or belonging to cathedral churches as in the said act mentioned, although the same may not be ecclesiastical offices nor held by ecclesiastical per- sons, and also to all cases where tithes may have been held or enjoyed by the occupants of such dignities or offices, though not in law appropriated to them, and also to cases where lands only, or land as well as tithes, may have been so held and enjoyed or appropriated, or where the same may be under lease: provided always, that if it shall appear to the said ecclesiastical commissioners that there are any curates, perpetual or stipendiary, serving the cure of souls within any parish appro- priated to any such dignity or office, and that the stipends allowed to such curates are insufficient, then and in such case it shall be lawful for the said ecclesiastical commissioners, from and out of the profits or emoluments of the parish so appro- priated, to allow such stipend to any such curate, not exceeding one hundred pounds per annum, as they may think necessary with regard to the duties to be by him discharged. " XXVII. And whereas by the said recited act of the third and fourth years of his present majesty's reign, as the same is amended by the said act of the fourth and fifth years of his majesty's reign, authority is given to the said lord lieutenant or other ,chief governor or governors, and council, on the next avoidance of any archbishopric, bishopric, deanery, archdeanery, dignity, prebend, or canonry, or with the consent of the incumbent thereof, to disappropriate, disunite, and divest from and out of the same any rectory, vicarage, tithes or portion of tithes, and glebes or part or parts thereof, and to unite any such rectory, vicarage, tithes or portion of tithes, or glebes or part thereof, to the vicarages or perpetual or other curacies of such parishes respectively, or to any adjoining or neighbouring rectory, vicarage, or curacy, or to erect the same into a distinct parish or benefice : and whereas difficulties have arisen in carrying the provisions of the said acts into effect by reason of the existence of leases of tithes or portions of tithes and lands, some- times included in one and the same demise, and sometimes situate in or arising out of several parishes, and doubts have arisen whether the said provisions extend to mensal or demesne lands ; for remedy whereof be it enacted, that the said provi- sions shall be deemed and taken to extend to and comprise all and every tithes or portions of tithes, whether under lease or otherwise, and all lands, mensal, demesne, or otherwise, belonging or appertaining or anywise held or enjoyed in right of any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, whether such tithes or lands shall arise out of or be situate in one or more parishes. " XXVIII. And be it enacted, that in any case where the said lord lieutenant or other chief governor or governors and council shall think fit, in the exercise of the powers conferred upon them by the said acts and this act, to disappropriate, disunite, and divest from and out of any archbishopric, bishopric, deanery, arch- deaconry, dignity, prebend, or canonry, any rectory, vicarage, tithes or portion of tithes, or lands or part or parts thereof, which by reason of the existence of any such leases as aforesaid, or for any other reason, cannot be conveniently appropri- ated or united to any adjoining or neighbouring rectory, vicarage, or curacy, or in case such rectories, vicarages, or curacies may be already sufficient^ endowed, it shall be lawful for the said lord lieutenant or other chief governor or governors and 5 U 2 Stat. 6 & 7 Gul. 4, c. 99. [Ir.] Proviso. Provisions of recited acts explained in respect of tithes, &c. disappropri- ated from dig- nities, &c. In case disap- propriated lands, &c. cannot be conveniently united to a neighbouring vicarage or curacy, or that such vicarage or curacy is already sum- 1764 STATUTA GULIELMI IV. A.D. 1830— 18.°-7. Stat. 6 & 7 Gul. 4, c. 99. [I*.] ciently en- dowed, the lands, &c. dis- appropriated shall be trans- ferred to the ecclesiastical commissioners, and be by them carried to the general fund under their ad- ministration. Commissioners shall have like power of making leases, &c. in disap- propriated lands, &c. as in those be- longing to suspended dignities. Ecclesiastical commissioners not to grant a perpetual estate to any tenant now holding by lease any tithes appropriated to certain ecclesiastical dignities. After the next avoidance of any such dig- nity, the com- missioners may declare that the lease shall notbe renewed; and, upon ap- plication of the tenant to acceptthe value in money, may estimate the value thereof. Proviso. council to order that such rectory, vicarage, tithes or portion of tithes, or land or part or parts thereof, so disappropriated, disunited, and divested as aforesaid, shall be transferred to the said ecclesiastical commissioners ; and the right and interest in and to the same, and all arrears thereof, shall thereupon vest in the said ecclesi- astical commissioners, and be by them carried to the general fund under their administration, but charged with and subject nevertheless to the payment of such annual or periodical sum or sums of money, if any, as the said lord lieutenant or other chief governor or governors and council shall think fit to direct to he paid to any rector, vicar, or curate, their or his successors, whose rectory, vicarage, or curacy he and they shall deem not to be sufficiently endowed, or which he and they may think fit to erect, and to which, under the provisions of the said acts, any such disappropriated rectory, vicarage, tithes or portions of tithes, or lands, might have been appropriated and united. " XXIX. And be it enacted, that the said ecclesiastical commissioners shall have all such and the like powers of making or renewing leases, or of conveying a perpetual estate or interest of and in any lands or premises which may become vested in them by virtue of any such disappropriation order as aforesaid, as herein- before conferred upon them in respect of any lands or premises which may become vested in them by virtue of any such suspension order as hereinbefore mentioned ; and all and every the provisions hereinbefore contained in respect of such lands or premises as may be vested in the said commissioners by any such suspension order, and the making leases and renewals and conveyances thereof, shall apply and extend to lands or premises vested in them by any such disappropriation order, and the making leases, renewals, and conveyances thereof. " XXX. Whereas by reason of the insufficiency of the endowment of the vicarages in several parishes the rectorial tithes whereof are appropriated to arch- bishoprics, bishoprics, and other ecclesiastical dignities, prebends, and canonries, in Ireland, by reason whereof it has become necessary from time to time to unite two or more of such vicarages into one benefi e, to the disadvantage of the spiritual interests and concerns of such vicarages respectively ; be it therefore enacted, that from and after the passing of this act it shall not be lawful for the said ecclesiasti- cal commissioners acting in pursuance of the provisions of said recited acts, in the name and on the behalf of any archbishop, bishop, dignitary, prebendary, or canon, to grant a perpetual estate or interest to any tenant now holding or who may here- after hold any tithes or compositions for tithes appropriated to such archbishoprics, bishoprics, dignities, prebends, or canonries, under or by virtue of any lease or contract. " XXXI. And be it further enacted, that at any time from and after the next avoidance of any archbishopric, bishopric, dignity, prebend, or canonry as aforesaid, in which it may be deemed expedient so to do, it shall and may be lawful for the said ecclesiastical commissioners, in case any tithes or c mpositions for tithes shall be disappropriated therefrom, by instrument under their common seal to declare that the lease or contract by which such tithes or compositions for tithes are now or hereafter may be held shall not be renewed ; and in order to prevent any loss or damage to the tenant or tenants now holding or who may hereafter hold such tithes or compositions for tithes by virtue of such lease or contract, by reason of the same not being capable of being renewed as heretofore, it shall and may be lawful for the said commissioners, upon the application of any such tenant or tenants declaring his or their readiness to accept the value in money of his or their estate or interest in such lease or contract as if the same were still capable of renewal, to estimate and compute the value thereof accordingly ; and in case such tenant or tenants shall think fit to accept the same, he or they shall thereupon convey his estate and interest in such lease or contract to the said ecclesiastical commissioners, and such tithes or compositions for tithes shall thereupon be freed and discharged from all debts, liabilities, and incumbrances, of such tenant or tenants, or of any person or persons deriving under him, her, or them, or of any person or persons under whom he, she, or they may derive : provided nevertheless, that the purchase money for euch estate and interest shall become subject and liable to all such and the like STATUTA GULIELMI IV. A.D. 1830-1837. 1765 engagements, liabilities, uses, trusts, intents, and purposes, as may affect the estate or interest of such tenant or tenants in the lease or contract of said tithes or com- positions for tithes, and shall be paid to such tenant or tenants on his making out title thereunto ; and if he, she, or they, shall not make out a sufficient title thereto such purchase money shall be paid into the bank of Ireland to the credit of the accountant-general of the court of Chancery in Ireland, and to the credit of the matter, upon an order for that purpose to be obtained upon petition in a summary way, and shall be disposed of by such court by order in like manner to be obtained, as may be just. " XXXII. And be it further enacted, that from and after the conveyance of the estate or interest of every such tenant or tenants in and to such tithes or com- positions for tithes to the said ecclesiastical commissioners as aforesaid, the same shall be and remain for ever vested in the said ecclesiastical commissioners, and be by them applied, as and when the same shall be received, in the first instance in liquidation and discharge of the purchase money and expenses incurred by them in the purchase thereof, with legal interest, until the same shall be fully and entirely paid off, and from thenceforward in the augmentation of small benefices under the provisions of the said recited acts. " XXXIII. And whereas, by and under the provisions of the said recited act of the third and fourth years of his present majesty's reign, the bishopric of Cork and Ross has become united to the bishopric of Cloyne, and Doctor Samuel Kyle being at the time of the passing of the said act, and at the time when the said bishoprics became united as aforesaid, bishop of Cork and Ross, has become and now is bishop of the said united bishoprics of Cork and Ross and Cloyne : and whereas upon such union as aforesaid all and singular the lands, tenements, and hereditaments, with all and singular the tithes, rents, and emoluments, appertaining or belonging to the said bishopric of Cork and Ross, were by virtue of the said act transferred to and vested in the said ecclesiastical commissioners, saving and excepting the see- house and offices and mensal and demesne lands to the said bishopric of Cork and Ross belonging, which became thereafter by the said act the see-house and offices and mensal or demesne lands of the said united bishoprics of Cork and Ross and Cloyne, and the said Doctor Samuel Kyle became possessed of and entitled to the revenues of the said bishopric of Cloyne, saving and excepting to the see-house and mensal or demesne lands thereunto belonging, which the said ecclesiastical com- missioners were authorized to let or demise for such rent or fine as they should think fit : and whereas the said ecclesiastical commissioners are authorized and required by the said act, out of the revenues of the said bishopric of Cork and Ross so vested in them as aforesaid, to make good to the said Doctor Samuel Kyle the sum or sums of money, if any, whereby the revenues of the said bishopric of Cloyne shall fall short of the revenues of the said bishopric of Cork and Ross : and whereas the revenues of the said respective bishoprics, being in great measure dependent on fines paid on the renewal of leases, are liable to uncertainty and variation, and an annual valuation of the said several bishoprics would be troublesome and inconve- nient : and whereas it has been found, upon a comparison of the relative average value of the said several bishoprics, that the revenues of the said bishopric of Cloyne fall short of the revenues of the said bishopric of Cork and Ross by the annual sum of one thousand five hundred pounds, or thereabouts, and the said Doctor Samuel Kyle consents to receive such annual sum of one thousand five hundred pounds in full acquittance and discharge of the payment which the said ecclesiastical commissioners ought to make to him under the provisions of the said act ; be it therefore enacted, that the said annual sum of one thousand five hun- dred pounds shall be deemed and taken to be the sum whereby the revenues of the said bishopric of Cloyne fall short of the revenues of the said bishopric of Cork and Ross, and that the said ecclesiastical commissioners shall pay to the said Doctor Samuel Kyle, in each and every year during his incumbency of the said united bishoprics of Cork and Ross and Cloyne, the said annual sum of one thousand five hundred pounds, commencing from the fourteenth day of September one thousand eight hundred and thirty-five, and that the first payment thereof shall be made on Stat. 6 & 7 Gul. 4, c. 99. [I*.] After convey- ance, the inte- rest of such tenant to vest in the com- missioners. An annual sum of 1500/. to be paid to Dr. Kyle, bishop of Cork and Ross and Cloyne, in order to make his present revenue equal to that he had before the union of the 1766 STATUTA GULIELM1 IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 99. [I*.] Provision of 4 & 5 Gul. 4, c. 90, relating to costs of solicitor, ex- plained. Former acts, save as altered, to be con- strued together with this act. Act may be altered this session. Providing for the repairs of cathedral churches. 39 Geo. 3, Tr. the fourteenth day of September in this current year one thousand eight hundred and thirty-six, b}^ one entire payment, and that the future payments thereof shall be made by equal moieties, one moiety on the fourteenth day of March, and the other moiety on the fourteenth day of September, in each and every succeeding year during the incumbency of the said Doctor Samuel Kyle, in the said united bishoprics : provided always, that the said annual payment shall be apportioned so and in such manner that on the demise or translation of the said Doctor Samuel Kyle, or other determination of his said incumbency, the said ecclesiastical com- missioners shall pay to him, or his executors, administrators, or assigns, a propor- tion of such annual sum according to the time which shall have elapsed from the commencement or last period of payment thereof respectively, (as the case may be,) including the day of the demise or translation of the said Doctor Samuel Kyle, or other determination of his said incumbency in the said united bishoprics : provided also, that the income of the present Bishop of Cork and Ross and Cloyne during his incumbency be free from the tax chargeable under the provisions of the said recited act of the third and fourth years of the reign of his present majesty. " XXXIV. And whereas it is provided by the said act of the fourth and fifth years of the reign of his present majesty, that no sum shall be paid by the said ecclesiastical commissioners to any attorney or solicitor as and for costs, charges, or expenses, unless the amount of such payment shall first have been approved of by the lords of the treasury, and that no sum exceeding one thousand pounds shall be allowed in any one year by the lords of the treasury as and for the costs, charges, or expenses of any such attorney or solicitor, and that before any such sum shall be allowed by the said lords commissioners of the treasury on such account as aforesaid the particulars of all such costs and expenses shall be laid before them : and whereas it is necessary to explain the said hereinbefore recited provision ; be it therefore hereby enacted and declared to be the intent and meaning of the said act, that no sum exceeding one thousand pounds shall be allowed in any one year for the personal services of any such attorney or solici- tor, but that no disbursements or expenses actually and properly made or incurred by such attorney or solicitor in and about the affairs and business of the said ecclesiastical commissioners, and by their authority and direction, shall be deemed or taken to be included in the said sum of one thousand pounds, or form part thereof. " XXXV. And be it further enacted, that the said several recited acts of par- liament shall continue in full force and effect, save and except so far as they or either of them are or is expressly repealed or altered by this act, and that the said recited acts and this act shall be construed and taken together as one act to all intents and purposes ; and that this act may be altered, amended, or repealed by any act or acts to be passed in the present session of parliament. " XXXVI. And whereas it is enacted by the said first-recited act, that in all cases where, under and by virtue of an act made in the twenty-first of the reign of King George the Second, intituled, 'An Act for disappropriating Benefices belonging to Deans, Archdeacons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their stead, and also for the Removal of the Sites of ruined Cathedral Churches,' any parochial church shall have been or shall be made or shall become by usage or custom cathedral and parochial, and in all cases where, under and by virtue of an act made in the parliament of Ireland in the thirty-ninth year of the reign of King George the Third, intituled, * An Act for the repairing of Cathedral Churches in Cases where the Parish Churches have been long in Ruins,' any cathedral church shall have been or shall be made use of as a parish church, it shall and may be lawful for the said commissioners and they are thereby required to contribute to the repairs of such cathedral and paro- chial churches in such proportion as has been agreed upon by and between the dean and chapter or chapters of such cathedral church, and by the protestant inha- bitants of the parish or union in which such church is situate, that the inhabitants thereof should contribute to the rebuilding, enlarging, and putting into and keeping STATUTA GULIELMI IV. A.D. 1830—1837. 1767 in repair of such cathedral and parochial churches ; and if it shall happen that no Stat. 6 & 7 such agreement as aforesaid shall have been made by and between the parties afore- GuL- 4, c. 99. said, it shall and may be lawful for the lord lieutenant or other chief governor or ^Ir'^ governors of Ireland and the privy council thereof, upon petition of the dean and chapter or of the said commissioners, finally to adjust and ascertain the proportions in which such deans and chapters or chapters and said commissioners shall so respectively contribute for the purposes aforesaid ; and the sums necessary and sufficient for such purposes shall be from time to time apportioned and paid accord- ingly by the said deans and chapters and the said commissioners respectively ; and whereas it is just and reasonable that such deans and chapters should in certain cases be relieved in the whole or in part from the burthen of contributing to the repairs of such cathedral churches ; be it therefore enacted, that in case there shall be no economy fund or chapter or other property appropriated to the purpose of rebuilding, enlarging, and putting into and keeping in repair of any such cathedral church, or no such economy fund, chapter or other property adequate or sufficient for such purpose, it shall and may be lawful for the said ecclesiastical commission- ers, if they shall so think fit, by writing under their seal to certify to the lord lie tenant or other chief governor or governors of Ireland in council that there is no such economy fund, chapter or other property appropriated to the purpose of repairing such cathedral church, or no such fund or property adequate and suffi- cient for such purpose, and that it is just and reasonable that the said commissioners should defray the whole of the sums necessary for such purpose, or that the said commissioners and the dean and chapter or chapter should contribute for such purpose in such proportions as shall in such writing be specified ; and in case the lord lieutenant or other chief governor or governors of Ireland and the privy council thereof shall signify his and their approval of the matters specified in such c !i tificate, then and in such case it shall and may be lawful for the said commis- sioners and they are hereby authorized and required from time to time to pay the whole of the sums necessary for such purpose as aforesaid, or such proportion thereof as shall be specified in such certificate, subject to such regulations as in the said recited acts and this act or any or either of them are contained with respect to monies to be expended for such purposes ; provided always, that such dean and chapter or chapter shall from time to time contribute for such purpose as aforesaid such proportion as shall be specified in such certificate as just and reasonable to be contributed by such dean and chapter or chapter." CXLVH. Stat. 6 & 7 Gulielmi 4, c. 115 (1). A.D. 1836. Stat. 6 & 7 "An Act for facilitating the Inclosure of Open and Arable Fields in England GuL' 4' c115* and Wales." " II. And be it further enacted, that whenever any inclosure shall be proposed The consent to be made or consented to under the authority of this act, or any agreement for °f the tenant compensation in pursuance of the provisions in that respect hereinafter contained in remaind.er shall be entered into, by any person or persons who being necessary to make up, cer^ cases, and without whom there shall not be consenting parties sufficient to make up, the proportion of two third parts in number and value hereinbefore required, or other the proportion hereinafter required in the case of an inclosure without the assist- ance of commissioners, and who shall have a less estate or interest in the land to be inclosed, or the said rights therein, than a fee-simple or an estate in tail, or be an holder of a copyhold or customaryhold tenant right or other tenure in such lands or rights for any less estate than an estate or interest in fee or in tail, or shall be under any disability, such consent shall not be available for the purposes of this act unless the person to whom the next immediate vested estate of freehold or of copyhold or customaryhold tenant right or other tenure of inheritance, in remain- der or reversion, shall have been limited, (provided such person shall be of the full age of twenty-one years, and being a female shall be unmarried,) shall consent thereto in writing ; and such consent shall be sufficient for the purposes of this (1) Vide Stat. 41 Geo. 3, c. 109 (ante 974) ; and Stat. 1 & 2 Geo. 4, c. 23 (ante 1182). 1768 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 6 & 7 Gul. 4, c. 115. Lands used for charitable purposes not to be deemed an encroach- ment. Empowering rectors to erect buildings on lands allotted in right of glebe, and charge ex- penses thereon. act, notwithstanding the person giving the same may have an equitable estate only in the land intended to be inclosed, or may have previously charged or incumbered his reversionary estate therein : provided always, that if the person to whom such next immediate vested estate in remainder or reversion may have been limited, shall, at the time such inclosure is proposed to be made, happen to be an infant, feme covert, idiot, or lunatic, it shall be lawful for the guardian or husband or committee of such infant, feme covert, idiot, or lunatic to consent to such inclosure in his or her stead : provided always, than in respect to any land held in right of any benefice, no consent of the incumbent thereof shall alone be available for the purposes of this act, where such consent shall be necessary to make up the propor- tion of two third parts in number and value hereinbefore required, or other the proportion hereinafter required in the case of an inclosure without the assistance of commissioners, without the concurrence of the patron of such benefice, and of the archbishop or bishop to whose ordinary or peculiar jurisdiction the said bene- fice shall be subject; and if the patron of such benefice shall happen to be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian, committee, or husband of such patron to consent to such inclosure in the stead of such patron, and on his or her behalf : provided always, that if the patronage of such benefice shall happen to be in the crown, and the benefice shall exceed the yearly value of twenty pounds in the King's Books, no consent of the incumbent thereof shall be available for the purposes of this act, where such consent shall be necessary to make up either of the proportions aforesaid, without the concurrence of the lord high treasurer or the first lord commissioner of the Treasury for the time being, who are respectively hereby authorized so to concur; but if such benefice shall not exceed the yearly value of twenty pounds in the King's Books, then no consent of the incumbent thereof shall be available for the purposes of this act, where such consent shall be necessary to make up either of the proportions aforesaid, without the concurrence of the lord high chancellor, lord keeper or lords commissioners of the great seal for the time being, who is and are hereby authorized to give such consent on behalf of the crown. " XXI. Provided also, and be it further enacted, that in case any such lands shall have been taken or used at any time before the passing of this act for the erection of a school-house or school-houses, or the appurtenances thereto, or for other cha- ritable purposes, such lands so taken, or the erections made thereon, shall not be taken or deemed to be of the nature of an encroachment within the meaning of this act. " XXX. And whereas the allotments made to any rector or vicar who may be entitled to any glebe lands in such open and common arable, meadow, or pasture lands or fields, or some of such allotments, may probably require some additional buildings, by reason whereof, and in order to render the same of greater value to the said rectors and vicars respectively, and their respective successors, it may be necessary that some buildings should be erected thereon, and some necessary divi- sion as well as interior or subdivision fences may be necessary to be made, planted, and raised in and upon the said allotments or some of them : and whereas the erecting of such further buildings, and the making, planting, and raising such fences, will be attended with considerable expense, and as the same will probably be more beneficial to the successors of such rectors and vicars respectively than to the rector and vicar in whose incumbency such allotment and inclosure may take place ; be it therefore further enacted, that it shall and may be lawful to and for the said rectors and vicars respectively, and their respective successors, by and with the consent in writing of the respective patrons of the said rectories and vicarages, and of the ordinary of the diocese for the time being, to erect or cause to be erected for agricultural purposes such further buildings upon the allotment or allotments, (which buildings the said rectors and vicars respectively, and their respective successors, are hereby required to cause to be insured equal to the value thereof annually in some of the offices in London established for insurance against fire,) so as aforesaid to be set out unto the said rectors and vicars and their respective suc- cessors as aforesaid, and also to make, plant, and raise such outer division as well STATUTA GULIELM1 IV. A.D. 1830—1837. 1769 as interior or subdivision fences in and upon the said allotment or allotments as Stat. 6 8c 7 the said commissioner or commissioners shall judge necessary and proper for the Gul. 4,c. 115. occupation of the lands so to be allotted to the said rectors and vicars respectively, and their respective successors, and by any deed or deeds, writing or writings, under the respective hand and seal of such rectors or vicars respectively, and their respec- tive successors, and attested by two or more credible witnesses, by and with the consent in writing of the bishop of the diocese for the time being, to charge such allotment or allotments so as aforesaid to be set out for the said rectors and vicars respectively, and their respective successors as aforesaid, and the buildings so to be erected thereon, with such sum or sums of money, not exceeding in the whole two years' annual value of the respective allotments so to be set out to the said rectors and vicars respectively, as the said commissioners shall think necessary for the purposes of and in order to be applied to paying and defraying the charges and expenses of erecting the said further buildings, and of making, planting, or raising such division or subdivision fences, or for either of the said purposes, and in apply- ing for and obtaining the consent of the said bishop, and in exercise of the powers given to and vested in the said rectors and vicars respectively by virtue of this act and the said recited act ; which sum or sums of money shall be paid to such person or persons as the said commissioners shall nominate and appoint, in order to be applied or disposed of accordingly ; and for securing the repayment of such sum or sums of money, with interest for the same, to grant, mortgage, lease, or demise the allotments so as aforesaid to be set out unto and for the said rectors and vicars respectively, and their respective successors, as aforesaid, and the buildings so to be erected thereon, unto such person or persons who shall advance and lend the same, his, her, and their executors, administrators, or assigns, for any term or number of years, so that every such grant, mortgage, lease, or demise be made with a pro- viso to cease and be void, or with an express trust to be surrendered, when the sum or sums of money thereby to be secured, with the interest thereof, shall be respectively fully paid and satisfied; and such mortgagee or mortgagees advancing and lending the money so to be borrowed shall not be obliged to see to the application or be in anywise answerable for the misapplication of such monies or any part thereof ; and the said rectors and vicars respectively, and their respec- tive successors for the time being, shall be and are hereby required and made liable, at the end of every year after the date of such mortgage, to pay to the person or persons to wThom such grant, mortgage, lease, or demise shall be made, his, her, or their executors, administrators, or assigns, one thirtieth part of the respective prin- cipal monies so to be borrowed, until the whole thereof shall by such annual payments be paid off and discharged, and also to pay and keep down the interest of the said respective monies so to be borrowed, so that the future rectors and vicars of the said respective parishes or townships becoming possessed of such respective lands and fields shall not be subject or liable (and they are hereby respectively discharged from being subject or liable) to pay any further or larger share of such monies than his or their proportion thereof according to such last- mentioned condition, or any interest for the same save only from the day of the death, resignation, or cession of the preceding incumbent of the said rectories or vicarages respectively ; and that it shall and may be lawful to and for the person or persons who shall advance and lend such monies, his, her, or their heirs, exe- cutors, administrators, and assigns, for the more easily recovering the said one thirtieth part of the said principal and the whole of the interest which is enacted annually to be paid, to have, use, exercise, and take such and the same powers and remedies, by entry and distress upon the premises so to be charged, mortgaged, and demised, and sale of such distress, as by the laws now in force are provided for and given to landlords, or as they can use and take for the recovery of rack rents in arrear. "XXXI. And be it further enacted, that it shall and may be lawful for the Rectors, with rectors of the said rectories and the vicars of the said vicarages respectively for the consent of time being, by indentures under their respective hands and seals, with the consent demise' t^e^ and approbation of the bishop of the diocese for the time being, and of the patron allotments, of the said rectories and vicarages, from time to time to lease and demise all or any 1770 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 6 & 7 Gul.4, c. 115. Exchanges may be made. Allotments to be under the same tenure as the lands in respect of which they are allotted. part of the allotments to be set out and allotted to them respectively by virtue of this act, to any person or persons whomsoever, for any term not exceeding twenty- one years, so that the rent or rents for the same shall be thereby reserved to such rectors and vicars for the time being by four equal quarterly payments in every year, and so that there be thereby reserved to such rectors and vicars the best and most* improved rent or rents that can be reasonably gotten for the same, without taking any fine, foregift, premium, sum of money, or other consideration for grant- ing any such lease, and so that no such lessee by any such lease or demise be made dispunishable for waste by any express words to be therein contained, and so that there be inserted in every such lease power of re-entry on nonpayment of rent or rents to be thereby reserved within a reasonable time, to be therein limited, after the same shall become due, and so that a counterpart of such lease be duly executed by the lessee or lessees to whom such lease shall be made as aforesaid ; and every such lease shall be valid and effectual, any law or usage to the contrary notwithstanding. " XXXV. And be it further enacted, that it shall be lawful for the said com- missioner or commissioners to set out, allot, and award any lands, tenements, or hereditaments whatsoever, whether situate within the boundary of such open and common lands or fields as aforesaid, or adjoining thereto, within the parishes, townships, or places in which the lands to be allotted and inclosed are situated, or any of them, in lieu of and in exchange for any other lands, tenements, or heredi- taments within the same parishes, townships, or places respectively, or any of them, or within any parish, township, or place adjoining to the said parishes, townships, or places respectively, or any of them ; provided that all such exchanges shall be ascertained, specified, and declared in the award of the said commissioner or commissioners, and be made with the consent in writing of the proprietor or proprietors of the hereditaments and premises which shall be so exchanged, whe- ther such proprietor or proprietors shall be a body or bodies politic, corporate, or collegiate, corporation aggregate or sole, rector, parson, vicar, or other eccclesias- tical person or persons, or a tenant or tenants in fee-simple, or for life, or in fee- tail, special or general, or by the courtesy of England, or for years determinable on any life or lives, by and with the consent of the lessor or lessors, but not other- wise, or with the consent of the guardians, husbands, committees, or attomies of or acting for any such proprietor or proprietors who at the time of making such exchange or exchanges shall be respectively infants, femes coverts, idiots, luna- tics, or under any other legal disability, or who shall be beyond the seas, or other- wise disabled to act for themselves, himself, or herself, or of the trustees or feoffees for charitable, parochial, or other uses, or of the person or persons having power to sell and dispose of the hereditaments and premises which shall be so exchanged (such consent to be testified in writing under the common seal of the body politic, corporate, or collegiate, and under the hands of the other consenting parties respec- tively;) and all and every such exchange and exchanges so to be made respec- tively shall be good, valid, and effectual in the law to all intents and purposes whatsoever ; provided nevertheless, that no exchange shall be made of any lands, tenements, and hereditaments held in right of any church, chapel, or other eccle- siastical benefice, without the consent, testified as aforesaid, of the patron thereof, and of the bishop of the diocese in which such benefice shall be situate. " XXXVI. Provided always, and be it further enacted, that the lands, grounds, and hereditaments which shall be allotted or exchanged by virtue of this act shall be held in like manner, under and by virtue of the same terms and rents, and shall be thereafter deemed to be of the same quality and tenure, as the lands, tenements, or hereditaments in respect of which such allotment or allotments or exchanges shall be made were held or deemed to be of immediately before the making of every such allotment or exchange respectively ; provided always, that when the tithes of any common lands or fields agreed to be allotted or inclosed under the provisions of this act belong to different persons or do not extend over the whole of such common lands or fields it shall be lawful for the commissioners or commis- sioner to allot the tithes as well as the land, in order that all persons may have tithe-free allotments in lieu of lands which were before exempted from tithes." STATUTA GULIELMI IV. A.D. 1830-1837. 3771 CXLVIII. Stat. 6 & 7 Gulielmi 4, cap. cxxix. A.D. 1836. Stat. 6 & 7 tAn Act for establishing a Cemetery for the Interment of the Dead southward of Cxxix.' the Metropolis, to be called, 'The South Metropolitan Cemetery.'" CXLIX. Stat. 6 & 7 Gulielmi 4, cap. cxxxvi. A.D. 1836. Stat. 6 & 7 (An Act for establishing Cemeteries for the Interment of the Dead, northward, Cxxxvi °AP* southward, and eastward of the Metropolis, by a Company to be called ' The Ijondon Cemetery Company' " CL. Stat. 7 Gulielmi 4 & 1 Victoria, c. 1(1). A.D. 1837. "An Act to suspend, for a limited Time, the operation of two Acts passed in the last Session of Parliament, for registering Births, Deaths, and Marriages in Eng- land, and for Marriages in England." " Whereas two acts were passed in the last session of parliament, intituled, 'An A ct for registering Births, Deaths, and Marriages in England,' and ' An Act for Marriages in England ;' and by reason of the provisions therein contained the said acts would come into force on the first day of March now next ensuing ; but it is expedient that the full operation of the same should be further delayed ; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same, that, subject to the proviso hereinafter contained, the said two acts respectively shall be construed as if the words ' last day of June ' had been inserted in the said acts instead of the words * first day of March,' in every place where the last-mentioned words are found in the said acts respectively; provided always, that the registrar of every diocese shall within fifteen days after the first day of March now next ensuing, make out and send, through the post-office, directed to the registrar-general of births, deaths, and marriages at his office, a list of all chapels belonging to the church of England within that diocese wherein marriages may be solemnized according to the rites and ceremonies of the church of England, as if this act had not been passed. "II. And be it enacted, that notwithstanding anything in the said acts con- tained, or either of them, the first certified copies of all the entries of births and deaths, or first certificate that there has been no birth or death registered in the register book to be kept by any registrar of births and deaths, and the first certi- fied copy of all the entries of marriages, or first certificate that there has been no marriage entered in the register book kept by any rector, vicar, curate, registrar of marriages, registering office of the society of friends, or secretary of a synagogue, shall be made and given to the superintendent registrar in the month of October now next ensuing, and shall contain and certify all the entries made up to the time at which the same shall be so certified to be a true copy, or that there have been no entries up to that time, as the case may be. "III. And be it enacted, that this act may be altered, amended, or repealed by any act passed in this session of parliament." Stat. 7 Gul. 4 & 1 Vict. c. 1. 6 & 7 Gul. 4, c. 86. 6 & 7 Gul. 4, c. 85. How reeited acts shall be construed as to certain dates. Proviso. First quarterly deliveries of copies of regis- ters &c. to be in October. Act may be amended or repealed this session. CLI. Stat. 7 Gulielmi 4 & 1 Victoria, c. 4. A.D. 1837. Stat. 7 Gul. "An Act to continue, until the first day of July, One thousand eight hundred and \ * 1 VlCT" thirty-seven, the Powers of the Commissioners for inquiring concerning Charities in England and Wales." [Stat. 5 & 6 Gul. 4, c. 71, continued until first of July, 1837.] (1) Amended and explained by Stat. 7 Gul. A & 1 Vict. c. 22. 1772 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 cSc 1 Vict. c. 5. [Sc.] CLII. Stat. 7 Gulielmi 4 & 1 Victoria, c. 5. [Scotland.] A.D. 1837. 'An Act for amending an Act of His late Majesty, for restricting the Punish- ment of Leasing-making, Sedition, and Blasphemy, in Scotland.'"' Stat. 7 Gul. 4 & 1 Vict. cap. xx. CLIII. Stat. 7 Gulielmi 4 & 1 Victoria, cap. xx. A.D. 1837. 'An Act for vesting an Estate belonging to the Dean and Chapter of the Cathedral and Metropolitical Church of Saint Peter in York in Trustees for Sale, and for laying out the Monies arising from such Sales in the Purchase of other Estates, to be settled to the same Uses ; subject nevertheless to making Compensation to the . Dean and Chapter for the time being for certain Fines payable on Renewal of the Leases of the said first -mentioned Estate, and also for Payment of certain Debts due on account of the said Cathedral Church." Stat. 7 Gul. 4 & 1 Vict. c. 22. 6 & 7 Gul. 4, c. 85. 6 & 7 Gul. 4, c. 86. Meaning of the words " Notice to the registrar," and " Regis- trar's certifi- cate." Certificate of baptismal name to be made by regis- trar or super- intendent registrar, as the case may be. Superintend- ent registrars unduly issuing licences, or solemnizing marriages, guilty of felony. Whereunto committals shall be. CLIV. Stat. 7 Gulielmi 4 & 1 Victoria, c. 22 (1). A.D. 1837. "An Act to explain and amend two Acts passed in the last Session of Parlia- ment, for Marriages, and for registering Births, Deaths, and Marriages, in England." " Whereas by an act made in the last session of parliament, intituled, * An Act for Marriages in England,' and by another act, intituled, 8 An Act for registering Births, Deaths, and Marriages in England,' sundry provisions were made for the duties of superintendent registrars and also of registrars and deputy registrars of births, deaths, and marriages, which several provisions require to be further explained and amended : and whereas the recited acts require amendment in other respects, be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that where in the said act for marriages in England provision is made for giving notice of mar- riage to any registrar, and where in the last recited act, or any schedule thereunto annexed, mention is made of any such notice, or of the registrar's certificate of any such notice, the same shall be construed respectively to mean the notice to be given to the superintendent registrar, and the certificate thereof to be issued by the superintendent registrar, according to the provisions for that purpose contained in the last recited act. " II. And whereas by the said act for registering births, deaths, and marriages, it is provided, that in the case of any child to which any name shall be given in baptism after its birth shall have been registered under the provisions of the said act, a certificate shall be delivered in manner provided by the said act, signed by the minister who shall have performed the rite of baptism, and that the registrar shall certify upon the said certificate the additional entry in the register book thereupon required by the said act to be made, and shall forthwith send the said certificate through the post-office to the registrar- general ; be it enacted, that the certificate that such additional entry has been made shall be made and sent as aforesaid by the registrar or superintendent registrar, as the case may be, to whom the minister's certificate shall have been delivered, according to the provisions of the said act. " III. And be it enacted, that every superintendent registrar who shall know- ingly and wilfully issue any licence for marriage after the expiration of three calendar months after the notice shall have been entered by the superintendent registrar, as provided by the said act for marriages, or who shall knowingly and wilfully solemnize or permit to be solemnized in his office any marriage in the last recited act declared to be null and void, shall be guilty of felony. " IV. And whereas in that part of the said act for registering births, deaths, and marriages in England which provides for the recovery of penalties, the word 'offender' has been once inserted by mistake instead of the word 'offence'; be it enacted, that in all cases in which any justices are by the last recited act author- (1) Vide Stat. 3 & 4 Vict. c. 72. STATUTA GULIELMI IV.. A.D. 1830—1837. 1773 ized to imprison any offender against the last recited act, the place of imprisonment shall he the common gaol or house of correction for the county, city, or place where the offence shall be committed. " V. And be it enacted, that for the purpose of enabling any person to recover costs and damages in any action, as provided by the said act for marriages, from any person who shall have entered a caveat on frivolous grounds with the superin- tendent registrar, a copy of the declaration of the registrar-general purporting to be sealed with the seal of the general register office shall be evidence that the regis- trar-general has declared such caveat to have been entered on frivolous grounds, and that they ought not to obstruct the grant of the licence or issue of the certifi- cate, as the case may be ; and such declaration shall have the effect of the declara- tion required in such case by the said act for marriages. " VI. And whereas it hath been doubted, under the provisions of the said act for registering births, deaths, and marriages in England, when the registration of the births and deaths of persons born and dying at sea ought to begin ; be it enacted, that the marine register books shall begin with the birth and death respec- tively which shall happen of persons born or dying at sea after the last day of June, one thousand eight hundred and thirty-seven, and of which a certificate shall be first sent to the registrar-general according to the provisions of the last recited act, and shall not contain any registry of the birth or death of any person born or dying at sea before the first day of July, one thousand eight hundred and thirty-seven. " VII. And be it enacted, that the registrar-general may receive and send by the general post from and to all ports and places in the United Kingdom of Great Britain and Ireland, all letters and packets relating exclusively to the execution of the said acts for marriages, and for registering births, deaths, and marriages, or of this act, free from the duty of postage, subject to the provisions and conditions of the said act for registering births, deaths, and marriages, with respect to letters and packets so received or sent by him from and to places in England. " VIII. And be it enacted, that it shall be lawful for the registrar-general, if he shall think fit, to direct that the place of birth or death of any person whose birth or death shall be registered under the said act for registering births, deaths, and marriages, shall be added to the entry in such manner as the registrar-general shall direct ; and such addition, when so made, shall be taken to all intents to be part of the entry in the register. " IX. And be it enacted, that it shall be lawful for the registrar-general, with the consent of the poor law commissioners, to direct that any place lying wholly within but not being part of any union, parish, or place for which a board of guardians shall have been established under the provisions of an act passed in the fourth and fifth years of his late majesty King William the Fourth, intituled, 4 An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales,' shall be part of any one or more registrar's districts within such union, parish, or place, and within the superintendence of the super- intendent registrar thereof, or if not lying wholly within any one such union, parish, or place as last aforesaid, then to be for those purposes annexed to such union, parish, or place as last aforesaid, as the registrar-general, with the consent of the poor law commissioners, shall direct. "X. And be it enacted, that it shall be lawful for the registrar-general, if he shall see fit, with the approval of one of her majesty's principal secretaries of state, to unite any two or more unions, parishes, or places for which a board of guardians shall have been established under the act last aforesaid, or any two or more super- intendent registrars' districts, into one superintendent registrar's district ; and in every such case of union the registrar-general shall declare by which board of guardians the superintendent registrar shall thenceforward be appointed ; and the superintendent registrar of the union, parish, or place for which such board is established shall from the time of such union be the sole superintendent registrar of such united district ; and every provision of the said acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and Stat. 7 Gul. 4 & 1 Vict. c. 22. Registrar- general's cer- tificate of frivolous caveat to be evidence. Commence- ment of marine register book. Privilege of franking extended to the United Kingdom. Place of birth or death may be inserted in the register. Provision for including ex- tra-parochial places in regis- trar districts. 4 & 5 Gul. 4, Registrar- general may unite districts. 1774 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 22. Registrar- general may divide unions or districts. As to locality of superin- tendent regis- trar's office. If guardians neglect to form registrar's districts, poor law commis- sioners shall form them, and appoint registrars thereto. If guardians neglect to appoint regis- trars or super- intendent registrars, the registrar-ge- neral to appoint them. to the districts under their superintendence, and to boards of guardians within such districts, shall apply to every such superintendent registrar, and to every such district, and to the board of guardians so selected and declared ; and all regis- ter boxes, keys, books, documents, and papers in the possession of any superin- tendent registrar who shall cease to be such under the provisions of this act, shall be delivered to the superintendent registrar of the united district, and may be recovered in the manner provided by the last recited acts, and shall be removed from the office of the person ceasing to be superintendent registrar to the office of the superintendent registrar of the united district ; and the office of every superin- tendent registrar ceasing to be such under the provisions of this act shall from the time of such union as last aforesaid cease to be a register office within the meaning of the said last recited acts, and it shall be lawful for the commissioners of her majesty's Treasury, or any three of them, to cause to be repaid out of the consoli- dated fund such sum as the board of guardians shall have legally paid or for which they may have lawfully become liable as such guardians, for the sole purpose of providing a register office ; and in every case in which such union as last aforesaid shall be intended to take place, the registrar-general shall give public notice thereof, and of the time when the same shall take effect, by advertisement in the London Gazette, and in some newspaper circulating within the county ; and every such union shall take effect from the day named in such advertisement in the London Gazette. " XI. And be it enacted, that it shall be lawful for the registrar-general, if he shall see fit, with the approval of one of her majesty's principal secretaries of state, to divide any union, parish, or place, or any superintendent registrar's district, into two or more superintendent registrars' districts, and notice of every snch division shall be published in the London Gazette ; and in every such case the guardians shall appoint a sufficient number of persons, with such qualifications as the registrar-general may by any general rule declare to be necessary, to be super- intendent .registrars of the new districts, and shall also appoint the district for which the clerk to the guardians or other person who may have been theretofore appointed as superintendent registrar of the whole union, parish, or place, shall continue to be superintendent registrar ; and every provision of the said recited acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and the districts under their superintendence, shall apply to every superintendent registrar so appointed, and to the district for which he shall be so appointed. "XII. And be it enacted, that the superintendent registrar's office shall be taken, for the purposes of the said act for marriages, and for registering births, deaths, and marriages, and of this act, to be within the district of which it is the register office, although not locally situated therein. " XIII. And be it enacted, that in case any such board of guardians of any union, parish, or place as aforesaid shall not have divided such union, parish, or place into registrar's districts, with the approval of the registrar-general, before the first day of July now next ensuing, in case the said board was established before the first day of March now last past, or within three calendar months next after their establishment in case the said board shall have been established on or after the said first day of March, the poor law commissioners for England and Wales shall divide such union, parish, or place into registrar's districts, and shall appoint a registrar to each of such districts, qualified according to the provisions of the said act for registering births, deaths, and marriages ; and every registrar so appointed shall hold his office during the pleasure of the registrar-general. " XIV. And be it enacted, that in every case in which the clerk to any such board of guardians shall not think fit or shall be disqualified to accept the office of superintendent registrar, and the guardians shall refuse or neglect during fourteen days after being required so to do by the registrar-general to appoint a superin- tendent registrar properly qualified, and in every case of vacancy of the office of registrar or superintendent registrar in any such union, parish, or place in which the guardians shall refuse or neglect during fourteen days after such vacancy to STATUTA GULIELMI IV. A.D. 1830—1837. 1775 act for him in certain cases. appoint a registrar or superintendent registrar properly qualified, the appointment Stat. 7 Gul. shall lapse to the registrar-general. J ^ ' ict. " XV. And be it enacted, that the registrar-general shall have power, subject to ' . ' the approval of the commissioners of the Treasury, to appoint by writing under his generai may hand a fit person to act as his assistant in the case of the illness of the registrar- appoint an general; and every such assistant, while so acting, shall have all the powers and assistant to duties and be subject to all the provisions and penalties declared by the said acts for marriages, and for registering births, deaths, and marriages, in England, and by this act, or any of them ; except that such assistant shall not have power to make or declare any general rule, or to rescind or alter any order, regulation, or approval signified and made by the registrar-general in writing under his hand, or to dismiss any person from any office holden during the pleasure of the registrar- general. "XVI. And be it enacted, that every superintendent registrar shall have the Superintend- power, subject to the approval of the registrar-general, to appoint by writing under ent registrar his hand a fit person to act as his deputy in case of the illness or absence of such ^^^y to^ct* superintendent registrar ; and every such deputy superintendent registrar, while so for nim jn acting, shall have all the powers and duties and be subject to all the provisions and certain cases, penalties declared by the said acts for marriages, and for registering births, deaths, and marriages, in England, and by this act, concerning superintendent registrars ; and in case of the death of the superintendent registrar shall act as superintendent registrar until another be appointed ; and every superintendent registrar shall be civilly responsible for the acts and omissions of his deputy. " XVII. And be it enacted, that whenever there are two or more clerks to the jf more t}ian guardians of any union, parish, or place, established under the provisions of the one clerk to a said act for amending the laws relating to the poor, one only of whom shall possess board of guar- such qualifications as the registrar-general by any general rule hath declared or f^gm'to °* shall declare to be necessary, or one only of whom shall think fit to accept the superintendent office of superintendent registrar of such union, parish, or place, such one shall be registrar, the superintendent registrar of such union, parish, or place ; and if two or more of such clerks shall possess such qualifications as aforesaid, and be willing to accept such office, then such guardians shall elect and choose one of such clerks (possess- ing such qualifications as aforesaid) to be the superintendent registrar of such union, parish, or place ; and that no other person shall be or be elected or appointed to be superintendent registrar of any such union, parish, or place, unless all the clerks to the board of guardians (possessing such qualifications as aforesaid) shall not think fit to accept such office. " XVIII. And be it enacted, that every registrar of births and deaths, and every Exemption of registrar of marriages appointed under the provisions of the said acts or either registrars from of them, shall be freed and exempted from being returned and from serving on any Parochial and jury or inquest, and from every parochial and corporate office whatever. offices^6 " XIX. And be it enacted, that for better enabling fit register offices to be pro- Guardians may vided, it shall be lawful for any such board of guardians to borrow money for that borrow money purpose, and to charge the amount of the sum borrowed on the future poor rates for providing of the parish, union, or place of which they are the guardians, in the manner pro- reSlster offices' vided by the said act for amending the laws relating to the poor with respect to monies borrowed for building workhouses for the relief of the poor ; save only that the yearly instalments by which any money borrowed as aforesaid shall be repaid shall not be less than one twentieth of the sum borrowed, with interest on the same, and need not be more in any one year. " XX. And be it enacted, that in any case in which any such board of guar- If guardians dians shall neglect or refuse to provide and uphold a register office according to the neglect to pro- provisions of the said act for registering births, deaths, and marriages, it shall be vide a re§i*ter lawful for the commissioners of the Treasury, or any three of them, on the applica- ^i^T"'' tion of the registrar-general, to give directions for providing and upholding the Treasury may same, and to expend a sum not exceeding three hundred pounds in providing the direct ic to be same, and also all sums needful for the repair and maintenance thereof from time Provided- to time, in case the guardians shall continue to refuse or neglect to repair and 1776 STATUTA GULTELMI IV. A.D. 1830— 18.17. Stat. 7 Gul. 4 & 1 Vict. c. 22. Substitute for register office until the same is provided. Registrar- general to limit the number of registrars of marriage. Provision for marriages in the Welsh tongue. Notices of marriage to be suspended in the superin- tendent regis- trar's office, instead of being read at the meetings of guardians, and particulars of the same sent to the regis- trar. Cost of paro- chial marriage register books and forms, how to be defrayed. uphold the same ; and it shall be lawful for the said commissioners, or any three of them, to make an order from time to time on such guardians for the repayment, out of the monies coming to their hands as such guardians, of all sums so to be from time to time expended, and such order shall be binding upon the said guar- dians, and the guardians shall also be bound to pay out of the monies coming to their hands as such guardians all costs and expenses incurred by or under the direction of the said commissioners in making and enforcing such order. " XXI. And be it enacted, that until a register office shall be provided in any superintendent registrar's district, the superintendent registrar shall appropriate some fit room or rooms to be approved by the registrar-general, as the superinten- dent registrar's office of that district. " XXII. And be it enacted, that the registrar-general shall be authorized to fix from time to time the number of registrars of marriage to be appointed by any superintendent registrar ; and no superintendent registrar shall have power to appoint more than the number so fixed for him to appoint. "XXIII. And be it enacted, that the registrar-general, under the direction of one of her majesty's principal secretaries of state, shall take order that the solemn decla- ration and form of words provided to be used in the case of marriages under the said act for marriages be truly and exactly translated into the Welsh tongue, and shall cause the same so translated to be furnished to every registrar of marriages through- out Wales, and in all places where the Welsh tongue is commonly used ; and it shall be lawful to use the declaration and form of words so translated, and pub- lished by authority, in all places where the Welsh tongue is commonly used or preferred, in such manner and form and to the same intents and purposes as by the said act is prescribed in the English tongue. " XXIV. And whereas by the said act for marriages in England, provision is made for the transmission of notices of marriage to the clerk to the guardians of the poor law union, or of the parish or place comprising the district of a superin- tendent registrar, and for the reading of the same at certain meetings of such guardians : and whereas it may happen in certain superintendent registrar's dis- tricts that there may be no such guardians ; be it therefore enacted, that in every such case, but only until the election of such board of guardians and of a clerk to their board, every notice of marriage given according to the provisions of the said act for marriages, or a true and exact copy thereof, under the hand of the superin- tendent registrar, shall be suspended in some conspicuous place in the office of the superintendent registrar during seven successive days, if the marriage is to be solemnized by licence, or twenty-one successive days if the marriage is to be solem- nized without licence, before any marriage shall be solemnized in pursuance of such notice ; and the particulars of every such notice shall be sent by the superin- tendent registrar to every registrar of marriages within his district, and shall be open to the inspection of every one who shall apply at reasonable times to such registrar to inspect the same. " XXV. And whereas by the said act for registering births, deaths, and mar- riages, it is provided that the cost of all marriage register books and forms for cer- tified copies thereof, furnished to the rector, vicar, or curate of every church and chapel in England wherein marriages may lawfully be solemnized, shall be paid by the churchwardens and overseers of the parish or chapelry out of the monies in their hands as such churchwardens or overseers, and that the cost of register books of births and of register books of deaths, and of forms for certified copies thereof, shall be paid by the guardians or by the churchwardens and overseers, (as the case may be,) out of the monies coming to their hands or control as such guardians or churchwardens and overseers ; be it enacted, for removing doubt as to the fund chargeable therewith, that the cost of all such books and forms shall be borne by the union, parish, or place in and for which the superintendent registrar is appointed who superintends the registrar for whose use such books were provided, or to whom such rector, vicar, or curate is by the said act directed to deliver one copy of such register ; and such cost shall be paid to the said superintendent registrar by the guardians or by the churchwardens and overseers, as the case shall be, out of the STATUTA GULIELMI IV. A.D. 1830—1837. 1777 monies coming into their hands as such guardians or such churchwardens and overseers for the relief of the poor. " XXVI. And be it enacted, that the certified copies of the entries of births, deaths, and marriages, required by the said acts for marriages, and for registering births, deaths, and marriages, or by an act passed in this session of parliament, intituled, c An Act to suspend for a limited time the Operation of two Acts passed in the last Session of Parliament for registering Births, Deaths, and Marriages in England, and for Marriages in England,' to be made and delivered to the superintendent registrar, and also the certificates to be made and delivered to the superintendent registrar that there has been no birth, death, or marriage, registered since the delivery of the last certificate, shall in every case be made up and refer respectively to the last days of March, June, September, and December then next preceding, and not to the time of the making or delivery of such certified copy or certificate when made on any subsequent day. " XXVII. And whereas it is required by the said act for registering births, deaths, and marriages, that every rector, vicar, and curate shall register in dupli- cate the particulars of every marriage solemnized by him, one of which registers he is also required to deliver when filled to the superintendent registrar of the district in which such church or chapel may be situated, and also four times in every year to deliver to the said superintendent registrar a true copy, certified by him under his hand, of all the entries of marriages in the register book kept by him since the last certificate ; be it enacted, that the said superintendent registrar shall pay or cause to be paid to the said rector, vicar, or curate, the sum of six- pence for every entry contained in such certified copy, which sum shall be reim- bursed to the said superintendent registrar by the guardians or overseers of the union, parish, or place for which he shall be appointed superintendent registrar as aforesaid, in like manner as by the said act is provided for the payment of the registrar on production of his accounts to the superintendent registrar. " XXVIII. And be it enacted, that every person who under the provisions of the said acts for marriages, and for registering births, deaths, and marriages, or either of them, as amended by this act, is required to make and deliver to any superintendent registrar a certified copy of the entries of any births, deaths, or marriages registered by him, or the certificate required by the said acts as amended by this act that there have been no entries since the last certificate, and who after being duly required to deliver such certified copy or such certificate as aforesaid shall refuse or during one calendar month neglect so to do, shall be liable for eveiy such offence to forfeit a sum not exceeding ten pounds, to be recovered as other penalties for offences against the said acts are made recoverable : provided always, that in such case a moiety of the penalty shall not go to the informer, but the whole shall go to the registrar-general, or such other person as the commissioners of the Treasury shall appoint, for the use of her majesty. " XXIX. And be it enacted, that in every case in which any rector, vicar, or curate is required by either of the said acts for marriages, and for registering births, deaths, and marriages, or by this act, to give or deliver any notice, certificate, or certified copy to any superintendent registrar, it shall be sufficient for such rector, vicar, or curate to give or deliver the same to some registrar under the superintend- ence of such superintendent registrar ; and every registrar on receiving any such notice, certificate, or certified copy shall give or deliver the same to the superin- tendent registrar ; and each superintendent registrar shall direct the registrars of births and deaths under his superintendence quarterly or oftener if he shall think fit or shall be so ordered to do by the registrar-general to collect the notices, certificates, and certified copies from every rector, vicar, and curate within his district. " XXX. And for removing of all doubt with regard to the administration of oaths, be it enacted, that every person before whom by the said acts or either of them an oath is directed to be taken is hereby authorized to administer the same. " XXXI. And be it enacted, that the prosecution for every offence punishable 5 X Stat. 7 Gul. 4 & 1 Vict. c. 22. Certified copies of register books to be made up quarterly. 7 Gul. 4, c. 1. Clergyman to be paid for making register in duplicate. Penalty for neglecting to send certified copies of register books. Certificates, &c. required to be given to any superin- tendent regis- trar may be given to any registrar, who is to forward the same, &c. Authority for adminisiering oaths. Limitation as to summary convictions. 1778 STATUTA GULIELM1 IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 22. Stamp duty not payable on licensing chapels for marriages. Banns may be published in chapels where marriages may be solemnized. Marriages may be in licensed chapels, though only one of the parties is resi- dent in the district. Publication of banns where the parties reside in differ- ent districts. Any building used exclu- sively as a Ro- man catholic chapel for one year may be registered for celebration of marriages. Notice to superintendent registrar, and issue of certi- ficate by him, to be used and stand instead of banns. upon summary conviction by virtue of the said acts or this act shall be commenced within three months after the commission of such offence. " XXXII. And he it enacted, that no stamp duty shall be required nor shall any duty be chargeable on any licence under the hand and seal of any bishop, or any other instrument necessary for authorizing the solemnization of marriages in any chapel according to the provisions of the said act for marriages. " XXXIII. And be it enacted, that the banns of marriage of any persons may be published in any chapel licensed by the bishop, according to the provisions of the said act for marriages, for the solemnization of marriages, in which those per- sons might lawfully be married ; and instead of the notice required by the said act the words 'banns may be published and marriages may be solemnized in this chapel ' shall be placed in some conspicuous part in the interior of every such chapel. " XXXIV. And whereas doubts may arise whether under the said recited acts it is lawful for the bishop to license chapels for marriages between parties one only of whom resides within the district specified in such licence; be it therefore enacted and declared, that all such licences shall be construed to extend to and authorize marriages in such chapels between parties one or both of whom is or are resident within the said district : provided always, that where the parties to any marriage intended to be solemnized after publication of banns shall reside within different ecclesiastical districts the banns for such marriage shall be published as well in the church or chapel wherein such marriage is intended to be solemnized as in the chapel licensed under the provisions of the said recited act for the other district within which one of the parties is resident, and if there be no such chapel then in the church or chapel in which the banns of such last-mentioned party might be legally published if the said recited act had not been passed. " XXXV. And whereas certain provisions are made in the act, intituled, 1 An Act for Marriages in England,' relating to the celebration of marriages in separate buildings ; be it enacted, that any building which shall have been licensed and used during one year next before registration for public religious worship as a Roman catholic chapel exclusively shall be taken to be a separate building for the purpose of being registered for the celebration of marriages, notwithstanding the same shall be under the same roof with any other building, or shall form a part only of a building. " XXXVI. And whereas it is enacted in the said recited act for marriages in England, that where by any law or canon in force before the passing of the said act it is provided that any marriage may be solemnized after publication of banns, such marriage may be solemnized in like manner on production of the registrar's certificate as thereinafter provided ; be it enacted, that the giving of notice to the superintendent registrar, and the issue of the superintendent registrar's certificate, as in the said act and by this act provided, shall be used and stand instead of the publication of banns to all intents and purposes where no such, publication shall have taken place ; and every parson, vicar, minister, or curate in England shall solemnize marriage after such notice and certificate as aforesaid in like manner as after due publication of banns: provided always, that the church wherein any marriage according to the rites of the church of England shall so be solemnized shall be within the district of the superintendent registrar by whom such certificate as aforesaid shall have been issued." Stat. 7 Gul. CLV. Stat. 7 Gulielmi 4 & 1 Victoria, cap. xxiv. A.D. 1837. 4 & 1 Vict. cap. xxiv. ^ct t0 enao^e the Rector of the Parish of Wigan, in the County Palatine of Lancaster to grant Leases of the Mines, and Building Leases, subject to Ground Rents, of the Glebe Lands belonging to the said Rectory ; and for other Pur- poses" STATUTA GU LI ELM I IV. A.D. 1830—1837. 1779 CLVI. Stat. 7 Gulielmi 4 & 1 Victoria, c. 26. A.D. 1837. "An Act for the Amendment of the Laws with respect to Wills'9 " Be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the words and ex- pressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; (that is to say,) the word ' will' shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of an act passed in the twelfth year of the reign of King Charles the Second, intituled, 4 An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights' Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof,' or by virtue of an act passed in the parliament of Ireland in the fourteenth and fif- teenth years of the reign of King Charles the Second, intituled, 'An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights' Service,' and to any other testamentary disposition; and the words 4 real estate' shall extend to manors, advovvsons, messuages, lands, tithes, rents, and heredita- ments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein ; and the words i personal estate ' shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money, (not being real estates,) debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the exe- cutory) or administrator, and to any share or interest therein; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. " II. And be it further enacted, that an act passed in the thirty-second year of the reign of King Henry the Eighth, intituled, ' The Act of Wills, Wards, and Primer Seisins, whereby a Man may devise Two Parts of his Land ;' and also an act passed in the thirty-fourth and thirty-fifth years of the reign of the said King Henry the Eighth, intituled, < The Bill concerning the Explanation of Wills ;' and also an act passed in the parliament of Ireland, in the tenth year of the reign of King Charles the First, intituled, ' An Act how Lands, Tenements, etc., may be disposed by Will or otherwise, and concerning Wards and Primer Seisins ;' and also so much of an act passed in the twenty-ninth year of the reign of King Charles the Second, intituled, * An Act for Prevention of Frauds and Perjuries,' and of an act passed in the parliament of Ireland in the seventh year of the reign of King William the Third, intituled, « An Act for Prevention of Frauds and Perjuries,' as relates to devises or bequests of lands or tenements, or to the revocation or alter- ation of any devise in writing of any lands, tenements, or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering, or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein ; and also so much of an act passed in the fourth and fifth years of the reign of Queen Anne, intituled, < An Act for the Amendment of Stat. 7 Gul. 4 & 1 Vict. c. 26. Meaning of certain words in this act. Will.' 12 Car. 2,0.24. 14 & 15 Car. 2, Ir. Real estate. "Personal estate." Number. Gender. Repeal of the Statutes of Wills, 32 Hen. 8, c. 1, and 34 & 35 Hen. 8, c. 5 ; 10 Car. 1, Sess. 2, c. 2, Ir.; ss. 5, 6, 12, 19, 20, 21, & 22, of the Sta- tute of Frauds, 29 Car. 2, c. 3 ; 7 Gul. 3, c. 12, Ir.; s. 14 of 4 & 5 Ann. c. 16 ; ( 1 ) Executor : — Next of kin are not barred by mere lapse of time, by acquiescence, or by the receipt of legacies, from requiring execu- tors to prove a will in solemn form. But, where a will had been declared well proved in the court of Chancery after an order for an issue devisavit vel non, had been discharged on the petition of the heiress at law, (also sole next of kin,) and her husband, and an annu- ity bequeathed to her regularly received dur- ing fourteen years, the Prerogative court of Canterbury refused, at the prayer of the heir- ess at law and her husband, to call on the executors to prove that will in solemn form. Merryweather v. Turner, 3 Curt. 802. 3 Eccles. Notes of Cases, 55. 5 X 2 1780 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. 6 Ann. c. 10, Ir.; s. 9 of 14 Geo. 2, c. 20; 25 Geo. 2,c. 6, (except as to colonies;) 25Geo.2,c.ll, Ir.; 55 Geo. 3, c. 192. All property maybe disposed of by will, comprising customary freeholds and copyholds without sur- render and before admit- tance, and also such of them as cannot nowbe devised; estates pur autre vie; contingent interests ; rights of entry ; and property acquired after execution of the will. As to the fees and fines pay- able by devi- the Law and the better Advancement of Justice,' and of an act passed in the par- liament of Ireland in the sixth year of the reign of Queen Anne, intituled, ' An Act for the Amendment of the Law and the better Advancement of Justice,' as relates to witnesses to nuncupative wills ; and also so much of an act passed in the fourteenth year of the reign of King George the Second, intituled, 4 An Act to amend the Law concerning Common Recoveries, and to explain and amend an Act made in the twenty-ninth year of the Reign of King Charles the Second, intituled, "An Act for Prevention of Frauds and Perjuries," ' as relates to estates pur autre vie; and also an act passed in the twenty-fifth year of the reign of King George the Second, intituled, ' An Act for avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates in that part of Great Britain called England, and in His Majesty's Colonies and Plantations in America,' except so far as relates to his majesty's colonies and plantations in America ; and also an act passed in the parliament of Ireland in the same twenty-fifth year of the reign of King George the Second, intituled, * An Act for the avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates ;' and also an act passed in the fifty-fifth year of the reign of King George the Third, intituled, ' An Act to remove certain Difficulties in the Disposition of Copyhold Estates by Will,' shall be and the same are hereby repealed, except so far as the same acts or any of them respectively relate to any wills or estates pur autre vie to which this act does not extend. " III. And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate (1) and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve upon the heir at law, or customary heir of him, or ir he became entitled by descent, of his ancestor, or upon his executor or administra- tor ; and that the power hereby given shall extend to all real estate of the nature of customary freehold or tenant right, or customary or copyhold, notwithstanding that the testator may not have surrendered the same to the use of his will, or notwithstanding that, being entitled as heir, devisee, or otherwise to be admitted thereto, he shall not have been admitted thereto, or notwithstanding that the same, in consequence of the want of a custom to devise or surrender to the use of a will or otherwise, could not at law have been disposed of by will if this act had not been made, or notwithstanding that the same, in consequence of there being a cus- tom that a will or a surrender to the use of a will should continue in force for a limited time only, or any other special custom, could not have been disposed of by will according to the power contained in this act, if this act had not been made ; and also to estates pur autre vie, whether there shall or shall not be any special occupant thereof, and whether the same shall be freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament ; and also to all contingent, executory, or other future interests in any real or personal estate, whether the tes- tator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will ; and also to all rights of entry for conditions broken, and other rights of entry ; and also to such of the same estates, interests, and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. " IV. Provided always, and be it further enacted, that where any real estate of the nature of customary freehold or tenant right, or customary or copyhold, might, by the custom of the manor of which the same is holden, have been surrendered to (1) All real estate . —Before this statute freehold estates in joint tenancy could not be devised, nor estates tail, except by first con- verting them into fee-simple. Roberts, 3 Burr. 1488. Swift STATUTA GULIELMI IV. A.D. 1830—1837. 1781 the use of a will, and the testator shall not have surrendered the same to the use of Stat. 7 Gul. his will, no person entitled or claiming to be entitled thereto by virtue of such will 4 & 1 Vict. shall be entitled to be admitted, except upon payment of all such stamp duties, c' 26' fees, and sums of money, as would have been lawfully due and payable in respect sees of cus- of the surrendering of such real estate to the use of the will, or in respect of pre- p^JJ^S? senting, registering, or enrolling, such surrender, if the same real estate had been estates. surrendered to the use of the will of such testator : provided also, that where the testator was entitled to have been admitted to such real estate, and might, if he had been admitted thereto, have surrendered the same to the use of his will, and shall not have been admitted thereto, no person entitled or claiming to be entitled to such real estate in consequence of such will shall be entitled to be admitted to the same real estate by virtue thereof, except on payment of all such stamp duties, fees, fine, and sums of money, as would have been lawfully due and payable in respect of the admittance of sucli testator to such real estate, and also of all such stamp duties, fees, and sums of money, as would have been lawfully due and payable in respect of surrendering such real estate to the use of the will, or of presenting, registering, or enrolling, such surrender, had the testator been duly admitted to such real estate, and afterwards surrendered the same to the use of his will ; all which stamp duties, fees, fine, or sums of money due as aforesaid shall be paid in addition to the stamp duties, fees, fine, or sums of money due or payable on the admittance of such person so entitled or claiming to be entitled to the same real estate as aforesaid. " V. And be it further enacted, that when any real estate of the nature of cus- Wills or ex- tomary freehold or tenant right, or customary or copyhold, shall be disposed of by tracts of wilk will, the lord of the manor or reputed manor of which such real estate is holden, or freehoid™^ his steward, or the deputy of such steward, shall cause the will by which such dis- copyholds to position shall be made, or so much thereof as shall contain the disposition of such be entered on real estate, to be entered on the court rolls of such manor or reputed manor ; and ^e court rolls 5 when any trusts are declared by the will of such real estate, it shall not be neces- sary to enter the declaration of such trusts, but it shall be sufficient to state in the entry on the court rolls that such real estate is subject to the trusts declared by and the lord such will ; and when any such real estate could not have been disposed of by will *° j^e^me^ if this act had not been made, the same fine, heriot, dues, duties, and services shall gne &c when be paid and rendered by the devisee as would have been due from the customary such estates heir in case of the descent of the same real estate, and the lord shall as against the are not now devisee of such estate have the same remedy for recovering and enforcing such ^^[^v? lie fine, heriot, dues, duties, and services, as he is now entitled to for recovering been from the and enforcing the same from or against the customary heir in case of a descent. heir in case of " VI. And be it further enacted, that if no disposition by will shall be made of descent, any estate pur autre vie of a freehold nature, the same shall be chargeable in the Estates pur hands of the heir, if it shall come to him by reason of special occupancy, as assets autre vie' by descent, as in the case of freehold land in fee-simple ; and in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate. wiu 0f a " VII. And be it further enacted, that no will made by any person under the person under age of twenty-one years shall be valid. age valid; "VIII. Provided also, and be it further enacted, that no will made by any °^Ja^^ married woman shall be valid, except such a will as might have been made by a ^ "ffit married woman before the passing of this act. now be made. "IX. And be it further enacted, that no imU(l) shall be valid unless it shall be Every will shall (1) No will .—In Coventry v. Williams, (3 Mrs. Chase, of which the following is a copy, Curt. 788; 3 Eccles. Notes of Cases, 164;) was refused probate, in consequence of its a paper propounded as a codicil on behalf of not being of a testamentary character. 1782 STATUTA GULIELMI IV. A.D. 1830— 1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. be in writing, and signed by in writing and executed in manner hereinafter mentioned (1 ) ; (that is to say,) it shah be signed at the foot or end thereof by the testator (2), or by some other person in his "Severn Bank, Worcester, Nov. 18th, 1840. " In consequence of a late introduction to Mrs. Chase, finding her talents and virtues were unrepaid either by her profession (to which she is an ornament) or by her hus- band, who since that acquaintance has been proved to be already married, I have deter- mined to offer her as a tribute to her talents and virtues the following small pittance, that poverty may never overtake her. I shall immediately order Mr. Morland, who has made my will, to make the following codicil to it. That whereas in consideration of my sincere affection for her irreproachable cha- racter, and her other virtues, she shall enjoy from me the small but welcome allowance of fifty pounds per annum, to be paid by Messrs. Coutts and Co., Bankers, Strand, half-yearly, quarterly, or annually, as she shall will it. And after her death, (which I cannot contemplate without feelings of the deepest regret,) to her son. Given under my hand and seal, this 18th of November, 1840. Coventry. Witness, Thomas Mar- chant. Richard Chambers, M.D." (1) No will shall he valid unless it shall be in writing and executed in manner here- inafter mentioned: — In the Goods of Wil- liam Martin, (3 Curt. 754,) it appeared, that the will was prepared and executed on a printed form, that the testator had been mis- led by printed directions, and, instead of signing his name " at the foot or end there- of," it was signed at the left hand, "opposite about the middle of the appointment of exe- cutors, in the right hand column or division of the paper;" but motion for probate was rejected. By the law of Turkey, no subject of that country can make a will. By treaty between Great Britain and the Ottoman Empire, an English subject domiciled in Turkey may make a will. I. M. was the son of an Englishman who had died domiciled at Smyrna. I. M. himself had never been in England, except for the space of six years, and then only for the purpose of education ; he died at Smyrna, having made a will in the form of an English will, but not executed and attested according to Stat. 7 Gul. 4 & 1 Vict. c. 26. Probate of such paper was refused. Maltass v. Maltass, Ibid. 231. 3 Eccles. Notes of Cases, 257. A will is not valid unless executed in con- formity with the law prevailing in the country where the testator is domiciled; and the fact of the property (personal) bequeathed by such will, being locally situate in another country, and of the will being duly executed according to the law of that country, will work no distinction, Ferraris (De Zichy) Countess of) v. Hertford {Marquis of), 3 Curt. 468. Where there is a will, with the signa- ture of the deceased at the foot thereof, with the names of two witnesses subscribed to it, the court will not, on motion upon affidavit, ex parte, that the will was not duly executed, decree the deceased to be dead in- testate. In the Goods of Ayling, 1 Ibid. 913. (2) Signed at the foot or end thereof by the testator: —Where a will was prepared for a party, who, from paralysis had lost the use of speech, and almost of his limbs, signed with a mark, it was pronounced for. In the Goods of Charles Ventris Field, 3 Ibid. 752. Probate was allowed of a will concluding, " Signed and sealed as and for the will of me, C. E. T. Woodington, in the presence of us, Thomas Hughes, Ellen Hughes," as being signed at the foot and end thereof. In the Goods of Woodington, 2 Ibid. 324. Where a testator signed his name at the bottom of a printed form, ending on the se- cond side of a sheet of paper, the will itself ending on the first side ; probate was allowed to pass of the will as signed at "the foot or end thereof." In the Goods of William Carver, 3 Ibid. 29. A will which was signed at the end of the first side of a sheet of paper, and attested on the second side, was admitted to probate, on evidence of acknowledgment of the signature of the testator. In the Goods of Giles Davis, Ibid. 748, Where a will written on the lower half of the second side of a sheet of paper, was presented (the sheet being folded broadways) to the witnesses, and was signed and sub- scribed on the lower half of the first side ; (the witnesses believing the will to be con- tained on the upper half of the first side ;) probate was granted, with the consent of the next of kin. In the Goods of John Bullock, Ibid. 750. In the Goods of John Gore, (Ibid. 758,) it appeared, that the dispositive part of a will was written on the first side of a sheet of paper, the second side was in blank, an at- testation clause, signature of the testator, and subscription of witnesses on the third side. Probate was granted. Where a testatrix signed her will with a mark, her name not appearing, it was held to be a sufficient signing under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9. In the Goods of Bryce, 2 Ibid. 326. In the Goods of Milward, (1 Ibid. 912,) probate was refused of a paper not signed at the end. A will must be signed by a testator before it is subscribed by witnesses: thus, in Cooper v. Bockett, (3 Ibid. 648,) a will was held, upon the circumstances, to have been signed before the witnesses subscribed, al- though one witness deposed that the testator signed after he and his fellow witness had subscribed; and the other witness deposed, that the part of the will where the signature of the testator was written, was blank when she subscribed : Sir Herbert Jenner Fust observing, "The question, then, for the court to determine, under these circumstances, is, whether theie has been a due execution of this will ? By the 9th section of the act of parliament, it is absolutely necessary, that the deceased shall STATUTA GULIELMI IV. A.D. 1830-1837. ]783 presence and by his direction (1); and sitch signature shall be made or acknowledged Stat. 7 Gul. by the testator in the presence of two or more witnesses (2) present at the same 4 & ^1 Vict. have signed the will, or have acknowledged his signature in the presence of two wit- nesses, present at the same time, and that they should have attested it in the presence of the testator, though not of each other. The interpretation which the court has put upon the section is, that the testator must sign or acknowledge his signature, before the witnesses attest, and that if the witnesses attest before the signature of the deceased is affixed to it, the will is\ not duly executed within the provisions of the act. The word3 of the section are very precise, and 1 think it would be attended with dangerous conse- quences, if the court were to hold a will valid which has been signed in the presence of two witnesses, who have attested it before the signature of the testator was affixed to the will; for where is the court to draw the line ? Suppose the witnesses attested an hour before the testator signed, or a day, or a week, or any other time; where is the court to stop, if it gave a latitude of con- struction to this section of the act ? Suppose it were one month, or six months, or a twelve- month, after the testator had signed the will ; and whether it be, at the time of the transac- tion, or some time before, makes no differ- ence. The words of the act are prospective, 'such witnesses shall attest, and shall sub- scribe the will in the presence of the testator.' It does not appear to me, that the requisites of the act would be complied with, if the court were to hold that a testator might sign after the witnesses had subscribed, either at the same time, or two hours, or two weeks afterwards. I am, therefore, of opinion that, if it appear, from the evidence of the wit- nesses, and the res gestce of the case, clear, that the will was signed by the testator, after the witnesses attested, it is not a good execu- tion of the will . . . ." In the Goods of Olding, (2 Curt. 865,) a motion for probate of a will, signed by the testator after the witnesses had subscribed their names, was rejected ; and a motion for probate of a will which was signed by the deceased after the witnesses had subscribed their names, the witnesses having, subse- quently to the signing by the deceased, placed seals opposite to their names,was also rejected, in the Goods of James Byrd, 3 Ibid. 117. (1) Or by some other person in his pre- sence and by his direction: — Where a tes- tator being too ill to sign his will, requested the drawer thereof to sign it for him, which he did in his own name, but not in the name of the testator : it was held to be sufficient. Sir Herbert Jenner remarking, " The statute allows a will to be signed for the testator by another person, and it does not say, that the signature must be in the testator's name; here, this gentleman, at the testator's re- quest, signed the will for him, not in the testator's name, but using his own name. I incline to think, that this is a sufficient com- pliance with the act ; the executrix is a good witness, but will lose her legacy." In the Goods of Clark, 2 Ibid. 329. A will signed for the testator by one of the witnesses who attested the execution, was held to be valid, under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9. In the Goods of Bailey, 1 Ibid. 914. (2) And such signature shall be made or acknowledged by the testator in the presence of two or more witnesses : — The signature to a will, if acknowledged by the testator in the presence of two witnesses present at the same time, &c, is sufficient, whether the signature be made by the testator, or by another per- son for him. In the Goods of Regan, Ibid. 908. A testator produced a will, in his own handwriting, with his name signed at the end thereof, to three persons, and requested them to put their names underneath his : it was held a sufficient acknowledgment of the sig- nature, the court being satisfied, (although there was no express evidence of the fact,) that the signature was in the handwriting of the testator. Gaze v. Gaze, 3 Ibid. 451. A will was written on three sides of a sheet of paper ; on the fourth side was writ- ten a codicil. Both instruments were signed in the presence of, and attested by the same two witnesses, and at the same time ; the witness- es were not informed of the fact, that they were attesting two separate instruments. The codicil to a great extent annulled the will : it was held, that this circumstance was not sufficient to discredit the will, it being proved to have been the voluntary act of a capable testatrix. Biddies v. Biddies, Ibid. 450. In Keigwin v. Keigwin, (Ibid. 607,) it appeared, that a party shewed a paper to two persons present at the same time, and requested them to sign it ; both persons ob- served the signature of the party affixed to the paper, and both subscribed it in her presence. This paper, being a will, it was held to have been duly executed. Sir Her- bert Jenner Fust stating, "The question comes to this, whether this will has been duly executed according to the requisites of the statute ; the deceased did produce this paper having her signature affixed to it at the time, to two witnesses present at the same time, and the two witnesses did attest it in her presence ; was this a sufficient ac- knowledgment ? I am clearly of opinion that it was ; it is not necessary, that the party should say in express terms, 1 that is my signature;' it is sufficient, if it clearly appears that the signature was existent on the will when she produced it to the wit- nesses, and was seen by the witnesses when they did, at her request, subscribe the will. On these circumstances, I hold that this paper has been sufficiently executed." Where a will was signed by the deceased after the attesting witnesses, (who were nude executors,) had signed ; the defect was held to be cured by a regularly executed codicil on the same sheet, attested by the same wit- nesses. In the Goods of William Glaring- bull, 3 Eccles. Notes of Cases, 1 . To establish the will of a party totally blind, or so nearly so, as to be incapable of the testator in the presence of 1784 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. two witnesses at one time. time(l), and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary (2). discerning writing, it must be proved, that the will was read over to the deceased in the presence of witnesses, or, that he was otherwise acquainted with the contents. Fincham v. Edwards, 3 Curt. 63. A testatrix signed her will, and on a sub- sequent day sent for two witnesses to attest the same ; upon their arrival they said, that they were come for the purpose of signing their names as witnesses to her will, which was then produced, upon which the testa- trix said, "I am glad of it, thank God;" and they subscribed the will as witnesses : it was held, to be an acknowledgment of her signature by the deceased, under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9. In the Goods of Warden, 2 Ibid. 334. Where the will of an aged testator, was prepared by a solicitor from instructions given by an executor and legatee in the will, the will not having been read over to the deceased, who did not sign the will in the presence of the attesting witnesses, but merely acknowledged his signature, it was pro- nounced for ; there being no plea given in against the will, and nothing in the evidence to impeach the capacity of the deceased. Goose v. Brown, 1 Ibid. 707. Positive affirmative evidence, by the sub- scribed witnesses, of the fact of signing or acknowledging the signature of a testator in their presence, is not absolutely essential to the validity of a will. The court may pre- sume due execution by a testator upon the circumstances. Blake v. Kniyht, 3 Ibid. 547. But where A. B. (deceased), requested two persons, present at the same time, " to sign a paper for him," which they did in his pre- sence; the paper being so folded, that the witnesses did not see any writing whatever on it ; and A. B. did not state, what was the nature of the paper in question : but on the death of A. B., it was found to be his in- tended will : it was held, that it was not en- titled to probate, the provisions of the 9th section of Stat. 7 Gul. 4 & 1 Vict. c. 26, not having been complied with. Ilott v. Genge, Ibid. 160. In the Goods of Mary Harrison, (2 Ibid. 863,) probate was refused of a paper pro- duced by the deceased, to three witnesses who subscribed their names thereto, two of the witnesses neither seeing the signature to the paper, nor knowing that it was signed, the third witness deposing, that she saw the signature of the deceased. Where the deceased signed her will, not in the presence of witnesses, and subsequently produced her will before two witnesses, and said to them, "sign your names to this paper," it was held not to have been an ac- knowledgment of her signature under the 9th section of Stat. 7 Gul. 4 & 1 Vict. c. 26. In the Goods of Rawlins, Ibid. 326. In the Goods of Richard Simmonds, (3 Ibid. 79,) the deceased having signed his will, acknowledged the signature in the pre- sence of one witness, who subscribed his name to the will, and on a subsequent day acknowledged the signature to another wit- ness, who subscribed his name, the former witness being present at the time, who did not again subscribe his name ; motion for probate was rejected. In the Goods of Jane Sotheron, (2 Ibid. 831,) motion for probate of a paper as part of the will, it being referred to in the will and signed by testatrix, was rejected, the paper not having been attested by the wit- nesses nor produced before them. A testator, previous to the 1st of January, 1838, had made a will and several codicils; some duly executed, others only signed by the testator. Subsequently to the 1st of January, 1838, he made and signed a codicil (B), but the same was not duly attested. Subsequently to this, by a codicil (C), duly executed and attested, he ratified and con- firmed his will and " codicils :" it was held, that the codicil (B) was not so identified with (C) as to be ratified by, or incorporated with (C), the word "codicils" being more completely and properly applicable to the codicils made previously to the 1st of Janu- ary, 1838. Ferraris de Zichy {Countess of) v. Hertford {Marquis of), 3 Ibid. 468. A testator, by will duly executed in the year 1823, directed his executors to pay legacies, which he should give by any testa- mentary writings signed by him, whether witnessed or not : it was held, that such clause could not give effect to legacies be- queathed by an unattested paper made sub- sequently to Stat. 7 Gul. 4 & I Vict. c. 26. Ibid. In Pennant v. Kingscote, (Ibid. 642,) the will was pronounced against, both attesting witnesses, deposing against a signature ac- cording to the requisites of the 9th section of Stat. 7 Gul. 4 & 1 Vict. c. 26, and there being no circumstances on which the court could found a presumption, that the recol- lection of the witnesses was infirm on the subject. The evidence of one witness, although omni exceptione major, is not sufficient to support a testamentary paper purporting to be duly executed and attested, where there are no adminicular circumstances tending to confirm it, and where the probabilities of the case incline against the factum of such an instrument. Mackenzie v. Yeo, Ibid. 125. (1) Present at the same time : — A testator intending to execute a codicil, signed the same while lying in bed, there being present in the room the two witnesses who attested the codicil ; the curtains at the foot of the bed being drawn at the time, one of the wit- nesses could not actually see the testator sign his name, nor could the testator see that the witness subscribed to the codicil as attesting it : it was held, that the testator and the wit- ness signed their names in the presence of each other, as required by Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9. Newton v. Clarke, 2 Ibid. 320. Where one of the witnesses deposed, that the will was signed in the presence of himself and the other witness, the other witness hav- ing no recollection as to the fact: probate STATUTA GULIELMI IV. A.D. 1830—1837. 1785 was allowed. In the Goods of Susannah Hare, 3 Curt. 54. A paper was admitted to probate, on the tes- timony of one of the two attesting witnesses, although the other witness deposed, that it was not signed by the testator in his pre- sence. The circumstances of the case in- clining to favour the supposition of a due execution, e. g., a formal attestation clause ; and the first witness having, in an affidavit sworn a few days after the will was made, deposed to the due execution, the second witness not having been examined until two years and a half afterwards. Gove v. Gawen, Ibid. 151. Where one of the attesting witnesses to a will, having deposed that the will was attested in the presence of the testatrix, and the other that it was not, the court rescinded the con- clusion of the cause, for the purpose of ex- amining other witnesses who were present at the time. Young v. Richards, 2 Ibid. 373. A testatrix produced a codicil, in her own handwriting, and with her signature made thereto, to two witnesses, present at the same time, who, at her request, made their marks thereto ; the testatrix wrote the names of the witnesses opposite their respec- tive marks, and, by mistake, a wrong sur- name to one of them. Probate was granted. In the Goods of Anne Ashmore, 3 Ibid. 756. Where a will was not signed in the pre- sence of witnesses, but the signature was vir- tually acknowledged, it was admitted to pro- bate. In the Goods of William Philpot, 3 Eccles. Notes of Cases, 2. In Moore v. King, (3 Curt. 243,) it ap- peared that a testator signed a codicil in the presence of a witness, (his sister,) who, at his desire, attested, and subscribed it. On a sub- sequent day, when his sister and another per- son were present, he desired her to bring him the codicil, and requested the other per- son present to attest and subscribe it, saying in the presence of both parties, and pointing to his signature, " This is a codicil signed by myself and my sister, as you see ; you will oblige me if you will add your signature, two witnesses being necessary." That party then subscribed in the presence of the testator and of his sister, the latter, who was standing by him, pointing to her signature and saying, " There is my signature, you had better place yours underneath." She did not, however, re-subscribe : it was held, that the instrument was not sufficiently attested, under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9. Sir Herbert Jenner Fust observing: "The question be- fore the court is one of great importance with regard to the construction of the Will Act, (7 Gul. 4 & 1 Vict. c. 26.) It turns upon the due execution of a paper bequeathing personal property, which is now regulated by the same law as regulates the disposition of real property. The duty imposed upon the court is to find its way to a due and proper construction of the whole of the act i; not of one single isolated clause, but of the entire intention of the legislature in passing the act. This case must form a leading case of its class ; two other cases of a similar nature have been brought before the court, but only on ex parte motion ; unfortunately they were cases, where the property involved in the de- Stat. 7 Gul. cision was so small, as to render them unable 4 & 1 Vict. to bear the expense of litigating the point, c. 26. As far as I am able to judge, the present case differs in some respects from both those cases. In the case of Allen, (2 Ibid. 331,) the paper was attested by the one witness alone present on one day, the deceased having then signed it in her presence ; on a subsequent day it was signed in the presence of a second witness, and attested by that witness in the presence of the first, but the first witness was not called on to attest the second execu- tion. The court was of opinion that the execution was not sufficient. The other case of In re Simmonds, (3 Ibid. 79,) was very similar. In this case, as has been observed, there is this material distinction ; the de- ceased having in the first instance signed the paper in the presence of his sister alone, does on a subsequent day acknowledge his sig- nature in the presence of his sister, and his sister pointed out her signature to the second witness, but I do not understand that the deceased desired her to re-attest the acknow- ledgment of his signature. I admit all that has been said as to the construction of sta- tutes, and the interpretation put upon the Statute of Frauds as to signing by the testa- tor, but is the same interpretation applica- ble to the subscription of the witnesses ? It has been argued, under the present statute, as against the admission of this allegation, that although this might have been a good subscription under the Statute of Frauds, it is not sufficient under the altered language of the present act : on the other side, it has been said, that a construction is to be put on this act the same as if on the Statute of Frauds ; but it must be remembered, that the doubts expressed by judges of courts of law and equity on the Statute of Frauds, led to the introduction of the present act. It has been well said, that the 7 Gul. 4 & 1 Vict. c. 26, is not an original act, but an act to amend a former law ; so it is ; — 4t is an act to amend a former law, for re- moving all doubts whatever existing with regard to that law, and I find in the 9th section of the new act, a considerable de- parture from the language of the corres- ponding section (5th) of the Statute of Frauds. The language of the 9th section of 7 Gul. 4 & 1 Vict, is expressly prohibitory, 1 No will shall be valid unless it be in writ- ing, and signed at the foot or end thereof,' clearly thereby intending to remove all doubts, in regard to the construction of the Statute of Frauds, as to signing by putting the tes- tator's name at the beginning of the will : ' And such signature shall be made or ac- knowledged by the testator/ it had been for- merly doubted, under the Statute of Frauds, whether an acknowledgment of the signature was sufficient, whether the will must not be actually signed in the presence of the wit- nesses ; here again, all doubt is removed by the present section. Under the Statute of Frauds it had been held, that the witnesses need not be all present at the same time, the signature might be acknowledged to the three or more witnesses at different times ; again, by the present act, all doubt on that 1786 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. Appointments by will to be executed like other wills, and to be valid, although other required so- lemnities are not observed. Soldiers' and mariners' wills excepted. "X. And be it further enacted, that no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner hereinbefore required ; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a, power of appointment by will (I), notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity. "XI. Provided always, and be it further enacted, that any soldier (2) being in point is removed, the witnesses must be pre- sent ' at the same time.' Now when I clearly find, that the object of this act is to remove every possible doubt, thereby taking away all latitude and discretion in its interpreta- tion, and that it expressly provides that the two witnesses, who are to be present at the same time, shall attest and subscribe, can I hold that the one may attest and subscribe on one day, and acknowledge his or her signature on a subsequent day ? I am in- clined to think that the act is not complied with, unless both witnesses shall attest and subscribe after the testator's signature shall have been made, and acknowledge to them when both are actually present at the same time. If the one witness has previously subscribed the paper, and merely points out her signature when the testator acknowledges his signature in her presence, and in that of the other witness, which latter witness alone then subscribes, that I hold not suf- ficient ; I have no explanation why the first witness did not re-subscribe. The act says the testator may acknowledge his signature, but does not say that the witnesses may ac- knowledge their subscriptions. I reject the allegation." In the Goods of Edward Colman, (3 Curt. 118,) motion for probate of a will signed by the deceased in the presence of two witnesses, but subscribed by them in an adjoining room communicatiug with folding doors, but in such a situation that the deceased could not see them, was rejected. Vide etiam in the Goods of Ellis, 2 Ibid. 395. (2) No form of attestation shall be ne- cessary:— In the Goods of Newman, (1 Ibid. 914,) probate of a codicil signed by the de- ceased in the presence of two witnesses pre- sent at the same time, but not attested in the presence of the testator, was refused. (1) Power of appointment by will: — A power in a feme covert, to dispose of per- sonal property by will, "to be by her signed and published in the presence of, and to be attested by two or more credible witnesses," was held not to be sufficiently exercised by a writing purporting to be her will, and to be signed, but omitting to state that it was pub- lished by her in the presence of two witnesses ; extrinsic evidence of the fact of publication not being admissible. Allen v. Bradshaw, Ibid. 110. A power in a married woman, to dispose of personalty by will, "to be signed and pub- lished by her in the presence of, and to be attested by two or more credible witnesses," is not duly exercised by an instrument signed and sealed in the presence of two witnesses, the attestation clause being, "Witnesses to the execution hereof;" evidence aliunde that , publication took place not being admissible. George v. Reilly, 2 Ibid. 1. A power in a married woman to dispose of certain property by will, to be signed and published by her in the presence of two wit- nesses, is not duly exercised by a paper pur- porting to be signed and sealed as a will, in the presence of two witnesses, omitting to state in the attestation clause that it was published; but as the power did not require that the will should be attested, parol evi- dence was admitted to shew, that publication had taken place; the evidence, however, on that point being insufficient, the court pro- nounced against the paper. Walters v. Melford, Ibid. 221. Sed vide Mackinley v. Sison, 8 Sim. 567 ; Spilsbury v. Burdett, 9 A. & E. 936; 10 C. & F. 340. A married woman had power to dispose of certain stock and furniture by a will to be executed in the presence of two witnesses; and also to dispose of other effects by will generally. By a will, duly executed, she disposed of the stock and furniture; and by an unsigned memorandum, at the foot of her will, in her own handwriting, (previous to the 1st January, 1838,) she disposed of the other effects. Letters of administration with the will and memorandum were granted. In the Goods of Sarah Boswell, 3 Curt. 744. (2) Soldier:— In Whytex. Repton, (Ibid. 818; 3 Eccles. Notes of Cases, 97,) the will of a "soldier" was not admitted to pro- bate, not being executed according to Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 9, and not being within the exception contained in the 11th section of such statute. The facts were as follow: The Honourable J. H. Pery died at St. John's, New Brunswick, on the 6th of August, 1842. The deceased at that time held a commission in her majesty's army, and was quartered in barracks with his regi- ment. A will, made by the deceased, signed by him, but attested by only one witness, was propounded in an allegation which pleaded, (fifth article,) "That the deceased, at the . time he made and executed his said will, and at the time of his death, was a captain in her majesty's 30th Regiment of Foot, and had the command of a company of the said regiment, and was quartered in barracks at St. John's, in New Brunswick; and therefore, and by reason of the premises, he the said deceased was a soldier in actual military service, ac- cording to the true intent and meaning of Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 11." The term "soldier" in Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 1 1 , extends to persons in the military service of the East India Company. In the Goods of Donaldson, 2 Curt. 386. In the Goods of Phipps, (Ibid. 368,) an unattested will, made by an officer on service STATUTA GULIELMI IV. A.D. 1830-1837. 1787 at Berbice, was allowed to pass as that of a soldier in actual military service." under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 11, at the prayer of the party whose interest was preju- diced by such will. A Serjeant with his regiment at Malta, under orders for the West Indies, was, In the Goods of James Norris, (3 Eccles. Notes of Cases, 197,) held not to be a soldier in actual military service. In Drummond v. Parish, (2 Ibid. 323,) Sir Herbert Jenner Fust observed, " This paper is all in the handwriting of the de- ceased ; it is signed by him and sealed, but not attested ; so that, under the general pro- visions of Stat. 1 Vict. c. 26, it is not entitled to probate. I say, ' under the general pro- visions ' of the act, because it is contended that the paper contains a good and valid dis- position of property, as coming within the exception of the 11th section, which, it has been argued, extends to soldiers of all degrees and under all circumstances, unless there may be a distinction between officers on full and those on half pay; otherwise, all persons be- longing to the British army are to be consi- dered as being on actual military service. " Assuming this to be the construction of the statute, the effect would be to give a power of disposing of his personal property to every soldier on full pay, from the recruit of to-day to the oldest general in the service, not only by a writing unattested by witness- es, but by a will made by word of mouth. The exceptive clause in the present Will Act is the same as that in the Statute of Frauds, which first required that all wills of personal property should be in writing, and, therefore, this construction would give to all soldiers on full pay the power of disposing of pro- perty in any manner, by word of mouth, or by the most informal will. This is a most startling proposition, that it should be in- tended by the legislature to except from the operation of the present Will Act so large a body of persons as the British army consists of. " It must be remembered that, as the excep- tion was made at the time when the Statute of Frauds passed, (1676,) it must be considered with reference to the circumstances of that time, for the 11th section of the present act is only a continuation of the privilege granted to soldiers and mariners in the time of Charles the Second, and that, before the Statute of Frauds, a will might not only be made by word of mouth, but the most solemn will might be revoked by word of mouth : a will executed in the presence of witnesses might be revoked by parol. What would be the state in which the whole British army would be placed, if the exception contained in this clause were to have universal operation in that body ? In the present case, the will is one which the court would be most anxious to support, if it can : it is holograph, and therefore not liable to the risk of being forged, as if it were a will in which only the signature were in the deceased's handwriting ; it is written with great care ; it was kept by the deceased in his private repository ; there is no question that it is his act ; the only question is, whe- ther it is a will to which the law can give effect. But if this holograph paper, unat- Stat. 7 Gul. tested, can be supported, the decision of the 4 & 1 Vict. court must include less formal papers, and c. 26. wills by parol, for it is only by showing that the exception extends to all classes of the army, and to all descriptions of testamentary disposition, that this paper can be supported. I much doubt whether, if this privilege could be maintained, it would be for the benefit of the army at large ; it would expose them to all the mischiefs against which the Statute of Frauds and the present Will Act were in- tended to guard, if the court were to hold that every soldier on full or half-pay might make a will by parol, or in writing without witnesses. The court must, therefore, look into the principles intended to be adopted into this act, as well as into the Statute of Frauds. "The words of the 11th section are: ' Any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act.' These words, 1 in actual military service,' must have some meaning ; they cannot have been added to the word 4 soldier ' unless it were intended to impose some limitation as to the particular class of soldiers they ap- plied to, otherwise it would be sufficient to have said 1 any soldier in her majesty's ser- vice.' If the exception was intended to com- prise all classes and all grades of persons in the service, the words ' in actual military service ' are superfluous. The court must, therefore, endeavour to find some meaning for these words in the clause, and some rea- son for inserting them in the two statutes. " In the elaborate arguments which have been addressed to the court, it was not re- ferred to any case where this question has received a judicial decision, and, with the exception of a case to which I will presently advert, I am not aware of any decision on the point in respect to the will of a soldier. There have been decisions on the correspond- ing part of the clause, as to the wills of mariners at sea, and one case of this descrip- tion was cited in the argument, that of Lord Hugh Seymour. Euston {Earl of) v. Sey- mour {Lord H.), 2 Curt. 339. One or two other cases of that kind have occurred ; but, with the exception of the case I shall refer to, I am not aware that there have been any decisions on this part of the section, except on motion, where the court has granted pro- bate of a will on a certificate from the war- office ; and it has now become a matter of great importance to determine whether per- sons in the military service are, under all circumstances, entitled to come within the exception contained in the 11th section. " It certainly is, and ought to be, a matter of some surprise that so few cases should have occurred since the Statute of Frauds, in which it was necessary to consider the effect of this exception ; but I think the circum- stance is accounted for by the general feeling that it is unsafe to trust to wills made by word of mouth, when the mode of disposing of personal property prescribed by the law was so simple and required so few solemni- ties, and when the making of a will by word 1788 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. of mouth afforded such opportunities for 4 & 1 Vict. fraud and imposition, as well as misappre- c. 26. hension, and the paucity of cases may, I think, be fairly accounted for by this circum- stance. ' ' Now, in the absence of all authority as to the construction of these words, how is their proper interpretation to be ascertained ? It was observed in the argument, and as a general observation it is true, that, in con- struing a British act of parliament, very lit- tle light can be gained by resorting to other codes of law, and I assent to this, as a gene- ral observation. But there are and must be cases in our courts of law, in which the prin- ciple or doctrine of a particular clause ap- pears of doubtful interpretation, and the wording of the act and the context do not appear in exact harmony, wherein foreign codes or systems of law must be resorted to. In this case, the section in question was bor- rowed from the civil law ; this fact cannot be denied ; it is admitted on all hands, and the court has been referred (by Dr. Twiss) to the Life of Sir Leoline Jenkins, who claimed some merit for having, in the prepa- ration of the Statute of Frauds, obtained for the soldiers of the English army, and the mariners of our navy, the full benefit of the testamentary privileges of the Roman law, and an exemption from the necessity of exe- cuting a will in writing. Now, that exemp- tion having been avowedly borrowed from the civil law, in order to show the manner in which it should be applied, and the extent to which the exception should operate, I think that code may be fairly resorted to, in order to see whether it was the intention of the legislature, in the Stat. 29 Car. 2, c. 3, and Stat. 1 Vict. c. 26, to adopt the same excep- tion with some limitation as to the persons whom it was to include. It becomes neces- sary, therefore, to refer to the civil law, and the court has been referred in the argument, not only to the text of the code, but to com- mentators on the text, and it is well known that very nice and subtle distinctions are made by those learned writers. I shall not enter into a long disquisition on the different points which those commentators have treated of in their expositions of the law ; yet I have looked into a great many of their comments, in order to see to what extent they considered the text law dispensed with, in respect to the testant,entum militare ; and, as far as I can collect from the commentators, the only dif- ference is, whether the privilege extended to soldiers in quarters or in garrison, in stativis aut in hybernis, as well as elsewhere ; but all agree, as far as appears, on one point, namely, that it was not every soldier who was entitled, under all circumstances, to this privilege ; but that it was confined to those who were expeditionibus occupati, and the only difference which prevailed amongst the commentators seems to be, whether a soldier was to be considered in expeditione when in garrison or winter quarters, or whether the expedition was then at an end ; all agree that he must be in expeditions. In its ori- gin, the testamentary privilege extended to all soldiers ; we have it positively so expressed in the 29th book of the Digest, tit. 1 De Tes- tamento Militis,' and under the head ' De Origine Privilegii Militis,' (Dig. lib. xxix. tit. 1, I.,) wherein it is stated, (by Ulpian,) that the first full and free power of making a will was granted to soldiers by Julius Caesar : ' Militibus liberam testamenti factionem pri- mus quidem divus Julius Caesar concessit.' This was the origin, according to many of the commentators, of the privilege of a sol- dier to make a will free from the necessity of having a certain number of witnesses to at- test it, and other solemnities. The text goes on : f Sed ea concessio temporalis erat. Postea vero primus Divus Titus dedit ; post hoc, Domitianus ; postea divus Nerva plenis- simam indulgentiam in milites contulit ; eam- que et Trajanus secutus est ; et exinde man- datis inseri coepit caput tale :' and it quotes the chapter 1 De Mandatis,' to show how very general the provision was in its first origin, and it continued so for some time after; the chapter is to this effect : ' Cum in notitiam meam prolatum sit, subinde testamenta a commilitonibus relicta proferri quae possint in controversiam deduci, si ad diligentiam legum revocentur et observantiam : secutus animi mei integritudinem erga optimos fide- lissimosque commilitones, simplicitati eorum consulendum existimavi ; ut quoquomodo testati fuissent, rata esset eorum voluntas. Faciant igitur testamenta quomodo volent; faciant quomodo poterint; sufficiatque ad bonorum suorum divisionem faciendam nuda voluntas testatoris.' Nothing, therefore, oan be clearer than that the privilege given to soldiers to make a will in any form extended to all ranks in the Roman army at this time. The interpretation which the Gloss, gives to the word ' simplicitas ' is ' a want of know - ledge,' the term used by Justinian, in the Institutes, (' Propter nimiam imperitiam eo- rum,' Lib. ii. tit. 11, s. 1,) being 4 imperitia.' The Gloss, on the words ' nuda voluntas ' is ' nisi domi sit ; tunc enim jure communi tes- tari debet.' Therefore, according to the Gloss, on the text, there was an exception, which confined the privilege to soldiers not at home, where they were bound to conform to the general law. So stood the law at the time of the Digest. Various limitations were afterwards imposed. In the sixth book of the Code, (Codic. tit. 21, 111,) 'De tes- mento militis' is a passage which has no immediate bearing on the point the court is now discussing, but I cite it for the sake of the Gloss.: 4 Quanquam militum testamenta juris vinculis non subjiciantur, cum propter simpli- citatem militarem ;' the note in the Gloss, here is, ' armatae militias,' as if in contradistinction to ' togatae.' The text goes on : 4 Quomodo velint, et quomodo possint, ea facere his con- cedatur : tamen in Valeriani quondam centu- rionis testamento instituto etiam jure com- muni accepit auctoritatem.' And the 17th law of the same title, headed, ' Quando miles testetur quomodo vult,' is as follows : 4 Ne quidam putarent in omni tempore licere mili- tibus testamenta quoquomodo voluerint com- ponere ; sancimus his solis qui in expeditioni- bus occupati sunt memoratum indulged circa ultimas voluntates conficiendas beneficium.' The Gloss, on 4 expeditionibus occupati ' is in these words : 4 Idque sive sint in castris, sive STATUTA GULIELMI IV. A.D. 1830—1837. 1789 in fossato, sive in hybernis, sive in prsesidiis, sive in stativis, seu sedibus sedetis ac sedi- bus.' That is the Gloss, on the phrase 1 ex- peditionibus occupati.' And it goes on: ' Sufficit ergo ut fiat in expeditione, licet non in procinctu ; alioquin nihil aut parum dista- bit miles a pagano :' and reference is made to the 49 th Consultation of Cujacius, which was cited in the argument, and it appears from his comment, that Cujacius was of opinion that the privilege extended to sol- diers who were in castris and in stativis. He says, (Consult, xlix. Op. t. 1, 699, Ed. Par. 1658,) ' Quod autem quseritur, an non aliter valeat testamentum jure militari quam si fiat in procinctu ; respondeo, etiam si non fiat in procinctu testamentum valere jure militari, modo fiat in expeditione, in castris, in stativis :' so that it was not indispensable that the testament should be made in expe- ditione, but it might be made in castris and in stativis. He adds s 1 Alioquin nihil dista- ret paganus a milite, nam et a pagano in procinctu, in acie, in hostico quoquomodo factum testamentum valet.' Now, according to this opinion, a soldier in camp or in winter quarters, might make a will without observ- ing the solemnities of the law : ' modo fiat in expeditione, in castris, in stativis,' according to Cujacius ; but whether the exception ex- tended to soldiers in castris and in stativis, is a matter of doubt amongst commentators. I do not, however, consider that General Drummond was in castris or in stativis; the question is, whether he was in expedi- tione. Cujacius goes on : ' Ergo, qui in expeditione testator miles, in castris, in fos- sato, ut loquuntur, imo et qui in hybernis, ut meum judicium est, in stativis, in presidiis, jure militari, testamentum facere potest. Ac proinde non est necesse ut adhibeat legiti- mum numerum testium, ut est in principio tituK " De militari testamento," in Institut. ubi et uuura testem sufficere Theophilus nos- ter scripsit. Et equidem nullum testem necessario requiro, ac satis esse opinor si aliis probationibus legitimis constare possit de voluntate militis.' Therefore, a soldier, in those circumstances, might make a will with- out the solemnities of the law, but he must be in expeditione ; otherwise, in his opinion, the will would not be good. The question, therefore, again arises, what was the ' expe- ditio' ? Calvin (Kahl), in his Lexicon Juri- dicum, (In vocibus, Ed. Genev. 1645,) thus explains the word : ' proprie, profectio cum expeditis militibus ;' and the term f expediti indites ' he defines, ' vel in expeditionibus existentes dicuntur, quicunque sunt in ipso exercitu aut castris, id est, eo loco quo, rei- publicse causa est belli apparatus, seu in sta- tione illi sunt, seu in hybernis, seu aliubi, pro finibus imperii tuendis : imo quocunque in loco sit miUtise causa, ut si Romse sint ad defensionem urbis collocati ac dispositi :' so that they might be ' on an expedition ' even when in Rome itself, if they were called out to defend the city. He goes on : ' Falsum ergo stationarios ac limenarchas non recte testaturos jure militari, quianoa sint in expe- ditionibus.' Therefore, it was not strictly those alone who were actually on an expedi- tion who might make a military will, but those who were at home, provided they were Stat. 7 Gul. called out ' ad defensionem urbis.' And he 4 & 1 Vict. refers for his authority to Ulpian, (De Bon. c. 26. Possess. 1, 18. ult.) ' Miles est,' he continues, 4 etiam si in nostro non est ; et nauarchi ac triearchi classium, jure militari testare pos- sunt ; et in classibus omnes remiges ac nautse milites sunt ; item et vigiles.' " So far as we have gone, therefore, it is clear from the passages I have read from the Digest, and the Code, and the Comments, that the privilege did not extend to soldiers in every situation ; that they must be in expeditione, or in castris, or in hybernis, or they must have been called out for the pur- pose of defending the city. Now we find by the second book of the Institutes, (Inst. lib. 2, tit. 11, s. IV) which treats expressly of this subject, that the privilege was limited to per- sons in certain situations : * Supradicta di- ligens observatio in ordinandis testamentis, militibus propter nimiam imperitiam eorum constitutionibus [principalibus] remissa est. Nam quamvis ii neque legitimum numerum testium adhibuerint, neque aliam testamen- torum solennitatem observaverint ; recte ni- hilominus testantur, videlicet, cum in expe- ditionibus occupati sunt ; quod merito nostra constitutio introduxit :' that is the law he added to the Digest, as to the testamentum militare. ' Quoquo enim modo voluntas ejus suprema inveniatur, sive scripta, sive sine scriptura, valet testamentum ex volun- tate ejus. Illis autem temporibus, per quae citra expeditionum necessitatem in aliis locis vel suis sedibus degunt, minime ad vindi- candum tale privilegium adjuvantur; sed tes- tari quidem, etsi filii familiarum sint, propter militiam conceduntur.' Therefore, it is clear that by this later law, modifying the law as it originally existed, the privilege was confined to persons expeditione occupati, and that if a soldier made a will 1 citra expe- ditionum necessitatem, in aliis locis, vel suis sedibus,' he must have complied with the general law as to the solemnities which were necessary to give effect to a will at Rome. In the next section (s. 3) it is said: * Sed hactenus hoc illis de principalibus constitu- tionibus conceditur, quatenus militant, et in castris degunt;' so long as they were en- gaged in actual war. ' Post missionem vero veterani, vel extra castra [alii] si faciant adhuc militantes testamentum : communi omnium civium Romanorum jure id facere debent:' therefore, the veterani, (who were not analogous, as suggested in the argument, to general officers in the English army, but persons who had served the time for which they had engaged, and had been discharged ob honestam causam,) were excepted from the privilege. The section continues: 'Et quod in castris fecerint testamentum non communi jure, sed quomodo voluerint, post missionem intra annum tantum valebit:' after they had been discharged, if when extra and net in castris, they should make a will, it (must be ' communi omnium civium Ro- manorum jure.' It goes on: 'Quid ergo, si intra annum quis decesserit, conditio au- tem hoeredi adscripta, post annum extiterit? an quasi militis testamentum valeat? Et placet valere, quasi militis.' So it only 1790 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 7 Gul. lasted for twelve months after they had heen 4 & 1 Vict. discharged. It is, therefore, clear from the c. 26. Digest, the Code, and the Institutes, that the privilege was confined to persons en- gaged in expeditione; that it was not ex- tended to all degrees of soldiers under all circumstances, but only to those qui milita- verant, or who were expeditionibus occupati. And there is a note by a commentator on the Institutes, who sums up the whole law on the subject, — Vulteius, De Testamentis Or- dinandis ; lib. 2, c. 10. He says: 'Olim ante Justinianum, hoc privilegium commune erat militibus omnibus, sive in expeditione, sive extra earn essent; sed Justinianus re- strinxisse illud videtur ad milites eos qui in expeditione degerent. Non igitur existi- mandum est si testamentum est militis tes- tamentum illud esse militare; nam sive jus quod Justinianus postea introduxit spectes, multi sunt milites qui tamen non militant aut in expeditione degunt.' Nothing can be more satisfactory to shew that, according to the Roman text law, and the commentators, this was not a privilege granted universally to all soldiers, but only to those who were in the situations I have mentioned. " So much for the text law, and the prin- ciples derived from that law. I now come to consider our own authorities, and the first is Swinburne, a very high authority on the doctrines of testamentary law and of the former statutes. Swinburne, (p. 1, ss. 13, 14,) speaks of three sorts of privileged testa- ments, and the first of these is the testa- mentum militis, of which he gives a long explanation, and he says (ins. 14): 'After we have viewed what privileges do belong to soldiers, it shall be expedient to shew what manner of soldiers they be to whom these privileges are granted. Wherefore, we are to understand that there be three sorts of men, which be termed in law by the name of soldiers. The first be milites armati, ' armed soldiers;' the second be milites lite- rarii, 'lettered soldiers,' as doctors of the law ; the third sort are milites coelestes, ' ce- lestial or heavenly soldiers,' as clergymen and divines : for so the law doth term them. Concerning the first sort, either they be such as lie safely in some castle or place of de- fence, or besieged by the enemy, only in readiness to be emplowed in case of invasion or rebellion, and then they do not enjoy these military privileges ; of this there may be some doubt ; ' or else they be such as are in expedition,' the term used in the Insti- tutes, Digest, and Code, ' or actual service of wars, and such are privileged, at least during the time of their expedition, whether they be employed by land or water, and whether they be horsemen or footmen.' Therefore, ac- cording to Swinburne, this was the interpre- tation of the words used in the act of parlia- ment, and only those soldiers were entitled to the privilege who were ' in expedition, or actual service of wars,' nearly the very words of the acts, — 'in actual military service;' and it is probable that the words in the Statute of Frauds were taken from Swin- burne, with this slight variation. Mr.Burge, (whose work was cited in argument,) ex- plains, (4 Col. Law, 394,) the words ' qui in expeditionibus sunt,' by 'actual military ser- vice, that is, actual service of war.' It is necessary, therefore, that the words should have some meaning, and should in some degree limit the privilege. And the court has been indebted to the industry and learn- ing of Dr. Twiss, for proofs that all the codes of Europe have so limited the privi- lege, a number of instances having been cited by him from different writers and diffe- rent codes. " Such are the authorities to which the court has thought it necessary to refer, to shew the principle of the exemption, which is admitted to be a privilege borrowed from the Roman law and engrafted upon our own statute law, and that it is not a universal privilege, but is enjoyed by soldiers only in particular situations, and, therefore, where our own law furnishes no actual decisions to guide the court in putting an interpretation upon particular words, which must have some meaning or limitation, the court may derive some assistance, as to the principle of the exemption, from these authorities. "But, as I have before stated, there is one case in which this question has received some degree of interpretation at least from a decision in these courts. The case is that of Shearman \.Pyke, Hil. T. 1724; Dr. Andrews's MS. Notes. The case was this : I. W. enlisted as a soldier in the ser- vice of the East India Company, and accom- panied Governor Pyke to St. Helena, who employed him in his service as cook, and gave him wages, in addition to his pay as a soldier. In 1718, the governor left St. He- lena, to proceed to Bencoolen, but at Batavia, in 1719, they were informed that the factory at Bencoolen had been cut off by the natives. They sailed from Batavia to Moco Moco, and thence to Madras, and thence to Bencoolen, to re-establish the factory. So far they were on an expedition. About October, 1720, they returned to Moco Moco, and in Janu- ary, 1720-21, I. W. being ill with a fever and flux, died in the hospital. Being asked by I. P. and M. S. to make his will, he re- plied, ' I give all I have to my master, and I will give nothing from him, and I'll make no other will; he may dispose of it as he pleases.' On the 22nd January, two days after his death, the witnesses signed a sche- dule of the contents of the will, and made oath thereof at Moco Moco. I. P. one of the witnesses, died on the voyage. This will was propounded by Governor Pyke as a nuncupative will, and opposed by Shearman, one of the next of kin. The case was argued on both sides. Reference was made to Stat. 29 Car. 2, and it was contended that it did not apply to the deceased, as a soldier in actual military service, for that the exemp- tion was not restricted to soldiers in an en- gagement or in imminent danger, but was given on the ground of imperitia and igno- rantia juris ; that a seaman at sea was not in danger, and that the privilege should be con- strued in the most extensive manner; and reference was made to Cujacius, and, in fact, the arguments used were similar to those employed on the present occasion. On be- half of the next of kin, it was argued, that STATUTA GULIELMI IV. A.D. 1830—1837. 1791 actual military service, or any mariner or seaman (I) being at sea, may dispose of his personal estate as he might have done before the making of this act. "XII. And be it further enacted, that this act shall not prejudice or affect any of the provisions contained in an act passed in the eleventh year of the reign of his majesty King George the Fourth and the first year of the reign of his late majesty King William the Fourth, intituled, ' An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy,' respecting the wills of petty the exemption was confined to soldiers in an engagement or actual danger, otherwise, it would include a soldier on duty at White- hall. The words of the court are these : 4 It is agreed, the will cannot be good unless within the privilege. A mariner on shore is not within the statute. Those who are en- listed in the service of the company have the same privilege as those in the service of the crown, and though he acted as cook, that does not take away the privilege of the sol- dier. He was not only a soldier, but was upon an expedition. The proof is not clear whether the expedition was over or not ; one witness swears he died on the passage; he was certainly engaged in the service. Will pronounced for.' So that it appears doubt- ful on what particular ground the decision turned; whether because he was 'certainly engaged in the service,' or whether, because it was doubtful, 'whether the expedition was over or not,' and in returning to Moco Moco, he became ill, and died in the hospital. "This is a decision on the question as far as it goes. If it had been decided on the ground of the deceased having been engaged in actual service at the time, it would have been in point; but, unfortunately, the words at the end of the sentence may render it doubtful on what point the decision turned. But I think it clear that the judge, who was Dr. Bettesworth, considered that the question had not received a judicial decision, and it appears that he had directed the alle- gation to be reformed by setting forth the expedition on which the party deceased had been engaged ; so I presume that the allega- tion had been objected to on that ground. But I think it, on the whole, clear that the principle adopted in that case, with the limi- tation 'in actual military service,' is that every soldier was not entitled to the ex- emption contained in the clause of the sta- tute of Charles 2, but that it was confined to such as were on an expedition — in actual military service, that is, in expeditione. The question, then, comes to be considered, what was the situation of General Drummond at the time when he made this will. "The allegation pleads that the deceased, at the date of the will and of his death, was a major-general on full pay. Then, if this were sufficient to give the exemption, every major-general in the army on full pay, and every full-pay officer, would be in the same situation. Then it is pleaded that the duties of his office extended to the troops of the royal artillery abroad as well as in England ; that he was subject to military law, and lia- ble to be sent upon foreign service, when re- quired, (so is every officer and every soldier in the corps;) and that he was as completely in the actual service of her majesty as if serving with a British regiment on foreign service, but so is every officer and soldier ; this is a general and universal description, applicable to all on full-pay or half-pay — all are in the actual service of her majesty. I do not con- sider that the words, 'in actual military ser- vice,' apply to a person in General Drum- mond's situation, not living within the walls of a garrison, as far as it appears, but mis cedibus; and even if he were, I am of opinion he was not ' in actual military ser- vice.' On this ground, therefore, I am of opinion that this is not a valid will, not being attested as required by the act. It would, consequently, be of no use to admit the allegation to proof, as all the facts are before the court, which could not come to a different conclusion if it had the evidence before it. I am of opinion, therefore, that I must reject this allegation. Of course, it is with very great pain that the court finds itself under the necessity of so doing ; but I think it best to express my opinion of the law at once. Although this decision may place the family of General Drummond in an unpleasant situation, I am not prepared to say that the privilege would be advanta- geous to the great body of the army, which it would leave open to fraud, imposition, and malpractices; I think, therefore, I do not inflict a great injury upon them by deli- vering this opinion of the law. I am of opinion that I ought to reject this allegation, and 1 do reject it." In 3 Eccles. Notes of Cases, 4, the follow- ing observations from the reporter occur : "It may perhaps be convenient to know, that one (at least) of our colonial courts, the Supreme court of Bengal, has taken the same view of this question as the Prerogative court of Canterbury, by adopting its deci- sion in the case of Drummond v. Parish, and applying its construction of Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 11, to the correspond- ing section of the Indian Wills Act, (No. XXV. of 1838, s. 29.)" The Supreme court of Madras has held that the exception applies "only to nuncu- pative wills of non-commissioned officers and soldiers." Gov. Notification, 5th March, 1840. (1) Seaman- — The will of a seaman, who went on shore, and there died by an accident, was, In the Goods of Lay, (2 Curt. 375,) al- lowed to pass as that of a seaman "at sea," under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 11. Probate was likewise allowed of an unat- tested codicil made at sea by a purser of a man-of-war, as that of a seaman, under the exception contained in the 11th section of the Stat. 7 Gul. 4 & 1 Vict. c. 26. In the Goods of Hayes, Ibid. 339. Stat. 7 Gul. 4 & 1 Vict. c. 26. Act not to affect certain provisions of 11 Geo. 4 & 1 Gul. 4, c. 20, with respect to wills of petty officers and 1792 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. seameD and marines. Publication not to be requisite. Will not to be void on account of incompe- tency of attest- ing witness. Gifts to an attesting wit- ness to be void. Creditor at- testing to be admitted a witness. Executor to be admitted a witness. officers and seamen in the royal navy, and non-commissioned officers of marines, and marines, so far as relates to their wages, pay, prize money, bounty money, and allowances, or other monies payable in respect of services in her majesty's navy. "XIII. And be it further enacted, that every will executed in manner herein- before required shall be valid without any other publication thereof. " XIV. And be it further enacted, that if any person who shall attest the exe- cution of a will shall at the time of the execution thereof or at any time afterwards be incompetent to be admitted a witness (1) to prove the execution thereof, such will shall not on that account be invalid. " XV. And be it further enacted, that if any person shall attest the execution of any will to whom or to whose wife (2) or husband any beneficial devise, legacy, estate, interest (3), gift, or appointment, of or affecting any real or personal estate, (other than and except charges and directions for the payment of any debt or debts,) shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment mentioned in such will. " XVI. And be it further enacted, that in case by any will any real or personal estate shall be charged with any debt or debts, and any creditor, or the the wife or husband of any creditor, whose debt is so charged, shall attest the execution of such will, such creditor notwithstanding such charge shall be admitted a witness to prove the execution of such will, or to prove the validity or invalidity thereof. " XVII. And be it further enacted, that no person shall, on account of his being an executor of a will, be incompetent to be admitted a witness to prove (1) Incompetent to he admitted a witness: — Where the will of an aged person of doubt- ful capacity was prepared by a solicitor, who was appointed an executor and one of the residuary legatees, it was pronounced against, and the parties propounding it condemned in costs ; bare execution in such a case not being considered sufficient. Burling v. Loveland, 2 Curt. 225. (2) Wife : — In Young v. Richards, (Ibid. 374,) it was held, that the wife of an execu- tor who was a party in the cause is not a competent witness to support the will. An attesting witness to a codicil, having married a legatee therein, such legatee pro- pounding the codicil, was held to be incom- petent as a witness in support of it ; and hav- ing joined his wife in the proxy in the suit, the court directed his answers to be given to an allegation on the other side, as a party in the cause. Mackenzie v. Yeo, Ibid. 509. (3) Interest : — In Allen v. McPherson, (Ibid. 513,) an objection to the competency of a solicitor as a witness in support of a codicil, he having admitted, that in the first instance he retained the proctor in the cause for the parties who propounded the codicil, but who did not admit, that he was responsi- ble for the costs, was overruled. A legatee, at the request of the testator, signed her name to the will, the testator sub- sequently duly executed the will in the pre- sence of two witnesses who attested it; a mo- tion to strike out the name of the legatee was rejected. In the Goods of Logan Mitchell, Ibid. 916. A married woman, having under her mar- riage settlement a power to dispose of pro- perty "by will to be published by her in the presence of and to be attested by two credi- ble witnesses," published her will in the presence of two witnesses, who attested the same, one of those witnesses being the wife of the executor, who was also a legatee under the will, and had not renounced or released his legacy. Probate was granted, leaving the question as to the due execution of the power open. In the Goods of Big gar, Ibid. 336. An inofficious will, prepared from instruc- tions given to the drawer by the party almost solely benefited, and who was in nowise related to the testator, was pronounced valid, on proof of the capacity of the testator, and of the will having been read over to him. Wrench v. Murray, 3 Ibid. 623. A paper of a testamentary nature was pro- duced by a sole legatee named in it; it pur- ported to be signed by the testator and to be attested by two witnesses, one of whom had, subsequently to the date of the paper in question, married the legatee: it was held, that his sole testimony could not sustain the paper, there being no circumstances leading up to the probability of the transaction, and there being, on the contrary, various facts and circumstances from which the court drew a conclusion unfavourable to its legal validity. Mackenzie v. Yeo, Ibid. 125. STATUTA GULIELMI IV. A.D 1830—1837. 1793 the execution of such will, or a witness to prove the validity (1) or invalidity thereof. " XVIII. And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (2), (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled as his or her next of kin, under the Statute of Distributions.) " XIX. And be it further enacted, that no will shall be revoked by any pre- sumption of an intention (3) on the ground of an alteration in circumstances. (1) Witness to prove the validity: — A.B. an executor and one of the residuary legatees under a will, on the 20th of November, re- nounced probate of the will, (but the proxy of renunciation was not recorded until the 2nd of December,) and on the 22nd of No- vember, by deed of gift, conveyed his inte- rest in the personal estate of the deceased to C. D. (who was also an executor,) in order to render himself a competent witness to sup- port the will. It was held, first, that the proxy of renunciation took effect from its date; and, secondly, supposing the renun- ciation to be invalid, that, as the interest under the will was conveyed by the deed of gift, the party was a competent witness under Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 17. Munday v. Slaughter, 2 Curt. 72. (2) Marriage:— In the Goods of Shirley, (Ibid. 657,) probate was allowed to pass of a will made previously to 1st January, 1338, the testator having married in 1839, it not being unrevoked by Stat. 7 Gul. 4 & 1 Vict, c. 26, s. 18. (3) Presumption of an intention: — A tes- tatrix duly executed a will, and, subse- quently thereto, two other wills, in both of which was contained a clause revoking all former wills. She afterwards destroyed the latter two wills: it was held, that the first will was not thereby revived ; and that parol evidence was not admissible to shew an in- tention to revive. Major v. Williams, 3 Ibid. 432. A will, (dated 1841,) revoking all former wills, referred to a clause in a former will. Probate was refused, of so much of the former will as was necessary to explain the latter will. In the Goods of Catherine Sinclair, Ibid. 746. In the Goods of Wilson, (2 Ibid. 853,) a motion to supply a legacy omitted by mis- take, was rejected, the will being perfect, and having a clause revoking all former wills. An allegation setting up parol evidence, in order to shew that two codicils were not intended to operate together, but that the latter revoked the former, was rejected ; there being no ambiguity on the face of the papers themselves. Thome v. Rooke, Ibid. 799. The testator having left two substantive wills, the latter disposing of the whole of his property, although not expressly re- voking the former will, nor the appointment of executors therein : it was held to have revoked the former, and to be alone the will of the testator. Henfrey v. Henfrey, Ibid. 468. Stat. 7 Gul. 4 & 1 Vict. c. 26. Will to be revoked by marriage. No will to be revoked by presumption. In Wood v. Goodlake, (Ibid. 82,) it ap- peared, that the deceased died on 20th April, 1836, possessed of real and personal estate, together of the value of 1,000,000/. Two papers, A. and B., alleged to have been found, at the deceased's death, in his fast- locked repositories, annexed together by wa- fers, and sealed up in an envelope, endorsed, "The will of James Wood, Esq., 2nd and 3rd December, 1834," were propounded, as together containing the will. — A. which was headed, " Instructions for the will of me, James Wood, Esq. of Gloucester," was dated 2nd of December, 1834, and was signed by the deceased, but not attested, purported to appoint four gentlemen by name executors, to desire them to take pos- session of his personal estates, subject to the payment of debts and "such legacies as I may hereafter direct," and to de- clare he would dispose of his real estates by writing indorsed thereon. Paper B. a separate paper, dated 3rd December, 1834, signed by the deceased, and attested by three witnesses, began, "I James Wood, Esq. do declare this to be my will, for dis- posing my estates, as directed by my instruc- tions," gave all his real and personal estates, "which I may not dispose of," and "subject to my debts, and to any legacies or bequests of any part thereof, which I may hereafter make," &c. "to my executors," not naming, or otherwise describing them. Both papers were very informal, were in the hand-writing of one of the executors, (the deceased's attor- ney,) and ultimately appeared to have been by such attorney annexed together, sealed up in the envelope, indorsed, and locked up in the deceased's bureau during his last ill- ness, and, without his directions or know- ledge, held that the presumption of law, that instructions are superseded by the execu- tion of a will, was not repelled, that the two papers not being published together, as the will of the deceased, nor annexed with his knowledge; and A. not being unequivocally referred to in B., A. formed no part of the deceased's will, that consequently the inte- rest of the four parties named in it as ex- ecutors, was at an end, and that there was no party before the court with an admitted interest, who could propound B., pray pro- bate of it, or administration with it annexed : the court, therefore, pronounced against A., made no decree as to B., and condemned the parties propounding A. and B. in the costs of one of the next of kin. Another paper, propounded as a codicil by legatees named in it, opposed by the asserted 5 Y 1794 STATUTA GULIELMI IV. A D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. No will to be revoked but by another will or codicil, or by a writing exe- cuted like a will, or by destruction. No alteration in a will shall have any effect " XX. And be it further enacted, that no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning (I), tearing (2), or otherwise destroy- ing (3) the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. " XXI. And be it further enacted, that no obliteration, interlineation, or other alteration made in any will after the execution thereof, shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed m like manner as herein- before is required for the execution of the 10*27(4); but the will, with such alteration executors, and by all the next of kin, dated July, 1835, alleged to be an holograph of and signed by the deceased, and to have been sent in an anonymous note, by the three-penny post to one of the legatees, leaving legacies, amounting altogether to 210,000/. and referring to a legacy in ano- ther codicil, not forthcoming, which paper was partially torn, and partially burnt, and was alleged to have been so done, and other testamentary papers, to have been destroyed, after the deceased's death, or in his lifetime, unknown to him: held, that, as the evidence of hand-writing was contradictory, though the affirmative preponderated, and the dispo- sition was probable, the court could not ju- dicially pronounce the codicil to have been the act of the deceased, and consequently would not inquire whether it were cancelled or not, or, if cancelled, whether such cancel- lation was the act of the deceased. A will, (dated February, 1837,) disposed of real and personal estate. A codicil, (June, 1837,) partly revoked the disposition of the personalty. A memorandum, (July, 1838,) formally republished the will: it was held, that parol evidence was admissible to shew, quo animo, the memorandum was made; and upon the evidence, that the codicil was not revoked bv the republication of the will. Up/ill v. Marshall, 3 Curt. 636. In the Goods of Charles G. Cooke, (Ibid. 737,) special probate of a will and codicil was cancelled, (the former inadvertently,) the lat- ter by the supposed assent of a testator, not competent at the time to give directions for such cancellation. In the Goods of Durham {the Countess of), (Ibid. 57,) probate was granted of two in- struments, as together containing the will of the deceased, the latter paper being duly executed, and referring to the former, (not in the possession of the deceased at the time,) so particularly, that there could be no mis- take as to its identity. Reference being made in a will to a deed, so as to make it part of the will of the testa- tor; probate was allowed of the will, and a notarial copy of the deed, under the cir- cumstances. In the Goods of Thomas Die- kins, Ibid. 60. In the Goods of Francis Willesford, (Ibid. 77,) probate was granted of an unexecuted paper as part of the will of the testator, there being sufficient reference to the pa- per in the will to identify it as the paper referred to. A testamentary paper (dated 1826) signed by a testator, having an attestation clause, but not subscribed by witnesses. The pre- sumption of law against the final character of the paper was held to be rebutted, and probate granted upon the evidence and cir- cumstances. Pett v. Hake, Ibid. 612. (1) Burning : — In the Goods of Thornton, (2 Ibid. 913.) probate was allowed of a copy of a duly executed codicil, which had been burnt by mistake. (2) Tearing: — In the Goods of Shatc, (1 Ibid. 905,) probate was granted of a will torn by the testator when in a delirious state. A will being torn into four pieces by the tes- tator, is prima faeie revoked ; and the court will not, on motion, upon an affidavit, that the deceased tore the paper in a fit of anger, and did not intend to revoke it, decree pro- bate of such a paper, in the absence of the next of kin. In the Goods of Colberg, 2 Ibid. 832. (3) Othenvise destroying: — Cancellation of a will is not a revocation thereof, under the words "otherwise destroying" the same. Stephens v. Taprell, Ibid. 458. (4) Alteration shall be executed . . . . as hereinbefore is required for the execution of the will: — A testator, by his will duly ex- ecuted, devised certain read estates to R. N. in fee, subject to and charged with an an- nuity of six hundred pounds a year, which he gave to his daughter E. J., for her fife, with powers of distress and entry on the devised estates, in case the annuity were in arrear. He subsequently erased with a pen the word " six," and inserted over it the word " two," leaving, however, the word "six" legible in each place where it occurred, and on the same day he added a memoran- dum or codicil to his will, signed by him in the presence of one witness only, recognising the above alterations : it was held, that the substitution of "two" for "six" hundred was, under these circumstances, inoperative, and that E. J. retained legal interest in the annuity of 600/. Locke v. James, 11 M. & W. 901. A testator, after the execution of his will, having partly erased the word "four," and substituted the word "five," the alteration not being attested, as required by Stat. 7 Gul. 4 & 1 Vict. c. 26. Probate of the will passed, as it originally stood, the word "four" being sufficiently apparent upon the STATUTA GULIELMI IV. A.D. 1830-1837. 1795 as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will. "XXII. And be it further enacted, that no will or codicil, or any part thereof, which shall be in any manner revoked (1), shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the con- trary shall be shown. Stat. 7 Gul. 4 & 1 Vict. c. 26. unless executed as a will. No will revoked to be revived otherwise than by re-execu- tion or a codicil to revive it. paper. In the Goods of Beavan, 2 Curt. 369. A testator executed his will, containing a legacy therein of fifty pounds to S. S. Sub- sequently to the execution, he erased the word "fifty," and substituted the word " thirty." The alteration not being attested, probate was granted with the original word " fifty" inserted. In the Goods of Rippin, 3 Curt. 121, sedvide 2 Ibid. 332. The appointment of the executors in a will, being made in a clause after the signa- ture of the testator, administration with the will annexed granted to the residuary legatee, the clause appointing the executors not being part of the will. In the Goods of Howell, 2 Curt. 342. A testatrix obliterated, animo revocandi, several passages of her will, so that none of the parts obliterated could be distinguished upon the face of the will : it was held, that this was a complete revocation within the meaning of Stat. 7 Gul. 4 & 1 Vict. c. 26, s. 21. Townley v. Watson, 3 Ibid. 761. 3 Eccles. Notes of Cases, 17. Sir Herbert Jen- ner Fust observing, "lam of opinion that this allegation must be admitted. "The 21st section of the present Wills Act provides, 4 That no obliteration, interline- ation, or other alteration made in any will, after the execution thereof, shall be valid or have any effect, except so far, as the words or effect of the will, before such alteration shall not be apparent, unless it be re-executed, as prescribed by the act,' and the construction which the court has, in a former case, put upon that word ' apparent,' is apparent on the face of the instrument itself. " In the case of Brooke v. Kent, (3 Moore's P. C. Ca. 334, vide post. 1797, n. (2),) evi- dence dehors the will was admitted ; but that was a question of intention, and was so treat- ed by the Judicial Committee. There was no intention entirely to revoke a legacy, the wish was to substitute a sum of 100/. for 200/. In this case, there is no intention to substitute one legacy for another; the inten- tion is to revoke the legacies in toto. The court being of opinion, that the proper con- struction of the 21st section is that to which I have just referred, considers this allegation admissible ; and that if the facts pleaded be proved, this instrument will be entitled to prohate without the obliterated parts." In the Goods of Ibbetson (Sir Charles), 2 Curt. 337,) the testator, after the execu- tion of his will, obliterated and erased certain parts thereof. Probate was granted of the will, with those parts in blank, the original words not being discernible on the face of the paper. In the Goods of Broo/ce, (Ibid. 343, vide post. 1797, n. (2),) the testator, after the 1st January, 1838, erased certain words in a will executed in July, 1837, and wrote a memo- randum, stating what the words erased ori- ginally were, but such memorandum was un- attested. Motion for probate of the will as it originally stood, was rejected. (1) In any manner revoked:— A testator, intending to destroy his will, threw it on the fire ; but a devisee under the will snatched it off, and took it away, a corner of the enve- lope only being burnt. The testator was displeased at her having taken it, and she, being urged by him to give it back, promised to burn it; and pretended to do so in his presence, but did not. Testator afterwards told another person, that the devisee had thrown the will on the fire, but, on that party expressing a doubt, testator said that he did not care, and that, if he was alive and well, he would make another. He took no fur- ther step either to destroy the old will, or to make a new one ; a jury having found that the testator had revoked the will by burning : it was held, in a case of copyhold to which the Statute of Frauds, (Stat. 29 Car. 2, c. 3, s. 6,) does not extend, and before Stat. 7 Gul. 4 & I Vict. c. 26, that the will was revoked by the attempt to burn, and was not revived after such revocation. Doe d. Reed v. Har- ris, 8 A. & E. 1. A testator, in the year 1832, made a will and codicil, and, in March, 1836, a second codicil. In October, 1836, he executed a new will, prepared by his solicitor, and which was delivered into his possession. At his death, the will of 1836 could not be found : it was held, that the effect of the ex- ecution of the later will was to revoke the prior will and codicils, and that the subse- quent destruction of the second will by the testator, (so presumed from it having been delivered into his possession and not being forthcoming,) did not per se operate to revive the first will and codicils. James v. Cohen, 3 Curt. 770. 3 Eccles. Notes of Cases, 30. o Y 2 1796 STATUTA GULIELMI IV. A.D. 1830— 1 807. Stat. 7 Gul. 4 & 1 Vict. c. 26. A devise not to be rendered inoperative by any subsequent, conveyance or act. A will shall be construed to speak from the death of the testator. A residuary devise shall include estates comprised in lapsed and void devises. A general devise of the testator's lands shall include copyhold and leasehold as well as free- hold lands. A general gift shall include estates over which the tes- tator has a general power of appoint- ment. A devise with- out any words of limitation shall be con- strued to pass the fee. The words " die without issue," or "die without leaving issue," shall be con- strued to mean die without issue living at the death. " XXIII. And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death. " XXIV. And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. "XXV. And be it further enacted, that, unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise (if any) contained in such will. "XXVI. And be it further enacted, that a devise of the land of the testator, or of the land of the testator in any place or in the occupation of any person men- tioned in his will, or otherwise described in a general manner, and any other general devise which would describe a customary, copyhold, or leasehold estate if the testator had no freehold estate which could be described by it, shall be con- strued to include the customary, copyhold, and leasehold estates of the testator, or his customary, copyhold, and leasehold estates, or any of them, to which such description shall extend, as the case may be, as well as freehold estates, unless a contrary intention shall appear by the will. " XXVII. And be it further enacted, that a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend, (as the case may be,) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will ; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend, (as the case may be,) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary inten- tion shall appear by the will. " XXVIII. And be it further enacted, that where any real estate shall be devised to any person without any words of limitation, such devise shall be con- strued to pass the fee-simple (1), or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will. "XXIX. And be it further enacted, that in any devise or bequest of real or personal estate the words 'die without issue,' or 'die without leaving issue,' or ' have no issue,' or any other words which may import either a want or failure of issue of any person in his life-time or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the life-time or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any impli- (1) Pass the fee -simple : — By a rule of law, where, in the devise of real property, there were no words of limitation or neces- sary implication from the words of the de- vise, to give a larger estate, the devisee, before this act, could only take an estate for life, although it has been considered, that a strict adherence to this rule has, in many instances, defeated the intentions of testators who were ignorant of the nice distinction " between the bequest of personalty and the devise of land or real estate." Loveacres d. Mudye v. Blight, Cowp. 352. ST A TUT A GULIELMI IV. A.D. 1830—1837. 1797 cation arising from such words, a limitation of an estate tail to such person or issue, or otherwise : provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue. " XXX. And be it further enacted, that where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee-simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by implication. " XXXI. And be it further enacted, that where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be given to any person for life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee-simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied. " XXXII. And be it further enacted, that where any person to whom any real estate shall be devised for an estate tail or an estate in quasi entail shall die in the life-time of the testator leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had hap- pened immediately after the death of the testator, unless a contrary intention shall appear by the will. " XXXIII. And be it further enacted, that where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of Mich person shall die in the life-time of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will. " XXX IV. And be it further enacted, that this act shall not extend to any will made before the first day of January, one thousand eight hundred and thirty- eight^), and that every will re-executed or republished (2), or revived by any Stat. 7 Gul. 4 & 1 Vict. c. 26. No devise to trustees or executors, ex- cept for a term or a presenta- tiontoachurch, shall pass a chattel interest. Trustees under an unlimited devise, where the trust may endure beyond the life of a person bene- ficially entitled for life, to take the fee. Devises of estates tail shall not lanse. Gifts to chil- dren or other issue who leave issue living at the testator's death shall not lapse. Act not to extend to wills made before 1838. nor to estates pur autre vie of persons who die before 1838. (1) Shall not extend to any will made before ike first day of January, one thousand eight hundred and thirty-eight Hobbs v. Knight, (1 Curt. 768,) a party duly ex- ecuted a will in 1835, and after the first of January, 1838, cut therefrom his signature: it was held, first, that the effect of such act was to be considered with reference to the provisions of Stat. 7 Gul. 4 & 1 Vict. c. 26; the 34th section of that statute enacting, that the act "shall not extend to any will made before the 1st of January, 1838," not apply- ing to any act done to a will after that date. Secondly, that the cutting out the signature amounted to a revocation of the will under the terms ' ' tearing or otherwise destroying the same," in the 20th section of the sta- tute. Where a testator, after the 1st of January, 1838, having obliterated the word three or five, and substituted the word one, in a will made in 1837, the alteration not being at- tested as required by Stat. 7 Gul. 4 & 1 Vict, c. 26 : probate was granted in blank. In the Goods of Livock, Ibid. 906. An unattested codicil without date, the deceased dying in January, 1839, was pro- nounced for, the case being bare of facts, and there being nothing to shew, that the codicil was signed after the first of January, 1838, when Stat. 7 Gul. 4 & 1 Vict. c. 26, came into operation. Pechell v. Jenkinson, 2 Ibid. 273. (2) Republished: — A will of lands, made before January 1st, 1838, and revoked, may, under Stat. 7 Gul. 4 & 1 Vict. c. 26, ss. 9 & 34, be republished after that day, by a codicil attested by only two witnesses. An- drews v. Turner, 3 Q. B. 177. In Brooke v. Kent, (cit. Ibid. 178, in not.) Dr. Lushington is reported to have de- livered the following judgment : "The question is, whether all wills and codicils made before that date are altogether, 1798 STATUTA GULIELMI IV. A.D. 1830-1837. Stat. 7 Gul. 4 & 1 Vict. c. 26. Act not to extend to Scotland. Act may be altered this session. codicil, shall for the purposes of this act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived ; and that this act shall not extend to any estate pur autre vie of any person who shall die before the first day of January, one thousand eight hundred and thirty-eight. " XXXV. And be it further enacted, that this act shall not extend to Scot- land. "XXXVI. And be it enacted, that this act may be amended, altered, or repealed by any act or acts to be passed in this present session of parliament." Stat. 7 Gul. 4 & 1 Vict. cap. xxix. CLVII. Stat. 7 Gulielmi -i h 1 Victoria, cap. xxix. A.D. 1837. 'A?i Act for effecting an Exchange between the Warden and Scholars' Clerks of Saint Mary College of Winchester, near Winchester, in the County of South- ampton, and tJie Dean of the Cathedral Church of the Holy Trinity of Win- chester in the said County, and the Chapter of the same Church, of divers Mes- suages or Tenements, Lands, and Hereditaments." Stat. 7 Gul. CLVIII. Stat. 7 Gulielmi 4 & 1 Victoria, cap. xxxi. A.D. 1837. 4 & 1 Vict. cap. xxxi. "An Act for extending the Power to grant Building Leases contained in the Will of Randle Jackson, Esquire, deceased; and for other Purposes.'" Stat. 7 Gul. CLIX. Stat. 7 Gulielmi 4 1 Victoria, cap. xxxii. A.D. 1837. 4 & 1 Vict. cap. xxxii. "An Act to enable the Governors of the Free Grammar School of Clitheroe, in the County of Lancaster, to sell and grant Building Leases of the School Estates, and to enlarge the Powers of the Governors" Stat. 7 Gul. CLX. Stat. 7 Gulielmi 4 & 1 Victoria, cap. xxxiii. A.D. 1837. 4 & 1 Vict. cap. xxxiii. "An Act to transfer the Endowments of the Domestic Chapel of Sir Thomas Dyke Acland, Baronet, at Columb John, in the Parish of Broadclist, in the County of Devon, which Chapel is proposed to be pulled down, to a Chapel intended to be built in lieu thereof near his Residence, at Killerton, in the same Parish." and for ever, out of the operation of the act, or, if not wholly but in part, in what part, and for how long. Now it is clear, that all wills and codicils made before the 1st of January, 1838, were not altogether, and for ever, out of the operation of the act, and to be governed by the old law; for, if they were, they might be re-executed according to the old law, or republished according to the old law, or revived or altered by a codicil executed according to the old law; but this same thirty-fourth section provides for the contrary: for every will or codicil, though made before the 1st of January, if re-exe- cuted, republished, or revived by codicil, shall be deemed to bear date at the time it was so re-executed, republished, or revived by codicil. Now, if such re-execution, re- publication, or revival by codicil took place after the 1st of January, 1838, the whole in- strument bears date at such time, and conse- quently is out of the exception, and within the act. It seems obvious, therefore, that, in these three most important particulars, wills dated before the 1st of January, 1838, may come within the act, if re-executed, re- published, or revived by codicil subsequent to the 1st of January, 1838. ' ' The principal question in the case related to obliterations and alterations made after the statute came into operation, in a will ex- ecuted before: and the judicial committee held that these were not valid, unless exe- cuted according to the statute, sect. 21." It was likewise held, in Ferraris de Zichy {Countess of) v. Hertford {Marquis of), (3 Curt. 468,) that Stat. 7 Gul. 4 & 1 Vict. c. 26, applied to wills made previously to the 1st of January, 1838, if any alteration be made therein after that date. STATUTA GULIELMI IV. A.D. 1830-1837. 1799 CLXI. Stat. 7 Gulielmi 4 & 1 Victoria, cap. xli. A.D. 1837. Stat. 7 Gul. 4 & 1 VICT. "An Act to alter and amend an Act passed in the second year of the Reign of His cap xli late Majesty King William the Fourth, intituled, An Act to enable the Govern- ors of the Possessions, Revenues, and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, to erect a School-house, Master's Houses, and other suitable Accommodations for the said School, and to extend the Objects of the Charity; and for other Purposes." CLXI1. Stat. 7 Gulielmi 4 & 1 Victoria, c, 44. A.D. 1837. Stat. 7 Gul. "An Act to provide for the Costs of Prosecutions for concealing the Birth of Children c u by secret burying, or otherwise disposing of their Dead Bodies." CLXIII. Stat. 7 Gulielmi 4 & 1 Victoria, c. 45. A.D. 1837. Stat. 7 Gul. 4 & 1 Vict. "An Act to alter the Mode of giving Notices for the holding of Vestries, and of c 45 making Proclamations in Cases of Outlawry, and of giving Notices on Sundays with respect to various Matters." " Whereas by an act of parliament passed in the fifty-eighth year of the reign 58Geo.3,c.69. of his majesty King George the Third, intituled, 1 An Act for the Regulation of Parish Vestries,' it is enacted, that no vestry or meeting of the inhabitants in vestry of or for any parish shall be holden until public notice shall have been given of such vestry, and of the place and hour of holding the same, and the special pur- pose thereof, three days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after divine service, and by affixing the same, fairly written or printed, on the principal door of such church or chapel ; and whereas by an act passed in the thirty -first year of Queen Elizabeth it is enacted, that before any outlawry shall be had and pronounced proclamation shall be made at the door of the church or chapel of the town or parish where the defendant shall be dwelling immediately after divine service on a Sunday ; and whereas by divers acts relative to the assessing and collecting of highway and poor rates and land tax, and other matters, it is directed or required that public notice shall be given with reference to certain proceedings relating thereto respectively in the parish churches or chapels during divine service ; and whereas by ancient custom notice is usually given in churches during divine service of the times appointed for holding courts leet, courts baron, and customary courts ; and whereas it is expedient that such mode of giving notices should be altered ; be it therefore enacted by the So much of the queen's most excellent majesty, by and with the advice and consent of the lords first-recited spiritual and temporal, and commons, in this present parliament assembled, and by a^)^c^Qe^tQf the authority of the same, that from and after the passing of this act so much of n0tices re_ the said first-recited act as directs the publication of such notices to be made in pealed, the parish church or chapel on some Sunday during or immediately after divine service shall be and the same is hereby repealed ; and that from and after the first Notices not to day of January next no proclamation or other public notice for a vestry meeting be given in or any other matter shall be made or given in any church or chapel during or ^^^divine after divine service, or at the door of any church or chapel at the conclusion of s^^e &c. divine service. " II. And be it further enacted, that from and after the first day of January Notices here next all proclamations or notices which under or by virtue of any law or statute, tofbrejosually or by custom or otherwise, have been heretofore made or given in churches or oJTafter^ivhie chapels during or after divine service, shall be reduced into writing, and copies service, &c. to thereof, either in writing or in print, or partly in writing and partly in print, shall be affixed to previously to the commencement of divine service on the several days on which the church such proclamations or notices have heretofore been made or given in the church or chapel of any parish or place, or at the door of any church or chapel, be affixed on or near to the doors of all the churches and chapels within such parish or place ; 1800 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 45. Notices for holding*vestries to be signed as herein directed. Decrees, &c. of ecclesiastical courts not to be read in churches. Act not to extend to notices purely ecclesiastical. Extension of act. and such notices when so affixed shall be in lieu of and as a substitution for the several proclamations and notices so heretofore given as aforesaid, and shall be good, valid, and effectual to all intents and purposes whatsoever. " III. And be it further enacted, that no such notice of holding a vestry shall be affixed on the principal door of such church or chapel unless the same shall pre- viously have been signed by a churchwarden of the church or chapel, or by the rector, vicar, or curate of such parish, or by an overseer of the poor of such parish ; but that every such notice so signed shall be affixed on or near to the princi : 1 door of such church or chapel. " IV. And be it further enacted, that from and after the first day of January next no decree relating to a faculty, nor any other decree, citation, or proceeding whatsoever in any ecclesiastical court, shall be read or published in any church or chapel during or immediately after divine service. " V. Provided always, and be it further enacted, that nothing in this act shall extend or be construed to extend to the publication of banns, nor to notice of the celebration of divine service or of sermons, nor to restrain the curate, in pursuance of the rules in the Book of Common Prayer, from declaring unto the people what holy days or fasting days are in the week following to be observed, nor to restrain the minister from proclaiming or publishing what is prescribed by the rules of the Book of Common Prayer, or enjoined by the queen or by the ordinary of the place. " VI. And be it further enacted, that all the provisions of this act shall extend and be construed to extend to the town of Berwick-upon-Tweed, the Isle of Man, and the Islands of Guernsey, Jersey, Alderney, and Sark." Stat. 7 Gul. 4 & 1 Vict. c. 46. Salary to be paid to the preacher, reader, and clerk, at the Rolls chapel. CLXIV. Stat. 7 Gulielmi 4 & 1 Victoria, c. 46. A.D. 1837. "An Act to vest the Rolls Estate in Her Majesty, and to provide for the future Payment of the Salary of the Master of the Rolls, and the Expenses of the Rolls Chapel." " XIII. And be it further enacted, that from and after the said fifth day of July one thousand eight hundred and thirty-seven, there shall be issued and paid and payable out of and charged and chargeable upon the consolidated fund of the United Kingdom of Great Britain and Ireland, (after paying or reserving suffi- cient to pay all such sum and sums of money as have been directed by any former act or acts to be paid out of the same, but with preference to all other payments which shall or may hereafter be charged upon or payable out of the same fund,) in lieu of the yearly payments now made out of the rents and profits of the said Rolls estate to the preacher and reader of the said Rolls chapel, and to the clerk attending the performance of divine service there, and for keeping the said chapel clean, and on the same days or times and in the same manner as the said annual salary of seven thousand pounds is hereinbefore directed to be issued and paid to the master of the Rolls, the annual sum of two hundred and twenty -five pounds to the preacher for the time being of the Rolls chapel, to be paid and applied by him (in such proportions and in such manner as the master of the Rolls for the time being shall think proper and direct) to the preacher and reader at the said chapel, and to the clerk attending the performance of divine worship therein, and in pay- ment of the expenses attending the performance of divine worship at the said chapel, and of keeping the said chapel clean." Stat. 7 Gul. 4 & 1 Vict. c. 53. f> & 7 Gul. 4, c. 87. CLXV. Stat. 7 Gulielmi 4 & 1 Victoria, c. 53. A.D. 1837. "An Act to explain and amend an Act of the sixth and seventh years of His late Majesty, for extinguishing the Secular Jurisdiction of the Archbishop of York and the Bishop of Ely in certain Liberties in the Counties of York, Nottingham, and Cambridge." "Whereas by an act passed in the last session of parliament, intituled, 'An Act for extinguishing the Secular Jurisdiction of the Archbishop of York and the STATUTA GULIELMI IV. A.D. 1830—1837. 1801 Bishop of Ely in certain Liberties in the Counties of York, Nottingham, and Stat. 7 Gul. Cambridge,' it was amongst other things enacted, that all the secular authority of 4 & ^1 Vict. the Bishop of Ely in the isle of Ely in the county of Cambridge, and all authority c* of the chief justice of Ely, theretofore appointed by the Bishop of Ely, should, from and after the passing of the said act, cease and determine, and all the secular authority of the said bishop should become and be vested in his late majesty, his heirs and successors ; provided always, that nothing therein contained should pre- vent any justice of the peace then acting for the said isle from continuing to act as such within the limits of the said jurisdiction as if the said act had not been passed ; and it was further enacted, that the county rates for the said isle of Ely should remain, as theretofere, distinct from the rates for the rest of the county of Cambridge, and should be assessed and levied, and paid and applied, by and under the order and direction of the justices of the peace for the said isle, as if the same were a separate county, but in all other respects under the same regulations as were applicable to the rates of other counties in England; and it was further enacted, that no person should, from and after the passing of the said act, be com- mitted to the gaol at Ely, but all persons who, if the said act had not passed, might have be?n committed to or confined in such gaol, might be committed to and con- fined in the gaol at Cambridge, and the justices of the said isle of Ely should have full power to commit to the said gaol at Cambridge, and all persons who at the time of the passing of the said act should be confined in the said gaol at Ely should, as soon as might be after the passing of the said act, be delivered up by the keeper of the said gaol at Ely to the keeper of the said gaol at Cambridge, together with the warrant or instrument under or by virtue whereof every such person should be then detained in custody, and the keeper of the said gaol at Cambridge should receive and detain such persons in custody in the same way as if such per- sons had originally been committed to his custody : and whereas the gaol for the county of Cambridge is not locally situate within the town or borough of Cam- bridge, but is situate near thereto, and within the parish of Chesterton in the same county, and there is a gaol for the said town or borough which is situate within the precincts of the same : and whereas it is desirable to prevent any doubt as to the meaning of the said recited act in regard to the gaol to which persons should be committed and removed from the said isle of Ely, and to declare that by the gaol at Cambridge mentioned in the said act, the gaol for the county of Cambridge for the time being was meant and intended : and whereas by the committal of prisoners from the said isle of Ely to the said county gaol, and the keeping and maintaining such prisoners there, considerable expense will be occasioned to the said county of Cambridge, and in consequence thereof it may be necessary to enlarge the said gaol for the county of Cambridge ; and it is therefore expedient that all expenses already occasioned or which may hereafter be occasioned thereby, as well as from the prosecution, trial, punishment, conveyance, and transport of such prisoners, should be charged on the said rates for the said isle of Ely : be it therefore declared and enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that by the gaol at Cambridge mentioned in the herein before-recited act was meant and intended the gaol for the said county of Cambridge situate at Chesterton in the same county ; and that all persons who if the said recited act had not passed might have been committed to or confined in the gaol at Ely may be committed to and confined in the gaol for the time being of the said county of Cambridge, and that all justices who if the said act had not been passed might have committed to the gaol of the said isle of Ely shall have full power to commit to the gaol for the time being of the said county of Cambridge. " II. And be it enacted, that it shall be lawful for all judges, justices, and others acting under any commission of gaol delivery, to direct that any person who shall have been committed for any crime from the said isle of Ely, and who shall thereupon be convicted and sentenced to imprisonment, shall be imprisoned either in the gaol or house of correction of the said county of Cambridge, or in any other Gaol referred to in recited act declared to be the county gaol ; and Ely prisoners may be committed to the county gaol for the time being. As to the im- prisonment of persons con- victed of crimes in the isle of Ely. 1802 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. gaol or house of correction at Ely or Wisbeach, or elsewhere in the said isle of 4 & 1 Vict. -^y °' °3' " III. And be it enacted, that all expenses already incurred or which may aMeT^the**" nerea^ter De incurred under or by virtue of the said recited act by the committal isle of Ely. of persons from the said isle of Ely to the gaol for the said county of Cambridge, and of the keeping and maintenance of such persons there, and also of the prosecu- tion, trial, punishment, conveyance, and transport of such prisoners, and all other expenses occasioned by their being kept and detained in such gaol, or by the con- sequent and necessary increase of turnkeys and other attendants, or the alteration or enlargement of the said gaol, and also a due proportion of the expenses of the necessary repairs of the said gaol, and of the general expenses of the establishment thereof for the time being, shall be paid and satisfied out of the said rates for the said isle of Ely ; and (notice in writing of the amount of such expenses being given or transmitted by post by the clerk of the peace for the said county to the clerk of the peace for the said isle half-yearly, specifying the time at which the same are required to be paid,) the justices of the peace for the said isle shall from time to time assess and levy the amount of such expenses, and use and exer- cise all powers, authorities, and methods in regard thereto, in the same manner as they are and shall be empowered by law to assess and levy county rates, or rates in the nature of a county rate, within the said isle for other purposes ; and the amount of such expenses shall from time to time be paid by the treasurers for the said isle, or one of them, to the treasurer for the said county, to be applied to the satisfaction of all such expenses accordingly; and such last-mentioned treasurer shall be accountable for the same in the same manner as for other county rates received by him : provided always, that no enlargement of the said gaol shall be made until notice of such proposed enlargement shall be given by the clerk of the peace for the said county to the clerk of the peace for the said isle, nor until the expediency of such enlargement shall have been submitted to the consideration of and shall have been agreed to by a joint committee of six justices of the peace for the said county and isle, to be appointed at the general or quarter sessions of the peace to be holden for the said county and isle respectively next after such notice in the manner provided. Settlement of " IV. And be it enacted, that if at any time hereafter the justices of the peace expenses. for the said isle shall refuse to make, assess, and levy a rate for defraying any such expenses as aforesaid, (and the nonpayment thereof by the time to be specified in such notice shall be construed to be a refusal to make, assess, and levy such rate,) the justices of the peace for the said county and isle respectively shall, at the respective general or quarter sessions which shall be holden in and for the county and in and for the isle next after such refusal respectively, appoint six justices of the peace for the county and for the isle in manner hereinafter mentioned, that is to say, the justices of the peace for the said county shall at such sessions appoint three justices of the peace for the said county, and the justices of the peace for the said isle shall at such sessions appoint three justices of the peace for the said isle ; which justices of the peace so to be respectively appointed as aforesaid are hereby required to meet, at such time as shall be fixed for the purpose by the chairman of such general or quarter sessions for the said county, at the gaol for the said county, and of which time of meeting notice in writing shall be given or trans- mitted by post by the clerk of the peace for the said county to the county justices so to be appointed, and by the same clerk of the peace to the clerk of the peace for the said isle, who shall give or transmit the same by post to the isle justices so to be appointed ; and the justices of the peace so to be appointed as aforesaid, or the major part of them then and there assembled, (such major part not being less than five in number,) shall hold a special sessions at the said gaol for the purpose of ascertaining and settling whether any and what expenses are chargeable in respect of any of the matters aforesaid on the rates of the said isle, and the proportion of expenses in respect of any of the said matters which ought to be borne by the said county and isle respectively ; and the clerk of the peace for the said county shall attend such special sessions, and keep a record of the proceedings there, which STATUTE GUL1ELMI IV. A.D. 1830—1837. 1803 record shall be evidence thereof; and the sum or sums which at any such special sessions as aforesaid shall be declared to be chargeable on the said isle under this act, shall be levied and raised in manner aforesaid. "V. And be it enacted, that all justices of the peace acting in and for the said isle of Ely shall from and after the passing of this act have and possess and may exercise all such and the same rights, privileges, powers, and authorities whatso- ever within the said isle of Ely as any justice of the peace acting in and for any county, riding, or division now hath or possesses or may exercise in such county, riding, or division. " VI. And be it enacted, that it shall and may be lawful from and after the passing of this act for any justice of the peace acting in and for the said county of Cambridge, and he is hereby authorized, to issue under his hand and seal any warrant or warrants for the apprehension of any person or persons residing or being within the said isle of Ely, charged on oath before him the said justice with any felony or misdemeanour committed in the said county of Cambridge, and in like manner for any justice of the peace acting in and for the said isle of Ely, and he is hereby authorized, to issue under his hand and seal any warrant or warrants for the apprehension of any person or persons residing or being within the said county of Cambridge, charged on oath before him the said last-mentioned justice with any felony or misdemeanor committed in the said isle of Ely ; and the con- stables or constable or other person to whom any such warrant or warrants shall or may be addressed or directed are and is hereby authorized to apprehend and take any such person or persons so charged on oath as aforesaid (and whose name or names shall be inserted in such warrant or warrants) with any such felony or misdemeanor committed in the said county of Cambridge or in the said isle of Ely, without indorsement of such warrant or warrants by any justice of the peace of the said county of Cambridge or of the said isle of Ely. " VII. And whereas doubts have arisen whether the isle of Ely is included in enactments made in several statutes respecting counties, ridings, or divisions ; be it therefore enacted, that under such statutes heretofore passed or hereafter to be p . sed, the isle of Ely shall be deemed and taken to be a division of a county. " VIII. And whereas the townships of Feliskirk and Sutton-under-White- stonecliff'e, in the parish of Feliskirk and townships of Kilburn and Marton Lord- ship, in the county of York, are locally situated within the north riding of the said county, and yet for certain purposes are esteemed to be within the liberty of Ripon in the said county, heretofore part of the secular jurisdiction of the Arch- bishop of York : and whereas by the said act of the last session of parliament it was amongst other things enacted, that all the secular jurisdiction of the said Archbishop of York in the said liberty of Ripon should from and after the passing of the said act cease and determine, and should become and be transferred to and vested in his said late majesty, his heirs and successors: and whereas the said townships are distant upwards of fourteen miles from Ripon aforesaid, and it is highly expedient that the said townships should be entirely separate and distinct from the said liberty of Ripon ; be it therefore enacted, that from and after the passing of this act, the said townships of Feliskirk and Sutton-under-Whitestone- eliffe, and the said townships of Kilburn and .Varton Lordship, be absolutely removed and separated out of and from the said liberty of Ripon, and out of and from the jurisdiction thereof, and become parts of the said north riding, to all intents and purposes whatsoever, and be solely within the jurisdiction of the said north riding ; any custom or usage to the contrary thereof in anywise notwith- standing. "IX. And be it enacted, that this act may be repealed or altered by any other act in this present session of parliament." Stat. 7 Gul. 4 & 1 Vict. c. 53. Justices of the peace for the isle of Ely to possess the same powers as justices for counties. Mutual powers given to jus- tices of the peace for the county and for the isle to apprehend offenders out of their respective limits. Isle of Ely to be a division of a county. Certain town- ships to be separated from the liberty of Ripon, and become parts of the north riding. Act may be repealed or altered. 1804 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 58. [Ir.] CLXVI. Stat. 7 Gulielmi 4 & 1 Victoria, c. 58(1). [Ireland.] A.D. 1837. "An Act to revive and continue until the sixth day of April, One thousand eight hundred and thirty-eight, an Act of the last Session of Parliament, for suspend- ing Proceedings for recovering Payment of the Money advanced under the Acts for establishing Tithe Compositions in Ireland.'''' Stat. 7 Gul. 4 & 1 Vict. c. 69. 6 & 7 Gul. 4, c. 71. Apportion- ments and agreements may be con- firmed, al- though the commissioners are not satis- fied of the accuracy of the maps. For deter- mining paro- chial bounda- CLXVII. Stat. 7 Gultelmi 4 & 1 Victoria, c. 69 (2). A.D. 1837. "An Act to amend an Act for the Commutation of Tithes in England and Wales.'''' " (3) Whereas an act was passed in the seventh year of the reign of his late majesty King William the Fourth, intituled, 4 An Act for the Commutation of Tithes in England and Wales and it is expedient to amend the said act in certain respects ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that the tithe com- missioners for England and Wales shall have power, if they shall think fit, to confirm under their hands and seal any instrument of voluntary apportionment, and also any agreement for giving land instead of tithes, made according to the provisions of the said act, to which shall be annexed a map or plan agreed to be adopted by a parochial meeting, although they shall not be satisfied of the accu- racy of such map or plan, or that the several quantities of land specified in such apportionment or agreement are therein truly stated ; but no recital of quantity or admeasurement of land, nor any map or plan annexed to any such confirmed apportionment or agreement, nor any copy thereof, shall be deemed evidence of the quantity of land referred to therein or of the accuracy of such map or plan, unless the said map or plan, as well as the instrument of apportionment or agreement, shall be signed by the commissioners and sealed with their official seal ; provided always, that the commissioners, in case they shall confirm such voluntary appor- tionment or agreement, but shall not think proper to seal such map or plan, shall certify under their hands upon some part of such map or plan that the same is the map or plan referred to in such voluntary apportionment or agreement, as the case may be, which certificate shall be received as evidence of that fact. " II. (4) And be it enacted, that two thirds in value of the owners of the lands in any parish or district of which the tithes are to be commuted, and respecting the boundaries of which any dispute or doubt shall arise, may, by writing under their hands or the hands of their agents, signed at a parochial meeting called for that purpose according to the provisions of the said act, in the case of a parochial meet- ing for making a voluntary agreement for the commutation of the tithes of a parish, signify their request to the tithe commissioners that the said commissioners should inquire into and settle such boundaries ; and thereupon the said commissioners, or any assistant commissioner specially appointed under their hands and seal for that purpose, shall, by examination of witnesses upon oath, ( which oath the said com- missioners or assistant commissioner are and is hereby empowered to administer,) and also using any other powers contained in the said act, and by such other legal ways and means as they or he shall think proper, inquire into, ascertain, and set out the boundaries of that parish or district ; provided always, that such commis- sioners or assistant csmmissioner (before they or he proceed to set out the bounda- ries of such parish or district) shall give public notice of their or his intention, by writing under their or his hands or hand, to be affixed on the most public doors of the church of that parish or district, and of every parish and district thereunto adjoining, and also by advertisement to be inserted in some newspaper circulated in the county in which such parish or district is situated, and also by writing to be delivered to or left ten days at least before the time of setting out such boundaries at the last or usual place of abode of the respective landowners, or the respective (1) Vide Stat. 1 & 2 Vict. c. 109. (3) Vide Stat. 2 & 3 Vict. c. 62, s. 22. (2) Vide Stat. 1 & 2 Vict. c. 64; Stat. (4) Vide Stat. 6 & 7 Gul. 4, c. 71, ss 2 & 3 Vict. c. 62, s. 22; and Stat. 3 & 4 55 & 64; Stat. 2 & 3 Vict. c. 62, ss. 34 Vict. c. 15. & 35, and Stat. 3 & 4 Vict. c. 15, s. 28. STATUTA GULIEL?vtI IV. A.D. 1830—1837. 1805 agents of such landowners, through or abutting upon whose lands the boundaries of such parish or district are supposed to pass ; and such commissioners or assistant commissioner shall, within one month after ascertaining and setting out the boun- daries, publish the same by causing a description thereof in writing to be delivered to or left at the place of abode of one of the cnurchwardens or overseers of the poor of the parish or district of which the boundary shall be so set out, and of every parish or district thereunto adjoining, and also of every landowner or his agent through or abutting upon whose lands the boundary so set out shall pass. "III. (1) And be it enacted, that any person interested in the judgment or determination of the said commissioners or assistant commissioner respecting the said boundaries, who shall be dissatisfied with such determination, may within six calendar months next after the publication of the said boundaries, by delivering or leaving such description as aforesaid, move the court of Queen's Bench to remove the said judgment by certiorari into the said court, the party making such applica- tion giving eight days' notice of such application, and of the matter and ground thereof, in writing, to the said commissioners ; and the decision of the said commis- sioners or assistant commissioner, or, in case of removal as aforesaid, the decision of the said court therein, shall be final and conclusive, as to the boundaries of such parish or district, for all purposes whatsoever ; and after the expiration of the said term of six calendar months the judgment shall not be removed or removable by certiorari or any other writ or process whatsoever into any of her majesty's courts of record at Westminster or elsewhere ; and no certiorari shall be allowed to remove any such judgment unless the party prosecuting the certiorari shall before allow- ance thereof enter into a recognizance before one of the justices of the said court in the sum of fifty pounds, with condition to prosecute the same without wilful delay, and to pay to the said commissioners their full costs and charges within one calen- dar month after the judgment shall be confirmed, to be taxed according to the custom of the court. "IV. And be it enacted, that it shall not be necessary to state in any instru- ment of apportionment the several quantities of wheat, barley, and oats charged upon the estate of any landowner or upon any portion of such estate included in such apportionment ; provided that the whole sum agreed or awarded to be paid by way of rent-charge instead of the tithes of the whole parish or district be therein stated, and the whole number of bushels of wheat, barley, and oats ascertained to be the fixed quantity of corn of which the variable value is to be paid in money by way of rent-charge, and also the several sums of money which were at the time of the confirmation of the apportionment of equal value with the quantities of wheat, barley, and oats apportioned on each estate or each separate portion thereof, accord- ding to the provisions of the said act, be also stated therein. " V. And be it enacted, that it shall not be necessary to state in any instru- ment of voluntary apportionment made in consequence of a parochial agreement, whether the several lands are then cultivated as arable, meadow, or pasture land, or as wood land, common land, or howsoever otherwise, nor to state the amount charged on the several closes of every individual landowner, if three fourths of the landowners interested in the said apportionment shall by some writing under their hands request the commissioners to direct that such statements be omitted. " VI. And be it enacted, that it shall not be necessary for the commissioners to send a copy of any draught or voluntary apportionment made in consequence of a parochial agreement for the inspection of any parties, nor to hold any meeting to hear any objection thereto, when one landowner shall be seised, either in fee-simple or fee-tail, of the whole of the lands that are not glebe lands in such parish. "VII. (2) And be it enacted, that the prices at which the conversion from money into corn is to be made, at the time of the confirmation of each apportion- ment, according to the provisions of the said act, are seven shillings and one farthing for a bushel of wheat, three shillings and eleven pence halfpenny for a bushel of barley, and two shillings and nine pence for a bushel of oats. (I) Vide Stat. 2 & 3 Vict. c. 62, s. 35. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 57. Stat. 7 Gul. 4 & 1 Vict. c. 69. Judgment of commissioners respecting boundaries maybe removed by certiorari. The apportion- ment need not contain the several amounts of corn charged on each estate. Particulars of land not ne- cessary to be stated in in- struments of voluntary ap- portionments if three fourths of the land- owners so request. When only one landowner, no draught of ap- portionment nor meeting for objections necessary. Prices at which conversion from money into corn is to be made. 1806 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 69. For the assess- ment and reco- very of rates. For deter- mining the lands charge- able with rent- charge. Provision for the period intervening between the end of former compositions and the com- mutation. Parties to a parochial agreement may fix when it shall begin to operate. " VIII. (1) And be it enacted, that all rates and charges to which any rent- charge payable in lieu of tithes shall be liable may be assessed upon the owner of the rent-charge, and the whole or any part thereof may be recovered from any one or more of the occupiers of the lands out of which such rent-charge shall issue, in case the same shall not be sooner paid by the owner of the rent-charge upon whom the same shall be assessed, in like manner as any poor rate assessed on such occu- pier or occupiers in respect of such lands may be recovered, upon giving to such occupier twenty-one days' notice in writing previous to any one of the half-yearly- days of payment of the rent-charge, and the collector's receipt for the payment of such rates and charges, or of any part thereof, shall be received in satisfaction of so much of the rent-charge by the owner thereof ; but no occupier shall be liable to pay at any one time, in respect of such rates and charges, any greater sum than the rent-charge payable in respect of the lands occupied by him in the same parish shall amount to for the current half year in which such notice shall have been given. "IX. (2) And be it enacted, that in all cases where the same person or body politic is not entitled to the perception of the whole of the tithes of any parish, and the liability of the lands to the payment of tithes is not in dispute, but the lands out of which each titheowner is entitled to the perception of his portion or parcel of tithes are not well denned, and also in all cases where such lands lie dispersedly throughout the parish, it shall be lawful, at any time before the confir- mation of any apportionment under the provisions of the said act, for the land- owners and titheowners having any interest in such lands or tithes, (with the consent of the diocesan and of the patron of the living whenever tithes payable to any spiritual person in right of his benefice are in question,) to agree, or for the tithe commissioners to determine, in case the commutation shall have been made by their award, that the several rent-charges which shall be made payable in lieu of tithes to each of the titheowners respectively shall be fixed and apportioned upon such particular lands as to them shall seem convenient, so that no lands are charged with more than their due proportion of rent-charge, when the determina- tion shall be by the compulsory award of the commissioners ; and every agreement or determination to that effect, when confirmed by the tithe commissioners, shall be binding upon and conclusive against all persons and bodies politic, notwith- standing any doubt as to the identity of the lands out of which the tithes originally issued in lieu whereof such distinct rent-charges are made payable. " X. (3) And be it enacted, that with the first payment of rent-charge under any agreement for the commutation of tithes shall also be paid any sum which shall be agreed to be paid in consideration of the time (if any) which may inter- vene between the termination of any previous agreement or composition for the payment of tithe and the time at which, by the said agreement for commutation, the lands shall be discharged from the payment of tithe, regard being had to the whole annual amount of rent-charge agreed to be paid, and to the other circum- stances of each case. "XI. (4) And be it enacted, that the parties to a parochial agreement may agree thereby, or by any supplemental agreement made and confirmed in like manner, that the lands included in the said agreement shall be discharged from the payment of tithes (except as excepted in the said act) from the first day of January next preceding, or from the first day of April, or first day of July, or first day of October preceding or following the confirmation of the apportionment instead of the first day of January next following the confirmation: provided always, that in every case the first payment of rent-charge shall be made and recoverable by the means provided in the said act, on the expiration of six calendar months from the time from which such lands are discharged from the payment of tithes. (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, s, 89. 69 & 70. (4) Vide Stat. 2 & 3 Vict. c. 62, s. 10; and (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 58. Stat. 3 & 4 Vict. c. 15, s. 13. STATUTA GULIELMI IV. A.D. 1830—1837. 1807 "XII.(l) And be it enacted, that no deed or declaration authorized by the Stat. 7 Gul. said act for the commutation, release, or merger of tithes shall be chargeable with 4 &^1 Vict. any stamp duty. _ Deeds not « XIII. And be it enacted, that any assistant commissioner appointed to assist chargeabiewitll in carrying the said act into execution may take the oath required of him by the stamp duty, said act before any two justices for the county, riding, division, liberty, or juris- Assistant diction wherein such assistant commissioner shall be resident at the time of his J^J^^ appointment, or before a master extraordinary in her majesty's high court of before ^ Chancery ; and every such oath so taken shall be as valid and effectual as if the justices or a same had been taken before one of the judges of her majesty's court of Queen's master in Bench or Common Pleas or one of the barons of the court of Exchequer. Th^acluo be " XIV. And be it enacted, that this act shall be taken to be a part of the said taken ^ part act for the commutation of tithes in England and Wales." of 6 & 7 Gul. 4, c. 71. CLXVIII. Stat. 7 Gulielmi 4 & 1 Victoria, c. 71 (2). A.D. 1837. Stat. 7 Gul. 4 & 1 Vict. "An Act to continue until the first day of August, One thousand eight hundred and c# 71. thirty-eight, and to the end of the then Session of Parliament, two Acts of the last Session of Parliament, for suspending Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories, and for preventing the immediate Effects on Ecclesiastical Jurisdictions of the Measures in progress for the Alteration of Dioceses" "Whereas an act was passed in the last session of parliament, intituled, 'An 6 & 7 Gul. 4, Act for suspending for one year Appointments to certain Dignities and Offices in c- 6/' Cathedral and Collegiate Churches, and to Sinecure Rectories :' and whereas another act was passed in the same session, intituled, 'An Act for carrying into 6 8c 7 Gul. 4, effect the Reports of the Commissioners appointed to consider the State of the c* " ' Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' in which latter act are contained certain provisions which were to continue in force only for one year after the passing thereof, or, if parliament should be then sitting, till the end of the session of parliament : and whereas it is expedient to continue for a further time the said first-recited act and the temporary provisions of the said secondly-recited act : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the said firstly herein before-recited act and the said temporary pro- recited visions of the said secondly herein before-recited act shall continue and be in 3 ^.'^^f ^[ain force until the first day of August, one thousand eight hundred and thirty- recited acT eight, and, if parliament shall be then sitting, until the end of the then session of further con- parliament, tinued. " II. Provided always, and be it enacted, that nothing contained in this act Nothing in shall be construed to prevent any bishop or archdeacon to whom ecclesiastical this act t0 jurisdiction and authority over any parts of England or Wales shall have been jjjgjjjjg &c given by any order in council under the provisions of the said last recited act holding'visita- passed in the session held in the sixth and seventh years of the reign of his tions or con- late majesty, from holding visitations of the clergy, and at such visitations admit- secrating new ting churchwardens, receiving presentments, and doing all other acts, matters, and things, by custom appertaining to the visitation of bishops and archdeacons in the places assigned to his jurisdiction and authority under the enactments of the said recited act : provided also, that nothing contained in this act shall be construed to prevent any bishop from consecrating a new church or chapel, or a new burial ground within his diocese as assigned by the provisions of the said recited act." churches, &c. (1) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 91; 2 & 3 Vict. c. 9; and Stat. 2 .S: 3 Vict. c. and Stat. 1 & 2 Vict. c. 64, s. 2. 55. (2) Vide Stat. 1 & 2 Vict. c. 108 ; Stat. 1808 STATUTA GULIELVII IV. AD. 1830—1837. 3 Geo. 4, c. Stat. 7 Gul. CLXIX. Stat. 7 Gulielmi 4 & 1 Victoria, c. 75(1). A.D. 1837. 4 & 1 Vict. c# 75 "An Act to prolong for ten years Her Majesty's Commission for building New Churches" 58 Geo. 3, c. 45. "Whereas an act was passed in the fifty-eighth year of the reign of his majesty King George the Third, intituled, ' An Act for building and promoting the build- ing of additional Churches in populous Parishes,' whereby it was enacted, that it should be lawful for his majesty, by letters patent, to appoint such persons as his majesty should deem fit to be his commissioners for carrying into execution the purposes of the said act, and that the said commission should continue in force for the term of ten years from the date thereof, unless his majesty should think fit sooner to alter or revoke the same : and whereas another act was passed 59 Geo. 3, in the fifty-ninth year of the reign of his majesty King George the Third, for ° }^ *ne PurP0Se 0I> amending and rendering more effectual the said act: and whereas another act was passed in the third year of the reign of his majesty King George the Fourth, for the purpose of amending and rendering more effectual the said two acts so passed as aforesaid : and whereas another act was passed in 5Geo.4,c.l03. the fifth year of the reign of his majesty King George the Fourth, for amending and rendering more effectual the said three acts so passed as aforesaid : and 7 & 8 Geo. 4, whereas another act was passed in the eighth year of the reign of his majesty c# 7jL- King George the Fourth, intituled, 4 An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes/ whereby it was enacted, that the persons then or thereafter to be appointed to be his majesty's commissioners for building new churches, and for the carrying into effect the aforesaid acts and the act now in recital, should continue to be such commis- sioners, and that the said commission should continue in force for the term of ten years from the twentieth day of July, one thousand eight hundred and twenty- eight, instead of the said term of ten years so fixed as aforesaid, unless his majesty, his heirs or successors, should think fit sooner to revoke the said commis- 1 & 2 Gul. 4, sion : and whereas another act was passed in the second year of the reign of his 2*&rf* G 1 4 ^ate m^es^ King William the Fourth, to amend and render more effectual the c g I ' last recited act : and whereas another act was passed in the third year of the reign of his late majesty, to render more effectual the aforesaid act passed in the fifty- ninth year of the reign of his majesty King George the Third : and whereas the commissioners appointed for the purpose of carrying into effect the aforesaid acts have proceeded in the execution of the powers so vested in them : and whereas it is expedient that the commission granted by his majesty King George the Fourth in pursuance of the said acts, and which by the aforesaid act passed in the eighth year of the reign of his majesty King George the Fourth is limited to the term of ten years from the twentieth day of July, one thousand eight hun- dred and twenty-eight, should continue in force for a further time ; be it there- fore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parlia- Commissioners ment assembled, and by the authority of the same, that the persons now appointed to continue; to ^e j^g majesty's commissioners for building new churches, or hereafter to be appointed to be her majesty's commissioners for building new churches, and for the carrying into effect the aforesaid acts and this act, shall continue to be such commissioners. and to be " II. And be it enacted, that from and after the passing of this act the name styled Her an(j style of the said commissioners shall be Her majesty's commissioners for majesty s com- Riding new churches, in lieu of the name and style of His majesty's commis- missioners, &c. . ° ' , . A , J . . ' J „ J . Term of com- sioners tor building new churches ; and the said commission shall continue in mission further force for the term of ten years from the twentieth day of July, one thousand continued. eight hundred and thirty-eight, and thence unto the end of the next session of parliament, instead of the term of ten years last fixed as aforesaid, unless her majesty shall think fit sooner to revoke the said commission." (1) Amended by Stat. 1 & 2 Vict. c. 4 Vict. c. 20, s. 5 ; and Stat. 3 & 4 Vict. 107; Stat. 2 & 3 Vict. c. 49; Stat. 3 & c. GO. STATUTA GULIELMI IV. A.D. 1830—1837. 1809 CLXX. Stat. 7 Gulielmi 4 & 1 Victoria, c 78. A.D. 1837. "An Act to amend an Act for the Regulation of Municipal Corporations in England and Wales." " XLV. And be it enacted, that any stocks, funds, or public securities which may be standing in the books of the governor and company of the bank of England, or of any other public company or society, in the name of the mayor, aldermen, and burgesses of any borough, either under their present or under any former style or title of incorporation, and the dividends and interest thereof, and all bonuses and accretions thereunto, which shall belong to the body corporate of such borough, without being subject to any trust for charitable purposes, may be transferred by, and paid to such person or persons as the council of the said body corporate shall appoint by an instrument in writing under the corporate seal of the borough ; pro- vided that such instrument of appointment shall be signed and sealed also by the clerk to the charitable trustees of the borough, who is hereby directed, upon request, to sign and seal the same. "XLVI. And be it enacted, that any stocks, funds, securities, and monies standing as aforesaid in the name of any such body corporate, which shall belong to the charitable trustees of the borough solely upon some charitable trust or trusts, may be transferred by and paid to such person or persons as shall be appointed under the hands and seals of the greater part of the trustees, which appointment shall be attested under the hand and seal of the said clerk, provided that such instrument as last aforesaid shall be also sealed with the corporate seal of the borough, and the mayor of the borough is hereby required, upon request, to cause the seal of the borough to be affixed to such instrument of nomination. " XLVII. And be it enacted, that the dividends and interest of any stocks, funds, securities, and monies standing as aforesaid in the name of any such body corporate which shall belong partly to the said body corporate, but subject to some charitable trust or trusts, may be paid to such person or persons as shall be author- ised to have the same paid to him or them, by an instrument in writing under the carporate seal of the borough, and appointed under the hands and seals of the greater part of the trustees, which appointment shall be attested under the hand and seal of the said clerk. " XLVIII. And be it enacted, that in every case the receipt of the person or persons authorized to give a receipt to the said company or society, by any instru- ment under the corporate seal of the said borough, and also signed and sealed by the clerk to the charitable trustees, shall be an effectual discharge to the said com- pany or society ; and all monies so paid shall be applied to the uses and in the manner provided by the said act ; that is to say, so much of the said monies as may be held on charitable trusts shall be paid over to the charitable trustees of the said borough, and so much as the said body corporate shall be entitled to bene- ficially shall be paid over to the treasurer of the borough, and applied as directed by the said act as part of the borough fund ; but no such public company or society as aforesaid shall be bound to see to the due application thereof, or to the validity of the appointment of the clerk to the charitable trustees, or to the execu- tion of any such instrument by any of the said trustees, or to inquire whether or not the said stocks, funds, securities, or monies are charged with or held upon any charitable trust ; and every person authorized to receive any monies under this act shall account to the council and to the charitable trustees respectively for all money, so received by him, and the council and trustees respectively shall have the same remedies against any such person refusing or wilfully neglecting so to account as are provided by the said act for regulating corporations, in the case of a treasurer or other officer appointed by the council refusing or wilfully neglecting to account as provided by the said act, during the continuance of his office, or within three months after the expiration of his office." Stat. 7 Gul. 4 & 1 Vict. c. 78. Manner of transferring corporate property standing in the bank books, &c. Manner of transferring charitable property standing in the bank books, &c. By what au- thority and to whom divi- dends of charitable and corporate pro- perty standing in the bank books, &c. shall be paid. Receipts for monies, and application thereof. 5 Z 1810 STATUTA GULIELMI IV. A.D. 1830—1837. Stat. 7 Gul. 4 & 1 Vict. c. 89. ) Setting fire to a church or chapel, house, warehouse, &c. CLXXI. Stat. 7 Gulielmi 4 & 1 Victoria, c. 89. A.D. 1837. "An Act to amend the Laws relating to burning or destroying Buildings and 'Ships:1 " III. And be it enacted, that whosoever shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of England and Ireland, or shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years." Stat. 7 Gul. 4 & 1 Vict, cap. cxxx. CLXXII. Stat. 7 Gulielmi 4 & 1 Victoria, cap. cxxx. A.D. 1837- "An Act for establishing a Cemetery for the Interment of the Dead westward of the Metropolis, by a Company to be called ' The West of London and Westminster Cemetery Company.1 " Stat. 7 Gul. 4 & 1 Vict, cap. cxxxi. CLXXIII. Stat. 7 Gulielmi 4 & 1 Victoria, cap. cxxxi. A.D. 1837. "An Act for establishing a General Cemetery for the Interment of the Dead in or near the City of Bristol" i 1811 STATUTA VICTORIA. A.D. 1837—1844. Page Page I. Stat. 1 & 2 Vict. cap. iii. 1812 LXIV. Stat. 3 & 4 Vict. cap. xxxv. 1970 II. c. 5 1814 LXV. . c. 48 [Sc.] 1970 III. c. 10 1814 LXVI. c. 52 1970 IV. c. 15 1815 LXVII. c. 60 1972 v. cap. xv 1815 LXVIII. c. 72 1978 VI. c. 20 1815 LXIX. c. 77 1979 VII. cap. xxii. [Sc.] 1824 LXX. c. 78 1985 VIII. c. 23 1825 LXXI. CAP. LXXXV. 1989 IX. cap. xxv 1828 LXXII. c 86 .... 1989 X. c. 28 [Ir.] 1828 LXXIII. cap. lxxxviii. 2093 XI. c. 29 1829 LXXIV. CAP. XCI. 2094 XII. c. 30 1830 LXXV. c 92 2094 XIII. c. 31 1832 LXXVI. c 93 2098 XIV. CAP. XXXV. 1834 LXXV1I. c. 101 [Ir.] 2100 XV. cap. xxxv. 1834 LXXVI II. c. 108 [Ir.] 2105 XVI. CAP. LIV. 1834 LXXIX. c. 113 .... 2110 XVII. CAP. LV 1834 LXXX. CAP. CXXIV. 2130 XVIII. c. 58 [Ir.] 1834 LXXXI. .... 4 & 5 Vict. c. 5 [Ir.] 2130 XIX. c. 64 1834 LXXXII. cap. ix 2131 XX. CAP. LXXII. 1835 LXXXIII. c. 14 2131 XXI. c. 77 1836 LXXXIV. cap. xxiv. 2132 XXII. c. 78 [Ir.] 1836 LXXXV. cap. xxv 2132 XXIII. c. 87 [Sc.] 1836 LXXXVI. cap. xxvi. 2132 XXIV. CAP. XCVIII. 1836 LXXXVII. c. 36 2132 XXV. c. 105 .... 1836 LXXXVIII. c.37 [Ir.] 2133 XXVI. c. 106 .... 1836 LXXXIX. CAP. XXXVII. 2134 XXVII. c. 107 .... 1885 XC. c 38 2134 XXVIII. c. 108 .... 1893 XCI. cap. xxxviii. 2140 XXIX. c. 109 [Ir.] 1894 XCII. c 39 2140 XXX. c. 110 .... 1915 XCIII. cap. xl 2149 XXXI. .... 2&3Vict. c. 3 [Ir.] 1916 XCIV. c. 42 2149 XXXII. CAP. V 1919 xcv. cap. xliii 2149 XXXIII. cap. vii 1920 XCVI. cap. xlv 2149 XXXIV. c. 9 1920 XCVII. cap. xlvii. 2150 XXXV. CAP. XI 1920 XCVIII. CAP. LXIII. 2150 XXXVI. c. 4 1920 XCIX. .... 5 Vict. c. 6 2150 XXXVII. cap. xvii 1921 c. .... 5 & 6 Vict. c. 4 2153 XXXVIII. c. 18 1921 CI. CAP. X 2156 XXXIX. c. 19 [Ir.] 1921 CII. cap. xi 2156 XL. cap. xx 1921 cm. cap. xii 2156 XLI. cap. xxi 1922 CIV. c. 18 2156 XLII. c. 23 1922 cv. cap. xviii. 2156 XLIII. c. 30 1925 CVI. cap. xix 2156 XLIV. cap. xxxiii. 1926 CVII. c. 26 2156 XLV. c. 47 1926 CVIII. c. 27 2160 XLVI. c. 49 1927 CIX. cap. xx vii. 2167 XLVII. c. 53 1935 ex. c. 28 [Ir.] 2167 XLVIII. c. 55 1936 CXI. cap.xxxiv. [Ir.] 2168 XLIX. c. 56 1939 CXII. cap. xxxv. 2169 L. c. 62 1939 CX1II. cap. xxxix. 2169 LI. CAP. XCVI. 1950 CXIV. cap. xl 2169 LII. .... 3 & 4 Vict. cap. vii. 1950 cxv. c. 54 2169 LI1I. CAP. VIII. 1950 CXVI. c. 58 2175 LIV. CAP. IX 1951 CXVII. cap.lxi. [Ir.] 2175 LV. cap. xii 1951 CXVIII. c 65 2175 LVI. c 13 [Ir.] 1951 CXIX. c. 79 2179 LVII. c 15 1952 CXX. c 82 2182 LVIII. cap. xix 1962 CXXI. cap. cm. 2187 LIX. c 20 1962 CXXII. c. 108 .... 2187 LX. cap. xxiii. 1966 CXXIII. c. 109 .... 2197 LXI. c. 26 1967 CXXIV. CAP. CIX. 2198 LXII. c. 33 1967 exxv. c. 112 ... 2198 LXIII. c. 35 1969 CXXVI. c. 113 [Ir.] 2198 5 Z 2 1812 STATUTA VICTORLE. A.D. 1837—1844. Page CXXVII. Stat. 5 & 6 Vict. c. 119 ... 9 1 QQ CXXVIII. .; 6 & 7 Vict. c. 6 .... 99H0 CXXIX. ., c. 10 9900 cxxx. . cap. xvi 9901 CXXXI. .. CAP. XXIV. 9901 CXXXII. .. c. 28 rir.l .... xy. L *J 9901 CXXXIII. .. CAP. XXXVI. 2201 CXXXI V. .. c.37 9909 cxxxv. .. c. 38 99HS CXXXVI. . c.39 [Ir.] 2212 CXXXVII. .. c. 54 [Ir.] 991 9 CXXXVIII. .. c. 57 [Ir.j 2215 CXXXIX. .. c. 60 991 7 CXL. .. c. 61 [Sc.] 2218 CXLI. .. c. 62 2218 CXLII. .. c. 67 9999 CXLIII. .. CAP. LXVII. CXLIV. .. c. 77 [Wa.] 2222 CXLV. .. c. 88 [Ir.] 2224 CXLVI. .. c.90 2224 CXLVII. .. CAP. XC 2227 CXLVIII. .. c. 91 [Ir.] 2227 CXLIX. c. 94 2228 CL. .. 7 & 8 Vict. cap. iii. 2228 Page CLI. Stat. 7 & 8 Vict. cart. xix. 2229 CLII cap. xx 2229 CLIII cap. xxvii. 2229 CLIV .... cap. xxxii. [Ir.] 2229 CLV .... c.37 2229 CLVI .... c.38 [Ir.] 2231 CLVII c. 44 [Sc.] 2231 CLVIII .... c. 45 2231 CLIX .... c. 56 2232 CLX .... c. 59 2235 CLXI .... c. 61 2238 CLXII .... c. 65 2238 CLXIII .... c. 68 2239 CLXIV .... c. 69 2240 CLXV CAP. LXXVI. 2242 CLXVI .... c. 81 [Ir.] 2242 CLXVII .... c. 85 2264 CLXVI II CAP.LXXXIX .2264 CLXIX .... c. 94 2264 CLXX .... c. 97 [Ir"] 2266 CLXXI .... c. 101 2271 CLXXII .... c. 102 2275 CLXXIII CAP. CVIII. 2278 Stat. 1 & 2 !• Stat. 1 & 2 Victoria, cap. iii. (1). A.D. 1838. Vict. cap. iii. ^ct yor inclosing Lands in the, Parish of Quedgley, in the County of Gloucester" (1) The following is a list of Private Sta- tutes, from the octavo edition of the Statutes, which have been passed in the reign of Queen Victoria, for inclosing lands, and in such statutes allotments have been made to the impropriators, in lieu of tithes, the rights of leasing reserved to the clerical incumbents, and other powers or advantages given, ac- cording to the circumstances of each case, so as to protect the rights of the church to its property, in the most ample manner. Stat. 1 & 2 Vict. c. 6, for inclosing lands in the parish of Swavesey, in the county of Cambridge. Stat. 1 & 2 Vict. c. 7, for inclosing lands in the parish of Linton, in the county of Cambridge. Stat. 1 & 2 Vict. c. 10, for inclosing lands in the parish of Ches- terton, in the county of Cambridge. Stat. 1 & 2 Vict. c. 11, for inclosing lands in the parish of Higham Ferrers, in the county of Northampton. Stat. 1 & 2 Vict. c. 13, for inclosing lands in the manors of Bishop's Castle and Munslow, in the county of Salop. Stat. 1 & 2 Vict. c. 17, for inclosing lands in the township of Cur- bridge, in the parish of "Witney, in the county of Oxford. Stat. 1 & 2 Vict. c. 18, for inclosing lands in the parish of Gazeley, in the county of Suffolk. Stat. 1 & 2 Vict. c. 19, for inclosing lands in the parishes of Pulham Saint Mary the Virgin, and Pulham Saint Mary Magdalen, in the county of Norfolk. Stat. 2 & 3 Vict. c. 4, for inclosing lands in the parish of Moulton, in the county of Suffolk. Stat. 2 & 3 Vict. c. 6, for inclosing lands in the parish of Mel- bourn, in the county of Cambridge. Stat. 2 & 3 Vict. c. 10, for inclosing lands in the manor of Unstone, in the parish of Dronfield, in the county of Derby. Stat. 2 & 3 Vict. c. 12, for inclosing lands in the parish of Barton, in the county of Cambridge. Stat. 2 & 3 Vict. c. 13, for inclosing lands in the borough or town- ship of Clun, in the parish of Clun, in the county of Salop. Stat. 2 & 3 Vict. c. 14, for inclosing lands in the parish of Com- bqrton, in the county of Cambridge. Stat. 2 & 3 Vict. c. 15, for inclosing lands in the parish of Rampton, in the county of Cambridge. Stat. 2 & 3 Vict. c. 28 for inclosing certain lands called the West Croft and Burton Leys, in the parish of Saint Mary, in the town and county of the town of Nottingham. Stat. 2 & 3 Vict. c. 29, for inclosing lands in the parishes of West Beckham and Alby, in the county of Norfolk. Stat. 2 & 3 Vict. c. 32, for inclosing, allotting, and improving cer- tain open fields in the parisli of Saint Mary, in the town and county of the town of Nottingham. Stat. 3 & 4 Vict. c. 2, for inclosing lands in the parishes of Free- STATUTA VICTORLE. A.D. 1837—1844. 1813 thorpe, Limpenhoe, and Reedham, in the county of Norfolk. Stat. 3 & 4 Vict. c. 6, for inclosing lands in the parishes of Whittle- sea Saint Mary, and Whittlesea Saint Andrew, in the county of Cambridge. Stat. 3 & 4 Vict. c. 7, for inclosing lands in the parish of Thriplow, in the county of Cambridge. Stat. 3 & 4 Vict. c. 10, for inclosing lands in the manor of Dron- field, in the county of Derby. Stat. 3 & 4 Vict. c. 11, for inclosing lands in the parish of Llanger- niew, in the county of Denbigh. Stat. 3 & 4 Vict. c. 13, for inclosing lands in the parish of Stoke Bruern and the hamlet of Shutlanger, otherwise Shuttlehanger, in the said parish of Stoke Bruern, in the county of North- ampton. Stat. 3 & 4 Vict. c. 15, for inclosing lands in the parish of Quainton, in the county of Buckingham. Stat. 3 & 4 Vict. c. 28, for inclosing Swingfield Minnis, otherwise Folkestone Common, within the manor, hundred, barony, and royalty of Folke- stone, in the county of Kent. Stat. 4 & 5 Vict. c. 1, for inclosing lands in the parish of Barnack with Pilsgate and Southorpe, in the county of Northampton. Stat. 4 & 5 Vict. c. 2, for inclosing lands in the parish of Colly- weston, and within the precincts of West Hay, in the county of Northampton. Stat. 4 & 5 Vict. c. 6, for inclosing lands in the parish of Gamlin- gay, in the county of Cambridge. Stat. 4 & 5 Vict. c. 10, for inclosing lands in the parish of Beding- ham, in the county of Norfolk. Stat. 4 & 5 Vict. c. 11, for inclosing lands in the parish of Upper Heyford, in the county of Oxford. Stat. 4 & 5 Vict. c. 15, for dividing, allotting, and inclosing lands in the parish of Elsing, in the county of Norfolk. Stat. 4 & 5 Vict. c. 16, for inclosing the commons, droves, banks, and waste lands, in the parishes of Lever- ington, Tid Saint Giles, and Outwell, in the isle of Ely, in the county of Cam- bridge. Stat. 4 & 5 Vict. c. 20, for inclosing lands in the parish of Whit- more, in the county of Stafford. Stat. 4 & 5 Vict. c. 22, for inclosing lands in the parish of Great Horwood, in the county of Buckingham. Stat. 5 & 6 Vict. c. 1, for inclosing lands in the parish of Clee, in the county of Lincoln. Stat. 5 & 6 Vict. c. 3, for inclosing lands in the parish of Cotten- ham, in the county of Cambridge. Stat. 5 & 6 Vict. c. 5, Stat. 1 & 2 for inclosing lands in the parish of Kings- Vict. cap. iii. clere, in the county of Southampton. Stat. 5 & 6 Vict. c. 6, for inclosing lands in the parish of Buckland. in the county of Buckingham. Stat. 5 & 6 Vict. c. 7, for inclosing lands in the several parishes of Huish Champflower, Clatworthy, and Brompton Ralph, in the county of So- merset. Stat. 5 & 6 Vict. c. 8 for inclosing lands in the parish of Yate, in the county of Gloucester. Stat. 5 & 6 Vict. c. 9, for dividing, allotting, and inclosing lands in the parishes of Ormesby Saint Margaret, Ormesby Saint Michael, Ormesby Saint Peter, and Ormesby Saint Andrew, and Scratby, otherwise Scroteby, in the county of Norfolk. Stat. 5 & 6 Vict. c. 10, for inclosing lands in the parish of Med- bourn, in the county of Leicester. Stat. 5 & 6 Vict. c. 13, for inclosing lands in the parishes of Brit- well Salome and Britwell Prior, in the county of Oxford. Stat. 6 & 7 Vict. c. 1, for inclosing lands in the parish of Littleton, in the county of Southampton. Stat. 6 & 7 Vict. c. 4, for inclosing lands in the parish of Great Gransden, in the county of Huntingdon. Stat. 6 & 7 Vict. c. 7, for inclosing lands in the parish of Chalgrove, in the county of Oxford. Stat. 6 & 7 Vict. c. 8, for inclosing lands in the parish of Hadden- ham, in the isle of Ely, in the county of Cambridge. Stat. 6 & 7 Vict. c. 9, for inclosing lands in the parish of Great Bromley, in the county of Essex. Stat. 6 & 7 Vict. c. 10, for inclosing lands in Sowerby and Soyland, in the parish of Halifax, in the west riding of the county of York. Stat. 6 & 7 Vict. c. 13, for inclosing lands in the parish of Leighton Bussard, in the county of Bedford. Stat. 6 & 7 Vict. c. 14, for inclosing lands in the several parishes of Eglwys-rhos, Llandudno, and Llangws- tenin, in the county of Carnarvon, and in the parish of Llandrillo, in the counties of Denbigh and Carnarvon, or either of them. Stat. 7 & 8 Vict. c. 4, for inclosing lands in the parish of Brandes Burton, in the county of York. Stat. 7 & 8 Vict. c. 5, for inclosing lands in the township of Halt- whistle, in the parish of Haltwhistle, in the county of Northumberland. Stat. 7 & 8 Vict. c. 8, for inclosing lands in the parishes of Bleddfa and Llangunllo, in the county of Radnor. 1814 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 II. Stat. 1 & 2 Victoria, c. 5. A.D. 1837. "An Act for the Relief of Quakers, Moravians, and Separatists, elected to Municipal Offices" Stat. 1 & 2 Vict. c. 10. No association or copartner- ship, or con- tract entered into by any of them, to be illegal or void by reason only of spiritual persons being members of such associa- tion or co- partnership. In all actions and suits the defendant to be entitled to taxed costs, and the court may make order for further costs. Act may be repealed this session. III. Stat. 1 & 2 Victoria, c. 10(1). A.D. 1838. "An Act to make good certain Contracts which have been or may be entered into by certain, Banking and other Copartnerships." " Whereas divers associations and copartnerships, consisting of more than six members or shareholders, have from time to time been formed for the purpose of being engaged in and carrying on the business of banking and divers other trades and dealings for gain and profit, and have accordingly for some time past been and now are engaged in carrying on the same by means of boards of directors or managers, committees or other officers, acting on behalf of all the members or shareholders of or persons otherwise interested in such associations or copartner- ships : and whereas divers spiritual psrsons, having or holding dignities, prebends, canonries, benefices, stipendiary curacies, or lectureships, have been and are mem- bers or shareholders of or otherwise interested in divers of such associations and copartnerships, and it has not been commonly known or understood that the hold- ing of such shares or interests by such spiritual persons was contrary to law : and whereas it is expedient to render legal and valid all contracts entered into by such associations or copartnerships, or which for a limited time may be entered into by them, although the same may now be void by reason of such spiritual persons being or having been such members or shareholders or otherwise interested as aforesaid ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that no such association or copartnership already formed or which may be formed at any time before the end of the next session of parliament, nor any contract either as between the members, partners, or shareholders composing such association or copartnership for the purposes thereof, or as between such association or copartnership and other persons, heretofore entered into, or which before the end of the next session of parliament shall be entered into, by any such association or copartnership already formed or hereafter to be formed, shall be deemed or taken to be illegal or void, or to occasion any forfeiture whatsoever, by reason only of any such spiritual person as aforesaid being or having been a member, partner, shareholder, manager, or director of or otherwise interested in the same, but all such associations and copart- nerships shall have the same validity, and all such contracts shall and may be enforced in the same manner to all intents and purposes as if no such spiritual person had been or was a member, partner, shareholder, manager, or director of or interested in such association or copartnership. " II. And be it further enacted, that in all actions and suits which shall have been brought or instituted by or on behalf of any such association or copartner- ship, in case any defendant therein shall before the sixth day of February, one thousand eight hundred and thirty-eight, by plea or otherwise, have insisted on the invalidity of any contract thereby sought to be enforced by reason of any such spiritual person as aforesaid being or having been a member or shareholder in such association or copartnership, such defendant shall be entitled to the full costs of such plea or other defence, to be paid by the plaintiff, and to be taxed as the court in which the said action or suit shall be depending, or any judge thereof, shall direct ; and in order fully to indemnify such defendant it shall be lawful for such court or judge to order the plaintiff to pay to him such fur- ther costs,*(if any,) of the said action or suit as the justice of the case may require. "III. And be it further enacted, that this act may be repealed or altered by any other act in this present session of parliament." (1) Vide Stephen* on Nisi Trius, tit. Partners, 2378. STATUTA VICTORIA. A.D. 1837—1844. 1815 IV. Stat. 1 & 2 Victoria, c. 15. A.D. 1838. Stat. 1 & 2 . Vict. c. 15. "An Act for the further Relief of Quakers, Moravians, and Separatists. V. Stat. 1 & 2 Victoria, cap. xv. A.D. 1838. Stat. 1 & 2 Vict. cap. xv. "An Act for the Sale of the Advowson of the Vicarage of Painswick, in tlie County of Gloucester." VI. Stat. 1 & 2 Victoria, c. 20. A.D. 1838. Stat. 1 & 2 Vict. c. 20. "An Act for the Consolidation of the Offices of First-fruits, Tenths, and Queen Anne's Bounty." " Whereas her most gracious majesty Queen Anne, in her royal bounty to the poor clergy of the church of England, and pursuant to and by virtue of an act of parliament made in the second year of her said majesty's reign, intituled, ' An Act ^ ^nn* c* for making more effectual Her Majesty's gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling Her Majesty to grant in per- petuity the Revenues of the First-fruits and Tenths, and also for enabling other Persons to make Grants for the same Purpose,' did, in and by her letters patent under the great seal of England, bearing date the third day of November in the third year of her said majesty's reign, make, nominate, constitute, and appoint the persons therein named to be one body politic and corporate by the name of 4 The Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy,' with such powers and authorities as are therein mentioned and expressed ; and did in and by the said letters patent give and grant unto the said governor^ of the bounty of Queen Anne for the augmentation of the main- tenance of the poor clergy, and their successors, all the revenues of the first-fruits and yearly perpetual tenths of all dignities, offices, benefices, and promotions spiri- tual whatsoever payable to her said majesty, her heirs and successors, by virtue of any act or acts of parliament whatsoever, and all arrears of the said first-fruits and tenths, (except as therein is excepted,) to be applied and disposed of by the said governors thereby constituted to and for such ends, intents, and purposes as in and by the said letters patent are contained and directed : and whereas by virtue of an act of parliament made and passed in the first year of the reign of Queen Elizabeth, 1 Eliz. c. 4. intituled, ' An Act for the Restitution of First-fruits to the Crown,' the said reve- nues of first-fruits and yearly perpetual tenths are within the order, survey, rule, and governance of her majesty's court of Exchequer: and whereas his majesty King Charles the Second, by letters patent under the great seal of England, bear- ing date the twenty-fourth day of January, in the thirty-first year of his reign, did give and grant unto Marmaduke Gibbs, Esquire, his heirs and assigns, the office of remembrancer of first-fruits and tenths in his majesty's court of Exchequer, to hold the said office unto the said Marmaduke Gibbs, his heirs and assigns, by him- self or by his or their sufficient deputy or deputies for ever, immediately and so soon after the date of the said letters patent as the said office should become vacant as therein mentioned, and which soon afterwards happened, upon trust that he the said Marmaduke Gibbs, his heirs and assigns, should stand seised of the said office, with the wages, fees, and emoluments thereof, (except as therein mentioned,) for Henry Duke of Grafton, his heirs and assigns, as in the said letters patent is men- 4 tioned : and whereas by an act passed in the third year of the reign of King George 3 Geo. 1, c. 10. the First, intituled, ' An Act for the better collecting and levying the Revenue of the Tenths of the Clergy,' it was amongst other things enacted, that from and after the twenty-sixth day of December then last past there should be one collector or receiver of the said perpetual yearly tenths of all dignities, offices, benefices, and promotions spiritual whatsoever, granted to the said corporation of the governors of the bounty of Queen Anne for the augmenation of the maintenance of the poor clergy by the said first-recited act and letters patent, (which had not been legally discharged by any act or acts since made, or otherwise,) from time to time to be appointed by his majesty, his heirs and successors, by his or their letters patent 1816 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 Vict. c. 20. Abolishing offices of first-fruits and tenths. Books, &c. belonging to under the great seal of Great Britain, as in the said act now in recital is mentioned ; which said collector or receiver should be and was thereby charged and chargeable to levy, collect, and receive all such sums of money wherewith all and every such dignities, offices, benefices, and promotions spiritual were charged and chargeable for and towards the payment of the said perpetual yearly tenths ; and should pay and content the said sums of money yearly into the receipt of his majesty's exchequer at Westminster, in such manner and form as was thereinafter men- tioned: and whereas under or by virtue of the several acts and letters patent hereinbefore mentioned or referred to, and other acts of parliament and letters patent of the crown, the said revenue of first-fruits is now collected and received in a certain office called the Office of First-fruits, which office is a branch of the said court of Exchequer, and consists of four officers ; videlicet, a remembrancer of first- fruits and tenths, who holds his office in fee under or by virtue of the said letters patent of King Charles the Second, a collector or receiver, and two sworn clerks ; and the revenue of yearly tenths is in the first instance collected and received by a collector or receiver, who holds his office under or by virtue of the said act of the third year of King George the First, or letters patent granted in pursuance thereof, and has two clerks for his assistance in the business of such collection and receipt ; and the said revenues of first-fruits and yearly tenths are from time to time paid by the respective collectors or receivers thereof into the bank of England, to the account of her majesty's exchequer ; and the same monies, or the amount thereof, are or is afterwards from time to time paid to the treasurer for the time being of the said governors of the bounty of Queen Anne for the augmentation of the main- tenance of the poor clergy : and whereas the names of the present officers employed in the said offices of first-fruits and tenths for the collection, receipt, and payment, in manner aforesaid, of the said revenue of first-fruits and yearly perpetual tenths, and the average yearly amount of the emoluments of all such officers respectively, arising from salaries and fees, or otherwise, (as stated by such officers respectively,) and the annual expenses of the said offices for rent, salary to an office keeper, stationery, coals, candles, and other incidental matters, are set forth in the schedule to this act, and amount in the whole to the yearly sum of two thousand and twenty-two pounds eighteen shillings and eleven pence : and whereas the method at present in use for the collection and receipt of the said first-fruits and tenths by the said several officers respectively, and the payment of the same into the bank of England to the account of her majesty's exchequer, and the subsequent payment thereof to the treasurer of the governors of the bounty of Queen Anne as herein- before mentioned, is unnecessarily circuitous, complicated, and expensive ; and it is therefore expedient that the said office of remembrancer of first-fruits and tenths, and the said several offices of collectors or receivers of first-fruits and tenths, and the clerkships attached to the same offices respectively, should be abolished, and that the collection and receipt as well as the expenditure and application of the whole revenue of first-fruits and tenths should be placed under the management of the said governors of the bounty of Queen Anne, and their treasurer for the time being under their immediate control, by which means the collection and receipt of the said first-fruits and tenths, and the proceedings to recover and enforce the pay- ment thereof, may be rendered more simple and less oppressive to the clergy paying the same, and the expenses attending such collection and receipt may be greatly lessened, and the clear revenues of first-fruits and tenths be consequently increased for the augmentation of the maintenance of the poor clergy as directed by the said letters patent of her said majesty Queen Anne : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the twenty-fourth day of December next after the passing of this act the said office of remembrancer of first- fruits and tenths, the said offices of collectors or receivers of first-fruits and te nths respectively, and the several clerkships and other offices attached or belonging thereto respectively, shall be and the same are hereby abolished. "II. And be it enacted, that the several records, deeds, books, accounts, papers, STATUTA VICTORIA. A.D. 18,37—1844. 1817 vouchers, and other documents whatsoever of or concerning the duties and busi- ness of the said several offices respectively so to he abolished as aforesaid, shall, on or before the said twenty-fourth day of December next after the passing of this act, be delivered by the several officers or persons now having the custody or pos- session of the same into the hands and possession of the treasurer for the time being of the said governors of the bounty of Queen Anne, at his office for the time being in the city of London or Westminster, to be by such treasurer for the time being duly kept and preserved in his said office, subject nevertheless to such rules, orders, and regulations as the said governors of the bounty of Queen Anne shall or may from time to time ordain or make touching the same ; and that the barons of her majesty's court of Exchequer shall, if necessary, make such order or orders as to them may seem meet for the delivery of the said several records, deeds, books, accounts, papers, vouchers, and other documents to the said treasurer for the time being of the said governors of the bounty of Queen Anne as aforesaid. "III. And be it enacted, that from and after the said twenty-fourth day of December next after the passing of this act, the treasurer for the time being of the said governors of the bounty of Queen Anne for the augmentation of the main- tenance of the poor clergy, shall be the one and only collector or receiver of all the said revenues of first-fruits and yearly perpetual tenths of all dignities, offices, benefices, and promotions spiritual whatsoever, which shall thereafter be or become payable under or by virtue of any act or acts of parliament, or otherwise howso- ever, and of all past, present, and future arrears of the same revenues of first-fruits and tenths respectively ; and that the monies to be received by such treasurer for the time being of the said governors of the bounty of Queen Anne shall be from time to time paid and disposed of and accounted for by such treasurer in the same manner as the monies which would have been received by him for or in respect of such revenues, in case this act had not been made, would have been paid and dis- posed of and accounted for. " IV. Provided always, and be it enacted, that the enactments hereinbefore contained making the said revenues of first-fruits and tenths payable immediately to the said treasurer for the time being of the said governors of the bounty of Queen Anne, instead of being as heretofore first paid into her majesty's exchequer, shall not take away, lessen, defeat, prevent, or in any way affect or alter any writ, process, or remedy whatsoever heretofore in use in her majesty's name in her majesty's said court of Exchequer, or otherwise, for the recovery or compelling pa^yment of the said revenues of first-fruits and tenths, or the arrears thereof, or the penalties for the nonpayment of the same ; but that all such writs, process, and remedies shall and may be issued, sued, and prosecuted by or in the said court of Exchequer in the name of her said majesty, or otherwise, and in the same manner and form to all intents and purposes and as fully and effectually as if the said revenues of first-fruits and tenths were still payable in the same manner and to the same officers as before the passing of this act ; and that from and after the said twenty-fourth day of December next after the passing of this act, the said trea- surer for the time being of the governors of the bounty of Queen Anne shall and may have and exercise the same powers and authorities with regard to the issuing, suing forth, and prosecution of such writs, process, and proceedings for or relating to the recovery or compelling payment of the said revenues of first-fruits and tenths, and all penalties for nonpayment thereof, or otherwise relating thereto, as the said remembrancer of first-fruits, and the said collectors or receivers of first- fruits and tenths respectively, whose offices are hereby abolished, had or might have exercised immediately before the passing of this act. " V. And be it enacted, that from and after the said twenty-fourth day of December next after the passing of this act, all returns by the bishops of the several dioceses and by other ordinaries of institutions to benefices, and ail returns whatsoever heretofore made to, and all notices, process, and other proceedings, charges, discharges, bonds, recognizances, estreats, matters, and things usually issued, done, had, received, filed, recorded, or taken by or under the authority of the said remembrancer of first-fruits and tenths, or the said collectors and receivers Stat. 1 & 2 Vict. c. 20. abolished offices to be delivered up to the treasurer of Queen Anne's bounty. The treasurer of Queen Anne's bounty to be the sole col- lector of the first-fruits and tenths. Alteration in the mode of collecting first-fruits and tenths not to affect the remedies for compelling payment. Duties of abolished offices to be performed by treasurer of Queen Anne's bounty. 1818 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 20. Searches to be made and copies of documents to be obtained as heretofore. Fees for searches, &c. to be paid to the treasurer of Queen Anne's bounty. Account of first-fruits and tenths payable to be sent to clerks on institution. Notice of arrears to be sent to the party omitting to pay. of first-fruits and tenths, and other officers whose offices are hereby abolished, or any of them, for the recovery or enforcing the payment of the said revenues of first-fruits and tenths, or for any other purpose whatsoever, and which shall from henceforth he by law required or needful to be made and delivered, issued, done, had, received, filed, recorded, or taken, shall he respectively made and delivered to, and issued, done, had, received, filed, recorded, and taken by the treasurer for the time being of the said governors of the bounty of Queen Anne, or the clerks in the office of such treasurer by and under his direction, according to the course and practice of such office, as fully and effectually to all intents, constructions, and purposes as the same might or could have been made and delivered to, or issued, done, had, received, filed, recorded, or taken by the said remembrancer, collectors, and receivers, and other officers whose offices respectively are hereby abolished, or any of them, before the passing of this act. " VI. And be it enacted, that from and after the said twenty-fourth day of December next after the passing of this act all such searches, copies, or extracts as may now he made, taken, or obtained by any person or persons whomsoever in and from the records, books, and other documents in or belonging to the said offices of first-fruits and tenths respectively, shall or may he made and taken from the same records, books, and other documents, and all other similar records, books, and other documents for the time being which by virtue of this act shall be in or belonging to the office of the treasurer for the time being of the said governors of the bounty of Queen Anne, at such time or times, and in such manner, and upon payment of such fees as the said governors shall, under their common seal, order and direct ; and that all such copies or extracts, signed and authenticated by the said treasurer for the time being, or such other person or persons as shall be appointed by him for that purpose, shall be as available in evidence and as valid and effectual to all intents and purposes as the same would by law have been if the same had been signed, authenticated, and given before the passing of this act by the said remem- brancer and other officers whose offices are hereby abolished, or any of them. " VII. And be it enacted, that in the meantime and until such order or orders shall be made in that respect, as are hereinafter provided, all fees for such searches and copies or extracts as aforesaid, and all such other fees, perquisites, and other payments whatsoever (except salaries) as are now paid to or received by and for the use and benefit of the said remembrancer and other officers whose offices are hereby abolished, shall be paid to and received by the said treasurer for the time being of the bounty of Queen Anne, and shall be by him from time to time accounted for and paid and disposed of in the same manner and for the same purposes as the said revenues of first-fruits and tenths hereby made payable to him as aforesaid. "VIII. And be it enacted, that the said treasurer for the time being of the bounty of Queen Anne shall upon or immediately after the receipt of every return of institutions made by the bishops of the respective dioceses in England or Wales, or other ordinaries, deliver or transmit by the post, or otherwise, to every clerk or other person instituted to any ecclesiastical benefice, an account or statement in writing of the payments (if any) which are to be made by him for or in respect of the first-fruits and yearly tenths of such benefice, and of the times and manner of making such payments. " IX. And he it enacted, that when and as often as it shall appear to the trea- surer for the time being of the governors of the bounty of Queen Anne that any person liable to the payment of first-fruits or tenths shall have omitted or neg- lected to pay the same respectively for one calendar month over or after the proper time for such payment, the said treasurer for the time being shall thereupon give to each such person a notice in writing, or transmit the same by the post addressed to him at the place of residence belonging to the benefice or other ecclesiastical pre- ferment in respect of which such payment is required, or other his usual place of residence, if known to the said treasurer, stating the amount then appearing to be due from such person for or in respect of first-fruits and tenths respectively ; and that such notice shall from time to time be repeated as often as the said treasurer STATUTA VICTORLE. A.D. 1837—1844. 1819 may deem expedient; and that in particular between the twenty-ninth day of September and the twenty-fifth day of December in every year such a notice shall be given, sent, or transmitted as aforesaid to every archbishop, bishop, or other dignitary, rector, vicar, or other person from whom any first-fruits or yearly tenths, or any sum or sums of money in respect thereof, may then appear to be due, to the end that the payment of such first-fruits and tenths may in no case be omitted or neglected through ignorance or inadvertence. " X. And be it enacted, that all the laws, statutes, and provisions touching or concerning the said revenues of first-fruits and tenths, and the imposing, charging, assessing, and levying, and the true answering and payment of the said first-fruits and tenths, or touching the charge or discharge or alteration of them or any of them, or any matter or thing relating thereto, which were in force immediately before the passing of this act, and which are not hereby or hereinbefore altered or repealed, shall be, remain, and continue in their full force and effect, and shall hereafter be observed and put in due execution according to the tenor or purport of the same and every of them in all things, excepting such as are in or by this act altered or repealed. " XI. And whereas it is fit and reasonable that a fair and proper price or con- sideration in money should be paid out of the funds of the said governors of the bounty of Queen Anne to Henry Warre, esquire, the present remembrancer of first-fruits and tenths, or other the owner or owners of the freehold and inherit- ance of such office under the said letters patent of King Charles the Second, as and for the purchase of or a compensation for the loss of the same by virtue of this act : and that a fair and proper compensation in money should also be paid out of the funds of the said governors of the bounty of Queen Anne to George Arbuthnot, esquire, the present collector or receiver of first-fruits, and to Mr. George Gun- thorpe, the present senior sworn clerk in the said office of first-fruits, and to Mr. Richard Griffiths, the present senior sworn clerk in the said office of tenths, for the loss which they will respectively sustain by the abolition of their said respective offices by virtue of this act ; be it therefore enacted, that the governors of the bounty of Queen Anne shall, by and out of the funds of their said corporation, pay to the said Henry Warre, or other the owner or owners of the said office of remembrancer of first-fruits and tenths, and the freehold and inheritance thereof, as and for the purchase of or a compensation for the loss of the same by virtue of this act, such a sum of money as shall by the lord high treasurer or the commis- sioners of her majesty's Treasury for the time being, or any three or more of them, by warrant under their hands, be ascertained and declared to be the fair and rea- sonable value of the said office of remembrancer of first-fruits and tenths, and the freehold and inheritance thereof. " XII. And be it enacted that the said governors of the bounty of Queen Anne shall, by and out of the funds of their said corporation, pay to each of them the said George Arbuthnot, George Gunthorpe, and Richard Griffiths, such sum or sums of money, either annually or in gross, as shall by the lord high treasurer or the commissioners of her majesty's treasury for the time being, or any three or more of them, by warrant under his or their hand or hands respectively, be ascer- tained and declared to be a fair and reasonable compensation for the loss which the said last-mentioned officers respectively will sustain by the abolition of their said respective offices by virtue of this act. " XIII. And be it enacted, that the said Henry Warre, or other the person or persons claiming to be the owner or owners of or entitled to the said office of remembrancer of first-fruits and tenths, shall within one calendar month next after the passing of this act, at his or their own expense, prepare and deliver to the lord high treasurer or the commissioners of her majesty's Treasury for the time being, or any three or more of them, an abstract of the title to the said office of remembrancer, and the fee and inheritance thereof, under the said letters patent of King Charles the Second, and shall deduce and evidence a good title to the same to the reasonable satisfaction of the counsel of the said governors ; and that on such good and marketable title being deduced and evidenced as aforesaid the said Stat. 1 & 2 Vict. c. 20. Provisions of former acts relating to first-fruits and tenths to con- tinue in force, except where altered by this act. Compensation to the remem- brancer of first-fruits and tenths. Compensation to other officers. Title to be shown to the office of re- membrancer. 1820 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Viot. c. 20. In case of not making out a good title, purchase money to be paid into court of Exchequer. 1 Geo. 4, c. 35. Persons in possession of office of re- membrancer to be deemed rightfully enti- tled thereto governors, or their treasurer for the time being, shall, upon an order for that pur- pose made by the lord high treasurer or the commissioners of her majesty's Trea- sury, or any three or more of them, pay to the said Henry Wane, or other the owner or owners of the said office of remembrancer of first-fruits and tenths, and the fee-simple and inheritance thereof, the sum of money which shall in manner aforesaid have been ascertained and declared to be the fair and reasonable price or value of the same, and that the receipt of the person or persons to whom the same money shall be paid shall be a good and sufficient discharge to the said governors. " XIV. Provided always, and be it enacted, that in case a good title to the said office of remembrancer of first-fruits and tenths, and the fee-simple and inheritance thereof, shall not be deduced and evidenced, then and in that case it shall and may be lawful for the said governors, and they are hereby required, with all convenient speed, to pay the sum of money which shall have been in manner aforesaid ascer- tained and declared to be the reasonable price and value of the said office of remem- brancer into the bank of England in the name and with the privity of the account- ant-general of the court of Exchequer, to be placed to his account there ex parte the said governors of the bounty of Queen Anne, pursuant to the method pre- scribed by an act made in the first year of the reign of his majesty King George the Fourth, intituled, ' An Act for the better securing the Monies and Effects paid into the Court of Exchequer at Westminster, on account of the Suitors of the said Court, and for other Purposes,' and the general orders of the said court, and without fee or reward ; to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way by the said Henry Warre, or other the person or persons, body or bodies, who would have been enti- tled to the fees, emoluments, and profits of the said office of remembrancer of first- fruits and tenths in case the same had not been abolished, in or towards the dis- charge of any debt or debts, or such other incumbrances or part thereof, as the said court shall authorize to be paid, affecting the same office, or any part or parts, share or shares, estate or estates, interest or interests thereof or therein, or charge or charges thereon, or affecting any other hereditaments standing settled therewith to the same or the like uses, trusts, intents, or purposes ; or where such money shall not be so applied then the same shall be laid out and invested, under the like direction and approbation of the said court, in the purchase of messuages, lands, tenements, or hereditaments, which shall be conveyed and settled to, for, and upon such and the like uses, trusts, intents, and purposes, and in the same manner, as the said office of remembrancer of first-fruits and tenths so hereby abolished as aforesaid stood settled or limited immediately before the passing of this act, or such of them as at the time of making such conveyance or settlement shall be existing undetermined and capable of taking effect ; and that in the meantime and until such purchase shall be made the said money shall, by order of the said court, upon application thereto, be invested by the said accountant-general in his name in the purchase of three pounds per centum consolidated or three pounds per centum reduced bank annuities ; and that in the meantime and until such bank annuities shall be ordered by the said court to be sold for the purposes aforesaid the divi- dends and annual produce of the said consolidated or reduced bank annuities shall from time to time be paid, by order of the said court, to the said Henry Warre, or other the person or persons, body or bodies, who would for the time being have been entitled to the rents and profits of the lands, tenements, and hereditaments so hereby directed to be purchased, in case such purchase and settlement were actu- ally made. " XV. Provided always, and be it enacted, that if any question shall arise touching the title of the said Henry Warre, or of any other person or persons, body or bodies, to the monies to be paid into the bank of England in the name and with the privity of the accountant-general of the court of Exchequer, in pursuance of this act, for the purchase of or as a compensation for the said office of remem- brancer of first-fruits and tenths, or to any bank annuities to be purchased with STATUTA VICTORIA. A.D. 1837—1844. 1821 any such money, or to the dividends or interest of any such bank annuities, the Stat. 1 & 2 said Henry Wane, the present possessor of the said office of remembrancer, and all Vict. c. 20. and every person or persons claiming under him, shall be deemed and taken to until contrary have been lawfully entitled to the said office, until the contrary shall be shown to 18 proved, the satisfaction of the said court of Exchequer ; and the dividends or interest of the bank annuities to be purchased with such money, and also the capital of the said bank annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made to appear to the said court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such office of remembrancer, or to some part or share thereof, or to some estate or interest therein or charge thereon. " XVI. And be it enacted, that the Right Reverend Charles Thomas Lord Bishop of Bishop of Ripon, and the Bishop of Ripon for the time being, shall be a governor Ripon and of the bounty of Queen Anne for the augmentation of the maintenance of the poor f^ure new^ clergy ; and that in the event of the foundation of any new see or sees in England seeS) to be or Wales the bishop or bishops thereof for the time being shall be a governor or governors, governors of the said bounty. " XVII. And be it enacted, that between the first day of February and the first General meet- day of July in every year, on some convenient day and at some convenient place in mg of S°- the city of London or Westminster, to be respectively appointed for that purpose j^JJJ01^* be by the said governors of the bounty of Queen Anne, they the said governors shall hold an extraordinary general court or meeting for the despatch of the business of the said governors, and that at least fourteen days' previous notice of the time and place of such general court or meeting shall be yearly given in the London Gazette. " XVIII. And be it enacted, that the said governors of the bounty of Queen Account to be Anne shall, in the month of November in every year, make out in writing a return ual1^ laid of all their receipts and disbursements during the preceding year ending on the majgrsty ^n thirty-first day of December then last past, and of all sums of money which at the council and time of making such account or return shall appear to be due or in arrear from both houses of any person or persons whomsoever for or in respect of first-fruits and tenths parliament, respectively, and shall present such account or return to her majesty in council; and that the same or copies thereof shall, at the commencement of the ensuing session, be laid before both houses of parliament ; and shall cause a duplicate of each such account or return to be deposited, o.i or before the first day of December in every year, at the office of the secretary of the said governors for the time being, who shall keep and preserve the same respectively at his said office ; and all persons whatsoever may at all seasonable times have access thereto, and be fur- nished by the said secretary with copies or extracts thereof or of such part or parts thereof as they shall require, stamped with the common seal of the said governors, on giving reasonable notice to the said secretary, and on payment of two shillings and sixpence for such inspection, and after the rate of three-pence for every seventy-two words contained in such copy or extract ; and all copies of or extracts from any of the said duplicates of the said accounts or returns, purporting to be stamped with the common seal of the said governors, shall be received in evidence in all courts and before all judges whatsoever without any further proof thereof. " XIX. And be it enacted, that it shall be lawful for her majesty and her sue- Governors cessors, under her or their royal sign manual, from time to time as there shall be empowered to occasion, and at the recommendation of the said governors of the bounty of Queen make rules aild Anne, to make rules, orders, regulations, and arrangements for the better collect- orderS- ing, receiving, and enforcing the payment of the said first-fruits and tenths, and accounting for the same, and for prescribing or regulating the duties of the said treasurer for the time being with respect to the said first-fruits and tenths, and his receipt, disposition, and accounting for the same, and the number, duties, and employment of the clerks or other persons to be employed therein under the direc- tion of such treasurer or otherwise, and for the remuneration of the said treasurer, clerks, and other persons respectively, for the duties performed by him and them respectively in the matters aforesaid, either by a fixed salary or salaries, or by the appropriation to him or them respectively, for his or their own benefit, of all or 1822 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 Vict. c. 20. Deeds for purchases, &c. to be made in the following form. Deed for granting stipends, &c. to be in the following form. any of the fees hereinbefore directed to be paid to such treasurer for the time being, and for enforcing and carrying into more complete operation the objects and purposes of this act. " XX. And whereas it is expedient that the said governors of the bounty of Queen Anne should be empowered to adopt and use short forms of deeds in cases of purchases and grants by way of gift or benefaction of lands, tenements, and hereditaments, and annual stipends, rent-charges, or annuities, for the perpetual augmentation of small livings and cures ; be it therefore enacted, that all convey- ances and grants, either by way of purchase or by way of gift or of benefaction, of lands, tenements, and hereditaments hereafter to be made to or by the direction of the said governors and their successors, according to the rules and orders esta- blished for the regulation of the said bounty by letters patent under the great seal of Great Britain, and pursuant to the charter of incorporation of the said governors, and the several acts of parliament in that case made and provided for the perpetual augmentation of small livings and cures, may be made according to the following form, or as near thereto as the number of the parties and the circumstances of the case will admit : namely, " ' I, of in consideration of [state the consideration], do hereby grant and convey to the said governors, their successors and assigns, [or to the rector, vicar, curate, or incumbent of the rectory, vicarage, curacy, or cha- pelry of (as the case may be,) and his successors, by the direction of the said governors, (testified by their affixing their common seal to this deed,) all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all such estate, right, title, and interest in and to the same and every part thereof as I am or shall become seised or possessed of, to hold the said premises to the said governors, their successors and assigns, for ever, to be by them applied and disposed of [or to hold the said premises to the said rector, &c, as the case may be, and his successors, for ever,] for the augment- ation of the maintenance of the said rector, vicar, curate, or incumbent (as the case may be) of the rectory, vicarage, curacy, or chapelry of witness whereof, &c.' " And all such conveyances and grants shall be valid and effectual in the law to convey all the right, title, and interest of the grantors or grantor in the premises thereby conveyed or granted. " XXI. And be it enacted, that all deeds for the purpose of granting stipends, rent-charges, or annuities, to or by the direction of the said governors for the aug- mentation of small livings and cures, may be made according to the form following, or as near thereto as the number of the parties and the circumstances of the case will admit; viz., " < I, of in consideration of [state the consider- ation], do hereby give and grant unto the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, and their successors, [or to the rector, vicar, curate, or incumbent of the rectory, vicarage, curacy, &c, of , and his successors, by the direction of the said governors, testi- fied by their affixing their common seal to this grant,] the clear rent-charge or annual sum of to be issuing out of and charged upon all [describe the premises charged], to hold the said clear rent-charge or annual sum of free from all charges and deductions now payable or hereafter to be made payable, unto the said governors, their successors and assigns, to be by them applied to the perpetual augmentation of the maintenance of the rector, vicar, curate, or incum- bent (as the case may be,) of, &c, [or unto the rector, vicar, curate, or incumbent, of, &c, (as the case may be,) for the perpetual augmentation of the said rectory, vicarage, curacy, or benefice/] such clear rent-charge or annual sum to be paid yearly for ever, by four equal quarterly payments, on the days and times follow- ing? [specify the days and times and the place at which the payments are to be made,] the first payment to be made on such of the said days as shall first happen next after the date hereof. In witness whereof, &e.' 6 And every such gift and grant shall be valid and effectual in the law for the STATUTA VICTORIA. A.D. 1837-1844. 1823 purpose of securing the payment of such clear rent-charge or annual sum as shall be therein expressed to be granted, as far as the estate or interest of the grantors or grantor in the tenements and hereditaments thereby charged shall extend, and shall be construed and adjudged in all courts of judicature to authorize and empower the grantees or grantee therein named, and their respective successors and assigns, if such clear rent-charge or annual sum, or any part thereof, shall be in arrear for the space of twenty-eight days, to levy the same by distraining any goods upon the premises charged, and selling the distress, as in the case of rent reserved on common leases for years, and to repeat such distress and sale from time to time, whenever necessary, until such clear rent-charge or annual sum, and all arrears thereof, and any costs attending the nonpayment thereof, shall be fully discharged. " XXII. And be it enacted, that in all such conveyances and grants made for valuable consideration for the augmentation of any small living or cure, the word * grant' shall, where the grantors or grantor at the time of such conveyances or grants had or claimed to have a beneficial interest in the premises conveyed, granted, or charged, operate as and be construed and adjudged in all courts of judicature to be an express covenant to or with the grantees or grantee, their, or his successors and assigns, by or from the grantors or grantor, their, his, or her successors, heirs, executors, and administrators, that, notwithstanding any act of the said grantors or grantor or then- or any of their ancestors, to the con- trary, the said grantors or grantor were or was at the time of the execution of such conveyances or grants seised or possessed of, and had full power and authority to grant and convey or to charge, the lands or premises thereby granted or charged, for an indefeasible estate of inheritance in fee-simple, or otherwise for such estate or interest as therein expressed, free from all incumbrances, and that, notwith- standing any such act as aforesaid, the grantees or grantee, their or his successors and assigns, shall quietly enjoy such lands and premises, or such rent-charge, as the case may be, against all persons whomsoever claiming or to claim by, from, under, or in trust for such grantors or grantor, or by, from, under, or in trust for their or any of their ancestors, and be indemnified and saved harmless by the said g f ntors or grantor, their, his, or her successors, heirs, executors, and administra- tors, from all incumbrances whatsoever made or created by such grantors or grantor, or any of them, or their or any of their ancestors, and also for further assurance, at the expense of the grantees or grantee, their or his successors or assigns, of such lands and premises, or of such rent-charge, by the said grantors or grantor, and all persons claiming under them, him, or her, unless and except and so far as the same shall be restrained or limited by express particular words contained in such con- veyances and grants ; but where the said grantors or grantor, at the time of such conveyances or grants were or was bare trustees or a bare trustee only of the pre- mises thereby conveyed or granted, the word ' grant ' shall operate as and be con- strued and adjudged to be an express covenant with the grantees or grantee, their or his successors and assigns, by or from the grantors or grantor, their, his, or her heirs, executors, and administrators, that such grantors or grantor had done no act to incumber the premises thereby conveyed or granted ; and the grantees or grantee, their or his successors and assigns, shall and may in all actions to be brought assign breach or breaches of covenant as they might do in case such covenants were expressly inserted in such conveyances and grants. " XXIII. And be it enacted, that it shall and may be lawful to and for the said governors of the bounty of Queen Anne to cause and procure to be enrolled in her majesty's high court of Chancery all or any of such deeds as may be hereafter made or executed for the purpose of conveying, giving, granting, or annexing any lands, tenements, or hereditaments, or any stipend, rent-charge, or annual sum to or by the direction of the said governors or their successors for the augmentation of livings or cures as aforesaid ; and when any such deed or deeds shall have been so enrolled a copy of the enrolment thereof, certified by the proper officer having the custody of such enrolment to be a true copy of such enrolment, and examined with the said enrolment, shall be of the same force, effect, and validity to all intents and purposes as the original deed would be if the same were produced ; and Stat. 1 & 2 Vict. c. 20. Definition of the word " grant" in conveyances, &c. Governors of Queen Anne's bounty to cause deeds to be enrolled. 1824 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 Vict. c. 20. Powers of acts now in force respecting forms of deeds, &c. not to be affected. Act may be altered, &c. this session. that any rule or practice requiring deeds to be acknowledged before enrolment shall not apply to any deed by this act authorized to be enrolled in her majesty's high court of Chancery. " XXIV. Provided always, and be it enacted, that none of the provisions herein- before contained, empowering the said governors of the bounty of Queen Anne to adopt and use the forms of deeds hereinbefore mentioned, shall affect or interfere with any power or authority contained in any act or acts now in force authorizing the use of any other forms or form of deeds and conveyances, but that the forms of deeds and conveyances by any such acts or act authorized to be used may still be adopted and used as if this act had not been passed. " XXV. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." The Schedule referred to by this Act. FIRST-FRUITS OFFICE. Henry Warre, Esquire, Remembrancer. George Arbuthnot, Esquire, Receiver Mr. George Gunthorpe, senior sworn clerk. Mr. John Geesin, junior sworn clerk. Annual average amount of fees Payment from the court of Exchequer in lieu of cer- tain abolished fees Annual average amount of fees Under receiver's patent .... Annual average amount of fees £ s. d. 560 0 0 G3 0 0 262 14 2 20 0 0 £ s. d. 023 0 0 250 0 0 282 14 2 118 4 9 £1273 18 11 TENTHS OFFICE. The office of Receiver has lately become vacant by the death of Thomas Ve- nables, Esq., who had received Richard clerk.. Griffiths, senior William Bridges, clerk junior Salary Fees ... Salary Salary Besides the fees on notices, the amount of which is not stated. Office-keeper Rent of office, stationery, coals, and sundries £ s. d. 300 0 0 125 0 0 £ 8. d. 425 0 0 100 0 0 100 0 0 25 0 0 99 0 0 £749 0 0 Stat. 1 & 2 VII. Stat. 1 & 2 Victoria, cap. xxii. [Scotland.] A.D. 1838. 3wiiT"[sT ] An Act to explain and extend the Powers of the Trustees of Lad// (1 levorchfs Chapel and School in Edinburgh" STATUTA VICTORIA. A.D. 1837-1844. 1825 VIII. Stat. 1 & 2 Victoria, c. 23(1). A.D. 1838. "An Act to amend the Law for providing jit Houses for the Beneficed Clergy" " Whereas for further promoting the residence of the clergy it is expedient and desirable that the powers and provisions given and made by an act passed in the seventeenth year of the reign of King George the Third, intituled 'An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for the Use of their Benefices,' as the same are explained and amended by an act passed in the twenty-first year of the same reign, intituled, * An Act to explain and amend an Act made in the seven- teenth year of the Reign of His present Majesty, intituled, An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses and other necessary Buildings and Tenements for the Use of their Benefices,' should be extended : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same, that from and immediately after the passing of this act it shall be lawful for the incumbent of any benefice to borrow and take up at interest for the purposes of the said acts, and also for the purpose of buying or procuring, if necessary, a proper site for a house and other necessary buildings, or for the purposes of the said acts only, any sum or sums of money not exceeding three years' net income of such benefice, and to take all such proceedings as are required in and by the said acts (so far as the same are appli- cable for that purpose), and, as a security for the Jmoney so to be borrowed, to mortgage the glebe, tithe, rent-charges, rents, and other profits and emoluments belonging to such benefice, to such person or persons, corporation or corporations aggregate or sole, as shall lend the same money, by one or more deed or deeds, for the term of thirty-five years, or until the money so to be borrowed, with interest for the same, and such costs and charges as may attend the recovery thereof, shall be fully paid and satisfied, according to the terms and conditions of the said acts (so far as the same are applicable, and not hereby repealed or altered) : and that from and after the expiration of the first year of the said term (in which year no part of the principal sum borrowed shall be payable) the incumbent shall yearly and every year (such year to be computed from the day of the date of the mort- gage) pay to the mortgagee one thirtieth part of the said principal sum, until the whole thereof shall be repaid, and shall at the end of the first and each succeeding year pay the yearly interest on the said principal sum, or on so much thereof as shall from time to time remain unpaid, in each case according to the terms and conditions of the said acts, except so far as the same are hereby repealed or altered ; and such mortgage deed or deeds shall be made as nearly as may be in the form or to the effect of the form contained in the schedule to the said acts or one of them, and shall bind every succeeding incumbent of such benefice until the prin- cipal and interest, costs and charges, shall be paid off and discharged, as fully and effectually as if such successor had made and executed the same. " II. And be it enacted, that so much of the said acts as requires the incum- bent of a benefice mortgaged under the provisions thereof, if non-resident, to pay ten pounds per centum per annum of the money originally advanced, and obliges an incumbent paying five pounds per centum per annum to produce a certificate of residence, shall be and the same are hereby repealed as to all mortgages to be made after the passing of this act. " III. And be it enacted, that for the future, as to every mortgage which has been made to the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, by any bishop, under the powers of an act of parliament specially enabling him, whereby a greater yearly instalment than one thirtieth part of the principal sum is stipulated to be paid, or by the incumbent of (1) Amended by Stat. 1 & 2 Vict. c. 29 ; and Stat. 2 & 3 Vict. c. 49, ss. 14 & 17. 0 A Stat. 1 Sc 2 Vict. c. 23. .7Gco.3,c.53. 2lGeo.3,c.66. Extension of the provisions of recited acts relating to the repairing and building of houses of residence. Repeal of so much as re- quires non-re- sidents to pay 10/. per cent, per annum of sum borrowed, &c. The yearly instalments of principal sums secured by existing mort- gages to the J 820 STATUTA VICTORIA. A.D. 1887—1844. Stat. 1 & 2 Vict. c. 23. governors of Queen Anne's bounty re- duced. Governors of Queen Anne's bounty may advance 100/. for benefices not exceeding 50/. a year without interest. Colleges, &c. may advance money interest free to bene- fices in their patronage for nouses. Old benefice houses in cer- tain cases may be converted into farming huildings for the tenants of the glebe. a benefice, by virtue of the two beforementioned acts, the instalment of the prin- cipal sum to be paid in every year to the said governors or their assigns by such bishop or by the incumbent, (whether such incumbent shall have been resi- dent for the space of twenty weeks in the year for which such instalment shall be payable, or not, and without the production of any certificate of such residence,) shall be one thirtieth part of the principal sum originally advanced on such mortgage, in lieu of the yearly instalment thereby stipulated to be paid, until the whole of the said principal sum shall be fully discharged and paid, such substi- tuted yearly instalment to commence and be paid in each case on the day when the next yearly instalment by virtue of the said mortgage shall become due ; and the mortgages made to the said governors of the estates of any bishopric, or of the glebe, tithes, rents, and other profits and emoluments of any benefice, shall in every case be and remain in force as a security for the yearly instalments of the principal by the said mortgages agreed to be paid, as well as for the payment of the interest arising on such mortgages, and with all the powers and remedies for enforcing the same given by the said respective acts, until the money borrowed and all interest for the same, and also all costs and charges which shall be occa- sioned by the nonpayment thereof, shall be fuliy paid and discharged, in like manner as if such substituted yearly instalments had been expressly mentioned in and secured by the said mortgages, the expiration of the term of years granted by the said mortgages, or any other cause or matter whatsoever, notwithstanding. " IV. And be it further enacted, that it shall be lawful for the said governors to advance and lend any sum or sums of money not exceeding the sum of one hun- dred pounds in respect of each benefice, out of the money which has arisen or shall from time to time arise from the said bounty for promoting and assisting the seve- ral purposes of the said acts and of this act, with respect to any such benefices as shall not exceed the clear annual improved value of fifty pounds, and such mort- gage and security shall be made for the repayment of the principal sums so to be advanced as are hereinbefore mentioned, but no interest shall be paid for the same ; and in cases where the annual value of such benefice shall exceed the sum of fifty pounds, that it shall and may be lawful for the said governors to advance and lend for the same purposes any sum or sums of money to the extent authorized by this act to be borrowed, upon such mortgage and security as aforesaid, and subject to the several regulations of this act, and to receive interest for the same not exceed- ing four pounds for one hundred pounds by the year. " V. And be it enacted, that it shall be lawful for any college or hall within the universities of Oxford or Cambridge, or for any other corporate bodies possessed of the patronage of ecclesiastical benefices, to advance and lend any sum or sums of money of which they have the power of disposing, in order to aid and assist the several purposes of this act, for the building, rebuilding, repairing, or purchasing of any houses or buildings for the habitation or convenience of the clergy, or sites for such houses and 'buildings, upon benefices in the patronage of such colleges or halls respectively, upon the mortgage and security directed by this act for the repayment of the principal, without taking any interest for the same. "VI. And be it enacted, that when it shall happen that any existing house and offices belonging to any benefice shall be unfit for the residence of the incum- bent thereof, and shall be incapable of being enlarged or repaired so as to be ren- dered fit for his residence, and it shall be so certified to the bishop of the diocese wherein such benefice shall be situate by some competent surveyor or architect, and that it will be advantageous to the benefice that such house and offices should be suffered to remain, it shall be lawful for such incumbent, with the consent in wiiting of such bishop, (such consent to be registered in the registry of such bishop,) to allow such house and offices to remain standing as a dwelling house and offices, or to convert the same into farming buildings for the use and occupa- tion of the occupier or occupiers of the glebe lands belonging to such benefice ; and from and after the complete erection or the purchase of a new house and offices to the satisfaction of the bishop of the diocese, such old house and offices shall from thenceforth be used for and converted to the purposes aforesaid ; and A STATUTA VICTORIA. A.D. 1837-1844. 1827 the house and offices to he so erected or purchased shall from thenceforth to all Stat. 1 & 2 intents and purposes he deemed and taken to he the residence house of and for ^ ict. c. 23. such benefice, without the necessity of obtaining any licence or faculty for that purpose. " VII. (1) And be it enacted, that where the residence house, gardens, orchard, Power to in- arid appurtenances belonging to any benefice shall be inconveni ently situate, or for cumbent (with other good and sufficient reasons it shall be thought advisable to sell and dispose pat*on anj thereof, it shall and may be lawful for the incumbent of such benefice, and he is ordinary and hereby authorized and empowered, with the consent and approbation of the ordi- archbishop) to rary and patron thereof, and of the archbishop of the province, to be signified by sell jiouse ot their executing the deed of conveyance hereby authorized to be made, absolutely jnconven}entiy to sell and dispose of such house, gardens, orchard, and appurtenances, any or situated, or either of them, with any land contiguous thereto not exceeding acres, to under special any person or persons whomsoever, either altogether or in parcels, and for such circumstances, sum or sums of money as to such ordinary and patron and archbishop shall appear fair and reasonable, and upon payment of the purchase money for the same as hereinafter mentioned by deed indented to convey and assure such house, gardens, orchard, land, and appurtenances unto and to the use of the purchaser or pur- chasers thereof, his or their heirs or assigns, or as he or they shall direct or appoint. "VIII. And be it enacted, that the monies to arise from such sale or sales as Purchase mo- aforesaid shall be paid to the said governors of the bounty of Queen Anne ; and "ies to be paid that the receipt or receipts of the treasurer for the time being of the said governors to the S°~e shall be and be deemed and taken to be an effectual discharge to the person or per- Que-r^Anne's sons paying such monies, or for so much thereof as in such receipt or receipts shall bounty ; he expressed ; and after obtaining such receipt or receipts such purchaser or pur- chasers shall be absolutely discharged from the money for which such receipt or receipts shall be given, and shall not be answerable or accountable for the loss, mis- application, or nonapplication of such monies or any part thereof. " IX. And be it enacted, that the monies to arise from such sale or sales as to be applied aforesaid shall, after payment of all costs, charges, and expenses of such sale or to buy or build sales, be applied and disposed of by the said governors in or towards the erection ? house for, or purchase of some other house and offices, or the purchase of an orchard, garden, rS^cT S and appurtenances, or land for the site of a house, any or either of them, together with land contiguous thereto, and not exceeding twelve acres, suitable for the resi- dence and occupation of the incumbent of such benefice, and approved of by the said ordinary and patron, such approval to be signified under the respective hands of such ordinary and patron, and to be deposited in the registry of such ordinary ; and such house shall from thenceforth be deemed and taken to be the house of resi- dence of such benefice for all purposes whatsoever. " X. And be it enacted, that in any case in which the consent of the patron of How consent of any tenefice shall be required to the exercise of any power given by this act, and patron to be the patronage of such benefice shall be in the crown, the consent of the crown to testified when the exercise of such power shall be testified in the manner hereinafter mentioned ; ^r°nage 111 (that is to say,) if such benefice shall be above the yearly value of twenty pounds in the Queen's Books, the instrument by which the power shall be exercised shall be executed by the lord high treasurer or first lord commissioner of the Treasury for the time being ; and if such benefice shall not exceed the yearly value of twenty pounds in the Queen's Books, such instrument shall be executed by the lord high chancellor, lord keeper or lords commissioners of the great seal for the time being ; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, such instrument shall be executed by the chan- cellor of the said duchy for the time being ; and the execution of such instrument by such person or persons shall be deemed and taken for the purposes of this act to be an execution by the patron of the benefice. " XI. And be it enacted, that in any case in which the consent of the patron How consent of any benefice shall be required to the exercise of any power given by the said to be &iven (I) Vide Stat. 1 & 2 Vict. c. 20. • G A 2 1828 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 23. when patron- age is attached to the duchy of Cornmall. How consent to be given where patron is an inca- pacitated person. Remaining powers of recited acts extended to this act. In case of a purchase, the powers of act 7 Geo. 4, c. 66, to apply. Sequestrations under Act 17 Geo. 3, c. 53, to have pri- ority. Construction of "benefice" in this act. acts or by this act, and the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the consent of the patron of such benefice to the exercise of such power shall be testified in the manner herein- after mentioned, (that is to say,) the instrument by which the power shall be exercised shall be executed by the Duke of Cornwall for the time being, if of full age ; but if such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by the same person or persons who is or are by the said acts authorized to testify the consent of the crown to the exercise of any power given thereby in respect of any benefice in the patronage of the crown ; and the execution of such instrument by such person or persons shall be deemed and taken for the purposes of the said acts and of this act, to be an execution by the patron of the benefice. " XII. And be it enacted, that in any case in which the consent of the patron of any benefice shall be required to the exercise of any power given by this act, and the patron of such benefice shall be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian or guardians, committee or committees, or hus- band of such patron, (but in case of a feme covert with her consent in writing,) to execute the instrument by which such power shall be exercised in testimony of the consent of such patron ; and such execution shall for the purposes of this act be deemed and taken to be an execution by the patron of the benefice. " XIII. And be it enacted, that all powers, authorities, provisions, forms, and matters, in the said acts contained, shall, except as is herein otherwise directed, extend and be applicable, mutatis mutandis, to all mortgages and other instruments made, as well under and for the purposes of this act, as of the before-mentioned acts, and as if the same had been respectively repeated and set forth herein. " XIV. And be it enacted, that in the case of a purchase as aforesaid the several powers and provisions contained in an act made and passed in the seventh year of the reign of his majesty King George the Fourth, intituled, ' An Act to render more effectual the several Acts now in force to promote the Residence of the Paro- chial Clergy, by making Provision for purchasing Houses and other necessary Buildings for the Use of their Benefices,' shall be and the same are hereby extended to this act for the purposes aforesaid. " XV. And be it enacted, that' every sequestration to be issued under the pro- visions of the said act of the seventeenth year of the reign of King George the Third shall have priority, and the sums to be thereby recovered shall be paid and satisfied in preference to all other sequestrations and the sums to be thereby recovered, except such sequestrations as shall be founded on judgments duly signed and docketed before the passing of this act. " XVI. And be it further enacted, that in the construction of this act the word ' benefice ' shall be deemed, construed, and taken, to extend to and comprise all rectories with cure of souls, vicarages, perpetual curacies, and chapelries, the incumbents of which respectively in right thereof shall be corporations sole." Stat. 1 & 2 Vict. cap. xxv. IX. Stat. 1 & 2 Victoria, cap. xxv. A.D. 1838. 'An Act to enable the Governors of the Possessions, Revenues, and Goods of the Free Grammar School of King Edward the Sixth in Macclesfield, in the County of Chester, to establish a second School, to be called ' The Modern Free School in Macclesfield, in the County of Chester? and for other Purposes." Stat. 1 & 2 Vict, c, 28. riR.] Bakers not to bake bread or X. Stat. 1 8c 2 Victoria, c. 28. [Ireland.] A.D. 1838. ''An Act to repeal the several Acts now in force relating to Bread to be sold in Ireland, and to provide other Regulations for the making and sale of Bread, and for preventing the Adulteration of Meal, Flour, and Bread, in that part of the United Kingdom called Ireland." " XIII. Provided always, and be it enacted, that no master or mistress, jour- neyman or other person respectively exercising the trade or calling of a baker in STATUTA VICTORIA. A.D. 1337—1844. 1829 Ireland shall, on the Lord's day, or on any part thereof, make or bake any bread, rolls, or cake of any sort or kind, or shall on any other part of the said day than between the hours of nine of the clock in the forenoon and one of the clock in the afternoon, on any pretence whatsoever, sell or expose for sale, or permit or suffer to be sold, delivered, or exposed for sale, any bread, rolls, or cakes of any sort or kind, or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, except as hereinafter is excepted, or in any other manner exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge' to prepare the bread or dough for the follow- ing day ; and every person offending against the last-mentioned regulations, or any one or more of them, and being thereof convicted before any justice of the peace of the city, county, or place where the offence shall be committed within ten days from the commission thereof, either upon the view of such justice or on confession by the party, or proof by one or more credible witness or witnesses upon oath or affirmation, shall for every such offence pay and undergo the forfeiture, penalty, and punishment hereinafter mentioned; (that is to say,) for the first offence the penalty of ten shillings, for the second offence the penalty of twenty shillings, and for the third and every subsequent offence respectively the penalty of forty shil- lings ; and shall moreover upon every such conviction bear and pay the costs and expenses of the prosecution, such costs and expenses to be assessed, settled, and ascertained by the justice convicting, and the amount thereof, together with such part of the penalty as such justice shall think proper to be allowed to the prose- cutor or presecutors for loss of time in instituting and following up the prosecu- tion at a rate not exceeding three shillings per diem, and to be paid to the prosecutor or prosecutors for his, her, or their own use and benefit, and the residue of such penalty to be paid to such justice, and within seven days after his receipt thereof to be transferred by him to the use of the poor of the parish where the offence shall be committed ; and in case the whole amount of the penalty and of the costs and expenses aforesaid be not forthwith paid after conviction of the offender or offenders, such justice shall and may, by warrant under his hand and seal, direct the same to be raised and levied by distress and sale of the goods and chattels of the offender or offenders, and in default or insufficiency of such distress commit the offender or offenders to the house of correction, with or without hard labour, on a first offence for the space of seven days, on a second offence for a space of fourteen days, and on a third or any subsequent offence for the space of one month, unless the whole of the penalty, costs, and expenses be sooner paid and discharged : provided nevertheless, that it shall be lawful for every baker in Ireland to deliver to his or her customer or customers on the Lord's day any bakings, (that is to say,) baked dishes, meat, or puddings, (but not bread,) until half an hour past one of the clock in the afternoon of that day, without incurring or being liable to any of the penalties in this act contained." Stat. 1 & 2 Vict. c. 28. [I*.] rolls on the Lord's day, or sell bread or bake pies, &c. except between certain hours. Penalty. First offence. Second offence. Third and sub- sequent offences. Bakings may be delivered until half-past one on Sun- days. XL Stat. 1 & 2 Victoria, c. 29. A.D. 1838. Stat> j & 2 "An Act to supply an Omission in an Act passed in the present Session of Parlia- VlCT* c- 2y- ment, intituled. An Act to amend the Law for providing fit Houses for the Beneficed Clergy" " Whereas an act of parliament was passed in the present session of parliament, l Vict. c. 23. intituled, ' An Act to amend the Law for providing fit Houses for the beneficed Clergy :' and whereas the seventh section of the said act is in the words following ; (that is to say,) D 2 Stat. 1 & 2 Vict. c. 106. Appeal. Curate peace- ably to deliver up possession of house of residence with- in six months after notice, or pay 40s. per day. Curate not to quit curacy without three months notice to incumbent and bishop, under a penalty. Bishop may license curates employed with- out nomina- tion, revoke any licence, and remove the curate, subject to appeal to the archbishop. Bishop may appoint curates to all seques- tered bene- fices. Stipend of curate of sequestered benefice to be paid by seques- trator. 1876 STATUTA VICTORIA. A.D. 18.37—1844. Stat. 1 & 2 Vict. c. 106. Proviso for payment by- succeeding in- cumbent, where profits during seques- tration insuffi- cient. Licences to curates, and revocations thereof, to be entered in the registry of the diocese. Repeal of part of 6 & 7 Gul. 4, c. 77. Provision for benefices in certain Welsh dioceses. Provision for curates in " CI. Provided always, and be it enacted, that if the profits of such benefice which shall have come to the hands of such sequestrator during the vacancy thereof shall not be sufficient to pay such stipend, the same, or so much thereof as shall remain unpaid, shall be paid to such curate by the succeeding incumbent of such benefice out of the profits thereof ; and such bishop is hereby empowered and required, if necessary, to enforce payment of the same by monition, and by seques- tration of the profits of such benefice. " CII. And be it enacted, that every bishop who shall grant or revoke any licence to any curate under this act shall cause a copy of such licence or revocation to be entered in the registry of the diocese; and an alphabetical list of such licences and revocations shall be made out by the registrar of each diocese, and entered in a book, and kept for the inspection of all persons, upon payment of three shillings, and no more ; and a copy of every such licence and revocation shall be transmitted by the said registrar tc the churchwardens or chapelwardens of the parish, township, or place to which the same relates, within one month after the grant of such licence or revocation thereof, to be by them deposited in the parish chest : provided always, that every such registrar shall for every such copy transmitted to such churchwardens or chapelwardens as aforesaid be entitled to demand and receive from the incumbent of such benefice a fee of three shillings, and no more : provided also, that in case the archbishop shall, on appeal to him, annul the revocation of any such licence, the bishop by whom such revocation shall have been made shall, immediately on receiving notice from the archbishop that he had annulled the same, make such or the like order as is hereinbefore directed to be made on the revocation of a licence for non-residence being annulled, which order shall be binding on the registrar and churchwardens respectively to whom the same shall be addressed. "CIII. And whereas in many benefices in Wales and in the counties adjacent thereunto many of the inhabitants are imperfectly or not at all instructed in the English language, and it is expedient that persons to be hereafter instituted or licensed to such benefices, should possess an adequate knowledge of the Welsh language : and whereas in and by an act passed in the session of parliament holden in the sixth and seventh years of his late majesty's reign, intituled, 4 An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesi- astical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' the said commissioners were directed to prepare and lay before his then majesty in council a scheme for preventing the appointment of any clergyman not fully conversant with the Welsh language to certain benefices with cure of souls in Wales: and whereas it is expedient to repeal such enactment, and instead thereof to enact other provisions of more general and extensive aplication : be it therefore enacted, that the said enactment shall be and the same is hereby repealed. "CIV. And be it enacted, that within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint David's, it shall and may be lawful for the bishop, if he shall think fit, to refuse institution or licence to any spiritual person who after due examination and inquiry shall be found unable to preach, administer the sacraments, perform other pastoral duties, and converse in the Welsh language : provided always, that any such spiritual person may, within one month after such refusal, appeal to the Archbishop of Canterbury, who shall either confirm such refusal or direct the bishop to grant institution or licence, as shall seem to the said archbishop just and proper : provided also, that nothing herein-before con- tained shall be construed to affect or abridge any rights which the inhabitants of any benefice within the said four Welsh dioceses may at present by law possess of entering a caveat against or objecting in due course of law to the institution, colla- tion, or licence of any spiritual person, or of proceeding to procure the deprivation of any such person. " CV. And he it enacted, that all the provisions and powers of this act relating to the appointment of curates where the ecclesiastical duties are inadequately per- STATUTA VICTORIA. A.D. 1837—1844. 1877 formed shall within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint David's, extend and apply to cases wherein the bishop shall see reason to believe that the ecclesiastical duties of any benefice are not satisfactorily performed by reason of the insufficient instruction in the Welsh language of the spiritual person serving such benefice. " CVI. And be it enacted, that no spiritual person shall serve more than two benefices in one day unless in case of unforeseen and pressing emergency, in which case the spiritual person who shall so have served more than two benefices shall forthwith report the circumstance to the bishop of the diocese. "CVI1. And be it enacted, that all the powers, authorities, provisions, regu- lations, matters, and things in this act contained, in relation to bishops in their dioceses, shall extend and be construed to extend to the archbishops in the respec- tive dioceses of which they are bishops, and also in their own peculiar jurisdic- tions, as fully and effectually as if the archbishops were named with the bishops in every such case. "CVIII. And be it enacted, that every archbishop and bishop, within the limits of whose province or diocese respectively any benefice, exempt or peculiar, shall be locally situate, shall, except as herein otherwise provided, have, use, and exercise all the powers and authorities necessary for the due execution by them respectively of the provisions and purposes of this act, and for enforcing the same with regard thereto respectively, as such archbishop and bishop respectively would have used and exercised if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop ; and where any benefice, exempt or peculiar, shall be locally situate within the limits of more than one province or diocese, or where the same or any of them shall be locally situate between the limits of the two provinces, or between the limits of any two or more dioceses, the archbishop or bishop of the cathedral church to whose province or diocese the parish church of the same respectively shall be nearest in local situa- tion shall have, use, and exercise all the powers and authorities which are neces- sary for the due execution of the provisions of this act, and enforcing the same, with regard thereto respectively, as such archbishop or bishop could have used if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop respectively, and the same for all the pur- poses of this act shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop ; provided that the peculiars belonging to any archbishopric or bishopric, though locally situate in another diocese, shall con- tinue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesiastical jurisdiction. " CIX. And be it enacted, that in every case in which jurisdiction is given to the bishop of the diocese or to any archbishop, under the provisions of this act, and for the purposes thereof, and the enforcing the due execution of the provisions thereof, all other and concurrent jurisdiction in respect thereof shall, except as herein otherwise provided, wholly cease (1), and no other jurisdiction in relation brought concerning the stipend and the pay- ment thereof, and of the arrears thereof, touching which the disputes had arisen, within the meaning of the statute, not fur- ther specifying the subjects of dispute: — Mr. Justice Patteson observing, "Section 74 of Stat. 57 Geo. 3, c. 99, is quite general in its enactment, directing that, in every case in which jurisdiction is given to the bishop for enforcing the due execution of the act, all other jurisdiction in respect thereof shall cease. If, therefore, it be shewn suffi- ciently by the plea, that the bishop has ju- risdiction, the jurisdiction of this court is taken away. Then it is said that the plea here should have been in abatement. In 1 Tidd's Practice, (631, 9th ed.) it is laid down, that in transitory actions the defendant can- (1) Concurrent jurisdiction .... shall .... v)holly cease: — It was holden under Stat. 57 Geo. 3, c. 99, s. 74, (of which Stat. 1 & 2 Vict. c. 106, s. 109, is a re-enactment,) that the common law courts were entirely ousted of jurisdiction, in disputes touching any stipend appointed by the bishop to a curate, under that act, or the payment or arrears of such salary. Therefore, in assumpsit by a curate against a rector for such stipend, a plea founded on Stat. 57 Geo. 3, c. 99, was considered to have been properly pleaded in bar, and not in abatement. That a special plea, founded on that statute, was sufficient, if it alleged, that disputes had arisen and were depending, touching the stipend, and the payment thereof, and of the arrears thereof, and that the action was Stat. 1 & 2 Vict. c. 106. certain Welsh dioceses. No spiritual person to serve more than two benefices in one day. Provisions relating to bishops to apply to arch- bishops in their own dioceses. Power of arch bishops and bishops as to exempt or peculiar bene- fices, &c. Where juris- diction is given to bishop, &c. all concurrent jurisdiction to cease. 1878 STATL'TA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 106. Sequestrations under this act to have pri- ority. The mode of appealing to the archbishop of the pro- vince. Regulations respecting monitions and sequestrations. to tlie provisions of this act shall be used, exercised, or enforced, save and except such jurisdiction of the bishop and archbishop under this act ; anything in any act or acts of parliament, or law or laws, or usage or custom, to the contrary not- withstanding. " CX. And be it enacted, that every sequestration issued under the provisions of this act shall have priority, and the sums to be thereby recovered shall be paid and satisfied in preference to all other sequestrations, and the sums to be thereby recovered, except such sequestrations as shall be founded on judgments duly dock- eted before the passing of this act, and also except such sequestrations as shall have been issued before any sequestration under this act under the provisions of an act passed in the seventeenth year of the reign of King George the Third, for promoting the residence of the parochial clergy, and the monies to be recovered by such excepted sequestrations respectively. "CXI. And be it enacted, that all appeals under the provisions of this act to any archbishop shall be in writing signed by the party appealing ; and that in order to discourage frivolous appeals no proceeding shall be had in any such appeal until the appellant shall, if required, have given security in such form and to such amount as the archbishop shall direct of payment to the bishop of such costs as shall be awarded by the archbishop if he shall decide against the appellant ; and that after such security, if required, shall have been given, the said archbishop shall forthwith, either by himself or by some commissioner or commissioners appointed under his hand from among the other bishops of his province, make or cause to be made inquiry into the matter complained of, and shall after such inquiry, and in the latter case after a report in writing from his said commissioner or commissioners, give his decision in such appeal in writing under his hand ; and when he shall decide the merits of the appeal against the appellant he shall also award and direct whether any and what amount of costs shall be paid by the appel- lant to the bishop respondent ; and in like manner when he shall decide in favour of the appellant he shall also award and direct whether any and what amount of costs shall be paid by the bishop respondent to the appellant. u CXII. And be it enacted, that in all cases in which proceedings under this act are directed to be by monition and sequestration, such monition shall issue under the hand and seal of the bishop, and such monition, and any other instru- not plead to the jurisdiction unless the de- claration .-hew, that the cause of action ac- crued within a county palatine, and that, even then, the plea must aver either that the defendant dwells in the county, or that he had sufficient goods and chattels there by which he may be attached, otherwise the plea cannot be allowed, lest a failure of justice should ensue. I do not say whether that is too generally laid down or not. A similar doctrine is afterwards stated as to the claim of conusance (p. 632). Now, in the present case, the plea could not give any other juris- diction in which the plaintiff could have a remedy ; for, by the statute, no action at law lies any where. The defendant could not give the plaintiff a better writ. The only difficulty I felt as to the effect of sect. 74 arose from the words in sect. 53, that the bishop's licence ' shall be evidence of the amount of the salary so appointed to any curate in all courts of law or equity;' which seems to imply, that such a question might come before one of those courts. But that expression is not sufficient to take away the effect of sect. 74, if the facts bring the case within it. Then as to the averments in the plea. The non-residence is stated, merely to 6hew the authority of the bishop to ap- point a salary. It is then alleged, that diffe- rences and disputes arose, and are depending, between the plaintiff and defendant, touch- ing the stipend assigned in the licence, and the payment thereof, and of the arrears thereof, in the very words of sect. 53; clearly shewing the case to be one in which the bishop had jurisdiction: and then it is said that the action, so far as in the introductory part of the plea is mentioned, is brought touching and concerning the said stipend, and the payment and arrears thereof. There is, therefore, a pointed averment as to the bishop's jurisdiction over the subject-matter of this cause. Then it is said that the plea ought to shew, what the subjects of dispute were. But the effect of that statement would be directly to contravene the object of the legislature, and of the plea itself; inasmuch as, when the subjects of dispute were so placed on the record, they might be tra- versed, and so would be brought, at once, before another tribunal than that of the bishop, namely, a jury, or this court. A mere traverse of the fact, generally stated, that disputes had arisen, would not have that effect. At all events, the plea here follows the words of the act, and is suffi- cient." West (Clerk) v. Turner (Clerk), 6 A. & E. 614; vide etiam Rex v. Peter- borough (Bishop of), 3 B. & C. 48. STATUTA VICTORIA. A.D. 1837—1844. 1879 ment or notice issued in pursuance of the provisions of this act, and not otherwise specially provided for, shall be served personally upon the spiritual person therein named or to whom it shall be directed, by showing the original to him and leaving with him a true copy thereof, or, in case such spiritual person t cannot be found, by leaving a true copy thereof at his usual or last known place of residence, and by affixing another copy thereof upon the church door of the parish in which such place of residence shall be situate, and also, in the case of such monition, by leaving another copy thereof with the officiating minister or one of the churchwardens of the said parish, and also by affixing another copy thereof on the church door of the parish in which the benefice of such spiritual person shall be situate ; and such monition or other instrument, or notice as aforesaid shall, immediately after the service thereof, be returned into the consistorial court of such bishop, and be there filed, together with an affidavit of the time and manner in which the same shall have been served ; and thereupon, in case of such monition, it shall be competent to the party monished to show cause, by affidavit or otherwise, as the case may require, why a sequestration should not issue according to the tenor of such moni- tion ; and if such spiritual person shall not, within the time assigned by such moni- tion, show sufficient cause to the contrary, such sequestration shall issue under the seal of the consistorial court of such bishop, and shall be served and returned into the registry of such court in like manner as is hereinbefore directed with respect to monitions issued under the provisions of this act. " CXIII. Provided always, and be it enacted, that in any case of non-residence in which a monition shall have been served upon any spiritual person under the provisions of this act, requiring such spiritual person to reside on his benefice, no sequestration shall issue until an order requiring such spiritual person to proceed and reside upon such benefice within thirty days, as hereinbefore enacted, shall have been served upon him in the same manner as is hereinbefore directed as to the service of monitions. " CXIV. And be it enacted, that all penalties and forfeitures which shall be incurred under this act by any spiritual person holding a benefice shall and may be sued for and recovered in the court of the bishop of the diocese in which such benefice is situate, and by some person duly authorized for that purpose by such bishop by writing under his hand and seal, and in no other court, and by or at the instance of no other person whatever ; and that the payment of every such penalty or forfeiture, together with the reasonable expense incurred in recovering the same, shall and may be enforced by monition and sequestration ; and that it shall and may be lawful for such bishop, by any order made for that purpose in writing under his hand, and to be registered in the registry of the diocese, which the registrar is hereby required to do, to direct that every such penalty or forfeiture so recovered as aforesaid, and which shall not have been remitted in whole or in part, or so much thereof as shall not have been remitted, shall be applied towards the augmentation or improvement of such benefice or of the house of residence thereof, or of any of the buildings or appurtenances thereof. " CXV. And be it enacted, that all fees, charges, costs, and expenses incurred or directed to be paid by any spiritual person holding any benefice under the pro- visions of this act, which shall remain unpaid for the period of twenty-one days after demand thereof in writing delivered to or left at the usual or last place of abode of such spiritual person, may be recovered by monition and sequestration ; provided always, that it shall be lawful for the person or persons of whom any such fees, costs, charges, and expenses shall be so demanded to apply to the bishop of the diocese to order the taxation thereof, and such bishop shall thereupon order some proper person to tax and settle the same ; and the certificate of allowance, by the person so to be appointed, of such fees, costs, charges and expenses so to be taxed, shall be final. " CXVI. And be it enacted, that if the registrar of any diocese shall refuse or neglect to make any entry, or to do any other matter or thing prescribed by this act, he shall forfeit for every such refusal or neglect the sum of five pounds. " CXVII. And be it enacted, that all penalties and forfeitures under this act Stat. 1 & 2 Vict. c. 106. Sequestration not to issue after monition to reside, until service of order. Recovery of penalties against spiri- tual persons. Recovery of fees, &c. Penalty on registrar for neglect. Recovery of 1880 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 106. penalties a- gainst laymen or unbeneficed clergymen. Penalties not recoverable for more than one year. Application of penalties. Commence- ment and conclusion of the year. How months to be calcu- lated. Certified copy of entry of licence to be evidence. Statements, how to be verified. Definition of the term " cathedral preferment," and ' fice.' ; bene- Who to be considered patron. incurred by persons not spiritual, or by spiritual persons not holding benefices, shall be sued for and recovered by any person who shall sue for the same by action of debt in any of her majesty's courts of Record at Westminster. " CXVIII. And be it enacted, that no penalty shall be recovered against any spiritual person, under the provisions of this act, other or further than those which such spiritual person may have incurred subsequent to the first day of January, in the year immediately preceding the year in which such proceedings shall be commenced. " CXIX. And be it enacted, that all penalties recovered under the provisions of this act, the application of which is not specially directed thereby, shall be paid over to the treasurer of the governors of the bounty of Queen Anne, to be applied to the purposes of the said bounty. " CXX. And be it enacted, that for all the purposes of this act, except as herein otherwise provided, the year shall be deemed to commence on the first day of January, and be reckoned therefrom to the thirty-first day of December, both inclusive. " CXXI. And be it enacted, that for all the purposes of this act the months therein named shall be taken to be calendar months, except in any case in which any month or months are to be made up of different periods less than a month, and in every such case thirty days shall be deemed a month. " CXXII. And be it enacted, that in every case where by the provisions of this act the copy of any licence is required to be filed or entered in the registry of the diocese, a copy thereof, certified by the registrar, shall be admissible as evidence in all courts and places whatever. " CXXIII. And be it enacted, that when authority is given by this act to any archbishop or bishop to require any statement or facts to be verified by evidence, or to inquire or to cause inquiry to be made into any facts, such archbishop or bishop may require any such statement or any of such facts to be verified in such manner as the said archbishop or bishop shall see fit ; and that when any oath, affi- davit, or affirmation, or solemn declaration, is or may be by or in pursuance of the provisions of this act required to be made, such oath, affidavit, or affirmation, or solemn declaration, shall and may be made either before such archbishop or bishop, or the commissioner or commissioners, or one of them, of such archbishop or bishop respectively, or before some ecclesiastical judge or his surrogate, or before a justice of the peace, or before a master or master extraordinary in Chancery, who are hereby authorized and empowered in all and every of the cases aforesaid to administer such oath, affidavit, and affirmation, or to take such declaration, as the case may be. " CXXIV. And be it enacted, that in all cases where the term * cathedral preferment' is used in this act, it shall be construed to comprehend (unless it shall otherwise appear from the context) every deanery, archdeaconry, prebend, canonry, office of minor canon, priest vicar, or vicar choral, having any prebend or endow- ment belonging thereto, or belonging to any body corporate consisting of persons holding any such office, and also every precentorship, treasurership, sub-deanery, chancellorship of the church, and other dignity and office in any cathedral or colle- giate church, and every mastership, wardenship, and fellowship in any collegiate church ; and that in all cases where the term 4 benefice' is used in this act, the said term shall be understood and taken to mean benefice with cure of souls, and no other, (unless it shall otherwise appear from the context,) and therein to compre- hend all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapelries, and chapelries or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or chapel, anything in any other act to the contrary notwithstanding. " CXXV. (1) And be it enacted, that in every case in which the consent of, or the execution of any deed or deeds, instrument or instruments, by the patron ot any cathedral preferment, or of any benefice, sinecure rectory, or vicarage, or the (1) Vide Stat. 4 & 5 Vict. c. 39, s. 24, STATU T A VICTORIA. A.D. 1837—1344. 1881 owner or impropriator of any lands, tithes, tenements, or hereditaments, is required for carrying into effect any of the purposes of this act, and also in every case in which it may be necessary to give any notice to any such patron for any of the said purposes, the consent of execution by or notice to the patron or person entitled to make donation or present or nominate to such cathedral preferment, benefice, sinecure rectory, or vicarage, in case the same were then vacant, or the person or persons who shall be in the actual possession, receipt, or perception of the rents, proceeds, or profits of such lands, tithes, tenements, or hereditaments for an estate or interest not less than an estate for life, shall respectively be sufficient. " CXXVI.(l) And be it enacted, that in any case in which the consent of the patron of any benefice shall be required to the exercise of any power given by this act, or in which any notice shall be required by this act to be given to the patron of any benefice, and the patronage of such benefice shall be in the crown, the con- sent of the crown to the exercise of such power shall be testified, and such notice shall be given respectively in the manner hereinafter mentioned ; (that is to say,) if such benefice shall be above the yearly value of twenty pounds in the Queen's Books, the instrument by which the power shall be exercised shall be executed by and any such notice shall be given to the lord high treasurer or first lord commis- sioner of the Treasury for the time being ; and if such benefice shall not exceed the yearly value of twenty pounds in the Queen's Books, such instrument shall be executed by and any such notice shall be given to the lord high chancellor, lord keeper or lords commissioners of the great seal, for the time being ; and if such benefice shall be within the patronage of the crown in right of the duchy of Lan- caster, such instrument shall be executed by and any such notice shall be given to the chancellor of the said duchy for the time being ; and the execution of such instrument by and any such notice given to such person or persons shall be deemed and taken for the purposes of this act to be an execution by and a sufficient notice to the patron of the benefice. " CXXVII.(l) And be it enacted, that in any case in which the consent of the patron of any benefice shall be required to the exercise of any power given by this act, and the patron of such benefice shall be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian or guardians, committee or committees, or husband of such patron, (but in case of a feme covert with her consent in writing,) to execute the instrument by which such power shall be exercised in testimony of the consent of such patron ; and such execution shall for the pur- poses of this act be deemed and taken to be an execution by the patron of the benefice. " CXXVIII. (1) And be it enacted, that in any case in which the consent of the patron of any benefice shall be required to the exercise of any power given by this act, or in which any notice shall be required by this act to be given to the patron of any benefice, and the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the consent of the patron of such benefice to the exercise of such power shall be testified and such notice shall be given respectively in the manner hereinafter mentioned; (that is to say,) the instrument by which the power shall be exercised shall be executed by and any such notice shall be given to the Duke of Cornwall for the time being, if of full age, but if such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by and any such notice shall be given to the same person or persons who is or are by this act authorized to testify the consent of the crown to the exercise of any power given by this act in respect of any benefice in the patronage of the crown ; and the execution of such instrument by and any such notice given to such person or persons shall be deemed and taken for the purposes of this act to be an execution by and a sufficient notice to the patron of the benefice. "CXXIX. And be it enacted, that the distance between any two benefices for Stat. 1 & 2 Vict. c. 106. How consent of patron to be testified, where patron- age in the How where patron is an incapacitated person. How where patronage is attached to the duchy of Corn- wall. Distance, how (1) Vide Stat. 4 & 5 Vict. c. 39, s. 24. 1882 STATU! A VICTORIA. A.D. 1837— 1844. Stat. 1 & 2 Vict. c. 106. to be com- puted. Population, how to be computed. Tabids of fees to be taken by officers with respect to admissions to benefices, by whom to be established. Act not to affect powers of bishops. Act not to extend to Ireland. the purposes of this act shall be computed from the church of the one to the church of the other by the nearest road or footpath, or by an accustomed ferry ; and if on one of the said benefices there be two or more churches, then the distance shall be computed from or to the nearest of such churches, as the case may be ; or if on one of such benefices there be no church, then in such manner as shall be directed by the bishop of the diocese in which the benefice proposed to be taken and held by any spiritual person in addition to one already held by him shall be locally situate. " CXXX. And be it enacted, that whenever the population of any place shall be required by this act to be ascertained, the same shall be taken from the latest returns of population made under any act of parliament for that purpose at the time when the question shall arise, if such returns shall apply to the place respecting which the question shall be, but if such place shall only form part of a parish or district named in such returns, then such returns shall be taken to represent truly the population of the parish or district named therein, and from them the popula- tion of the place required shall be computed, according to the best evidence of which the subject shall be capable. "CXXXI. And be it enacted, that the Archbishop of Canterbury, the lord high chancellor, and the Archbishop of York, with the assistance of the vicars- general of the said two archbishops, and of one of the masters of the high court of Chancery, to be selected for that purpose by the lord high chancellor, shall ordain and establish tables of fees, and shall have power from time to time to amend or alter such tables of fees, to be taken in respect of donation, presentation, nomina- tion, collation, institution, installation, induction, or licence, or any instrument, matter, or thing connected with the admission of any spiritual person to any cathe- dral preferment or any benefice throughout England and Wales, by any officer, secretary, clerk, or minister to whom belong the duties of preparing, sealing, trans- acting, or doing any of such instruments, matters, and things ; and before the fees contained in such tables or such amended tables shall be demanded, taken, or received by any of the said persons, such tables or amended tables shall be sub- mitted to her majesty's privy council, who may disallow the same or any part thereof ; and notice shall be given in the London Gazette of such submission to the privy council ; and if within the space of three months from the time of giving such notice the same shall not be disallowed, such fees, or such parts thereof as shall not be disallowed, shall from and after the expiration of the said three months be deemed and taken to be lawful fees, and thenceforward such fees, and none others, save only such as may be altered or subsequently ordained, as before pro- vided, shall be demanded, taken, or received by any of such officers, secretaries, clerks, or ministers respectively, under any colour or pretence whatsoever : pro- vided always, that the said persons shall not ordain or establish any fees exceeding the fee which for the twenty years next preceding the passing of this act shall have been usually taken for or in respect of the same instrument, matter, or thing in case of admission to any cathedral preferment or any benefice within the diocese of London : provided also, that the said persons shall have power to ordain gra- duated scales of fees in respect of benefices below the yearly value of five hundred pounds. "CXXXII. And be it enacted, that nothing in this act contained shall be deemed, construed, or taken to derogate from, diminish, prejudice, alter, or affect, otherwise than is expressly provided, any powers, authorities, rights, or jurisdiction already vested in or belonging to any archbishop or bishop under or by virtue of any statute, canon, usage, or otherwise howsoever. " CXXXIII. And Ye it enacted, that no provision in this act contained shall extend or be construed to extend to that part of the United Kingdom called Ireland." STATUTA VICTORIA. A.D. 1337—1344. 1883 . St j^-p \ ,5c 2 "The First Schedule referred to in the foregoing Act. Vict' c 106. u Questions to be annually transmitted by each Bishop to every Spiritual Person holding any Benefice within his Diocese or Jurisdiction. " 1. What is the name of your benefice? " 2 . In what county ? s< 3. Name of incumbent, and date of admission ? u 4. Is there a glebe house belonging to your benefice ? "5. Were you resident in the glebe house, or, there being no glebe house, or none fit for your residence, were you resident in any and what house appointed by the bishop in his licence, during the last year, for the term prescribed by law? "6. Being non-resident, were you performing the duties of your parish for the said time ? If so, state where you resided, and at what distance from the church or chapel. "7. Were you in the last year serving any other church or chapel in the neighbourhood as incumbent ? If so, state the name thereof, and the distance from the above-named church or chapel ; and when and for how long you served the same? " 8. Were you serving any other church or chapel in the neighbourhood as curate ? If so, state the name thereof, and the distance from your own church or chapel ; and when and for how long you served the same. " 9. What are the services in your church ? Is a sermon or lecture given at every or which of such services ? " 10. Were these services duly performed last year? If not, for what reason? "11. What are the services in your chapel or chapels, if any ? Is a sermon or lecture given at every or which of such services? "12. Were these services duly performed last year? If not, for what reason ? " 13. Have you any assistant curate or curates? If so, state his or their names ; also whether he or they is or are licensed, and the amount of his or their stipend or respective stipends. "'14. If you were non-resident, were you so by licence? "15. If non-resident by licence, state the ground of licence, and the time when it will expire. " 16. If non-resident without licence, were you so by exemption? "17. If non-resident by exemption, state the ground of exemption, and whether such exemption was claimed for the whole year, or during what part thereof. " 18. If you were non-resident, and did not perform the duties of your benefice, what ecclesiastical duties, if any, were you performing, and where do you now reside ? " Observe. The foregoing questions are to be answered by every incumbent, whether resident or not. "Further Questions to be answered, in addition to the foregoing, in case the Incumbent be non-resident. " 19. What is the name of your curate? " 20. Does he reside in the glebe house? "21. Does he pay any and what rent or consideration for the use of the glebe house ; or is any deduction made on account thereof from the stipend assigned to him in his licence ? " 22. If not resident in the glebe house, does he reside in the parish ? " 23. If not resident in the parish, where does he re^e, and at what distance from your church or chapel ? " 24. Does he serve any other church or chapel as incumbent ? If so, state the name thereof, and the distance from your own church or chapel. " 25. Does he serve any other church or chapel as curate ? If so, state the name thereof and the distance from your own church or chapel. "26. Is he licensed? " 27. What is his salary from you ? 1884 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 «28. Has he from you any other allowances or emoluments 1 State what and Vict. c. 106. ^Q aVerage value thereof respectively. " 29. What is the gross and what is the net annual value of your benefice % "N.B. All the questions have reference to the year immediately preceding that in which they are transmitted. "The Second Schedule referred to in the foregoing Act. "Form of the Mortgage. " This indenture, made the day of in the year of our Lord between the right reverend father in God lord bishop of of the one part, and of the other part : whereas the said bishop, pursuant to the directions of an act passed in the second year of the reign of her majesty Queen Victoria, intituled, ' An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy,' hath determined to levy and raise the sum of pounds, to be laid out and expended in building, rebuilding, or repairing, [as the case may be,~] the parsonage house and other necessary offices upon the glebe belonging to the rectory, vicarage, §c. of [describing it], [or, in purchasing a house and land for the residence and occupation of the incumbent of the rectory, 72 ' to a£ply tions aggregate or sole, and to the persons and parties and for the purposes in the H^thl * * said act specified, shall extend to any surrender or agreement for such purposes, surrenderence whether the same be made to or in favour of or entered into with or by any lay or De lav or spiritual person or persons, or corporation aggregate or sole ; provided that such sPirituaL surrender or agreement be sanctioned by the said commissioners under their com- mon seal, and by the bishop of the diocese under his band and seal. "XVI. And whereas it may be expedient in certain cases that a church or Commission- chapel should be constituted the parish church of the parish in which the same is ers, with con- situate, in the stead of the ancient parish church, and that such ancient parish sent of bishoP> church should thenceforth become a district church or chapel of ease in such %Z ScTc? parish; be it therefore enacted, that it shall be lawful for the said commissioners, chapel the with the consent in writing of the bishop of the diocese and of the patron of the parish church said parish church, and with the consent also of the vestry or persons possessing of any parish the power of vestry, to order and direct, by instrument under their common seal, churcha d[s that any church or chapel in any parish shall become and be and remain the trict church "or parish church of such parish, in the stead of the ancient parish church ; and the chapel of ease. li E 2 1892 STATUTA VICTORIA. A.D. 1837— 1H44. Stat. 1 & 2 Vict. c. 107. Incumbent of former parish church to be incumbent of the new parish church. said church or chapel so constituted the parish church shall thenceforth become and be and remain, and be taken in law to be, the parish church of such parish, as fully and effectually, for all purposes, and in relation to all rights, emolument?, endowments, dues, privileges, and all other matters and things, civil or ecclesias- tical, theretofore belonging to the parish church, or patron or lay impropriator ( if any thereof), as if the same had been always the parish church of such parish ; and the said commissioners are hereby empowered to authorize and direct the transfer of the endowments, emoluments, or rights of or belonging to the old and existing church of such parish, or to the incumbent for the time being thereof, to any such church or chapel so made and constituted the parish church as aforesaid, and to the incumbent thereof for the time being, and his successors; and it shall be lawful in every such case for any trustees of any such ancient church as aforesaid, or of any rights, emoluments, and endowments of or belonging to any such church, or to the incumbent thereof for the time being, and they are hereby required, (and indemnified for so doing,) to transfer all such rights, emoluments, and endowments, according to the direction of the said commissioners, to such church or chapel so constituted the parish church as aforesaid, or to the incumbent thereof; and immediately from and after any such transfer as aforesaid all tithes or commutations for tithes, moduses or other compositions for tithes, and all emoluments, dues, fees, offerings, oblations, and other profits and advantages, and all messuages, glebe and other lands, tenements, or hereditaments, rents, sums of money, or real or personal chattels whatsoever, and all rights and privileges what- soever and wheresoever, wherewith any such ancient church may be endowed, or to which the minister thereof then is or at any time theretofore was or ought to be entitled, shall severally and respectively become and be vested in the minister for the time being of the said church or chapel so made the parish church as aforesaid, and his successors for ever, in as full and ample a manner as the minister of the ancient church might or could have received and enjoyed the same in case such substitution or transfer had not been made ; and every such instrument of substi- tution and transfer shall be registered in the registry of the diocese, and enrolled in the high court of Chancery ; and all acts of parliament, laws, and customs relating to the publishing banns of marriage, and celebration of marriages, christenings, churchings, and burials, and to all ecclesiastical fees, oblations, and offerings, shall apply to every such church or chapel so constituted the parish church as afore- said, in like manner in every respect as to the former parish church of the said parish ; and such former parish church shall from such time be and be deemed to be a district church or a chapel with or without a district, as the said coinmis- missioners shall in such case direct : provided always, that no such instrument of substitution or transfer shall take effect till after the first avoidance of such ancient parish church, unless with the consent in writing of the actual incumbent thereof, in which case such incumbent shall be and is hereby declared to be to all intents and purposes the rector, vicar, or perpetual curate, as the case may be, of the church or chapel so constituted the parish church, instead of rector, vicar, or perpetual curate of the former parish church, without any presentation, institu- tion, induction, collation, or other form of law being had, observed, or required : provided also, that the chancel (if any) of such former parish church shall con- tinue to be repaired in such manner and by the same person or persons as are now by law or custom liable to the repairs thereof. " XVII. And be it further enacted, that the incumbent of such parish next succeeding after such substitution and transfer as aforesaid shall be and is hereby declared to be the rector, vicar, or perpetual curate, as the case may be, of such church so made the parish church as aforesaid; and that the person or persons who for the time being would have had a right of presenting, nominating, or appointing the incumbent to the former parish church, in case such transfer and substitution as aforesaid had not been made, shall thenceforth, in lieu thereof, when any vacancy occurs, have such and the like right of presenting, nominating, or appointing the incumbents of the church so made the parish church as afore- said, as he, she, or they respectively would have had with respect to the former parish church. STATUTA VICTORLE. A.D. 1837—1844. 1893 " XVIII. And be it further enacted, that it shall be lawful for her majesty's Stat. 1 & 2 said commissioners, with the consent in writing of the bishop of the diocese, to Vict. c. 107. make such provision under their common seal for the maintenance of the minister Commissioners and clerk of the respective churches as aforesaid, out of the pew rents of either ™yJ£?^ of such churches, as to her majesty's said commissioners shall seem expedient: of such'~ provided always, that nothing in this act contained shall affect the rights of churches out persons holding pews free of rent by faculty or prescription in any such former of the pew parish church. Saving of " XIX. And be it further enacted, that this act shall extend only to that part rights=of pew. of the United Kingdom called England and Wales, and to the isle of Man, and to owners, the islands of Guernsey, Jersey, Alderney, and Sark." This act to extend only to England and Wales, isle of Man, &c. XXVIII. Stat. 1 & 2 Victoria, c. 108(1). A.D. 1838. Stat. 1 & 2 Vict. c. IUo. "An Act for suspending, until the first day of August, One thousand eight hundred and thirty-nine, and to the end of the then Session of Parliament, the Ap- pointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories" "Whereas an act was passed in the seventh year of the reign of his late 6 & 7 Gul. 4, majesty, intituled, < An Act for suspending for one year Appointments to certain c. 67. Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rec- tories:' and whereas another act was passed in the same session of parliament, 6 & 7 Gul. 4, intituled. 'An Act for carrying into effect the Reports of the Commissioners c 77. appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Epis- copal Dioceses, Revenues, and Patronage ;' in which latter act are contained cer- tain provisions which were to continue in force only for one year after the passing thereof, or, if parliament should be then sitting, till the end of the session of par- liament : and whereas another act was passed in the last session of parliament to 7 Gul. 4 & 1 continue the provisions of the first-recited act and the temporary provisions of the Vict. c. 71. second-recited act until the first day of August in the year one thousand eight hundred and thirty-eight, and, if parliament should be then sitting, until the end of the then session of parliament : and whereas it is expedient to continue the pro- visions of the said recited acts for a further time ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by First recited the authority of the same, that the first-recited act and the temporary provisions of act, and certain the second-recited act shall continue and be in force until the first day of August Parts °J seconQ • recited set in the year one thousand eight hundred and thirty-nine, and, if parliament shall furtner con. be then sitting, until the end of that session of parliament. tinued. " II. And be it further enacted, that during the vacancy of any dignity, pre- Patron of any bend, canonry, or benefice without cure of souls, which is now vacant under the vacant dignity, provisions of the said recited acts, or which shall hereafter become vacant during: t0,^ con" sidered the the continuance of such provisions by virtue of this act, the holder or incumbent patr0n of any of which respectively, if a successor had been duly admitted thereto, would have benefice with been in right thereof the patron of any benefice with cure of souls, the patron of cure or" which such dignity, prebend, canonry, or benefice without cure shall be considered for all ^e J°lde^.'( legal purposes to be the patron for the time being of any such benefice with cure nave fceen of souls. patron. " III. Provided always, and be it enacted, that, notwithstanding anything con- Th;s act not to tained in this act or in the first-recited act, any bishop or archdeacon may hold prevent visita- visitations of the clergy within the limits of his diocese or archdeaconry, and at tl0ns or con- such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons, in the places assigned to his jurisdiction and authority under or by virtue of the enactments of the secondly-recited act, and any bishop may conse- (i) Vide Stat. 2 & 3 Vict. c. 55. sec rations. 1894 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 Vict. c. 108. Bishop may, on visitation of portion of another dio- cese transferred to him by order in coun- cil, be assisted by his own chancellor, &c. ; and all acts of such chancellor to be valid. This act not to prevent any appointment of the late chaplains of the House of Commons, or the succession of the Rever- end H. Hunt- ingford, &c. crate a new church or chapel or a new burial ground within his diocese, as assigned under the provisions of the last-mentioned act. u IV. Provided always, and be it further enacted, that every bishop to whom any portion of another diocese shall have been transferred by any order in council under the provisions of the last-recited act passed in the session held in the sixth and seventh years of the reign of his late majesty shall, during the visitation or such portion of his diocese so transferred, be assisted by his own chancellor or commissary and attended by his own registrar ; and that during any such visita- tion the chancellor or commissary aforesaid shall in the name of such bishop, and in conformity with the usages observed in such diocese, inhibit all inferior and concurrent jurisdictions, receive presentments, admit churchwardens to their office, issue marriage licences, grant probate of wills and letters of administration to the effects of intestates, and exercise in every respect the same jurisdiction which the chancellor or commissary of any preceding bishop has exercised in such portion of his diocese so transferred pending the visitation of the diocesan, and the duration of any inhibition which may have issued in consequence of such visitation, any- thing in the last-recited act to the contrary notwithstanding; and that all acts which have been or shall be done by any chancellor or commissary so assisting such bishop as aforesaid shall be taken to be good and valid in law to all intents and purposes whatsoever. " V. Provided also, and be it enacted, that nothing contained in this act or in the first-recited act shall be construed to prevent the appointment, presentation, or collation of the Reverend Frederick Vernon Lockwood, the Reverend Edward Repton, or the Reverend Temple Frere, (formerly chaplains to the House of Com- mons,) to any canonry, prebend, or dignity which is now vacant, or which shall hereafter become vacant during the continuance of the provisions of the recited acts, by virtue of this act, to which it may please her majesty to appoint them or any of them ; nor to prevent the Reverend Henry Huntingford, now prelector or lecturer in the cathedral church of Hereford, from succeeding to the canonry or residentiaryship in the said church which has become vacant by the death of the Reverend John Clutton, doctor of divinity ; nor to prevent the Bishop of Here- ford from disposing of the canonry and prebend in the cathedral church of Here- ford now held by the Reverend Henry C Hobart, M.A., should the same become vacant ; nor to prevent the appointment of the Reverend Henry Jenkins, professor of Greek in the university of Durham, to the canonry designed for him by the late William Bishop of Durham, and now held by Richard Prosser, doctor of divinity, when the same shall become vacant." Stat, i & 2 Vict. c. 109. [I*.] XXIX. Stat. 1 & 2 Victoria, c. 109 (1). [Ireland.] A.D. 1838. " An Act to abolish Compositions for Tithes in Ireland (2), and to substitute Rent- Charges in lieu thereof." " Whereas it is expedient to abolish compositions for tithes in Ireland, and in lieu thereof to substitute rent-charges payable by persons having a perpetual estate (1) Vide Stat. 3 & 4 Vict. c. 13; and in the reigns of George the Fourth, William Stat. 4 & 5 Vict. c. 37. the Fourth, and Queen Victoria, respecting (2) Tithes in Ireland: —The, following is tithes in Ireland: a list of the statutes which have been passed Compensation for tithes withheld in 1797 and 1798, amending Stat.) l Gqq 4 c 40> 39 Geo. 3, (Ir.) for enabling persons to recover / ' Compositions for a limited time, establishing 4 Geo. 4, c. 99. Amended by j 7 & 8 Geo. 4, c. GO. The foregoing three acts were amended, and) 2 & 3 Gul. 4 c. 119. such compositions rendered permanent, by I ' Which act was amended by 3 & 4 Gul. 4, c. 100. suspending proceedings for recovering payment of certain! instalments of the money advanced under the acts) 5 & 6 Gul. 4, c. 79. for establishing J f 6 & 7 Gul. 4, c. 95. Revived and continued by < 7 Gul. 4 &lVict.c.58. [ (Expired.) STATUTA V1CT0RLE. A.D. 1837—1844. 1895 or interest in the lands subject thereto, a reasonable allowance being made for the greater facility and security of collection arising out of such transfer of liability from the occupiers to the owners of lands; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the right of all persons in and to all tithes or com- positions for tithes heretofore accrued or at any time hereafter to accrue due in Ireland shall wholly cease and determine ; provided that nothing herein contained shall extend to any arrears of compositions heretofore accrued due and payable to or by any person entitled to the receipt or bound to the payment of the same by virtue of any such certificate of agreement as is mentioned in an act passed in the second and third year of his late majesty's reign, intituled, * An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to made such Compositions permanent ;' and provided further, that nothing herein contained shall extend to any compositions for tithes the right whereto may be vested in her majesty under the provisions hereinafter following, nor to any tithes or composition for tithes for the recovery whereof any suit, action, or other proceeding shall have been com- menced previous to the sixteenth day of July in this present year in any court of law or equity, but that the plaintiff may either prosecute such action or other pro- ceeding, or discontinue or dismiss the same without payment of costs, at his option ; and if he shall think fit to discontinue or dismiss the same, and if such tithes or compositions for tithes shall have accrued due for the years one thousand eight hundred and thirty-four, one thousand eight hundred and thirty-five, one thousand eight hundred and thirty-six, or one thousand eight hundred and thirty- seven, or any of them, then and in such case he shall be entitled to the like relief as other persons entitled to tithes or compositions for tithes for those years may have under the provisions of this act. " II. And whereas by an act made in the third and fourth years of the reign of his late majesty, intituled, ' An Act for the Relief of the Owners of Tithes in Ireland, and for the Amendment of an Act passed in the last Session of Parliament, intituled, " An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent,'" the persons from time to time entitled to the receipt of any composition for tithes to which the memorialist who received any advance under authority of the said act was then entitled, or which has been established in lieu of the tithes to which such memorialist was entitled, were made liable to the repayment, by five annual instalments, of the advances so made, and the persons so from time to time liable to the payment of such instalments were authorized to recover, together with and in addition to the compositions payable to them, certain sums directed by the said act to be added to and made payable Compositions abolished, and rent-charges substituted 1 & 2 Vict. c. 109. [ 3 & 4 Vict. c. 13. Amended by I 4 & 5 Vict. c. 5. ( 4 & 5 Vict. c. 37. authorizing the immediate distribution of a portion of the i fund applicable to the relief of persons entitled tol 2 & 3 Vict. c. 3. arrears of compositions under Stat. 1 & 2 Vict. c. 109 j Leases of tithes authorized to be made by ecclesiastical persons, so ) „ r as to bind their successors f 6 Lre0, 4' c" 125- ( 3 & 4 Gul. 4, c. 37. See further ) 4 & 5 Gul. 4, c. 90. I 6 & 7 Gul. 4, c. 99. Owners, for the relief of 3 & 4 Gul. 4, c. 100. Amended by 1 & 2 Vict. c. 109. Recovery of tithes, facilitating 54 Geo. 3, c, 68-. Amended by 5 & 6 Gul. 4, c. 74. ( 2 & 3 Gul. 4, c. 41. in certain cases, facilitating ) 4 & 5 Vict. c. 5. I 4 & 5 Vict. c. 37. Stat. 1 & 2 Vict. c. 109. [Ia.] Compositions for tithes abo- lished. Not to extend to arrears of compositions payable by virtue of any agreement under 2 & 3 Gul. 4,c. 119; nor to compo- sitions for tithes, the right whereto may be vested in her majesty under the pro- visions hereof; nor to those pending suits. In case of discontinuance of suits. Not to affect the provisions of 3 & 4 Gul. 4, c. 100, ex- cept as herein contained. 1896 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109 [la.] Persons liable to payment of instalments may apply for remission by memorial to the lord lieu- tenant, who may refer the same for in- vestigation, and upon report thereof, remit the whole or part thereof. therewith ; and whereas four of the said annual instalments have accrued due, and the fifth of such instalments will fall due on the first day of November in this present year;' and whereas only a small proportion of the said instalments so accrued due have been paid, and proceedings for the recovery of the same have been from time to time suspended by the authority of parliament, and it is expe- dient that payment of the said instalments shall be remitted, but only under certain circumstances, to be sworn by the parties liable to the payment of such instal- ments ; and whereas by reason of the hereinbefore contained enactment extinguish- ing the right of all persons to compositions for tithes it is necessary to make special provision, saving the right to such instalments, and to the sums so added to the said compositions, and payable to the persons liable to such instalments ; be it therefore enacted, that the several persons who would have been entitled to the receipt of the said composition for tithes if this act had not been passed shall be and remain liable to the queen's majesty for the repayment by instalments of the advances made under authority of the hereinbefore recited act of the third and fourth year of the reign of his late majesty, and that the said hereinbefore con- tained enactment extinguishing the right to compositions for tithes accrued or to accrue due shall not be taken to extend to the additions by the said act made to such compositions, but that the several sums directed by the said act to be added to and made payable, together with and in addition to the said compositions, shall be payable to and recoverable by the persons who would have been entitled to the said compositions by and from the persons who would have been liable to the pay- ment of such compositions, if this act had not been passed, as if such sums had been by the said act made separately payable and recoverable as compositions for tithes ; and that, save as aforesaid, all and every the provisions in the said act con- tained in any way relating to the recovery of such instalments and sums, or ena- bling any person liable to the payment of such compositions to recover against any person any sum whatsoever on account of such liability, shall, subject to the pro- visions hereinafter contained, remain in full force and effect as if the right to the said compositions were still subsisting. " III. And be it enacted, that it shall and may be lawful for any person liable to the payment of any of the said instalments now due and unpaid, or who may be liable to the payment of any instalment which shall become due on the first day of November in this present year, to apply by memorial to the lord lieutenant of Ireland, describing the character in which he may be so liable, and stating what, if any, of the compositions, together with and in addition to which any sums were made payable in respect of the advances repayable by such instalment under the said recited act, may at or previous to the passing of this act, or would at the time of such instalments falling due, be, if this act had not been made, payable by per- sons being both the owners and occupiers of the lands charged with such composi- tions, and also stating what, if any, of the said sums so added to such compositions have been received by the memorialist, and praying that the whole or any part of such instalment may be remitted ; and the said lord lieutenant in council shall refer each such memorial to such person or persons as he may think proper, who shall require the memorialist to prove before him or them the several matters and things stated in such memorial by such evidence as the nature of the case may admit, and shall investigate the facts and circumstances by all such ways and means as he or they shall think fit, subject to such rules and directions as the said lord lieutenant of Ireland in council shall from time to time subscribe, and shall report thereon to the said lord lieutenant in council, who shall thereupon have power and anthority, as hereinafter directed, to remit the whole or any part of such instal- ment, and the clerk of the council shall certify the same to the commissioners of the Treasury ; and if they shall remit the whole of such instalment, the said com- missioners of the Treasury shall direct satisfaction thereof to be duly entered and recorded in the proper office of the Exchequer ; and if they shall remit only a part of such instalment, the said commissioners of the Treasury shall direct satisfaction of the whole to be duly entered and recorded upon payment of the residue of such instalment. STATUTA VICTORIA. A.D. 1837—1844. 1897 " IV. And be it enacted, that it shall be lawful for such person or persons to Stat. 1 & 2 whom any such memorial may be referred to examine upon oath or affirmation J£cr« c. 109. (which oath or affirmation he or they is or are hereby authorized to administer) 1 any person willing to be examined touching any matter or thing relating to the ^oTmemo- subject of such reference, and also to receive any affidavit or deposition in writing rial is referred upon oath or affirmation made before any justice of the peace (and which any such may examine justice is herebv authorized to administer). on oath' a^d « V. Provided always, and be it enacted, that the said lord lieutenant in council ^ a a" shall remit every such instalment as aforesaid, unless the same shall be found to fa wUch be due by any lay impropriator in respect of advances made on account of any instalments tithes or compositions for tithes charged upon lands the estate and property of such shall not be impropriator, or unless the person liable to such instalment shall be found to have remitted, received the whole or some part of the sums so added to the said compositions or unless the whole or some part of .the sums so added to the said compositions shall be found to be payable by persons being both the owners and occupiers at the same time of the lands charged with such compositions ; and in the two last-men- tioned cases the said lord lieutenant and council shall remit so much but no more of such instalment as shall be equivalent to the sums so added to the said composi- tions, and which shall not have been received by the person liable to such instal- ment, or shall not be payable by persons being both the owners and occupiers at the same time of the lands charged with such compositions ; and the decision of the said lord lieutenant in council shall be final and conclusive of the right of any memo- rialist to the remission of the whole or any part of any instalment under this act. " VI. And be it enacted, that in any case where the said lord lieutenant in In case of the council shall remit the whole of any such instalment it shall not be lawful for the [^mis^°1g °*r person so relieved from his liability thereto to sue for or recover any sum added to part of anjr the said compositions in respect of the advances on account whereof such instal- instalment, the ment was made payable ; and in any case when the said lord lieutenant in council sums added to shall remit a part of any instalment it shall not be lawful for the person so relieved £jie C°^aj|0^e" to sue for or recover any such sum so added to the said compositions from or against remitted any person other than a person being both the owner and occupier of the lands unless due by charged with the said composition ; and all and every other the persons liable to undertaking the payment of any sum added to the said compositions, or payable in respect of landlords, or such additional sums under the provisions of the said recited act of the third and wo^lTbe^iable fourth year of his late majesty's reign on account of advances thereunder, shall, to rent-charge, in the event of the remission of the whole or any part of the instalment payable on account of such advances, be and they are hereby exonerated and discharged from the payment thereof, without prejudice nevertheless to any payment heretofore made under the provisions of the said recited act. " VII. And be it enacted, that every parcel of land charged with or in respect All lands sub- whereof the said tithe compositions or any applotment or assessment thereof would ject t0 the have been payable if this act had not been passed, shall be and become severally payment of liable to and charged with the payment of an annual sum or rent-charge equal to t-ong chTr^ed" three fourths of the annual amount of such tithe compositions, and that such rent- with an annual charges shall, except as hereinafter excepted, be payable by the party having in sum bv way or* such lands respectively the first estate of inheritance, or other estate or interest ""^t^three equivalent to a perpetual estate or interest as hereinafter defined, under which or fonrthg 0f such derived wherefrom there shall be no such perpetual estate or interest, according to compositions, the quantity of such lands comprised in each such estate or interest : provided to be payable always, that any landlord who shall have undertaken the payment of any compo- jj j^*7 sition for tithes under the provisions of the hereinbefore recited act of the second nrst e°state 0f and third years of the reign of his late majesty shall, for and during the continu- inheritance, ance of his estate and interest in the lands charged with the rent-charge payable in &c- ^ suca lieu of such composition, be liable to the payment of such rent-charge, provided lands* he has an estate not less than an estate of inheritance in such lands; and that such rent-charges shall take effect from the first day of November last past, and that the first payment of such rent-charges shall become due on the first day of November in this present year, and be then paid by one entire payment ; and that the said 1898 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109. [Ik.] One entire sum to be charged on each estate, although lands separately applotted. Rent-charges to be com- puted on the gross amount. Ascertaining rent-charges. What shall be deemed equi- valent to an rent-charges accruing due in each succeeding year shall be payable by two equal half-yearly payments, one whereof to become due on the first day of May, and the other on the first day of November, in each such year : provided always, that although such tithe compositions may have been separately applotted or assessed upon different portions of such lands, the lands comprised in each such estate or interest shall be charged with the annual payment as aforesaid of one entire sum or rent-charge equal to three fourths of the gross annual amount of such several applotments or assessments : provided also, that the amount of such rent-charges shall be computed on the gross amount of such tithe compositions as stated in the certificates and applotment books thereof respectively, without regard to the deduc- tion of fifteen pounds per centum claimable by persons undertaking the payment of such tithe compositions under the provisions of the above-recited act of the second and third years of his late majesty's reign : provided always, that all certificates and applotment books of such compositions shall be deemed and taken as valid and effectual for the purpose of ascertaining the rent-charges to be paid in lieu thereof, save so far as the same may be varied in pursuance of the provisions in this act, in which case the rent- charge shall be ascertained by such amended certificate or applotment book. "VIII. And be it enacted, that any estate or interest held under any deed or instrument containing any provision, contract, or covenant for the perpetual renewal (1) thereof and any estate or interest held for any term of years, whereof at (1) Covenant for the perpetual renewal: — In Henderson v. Derry {Dean of), (I Irish Circ. Rep. 631,) it appeared, that the re- spondent was the rector of the parish where the premises, in respect of which the tithe rent-charge was claimed, were situate, and that the appellant was the occupier of such premises ; which were part of the estates in fee of the Longford family, and had been originally demised to Lord Londonderry, for certain lives, with a covenant for perpetual renewal. Lord Londonderry had subse- quently demised the same premises to one Campbell, for lives, with a covenant to renew to him, as often as his (Lord Londonderry's) lease should be renewed. In 1788, Campbell demised to one Thompson, for three lives, with a toties quoties covenant for renewal, similar to the last. Thompson's interest in the premises, became vested in one Burnside, who, in 1812, mortgaged it for his whole estate, to one Catherine Dunn, to secure 600/. and interest. The appellant, afterwards married Catherine Dunn. The mortgagor had gone to, and had died in America, leav- ing an infant son his heir at law. The appellant had proceeded under the Mort- gage Act, to get a receiver, but an arrange- ment had been entered into, and a deed executed in pursuance of it, by which the appellant was to go into possession, and con- tinue in such possession, until his debt should be paid by the receipt of the rents. He had, accordingly, gone into possession, and had continued therein for twenty years. All the lives mentioned in the several demises had been more than twelve years dead. The formal proofs were admitted. Counsel for the appellant stated, that the first question in the case was, whether the covenant by Campbell with Thompson, was a covenant for perpetual renewal, within the meaning of Stat. 1 & 2 Vict. c. 109, s. 8. That it was not an absolute covenant between immediate landlord and tenant, which was the kind contemplated by that section : and that as all the lives were long since dead, the ap- pellant was only tenant from year to year, not holding under any deed, and, therefore, not liable at law as occupier. That in equity he could not be liable, as he went into posses- sion to hold only until his debt should be paid, in which case the mortgagor, as having the entire estate, was the person who was liable. That the respondent ought to have proceeded either against the heir at law of the mort- gagor, or against the lands ; and as the 27th section gave the rent-charge priority over all other charges and mortgages, the appel- lant could not set up his mortgage in bar of the respondent's claim. Mr. Baron Pcnnefather observed, "As to the first point, I think that the covenant in this case, is a covenant for perpetual renewal, within the meaning of the statute, the words of which, ' any covenant, contract, or pro- vision,' &c, are very comprehensive, and I therefore think that the lessee would be liable to the rent-charge. Then, as to the other point, it is clear, that there need not be a legal estate ; but in this case it appears, that the entire interest is in the appellant, and that he is now entitled to get a renewal. I do not think, that there is anything in the special agreement, about the appellant going into possession, which would alter the posi- tion of mortgagor and mortgagee. The 27th section of the act was made in aid of, and not to the prejudice of the tithe rent-charger; but the appellant wishes to introduce infe- rentially into that section, a clause not to be found there, viz., that no mortgagee shall be charged as a ter-tenant, or occupier. The mortgagee is charged as the transferee of the entire interest, in the same manner as he would be liable to the payment of the rent, and to the performance of a covenant in the lease, whether he took possession or not ; not because the covenant is one which runs with the land, but because he is the STATUTA VICTORLE. A.D. 1837—1844. 1899 least one hundred shall be to come and unexpired on the thirtieth day of October in this present year, and any estate held by lease or demise immediately from and under any archbishop, bishop, or other ecclesiastical person, in any lands belonging to the see or other spiritual promotion or dignity of such archbishop, bishop, or other ecclesiastical person, or under the ecclesiastical commissioners for Ireland, being parcel of the lands vested or which may become vested in them under the provisions of an act made in the third and fourth years of the reign of his late majesty, intituled, 4 An Act to alter and amend the Laws relating to the Tempo- ralities of the Church in Ireland,' shall be deemed and taken to be, for all purposes relating to the said rent-charges, equivalent to a perpetual estate or interest ; and that each tenant in dower or tenant by courtesy, and each person having, under the limitations of any settlement by deed, will, act of parliament, or otherwise, any estate for life or other particular estate thereby created or limited, out of or in any estate of inheritance, or out of or in any such equivalent estate as hereby denned, shall be, during such his interest, liable to the payment of such rent-charge as fully to all intents and purposes as if he were seised of or entitled to the whole estate in such inheritance or perpetual interest. " IX. And be it enacted, that where by the laws now in force in Ireland any person shall be entitled to hold and occupy under any lease or demise the lands thereby demised free from the payment of tithes or composition of tithes, he shall not be liable to the payment of the said rent-charge, but the party having in such lands the first estate of inheritance or other equivalent estate or interest as before described, expectant or in reversion, and who would not be entitled to a like exemption{\) under the laws aforesaid, shall be liable to such payment: provided always, that in case of the forfeiture, surrender, or other determination of any estate or interest, the owner whereof may be liable to the payment of such rent- charge as aforesaid, the party having the first estate of inheritance or other equiva- lent estate or interest as before described, in remainder or reversion, shall become liable to the said payment of such rent-charge : provided also, that in case of any such devolution of interest, no more than the amount of one year's arrear of rent- charge shall be a charge on the lands subject to the payment of such annual rent- charge. " X. And be it enacted, that whenever any person who would have been liable to the payment of any composition for tithes if this act had not been made, shall hold the lands in respect whereof such composition for tithes would have been so Stat. 1 & 2 Vict. c. 109. [Ik.] estate of inhe- ritance of per- petual estate. 3 & 4 GuL 4, c. 37. If leases under the laws now in force be free of tithes, the estate held thereunder shall not be liable to rent- charge. On determina- tion of any estate charge- able with rent- charge, the next estate shall become chargeable. If any person who would have been transferee of the estate, which he must be, before he is chargeable with the covenant." (1) Like exemption: — The lessees, and all persons deriving through them, of leases made after the 16th of August, 1832, and before the 15th of August, 1838, and not made in pursuance of any covenant, are ex- empt from the payment of tithe rent-charge, as long as their leases shall continue ; thus in Moore v. Garde, (1 Irish Circ. Rep. 354,) (which was an appeal by consent from a civil bill decree,) the action was for tithe rent- charge, and was brought against the appel- lant, as having the first estate of inheritance. It appeared, that the appellant held under a lease for lives, renewable for ever, which bore date the 11th of July, 1835, and did not appear to have been made in pursuance of any previous agreement. By the 13th section of the Tithe Composition Act, (Stat. 2 & 3 Gul. 4, c. 119,) the lessees of all leases made after the 16th August, 1832, and not made by virtue of any covenant, are exempt from the payment of tithes, or composition of tithes ; and by the ninth section of the Tithe Rent- charge Act, (Stat. 1 & 2 Vict. c. 109,) this exemption is confirmed to those who were then entitled to it, as long as their interest should continue. It was contended, that the appellant in the present case was not, therefore, liable to the tithe rent-charge, and that the decree must be reversed. O'Leary on Tithe Rent-Charge, 73. It was urged by the counsel for the re- spondents ; that although it did not appear on the face of the appellant's lease, that it was made in pursuance of any covenant or agreement, yet such was the fact, and that the best way of ascertaining it, was by ex- amining the appellant, the words of the sta- tute permitting such evidence; and that if it were not so, the proviso would have been almost inoperative. Upon such facts and arguments, Mr. Ser- jeant Greene observed: "I think that if I were to allow the appellant in this case to be examined, I would be setting a most dan- gerous precedent; and I shall, therefore, not do so. If parol evidence were admitted to explain any part of a lease, it might as well be admitted to vary the amount of rent, or alter the nature of the contract in some other way, and such a practice would be fraught with the most dangerous consequences." " Decree reversed, and a dismiss entered on the merits." 1900 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109. [>•] liable to tithe composition hold mediately or immediately under the per- son liable to such rent- charge, the amount of such rent-charge may be reco- vered as rent from the next tenant, and so downwards to the person primarily liable. Such leases, &c. of tithes as have now the effect of suspending compositions shall deter- mine, and none other. Where leases at rack-rent have been payable, as lessee or sub-lessee under a person liable to the payment of such rent- charge as aforesaid in respect of the same lands, then and in such case an annual sum equal to the amount of such rent-charge shall be from time to time payable to the person so liable to the payment of such rent-charge by the next immediate lessee holding under him, such sum to become first due on the first day of Novem- ber in this present year, and to be then payable by one entire payment, and the like annual sum thereafter in every succeeding year, to be payable at such times and by such quarterly or half-yearly or yearly payments as the rent due and pay- able by such lessee may be reserved and made payable, and together therewith, and subject to all the like incidents, in like manner, to all intents and purposes, as if such sum had been mentioned in the same lease, instrument, or demise, and expressly reserved and made payable thereby ; and the person liable to such rent- charge as aforesaid shall have such and the like remedies to enforce payment of such sum by distress, ejectment, or re-entry, or by action of debt, covenant, or otherwise, as he may have to enforce payment of the rent reserved by such lease, instrument, or demise ; and the said next immediate lessee, in case he himself would not have been liable to the payment of such tithe compositions as aforesaid, shall be in like manner and by all such and the like remedies entitled to receive and recover of and from his immediate sub-lessee such annual sum from time to time accruing due and payable, and so on, each lessee recovering from his sub- lessee downwards to the person who would have been primarily liable to the pay- ment of such tithe compositions if this act had not been made : provided always, that in the case of the land being divided among several lessees or sub-lessees, each of them shall be liable to the payment of no greater portion of such annual sum than may from time to time become due and payable in respect of the land which such lessee or sub-lessee, or any other person with him jointly, may hold : provided also, that where any person would have been liable, under the provisions of any law now in force in Ireland, to make payment of any composition to any landlord or person entitled to the receipt of the same by virtue of any certificate of agree- ment as is mentioned in the hereinbefore mentioned act of the second and third year of his late majesty's reign, such person liable to make payment of such com- position to the person entitled thereto by virtue of such certificate shall be deemed to be within the meaning of this act the person primarily liable thereto ; and where the lessee or occupier of any lands may be entitled to deduct out of the rent payable by him to his landlord the amount of any composition, such landlord shall be deemed to be within the meaning of this act the person primarily liable thereto. " XI. And be it enacted, that in any case where the effect of any composition may be by any law now in force suspended in consequence of any lease of tithes, or agreement in writing respecting the same, every such lease or agreement having such effect as aforesaid, but none other, shall from and after the passing of this act wholly cease and determine, but without prejudice to the recovery of any sum heretofore accrued due by virtue thereof; and the lands which would, if this act had not been made, have upon the termination of such lease or agreement become subject to the payment of any composition for tithes, shall be and become severally charged with an annual sum or rent-charge equal to three fourths of the amount of such composition, and an annual sum equal in amount to such rent-charge shall become payable to the persons from time to time liable to the payment of such rent-charge, and to their lessees and sub-lessees, in like manner as hereinbefore provided in cases where the effect of such compositions shall not have been sus- pended as aforesaid : provided nevertheless, that if any payment on account of this present year shall previous to the passing of this act have accrued due by virtue of or under such lease or agreement, the amount thereof shall be deducted from the rent-charge accruing due on the first day of November in this present year, and the residue only shall be then payable. " XII. And whereas by an act passed in the fourth year of the reign of his majesty King George the Fourth, intituled, ' An Act to provide for the Establish- ment of Compositions for Tithes in Ireland for a .limited time,' it was enacted, that STATUTA VICTORLE. A.D. 1837—1844. 1901 whenever under the provisions of that act any composition should be made for tithes payable in any parish, every person who should afterwards set, let, or demise any land lying within such parish at a rack rent should make such lease or demise free from the payment of tithes during the continuance of such composition ; and that in such case it should be lawful for the lessee or occupier of such land, and every such lessee or occupier was thereby required, to pay the amount of such composition to the person entitled thereto ; and that it should be lawful for such lessee or occupier of such land to deduct the amount of all such payments from time to time out of the amount of rent payable by such lessee or occupier of such land to his immediate landlord ; and it was further enacted by the said recited act, that in case such composition should cease and determine at any time during the continuance of such lease, the rent reserved in such lease should be reduced in amount by a sum equal to the amount of such composition: and whereas in such cases of land set, let, or demised at a rack rent in any parish at any time after the establishment of a composition for tithes therein the amount of such composition has by reason of the said recited enactments been added to and made payable together with and as part of the rent, and it is just and reasonable that such rent should be reduced to the extent of the reduction made under this act in converting the said composition into a rent-charge ; be it therefore enacted, that in case of any lease made at a rack rent, at any time after the establishment of a composition for tithes in any parish, of lands subject to the payment of such composition, the rent reserved upon and made payable in and by any such lease shall be reduced by a sum equal to the difference between the amount of the com- position heretofore payable in respect of such lands and the amount of the rent- charge which will under the provisions of this act become payable in lieu thereof, and that the party from time to time liable to the payment of such rent shall be entitled to deduct the amount of such difference accordingly : provided always, that, subject to such reduction, such rent shall remain payable, and the lessor, his heirs, executors, administrators, and assigns, shall have the like remedies for the recovery thereof as if the said tithe compositions were not by this act determined. " XIII. And whereas in cases where the said compositions for tithes have been established by a sole commissioner appointed by the lord lieutenant, in pursuance of an act passed in the second and third years of the reign of his late majesty King William the Fourth, intituled, * An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent/ it is just and expedient, with a view to a final and satisfactory settlement of the amount of the said compositions for tithes, and the rent-charges payable in lieu thereof, that appeals should be allowed within a limited time against the certificates of such compositions where the amount thereof may have been unduly affected by fraud or concealment ; be it therefore enacted, that it shall and may be lawful for any per- son or persons in any parish who would have been, in case this act had not been made, individually or collectively liable to the payment of more than one half of the amount of the whole composition established in and for such parish, whether the several sums payable by him or them respectively shall be or may have been pay- able to any party entitled to the receipt of any composition, or to any landlord who may have taken upon him the payment of such composition, at any time before the first day of October next to appeal to the lord lieutenant of Ireland in council in behalf of such parish against the certificate of such composition, in like manner as by the said act of the second and third years of his said late majesty King William the Fourth, and the acts therein recited, an appeal might have been made by direc- tion of the vestry of the parish within the time thereby limited, and the grounds of such appeal shall be stated in writing and signed by such person or persons, and lodged with the clerk of the privy council before the said first day of October, and in like manner it shall be lawful for any person who would have been, in case this act had not been made, entitled to any composition for tithes, before the said first Stat. 1 & 2 Vict. c. 109. [Ir.] made, after the establishment of any compo- sition in pur- suance of 4 Geo. 4, c. 99, the rents shall be reduced in proportion to the difference between such composition and the rent- charge payable under this act. Compositions for tithes made under 2 & 3 Gul. 4, c. 119, may be appeal- ed against. 1902 STATUTA VICTORLE. A.D. 1837—1844. Stat. 1 & 2 day of October, to appeal to the said lord lieutenant in council against such certifi- Vtct. c. 109. cate in like manner as by the said last-mentioned acts such appeals might have [Ir-j been made within the time thereby limited; and notice of every such appeal shall be posted on the church door or usual place of posting notices of application of grand jury presentments in the barony or half barony in which the parish to which such application may refer is situate, and once inserted by cr on behalf of the appellant party in some newspaper circulating within such parish within ten days next after such appeal shall have been lodged with the clerk of the privy council : provided always, that where the effect of any composition may have been suspended previous to the passing of this act by virtue of any lease or agreement in writing, the owners and occupiers of any lands upon which collectively a sum exceeding one half of the amount of such composition may have been applotted shall be deemed and taken to be qualified within the meaning of this act to make such appeal. Appeals to be " XIV. And be it enacted, that every such appeal shall be heard and deter- heard in the mined, and an order made thereupon for confirming or for decreasing or increasing yided^y^0^ 3 01 m°difying the amount of such composition, in like manner as is provided by Gul. 4,c. 119; the said last-mentioned act with respect to appeals thereby authorized to be made against such certificates ; and all the enactments and provisions contained in the same act relating to the appeals thereby authorized to be made against such certifi- cates, and the costs thereof, shall extend and be applied to appeals authorized by this act, and the costs thereof, except so far as the same are repugnant to the pro- but no order visions of this act : provided always, that no order shall be made on any such to be made, appeal, otherwise than for confirming the composition stated in the certificate, confirming the unless ^ shall be proved that some fraud, concealment, misrepresentation, or composition, circumvention was practised by or on the part of some party interested in such unless fraud, composition, whereby the commissioner may have been deceived, or whereby concealment, knowledge of any fact or facts which was or were essential to enable the s^ntetlori^6" commissioner to make a just decision was withheld from him, and whereby affecting the the amount of such composition was unduly affected : provided also, that when amount of an appeal from any certificate of composition has before the passing of this composition, acj. \)een decided upon the merits by the lord lieutenant in council, or by any bepro\ed. judge of assize, no further appeal relating thereto shall be made by virtue of this act. Lord lieutenant " XV. And be it enacted, that it shall be lawful for any person or persons in may cause any parjs}1 wh0 W0U}(J have been, in case this act had not been made, individually be^amended. or collectively liable to the payment of more than one fourth of the amount of the whole composition established in and for such parish, whether the several sums payable by him or them respectively shall be or may have been payable to any party entitled to the receipt of any composition, or to any landlord who may have taken upon him the payment of such composition, to apply to the said lord lieutenant in council, praying the amendment of the applotment of any composition, and such application shall be made by memorial, to be lodged at any time before the first day of October next with the said clerk of the coun- cil, and notified by public advertisement and otherwise, in like manner as appeals against certificates of compositions ; and if by any such memorial it shall be made to appear to the satisfaction of the said lord lieutenant in council that any such applotment of such composition is defective or unjust, or does not with sufficient precision ascertain the lands and holdings in respect whereof the said rent-charges will be payable, it shall and may be lawful for the said lord lieutenant in council to direct such applotment to be amended, and for that purpose to appoint some one or more skilful person or persons who shall therein have and exercise the like powers, privileges, and authorities, and observe the several regulations in the said acts for establishing compositions of tithes expressed and contained, but subject nevertheless to such instructions and directions as the said lord lieutenant in council shall prescribe for the avoiding any defect or uncertainty to which the original applotment may have been liable : and such amended applotment shall be returned to the clerk of the said council, STATUTA VICTORIA. A.D. 1837—1844. 1903 attested under the hand of the person or persons making the same, and the original book of applotment shall be amended under the direction of the said lord lieutenant in council accordingly ; and such amended book of applotment shall be in the place and stead of the said original book of applotment, and be valid and effectual to all intents and purposes for which the said original book of applotment would have been valid and effectual, but in the meantime such original book shall be in full force and effect; and in every case in which no applotment shall hitherto have been made it shall be lawful for any such per- sons as are hereinbefore authorized to apply for the amendment of any applot- ment to apply for the making of such applotment, in like manner and within the like period as is hereinbefore provided with respect to memorials for the amendment of any applotment; and in every such case it shall and may be lawful for the said lord lieutenant in council to appoint one or more skilful person or persons to make such applotment, who shall therein have and exercise the like powers, privileges, and authorities, and observe as far as may be the like regulations, as are given and directed to be observed by the said acts for establishing compositions of tithes; and the said lord lieutenant shall cause to be paid to the person or persons employed for the purposes aforesaid such remuneration as he shall think reasonable, and the expenses thereof shall be repaid by grand juryKpresentment on or off the parish in which such expenses shall have been incurred ; and a certificate of the amount so expended in respect of each such parish shall be transmitted under the hand of one of the joint or assistant secretaries of the commissioners of the Treasury to the treasurer of the county in which such parish may be situate ; and such treasurer shall insert the sum specified in such certificate in his warrant for the collection of the money to be raised and levied off such parish by presentment of the grand jury at the assizes next succeeding, and such sum shall be applotted, (if need be by a separate applotment,) and raised and levied off the lands liable to rent-charge in such parish, in like manner, and by the like ways and means as if such sum had been presented by the said grand jury at such assizes, to be levied off such lands, and shall be paid over by the said treasurer, when and as by him received, to such bank or person, and in such manner as the said commissioners of the Treasury shall direct. " XVI. And forasmuch as the rent-charges made payable by this act are charged upon the lands heretofore subject to the payment of compositions for tithes, it is expedient to make provisions for the more cheap and convenient determination of the liability to such compositions ; be it therefore enacted, that where any person having any interest in any lands whereon any such compo- sition shall have been applotted shall dispute the liability of such lands thereto, by reason of such land having been tithe-free, or not rightfully charged with or otherwise not subject to such tithe compositions, or the applotment thereof, it shall be lawful for the court of Chancery or Exchequer in Ireland, upon the petition of any such person, in a summary way to make such order, allowing or disallowing such claim of exemption, or to direct such feigned issue or refer- ence to any master of the court, or the chief or second remembrancer, or other proceeding, as such court shall think proper, for the purpose of ascertaining whether such lands would have been rightfully charged with tithe composition if this act had not been made, or if such composition had not been suspended ; and if it shall appear to the court that such land would not have been right- fully charged with such composition, it shall be lawful for the said court so to declare, and to make such order for the amendment of the certificate and applotment of such composition, and of the entry of such certificate in the regis- try of the diocese, as to such court may seem fit; and such lands shall be exonerated from rent-charge, or such rent-charges reduced accordingly ; provided, that in any such proceeding the certificate or applotment of any such composi- tion shall not be evidence of the liability of such lands to such composition, or the applotment thereof. " XVII. And be it enacted, that where any lai ds made subject to the payment Stat. 1 & 2 Vict. c. 109. [Ik.] Power to apply for the making of an applot- ment where none shall have been made. Proceedings where the liability of lands to rent- charge shall be disputed. When tithe- 1904 STATUTA VICTORIA. A.D. 18:37—1844. Stat. 1 & 2 Vict. c. 109. [I*.] free lands have been subjected to composi- tion, such composition shall be re- duced. What prescrip- tions to be valid in law in case of claims of exemption from tithes. In wbat case exemption from tithes allowed. of any part of a composition, (the amount of such composition not having been fixed by agreement,) shall, by virtue of any decision in law or equity, have been or at any time shall be declared to be exempt from the payment of tithes, it shall be lawful for the court of Chancery or Exchequer in Ireland, upon the petition of any person liable to the payment of rent-charge in the parish in which such lands may be situate, to direct any master of such court, or the chief or second remem- brancer, to inquire into and ascertain, by examination of the commissioner or commissioners, or umpire, as the case may be, by whom such composition may have been established, or otherwise upon the best evidence which can be procured, the sum included in the amount of such composition on account of the tithes of such land, and the certificate and applotment of such composition ; and the entry of such'' certificate in the registry of the diocese shall be amended accordingly under the direction of such court, and the rent-charges payable instead of such composition for tithes shall be reduced proportionably. " XVIII. And be it enacted, that all prescriptions and claims of or for any modus decimandi, or of or to any exemption from or discharge of tithes, shall in all cases whatever be sustained and be deemed good and valid in law upon evidence showing, in cases of a claim of modus decimandi, the payment or render of such modus, and, in cases of claim to exemption or discharge, the enjoyment of the land without payment or render of tithes, money, or other matters in lieu thereof, for the full period of thirty years next before the establishment of a composition for such tithes under the acts for that purpose made, unless in the case of a claim of a modus decimandi the actual payment or render of tithes in kind, or of money or other thing differing in amount, quality, or quantity from the modus claimed, or in case of claim to exemption or discharge, unless the render or payment of tithes, or of money or other matter in lieu thereof, shall be shown to have taken place at some time prior to such thirty years, or it shall be proved that such payment or render of modus was made, or such enjoyment was had by some consent or agree- ment expressly made or given for that purpose by deed or writing, and if such proof in support of the claim of exemption shall be extended to the full period of sixty years next before the establishment of such composition, such claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment or render of modus was made or such enjoyment was had by some consent or agree- ment expressly made or given for that purpose by deed or writing ; and where the render of tithes or compositions for tithes might have been, in case this act had not been made, demanded by any archbishop, bishop, dean, prebendary, parson, vicar, or other corporation sole, whether spiritual or temporal, or by the said ecclesiastical commissioners, then every such prescription or claim shall be valid and indefeasible upon evidence showing such payment or render of modus made, or enjoyment had as is hereinbefore mentioned, applicable to the nature of the claim, for and during the whole time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind might have been claimed, and for not less than three years after the appointment and institution or induction of a third person thereto : provided always, that if the whole time of the holding of such two persons shall be less than sixty years then it shall be necessary to show such payment or render of modus made, or such enjoyment had, not only during the whole of such time, but also during such further number of years either before or after such time, or partly before and partly after, as shall with such time be sufficient to make up the full period of sixty years, and also for and during the further period of three years after the appointment and institution or induction of a third person to the same office or benefice, unless it shall be proved that such payment or render of modus was made, or such enjoyment was had by some consent or agreement expressly made or given for that purpose by deed or writing. " XIX. And be it enacted, that no modus, exemption, or discharge shall be deemed to be within the provisions of this act unless such modus, exemp- tion, or discharge shall be proved to have existed and been acted upon at the time of or within one year next before the establishment of a composition for STATUTA VICTORIA. A.D. 1837—1844. 1905 the tithes to which such claim may relate under the said acts for that purpose made. "XX. Provided always, and be it enacted, that the provisions hereinbefore contained with respect to the establishment of claims of or for any modus or exemption from or discharge of tithes shall not extend to any case where the tithes of any land shall have been demised by deed for any term of life or number of years, or where any composition for tithes shall have been made by deed or writing by the person or body corporate entitled to such tithes with the owner or occupier of the land for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this act, nor to any suit for esta- blishing a claim to tithes now pending. " XXI. Provided also, and be it enacted, that where any lands or tenements shall have been held or occupied by any rector, vicar, or other person entitled to the tithes thereof, or by any person compounding for tithes with any such rector, vicar, or other person, whereby the right to the tithes of such lands may have been or may be during any time in the occupier thereof or in the person entitled to the rent thereof, the whole of every such time and times shall be excluded in the com- putation of the several periods of time hereinbefore mentioned ; provided also, that the time during which any person otherwise capable of resisting any claim to any such exemption or discharge as aforesaid shall have been an infant, idiot, non com- pos mentis, feme covert, or lay tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the com- putation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. " XXII. And be it enacted, that in all proceedings to be taken after the passing of this act for the purpose of determining the exemption or discharge of any lands from tithes (I), it shall be sufficient to allege that the modus or exemption or dis- charge claimed was actually exercised and enjoyed for such of the periods men- tioned in this act as may be applicable to the case ; and any provision, exception, incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or law not inconsistent with the simple fact of the exer- cise and enjoyment of the matter claimed, shall be specially alleged and set forth, and shall not be received in evidence on any general traverse or denial of the matter claimed. " XXIII. And be it enacted, that in the several cases mentioned in and pro- vided for by this act no presumption shall be allowed or made in favour or support of any claim upon proof of the exercise or enjoyment of the right claimed for any less period of time or number of years than for such period or number mentioned in this act as may be applicable to the case and to the nature of the claim. " XXIV. And be it enacted, that the said rent- charges shall be payable to and amongst the several persons who would have been, if this act had not been made, entitled to compositions for tithes arising out of the several lands charged with such rent-charges respectively, and in the same proportions, and vested in such persons, for the like estates or interests, and subject to the like trusts, uses, charges, payments, rents, liens, and incumbrances, of what kind or nature soever. " XXV. And be it enacted, that the said rent-charges shall be deemed and taken to be tithes within the meaning of an act passed in this present session of parlia- ment, intituled, < An Act for the Relief of the destitute Poor in Ireland,' and that the persons entitled to the receipt of such rent-charges shall be deemed and taken to be titheowners within the meaning of that act. Stat. I & 2 Vict. c. 109. [Ik.] To what cases the herein- before con- tained provi- sions shall not extend. Time during which lands shall be held by persons entitled to the tithes thereof, to be excluded in the com- putation; as also the time during which any person capable of resisting any claim shall be an infant, &c. What it shall be sufficient to allege in pro- ceedings re- lating to the exemption of lands from tithe under this act. No presump- tion allowed in support of a claim for a less period than herein men- tioned. Rent-charges, to whom pay- able. Rent-charges to be deemed tithes under 1 & 2 Vict, c. 56. (1) Exemption or discharge of any lands from tithes .—By Stat. 5 Geo. 2, c. 9, ss. 6 & 7, (Ir.) barren, heath, or moory ground, mountain, bog, moss, and land taken in from the sea, or any lough, or river, converted by drains, banks, walls, or dikes, into arable or meadow, were for seven years after such con- version free from tithe for hemp, flax, or rape. But no land was to be so discharged if it ever before paid tithe for corn, hay, hemp, flax, rape, or potatoes. 6 F 1906 STATUTA VICTORIA. A.D. 1837-1844. Stat. 1 & 2 Vict. c. 109. [Ik.] Effect of cer- tificates of compositions as to right of parties entitled thereto. Rent-charges, how to be recovered. Several parties may be in- cluded in one bill in equity. Where person liable to pay- ment of rent- charge shall occupy the land, the arrear may be dis- trained for. Where rent- charge in ar- rear, and the person liable thereto shall not be in occu- pation of the lands charged therewith, or where such person may not be known, a court of equity may order the rents of such lands to be received "XXVI. And whereas doubts have arisen with respect to the effect of certifi- cates for the composition of tithes in Ireland made under the authority of the said acts for establishing such compositions, as respects the rights or titles of persons having or claiming to have estates or interests in the tithes or compositions to which such certificates respectively relate ; and whereas the said rent-charges will be payable to or divided among the several persons entitled thereto according to the proportions of such compositions payable to them respectively as in such certifi- cates stated ; be it therefore enacted, that no certificate made under the said acts or any of them, or which may be amended under the provisions of this act, shall, as against any person claiming any estate or interest in tithes or composition for tithes in Ireland, and asserting such claim by any proceeding at law or in equity, be deemed to be evidence of the right or title of any person in such certificate described ; and that if it shall be decided by any court of competent jurisdiction that any person other than the person in such certificate described, or those deriving under such person, would have been entitled to such composition or to the tithes to which the same shall relate, the person so declared entitled shall be thereupon authorized and entitled to receive the rent-charge or proportion thereof accruing due under authority of this act, in lieu of the composition in such certifi- cate mentioned, as if originally named therein ; but until such decision such certi- ficate, and all payments made under the same, shall be good, valid, and effectual against all persons whatsoever. " XXVII. And be it enacted, that the said rent-charges shall have priority over all other charges, liens, mortgages, and incumbrances whatsoever affecting the lands chargeable therewith, and shall and may be recovered by the ways and means hereinafter mentioned ; (that is to say,) by bill in equity, action of debt or on the case, or if not exceeding twenty pounds, by civil bill in the court of the assistant barrister or chairman of the sessions of the county wherein the lands charged therewith may be situate, or by distress, subject to the provisions herein- after contained. " XXVIII. And be it enacted, that it shall and may be lawful to include in the same bill in equity or in the same petition all or any number of the persons in any one parish who may make default in payment of such rent-charges, in like manner as might have been done in suits in equity for the recovery of tithes or tithe com- positions in lieu of which the said rent-charges are given, without being liable to any objection on the ground of multifariousness, but with liberty to any of such defendants, on payment of the demand against such defendant, and his proportion of the costs, to have his name struck out of the bill or petition. « XXIX. And be it enacted, that where the person liable to the payment of any rent-charge shall occupy the land in respect whereof the same may be payable it shall and may be lawful to make any distress or distresses for any arrears of such rent-charge or proportion thereof; and such distress shall be subject in all respects to the like regulations and attended with the like privileges and advantages as are by law established in respect of any distress by any landlord for the recovery of rent. " XXX. Provided always, and be it enacted, that in all cases where any lands charged with the said rent-charge shall be held or occupied by any person other than the person liable under the provisions of this act to the payment thereof, it shall not he lawful to make any distress upon such lands, or upon any other lands, goods, or chattels of such person, for such rent-charge, hut in all such cases, and also in all cases where the person liable to the payment of such rent-charge may not be known to the party entitled to such rent-charge, and such rent-charge shall be in arrear and unpaid for the space of thirty-one days after the same shall have become due, it shall be lawful for the court of Chancery or Exchequer in Ireland, upon application as hereinafter mentioned, and in default of its being shown to sucli court that the person in occupation of such land is liable to the payment of such rent-charge, to appoint a receiver, or to extend any receiver already appointed over the said lands to the matter of the said petition, to receive the rents or such part of the rents of the lands charged with such rent-charge as shall be STATUTA VICTORIA. A.D. 1837—1844. J 907 sufficient to pay such rent-charge and all arrears thereof, until the whole of such Stat. 1 & 2 arrears shall be discharged, together with such fees as shall be appointed by such Vict. c. 109- court for such receiver, and also the costs out of pocket of such application, and J- that out of the sums so received such fees and costs shall be ordered to be paid ; ™ g^^renT and such order shall be made upon petition and affidavit, after reasonable time g^g^ &c given to show cause ; and notice of the intention to make such application shall, ten days previous to making the same, be served upon the person, or the known attorney, agent, or steward of the person, in receipt of or entitled to such rents, either by delivering such notice to the party personally, or by leaving the same at his usual place of residence, or in case such person be not known, or there be any difficulty in effecting such service, then by serving such notice in such manner as the court may, under the circumstances, think proper to direct ; and that the said receiver shall be empowered by the said court to recover the said rents, or so much thereof as may be necessary, by distress and all such other remedies as receivers in any manner appointed by courts of equity in Ireland are empowered to recover rents according to the rules and practice of such courts respectively. "XXXI. Provided always, and be it enacted, that in all cases in which the How rent- party liable to the payment of any such rent-charge, or to any such annual sum as charges, &c. is hereinbefore made payable to the party liable to such rent-charge, or to any takers ^ lessee holding mediately or immediately under him, in addition to the rent pay- able to such party or lessee, shall be of the persuasion of the people called quakers, then the same shall be recoverable in manner hereinafter mentioned ; (that is to say,) if the person so liable shall occupy the land in respect whereof such rent- charge or annual sum may be payable, then the same shall be recoverable from such person by distress upon the goods and chattels of such person, whether situate on the premises in respect of which the distress is made or elsewhere, but never- theless to the same amount only and with the same consequences in all respects as if made on the premises ; and the goods and chattels so distrained may be sold, without keeping or impounding the same ; but if the person so liable and being of such persuasion as aforesaid shall not occupy the land in respect whereof such rent-charge or annual sum may be payable, then the same (without limit as to the amount) shall be recoverable in such manner as by an act of the fifth and sixth 5 & 6 Gul. 4, years of the reign of his late majesty King William the Fourth, intituled, 'An Act c. 74. for the more easy Recovery of Tithes,' is expressly or by reference prescribed for the recovery of ecclesiastical demands of or under the value of fifty pounds from quakers, but with a like exception in case the actual title to such rent-charge or annual sum, or the amount thereof, or the liability or exemption of the property to or from the same, shall be bond fide in question ; and in any case in which the person so liable shall be of the persuasion aforesaid, and any other remedy or pro- ceeding than hereinbefore mentioned shall notwithstanding be commenced or pro- secuted against him, it shall be lawful for him, or any one on his behalf, to serve the party so entitled as aforesaid with a declaration or notice in writing, stating that he possesses such an estate or interest as it is by this act provided shall make the person having such estate or interest liable to such rent-charge or annual sum, and that he is of the persuasion aforesaid ; and such other remedy or proceeding shall be thereupon forthwith discontinued, and the costs previously incurred shall be taxed, and the party who may have taken such proceeding shall proceed to recover such rent-charge or annual sum by distress, or by such remedy as in the said recited act of the fifth and sixth years of the reign of his late majesty is pro- vided, according to the circumstances, and shall be entitled to recover therewith, and as part thereof, the costs of such proceeding so discontinued ; and such notice shall be evidence of the liability of the party by whom or on whose behalf the same may have been given, and of his being of the persuasion aforesaid ; provided always, that if upon any such proceeding a sufficient distress cannot be found to satisfy the said rent-charge or sum and the costs, if any, together also with the reasonable costs of distress, then the other remedies provided or allowed by this act may be resorted to in the same manner as if the person liable to the payment were not of the persuasion of the people called quakers; provided always, that in G F 2 1908 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict, c. 109. [IR.] Rent-charges to be variable, in like manner as tithe com- positions. Holders of leases of tithes, &c. may sur- render the same, or com- pel the lessors to reduce the rents. no case whatever shall any execution or decree or order issue or be made under this act against the person or persons of any defendant or defendants being of the persuasion of the people called quakers. " XXXII. And whereas the compositions for tithes by this act abolished are liable to be increased or diminished from time to time with reference to the ave- rage price of corn as advertised in the Dublin Gazette during the preceding seven years, and it is just that the said rent-charges which will by virtue of this act become payable in lieu of such compositions, and the amount whereof is regulated thereby, should be subject to a similar variation ; be it therefore enacted, that it shall and may be lawful for any three or more persons in any parish or place, each charged with the annual payment of three pounds or upwards in respect of any such rent-charges, and for any party entitled to the receipt of such rent-charges, or any proportion thereof respectively, to make application for the increase or dimi- nution of the composition in lieu whereof such rent-charges may be payable, at such periods from time to time and in such manner, as if he or they were liable to the payment or entitled to the receipt of such composition, he or they might respectively make such application ; and the like notice of any such application shall be given, and all such and the like proceedings had thereupon, as by the pro- visions of the said several acts for establishing compositions for tithes in Ireland authorized and directed in the case of application thereunder ; and such composition shall be increased or diminished, and the applotment thereof amended, accordingly, and the rent-charges payable in lieu thereof increased or diminished in like pro- portion ; provided that when the price of any particular species of corn shall be stated in the certificate of such composition the justices to whom such application may be made shall ascertain the average price of that species of corn from the said Gazette, and such comparison shall be made between the price thereof as stated in such certificate and the price thereof as so ascertained from the said Gazette during each period of seven years ; and provided further, that where the price of corn shall not be stated in any such certificate of composition the said justices shall ascertain from the said Gazette the average price of corn for the period of years with reference whereto such composition may have been calculated, and deal there- with as if the same had been originally stated in such certificate. ** XXXIII. And be it enacted, that if any lease or demise of tithes or composi- tion in lieu of tithes shall be in force and undetermined at the passing of this act, it shall and may be lawful for the lessee in such lease, or his representatives, within two calendar months after the passing of this act, to surrender such lease to his immediate lessor, or his representative ; or it shall be lawful for such lessee or his representatives, instead of surrendering such lease, to serve on such lessor or his representatives, within such period of two months, a notice in writing requiring him or them to reduce the rent reserved by such lease in proportion to the reduc- tion of the profits arising thereunder by reason of the conversion of the tithe thereby demised, or the composition established in lieu thereof, into rent-charge under the provisions of this act ; and in case such lessor or his representatives shall omit or refuse during the period of one calendar month from the service of such notice to agree to make the abatement specified in such notice, or such other abatement as shall be satisfactory to the person serving such notice, the matter of such notice shall be referred to three arbitrators, one to be appointed by such lessee or his representative, another by such lessor or his representatives, and the third by the two arbitrators appointed as aforesaid, within ten days after notice in writing to be given by such lessee or his representative for that purpose ; and in case such lessor or his representatives shall omit or refuse within ten days after the service of such notice as last aforesaid to appoint an arbitrator on his or their behalf, it shall and may be lawful for such lessee or person serving such notice to apply to the court of Chancery or Exchequer in Ireland, by petition, stating the facts, whereupon such court shall have power and authority to nominate and appoint an arbitrator to act on the part of such lessor so omitting or refusing to act as aforesaid, and the appointment of such arbitrator shall be equally valid to all intents and purposes as if made by such lessor; and in case of the death or incapacity, neglect or refusal to STATUTA VICTORIA. A.D. 1337-1844. 1009 act of any of the said arbitrators, another shall be appointed in his stead by the party by whom or in whose behalf he was so appointed, or by the said arbitrators appointed by the parties, as the case may be, within ten days next after notice thereof; and the said arbitrators, or any two of them, shall and they are hereby authorized and empowered to inquire and ascertain, by all such ways and means as they shall think proper, whether any and what abatement of the rent reserved in any such lease should be made to the lessee therein named for or on account of the deduction in the amount of tithe recoverable under such lease arising from the operation of this act ; and the said arbitrators, or any two of them, shall specify in their award the amount of the abatement to be made in the rent reserved in the said leas?, and the amount so specified shall be no longer payable or recoverable under such lease, and such award shall be of like force and effect as a release of so much of the said rent as is thereby directed to be abated ; and the said arbitrators shall execute two copies of their said award, one to be delivered to the lessor in such lease, or his representatives, and the other to be deposited in the public office for registering memorials of deeds, conveyances, and wills in Ireland ; and such arbitrators, or any two of them, shall have power and are hereby authorized to award that such lease shall cease and determine and be surrendered, and the same shall, if they shall so determine, thenceforth cease and determine. " XXXIV. And whereas it was by the hereinbefore recited act of the third and fourth years of his late majesty's reign enacted, that exchequer bills to an amount not exceeding one million pounds in the whole should be issued and applied to the relief of the owners of tithes or compositions for tithes in Ire- land in manner by the said act directed; and whereas in pursuance thereof exchequer bills to the amount of six hundred and forty thousand pounds were so issued and applied; and whereas an act was passed in the sixth and seventh years of his late majesty's reign, intituled, ' An Act to amend an Act passed in the first and second years of His present Majesty, for the Extension and Pro- motion of Public Works in Ireland,' whereby, after reciting that, over above the sum required for the purposes of the said first-recited act, exchequer bills to the amount of one hundred thousand pounds, or thereabouts, had been made out and delivered to the teller of the exchequer in Ireland, it was enacted that such of the said exchequer bills as were then in the possession of the said teller, not exceeding the said sum of one hundred thousand pounds, should be applied to the purposes of the said act for the extension and promotion of public works ; and whereas it is expedient to apply the residue of the said sum of one million pounds now remain- ing unappropriated, being two hundred and sixty thousand pounds, together with the sums which may have arisen or shall arise in her majesty's exchequer on account of the instalments payable to the crown under the provisions of the said act of the third and fourth years of his late majesty's reign, or this act, to the indemnification, in certain cases, of persons who may not have received payment of compositions for tithes accrued due for the four years last past, that is, for any of the years one thousand eight hundred and thirty-four, one thousand eight hun- dred and thirty-five, one thousand eight hundred and thirty-six, and one thousand eight hundred and thirty-seven ; be it therefore enacted, that it shall be lawful for the commissioners of her majesty's Treasury of the United Kingdom of Great Bri- tain and Ireland at any time or times to cause or direct any number of exchequer bills to be made out at the receipt of the exchequer at Westminster for any sum or sums of money not exceeding in the whole the sum of two hundred and sixty thousand pounds, to be applied to the purposes of this act, such exchequer bills to be made out in the same manner, or like manner, form, and order, and according to the same or like rules and directions, as are prescribed in an act passed in the forty- eighth year of the reign of his majesty King George the Third, intituled, * An Act for regulating the Issue and Paying off of Exchequer Bills.' " XXXV. And be it enacted, that all and every the clauses, provisoes, powers, privileges, advantages, penalties, forfeitures, and disabilities contained in the said act shall be applied and extended to the exchequer bills to be made out in pur- suance of this act, as fully and effectually to all intents and purposes as if the Stat. 1 & 2 Vict. c. 109. [I*.] The residue of the money ap- plicable to the relief of the owners of tithes under 3 & 4 Gul. 4, c. 100, shall be applied, together with the sums arising to credit of the account here- inafter men- tioned, in pay- ment of the arrears of com- positions for 1834, 1835, 1836, and 1837. 6 & 7 Gul. 4, c. 108. Treasury may raise 260,000/. by exchequer bills, in like manner as is prescribed by 48 Geo. 3, c. 1. The clauses, &c. in recited act extended to this act. 1910 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109. Date of ex- chequer bills. Interest on them. Payment of them. Bills to be payable out of supplies of the year. Bills to be current at the exchequer after falling due. Bank of Eng. land may advance 260,000/. on the credit of this act, not- withstanding 5 & 6 G. & M. c. 20. Treasury to apply the mo- ney raised to purposes of this act. Persons who may not have said several clauses or provisoes had been particularly repeated and re-enacted in the body of this act. " XXXVI. And be it enacted, that the exchequer bills to be made out in pur- suance of this act shall bear date on the days on which the same shall be respec- tively issued, and shall and may bear an interest not exceeding the rate of three- pence halfpenny per centum per diem upon or in respect of the whole of the monies respectively contained therein, payable out of any aids or supplies in the receipt of her majesty's exchequer; and such exchequer bills shall be made pay- able at such periods and places as shall be fixed by the said commissioners of her majesty's Treasury, nevertheless so as that all such bills shall be made payable within five years from the date thereof. " XXXVII. And be it enacted, that the principal sum or sums of money to be contained in such exchequer bills shall be and are hereby charged and chargeable upon and shall be paid and discharged by and outof any supplies which may be granted for the service of the year in which such exchequer bills shall become payable. " XXXVIII. And be it enacted, that all and every the exchequer bills to be made forth by virtue of this act, or so many of them as shall from time to time remain undischarged and uncancelled, shall and may, from and after the respec- tive days on which the same shall become due and payable, be received and taken and shall pass and be current to all and every the receivers and collectors in Great Britain and in Ireland of the customs, excise, or any revenue, supply, aid, or tax whatsoever, already granted, due, or payable, or which shall or may hereafter be granted, due, or payable to her majesty, her heirs and successors, and also at the bank of England and at the bank of Ireland, to the account of her majesty's exche- quer from the said receivers or collectors, or from any other person or persons, bodies politic or corporate whatsoever, making any payment there to her majesty, her heirs and successors, for or upon any account, cause, or occasion whatsoever, according to the purport and true meaning of this act. " XXXIX. And be it declared and enacted, that it shall and may be lawful for the governor and company of the bank of England, and for the governor and com- pany of the bank of Ireland, to advance or lend to her majesty, upon the credit of the exchequer bills to be made out in pursuance of this act, any sum or sums of money not exceeding in the whole the sum of two hundred and sixty thousand pounds, anything in an act passed in the fifth and sixth years of the reign of King William and Queen Mary, intituled, * An Act for granting to Their Majesties seve- ral Rates and Duties upon Tonnage of Ships and Vessels, and upon Beer, Ale, and other Liquors ; and for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of One mil- lion five hundred thousand Pounds towards carrying on the War against France/ or in any subsquent act to the contrary thereof in anywise notwithstanding. " XL. And be it enacted, that it shall be lawful for the said commissioners of the Treasury to cause all such sums of money as shall be raised by the exchequer bills to be made out in pursuance of this act, and which sums they are hereby authorized to raise in such manner as they shall think proper, to be paid to the governor and company of the said bank of Ireland, to be carried and placed to a distinct and separate account to be opened in the books of the said bank of Ireland and of her majesty's exchequer, under the name of 4 The Tithe Arrear Account ;' and it shall be also lawful for the said commissioners of the Treasury to cause any monies which may have arisen or which shall arise in the said exchequer on account of the instalments payable under the said act of the third and fourth years of his late majesty's reign and this act to he carried and placed to the same account ; and all the said monies so arising to the credit of the said account shall he paid and issued thereout upon the warrants of the said commissioners of the Treasury, or any three or more of them, to the persons in such warrants named, pursuant to the provisions hereinafter contained. " XLI. And be it enacted, that it shall and may be lawful for any person entitled, or who would have been entitled if this act had not been made, to any STATUTA VICTORIA. A.D. 1837—1844. 19J1 compositions for tithes accrued and now remaining due and payable in Ireland for Stat. 1 & 2 the years one thousand eight hundred and thirty-four, one thousand eight hundred Vict. c. 109. and thirty-five, one thousand eight hundred and thirty-six, or for the year one L R'-' thousand eight hundred and thirty-seven, to make application, at any time within received pay- two calendar months next after the passing of this act, to the lord lieutenant of ment °[ tlieir Ireland in her majesty's privy council there, praying relief in respect of such com- foM834 1&35 positions for tithes; and such application shall he made by memorial, with a sche- 1836, or 1837, dule thereunto annexed, to be prepared and verified in manner by the said recited shall apply for act of the third and fourth years of his late majesty's reign directed in respect of K^J^ Ine" applications for relief to be made thereunder: provided that in case of the death, ' illness, absence, disability, or incapacity of any person entitled to relief under this act, it shall be lawful for the personal representatives, guardian, attorney, steward, or agent of such person to make such application as aforesaid, and that in such case the contents of the memorial and schedule shall be verified upon oath by such per- sonal representatives, guardian, attorney, steward, or agent, as the case may be : pro- such relief not vided that it shall not be lawful to include in any such memorial and schedule any t0 exteri^ t0 compositions for tithes the payment whereof may have been agreed for and under- payable by taken by any person under the hereinbefore recited act of the second and third years undertaking of his late majesty's reign ; and provided further, that in the schedule to be annexed landlords, to each such memorial, the applicant shall specify and distinguish, according to the best of his knowledge and belief, the tithe compositions to which he shall claim to be or have been so entitled, if any, payable by persons having, when such com- positions accrued due, such like estates or interests in the lands chargeable with such compositions respectively as would, under the provisions hereinbefore con- tained, have made the owners thereof liable to the payment of the rent-charges hereinbefore mentioned if this act had been in force, and such rent-charges payable at the time when such compositions accrued due ; and provided further, that all compositions included in any such memorial and schedule shall be stated according to the original amount thereof respectively, exclusive of any addition to such com- positions made under the said recited act of the third and fourth years of his late majesty's reign on account of any advances made thereunder ; and the said lord lieutenant and council shall cause each such memorial and schedule to be revised by such persons and in such manner, and the several matters and things stated in or appearing thereby proved upon such evidence, as to them shall seem proper ; and if they shall so think fit they shall declare the memorialist entitled to relief under this act ; and upon and after the completion of the proceedings hereinafter authorized for the recovery of the compositions payable by persons having such estates or interests as hereinbefore described, the said lord lieutenant shall certify to the commissioners of the Treasury the sum which shall be found due to each such memorialist, exclusive of any sums recovered by any such proceedings as hereinafter directed and paid to him : provided always, that if upon the revision of any such memorial and schedule any sum claimed therein should appear to have been previously paid or satisfied, or if such memorial or schedule should contain any false and wilful misrepresentation, then and in such case it shall be lawful for the said lord lieutenant to direct such sum by way of penalty, not exceeding the amount of such unfounded demand or the item in respect whereof such false and wilful misrepresentation may have been made, as he shall think proper, to be deducted from and out of any sum payable to the memorialist under the provisions hereinafter contained ; and he shall certify to the said commissioners of the Trea- sury the sum so to be deducted, and the same shall be deducted accordingly. " XLII. And be it enacted, that whenever any person making any such appli- Upon appli- cation under this act shall be declared to be entitled to relief hereunder the right tion for relief in and to all such compositions for tithes included in his memorial and schedule as unde,r ?2 art' . , , . , „ , , proclamation may have accrued and remain due from or by persons having at the time when [0 be issued. such compositions may have so accrued due such like estates or interests in the enjoining pay* lands chargeable therewith respectively as would, under the provisions hereinbe- ment of arrears fore contained, have made the owners thereof liable to the payment of the rent- dueby such charges hereinbefore mentioned if this act had been in force, and such rent-oharge Swud beliabk 1912 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109. [>.] to pay rent- charges under this act. Proceedings in case of deft ult. Receipt to be given to parties making pay- ment, which shall be a sufficient acquittance. In default of obedience to proclamation, an application by petition to be made to the court of Chan- cery or Exche- quer, or assist- ant barrister, for an order against de- faulters for the sum due. Court to exa- mine and make order. Objection to petition for want of form, &e. not to be received. Deaths of par- ties not to abate petition. Notice of pro- ceedings upon petition to be given. payable at the time when such compositions accrued due, shall vest in her majesty ; and the said lord lieutenant shall issue a proclamation, to be posted on conspicuous places within the proper parish, (whereof the publication in the Dublin Gazette shall he sufficient evidence, as also of such declaration by the lord lieutenant in council,) enjoining and requiring all persons named in the schedule annexed to each such memorial, and having such estates or interests as aforesaid respectively, to pay to such bank or person as the said lords commissioners of the Treasury shall appoint to receive the same the several sums in such schedule stated to be due and owing by them severally, or so much thereof as they shall respectively admit to be due, and warning all such persons that in default of their paying the same within one calendar month from the date thereof such proceedings as are by this act war- ranted will be forthwith taken for the levy and recovery of the composition so remaining due and unpaid ; and the cashier of the bank, or person authorized to receive such sums, shall give to every party making any such payment a receipt, which shall be an acquittance for the monies therein expressed to have been received ; and if for the full amount in such schedule stated, or for such lesser amount in lieu thereof as her majesty's attorney-general for Ireland shall direct to be received, such receipt shall be an acquittance for all composition for tithe which might be claimed from such party by the person upon whose application the proclamation aforesaid may have been issued, or by the crown in right of such person under the provisions of this act. " XLIII. And be it enacted, that upon the expiration of the time in the said proclamation limited, and in default of payment as aforesaid, it shall and may be lawful for the said attorney-general to apply by petition, either to the court of Chancery or Exchequer in Ireland, or, in any case where the sum sought to be recovered shall not exceed twenty pounds, then, at the option of the said attorney- general, to the court of the assistant barrister of the county or riding where the person in default shall reside, or if he shall reside in the county of Dublin, to the court of the chairman of the sessions of the peace for the said county, praying the order of such court, assistant barrister, or chairman against any person in default, who shall be named and distinguished in any such schedule as aforesaid as having such estate or interest as hereinbefore described in the lands charged with any com- position due and in arrear ; and the said courts shall summarily examine into the matter of every such petition, and for that purpose call before them and examine viva voce any person upon oath, or ascertain the truth by interrogatories in writing or by affidavit, and thereupon make such order or orders, as to such court shall seem just; and the costs shall be in the discretion of the court as if the proceeding was between subject and subject ; and in case any person against whom any such order shall be so prayed shall not, by himself or some attorney or counsel, attend at the time appointed for proceeding upon such petition, and show that he had not when such composition accrued due such an estate or interest as hereinbefore described in the lands chargeable with such composition, the liability of such per- son shall be taken pro confesso, and an order shall be forthwith made as against every such person for such amount of composition as shall be proved to be so due and in arrear in respect of the said lands; and the sum expressed in any such order, and the costs, shall be taken to be a debt due to her majesty, and recovered accordingly ; provided that the like costs shall he payable on any such application to any assistant barrister or chairman as on any proceeding by civil bill. " XLIV. And be it enacted, that no objection to any such petition on account of the demands thereby sought to be recovered being distinct and multifarious, nor for want of parties or want of form, shall be received ; and no such petition shall abate on account of the death of any of the parties ; and in case of any such death the said attorney-general may proceed against the representatives of any person so dying, having first served them with a notice thereof ; and upon its appearing to the court that such notice had been given such court shall inquire into the matter of such petition as against the representative of any person so dying in the same manner as against the said person were he living, and the said court respectively shal] proceed thereon accordingly: provided always, that at least fourteen days STATUTA VICTORIA. A.D. 1837—1844. 1913 before any proceeding shall be taken under any such petition as aforesaid, a notice Stat. 1 & 2 thereof shall be served upon the person against whom any order may be thereby Vict. c. 109. prayed. "XLV. And be it enacted, that all monies paid, received, or recovered on The money account of any tithes or compositions for tithes vested in her majesty by virtue of recovered by the hereinbefore contained provision shall, after deducting the costs and charges ^P^66^ attendant on the receipt or recovery thereof, be, in such manner as the said com- oyer tQ the missioners of the Treasury shall direct, paid over to the respective parties in whose parties entitled right so transferred to the crown the same may have been received or recovered. thereto. " XLVI. And be it enacted, that it shall be lawful for the said commissioners The expenses of the Treasury, or any three or more of them, to order and direct that such sum of the revision J . i r- .1 j _j.-l„0i memorials or sums of money as may be necessary to defray the expenses attendant upon the and schedules revision of the said memorials and schedules shall be paid to such persons, at such to De first times and in such manner as they shall think fit, from and out of the monies defrayed accruing to the credit of the said account to be kept as hereinbefore provided at out of £^fund the said bank of Ireland and Exchequer ; and the residue of the monies arising to ™ erjeanJCthee" the credit of the said account shall be applied to the relief of the several memo- residue distri- rialists who shall be declared to be entitled to relief under this act as hereinbefore buted rateably provided; and such residue shall be distributed rateably amongst them in proportion ^^.^^ to, but not exceeding, the amount of the several sums found due to them respec- mem tively on account of the arrears of composition payable in and for the said years one thousand eight hundred and thirty-four, one thousand eight hundred and thirty-five, one thousand eight hundred and thirty-six, and one thousand eight hundred and thirty-seven, included in the said several schedules, exclusive of any sums received or recovered and paid to such persons under the hereinbefore contained provision ; and the said commissioners of the Treasury, or any three or more of them, shall direct payment to be made to each such memorialist accordingly ; and the surplus (if any) shall be carried to and made part of the consolidated fund of the United Kingdom of Great Britain and Ireland. " XLVII. And whereas certain sums of money are now due and accruing Arrears of due to the ecclesiastical commissioners for Ireland by reason of instalments instalments of accrued due in the year one thousand eight hundred and thirty -five, and one thou- adv^e™ h™68 sand eight hundred and thirty-six, and one thousand eight hundred and thirty- commissioners seven, and this present year, on account of monies lent and advanced by the of first-fruits, trustees and commissioners of first-fruits in Ireland for the purposes of building and due 1st mansions or glebe houses and making other improvements, or for the purchase of ^S37 houses for the habitation and residence of incumbents of benefices and their sue- an(j {g^g ^ot cessors, or for the purchase of glebes or demesne lands for the erection of such to be sued for. glebe houses or offices, and which sums were vested in the said ecclesiastical com- missioners by the hereinbefore recited act passed in the third and fourth years of his late majesty's reign : and whereas it is expedient to relieve the incumbents who have been unable to pay such instalments for the said years one thousand eight hundred and thirty-five, and one thousand eight hundred and thirty-six, and one thousand eight hundred and thirty-seven, and this present year, from imme- diate liability thereto, but so nevertheless that such sums shall remain charged upon their respective benefices and promotions, and upon the incumbents having or succeeding to the profits and emoluments thereof, but that the same shall be repaid by instalments computed at a reduced rate ; be it therefore enacted, that no suit or proceeding shall be taken by or on behalf of her majesty, or by or in the name of the said ecclesiastical commissioners, or any other person, for the recovery of any such instalment which may have accrued due on the first day of July one thousand eight hundred and thirty-five, or on the first day of July one thousand eight hundred and thirty-six, or on the first day of July one thousand eight hun- dred and thirty-seven, or on the first day of July in this present year, on account of any monies lent or advanced by the said trustees and commissioners of first- fruits for the purposes aforesaid. "XLVIII. And be it enacted, that from and after the passing of this act the Incumbent to respective sums which shall at such time be and remain due to the said ecclesias- Pav money 1914 STATUTA VICTORIA. A.D. 1837—1844. Stat. 1 & 2 Vict. c. 109. [la-] advanced by the commis- sioners of first-fruits by yearly instal- ments at a reduced rate, commencing 1st July, 1839. Tithe compo- sition acts shall be taken to extend to her majesty. The provisions of this act shall extend to her majesty. Proviso. Clerk of the peace to fur- nish a copy or extract of the memorial and schedule or return required by 3 & 4 Gul. 4, c. 100, on payment of a stated sum. Notices, how to be served. tical commissioners on account of any money lent or advanced by the said trustees or commissioners of first-fruits, for the purposes aforesaid, shall to all intents and purposes be deemed and taken to be the sum and sums originally lent, and which ought to be repaid by instalments on or before every first day of July in every year, and that every such sum shall be repaid to the said commissioners by annual instalments at and after the rate of three pounds for every hundred pounds so lent and advanced and remaining due and unpaid as aforesaid, and at and after no higher rate, and that the first of such instalments shall become due on the first day of July one thousand eight hundred and thirty-nine, and the remaining instalments on the first day of July in each succeeding year, until the whole sum lent and advanced and remaining unpaid as aforesaid shall have been repaid ; and that such instalments shall be payable by the present incumbent of each benefice or his successors, and recoverable by the like means as now provided by law for the recovery of instalments payable in discharge and on account of monies lent and advanced by the said trustees and commissioners of first-fruits for the purposes aforesaid, and in all respects according to the like provisions. " XLIX. And whereas doubts have arisen how far the several acts for esta- blishing compositions for tithes in Ireland extend to tithes forming part of the hereditary revenues and possessions of the crown in Ireland ; for the removal of which doubts be it enacted and declared, that the said act shall be deemed to extend to the queen's majesty, her heirs and successors, as if named therein, and that all compositions for tithes belonging or which may have belonged to her said majesty are and shall be and be deemed to have been good, valid, and effectual to all intents and purposes as any compositions established in lieu of tithes belonging to any other person. " L. And be it enacted, that all and every the provisions of this act shall apply and extend to the said compositions for tithes belonging to the queen's majesty, and that rent-charges shall become payable in lieu thereof, and that such rent- charges shall be collected and recovered and in all other respects managed and dealt with according to the provisions of the acts in force relative to the hereditary possessions and land revenues of the crown in Ireland ; and that nothing herein contained shall extend in any respect to alter or repeal the provisions of any act or acts now in force with respect to the application of the annual income arising from such tithes or compositions, or the sale thereof, or the application of the monies arising from any such sales, but that such last-mentioned provisions shall extend and apply to the annual income arising from the rent-charges which will become payable in lieu of such tithes or compositions under the provisions of this act, and to authorize sales thereof, and to direct the application of the monies arising from the sale of such rent-charges, according to the nature thereof respectively, in like manner as to the annual income arising from such tithes and the monies arising from sales thereof : provided alwaj's, that nothing in this act contained shall in any manner prejudice or affect the right of her said majesty in or to any quit rent or other rent or payment reserved upon or arising out of any grant, or pay- able on account of any advowsons, rectories, vicarages, or other benefice or prefer- ment, or office spiritual, or tithes. " LI. And whereas by the said act of the third and fourth years of the reign of his late majesty King William the Fourth it is enacted that a certified copy of or extract from the memorial and schedule or return attached thereto, a duplicate of which is by that act required to be lodged with the clerk of the peace, shall be sufficient evidence to all intents and purposes of the several matters and things therein set forth ; be it enacted, that every clerk of the peace with whom any such duplicate, memorial, and schedule or return attached thereto is lodged, shall and he is hereby required to furnish a certified copy of or extract from the same respec- tively to any person requiring the same, on payment of a sum not exceeding three-pence for every ninety words contained in such copy or extract, and every sum of money set forth in such copy or extract shall be reckoned only as a single word. " LII. And be it enacted, that whenever any notice required to be given by STATUTA VICTORIA. A.D. 1837-1844. 1015 this act cannot be delivered to the person to whom such notice is directed, it shall be sufficient to leave the same at the last or most usual place of abode of such persons, if such persons shall be in Ireland, or if such person or persons shall be in any other part of the United Kingdom, or beyond the seas, then to publish the same in the Dublin Gazette ; and in all cases in which any notice shall be required to be given to or delivered by or on behalf of her majesty, her heirs, or successors, under any of the provisions of this act, it shall be sufficient if such notice be given to or delivered by the commissioners for the time being of her majesty's woods, forests, land revenues, works, and buildings, or any person authorized by them to receive or give such notice on her majesty's behalf. " LIII. And be it enacted, that if any person who shall make or take any oath, affirmation, affidavit, or deposition, under or in pursuance of this act, shall therein wilfully or knowingly swear, affirm, depose, or answer falsely, every such person, being duly convicted thereof, shall incur and suffer such pains, penalties, and disabilities, as persons convicted of wilful and corrupt perjury are by law liable to. " LIV. And be it enacted, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or context of the act shall exclude such construction, be interpreted as follows; (that is to say,) the words ' lord lieutenant of Ireland ' shall extend to any lords justices or other chief governor or governors of Ireland ; and the word ' land ' shall extend to mano , messuages, and other hereditaments, whether corporeal or incorporeal, and whether freehold or copyhold, or of any other tenure ; and the words ' persons entitled to compositions for tithes,' or to any ' composition,' shall be construed to extend to and include all ecclesiastical persons, and bodies corporate, sole, or aggregate, lay or ecclesiastical, or collegiate, and all incumbents of parishes, whether rectors, vicars, or curates, and all impropriators, and appropriators, and all persons whomsoever, being the owners of or entitled or interested in any manner whatsoever, at law or in equity, whether in their own right or by virtue of any order or process of any court, as trustees, devisees, personal representatives, lessees, sequestrators, receivers, or otherwise, to any tithes, or portion or portions of tithes, or composition esta- blished in lieu of tithes, or portion or portions of such composition, or who would have been so entitled to any such composition if the same had not been suspended by virtue of any lease or agreement ; and the word ' person ' shall extend to and com- prise all and every bodies politic and corporate, sole and aggregate, lay and ecclesi- astical, and collegiate ; and the words ' compositions for tithes ' shall extend and be applied to any portion or portions of a composition, and to any tithes or portion of tithes, and to any part of a yearly payment thereof as well as to a composition ; and the word * county ' shall extend and be applied to any riding, county of a city, or county of a town, or city and county, as well as a county at large ; and the word * parish ' shall extend and be applied to any part of a parish forming a dis- tinct benefice, and to extra-parochial place or places separately chargeable with any composition for tithes, as well as to a parish ; and every word importing the sin- gular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. " LV. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 1 & 2 Vict. c. 109. [I*.] Persons taking false oaths, &c. guilty of perjury. Interpretation of words used in this act. Act may be altered this session. XXX. Stat. 1 & 2 Victoria, c. 110. A.D. 1838. Stat. 1 & 2 "An Act for Abolishing Arrest on Mesne Process in Civil Actions, except in cer- ^ TCT* C* U°' tain Cases; for extending the Remedies of Creditors against the Property of Debtors'; and for amending the Laws for the Relief of Insolvent Debtors in England" " LV. And be it enacted, that nothing in this act contained shall extend to Assignees' entitle the assignee or assignees of the estate and effects of any such prisoner, being Power not to 1916 STATUTA VICTORIA. A D. 1837—1844. Stat. Vict. 1 & 2 c. 110. extend to the income of a benefice, &c. Sequestration of profit of benefice may be obtained. a beneficed clergyman or curate, to the income of such benefice (1) or curacy, for the purposes of this act : provided always, that it shall be lawful for such assignee or assignees to apply for and obtain a sequestration of the profits of any such benefice, for the payment of the debts of such prisoner ; and the order appointing an assignee or assignees of such prisoner, in pursuance of this act, shall be a sufficient warrant for the granting of such sequestration, without any writ or other proceedings to authorize the same ; and such sequestration shall accordingly be issued, as the same might have been issued upon any writ of levari facias, founded upon any judgment against such prisoner." Stat. 2 & 3 Vict. c. 3. [I*-] 1 & 2 Vict, c. 109. 3 & 4 Gul. 4, c. 100. "An Act to authorize the immediate Distribution of a Portion of the Fund applicable to the Relief of Persons entitled to certain Arrears of Tithe Compo- sitions, under an Act of the last Session of Parliament, to abolish Compositions for Tithes in Ireland, and to substitute Rent-Charges in lieu thereof, and for other " Whereas an act was passed in the last session of parliament, intituled, * An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-charges in lieu thereof,' whereby it was among other things enacted, that exchequer bills to an amount not exceeding two hundred and sixty thousand pounds in the whole should be made out and applied, together with the sums which had arisen or which should arise in her majesty's exchequer on account of certain instalments payable to the crown under the provisions of an act passed in the session of parlia- ment holden in the third and fourth years of the reign of his late majesty, inti- tuled, 'An Act for the Relief of the Owners of Tithes in Ireland, and for the Amendment of an Act passed in the last Session of Parliament, intituled, "An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, pro- viding for the Establishment of Compositions for Tithes in Ireland," ' to the indemnification in certain cases of persons who might not have received payment of compositions for tithes in Ireland accrued and remaining due and payable for the four years then last past ; and such persons were directed to apply for relief accordingly to the lord lieutenant of Ireland in her majesty's privy council there ; and every such application was directed to be made by memorial, with a schedule setting out the particulars of each claim thereunto attached ; and the said lord lieu- tenant in council was authorized to cause all such memorials and schedules to be revised, and the several matters and things stated in or appearing thereby proved upon such evidence as to him and them should seem proper ; and it was provided, that the schedule attached to each memorial should distinguish such of the compo- sitions in arrear, if any, as were payable by persons having, when the same accrued due, such like estates or interests in the lands chargeable therewith as would, under the provisions of the said act of the last session of parliament, have made the owners thereof liable to the rent-charge substituted for the said compositions ; and the right to all arrears of compositions so due and in arrear from persons having such estates or interests as aforesaid was transferred to and vested in her majesty, and her attorney-general for Ireland was directed to take certain proceedings for the recovery thereof, and the amount received or recovered was directed to be paid over to the respective parties in whose right so transferred to the crown the same had been received or recovered ; and upon and after the completion of all such pro- ceedings, the said lord lieutenant was authorized to certify to the commissioners of the Treasury the sum found due to each memorialist who should be declared entitled to relief under the said act, exclusive of any sums recovered by the pro- ceedings aforesaid, and paid to him ; and the sums raised by the exchequer bills directed to be made out as hereinbefore mentioned, and the sums which had arisen or which should arise in her majesty's exchequer on account of the instalments (1) Income of such benefice: — Stat. 53 tained similar provisions; but Stat. 37 Geo. Geo. 3, c. 102, s. 27 ; Stat. 1 Geo. 4, c. 119, 3, c. 112, had not such an extensive opera- s. 38 ; and Stat. 7 Geo. 4, c. 57, s. 28, con- tion. Arbuckle v. Cowtan, 3 B. & P. 321. STATUTA VICTORIA. A.D. 1SW7— 1844. 1917 hereinbefore mentioned, were, after deducting the necessary expenses attendant upon the execution of the said act, directed to be distributed rateably among the several memorialists entitled to relief thereunder in proportion to the amount of their several claims : and whereas it has been found that the proceedings necessary to be taken before the amount of the several claims to relief under the said act can be precisely ascertained, or the fund applicable to such purpose fully realized, will be attended with a delay which makes it expedient to allow of an immediate partial distribution of the said fund : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that when and so soon as the said lord lieutenant of Ireland and council shall have declared any memorialist to be entitled to relief under the said act in respect of any compositions for tithe due or payable to him for the years one thousand eight hundred and thirty-four, one thousand eight hundred and thirty-five, one thousand eight hundred and thirty-six, or one thousand eight hun- dred and thirty-seven, it shall be lawful for the said lord lieutenant to certify to the commissioners of the Treasury the sum which shall be found due to such memorialist, exclusive of any sum or sums claimed by him to be due by any per- son against whom proceedings may be had by her majesty's attorney-general, as by the said act directed, and also to certify such sum as to the said lord lieutenant and council may seem proper to be paid to such memorialist upon account of his claim to relief under the said act ; and it shal] be lawful for the said commissioners of the Treasury to direct payment to be made to him accordingly from and out of any monies which shall have arisen to the credit of the tithe arrear account opened in the books of the bank of Ireland and of her majesty's exchequer, as directed by the said act : provided always, that no greater sum shall be so advanced to any memorialist upon account as aforesaid than the proportionate sum which would be payable to him out of the said monies if the claims of all other memorialists for relief thereout were allowed; and provided also, that a sufficient sum shall be reserved out of the said monies to defray the expenses which may be incurred in carrying the said act into execution ; and provided also, that, in the final distribu- tion of the monies applicable to the relief of memorialists under the said act, any sum which shall have been previously advanced on account to any memorialists as aforesaid shall be deducted from the proportionate sum to which he would have been entitled if no such advance upon account had been made to him. "II. And whereas Elizabeth Gore, the widow of the Reverend John Gore, late rector and vicar of the parishes of Marshalstown and Aghada in the diocese of Cloyne, and Eliza Edwards, the widow of the Reverend Anthony Edwards, late rector and vicar of the parishes of Geal and Ballysheehane in the diocese of Cashel, claiming to be entitled as the personal representatives respectively of their deceased husbands to relief under the provisions of the said act in respect of certain compo- sitions for tithes, and being resident at places distant from the said parishes, have been prevented by that and other circumstances making application for relief under the said act within the period by the said act limited for that purpose, and are by reason of such delay debarred the relief afforded by the said act, and deprived by the provisions of the said act of all remedy for the recovery of the compositions to which they may be severally entitled ; in consideration whereof and of the special circumstances of the case, be it enacted, that it shall and may be lawful for the said Elizabeth Gore, widow, and for the said Eliza Edwards, widow, at any time within one calendar month next after the passing of this act, to make application to the said lord lieutenant of Ireland in her majesty's privy council there, praying relief in respect of any compositions for tithes accrued and now remaining due and payable for the years one thousand eight hundred and thirty-four, one thousand eight hundred and thirty-five, one thousand eight hundred and thirty-six, or one thousand eight hundred and thirty-seven, to them respectively as the personal representatives of their several deceased husbands ; and that such applications shall be made in the same manner and in all respects subject to the like regulations and directions as by the said act provided in respect of other applications for relief Stat. 2 & 3 Vict. c. 3. [1*0 When any memorialist shall have been declared to be entitled to relief under 1 & 2 Vict, c. 109, the lord lieutenant may certify to the Treasury the sum due to such memo- rialist, and the sum proper to be paid upon account to him; and the Treasury may direct payment accordingly. Proviso. The applica- tions for relief of Elizabeth Gore, widow, and Eliza Ed- wards, widow, may be re- ceived, al- though the pe- riod limited for receiving applications has expired. 1918 STATU T A VICTORIA. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 3. [I*.] In parishes where a com- position for tithes has not yet been esta- blished, such composition shall be made, and rent- charges sub- stituted, as in cases of pa- rishes pre- viously com- pounded. thereunder ; and that such applications shall be dealt with in the same manner, and all such and the like proceedings had thereupon, as if such applications had been made within the period by the said act limited ; and that the said Elizabeth Gore and Eliza Edwards, if otherwise entitled thereto, shall receive the like relief as other memorialists under the said act. " III. And whereas an act was passed in the session of parliament holden in the second and third years of the reign of his late majesty King William the Fourth, intituled, ' An Act to amend three Acts passed respectively in the fourth, fifth, and in the seventh and eighth years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent/ whereby, after reciting that it was 6 expedient that a fixed and permanent composition in lieu of tithes should, with a view to the future commutation thereof, be generally established throughout that portion of the United Kingdom called Ireland,' provision was made authorizing a composition for tithes to be established within three months next after the passing of the said act by a sole commissioner to be for that purpose nominated by the lord lieutenant of Ireland, in every parish or part of a parish wherein a composition should not have been previously made under the provisions of the acts theretofore passed for that purpose : and whereas it has been found that notwithstanding the provisions of the said act there are some parishes and parts of parishes wherein no such composition for tithes has yet been established, and it is necessary, in order to the establishment of rent-charges in such parishes and parts of parishes, pursuant to the intent of the herein before-recited act of the last session of parliament, that a composition for the tithes of such parishes or parts of parishes should be previ- ously made ; be it therefore enacted, that it shall and may be lawful for the said lord lieutenant of Ireland, as soon as conveniently may be after the passing of this act, to nominate some proper person to be a commissioner for the purpose of esta- blishing a composition for tithes in each parish or part of a parish in Ireland wherein a composition for the tithes thereof has not been heretofore made ; and that all and every the provisions contained in the said act passed in the session of parliament holden in the second and third years of his late majesty's reign, with respect to any person to be appointed a commissioner for the purposes of such act, shall apply to any person who may be appointed a commissioner hereunder ; and that all and every the like proceedings shall be had for the purpose of carrying the said act into execution in any such parish or part of a parish, and for defraying the expenses attendant thereon, as if compositions of tithe had not been abolished by the herein before- recited act of the last session of parliament, so far as may be necessary for the establishment of a composition for the tithes of any such parish or part of a parish, and for the assessment or applotment thereof, and the appor- tionment of such composition amongst the party or parties entitled to the tithes or any particular share or proportion thereof for which such composition shall be established ; and that the like appeal may be made within the like period against any such composition, or against the assessment or applotment thereof, and the like proceedings had upon any such appeal, as were authorized or directed in the case of any composition or assessment or applotment thereof heretofore made under the said act passed in the session of parliament holden in the second and third years of his late majesty's reign : provided always, that when and so soon as the periods limited for such appeals respectively shall have expired, or the same shall have been decided, and such composition and the assessment or applotment thereof shall have been finally established and settled, all and every the pro- visions of the said act passed in the last session of parliament shall thereupon be deemed and taken to apply to every such composition so established by vir- tue of this act ; and that an annual sum or rent-charge equal to three fourths of such compositions shall become payable in like manner to all intents and purposes as in the case of compositions established previous to the passing of the said act of the last session of parliament ; and every provision in such act con- tained with respect to the rent-charges established thereby shall apply to the rent-charges to be established by virtue hereof; and every such rent-charge STATUTA VICTORIA. A.D. 1837—1844. 1919 established by virtue hereof shall take effect from the first day of November, one thousand eight hundred and thirty-seven ; and the first payment thereof shall become due so soon as the periods limited for the appeals before mentioned shall have expired or the same shall have been decided, and be then paid by one entire payment: provided nevertheless, that if any payment on account of the tithes accrued due for the said year one thousand eight hundred and thirty-seven, or any render thereof in kind, shall have been previously made, the amount or value thereof shall be deducted from the first payment of the said rent-charge. " IV. And whereas the said act of the last session of parliament empowered the said lord lieutenant in council to remit the herein before-mentioned instalments pay- able to her majesty under the said recited act of the third and fourth years of his late majesty's reign, under certain restrictions and regulations, whereof one was, that where the whole or some part of the sums by the said last-mentioned act added in respect of the advances thereunder to any compositions for tithes were found to be payable to the person liable to any such instalment by persons being both the owners and occupiers at the same time of the lands charged with such compositions, such instalment, or so much thereof as should be equivalent to the said sums pay- able by such persons, should not be remitted ; and the said act provided, that from and against such persons, being such owners and occupiers as aforesaid, the person liable to any such instalment might sue for and recover the sums so added to the said compositions, and remaining due and in arrear from them, by all the ways and means by which compositions for tithes might have been recovered if the said act of the last session of parliament had not been passed : and whereas it is expe- dient to make further provision for the relief of the persons liable to the said instalments ; be it therefore enacted, that, anything in the said act of the last session of parliament to the contrary notwithstanding, it shall be lawful for the said lord lieutenant in council to remit the whole or any part of any such instal- ment as aforesaid, although the whole or any part of the said sums so added to the said compositions shall be found to be payable to the person liable to such instalment by persons being both the owners and occupiers at the same time of the lands charged with such compositions ; provided, however, that so soon as the whole or any part of such instalment shall be remitted by the said lord lieu- tenant in council, (whereof the certificate of the clerk of the council shall be suf- ficient evidence,) the right to all sums so added to the said compositions, and remaining due and payable to the person so relieved from such instalment or part thereof, by persons being both the owners and occupiers at the same time of the lands charged with such compositions, shall vest in her majesty ; and that the like proceedings shall be had for enforcing payment thereof as are in and by the said act directed to be taken touching all compositions for tithe, the right to which is vested in her majesty under or by virtue of the provisions thereof ; and that all monies so recovered shall be paid into the bank of Ireland to the credit of the herein before-mentioned ' tithe arrear account.' " V. And be it enacted, that the provision made by the said act of the last session of parliament for the interpretation of certain words and expressions therein, shall apply and extend to the like words and expressions in this act ; and that by the expression * owners and occupiers at the same time of the lands charged with compositions,' (wherever such expression may occur in the said act or in this act,) shall be understood persons occupying the lands charged with such compositions, and having in the said lands such like estates or interests as would under the pro- visions of the said act have made the owners thereof liable to the payment of the rent-charges mentioned therein if such act had been in force, and such rent-charges payable at the time when such composition accrued due. " VI. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. Vict. [Ir.] 2 & 3 c. 3. Certain provi- sions of 1 & 2 Vict. c. 109, relative to the remission of instalments, amended. Interpretation of certain words in this act. Act may be altered, &c. this session. XXXII. Stat. 2 & 3 Victoria, cap. v. A.D. 1839. "An Act for enabling the General Cemetery Company to raise a further Sum of Money ; and for amending the Act relating to the said Cemetery:' Stat. 2 & 3 Vict. cap. v. 1920 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 XXXIII. Stat. 2 & 3 Victoria, cap. vii. A.D. 1839. Vict. cap. vii. "J^n Act for the Sale of the Advowson of the Vicarage of Tetbury, in t/ie County of Gloucester." Stat. 2 & 3 XXXIV. Stat. 2 & 3 Victoria, c. 9. A.D. 1839. Vict. c. 9 "An Act for repealing part of an Act of the last Session of Parliament, intituled, An Act for suspending, until the first day of August, One thousand eight hun- dred and thirty-nine, and to the end of the then Session of Parliament, the Appointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories" 1 & 2 Vict. " Whereas by an act passed in the last session of parliament, intituled, * An Act c' 108' for suspending until the first day of August, One thousand eight hundred and thirty-nine, and to the end of the then Session of Parliament, the Appoint- ment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories,' it was, amongst other things, enacted as follows ; that is to say, that every bishop to whom any portion of another diocese shall have been transferred by any order in council under the provisions of the last recited act 6 & 7 Gul. 4, passed in the session held in the sixth and seventh years of the reign of his late c* " ■ majesty, thereby meaning an act intituled, * An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Reve- nues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' shall, during the visitation of such portion of his diocese so transferred, be assisted by his own chancellor or commissary, and attended by his own registrar ; and that during any such visitation the chancellor or commissary aforesaid shall, in the name of such bishop, and in conformity with the usages observed in such diocese, inhibit all inferior and concurrent jurisdictions, receive presentments, admit churchwar- dens to their office, issue marriage licences, grant probates of wills and letters of administration to the effects of intestates, and exercise in every respect the same jurisdiction which the chancellor or commissary of any preceding bishop has exer- cised in such portion of his diocese so transferred, pending the visitation of the diocesan, and the duration of any inhibition which may have issued in consequence of such visitation, anything in the last recited act to the contrary notwithstanding ; and that all acts which have been or shall be done by any chancellor or commis- sary so assisting such bishop as aforesaid shall be taken to be good and valid in law to all intents and purposes whatsoever : and whereas great inconvenience is likely to arise from the provisions aforesaid, and it is advisable that the same should be repealed, be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and corn- Certain part of mons in this present parliament assembled, and by the authority of the same, that recited act, from and after the passing of this act so much of the said recited act as is herein bishops' visita rec^ea* shall be and the same is hereby repealed, save and except as to any matter tions, repealed. or thing which shall have been done by any bishop, chancellor, commissary, or registrar, under the provisions of the said first-recited act, before the passing of this act." Stat. 2 & 3 XXXV. Stat. 2 & 3 Victoria, cap. xi. A.D. 1839. Vict. cap. xi. "An Act to enable the Rhymney Iron Company to erect and endow a Church in the Parish of Bedwelty, in the County of Monmouth." Stat. 2 Sc 3 XXXVI. Stat. 2 & 3 Victoria, c. 14. A.D. 1839. Vict. c. 14. "An Act for removing Doubts as to the Appointment of a Dean of Exeter, or of any other Cathedral Church " " Whereas by the statutes and customs of the cathedral church of Exeter, and of certain other cathedral churches, it is required that the deans of such chinches STATUTA VICTORIA. A.D. 1837—1844. 1921 respectively shall be appointed or elected out of the number of the prebendaries or Stat. 2 & 3 canons residentiary thereof : and whereas the deanery of the said cathedral church Vict. c. 14. of Exeter is now vacant, but by reason of the provisions of an act passed in the seventh year of the reign of his late majesty, intituled, ' An Act for suspending for 6 & 7 Gul. 4, one year Appointments to certain Dignities and Offices in Cathedral and Collegiate c- 67. Churches, and to Sinecure Rectories,' which act was and is continued by an act 1 & 2 Vict, passed in the last session of parliament, intituled, 'An Act for suspending until c" 108, the first day of August, One thousand eight hundred and thirty-nine, and to the end of the then Session of Parliament, the Appointment to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories,' doubts are entertained whether any collation to a prebend or any election to a canonry can be made in the present circumstances of the chapter of the said church : and whereas similar doubts may arise upon the vacancy of the deanery of any of such other churches as aforesaid; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that A prebend or nothing in either of the said acts contained shall during the vacancy of the deanery £an^|jrJ may of any cathedral church prevent any spiritual person from being collated or elected qUajj[fy f01?a or appointed to the prebend or to the canonry in such church held by the last dean deanery, not- thereof, for the purpose of qualifying such person to be appointed or elected dean withstanding thereof, but that such person shall, upon such collation, election, or appointment, tne Cathedral be a prebendary or canon residentiary of such church to all intents and purposes, Suspension11*8 and entitled to all rights, privileges, and emoluments to such prebend or canonry Acts, belonging or appertaining, subject nevertheless to such measures and regulations as may hereafter be enacted respecting the same." XXXVII. Stat. 2 & 3 Victoria, cap. xvii. A.D. 1839. Stat. 2 & 3 "An Act to enable the Trustees of the Estates devised by William Huhne, Esquire, lCT'caP-XYlu to appropriate certain Parts of the accumulated Fund arising from the said Estates towards the endowment of Benefices, the building of Churches, and for other Purposes" XXXVIII. Stat. 2 & 3 Victoria, c. 18(1). A.D. 1839. Stat. 2 & 3 "An Act to enable Archbishops and Bishops to raise Money on Mortgage of ^lCT' c* 18, their Sees, for the purpose of building and otherwise providing fit Houses for their Residence." XXXIX. Stat. 2 & 8 Victoria, c. 19. [Ireland.] A.D. 1839. Stat. 2 & 3 "An Act to amend' an Act of the sixth and seventh years of His late Majesty King °' 19' William the Fourth, for consolidating the Laws relating to the Presentment of Public Money by Grand Juries in Ireland, so as to enable the Grand Jury of the County of Waterford to make Presentments on account of the Fever Hos- pital of the said County, although situate in the County of the City of Water- ford." XL. Stat. 2 & 3 Victoria, cap. xx. A.D. 1839. Stat. 2 & 3 "An Act to enable the Mayor and Commonalty and Citizens of the City of London VlCT* cap' xx# to let and sell Parcels of Ground in Saint George's Fields, near Bethlem Hos- pital, to the Governors of the said Hospital." (1) This statute was repealed by Stat. 5 & 6 Vict. c. 26, s. 3, except as to the then sub- sisting mortgages. 6 G 1922 STATUTA VICTORIA. A.D. 1837-1844. Stat. 2 & 3 XLI. Stat. 2 & 3 Victoria, cap. xxi. A.D. 1839. Vict. cqu. xxi. "An Act for enabling the Keepers and Governors of the Possessions, Revenues, and Goods of the Free Grammar School of John Lyon, within the Town of Harrow-on-the-Hill, in the County of Middlesex, to grant Improving Leases of their Estates at Harrow and Barnet, and for other Purposes therein men- tioned." Stat. 2 & 3 XLIL Stat- 2 & 3 Victoria, c. 23. A.D. 1839. Vict. c. 23. "An Act to consolidate and amend the Laws for collecting and securing the Duties of Excise on Paper made in the United Kingdom." 44 Whereas the laws for collecting and securing the duties of excise on paper, buttonboard, millboard, pasteboard, and scaleboard, have become numerous and complicated, and it is expedient to consolidate and amend the same ; be it there- fore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that there shall be raised, levied, and collected, allowed, granted, and paid, the duties, allowances, and drawbacks of excise following; (that is to say,) " For all paper made and charged with duty in the United Kingdom which shall be used in the printing of any books in the Latin, Greek, Oriental or North- ern languages, within the universities of Oxford and Cambridge, or within the universities of Scotland, or the college of the Holy and Undivided Trinity of Queen Elizabeth, Dublin, by permission of the vice-chancellors, rectors, or principals or provost of the said universities respectively, or which shall be used in the printing of Bibles, Testaments, Psalm Books, Books of Common Prayer of the church of England, the book commonly called or known in Scotland by the name of 4 The Confession of Faith/ or the Larger or Shorter Catechism of the Church of Scotland, within the universities of Oxford and Cambridge, and Trinity college, Dublin, by permission of the vice-chancellors or provost of the same, or by the queen's printers in England, Scotland, and Ireland respectively, an allowance of one penny half-penny the pound avoirdupois. Regulations for obtaining the allowance of duty on books printed in the Latin, Greek, Ori- ental, or Northern languages, in the universi- ties. 44 XLIV. And be it enacted, that the allowance of the duty on paper used in the printing of books in the Latin, Greek, Oriental, or Northern languages, within the universities of Oxford and Cambridge, the universities of Scotland, and the university of Trinity college, Dublin, shall be made and allowed in manner follow- ing ; (that is to say,) the chief manager of the press in the said universities respec- tively shall, forty-eight hours before any such paper shall be begun to be printed, give to the proper officer of excise a notice in writing of the intention to print such paper, specifying the number of reams of paper and the title of the book intended to be printed, and of how many copies the edition is to consist ; and upon the attendance of the officer of excise all such paper shall be produced to him enclosed in the original wrappers in which the same was charged with duty, with the respective labels thereon, and the several matters hereinbefore prescribed to be marked, written, or printed and stamped on such labels and wrappers remaining thereon ; and such chief manager of the press shall provide sufficient scales and weights, and shall permit and assist such officer to use the same, and to ascertain the weight of such paper ; and within one month after the whole of such edition shall have been printed off such chief manager shall give to the proper officer of excise forty-eight hours notice in writing, specifying a day and hour when such edition will be ready to be produced to him, and thereupon such officer shall attend and examine and weigh the whole of such edition unbound and in sheets, and thereupon give to such chief manager a certificate of his having so done, specifying the name of the book, the size thereof, the number of copies of which the edition STATUTA VICTORLE. A.D. 1837—1844. 1923 consists, and the weight of the paper on which it is printed ; but if such weight shall exceed the weight of the paper taken account of by the officer previous to the printing, such last-mentioned weight shall be inserted in the certificate, and the allowance shall be made for no more. " XLV. And be it enacted, that the chief manager of the press in the said uni- versities respectively shall make and subscribe at the foot or on the back of such certificate as aforesaid, before the vice-chancellor, principal, or rector or provost of the university respectively, a declaration in writing setting forth that the whole of the edition of the book so printed was and is printed for the university for which the same expresses to be printed, and that no bookseller or other person had or hath any share or interest therein, or in the allowance payable in respect of the paper on which the same was or is printed. " XL VI. And be it enacted, that the allowance of the duty on paper used in the universities of Oxford and Cambridge, and in the university of Trinity college, Dublin, or used by the queen's printers in England, Scotland, or Ireland respectively, in the printing of Bibles, Testaments, Psalm Books, Books of Common Prayer of the Church of England, the book commonly known in Scotland by the name of 4 The Confession of Faith,' or the Larger or Shorter Catechism of the Church of Scotland, shall be made and allowed in manner following ; (that is to say,) the chief manager of the press of such universities respectively, or such queen's printers respectively, shall, forty-eight hours before any such paper is begun to be prepared for printing, give to the proper officer of excise a notice in writing of the intention to print such paper, specif}ring in such notice the number of reams of paper so intended to be printed, and whether the same is to be printed for Bibles, Testaments, Psalm Books, Common Prayer Books, Books of Confession of Faith, or the Larger or Shorter Catechism, of what size the intended impression or edition of such book is to be, and of how many copies the same is to consist ; and all the paper intended to be used shall, on the attendance of the officer of excise, be produced to him enclosed in the original wrappers in which the same was charged with duty, with the respective labels thereon, and the several matters hereinbefore prescribed to be marked, written, or printed and stamped on such labels and wrappers remaining thereon ; and such chief managers and queen's printers respectively shall provide good and sufficient scales and weights, and shall permit and assist the officer of excise to use the same, and to ascertain and take an account of the true quantity and weight of such paper ; and such chief managers of the press and such queen's printers respectively shall, within one month after the whole of such impression or edition shall have been printed off and finished, give to the proper officer of excise forty-eight hours notice thereof in writing, specifying a day and hour when such impression or edition will be ready to be produced to him, and thereupon such officer of excise shall attend, and inspect, examine, and weigh the whole of such edition unbound and in sheets, and shall thereupon give and deliver to such chief manager of the press or queen's printer, as the case may be, a certificate in writing of his having so done, specifying therein the name of the book, together with the size thereof, and the number of copies of which such impression or edition consists, and the weight of the paper on which the same is printed, but if such weight shall exceed the weight of the paper actually produced to and taken account of by the officer of excise previous to the printing thereof as aforesaid, then and in such case such last-mentioned weight shall be inserted in such certificate, and the allowance shall be made for no greater weight than the weight specified in such certificate. "XLVII. And be it enacted, that the chief manager of the press in the said universities respectively shall make and subscribe, at the foot or on the back of such certificate, before the vice-chancellor or provost of the university, a declara- tion in writing setting forth that no drawback or allowance has been before granted or paid on such paper, and that the whole of the edition of such book so printed is printed for the university for which the same expresses to be printed, and that no bookseller or other person had or hath any share or interest therein, or in the allowance payable in respect of the paper on which the same is printed ; and the 6 G 2 Stat. 2 & 3 Vict. c. 23. Declaration to be made by the chief manager of the press. Regulations for obtaining the allowance on paper used in printing Bibles, Testa- ments, &c. in the uni- versities of Oxford, Cam- bridge, and Dublin, or by the queen's printers. Declarations to be made by the chief ma- nager of the universities, and by the queen's printers. 1924 STATUTA VICTORIA. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 23. On production of the certifi- cate, with de- claration sub- scribed, to the commissioners of excise, they are to direct payment to be made. As to the allowances to be granted on books printed in Latin, Greek, Oriental, or Northern languages. Any house or place approved by the lords of the Treasury, and used by the queen's printer, to be deemed his ordinary printing house. Drawback not to be allowed on books in the Latin, &c. languages, nor on Bibles, &c. nor other books ex- ported by per- sons not being printers, &c. Penalty on fraudulently - btaining or endeavouring to obtain drawbacks. queen's printers in England, Scotland, and Ireland respectively, or the acting patentee in such office, shall make and subscribe, at the foot or on the back of such certificate, before the commissioners of excise, or such person as the commissioners of excise shall direct and appoint to receive the same, a declaration in writing setting forth that no drawback or allowance has been before claimed or paid for or in respect of the paper mentioned in such certificate, or any part thereof, and that the whole of such impression or edition of such Bible, Testament, Psalm Book, Book of Common Prayer, Confession of Faith, or Larger or Shorter Catechism, has been printed by him or them at his or their usual and ordinary printing house, on his or their own account, under and by virtue of the exclusive patent or privilege belong- ing to him or them as such queen's printer, and for his or their sole and entire benefit, profit, emolument, and advantage. " XLVIII. And be it enacted, that on the saLd certificates respectively, with such declaration as aforesaid made and subscribed thereon, being produced to the commissioners of excise, the said commissioners shall and they are hereby required, on being satisfied of the correctness thereof, to cause payment of the amount of the allowance appearing by such certificate to be due to be made to the chief manager of the press of the said universities respectively, or to such person as the vice-chan- cellor, principal, or rector or provost of the said universities respectively shall appoint to receive the same, or to such queen's printer by whom or on whose behalf such certificate shall be produced, as the case may be. " XLIX. And be it enacted, that no such allowance shall he granted or paid on any book in the Latin, Greek, or Oriental or Northern languages, unless such book shall be wholly printed in the Latin, Greek, Oriental, or Northern languages, as the case may be ; provided always, that it shall be lawful for the commissioners of her majesty's Treasury, if they shall see fit, to direct such allowance to be made and granted on any book partly in the Latin, Greek, or Oriental or Northern languages, and partly in the English or any other language. " L. And he it enacted, that every house, office, or place heretofore approved of or which may hereafter be approved of by the commissioners of her majesty's Treasury, in which the queen's printers in England, Scotland, and Ireland respec- tively shall have printed or may hereafter print, by themselves or their own bond fide agents, and not by others, and for their own sole and undivided interest, the whole of any impression or edition of any Bible, Testament, Psalm Book, Book of Common Prayer, Confession of Faith, or Larger or Shorter Catechism, shall be deemed and taken to be an ordinary and usual printing house of such queen's printer within the meaning of this act for entitling such queen's printer to the allowances aforesaid. " LIX. And be it enacted, that no drawback shall be allowed for or in respect of the paper of any hooks in the Latin, Greek, Oriental, or Northern languages, printed within the universities of Oxford and Cambridge, or the universities of Scotland, or Trinity college, Dublin, by permission of the vice-chancellors or prin- cipals or provost of the same respectively, nor for or in respect of any Bibles, Tes- taments, Psalm Books, or Books of Common Prayer, Confession of Faith, or Larger or Shorter Catechism, printed in the universities of Oxford or Cambridge, or Trinity college, Dublin, or by the queen's printers in England, Scotland, or Ire- land respectively, nor for or in respect of any other printed books exported by any person not being a printer or bookseller or stationer, or which have ever been before sold to any person not using or exercising the trade or business of a printer or bookseller or stationer. " LXII. And be it enacted, that every person who shall produce to any officer of excise or customs to be packed or shipped for exportation on drawback any paper, buttonboard, millboard, pasteboard, or scaleboard, or any books, not entitled to drawback under the provisions of this act, or who shall pack or ship for exporta- tion m drawback any such paper, buttonboard, millboard, pasteboard, or scaleboard, or books, or any articles, matters, or goods, other than the paper, buttonboard, mill- board, pasteboard, or scaleboard, or books, produced to the officer of excise to be packed, or who shall fraudulently remove, deposit, or conceal any paper, button- STATUTA VICTORIA. A.D. 1837—1844. 1925 board, millboard, pasteboard, or scaleboard, or books, with intent unduly to obtain Stat. 2 & 3 any drawback, or any higher amount of drawback than he would otherwise be VlCT- c- 23. entitled to, shall, over and above all other penalties which he may thereby incur, forfeit treble the amount of the drawback sought to be obtained, or two hundred pounds, at the election of the commissioners of excise, and all such paper, but- tonboard, millboard, pasteboard, and scaleboard, or books, or other articles, matters, or goods, shall be forfeited, and may be seized by any officer of excise or customs." XLIII. Stat. 2 & 3 Victoria, c. 30. A.D. 1839. "An Act for apportioning the Spiritual Services of Parishes in which two or more Spiritual Persons have Cure of Souls generally throughout the Parish.'" " Whereas there are several benefices, in every of which more than one spiritual person is instituted or otherwise admitted to the cure of souls generally within the same : and whereas it would conduce to the spiritual good of the inhabitants if the cure of souls were apportioned between or among the said spiritual persons : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that from and after the passing of this act it shall be lawful for the bishop of the diocese in which any such benefice having more than one spiritual person instituted or otherwise admitted or licensed to the cure of souls generally within the same is locally situ- ated, from time to time to direct a decree, with intimation, to issue from the registry of the diocese, calling upon the spiritual persons instituted or otherwise admitted to the cure of souls, and upon the churchwardens or chapelwardens and other inhabitants of any such benefice, or any of them, to shew cause before the bishop in person, at a time and place specified in such decree, such time not being within one month from the service of such decree, and such place being within the diocese, why the spiritual duties of such benefice should not be apportioned between or among such spiritual persons in the manner and in the proportions spe- cified in such decree ; and if at the time and place appointed cause to the contrary be not shown to the satisfaction of the said bishop, it shall be lawful for him to issue an order in pursuance of and in conformity with such decree, or, if cause be shown, to withhold, amend, or vary such order, as to him may seem just and proper ; and every such order shall issue under the hand and episcopal seal of the bishop, and shall, on its being issued, be registered in the registry of the diocese ; and ever}'- such decree and order shall be served on every such spiritual person thereby affected, and on one of the churchwardens or chapelwardens of the bene- fice, by delivering to them a copy thereof, or leaving a copy at the house or legal residence of such spiritual person, churchwardens or chapelwardens, and on the inhabitants of the benefice, by affixing and leaving affixed a copy thereof on the doors of the several churches or chapels of such benefice ; and a copy of such order shall be deposited and preserved by the churchwardens of the parish or parishes within such benefice, or one of them, in the parish chest of every such parish, and be shown without fee to any parishioner requiring to see the same, at reasonable times ; and in case any such spiritual person shall refuse or neglect to comply with such order for the space of one month after such service, or if any such spiritual person shall at any time after such service refuse or neglect to perform the spi- ritual duties of the benefice in the manner and proportions in and by such order directed, then and in any or either of such cases it shall be lawful for the said bishop to proceed against such spiritual person so neglecting or refusing to comply with such order in the same manner as the bishop is empowered to proceed in the case of a spiritual person by reason of whose negligence the ecclesiastical duties of his benefice are inadequately performed : provided always, that any such spiritual person, or churchwarden, chapelwarden, or inhabitant, who shall have appeared to show cause against and who shall think himself aggrieved by any order made by any bishop in pursuance of the powers given to the bishop by this act may, within Stat. 2 & 3 Vict. c. 30. In benefices where there are more than one spiritual person insti- tuted to the cure of souls, the bishop may order an ap- portionment of spiritualduties, if no cause is shown to the contrary. Proceedings in case of neglect to comply with the order. Appeal. / 1926 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 thirty days from the service of such order, appeal against the same to the archbishop Vict. c. 30. of the province, and the archbishop shall hear and determine {\) such appeal, and{2) confirm, revoke, or vary such order, as to him may seem just and proper ; and if he shall revoke or vary the same, such revocation or variation shall he registered in the registry of the diocese, and be served, preserved, shown, and enforced as hereinbefore directed with regard to the original order ; and it shall be lawful for the archbishop, if he shall think fit, to order the appellant to pay the costs of such Notice of appeal : provided also, that in any case in which an appeal shall be interposed by appeal. any spiritual person, notice thereof shall forthwith be given, by or on hehalf of the bishop by whom the order appealed from shall have been made, to the churchwar- dens of the parish and to the spiritual persons having the cure of souls in such parish ; and all persons interested in such order shall be entitled to be heard before the archbishop to oppose the revocation or variation sought to be obtained by the original appellant from such order." Stat. 2 & 3 Vict. cap. xxxiii. XLIV. Stat. 2 & 3 Victoria, cap. xxxiii. A.D. 1839. 'An Act for altering and amending certain Acts relating to the Churches of Saint Mark, Saint Luke, and Saint Michael, in the Borough of Liverpool." Stat. 2 & 3 Vict. c. 47. Public houses to be shut on the mornings of Sundays, &c. Empowering the commis- sioners of police to regu- late the route and conduct of persons driving stage car- riages, cattle, &c. during the hours of divine service. XLV. Stat. 2 & 3 Victoria, c. 47. A.D. 1839. "An Act for further improving the Police in and near the Metropolis." " XLII. And be it enacted, that no licensed victualler or other person shall open his house within the metropolitan police district for the sale of wine, spirits, beer, or other fermented or distilled liquors on Sundays, Christmas day, and Good Friday, before the hour of one in the afternoon, except refreshment for tra- vellers. " LI. And be it enacted, that on the application of the minister or churchwar- dens of any church, chapel, or other place of public worship within the metropo- litan police district to the commissioners of police, it shall be lawful for the said commissioners to make orders for regulating the route and conduct of persons who shall drive any cart or carriage, or who shall drive any cattle, sheep, pigs, or other animals, within such parish or place during the hours of divine service on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast or thanks- giving, and any orders which shall be so made shall be printed and affixed on or near the church, chapel, or place of public worship to which the same shall refer, and in some conspicuous places leading to and contiguous thereto, and elsewhere, (1) Hear and determine :— Where an act of parliament gives to any person a discre- tionary judicial power, it only confers an authority to act according to the rules of reason, law, and justice, and such a person cannot legally determine according to his mere private opinion; because, " discretio est discernere per legem, quod sit justum." (2) And:— The conjunction " and" cou- ples sentences together, so that former ad- verbs refer to all the verbs subsequent, in this way preventing repetition and tautology. But "and" is relative as well as copulative. Where R. devised one hundred sheep and ten bullocks, and 10/. quarterly, the second "and" in the sentence disjoins and severs the rent from the sheep and the bullocks. As in a case in the Year Books, where two were bound to stand to the arbitrament of " J. S. de omnib' actionib' personalibus, sectis etquerelis;" "personalibus" shall be referred to all; but if the words were " dc omnibus actionibus personalibus, et sectis et quere- lis," it shall be otherwise; for there the last "et" disjoins " querelis " from the whole first part of the sentence, and shall be taken generally without any reference to " per- sonalibus." 9 Edw. 4, 43 (b). "And" is not always to be taken conjunctively. It is sometimes, in the fair and rational construc- tion of a statute, to be read, as if it were "or," and taken disjunctively and distribu- tively. In Creswick v. Rooksby, (2 Bulst. 47,) Mr. Justice Dodderidge said, "When the sense is the same, they are all one, and the words conjunctive and disjunctive are to be taken promiscue." Thus, the conjunc- tive recited in a declaration, instead of the disjunctive, where the recital answers the sense of the statute, is sufficient; for the statute, notwithstanding the variance, is truly recited. Waterhowe v. Keen, 4 B. & C. 200. Rex \.Marsack,bT R. 771. Dwarris on Statutes, 772. STATUTA VICTORIA. A.D. 1837-1844. 1927 as the commissioners of police shall direct ; and every breach of any such order shall be deemed a separate offence. " LXXIII. And be it enacted, that for every misdemeanor or other offence against this act for which no special penalty is hereinbefore appointed, the offender shall, at the discretion of the magistrate before whom the conviction shall take place, either be liable to a penalty not more than five pounds, or be imprisoned for any time not more than one calendar month in any gaol or house of correction within the jurisdiction of such magistrate." Stat. 2 & 3 Vict. c. 47. Penalty for offences for which no penalty is appointed. XLVI. Stat. 2 & 3 Victoria, c. 49 (1). A.D. 1839. Stat. 2 & 3 Vict. c. 49. "An Act to make better Provision for the Assignment of Ecclesiastical Districts to Churches or Chapels augmented (2) by the Governors of the Bounty of Queen Anne, and for other Purposes." "Whereas an act was passed in the fifty-eighth year of the reign of his majesty 58Geo.3,c.45. King George the Third, intituled, ' An Act for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed (1) Vide Stat. 3 & 4 Vict. c. 20; and Stat. 3 & 4 Vict. c. 60. (2) Churches or Chapels augmented: — Augmentations, extending Stat. 29 Car. 2, c. 8, for con- firming and perpetuating augmentations made by ecclesiastical persons to small vicarages and curacies, and for other purposes Bounty (Queen Anne's), making more effectual and) 43 Geo. 3, c. 107. enlarging the powers of the governors of J45 Geo. 3, c. 84. consolidating the offices of first-fruits, tenths,) and Queen Anne's bounty / Briefs abolished, and better provision made for the col-j lection and application of voluntary contributions for > 9 Geo. 4, c. 42. enlarging and building churches and chapels J Building, repairing, or otherwise providing of churches^, and chapels, and of houses for the ministers, and| the providing of churchyards and glebes, for pro- moting 1 & 2 Gul. 4, c. 45. & 2 Vict. c. 20. 43 Geo. 3, c. 108. EL E. E. B. >E. & I. Amended by |51 Geo. 3, c. 115. [52 Geo. 3, c. 161 for building and promoting the building of addi-1 ft tional churches in populous parishes f °* ' c* 5" s. 27. Amended by. 59 Geo. 3, c. 134. 3 Geo. 4, c. 72. 5 Geo. 4, c. 103. 7 & 8 Geo. 4, c. 72. 1 & 2 Gul. 4, c. 38. 2 & 3 Gul. 4, c. 61. 1 & 2 Vict. c. 107. 2 & 3 Vict. c. 49. 3 & 4 Vict. c. 60. Repealed, as to franking, by 7 Gul. 4 & 1 Vict. c. 32 And other provisions made by ( \ ?u„Li.& 1 Y}ct' c" 35 J I 2 & 3 Vict. c. 52. Building of chapels of ease in Ireland, making further) 7 & 8 Geo. 4, c. 43. provision for the, and for making perpetual cures . .. | 6 & 7 Gul. 4, c. 31. Amended by 2 & 3 Gul. 4, c. 67. Building commission prolonged for ten years 7 Gul. 4 & 1 Vict. c. 75. Amended by J J & J Vict. c. 107. ' y \ 2 & 3 Vict. c. 49. Corporations, enabling his majesty to grant new leases on) p former rents for the augmentation of ecclesiastical..../ °' C* to authorize the identifying of lands and other] possessions of certain ecclesiastical and! 2 & 3 Gul. 4, c. 80. collegiate corporations J Districts to churches or chapels augmented by the go-j vernors of Queen Anne's bounty, providing better! 2 & 3 Vict. c. 49. for the assignment of j Additional provisions made by 3 & 4 Vict. cc. 20 & (i0 E. E. 1928 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 49. 59 Geo. 3, c. 134. 3 Geo. 4, c. 72. 5Geo.4,c.l03. 7 & 8 Geo. 4, c. 72. 1 & 2 Gul. 4, c. 38. 2 & 3 Gul. 4, c. 61. 7 Gul. 4 & 1 Vict. c. 75. 1 & 2 Vict, c. 107. lGeo.l,c. 10. 1 & 2 Vict, c. 106. Repeal of so much of 59 Geo. 3, c. 134, as provides that certain district cha- pelries should not become benefices by reason of aug- mentation by Queen Anne's bounty; and in the fifty-ninth year of the reign of his said majesty King George the Third, intituled, 4 An Act to amend and render more effectual an Act passed in the last Ses- sion of Parliament, for building and promoting the building of additional Churches in populous Parishes and whereas another act was passed in the third year of the reign of his majesty King George the Fourth, intituled, 4 An Act to amend and render more effectual two Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes and whereas another act was passed in the fifth year of the reign of his said majesty King George the Fourth, intituled, 4 An Act to make further Provision, and to amend and render more effectual three Acts passed in the fifty-eighth and fifty -ninth years of His late Majesty, and in the third year of the Reign of His present Majesty, for building and promoting the building of addi- tional Churches in populous Parishes :' and whereas another act was passed in the seventh and eighth years of the reign of his said majesty King George the Fourth, intituled, 4 An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the first and second years of the reign of his late majesty King William the Fourth, intituled, * An Act to amend and render more effectual an Act passed in the seventh and eighth years of the Reign of His late Majesty, intituled, " An Act to amend the Acts for building and promoting the building of additional Churches in popu- lous Parishes :" ' and whereas another act was passed in the second and third years of the reign of his said late majesty, to render more effectual the aforesaid act passed in the fifty-ninth year of the reign of his majesty King George the Third : and whereas another act was passed in the first year of the reign of her present majesty Queen Victoria, intituled, ' An Act to prolong for ten years Her Majesty's Commission for building new Churches :' and whereas another act was passed in the first and second years of the reign of her said majesty Queen Victoria, intituled, 4 An Act to amend and render more effectual the Church Building Acts:' and whereas another act was passed in the first year of the reign of his majesty King George the First, intituled, 4 An Act for making more effectual Her late Majesty's gracious Intention for augmenting the Maintenance of the poor Clergy :' and whereas another act was passed in the first and second years of the reign of her said majesty Queen Victoria, intituled, 4 An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy and whereas it is expedient to explain and amend some of the provisions of the said several recited acts : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that so much of the said recited act passed in the fifty-ninth year of the reign of his said majesty King George the Third as provides that no district chapelry assigned to any chapel of ease or parochial chapel then already existing, or to any chapel built or which might thereafter he built or acquired under the powers of the said recited act passed in the fifty-ninth year of the reign of his said majesty King George the Third, or the herein before-recited act passed in the fifty-eighth year of the reign of his said majesty King George the Third, should become a benefice by reason of any augmentation of the maintenance of the curate by any grant or bounty under the provisions of any act or acts of parliament, or law or laws for augmenting small livings, shall be and the same is hereby repealed ; and that so Endowment of Portland chapel, Oxford chapel, and Wel-^ beck chapel, in the parish of St. Mary-le-bone, Mid- ! ^ ^ ^ j quj 4 c 59 E dlesex, Newborough church, Northamptonshire, and | * . , . . . also of a chapel on Sunk Island, in the Humber . . . .) Rates, exempting from poor and church, all churches,) 3^4 quj 4 c 30 E chapels, and other places of religious worship J . , . . . Society for building new churches incorporated 9 Geo. 4, c. 42. E. Repealed, as to franking, by 7 Gul. 4 & 1 Vict. c. 32.1 A , j « (7 Gul. 4 & 1 Vict. c. 33. >U.K. And other provisions made by ■! 2 & 3 c 52 J STATUTA VICTORLE. A.D. 1837—1844. 1929 much of the said recited act passed in the first year of the reign of his majesty King- George the First as provides that no rector or vicar of any mother church, or any other ecclesiastical person or persons having cure of souls within the parish or place where a church or chapel augmented by the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy shall be situate, or his or their successors, should by virtue of that act be divested or dis- charged from the same, but that the cure of souls, with all other parochial, rights and duties, (such augmentation and allowance to the augmented church or chapel as aforesaid only excepted,) should thereafter be and remain in the same state, plight, and manner as before the making of that act, shall be and the same is hereby repealed, with respect only to those churches or chapels which have been already or hereafter may be augmented, and for or to which district chapelries may have already been or may hereafter be assigned, under the provisions of the herein before-recited act passed in the fifty-ninth year of the reign of his said majesty George the Third : provided always, that unless and until such district chapelry be assigned the said provision shall remain in full force and effect as if this act had not been passed. " II. And be it further enacted, that in the case of any church or chapel which has already been or hereafter may be augmented by the said governors of the bounty of Queen Anne, and for or to which any district chapelry has already been or hereafter may be assigned, whether before or after such augmentation under the provisions of the said recited acts or some of them, such church or chapel from and after such augmentation, and the assignment of such district chapelry, shall be and is hereby declared to be a perpetual curacy and benefice, and the minister duly nominated and licensed thereto, and his successors, shall not be a stipendiary curate, but shall be and esteemed in law to be a perpetual curate, and a body politic and corporate, with perpetual succession, and may receive and take to him- self and his successors all such lands, tenements, tithes, rent-charges, and heredita- ments as shall be granted unto or purchased for him or them by the said governors of the bounty of Queen Anne, or otherwise; and such perpetual curate shall thenceforth have within the district chapelry so assigned as aforesaid sole and exclusive cure of souls, and shall not be in anywise subject to the control or inter- ference of the rector, vicar, or minister of the parish or place from which such district chapelry shall have been taken, any law or statute to the contrary notwith- standing. " III. And be it further declared and enacted, that it shall be lawful for the said commissioners for building new churches to assign a district chapelry to any church or chapel, with such consent as is required by the acts of the fifty-eighth and fifty-ninth years of his said majesty King George the Third respectively here- inbefore recited, or one of them, in the manner specified and directed in and by such several acts ; and it shall be lawful for the said governors of the bounty of Queen Anne to augment such church or chapel, either before or after such district chapelry has been formed or assigned, on the same terms, conditions, and regulations as are or may be in force concerning such augmentation. " IV. And be it further enacted, that every such church or chapel so augmented to which a district chapelry shall have been assigned as aforesaid, shall be subject to the provisions and regulations contained in the herein before-recited act of the fifty-ninth year of the reign of his said majesty King George the Third, touching the assignment of district chapelries, except so far as is by this act otherwise provided. "V. Provided always, and be it further enacted, that nothing herein contained shall alter or affect the provisions of the herein before-recited act passed in the first year of the reign of his majesty King George the First, which enact that all churches, curacies, or chapels which should at any time thereafter be augmented by the said governors of the bounty of Queen Anne should be perpetual cures and benefices, and tjiat the ministers duly nominated and licensed thereto, and their successors respectively, should be bodies politic and corporate, with perpetual succession and other privileges and capacities in the said act mentioned, but Stat. 2 & 3 Vict. c. 49. of so much of lGeo. l,c. 10, as provides that no incum- bent of the mother church of a parish in which an aug- mented church or chapel shall be situate shall be di- vested of cure of souls, ex- cept, &c. Any augmented church or chapel having a district to be a perpetual curacy, and the minister to be an incum- bent, with perpetual suc- cession, &c. and to have exclusive cure of souls within the district. Commissioners may assign districts in the manner speci- fied by the acts of 58 & 59 Geo. 3, and governors of Queen Anne's bounty may augment the churches or chapels. Such aug- mentations to be subject to the provisions of 59 Geo. 3, c. 134, touch- ing the assign- ment of dis- tricts. Provisions of 1 Geo. l,e. 10, which enact that all aug- mented churches, &c. shall be per- petual curacies, and the mini- sters, bodies politic, &c. not affected. 1930 STATUTA VICTORLE. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 49. For extending the provisions in 1 & 2 Vict, c. 106, for annexing isolated places to the conti- guous parishes, or making them separate I benefices. The scheme or modification may be made according to the regulation of the recited act, subject to the consent of the patron, notwithstand- ing vacancy of benefice. Who are to be considered patrons for such purpose. Where a sepa- that the same shall remain in full force and effect as if this act had not been passed. " VI. And whereas by virtue of the said act passed in the first and second years of the reign of her present majesty, intituled, 'An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy,' it is amongst other things enacted, that when with respect to his own diocese it should appear to the archbishop of the province, or when the bishop of any diocese should represent to the said archbishop, that any tithing, hamlet, chapelry, place, or district within the diocese of such archbishop, or the diocese of such bishop, (as the case may be,) might be advantageously separated from any parish or mother church, and either be constituted a separate benefice by itself, or be united to any other parish to which it might be more conveniently annexed, or to any other adjoining tithing, hamlet, chapelry, place, or district, parochial or extra-parochial, so as to form a separate parish or benefice, or that any extra-paro- chial place might with advantage be annexed to any parish to which it is conti- guous, or be constituted a separate parish for ecclesiastical purposes ; and the said archbishop or bishop should draw up a scheme in writing, (the scheme of such bishop to be transmitted to the said archbishop for his consideration,) describing the mode in which it appeared to him that the alteration might best be effected, and how the changes consequent on such alteration in respect to ecclesiastical jurisdiction, glebe lands, tithes, rent-charges, and other ecclesiastical dues, rates, and payments, and in respect to patronage and rights to pews, might be made, with justice to all parties interested ; and if the patron or patrons of the benefice or benefices to be affected by such alteration should consent, in writing under his or their hands, to such scheme, or to such modification thereof as the said archbishop might approve, and the said archbishop should, on full consideration and inquiry, be satisfied with any such scheme or modification thereof, and should certify the same and such consent as aforesaid by his report to her majesty in council, it should be lawful for her majesty in council to make an order for carrying such scheme, or modifica- tion thereof, as the case might be, into effect ; and such order, being registered in the registry of the diocese, which the registrar was thereby required to do, should be forthwith binding on all persons whatsoever, including the incumbent or incum- bents of the benefice or benefices to be affected thereby, if he or they should have consented thereto in writing under his or their hands ; but if such incumbent or incumbents should not have so consented thereto, the order should not come into operation until the next avoidance of the benefice by the incumbent objecting to the alteration, or by the surviving incumbent objecting, if more than one should object thereto, and in such case the order should forthwith after such avoidance become binding on all persons whatsoever : and whereas it is expedient that the said provisions should be extended to cases notwithstanding the vacancy or vacan- cies of the benefice or benefices thereby to be affected ; and also that when by such order a separate parish for ecclesiastical purposes is constituted, the same should become a perpetual curacy and benefice, with cure of souls ; be it therefore enacted, that any such scheme or modification may be drawn up according to the regula- tions and directions in such act contained, subject to the consent in writing of the patron or patrons of the benefice or benefices to be affected thereby, under his or their hands, notwithstanding the vacancy of such benefice or benefices ; and it shall be lawful for her majesty in council thereupon to make an order for carrying such scheme, or modification thereof, as the case may be, into effect ; and such order, being registered in the registry of the diocese as directed by the said act, shall come into operation and shall be forthwith binding on all persons whatsoever, notwith- standing such vacancy or vacancies. "VII. And be it further enacted, that the provisions contained in the said last- reciteii act touching the party or parties who shall be considered patron or patrons, and the manner in which the consent of the patrons shall in certain cases be given, for the purposes of such act, shall apply to the consent of the patron or patrons hereinbefore last required to be given. "VIII. And be it further enacted, that when by any order of her majesty in STATUTA VICTORIA. A.D. 1837—1844. 1931 council as aforesaid a separate parish for ecclesiastical purposes is constituted, the same shall, on registration thereof, and with the consent in writing of the incum- bent or incumbents of the benefice or benefices to be thereby affected, become a perpetual curacy and benefice, and the minister thereof, duly nominated and licensed thereto, and his successors, shall be a body politic and corporate, with per- petual succession, and may receive and take to himself and his successors all such lands, tenements, tithes, rent-charges, and hereditaments as shall be granted unto him or them, and such perpetual curate shall thenceforth have, within the limits of the district parish formed under the Church Building Acts for the church of such perpetual curacy, sole and exclusive cure of souls, and shall not in anywise be sub- ject to the control or interference of the incumbent or incumbents of the benefice or benefices to be affected by such order, if he or they shall have consented to such order as aforesaid ; but if such incumbent or incumbents shall not have so con- sented thereto, this last-mentioned provision shall not come into operation until the next avoidance of the benefice by the incumbent objecting thereto, or by the surviving incumbent objecting, if more than one shall object thereto, and in such case the last-mentioned provision shall forthwith after such avoidance come into operation, and shall be binding on all persons whatsoever. " IX. And be it further enacted, that the powers granted by the hereinbefore recited act passed in the first and second years of the reign of her present majesty (chapter one hundred and seven) to her majesty's commissioners for building new churches, of making, with certain consents, any church or chapel the parish church of the parish within which the same is situate, instead of the ancient parish church, and of making such ancient parish church a district church or chapel, with or without a district, as the said commissioners shall in such case direct, shall not extend or be construed to extend to making any church or chapel now or here- after to be built and endowed under the powers of the last-mentioned act, or the hereinbefore recited act passed in the first and second years of the reign of his late majesty King William the Fourth, the parish church, nor to the making any church or chapel the parish church as aforesaid, the advowson, right of presenta- tion, or nomination of or to which shall belong to any other person or persons than to the patron of such ancient parish church, without the consent in writing under the hands of the patron or patrons and of the incumbent or minister of any such church or chapel herein mentioned. " X. And be it further enacted, that where a church or chapel has been built or purchased and endowed, and the patronage thereof granted under the provisions of the hereinbefore recited acts of the first and second years of the reign of his said majesty King William the Fourth, and of the first and second years of the reign of her present majesty, chapter one hundred and seven, or either of them, and where a particular district has been assigned to such church or chapel under the provisions of such first-named act, the minister or perpetual curate of such church or chapel shall have exclusive cure of souls within such district, and shall not be in anywise subject to the control or interference of the rector, vicar, or minister of the mother church of the parish or place out of which such district shall have been taken, any statute or law to the contrary thereof notwithstanding. " XI. And whereas it is by the said recited act passed in the first and second years of the reign of her present majesty, chapter one hundred and seven, enacted, that in all district churches and district chapelries the licence of the stipendiary curate appointed to serve the chapel of such chapelry shall not be rendered void by the avoidance of the church of the parish or district parish in which such chapel is situate, unless the same shall be revoked by the bishop of the diocese under his hand and seal : and whereas doubts exist as to the extent and meaning of such provision ; be it therefore enacted and declared, that the same shall apply to the licence of the stipendiary curate of a district chapelry and to the licence of the stipendiary curate of a district parish church. " XII. And whereas it is expedient to make provision for the more permanent security of the endowments and emoluments which shall have been or may here- after be provided for the use or benefit of any church or chapel, whether built, Stat. 2 & 3 Vict. c. 49. rate parish for ecclesiastical purposes is constituted by order in coun- cil, the same shall be a per- petual curacy with cure of souls within the district assigned to it by such order. Limiting the provisions in 1 & 2 Vict, c. 107, ena- bling the com- missioners for building new churches with certain con- sents, to make any church or chapel the parish church of any parish, and the parish church a dis- trict church or chapel. Minister of a district church or chapel to have exclusive cure of souls within such district. For removing doubts as to the extent and meaning of 1 & 2 Vict, c. 107, s. 13. Governors of Queen Anne's bounty may 1032 STAT U TA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 49. accept endow- ments for churches and chapels built under powers of the Church Building Acts ; and trustees of such endow- ments may assign them to the said go- vernors ; subject to consent. Money pro- vided for such endowments to be paid to the treasurer of the said governors, and his receipt to be a good discharge. Governors of Queen Anne's bounty may lay out at in- terest any pur- chase monies paid to them under the Act ] & 2 Vict, c. 23, and appropriate any surplus of such purchase monies to the benefice on account of which the monies shall have been re- ceived. acquired, or appropriated, or to be built, acquired, or appropriated under the authority of the said recited acts or of any of them, or under any other authority, or for the use or benefit of the incumbent of any such church or chapel, or of the spiritual person serving the same ; be it therefore enacted, that it shall and may be lawful for the said governors of the bounty of Queen Anne to accept, take, and hold any such endowments and emoluments upon the trusts and for the intents and purposes for which the same shall have been or may hereafter be given or granted by the person or persons providing the same, in like manner as any such endow- ments or emoluments may now be taken or held by any private trustees or trustee ; and it shall and may be lawful for any trustees or trustee of any such endowments or emoluments to assign and transfer the same to the said governors of the bounty of Queen Anne, to be held and applied by them upon the same trusts and for the same intents and purposes as the same previously to such assign- ment and transfer were held by such trustees or trustee ; provided always, that no such gift, grant, assignment, or transfer shall be made to the said governors of the bounty of Queen Anne until by an instrument in writing under their common seal they shall have signified their consent to accept the same. " XIII. And be it further enacted, that in all cases in which such consent of the said governors of the bounty of Queen Anne shall have been so given, the money provided for such endowments shall be paid to the treasurer for the time being of the said governors : and the receipt or receipts of such treasurer shall be effectual discharges or an effectual discharge for so much money as in such receipts or receipt shall be expressed, to the person or persons paying the same, and after obtaining such receipts or receipt the person or persons paying such money shall be absolutely discharged from all liability touching such money, and from all trusts relating thereto. " XIV. And whereas by an act passed in the first year of the reign of her pre- sent majesty, (chapter twenty- three,) intituled, 4 An Act to amend the Law for providing fit Houses for the Beneficed Clergy,' (an omission in which was supplied by another act passed in the same session of parliament, chapter twenty-nine,) it was enacted that the monies to arise from the sale or sales of the residence house, gardens, orchards, and appurtenances, and lands, belonging to any benefice by the said act under certain circumstances authorized to be sold, should be paid to the said governors of the bounty of Queen Anne, to be by them, with the consent of the ordinary and patron, applied and disposed of in or towards the erection or pur- chase of some other house and offices, or the purchase of an orchard, garden, and appurtenances, or land for the site of a house, any or either of them, together with land contiguous thereto, and not exceeding twelve acres, suitable for the residence and occupation of the incumbent of such benefice : and whereas the said act makes no provision for authorizing the said governors to lay out at interest the purchase monies which in any case shall be paid to them under the authority thereof, in the meantime and until such monies shall be applied and disposed of according to the directions of the said act, nor for the application of the surplus of such monies in case the same monies shall not be wholly applied and disposed of to the pur- poses contemplated by the said act ; be it therefore enacted, that it shall be lawful for the said governors and they are hereby required to lay out and invest the said purchase monies which shall from time to time come into their hands under and by virtue of the said act in the purchase of such stocks, funds, and securities, and at such rate of interest, as they shall think proper, and shall from time to time receive the dividends and interest which shall become payable in respect thereof, and add the same by way of accumulation to the principal, and so from time to time so long as the same shall remain in their hands, or until the same, or so much thereof as shall be required, shall have been applied and disposed of by the said governors in the manner and for the purposes in the said act mentioned ; and fur- ther, that in case, after the complete execution of the duty or trust imposed on the said governors by the said act of parliament, or of so much thereof as shall be in their power, any sum of money shall remain in their hands undisposed of, such surplus shall be appropriated by the said governors to the particular benefice on STATUTA VICTORIA. A.D. 1837—1844. 1933 account of which the same shall have been received, and shall be applicable and disposable by them for the benefit of such benefice, in such and the same manner, and with such and the same powers of investment, and other powers and authori- ties in all respects, according to the rules and regulations of the said governors for the time being, as if the said monies, or the stocks or funds which might be pur- chased therewith, had been appropriated by the said governors to such benefice out of the general funds and profits of the said governors, or otherwise, for the benefit and augmentation thereof. " XV. And whereas some of the lands and hereditaments which were formerly purchased by the governors of the said bounty, or were otherwise appropriated or annexed, by or with the consent or concurrence of the said governors, to particular benefices, for the augmentation thereof, are situate at an inconvenient distance from the benefices to which they respectively belong, and in such and some other special cases a sale of the lands and hereditaments which have been or may here- after be so appropriated or annexed may be deemed advantageous ; be it therefore enacted, that in every case where any lands or hereditaments which, in conse- quence of any purchase, allotment, benefaction, donation, or exchange, or otherwise howsoever, shall have been appropriated or annexed to any benefice for the aug- mentation thereof, by or with the concurrence of the said governors of the bounty of Queen Anne, are situate elsewhere than within the parish or parishes of such benefice, or some adjoining parish or parishes, it shall be lawful for the incumbent of such benefice, (with the consent of the said governors of the bounty of Queen Anne, and of the ordinary and patron of such benefice, to be testified as herein- after mentioned,) absolutely to sell and dispose of the said lands or hereditaments, or any part thereof, to any person or persons whomsoever, either together or in parcels, and either by public sale or by private contract, for such sum or sums of money as to the said governors, ordinary, and patron shall seem fair and reasonable ; and upon payment of the purchase money for the same, as hereinafter directed, by deed indented, or in the case of any lands or hereditaments of copyhold or custom- ary tenure by surrender or other customary mode of assurance, to convey and assure the lands or hereditaments comprised in such sale unto and to the use of the purchaser or purchasers thereof, his, her, or their heirs, executors, administrators, or assigns respectively, or as he, she, or they shall direct or appoint ; provided always, that the consent of the said governors, patron, and ordinary to every such sale shall be testified by their respectively executing the deed or other assurance by which the lands or hereditaments comprised in such sale shall be conveyed or assured ; except that in the case of any lands or hereditaments of copyhold or cus- tomary tenure which shall be conveyed or assured by surrender such consent may be testified by any writing under the corporate seal, or the hand and seal, (as the case may be,) of each of the consenting parties, which writing shall be produced to the lord or steward of the manor of which the said premises shall be holden, and shall be a sufficient authority to him for accepting from the incumbent and other necessary parties a surrender of the same premises, and such writing shall be entered with the surrender upon the court rolls of the said manor. " XVI. And be 'it further enacted, that in every case where any lands or here- ditaments which shall have been so appropriated or annexed to any benefice as aforesaid shall be situate within the parish or parishes of such benefice, or some adjoining parish or parishes, but on account of any special circumstance or circum- stances a sale of the said lands or hereditaments, or any part thereof, shall be deemed advantageous, it shall be lawful for the incumbent of such benefice, with the consent of the said governors of the bounty of Queen Anne, and of the ordi- nary and patron of such benefice, to be testified* as aforesaid, and with the further consent of the archbishop for the time being of the province in which such benefice is situated, to be testified in like manner, to sell and dispose of and convey and assure the said lands or hereditaments, or any part thereof, in such manner as is is hereinbefore directed or authorized with respect to any such lands or heredi- taments where the same shall not be situate within any such parish or parishes as aforesaid. Stat. 2 & 3 Vict. c. 49. Power in cer- tain cases and with certain consents to sell lands pur- chased for or annexed to benefices for the augmenta- tion thereof by the governors of the bounty of Queen, Anne. How consents to be testified. Power in cer- tain special cases to sell lands so pur- chased or annexed. 1934 STATUTA VICTORIA. AD. 1837—1844. Stat. 2 & 3 Vict. c. 49. Power of sale given by 1 & 2 Vict. c. 23, extended. Purchase monies to be paid to the governors of the bounty of Queen Anne : and to be by them appro- priated to the particular be- nefice on ac- count of which the same shall have been received, and to be subject, in regard to the application thereof, to all the powers, regulations, &c. of the said governors. Who are to consent as patrons. " XVII. And whereas it is expedient that the power which by the said act of the first and second years of the reign of her present majesty is given to the incum- bent of a benefice, with -the consent and approbation of the ordinary and patron thereof and of the archbishop of the province, to sell the residence house, gardens, orchard, and appurtenances belonging to his benefice, with land contiguous thereto, not exceeding twelve acres, should be extended and made applicable to other houses and buildings belonging to any benefice under the circumstances hereinafter men- tioned ; be it therefore enacted, that in any case in which any dwelling house, shop, warehouse, or other erection or building (other than the house of residence) belonging to any benefice shall be so old and ruinous as that it would be useless or inexpedient to expend money in repairing and maintaining the same, or for other good and sufficient reasons it shall be thought advisable to sell and dispose of the same, it shall and may be lawful for the incumbent of such benefice and he is hereby authorized and empowered, with the consent and approbation of the ordi- nary and patron thereof and of the archbishop of the province, to be signified in the manner prescribed by the last-mentioned act, absolutely to sell and dispose of such dwelling house, shop, warehouse, or other erection or building, with the yards, gardens, orchard, croft, and appurtenances thereto belonging, or any of them, to any person or persons whomsoever, either altogether, or in parcels, and for such sum or sums of money as to such ordinary, patron, and archbishop shall appear fair and reasonable, and upon payment of the purchase money for the same as hereinafter mentioned, by deed indented, or in the case of copyhold or customary hereditaments by surrender or other customary mode of assurance, to convey and assure the hereditaments which shall be so sold unto and to the use of the purchaser or purchasers thereof, his or their heirs or assigns, or as he or they shall direct or appoint. " XVIII. And be it further enacted, that the monies to arise from any sale or sales which shall be made under any of the provisions of this act shall be paid to the said governors of the bounty of Queen Anne, and that the receipts of the trea- surer for the time being of the said governors shall be sufficient discharges for the said monies, or for so much thereof as in such receipts respectively shall be expresssed to be received, and shall effectually release and exonerate the person or persons paying the same from all responsibility in respect of the application thereof ; and further, that no purchaser or purchasers shall be in anywise bound or con- cerned to ascertain or inquire whether any special circumstance or circumstances or reason or reasons shall exist on account of which any such sale or sales as aforesaid may be deemed advantageous or advisable, or whether such circum- stance or circumstances or reason or reasons shall be sufficient to authorize such sale or sales. " XIX. And be it enacted, that all the monies to arise from any such sale or sales as aforesaid, (subject nevertheless, in the case of any lands or hereditaments which shall have been appropriated or annexed to any benefice by or with the concurrence of the said governors of the bounty of Queen Anne, to any stipulation or agreement which the said governors' in their discretion may think proper to make for payment thereout of the costs and expenses of such sale or sales or any part thereof,) shall be appropriated by the said governors to the particular benefice to which the hereditaments comprised in such sale shall have previously belonged, and shall be applicable and disposable by them for the benefit and augmentation of such benefice in such and the same manner, and with such and the same powers of investment, and other powers and authorities, in all respects, according to the rules and regulations of the said governors for the time being, as if the said monies, or the stocks or funds which might be purchased therewith, were then originally appropriated by the said governors to such benefice out of the general funds and profits of the said governors, or otherwise, for the benefit and augmentation thereof. " XX. And be it enacted, that in any case in which upon the sale of any such lands or hereditaments as aforesaid the patronage of the benefice to which the same shall belong shall be in the crown, or the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, or the patron of STATUTA VICTORIA. A.D. 1837—1844. 1935 such benefice shall be a minor, idiot, lunatic, or feme covert, then and in every such case the consent required by this act on the part of the patron of such bene- fice shall and may be testified by the execution of such deed or assurance or other writing as aforesaid by such and the same persons as by the said act of the first and second years of the reign of her present majesty, chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein men- tioned or referred to ; and that in all other cases the consent required by this act on the part of the patron of any benefice shall be given by the person or persons who would be entitled to present or nominate or to collate to such benefice in case the same were actually vacant at the time of giving such consent. " XXI. And be it further enacted, that in the construction of so much of the act as relates to the sales of land and other hereditaments, and the application of the monies to arise therefrom, the word 'benefice' shall be taken to extend to and comprise all rectories with cure of souls, vicarages, perpetual curacies, and chapel- ries the incumbents of which respectively shall, in right thereof, be corporations sole. " XXII. And be it further enacted, that in any case under the hereinbefore recited acts, (except the act passed in the first and second years of her present majesty's reign, chapter one hundred and six,) or of this act, where the patronage of any rec- tory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall be in the crown, or the advowson and right of patronage thereof shall be part of the possessions of the duchy of Cornwall, or where the patron thereof shall be a minor, idiot, lunatic, or feme covert, then and in every such case the consent required by such acts on the part of the patron of any such rectory, vicarage, per- petual curacy, district parish chapelry, district chapelry, or place shall and may be testified in writing under the hands of such and the same persons as by the said act passed in the first and second years of the reign of her present majesty, chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein mentioned or referred to ; and that in all other cases the consent required by the said recited acts (except as aforesaid) and this act on the part of the patron of any rectory, vicarage, perpetual curacy, district parish cha- pelry, district chapelry, or place shall be given by the person or persons who would be entitled to present or nominate or to collate thereto in case the same were actually vacant at the time of giving such consent, except so far as it is by any of such recited acts or this act otherwise expressly provided for. " XXIII. And be it further enacted, that this act shall extend only to that part of the United Kingdom called England and Wales, and to the isle of Man, and to the islands of Guernsey, Jersey, Alderney, and Sark." Stat. 2 & 3 Vict. c. 49. Definition of the term "be- nefice." How consent of patron is in certain cases to be given under the recited act. To what places the act is to extend. XLVII. Stat. 2 & 3 Victoria, c. 53(1). A.D. 1839. "An Act to amend an Act of the last Session of Parliament for making tem- porary Provision for the Government of Lower Canada." " IV. And be it enacted, that from and after the passing of this act so much of the said recited act passed in the last session of parliament as provides that it shall not be lawful for any such law or ordinance as therein mentioned to repeal, suspend, or alter any provision of any act of the parliament of Great Britain, or of the parliament of the United Kingdom, or of any act of the legislature of Lower Canada, as then constituted, repealing or altering any such act of parliament, shall be and the same is hereby repealed : provided always, that it shall not be lawful for the said governor, with such advice and consent as aforesaid, to make any law or ordinance altering or affecting the temporal or spiritual rights of the clergy of the united church of England and Ireland, or of the ministers of any other reli- gious communion, or altering or affecting the tenure of land within the said pro- vince of Lower Canada, or any part thereof, save so far as the tenure of land may be altered or affected by any law or ordinance which may be made by the said (1) Vide Stat. 3 & 4 Vict. c. 35. Stat. 2 & 3 Vict. c. 53. Repeal of the provision of 1 & 2 Vict, c. 9, prohibit- ing the altera- tion of acts of parliament ; but no law to be made af- fecting the temporal or spiritual rights of ecclesiastics, or the law of tenure. 1936 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 53. Stat. 2 & 3 Vict. c. 55. 5 & 6 Gul. c. 30. 6 & 7 Gul. 4, c. 67. 6 & 7 Gul. 4, c. 77. governor, with such advice and consent as aforesaid, to provide for the extinction of any seignorial rights and dues now vested in or claimed by the ecclesiastics of the seminary of Saint Sulpice of Montreal within the said province, or to provide for the extinction of any seignorial rights and dues vested in or claimed by any other person or persons or body or bodies corporate or politic, within the island of Montreal, or the island called He Jesus, within the said province." XLVIII. Stat. 2 & 3 Victoria, c. 55 (1). A.D. 1839. "An Act to suspend, until the first day of August, One thousand eight hundred and forty, certain Cathedral and other Ecclesiastical Preferments, and the Ope- ration of the new Arrangement of Dioceses (2) upon the existing Ecclesiastical Courts:* " Whereas an act was passed in the session held in the fifth and sixth years of the reign of King William the Fourth, intituled, 6 An Act for protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales :' and whereas another act was passed in the following session, intituled, ' An Act for suspending for one year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories :' and whereas another act was passed in the same session, intituled, ' An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in (1) Partially repealed by Stat. 3 & 4 Vict. c. 113, s. 60. Vide etiam Stat. 4 & 5 Vict, c. 39, s. 28. (2) Ecclesiastical Preferments, and Arrangement of Dioceses: — Appointments to certain dignities and offices in cathedral j and collegiate churches, and to sinecure rectories, > 6 & 7 Gul. 4, c. 67. suspending for one year J Continued by. Commissioners' inquiries, for protecting the revenues of] vacant dignities, prebends, canonries, and benefices I cure of souls, and for preventing the lapse | with 7 Gul. 4 & 1 Vict. c. 71. 1 & 2 Vict. c. 108. 2 & 3 Vict. cc. 9 & 55. & 4 Vict. c. 113, s. 60. & 5 Vict. c. 39, s. 28. & 6 Vict. cc. 58 & 112. 5 & 6 Gul. 4, c. 30. E. thereof during Continued by. & 7 Gul. 4, c. 67. Gul. 4 & 1 Vict. c. & 2 Vict. c. 108. & 3 Vict. c. 55. & 4 Vict. c. 113, s. & 5 Vict. c. 39, s. & 6 Vict. c. 112. Commissioners' reports on the state of the established^ church, with reference to ecclesiastical duties and' revenues, so far as they relate to episcopal dioceses, j revenues, and patronage, for carrying into effect — J Certain expiring provisions continued by and repealed in part by 6 & 7 Gul. 4, c. 77. 7 Gul. 4 & 1 Vict, c 1 & 2 Vict. c. 108. 2 & 3 Vict. c. 55. 1 & 2 Vict. c. 106. 3 & 4 Vict. c. 113. 4 & 5 Vict. c. 39. 5&6Vict.cc. 26,58, 6 & 7 Vict. c. 60. 71. 60. 28. 71 112. E. Dean of Exeter, or of any other cathedral church, for re-) moving doubts as to the appointment of / Preferments, relieving from penalties certain spiritual) persons and patrons of | rendering valid bonds, covenants, and other] assurances for the resignation of prefer- > ments in certain cases J suspending certain cathedral and ecclesiastical.... 2 & 3 Vict. c. 55 2 & 3 Vict. c. 14. 7 & 8 Geo. 4, c. 25. 7 & 8 Geo. 4, c. 25. 9 Geo. 4, c. 94. E. E. E. STATUTA VICTORIA. A.D. 1837—1844. 1937 England and Wales with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' in which latter act are contained certain provisions which were to continue in force for one year after the passing thereof, or, if parliament should be then sitting, until the end of the session of parliament : and whereas the said secondly-recited act, and the tempo- rary provisions of the said last-recited act, have been continued by two acts passed for that purpose in the two last sessions of parliament, until the first day of August in the present year, and, if parliament shall be then sitting, until the end of the session of parliament : and whereas the commission in the said first-recited act mentioned expired in consequence of the demise of the crown, but the inquiries thereby directed, and the measures consequent thereon, have not yet been brought to a termination, and it is therefore expedient to continue the said secondly-recited act, and the temporary provisions of the said thirdly-recited act, for a limited time, and with the exceptions hereinafter mentioned ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said secondly -recited act, and the said temporary provisions of the said thirdly-recited act, shall continue and be in force until the first day of August one thousand eight hundred and forty, and, if parliament shall be then sitting, until the end of the then session of parliament : provided always, notwith- standing anything in this act or in the said recited act contained, that upon the vacancy of any three prebends in the cathedral church of Canterbury in the patronage of the crown it shall be lawful for her majesty to appoint a successor to the third of such vacant prebends, and upon the vacancy of any two prebends in the same church in the patronage of the Lord Archbishop of Canterbury, it shall be lawful for the said archbishop to appoint a successor to the second of such vacant prebends; and that upon the vacancy of any two canonries or prebends residentiary in either of the cathedral churches of Bristol, Chester, Ripon, Salis- bury, or Wells, it shall be lawful to appoint or elect a successor to the second of such vacant canonries or prebends residentiary in such churches respectively ; and that upon the vacancy of two prebends in either of the cathedral churches of Gloucester, Norwich, or Rochester, besides the prebends which are respectively annexed to the masterships of Pembroke College in Oxford, and of Catherine Hall in Cambridge, the provostship of Oriel College in Oxford, and the archdeaconry of Rochester, respectively, it shall be lawful to appoint a successor to the second of such vacant prebends in such churches respectively ; and that upon the vacancy of any three canonries or prebends residentiary in either of the cathedral churches of Ely, Exeter, Winchester, or Worcester, or in the collegiate church of Saint Peter, Westminster, or in her majesty's royal free chapel of Saint George in Windsor, besides the prebend in the said church of Worcester which is annexed to the Lady Margaret's professorship of divinity in the university of Oxford, it shall be lawful to appoint a successor to the third of such vacant canonries or prebends residentiary in such churches respectively; and that nothing in the said recited acts or in this act contained shall prevent the appointment of the Reverend Henry Jenkyns, professor of Greek in the university of Durham, to the prebend in the cathedral church of Durham designed for him by the late William bishop of Durham, and now held by Richard Prosser, doctor of divinity, if the same shall become vacant ; and that upon the vacancy of any other three prebends in the same cathedral church, besides the fourth prebend, which is by an act passed in the second year of his late majesty's reign to be annexed to the archdeaconry of Durham, it shall be lawful to appoint a successor to the third of such vacant prebends ; and that in the same cathedral church, and in the said collegiate church of Saint Peter, West- minster, it shall be lawful to fill up any vacancy whereby the number of prebend- aries in such two last-mentioned churches respectively shall be reduced below the number of six ; and that when the canonry and prebend in the cathedral church of Hereford now held by Henry Charles Hobart shall become vacant, it shall be lawful to appoint a successor thereto. " II. And be it enacted, that during the vacancy of any dignity, prebend, 0 H Stat. 2 & 3 Vict. c. 55. 7 Gul. 4 & Vict. c. 71. 1 & 2 Vict, c. 108. Former sus- pension acts continued for a year. Exceptions. Patron of 1938 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 55. vacant sine- cure to be patron of any appendant benefice. First-recited act to apply to present and future vacan- cies. Proviso for visitations, &c. within new limits of dio- ceses. Not to prevent appointments to qualify for holding a deanery or canonry resi- dentiary. canonry, or benefice without cure of souls, which is now vacant under the provi- sions of the said recited acts, or which shall hereafter become vacant during the continuance of this act, the holder or incumbent of which respectively, if a suc- cessor had been duly admitted thereto, would have been in right thereof the patron of any benefice with cure of souls, the patron of such dignity, prebend, canonry, or benefice without cure of souls shall be considered for all legal purposes to be the patron for the time being of any such benefice with cure of souls. " III. And be it declared and enacted, that all the powers and provisions of the said first- recited act (except only so far as the same are varied by the said secondly- recited act) shall extend and apply to all dignities, prebends, canonries, and bene- fices without cure of souls which have become vacant since the fourth day of February in the first-recited act mentioned, or which shall become vacant during the continuance of this act, except only as to so much of the profits and emolu- ments of any prebend or canonry to which a successor has been or may be appointed under the said recited acts or one of them, or this act, as may have accrued or may accrue since or after the appointment of such successor. " IV. Provided always, and be it enacted, that, notwithstanding anything in this act or in the said recited acts contained, any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons in the places assigned to his jurisdiction and authority, under or by virtue of the enactments of the thirdly-recited act, and any bishop may consecrate a new church or chapel or a new burial ground within his diocese, as assigned under the provisions of the last-mentioned act. 2 & 3 "An Act to explain and amend the Acts for the Commutation of Tithes in VlcT- c- 62- England and Wales." " (3) Whereas an act was passed in the seventh year of the reign of his late majesty King William the Fourth, intituled, 'An Act for the Commutation of Tithes in England and Wales :' and whereas an act was passed in the first year of the reign of her present majesty to amend the recited act : and whereas an act was passed in the second year of the reign of her present majesty, intituled, 4 An Act to facilitate the Merger of Tithes in Land :' and whereas it is expedient to explain and amend the said acts in certain respects : be it therefore declared and enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in every case where any tithes or rent-charge shall On merger of have been or shall hereafter be released, assigned, or otherwise conveyed or dis- titiies or rent- posed of under the provisions of the said acts, or any of them, or of this act, for charSe' tbe (1) Appointment of the chaplain: — Prior mission; but the corporation still continued to Stat. 5 & 6 Gul. 4, c. 76, the city of Bath to elect one bailiff, who continued to be the was incorporated by the name of the mayor, keeper of the gaol, and appointed the gaoler, aldermen, and citizens of the city of Bath. In 1842, a new gaol and house of correction The charter contained the grant of a gaol, was built under the provisions of Stat. 7 and a limited criminal jurisdiction, to be Gul. 4 & 1 Vict. c. 71, to which the town exercised by the recorder and the corporate council had appointed a chaplain : it was justices, but not extending to felonies. It held, that the right to appoint the chaplain of also authorized the mayor, aldermen, and the new gaol and house of correction, under citizens annually to elect two of themselves Stat 2 & 3 Vict. c. 5G, s. 15, was in the to be bailiffs of the said city, and directed town council, by virtue of their authority to that the bailiffs for the time being should be appoint the keeper of the prison, and not in keepers of the gaol of the city. After the the borough justices. Regina v. Bath and passing of the Municipal Corporation Act, Wells {The Bishop of), 1 D. & M. 173. the new corporation received the grant of (2) Vide Stat. 3 & 4 Vict. c. 15. a separate court of quarter sessions, with (3) Vide Stat 6 & 7 Gul. 4, c. 71, s. 71 ; power to try felonies, and certain persons Stat. 7 Gul. 4 & 1 Vict. c. 69 ; and Stat. 1 were appointed justices for the city by com- & 2 Vict. c. 64 6 H 2 1940 STATUTA VICTORLE. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 62. charges thereon to be charges on lands. Power for spe- cial apportion- ment of such charge on lands being of three times the value of the charge. Name of each occupier, and sum charged on him, to be specified by assessor, on notice from owner. Power of spe- cial apportion- ment on tithes or rent-charge. Expenses of special appor- tionment to be borne by par- ties applying for same. Tithes and rent-charge of merging or extinguishing the same, the lands in which such merger or extinguish- ment shall take effect shall be subject to any charge, incumbrance, or liability which lawfully existed on such tithes or rent-charge previous to such merger to the extent of the value of such tithes or rent-charge ; and any such charge, incum- brance, or liability shall have priority over any charge or incumbrance existing on such lands at the time of such merger taking effect ; and such lands, and the owners thereof for the time being, shall be liable to the same remedies for the recovery of any payment and the performance of any duty in respect of such charge, incumbrance, or liability, or of any penalty or damages for nonpayment or nonperformance thereof respectively, as the said tithes or rent-charge, or the owner thereof for the time heing, were or was liable to previous to such merger. "II. And be it enacted, that every person entitled to exercise the powers for merger of tithes or rent-charge in land under the said acts or any of them, or of this act, may, with the consent of the tithe commissioners for the time being under their hands and seal of office, and of the person to whom the lands in which such merger or extinguishment shall take effect shall belong, either by the deed or other instrument or declaration by which such merger shall be effected, or by any sepa- rate deed, instrument, or declaration, to be made in such form as the commisioners shall approve, specially apportion the whole or any part of any such charge, incum- brance, or liability affecting the said tithes or rent-charge so merged or extinguished, or proposed to be merged or extinguished in such lands, upon the same or any part thereof, or upon any other lands of such person held under the same title and for the same estate in the same parish, or upon the several closes or portions of such lands, or according to an acreable rate or rates upon lands of different quality, in such manner and proportion, and to the exclusion of such of them, as the person intending to merge the same, with such consent as aforesaid, may by any such deed, instrument, or declaration direct : provided always, that no land shall be so exclusively charged unless the value thereof shall in the opinion of the said com- missioners be at least three times the value of the amount of the charge, incum- brance, or liability charged or intended to be charged thereon, over and above all other charges and incumbrances, if any, affecting the same. " III. And be it enacted, that the assessor or collector of any rate or tax shall, within forty days after the receipt of a notice in writing signed by any landowner or titheowner interested therein, specify in his assessment made for the purpose of collecting and levying such rate or tax the names of the several occupiers of tithes, lands, and tenements subject to such rate or tax, as well as the sum assessed on the tithes, lands, or tenements held by each such occupier. " IV. And be it enacted, that where the whole of the great tithes or the whole of the small tithes, or the respective rent-charges in lieu thereof, shall be lawfully subject to any such charge, incumbrance, or liability, and the person entitled to such tithes or rent-charge respectively shall be desirious of apportioning such charge, incumbrance, or liability respectively exclusively upon any part of such tithes or rent-charge, although such person has not the power or does not intend to merge the same under the said acts or this act, such person may, with the like consent of the said commissioners, and in such manner as they shall see fit and prescribe, and also with the consent of the bishop of the diocese, specially apportion such charge, incumbrance, or liability respectively upon any part or portion of the tithes or rent-charge respectively subject thereto, not being in the opinion of the said commissioners less than three times the value of the said charge, incumbrance, or liability, or of such part thereof as shall be so apportioned thereon, or intended so to be. " V. And be it enacted, that in every such case of special apportionment the costs and expenses of or incident thereto shall be borne by the party at whose instance the same shall have been made, and shall be recoverable as other costs of apportionments are recoverable under the provisions of the said recited acts or either of them, or of this act. " VI. And be it declared and enacted, that the provisions of the said acts and tli is act for merger or extinguishment of tithes or rent-charge instead of tithes in STATUTA VICTORLE. A.D. 1837—1844. the lands out of which ,such tithes shall have been issuing, or whereon such rent- charge shall be fixed, do and shall extend to glebe or other land, in all cases where the same and the tithes or rent-charge thereof shall belong to the same person in virtue of his benefice, or of any dignity, office, or appointment held by him . " VII. And be it enacted, that in every case of merger of tithes or rent-charge issuing out of land of copyhold tenure, and subject to arbitrary fine, it shall be lawful for the said commissioners, on the application of the owner of such land, to ascertain, by such ways and means as they shall think fit, the annual value of the tithes or rent-charge so merged or intended to be merged ; and the said com- missioners shall in such case cause to be endorsed on the deed, declaration, or other instrument effecting such merger a certificate under their hands and seal, setting forth such annual value so ascertained ; and in every case of future assessment of fine on the lands which before such merger were subject to such tithes or rent- charge, the parties entitled to such fine shall assess the same as if such lands were subject to the tithes or rent-charge of which the annual value shall be so endorsed ; and the production of such deed, declaration, or instrument of merger, or of a duplicate thereof, with such certificate endorsed, or of an office copy of such deed, declaration, or instrument and certificate endorsed thereon, shall be sufficient evidence of the annual value of such tithes or rent-charge. "VIII. And be it enacted, that, notwithstanding anything in the said acts or any of them contained, in any case where a parochial agreement for rent-charge or for giving land instead of tithes, or any compulsory award, has been duly con- firmed by the said commissioners, and it shall appear to them, at any period before the confirmation of the apportionment of such rent-charge, that by reason of fraud, or by the omission or insertion through error of the tithes or lands of any party thereto, or of the name of any person, whether as titheowner or landowner, who ought, or, as the case may be, who ought not, to have been party thereto, or any other manifest error, that such agreement or award would be unjust, and that if such fraud, omission, insertion, or other manifest error had not occurred the said commissioners would have come to a different conclusion in respect of such agree- ment or award, and would have declined to confirm or would have varied the same previous to such confirmation, it shall be lawful for the said commissioners, if they shall see fit, and in their sole discretion, but not otherwise, by a separate award to rectify such agreement or award in any of the matters aforesaid, in such manner as to them shall seem just ; and all the provisions and powers of the recited acts relating to compulsory awards shall be applied in every such case, in respect of the matter so dealt with, in as full a manner as if no such agreement or award had been made, or as if the same were made in respect of a separate district ; provided always, that in every such separate award the matter so dealt with, and the grounds on which the commissioners shall have seen fit to make the same, shall be recited or otherwise set forth in the draft thereof, in addition to the other particulars required by the said acts, or any of them, to be set forth in compulsory awards; and every such award shall, in the notice of meeting for hearing objections thereto, be called a separate award by way of supplement to the parochial agreement or award in the parish to which such separate award relates. " IX. And be it enacted, that it shall be lawful at any time before the con- firmation of any apportionment after a compulsory award in any parish, for the landowners and titheowners, having such interest in the lands and tithes of such parish as is required for the making a parochial agreement to enter into a parochial agreement for the commutation of Easter offerings, mortuaries, or surplice fees, or of the tithes of fish or fishing, or mineral tithes ; and all the provisions, condi- tions, limitations, and powers of the said recited acts or any of them, relating to parochial agreements, so far as the same shall in the judgment of the commis- sioners be applicable to the subject of the proposed commutation, shall be observed and applied in every such case as if no previous award had been made ; and every such agreement may fix the period at which the rent-charge to be paid under such agreement shall commence, but so nevertheless that the same and the subsequent payments thereof shall be made on some day fixed for the payment of the rent* Stat. 2 & 3 Vict. c. 62. glebe may be merged. Provision for deducting value of tithes and rent-charge from arbitrary lines in cases of merger in copyholds. 1 & 2 Vict, c. 64, s. 4. Power to make award by way of supplement to parochial agreement in cases of fraud, &c. Power after award to make parochial agreement, for Easter offer- ings, &c. 6 & 7 Gul. 4, c. 71. s. 90. 1942 STATUTA VICTORIA. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 62. Power to fix commence- ment of rent- charge. Fixed rent- charge may be substituted for contingent rent -charge on lands partially- exempt. 6 & 7 Gul. 4, c. 71, s. 71. Provisions of 6 & 7 Gul. 4, c. 71, ss. 43 & 71, for substi- tuting fixed rent-charge, extended to crown lands. charge awarded in such parish, and shall be recoverable from time to time by the means provided in the said acts or either of them for the recovery of the rent- charges in the said parish. "X.(l) And be it enacted, that it shall be lawful for the commissioners in any compulsory award, or by any supplementary award, in cases where the parties shall not have fixed the same by parochial agreement, as under the said secondly- recited act is provided, to fix, or where the commissioners shall not have so fixed for the landowners and titheowners having such an interest in the land and tithes of any parish as is required for making a parochial agreement to enter into a sup- plementary agreement for fixing, such sum as to them respectively shall seem fit to be paid in consideration of the time (if any) which may intervene between the termination of any previous agreement or composition for the payment of tithe and the time at which the rent-charge shall commence, either under such com- pulsory award or parochial agreement where the same shall have been previously made, and also for the said commissioners by their said award to fix, or for the landowners and titheowners having such interest in the lands and tithes of any parish as is required for the making a parochial agreement, at any time after such award, and before the confirmation of the apportionment, to enter into a sup- plementary agreement for fixing the period at which the rent-charge to be paid under such award shall commence, in like manner and subject in both cases to the like conditions as are provided in the secondly-recited act, enabling parties to agree to pay any such sum, or to fix the period at which any rent-charge shall commence. " XI. (2) And be it enacted, that where lands are exempted from the payment of tithes, or of rent-charge instead of tithes, whilst in the occupation of the owner of such lands, by reason of having been parcel of the possessions of any privileged order, it shall be lawful for the respective owners of the said lands and tithes or rent-charge, by the parochial agreement for the rent-charge, or by a supplemental agreement in cases where the parochial agreements or any award shall have been confirmed by the said commissioners, to be made in such form as the commissioners shall direct or approve, to agree to the payment, or for the commissioners in the case of a compulsory award, with the consent of the respective owners of the said lands and tithes, to award the payment of a fixed and continuing rent-charge, without regard to the change of occupation or manurance of such lands, equivalent in value, according to the judgment of the commissioners, to such contingent rent- charge; and such lands shall, from the date of the confirmation by the commis- sioners of such parochial agreement or supplemental agreement or award, as the case may be, or from such date as shall be fixed by the parties, with the approval of the said commissioners, in any such agreement or supplemental agreement, be subject to such fixed rent-charge instead of the contingent tithes or rent-charge to which such lands were subject previous to such agreement or supplemental agreement or award being made; and every such fixed rent-charge shall from such period respectively be paid and recoverable by the means provided in the said acts, in like manner as if the same had been the rent-charge originally fixed in any parochial agreement or award in respect of 'the said tithes. " XII. And whereas certain crown lands, by reason of their being of the tenure of ancient demesne or otherwise, are exempted from payment of tithes whilst in the tenure, occupation, or manurance of her majesty, her tenants, farmers, or lessees, or their under-tenants, as the case may be, but become subject to tithes when aliened or occupied by subjects not being tenants, farmers, or lessees of the crown, and doubts have arisen how far the provisions of the said first-recited act relating to lands heretofore parcel of the possessions of any privileged order, or in the nature of glebe, or otherwise in like manner privileged and partially exempt, are applicable to such crown lands ; be it declared and enacted, that all and every the said provisions of the said first-recited act do extend to such crown lands, and (1) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, ss. 10 & 11 ; and Stat. 3 & 4 Vict. c. 15, ss. 11, 12 & 13. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. and Stat. 3 & 4 Vict. c. 15, s. 14. STATU T A VICTORIA. A.D. 1337-1844. 1943 that the provision lastly in this act contained for substituting a fixed rent-charge Stat. 2 & 3 instead of a contingent rent-charge on lands partially exempt from tithes shall Vict. c. 62. extend and be applicable to such crown lands as aforesaid : provided always, that no such fixed rent-charge shall be substituted instead of such contingent rent- charge on such crown lands without the consent of the persons or officers who are by the said first-recited act respectively required to be substituted in cases of com- mutation of tithes where the ownership of lands or tithes is vested in her majesty. " XIII. (1) And whereas large tracts of land called Lammas Lands are in the Provision tor occupation of certain persons during a portion of the year only, and are liable to tlthe* of 1am- . , „ , , » , .-.it- • j ii j mas lands, &( the tithes of the produce of the said lands increasing and growing thereon during such occupation, and at other portions of the year are in the occupation of other persons, and in their hands liable to different kinds of tithes arising from the agist- ment, produce, or increase of cattle or stock thereon ; and by reason of such change of occupation such last-mentioned tithes cannot be commuted for a rent-charge issuing out of or fixed upon the said lands, and the said recited acts are thereby rendered inoperative in the several parishes where such lammas lands lie : and whereas the said acts are in like manner inoperative in certain cases where a personal right of commonage, or a right of common in gross, is vested in certain persons by reason of inhabitancy or occupation in the parish where any common may lie, or by custom or vicinage, but without having such right of common so annexed or appurtenant to or arising out or in respect of any lands on which any rent-charge could be fixed instead of the tithes of the cattle or stock, or their pro- duce, increase, or agistment, on such common, annexed to such personal right ; for remedy thereof be it enacted, that in every case where by reason of the peculiar tenure of such lands, and the change during the year of the occupiers thereof, or of such right of commonage, a rent-charge cannot, in the judgment of the said com- missioners, be fixed on the said lands in respect of cattle and stock received and fed thereon, or of the produce and increase of such cattle and stock, at such portion of the year as the said lands are thrown open, or where such right of commonage alone exists, it shall be lawful for the parties interested in such lands or commons and the tithes thereof in the case of a parochial agreement, or for the commissioners in the case of a compulsory award, in every such parochial agreement or award respec- tively, or by any supplemental agreement in the nature of a parochial agreement, * or by a supplemental award, as the case may be, where any parochial agreement or award has been already made, to fix a rent-charge instead of the tithes of such lammas land or commons, to be paid during the separate occupation thereof by the separate occupiers, in like manner as other rent-charges are fixed by the said acts or any of them, and to declare in such agreement or award, or supplemental agreement or award, as the case may be, such a sum or rate per head to be paid for each head of cattle or stock turned on to such lammas land or commons by the parties entitled to the occupation thereof after the same shall have been so thrown open, or by the parties entitled to such right of commonage as aforesaid ; and every such sum shall be ascertained and fixed upon a calculation of the tithes received in respect of such last-mentioned occupation or right for the period and according to the provisions for fixing rent-charges in the said recited acts, and shall be due and payable by the owner of such cattle or stock on the same being first turned upon such lands or commons, and shall be recoverable by the persons entitled thereto by distress and impounding of the cattle or stock in respect of which such sum shall be due, in like manner as cattle are distrained and impounded for rent, and be subject to the same provisions as to distress and replevin of the same as are by law provided in cases of distress for rent ; provided always, that nothing herein con- tained shall extend to lammas lands where no tithes or payments instead of tithes have been taken during the seven years ending at Christmas one thousand eight hundred and thirty-five, in respect of the cattle or stock received and fed thereon, or of the produce and increase of such cattle or stock at such portion of the year as the said lands are thrown open. M XIV. And whereas in certain cases of commons hereafter to be inclosed allot- Rent-charge (1) Vide Stat. 3 & 4 Vict. c. 15, s. 15. 1944 STATUTA VICTORLE. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 62. in respect of tithes of com- mon appurte- nant to be a charge on the allotments made in respect of the lands to which right of common attached. Recited acts extended to collegiate bodies, &c. notwithstand- ing restraining statute. 13 ESiz, c. 10. 6 & 7 Gul. 4, c. 71, s. 77, extended to corporate and collegiate bodies. Colleges and corporations aggregate may charge ex- penses on other lands than those in respect of which such expenses are incurred. For recovery of expenses of apportionment. Extension of merits may be made in respect of tenements and hereditaments to which a right of going on such common is appendant or appurtenant, the tithes whereof would be chargeable on the tenements or hereditaments in respect of which such allotments may be made, and such tenements or hereditaments aie not of themselves an adequate security for the rent-charge to be fixed in respect of such tithes ; be it therefore declared and enacted, that in every such case the rent-charge to be fixed instead of such tithes shall be a charge upon and recoverable out of any allotments to be in future made in respect of such rights, as well as upon such tenements or hereditaments in respect of which such allotments are made, and by the same ways and means as are provided for the recovery of rent-charges by the said acts or any of them, or this act. " XV. And be it declared and enacted, that all the provisions in the recited acts or any of them in any way relating to or enabling the pulling down or sale of barns and buildings generally used for housing tithes paid in kind, and the sale of the materials and the site thereof, either with or without any farm buildings or homesteads thereto belonging, and for the conveyance and delivery thereof, and for securing the consideration money for the benefit of the persons thereunto entitled; shall apply to and may be made available by any corporate body or person, whe- ther as trustees or otherwise, by any master and fellows of any college, dean and chapter of any cathedral or collegiate church, master or guardian of any hospital, parson, vicar, or any other having any spiritual or ecclesiastical living, being seised or possessed of any such barns or buildings, or the site thereof, notwithstanding anything in a certain statute made in the thirteenth year of the reign of Queen Elizabeth, for making void fraudulent deeds made by spiritual persons to defeat their successors of remedy for dilapidations, or in any other statute. " XVI. And be it declared and enacted, that so much of the said acts or any of them as enables any owner of a particular estate in lands or tithes to charge so much of the expenses of the commutation as is defrayed by him, or any part thereof!, and the interest thereon, upon the lands whereof the tithes are commuted, or upon the rent-charge to be received by him instead of such tithes respectively, shall in like manner extend and be applicable to and may be made available by any corporate body or person, master or fellows of any college, dean and chapter of any cathedral or collegiate church, master or guardian of any hospital, parson, vicar, or any other having any spiritual or other ecclesiastical living, and whether seised in fee or for a limited estate in such lands, tithes, or rent-charge, anything in the said statute of Queen Elizabeth, or any other restraining statute, or in the tenure by which such lands, tithes, or rent-charge respectively are holden, to the contrary notwithstanding, but so nevertheless that the charge upon such lands or rent-charge respectively shall be lessened in every year following such commutation by one twentieth part at least of the whole original charge thereon. " XVII. And be it enacted, that it shall be lawful for any ecclesiastical corpo- ration aggregate, or any collegiate body, with the consent of the said commissioners testified under their hands and seal, to charge with the amount of the expenses of commuting the tithes of any lands of which they are owners, or any part of such expenses, with interest thereon, on any other lands holden by them to the same uses or on the same trusts as the lands in respect of which such expenses were incurred, but so nevertheless that the charge upon such lands shall be lessened in every year following by one twentieth part at the least of the whole original charge thereon. " XVIII. (1) And be it enacted, that payment of the expenses of or incident to making any apportionment, or any other expenses which the said commissioners are authorized and may have ordered or may order to be paid by any owner of lands under and by virtue of the recited acts, or any of them, or this act, may be enforced by the same ways and means as payment of rent-charge in arrear may be enforced under the provisions of the said acts or either of them. "XIX. And be it enacted, that so much of the said first-recited act as (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 73, 74, 75, 81 & 82. STATUTA VICTORIA. A.D. 1837-1844. 1945 enables any landowner, either by parochial agreement or individually, to give land instead of tithes or rent-charge at any time before the confirmation of any instru- ment of apportionment, shall be and the same is hereby extended, and the powers and provisions for that purpose may be exercised in every such case at any time, as well after as before such confirmation of the apportionment as aforesaid, during the continuance of the commission constituted and with the consent of the com- missioners appointed and acting under the said first-recited act. " XX. And be it enacted, that in any case where any land shall have been or shall hereafter be taken by any ecclesiastical titheowner under any agreement for the commutation of any tithes, or for giving land instead of any rent-charge, under the recited acts, or any of them, or this act, such land shall upon the confirmation of such agreement vest absolutely in such titheowner and his successors, free from all claims of any person or body corporate, and without being thereafter subject to any question as to any right, title, or claim thereto, or in any manner affecting the same ; and the commissioners shall cause to be inserted in or endorsed upon every such agreement the amount of the rent-charge instead of which such land was given, and the lands upon which the same was chargeable ; and every person who if this act had not been made would have been entitled to recover any such land given instead of rent-charge, or any rents or profits issuing out of such land, shall be entitled to recover against the party or parties giving such land instead of tithes or rent-charge, his, her, or their heirs, executors, or administrators, by way of damages, in an action on the case, such compensation as he or she may be entitled to for any loss thereby sustained ; and such damages, and all costs and expenses awarded to the plaintiff in such action, shall forthwith attach upon and be payable out of the lands exonerated by such agreement. "XXI. (1) And be it enacted, that all agreements and other assurances which shall be made for the purpose of effecting the taking of land instead of rent- charge under the provisions of the said recited acts, or any of them, or this act, shall be valid and effectual for the purpose of vesting an estate of inheritance as to such lands in such ecclesiastical titheowner and his successors, notwithstanding the same be made by any corporation sole or aggregate, or any trustees or feoffees for charitable purposes, otherwise restrained from or incapable of making any such valid conveyance or assurance. " XXII. (2) And be it enacted, that the provisions and conditions of the said secondly-recited act, whereby the said commissioners are enabled to confirm any instrument of voluntary apportionment, although they shall not be satisfied of the accuracy of any map or plan annexed thereto, or that the several quantities of land specified in such apportionment or agreement are therein truly stated, shall extend to enable the commissioners, if they shall think fit, to confirm any compulsory apportionments to which any existing map or plan, agreed to be adopted at a parochial meeting, shall be annexed, although the said commissioners shall not be satisfied of the accuracy of such map or plan, or that the several quantities of land specified in such apportionment are truly stated in such map or plan. "XXIII. (3) And whereas in and by the said first-recited act the words land- owner' or * titheowner,' or 'owner of lands' or 'owner of tithes,' are defined to mean and include every person who shall be in the actual possession or receipt of the rents or profits of any lands or tithes, except (amongst other exceptions) any tenant for life or lives, or for years, holding under a lease or agreement for a lease on which a rent of not less than two-thirds of the clear yearly value of the pre- mises therein shall have been reserved, and that without regard to the real amount of interest of such person ; and in every case in which any tithes or lands shall have been leased or agreed to be leased to any person for life or lives, or for years by any lease or agreement for a lease on which a rent less than two-thirds of the clear yearly value of the premises comprised therein shall have been reserved, the person in receipt of such rent shall, jointly with the person liable to the payment thereof, be deemed for the purposes of the said act to be the owner of such tithes (1) Vide Stat. 3 & 4 Vict. c. 15, s. 17. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 12, (2) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 1 . 74 & 75. Stat. 2 & 3 Vict. c. 62. 6 & 7 Gul. 4, c. 71, ss. 29 & 62, for giving land in lieu of tithes. Lands taken by ecclesiastical titheowners in- stead of tithes to vest abso- lutely in them. Corporations, trustees, and feoffees to charitable uses, may convey lands. Apportion- ments may be confirmed, though com- missioners not satisfied of accuracy of maps. Expenses of apportionment to be borne in certain cases as commissioners may direct. 1946 STATUTA VICTORIA. A.D. 1837—1844. Stat. 2 & 3 Vict. c. 62. Award may be made of rent- charge to cer- tain owners of tithes by gene- ral description. or lands : and whereas certain allowances and expenses to surveyors and tithe- valuers necessary for making any award, and all other expenses of or incident to making an award, are by the said recited acts or some of them directed to be paid by the landowners and titheowners interested in the said award, in such propor- tion, time, and manner, as the commissioners or assistant commissioners- shall direct ; and the expenses of or incident to making any apportionment are by the said first-recited act to be paid by owners of lands in rateable proportions to the sums charged on the said lands in lieu of tithes by such apportionment : and whereas cases have occurred and may occur, where by reason of the rent reserved in certain leases or agreements for leases not being less than two-thirds of the clear yearly value of the premises thereby demised or agreed to be demised at the date or time of coming into operation of such leases or agreements, but which premises are, at the time of putting in force the provisions of the said recited acts, of improved yearly value, so that the rent originally reserved or agreed for is less than two-thirds thereof, but by the operation of the said recited words, as defined in the said first-recited act as aforesaid, such expenses, or a part thereof, would, under the said acts, be chargeable on the original lessor or original lessee, and not on the intermediate or sub-lessors or lessees whose beneficial interest in the said lands and tithes, or rent-charge in lieu of tithes, is proposed to be or has been dealt with under the said recited acts, or some or one of them, or this act : and whereas certain other cases have occurred and may occur in which it is expedient that the commissioners should be empowered to vary and fix the proportion of the expenses of apportionment, including therein the expenses of or incident to the map or plan annexed thereto, and the copies thereof, between the owners of the lands affected thereby, as such owners are defined in the said first-recited act as aforesaid, and according to such principles as to the said commissioners shall seem just and equi- table ; be it therefore declared and enacted, that, notwithstanding anything in the said acts or any of them contained, it shall be lawful for the commissioners, in such cases as they may deem it just and equitable, to order and direct that such expenses of or incident to any award, or any part thereof, shall be borne and paid in such proportion and manner, by and amongst the persons interested in the lands, tithes, or rent-charge respectively dealt with in such award, and that such expenses of or incident to any apportionment, or any part thereof, shall be borne and paid by and amongst the persons interested in the lands, in such proportions and manner respectively as the said commissioners shall direct ; and such expenses, and every or any part thereof, shall in every such case be recoverable in like man- ner as expenses, or the share thereof to be borne by any person, are or is recover- able under the provisions of the said first-recited act or this act. "XXIV.(l) And whereas in certain cases of compulsory award where tithes are held by one titheowner in different rights, or where by reason of owners of land having purchased or otherwise acquired such a beneficial interest in the tithes arising out of the same, for life or lives or for years, as under the said provisions of the said first-recited act requires that such persons respectively should be dealt with and distinguished in such award as joint owners with the lessor of or the person having the reversionary interest in such tithes, but great difficulties have arisen in distinguishing the sums payable to each such titheowner, as also in distinguishing the respective lands out of which the tithes accruing to any such titheowner, either as holding such tithes in different rights or as joint titheowner, arise, or whereon any several rent-charge should be awarded, and the completion of such award has been thereby impeded; be it therefore declared and enacted, that in any such case it shall not be necessary in any such award to distinguish the lands or award a several rent-charge to each such owner of the tithes by name, or otherwise to dis- tinguish such titheowner, but it shall be sufficient to award a gross rent-charge to such owner of tithes in different rights in respect of such tithes so held by him, or, as the case may be, to the original lessor of such tithes, or the person in whom the ultimate reversion thereof shall be, by his proper name and description, and in any (1) Vide Stat. 6 & 7 Gul. 4, c. 71, 88. 12, 21 & 50. STATUTA VICTORIA. A.D. 1837-1844. 1947 Commissioners may adjourn meeting with- out attending to adjourn. Provision for dividing the tithe of fruit plantations in certain cases. such case of joint ownership to the several persons claiming under him, and being Stat. 2 & 3 so respectively joint owners of such tithes, by such general terms and description Vict. c. 62. as to the commissioners or assistant commissioner making such award shall seem fit : provided always, that the name of each such titheowner, and the lands out of which his respective tithes, or the portion of such gross rent-charge instead of such tithes, shall respectively accrue or issue, shall be distinguished in the instrument of apportionment made in pursuance of such award ; and every such titheowner shall be as fully entitled to take, hold, and recover such portion of the rent-charge as shall be so apportioned in such instrument of apportionment, upon the several lands the tithes or rent-charge whereof are so held by him respectively, according to his respective term and interest in such tithes or the rent-charge, in as ample a manner as if such titheowner and lands had been respectively named and distin- guished in such award under the provisions of the said first-recited act. " XXV. And be it enacted, that it shall be lawful for the said commissioners to adjourn any meeting by notice in writing under their hands or the hands of any two of them, to be affixed and published in manner provided for notices in the said firstly-recited act, without any commissioner or assistant commissioner giving attendance for the purpose of making such adjournment. " XXVI. And be it enacted, that in case any of the lands in a parish the tithes whereof shall be in course of commutation under the provisions of the said first- recited act shall be orchards or fruit plantations, and notice in writing, under the hands of any of the owners thereof whose interest therein shall not be less than tw7o thirds of the whole of the orchards and fruit plantations in such parish, shall be given to the valuers or commissioners or assistant commissioner by whom any apportionment provided for by the said act shall be made at any time before the draught of such apportionment shall be framed that the tithes thereof should be distinguished into two parts, the amount which shall be charged by any such apportionment upon the several orchards and fruit plantations in such parish shall be distinguished into two parts accordingly, and the same shall be called the ordi- nary charge and the extraordinary fruit-charge ; and the extraordinary charge shall be a rate per imperial acre, and so in proportion for less quantities of ground, accord- ing to the discretion of the valuers or commissioners or assistant commissioner by whom such apportionment shall be made as aforesaid. " XXVII. And be it enacted, that all lands the tithes whereof shall have been commuted under the said act, which shall be situate within the limits of any parish in which an extraordinary fruit-charge shall have been distinguished as aforesaid at the time of commutation, and which shall be newly cultivated as orchards or fruit plantations at any time after such commutation, shall be charged with an additional amount of rent-charge per imperial acre equal to the extraordinary fruit- charge per acre in that parish : provided always, that no such additional amount shall be charged in respect of any plantation of apples, pears, plums, cherries, and filberts, or of any one or more of those fruits, during the first five years, and half only of such additional amount during each of the next succeeding five years, of such new cultivation thereof ; and that no such additional amount shall be charged in respect of any plantation of gooseberries, currants, and raspberries, or of any one or more of those fruits, during the first two years, and half only of such additional amount during each of the next succeeding two years, of such new cultivation thereof; and that no such additional amount shall be charged in respect of any mixed plantation of apples, pears, plums, cherries, or filberts, and of gooseberries, currants, or raspberries during the first three years, and half only of such additional amount during each of the next succeeding three years, of such new cultivation thereof. " XXVIII. And be it enacted, that all lands the tithes whereof shall have been Fruit planta- commuted as aforesaid, which shall be situated within the limits of any parish in tions when which an extraordinary fruit-charge shall have been distinguished as aforesaid, and jjisP1;jnted to which shall cease to be cultivated as orchards or fruit plantations at any time after fam addT- such commutation, shall be charged, after the thirty-first day of December next tional charge, following such charge of cultivation, only with the ordinary charge upon such lands. Newly culti- vated fruit plantations to be charged an additional sum. 1948 STATUTA VICTORIA. A.D. 1837-1844. Stat. 2 & 3 Vict. c. 62. Provision for mixed planta- tions of hops and fruit. "When land subject to rec- torial and vica- rial tithe, acreable rent- charge to be fixed. Provision for future mixed plantations. How the rent- charge for hops and fruit may be fixed in certain cases. Provision for giving effect to parochial agreements and proceed- ings thereon in certain cases of extraordinary charge. For the settle- ment of dis- " XXIX. Provided also, and be it enacted, that in case any lands within the limits of a parish in which an extraordinary fruit-charge shall have been distin- guished as aforesaid shall have been or shall at any time be planted with fruit, and also with hops, the same shall, during the continuance of such mixed plantation of hops and fruit, be liable to the extraordinary hop-charge only, or to the extraordi- nary fruit-charge only, payabie in respect of the same lands, not to both those charges ; and that the extraordinary charge to which the lands so planted shall be liable shall be the higher of the two for the time being. " XXX. And be it enacted, that where any land liable to any such extraordi- nary charge for the tithes of a mixed plantation of hops and fruit shall at the time of the commutation produce both rectorial and vicarial tithes payable to different persons the apportionment shall set out the same, distinguishing the amount of ordinary and extraordinary charge payable to each titheowner, and shall divide the whole acreable extraordinary charge between such titheowners, according to the quantity of land producing rectorial tithe, and the quantity producing vicarial tithe. " XXXI. (1) And be it enacted, that in all cases in which there shall be here- after mixed plantations of hops and of such fruit as aforesaid in any parish or district in which an extraordinary fruit-charge shall have been declared, the recto- rial and vicarial tithes whereof but for the commutation would have been payable to different owners, the extraordinary charge payable in respect of the tithes of such mixed plantation shall be divided between such owners in proportion to the extent of land occupied by that produce which would have paid tithes to each of them respectively : provided always, that payment of the share of each titheowner, when so ascertained, shall be taken to be subject to the provisions contained in the said first-recited act and in this act, for lessening the amount of extraordinary charge payable in respect of hop gardens and orchards respectively at the beginning of such cultivation. "XXXII. (2) And be it enacted, that for the purpose of fixing any charge for the tithes of hops or fruit, or of any mixed plantation as aforesaid, the commis- sioners may. if they see fit, assign the parish or lands in respect of which due notice shall have been given, requiring the tithes thereof to be separately valued, as required by the said first-recited act, or any part or parts of such parish or lands, as a district under the provisions of the said act, and may fix a charge upon such lands in respect of the tithes of hops or fruit as the rent-charge to prevail and to be esta- blished in respect of the same, without specific reference in the award to any other parish or lands, but having regard nevertheless to the general amount of composi- tions which they shall find to have prevailed in other parishes of a similar descrip- tion, and not to the money payments in the parish under consideration, or the value of the tithes in kind therein. " XXXIII. And be it enacted and declared, that the provisions of the said first- recited act for distinguishing rent-charges apportioned upon lands cultivated as hop grounds into two parts, and for relieving lands from and subjecting the same to an extraordinary charge when ceased to be cultivated, and when newly cultivated as such respectively, shall be held to extend to parochial agreements already or hereafter made, and to the proceedings consequent thereupon, and to the lands discharged from tithes by virtue thereof ; and that every such agreement and pro- ceeding, whereby any district has been or shall be assigned for establishing or distinguishing into two parts any rent-charge in respect of lands cultivated as aforesaid, shall be deemed valid, operative, and effectual for all the purposes of the said recited acts and of this act, and that every district assigned by virtue thereof shall be deemed a district duly assigned, and every rent-charge created thereby a valid rent -charge for the like purposes. "XXXIV. (3) And be it enacted, that in case there shall be any question between any parishes or townships, or between any two or more landowners, (1) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 42. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 40. (3) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 24 & 25; Stat. 7 Gul. 4 & 1 Vict. c. 69, ss. 2 & 3: and Stat. 3 & 4 Vict. c. 15, s. 28. STATUTA VICTORI/E. A.D. 1837-1844. 1949 touching the boundaries of such parishes or townships, or the lands of such land- owners respectively, or if such parishes or townships or landowners shall he desir- ous of having such boundaries ascertained or a new boundary line defined, it shall be lawful for the said commissioners, or any assistant commissioner, on the applica- tion in writing of a majority of not less than two thirds in number and value of the landowners of such parishes or townships in the case of parochial or township boun- daries, or on the like application of such two or more landowners in the case of boundaries between their lands, to deal with any dispute or question concerning such boundaries, and to ascertain, adjust, set out, and define the ancient boundaries between such parishes or townships or the lands of such landowners respectively, or draw and define a new line of boundary, as they may see fit ; and in every such case the powers and provisions of the said recited acts and of this act, so far as the same may, in the judgment of the said commissioners or assistant commissioner respectively, be applicable, shall extend and may be applied by them or him to such question ; and the boundary line so ascertained or newly defined by the said com- missioners or assistant commissioner shall thenceforward be the boundary line of and between such parishes, townships, or lands of such landowners respectively for all purposes whatsoever : provided always, that nothing in this provision contained shall extend to any boundary or part of a boundary being also the boundary line or part of the boundary line of any county, or to the boundary line of any copy- hold or customary land, unless the consent in writing of the lord of the manor whereof such land is holden to such application being dealt with by the said com- missioners or assistant commissioner shall have been first sent to them or him. for such purpose : provided also, that every such boundary line shall be duly set out and delineated on the map annexed to the schedule of appointment, or upon a separate plan to be attached thereto, with proper descriptions and references, show- ing in what respects such map so annexed to the apportionment is varied, and in what respect the several closes whereon any rent-charge is fixed are affected there- by ; and such map shall in every such case be deemed to be varied by such plan, and be as valid for all purposes as if the same had been originally drawn and sealed or certified by the said commissioners with such variation. " XXXV. (1) And be it enacted, that in every case in which any judgment or determination of the commissioners or of any assistant commissioner respecting the boundary of any parish, district, or lands shall have been or shall be removed into the court of Queen's Bench, it shall be lawful for the court to direct the trial of one or more feigned issues (2) upon such points as the court shall think fit, and also to Stat. 2 & 3 Vict. c. 62. putes as to boundaries. How questions of boundary removed before the Queen's Bench are to be dealt with. (1) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 3; and Stat. 3 & 4 Vict. c. 15, s. 28. (2) It shall be lawful for the court to direct the trial of one or more feigned issues: — In Regina v. Merson, (3 Q. B. 895,) it was held, that where an award has been made under the Tithe Commutation Acts, Stat. 7 Gul. 4 & 1 Vict. c. 69, and Stat. 2 & 3 Vict. c. 62, settling the boundary of a pa- rish, and is removed into the court of Queen's Bench by certiorari under sect. 3 of the for- mer act, the court will not, as of course, or- der a feigned issue under sect. 35 of the latter act, at the instance of a party dissatisfied. And where, on motion for a feigned is- sue, the attorney for the applicant stated, that he, the attorney, had examined several documents and witnesses concerning the boundary, and believed, from such examina- tion, that the commissioner had included in parish A. seventy acres of land belonging to parish B. , deposing also, that, as he was in- formed and believed, the applicant, as one of the inhabitants of B., and a large portion of the landowners of B. were desirious of trying by such issue the validity and accu- racy of the award, and whether the seventy acres were in A. or B.: it was held, that grounds were not shown on which the court, in its discretion, ought to direct an issue. Lord Denman observing: "In this case a certiorari has been obtained to bring before us the judgment of an assistant tithe com- missioner on a question of boundary between parishes. That judgment is delivered after examination on oath, public notice of the proceeding being first given to the parties in- terested, according to Stat. 7 Gul. 4 & 1 Vict, c. 69, s. 2, it is the result of a solemn inquiry, and is conclusive, unless removed by certio- rari under sect. 3. It is now assumed, that in case of such removal, the power exercised by the commissioner may be questioned by any person under almost any circumstances; for Mr. Erie's argument amounts to nothing, unless we are absolutely bound to grant an issue on the application of any person who feels dissatisfied with the judgment of the commissioner. But I think the power given to the commissioner is not so qualified. The act assumes, that he may do justice by his decision ; and, unless it be shown to us, that he has done wrong, we ought not to set it aside merely because a party expresses 1950 STATUTA VICTORIA A.D. 1837—1844. Stat. 2 & 3 direct who shall be the plaintiff or plaintiffs, and who shall be the defendant or Vict. c. 62. defendants on such trial, or determine the same in a summary manner, or other- wise to dispose of the question or questions in dispute, and to make such other rules and orders therein as to costs and all other matters as may appear to be just and reasonable. Commissioners " XXXVI. And be it enacted, that it shall be lawful for the said commissioners may award an(j for such assistant commissioner as aforesaid to order and direct that all reason- costs of inquiry C0S£S charges, and expenses already or hereafter to be incurred by any parties intobounda- . . . ' 8, . . . . . J , , «. v .j . K rjes< interested in or about any inquiry mto any boundary which the said commissioners or such assistant commissioner are or is authorized to settle, shall be borne and paid in such proportion and manner by and amongst the several other parties interested therein (as well those who shall have signed a request to the tithe com- missioners that the said commissioners should inquire into and settle such boun- daries, as every other person interested who shall, either personally, or by his or her counsel, attorney, or agent, appear upon such inquiry before the said commis- sioners or before such assistant commissioner) as the said commissioners or any such assistant commissioner shall direct ; and such costs, charges, and expenses, and every part thereof, shall in every such case be recoverable in the like manner as expenses or the share thereof to be borne by any person are or is recoverable by the recited acts or this act. This act to be « XXXVII. And be it enacted, that this act shall be taken to be a part of the ofk6 &&7 Gul nrst-recited act for the commutation of tithes in England and Wales, and of the 4 c 7 j ' secondly-recited act for amending the same, and of the said thirdly-recited act to facilitate the merger of tithes ; and that in the construction of this act, unless there be something in the subject or context repugnant to such construction, the several words used in this act shall have and bear the same interpretation as is given to such words respectively in the said recited acts or either of them ; and whenever a word importing the singular number or masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several Act may be matters or things as one matter or thing respectively, and the converse, amended or " XXXVIII. And be it enacted, that this act may be amended or repealed by repealed. any act passed in this session of parliament." Stat. 2 & 3 LI. Stat. 2 & 3 Victoria, cap. xcvi. A.D. 1839. "An. Act for establishing a General Cemetery for the Interment of the Dead in the Parish of Brighton, in the County of Sussex" xcvi. Stat. 3 & 4 LII. Stat. 3 & 4 Victoria, cap. vn. A.D. 1840 Vict. cap. vii. u^ ^ ^ amend an Act passed in the first year of the Reign of His late Majesty King George the Fourth, intituled, An Act for providing additional Burying Ground for the Parish of Saint Mary, Rotherhithe, in the County of Surrey ; and for enabling the Rector of the said Parish to grant Building Leases of the Glebe Lands belonging to the said Rectory ; and for other Purposes." Stat. 3 & 4 LIII. Stat. 3 & 4 Victoria, cap. viii. A.D. 1840. "V I C T • CAP* VII1 ' "An Act for establishing a General Cemetery for the Interment of the Dead in the City and Borough of Winchester, in the County of Southampton." dissatisfaction with it. This is not like a question of tithe, which lies between two parties, one of whom must necessarily be prejudiced. It may be here, that the boundary- is satisfactory to every person in the two parishes except a single individual. The only complaint is, that seventy acres are in- cluded in the wrong parish ; and how minute an interest is that, to disturb an arrange- ment affecting so many persons. If we have any discretion, this falls far short of the case which would induce us to interfere. From the affidavit we can collect only that, with- out inquiry, and without looking at the evi- dence given before the assistant commis- sioner, the party making this application believes his decision to be erroneous; a be- lief for which no reason is given, and I see none. I think that in granting an issue we should do what is arbitrary and wrong." STATUTA VICTORIA. A.D. 1837-1844. 1951 LIV. Stat. 3 & 4 Victoria, cap. ix. A.D. 1840. "An Act to amend and enlarge the Powers and Provisions of an Act passed in the twenty -eighth year of the Reign of His Majesty King George the Second, for building a Chapel in the Town of Wolverhampton, in the County of Stafford:9 Stat. Vict. 3 & 4 CAP. IX. LV. Stat. 3 & 4 Victoria, cap. xii. A.D. 1840. 'An Act to enable the Rector of Weybridge, in the County of Surrey, for the time being, to grant Building Leases of Lands in the said Parish belonging to the said Rectory. " Stat. 3 & 4 Vict. cap. xii. LVI. Stat. 3 & 4 Victoria, c. 13(1). [Ireland.] A.D. 1840. "An Act to amend an Act of the first and second years of the Reign of Her present Majesty, to abolish Compositions for Tithes in Ireland, and to substitute Rent- Charges in lieu thereof." " Whereas an act was passed in the session of parliament holden in the first and second years of the reign of her present majesty, intituled, ' An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-charges in lieu thereof;' and it is expedient to amend the said act ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in any petition to be presented under the said act by her majesty's attorney-general for Ireland to the court of Chancery or Exchequer in Ireland, or to the court of any assistant barrister or chairman, for the recovery of any arrears of tithe composition vested in her majesty under and by the opera- tion of the provisions of the said act, it shall be lawful to include all or any two or more of the persons in default who shall be named and distinguished in the sche- dule annexed to any memorial for relief presented to the lord lieutenant and privy council in Ireland under the said act as having such estates or interests as in the said act described in the lands charged with any composition due and in arrear ; and that the court to which any such application may be made by petition may from time to time proceed thereon as against any one or more of the persons therein named as defaulters who may appear to have had due notice thereof, although such notice may not be proved to have been given to any other or others of the persons named therein. " II. And be it enacted, that every order of either of the said courts of Chancery or Exchequer respectively made upon any petition, under the provisions of the said act or of this act, shall have, without enrolment, the force and effect of a decree, and shall be enforced by such writ of execution or other process as might be sued or issued to enforce any final decree or order of either of the said courts ; and every order made by any assistant barrister on any such petition preferred to him shall and may be enforced, and the amount thereof levied, by all such process as may be employed to enforce or carry into execution any decree pronounced or made upon any proceeding by civil bill by any such assistant banister or chairman under or by virtue of any statute heretofore made, or by any of the means in force before the passing of the said act, for the recovery of tithe composition. " III. And be it enacted, that in the case of any petition presented by the attorney-general to any assistant barrister or chairman under the said act, the period of notice of such petition required by the said act shall be computed to be fourteen days before the commencement of the general or quarter sessions at which such petition is intended to be preferred for the division in which the person in default shall reside ; anything in the said act contained to the contrary notwithstanding. " IV. And whereas it is desirable to make provision for the final distribution and dividend of the relief fund provided by the said act, without waiting the ter- Stat. 3 & 4 Vict. c. 13. [I*-] 1 & 2 Vict, c. 109. Any petition under the recited act may include all or any two or more persons in default named in the schedule to any memorial for relief pre- sented under that act; and the court may proceed there- on as to any who may ap- pear to have had due notice. Order of court to have effect of a decree without enrol- ment. What shall be the period of notice of pro- ceeding before the assistant barrister. Lord lieutenant of Ireland in (1) Vide Stat. 4 & 5 Vict. c. 39, s. 30. 1952 STATUTA VICTORLE. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 13. [In.] council, upon a statement of erroneous re- turn of arrears, may revise and correct the same. Interpretation clause. Act may be altered this session. mination of the proceedings which may be taken by the said attorney-general, and for that purpose it is necessary to ascertain and determine, within a reasonable time, in what cases only such proceedings may or should be taken : and whereas several persons who presented memorials for relief to the said lord lieutenant and privy council of Ireland under the said act have, since orders have been made thereupon by the said lord lieutenant and privy council, represented that they had erroneously returned therein arrears of tithe composition as owing to them by persons having such estates or interests in the lands subject thereto as made such persons liable to be sued for the same by her majesty's attorney-general, pursuant to the provisions of the said act ; be it therefore enacted, that it shall be lawful for any person who has presented any such memorial under the said act to lodge with the clerks of her majesty's privy council in Ireland, within one month from the passing hereof, a statement of errors, signed by him, of any arrears which may have been so erroneously returned by him in the said memorial, and of his reasons for believing that such error has been committed in the said memorial ; and it shall be lawful for the said lord lieutenant of Ireland in council to cause the said memo- rial and statement to be revised in such manner as shall seem proper, and after such revision to cause the memorial to be corrected as may be found necessary, and to declare the memorialist entitled to receive such dividend upon any monies origi- nally returned by him as due by persons having such estates or interests as afore- said as he would have been entitled to had not such errors been committed by him, and the memorialist shall receive such dividend accordingly : and it shall be lawful to and for the lord lieutenant of Ireland in council, after the expiration of the said period of one month, and on such correction of such memorial or memo- rials, to direct that so much of the relief fund created by the said act as shall be deemed necessary for the purpose shall be retained and set apart to provide for the payment of the costs, charges, and expenses attendant on the revision of the said memorial or memorials, and of any costs which may be incurred in the proceedings to be taken by the said attorney-general, and which may not be recoverable or recovered from the defendants in such proceedings, or payable out of any sum thereby recovered, and to direct that the residue of the said relief fund shall be forthwith paid over to and distributed among the several memorialists rateably and in proportion to the respective sums found to have been payable to them by per- sons not having such estates or interests ; and the said lord lieutenant shall there- upon certify to the commissioners of her majesty's Treasury the proportionate sum so payable to each memorialist, and they shall give the necessary directions for the payment thereof accordingly ; and if the sum which shall be so retained and set apart for defraying such costs and charges as aforesaid shall be found more than sufficient for that purpose, the balance thereof shall be paid over to the lord primate of Ireland and the venerable the archdeacon of Armagh, to the end that the same may be applied by them as they may think fit for the benefit of the widows and orphans of deceased clergymen of the established church Ireland. " V. And be it enacted, that the provisions made by the said act for the inter- pretation of certain words and expressions therein shall apply and extend to the like words and expressions in this act; and that by the expression * relief fund' shall be understood the monies paid or payable to the credit of the account opened at the bank of Ireland, and entitled c The Tithe Arrear Account,' pursuant to the provisions of the said act. " VI. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 3 & 4 LVII. Stat. 3 & 4 Victoria, c. 15. A.D. 1840. Vict c 15 "An Act further to explain and amend the Acts for the Commutation of Tithes in England and Wales." 6 & 7 GuL 4, " Whereas by an act passed in the seventh year of the reign of his late majesty c. 71, s. C7. Kin-? William the Fourth, intituled, ' An Act for the Commutation of Tithes in STATUTA VICTORIA. A.D. 1837—1844. 1953 England and Wales,' it is enacted, that from the first day of January next follow- ing the confirmation of any apportionment in any parish under the said act the lands of such parish shall be absolutely discharged from tithes, except as in the said act is provided in certain cases, and instead thereof there shall be payable to the person entitled to such tithes, and in that behalf mentioned in the said appor- tionment, a sum of money in the nature of a rent-charge issuing out of the lands charged therewith ; and by an act passed in the first year of the reign of her pre- sent majesty, intituled, 4 An Act to amend an Act for the Commutation of Tithes in England and Wales,' provision is made for the lands in a parish being discharged from tithes (except as in the said first-recited act is excepted) by agreement between the parties to any parochial agreement or supplemental agreement, from certain days preceding or following the confirmation of the apportionment, instead of the said first day of January next following such confirmation, but so that the first payment of the rent-charge be made and recoverable at the expiration of six calendar months from the time from which such lands are discharged from the payment of tithes ; and by an act passed in the last session of parliament the com- missioners appointed under the said first-recited act are enabled by their award, and the landowners and titheowners by supplemental agreement, in like manner to fix the period at which any rent-charge shall commence ; and whereas, after an agree- ment for or award of rent-charge has been made and confirmed by the said com- missioners, much delay is often occasioned in settling and adjusting the apportion- ment before the same can be confirmed by the commissioners; and, to avoid the loss of the proportion of tithes or composition for the period intervening between the expiration of any former agreement or composition and the commencement of such rent-charge, the titheowner is compelled to have recourse to taking tithes in kind, or to a suit in equity ; and in other cases, by reason of the lands so remain- ing subject to tithes, or composition for tithes, during such period, such tithes continue to be taken in kind, or may be so taken on the determination of any composition existing at the date of such agreement or award, notwithstanding that the parties have agreed for, or the commissioners awarded, the sum which under the provisions of the said acts ought to be taken as the permanent rent-charge payable instead of such tithes ; and great hardship is thereby occasioned, contrary to the spirit and intent of the said acts : and whereas it is expedient to make pro- vision for remedy thereof, and otherwise to explain and amend the said recited acts, in manner hereinafter mentioned : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in every case where an annual sum by way of rent- charge shall have been fixed in any parish, instead of the tithes of such parish, either by agreement or award, it shall be lawful for the said commissioners, by a declaration in writing under their hands and seal of office, or the hands of any two of them, at any period after the confirmation of any such agreement or award respectively, and before the confirmation of the apportionment to be made in respect of the rent-charge so fixed, upon the application in writing of any land- owner or occupier, and upon such security being given to the said commissioners as they shall in their discretion think sufficient for the due payment to the parties entitled thereto of such rent-charge from the day to be fixed in such declaration, to declare that the lands in such parish shall be discharged from the liability to payment or render of tithes, or composition or rent in the nature thereof instead of tithes, and that instead thereof the annual payment or rent-charge so fixed by any such award or agreement respectively shall be paid to the person entitled to the same by half-yearly payments, commencing and calculating from such day of dis- charge named in such declaration as aforesaid ; provided always, that the day to be fixed in such declaration of the said commissioners as aforesaid shall, in every case in which any agreement for a composition or rent in the nature thereof instead of tithes shall be in force at the time of making such application to them as aforesaid, be the day on which such composition or rent shall determine, and in every other case shall be either the first day of January, the first day of April, the G I Stat. 3 & 4 Vict. c. 15. 7 Gul. 4 & 1 Vict. c. 69, s. 11. 2 & 3 Vict, c. 62, s. 10 Power to de- clare lands discharged from tithes in certain cases after confirma- tion of the award or agree- ment for gross rent-charge. As to the time of commencing such rent- charge. 1954 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 15. Intermediate payments, &c. to be deducted. Leases of tithes granted before 25 th March not to be affected by this act. Notice of de- claration to be published. Provision for landowner paying esti- mated propor- tion of rent- charge in aid of security. first day of July, or the first day of October, either before or after the day on which the agreement or award fixing the amount of such rent-charge shall bear date, as to the said commissioners shall appear most just and equitable ; provided also, that when such period of discharge shall have been fixed to take effect from any of such days preceding the date of such agreement or award, the said commis- sioners shall cause due inquiry to be made, and shall allow and deduct from the first payment to be made under such security the value of any tithes which shall have been rendered in kind, and the amount of any payment in respect of tithes, or composition or rent as aforesaid, which shall have been made between such day and the date of such first payment of rent-charge. " II. Provided also, and be it enacted, that nothing in this act shall extend or be construed to extend to annul or make void any lease or leases of tithes granted before the twenty-fifth day of March and which shall end or determine on or before the first day of January next ; and that in any parish or place where such lease or leases shall have been granted as aforesaid, no tithepayer shall be at liberty to make the application hereby authorized to be made, until after the expiration of such lease or leases respectively, except in respect of lands the tithes whereof are not included in such lease. 44 III. And be it enacted, that the said commissioners shall, within ten days after the receipt of such application, cause notice thereof to be given to the tithe- owner to whom such rent-charge will be payable, and shall cause notice of such declaration to be twice published in some newspaper having circulation in the county where such parish is situated within twenty-one days from the date of such declaration, and from and after the expiration of such twenty-one days all the provisions of the said recited acts applicable to the rent-charge payable after the confirmation of the apportionment shall be applicable to the rent-charge payable by virtue of the provisions hereinbefore contained from the period fixed by any such declaration. " IV. And be it enacted, that if any owner of lands so discharged from such liability shall be desirous of paying in exoneration of such security, the proportion of rent-charge to which the whole of such lands, whether in his own occupation or in the occupation of any tenant, shall be liable, it shall be lawful for such owner to apply in writing to the valuer or valuers appointed to apportion such rent- charge, at any time after they shall have subscribed the declaration required in that behalf in the said first-recited act, and before the confirmation of the appor- tionment, and to demand of such valuer or valuers a statement of the probable amount of such proportion, and such valuer or valuers shall and he or they is or are hereby required to furnish the same accordingly, and shall distinguish therein the probable amount to which the whole of the lands in the occupation of any tenant under such owner would be liable ; and on receipt thereof such owner may cause a copy of such statement or an extract of such parts thereof as shall relate to the lands in the occupation of any tenant who, but for such declaration of discharge, would be liable to the render or payment of tithe in respect of such lands, to be served on such tenant by leaving the same at his usual place of abode, with an undertaking subscribed thereto by such owner to pay the amount set forth in such statement in aid or exoneration of such security ; and in every such case such tenant shall thenceforward be liable to pay to such owner, by way of additional rent, such estimated proportion at the half-yearly days of payment fixed in the award or agreement for payment of rent-charge ; and such owner shall be enti- tled to demand and recover the same as rent by all the usual remedies for recovery of rent in arrear, until the half yearly payment falling due next after the confirm- ation of the apportionment ; provided always, that it shall be lawful for any such landowner or tenant, at any time within six months after the date of such confirm- * ation, to apply to the said commissioners to take an account of the amount paid by any such tenant, and certify the amount of the difference, if any, between the amount so paid and the amount of rent-charge calculated as finally apportioned on such lands for the same period as such estimated amount has been paid, and if the rent-charge finally apportioned shall be greater than the amount so paid, it shall STATUTA VICTORLE. A.D. 1837—1844. 1955 be lawful for such owner to demand and recover the difference accordingly ; but if such tenant shall have paid more than the amount of such rent-charge, then it shall be lawful for such tenant, or (in case of his death) for his executors or administrators, to deduct the excess so verified as aforesaid from the next payment of rent accruing after the date of such certificate ; provided also, that in the event of the expiration or other sooner determination of the period of tenancy before the confirmation of the appointment, such excess shall be deemed a debt due to the tenant, his executors or administrators, and shall be recoverable in an action of debt to be brought against such landowner as aforesaid, or his personal repre- sentatives. " V. And be it enacted, that in every such case the production of such certifi- cate as aforesaid, or of an office copy thereof sealed or stamped with the seal of the said commissioners, shall be sufficient evidence of the right to recover or retain the amount or excess in payment which shall appear by such certificate to have been made by the landowner or his tenant respectively. " VI. (1) And whereas it may happen that a tenant, being an occupier of lands, who shall, by virtue of the provisions of the said first-recited act, be entitled to deduct the amount of any rent-charge from the rent payable by him to his land- lord, may be desirous of paying, in exoneration of such security as aforesaid, the proportion of rent-charge to which the lands in his occupation shall be liable ; be it enacted, that, upon the application in writing of any such tenant, the valuer or valuers shall, in like manner as aforesaid, furnish to such tenant a statement of the probable amount of such proportion of rent-charge as aforesaid, and on receipt thereof the tenant may cause a copy of such statement to be served on his land- lord by leaving the same at his usual place of abode, accompanied by a written notice of his intention to undertake the payment of such proportion of rent-charge as aforesaid ; and in case the landowner shall not, within twenty-one days after the service of such copy and notice, undertake, by some writing subscribed by him or his agent lawfully authorized, and served in like manner as aforesaid upon the tenant, to pay the amount set forth in such statement, it shall be lawful for the tenant to undertake the payment thereof, and from time to time to deduct the amount paid by him from his rent until the period at which the half-yearly pay- ment of rent-charge to be made next after the confirmation of the apportionment shall have become due ; provided always, that in every such case the provisions hereinafter contained for taking accounts between the person who shall have given such security as aforesaid and the owners of lands subject to the rent-charge shall be applicable to the case of every such landowner from whose rental such deduc- tions shall have been made as aforesaid. " VII. And be it enacted, that in every such case, if the person liable under such security shall not make due payment to the person entitled to the same accord- ing to the tenor of such security, it shall be lawful for the said commissioners from time to time, as and w hen any half-yearly payment of such rent-charge shall accrue, and the same or any part thereof shall remain unpaid for the space of twenty-one days from any day fixed for payment thereof, and notwithstanding execution shall have been previously issued in respect of any former arrears, to sue for and recover any such half-yearly payment, or so much thereof as shall from time to time remain unpaid in respect thereof, against the person liable under such security, by taking out a summons, returnable before a judge of any of the superior courts of common law, to compute what is due in respect of such rent-charge ; and it shall be lawful for any judge of such courts, on hearing the parties, or such of them as shall appear, and on production of such security, and proof by affidavit of the amount so due as aforesaid, and of the service of such summons on such person or on any occupier of any of the lands of such person in any such parish, by deli- very of the same personally, or by leaving the same at his place of abode, to order that it be referred to the masters of the court to compute what is due in respect of such security, and to tax the costs of such application, and all such orders shall Stat. 3 & 4 Vict. c. 15. Certificate of commissioners to be evidence of right of recovery of retainer. Provision for occupying tenant paying (in the place of his landlord) estimated pro- portion of rent-charge in aid of security. Provision for recovery of such rent- charge from persons giving security for same. (1) Vide Stat. 6 & 7 Gul. 4, c. 71, s. 80. 6 I 2 1956 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 15. Remedy for the landowner against whom execution has issued. Provision for taking ac- counts between the person giving security and the land- owners liable to contribute thereto. Period for which security to be available against such owners. If security insufficient, arrears may be recovered as if accruing after apportionment. Security to be free of stamp duty. have the effect of judgments in the superior courts of common law in like manner as rules of such courts, and execution may issue accordingly, and such security shall be available against such person liable under the same up to and including the half-yearly payment accruing due next before the confirmation of such appor- tionment, and shall be in full force notwithstanding any change in the party entitled to such rent-charge. " VIII. And be it enacted, that in every such case the said commissioners shall make due inquiry as to any payment of rent-charge made by any such person in respect of such security previous to the confirmation of the apportionment of such rent-charge, and shall indorse on such apportionment a certificate of such payment, and that the parties entitled to such rent-charge have been duly paid the amount thereof according to the tenor of such security ; and such person shall thereupon, after the confirmation of such apportionment, be entitled to recover the amount specified in such certificate as having been paid by him, against the lands of the said parish subject to such rent-charge, in the proportions fixed for payment of rent-charge by such apportionment, by distress and entry on such lands respec- tively, and shall have the like remedies or modes of recovery as are given to owners of rent-charge for recovery thereof in the said recited acts or any of them : provided always, that if the owner or occupier of any such lands shall have contri- buted to the payment of such rent-charge, or of any part thereof, or of the arrears thereof, under such security, or in exoneration thereof, it shall be lawful for him to take out a summons, returnable before any judge as aforesaid, to stay any proceed- ings taken by the person liable under such security as aforesaid, for the purpose of taking an account of what he shall have so contributed or paid in respect of such rent-charge or arrears ; and it shall be lawful for any judge as aforesaid to refer it to the masters of the court to take such account and make all just allowances between the parties ; and if, on taking such account, such owner or occupier shall be found to have paid his due proportion, or any amount exceeding the same, according to the proportionate amount of rent-charge fixed on such lands, then it shall be lawful for any judge as aforesaid to stay proceedings, and order payment, by the person liable under such security, of the amount, if any, so overpaid by such owner or occupier, as the case may require, and every such order shall have the effect of a judgment as aforesaid ; but if on taking such account the whole or any balance shall be found due from such owner or occupier, then it shall be lawful for such judge to allow the same against such owner or occupier, whose lands shall there- upon be liable to the repayment thereof, to the person liable under such security, and who shall be entitled to the said remedies in respect thereof accordingly ; and the cost of every such proceeding shall be in the discretion of the judge hearing the same, and shall be added to the amount found due on such order, if he shall see fit so to direct : provided also, that no such security shall be available by the per- son liable under the same against any such lands for more than two years' payment or arrear of such rent-charge, unless the said commissioners shall, previous to the expiration of two years from the date of such security, have enlarged the operation thereof for any period not exceeding twelve months, by indorsement thereon, under their hands or the hands of any two of them, and which they are hereby authorized to do if they shall so think fit. "IX. And be it enacted, that if such security shall be insufficient to meet the full amount of payments which shall accrue due in respect thereof, or the person liable under the same shall fail to make good the amount due thereon by the space of twenty-one days next after the date of the confirmation of the apportionment of such rent-charge, it shall be lawful for the person entitled to the benefit thereof to recover the same against the lands of the said parish subject to such rent-charge, in the proportions fixed in such apportionment, by the said remedies or modes of recovery given by the said recited acts, or either of them, in respect of rent-charge fixed under any confirmed apportionment, in like manner as if the amount so due and in arrear had accrued subsequent to the confirmation. " X. And be it enacted, that every security taken by the said commissioners, by virtue of the provisions of this act, and every assignment thereof, shall be free of stamp duty. STATUTA VICTORIES. A.D. 1837—1844. 1957 "XI.(l) And whereas by the lastly-recited act the said commissioners are empowered, by any award, or by a supplemental award, after a parochial agree- ment, in certain cases, and under certain provisions, to fix the sum to be paid in consideration of the time, if any, which may intervene between the termination of any previous agreement or composition for tithes and the time at which any such rent-charge shall commence ; and it is expedient to extend such power in manner hereinafter mentioned ; be it enacted, that it shall be lawful for the said commis- sioners, at any time before the confirmation of the apportionment of any rent- charge, to exercise the said powers so given to them for fixing the sum to be paid for such intervening time as aforesaid, by a supplemental award after an award. " XII. And be it enacted, that when any such sum shall be fixed to be paid in consideration of such intervening time as aforesaid, either by parochial agreement or supplemental agreement, or by award or supplemental award, the parties by and to whom such sum is to be paid, and the lands in respect of which the same shall be payable, as also the proportionate amount to be paid by each party, shall be specified and set forth in the instrument fixing such sum, or in the instrument of apportionment to be made in pursuance thereof ; and in default thereof such sum shall be payable by and to the parties and in the proportions fixed in such appor- tionment in respect of the rent-charge therein provided for. " XIII. And whereas by the said lastly-recited act the said commissioners are enabled by their award, and the titheowners and landowners by a parochial agree- ment after an aw^ard, are enabled to fix the period at which the rent-charge shall commence, and it is expedient to extend such power in manner hereinafter men- tioned ; be it enacted, that it shall be lawful for the commissioners, by supplemental award, to exercise the powers so given to them for fixing the period at which any rent-charge shall commence, as well after an award as after a parochial agreement, where the same shall not have been previously fixed by any such award or agree- ment, or by any supplemental award or agreement, under the said recited acts, or either of them, or this act : provided always, that where the said commissioners shall not have fixed that the period at wrhich any rent-charge shall commence shall be the first day of January next following the confirmation of the apportionment, such period shall be fixed by them on the first day of January preceding such con- firmation, or on the first day of April, the first day of July, or the first day of October preceding or following such confirmation, whichever of such days may happen nearest to the termination of any previous agreement or composition, or of any customary year of tithing in the parish or district to which such rent-charge shall relate : provided also, that when any period of commencement shall have been so fixed by the said commissioners in any award or supplemental award, or any day preceding the date thereof, the commissioners shall cause due inquiry to be made as to the value of any tithes rendered in kind, and the amount of any payment in respect of tithe which shall have been made, subsequent to such period of com- mencement, and prior to the first day fixed for payment of such rent-charge, and shall take into account and allow such value or amount to be deducted from such payment accordingly. " XIV. (2) And whereas by the said lastly-recited act powers are given to land- owners and titheowners, and also to the said commissioners, to substitute a fixed rent-charge in certain cases instead of a contingent rent-charge, where lands are partially exempted from the payment of tithes or rent-charge by reason of having been parcel of the possessions of a privileged order, and it is desirable to extend such powers in manner hereinafter mentioned ; be it enacted, that such power shall extend to all cases where, by reason of lands being partially exempted from the payment of tithes, by custom or otherwise, or by being subject to a shifting or leaping modus, or other customary payment, or rendered due only on certain con- tingencies, a contingent rent-charge has been already fixed, or would, according to the provisions of the said firstly-recited act, be fixed in respect of such lands ; and Stat. 3 & 4 Vict. c. 15. Extension of power to fix sum to be paid after determi- nation of com- position. Particulars to be specified as to payment of such sum. Extension of power to fix period for commence- ment of rent- charge. 2 & 3 Vict, c. 62, s. 10. Extension of powers to sub- stitute fixed rent-charge instead of contingent rent-charge. (1 ) Vide Stat. 2 & 3 Vict. c. 62, s. 10. & 71 ; and Stat. 2 & 3 Vict. c. 62, s. 11. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 43 1958 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 15. Extension of powers in respect of lam mas and common lands. Commissioners to give notice to proceed supplemental award. Extension of powers of con- veyance of lands to trus- tees and feoffees for parochial purposes. Power for parties to parochial agreement, and for commis- sioners, to declare the amount of extraordinary charge to be payable in respect of hop grounds, &c. it shall be lawful for the said commissioners, with such consent of both landowners and titheowners as in the said lastly-recited act is required in that respect, at any time before the confirmation of the apportionment of any rent-charge, by any award, or by a supplemental award, where an award or parochial agreement has been made before the passing of this act, or for the landowners or titheowners by a parochial agreement, or supplemental agreement where a parochial agreement or award has already been made in respect of such lands, to exercise such powers, in such man- ner and subject to the same conditions as are given by the said lastly-recited act in cases of lands formerly part of the possessions of a privileged order: provided always, and it is hereby declared, that nothing herein contained extends to cases of change of cultivation only, nor to cases of prescription relating to woodland. "XV.(l) And whereas by the said lastly-recited act certain provisions are made and powers given in respect of the tithes of lammas and common lands, which powers are to be exercised by the landowners and titheowners by parochial agreement, or by a supplemental agreement after a parochial agreement, and by the commissioners by compulsory award, or by a supplemental award after an award; be it enacted, that such provisions may be carried into effect and such powers exercised at any time before the confirmation of the apportionment of any rent-charge, by the landowners and titheowners by a supplemental agreement, after an award, or by the commissioners by supplemental award after a parochial agreement. "XVI. (2) And be it enacted, that in every case where it shall be the inten- tion of the commissioners to proceed in any parish under this act by supplemental award after a parochial agreement, either to fix the period of the commencement of such rent-charge, or to carry into effect the provisions and powers of the said lastly- recited act in respect of the tithes of lammas and common lands, they shall cause the like notice of their intention to be given in such parish as is required by the said first-recited act in the case of an award : and if at any time after giving such notice, and before the expiration thereof, any proceedings shall be had under the said recited acts, or either of them, or this act, by the landowners and titheowners 9 in such parish, towards making and executing any parochial agreement or supple- mental agreement in respect of the matters specified in such notice, the commis- sioners shall refrain from acting on the same until the result of such proceeding shall appear. " XVII. (3) And be it declared and enacted, that so much of the said lastly- recited act as relates to the vesting of an estate of inheritance as to any lands in any ecclesiastical titheowner and his successors, notwithstanding the same be made by any corporation sole or aggregate, or any trustees or feoffees for charitable purposes, otherwise restrained from or incapable of making any such valid convey- ance or assurance, extends to churchwardens and overseers, or to trustees or feoffees of parish property, or of property held by or vested in such trustees or feoffees for parochial or other uses or purposes in the nature of a parochial or public trust. " XVIII. (4) And be it enacted, that in any case where the parties to a paro- chial agreement, or the commissioners in the case of an award, shall have pro- ceeded, according to the provisions of the said recited acts, to ascertain and fix a rent-charge in any parish wherein any of the lands shall at the time of making such agreement or award be cultivated as hop-grounds or market gardens, and in case of proceeding by award when notice shall have been given that the tithes of any of the lands so cultivated should be separately valued, it shall be lawful for the said parties to declare in such agreement, or for the said commissioners to declare in such award, the amount of extraordinary charge per acre to be in future payable in respect of hop-grounds and market gardens respectively in such parish or any district therein ; and the rent-charge mentioned in every such agreement or award respectively shall, subject to the addition of such acreaole extraordinary charge, consist of the amount agreed for or awarded in respect of the tithes in such parish, (1) Vide Stat. 2 & 3 Vict. c. 62, s. 13. (2) Vide Stat. 2 & 3 Vict. c. 62, s. 13. (3) Vide Stat. 2 & 3 Vict. c. 62, s. 21. (4) Vide Stat. 6 8c 7 Gul. 4, c. 71, ss. 40 & 42; and Stat. 2 & 3 Vict. c. 62, ss. 26-33. A STATUTA VICTORI/E. A.D. 1837—1844. 1959 other than the tithes of the lands cultivated therein as hop-grounds and market gardens respectively, and the ordinary charge in respect of the lands so cultivated as hop-grounds and market gardens respectively added thereto : provided always, that no such extraordinary charge shall be payable in respect of any such hop- grounds and market gardens during the first year, and only half such extraordinary charge during the second year, in which they shall be newly cultivated as such, whether such new cultivation shall have commenced before or after the making of such parochial agreement or award as aforesaid. " XIX. And be it enacted, that it shall not be necessary to distinguish in any apportionment the amount of extraordinary rent-charge to be charged upon the lands of each individual landowner which shall be cultivated as hop-grounds, market gardens, orchards, fruit plantations, or mixed plantations of hops and fruit, provided that the acreable amount of extraordinary charge for all the lands so cultivated respectively in any district which shall have been assigned, or in any parish wherein any extraordinary rent-charge shall have been declared, previous to the confirmation of the instrument of apportionment, shall be inserted therein. " XX. And be it declared and enacted, that every half-yearly payment of rent-charge under the said recited acts or either of them, or this act, shall from time to time be regulated by the averages published under the provisions of the said first-recited act in the month of January next preceding every such half- yearly day of payment. " XXI. (1) And be it enacted, that, unless a majority in value of the owners of lands included in any apportionment shall, by writing under their hands, request the commissioners to omit the same, the instrument of apportionment shall distin- guish the amount or portion of rent-charge payable in respect of the several closes of the said lands, and such closes shall be laid down in the map or plan annexed to such apportionment : provided always, that nothing in this provision contained shall apply to any instrument of apportionment the valuers for effecting which shall have been appointed previous to the passing of this act ; and no such last- mentioned instrument of apportionment shall be deemed invalid if made in con- formity with the instructions given to the valuers for making the same, although the amount of rent-charge payable in respect of the several closes of land shall not have been distinguished therein, nor such closes laid down in the map or plan annexed thereto. " XXII. (2) And be it enacted, that every occupier whose lands or goods shall be liable to distress in respect of any expenses chargeable under the said recited acts, or either of them, or this act, against any landlord or lessor of the lands in his occupation, shall be entitled to recover the amount of any such expenses which he shall pay, with interest on such payment from time to time at four per centum per annum, and may deduct the same from any rent or renewal fines payable to such landlord or lessor ; and where the estate of such landlord or lessor in the lands in respect whereof such payment shall have been made shall be less than an immediate estate of fee simple or fee tail, or subject by settlement to any uses or trusts, he shall be entitled to charge such amount and interest upon such estate in like manner and subject to the same restrictions and provisions as are contained in the said recited acts or any of them in relation to owners of particular estates, or of estates settled to the same uses and trusts as the lands in respect of which such expenses have been incurred respectively. " XXIII. (.3) And be it enacted, that every person, as defined in the said first- recited act, who is empowered under the said recited acts or any of them, or this act, to charge upon his lands or rent-charge any expenses of commutation payable by him, may exercise such powers, in the case of expenses incurred, as well in respect of the commutation of tithes payable to him as the owner thereof as of tithes to which any lands whereof he is owner are liable; and the word 'lands' shall, in the construction of the said acts and of this act, be construed to extend to Stat. 3 & 4 Vict. c. 15. No extraordi- nary charge payable on hop grounds, &c. for the first year of their beingcultivated as such, &c. Extraordinary rent-charge need not be distinguished on separate lands in appor- tionment. Half-yearly payments of rent-charge to be regulated by averages declared under 6 & 7 Gul. 4, c. 71, s. 67. Instrument of apportionment to distinguish the amount of rent- charge payable in respect of each close. Act not to extend to cases in which valu- ers are already appointed. For recovery of expenses in certain cases. Power to charge expenses of commutation, in certain cases, on renewal fines, &c. (1) Vide Stat. 7 Gul. 4 & 1 Vict. c. 69, s. 5. (2) Vide Stat. 2 & 3 Vict. c. 62, s. 18. (3) 77 & & 17. Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 12, '8; and Stat. 2 & 3 Vict. c. 62, ss. 16 1960 STATUTA VICTORIA. A.D. 1337—1844. Stat. 3 & 4 Vict. c. 15. Provision for discovery of books and documents relating to commutation. 6 & 7 Gul. 4, c. 71, s. 10. Gardens or lawns of small extent may be exempted from rent -charge. The commis- sioners to cause a new apportionment to be made in cases in which and include any income or sum receivable by or accruing to such person from redeemed land tax, or from fines or other sums of money payable on the renewal of any term or estate in lands, tithes, or rent-charge holden of or by him to the same uses and upon the same trusts as the lands, tithes, or rent-charge in respect of which such expenses of commutation are incurred. " XXIV. (1) And be it enacted, that notwithstanding anything in either of the said acts contained, in all cases where under the said recited acts or any of them the said commissioners or any assistant commissioner may examine persons upon oath, and cause to be produced before them or him all books and other documents, as therein mentioned, relating to the commutation of tithes, the said commissioners or assistant commissioner may, by summons under their or his hand, require the attendance of and examine any party interested in the lands or tithes of any parish, or any other person, and require the production also of all deeds and docu- ments in the custody or power of either party, and allow such portions only of them to be read as in their or his judgment shall be thought proper; and also that in all cases where under the said acts parties in a feigned issue are required to pro- duce to each other, and their respective attornies or counsel, at such time and place as any judge may order before trial, and also to the court and jury upon the trial of such issue, all deeds, books, and other documents, as in the said act mentioned, relating to the matters in issue in their respective custody or power, the parties shall be obliged to produce only such documents, and such portions of them only shall be inspected or read, as the judge shall think proper, who may order the parties to discover the documents in their possession, upon oath, if he shall think fit ; and it shall be lawful for the judge, and also for the commissioners or assistant commissioner, in the cases aforesaid respectively, to direct copies or extracts to be taken or furnished of the same documents, at the expense of the person requiring the same, at the rate of sixpence for every common law folio : provided always, that in no case shall any person be compellable to produce any part of the deeds or documents in his possession which relate to the title to the property therein referred to, but only such parts thereof as relate to the matter immediately in issue ; and such person may, if he see fit, withhold any such deeds or documents, or any portion thereof, on making an oath that the deeds or documents or parts thereof so withheld do not relate to the matter so in issue as aforesaid. "XXV. (2) And whereas in many cases titheowners have, during the seven years of average prescribed by the said first-recited act, forborne to take the tithes of lands used and occupied as gardens, lawns, or the like, or compositions in lieu thereof, on account of such lands being of small extent, and the tithes thereof being of inconsiderable value : be it enacted, that where in such cases the tithes of a parish or district have been commuted, whether by a parochial agreement or by a compulsory award, and it shall be shown to the satisfaction of the said commis- sioners that the rent-charge or rent-charges specified in the said agreement or award has or have been based upon the average value of the tithes of the said parish or district during the said seven years of average, exclusive of any tithes in respect of such gardens, lawns, or such like small holdings, according to the provisions of the said first-recited act, and that no part of the said rent-charge or rent-charges has been agreed to be given or awarded in respect of the tithes of such gardens, lawns, or other such like small holdings, it shall be lawful for the said commis- sioners, if they think fit, to order and direct that no part of the said rent-charge or rentrcharges shall be apportioned upon such gardens, lawns, or other such like small holdings. "XXVI. (3) And whereas it hath happened that in cases where, during the seven years of average prescribed by the said first-recited act, tithes shall not have been demanded of certain tenements, by reason of their small extent or of the small amount of such tithes, such tenements have notwithstanding been included in the apportionment of the rent-charge for the parish, whereby the occupiers of such (1) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 10 (3) Vide Stat. 6 & 7 Gul. 4, c. 71, ss. 32, & 46. 33 & 53. (2) Vide Stat. 6 & 7 Gul. 4, c. 71, s. Gl. A STATUTA VICTORIA. A.D. 1837—1844. 1961 tenements have become liable to have their goods distrained upon, and the tithe- owner has been subjected to much increased difficulty and expense in the collec- tion of the rent-charge, contrary to the true intent and meaning of the said first- recited act ; and it is therefore expedient, under certain restrictions, to give relief in such cases; be it enacted, that in any such case in which the apportionment shall have included any number of small tenements, exceeding in the whole one hundred, from which tenements no tithe or composition for tithe shall have been demanded or taken (notwithstanding their liability thereto) during the period of seven years next preceding Christmas in the year one thousand eight hundred and thirty-five, it shall be lawful for the commissioners, and they are hereby autho- rized, if they shall see fit, upon the application in writing of any ten or more of the owners or occupiers of such small tenements, or of the titheowner, and after satisfactory proof shall have been given that no part of the rent-charge has been agreed to be given or awarded in respect of the tithes of such small tenements, to cause a new apportionment to be made of the said rent-charge, and to order and direct that no part thereof shall be apportioned upon such small tenements ; and the provisions in the said first-recited act contained for hearing and determining objections to apportionments, and for rendering the same, or any map or plan therein referred to, final and conclusive, shall be and are hereby respectively made applicable to every such new apportionment ; and, subject to such provisions, such new apportionment shall commence and take effect from the half-yearly day of payment of the said rent-charge which shall happen next before the confirmation of the same apportionment : provided always, that no payment of such rent-charge, or right to arrears thereof, which shall have become due or accrued on or before the said half-yearly day of payment, nor any remedy in case of nonpayment, shall in anywise be affected by any such new apportionment. " XXVII. And be it enacted, that the costs of attending every such new appor- tionment shall be paid and borne by the parties making such application, in such proportions as the commissioners shall direct, and shall be recoverable in like manner as the costs of any apportionment under the said first-recited act ; and as to any part of such costs as may be borne by the titheowner, such titheowner, being an ecclesiastical beneficed person, may charge or assign the rent-charge as a security for the repayment of such costs in like mannar as for the costs of the com- mutation under the said act. " XXVIII. (1) And whereas by the said lastly-recited act powers are given to the said commissioners or any assistant commissioner, upon the application in writing of not less than two-thirds in number and value of the landowners in any parishes or townships, to set out and define the boundaries of such parishes or townships in manner in the said act provided ; and it is expedient to extend such power in manner hereinafter mentioned ; be it enacted, that it shall be lawful for the said commissioners, or assistant commissioner, but at the sole discretion of the said commissioners, and only in such manner as they shall see fit and proper, to exercise all and every the powers so given by the said lastly-recited act relating to boundaries of parishes or townships, on the application in writing of two-thirds in number and value of the landowners of any one parish, place, or township whose boundary shall be in question, notwithstanding the landowners in the parish, place, or township adjoining such boundary shall not join in such requisition : provided always, that in every such case the said commissioners or assistant com- missioner shall, twenty-one days at least before proceeding to make inquiry and adjudicate on such question of boundary, cause a notice to be sent by the post, or otherwise given, addressed to the churchwardens and overseers, and also to the surveyors of the highways of every parish, place, or township adjoining such boundary, of the intention of the said commissioners or assistant commissioner to proceed on the question of such boundary, and shall specify in such notice a time and place of meeting so to proceed therein, and shall annex to each copy of such notice a copy of the application of the landowners requiring the commissioners to Stat. 3 & 4 Vict. c. 15. the apportion- ment shall have included tenements from which no tithe has been taken during seven years previous to Christmas, 1835. Provision for the costs of new apportion, ment. Commissioners may adjudicate parochial boundaries on requisition of landowners of any parish. (1) Vide Stat. 2 & 3 Vict. c. 62, ss. 34 Si 35; and Stat. / Gul. 4 & 1 Vict. c. 69, ss. 2 & 3. 1962 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 15. Proviso. This act to be taken as part of the recited acts, and of 1 & 2 Vict, c. 64. Act may be amended this make such inquiry and adjudication, and shall also cause a copy of such notice to be inserted, once at least in two successive weeks previous to the day of such meeting, in some newspaper having circulation in the county where such parish, place, or township is situated ; and no assistant commissioner shall proceed in any such inquiry without exhibiting at such meeting the papers containing the adver- tisement of such notice, and also a certificate, under the hands of the said commis- sioners, or any one or two of them, of one copy of such notice having been respec- tively sent to such churchwardens and overseers, and a copy to such surveyors as aforesaid ; and the assistant commissioner shall thereupon proceed in all respects, and his proceedings shall be as valid and binding, as if the said inquiry had been instituted on the application in writing of two-thirds in number and value, as well of the landowners of the parish, place, or township to which such notice shall have been so sent, as of the parish, place, or township causing such inquiry to be insti- tuted : provided nevertheless, that upon the application in writing, addressed to the said commissioners during the interval of such twenty-one days, of not less than two-thirds in number and value of the landowners in any parish, place, or township adjoining such boundary, and not being parties to any such application as aforesaid, objecting to the said commissioners or assistant commissioner proceed- ing under the same in the matter of such boundary, all proceedings which shall have been instituted upon the application of such single parish, place, or township under this act shall forthwith be stayed. " XXIX. And be it enacted, that this act shall be taken to be a part of the said recited acts, and also of an act passed in the second year of the reign of her present majesty, intituled, * An Act to facilitate the Merger of Tithes ;' and in the construction of this act, unless there be something in the subject or context repug- nant to such construction, the several words used in this act shall have and bear the same interpretation as is given to such words respectively in the said acts or either of them ; and whenever a word importing the singular number or masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as one matter or thing respectively, and the converse. " XXX. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 3 & 4 Vict. cap. xix. LVIII. Stat. 3 & 4 Victoria, cap. xix. A.D. 1840. 'An Act to discharge the Advowson of the Rectory of Doddington, otherwise Dorn- ington, with the Chapels of March and Benwick, from Rent-Charges and Por- tions charged by Settlements affecting the same." Stat. 3 & 4 Vict. c. 20. Letters patent, 3rd November, 3 Anne, incor- porating the governors of the bounty of Queen Anne. LIX. Stat. 3 & 4 Victoria, c. 20. A.D. 1840. ((An Act to amend an Act passed in the first year of the Reign of His late Majesty King George the First, intituled, An Act for rendering more effectual Her late Majesty's Gracious Intentions for the Augmentation of the Maintenance of tlie Poor Clergy ; and to render valid certain Agreements which have been made in pursuance of the said Act ; and for other Purposes" " Whereas by letters patent of her majesty Queen Anne, under the great seal of England, bearing date the third day of November, in the third year of her reign, incorporating 1 The Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy,' the said governors were authorized to con- sider, consult, advise, agree upon, draw up, prepare, and propose in writing to her said majesty, her heirs and successors, such proper and necessary rules, methods, directions, orders, and constitutions as the said governors, or any seven or more of them, with such quorum as is therein directed, should in their discretion judge most convenient to be observed for and towards the better rule and government of the said corporation and the members thereof, and the receiving, accounting for, and managing all and every the revenues thereby granted, and all arrears thereof, STATUTA VICTORIA. A.D. 1807—1844. 1963 and also for and concerning the distributing, paying, and disposing of the same, Stat. 3 & 4 and all other gifts and benevolences that should or might be given or bequeathed VlCT- c- 20* to the said corporation for the charitable ends in the said letters patent mentioned for the augmentation of the maintenance of the poor clergy aforesaid, and that such rules, methods, orders, directions, and constitutions as should be so proposed, and should be approved, altered, or amended by her said majesty, her heirs or succes- sors, and such as should be made by her said majesty, her heirs or successors, and so signified and declared by her, her heirs or successors, under her or their great seal, her said majesty thereby willed should be the rules, methods, directions, orders, and constitutions by which the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, and their successors, should receive, manage, govern, apply, and dispose her said majesty's royal bounty, and other gifts and benevolences which should or might after that time be given or bequeathed to the said corporation, (where the donors thereof should not particu- larly direct the application thereof,) to and for the increase of the maintenance of such parsons, vicars, curates, and ministers officiating in any church or chapel within the kingdom of England, dominion of Wales, or town of Berwick-upon- Tweed, where the liturgy and rites of the church of England, as then by law established, were and should be used and observed, for whom a maintenance was not then sufficiently provided : and whereas, pursuant to the said letters patent of incorporation, the said governors did agree upon, prepare, and propose to her said majesty certain rules and constitutions, for the better rule and government of the said corporation, the fourth of which said rules and constitutions was to the effect following ; (that is to say,) that in order to encourage benefactions from others, Rules prepared and thereby the sooner to complete the good that was intended by her said bY tne govern- majesty's bounty, the governors might give the sum of two hundred pounds ^^said"^ (which was the stated sum to be allowed to each cure) to cures not exceeding letters patent, thirty-five pounds per annum, where any persons would give the same or greater sum or value in lands or tithes; and her said majesty, by letters patent under her great seal, bearing date the fifth day of March, in the twelfth year of her reign, did establish the said rules and constitutions, reserving to herself, her heirs and succes- sors, power from time to time, under her or their great seal, to alter the same, and to give and make in like manner such other rules and constitutions, according to the true intent of the said letters patent of incorporation, as to her said majesty, her heirs or successors, should seem meet: and whereas by an act passed in the first 1 Geo. l,c= 10. year of the reign of his majesty King George the First, intituled, 4 An Act for making more effectual Her late Majesty's gracious Intentions for augmenting the Maintenance of the Poor Clergy,' after reciting (amongst other things) the said several letters patent of her said majesty, it was enacted and declared, that all such rules, methods, orders, directions, and constitutions as should from time to time be by the said governors agreed upon, prepared, and proposed to his said majesty, his heirs and successors, according to the true intention of the said letters patent of incorporation, and by his said majesty, his heirs and successors, approved under his or their sign manual, should be as good, valid, and effectual rules, methods, directions, orders, and constitutions for the purposes aforesaid as if the same were made and established under the great seal of his said majesty, his heirs or succes- sors; and by the same act, after reciting the said fourth rule or constitution established by the said letters patent of the fifth day of March, in the twelfth year of her said majesty's reign, and that the right of presentation or nomination to small livings was of inconsiderable value, and yet it might be a great inducement to such benefactions as aforesaid if the benefactor might have some right of presen- tation or nomination to the cure which himself contributed to augment, it was therefore further enacted, that all agreements with such benefactor and benefactors, with the consent and approbation of the said governors, touching the patronage or right of presentation or nomination to any such augmented cure made or to be made for the benefit of such benefactor and benefactors, his, her, or their heirs or successors, by the king's most excellent majesty, his heirs and successors, under his and their sign manual, or by any bodies politic or corporate, or by any person or STATUTA VICTORIA. A.D. 1887—1844. persons being of the full age of twenty-one years, having an estate of inheritance either in fee-simple or fee-tail in their own right, or in the right of their churches or wives, or jointly with their wives, made before coverture or after, or having an estate for life or for years determinable upon his and their own life and lives, with remainder in fee-simple or fee-tail to any issue of his or their own bodies, in such patronage or right of presentation or nomination, in possession, reversion, or remainder, should be respectively good arid effectual in the law against his majesty, his heirs and successors, or against all and every such bodies politic and corporate, or against the person so agreeing, their wives, heirs, and successors respectively, and every of them, and against all and every their issue, and against every other person and persons claiming in remainder and reversion after such estate tail as aforesaid, according to the form of such agreement, and the advowson, patronage, and right of presentation and nomination to such augmented churches and chapels should be vested in such benefactors, their heirs and successors, as against his majesty, his heirs and successors, or the said bodies politic and corporate and their successors, or the said respective persons as aforesaid, as fully and in like manner and form, as if the same had been granted by his said majesty, his heirs or succes- sors, under his and their great seal, and as if such bodies politic or corporate had been free from any restraint, and as if such other persons so agreeing had been sole seised in his and their own right of such advowson, patronage, right of presenta- tion, and nomination, in fee-simple, and had granted the same to such benefactors, their heirs and successors respectively, according to such agreements ; and it was thereby further enacted, that the agreements of guardians for and on behalf of infants or idiots under their guardianship should be as good and effectual, to all intents and purposes, as if the said infants or idiots had been of full age and of sound mind, and had themselves entered into such agreements ; provided always, that in case of any such agreement as aforesaid, by any parson or vicar, the same should be with the consent and approbation of his patron and ordinary ; provided also, that in case of any such agreement as aforesaid made by any person seised in right of his wife, the wife should be a party to the agreement, and should seal and execute the same : and whereas under the provisions of the herein before-recited letters patent and act of parliament, or some or one of them, divers rules, orders, and constitutions have been from time to time made, whereby the power of the said governors to augment cures to the augmentation of which any benefactor or benefactors should also con- tribute as aforesaid has from time to time been enlarged and extended, both with respect to the amount of the yearly value of the cures which the said governors were empowered to augment, and with respect to the amount which the said governors were empowered to appropriate out of the funds at their disposal towards such augmentation, and such power so enlarged and extended has in many cases been exercised by the said governors, and in some of such cases agreements have been made with the benefactor or benefactors contributing to such augmentations touching the patronage or right of presentation or nomination to such augmented cures, according to the provision of the said recited act : and whereas doubts have arisen whether appropriations made by the said governors for the augmentation of any cure were strictly authorized by the rules, orders, and constitutions for the time being in force, in those cases in which the amount so appropriated to any cure by the said governors has exceeded in any one year the sum of two hundred pounds; and doubts have also arisen whether the agreements made with such benefactor or benefactors as aforesaid are strictly valid and effectual in those cases in which the yearly value of the augmented cure has previously to such augmenta- tion exceeded the sum of thirty-five pounds, or the amount so appropriated by the said governors as aforesaid has exceeded in any one year the sum of two hundred pounds : and whereas it is expedient to remove and obviate all such doubts as aforesaid, both with respect to appropriations made by the said governors, and with respect to agreements made and to be made with any such benefactor or bene- factors as aforesaid : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that STATUTA VICTORIA. A.D. 1837—1844. 1965 all appropriations heretofore made by the said governors of any sum or sums of money out of the monies at their disposal to the augmentation of any cure shall be good, valid, and effectual, to all intents and purposes whatsoever, in all cases in which any benefactor or benefactors has or have, in order to obtain any such appro- priation for the augmentation of the same cure, contributed not less than the amount of benefaction which was at the time of any such augmentation required in that behalf by the rules, orders, and constitutions then in force, notwithstanding that the sum or sums so appropriated by the said governors to the augmentation of such cure shall have exceeded in any one year the sum of two hundred pounds. " II. And be it further enacted, that all agreements already made and here- after to be made, with such consent and approbation of the patron and ordinary as required by the said recited act, and with the consent and approbation of the said governors, with any benefactor or benefactors contributing to the augmentation of any cure, touching the patronage or right of presentation or nomination to such augmented cure, for the benefit of such benefactor or benefactors, his, her, or their heirs or successors, according to the provisions of the said recited act, and all grants and assurances made and to be made for carrying such agreements into effect, shall be good, valid, and effectual in the law, to all intents and purposes whatsoever, in all cases in which the yearly value of the augmented cure shall have been or shall be within the limits prescribed for the same by the rules, orders, and constitutions which shall have been or shall be in force at the time of making such agreements respectively as aforesaid, notwithstanding that such yearly value shall have exceeded or shall exceed the sum of thirty-five pounds, or that the amount appro- priated by the said governors out of the monies at their disposal to the augmenta- tion of such cure shall have exceeded or shall exceed in any one year the sum of two hundred pounds, or that such yearly value and also the amount so appropri- ated shall both have exceeded or shall both exceed the same several sums respec- tively ; provided nevertheless, that so far as relates to such agreements as aforesaid the amount of all appropriations hereafter to be made by the said governors to the augmentation of any cure shall be within the limits prescribed for the same by the rules, orders, and constitutions which shall be in force at the time of making such agreements respectively as aforesaid. " III. And whereas it is expedient to extend the provisions of the said recited act, with respect to such agreements as aforesaid, to cases in which no appropria- tion shall be made by the said governors out of the funds at their disposal to the augmentation of the cures to which such agreements shall respectively relate ; be it therefore further enacted, that all agreements hereafter to be made, with such consent and approbation of the patron and ordinary, as required by the said recited act, and with the consent and approbation of the said governors, with any bene- factor or benefactors contributing to or providing for the augmentation of any cure, touching the patronage or right of presentation or nomination to such cure, for the benefit of such benefactor or benefactors, his, her, or their heirs or successors, according to the provisions of the said recited act, and all grants and assurances to be made for carrying such agreements into effect, shall be good, valid, and effectual in the law, to all intents and purposes whatsoever, in all cases in which the yearly value of such cure shall be within the limits prescribed for the same by the rules, orders, and constitutions which at the time of making such agreements respectively as aforesaid shall be in force with respect to cures for the augmentation of which appropriations to meet benefactions may be made by the said governors out of the funds at their disposal, notwithstanding that in any of such cases no appropriation whatsoever shall be made by the said governors out of the funds at their disposal to the augmentation of the cure to which such agreements as aforesaid shall respectively relate. "IV. And be it further enacted, that every cure touching the patronage or right of nomination to which any such agreement as aforesaid with any benefactor or benefactors shall be made for the benefit of such benefactor or benefactors, his, her, or their heirs or successors, though no appropriation whatsoever to the said cure for the augmentation thereof shall be made by the said governors out of the Stat. 3 & 4 Vict. c. 20. Certain appro- priations made by the govern- ors confirmed. Certain agree- ments made by the governors confirmed, and provisions of recited act extended. Amount of appropriations hereafter to be made shall be within the limit pre- scribed by rules in force at the time. Provisions of 1 Geo. I.e. 10, extended to this act in cases where no appropriation shall be made by the go- vernors. On completion of an agree- ment for trans- fer of patron- age of a cure to a benefactor, 1966 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 20. though no ap- propriation be made by the governors, the cure to be considered as one augmented by them. 2 & 3 Vict, c. 49. Endowments accepted under the last recited act by the governors to be (except in special cases) subject to the same rules as if they had been appro- priated by the governors. funds at their disposal, shall, from and immediately after the completion of such agreement, be deemed and considered in law, in all respects, and to all intents and purposes whatsoever, as a cure augmented by the said governors, and the same, and the minister or incumbent thereof, and his successors, shall be subject and liable to all the laws, rules, and regulations relating to or concerning cures augmented by them and the ministers or incumbents thereof. " V. And whereas by an act passed in the second and third years of the reign of her present majesty, (chapter forty-nine,) [intituled, * An Act to make better Pro- vision for the Assignment of Ecclesiastical Districts to Churches or Chapels aug- mented by the Governors of the Bounty of Queen Anne, and for other Purposes,' after reciting that it was expedient to make provision for the more permanent security of the endowments and emoluments which should have been or might thereafter be provided for the use or benefit, of any church or chapel, whether built, acquired, or appropriated, or to be built, acquired, or appropriated, under the authority of certain acts therein recited or referred to, or of any of them, or under any other authority, or for the use or benefit of the incumbent/ of any such church or chapel, or of the spiritual person serving the same, it was enacted, that it should and might be lawful for the said governors of the bounty of Queen Anne to accept, take, and hold any such endowments and emoluments upon the trusts and for the intents and purposes for which the same should have been or might thereafter be given or granted by the person or persons providing the same, in like manner as any such endowments or emoluments might then be taken or held by any private trustees or trustee ; and that it should and might be lawful for any trustees or trustee of any such endowments or emoluments to assign and transfer the same to the said governors of the bounty of Queen Anne, to be held and applied by them upon the same trusts and for the same intents and purposes as the same previously to such assignment and transfer were held by such trustees or trustee ; and whereas it is expedient to make such further provision as is hereinafter contained for the application and disposition of all endowments and emoluments accepted by or assigned to or to be accepted by or assigned to the said governors under the afore- said provisions of the last-recited act ; be it therefore further enacted, that all endowments and emoluments whatsoever already accepted or taken by or assigned or transferred to, or to be hereafter accepted or taken by or assigned or transferred t » the said governors, under the aforesaid provisions of the last-recited act, and the money, stocks, parliamentary or other funds or securities, land, hereditaments, or other property of which the same respectively may consist, shall, so far as circum- stances will permit, and subject and without prejudice to the trusts, intents, and purposes upon and for which the same shall have been given or granted by the person or persons providing the same, be appropriated by the said governors to the particular benefice for which the same respectively shall have been provided, and be applicable and disposable by them for the benefit and augmentation of such bene- fice, in such and the same manner, and with such and the same powers of invest- ment in the purchase of land, and exchange for other lands and hereditaments, and otherwise, and other powers and authorities, in all respects, according to the rules, orders, and constitutions for the time being in force for the management of the bounty of Queen Anne, as if the money, stock, land, hereditaments, or other property of which such endowments and emoluments may respectively consist had been originally provided or appropriated by the said governors out of the funds at their disposal for the benefit and augmentation of the same benefice." Stat. 3 & 4 Vict. cap. xxiii. LX. Stat. 3 & 4 Victoria, cap. xxiii. A.D. 1840. -An ,Act to enable the Trustees of Boteler's Free Grammar School at Warrington, in the County of Lancaster, to effect a Sale to John Wright, Esquire, of an Estate, called the Arrowe Estate, in Arrowe, in the County of Chester; and also to sell, exchange, and lease certain other Estates belonging to the said School; and also for the general Management of the said School; and for other Pur- poses." STATUTA VICTORLE. A.D. 1837—1844. 1967 LXI. Stat. 3 & 4 Victoria, c. 26. A.D. 1840. "An Act to remove Doubts as to the Competency of Persons being rated Inha- bitants of any Parish, to give Evidence in certain Cases" " Whereas it is expedient to remove all doubt whether persons are by law com- petent to give evidence in cases where they have been formerly held to be disqua- lified by the liability to pay parochial rates ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act no person called as a witness on any trial in any court whatever may and shall be disabled or prevented from giving evidence by reason only of such person being, as the inhabitant of any parish or township, rated or assessed, or liable to be rated or assessed to the relief of the poor, or for and towards the maintenance of church, chapel, or highways, or for any other purpose whatever. " II. And be it enacted, that no churchwarden, overseer, or other officer in and for any parish, township, or union, or any person rated or assessed, or liable to be rated or assessed as aforesaid, shall be disabled or prevented from giving evidence on any trial, appeal, or other proceeding by reason only of his being a party to such trial, appeal, or other proceeding, or of his being liable to costs in respect thereof, when he shall be only a nominal party to such trial, appeal, or other pro- ceeding, and shall be only liable to contribute to such costs in common with other the rate-payers of such parish, township, or union." Stat. 3 & 4 Vict. c. 26. Persons not disqualified from giving evidence on account of being assessed to parochial rates. Nominal parties on any trial not disa- bled from giving evi- dence. LXII. Stat. 3 & 4 Victoria, c. 33. A.D. 1840. "An Act to make certain Provisions and Regulations in respect to the Exercise, within England and Ireland, of their Office, by the Bishops and Clergy of the Protestant Episcopal Church in Scotland; and also to extend such Provisions and Regulations to the Bishops and Clergy of the Protestant Episcopal Church in the United States of America; and also to make further Regulations in respect to Bishops and Clergy other than those of the United Church of England and Ireland" " Whereas an act was passed in the thirty-second year of the reign of his late majesty King George the Third, intituled, < An Act for granting Relief to Persons of the Episcopal Communion in Scotland :' and whereas it is expedient to alter and amend the said act, and to enable the bishops of the protestant episcopal church in Scotland, and the priests of such church canonically ordained, under certain limit- ations and restrictions, to perform divine service, to preach, and to administer the sacraments, according to the rites and ceremonies of the united church of England and Ireland, in churches or chapels within England or Ireland where the Liturgy of the said united church is used ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that it shall be lawful for the bishop of any diocese in England or Ireland, if he shall think fit, on the application of any bishop of the protestant episcopal church in Scotland, or of any priest of such church canonically ordained by any bishop thereof residing and exercising at the time of such ordination, episcopal functions within some district or place in Scotland, to grant permission under his hand, and from time to time also under his hand to renew such permission, to any such bishop or priest to perform divine service, and to preach, and administer the sacrament, according to the rites and ceremonies of the united church of England and Ireland, for any one day or any two days, and no more, in any church or cha- pel within the diocese of the said bishop where the Liturgy of the said united church is used, such day or days and church or chapel to be specified in such per- mission or renewed permission ; and thereupon it shall be lawful for the party mentioned in such permission or renewed permission, with the consent of the incumbent or officiating minister of such church or chapel, to perform divine ser- vice, and to preach, and administer the sacraments therein, according to the rites Stat. Vict. 3 & 4 c. 33. 32Geo.3,c.63. Bishops of England or Ireland may- permit clergy of the pro- testant epis- copal church in Scotland to officiate in their dioceses under certain restrictions. 1968 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 33. Certain letters commendatory to be produced to the bishop before permis- sion granted. Provisions of this act as to the clergy of the episcopal church in Scotland extended to the clergy of the episcopal church in the United States. Penalty on allowing clergy of the pro- testant epis- copal church in Scotland, or in the United States of Ame- rica, to officiate without such permission, or on allowing other clergy to officiate. Penalty on officiating con- trary to recited acts or this act, save as herein men- tioned. and ceremonies of the united church of England and Ireland, on the day cr days specified in such written permission or renewed permission, and on no other. " II. Provided always, and be it enacted, that no such written permission or renewed permission shall be granted unless the party applying for the same shall first produce to the bishop of the diocese letters commendatory given within six months before the production thereof, in the case of a bishop under the hand and seal of two other bishops of the church to which he belongs, and in the case of a priest under the hand and seal of the bishop exercising episcopal functions within the district or place in which such priest usually officiates, and also a testimonial given within six months before the production thereof, under the hand and seal of such last-mentioned bishops or bishop, that the party applying is a person of honest life and godly conversation, and professeth the doctrines of the united church of England and Ireland. " III. And whereas another act was passed in the twenty-sixth year of the reign of his said late majesty, intituled, 'An Act to empower the Archbishop of Canterbury and the Archbishop of York for the time being, to consecrate to the Office of a Bishop Persons being Subjects or Citizens of Countries out of Her Majesty's Dominions :' and whereas it is expedient to alter and amend the said act, and to enable the bishops and priests of the protestant episcopal church in the United States of America to officiate in England and Ireland, under restrictions and limitations similar to those hereinbefore enacted and provided with respect to the bishops and priests of the protestant episcopal church in Scotland ; be it there- fore enacted, that all the several provisions hereinbefore contained with respect to the bishops and priests canonically ordained of the protestant episcopal church in Scotland, shall respectively extend to the bishops of the protestant episcopal church in the United States of America, and to the priests canonically ordained by a bishop of such church residing and exercising at the time of such ordination episcopal functions within some district or place in the United States of America. " IV. And be it enacted, that any incumbent or stipendiary curate who, with- out the production of such written permission or renewed permission as aforesaid, shall allow any bishop or priest of the protestant episcopal church in Scotland or in the United States of America, or who shall allow any deacon of either of such churches, or any other bishop, priest, or deacon, not being a bishop, priest, or dea- con, of the united church of England and Ireland, or of any her majesty's foreign possessions, to officiate in any church or chapel of which he is incumbent or curate, shall for the first offence be liable to be called to appear before the bishop of the diocese in person, and, if he show no sufficient cause to the contrary, to be publicly or privately monished, at the discretion of the said bishop ; and for the second and every subsequent offence, if a curate, he shall, after having been in like manner called to appear, and showing no sufficient cause to the contrary, be liable to be removed, or to be temporarily suspended from his curacy, at the discretion of the said bishop ; and if an incumbent, he shall, on proof of the offence in due course of law, be suspended from his office and benefice for any time not exceeding three months, or be subject to other ecclesiastical censures ; and the said bishop shall, during any such suspension, provide for the performance of the spiritual duties of such benefice, by sequestration or otherwise, as in the case of non-residence. " V. And be it enacted, that if any bishop or priest of the protestant episcopal church in Scotland or in the United States of America shall, save as hereinbefore mentioned, or if any deacon of either of such churches shall, officiate, contrary to the provisions of the said recited acts, in any church or chapel in England or Ire- land where the Liturgy of the said united church is used, or if any bishop, priest, or deacon, not being a bishop, priest, or deacon of the united church of England or Ireland, or of any of her majesty's foreign possessions, or of the protestant episco- pal church in Scotland or in the United States of America, shall officiate in any such church or chapel, he shall for every such offence forfeit and pay the sum of fifty pounds to the governors of Queen Anne's bounty, to be recovered, by action of debt brought in the name of the treasurer of the said bounty in any of her majesty's courts of Record at Westminster, or in the courts of Session in Scotland at th? fsuit of the public prosecutor. STATUTA VICTORIA. A.D. 1837—1844. 1969 "VI. And be it enacted, that no person who has been or shall be ordained a deacon by any protestant bishop other than an archbishop or bishop of the united church of England and Ireland, and who shall after the passing of this act be ordained a priest by any archbishop or bishop of the united church of England and Ireland, shall be thereby enabled, save as in this act is provided, to exercise his office within England or Ireland. "VII. And be it further enacted, that all admissions, institutions, and induc- tions to benefices in the church of England or church of Ireland, and all appoint- ments to act as curates therein, which shall be made contrary to the provisions of this act, shall be to all intents and purposes null and void ; provided always, that nothing herein shall be construed to affect any admission, institution, or induc- tion to any benefice or any appointment as curate which shall have been made pre- vious to the passing of this act. " VIII. Provided always, that nothing in this act contained shall be construed to affect or to repeal any of the provisions of an act passed in the fifty-ninth year of the reign of his late majesty King George the Third, intituled, ' An Act to permit the Archbishops of Canterbury and York, and the Bishop of London, for the time being, to admit Persons into Holy Orders specially for the Colonies." Stat. 3 & 4 Vict. c. 33. Deacons or- dained out of England or Ireland, and afterwards or- dained priests in England or Ireland. Admissions, &o. to bene- fices and cura- cies contrary hereto void. Proviso. Not to affect the Act 59 Geo. 3, c. 60. LXIII. Stat. 3 & 4 Victoria, c. 35. A.D. 1840. Stat. 3 & 4 "An Act to reunite the Provinces of Upper and Lower Canada, and for the VlCT- c- 35 • Government of Canada" " XLII. And be it enacted, that whenever any bill or bills shall be passed by Ecclesiastical the legislative council and assembly of the province of Canada, containing any pro- and crown visions to vary or repeal any of the provisions now in force contained in an act of riSnts- the parliament of Great Britain, passed in the fourteenth year of the reign of his 14 Geo. 3, c. 83. late majesty King George the Third, intituled, 4 An Act for making more effectual Provision for the Government of the Province of Quebec in North America/ or in the aforesaid acts of parliament passed in the thirty-first year of the same reign, respecting the accustomed dues and rights of the clergy of the church of Rome ; or to vary or repeal any of the several provisions contained in the said last-men- tioned act, respecting the allotment and appropriation of lands for the support of the protestant clergy within the province of Canada, or respecting the constituting, erecting, or endowing of parsonages or rectories wTithin the province of Canada, or respecting the presentation of incumbents or ministers of the same, or respecting the tenure on which such incumbents or ministers shall hold or enjoy the same ; and also that whenever any bill or bills shall be passed containing any provisions which shall in any manner relate to or affect the enjoyment or exercise of any form or mode of religious worship, or shall impose or create any penalties, burdens, disabilities, or disqualifications in respect of the same, or shall in any manner relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights hereinbefore mentioned, or shall in any manner relate to the grant- ing, imposing, or recovery of any other dues, or stipends, or emoluments to be paid to or for the use of any minister, priest, ecclesiastic, or teacher, according to any form or mode of religious worship, in respect of his said office or function ; or shall in any manner relate to or affect the establishment or discipline of the united church of England and Ireland among the members thereof within the said province ; or shall in any manner relate to or affect her majesty's prerogative touching the granting of waste lands of the crown within the said province ; every such bill or bills shall, previously to any declaration or signification of her majesty's assent thereto, be laid before both houses of parliament of the United Kingdom of Great Britain and Ireland ; and that it shall not be lawful for her majesty to signify her assent to any such bill or bills until thirty days after the same shall have been laid before the said houses, or to assent to any such bill or bills in case either house of parliament shall, within the said thirty days, address her majesty to withhold her assent from any such bill or bills ; and that no such bill shall be valid or effectual vO any of the said purposes within the said province of Canada, unless the legisla- 0 K 1970 STATUTA VICTORIA. A.D. 1337—1844. Stat. 3 & 4 Vict. c. 35. Si at. 3 & 4 Vict. cap. xxxv. Stat. 3 & 4 Vict. c. 48. [Sc.] Stat. 3 & 4 Vict. c. 52. On demise of her majesty, in case there shall be issue of her majesty who shall be- come king or queen under eighteen years of age, his royal highness Prince Albert appointed guardian of such issue, and empowered to exercise royal tive council and assembly of such province shall in the session in which the same shall have been passed by them, have presented to the governor of the said pro- vince an address or addresses specifying that such bill or bills contains provisions for some of the purposes hereinbefore specially described, and desiring that, in order to give effect to the same, such bill or bills may be transmitted to England without delay, for the purpose of its being laid before parliament previously to the signification of her majesty's assent thereto." LXIV. Stat. 3 & 4 Victoria, cap. xxxv. A.D. 1840. "An Act for removing Doubts as to the Right of nominating a Minister to the Church or Chapel lately erected by the Right Honourable Lord Francis Egerton, on part [of certain Trust Estates in the Counties of Lan- caster and Chester, belonging to the late Duke of Bridgewater]." LXV. Stat. 3 & 4 Victoria, c. 48(1). [Scotland.] A.D. 1840 "An Act to enable Proprietors of Entailed Estates in Scotland to feu or lease on long Leases Portions of the same for the building of Churches and Schools, and for Dwelling Houses and Gardens for the Ministers and Masters thereof." LXVI. Stat. 3 & 4 Victoria, c. 52. A.D. 1840. "An Act to provide for the Administration of the Government in case the Crown should descend to any Issue of Her Majesty whilst such Issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue." " Whereas your majesty, by your majesty's royal message to both houses of parliament, has been pleased to state that the uncertainty of human life, and the deep sense your majesty feels of duty to your people, rendered it incumbent upon your majesty to recommend to both houses of parliament to consider contingencies which may hereafter take place, and to make such provision as will, in any event, secure the exercise of the royal authority ; and that your majesty would be pre- pared to concur with the two houses of parliament in those measures which may appear best calculated to maintain unimpaired the power and dignity of the crown, and thereby to strengthen the securities which protect the rights and liberties of your people ; and whereas, with the most cordial sense of duty and gratitude to your majesty for the tender concern and regard so uniformly and now more espe- cially demonstrated for the happiness of your people and the security of their rights and liberties, we have taken this most important business into our consi- deration, and being thoroughly convinced of the wisdom and expediency of what your majesty has thought fit to recommend, we are firmly and zealously deter- mined to contribute everything in our power to maintain unimpaired the power and dignity of the crown, and to strengthen the securities which protect the rights and liberties of the people ; we therefore, your majesty's most dutiful and loyal subjects, the lords spiritual and temporal, and commons, in parliament assembled, do most humbly beseech your majesty that it may be enacted ; and be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that if at the demise of her present majesty, (whom God long preserve,) there shall be issue of her said majesty who shall become and be king or queen of this realm whilst under the age of eighteen years, his royal highness Prince Albert, the consort of her said majesty, shall be the guar- dian, and shall have the care, tuition, and education of such issue, until such issue shall attain the age of eighteen years, and shall till such age have the disposition, ordering, and management of all matters and things relating thereto; and his said royal highness Prince Albert shall, until such issue of her said majesty shall attain the age of eighteen years, and no longer, have full power and authority, in the name of such issue, and in his or her stead, and under the style and title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the laws and constitution thereof, the royal power and government oi 1 (1) Vide Stat. 4 & 5 Vict. c. 38, s. 22. STATUTA VICTORIA. A.D. 1837—1844. 1971 this realm, and all the dominions, countries, and territories to the crown thereof belonging, and use and exercise and perform all prerogatives, authorities, and acts of government and administration of government which belong to the king or queen of this realm to use, execute, and perform, according to the laws thereof, but in such manner and subject to such conditions, restrictions, limitations, and regulations as are hereinafter for that purpose specified, mentioned, and contained. " II. And be it further enacted by the authority aforesaid, that all acts of royal power, prerogative, government, and administration of government, of what nature or kind soever, which shall be done or executed during the regency established by this act otherwise than by and with the consent and authority of the said regent, in the manner and according to the direction of this act set forth and prescribed, shall be absolutely null and void to all intents and purposes. " III. And be it further enacted by the authority aforesaid, that the regent, before he shall act or enter upon his said office of regent, shall take the oaths of allegiance and supremacy in the form prescribed and required by an act passed in the first year of the reign of King William and Queen Mary, intituled, ' An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths ;' and shall also take the oath of abjuration in such manner and form as is set down and prescribed in an act passed in the sixth year of the reign of King George the Third, intituled, ' An Act for altering the Oath of Abjuration and the Assurance, and for amending so much of an Act of the seventh year of Her late Majesty Queen Anne, intituled, " An Act for the Improvement of the Union of the Two Kingdoms," as after the Time i erein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason ;' as also the following oath ; that is to say, " 4 1 do solemnly promise and swear, that I will truly and faithfully execute the office of regent of the United Kingdom of Great Britain and Ireland, according to an act of parliament made in the fourth year of her majesty Queen Victoria, intituled, " An Act to provide for the Administration of the Government, in case the Crown should descend to any Issue of Her Majesty whilst such issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue ;" and that I will administer the government of this realm, and of all the dominions thereunto belonging, according to the laws, customs, and statutes thereof, and will in all things, to the utmost of my power and ability, consult and maintain the safety, honour, and dignity of his or her [as the case shall require'] majesty, and the welfare of his or her [as the case shall require] people. So help me God.' " ' I do faithfully promise and swear, that I will inviolably maintain and preserve the settlement of the true protestant religion, with the government, discipline, rights, and privileges of the church of Scotland, as established by law. So help me God.' " Which oaths shall be taken before the privy council then in being, who are hereby empowered and required to administer the same, and to enter the same in the council books. " IV. And be it further enacted by the authority aforesaid, that it shall not be lawful for the king or queen of this realm, for whom a regent is hereby appointed, to intermarry before his or her age of eighteen years, with any person whomsoever, without the consent, in writing, of the regent, and the assent of both houses of parliament, previously obtained ; and every marriage without such consent, and such assent of the two houses of parliament, shall be null and void to all intents and purposes ; and every person who shall be acting, aiding, abetting, or concerned in obtaining, procuring, or bringing about any such marriage, and the person who shall be so married to such king or queen under the age of eighteeen years, shall be guilty of high treason, and suffer and forfeit as in cases of high treason. " V. Provided always, and be it further enacted by the authority aforesaid, that the regent shall not give or have power to give the royal assent to any bill or bills in parliament for repealing, changing, or in any respect varying from the order and course of succession to the crown of this realm as the same stands now established by the act of the twelfth year of the reign of King William the Third, intituled, * An Act for the further Limitation of the Crown, and better securing the Rights G K 2 Stat. 3 & 4 Vict. c. 52. authority under the title of Regent of the United King- dom. Acts done contrary to such authority void. Regent to take the oaths pre- scribed by 1 G. & M. sess. 1, c. 8, and 6 Geo. 3, c. 53. Oaths. The king or queen not to marry under the age of eighteen, with- out consent of the regent and assent of par- liament. Abetting such marriage, high treason. Regent not empowered to give the royal assent to any act altering the succession. 12Gul. 3, c.2. 1972 STATUTA VICTORIA. A.D. 18,37—1844. Stat. 3 & 4 Vict. c. 52. 13 & 14 Car. 2, c. 4. 5 Ann. (Sc.) In case his royal highness should marry a person pro- fessing the Ro- man catholic religion, his powers under this act to determine. and Liberties of the Subject/ or to any act for repealing or altering the act made in the thirteenth year of the reign of King Charles the Second, intituled, * An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons, in the Church of England,' or an act of the fifth year of the reign of Queen Anne, made in Scotland, intituled, * An Act for securing the Protestant Religion and Presbyterian Government.' " VI. Provided always, and be it further enacted, that if his said royal high- ness Prince Albert shall, at any time after becoming such guardian and regent, be reconciled to or shall hold communion with the see or church of Rome, or shall profess the popish religion, or shall marry a person professing the Roman catholic religion, or shall cease to reside in or absent himself from the United Kingdom of Great Britain and Ireland, then and in any of such cases his said royal highness shall no longer be guardian and regent, and all the powers and authorities which he may have derived under and by virtue of this act shall thenceforth cease and determine." Stat. 3 & 4 Vict. c. 60. 58Geo.3,c.45. LXVII. Stat. 3 & 4 Victoria, c. 60. A.D. 1840. "An Act to further amend the Church Building Acts." 44 Whereas an act was passed in the fifty-eighth year of the reign of his majesty King George the Third, intituled, 4 An Act for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the fifty-ninth year of the reign of his said majesty King George the Third, intituled, 4 An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the third year of the reign of his majesty King George the Fourth, intituled, 4 An Act to amend and render more effectual two Acts, passed in the fifty-eighth and fifty-ninth years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the fifth year of the reign of his said majesty King George the Fourth, intituled, 4 An Act to make further Provision, and to amend and render more effectual three Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty and in the third year of His present Majesty, for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the seventh and eighth years of the reign of his said majesty King George the Fourth, inti- tuled, 4 An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes :' and whereas another act was passed in the first and second years of the reign of his late majesty King William the Fourth, intituled, 4 An Act to amend and render more effectual an Act passed in the seventh and eighth years of the Reign of His late Majesty, intituled, 44 An Act to amend the Acts for building and promoting the building of additional Churches in popu- lous Parishes :" ' and whereas another act was passed in the second and third years of the reign of his said late majesty, to render more effectual the aforesaid act passed in the fifty-ninth year of the reign of his majesty King George the Third : and whereas another act was passed in the first year of the reign of her present majesty Queen Victoria, intituled, 4 An Act to prolong for ten years Her Majesty's Com- mission for building new Churches:' and whereas another act was passed in the first and second years of the reign of her said majesty Queen Victoria, intituled, 4 An Act to amend and render more effectual the Church Building Acts:' and whereas another act was passed in the second and third years of the reign of her present majesty, intituled, 4 An Act to make better Provision for the Assignment of Ecclesiastical Districts to Churches or Chapels augmented by the Governors of the Bounty of Queen Anne, and for other Purposes :' and whereas it is expedient to further explain and amend some of the provisions of the said several recited acts : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this Commissioners present parliament assembled, and by the authority of the same, that it shall be 59 Geo. 3, c. 134. 3 Geo. 4, c. 72. 5 Geo. 4, c. 103. 7 & 8 Geo. 4, c. 72. 1 & 2 Gul. 4, c. 38. 2 & 3 Gul. 4 c. 61. 7 Gul. 4 & 1 Vict. c. 75. 1 & 2 Vict, c. 107. 2 & 3 Vict, c. 49. STATUTA VICTORIA. A.D. 1837-1844. 1973 lawful for her majesty's commissioners for building new churches to assign a new district chapelry or new district chapelries, under the provisions of the herein before-recited acts, or some or one of them, with such consent and in such manner as is therein required and specified, to any church or chapel situated in a district chapelry which has been or hereafter may be formed under the said recited acts, or some or one of them, and such new district chapelry or district chapelries may be formed out of a part or parts of one or more such first formed district chapelry or chapelries, with or without any part or parts of the parish or parishes out of which such district chapelry or chapelries may have been formed, and also of any extra-parochial place, or any part thereof; and the right of nomination to the chapel or chapels of such new district chapelry or district chapelries shall belong to and be exercised by the incumbent of the parish out of which such first assigned district chapelry shall have been taken, unless the right of nomination thereto shall be legally vested in some other party or parties, and in that case such right of nomination shall belong to him or them, or to such party or parties as shall be agreed upon by him or them and the said commissioners, with consent of the bishop ; and the chapel-or chapels of such new district chapelry or district chapel- ries shall respectively be subject to the provisions and regulations contained in the herein before-recited acts respecting district chapelries. " II. And be it further enacted, that in any case where, under the herein before- recited acts or either of them, or of this act, an endowment, grant, or conveyance, consisting of or arising out of houses, lands, tithes, advowsons, rent-charges, tene- ments, or other hereditaments, or consisting of money to be laid out in lands or other hereditaments, is authorized to be made, for the purpose of a site for any church or chapel, or churchyard, or parsonage house, or glebe, or for the use or benefit of any church or chapel, or of the incumbent or minister thereof, or for the repairs thereof, such endowment, grant, or conveyance, whether made before or after the passing of this act, shall be good and valid, without any licence or writ of ad quod damnum, the Statutes of Mortmain or any other statute or law to the contrary notwithstanding. " III. Provided nevertheless, and be it enacted, that nothing herein contained shall authorize an exemption from the provisions of the Mortmain Acts where, in the case of an endowment as aforesaid for the use or benefit of any church or chapel, or of the incumbent or minister thereof, such endowment, whether made at one period or at different periods, shall in any one case exceed in the whole the clear annual value of three hundred pounds. " IV. And be it further enacted, that in every case in which it shall be desired to ascertain the clear annual value of such endowment, it shall be lawful for the said commissioners or for the bishop of the diocese to cause such clear annual value to be determined and ascertained by any two persons whom they or he shall appoint for that purpose, by writing under the common seal of the said commis- sioners, or by writing under the hand of the said bishop, which writing is hereby directed to be afterwards annexed to the instrument by which such endowment shall be effected ; and a certificate of such clear annual value, written and indorsed on the instrument by which such endowment shall be effected, and signed by such persons as aforesaid, shall for all the purposes of this act be conclusive evidence of such clear annual value as aforesaid. " V. And whereas it is expedient that her majesty's commissioners for building new churches should have the power, with the consent of the bishop of the diocese, to augment, out of the surplus pew rents of a church or chapel, the stipend of the incumbent or minister thereof, (in respect to which church or chapel the said com- missioners have made or hereafter may make an order for the reservation of the pew rents thereof, and an assignment thereout of an annual stipend to such incum- bent or minister, under the authority of the said recited act passed in the fifty-eighth year of the reign of his late majesty King George the Third;) be it therefore enacted, that it shall be lawful for the said commissioners, if they shall think fit, to direct, under their common seal, with the consent of the bishop of the diocese under his hand and seal, a further assignment to the incumbent or minister of any Stat. 3 & 4 Vict. c. 60. may assign a new district chapelry or new district chapelries out of a district chapelry or chapelries al- ready formed. Licence in mortmain not necessary in cases of endow- ment, grant, or conveyance of houses, lands, &c. under the Church Build- ing Acts. Mortmain Acts to apply where endowment exceeds the annual value of 300/. Power to de- termine the clear annual value of such endowment Commission- ers, with con- sent of the bishop, may, in certain cases, augment the stipend of the incumbent or minister of a church or chapel out of the surplus pew rents. 1974 STATUTA VICTORIA. A.D. 1837—18-14. Stat. 3 & 4 Vilt. c. GO. This power not to be exercised where surplus pew rents have been invested in government securities to form a fund for building or purchasing a parsonage house, &c. Boundaries of distinct and separate parishes, or district pa- rishes or dis- trict chapelries, may be altered by an order in council, on representation by the com- missioners, with certain consents. Alteration of boundaries not to take effect, without incum- bent's consent, until next avoidance. Select vestries under 59 Geo. 3,c. 134, s. 30, may appoint new vestrymen where vestry- men neglect to attend. church or cliapel, for his use and benefit, of a part or of the whole of the surplus pew rents .thereof, already accrued or hereafter to accrue, in respect to which church or chapel the said commissioners may have made or hereafter may make, under the said last-mentioned act, an order for the reservation of pew rents, and an assign- ment thereout to such incumbent or minister, anything in the said recited acts to the contrary notwithstanding ; and every such further assignment shall be regis- tered in the registry of the diocese: provided always, that the power herein given shall not be exercised in any case where such surplus pew rents have been invested in government securities in the names of trustees to be appointed by the bishop of the diocese, and suffered to accumulate, for the purpose of forming a fund for the building or purchasing a house of residence, with the consent of the bishop of the diocese, for the spiritual person serving such church or chapel, or where such sur- plus pew rents have been charged or chargeable by the said commissioners with the payment of any sum or sums of money borrowed or advanced by way of loan at interest, or by way of annuity, or otherwise, for or towards the buiiding any such church or chapel, or for the purchasing any site or sites for the same, and defraying all expenses relative thereto, and in keeping such church or chapel in repair. " VI. And whereas by the said recited act passed in the fifty-eighth year of the reign of his late majesty King George the Third it is provided, that by an order in council, upon the representation of the said commissioners made with the consent of the bishop of the diocese, the boundaries of a distinct and separate parish, or of a district parish, formed under the said act, may be altered within five years after a description of such boundaries has been enrolled in the high court of Chancery ; and it is expedient that the power of altering such boundaries should be enlarged, with certain consents : be it therefore enacted, that if her majesty in council, upon the representation of the said commissioners made with the consents of the bishop of the diocese and of the patron and incumbent of the parish church, signified under their respective hands and seals, shall think fit to alter the boundaries of a distinct and separate parish, or a district parish or a district chapelry, (formed under the herein before-mentioned acts passed in the fifty-eighth and fifty-ninth years of the reign of his late majesty King George the Third, or either of them,) at any time after five years from the time the description of such boundaries has been enrolled in the high court of Chancery, such order in council shall be good and valid in law for the purpose of effecting such alteration, anything in the said recited act of the fifty-eighth year of the reign of his late majesty King George the Third, limiting the power of making such alteration in such boundaries to five years from the time the description of such boundaries has been enrolled in the high court of Chancery, to the contrary notwithstanding ; and such order in council shall be enrolled and registered in manner directed by the said last-mentioned act. " VII. And be it further enacted, that if the consent of the incumbent as afore- said is not obtained to such alteration of boundaries, such order in council on the representation of the said commissioners may be made, and shall be good and valid, with the consents of the bishop of the diocese and the patron aforesaid, though without the consent of such incumbent ; provided that such alteration does not take effect until after the next avoidance of the parish church. " VIII. And be it further enacted, that the power given to a select vestry appointed under the provisions of the hereinbefore recited act passed in the fifty- ninth year of the reign of his late majesty King George the Third, to elect new members of such vestry as vacancies may arise by death, resignation, or ceasing to inhabit the parish, shall be extended to cases where any such vestrymen shall neglect to attend the meetings of such select vestry for the space of twelve months, provided such select vestry shall have met at least three times during such twelve months ; and in every such case it shall be lawful for such select vestry to declare the member or members of such select vestry so neglecting to attend no longer a member or members of such vestry, and the vacancy or vacancies thereby created shall be filled up in the maimer directed by the said last-mentioned act with respect to vacancies arising by death, resignation, or ceasing to inhabit the parish. STATUTA VICTORLE. A.D. 1837—1844. 1975 " IX. And be it further enacted, that so much of the said recited act passed in the first and second years of the reign of his late majesty King William the Fourth, chapter thirty-eight, as requires that when a church or chapel shall have been or shall be built by subscription under that act, the nomination or appointment thereto shall be signified to the said commissioners, for their consideration, by the major part in value of such subscribers, at the time of the application to the said commissioners, shall be and the same is hereby repealed, so far only that it shall not be necessary for the major part in value of the subscribers to the building and endowment of such church or chapel to declare such nomination or appointment to the said commissioners at the time of such application, but the same may be signified by such subscribers to the said commissioners for their consideration at the time of or subsequently to such application ; provided that the same be so sig- nified before the said commissioners affix their common seal to any instrument granting the right of nomination to such church or chapel. " X. And be it further enacted, that the right of patronage already granted with respect to any such church or chapel shall not be afiected by reason of such nomination or appointment not having been sent to the said commissioners at the same time as the application aforesaid. " XI. And be it further enacted, that from and after the passing of this act no subscriber for a less amount than fifty pounds towards the building or endowment of any church or chapel shall be entitled to join in making such nomination or appointment as aforesaid, under the said recited act, to the said commissioners or the bishop of the diocese. " XII. And be it further enacted, that for the purposes of the said recited acts passed in the first and second years of the reign of his late majesty King "William the Fourth, chapter thirty-eight, and the first and second years of her present majesty's reign, chapter one hundred and seven, an endowment consisting of houses or lands in fee-simple of the value of one thousand pounds at the least, or an endowment of one thousand pounds at the least vested in houses or lands in fee- simple, or an endowment of such a sum vested in houses or lands in fee-simple as will with a further investment in the funds amount to one thousand pounds at the least, may be taken in those cases where the bishop of the diocese is authorized, if he sees fit, to grant the perpetual right of nominating a minister in the manner specified in the said recited acts or either of them ; provided that where such endowment consists of houses or lands in fee-simple of the value of one thousand pounds at the least, or where such endowment is composed of such a sum vested in houses or lands in fee-simple as will, with a further investment in the funds, amount to one thousand pounds at the least, a certificate shall in each such case be produced to the bishop of the diocese, signed by two architects or surveyors to the effect that the actual value of such endowment amounts to one thousand pounds at the least. " XIII. And be it further enacted, that where by the said recited act passed in the first and second years of the reign of his late majesty King William the Fourth future trustees or a future trustee for any church or chapel built and endowed under that act are directed to be chosen in such manner as may in the first instance be agreed upon by the persons building and endowing such church or chapel, or the major part of them, and the bishop of the diocese, under their hands and seals, in the place and stead of any one or more of the trustees who shall from time to time die, resign, or become incapable of acting, and in whom the right of nomi- nating a minister to such church or chapel shall be vested, the major part in value of the subscribers to the building and endowing such church or chapel shall in every such case be entitled to make such agreement touching the appointment of any such future trustees or trustee, with the bishop of the diocese, under their hands and seals, anything in the said recited act to the contrary notwithstanding ; providing that from and after the passing of this act no such subscriber shall be so entitled unless his subscription shall amount to at least fifty pounds, as provided by this act. " XIV. And be it further enacted, that where a parish has been divided into Stat. 3 & 4 Vict. c. 60. Subscribers to the building and endowing of a church or chapel under 1 & 2 Gul. 4, c. 38, may nominate a patron to the commissioners subsequent to the applica- tion. In case of neglect to no- minate. Who entitled to make such nomination. Amount of endowment necessary where the bishop is authorized to grant the patronage of a church built under 1 & 2 Gul. 4, c. 38, and 1 & 2 Vict. c. 10". Major part in value of sub- scribers to a church or chapel may in certain cases appoint new trustees. Census of 1070 STATUTA VICTORIA. A.D. 18.37-1844. Stat. 3 & 4 Vjct. c. 60. original parish may be used in certain cases under 1 & 2 Gul. 4, c. 38, and 1 & 2 Vict. c. 107. A perpetual rent-charge for repairs under 1 & 2 Gul. 4, c. 38 and 1 & 2 Vict. c. 107, maybe secured on lands, &c. which may be assigned to the incumbent. Where a church, &c. is built in an extra-paro- chial place, and there is no incumbent, notices may be sent to the bishop. Additional endowments may be made; but not to be exempted from the Mortmain Acts, where separate and distinct parishes, or a district parish or district parishes have been formed out of such parish, under the provisions of the said recited acts, or by any competent authority, and where no separate census has been made by authority of parliament of the population of such distinct and separate or district parishes, the jurisdiction given by the said recited acts of the first and second years of the reign of his late majesty King William the Fourth, or of the first and second years of the reign of her present majesty, to the said commissioners, or to the bishop of the diocese, (as the case may be,) to declare the right of patronage under such acts, shall not be invalidated by reason of no such separate census having been made, whether such jurisdiction has been or may be exercised before or after the passing of this act : and that it shall be sufficient in every such case, with reference to the amount of population, to state in the notices or copies of application, (required to be served on or sent to the patron or incumbent under such acts, or one of them,) the amount of the population according to the last parliamentary census of the original parish ; and the patron and incumbent of the distinct and separate parish or district parish in which the new church or chapel built or proposed to be built shall be situate shall in every such case be considered to be the patron and incum- bent to whom such notices or copies of application are required to be sent or served under such acts or one of them ; provided that in every such case where the bishop of the diocese claims to have jurisdiction under the said recited acts or either of them to grant such right of patronage, by reason of the population of the parish amounting to two thousand persons, with church accommodation for not more than one third of the inhabitants thereof, the population of such original parish shall amount, according to the last parliamentary census, to two thousand persons at the least, and that the existing churches and chapels in such original parish do not afford accommodation for more than one third of the inhabitants thereof. "XV. And he it further enacted, that for the purpose of a fund directed or authorized to he secured for the repairs of a church or chapel built and endowed or to be built and endowed under the said last-mentioned acts or one of them, a perpetual rent-charge, equal in value to the repair fund directed or authorized by the said acts or either of them to be secured for such purpose, may be made on lands or other hereditaments ; and it shall and may be lawful for the incumbent of such church or chapel, so soon as the same has been consecrated, and a particular district assigned thereto, under the said recited act of the first and second years of his late majesty King William the Fourth, to accept, take, and hold any such rent-charge upon the trusts and for the intents and purposes for which the same shall have been or hereafter may be given or granted, by the person or persons providing the same, in like manner as any such repair fund may now be taken or held by any private trustee or trustees ; and it shall and may be lawful for any trustee or trustees of any such repair fund to assign and transfer such rent-charge to such incumbent and his successors, to be held and applied by him or them, or to allow the same to be so applied, upon the same trusts, intents, and purposes as the same previously to such assignment and transfer were held by such trustee or trustees. " XVI. And be it further enacted, that where a church or chapel has been or shall hereafter be built and endowed, under the provisions of the said last-men- tioned acts or either of them, in any extra-parochial place, where there is no incumbent, it shall be sufficient, with respect to the notices required to be sent or served on the patron and incumbent, to send such notices with respect to such extra- p irochial place to the bishop of the diocese alone ; and such notices, when so sent, shall be deemed to be as good and valid as if the same had been sent to the patron and incumbent. " XVII. And be it further enacted, that an additional permanent endowment may be at any time made for the use or benefit of any church or chapel, or of the incumbent or minister thereof, which may have been previously built and en- dowed under the said last-mentioned acts or either of them ; and such additional endowment may consist of houses, lands, tithes, advowsons, rent-charges, tene- ments, or other hereditaments, or of money in the funds, or of money to be laid STATUTA VICTORLE. A.D. 1837—1844. 1977 out in lands or other hereditaments ; provided always, that nothing herein con- tained shall be construed to extend to the authorizing any such additional endow- ment, without the same being subject to the provisions of the Mortmain Acts, which shall amount, together with the former endowment or endowments, in any one case to more than the clear yearly value of three hundred pounds. " XVIII. And he it further enacted, that in any case in which the said com- missioners, or the bishop of the diocese, as the case may be, shall hereafter grant the patronage of any church or chapel built and endowed or to be built and endowed under the said recited acts passed in the first and second years of the reign of his late majesty King William the Fourth and in the first and second years of the reign of her present majesty, or either of them, and shall hereafter assign a particular district to such church or chapel under the said first-mentioned act, and shall determine under that act that the offices of baptisms, churchings, or burials, or some or one of them, shall be performed in such church or chapel, it shall be lawful for the said commissioners, if they think fit, with the consent in writing of the bishop of the diocese, or for the bishop of the diocese alone, as the case may be, to order and direct that all or a portion of the fees arising from the performance of such offices, and from the making, opening, or using any catacombs, vaults, or ground for burials of or belonging to such church or chapel, shall, from and after the next avoidance of the parish church of the parish in which such church or chapel is situated, belong and be paid to the incumbent of such church or chapel for his own use and benefit ; and every such order or direction shall be good and valid, anything in the said recited acts or either of them, to the contrary not- withstanding; and every such order and direction shall be registered in the registry of the diocese. " XIX. And be it enacted, that in every case in which any grant shall have been or shall be made of any land or ground to the said commissioners for any of the purposes of the said recited acts or of any of them, either for a valuable considera- tion being paid for the same, and in which the said commissioners shall determine to apply a part only of such land or ground to any of the purposes of the said recited acts or any of them, it shall be lawful for the said commissioners and they are hereby authorized and empowered, with the consent of the grantor or grantors or donor or donors (as the case may be) of such land or ground, or of his, her, or their heirs or successors, (which consent such grantor or grantors or donor or donors, and his, her, or their heirs and successors, whether he, she, or they shall or shall not be under any legal or equitable disability or incapacity whatsoever to give such consent, is and are hereby fully authorized and empowered to give accordingly,) to apply any part of such land or ground which shall not have been or shall not be applied by the said commissioners for the purposes of the said recited acts, or of any of them, to any other ecclesiastical purposes, either as glebe or otherwise, for the use of the incumbent or minister of the parish, place, or district in which such land or ground is situate, or for the purpose of any parochial or charitable school or any other charitable or public purpose relating to any such parish or place. " XX. And be it enacted, that it shall be lawful for the said commissioners, and they are hereby authorized, if they think proper, to defray the law costs and other incidental expenses of amending or consolidating the hereinbefore recited acts and this act, out of any money in their hands arising out of exchequer bills issued to them under the provisions of the hereinbefore recited acts of the fifty-eighth year of the reign of his late majesty King George the Third, and of the fifth year of the reign of his late majesty King George the Fourth, or either of them. " XXI. And be it further enacted, that the provisions contained in an act passed in the first and second years of the reign of her present majesty, intituled, * An Act to abridge the holding of Benefices in Plurality, and to make better Pro- vision for the Residence of the Clergy,' touching the party or parties who for the purposes of such act shall be in the cases therein mentioned considered the patron or patrons, and the manner in which the consent of or the execution of any deed or deeds, instrument or instruments by or notice to such patron or patrons shall be given or effected, shall apply to the consent of, or the execution of any deed or Stat. 3 & 4 Vict. c. 60. the clear yearly value of the whole is more than 300/. Commission- ers, with con- sent of bishop, or bishop alone, may order the fees for eccle- siastical offices to belong, after next avoidance of parish church, to the incum- bent of the endowed church or chapel. Commissioners may apply land to eccle- siastical pur- poses, or to parochial or charitable uses. Commissioners may defray the costs of con- solidating the recited acts and this act. The provisions of 1 & 2 Vict, c. 106, as to the parties to be considered patrons, and to the mode of giving con- sents, to apply to this act. 1978 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 60. To what parts only this act shall extend. deeds, instrument or instruments by or notice to such patron or patrons for the purposes of the hereinbefore first recited acts or this act. " XXII. And be it further enacted, that this act shall extend only to that part of the United Kingdom called England and Wales, and to the isle of Man, and to the islands of Guernsey, Jersey, Alderney and Sark." Stat. 3 & 4 Vict. c. 72. 4 Geo. 4, c. 76. 6 & 7 Gul. 4, c. 85. 7 Gul. 4 & Vict. c. 22. Certificate of notice not to be granted for marriage out of the district where the parties dwell, except as here- inafter enacted. In what case marriage may be solemnized out of the district in which the parties dwell. Form of notice. LXVIII. Stat. 8 & 4 Victoria, c. 72. A.D. 1840. "An Act to provide for the Solemnization of Marriages in the Districts in or near which the Parties reside" " Whereas by an act passed in the fourth year of the reign of King George the Fourth, intituled, ' An Act for amending the Laws respecting the Solemnization of Marriage in England,' it is provided, that in all cases where banns shall have been published, the marriage shall be solemnized in one of the parish churches or chapels where such banns shall have been published, and in no other place what- soever : and whereas by an act passed in the seventh year of the reign of his late majesty, intituled, 6 An Act for Marriages in England,' provision is made for mar- riages intended to be solemnized in England, after notice given, according to the forms authorized by the last-recited act, which act has been explained and amended by an act passed in the first year of the reign of her present majesty : and whereas it is expedient to restrain marriages under the said act of his late majesty from being solemnized out of the district in which one of the parties dwells, unless either of the parties dwells in a district within which there is not any registered building, wherein, under the provisions of the said act of his late majesty, as explained and amended by the said act of her present majesty, marriage is solem- nized according to the form, rite, or ceremony the parties see fit to adopt : be it therefore declared and enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that it is not and shall not be lawful for any superintendent registrar to give any certificate of notice of marriage where the building in which the marriage is to be solemnized, as stated in the notice, shall not be within the district wherein one of the parties shall have dwelt for the time required by the said act of his late majesty, except as herein- after is enacted. " II. And be it enacted, that it shall be lawful for any party intending mar- riage under the provisions of the said act of his late majesty, in addition to the notice required to be given by that act, to declare at the time of giving such notice, by indorsement thereon, the religious appellation of the body of Christians to which the party professeth to belong, and the form, rite, or ceremony which the parties desire to adopt in solemnizing their marriage, and that, to the best of his or her knowledge and belief, there is not within the district in which one of the parties dwells any registered building in which marriage is solemnized according to such form, rite, or ceremony, and the district nearest to the residence of that party in which a building is registered wherein marriage is so solemnized, and the registered building within such district in which it is intended to solemnize their marriage ; and after the expiration of seven days or twenty-one days, as the case may require, under the said act of his late majesty, it shall be lawful for the superintendent registrar to whom any such notice shall have been given to issue his certificate, according to the provisions of that act ; and after the issuing of such certificate the parties shall be at liberty to solemnize their marriage in the regis- tered building stated in such notice: provided always, that after any marriage shall have been solemnized it shall not be necessary in support of such marriage to give any proof of the truth of the facts herein authorized to be stated in the notice, nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage. " III. And be it enacted, that the additional notice hereinbefore authorized to be given may be according to the form in the schedule to this act annexed, or to the like effect. STATUTA VICTORIA. A.D. 1337-1844. 1979 " IV. And be it enacted, that every person who shall knowingly and wilfully Stat. 3 & 4 make any false declaration under the provisions of this act, for the purpose of pro- Vict. c. 72. During any marriage out of the district in which the parties or one of them dwell, Persons shall suffer the penalties of perjury: provided always, that no such prosecution making false shall take place after the expiration of eighteen calendar months from the solem- ^ nization of such marriage. perjury. " V. Provided always, and be it enacted, that, notwithstanding anything herein Provision as to or in the said recited acts or either of them contained, the society of friends com- marriages of monly called quakers, and also persons professing the Jewish religion, may law- ^g™jj^t°f f fully continue to contract and solemnize marriage according to the usages of the friends^and0 said society and of the said persons respectively, after notice for that purpose duly Jews, given, and certificate or certificates duly issued, pursuant to the provision of the said recited act of his late majesty, notwithstanding the building or place wherein such marriage may be contracted or solemnized be not situate within the district or either of the districts (as the case may be) in which the parties shall respec- tively dwell. " VI. And be it enacted, that this act may be amended or repealed by any act Act may be to be passed in this present session of parliament." amended this session. " The Schedule to which the Act refers. " I, the undersigned and within-named James Smith, do hereby declare, that I, being [here insert, a member of the church of England, a Roman catholic, inde- pendent, baptist, presbyte nan, unitarian, or such other description of the religion of tltc party], and the within-named Martha Green, in solemnizing our intended marriage, desire to adopt the form, rite, or ceremony of the [Roman catholic church, independents, baptists, presbyterians, unitarians, or other descriptio?i of the form, rite, or ceremony the parties state it to be their desire to adopt]; and that to the best of my knowledge and belief there is not within the superintendent regis- trar's district in which [I dwell], or [in which the said Martha Green dwells], any registered building in which marriage is solemnized according to such form, rite, or ceremony ; and that the nearest district to [my dwelling-place], or to [the dwelling- vlace of the said Martha Green], in which a building is registered wherein marriage may be solemnized according to such form, rite, or ceremony, is the [here insert the name by which the superintendent registrar's district is designated]; and that we intend to solemnize our marriage in the registered building within that district known by the name of [here insert the name by which the building has been regis- tered]. Witness my hand this tenth day of August, one thousand eight hundred and forty. "(Signed) James Smith. "[The italics in this schedule to be filled as the case may be.]" LXIX. Stat. 3 & 4 Victoria, c. 77. A.D. 1840. Stat. 3 & 4 uAn Act for improving the Condition and extending the Benefits of Grammar ^ ICT* C' '7* Schools(l)." " Whereas there are in England and Wales many endowed schools, both of royal and private foundation, for the education of boys or youth wholly or princi- pally in grammar; and the term 'grammar' has been construed by courts of equity as having reference only to the dead languages, that is to say, Greek and (1) Grammar Schools:— Respecting the 2 Russ. 501 ; Attorney- General v. Hartley, endowment of grammar schools, appoint- 2 J. & \V. 379; Withnell v. Garthayn {Clerk), ment, dismissal, power, and duty of the 6 T. R. 388 ; Rex. v. York {Archbishop of ), master of a grammar school, previously to Ibid. 490; King Y.Ford, 1 Stark. N. P. C. Stat. 3 & 4 Vict. c. 77, vide Wilkinson v. 421 ; Doe d. Coyle {Clerk) v. Cole, 6 C. & P. Malin, 2 C. & J. 636; Attorney-General v. 359; Doe d. Daryx. Huddon, 3 Doug. 310; Brentwood School {Master of), 1 M. & K. and Doe d. Thanet {Earl of) v. Gartham 377; In re Rugby School, 1 Beav. 457; {Clerk), 1 Bing. 357. Attorney -General v. Mansfield {Earl of), 1980 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 77. Courts of equity em- powered, whenever a question comes before them, to make de- crees or orders extending the system of edu- cation and the right of admis- sion into any school, and to establish schemes for the application of its revenues, having due regard to the intentions of the founder. Becore making Latin ; and whereas such education, at the period when such schools or the greater part were founded, was supposed not only to be sufficient to qualify boys or youth for admission to the universities, with a view to the learned professions, but also necessary for preparing them for the superior trades and mercantile business ; and whereas from the change of times and other causes such education, without instruc- tion in other branches of literature and science, is now of less value to those who are entitled to avail themselves of such charitable foundations, whereby such schools have, in many instances, ceased to afford a substantial fulfilment of the intentions of the founders ; and the system of education in such grammar schools ought therefore to be extended and rendered more generally beneficial, in order to afford such fulfilment ; but the patrons, visitors, and governors thereof are gene- rally unable of their own authority to establish any other system of education than is expressly provided for by the foundation, and her majesty's courts of law and equity are frequently unable to give adequate relief, and in no case but at consi- derable expense ; and whereas in consequence of changes which have taken place in the population of particular districts it is necessary, for the purpose aforesaid, that in some cases the advantages of such grammar schools should be extended to boys other than those to whom by the terms of the foundation or the existing sta- tutes the same is now limited, and that in other cases some restriction should be imposed, either with reference to the total number to be admitted into the school, or as regards their proficiency at the time when they may demand admission ; but in this respect also the said patrons, visitors, and governors, and the courts of equity, are frequently without sufficient authority to make such extension or restriction ; and whereas it is expedient that in certain cases grammar schools in the same place should be united ; and whereas no remedy can be applied in the premises without the aid of parliament, be it therefore declared and enacted by the queen's 'most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that whenever, after the passing of this act, any question may come under consideration in any of her majesty's courts of equity concern- ing the system of education thereafter to be established in any grammar school, or the right of admission into the same, whether such question be already pending, or whether the same shall arise upon any information, petition, or other proceedings which may be now or at any time hereafter filed or instituted, for whatever cause the same may have been or may be instituted, according to the ordinary course of proceedings in courts of equity, or under the provisions of this act, it shall be lawful for the court to make such decrees or orders as to the said court shall seem expedient, as well for extending the system of education to other useful branches of literature and science, in addition to or (subject to the provisions hereinafter contained) in lieu of the Greek and Latin languages, or such other instruction as may be required by the terms of the foundation or the then existing statutes, as also for extending or restricting the freedom or the right of admission to such school, by determining the number or the qualifications of boys who may thereafter be admissible thereto, as free scholars or otherwise, and for settling the terms of admission to and continuance in the same, and to establish such schemes for the application of the revenues of any such schools as may in the opinion of the court be conducive to the rendering or maintaining such schools in the greatest degree efficient and useful, with due regard to the intentions of the respective founders and benefactors, and to declare at what period and upon what event such decrees or orders, or any directions contained therein, shall be brought into operation, and that such decrees and orders shall have force and effect, notwithstanding any pro- visions contained in the instruments of foundation, endowment, or benefaction, or in the then existing statutes : provided always, that in case there shall be any special visitor appointed by the founder, or other competent authority, opportunity shall be given to such visitor to be heard on the matters in ques- tion, in such manner as the court shall think proper, previously to the making such decrees or orders. " II. Provided always, and be it enacted, that in making any such decree or STATUTA VICTORIA. A.D. 1887— 1844. 1981 order the court shall consider and have regard to the intentions of the founders and benefactors of every such grammar school, the nature and extent of the foun- dation and endowment, the rights of parties interested therein, the statutes by which the same has been hitherto governed, the character of the instruction there- tofore afforded therein, and the existing state and condition of the said school, and also the condition, rank, and number of the children entitled to and capable of enjoying the privilege of the said school, and of those who may become so capable if any extended or different system of education, or any extension of the right of admission to the said school, or any new statutes, shall be established. " III. Provided also, and be it enacted, that unless it shall be found necessary from the insufficiency of the revenues of any grammar school, nothing in this act contained shall be construed as authorizing the court to dispense with the teaching of Latin and Greek, or either of such languages now required to be taught, or to treat such instruction otherwise than as the principal object of the foundation ; nor to dispense with any statute or provision now existing, so far as relates to the qualification of any schoolmaster or under master. " IV. Provided also, and be it enacted, that in extending, as hereinbefore pro- vided, the system of education or the right of admission into any grammar school in which the teaching of Greek or Latin shall be still retained, the court shall not allow of the admission of children of an earlier age or of less proficiency than may be required by the foundation or existing statutes, or may be necessary to show that the children are of capacity to profit by the kind of education designed by the founder. " V. Provided also, and be it enacted, that whenever, on account of the insuffi- ciency of the revenues of any grammar school, the court shall think fit to dispense with the teaching of Greek or Latin, the court shall prescribe such a course of instruc- tion, and shall require such qualifications in the children at the period of their admission, as will tend to maintain the character of the school as nearly as, with reference to the amount of the revenues, it may be analogous to that which was contemplated by the founder ; and that whenever, on the like account, the court shall think fit to dispense with any statute or provision as far as relates to the qua- lification of any schoolmaster or under master, the court shall substitute such qualification as will provide for every object implied in the original qualification, which may be capable of being retained notwithstanding such insufficiency of the revenues. " VI. Provided also, and be it enacted, that in case the appointment of any additional schoolmaster or under master shall be found necessary for the purpose of carrying the objects of this act into execution, the court shall require the same qualification in such new schoolmaster or under master respectively as may be required by the existing statutes in the present schoolmaster or under master, except such as may be wholly referable to their capability of giving instruction in any particular branch of education ; but that every other qualification implied in the qualification of the original schoolmaster or under master, and capable of being retained, shall be retained and required in such new schoolmaster or under master ; and the court shall also in such case declare in whom the appointment of such new schoolmaster or under master shall be vested, so as to preserve as far as may be the existing rights of all parties with regard to patronage. " VII. Provided also, and be it enacted, that although under the provisions hereinbefore contained the teaching of Greek or Latin in any grammar school may be dispensed with, every such school, and the masters thereof, shall be still consi- dered as grammar schools and grammar schoolmasters, and shall continue subject to the jurisdiction of the ordinary as heretofore ; and that no person shall be authorized to exercise the office of schoolmaster or under master therein without having such licence, or without having made such oath, declaration, or subscrip- tion as may be required by law of the schoolmasters or under masters respectively of other grammar schools. " VIII. Provided also, and be it enacted, that whenever the court shall think fit to extend the freedom of or the right of admission into any grammar school, Stat. 3 & 4 Vict. c. 77. such decrees, the courts shall consider the intentions of the found- ers, the state of school, &c. Court not to dispense with the principal objects, or the qualifications required, un- less revenues are insufficient. Standard of admission not to be lowered where Greek and Latin is retained. Where the teaching of Greek and Latin is dis- pensed with, analogous instruction to be substituted, &c. Qualifications of new school- masters, and right of ap- pointment, regulated. Schools to be grammar schools, though Greek and Latin dispensed with, and masters subject to the ordinary. Extension of right of ad- 1982 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 77. mission not to prejudice existing rights Where several schools are in one place, and the revenues of any are insufficient, they may be united. Consents necessary to union. Present school- masters not to be affected, but to be at liberty to resign on receiving pensions. How new ap- pointment of master to be made. Lapse of right of nomination of master shall take place from time of settling the new statutes. Where suffi- cient powers of discipline exist, the persons pos- sessing to be at liberty to exercise them. Where such powers not such extension sha'l be so qualified by the court, that none of the boys who are by the foundation or existing statutes entitled to such privilege shall be excluded, by the admission of other boys into the said school, either from such school itself or from competition for any exhibition or other advantage connected therewith. " IX. And be it enacted, that in case there shall be in any city, town, or place any grammar school or grammar schools, the revenues of which shall of themselves be insufficient to admit of the purposes of their founder or founders being effected, but which revenues if joined to the revenues of any other grammar school or grammar schools in the same city, town, or place would afford the means of effect- ing the purposes of the founders of such several schools, it shall be lawful for the court of Chancery to direct such schools to he united, and the revenues of the schools so united to be applied to the support of one school to be formed by such union, and which shall be carried on according to a scheme to be settled for that purpose under the direction of the said court; provided always, that before application shall be made to the court to direct such union the consent of the visitor, patron, and governors of every school to be effected thereby shall be first obtained. " X. Provided always, and be it enacted, that no new statutes affecting the duties or emoluments of any schoolmaster or under master shall be brought into operation as regards any such master who shall have been appointed previously to the passing of this act without his consent in writing ; but that in case any such schoolmaster or under master as last aforesaid shall be unwilling to give such consent as aforesaid, and shall be desirous or willing to resign his office on receiving a retiring pension, it shall be lawful for the governors, if there be any competent to act, or if there be no such governors, for the visitor, to assign to such master such pension as to them or him, (as the case may be,) shall seem reasonable from the time of his resignation, which pension, if approved as hereinafter mentioned, the trustees of the said school are hereby authorized and required to pay to him, or his order, according to the terms of such assign- ment. " XI. And be it enacted, that any schoolmaster appointed in any grammar school after the passing of this act shall receive his appointment subject to such new statutes as may be made and confirmed by the court of Chaucery, in pur- suance of any proceedings which may be commenced under this act, within six months after such vacancy shall have occurred. " XII. Provided always, and be it enacted, that the term on the expiration of which any right of nomination or appointment of the master in any grammar school would otherwise lapse shall, on the first avoidance of the office which shall occur after the passing of this act, be computed from the time of the confirmation of the new statutes by wrhich the school is to be in future governed, or if no pro- ceedings are pending for the purpose of having statutes established from the expi- ration of the time writhin w7hich such proceedings may be instituted, and not from the time of the avoidance. " XIII. And whereas it is expedient that the discipline of grammar schools should be more fully enforced ; be it declared and enacted, that in all cases in which sufficient powers, to be exercised by way of visitation or otherwise in respect of the discipline of such schools, shall already exist and be vested in any person or persons, it shall be lawful for such person or persons to exercise the same wrhen and so often as they shall deem fit, either by themselves person- ally or by commission, without being first requested or required so to do, and likewise to direct such returns to be made by the masters of such schools, of the state thereof, of the books used therein, and of such other particulars as he or they may think proper, and also to order such examinations to be held into the proficiency of the scholars attending* the same as to him or them may seem expedient. " XIV. And be it enacted, that in all cases in which any person or persons having authority, by way of visitation or otherwise, in respect of the discipline STATUTA VICTORIA. A.D. 1837-1844. 1983 of any grammar school, may not have sufficient power properly to enforce the Stat. 3 & 4 same, it shall be lawful for the court of Chancery to order and direct that the Vict. c. 77. powers of such person or persons shall be enlarged to such extent and in such sufficient, manner, and subject to such provisions, as to the said court shall seem fit. court may "XV. And be it enacted, that in all cases in which no authority, to be exer- ^j^Cno cised by way of visitation in respect of the discipline of any grammar school, is powerSj cour(t * now vested in any known person or persons, it shall be lawful for the bishop of may create the diocese wherein the same is locally situated to apply to the court of Chancery, them, stating the same : and the said court shall have power if it so think fit to order that the said bishop shall be at liberty to visit and regulate the said school in respect of the discipline thereof, but not further or otherwise. " XVI. And be it enacted, that in event of the person or persons by whom Court of Chan- powers of visitation in respect of the discipline of any grammar school ought to be ce.rv mav sulj- exercised refusing or neglecting so to do within a reasonable time after the same ^tltuteaPe^n . % — _ . , . ... . . to act pro hac ought to be exercised, or in the event of its being uncertain m whom the right to vice m certain exercise such powers is vested, such powers shall be exercised pro hac vice by cases. some person specially appointed by the authority of the court of Chancery, on application made by any person or persons interested in such grammar school: provided always, that nothing herein contained shall exempt any visitor from being Proviso. compelled by any process to which he is now amenable to perform any act which he is now compellable to perform. " XVII. And whereas it is expedient to provide for the more easy removal of Court of Chan- imfit and improper masters ; be it declared and enacted, that it shall be lawful for ceiT t0 nave the court of Chancery to empower the person or persons having powers of visita- pomt^iodTof tion in respect of the discipline of any grammar school, or who shall be specially removing appointed to exercise the same under this act, and the governors, or either of masters, them, after such inquiries and by such mode of proceeding as the court shall direct, to remove any master of any grammar school who has been negligent in the discharge of his duties, or wrho is unfit or incompetent to discharge them properly and efficiently, either from immoral conduct, incapacity, age, or from any other infirmity or cause whatsoever. " XVIII. Provided always, and be it enacted, that in case the cause for which Power in any master be removed shall be incompetency from age or other infirmity, it shall certain cases be lawful for the said governors, with the approbation of the visitor, to assign to to as.sign the use of such master any portion of the annual revenues of the said grammar g^n""6 school in one or more donations, or by way of annuity determinable on the death of such master, or on any other specified event during his life, or to assign to him any part of the estate of the said grammar school for his occupation for a term determinable in like manner ; provided that there shall remain sufficient means to provide for the efficient performance of the duties which belong to the office from which such master shall be removed. "XIX. And for the more speedy and effectual recovery of the possession of Premises held any premises belonging to any grammar school which the master who shall have over by mas- been dismissed as aforesaid, or any person who shall have ceased to be master, shall ters dismissedt hold over after his dismissal or ceasing to be master, except under such assign- Pr,^a^ng to i v j 3 n . . m ., . , » hold office, to ment as may have been made under the provisions of this act, the term of such be recovered in assignment being still unexpired, and the premises assigned being in the actual a summary occupation of the master so dismissed or ceased to be master, be it enacted, that when and as often as any master holding any schoolroom, schoolhouse, or any other house, land, or tenement, by virtue of his office, or as tenant or otherwise under the trustees of the said grammar school, except on lease for a term of years still unexpired, shall have been dismissed as aforesaid, or shall have ceased to be master, and such master, or (if he shall not actually occupy the premises or shall only occupy a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up pos- session of the premises, or of such part thereof respectively, except such as are hereinbefore excepted, within the space of three months after such dismissal or ceasing to be master, it shall be lawful for justices of the peace acting for the of the clergy reserves, and for the distribution of the proceeds thereof," in re- spect of both the enactments specified in the question propounded to them by their lordships; and that the sales which had been, or might be, effected in consequence, were void. 3 Mirror of Parliament, 2590, 2719. This opinion of the judges caused the enactment of Stat. 3 & 4 Vict. c. 78. STATUTA VICTORIA. A.D. 1837—1844. 1987 or incumbencies of the parties now receiving the same: provided always, that until the annual fund so to be created and deposited with the receiver-general shall suffice to meet the above-mentioned stipends and allowances, the same, or so much thereof as the said fund may be insufficient to meet, shall be defrayed out of the casual and territorial revenue of the crown in the province of Canada. " IV. And be it enacted, that as soon as the said fund shall exceed the amount of the several stipends and allowances aforesaid, and subject always to the prior satisfaction and payment of the same, the said annual fund shall be appropriated as follows; (that is to say,) the net interest and dividends accruing upon the invest- ments of the proceeds of all sales of such reserves sold or to be sold under the authority of the before-recited act of the eighth year of the reign of King George the Fourth shall be divided into three equal parts, of which two shall be appropri- ated to the church of England and one to the church of Scotland in Canada ; and the net interest and dividends accruing upon the investments of the proceeds of all sales of such reserves sold under the authority of this act shall be divided into six equal parts, of which two shall be appropriated to the church of England and one to the church of Scotland in Canada : provided always, that the amount of the before-mentioned stipends and allowances which shall be paid to and received by any clergyman of either of the said churches of England or Scotland shall be taken, as far as the same will go, as a part of the share accruing to each church respec- tively by virtue of this act; (that is to say,) the stipends and allowances to any clergyman of the church of England as part of the share accruing to the church of England, and the stipends and allowances to any clergyman of the church of Scot- land as part of the share accruing to the said church of Scotland, so that neither of the said churches shall receive any further or other sum beyond such respective stipends and allowances until the proportion of the said annual fund allotted to them respectively in manner aforesaid shall exceed the annual amount of such stipends and allowances. " V. And be it enacted, that the share allotted and appropriated to each of the said churches shall be expended for the support and maintenance of public worship and the propagation of religious knowledge, the share of the said church of England being so expended under the authority of the ' Society for the Propagation of the Gospel in Foreign Parts/ and the share of the said church of Scotland under the authority of a board of nine commissioners, to be elected by the synod or synods of the presbyterian church of Canada in connexion with the church of Scotland, under such regulations as shall be from time to time established by the governor of Canada, with the advice of his executive council. "VI. And be it enacted, that the share of each of the said churches shall be paid by the receiver-general or other person appointed as aforesaid in discharge of any warrant or warrants which shall from time to time be issued by the governor of the said province in favour of the treasurer or other officer who shall be respec- tively appointed to receive the same by the said society on behalf of the said church of England, and by the said commissioners on behalf of the said church of Scotland. " VII. And be it enacted, that, subject to the foregoing provisions, the residue of the said annual fund shall be applied by the Governor of Canada, with the advice of the executive council, for purposes of public worship and religious instruc- tion in Canada. " VIII. And be it enacted, that the receiver-general or other person appointed as aforesaid to receive the interest and dividends accruing from the investment of the proceeds of all clergy reserves sold or to be sold shall, on or before the fifteenth day of January in every year, deliver to the governor a certificate in writing under his hand of the net amount which in that year will be applicable to the several churches of England and Scotland out of the said fund under the provisions of this act ; and whenever the sum mentioned in any such certificate to be applicable to the church of England in Upper Canada shall be less than seven thousand seven hundred pounds, or the sum mentioned in the certificate to be applicable to the church of Scotland in Upper Canada shall be less than one thousand five hundred 6 L 2 Stat. 3 & 4 Vict. c. 78. Proviso. Provision for the churches of England and Scotland. Application of the funds so allotted. How allotted funds are to be paid. Application of residue of the fund. Guarantee of the sums of 7700/. to the church of England, and 1580/. to the church of Scotland. 1988 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 78. Accounts of expenditure to be rendered to governor in council. Summary remedy for misapplication of monies. Repeal of part of 31 Geo. 3, c. 31. Meaning of terms, "pro- vince of Ca- nada," and "governor." Act may be amended, &c. and eighty pounds, the deficiency in each case shall be made good out of the conso- lidated fund of the United Kingdom of Great Britain and Ireland, and shall be charged thereupon at the quarter day next ensuing the receipt of such certificate at the Treasury ; and the lord high treasurer, or three or more commissioners of her majesty's Treasury of the United Kingdom of Great Britain and Ireland, shall be authorized by their warrant to direct the issue of the sums needed to supply such deficiency in the following manner; (that is to say,) such sum as shall be needed to supply the deficiency of the said sum of seven thousand seven hundred pounds to such person or persons as shall be appointed to receive the same by the Society for the Propagation of the Gospel in Foreign Parts, and such sum as shall be needed to supply the deficiency of the said sum of one thousand five hundred and eighty pounds to such person or persons as shall be appointed to receive the same by any writing under the hands of any three or more of the commissioners under whose authority the share of the church of Scotland is to be expended as aforesaid ; and all sums so paid out of the consolidated fund shall be severally applied, under the authority of the said society and of the last-mentioned commissioners respectively, for the support and maintenance of public worship and the propagation of religious knowledge in each of the said churches in Canada. " IX. And be it enacted, that accounts of the expenditure of every sum of money so to be received out of the said annual fund, or out of the consolidated fund of the United Kingdom of Great Britain and Ireland, by the said churches of England and Scotland, or by any other religious body or denomination of Christians respectively, under the authority of this act, shall be, on or before the twentieth day of J uly in each year, rendered to the governor of the said province in council ; and that until such accounts shall have been rendered, and the due and proper expenditure of the sum granted during any preceding year shall have been esta- blished to the satisfaction of the governor of the said province in council, no other or further sum or proportion of the said annual fund shall be paid or allowed to any or either of the churches, religious bodies, or denominations of Christians failing, neglecting, or refusing to render such account, or to verify the same as aforesaid ; and that copies of such accounts shall annually be laid before the legis- lature of the said province. " X. And be it enacted, that whenever there shall appear to the governor of the said province in council sufficient reason to apprehend that there has been any mis- appropriation or non-appropriation of any sum or sums of money paid to any of the said churches, religious bodies, or denominations of Christians, out of the said annual fund, or any neglect or abuse in the expenditure or management of any such sum or sums, upon direction for that purpose given by the governor, it shall be lawful for the attorney-general to apply summarily, either by petition or infor- mation, to or in the court of Chancery in Upper Canada, or to any one of the superior courts of record in Lower Canada, setting forth the nature of the abuse apprehended, and praying discovery, and relief in the premises, as the nature of the case may require. "XI. And be it enacted, that from and after the passing of this act, so much of an act passed in the thirty-first year of the reign of King George the Third, intituled, 4 An Act to repeal certain Parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America, and to make further Provision for the Government of the Province," ' as relates to any reserva- tions of land hereafter to be made in Upper Canada or Lower Canada for the support and maintenance of a protestant clergy, shall be repealed. " XII. And be it enacted, that in this act the words ' province of Canada* shall be taken to mean the province of Canada as constituted under an act passed in this session of parliament, intituled, * An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ;' and the word * governor' shall be taken to mean and include the governor, lieutenant governor, or person admi- nistering the government of the province of Canada. " XIII. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." STATUTA VICTORIA. AD. 1837—1844. 1989 LXXI. Stat. 3 & 4 Victoria, cap. lxxxv. A.D. 1840. Stat. 3 & 4 Vict cap 'An Act for establishing a general Cemetery in the Parish of Holy Cross and Saint Giles, in or near the Town of Shrewsbury, in the County of Salop." LXXXV. LXXII. Stat. 3 & 4 Victoria, c. 86(1). A.D. 1840. Stat. 3 & 4 "An Act for better enforcing Church Discipline (2)." "Whereas the manner of proceeding in causes for the correction of clerks (1) In Sanders v. Head, (3 Curt. 47,) court of appeal of the province.' Now, there Sir Herbert Jenner Fust gave the following the words first instance, cannot mean the judicial opinion respecting the phraseology notice, but the sentence on the first hearing of the Church Discipline Act : "Undoubt- of the cause. So they are used in the edly the phraseology of the act is not such latter part of the same section. 'When the as, unless the act had been passed in a cause shall have been heard and determined hurry, would have been permitted to remain, in the first instance in the court of the arch- It is clear, that the same words are used in bishop.' By these words, the same meaning different senses in different parts of the act : is not intended to be conveyed in the two for example, in the 13th section which directs sections. What I undersand by them is, the bishop to send letters of request to this that at any time before the commissioners court, the words ' first instance' are used in have proceeded in the inquiry, the bishop a different sense from that in which they are may send the case up to be heard elsewhere." used in the 15th section; for the 15th sec- It may be here observed, that Stat. 3 & 4 tion enacts, 'that it shall be lawful for any Vict. c. 86, does not apply to the Isle of party who shall think himself aggrieved by the Man. judgment pronounced in the first instance (2) Church Discipline : — The following is by the bishop, or in the court of appeal of a statement of the principal statutes enacted the province, to appeal from such judgment, since A.D. 1800, which apply to the general and such appeal shall be to the archbishop, rights, duties, and responsibilities of the and shall be heard before the judge of the clergy in England : Ages of persons admitted into deacons' and priests'] orders, enforcing the due observance of the Canons) 44 Geo. 3, c. 43. U.K. and Rubric respecting j Arrest of a clergyman when performing, going to perform,! or returning from performing divine service, punish- > 9 Geo. 4, c. 31, s. 23. E. ment for J Augmentations of small vicarages and curacies by eccle-1 J ^ j? ™U*' 4' |'ft»5" 14 ) siastical persons, &c, extending the provisions of > J ? f jJr? C* J,, S* It' > E. 29 Car. 2, c. 8, for confirming and perpetuating .... j \ £ \ £ Avoidance of benefices by incumbents accepting aug- mented curacies, suspending an act of 36 Geo. 3, c. 83, relating to Repealed by 48 Geo. 3, c. 5. Benefices, securing, in certain cases, spiritual persons in)cn ~ „ the possession of ... J59 Geo' 3' c" 4(K Benefit of clergy, defining the rights of convicts after havings been punished for clergyable offences ; placing clerks I fi r in orders on the same footing with other persons, as j ' ' c* ti' to felonies ; and limiting the effect of J repealing statutes relative to 7 & 8 Geo. 4, cc. 27, 28 & 29. E. Colonies, permitting the archbishops and the bishop of)^ p „ A London to ordain persons specially for the j ' C' making regulations respecting bishops and] f U.K. clergy, other than those of the united > 3 & 4 Vict. c. 33. { & church of England and Ireland J (U.S.A. Curates, granting 8,000/. for the present relief of 44 Geo. 3, c. 2. E. for the further support and maintenance of sti-)co _ pendiary j53 Geo- 3» c- 149- Amended by 54 Geo. 3, c. 175, s _ Repealed, and other provisions made by 57 Geo. 3, c. 99. } E« Which was repealed and other provi-J , „ n ,T. , sions made by „ / 1 & 2 Vlct- c- 106. Gaols and houses of correction, providing clergy for 55 Geo. 3, c. 48. ) v Amended by 58 Geo. 3,' c. Z2. j * Repealed, and other provisions made/ 4 Geo. 4, c. 64. ) F fcy \ 2 & 3 Vict. c. 56. f ' Holy orders, persons in, disqualified to sit in parliament 41 Geo. 3, c. 63. U. K. ^47 Geo. 3, Sess. 2, c. 75. 1 . 48 Geo. 3, c. 5. j 1990 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 requires amendment ; be it enacted by the queen's most excellent majesty, by Vict. c. 86. Holy orders, enforcing the due observance of the Canons] and Rubric respecting the ages of persons >44 Geo. 3, c. 43. U. K. admitted into deacons' and priests' orders J clergy to be ordained specially for the colonies 1 by the Archbishops of Canterbury and!>59 Geo. 3, c. 60. U. K, York, and Bishop of London J regulations in respect to bishops and clergy,! f U.K. other than those of the united church of > 3 & 4 Vict. c. 33. < & England and Ireland J [U.S.A. Holy Trinity, relieving from certain penalties persons q q 160 q g who impugn tbe doctrine of / eo* ' c' Extended to Ireland by 57 Geo. 3, c. 70. I. House of commons, removing doubts as to eligibility of I „ „ co TT v persons in holy orders to sit in }41 Geo' 3' c' 63' U' K' Houses and glebe lands, spiritual persons enabled to ex-|55 ~ „ . _ change parsonage J eo' ' °* (56 Geo. 3, c. 52. ^o.t'/cl \ 7 Geo. 4, c. 66. relieving incumbents of livings or benefices) 5 q 4 go mortgaged for providing J e0' ' c* jnding the law for providing fit houses for) . 0 ,r » the beneficed clergy / 1 & J Vlct> °' *A' I 1 & 2 Vict. c. 29. [ !&3Vict.c.49,ss.l4,17.J Land tax. small livings exonerated from 46 Geo. 3, c. 133 E. amending the law for providing fit houses for) . „ v. - beneficed clergy J 1 & Amended by j * ngs exonerated from 46 Geo. 3, c. 133. 7 150 Geo. 3, c. 58. J other small livings exonerated from 53 Geo. 3, c. 123. R renewing powers of exoneration 57 Geo. 3, c. 100. J ' ' Penalties, relieving spiritual persons and patrons from,) 7 & g q 4 or E and rendering valid certain resignation bonds } eo. , c. j. Pluralities of livings, staying proceedings for 41 Geo. 3, c. 102. ) n , . J42 Geo. 3, cc. 30 & 86. > E. C°^,Wby i43 Geo. 3, c. 34, expired, j Plurality, abridging the holding of benefices in 1 & 2 Vict. c. 106. E. Queen Anne's bounty, making more effectual, and en- f 43 3' larging the powers \ y ^ £ £ 6g; {2 & 3 Vict. c. 49. 3 & 4 Vict. c. 20, s. 5. 3 & 4 Vict. c. 60. Residence, staying proceedings for non-residence until).. r „ lfto E. 25th March, 1802 J41 t,eo* 6' °' n , . Jf42 Geo. 3, cc. 30 & 86. ConhHUed ^ ' {43 Geo. 3, c. 34, expired. E. amending laws relating to spiritual persons K, ~ 3 c 34 holding farms, and for enforcing residence) ' . , , , /43 Geo. 3, c. 109. A™nd*d*Y ~ t54Geo.3,c.l75. > E. Repealed, and other provisions made by 57 Geo. 3, c. 99. "Which was repealed and other provi-1 j & 2 Vict c 106 ' sions made by J staying proceedings in actions for non-resi-K . r „ fi dence under 43 Geo. 3, c. 84 Ue0, 6' C' °' } E. Continued by 54 Geo. 3, cc. 44, 54, exp. * preventing vexatious suits under 43 Geo. 3, c.K^ QeQ 3 c 54 84, for non-residence / ' explaining and amending act relating to spiri- ] tual persons holding farms, and for en- >54 Geo. 3, c. 175. forcing residence for one year J i^- Continued until 5th April, 1817, by 56 Geo. 3, cc. 6 & 123. J consolidating and amending laws relating tol spiritual persons holding farms, and for >57 Geo. 3, c. 99. enforcing residence J > E. Repealed, and other provisions made by 1 & 2 Vict. c. 106. rendering acts more effectual for promoting") residence, by providing houses, &c. for > 7 Geo. 4, c. 66, E. benefices J STATUTA VICTORIA. A.D. 1837—1344. 1991 and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that an act passed in the first year of the reign of King Henry the Seventh, intituled, * An Act for Bishops to punish Priests and other Religious Men for dishonest Lives,' shall be repealed. " II. And be it enacted, that, unless it shall otherwise appear from the context, the term * preferment,' when used in this act, shall be construed to comprehend every deanery, archdeaconry, prebend, canonry, office of minor canon, priest, vicar, or vicar-choral in holy orders (I), and every precentorship, treasurership, sub- deanery, chancellorship of the church, and other dignity and office in any cathe- dral or collegiate church, and every mastership, wardenship, and fellowship in any collegiate church, and all benefices with cure of souls, comprehending therein all parishes, perpetual curacies, donatives, endowed public chapels, parochial cha- pelries, and chapelries or districts belonging to or reputed to belong, or annexed or reputed to be annexed, to any church or chapel, and every curacy, lectureship, readership, chaplaincy, office, or place which requires the discharge of any spiri- tual duty, and whether the same be or be not within any exempt or peculiar juris- diction ; and the word ' bishop,' when used in this act, shall be construed to com- prehend (2) 'archbishop ;' and the word 'diocese,' when used in this act, shall be construed to comprehend all places to which the jurisdiction of any bishop extends, under and for the purposes of an act passed in the second year of the reign of her present majesty, intituled, 'An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy.' " III. And be it enacted, that in every case of any clerk in holy orders of the united church of England and Ireland who may be charged with any offence against the laws ecclesiastical^), or concerning whom there may exist scandal or evil Stat. 3 & 4 Vict. c. 86. Repeal of 1 Hen. 7, c. 4. Definition of the terms, " preferment," "bishop." "archbishop," and "diocese." 1 & 2 Vict, c. 106. Bishop may issue a com- mission of inquiry. II & 2 Vict. c. 106. 2 & 3 Vict. c. 49. 3 & 4 Vict. c. 20, s. 5. 3 & 4 Vict. c. 60, s. 21. 3 & 4 Vict. c. 86, s. 2. 3 & 4 Vict. c. 113, s. 34 4 & 5 Vict. c. 39, ss. 9, 10, 23, & 24. 5 & 6 Vict. c. 26. Riding-horse, granting exemption from duty for one 41 Geo. 3, c. 40. Repealed by 43 Geo. 3, c. 161. Provisions now in force 4 & 5 Gul. 4, c. 73. (1) Vicar-choral in holy orders: — The vicars-choral of St. Paul's are laymen, and the same remark will, in some instances, apply to other cathedrals. The Church Discipline Act only applies to vicars-choral in holy orders, consequently, lay vicars-choral are not subjected to its provisions ; but they continue under the jurisdiction of the visitor, whose authority is unimpaired by Stat. 3 & 4 Vict. c. 86. (2) Bishop construed to com- prehend:— Bishops are not comprehended under the words "ecclesiastical persons." The rule of the canon law, is, "Clericus, ex vi verbi, non comprehendit episcopum, sed cum adjuncto, sic, in quantum illud adjunc- tum potest concernere episcopum ;" (Lyndw. tie Loc. et Con. c. Vendent. v. Si quis Cle- ricusi) and the same principle is recognised in the following extracts: " Ecclesiasticos judices intellige de inferioribusepiscopo; nam episcopi hac poena non ligantur, eo quod de eis non fit mentio specialis;" (Ibid, de Tes- tam. c. Ita quor. v. Eccles. Jud.;) " Hanc poenam in hoc casu non incurrent episcopi, eo quod de eis non fit mentio specialis." Ibid. c. Adeo. quor. v. Suspensionis. (3) Charged with any offence against the laws ecclesiastical:— 1 992 — 2076. I. Clergymen solemnizing marriages without making due inquiries as to the residence of the parties. 1992—1995. II. Celebrating a marriage between two persons within the prohibited de- grees of affinity. 1995. III. The doctrine relating to contracts of marriage, as contradistinguished from marriage itself. 1996 — 2006. IV. Refusing burial; and improperly per- forming the burial service. 2006 — 2012. V. Baptism by persons alleged to be he- retics or schismatics. 201 2 — 2035. VI. Quarrelling, chiding, and brawling. 2035—2037. VII. Drunkenness, indecent conduct, de- meanour, and language. 2037 — 2039. VIII. Depraving of the Book of Common Prayer. 2039—2040. IX. Observance or non-observance of church offices. 2041—2072. X. A decent communion table. 2072 — 2076. 1002 STATUTA VICTORIA. A.D. 1837—1844. I. Clergymen solemnizing Marriages without making due inquiries as to the Residence of the Parties. In Wynn (Clerk) v. Davies Sf Weever, (1 Curt. 69,) the principal offence charged was, that of publishing the banns of mar- riage, and of marrying persons not resident within the parish ; and the objection taken to the admissibility of the articles, was, that the offence imputed to the appellant, if a violation of the law, was not cognizable in the ecclesiastical courts; and a doubt was raised, whether in fact it ever was cog- nizable in those courts; or if so, whether the jurisdiction had not been taken away by subsequent statutes. Upon such questions Sir Herbert Jenner observed: "The correction of the clergy in matters relating to the performance of divine worship, is, and always has been, more pe- culiarly the province of the ordinary. "That the canon law prohibited clandestine marriages, and inflicted punishment on the parties contracting such marriages, as well as on the minister solemnizing them, is abun- dantly clear; and it is no less certain, that marriages were forbidden to be solemnized by any other than the priest of the parish in which the parties resided ; unless with the licence of the diocesan and of the curate of the parish "The Constitution of Archbishop Reynolds is as follows : (Lyndw. 1. 4, tit. 1, De Spon- salibus et Matrimonio :) 'In matrimonio quoque contrahendo semper tribus diebus dorainicis vel festivis a se distantibus, [this now, by Stat. 4 Geo. 4, c. 76 (ante 1229), must be on three Sundays,] quasi tribus edic- tis, perquirant sacerdotes a populo de im- munitate sponsi et sponsae. Si quis autem sacerdos hujusmodi edicta non servaverit, poenam nuper in concilio super hoc statutam non evadat.' "And as Lyndwood observes in the Gloss.: 'Haec poena est suspensionis per triennium.' Decretal. Greg. 1. 4, tit. 3, c. 3. " Here then is suspension for three years of the minister solemnizing matrimony without publication of banns. Simon Mepham's Constitution is an authority also on this point: 'Quia ex contractibus matrimoniali- bus absque bannorum editione praehabita initis, nonnulla pericula evenerunt, et mani- festum est indies provenire, omnibus et sin- gulis suffraganeis nostris praecipimus statu- endo quod decretalem cum inhibitio, (qua prohibetur ne qui matrimonium contrahant, bannis non praemissis in singulis ecclesiis parochialibus suae dicecesis pluribus diebus solennibus cum major populi affuerit multi- tudo,) exponi faciant in vulgari, et earn firmiter observari, quibusvis sacerdotibus etiam non parochialibus, qui contractibus matrimonialibus ante solennem editionem bannorum initis praesumpserint interesse, poenam suspensionis ab officio per triennium infligendo et hujusmodi contrahentes etiam- si nullum subsit impedimentum poena debita percellendo.' Lyndw. 1. 4, tit. 3. "Also Archbishop Stratford (Ibid.) : 'Prae- sentis auctoritate concilii statuimus, quod exnunc matrimonia contrahentes, et ea inter se solennizari facientes, quaecunque impedi- menta canonica in ea parte scientes, aut prae- sumptionem verisimilem eorundem habentes ; sacerdotes quoque qui solennizationes matri- moniorum prohibitorum hujusmodi seu etiam licitorum inter alios quam suos parochianos in posterum scienter fecerint, dioecesanorum vel curatorum ipsorum contrahentium super hoc licentia non obtenta . . . majoris excom- municationis sententiam incurrant ipso facto.' "The text law then especially prohibits priests from solemnizing marriage, even though lawful, between others than their own parishioners ; and Lyndwood on the same chapter observes, ' Matrimonium dici- tur clandestinum multis modis ;' and amongst others, says, 'Quia non praemittuntur pub- licae denuntiationes sive banna publica.' "There is then no doubt that, not only the parties contracting, but also the priest solem- nizing clandestine marriages, were punish- able by the ancient canon law as received and allowed here ; and that a marriage, not preceded by publication of banns, or licence, or between persons not parishioners, was in the meaning of that law a clandestine mar- riage; and this continued to be the law, down to the time of the passing of the Mar- riage Act (26 Geo. 2, c. 33, ante 847) ; at least, in 1736, it was so held in the case of Middleton v. Croft, (2 Atk. 650, ante 660,) so often referred to, and so much relied on in the argument. And the case of Matingley v. Martyn, (Jon. (Sir W.), 257,) was men- tioned by Lord Hardwicke in support of this part of this judgment, where it was resolved : ' That if any person marry without publica- tion of banns, or licence dispensing with it, they are citable for it in the ecclesiastical court ;' and this even in the case of lay per- sons, so a fortiori in the case of the clergy. "The question then is simply reduced to this, whether the Marriage Act, (4 Geo. 4, c. 76,) by which a clergyman knowingly and wilfully solemnizing marriage without due publication of banns, or licence, is liable to be convicted as a felon, and to be transported for fourteen years, has repealed the canon law, and taken away the ancient jurisdiction of the ecclesiastical court in such matters; and this, undoubtedly, is a very grave and serious question, and deserves great con- sideration, more especially as there does not, as before observed, appear to have been any actual decision upon it ; the only case which is to be found, being that of Campbell (Clerk) v. Aldrich (Clerk), (2 Wils. 79,) which occurred shortly after the Marriage Act (26 Geo. 2) ; that case was to this effect : a clergyman was called upon to answer in the ecclesiastical court, for solemnizing marriage without banns, or licence, and for performing other religious rites without the licence of the ordinary, and a prohibition was prayed upon the suggestion, that since the Marriage Act, the offence was only cognizable in the temporal courts. The court did not abso- lutely determine the point, but the prohibi- tion was made absolute as to marrying with- out banns or licence, the plaintiff having leave to declare in prohibition, in order that the question on the Marriage Act might be more solemnly argued and decided, thereby, as I understand, intimating an inclination against the jurisdiction of the ecclesiastical court ; not STATUTA VICTORLE. A.D. 1837—1844. J 993 deciding that point, as nothing further ap- pears to have been done in the case " In the case of More v. More, (2 Atk. 157,) in 1741, which was before the Mar- riage Act, (26 Geo. 2,) Lord Hardwicke said. 'It is very surprising when canons, with respect to marriages, have laid down directions so plainly for the conduct of ec- clesiastical officers and clergymen, (which, though they have not the authority of an act of parliament, and consequently are not binding upon laymen, yet certainly are pre- scriptions to the ecclesiastical courts, and likewise to clergymen,) that there should be such frequent instances of their departing from them, and introducing a practice en- tirely repugnant to them, vide Can. 62, 102, &.c. in 1603, all of them extremely plain in their directions to ecclesiastical offi- cers and clergymen ; one would think nobody ever read them, neither the officers of the spiritual courts, nor clergymen, or they could not act so diametrically opposite to them. - " 'No ecclesiastical persons can dispense with a canon, for they are obliged to pursue the directions in them with the utmost ex- actness, and it is in the power of the crown to do it only. " 'What Mr. Charles (the clergyman) swears, I believe is true, that it is very fre- quent for surrogates to fill up the blanks in licences with the name of any other parish, and this in some measure may justify him, as it is the common method among clergymen ; but then this will not excuse with regard to penalties in the canon, which expressly directs, that no clergyman shall presume to marry a person out of the parishes in which the man and woman reside.' " In Priestley v. Lamb, (6 Ves. 421,) in which there had been a marriage by banns at the parish church of St. Andrew, Holborn, between a young lady who was at school at Camberwell, and a person who had chambers at Furnival's Inn. The parties left Camber- well on the morning of the marriage, and it did not appear that the lady had actually resided in Holborn ; they were afterwards again married at Lambeth, and the clerk of the parish stated in his affidavit, that it is not customary to make any inquiry as to the residence of parties applying to be mar- ried. Lord Eldon said: 'By the affidavit of the clerk of the parish of Lambeth, it is dis- closed, that they conceive in that parish, that they do their duty to the public and to the individuals, whom they are to marry, never making any inquiry as to the residence of the parties. In the canon law which binds the clergy of this country, from 1328 to 1603. it is laid down, that it is highly crimi- nal to celebrate marriage without a due publication of banns, which must be inter- preted a publication of banns by persons having to the best of their power informed themselves, that they publish banns between persons resident in the parish; and very heavy penalties are by that law inflicted upon clergymen celebrating marriage without li- cence, or a due publication of banns.' He then goes on to mention the penalty by statute, and adds • ' A subsequent clause makes it felony in a clergyman to celebrate marriage without licence or publication of banns. I do not mean to intimate, Stat. 3 & 4 that a clergyman believing there was a resi- Vict.- c. 86. dence would be guilty within that clause. But upon the principles of the common law, as well as the statute law, laying penalties upon marriage without licence or a due pub- lication of banns, though such a fact should not be within the meaning of that clause, it has the character of an offence within the law of this country. What other sense can be given to the 10th section of the act, which lookiug at the person mined, as this girl is, enacts, that after there has been a marriage de facto with publication of banns, no evidence shall be given to disprove the fact of residence in any suit, in which the validity of the marriage comes in question. But for all other purposes it may be the subject of inquiry; and the law of the coun- try would reach it by a criminal informa- tion.' 'From what I have seen in this court, alluding to the cases in which Lord Thurlow and Lord Rosslyn ordered the attendance of the clergymen, I know that this subject is carried on with a negligence and carelessness, that draws in gentlemen of good intentions ; and I feel, that it may be very difficult in this great town, with all possible diligence, to execute this duty as effectually as the law seems to re- quire, that they should execute it: but where a case has occurred, in which it is clear, that if any one of the parties had done what the law required from all of them, this marriage could not have taken place, I must say, it amounted to a criminality, which I hope will not occur in future.' Observations to the same effect were also made by Lord Eldon, in the cases of Nicholson v. Squire, (16 Ves. 260, ante 1234,) and Warter v. Yorke, (19 Ibid. 453.) For the several reasons, therefore, which I have stated, I am of opinion, that the original jurisdiction which the ecclesiasti- cal courts possessed and exercised in cases of this description, is not taken away by any of the statutes; that the ordinary is still enti- tled to proceed to the correction of any of his clergy who may offend against the order of the church, in publishing banns and so- lemnizing matrimony in any other manner than that prescribed by the law ; and that if the charges contained in these articles shall be established by evidence, Mr. Wynn is liable to be canonically punished for such offence." Judgment of the Bishop of Exeter in Voysey v. Martin (Clerk). In a case in which James Voysey was the complainant, and the Rev. George Mar- tin the respondent, the commissioners under Stat. 3 & 4 Vict. c. 86, having reported that there were prima facie grounds for proceed- ings, and the respondent having submitted under the sixth section of such statute, the Bishop of Exeter, on the 4th of April, 1843, pronounced the following sentence : "The facts of this case are not disputed. A young man aged eighteen years and six months, dwelling in1 the parish of Crediton, in his father's house, and a young woman dwelling in the same parish, were married by banns, in the parish church of St. Pancras, in Exeter, by the rector, the Rev. George Martin, who is thus brought under the pe- 1994 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 nalty of the 62nd canon, unless it be shewn, Vict. c. 86. that having taken all due pains to inform him- self, he married the parties under such decep- tion, as a discrete man, in the fair exercise of his discretion, could not have avoided. "In looking to the circumstances, under which Mr. Martin was deceived, one preli- minary consideration cannot fail to present itself, viz., that the narrow limits and small population of his parish, containing, by the census of 1831, only 379 persons, render due inquiry in his instance, at all times, a matter of more than ordinary facility ; and deprive him therefore of any excuse which might have been urged by a minister of one of our larger and more largely peopled parishes. What degree of caution, and what minuteness of inquiry would be deemed ne- cessary in such a case, it is not for me now to define ; I know not, indeed, that any pre- cise line can be defined. An honest man, acting bond fide with the intention of honestly making the inquiry, to secure the object for which the inquiry is enjoined, is not likely to fall short of his duty. Nor was Mr. Martin left by the law without direction as to the time of residence, respecting which he might most properly inquire, or without sufficient means enabling him to make his inquiry effectual. For the Stat. 4 Geo. 4, c. 76, s. 7, provides, that 'no minister shall be obliged to publish banns, unless the persons shall, seven days at least before the time required for the first publication, deliver or cause to be delivered to him a notice in writing of their names, of their house or houses of abode, and of the time during which they have dwelt, inhabited, or lodged in such house or houses/ "Now the obvious meaning of this pro- vision is, that no parties are to be considered as dwelling in a parish for the purpose of being married by banns, who have not dwelt therein more than a week before the first pub- lication, for the notice, which is to be given seven days at least before the publication, ought to state the time during which the par- ties have previously dwelt within the parish. "True it is, that a clergyman is not bound to demand such a notice. But if, waving the security, which the statute pro- vides for him, he finds himself, in conse- quence, to have fallen into a violation of the canon, he has no right to complain, should the penalty of the canon be inflicted. "In the present case, Mr. Martin was content to act on a notice, containing only the names of the parties, and a certificate under the hand of the keeper of a lodging house, that they were lodgers in his house, without any statement whatever of the time during which they had been lodgers ; although this certificate bore date on the very day of the first publication. "It appears, indeed, that he inquired of the clerk, who delivered the notice and cer- tificate to him, how long the parties had been resident, and was answered 1 about six days ;' in other words, not long enough to satisfy the manifest intention of the statute. "Mr. Martin subsequently made inquiry, in person, at the house named in the certi- ficate; a precaution, which, however in itself praiseworthy, was unfortunately rendered altogether useless by the manner in which he conducted his inquiry, for, the only ques- tion asked by him was, whether the parties had lodgings in the house, a question which could hardly elicit any other answer than that which had been already given by the written certificate. Yet, the quality of the house, hav- ing a ticket over its door, inscribed, ' lodgings for single men,' might well have excited some special caution in any considerate mind. " It further appears, by the admission of Mr. Martin to the father of the young man, that, before the marriage, he had asked him of his age, and was informed ' eighteen years and six months,' an answer, which alone ought to have prevented him, even at the last hour, from completing the indiscretion, of which, however, he had already received more than sufficient warning. "Such are the main facts. If the case had proceeded to a full hearing, and if no- thing had appeared to prevent a conviction, the sentence of the canon, heavy as it is, must have been pronounced, 'Suspension per triennium ipso facto.' "Happily, the parties have availed them- selves of a provision in the statute 3 & 4 Vict. c. 86, s. 6, and, in the present stage of the inquiry, after the finding by the commis- sion, ' that there is sufficient prima facie ground for instituting further proceedings,' they have signified their 'consent, that the bishop shall forthwith, without any further proceedings, pronounce such sentence as he shall think fit.' "I am thus enabled to exercise a discre- tion, which otherwise would not have be- longed to me, but which — the absence of everything like imputation of sordid motive on the part of Mr. Martin, the great respectabi- lity of his general character, his inexperience, and, I fear, I must add, the too prevalent practice of many of his seniors in the ministry, make me rejoice to exercise in his favour. "Upon the whole, therefore, considering that this is the first case, in which, within our recollection, proceedings have been in- stituted under this highly penal canon, I trust, that justice will be satisfied by my dealing with it as an occasion for publicly proclaiming the law to my clergy, rather than for enforcing its penalty. Accordingly, I hereby admonish Mr. Martin of his error, and sentence him to pay the sum of ten pounds nomine expensarum. " But I cannot dismiss the case, without expressing my earnest hope that this prose- cution will serve as a warning to others whose conduct may hitherto have been less excusable, than his ; and that to all, it will be apparent, that the public and private evils, resulting from the encouragement of irregular and clandestine marriage, will give to the country an indisputable right to ex- pect that the leniency of the present sentence be not repeated. "It may be said, as I hear it has been said, that the effect of greater strictness of inquiry on the part of the clergy, will be to induce more frequent resort to the union house and the registrar's office. Be it so : let those who seek to be coupled together with a lie on their mouths, go any whither rather than to the house of God, let them STATUTA VICTORIA. A.D. 1837—1844. 1995 not claim the benediction of the church on their unhallowed unions, above all, let them not find pandars to their crime in the minis- ters of Christ and stewards of the mysteries of God." Extract from a Charge of the Bishop of Gloucester and Bristol, respecting the Marriage of Non-residents. The Bishop of Gloucester and Bristol, in a charge to the clergy of his lordship's diocese at the visitation in August and September, 1844, commented in the following language upon clandestine marriages. "The other sub- ject upon which I am constrained to renew my expostulations, is that of clandestine mar- riages. Perhaps I cannot better introduce this matter to your notice, than by repeating the words in which I mentioned it in a charge delivered nine years ago : 1 1 am under the necessity of mentioning, that several com- plaints have reached me from various parts of the diocese, of marriages being celebrated by banns in parishes where neither of the parties had been actually resident. This practice is greatly to be deprecated, as open- ing the door to all the mischiefs of clandes- tine, and possibly, of incestuous unions. It has the additional bad consequence of casting upon the clergyman in whose parish such marriages take place, the suspicion of negli- gence, or of some sordid motives, and of occasioning jealousy and misunderstanding among parochial ministers. I believe the real fault to lie in the laxity of the statute itself. But this is a reason for the clergy- man to exert greater vigilance and caution against imposition. At any rate, whenever called upon to publish the banns of persons unknown to him as parishioners, he is bound to avail himself of the seven days' notice which the law prescribes, and to ascertain that the residence is not fictitious, but that the parties have been actual and bond fide inhabitants of the alleged houses for the time professed in the notice.' " II. Celebrating a Marriage between two Persons within the Prohi- bited Degrees of Affinity. The following judgment was delivered by the Bishop of Gloucester and Bristol against the Rev. G. M. D'Arcy Irvine, for wilfully celebrating an illegal marriage. "In the name of God, Amen. We, James Henry, by Divine permission, Bishop of Gloucester and Bristol, having, pursuant to the provi- sions of an act of parliament, passed in the 3rd and 4th years of the reign of her present majesty, Queen Victoria, entitled, 'An Act for better enforcing Church Discipline,' ap- pointed certain commissioners for the pur- pose of making inquiry as to the grounds of a charge brought by the Venerable Thomas Thorpe, B.D., Archdeacon of Bristol, against the Rev. Gorges Marcus D'Arcy Irvine, Clerk, stipendiary curate of the parish of St. Mary Redcliffe, in the city of Bristol, within our diocese and jurisdiction, for having on the 29th day of January, in the present year, 1843, in the church of St. Mary Redcliffe, aforesaid, celebrated an illegal marriage be- tween William Rodgers and Charlotte Dur- bin, both of the parish of Nailsea, in the county of Somerset, he the said Gorges Mar- Stat. 3 & 4 cus D'Arcy Irvine, knowing at the time, from Vict. c. 86. credible information, that such parties were neither of them resident in the parish of St. Mary Redcliffe, and also that they were within the prohibited degrees of affinity ; and we, having received the report of the said commissioners, that after full inquiry made according to the directions of the statute, they are unanimously of opinion that there is sufficient prima facie ground for instituting further proceedings against the said Gorges Marcus D'Arcy Irvine ; and having our- selves carefully examined and compared the depositions of the witnesses taken before our said commissioners, and having likewise de- liberately considered all the matters laid be- fore us by the said Gorges Marcus D'Arcy Irvine in defence of his conduct, and having received the consent in writing of the said Thomas Thorpe and Gorges Marcus D'Arcy Irvine to our pronouncing, without any further proceeding, such sentence in this case as we shall think fit; we do hereby pronounce, declare, and adjudge, that the said Gorges Marcus D'Arcy Irvine is guilty of having knowingly and wilfully committed the offence with which he stands charged; we, therefore, do decree, that the said Rev. Gorges Marcus D'Arcy Irvine be suspended from the discharge and execution of all the functions of his sacred office in the diocese of Gloucester and Bristol, that is to say, from reading the common prayer, preaching the word of God, administering the holy sacra- ments, and performing all other duties of a clergyman, for the space of one year, such suspension to commence from the time of the publication of these presents. And we do condemn him in the sum of 5 J, towards defraying the expenses of these proceedings. And we do hereby revoke the two licences severally granted by us to the said Gorges Marcus D'Arcy Irvine, dated respectively the 19th day of July, 1840, and the 3rd day of December, 1840; the one for performing the office of stipendiary curate in the parish church of St. Mary Redcliffe ; the other for performing the office of stipendiary chaplain of the bridewell or house of correction of the city and county of Bristol. And we, the said James Henry, Bishop of Gloucester and Bristol, do hereby enjoin the churchwardens of the parish of St. Mary Redclifte, jointly and severally, to affix, or cause to be affixed, a copy of this our sentence on the principal door of the church of this said parish, within one day after they shall have received these presents, and that they shall deposit a copy of the sentence in the chest belonging to the said parish ; and we do hereby direct that these presents, under our hand and episcopal seal, shall be exhibited to the said Gorges Marcus D'Arcy Irvine, a true copy of the same being left with him, and that the ori- ginal be then deposited, along with all the other proceedings had in this cause, in the registry of our diocesan court of Bristol. "Given under our hand and episcopal seal this 8th day of June, in the year of our Lord 1843, and in the thirteenth year of our con- secration. "J. H. Gloucester and Bristol." 1996 STATUTA VICTORIA. A.D. 1837—1844. III. The Doctrine relating to Con- tracts of Marriage, as contra- distinguished from Marriage it- self. The doctrine relating to contracts of mar- riage, as contradistinguished from marriage itself, has been hitherto involved in great obscurity, but the following judgment of Lord Chief Justice Tindal, in the case of The Queen v. Millis (Wr. Err.), and in the case of The Queen v. Carroll (Wr. Err.), (Dom. Proc. 7 Julii, 1843,) has seemingly embodied all the ecclesiastical learning of which the question is susceptible. Lord Chief Justice Tindai: " My lords, the first question which your lordships have proposed to her majesty's judges is the fol- lowing:— f A. and B. entered into a present contract of marriage per verba de prcesenti in Ireland, in the house and in the presence of a placed and regular minister of the congre- gation of the protestant dissenters called Presbyterians ; A. was a member of the esta- blished church of England and Ireland; B. was not a Roman catholic, but either a mem- ber of the established church or a protestant dissenter; a religious ceremony of marriage was performed on the occasion by the said minister between the parties according to the usual form of the presbyterian church in Ireland; A. and B., after the said contract and ceremony, cohabited and lived together for two years as man and wife; A. afterwards, and while B. was living, married C. in Eng- land;— did A. by the marriage in England commit the crime of bigamy?' "In order that your lordships should ap- prehend clearly the grounds of our answer to this question, we think it will be convenient to consider, in the first instance, separately, the general and abstract question, What was the nature and obligatory force of a contract of marriage per verba de prcesenti, by the English common law, previous to the passing of the Marriage Act, 26 George 2 ? and that we should then consider the same question with reference to the particular conditions and circumstances with which it has been submitted for our opinion. "My lords, the abstract question we pro- pose first to consider is one involved in much obscurity ; and if Serjeant Maynard, the most learned lawyer of his day, was compelled to state, in a debate on the commitment of the Marriage Bill passed by the parliament in the time of the Commonwealth, (see 2d vol. Burton's Diary, 337,) ' that the law lies very loose as to things that are naturally es- sential to marriages, as to pre-contracts and dissolving marriages;' and if Lord Chief Justice Holt and other eminent judges have since been found to express themselves with considerable uncertainty upon the same sub- ject; it may well become us, the judges of England of the present day, when for nearly a century the whole doctrine relating to con- tracts of marriage, as contradistinguished from marriage itself, has become nearly a dead letter in our courts, to confess the sub- ject is involved in still deeper obscurity than in the time of our predecessors, and to ac- knowledge ourselves unable to trace out and define the boundary between the contract and marriage itself with absolute certainty. Indeed the learning and ingenuity which have been brought to bear on the subject, as well by the judges of her majesty's court of Queen's Bench in Ireland, amongst whom a difference of opinion has prevailed, as by the counsel at your lordships' bar, upon the ar- gument of this case, is a proof that arguments of great weight, and authorities of which it is impossible to deny the application to the subject matter of controversy, may be ad- vanced on either side of this disputed propo- sition. "In this state of the question, it is only after considerable fluctuation and doubt in the minds of some of my brethren that they have acceded to the opinion which was formed by the majority of the judges upon hearing the argument at your lordships' bar, and that I am now authorized to offer to your lord- ships as our unanimous opinion, that by the law of England, as it existed at the time of the passing of the Marriage Act, a contract of marriage per verba de prcesenti was a con- tract indissoluble between the parties them- selves, affording to either of the contracting parties, by application to the spiritual court, the power of compelling the solemnization of an actual marriage; but that such contract never constituted a full and complete mar- riage in itself, unless made in the presence and with the intervention of a minister in holy orders. "It will appear, no doubt, upon referring to the different authorities, that at various periods of our history there have been deci- sions as to the nature and description of the religious solemnities necessary for the com- pletion of a perfect marriage which cannot be reconciled together; but there will be found no authority to contravene the general position, that at all times, by the common law of England, it was essential to the con- stitution of a full and complete marriage, that there must be some religious solemnity;, that both modes of obligation should exist together, the civil and the religious ; that, besides the civil contract, that is, the con- tract per verba de prcesenti, which has always remained the same, there has at all times been also a religious ceremony, which has not always remained the same, but has varied from time to time, according to the variation of the laws of the church; with respect to which ceremony it is to be observed, that whatever at any time has been held by the law of the church to be a sufficient religious ceremony of marriage, the same has at all times satisfied the common law of England in that respect. If, for example, in early times, as appears to have been the case, from the Saxon laws cited in the course of the argument, the presence of a mass priest was required by the church; and if, at ano- ther time, the celebration in a church, and with previous publication of banns, has been declared necessary by the ecclesiastical law ; and, lastly, if, since the time of the Reforma- tion, the church held a deacon competent to officiate at a regular marriage ceremony; with each of these modes of solemnization the courts of common law have given them- STATUTA VICTORIA. A.D. 1837—1844. 1997 selves no concern, but have altogether acqui- esced therein, leaving such matters to the sole jurisdiction of the spiritual court. So that, where the church has held, as it often has done, down to the time of passing the Marriage Act, that a marriage celebrated by a minister in holy orders, but not in a church, or by such minister in a church, but without publication of banns and without licence, to be irregular, and to render the parties liable to ecclesiastical censures, but sufficient, nevertheless, to constitute the reli- gious part of the obligation, and that the marriage was valid, notwithstanding such irregularity, the law of the land has followed the spiritual court in that respect, and held such marriage to be valid. But it will not be found, (which is the main consideration to be attended to,) in any period of our his- tory, either that the church of England has held the religious celebration sufficient to constitute a valid marriage, unless it was performed in the presence of an ordained minister, nor that the common law has held a marriage complete without such celebra- tion. "My lords, in endeavouring to show the grounds upon which we hold that such is the common law of this realm, I shall first con- sider the decisions which have taken place in our courts of common law, as to which, it is scarcely necessary to say, that decisions of the courts of common law are at once the best expositors and the surest evidence of the common law itself. I shall next advert to certain statutes passed by the legislature at various periods, tending to throw light upon the obscure subject now under discussion, and which appear to confirm the opinion which we have formed ; and, lastly, shall call attention to the doctrine of the king's eccle- siastical law, as established and administered in this country, by which alone, and not by the general canon law of Europe, still less by the civil, are the marriages of the queen's subjects regulated and governed. "And with respect to the decisions of the courts of law and the other common law au- thorities, if no case can be referred to directly and distinctly laying it down as law, in so many words, that a contract per verba de prcesenti alone, and without the intervention of a minister in orders, is not sufficient to create a valid and complete marriage, yet such conclusion is necessary from many of the decided cases, and is inconsistent with none, nor in fact could the difficulty to be determined in any of the cases ever have existed, except upon the supposition that some religious ceremony was necessary to the contract, thus leading to the conclu- sion above laid down, that by the law of England the contract per verba de prcesenti alone, did not constitute a full and complete marriage. "And in referring to these authorities I do not propose to take up each in succession which has been brought in review before your lordships ; it will be sufficient to sup- port the conclusion above stated to call at- tention to those which are the most import- ant, and more especially to those of earlier date, as deserving the greater weight. "The earliest case referred to in the argu- Stat. 3 & 4 ment is the note from Lord Hale's manu- Vict. c. 86. scripts, to be found in Coke, Littleton, 33 a., n. 10; that case is, that A. contracts per verba de prcesenti with B., and has issue by her, and afterwards marries C. in facie eccle- sice: B. recovers A. for her husband by sen- tence of the ordinary, and for not performing the sentence he is excommunicated, and afterwards enfeoffs D., and then marries B. in facie ecclesice, and dies. B. brings dower against D. , and recovers, because the feoffment was per fraudem mediate between the sentence and the solemn marriage, 1 sed reversatur coram rege et concilio quia prae- dictus A. non fuit seistus,' during the espou- sals between him and B. Nota — * Neither the contract nor the sentence was a mar- riage.' "My lords, the curia regis et concilii, be- fore which the reversal took place, appears, according to the researches of antiquarians, to have been in the time of Edward the First a tribunal of appeal in cases of difficulty, and to have consisted at that time of the chan- cellor, the treasurer, and barons of the ex- chequer, the judges of either bench, and other functionaries, which court of the con- cilium regis was perfectly distinct from the commune concilium regni, the probable ori- ginal of the English parliament. "Lord Hale speaks largely of this court in his treatise on the jurisdiction of the House of Lords, and various references to and extracts from its proceedings are to be found in the learned Introduction to the Rotuli Litterarum Clausarum, lately published by the record commissioners. The judgment, therefore, of such a court of error, is of the highest weight. Lord Hale's observation on the case is, 'that the sentence was not a marriage;' in making which observation he is probably alluding to a question which, about the time he was making his collection of notes, was a matter of contest in West- minster Hall; viz., whether the man and woman were not complete husband and wife by the sentence of the spiritual court, with- out any other solemnity ; as it appears in Payne's case, (1 Siderfin, 13, in the year 1660,) that Mr. Attorney -General Noy had affirmed such to be the law, whilst Twisden, Justice, denied it, saying that the marriage must be solemnized before they were com- plete husband and wife. "The result, however, of the case above referred to, is, that in the judgment of the court of error there was no complete mar- riage until after the actual solemnization of the marriage under the sentence of the court ; and upon the ground that the husband en- feoffed D. before such solemnization, there was no seisin in him during the marriage, and therefore no dower. But the object at present is, to learn from the case whether, in the opinion of the court, the contract per verba de prcesenti did alone constitute a marriage; and both from the judgment of the court below and of the court of error the conclusion appears inevitable, that each court thought such contract alone did not consti- tute marriage; for the case sets out with stating, that 'A. contracts with B. per verba 1998 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 de preesenti,* and if this contract had alone Vict. c. 86. constituted marriage then was there seisin in the husband during the marriage and before the feoffment to D., and the reason given by each of the courts for their respective judg- ments would have failed. Observe, also, the difference of language employed in the state- ment of the facts of the case; the contract per verba de preesenti ; the subsequent state- ment that A. married B.; the contract; and the subsequent reason by the court of error, that there was no seisin during the espousals. Can the expressions of contract on the one hand, and of marriage and espousals on the other, possibly be considered as synonymous, and referring to the same obligation ? And this agrees expressly with Hale's inference from the case, 'that the contract is not a marriage.'' " Fox croft' s case, (1 Rolle's Abridgment, 359,) which appears to have been in the same year, is next in order. 'R., being in- firm, and in his bed, was married to A., by the Bishop of London, privately, in no church or chapel, nor with the celebration of any mass, the said A. being then pregnant by the said R., and afterwards, within twelve weeks after the marriage, the said A. is delivered of a son, and adjudged a bastard, and so the land escheated to the lord by the death of R. without heir.' Now it is to be observed that this case must have been decided upon the usual plea of bastardy in a real action; the writ must have been sent in the usual form by the court of law to the ordinary; the certificate also returned by him in the usual form. Bracton, in book 5, chapter 19, gives various instances of the proceed- ings in cases of bastardy with the greatest possible minuteness, and, amongst others, that in s. 11 probably would be the form applicable to this particular case; viz., 'an pater suus desponsavit matrem suam;' and it could not have been until after the certifi- cate of the ordinary, affirming or denying the marriage, that the judgment of the court could be given. Let it be conceded that the ordinary certified in this instance the marriage to be void, which, according to the ecclesiastical law, as then in force in England, he ought to have found good, but irregular only, and exposing the parties to ecclesiastical censures, and let it be further conceded that the court of common law acted upon such finding, and gave judgment against the demandant, as indeed it could not do otherwise, still the weight of this authority on the question before us remains the same. Was a contract per verba de preesenti, without anything more, held at that time to be a complete marriage? is the question. If it was, the ordinary must have returned that R. had married A.; for no doubt has been or can be raised, that when the Bishop of London married the two par- ties, as stated in the case, he married them per verba de preesenti. If, therefore, the contract per verba de preesenti had by the law of England then made a marriage, the parties were actually married ; but if the or- dinary finds the marriage bad, even where the ceremony was performed by a bishop, because celebrated at an improper place, the inference appears irresistible, that some reli- gious ceremony was necessary, and that words of present contract alone did not at that time, by the law of England, constitute a marriage. " Del Heith's case, 34 Edward 1, is pre- cisely the same in its leading facts, and in the conclusion at which the court of common law arrives, that a contract per verba de preesenti, even before the parish priest, was not sufficient; but the concluding words of the record are too strong to be passed over in silence : — ' Quaesitum fuit si aliqua spon- salia in facie ecclesise inter eos celebrata fu- erunt postquam praedictus Johannes conva- luit de praedicta infirmitate. Dicunt quod non. Et quia convictum est per assisam istam quod praedictus Johannes Del Heith nunquam desponsavit praedictam Katherinam in facie ecclesiae per quod sequitur quod prae- dictus W. filius Johannis nihil juris clamare potest in praedictis tenementis sed in miseri- cordia pro falso clamore.' "The conclusion to be drawn from the comparison of two cases to be found in 1st Rolle's Abridgment, 360, leads to the same inference, that the contract per verba de pree- senti was not a complete marriage in the time of Henry 6. The first is at F., placitum 1. 'A man who hath a wife takes another wife, and hath issue by her; this issue is bastard by both laws, (that is, the common law and the ecclesiastical law,) for the se- cond marriage is void.' On the same page he lays it down, in G., placitum 1, a divorce causa pracontractus bastardizes the issue ; the same case, in the Year Book, 18th Hen. 6, 34, being cited for both positions. But if the contract alone makes the marriage, — if it is itself ipsum matrimonium, — where is the necessity for a divorce in the second case to bastardize the issue, which it is admitted is not necessary in the former case. They cannot be reconciled together, except upon the supposition that ' having a wife ' and 'taking a wife,' that is, 'actual marriage,' was at that time held to be one thing, and ' a contract of marriage ' another, falling short of the marriage itself. The authority of Perkins, section 306, (who from his citation of the Year Books may be placed conve- niently amongst the decisions of the courts of law,) is to the same effect. ' If a man seised of land in fee make a contract of matrimony with I. S., and he die before the marriage is solemnized between them, she shall not have dower, for she never was his wife.' Perkins, indeed, goes on to say, in the same section, ' and it hath been holden in the time of King Henry III. that if a woman had been mar- ried in a chamber that she should not have dower by the common law ; but the law is contrary at this day.' But, whatever is his opinion of the alteration of the law as to the case of the private marriage, (by which he probably meant the ecclesiastical law as to the solemnities requisite, which in fact had been altered,) still it has no relation to his first position, which is full, complete, and express to the very point now under consi- deration. His observation amounts to no more than this, that in Henry the Third's time a marriage was held void which in his STATUTA VICTORIA. A.D. 1837—1844. 1999 day (the reign of Queen Elizabeth) would be held irregular only; and, further, the obser- vation is strong, that Perkins must have meant a different thing by the two phrases, 1 contract of matrimony ' and 1 marrying in the chamber;' and what other difference can be suggested, except that the one was a con- tract by words only, the other a contract accompanied by a religious ceremony ? "Again the doctrine laid down by Perkins, title Feoffments, placitum 194, (for which he cites the Year Book, 38 Edward 3, 12,) shows the diversity at that time of day between a contract and a marriage. 4 If a contract ot marriage be between a man and a woman, yet one of them may enfeoff the other, for yet they are not one person in law, inasmuch as if the woman dieth before the marriage solemnized betwixt them, the man unto whom she was contracted shall not have the goods of the wife as her husband, but the wife thereof may make a will without the agree- ment of him unto whom she was contracted, &c.;' and at the close of the next placitum he says, 'but after the marriage celebrated between a man and a woman the man cannot enfeoff his wife, for then they are as one person in law.' Bracton, in book 2, chapter 9, entitled, ' Si vir uxori donationem facere possit constante matrimonio,' may be thought to leave the matter in some doubt whether such gifts would be good even after the con- tract, as he says, 'Matrimonium autem ac- cipi possit sive sit publice contractum vel fides data quod separari non possunt ; et re- vera donationes inter virum et uxorem con- stante matrimonio valere non debent.' Now, e7en if it is considered that by the fides data Bracton understood a contract per verba de prasenti, withont any solemnity, it is enough to say he could not be writing as a common lawyer (in fact he was a civilian) when he is found to differ from the authority of the Year Books. "The case of Bunting v. Lepingwell, (Moore, 27 and 28 Elizabeth,) is of great weight, and of immediate bearing upon the point in question. Taking the facts from the two reporters, (Moore, 169, and 4 Coke, 29 a.,) it appears that Bunting and Agnes Ad- dishall contracted matrimony between them per verba de prasenti tempore, and after- wards Agnes took to husband Thomas Twede, and cohabited with him, and afterwards Bunting sued Agnes in the court of Audi- ence, and proved the contract, and the sen- tence was pronounced, 'Quod praedicta Ag- nes subiret matrimonium cum preefato Bun- ting, et in super pronuntiatum decretum et deolaratum fait dictum matrimonium fore nullum, &c.;' which marriage between Bun- ting and Agnes took place according to the sentence, and they had issue one Charles Bunting; and whether Charles Bunting was son and heir was the question for the jury in an action of trespass brought by him, and the court held him legitimate, and no bas- tard. The argument before the court turned principally on the invalidity of the sentence of the spiritual court, by reason of Twede, the husband de facto, not being made a party to the proceedings by which his mar- riage was declared null ; the court, however, holding themselves bound to give credit to Stat. 3 & 4 the spiritual court that their proceedings Vict. c. 8fi. were regular. But the bearing of the case upon the point now under discussion is, whether it establishes a distinction between the contract to marry and ' ipsum matrimo- nium,' and such seems the necessary infe- rence. This was a trial before the judges of the common law, who called for the assist- ance of civil lawyers to argue the case before them, but who must be supposed to know themselves what was the common law ; and if the contract per verba de prasenti be- tween Bunting and Agnes had been what the common law had then recognised as an actual marriage, the second marriage would have been held void without any controversy, no doubt would have existed, and no civilian would have been consulted, any more than if it had been a marriage celebrated in facie ecclesice. It is also not unworthy of remark, that the sentence of the spiritual court, ' Quod pra^dicta Agnes subiret matrimonium cum praefato Bunting,' proves that not even by the ecclesiastical law, as administered in England, was such contract held to consti- tute a complete marriage without the inter- vention of the religious ceremony. "The case of Wild v. Chamberlayne, 2d Shower, page 300, is so far of importance as it affords direct proof that in the opinion of Chief Justice Pemberton on the trial of an issue, 'marriage or no marriage,' words of contract de prasenti tempore, repeated after a person in orders, was a good marriage, for it was only by importunity of counsel a case was to be made thereof. If such a contract, alone and unaccompanied by a religious ce- remony, had been a marriage, surely the case would have been decided on a shorter ground, and the objections, that the parson was an ejected minister, and that the ring was not used at the ceremony, according to the ritual of the church of England, would never have been urged. "In the case of Hay don v. Gould, 1 Sal- keld, 119, Haydon and his wife were Sab- batarians, and married by one of their mini- sters in a Sabbatarian congregation, using the form of the Common Prayer, except the ring; but the minister was a mere layman, and not in orders ; and after administration granted to Haydon, and subsequently re- pealed, the court of Delegates affirmed the sentence of repeal. The reason given is, ' That Haydon, demanding a right due to him as husband by the ecclesiastical law, must prove himself a husband according to that law to entitle himself in this case.' In this case, the book adds, it is urged that this marriage was not a mere nullity, because by the law of nature it was sufficient ; and though the positive law ordains it shall be by a priest, yet that makes such a marriage as this irregular only, but not void; but the court ruled ut supra, the reporter adding, that the constant form of pleading marriage is ' per presbyterum sacris ordinibus consti- tutum.' Perhaps the more correct expres- sion might have been, ' per ministrum sacris ordinibus constitutum ;' for, undoubtedly, after the Reformation, a marriage might be as well solemnized by a deacon as a prie.-t. 2000 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 But what is the whole result of the case but Vict. c. 86. this, that by the English ecclesiastical law a contract of marriage per verba de prcesenti was not alone sufficient (for such contract there was in fact) ; but that by the same law, to make the marriage complete, there must be the presence and intervention of the priest? And when it is asked, as it was at your lordships' bar, what had the priest to do, or what had he to say? the answer must be, that he married them, and in doing so he used such form of words as were cus- tomary at the time of his performing the ceremony. The words of present contract found in the ritual of the church of England as established by the authority of parliament in the 2d & 3d Edward 6th, cap. 1, was not then for the first time made, but in part altered and in part retained from the former rituals which had been handed down from the greatest antiquity, just as it was declared by the council of Trent, (session 24, c. 1,) when it prescribes certain words to be used by the parish priest when performing the office of matrimony; viz., 'Ego vos in ma- trimonium conjungo, in nomine Patris et Filii et Spiritus Sancti.' The decree also adds, ' vel aliis utatur verbis, juxta receptum uniuscujusque provinciae ritum.' "The only remaining decision of a court of common law to which it may be neces- sary to refer, is the case of The Queen v. Fielding, upon an indictment for bigamy, 14 State Trials, 1327. The evidence given of the first marriage was, that the parties made a contract per verba de prcesenti in English, in the presence of and following the words of a priest in orders, though he was a priest in the orders of the church of Rome; and Mr. Justice Powell, in summing up the case to the jury, more than once adverts to the fact that the marriage was by a priest. ' If you believe Mrs. Villars,' he says, 'there was a marriage by a priest.' There is no reason to infer from this direction to the jury, that if the first marriage in this case had been merely a contract per verba de prasenti, in the presence of a layman, the offence of bi- gamy must have been committed, but the inference to be drawn from the summing up of the judge is directly the reverse. "My lords, this being the state of the de- cided cases, from the earliest time to the time of Queen Anne, the principal direct authority adduced on the part of the crown is the dictum of Lord Holt, in Jesson v. Collins, 2 Salkeld, 437, 'that a contract per verba de prcesenti was a marriage, and this is not releaseable,' and the decisions which have subsequently taken place. That case came before the court upon a motion for a prohibition, upon a suggestion that the con- tract was in fact per verba de futuro, for which the party had remedy at common law, and the case was disposed of by the court, and the prohibition refused, upon the ground that the spiritual courts have jurisdiction of all matrimonial causes whatsoever, and that there was no reason to prohibit them, be- cause this may be a future contract for breach of which an action at law will lie. This appears distinctly from the reports of the same case in 6 Modern, 155, and Holt's Reports, 457. This being the state of the case, Holt, Chief Justice, in speaking to it before the court, used the expression above referred to. It is obvious, in the first place, it was unnecessary to the case before the court; for, whether present words or future words, the prohibition must equally be re- fused. The observation, therefore, is not entitled to the same weight and authority as if it had been the very point of the case before the court. If by the terms ' ipsum matrimonium,' Lord Holt .intended to lay down the position that it was so held by the common law of the land, notwithstanding the unbounded respect which all who have suc- ceeded him have ever felt and still feel for his learning and ability, we cannot accede to his opinion. If, however, the observation was intended with reference to the civil law or the canon law of Europe, then it is per- fectly correct; and that such was the inten- tion of Lord Holt we think abundantly clear from Wigmore's case, which follows the for- mer in the same page of Salkeld, and which was decided three years later than the first. In that case the husband was an anabaptist, and had a licence from the bishop to marry, but married this woman according to the forms of their own religion. Et per Holt, C. J., 'By the canon law a contract per verba de prcesenti is a marriage.' " In Holt's Reports the expression is pre- cisely the same, 'by the canon law;' and Lord Chief Justice Holt is there made fur- ther to say, ' In the case of a dissenter mar- ried to a woman by a minister of the congre- gation who was not in orders, it is said that this marriage was not a nullity, because by the law of nature the contract is binding and sufficient ; for though the positive law of man ordains that marriages shall be made by a priest, that law only makes this marriage irregular, and not expressly void ; but mar- riages ought to be solemnized according to the rites of the church of England to entitle the privileges attending legal marriage, as dower, thirds, &c.' It cannot be supposed that Lord Holt would limit the observation to the canon law, as undoubtedly he did in Wigmore's case, if it had been maintainable in the larger and unqualified extent supposed to have been stated by him in the case of Jesson v. Collins; and if the latter statement agrees with all the authorities, and the for- mer is not, as we conceive, supported by or consistent with them, we are bound to infer, either that there is some error in the re- porter, or that he really meant the proposi- tion to be limited to its more restrained sense. "My lords, this dictum of Lord Chief Justice Holt is of the more importance, be- cause it appears to have been the origin of all the subsequent opinions expressed by dif- ferent judges to the same effect. When Sir William Scott lays it down as the law re- cognised by the temporal courts of this king- dom, he cites this dictum of Lord Chief Justice Holt, which he observes (as he is justified in doing by the report in 6 Modern) was agreed to by the whole bench. When Gibbs, Chief Justice, makes the same obser- vation, he expressly relies on the authority STATUTA VICTORIA. A.D. 1837—1844. 200 L of Sir William Scott, (Lantour v. Teesdale, 8 Taunton, 832.) When Lord Kenyon makes a similar observation, probably on tbe same authority, observe how carefully he guards himself. ' 1 think/ he says, 'though I do not speak meaning to be bound, that even an agreement between the parties per verba de prcesenti is ipsum matrimonium.' (Reed v. Passer and others, Peake's Nisi Prius, N. P., 303.) When Lord Ellenbo- rough lays down the same doctrine in Rejr v. The Inhabitants of Brampton, 10 East, 289, — he is giving judgment in a case of a marriage per verba de prcesenti celebrated by a priest, (though whether Roman catho- lic or protestant, he says does not appear,) — and when he refers to the authority of Holt, chief justice, it is clear he considered Lord Holt to have been speaking of a marriage through the intervention of a priest. It is therefore of very great importance to esti- mate justly the weight of Lord Holt's obser- vation when contrasted with the large field of authorities which has been opened, upon which authorities I have been longer occu- pied, because the question whereon we are called to answer depends upon the common law of England, of which the ecclesiastical law forms a part. "It will be improper, however, to close the discussion of this part of the case with- out adverting to an argument urged at your lordships' bar, upon which some reliance appears to have been placed, namely, the state of the marriages of quakers, (all doubt as to which marriages is now set at rest by the statute passed in 1835,) and of jews. "The argument in substance was this, that, as the persons professing the opinions of those respective persuasions celebrated their marriages according to their own pecu- liar rites, which necessarily excluded the in- tervention of a person in holy orders, ac- cording to the sense which those words are asserted to convey, and as their marriages have been held legal with respect (as it is argued) to all the consequences attending marriage, such as legitimacy, administration, and other civil rights, so the validity of such marriages can only be grounded upon the assumption that a contract of marriage per verba de prcesenti did by law constitute the marriage itself. " Since the passing of the Marriage Act it has generally been supposed, that the excep- tion contained therein as to the marriages of quakers and jews amounted to a tacit ac- knowledgment by the legislature that a mar- riage solemnized with the religious ceremo- nies which they were respectively known to adopt ought to be considered sufficient ; but before the passing of that act, when the ques- tion was left perfectly open, we find no case in which it has been held that a marriage between quakers was a legal marriage, on the the ground that it was a marriage by a con- tract per verba de prcesenti; but, on the contrary, the inference is strong, that they were never considered legal. The legisla- ture, in the statute 6th & 7th William the Third, chapter 6th, section 63, enacts, that all quakers and jews, and any other persons who should cohabit and live together as man and wife, should pay the duty thereby im- Stat. 3 & 4 posed on marriages, and that upon every Vict. c. 86. pretended marriage made by them they should give five days' notice; with an express provision in the 64th section, that nothing in the act contained should be construed 'to make good or effectual in law any such mar- riage or pretended marriage, but that they should be of the same force and virtue, and no other, as if the act had not been made.' And the case before Lord Hale, to which so much weight was attributed, as conveying his opinion that the marriage was good, appears rather to show his opinion to have been the reverse. He declared, 'that he was not willing, on his own opinion, to make their children bastards, and gave directions to the jury to find it special;' a declaration which plainly intimates that the inclination of his own mind was that the marriage was not good. We cannot, therefore, think that the case of the quakers, although certainly one which it is difficult altogether to dispose of, amounts to such a difficulty as to induce us to alter the opinion founded on the autho- rity of the decided cases. "And as to the case of the jews, it is well known that in early times they stood in a very peculiar and excepted condition. For many centuries they were treated, not as natural-born subjects, but as foreigners, and scarcely recognised as participating in the civil rights of other subjects of the crown. The ceremony of marriage by their own pe- culiar forms might therefore be regarded as constituting a legal marriage, without afford- ing any argument as to the nature of a contract of marriage per verba de prcesenti between other subjects. But even in the case of a jewish marriage, it was more than a mere contract; it was a religious ceremony of marriage; and the case of Lindo v. Beli- sario is so far from being an authority that a mere contract was a good marriage, that the marriage was held void precisely because part of the religious ceremony held necessary by the jewish law was found to have been omitted. " I proceed now to refer to certain statutes passed by the legislature at different times, from various enactments and expressions in which statutes the inference appears to fol- low, that a mere contract per verba de prce- senti could not at those several times have been generally held to constitute complete marriage. "The statute 32d Henry the Eighth, chapter 38, for marriages to stand notwith- standing pre-contracts, in its preamble gives no support to the doctrine, that by the law of England the contract per verba de prce- senti was an actual marriage. It recites the mischief, that after divers marriages have been solemnized and consummated, and fruit of children, ' nevertheless, by an unjust law of the Bishop of Rome, which is that upon pretence of a former contract made and not consummate, the same were divorced and separate,' and then proceeds to enact, that every marriage, being contracted and solem- nized in face of the church, and consum- mated, or with fruit of children, shall he deemed lawful, good, and indissoluble, not- 6 M 2002 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 withstanding any pre-contract not consum- Vict. c. 86. mate which either party shall have before made. " The statute 2d and 3d Edward the Sixth, chapter 23, enacts, that, as concerning pre-contracts, ' the former statute should be repealed, and be reduced to the state and order of the king's ecclesiastical laws of this realm,' (an expression of no slight import- ance, when considered with reference to the force within this kingdom of the general canon law of Europe,) ' which before the making of the said statute were used in this realm, so that, when any cause or contract of marriage is pretended to have been made, it shall be lawful to the king's ecclesiastical iudge of that place to hear and examine the said cause, and (having the said contract suf- ficiently and lawfully proved before him,) to give sentence for matrimony, commanding solemnization, cohabitation,' &c. The lan- guage of the legislature in this act does surely imply a marked and acknowledged distinction between contract and matrimony. To refer, next, to the statutes passed relating to the marriages of priests, the 31st Henry the Eighth, chapter 14, punishes with death any priest who shall carnally keep or use any woman ' to whom he is or shall be mar- ried, or with whom he hath contracted ma- trimony,' thus assuming the contract to be one thing, actual matrimony to be another, although visiting both offences with the same measure of punishment. "The statute 12th Charles the Second, chapter 33, entitled, 'An Act for Confirma- tion of Marriages,' enacts, ' that all mar- riages had and solemnized after a certain day before any justice of the peace, shall be ad- judged and taken to be of the same and of no other force and effect as if such marriage had been had and solemnized according to the rites and ceremonies established or used in the church or kingdom of England. It is true that act is declared to be passed 1 for the preventing and avoiding all doubts and questions touching the same ;' but as the act or ordinance referred to contained a form of contract per verba de prcesenti of the most accurate and precise description, and before witnesses, it affords ground to infer that a contract of that nature had not, in the gene- ral opinion, the force of an actual marriage ; and observe how very strong the inference is from the proviso, ' that issues on the point of bastardy or lawfulness of marriage, de- pending on these marriages, should be tried by a jury.' Why not let them go to the ecclesiastical court, as before, if by the law of that court the contract per verba de prce- senti was held an actual marriage without any religious ceremony ? " The statute 7 th and 8 th William the Third, chapter 35, passed to enforce the laws which restrain marriages without licence or banns, had for its object the levying a revenue by the stamps imposed by a former act upon licences of marriages. For this purpose it lays a penalty of 10/. by the 4th section, ' on every man so married without licence or publication of banns as afore- said ;' that is, upon reference to the preced- ing clause, ' married by any parson, vicar, curate, or other minister as their substitute.' If the legislature had thought a contract per verba de prcesenti before any person not being in holy orders was a valid marriage, it surely would not have left the remedy so defective, but would have enacted that every man married without a licence shall be made liable to the penalty. " The statute 10 Anne, chap. 19, is an act for raising money for the use of the kingdom; and in section 176 provision is made to prevent the great loss of duties on marriage licences which had been sustained by the frequency of clandestine marriages. The provision is, that every parson, vicar, or curate, or other person in holy orders, who shall after a certain day marry any person in any church or chapel, or in any other place whatsoever, without publication of banns, or without licence first had from the proper ordinary, for such marriage, shall forfeit 100/. Would this penalty have been limited to the case of marriage by a person in holy orders, if it had been conceived by the framers of the act that a contract per verba de prcesenti alone, without the aid of the priest, had con- stituted a complete marriage ? The inference arising from these acts is not certainly so very strong, but whatever inference can be drawn has a tendency to support the opinion at which we have arrived. 1 1 The various acts of parliament which have been passed from time to time, and which have been referred to in the course of the argument, imposing penalties on the solemnization of marriages by Roman catho- lic priests in Ireland between protestants, or between a protestant and a Roman catholic, and nullifying such marriages, are founded in good sense, and with a view to attain a definite object, upon the supposition that the presence of a priest is necessary to make the marriage good, and upon that supposition only ; but they are a mere dead letter, if the contract per verba de prasenti without the priest makes the marriage. And if this is no proof, as perhaps it is not, that such was necessarily the law, it is at least a proof that it was the prevailing general opinion, both amongst the people and the government, that by law the presence of the priest was essen- tial to the contract. " But upon referring, in the last place, to the statute 26 Geo. 2, cap. 33, the act for the better preventing clandestine marriages, it will be found the provisions thereof throw a stronger light upon the subject. If a con- tract per verba de prasenti,had been con- sidered by the legislature as ' ipsum matri- monium,' one would have expected that all such contracts made after the act came into force, if not made illegal, would at least be declared null and void. There could have been no more effectual mode of suppressing clandestine marriages, but there is no such enactment. The only clause that affects these contracts is the 13tb, which enacts only, 1 that no suit or proceeding shall be had in any ecclesiastical court in order to compel a celebration of any marriage in facie eccle- sicB, by reason of any contract of matrimony whatsoever, whether per verba de prmenti or per verba de futuro, which shall be en- STATUTA VICTORIA. A.D. 1837-1844. 2003 tered into after the 25th March, 1754.' These contracts per verba de jyr&senti are still, therefore, lawful, though they cannot be enforced in an ecclesiastical court. If these contracts did not before, and at the time of passing the act, constitute a valid marriage, but were only the necessary means, the basis, for enforcing the solemnization, there is then no injury in leaving them as they were ; but if they ever constituted a valid marriage of themselves, not being made null by the act, so do they still ; and then may some great and almost inextricable diffi- culties occur from the absence of such pro- vision. " Before the passing of the act, and in- deed since, put the case that A. made a con- tract of marriage per verba de prctsenti with B. , and then, in the lifetime of B. marries C. in facie ecclesice, and that he has children at the same time both by C. and B.; B. dies; are the issues of both legitimate ? It is clear from the decisions, that the issue of A. and C. are legitimate ; and if the argument on the part of the crown, that the contract with B. makes the marriage, be well founded, the issue of B. is legitimate also. Suppose two sons, born at the same time, one from each mother, a possible event, which is the eldest son and heir ? This and many more cases of difficult solution may be put, if the contract per verba de prcesenti was by the English law held to be actual marriage ; and from these considerations arises the necessary inference, that it was not ; and thus do argu- ments from the enactments of the legislature combine and agree with the authority of the decided cases, to prove that such never was the law of England. " My lords, I proceed, in the last place, to endeavour to show, that the law by which the spiritual courts of this kingdom have from the earliest time been governed and regulated is not the general canon law of Europe, im- ported as a body of law into this kingdom, and governing those courts propria vigore, but, instead thereof, an ecclesiastical law, of which the general canon law is no doubt the basis, but which has been modified and altered from time to time by the ecclesias- tical constitutions of our archbishops and bishops, and by the legislature of the realm, and which has been known from early times by the distinguishing title of the king's eccle- siastical law. And if it shall appear, upon reference to this law, that there is no incon- trovertible authority to be found therein that marriage was held to be complete before actual celebration by a priest, the absence of such direct authority in the affirmative is sufficient to justify us in drawing the conclu- sion already formed, that the contract alone is not by the law of England the actual mar- riage. The result, however, of a somewhat hasty consideration of the authorities upon this question, (for the due research into which we were anxious to have obtained a longer time,) appears to us to be, that no such rule obtained in the spiritual courts in this kingdom. " It would scarcely have been necessary to have entered upon this part of the discussion, had it not been for the observations made by Sir William Scott, in the case ofDalrymple Stat. 3 & 4 v. Dalrymple. That very learned judge, Vict. c. 86. after laying down in his deservedly cele- brated judgment in that case, that marriage is a contract of natural law and of civil law also, proceeds to observe, 'that when the natural and civil contract was formed, the law of the church, the canon law, considered it had the full essence of matrimony, without the intervention of the priest,' which canon law is then stated by that eminent judge to be * the known basis of the matrimonial law of Europe.' The observation upon which so much reliance has been placed by the coun- sel for the crown then follows : ' that the same doctrine is recognised by the temporal courts as the existing rule of the matrimonial law of this country,' although certainly the observation is in some degree qualified by the expression, ' that the common law had scruples in applying the civil rights of dower and community of goods and legitimacy in the cases of these looser species of mar- riage.' " My lords, as we have already stated in the opinion we have given, that we do not conceive it to be part of the law of the tem- poral courts, that ' when the natural and civil contract was formed it had the full es- sence of matrimony without the intervention of the priest,' it is only proper to state, in the first place, that the entertaining, as we do, a different view of this subject from that eminent judge, does not in any manner whatever break in upon the authority of the decision in the case of Dalrymple v. Dal- rymple. " The doctrine of the temporal courts in England had no bearing at all upon a ques- tion which was to be decided solely by the law of Scotland, which country, it is well known, differs materially from ours in many of its legal institutions, and in none more pointedly than those which relate to mar- riage and legitimacy. Again, it was of no importance in that case whether the canon law of Europe was introduced into England as part of the law of the land ; the only question necessary for the decision of the case then before the court being, whether such canon law was introduced or not into the law of Scotland. The opinion, therefore, of that eminent person, so far as regards England, was uncalled for and extra-judicial, and upon that ground the question before us must be considered as unfettered by the weight of such great authority, and open to the most free discussion. " But that the canon law of Europe does not, and never did, as a body of laws, form part of the law of England, has been long settled and established law. Lord Hale de- fines the extent to which it is limited very accurately. ' The rule,' he says, ' by which they proceed is the canon law, but not in its full latitude, and only so far as it stands un<. corrected either by contrary acts of parlia- ment or the common law and custom of England, for there are divers canons made in ancient times and decretals of the popes that never were admitted here in England.' Hale's History of Common Law, cap. 2. " Indeed, the authorities are so numerous, 6 M 2 2004 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 and at the same time so express, that it is Vict. c. 86. not by the Roman canon law that our judges in the spiritual courts decide questions within their jurisdiction, but by the king's ecclesi- astical law, that it is sufficient to refer to two as an example of the rest. In Caudrey's case, 5 Coke 1, which is entitled 'of the king's ecclesiastical law,' in reporting the third resolution of the judges, Lord Coke says, 'As in temporal causes the king, by the mouth of the judges in his courts of justice, doth judge and determine the same by the temporal laws of England, so in cases eccle- siastical and spiritual, as namely,' (amongst others enumerated,) ' rights of matrimony, the same are to be determined and decided by ecclesiastical judges according to the king's ecclesiastical law of this realm ;' and a little further he adds, ' So, albeit the kings of England derived their ecclesiastical laws from others, yet so many as were proved, approved, and allowed here, by and with a general consent, are aptly and rightly called " the king's ecclesiastical laws of England.'" In the next place, Sir John Davies, in his Reports, page 69, lLe Case de Commendams,' shows how the canon law was first introduced into England, and fixes the time of such intro- duction about the year 1290, and lays it down thus : ' Those canons which were received, allowed, and used in England, were made by such allowance and usage part of the king's ecclesiastical laws of England, whereby the interpretation, dispensation, or execution of those canons, having become laws of Eng- land, belong solely to the king of England and his magistrates within his dominions ;' and in page 72 he adds, ' yet all the ecclesi- astical laws of England were not derived and adopted from the court of Rome ; for long before the canon law was authorized and published,' (which was after the Norman Conquest, as before shown,) ' the ancient kings of England, viz. Edgar, Athelstane, Alfred, Edward the Confessor, and others, did, with the advice of their clergy within the realm, make divers ordinances for the government of the church of England, and after the Conquest divers provincial synods were held, and many constitutions were made in both the kingdoms of England and Ire- land, all which are part of our ecclesiastical laws of this day.' " We therefore can see no possible ground of objection to the inquiry, whether before the introduction of the canon law any law existed upon the subject of marriage differing from that of the canon law, and not after- wards superseded thereby ; and when we find, in the collection of ancient laws and institutes of England published by the com- missioners of public records, amongst the laws of Edmund, one which directs that at the nuptials there shall be a mass priest by law, who shall ' with God's blessing bind the union to all posterity,' we can see no more ground to doubt the existence of this law, (which does not now make its appearance for the first time, but was published by Wil- kin in the last century,) than any other document of antiquity which has been re- ceived as genuine without hesitation. "The council held at Winchester in the time of Archbishop Lanfranc, in the year 1076, (see Wilkin's Concilia, 367, and Johnson's Collection,) contains a direct and express authority with a nullifying clause, that a marriage without the benediction of the priest should not be a legitimate mar- riage, and that other marriages should be deemed fornication. Numerous councils follow, in which are decrees to prevent and punish clandestine marriages, but in no one of which is there any repeal, express or im- plied, of the rule laid down by the first, viz., that the presence of the priest is neces- sary to constitute a legitimate marriage ; but the time of the marriage by the priest, the place where it is to be celebrated, and other regulations, are prescribed, in order to meet the evil which was then existing. That the marriage, though called clandestine, was still a marriage celebrated by a priest, and so assumed to be, is placed beyond all doubt by the 11th Constitution of Archbishop Strat- ford, established by the council of London, (see 2 Wilkin's Concilia, 706,) ' De celeb ran- tibus matrimonia clandestina in ecclesiis ora- toriis vel capellis.' That Constitution recites in effect, that people left their own places of residence, where the impediments to their marriage were notorious, and their parish priests not disposed to solemnize their mar- riage, and betook themselves to populous places where they were unknown, in order that ' aliquoties in ecclesiis aliquando in capellis seu oratoriis matrimonia inter ipsos de facto solemnizari procurent.' What is this but a plain assumption, that the mar- riage so celebrated was celebrated by a priest, for surely none others but persons in holy orders could celebrate them in churches, chapels, or oratories ? " The authority of John de Burgo, a dig- nitary of the church of England, was much relied on, as a direct proof that a contract per verba de prcesenti was sufficient to con- stitute complete matrimony, without the pre- sence or intervention of a priest. The mate- rials of his work, bearing the quaint title of Pupilla Oculi, were compiled in 1385, and the work itself printed at Paris ; but after- wards, in the year 1400, an edition was printed in London, ' Omnibus presbyteris precipue Anglicanis summe necessaria.' The work contains, amongst other things, a trea- tise on the administration of the seven sacra- ments ; and under the head ' De sacramento matrimoniali ' occurs the passage relied on by the crown. The author lays it down, ' Of the minister of this sacrament it is to be observed, that no other minister is to be required distinct from the parties contracting, for they themselves for the most part minis- ter this sacrament to themselves, either the one to the other, or each to themselves.' And a little further he adds, ' Scotus says, that to the conferring of this sacrament there is not required the ministry of a priest, and that the sacerdotal benediction which the priest is wont to make or utter upon married people, or other prayers uttered by him, are not the form of the sacrament nor of its essence, but something sacramental pertain- ing to the adorning of the sacrament.' From this passage it is clear, that, whether abso- \ STATUTA VICTORIA. A.D. 1837—1844. 2005 lutely necessary or not, it was at least usual and customary at that time to make the con- tract before the priest. It appears further, from the first words of the following chapter, 4 De matrimonio clandestino,' that such course was ordered by the church : 4 Inhibitum est contrahere nuptias occulte sed publice coram sacerdote sunt nuptiae in Domino contra- hendse.' If, therefore, in the passage above cited, the author intends to express thus much only, and no more, viz., that by the contract per verba de prasenti, made pri- vately between themselves, that mysterious sacrament of which he is speaking has been taken by them which makes the contract indissoluble, and capable of being enforced by either against the other in facie ecclesice, such doctrine is admitted to be consistent with the ecclesiastical law received in Eng- land ; but if it is supposed to mean more, — if it is held up as an authority that the mar- riage is complete for all civil purposes of legitimacy, dower, and other civil rights, then before we accede to the proposition, it is the safer course to discover, if possible, whether the doctrine of the text writer is or is not consistent with the recognised laws and con- stitutions of the church of England then in force, and with the course and practice of the ecclesiastical courts of England at that time ; and in case of a discrepancy between them, to reject the authority of the text writer, and to adhere to that of the recognised law and the practice of the courts ; for there is no surer evidence of the law in any particular case than the course and practice of the courts in which such law is administered. "We should treat the best of our text writers, Sir William Blackstone, for example, pre- cisely in the same way. 44 Now, at the time of the publication of John de Burgo, and of the other work, en- titled Manipulus Curatorum, cited for the same purpose, there stood, unrepealed by any subsequent constitution of the church, both the Constitution of Lanfranc, before stated, and the subsequent Constitutions of the church against clandestine marriages, the former directly declaring the presence of the priest at the marriage to be necessary to give it validity ; the latter implying such neces- sity. I ask, whether the courts of ecclesias- tical law of England would take the law, if the very point in controversy was brought before them, from the text writers of the day, or from the Constitutions of the church ? I doubt not, however learned, or in whatever estimation the text writers might be, it would be from the law of the church ; and as to the course and practice of the courts of ecclesi- astical law in respect to a matrimonial suit to enforce marriage upon a contract per verba de prcesenti, the prayer upon the libel has seen, not to pronounce that the parties are already actually and completely married, but that it may be pronounced 4 for the validity, full force, and strength of the said contract of marriage to all effects and intents in law whatsoever ; and that the defendant may be compelled to solemnize the said marriage in the face of the church,' (Clerk's Instructor, 326,) just as in Bunting's case, before cited, the decree was not that Agnes was married, but that Agnes 4 matrimonium subiret. Stat. 3 & 4 44 And when reference is made to Oughton, Vict. c. 86. (vol. i. 283,) the same appears more dis- tinctly to be the form of proceedings ; and it would be most singular, if the contract per verba de prcesenti was considered by the court as an actual complete marriage, that a provision should be made for the court to inhibit the party, 'pendente lite, from con- tracting matrimony, or procuring matrimony to be solemnized.' If the court held the first marriage to be entirely complete, surely the statute of James, which had then been passed more than a century, and which made the second solemnization a felony, would have been a surer protection than the inhibition of the court. But the necessary inference is, that the court could not have so held the effect of the contract ; and it follows, there- fore, that the authority of the passages above cited cannot be safely relied on, against the Constitutions of the church and the practice of the spiritual court. 44 We now pass to the consideration of the particular circumstances involved in the first question proposed by your lordships, which supposes this marriage to have taken place in the house and in the presence of a placed and regular minister of the congregation of protestant dissenters called Presbyterians. 4 4 As we have already stated our opinion, that to make the marriage a complete mar- riage, it must be solemnized in the presence of a minister in holy orders, it is only neces- sary to look back to the time when that law first obtained in England, to enable us to answer that question without difficulty. 4 4 At the early period when such law arose, and down to a comparatively recent period, the expression priest, curate, minister, dea- con, and person in holy orders, which are the words met with in the different Constitu- tions and councils and authorities bearing on the point, could point to those persons only who had received episcopal ordination ; there were no others known at all ; all but they were laymen ; and unless some act of the legislature has interposed its authority, and given the protestant dissenting minister in Ireland the same power for this purpose as the persons in holy orders did before possess, we think the entering into the contract in his presence cannot, in the legal sense of the word, be held to be entering into it in the presence of a person 4 in holy orders.' Now no statute has been brought forward, except the 21st and 22d Geo. 3, cap. 25 (Irish), but the operation of that statute is limited to matrimonial contracts or marriages between protestant dissenters, and solemnized by pro- testant dissenting ministers or teachers ; and as your lordships' question goes on to state, that one of the contracting parties in this case is not a protestant dissenter, but a mem- ber of the established church of England and Ireland, it follows that the case does not fall within that statute, and that it must be decided as if that statute had never been passed. 44 My lords, the two subsequent conditions or circumstances contained in your lordships' question can obviously make no difference. The form of the religious ceremony cannot, 2006 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 upon any principle or upon any authority, Vict. c. 86. compensate for the want of the presence of the proper rhinister, assuming such presence to be necessary ; nor can the circumstance of subsequent cohabitation carry the validity of the marriage higher than the original force of its obligation." " The main and principal point, however, of your lordships' first question still remains to be answered; viz., whether, after such a contract entered into between A. and B., whether A. by marrying C. in England whilst B. is still living, commits the crime of biga- my. " And after the full discussion of the general question, and our opinion already declared, that the first contract does not amount to a marriage by the common law, it is hardly necessary to say, that we hold the offence of bigamy has not been committed. Indeed, independently altogether of the answer we have given to that abstract ques- tion, and admitting, for the sake of argu- ment, that the law had held a contract per verba de prcesenti to be a marriage, yet looking to the statute upon which this in- dictment is framed, we should have thought, upon the just interpretation of the words of that statute, the offence of bigamy could not be made out by evidence of such a marriage as this. The words are, ' If any person, being married, shall marry any other person during the life of the first husband or wife ;' words which are almost the very same as those in the original statute of James the First. Now the words ' being married,' in the first clause, and the words ' marry any other person,' in the second, must of neces- sity point at and denote marriage of the same kind and obligation. If, therefore, a marriage per verba de prcesenti, without any ceremony, is good for the first marriage, it is good also for the second ; but it never could be supposed that the legislature intended to visit with capital punishment, (for the offence would be capital if the plea of clergy could be counterpleaded,) the man who had in each instance entered into a contract per verba de prcesenti, and nothing more. Waiving, how- ever, that consideration, it is enough to state to your lordships, as the answer to the first question, tnat in our opinion A. did not, under the circumstances therein stated, com- mit the crime of bigamy. " My lords, we have so fully and pointedly answered the second question proposed by your lordships, in stating the grounds of our first answer, that it is unnecessary to trouble you with any further observation thereon, except, that as the statute of 58 Geo. 3, chapter 81, has enacted that no suit shall be had to compel the celebration of such a contract in any ecclesiastical court in Ire- land, we think this question also should be answered in the negative. " In conclusion, I would only observe, that although I am authorized to state our opinion on the questions proposed to us is unanimous, yet that my learned brethren are not to be held responsible for the reasoning upon which I have endeavoured to establish the validity of that opinion." [Vide post. Stat. 6 & 7 Vict. c. 39.] IV. Refusing Burial; and improperly PERFORMING THE BlIRIAL SERVICE. "Convenient warning having been given him thereof before." In Titchmarsh v. Chapman, (3 Eccles. Notes of Cases,) Sir H. Jenner Fust observed: " This is a cause of office promoted by Mr. Thomas Titchmarsh against the Rev. Wil- liam Herbert Chapman, for refusing to bury the corpse of an infant parishioner brought to the churchyard, convenient notice having been given to him for that purpose. It should be observed, at the outset, that this is not a proceeding under the general eccle- siastical law, but under the 68th Canon of 1603, and that the penalty which that canon imposes for the offence :s suspension for three months from the ministry; it is, there- fore, a particular offence under a particular canon, which fixes the penalty. " The substance of the charge against Mr. Chapman is, that he expressly declared his determination not to bury the corpse of this child, if brought to the churchyard for bu- rial, and that, in pursuance of such declared determination, he did, on the 26th May, 1841, contrary to his duty, refuse to bury the corpse then brought to the churchyard, ' convenient warning having been given him thereof before,' which are the words of the canon, the deceased infant having been bap- tized according to the form generally ob- served amongst the class of protestant dis- senters called Independents, namely, with water, in the name of the Father, and of the Son, and of the Holy Ghost, by a minister, preacher, or teacher of that class, he (Mr, Chapman) having been informed of the fact of such baptism, and expressly assigning it as the pretext or ground for refusing to bury the corpse, It appears, therefore, that the charge is confined to what took place on the 26th May, 1841, for no other day is men- tioned in the articles, except in the heading, in order that it should agree with the cita- tion, which recites, that Mr. Chapman had a second time refused to bury this corpse, the first refusal being on the 17th February, 1840. But the charge of refusing in 1840 is dropped in the articles, and necessarily so, because, as the decree was not returned till 11th May, 1843, and the first alleged refusal was on the 17th February, 1840, more than two years had elapsed from the time of the offence, which exceeds the limits prescribed by the statute, (the Church Dis- cipline Act,) under which these proceedings are now carried on, for the commencement of proceedings for such an offence. The charge, therefore, is simply confined to what occurred on the 26th May, 1841, and to any antecedent circumstances leading up to that occurrence, and any communications between Mr. Chapman and the father or relations of the child previous thereto. " Now the onus probandi in this case lies on the party promoting the office of the judge; the accused is not bound to offer any plea beyond the general issue of ' not guilty,' or, in the language of these courts, to give a negative or an affirmative issue to the articles. In this case a negative issue STATUTA VICTORIA. A.D. 1837-1844. 2007 has been given, and Mr. Chapman thereby throws upon the other party the burthen of making out his case by such evidence as it is in his power to produce. And it may be further observed, that in a criminal proceed- ing, and this is a criminal proceeding, the court will presume nothing; the facts must be proved by legal evidence, whether parol or documentary, and the court must pro- nounce its sentence secundum allegata et probata. "The questions for the court to inquire into (according to the words of the canon) are these : Did Mr. Chapman, on the 26th May, 1841, refuse to bury the corpse of this infant, brought to the church or church- yard for burial, such infant not having been denounced excommunicate, majori excom- municatione, or within another exception specified in the rubric, (more immediately applicable to this case,) namely, not being ' unbaptized;' and was convenient warning given him thereof before? " First, was the corpse of the child brought to the churchyard to be buried? On this point the proof is full and conclusive; no objection has been raised to it, so that it is unnecessary for the court to refer to this part of the evidence, except to observe that it appears to have been at half-past six in the afternoon that the corpse was brought to the churchyard and deposited in the porch of the church. " Secondly, did Mr. Chapman refuse to bury the corpse so brought for burial ? On this point, likewise, the evidence is full and conclusive. " Thirdly, did this child come within either of the exceptions contained in the canon or rubric: that is, was the child de- nounced excommunicate, or was it unbap- tized? The evidence of Mr. Moase sets the only real question on this point at rest; for he proves that this child, in February, 1840, was baptized by him with water, in the name of the Father, and of the Son, and of the Holy Ghost, and, therefore, according to the doctrine of the law as declared by this court, affirmed by the judicial committee of the Privy Council, (the appellate court,) in the case of Mastin v. Escott, it was a valid baptism, entitling the body of this child to have the burial service read over it; the child was not 'unbaptized,' within the mean- ing of the rubric. And I think, also, that it appears from the evidence of Mr. Moase, that in February, 1840, he did himself inform Mr. Chapman that the child had been so baptized, and this will go to satisfy the ar- ticle which pleads that Mr. Chapman was sufficiently apprised of the baptism of the child, the court being at liberty to go back to that date to see whether Mr. Chapman was apprised of the fact, that the child had been baptized with water, in the name of the Father, and of the Son, and of the Holy Ghost. "I think, therefore, that on these three questions the court is satisfied; namely, that the corpse of the child was brought to the churchyard for burial, that Mr. Chapman did refuse to bury it, and that it was not un- baptized. " Still there remains another head of in- Stat. 3 & 4 quiry, and, in my view, not an unimportant Vict. c. 86. one, and that is, the question of notice. The canon not only describes the canonical offence, but requires that the minister shall have convenient warning given to him be- fore. These words do not appear to me to be unimportant; on the contrary, I think them extremely material. But it has been contended in the argument, that these words form no part of the body of the canon ; that they are in a parenthesis, and are to be con- sidered, for the purpose of this inquiry, as surplusage. Now it appears to me, on the contrary, that the words were advisedly in- serted in the canon, whether in a parenthesis or between commas, is immaterial; that they are part of the canon, and that, if they are not complied with, the penalty does not attach. It cannot be said that, even if the words were omitted, there ought not to be some qualification of the canon. It cannot be contended, that a minister of the church of England could be punished for refusing to bury a corpse brought to the churchyard, unless he had some previous information that it would be so brought; and therefore the words of the canon itself necessarily import some qualification. Then, if the canon, without these words, would require some previous notice, can it be said, that the words ' convenient warning being given him thereof,' introduced into the canon, are, in the construction of it, to be left altogether out of the consideration of the court, as mere surplusage ? Is it to be said, that no notice is necessary; that the bringing of the corpse into the churchyard is a sufficient notice; that a minister is punishable for not having at the moment gone forth and per- formed the burial service on the occasion ? That some qualification of the canon is ne- cessary must be apparent from this consi- deration, that the mere fact of a corpse being brought to the churchyard cannot be a sufficient notice of itself, because the mi- nister might be engaged in other duties; there might be other services to be per- formed at the very time, which would render the sudden performance of the service for the dead inconvenient and even imprac- ticable. But the canon itself renders it unnecessary to pursue this head of inquiry further, for it requires previous notice to be given, and whether the words are inserted in a parenthesis or in the body of the canon, they cannot be taken to be without some meaning attached to them, and as the canon is highly penal in itself, the party proceeded against is entitled to any benefit he can de- rive from a defect in any part of the proof. Unless all the circumstances specified in the canon concur, no canonical offence is proved to have been committed by Mr. Chapman. " An observation has been made upon the difference between the Latin canon and the English canon ; it is said, that in the one the word is ' competens,' in the other 'convenient. But if there be any distinction between ' com- petens' and 'convenient,' it appears to me that this not a proceeding upon (he Latin canon, but upon the English canon, which is set forth in the articles, and in this case we 2008 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 must look at the words of the English canon, Vict. c. 86. which directs that the minister shall have * convenient warning.' " Now the words themselves appear to me to be extremely important, as defining the manner and the time of the notice. What are the words ? 1 Convenient warning being given him thereof before.' A warning is not sufficient of itself; it must be a con- venient warning; that is, with reference to the circumstances of time, place, and the occupations of the minister, who might be so engaged in the performance of other ser- vices as to render a warning, under the cir- cumstances, not a convenient warning. But he is to have convenient warning ' thereof.' It has been argued, that in this case the warning was sufficient, because the corpse was brought into the church porch, and left there, and that this was the same as if notice had been left at the minister's house ; that the minister of the parish having information that the body had been brought to the churchyard, and deposited in the porch, it was equivalent to a notice being left at his house. What is the meaning of the word ' thereof?' To what does it refer? It can- not be contended, that by a corpse being brought to the churchyard, notice 'thereof is given ; it may be notice of the fact of the corpse having been brought to the church or churchyard; but the warning 'thereof,' as I understand the canon, is of the intention to bring a corpse to the churchyard for burial; because, otherwise, it is impossible that the minister could observe the direction in the rubric, to meet the corpse at the entrance of the churchyard, and precede it to the church or to the grave, repeating certain sentences appointed in the service for the burial of the dead. I conceive, therefore, that 'conve- nient warning thereof ' means, of the inten- tion to bring the corpse to the churchyard, and not of the corpse having been actually brought there. " Then, when is the notice to be given? 'Before.' Before what? Before the minister is to bury the corpse ; or before the corpse is brought to the churchyard ? The latter is the next antecedent. I think it is quite im- possible for words to be more precise than those in this canon. Cases may arise in which a warning, convenient in one case, may not be so in another. The warning must, therefore, be given ' before,' that is, before the act is to be performed, that pre- paration may be made for the interment of the corpse, and that the minister may be prepared for the due performance of his duty, one of which is, meeting the corpse at the entrance of the churchyard or the church. And for what reason is this prior notice re- quired ? First, to secure the attendance of the clergyman to perform the duty. If it so happened, in this case, that Mr. Chapman was at home at half-past six in the afternoon, and it was not inconvenient to him to per- form the ceremony at that time, it might have been very inconvenient, and the party proceeded against, under a penal statute, has a right to object to the promoter of the of- fice, that he has not proved a previous warn- ing. It may so happen, that no grave had been prepared, and no preparations made for the interment, for there is nothing in the evidence to shew that any preparations were made for the interment of this child, and Mr. Chapman is entitled to take advantage of any deficiency in the proof. It has been argued, that he must have been aware of the circumstance, as he had provided himself with a witness; but I am of opinion, that the canon must be followed out in all its parts, and if the proof falls short in any one of the circumstances, a canonical offence is not proved. " But was the promoter taken by surprise on this head? Does not the article itself shew the construction of the canon, and what was necessary to be proved ? The 5th article expressly pleads, that Mr. Chapman refused to bury the corpse then brought to the churchyard, ' convenient warning having been given him thereof before;' and this is set forth in the decree itself, and in the heading of the articles. It is pleaded in that article, that Mr. Chapman expressly declared his determination not to bury the corpse before it was brought to the church- yard, and that implies, that a notice had been given, that the corpse would be brought for burial. So that it is clear, on the face oi the articles and of the decree, that the con- struction of the canon, in the opinion of the promoter's legal advisers, is the same as that which the court has put upon it; and, there- fore, the party knew what he had to prove, and took upon himself the onus of proving, that Mr. Chapman had convenient warning. "This leads the court to a consideration of the evidence, and what does it amount to ? Is there any proof of any notice till the corpse had been actually left in the porch, when John Rumbold (the father) went to inform Mr. Chapman? All the witnesses ( deny the giving of any such notice. Mr. Moase, the adviser of Rumbold, expressly says, that he had no communication with Mr. Chapman on that day. Rumbold says he gave no notice to him, and Hopkins, another witness, states, that he gave no notice that the body was to be brought to the churchyard. This being the result of the evidence, the requisite of the canon, that convenient warning thereof should be given before to Mr. Chapman, has not been proved, and, if so, can it be said that a canonical offence, under the canon, has been proved? "It maybe proper to refer to the evidence of the witnesses. Hopkins, the first witness, says : '"Knowing that Mr. Chapman had re- fused to bury the corpse, and that it was to be offered to him again for burial this day, the 26th May, 1841, I went with other per- sons to witness what passed. Mr. Chapman was not in the churchyard to meet the corpse, and it was deposited in the porch of the church whilst Mr. Rumbold went to the vicarage to ask for Mr. Chapman. I saw him enter the house, and presently he re- turned, and asked me to go into the house, as a witness to what passed between Mr. Chapman and him. I went with him, and in the parlour found Mr. Chapman and a Mr. Seabrook, clerk to a solicitor at Roys- STATUTA VICTORLE. A.D. 1837—1844. 2009 ton. Mr. Chapman then said, that he wished some one to he present to be a wit- ness to what passed, for fear of any misun- derstanding.' "It has been argued, upon this part of the evidence, that Mr. Chapman must have had some notice, otherwise he would not have provided himself with a witness to prevent misunderstanding. Supposing this to be the real construction of the evidence, I cannot think that the court is at liberty to hold that there had been convenient warning before- hand upon an inference such as this. How did it happen that Mr. Chapman provided himself with a witness ? How does it appear that Mr. Seabrook was not there for other business ? Being present, and Rumbold having come to request him to bury his child, Mr. Chapman might say, 'Will you be a witness to what passes, to prevent mis- understanding?' But to argue from this that Mr. Chapman must have had some in- formation of the intention to bring the child, and had provided Mr. Seabrook for the pur- pose of being a witness, would be pressing this evidence too far. Nothing was more easy to prove than the notice, if any such was given, and am I to go to such a latitude of construction of this evidence as to infer from it that there had been notice given, of which there is no proof whatever, because Mr. Seabrook was present on the occasion? "The witness goes on: "'Mr. Rumbold said, "I wish you to bury my child; to perform your office; I mean, to read the prayers of the church; and I will pay your demands, whatever they are." The poor man hesitated in what he said, but he repeated the same request to Mr. Chap- man to bury his child, in different words, several times. Mr. Chapman refused each time ; he said, he declined to do it. He positively refused each time. I do not know what warning Mr. Chapman had of the in- tention to bring the corpse for burial, but he positively and formally refused to bury it. I do not know whether any notice was given to Mr. Chapman that the corpse would be brought for interment on either occasion.' "Rumbold, the next witness, states : "' On the 26th of May, 1841, Mr. Chap- man refused to bury the corpse of my infant. I took the corpse into the churchyard on that day, at half-past six in the evening, the time which Mr. Moase wrote to me to bring the child to be buried. When I had taken the child into the churchyard, not finding Mr. Chapman there, I went to his house, which is close by, adjoining to the church- yard. I saw him there, and asked him to come and bury my child. He asked me what I wanted of him. I said I wanted him to bury my child; to read the prayers over him, and I would pay his demand. He answered, "I still refuse to do so.'" "This may have reference to what took place in February, 1840, when he specifically assigned reasons for not burying the child, as having been baptized by a dissenting minister; and the words may have meant, 4 1 still refuse for the reasons I assigned on the former occasion.' Whether this was the first refusal on the 26th May, or followed after the first communication between them, Stat. 3 & 4 it may be not easy to determine; and the Vict. c. 86. words 'I still refuse,' may have reference to a refusal to Rumbold to bury his child, in a communication between him and Rumbold before Hopkins came in. The witness says : "'I repeated my request several times, offering to pay his demand ; but he answered, "I have nothing more to say; I still refuse to do so." I left the house when I found he would not do what I asked, and took the child back, and it is not buried yet. I do not know what warning Mr. Chapman had of my intention to bring the child for burial. Mr. Moase managed that, and he gave me notice when I was to come over to take the child for burial. Ten of my children had been previously buried in the churchyard of Bassingbourn, and two or three, if not more, by Mr. Chapman; my wife, who died in child-bed, was buried there by Mr. Chap- man.' " I think that this is a fair and reasonable ground why he should have wished that his child should be interred there, to rest in the same place with the other persons of his family, and, therefore, nothing arises against him because he brought his child to be in- terred in the churchyard rather than in a dissenters' burial-ground; and it is not ne- cessary for the court to advert to that objec- tion. He goes on to say : "'I do not recollect that I informed Mr. Chapman, on the 26th May, 1841, that my child had been baptized; he did not ask me the question on that occasion; but he was aware that the child had been baptized by Mr. Moase, for I told him so on the first occasion on which I asked him to bury the child. On the second occasion, in May, 1841, he did not assign that as a reason for refusing to bury the child; he only said, "I still decline to do so," or some such words.' ' ' And he goes on, in answer to the inter- rogatory, to say, that he was present at the baptism of his child ; that Mr. Moase per- formed the ceremony, in the name of the Holy Trinity, with water, on the 14th February, 1840. He is interrogated as to whether the word 'baptize' was used; but it is unnecessary for the court to pursue that part of the case, as it is not upon this point that the final sentence of the court will be given. He is interrogated also as to his being a dissenter, as to the extent of ground in the dissenters' cemetery, and as to the prices paid for interment there. But I think it is most clear, from the evidence of this witness, that he gave no notice, and knew of no notice being given, as all was done under the direction of Mr. Moase. "Now Mr. Moase has been examined, and he describes himself as a dissenter of the class called Independents, and minister of the Independent chapel. He says he had a com- munication with Mr. Chapman respecting the interment of this child, but not on the 26th May, 1841 ; it was in the year 1840. He says : ' I do not recollect seeing him on that day; I certainly had no communication with him. I saw the corpse pass my house on the way to the churchyard, but I did not accompany it. I do not myself know per- 2010 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 sonally what warning Mr. Chapman had that Vict. c. 86. the corpse would be brought to the church- yard for interment.' He goes on to state on interrogatory, that he was present at the baptism of the child, and performed the ceremony; that the words he used were, 'This child, whose name is Jane, I baptize in the name of the Father, of the Son, and of the Holy Ghost;' and that the form of sprinkling the infant with water was used. He says he applied to the bishop, in conse- quence of Mr. Chapman's refusal to bury the child ; but this has nothing to do with the question before the court. Then he goes on to answer certain questions as to his religious opinions, and as to certain expres- sions he made use of, which the court is not called upon to refer to, and, in fact, this is the whole of the evidence applicable to the notice. " Now, what is the effect of this evidence? All the material facts are proved, except (in the words of the canon) that 'convenient warning was given to Mr. Chapman thereof before.' Not a single person who has been examined can depose that any notice was given to Mr. Chapman before the corpse was deposited in the porch of the church. I am of opinion, according to my construction of the words of the canon, that no canonical offence is committed, unless convenient warn- ing has been given before of the intention to bring the corpse for burial ; that it is a matter not only of convenience, but of de- cency, that such notice should be given beforehand; and if a minister, after due notice, refuses to perform the ceremony, he will be fully aware of the consequences of refusal under this penal statute. The proof is left short in what the court considers a material part of the charge, and, therefore, it is impossible for the court to pronounce that Mr. Chapman has incurred the penalty of the statute. "This would be the opinion of the court upon the facts in evidence, and after hearing the argument, without reference to any thing which has occurred in courts of common law; because the ecclesiastical court has cognizance of cases relating to the perform- ance of divine service, the burial of the dead, and every other part of the church ritual. But, supposing that a penalty had been im- posed by statute, worded as this canon is, and the penalty was to be recovered at com- mon law, I much question whether such penalty could be recovered against Mr. Chapman; indeed, I think the cases cited by Dr. Harding, show that it could not be recovered. "The first case is that of Clovell v. Cardi- nall, (1 Sid. 34,) which was an action on the case against a minister for refusing to admi- nister the sacrament on two Sundays, and the verdict of the jury assessed the damages, (which were laid at 407.,) and on motion for arrest of judgment, it was contended that he had not given due notice, and the court held that, as the plaintiff had declared for the non-administration of the sacrament on two Sundays, and as he had not proved that, upon the second refusal, he had requested the parson to administer the sacrament to him, judgment must be arrested. Notice had been given on the first occasion, but not upon the second. " Another case is that of Davis v. Black, (1 A. & E. N. S. 900,) which was also an action on the case against a minister for re- fusing to perform the marriage service be- tween two persons by licence, notice having been given him of the licence. The jury found a verdict for the plaintiff, and on ar- rest of judgment, Lord Denman said: 'There is no great danger in saying that an action can hardly be maintained against an officer not required by law to perform the duty at any particular time, without allegation of malice, or of the time at which he refused being a reasonable time for the performance. Allowing fully that the action is maintain- able on principle, the declaration is essen- tially defective. Hardly any of the objec- tions can be got over. One is clearly fatal. At the time when the clergyman is supposed to have acted wrongfully, it does not appear that he had notice that both the parties were willing to be married. It is alleged that, at the time of the grievance, they were in fact willing ; but it is not averred that the woman joined in the request. This is quite fatal, for you charge the minister with having im- properly refused to marry, and yet the whole declaration might be proved, although he had no reason to believe the woman to be willing. It would be going far beyond all limits within which we allow defective de- clarations to be cured by verdicts, if we suf- fered this. Nothing can be supplied beyond that of which the proof is necessarily in- volved in the proof of what is alleged.' The circumstances are not the same as in the present case; but it shews how strict the court was in requiring, before an action for damages, that the minister should have had notice in full form. In the argument it was said that, ' there may be other reasonable cause for a clergyman not performing the duty; he may, for instance, be engaged at the time in the performance of another cle- rical office, as in reading divine service in church : reasonable notice should have been averred, in order that he might make proper arrangements as to time.' Why, here was the same necessity for proper arrangements as to time for receiving the body and inter- ring it. So, I say, if Mr. Rumbold, or any person acting in his behalf, had gone to Mr. Chapman, and said, 'My child is lying dead at home ; I propose to bring the corpse for interment at such a time,' and that was a convenient time, and if Mr. Chapman had not named a more convenient time, and the other party had given him notice of the par- ticular time of half-past six in the afternoon of the 26th May, and the corpse had been brought to the churchyard at that time, and Mr. Chapman had refused to bury it, then the penalty annexed to the offence by the canon would have been incurred, as there would have been a reasonable notice, and a refusal to perform the duty, and if the time was not shewn to be inconvenient, this would have satisfied the terms of the canon. And this is in conformity with the obvious and common sense view of the case, that parties. STATUTA VICTORI/E. A.D. 1837—1844. 2011 are not to select for themselves a time for the performance of the service without notice to the clergyman, that is, notice of the in- tention, not notice of the corpse having been actually brought to the churchyard. I think, in this case, that notice was necessary, and if the promoter has failed to show that it was given, the offence under the canon is not proved to have been committed. "Under these circumstances, I am of opi- nion, therefore, that there is a material defect in the proof of the facts alleged in the arti- cles, and the deficiency applies to that which is not only a matter of convenience but of decency and order ; and although Mr. Chap- man may have had other reasons for refusing to perform the office, the court is not to de- cide upon conjecture, but upon proof. It is proved that the corpse was brought to the churchyard, and that Mr. Chapman refused to bury it, but gave no reason; he said, ' I still refuse,' but assigned no reason upon this occasion, and the party proceeded against him under a particular canon, not under the general ecclesiastical law, the canon imposing a particular penalty for a particular offence, which must be proved in all its parts. I am of opinion that I must pronounce, and I do pronounce, that the promoter has failed in proof of the articles, and consequently I dis- miss Mr. Chapman from the suit, and from all further observance of justice in this cause, and I dismiss him with his costs." [The Editor has been indebted to the learned reporter of the "Ecclesiastical Notes of Cases," for the foregoing judgment; and he avails himself of the present opportunity to acknowledge, the valuable assistance he has invariably derived from consulting and citing such reports.] Omitting the words "as our hope is this our brother doth." — Judgment of the Bishop of Exeter, in re Todd (Clerk). A complaint having been made to the Lord Bishop of Exeter, on the part of the family of the late B. H. Lyne, Esquire, of Liskeard, that the Rev. J. F. Todd, vicar of that parish, in reading the burial service at the funeral of the deceased, at the parish church of Liskeard, had omitted part of one of the prayers of the service; a commission was issued by his lordship under the Church Discipline Act, and the commissioners, after hearing the accusation against Mr. Todd and his defence thereto, found, that, in their opinion, there was sufficient prima facie ground for instituting further proceedings. In consequence of which Mr. Todd gave his consent, that without such further proceed- ings the Right Rev. Prelate might pronounce sentence upon him. His lordship therefore proceeded to the chapter house, and delivered his sentence in these words : "This is a proceeding instituted against the Rev. James Frederick Todd, vicar of Liskeard, by the brother of Mr. Benjamin Hart Lyne, late of that parish, deceased, for that in the burial of the deceased Mr. Todd purposely omitted the following very impor- tant words of one of the prayers in the office of burial: 'as our hope is this our brother doth.' " A commission was issued to five clergy- Stat. 3 & 4 men of the diocese, (among whom was the Vict. c. 86. vicar-general, the dean, and two archdea- deacons,) to inquire, whether there was a sufficient prima facie case to demand fur- ther proceedings. The commissioners having made their return in due form, * that there is sufficient primd facie ground for instituting further proceedings;' and Mr. Todd having submitted himself to the judgment of his bishop, thereby acknowledging the offence charged, it remains for me to pronounce judgment accordingly. " In looking to the nature of the offence thus acknowledged, it is impossible to shut our eyes to the too manifest intent with which the words above cited were omitted. It is plain and undeniable that they were omitted because the minister did not choose to give expression to the pious and charitable hope of the church, that the deceased chris- tian brother resteth in our Lord Jesus Christ, who is the Resurrection and the Life; and in whom unless he resteth, so as to be ' found in him ' at the last day, he hath pe- rished everlastingly. " This pious and charitable hope of the church, I say, Mr. Todd knowingly and with premeditation refused to express ; there- by intimating that it was not to be enter- tained in respect to the deceased, whose corpse he was then burying. And, if there could otherwise be a doubt whether such an intimation was designed, that doubt would be removed by the matter alleged, whether in justification, or in excuse of the omission. Mr. Todd, it seems, had been informed, on what he considered unquestionable authority, that the deceased had died in a state of intoxication; in other words, in sin. That information, indeed, he admits that he sub- sequently found to have been erroneous ; and because it was erroneous, because the de- ceased did not die in a state of intoxication, he has ingenuously and fully declared his sorrow for the pain which has been inflicted on the surviving relatives by his unhappy condemnation of the state of the soul of the deceased. " This retractation, and the sorrow ex- pressed by him, are creditable to his can- dour; but they are very far indeed from re- moving (in whatever degr e they can be admitted as an extenuation of) his offence. For, ignorance of the fact, or rather be- lief, through ignorance, of an unreal fact, though that ignorance have been the sole cause of the offence, cannot be allowed to excuse, if the fact itself, so believed through ignorance, be such as would, if real, not justify the conduct into which belief of it may have misled the party. Now such is the case in the present instance. Even if the deceased had died in a state of intoxica- tion, however his minister may have lamented it, however it may have impaired the hope of his being admitted to rest in Christ, yet it ought not, on just consideration of the terms of the christian covenant, to have extin- guished that hope, much less to have in- duced him to proclaim, or even to suggest, the extinction of it. ** God, when he vouchsafes to regenerate by 2012 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 baptism, vouchsafes also to give forgiveness Vict. c. 86. of all sins to those who continue in the state in which they have been placed by baptism. Presumptuous and unrepented sin does, in- deed, forfeit that state; but, thanks be to God, not sins of infirmity, and whether in the case of death under intoxication, the sin was presumptuous and unrepented, or a sin of infirmity, consistent with a living, though, it may be, languid, faith, it is not for man to pronounce. " To hold the contrary, to assert for the priesthood a right to judge in every case of the final condition of the deceased, would be to claim the power of the keys, in a de- gree to which Papal Rome never dared to aspire, and which this reformed church, while it maintains the just authority of its priests for edification, not for destruction, hath always most strongly repudiated. Where would such a tyranny, if once endured, be oontent to stop? By the same right, if it were a right, by which this clergyman took upon him to decide that this deceased died in a state of intoxication, and excluded him, therefore, or seemed to have excluded him, from the hope of a Christian, he and every other clergyman might assume to judge of every other deceased, whether he died in any other sin, and was to be denounced, in the last solemn office over his mortal remains, as cut off from the body of Christ, and from the blessed inheritance of all who die in the Lord. " I have deemed it necessary to make these remarks, not because I consider Mr. Todd as having intended to claim for himself so enormous and unchristian an authority in all cases, nor because I believe him in the present case to have exceeded a temporary and pardonable misapprehension of his right and duty as one intrusted with 'the care of the souls of his parishioners,' but because this is the first case which has been brought before me of such an offence ; and because I deem it necessary, in the very first instance, to point out the grave and most mischievous consequences to which the offence has a manifest tendency to lead. " Being, however, the first case, it may, I trust, without danger of misleading others, be dealt with leniently; and I rejoice that Mr. Todd, by submitting to my judgment in this stage of the proceedings, has enabled , me thus to deal with him. I consider my- self as dealing leniently, much more leniently than I should feel myself at liberty to deal with any similar case in future, when I pro- nounce my judgment, that the Rev. James Frederick Todd be suspended for the space of fourteen days, to be computed from the time of publishing the suspension in the pa- rish church of Liskeard, from all discharge of his clerical functions, and execution of the duties thereof ; that is to say, from preach- ing the word of God, administering the sacraments, and celebrating all other duties and offices in the parish church and parish of Liskeard, and elsewhere in the diocese of Exeter. And I hereby direct the said sus- pension to be duly published on Sunday, the 4th day of August next, previously to the commencement of divine service. And, moreover, I hereby condemn the said Rev. James Frederick Todd in the costs of the said proceedings." V. Baptism by Persons alleged to be Heretics or Schismatics. Judgment of Sir John Nicholl in Kemp v. Wickes. In the office of the judge promoted by Kemp v. Wickes, (3 Phill. 264,) Sir John Nicholl observed: "This suit is brought against the Reverend John Wight Wickes, described as the rector of Wardly-cum- Belton, for refusing to bury the infant child of two of his parishioners. The usual pro- ceedings have been had in the institution of this suit; and articles are now offered, de- tailing the circumstances of the charge pro- posed to be proved. The admission of these articles is opposed, not upon the form of the pleading, but upon the entire law of the case ; it being contended, that if the facts are all true, still the clergyman has acted properly, and has been guilty of no offence " The articles plead, in the first place, the incumbency of Mr. Wickes. In the second article the 68th Canon is recited, which directs, * that no minister shall refuse or delay to christen any child, according to the form of the Book of Common Prayer, that is brought to the church to him upon Sundays or holy-days to be christened; or to bury any corpse that is brought to the church or churchyard, (convenient warning being given him thereof before,) in such manner and form as is prescribed in the Book of Common Prayer; and if he shall refuse to christen the one or bury the other, except the party deceased were denounced excommunicated majori excommunicatione for some grievous and notorious crime, (and no man able to testify of his repentance,) he shall be suspended by the bishop of the diocese from his ministry for the space of three months.' " The articles then go on to plead, ' that Mr. Wickes did in August, 1808, refuse to bury Hannah Swingler, the infant daughter of John Swingler and Mary Swingler his wife, of the parish of Wardly-cum-Belton aforesaid, then brought to the said church, or churchyard, convenient warning having been given : that Hannah Swingler died within the parish of Wardly-cum-Belton, and being the daughter of the said John Swingler and Mary Swingler his wife, who are protestant dissenters from the church of England of the class or denomination of Calvinistic Independents, had been first bap- tized according to the form of baptism gene- rally observed among that class of dissenters ; that is to say, with water, and in the name of the Father, and of the Son, and of the Holy Ghost, by the Reverend George Gill, a minister, preacher, or teacher, in all respects duly qualified according to law, and of the same class of protestant dissenters ; and that of that fact of baptism Mr. Wickes was suf- ficiently apprised, upon application being made for the burial of the infant in the churchyard of the said parish, in manner and form as is prescribed in the Book of STATUTA VICTORIA. A.D. 1837—1844. 2013 Common Prayer : but he assigned the same,' that is, the form cf baptism, ' expressly as the ground of his not complying with the said application.' Here, then, it is pleaded, and it is undertaken to be proved, and at present in this respect the articles must be taken to be true, that Mr. Wickes did not doubt on the question of fact that the in- fant had been so baptized, but he refused upon the ground of law, namely, that he was not bound to bury a person of that descrip- tion. The remaining articles are in the usual form ; they are not material to be stated for the purpose of considering the question that is now to be decided. u. In these articles it is pleaded, that the minister was required by regular warning to bury this infant in the form prescribed by the Book of Common Prayer, and by the canon. The canon, not made merely, (as has been thrown out,) for the protection of the clergy, but made for their discipline also, and to enforce the performance of their duty, pro- hibits the refusal of burial in all cases except in the case of excommunicated persons, and punishes such refusal ; and perhaps the learned counsel who spoke last is correct in saying, that by the general description, ' per- sons,' is here to be understood Christian per- sons ; and therefore that, where application was made for the burial of any persons who might not be considered as Christians, they did not come within the description of the canon. The rubric, however, which is that part of the Book of Common Prayer that contains directions for the performance of the different offices, adds two other excep- tions expressly. The rubric before the office of burial is in this form : 1 Here is to be noted, that the office ensuing is not to be used for any that die unbaptized, or excom- municate, or have laid violent hands upon themselves.' And, by the old law, burial was refused to persons of the same descrip- tion, and indeed of some other descriptions ; persons who had fallen in duels, and some others, were interdicted from receiving Chris- tian burial: but here the rubric does ex- pressly state, ' that the office is not to be used for persons unbaptized or excommuni- cated, or who have laid violent hands upon themselves.' " These directions, contained in the ru- bric, are clearly of binding obligation and authority. Questions indeed have been raised respecting the Canons of 1603, which were never confirmed by parliament, whe- ther they do, in certain instances, and pro- prio vigore, bind the laity : but the Book of Common Prayer, and therefore the rubric contained in the Book of Common Prayer, has been confirmed by parliament. An- ciently, and before the Reformation, various liturgies were used in this country ; and it should seem, as if each bishop might in his own particular diocese direct the form in which the public service was to be per- formed : but after the Reformation, in the reigns of Edward the Sixth and Queen Elizabeth, acts of uniformity passed, and those acts of uniformity established a par- ticular liturgy to be used throughout the kingdom. King James the First made some alteration in the Liturgy ; particularly, as it Stat. 3 & 4 will be necessary to notice, in this matter of Vict. c. 86. baptism. Immediately upon the Restoration, the Book of Common Prayer was revised. An attempt was then made to render it satis- factory, both to the church itself, and to those who dissented from the church, particularly to the Presbyterians ; and for that purpose conferences were held at the Savoy : but the other party requiring an entire new liturgy on an entire new plan, the conference broke up without success. The Liturgy was then revised by the two houses of convocation ; it was approved by the king ; it was presented to the parliament, and an act passed confirm- ing it in the 13th and 14th Charles 2, being the last act which has passed upon the sub- ject ; and so it stands confirmed to this day, except so far as any alteration may have been produced by the Toleration Act, or by any subsequent statutes. " The rubric, then, or the directions of the Book of Common Prayer, form a part of the statute law of the land. Now that law in the rubric forbids the burial service to be used for persons who die unbaptized. It is not matter of option ; it is not matter of ex- pediency and benevolence, (as seems to have been represented in argument,) whether a clergyman shall administer the burial service, or shall refuse it ; for the rubric, thus con- firmed by the statute? expressly enjoins him not to perform the office in the specified cases ; and the question is, whether this infant, baptized with water in the name of the Father, the Son, and the Holy Ghost, by a dissenting minister, who is pleaded to have qualified himself according to the regulations of the Toleration Act, did die unbaptized within the true meaning of the rubric. If the child died unbaptized, the minister was not only justified, but it was his duty, and he was enjoined by law, not to perform the service. If the child did not die unbaptized, then he has violated the canon, by a refusal neither justified by any exception contained in the canon itself expressly, nor by any sub- sequent law " To ascertain the true meaning of the law, the ordinary rules of construction must be resorted to ; first, by considering the words in their plain meaning and in their general sense, unconnected with the law ; and, in the next place, by examining whether any special meaning can be affixed to the words, when connected with the law ; either in its context or in its history. " The plain simple import of the word unbaptized,' in its general sense, and un- connected with the rubric, is, obviously, a person not baptized at all, not initiated into the Christian church. In common parlance, as it is sometimes expressed, that is, in the ordinary mode of speech and in the common use of language, it may be said, that this per- son A. was baptized according to the form of the Romish church ; that another person B. was baptized according to the form of the Greek church; that another person C. was baptized according to the form of the pres- byterian church ; that another was baptized according to the form used among the Calvin- istic independents ; and that another person 2014 STATUTA VICTORIA. A.D. 1887—1844. Stat. 3 & 4 was oaptized according to the form used by the Vict. c. 86. church of England : but it could not be said of any of those persons, that they were un- baptized ; each had been admitted into the Christian church in a particular form ; but the ceremony of baptism would not have remained unadministered, provided the es- sence of baptism, according to what has generally been received among Christians as the essence of baptism, had taken place. " Such being the general meaning of the word in its ordinary application and use, and standing unconnected with this particular law, is there anything in the law itself, in its context, that varies or limits its meaning ? The context is, that the office shall not be used for persons who die unbaptized or ex- communicate, or that lay violent hands upon themselves. What, then, is the description of persons excluded from burial that is put in association with these unbaptized persons ? Excommunicated persons and suicides. " Now excommunication, in the meaning of the law of the English church, is not merely an expulsion from the church of England, but from the Christian church generally. The ecclesiastical law excommu- nicates papists. The ecclesiastical law ex- communicates presbyterians. Dissenters of all descriptions from the church of England are liable to excommunication. But what is meant by the church of England by the term of excommunication can be best explained by the Articles of that church. By the 33d Arti- cle it is expressly stated, ' That person which by open denunciation of the church is rightly cut off from the unity of the church and excommunicated, ought to be taken of the whole multitude of the faithful, as an heathen and publican until he be openly reconciled by penance, and received into the church by a judge that hath authority thereunto ;' that is, he is no longer to be considered as a Chris- tian, no longer to be considered as a member of the Christian church universal, but he is to be considered 1 as an heathen and a publi- can,' for those are the words of the Article. " It has been said, that in this country a foreign excommunication could not be no- ticed, and that a foreign country could not notice an excommunication by this country ; and certainly that is true, for no laws can be made binding and compulsory beyond the country over which the authority making the law extends. The Articles of Religion, though confirmed by act of parliament, only extend to this country, and to the subjects of this country. The discipline of the church, and its punishment by excommunication, can therefore only extend to this country ; but all his majesty's subjects, whether of the church of England, or whether dissenting from that church, either as papists or as any other description of dissenters, are bound to consider an excommunicated person as an heathen and a publican, be the person him- self of the church of England, or be he of any other class or sect. This is the first description of persons put in association with persons unbaptized. " The next description is that of suicides : they are supposed to die in the commission of mortal sin, and in open contempt of their Saviour and of his precepts ; to have re- nounced Christianity ; to have unchristian - ized themselves ; that is the view which the law takes of the persons who are self-mur- derers. " Then, taking the context of the law, put- ting unbaptized persons in association with excommunicated persons, and with suicides, both of whom are considered as no longer Christians, it leads to the same construction as the general import of the words ; namely, that burial is to be refused to those who are not Christians at all, and not to those who are baptized according to the forms of any particular church " The general law is, that burial is to be refused to no person. This is the law, not only of the English church ; it is the law, not only of all Christian churches ; but it seems to be the law of common humanity ; and the limitation of such a law must be considered strict issimi juris " The law of the church of England, and its history, are to be deduced from the an- cient general canon law ; from the particular Constitutions made in this country to regulate the English church ; from our own Canons, from the Rubric, and from any acts of par- liament that may have passed upon the sub- ject ; and the whole may be illustrated, also, by the writings of eminent persons. " Now if the first head be inquired into, (the ancient canon law,) it will appear that, from the earliest times, the use of water with the invocation of the name of the Father, of the Son, and of the Holy Ghost, was held to be the essence of baptism ; that baptism, so administered, even by a layman or a woman, was valid ; and that a person, who had been so baptized, was not to be baptized again. " It may not be improper just to refer to the passages of Scripture, which have been referred to by the church itself as the foun- dation of its law in this respect : they are these. First, the words of our Saviour: ' Unless a man be born again of water, and of the spirit, he cannot enter into the king- dom of God.' Hence the church, (without presuming to decide whether a person un- baptized might not be saved through God's mercy, yet) has held, that baptism was so strongly enjoined as a matter of indispensable necessity, that rather than omit it altogether, the ceremony was to be performed even by a layman. The words of our Saviour after his resurrection, ' Go and teach all nations, bap- tizing them in the name of the Father, and of the Son, and of the Holy Ghost,' have been held to require the invocation of the Holy Trinity, as the essential form of words neces- sary to baptism. The passage in the Epis- tle to the Ephesiaus, ' One Lord, one faith, one baptism,' has been held by the church to prohibit a second baptism ; or, as the learned Hooker has expressed it, ' Iteration of bap- tism once given has always been thought a manifest contempt of that ancient apostolic aphorism, " One Lord, one faith, one bap- tism." ' It is here, however, to be ob- served, that the court is not entering into any question of theological controversy ; it is merely endeavouring to trace and to ascer- tain the fact, — what has been held by the STATUTA VICTORIA. A.D. 1837—1844. 2015 church to be the law. The court has only to administer the law as it finds it ; it is not to presume to enter into any speculations upon its propriety. 44 Now, conformable to what has been already stated will be found the text of the canon law. The passages in that law are almost innumerable. Many have been cited by the counsel. In the third part of the decree De cumecratione, and in the fourth distinction, De baptismi sacramento, there are a great number of paragraphs to this effect ; and it may be sufficient just to state the titles of the different paragraphs or sec- tions of that Distinction. For instance, the nineteenth paragraph states, 4 nemo nisi sa- cerdos baptizare presumat certainly direct- ing, that regular baptism is to be adminis- tered by the priest ; or perhaps it may be more properly said, public baptism. The 21st section is: ' Etiam laici necessitate cogente baptizare possunt 4 in cases of urgency laymen may baptize.' The 23rd, 4 Non reiteratur baptisma quod a pagano ministratur ;' 4 if baptism has been adminis- tered by a pagan, it is not to be iterated ;' so cautious was the ancient church, that there should be no re-baptism. The 25th, 4 Sicut per bonum ita per malum ministrum aeque baptisma ministratur.' " The character of the person who adminis- tered, therefore, was of no effect in the validity of baptism. The 26th is to the same effect, but rather more explanatory: 4 Non merita ministrorum, sed virtus Christi, in baptismate operatur.' The 28th, 4 Non reiteratur baptis- ma quod in nomine Sanctae Trinitatis minis- tratur:' and it goes on to illustrate by an ex- ample, 4 Si qui apud illos haereticos baptizati sunt, qui in Sanctae Trinitatis confessione bap- tizant, et veniant ad nos, recipiantur quidem ut baptizati, ne Sanctae"Trinitatis invocatio vel confessio annulletur.' This, therefore, points out, that the essence was the invocation of the Holy Trinity. The baptism of any heretics, (and the church deemed all dissen- ters to be of that description,) that of any dissenters, who made use of the name of the Holy Trinity in baptism, was to be received, lest the invocation of the Holy Trinity should be rendered and considered as of no effect. The 32nd, 4 Non reiteratur baptisma quod in fide Sanctae Trinitatis ab haereticis praesta- tur;' that, therefore, is to the same effect as the former section. The 36th is, 4 Valet baptisma, etsi per laicos ministratur;' and that section again explains the principle upon which the church acted, 4 Sanctum est bap- tisma per seipsum quod datum est in no- mine Patris, Filii, et Spiritus Sancti.' There are many other passages to the same effect, confirming all the foregoing ; and it is per- fectly clear that, according to the general canon law, though regular baptism was by a bishop or priest, yet, if administered by a laic, or by a heretic or schismatic, it was valid baptism ; and so valid, that it was not to be repeated. 4 'The next branch of the law of our church, and which reached down to the time of the Reformation, was the law which is to be found in the Legatine and Provincial Con- stitutions; the former being laws made in this country under the sanction of the Pope's Stat. 3 & 4 legates, Otho, legate of Gregory the Ninth, Vict. c. 86. and Othobon, legate of Clement the Fourth. The latter, the provincial constitutions, were those made in convocation under several archbishops. The whole of these have been collected by the very eminent English ca- nonist, Lyndwood; who has written a very learned commentary or gloss, upon them, which is also of high authority in all courts administering the ecclesiastical law of this country. These constitutions are precisely to the same effect as the former. Regular baptism was to be administered by a priest, and in the church, and at certain stated times of the year : but in cases of urgency a layman might administer baptism in private houses, rather than it should not be admi- nistered at all. If a layman interposed with- out necessity in the office he was punishable ; but still the baptism was valid, and by no means to be repeated. 44 In the Constitution of Otho, 4 De Bap- tismo et Forma Baptizandi,' which will be found in Lyndwood, p. 10 of the Legatine Constitutions, it is among other things di- rected, that priests shall particularly instruct their parishioners in the form of baptizing: of course shewing that lay baptism was allowed; that it was recommended, rather than that no baptism at all should take place : otherwise it could not have been proper and necessary for the priests to have in- structed their parishioners in the form. The Constitutiom of Othobon, to be found in Lyndwood, p. 80, confirms and approves of this former constitution, and enjoins pre- cisely the same thing. The Provincial Con- stitutions of Archbishop Peccham particu- larly enjoin, that after baptism by a layman it is not to be iterated. The passage will be found in Lyndwood, 41: 4Caveant sacer- dotes ne baptismum legitime factum audeant iterare;' and Lyndwood, in his Gloss, upon the word 'Baptismum,' says, 4 Sive per lai- cum sive per clericum etiam per paganum in casu necessitatis ;' so that it is good, 'whether by a layman, or a clergyman, nay, even in case of necessity, by a pagan;' and in his Gloss, upon the words 'Legitime factum,' he says, two things are essential to it, 4 duo sunt ne- cessaria, verbum et elementum aquae ;' and in describing what is meant by 4 verbum,' he explains the form of the words to be those which have been always used, 4 1 baptize thee in the name of the Father, and of the Son, and of the Holy Ghost.' In a further Constitution of Archbishop Peccham, to be found in p. 244, it is again strongly enjoined not to baptize a second time persons who have been baptized by laymen or by women; and he speaks rather strongly of those priests who do so baptize, terming them 4 stolidi sacerdotes:' and the constitution concludes, 4 Quod si sacerdos rationabiliter dubitet an parvulus in forma debita baptizatus sit, dicat, Si baptizatus es, ego non rebaptizo te ; si nondum baptizatus es, ego baptizo te in nomine Patris, et Filii, et Spiritus Sancti.' Lyndwood here again cautiously explains the words 4 in forma debita,' as he had before, to mean by the use of the element water, and by the use of the words of the invocation of 2016 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 the Holy Trinity; and that it was 'in forma Vict. c. 86. debita,' though by a layman. "Now these passages shew, not only that those baptisms were held to be valid, but they shew how extremely cautious the church was, that baptism should not be repeated. These references to the ancient law will also serve to explain and illustrate any matter, which could be considered as doubtful in the construction of the more modern law of the rubric. It therefore seems to admit of no doubt, that by the law of the English church, as well deduced from the general canon law, as from its own particular constitutions, down to the time of the Reformation, lay baptism was allowed and practised. It was regular, and even prescribed, in cases of necessity: it was so complete and valid, that it was by no means to be repeated. It also clearly appears that, in order to ascertain its validity, no inquiry was necessary to be made into the existing urgency under which it was administered; but only into what was declared to be the essence, whether it had been administered by water, and in the form of the invocation; for, if those forms were used, the baptism by a layman was complete and valid. "So the matter stood at the time of the Reformation : and that period is an impor- tant one; for, if lay baptism had been con- sidered as one of the errors of the Romish church, it would have been corrected at the time when all the Christian world had their attention pointed to those particular errors. But the fact is otherwise, for the use of lay baptism was manifestly continued by the English reformed church. Liturgies were framed, and acts of uniformity passed by parliament, in the reigns of Edward the Sixth, and of Queen Elizabeth. In those the rubrics run thus: 'Let those that be present call upon God for his grace, and say the Lord's Prayer if the time will suffer: and then one of them shall name the child, and dip him in the water, or pour the water upon him, saying these words, "I bap- tize thee in the name of the Father, and of the Son, and of the Holy Ghost." ' Here is no mention whatever of a priest or lawful minister, as the person who is to officiate upon the occasion : it is directed to be done by 'those who are present.' or one of them, without singling out or particularizing what the person is to be who is to administer this sacrament. And the better opinion seems to be, that all private baptism was by laymen antecedent to the time of King James : that it was only public baptism in the church which was to be administered by a priest ; and that, wherever there was the sort of urgency and necessity which prevented the child being brought to the church, and re- quired the child to be baptized at home, the baptism was to be administered by any per- son without requiring the attendance of the priest. The same rubric, although it enjoins the people not to baptize their children at home except in cases of necessity ; yet, lest the necessity should arise, expressly directs the pastors to instruct their parishioners in the form of doing it. Hence it is evident, that subsequent to the Reformation the English reformed church itself did allow the practice of lay baptism. " So the practice stood from the Reforma- tion till the time of King James the First; ex- cept that in the year 1575, among some arti- cles agreed upon at that time in convocation, there appears to have been one, (the 12th article,) which states, ' That to resolve doubts by whom private baptism is to be adminis- tered, it is directed that in future it shall be administered by a minister only, and that pri- vate persons shall not intermeddle therein.' This article rather appears not to have been published and circulated. It remained in ma- nuscript. It had no authority, not appearing to have been even confirmed by the crown. There could have been no doubt upon the rubric of Edward the Sixth, coupled with what was the old law, so far as respected the validity of lay baptism. And the bishops certainly had not authority to alter the law; they had only authority to explain matters which were doubtful; and the doubt seems to have been, not whether lay baptism was valid, but whether it was regular and orderly. Up to that time, wherever private baptism was allowed, there was nothing to be found in the ancient canons, the constitutions of the church, or the rubric, that required the minister as a person at all necessary to be present for the orderly administration of such private baptism: it was not even to be inferred that it would be more regular, for the minister is not mentioned ; on the con- trary, in cases where private baptism was necessary, (and it was only allowed in cases of necessity,) the people were to be instructed how to perform it themselves "King James the First (who considered himself a great divine) disapproved of the practice of lay baptism. Soon after his accession, conferences were held at Hampton Court, with the clergy, for the purpose of revising and reconsidering the Liturgy, and particularly this article of private baptism. The king expressed strongly his disappro- bation of lay baptism; and seemed more inclined to no baptism at all than that the office should be performed by a laic, but his divines (most of them prelates of very great eminence) differed from him in respect to preferring the total omission of baptism to its being administered by a layman. It was, however, agreed so far to alter the rubric, as to direct that private baptism should be adminstered by a lawful minister : but whoever reads the account which has been preserved of these conferences will see, that neither the king nor the bishops main- tained that baptism, if de facto performed by a laic, was invalid "Private baptism by laymen had always been held valid, and almost enjoined as re- gular. The rubric having now introduced the order, that it shall be administered by the lawful minister, — what would be the obvious construction of this alteration? That in the regular and ordinary and decent administra- tion of private baptism, it became the duty of the lawful minister to perform the office. But if the old law was meant to be com- pletely changed ; if it had been intended to invalidate the old law in this respect, and STATUTA VICTORIA. A.D. 1837-1844. 2017 that all other baptism, except that by a law- ful minister, should be considered as abso- lutely null and void; the new law would most expressly and distinctly have declared it "It is obvious, that the person performing the baptism was not essential by the rubric ; and in this respect the rubric exactly con- formed to the old law, for the baptism re- mained valid, and was not to be repeated; and even to what King James said at the conference just before this rubric was ap- proved, that he utterly disliked all re-baptiza- tion " After tracing the law through the se- veral stages of its history, it appears impos- sible to entertain a reasonable doubt, that the church did at all times, (whatever might have been the opinions of particular indivi- duals upon this point, as there will be differ- ence of opinion among individuals upon all points — that the church itself did at all times,) hold baptism by water in the name of the Father, and of the Son, and of the Holy Ghost, to be valid baptism, though not administered by a priest who had been episcopally ordained — or rather, to state it more generally, though administered by a layman or any other person. If that be so, if that is the construction of baptism by the church of England, then the refusal of burial to a person 'unbaptized,' that term simply being used, cannot mean that it should be refused to persons who have not been bap- tized by a lawful minister in the form of the Book of Common Prayer ; since the church itself, holds persons not to be unbaptized, (because it holds them to be validly bap- tized,) who have been baptized with water, and the invocation by any other person, and in any other form "There were many laws, both of church and state, requiring conformity to the church, creating disabilities, imposing penalties, and denouncing excommunications upon all non- conformity. Now, supposing that during the existence of these disabilities it could be maintained, that in point of law no act of non-conformists could be recognised in a court of justice, and therefore that a baptism administered by such persons could not be noticed at all, either by the church or by the courts administering the law of the church, yet could it be maintained now, that such a baptism was to be considered as a mere nullity ? If such could have been considered as the view of the law before the Toleration Act, (ante 633, n. (2),) yet that act would change the whole shape of the thing ; that act removed the disabilities, it allowed protestant dissent- ers publicly to exercise their worship in their own way under certain regulations, it legal- ized their ministers, it protected them against prosecutions for non-conformity u Upon the whole of the case, and for the reasons assigned, the court is of opinion, that the minister, in refusing to bury this child in the manner pleaded in the articles, has acted illegally." Judgment of Lord Brougham in Escott v. Mastin. In Escott v. Mastin, (1 Eccles. Notes of Cases, 552,) which was an appeal from the Stat. 3 & 4 Arches court of Canterbury, (2 Curt. 692,) in Vict. c. 86. a cause of office promoted by an inhabitant of the parish of Gedney, Lincolnshire, against the Rev. Thomas Sweet Escott, vicar of that parish, for refusing to bury the corpse of the infant daughter of a parish- ioner, on the ground that, as the deceased had been baptized by a Wesleyan minister, who was imordained, the rite or form of baptism performed by him was to all intents and purposes null and void, and in the rubric of the Book of Common Prayer, in the Order for the Burial of the Dead, it is enjoined, that such office is not to be used for any that die 'unbaptized,' which was the alleged condition of the infant to whom Durial had been refused. The judge in the court below held the offence to be esta- blished, and sentenced the defendant to be suspended for three calendar months, con- demning him in the costs. From this sen- tence Mr. Escott appealed Upon such facts, Lord Brougham, after overruling an objection which had been taken to three of the witnesses, observed, " The ground is thus cleared for examining the main question between the parties ; and this resolves itself into the construction of the rubric to the Burial Service. The 68th Canon is clear and distinct, attaching the penalty of suspension to a refusal of that office in any case except one, that of a per- son having been ' denounced excommunicate majori excommunicatione , for some grievous and notorious crime, and no man able to testify of his repentance.' But the Act of Uniformity, (Stat. 13 & 14 Car. 2, c. 4,) having incorporated, as part of its provisions, the Office for the Burial of the Dead, and the rubric for that office forbidding the use of it for ' any that die unbaptized,' it will be a suf- ficient defence to the charge, under the 68th Canon, if the child died unbaptized. The whole question, therefore, is reduced to this: does baptism, by a person not in holy orders, possess the character of that sacrament ac- _ cording to the laws of the church ; in other words, can any one, other than a person episcopally ordained, baptize so that the ceremony may be effectual as baptismal, though the performing it may be irregular and even censurable ? Is the solemnity per- formed by a layman, sprinkling with water, in the name of the Trinity, valid as baptism in the view of the church, although the church may greatly disapprove of such lay interference without necessity, as she disap- proves even of an ordained person performing the ceremony in a private house without necessity, and yet never scruples to recognise the rite so performed, as valid and effectual ? Nothing turns upon any suggestion of heresy or schism ; the alleged disqualification is the want of holy orders in the person adminis- tering the solemnity, and it is as unqualified, and not as heretical and schismatical — here- tic without or schismatic within the pale of the church — that any one's competency to administer it is denied. " The 68th Canon being that upon which this proceeding is grounded, it is necessary to consider what the law was at the date of 6 N 2018 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 the canon, the year 1603. Without distinctly Vict. c. 86. ascertaining this, we cannot satisfactorily de- termine what change the rubric of 1661, adopted into the 13 & 14 Car. 2, c. 4, made, and in what state it left the law on this head ; because it is very possible that the same enactment of a statute, or the same direction in a rubric, bearing one meaning, may receive one construction when it deals for the first time with a given subject-matter, and have another meaning and construction when it deals with a matter that has already been made the subject of enactment or direc- tion ; and this is most specially the case where the posterior enactment or direction deals with the matter, without making any reference to the prior enactment or direction. Still more is it necessary to note the original state of the law, when it is the common law that comes in question, as well as the sta- tute. " The Book of Common Prayer was adopt- ed and prescribed by the statute of 2 & 3 Edw. 6, c. 1, and more fully by 5 & 6 Edw. 6, c. 1, which 1 Eliz. c. 2, revived, after it had been re- pealed by 1 Mar. s. 2, c. 2 ; and it was further prescribed and enforced by the same act of Elizabeth, and by another made 8 Eliz. c. 1, s. 3. It is certain, then, that the Liturgy established during the interval between the first and the last of these statutes, that is, between 1548 and 1565, was in force by statutory authority down to the year 1603, (sometimes called 1603, and sometimes 1604, which is owing to the style, the date, if I recollect, being January,) when the canons in question were made, no alteration what- ever having been effected during the interval. It is equally certain that no authority existed to make any alteration, inconsistent with statutory provisions, during that interval ; and this consideration seems to dispose of the question which has been argued, both below and here, upon the Canon of 1575. That canon is to be taken either as professing to make an alteration of the rubric which the statute had sanctioned, in which case it can have no force, or as declaratory of the sense of the rubric ; but neither would any such declaration be binding, because the legisla- ture having adopted the rubric, and made it parcel of a statute, no other authority than a declaratory act can give it a new meaning ; add to which, that the plain intendment of the rubric appears to have been adhered to, after and notwithstanding the Canon of 1575, and not the sense which that canon seems to give the rubric, and which we must indeed admit that canon purports to give it. The Canon of 1575 appears never to have excited any attention, and if it ever received the royal assent, (which is doubtful,) it certainly was not cited on either side during the contro- versy on the subject of baptism at the Hamp- ton Court Conferences. " We are, therefore, to see what the rubric prescribed at and prior to 1603, this being the statutory provision then in force ; and adopting the common law prevailing for 1400 years over Christian Europe. In the first place, no prohibition of the burial service for unbaptized persons, or indeed for any class of persons, is to be found in the Liturgies of Edward and of Elizabeth. The exception of unbaptized persons and suicides first occurs in the rubric of 1661, and consequently first received the force of law from the Uniformity Act of 1662, after the Restoration. The statutes of Edward 6 and Elizabeth recog- nised the right of every person to burial with the church service, and the 68th Canon, en- forcing this civil statutory right, only excepted persons excommunicate and impenitent. Unbaptized persons, therefore, persons bap- tized in no way whatever, would have had the right of burial according to the service of the church, if they were not excluded by those portions of the service which appear to regard Christians alone. Those portions would probably exclude persons not Chris- tians ; but if an unbaptized person could be regarded as a Christian, then would he not be excluded prior to the rubric and statute of 1661 and 1662. " But, secondly, and what is much more material to our present inquiry, it is clear that the rubric, and consequently the statute, down to 1603, and indeed to 1662, the date of the Uniformity Act, authorized lay baptism, and placed it on the same footing with clerical baptism, in point of efficacy. The rubric, after setting forth that baptism ought to be administered publicly, and on Sundays and holidays, in order to approach as near as might be to the practice of the primitive church, which confined it to Easter and Whitsuntide, nevertheless adds, that, if necessity require, children may at all times be baptized at home. A further warning is required to be given to the people against baptizing pri- vately, ' without great cause and necessity,' and this rubric is retained in the subsequent forms of prayer, down to the present time. The rubrics of Edward and Elizabeth then proceed to lay down the rules for administer- ing the baptismal sacrament when it is pri- vately performed, and herein those rubrics materially differ from the subsequent ones of 1603 and 1661. They require 4 them that be present to say the Lord's Prayer, if the time will suffer;' and the rubrics add, 'then one of them,' that is, any one of them that be present, ' shall name the child, and dip him in water, or pour water upon him, saying these words, "N., I baptize thee in the name of the Father, and of the Son, and of the Holy Ghost, Amen." ' We may observe, in passing, that there is con- templated a great hurry in the ceremony, because the expression is, ' if the time will suffer.' This of itself indicates that the cir- cumstances are, or at least may be, such as to prevent the sending or the waiting for a minister. The rubric goes on to declare the sufficiency of baptism so performed : 1 And let them not doubt but that the child so bap- tized is lawfully and sufficiently baptized, and ought not to be baptized again in the church/ Nevertheless, the expediency is set forth of afterwards bringing the child to the church, and there presenting him to the minister, that it may be ascertained whether or not the ceremony had been lawfully performed. For this purpose, six questions are to be asked of them that bring the child : Who baptized it ? Who was present ? Whether they STATUTA VICTORIA. A.D. 1837—1844. 2019 called on God for his grace ? With what matter the child was baptized ? With what words ? And, Whether they think he was lawfully and perfectly baptized ? If the answer to these questions prove that 4 all things were done as they ought to be,' then the minister is to say, ' I certify you that in this case ye, (not you the minister, but ye the people,) have done well and according to due order,' and he declares the child to have been received into the number of the children of God, 1 by the law of regeneration in baptism ;' that is, by the sacrament pre- viously administered in private. If, how- ever, they which bring the child ' make an uncertain answer, and say they cannot tell what they thought, said, or did, in that great fear and trouble of mind, as oftentimes it chanceth,' then the child is to be baptized publicly, but, as it were, conditionally or provisionally, with this reserve, that the minister shall say, ' If thou be not baptized already.' This portion of the rubric is de- monstrative, if the former part left any doubt, that the presence of a minister at the private ceremony was not contemplated ; for if it were, what they thought, or said, or did, would be immaterial ; and what the minister said and did would have formed the only subject of inquiry ; not to mention, that no fear or trouble of mind, at the time of the ceremony, could prevent those who bring the child from recollecting whether there had been a minister present or not. Indeed, the question would have been differently framed, had the presence of a minister been as essen- tial as the water and the words. It would have been asked, not merely, ' by whom, and in whose presence,' but, • was he baptized by a minister?' There can, therefore, be no doubt whatever, that, by these earlier rubrics, the baptism is deemed valid if performed with water, and in the name of the Trinity, though by lay persons. Assuming, then, that there is no minister present, the rubric declares the baptism to be without any doubt lawfully and sufficiently administered, though in private. " The same doctrine was held, and the practice formed upon it, in the Roman catho- lic church, from a very early period. It prevailed from the beginning of the third century, and though it formed the subject of controversy between the Eastern and West- ern churches during the succeeding period, it had become universally admitted by both in the time of St. Austin, who flourished in the latter part of the fourth century. In Eng- land, as elsewhere, it was held valid. The Constitutions of Archbishop Peccham, in Lyndwood's collection, bearing date 1281, though severely denouncing a layman who shall intrude himself into the office without necessity, yet declare the baptism valid which is celebrated by laymen, and state that it is not to be repeated. Whoever did so intrude, was denounced as guilty of 1 mortal sin ;' nevertheless, his act was pronounced to be valid and sufficient, and that it was not necessary that the ceremony should be re- peated. Now, in all these positions, the neces- sity can make no kind of difference, unless in excusing the intrusion. If the rite can only be administered by clerical hands, if it be Stat. 3 & 4 wholly void when administered by a layman, Vict. c. 86. no necessity can give it validity. The con- secration of the elements, for the purpose of giving the eucharist to a dying person, may be as much a matter of urgent necessity as the baptism of an infant in extremities ; but, neither in the Roman catholic, nor in the reformed church, was it ever supposed that any extremity could dispense with the inter- position of a priest, and enable laymen to administer the sacrament of the Lord's sup- per. "The position, therefore, being undeniable, that, previous to the year 1603, and at the time the 68th Canon was made, lay baptism, though discountenanced, and even forbidden, unless in case of necessity, was yet valid if performed; and this being the common law, not the law made by statute and rubric, but by statute and rubric plainly recognised and adopted, we are to see if any change was made in that law as it thus stood. "In the Burial Service, the rubric of 1603 made no change; but that of 1661 forbad the Burial Service in cases of suicide, ex- communication, and persons unbaptized. A right formerly existing was thus taken away, at least in some cases. This makes it fit that we construe the word 'unbaptized,' strictly, or which is the same thing, that we give a large construction to 'baptized;' and, after the change in the Burial Service, it becomes the more necessary to see that there is a clear and undoubted change in the rubric relating to baptism, before we admit the baptism to be invalid which was held valid, even when the rubric of the Burial Service had not as yet taken away the rite from all who were unbaptized. "The rubric of 1603, instead of directing ' those present' in the case of private bap- tism, as the former rubrics had done, directs ' the lawful minister,' to say the prayer, if time permit, and to dip or sprinkle the child, and repeat the words. The rubric of 1661 explains what shall be intended by ' lawful minister,' substituting for that expression the words, ' minister of the parish, or, in nis absence, other lawful minister that can be procured.' It then prescribes a prayer to be used by the minister, which prayer is not to be found either in the Liturgies of Edward the Sixth and Elizabeth, or in that of 1603. We may pass over the rubric of 1603, both because its substance is more completely contained in that of 1661, and because, until 1662, there was no statutoiy authority for any change of the law which had been esta- blished at the date of 1603 (or 1604), when the canon in question was made, even if it had been quite clear that the rubric of that date had changed the former rubrics. But, as in 1662, the present Uniformity Act of 13 & 14 Car. 2, c. 4, was passed, and gave force and effect to the rubric of that date, it becomes necessary to see whether or not that rubric changed the former ones, those of Edward and Elizabeth. " Now it does not appear that any such change was effected as the case of the present appellant must assume, in order to prevail. The words are plainly directory, and do not 6 N 2 2020 STATUTA VICTORLE. A.D. 1837—1844. Stat. 3 & 4 amount to an imperative alteration of the Vict. c. 86. rule then subsisting. If lay baptism was valid before the new rubric of 1661, there is nothing in that rubric to invalidate it. Ge- nerally speaking, where any thing is esta- blished by statutory provisions, the enact- ment of a new provision must clearly indi- cate an intention to abrogate the old; else both will be understood to stand together, if they may. But, more especially, where the common law is to be changed, and, most especially, the common law which a statutory provision had recognised and enforced, the intention of any new enactment to abrogate it must be plain, to exclude a construction by which both may stand together. This principle, which is plainly founded in reason and common sense, has been largely sanc- tioned by authority. The distinction which Lord Coke takes in one place between affirm- ative and negative words, giving more effect to the latter, (Co. Litt. 115 a,) has some- times been denied, at least doubted; (W. Jones, 270; Lovelace's case, before the Windsor Forest court, in 1632, in which there is a dictum of Lord Chief Justice Richardson ;) Mr. Hargrave thinks, upon a misapprehension, (note, 154.) But the rule which is laid down in 2nd Inst. 200, has been adopted by all the authorities, that ' a statute made in the affirmative, without any negative expressed or implied, doth not take away the common law.' So Comyns' Dig. (Parliament. R. 23,) and he cites the case de jure ecclesiastico, (5 Rep. 5, 6,) which lays down the rule in terms. The case decides, that the penalty attached by the Uniformity Act of Elizabeth, for not reading the Com- mon Prayer, on the second offence, does not take away the same common law penalty on the first offence. Now here the former law being this, ' Let lay baptism be valid, but let ministers only perform the rite, unless in case of great necessity;' and the new law being, 'Let lawful ministers baptize;' it must be taken as an addition to, and not a substi- tution for, the former, unless the intention plainly appear to make it substitutionary and not cumulative. The proof is on those who would make it substitutionary and ab ro- gatory. But the circumstances and the con- text seem, on the contrary, to shew that the intention was to make the new rubric cumu- lative, and to leave the validity of lay bap- tism unaltered. The private baptism is ex- pressly confined to cases of 'great cause and necessity,' and the want of time is expressly referred to, as being great enough possibly to prevent saying the Lord's Prayer. How then can it be expected, that time should be given to send for the minister of the parish, and, if he be absent, to procure some other minister? Doubtless, it is required that a minister shall perform the ceremony if he can be procured; but the possibility of there being none must be understood to have been contemplated. Again, it is directed that if any lawful minister, other than the minister of the parish, performed the ceremony, then the minister of the parish, when the child is brought to him, shall examine how the cere- mony had been performed. The questions prescribed by the former rubrics are materi- ally changed;— two are left out— that re- specting calling for grace, and that respecting their opinion of the ceremony having been completed. But an important preamble is inserted, before the question as to the matter and the words : ' Because some things essen- tial to this sacrament may happen to be omitted, through fear or haste, in such times of extremity, therefore, I demand further, " With what matter and with what words was this child baptized?"' Now it is re- markable, that the essentials here spoken of are the water and the reference to the Tri- nity ; nothing whatever is said of the minis- ter being essential. The questions as to who baptized, and who were present, are given without any preamble at all, indicating that the water and the invocation of the Trinity are essentials, while the presence of a minis- ter is only expedient ; a matter to be inquired^ into for the purpose of correction or censure if it was omitted without necessity ; but not essential, as those things wherein consisted the very rite itself, the water and the words. The water and the words are afterwards again stated to be 'essential parts of baptism' in the rubric which provides for the case of a doubtful baptism, sometimes called condi- tional. If it were assumed, that in every case a lawful minister was necessary, and that there could be no baptism without his presence, the only necessary question to be answered by those who brought the child, would be, whether such minister officiated or not, for it might be assumed that he used the matter and the words prescribed, inasmuch as he would be punishable if he did not. The whole direction as to conditional baptism is very material to be regarded, and no part more so than the last rubric relating to it. If the answers are uncertain, the baptism is to be made, but provisionally or condition- ally. What kind of uncertainty is contem- plated? If a minister had been essential, surely any uncertainty as to who performed the ceremony would have been specified as a ground of conditional baptism. But nothing of the kind is to be found in the rubrics of 1603 and 1661, any more than in those of Edward and Elizabeth. Nay, the uncer- tainty is more specifically confined to the water and the words in the later than in the earlier rubrics : ' If it cannot appear that the child was baptized with water, in the name of the Father, and of the Son, and of the Holy Ghost, which,' adds the rubric, 'are essential parts of baptism,' then — and then only — is the child to be baptized and condi- tionally. " The question directed to be put, as to who baptized the child, clearly proves nothing as to the necessity of a minister, for another question immediately follows, which relates to a matter that must, on all hands, be ad- mitted to be anything rather than essential, namely, 'Who were present at the cere- mony?' And if it be said that this might be asked, not as a substantive question, the an- swer to which is essentially necessary, but as a question, the answer to which may tend to facilitate other inquiries, and to explain other answers; in the same way it may be said, that the answer to the first question, STATUTA VICTORIA. A.D. 1837—1844. 2021 'Who baptized the child?' may be used simply for the purpose of explanation as to the really essential matters, the water and the words. "The changes made in the rubric, touching uncertain and conditional baptism , are mainly relied upon to show that the rubrics of 1603 and 1661 invalidated lay baptism ; and cer- tainly those changes afford the only counte- nance lent to the negative argument. But they are wholly insufficient to work an abro- gation of the former law. The omission of the question, ' Whether they (the people) called for grace and succour in that neces- sity?' is said to show that the people were no longer to officiate, but only the minister, who had no occasion for that succour. Yet besides that this seems a very gratuitous position, the persons present were inquired of, and they surely were not material. The question, as to the opinion of the party bringing the child, is also omitted; but it is not omitted in the rubric of 1603, which, nevertheless, is supposed to negative the vali- dity of lay baptism as much as the rubric of 1661. Perhaps the most material change in this part of the service is in the certificate, which is no longer that 1 Ye have done well,' but that ' All is well done.' But this, though in the direction of the argument against and lending colour to it, is mani- festly too slender a foundation on which to ground any inference. We must always bear in mind, that it was the intention of those who framed the new rubric to discountenance all baptism except by a minister, and to assume, as far as possible, that it should by a minister be performed, and the omission of whatever was not quite necessary, and what- ever needlessly contemplated a lay adminis- tration of the rite, was a natural consequence of this design. But if it had been the inten- tion of those who framed the rubric to de- clare lay baptism ineffectual, some express declaration to that effect would have been introduced. " It is unnecessary to give instances of the difference between positive directions, nay express prohibitions, and such prohibitions as make the thing forbidden to all intents and purposes void. If it were necessary to point out instances of that distinction, the kindred subject of the marriage rite affords one too remarkable to be passed over. There is hardly any country where some solemnity is not required by the directions of the law; there are many in which a departure from the order prescribed by the law is strictly for- bidden, and under penalties; but in most protestant countries the irregular marriage is valid, and in catholic countries also, up to a comparatively recent date, that of the coun- cil of Trent, though it might be censurable, it was valid, without the interposition of a priest, and without any ecclesiastical solem- nity whatever. England, before the Marriage Act, 26 Geo. 3, c. 33, commonly called Lord Hardwicke's Act, affords one instance of this ; Scotland to this day affords another; nay, the existing Marriage Act, 4 Geo. 4, c. 76, presents us with an instance still more re- markable, and bearing more closely upon our present argument, for some of the marriages, to prevent which was the main object of this Stat. 3 & 4 as of the former act, are allowed by this latter Vict. c. 86. act to be valid, and are only valid because they fall not by express declaration within the 22nd section, which certainly confines the invalidity to the cases specified in that section. But if it be said that baptism is a sacrament, which marriage is not, let it be remembered that, in the Romish church, marriage too was a sacrament, and retained its character as such, though performed with- out the intervention of a priest, or any solemnity of the church. Dalrymple v. Dal- rymple, 2 Hagg. 64, and the three authori- ties there cited. u The opinions and practice of the church, from the date of the canon, 1603, down to that of the Uniformity Act of Charles the Second, and afterwards till near the end of Queen Anne's reign, appear to have been clear upon this head. The validity of lay baptism, notwithstanding the change in the rubric, was not questioned until about 1712, when the controversy arose, and some emi- nent divines took part against its validity. It is unnecessary to examine the authorities in detail. We may observe, that there seems no comparison between the number and the weight of those who espoused the opposite sides of the question. There are very few indeed who can be said to give a clear and explicit opinion against the validity, while those who maintain it lay down the doctrine with the most perfect distinctness. The substance of the conclusions to which they come, and the testimony which they bear to the practice, may be well given in the words of a writer no less renowned for his learning and judgment than his eloquence. 1 Sith the church of God,' says the judicious Hooker, (Ecclesiastical Polity, b. 5, s. 62,) ' hath hitherto always constantly maintained that to re-baptize them which are known to have received true baptism, is unlawful; that if baptism seriously be administered in the same element and with the same form of words which Christ's Institution teacheth, there is no other defect in the world that can make it frustrate, or deprive it of the nature of a true sacrament; and lastly, that baptism is only then to be re-administered when the first delivery thereof is void in regard to the fore-alleged imperfections, and no other,' that is, the words and the matter; 4 shall we now, in the case of baptism, which, having, both for matter and form, the substance of Christ's Institution, is by a fourth sort of men,' (he had mentioned, with more or less censure, the errors of some in the primitive church, of the Donatists and of the Anabaptists,) 1 voided for the only defect of ecclesiastical authority in the mi- nister, think it enough that they blow away the force thereof with the bare strength of their very breath, by saying, " We take such baptism to be no more the sacrament of bap- tism than any other ordinary bathing to be a sacrament?" ' And he then goes on to shew how 'many things may be upheld, being done, although in part done other- wise than positive rigour and strictness did require.' "The clear and unqualified opinion upon 2022 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 the point, and post litem motam, of the two Vict. c. 86. metropolitans- and fourteen other prelates, has also been properly referred to, and is no doubt of great weight. But the question is not to be decided by a reference to the opinions, however respectable, of individuals eminent for their learning, or distinguished by their station in the church; and these authorities are chiefly valuable as bearing testimony to the fact, that the construction of the rubrics of 1603 and 1661 was acted upon, which construction assumed no change to have taken place in the former law, the common law of all Christendom, before the reformation of the Anglican church ; and both before and after that happy event, the law of the same church, up to the date of the canons of 1603, — a law which was recognised by the statutes of Edward and Elizabeth, and which, as nothing but express enact- ment could abrogate, so we might the rather expect to find contemporaneous usage con- firm, when no abrogation had been effected. "Nor is it necessary that we should strengthen the conclusions to which a strict construction of the law has led, by pointing out the inconsistent or even absurd conse- quences which would follow from an oppo- site doctrine. If only a lawful minister can baptize, then, as it is also contended, that this description only applies to those who are regularly and episcopally ordained, it will follow, that none can be capable of cle- rical functions who have not themselves been baptized by ministers so ordained ; and hence some of the greatest lights of the church have held her highest offices unbaptized — have administered that sacrament invalidly, and have had no right to the offices of the church at their interment : a doctrine which would lead, and inevitably, to the inference that Bishop Butler and Archbishop Seeker were never baptized; that the latter, in bap- tizing George the Third, acted without au- thority, and that hoth were disentitled to the burial service, as unbaptized persons, is at least well calculated to make us pause before we admit it to be the law of the land, and of the church. " But it is not less fitted to excite doubts of its soundness before examination, when we reflect that another inevitable consequence would also flow from its admission, — the ex- clusion from the church's pale of all dissen- ters, and of all foreigners who have been baptized otherwise than by ministers of epi- scopal ordination. No lex loci is set up, or can be pretended to work any exception in their favour. The rubric, if it applies to any, applies to them, and unless they shall have been rebaptized, they can neither be ordained, should they embrace our tenets, nor buried with the rites of our church, should they depart this life within our terri- tory. All these topics, however, are super- fluous, when the question has been sifted upon its true merits, and brought to the test of a more rigorous examination, as was done both in the present case by the court below, and in the former instance before the late learned and able judge of the Arches court, Sir John Nicholl. "The case of Kemp v. Wickcs, (3 Phill. 264,) in 1809, was in every respect, as re- gards the facts, similar to the present. It underwent a full discussion ; the only diffe- rence was in the course pursued by the de- fendant in his pleadings, which was more commendable than that adopted in this case ; and the learned judge pronounced an elabo- rate judgment upon the point now before the court, as to the merits, neither of the preli- minary objections having been taken. That judgment does not appear to have given any dissatisfaction in the profession; on the con- trary, it is believed to have carried along with it the opinion of lawyers in both the courts christian and the courts of common law. We can hardly avoid attaching great weight to a decision pronounced by such an authority, so long acquiesced in, so little objected to, and, generally speaking, so much respected, although no decision has hitherto been given on the same question in any court of the last resort. "It is impossible to mention this judg- ment of Sir John Nicholl, without adverting to the indecorous terms in which it has heen • assailed by some reverend persons, who have taken a part in the controversy, and whose zeal, honest no doubt, and conscientious, has outstripped their knowledge, and also overmatched their charity. If those feelings had only found a vent in vague charges against the decision, as full of 'ignorance and error,' and even 'impiety,' this might have been passed over, as the effusion of a temper heated beyond the bounds of reason with the violence unhappily incident to theo- logical warfare. But an imputation upon the venerable judge, of * misquoting ' the canon of 1575, and that 'with the grossest mis-statements,' cannot be so easily passed over; and it is fit that we deny entirely the justice of the charge. He gives the summary of the article, and his abridgment of it, and suppresses no part at all material to the argument. Some of his accusers have made a much greater alteration of his text in quo- ting his judgment ; yet he would have been more just, at least more charitable, had he lived to see this attack and this citation, than to charge its authors with ' the grossest mis-statements.' "The court below justly held that, if the penalty of the uanon had been incurred, no discretion is left in awarding its infliction. It appears to us, also, that the costs were properly directed to be paid. The appellant had taken a course which was wholly unne- cessary for raising the question of lay bap- tism, upon which alone his defence was rested, as far as the merits were concerned, or for raising the preliminary objection to the promovent's rights. Both the one and the other of these points were distinctly raised upon the articles, and might have been disposed of by meeting that allegation alone, and disposed of at a comparatively trifling ex- pense. In Kemp v. Wickes, (Ibid.,) that bet- ter course was pursued. The articles, there as here, had detailed the circumstances offered to be proved, and the defendant at once op- posed the admission of them, contending that, be the facts all true as alleged, he had acted lawfully, and was guilty of no offence. STATUTA VICTORIA. A.D. 1837—1844. 2023 This might have been just as easily done in the present case ; but it has not been done ; on the contrary, a proceeding has been re- sorted to greatly increasing both the delay and expense, and wholly unnecessary for raising the only questions intended to be discussed between the parties. " The sentence appealed from must, there- fore, be affirmed, in all its parts, and the appellant must further pay the costs of this appeal. " The strange misapprehensions, which have been entertained by some worthy men touching the nature and grounds of this pro- ceeding, and the force of the sentence that has closed it, seem to impose upon us the duty of stating in what the offence consists, and what authority the courts christian ex- ercise respecting it. The notion has been ventilated, that the court in this case assumes to direct clergymen as to their spiritual duties, and to bind them, (as it has been termed,) by ordering what they shall do in future. It has been also suggested by high ecclesiastical authority, (a reverend prelate so stated in 1826,) in reference to the deci- sion of 1809, that they who think the sen- tence contrary to the rubric, may conscien- tiously submit to the law as interpreted by the judge, or may not less 'conscientiously refuse to read the service, if prepared to risk the expense of prosecution, and make the ultimate appeal.' Now, let it be once for all understood, that the court has never in these cases assumed any such office as that of die taring to, or directing, or even warning, cler- gymen touching the discharge of their duties. Nor has it interfered, nor does it in any way occupy itself, with the spiritual portion of their sacred office. But the law has required clergymen to do certain things, under a cer- tain penalty, which it has annexed to diso- bedience ; and the same law has required the judge to enforce that penalty, when his office is promoted by a competent party; and he (the judge) is left without any choice whe- ther he shall or shall not exercise his judicial functions. Nor let it be imagined that any one's conscience is thus forced. Whoever conscientiously disagrees with the court in the construction put upon the rubric, may, if he also conscientiously thinks that he can- not yield obedience to the law as delivered by the court, give up an office to which the law has annexed duties that his conscience forbids him to perform. The case of such clergymen is not peculiar. Persons in a judicial station have, and very recently, felt scruples about administering oaths in the discharge of their magisterial functions. What course did they pursue to seek relief for their conscience, without violating their duty as good citizens ? They did not complain that their conscience was forced; they did not retain the emoluments of a station of which their conscience forbade them to discharge the duties ; they sacrificed their interests to their duty, and gave way to those who could honestly fill the place, and honestly hold the office, by performing its appointed func- tions." Extract from a Charge of the Bishop of Exeter, respecting the Judgment in Es- cott v. Mastin. A variety of opinions exist, as to the effect of the foregoing judgment ; and the following extract from the Bishop of Exeter's charge delivered to the clergy of the diocese of Exeter, at his lordship's triennial visitation in June, July, August, and September, 1842, will illustrate the opinions which prevail among a large body of the clergy, respecting some of the doctrines propounded in Escott v. Mastin by the judicial committee of the Privy Council, and the dissatisfaction which exists, that doctrinal questions of faith should receive adjudication from members of the legal profession, without the authority of co- adjutors selected from the episcopal bench. "In a cause, which has recently excited more than ordinary interest throughout the land, by reason of the great theological and spiritual questions which were mixed up in it, final judgment was given by an ex-lord chancellor, an ex-lord chief justice of the court of Common Pleas, a puisne judge of the same court, and the judge of the high court of Admiralty — four men of high cha- racter and very high attainments, but not exactly such, as any one man in the realm would have selected, to ventilate the ques- tions, which they, whether necessarily or unnecessarily, connected with the point they had to decide. " Of that judgment, you will not suspect me of any inclination to speak with disre- spect; for it does, in truth, confirm and sanction the view, which I have been in the habit of stating to those among you, who have, from time to time, applied to me for a solution of their doubts, in respect to the burial of infants baptized by Wesleyans. But the extraneous matters, on which the learned judges thought fit to put forth their opinions, are of too grave importance to the church, to be carelessly heard, or lightly passed over: and this alone is a sufficient reason for a bishop saying something on them to his clergy. Moreover, I apprehend, that the effect of the judgment itself is commonly very much misconceived ; and therefore it is desirable that you should be informed what it really is. It amounted to no more than this, that ' a minister may not refuse to bury, with the office of the church, the corpse of an infant baptized by a layman.' "As the court stated, 'nothing turned upon any suggestion of heresy or schism; the alleged disqualification was the want of holy orders in the person ministering.' "Now, this consideration must very much mitigate any alarm, which the judgment, before it was understood, may have excited within the church — as well as abate some- what of the tone of triumph, with which it is said to have been hailed out of the church- In the case decided, the deceased infant had been baptized by a Wesleyan teacher; of whom it was not said, in the allegation of the defendant, that he was either heretic or schismatic. Of course, therefore, the court regarded him as neither one nor the other. Had schism been pleaded, as affect- 2024 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 ing the efficacy of the baptism, the court Vict. c. 86. must have noticed it. Whether such a plea would have altered the judgment, it would be presumptuous in me to conjecture. It is enough to say, that the judgment left this very important point just where it was. It only decided, I repeat, that a minister is bound to bury an infant, who had been bap- tized by a layman. It did not so much as decide, that he is bound to bury an adult, who, having been so baptized, had never sought to have the deficiencies of his baptism duly supplied. This point would still remain undecided, even though the layman adminis- tering baptism, without authority, were him- self a member of the church. "But much graver questions remain. What is the effect of baptism administered out of the church, that is, by heretics or schismatics ? Though sufficient to render rebaptization unlauful, does it confer all that baptism in the church confers? I speak not now of the spiritual grace of that blessed sacrament, though much, very much, here presses on our thoughts ; but I speak not now of this most interesting point — it is somewhat foreign to our subject, which is confined to external privileges. Does the baptism of adults by heretics or schismatics give to the baptized — does such baptism, even of infants, give to them, when the age of infancy shall be past, admission into the catholic church, a title to its communion, participation in its privileges ? If it does not, what is necessary to supply its deficiencies ? "These are questions which must, I ap- prehend, be seriously considered, and satis- factorily answered, before any sober judge will venture to decide, that a minister is bound to use the office of burial over the body of one baptized by a heretic or schis- matic, who shall have continued to live, and died, an adult out of communion with the church. Yet the possibility of any such questions seems scarcely to have presented itself to either of the two courts, which pro- nounced the judgment in the late case. If it had, they must have abstained from using words, somewhat larger than the occasion called for; words, which may mislead the unwary into a belief, that they have decided questions, which do, in truth, remain un- touched; in particular, they would not have intimated, that, if unlawful baptism is valid so far as to make rebaptization unlawful, it is fully and completely valid to all effects whatever. " But as such a conclusion can be drawn only from their reasoning, not from the judgment, it is fairly open to controversy. I, therefore, scruple not to affirm, that, should such ever be the decision of any court, it will be contrary (I do not say to the ecclesiastical law of this land, for of that it would be presumptuous in me to speak thus confidently, but) to the uniform doc- trine of the primitive fathers, to the decrees of councils, to the whole stream of authori- ties respecting the effect of heretical and schismatical baptism, including the most eminent of those writers, on whom both courts relied for the soundness of their own dicta on this point. "I will mention only one, but one who, in such a matter, is instar omnium — I mean the incomparably learned Bingham. I refer to him the more readily, because he has never been esteemed too high a churchman. — He is cited both by the learned judge of the Arches, and by the court above, as an authority for the validity of unlawful bap- tism. And, without all doubt, he asserts its validity. But does he assert its sufficiency/ So far from it, that, although he was one of those who in the great controversy, which took place a hundred and thirty years ago — that very controversy to which both courts referred as of much importance to their rea- soning— though Bingham was among those who then maintained the validity of schis- matical baptism against Lawrence, Brett, Waterland, and others, yet he admitted, or rather he shewed, by a most elaborate re- search into the history of all ages of the church, that such baptism, though valid so far as to preclude rebaptization, had yet very great deficiencies; that it gives not spiritual grace, nor remission of sins; nay, that it does not give (what is more to our immediate purpose) actual admission into the church, nor an actual right to church privileges; though it gives a right to claim admission into the church, and to its privileges, on submitting to the due course for having its deficiencies supplied, — which was by impo- sition of hands, and invocation of the Holy Spirit, upon repentance, and return to the catholic church. He further says, ' The rules and the practice of the church of Eng- land for these last two hundred years' (he wrote a hundred and thirty years ago) ' are clear: no rule was made that such as were not baptized by a lawful minister should be rebaptized ; but they were required to receive the bishop's confirmation, and then were ad- mitted to the Eucharist and the privilege of Christian burial, neither of which were al- lowed to unbaptized persons.' [Schol. Hist. Lay Baptism, P. ii. Ep. Ded. oct. p. cxlvii. I include these last words in my citation, lest I be accused of keeping back something which may sound, at first hearing, unfavour- able to my argument. They have, in truth, nothing to do with it; having been intro- duced by Bingham in confirmation of his own judgment, on the other part of the question, the validity of schismatical baptism. His reasoning is, that imposition of hands in the church being held to be both necessary, and sufficient, to supply the deficiencies of such baptism, and to admit to the Eucharist, and to Christian burial, to which unbaptized per- sons could not be admitted, it is plain that persons who have received such baptism are not unbaptized.~\ " When such is the language of the highest authority which can be produced, I think I shall not be going too far in saying that the point really decided has left the pretensions of heretics and schismatics to confer, by their baptism, a right of burial by the minis- ters of the church, very questionable at the utmost, if indeed questionable. "True it is, that the court of Arches did propound, and in very decided terms, an opinion the very contrary to this conclusion STATUTA VICTORLE. A.D. 1837—1844, 2025 of Bingham's. It said, 'Nothing can be more clear, from the whole history of the church, from its very early ages, or at least from the time when St .Augustine flourished in the fourth and fifth centuries, down to the time of the Reformation, and from that time down to the year 1712, than that the baptism of persons who were baptized by any person, other than a lawful minister, was considered to be valid and sufficient: [Mastin v. Es- cott, 2 Curt. 777.] This is strong language : we might have supposed that the last word had dropped per incuriam, had it not been immediately repeated, once and again, in such a manner, as to shew that it was used pur- posely and advisedly ; for thus the court pro- ceeds : 'And if it was valid and sufficient at that time, it is equally valid and sufficient now.' " Here, then, we have the court and our great ecclesiastical antiquarian diametrically opposed to each other, on a matter peculiarly belonging to the learning of the latter. In such a case, we should not be deemed defi- cient in due respect to the court, if we rather deferred to the authority of Bingham ; even though it were left a question merely of au- thority. But the court has not left it entirely thus. It has cited St. Augustine, and the conference at Lambeth in 1712, in testimony of the accuracy of its own statement. "I will meet its statement respecting St. Augustine with a citation from that father even where he is speaking as favourably as possible of unlawful baptism: 'Nequaquam dubitarem habere eos baptismum, qui ubi- cumque et a quibuscunque illud verbis evan- gelicis consecratum, sine sua simulatione, et cum aliqua fide accepissent: quanquam eis ad salntem spiritualem non prodesset, si ca- ritate caruissent, qua Catholicce inserentur ecclesia?: [Aug. de Bapt. 1. vii. 53.] "Now this shows undeniably, that bap- tism by unlawful ministers, is not, in the judgment of St. Augustine, sufficient of it- self, either to confer spiritual grace, or to insert into the catholic church. It also shews that, even in his time, it was a question of great doubt, whether such baptism was indeed so far valid, that it ought not to be repeated. He says, that the question had not been so decided by the church : but that, if he were present in any council, in which it were con- sidered, such would be his judgment. " So much for St. Augustine, the early authority of the court of Arches for its opi- nion, that 'Baptism by any person other than a lawful minister was considered,' not only 'valid,' but also 'sufficient: "I will now look to its modern authority for the same statement, the conference at Lambeth of 1712. That conference put forth a declaration, signed by the Archbishop of Canterbury and many of the bishops, ' That, in conformity with the judgments and prac- tice of the catholic church, and of the church of England in particular, such persons as have been already baptized in or with water, in the name of the Father, Son, and Holy Ghost, ought not to be baptized again.' " Such is the declaration of 1712— on the face of it, very far short of the statement of the court of Arches. It declares that bap- tism, however unlawfully ministered, is valid, Stat. 3 & 4 so that it ought not to be repeated; but it Vict. c. 86. says not one word about its sufficiency. Have we any evidence to shew the judgment of this same conference on this latter point, the sufficiency of unlawful baptism? Yes, a most undeniable one, which I proceed to adduce. " Bingham, only two years after the con- ference, published the second part of his ' Scholastic History of Lay Baptism,' and dedicated it to Trelawney, bishop of Win- chester. In the epistle dedicatory we read the following passage : " ' Your lordship did not so much as know what subject I was upon, till it was finished; nor did I perfectly know your lordship's sentiments upon the point, till you were pleased to honour me with a letter of thanks for my book, and tell me that you exceedingly approved of it ; and particularly that part of it, vjhich treats of the defi- ciency of heretical and schismatical baptisms, and of the obligation those, who are so bap- tized, lie under to return to the unity of the church, in order to have the defects of their baptism supplied by imposition of hands in confirmation: which was the usual way of supplying such defects, according to the general rule and practice of the ancient church. Your lordship was pleased also to acquaint me, with what I did not understand before, that all the bishops of both provinces were unanimously of the same opinion which I had defended, and thought there were other ways of supplying a fauity baptism, than by rebaptization, if given in due form by a lay- man : and though your lordship did not con- sent to subscribe the resolution, which was then intended to be drawn up, yet it was not because you dissented from them in the mam of the determination, but because you thought it more proper to have added the words " in cases of necessity;" which are cases less lia- ble to exception, whose deficiency, whatever it be, may most certainly be rectified by con- firmation.' [Bingham, part ii. Schol. Hist. Lay Bapt. Ep. Ded. p. cxlvii. oct.] " So much for the statement of the court of Arches respecting the judgment of the conference of 1712, that 'Baptism by other than a lawful minister is both valid and suf- ficient: " The higher court, while it speaks with great respect of the judgment of that confer- ence, states it, however, to be ' chiefly valu- able, as bearing testimony to the fact, that the construction of the rubrics of 1603 and 1661 was acted upon; which construction assumed no change to have taken place in the former law, the common law of all Chris- tendom before the Reformation ; a law which was recognised by the statutes of Edward and Elizabeth, and which nothing but express enactment could abrogate. " This, therefore, is the law, on which the court founds its judgment. " Let us see what it states this law to be; ' The statutes of Edward VI. and Elizabeth,' it says, ' recognised the right of every person to burial with the church service;' not even excepting excommunicates. " Now, with unfeigned reluctance, which 2026 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 nothing but a sense of duty could overcome, Vict. c. 86 I humbly submit, that those statutes do not recognise that power which the court here affirms; and for this plain reason, that ' the former law — the common law of all Chris- tendom, before the Reformation' — in other words the canon law, which, in this particu- lar, was everywhere received, and, especially, in this country, was the very contrary to what the court represents it to have been. In- stead of giving to ' every person a right to burial with the church service,' it expressly forbade such burial of any who died not in the communion, and in the peace of the church: ' Quibus non communicamus vivis, nec mortuis communicamus.' It went fur- ther; it commands, that, if the bodies of any of these had been so buried, they should be disinterred, and cast out of the church burial- ground. Nay, it pronounced excommunica- tion ipso facto against every one, who, in contempt of the keys of the church, should dare to bury persons of this sort in churches or cemeteries. [Extra 1. 3, t. 28, c. 12. , ' Sacris est canonibus institutum, ut quibus non communicavimus vivis, non communi- cemus defunctis, et ut careant ecclesiastica sepultura, qui prius erant ab ecclesiastica unitate prsecisi, nec nisi in articulo mortis ecclesise reconciliati fuerint. Unde, si con- tingat interdum, quod vel excommunicato- rum corpora, per violentiam aliquoram, vel alio casu, in caemeterio tumulentur, si ab aliorum corporibus discerni poterunt, exhu- mari debent, et procul ab ecclesiastica sepul- tura jactari.' " [Pursuant to the second part of this law, there is, in Archbishop Winchelsey's Register, (Winch. 296 b.,) an express order ' to dig up an excommunicate, who had been buried in the churchyard.' Gibson, 450. " [And no historical fact is more certain than that the bones of Wicliff were judicially disinterred and cast out.] " Having thus stated what I believe to be really the canon law on this subject — adopted in England, and therefore part of our common law — I turn again to the court's statement of the right which, * by the common law of all Christendom before the Reformation, and recognised by the statutes of Edward VI. and Elizabeth,' every person, not excepting ex- communicates, had in 1603, when the canon was made, — a right to burial with the service of the church. If there could otherwise be a doubt whether this be the court's meaning, that doubt is removed by what it afterwards says of ' the rubric of 1661, which forbad the burial service in cases of suicide, excommu- nicates, and persons unbaptized. A right formerly existing was thus taken atvay, at least in some cases;' [vide Escott v. Mastin, 2 Curt. 692,] the cases therein specified. " Now, in the face of the court's dictum on this subject, (fortunately it was no more than a dictum,) I venture to repeat my de- nial, that the statutes to which it refers, the 2 & 3 Edw. 6, c. 1, and 5 & 6 Edw. 6, c. 1, and 1 Eliz. c. 2, and 8 Eliz. c. 1, recog- nise any such universal right; and for the reason which I have already given, that those statutes say nothing in derogation, much less in abrogation, of the received canon law, which, as the court says, was 1 the common law of all Christendom.' " But I must go further; I must contend that the statute law of England, in 1603, did itself forbid the burial service of the church to be performed over the corpse of an excom- municate. " I refer to a statute of Elizabeth, which the court did not think it necessary to no- tice, though by its very title it might seem to invite notice in such an inquiry ; I mean the 13th Elizabeth, c. 12, entitled, 'An Act for Ministers to be of sound Religion,' — the statute, which established the 4 Articles of Religion of the Church of England;' and which, because it established them, is made by the Act of Union with Scotland to be an essential part of the treaty of union, and a fundamental law of the land. " Now of these Articles, thus made to be so especial a part of our statute law, the 33rd, entitled, ' Of Excommunicate Persons, how they are to be avoided,' runs as follows: ' That person, which by open denunciation of the church is rightly cut off from the unity of the church and excommunicate, ought to be taken of the whole multitude of the faith- ful as an heathen and publican.' Unless, therefore, a heathen is entitled to burial with the service of the church, which no one yet has had the hardihood to affirm, neither is an excommunicate . " So much for the law, common and sta- tute, applicable to this point. That both the one and the other are contrary to the state- ment of the court, may be the less unsatis- factory to the very eminent persons who com- posed it, if an opinion be correct, which I scruple not to submit, that, supposing the law were what they have stated it to be, the judgment pronounced by them, irreversible as it is in effect, might not be altogether sus- tainable in reason. " For if 1 every person,' not even except- ing excommunicates, had, as the court states, a ' statutory right to burial with the service of the church,' it follows that the 68th Canon, on which the late suit was founded, taking away that right in the case of excommuni- cates, must be ipso facto void: for I need hardly say that a canon purporting to extin- guish a right created or recognised by the law of the land, is not worth the paper on which it is printed. But, if this be so, how can a cri- minal proceeding be founded on such a canon? " The only way to escape the consequence herein suggested, seems to be, the putting a construction on the canon, which is not very obvious, nor very satisfactory, especially when the purpose must be the sustaining of a criminal prosecution. Could it, then, for this purpose, be maintained, that when the canon says, ' No minister shall refuse to bury any corpse that is brought to the church ; and if he shall refuse to bury such corpse, except the party deceased were denounced excom- municate, majori excommunicalione ;' could it, I ask, be maintained, for the sole purpose of sustaining a criminal prosecution, that this exception is not meant to deny the right of the excommunicate to burial, but only to exempt the minister from canonical punish- ment, if he set that right at nought? STATUTA VICTORIA. A.D. 1837-1844. 2027 "Happily, the canon needs no such strained construction. In its natural and unforced meaning, it is, as we have seen, in perfect accordance with both the common and the statute law, as that law existed when the canon was made. " Happily, too, the judgment is not only irreversible, but may, we doubt not, be shewn to be sound; though the particular line of argument pursued by the court be not such as commands unqualified assent. [I venture to submit, that a baptized infant, even though baptized in a schismatical or heretical con- gregation, being entitled to reception into the church, and to all its privileges, whensoever he shall seek imposition of hands, and do what else the church may require, — if he die, before he come to years of reason, ought to be regarded like all other infants dying in infancy; that justice, as well as charity, bids us presume of such infant, that, if he had been permitted to live, he would have done what his duty required — and, therefore, that he is to be dealt with accordingly. "[I once entertained strong doubts respect- ing those infants, who are baptized by persons heretical in the fundamental article of the Trinity, — thinking that, as such persons do not believe in the divinity of the Father, and of the Son, and of the Holy Ghost, their baptism cannot be deemed baptism in that holy name. I answered accordingly one or two of my clergy, who applied to me for solu- tion of their own doubts on this point. I think it necessary, therefore, thus to declare, that further consideration, and the balance of the authorities of the early church, have brought me to a different mind. "[I say. ' the balance of authorities;' — for, undoubtedly, that side of the question, which numbers St. Athanasius and St. Hilary among its advocates, cannot be said to be without grave authority. But not only the greater number of Fathers, but the canons of coun- cils,— viz. II. Constantinople, Aries, Laodi- cea, Trullo — make the balance incline strongly to the other side. The 8th canon of the council of Nice was differently interpreted, according to the different views of those who interpreted it. " [St. Augustine briefly states his view of the matter to be, that the church does not, and ought not to, rebaptize those who have been baptized, with the words of our Lord's institution, by any heretics whomsoever; be- cause such baptism is not properly the bap- tism of him who ministers, but Christ's. See Bingham, Schol.'Hist. &c. p. 1 , c. 1, s. 20.] ''The exception in the canon must yet detain us for a few moments ; for, if I mis- take not, it will be found to have a very important bearing on the main question. "It appears to me to show very plainly the description of persons to whom alone the indefinite phrase 'any corpse which shall be brought' must be understood to apply — namely, those, and only those, who may, for sufficient reasons, incur sentence of excom- munication— in other words, members of the church; for these, and only these, can be excommunicated — the censures of the church having scope and direction only within the church and over its own members. "This just principle, which always guided Stat. 3 & 4 the ancient catholic church in all its disci- Vict. c. 86. pline, and is, indeed, of the very essence of that discipline, was particularly illustrated in its dealing with those who had been baptized in heresy or schism. When any of them, being brought to the knowledge of the truth, sought reconciliation with the church, they were not required to go through the same stages of penance, as the canons required of penitents in the church; 'But they seem,' says Bingham, [Ecc. Ant. xix. c. 2, s. 7,] 'to have been reconciled in a more compen- dious way, more suited to their state and condition, as strangers and foreigners, now just entering within the pale of the church.' "Surely, this same principle may, and ought to, be taken as the true rule of inter- preting the canons of our own church; for it flows from, and realizes, the express in- junction of Holy Scripture, that we 'judge not them that are without,' but leave them 'to their own Master,' to whom ' thev stand or fall.' "And here, speaking of 'the pale of the church,' I am sorry to be obliged to remark on one unhappy sentence, which is stated, in the report, to have fallen from the higher court in delivering its judgment; for it went the whole length of subverting the most approved, and, until so denied, we should have thought the most undeniable, principle respecting schismatics — 1 Heretic without, or schismatic within the pale of the church' — is given as the language of the court. "That so portentous, and, considering the authority to which it is ascribed, so mis- chievous a description of schismatic, would not, even in the most incautious moment, be really uttered in such a place, we have some special right to hope, because it is expressly contradicted by the very law which the court adrninisters in the last resort. The view taken of schism by the canon law, is, that so far as any are schismatics, so far they are out of the church. It is thus ex- pressed by Lyndwood, of whom the learned judge of the Arches tells us that 'he is the standard authority on all points of the canon law which may arise in the administration of justice in these courts:' ' Schisma est recessus ab ecclesia, tel in parte, vel in toto.' Again, ' Schisma est illicita ditisio per inobe- dientiam ab unitate ecclesia facta.' Lynd- wood, 284. "I have been compelled to notice this strange dictum, because it has actually been cited to me by one of my clergy (who had published certain notions concerning schism, which called for my animadversion) as ' the view taken by the highest ecclesiastical court of the land, the judicial committee of Privy Council. ' In the luminous judgment de- livered by this august tribunal,' said he, 'the distinction is clearly taken between a heretic and a schismatic; a "heretic" is one "without," a "schismatic" is one "within" the church.' [That in a larsre and improper sense of the word church, including all whom God hath called by the revelation of his truth from the unbelieving world, a schisma- tic may be said to be within it, no one will 2028 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 deny : but in this sense of the word, a he- Vict. c. 86. retic too is equally within the church. Such, however, is not the sense in which an eccle- siastical court can be supposed to use the word — nor can any sane person advisedly speak, in this sense, of 'the pale of the church.' 1 The pale of the church,' ex vi termini, implies unity; schism, ex vi ter- mini, implies breach of that unity."] "Now, if the court really uttered what is ascribed to it, a stronger illustration cannot be wanted of the mischief of a judge, how- ever generally learned, flinging about his random sayings on matters of high and sa- cred import, without even seeking that ordi- nary measure of information, which educated men, indeed, might be expected to bring with them. For the supreme court of eccle- siastical judicature to talk thus wildly about schism, is not less startling, than it would be, to hear the court of Queen's Bench pro- claiming 1 the community of Christian men's goods.' "Before we leave this matter altogether, it is right to say that the court itself seems to have been startled at the largeness of its own construction of the general words of the canon; for it suggests that 'portions of the burial service itself would probably exclude persons not Christians.' We thank the court for this recognition of the important principle, that the canon must be construed with due consideration of the matter and occasion to which it refers : in other words, that the nature, and purpose, and terms, of the burial service must control the use of it. And if, extending the expression of the court's meaning a little further, we should say (instead of probably) this 'would cer- tainly exclude persons not Christians,' should we be very presumptuous ? So far from it, that I venture to think that, even if the rubric of 1661 had never existed, (which for- bids the use of the office to the 'unbap- tized,') a minister who should so abuse the church burial service, as to use it over the corpse of a jew or a mahometan, would be liable to ecclesiastical censure. The canon law itself is plain on this point. Even cate- chumens, dying before they are baptized, are excluded from burial with the service of the church. ['Item placuit, ut catechumenis sine redemptione baptismi defunctis, neque oblationis commemoratio, neque psallendi impendatur officium.' Bracar. Can. 35; Gibson, 450.] Accordingly, both Sir John Nicholl [Kempe v. Wickes (2 Phil. 268)] and Sir Herbert Jenner [Mastin v. Escott (2 Curt. 760) ] say, that ' the old law equally prohibited the interment, with the prayers of the church, of those who had died unbaptized by their own fault.' "The observation, therefore, of the higher court, that by this prohibitory rubric ' a right formerly existing was taken away,' is utterly without foundation. In truth, all the cases enumerated in that rubric were be- fore excluded by the canon law from inter- ment with the office of the church. [Gib- son, ubi supra.~\ "This consideration is important, not merely as affecting the statement of the law by that court, but also as proving that the general words of the 68rft canon must always have been interpreted with many limitations ; that, in truth, they applied to those only who died members of the church. "But the court, we have seen, limits its own limitation to ' persons not Christians.' Now ' Christians' is a very vague term, and, in such a question as we are at present con- cerned with, requires some accuracy in dis- tinguishing, before it can convey a suffici- ently definite meaning. Of heretics and schismatics, we deny not that they are Chris- tians, if by ' Christians' is meant that they are not heathens — that they have received baptism, which not only makes it unnecessary and unlawful that they be again baptized, but also gives them a right, on their testify- ing a wish to be received into the church, making a confession of the true faith, and seeking a reconciliatory imposition of hands, to be received accordingly. "But if by ' Christians' is meant, in the full sense of the word, the fi deles, ' faithful men,' those who hold the catholic faith, and are in the unity of the holy catholic church, then, so long as any persons continue here- tical in their opinions, or schismatical in their conversation, we are bound to deny to them all right to that name, and to the pri- vileges which it implies. With 'Christians,' in the former sense of the word, we would hold internal communion, the communion of charity ; but we cannot, consistently with our dutv to the church, and even to them- selves, [1 Cor. v. 5; 1 Tim. i. 20,] hold external communion. "The learned judge in the court below recognises the same principle, and in a man- ner, I may be permitted to say, much less unsatisfactory than the court above. ' The object of the church and of the legislature which confirmed the rubric,' says he, ' must have been to exclude from the offices of the church all those who had never been ad- mitted into it by baptism; all those who, having been once admitted into it, had for some grievous offence been excluded from it ; and, thirdly, all those who, dying in the commission of mortal sin, had by their own act renounced the privileges of Chris- tianity.' [Mastin v. Escott, 2 Curt. 724 ] This, I say, is a recognition of the same prin- ciple, that the use of the offices of the church can be proper only in the case of those who have been admitted into the church, and have never either been excluded, or excluded them- selves, from the church. It is true, that he assumes it as undeniable, that persons are so admitted, if baptized, whoever may have been the minister ; whereas we have seen, by the authority of Bingham, that neither heretical nor schismatical baptism does admit into the church. Consequently, on the sound prin- ciple thus recognised by both courts, it does not entitle persons so baptized to the offices of the church. "The principle of which I speak, and which is thus recognised in the judgment of both courts, is, indeed, so obvious, that it may seem hardly to need this high authority, which yet we rejoice to see given to it. It is a principle constantly applied in respect to the rubrics and canons. STATUTA VICTORLE. A.D. 1837—1844. 2029 "For instance, the 59th Canon requires, under very heavy penalties, 'every parson, vicar, or curate, upon every Sunday and holiday, diligently to hear, instruct, and teach the youth and ignorant persons of his parish the Catechism set forth in the Common Prayer.' Is he to teach ignorant persons who are unbaptized, this Catechism? They are included under the general terms of the canon, yet the very nature of this Catechism makes it manifest that they are not, cannot be, included in its sense. Again ; the rubric of the office of 1 Visitation of the Sick' says, 'When any person is sick, notice shall be given thereof to the minister of the parish, who, coming into the sick person's house, shall say,' as is there appointed. Here the phrase 'any person' is so large as to include jews, turks, infidels, and heretics, as well as members of the church ; yet will any one gravely assert that the church's office of 1 Visitation of the Sick ' ought to be used, or can properly be used, to ' any per- sons ' who are not members of the church ? " Nay, in respect to the very canon in question, the 68th, no one will contend that the words ' any corpse ' must not be limited to those who have a right to burial in the particular parish churchyard to which the corpse is brought. It is plain, therefore, that some limitation must be admitted : but what can be more reasonable than that which is drawn from the nature and tenor of the office of burial itself? In other words, ought it to be used in the case of those to whom it is manifestly unfitted — to persons, that is, whom the church cannot recognise as having died in communion with it, or as capable of its blessing ? " No man who respects the principles, or the practice, of the church of Christ, from and through all antiquity, will hesitate how this question must be answered. ' This office of burial,' says Bingham, * belonged only to the Jideles, or communicants ; that is, such as died either in the full communion of the church, or else, if they were excommunicate, were yet in a disposition to communicate by accepting, and submitting to, the rules of penance and discipline in the church.' [Eccl. Ant. B. xxiii. c. 3, s. 23.] " In truth, such a claim as we are said to be threatened with, on the misunderstood authority of the late judgment, is simply this— that the church, and the church only, shall cease to have a peculiar communion of its own ; shall cease to have its own rules for its own guidance ; shall cease to have any special marks whereby to distinguish itself"; shall cease to perform any special offices to its own members. 44 For, our offices, be it borne in mind, are designed for persons belonging to a certain body, united together by certain terms of communion. Why are we to be compelled to disregard the appropriate nature of these offices, and to abandon these terms of com- munion, at the bidding of those who may mishke our having such distinctions ? They are not prevented from forming themselves into a separate society, having their own offices, their own terms of communion. We only say, that, if they do so separate them- selves, we cannot admit them to communion Stat. 3 & 4 in religious offices with us. Is there in this Vict. c. 86. any real hardship to them ? or any real want of charity in us ? " Let us see, in the instance of burial, to what it amounts. " Heretics and schismatics have the same right of interment in the parochial burial grounds as we have. [This seems to have been ruled in Rex v. Taylor, Willes 537, in not. : ' The doctrine there laid down,' as stated by the court of Arches in the late cause, ' was, that the common law right of interment in the churchyard belonged to every parishioner ; but that the manner in which the service was to be performed, was to be left to the spiritual court, and there enforced.' Mastin v. Escott, 2 Curt. 7 66-7.] They may use, in their own meeting-houses, any office of burial they choose. If they prefer the office of the church, they are quite at liberty to use it ; only they must not use it in our churches, or in the churchyard. This is the amount of the grievance, and simply to state it is to expose its frivolity. " But they will not be satisfied unless the ministers of the church perform the office, and treat them as members of our commu- nion. Why is this ? Why are they anxious for the services of ministers, whose ministry they either deny or usurp ? or rather, both usurp and deny ? Or, why do they claim to be admitted to the privileges of a community, which they do not value sufficiently to seek to belong to it ? " The real truth is plain. Their only grievance is, that the church exists ; and so long as it shall continue to exist, its existence will be. must be, felt a reproach by those who have abandoned it. " But we are told, that, whatever be the merits of the question, the laws of the church itself require its ministers to perform these offices to dissenters, and they have a right to enforce obedience to those laws. 44 That the laws of the church do indeed require this, may be found not quite so clea as they choose to represent ; and to prove it will need something more authoritative than a mere dictum, (if there have been such dic- tum,) even of the highest court. But, if the laws of the church do, indeed, require its members to perform its offices to those who are not of its communion, can we doubt that this is caused by those laws having been made at a time when sui h a thing as tolerated heresy or schism was not even thought of ? 44 In the short interval which elapsed be- tween the passing of the first Toleration Act and the discontinuance of the sittings of con- vocation, none of the claims which are now harassing the church were ever put forward, or even contemplated ; else, we cannot doubt that due provision would have been then made, to meet the new state of things, and to prevent a law, which was liberally and wisely designed as a relief to conscientious dissenters, from being abused, as an engine for the persecution of the church. 44 In short, the offices of the church having been devised for members of the church, the church ought to have the power of declaring who are not its members, and, therefore, who 2030 STATUTA VICTORIA. A.D. 1837—1814. Stat. 3 & 4 have not a right to participation in its offices. Vict. c. 86. To withhold this power, whenever its neces- sity shall .be felt, would not be easily reconcil- able with the first article of the Magna Charta of olden times, nor with the plainest obliga- tion of the Magna Charta of more modern days, the Coronation Oath. But how can such a power be adequately exercised except by the church assembled in synod ? " In asking for such a power, we wish not, I repeat, 1 to judge them that are without.' We only claim to pronounce that they are without — out of our church, of which we believe and proclaim that it is the visible church of Christ in this land. We quarrel not with others, though we think them here- tics, or schismatics, and though, as such, we refuse to them communion with us in the offices of religion ; but we quarrel not with them if they choose to say the same each of his own separate congregation. " The court, in delivering the late judg- ment in Mastin v. Escott, thought proper to ' point out the inconsistent and even absurd consequences which would follow from the opposite doctrine to its own.' " Now I, too, may be permitted to point out the consequences, (due respect forbids my calling them inconsistent or absurd,) which would follow from some dicta of the court, if they should ever be exalted to the authority of judgments. " For instance, if, as was said, (happily not ruled,) by the court, it be the duty of the minister to use the office of burial over ' every corpse which shall be brought to the church or churchyard,' it should seem to be equally the duty of those who bring it, to permit the office to be used. And yet it is quite conceivable that this may not always be very satisfactory. For, be it remembered, there are other persons not in communion with the church, besides that description of dissenters who promoted the late suit. Now, let me put a case, it shall be not an extreme case, but one actually proposed by the court itself, that of ' foreigners who have been bap- tized otherwise than by ministers of episcopal ordination.' The court pointed out as one of the ' inconsistent and even absurd conse- quences ' of the defendant's plea, that ' such foreigners could not be buried with the rites of our church, should they depart this life within our territory.' It happens, that many such foreigners from one particiilar country, as well as many of our own coun- trymen who are in communion with them, die amongst us every year — I mean presby- terians of the kirk of Scotland. " Now, let us suppose the corpse of one of these presbyterians, Scotch, or Irish, or Eng- lish, to be brought to the churchyard of any parish in England. 4 If the minister delay burying in the manner and form prescribed in the Book of Common Prayer,' he will be suspended, should the court's dictum ever be ruled to be the law. If the minister plead his conscience, the plea will be either sneered at, or frowned down. Knowing this, he submits, and quietly begins the ceremony. " Meanwhile, those who bring the corpse insist on ' immediately interring it without any ceremony ;' for such is the order 'con- cerning burial of the dead ' in the 1 directory for public worship,' set forth by ' public authority in the church of Scotland.' They, too, will plead conscience ; they will cry aloud against the abomination of 1 a prescript form of prayer' being imposed upon them, in the exercise of their common-law right of depositing the remains of their deceased brother in the parish churchyard : and as they are not in the habit of submitting, we need not fear, but that some very good reason will soon be found why they shall be submitted to. " Here I would leave the matter, were it not for one particular of the speech made in delivering the judgment of the court above, which has, I understand, given some uneasi- ness to the clergy, and excited some surprise in others. " That speech has derived more than ordi- nary importance from its having been pre- viously written, and, as is understood, hav- ing received the sanction of all the learned members of the court. In stating this, I wish to be considered as stating it with the sincerest feeling of respect for the wisdom and justice which dictated so cautious a pro- ceeding. " But, then, this caution only gave the stronger effect to all the observations in the speech, however irrelevant some of them may have been ; however transcending the authority even of the high tribunal from which they emanated. " In the conclusion, the court thought it ne- cessary to propound, that clergymen, if they shall ever feel their consciences violated by any requisition of the law, will have no right to complain ; they may do as laymen have done ; they may resign their offices, and ' give way to those who could honestly hold them by performing their appointed functions.' " Now, in putting forth this declaration, the court seems to me, (I must not be afraid of avowing it,) to have a little overstepped the line of its own duty, to have a little mis- understood the nature of the matter it was speaking of. " The cure of souls, even though it be endowed, is not a mere salaried office, which may be resigned at pleasure. It is a station of high and holy responsibility, from which we are not at liberty to withdraw ourselves, merely because the world's law shall be found at variance with our duty. Should such a state of things ever arise, (I do not contem- plate it as in the lowest degree probable ; nor should I think it decent to suppose it even possible, were not the supposition thus forced upon us from so high a place, ) but should such a state of things ever arise, we will complain, (for, thank God ! the clergy, like all other subjects in this free land, may com- plain,) of the state of the law, which would thus make obedience to it incompatible with obedience to that higher law, which we are commissioned and commanded by God to execute ; and we will urge our complaint in the firm but temperate tone which becomes us, not doubting that we shall obtain from a just legislature due attention and redress. Should the result be otherwise, (I have no fear that it ever will, but should it be other- STATUTA VICTORLE. A.D. 18:37—1344. •2031 wise,) the state will deal with us as it may deem fit ; but we, my reverend brethren, will not renounce, we will adhere to our posts, calmly, meekly, faithfully, resolutely, in the fear of God, and not of man." The Bishop of Exeter, in permitting the editor to publish this extract from his charge, has furnished him with the following im- portant fact, in confirmation of the view taken by his lordship of the judgment of the church of England on the insufficiency of baptism by heretics or schismatics to entitle the parties so baptized to church commu- nion, and the privileges consequent there- upon. It appears from Cardwell, (Synod 776,) that on the very first meeting of convoca- tion, after the resolution of the bishops re- specting the validity of baptism (with the proper matter and form), by whomsoever administered, so as to make re-baptization unfit, the queen (doubtless on the applica- tion of the bishops), in her "Letter to the Convocation about Business for them," on the 17th March, 1714, specially included among "the matters proper for the consi- deration of the said convocation," these which follow: " The preparing a form for admitting con- verts from the church of Rome, and such as shall renounce other errors. M For restoring those who have relapsed." It appears further (Ibid. 796-804), that such forms were prepared and adopted by convocation on June 18, and were prevented from becoming canons of the church only by the death of Queen Anne. But though they thus missed obtaining the binding force of law, they nevertheless express the judgment of the church in 1714. They stand, in short, on a stronger footing of authority than the " Form for consecrating Churches and Churchyards," which having been pre- pared by the upper house in 1715, was not brought to maturity, when the prorogation of the Synod in 1717 put an end to all its deliberations. Now in the forms which were passed by convocation in 1714 (as stated above), for "admitting converts," it is expressed, that the congregation are ' ' met together for the reconciling of a penitent (lately of the church of Rome, or lately of the separation) to the established church of England, as to a true and sacred part of Christ's holy catholic church." It is plain, therefore, that until they should be so reconciled, such persons were not con- sidered by our church as members of the holy catholic church, and, of consequence, as not entitled to the privileges of such members, one of which is, burial with the rites of the church. In the course of the service, the penitent (if from the separation), having made pro- fession of his "allowing and approving the orders of bishops, priests, and deacons," and if he have been " a teacher in some se- parate congregation," further allowing and approving those orders, "as what have been in the church of Christ from the time of the apostles," having also promised "conformity to the Liturgy of the church of England," Stat. 3 & 4 &c. receives absolution, and is "received" Vict. c. 86. by the bishop, or priest (appointed by the bishop), " into the holy communion of the church of England, in the name of the Father, and of the Son, and of the Holy Ghost." And the penitent is likewise charged to be confirmed at the next opportunity. The Bishop of Exeter has at the same time adduced the following attestation to the truth of a principle laid down in his lord- ship's charge, that the language of the offices in the Liturgy proceeds on the as- sumption, that they are applicable to mem- bers of the church, and to them only. At the Savoy Conference in 1661, which was in effect the review of the Book of Common Prayer, just before it was esta- blished by the Act of Uniformity, the non- conformist ministers put forth this as one of their proposals : " XV. That whereas throughout the se- veral offices the phrase is such as presumes all persons {within the communion of the church) to be regenerated, converted, and in an actual state of grace, &c. We desire, that this may be reformed." Cardwell, Conf. 308. The bishops, in their answer, admitted that such is the import of the words, saying, " The church in her prayers useth no more offensjj-e phrase than St. Paul uses when he writes to the Corinthians, Galatians, and others, calling them in general the churches of God, sanctified in Christ Jesus, by voca- tion saints, &c; and our prayers, and the phrase of them, surely, supposes no more, than that they are saints by calling, sanc- tified in Christ Jesus, by their baptism ad- mitted into Christ's congregation, and so to be reckoned members of that society, till either they shall separate themselves by toil- ful schism, or be separated by legal ex- communication." Ibid. 343. Now this may be considered as the inter- pretation of the Liturgy by the very autho- rity which last sanctioned and enjoined it. Judgment of Sir Herbert Jenner Fust, in the Office of the Judge promoted by Nurse v. Henslowe. Xurse v. Henslowe, (3 Eccles. Notes of Cases, 272,) was a similar proceeding to that of Escott v. Mast in, against the Rev. William Henry Henslowe, perpetual curate of the parish of Wormegay (or Wormgay), in the county of Norfolk, for refusing, on the 3rd of March, 1844, to bury the corpse of Sarah Bowden, a parishioner, who had been baptized by a minister of a congrega- tion of primitive methodists. This case was brought by letters of request from the Bishop of Norwich under the Church Discipline Act. The reverend defendant, who con- ducted his case in person, at first gave a negative issue, denying the articles gene- rally; but afterwards retracted the denial, and gave an affirmative issue, thereby admit- ting the facts pleaded in the articles. Sir Herbert Jenner Fust: " In this case, the court, however it may lament the situa- tion in which the reverend gentleman has placed himself, must pronounce its sentence 2032 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 m the terms of the canon — for it is a pro- Vict. c. 86. ceeding not under the general ecclesiastical law, but under the 68th Canon, which gives the court no discretion, as to diminishing or increasing the punishment. The canon di- rects that, if a clergyman shall refuse to bury a corpse brought to the churchyard, convenient notice having been given to him, he shall be suspended from his ministry for three months: and there is no reason, which I can collect from the case, to alter the opi- nion of the court, as to the necessity of in- flicting this punishment upon Mr. Hens- lowe. I must state, that a long protest in arrest of judgment was delivered to me by * the registrar, as from Mr. Henslowe ; that I have read that protest, and I am sorry to say, that it goes into a history of which the court cannot take any notice, referring to persons not before the court, and imputing malevolent motives. It has nothing to do with the question. This is not a case of discretion, for the canon (which is the sta- tute of the court) has itself affixed the pu- nishment to the offence when proved. Now, it is proved, that the corpse of this child was brought to the churchyard, after sufficient notice, and that Mr. Henslowe was informed of the fact, and refused to bury it. Under these circumstances, the court is bound to pronounce the sentence; and although it laments that a case of this kind should be brought to its notice, and that a clergyman should place himself in such a situation, the court cannot relieve him; and it would be wise on the part of clergymen to recollect that, in every case of this kind, where an opposition to the claim of a legal right by a large body of persons in the country is made, and that opposition is unsuccessful, (as it almost always must be in these cases,) they afford an additional triumph to persons who are seeking the downfal of the established church; — an additional source of triumph is afforded on all such occasions, where an un- successful opposition is made to the claim of a legal right. " Under the circumstances, I must pro- nounce that Mr. Henslowe has incurred the penalty affixed by the canon, the party pro- moting the office of the judge having esta- blished his case; and, consequently, unless Mr. Henslowe has anything to allege by way of defence, I must suspend him for three months, and condemn him in the costs. I can hear nothing as to the protest, which contains matter utterly irrelevant." Mr. Henslowe: " I wish to explain my- self. The end of the law is to elicit truth and to establish justice; but the truth has not been elicited, nor justice established, in my case." [Sir Herbert Jenner Fust : "You have admitted the facts."] " I did so be- cause I was intimidated on account of the costs." [Sir Herbert Jenner Fust: " I can- not hear you on that point : the articles were admitted, and you gave an affirmative issue to them, thereby admitting the facts : that is sufficient. If you proceed in this man- ner, I will Dot hear you, and I will direct the registrar to record the judgment of the court."] u I complain of the proceedings." [Sir Herbert Jenner Fust: "It is too late to complain of the proceedings: you have admitted the facts."] " I admitted the facts because I was sensible there was a prede- termination — " Sir Herbert Jenner Fust: " I cannot hear this. Let the Rev. William Henry Hens- lowe be suspended from his ministry for the space of three months; and I further con- demn him in the costs of the proceedings." Judgment of Sir Herbert Jenner Fust, in Titchmarsh v. 'Chapman. In the office of the judge promoted by Titchmarsh v. Chapman, (3 Curt. 840.,) it was held, that a child baptized with water in the name of the Holy Trinity, by a person alleged to be in heresy or schism with the church of England, is not unbaptized within the meaning of the rubric for the burial ser- vice, in the Book of Common Prayer; Sir Herbert Jenner Fust observing: "The ques- tion before the court in the present case, respects the admissibility of an allegation, which is offered on behalf of the Rev. W. H. Chapman, the party cited in this cause, which is a cause of office, for refusing to bury the corpse of a child brought to the churchyard, of which he is the vicar, and of whose in- terment due notice is alleged to have been given. "The question comes before this court by virtue of letters of request from the bishop of the diocese of Ely, within whose diocese the party cited holds preferment. The cita- tion in the cause was returned on the fourth session of Easter term in the last year, and an appearance was given to that citation, but under protest ; that protest was extended in acts of court, for the reasons therein set forth, and pressed in argument; the court was of opinion, that the protest could not be sustained, and accordingly overruled it; a prohibition was then applied for and refused, upon which an absolute appearance was given for the party cited; a libel setting forth the charge against the party cited, was brought in and admitted; a negative issue was given to the articles; witnesses were examined, and publication prayed ; and this allegation is now offered by way of defence to the charge brought against this reverend gentleman. "The substance of the defence is, that this child was unbaptized within the true meaning of that term, as used in the ru- bric for the burial service, it being alleged in the articles, and not denied, that the child was baptized by a minister of that class of protestant dissenters termed Independents, according to the form used by them, that is, with water, in the name of the Father, the Son, and the Holy Ghost; and it is pleaded, on behalf of the Rev. Mr. Chapman, that such baptism is schismatical and heretical, and such as not to entitle the corpse of this child to have the burial service read over it. " I had hoped, that after the late case of Mastin v. Escott, (2 Curt. 692,) after the sentence in this court, and the affirmance of that sentence in the superior court, this question was set at rest, and that no fur- ther resistance would have been offered to what was declared, both by this court and STATUTA VICTORIA. A.D. 1837—1844 2033 by the court above, to be the law on this question. This court is bound, upon proper application made, to enforce the law; this court has no discretion whether or not it will entertain a suit of this description, which is clearly within its jurisdiction, neither can it refuse to proceed to pronounce sentence when the suit is before it. "It is now contended, that this question is not concluded by what took place in Mas- tin v. Escott; and it is said, that it was only decided in that case, that an infant, who had been baptized by a Wesleyan mini- ster, in the name of the Trinity, was not unbaptized; and that the rubric which de- clares, that the burial service shall not be read over persons who die unbaptized, did not apply to such case. Certainly, in Mas- tin v. Escott, nothing did turn on the sug- gestion of heresy or schism; the defect in the baptism, as there alleged, was the want of holy orders in the person who had per- formed that ceremony. In the present case this question has been directly raised ; it is distinctly averred, that this baptism was, and is, heretical, having been performed by a person not qualified to administer the rite of baptism. The court may here say, that in Mastin v. Escott, both in this court and in the superior court, the question was stated to be confined to this point, whe- ther baptism could be duly administered by a Wesleyan minister ; nothing turned on the question of heresy or schism; the case was so stated by the learned lord who delivered the judgment of the court above. The dis- tinction does arise in the present case, and the question is directly raised, whether or no baptism of this description, pleaded to be heretical and schismatical, is invalid bap- tism, so as to take this case out of that deci- sion in Mastin v. Escott. Now, although it is perfectly true there has been no abso- lute, decision on the point, for it has not as yet been distinctly raised, and courts of law never determine more than the question raised before them; yet undoubtedly the greater part of the argument in Mastin v. Escott turned on the question, whether schismatical or heretical baptism was or was not valid; it was part of the object of the party there cited, to show that the bap- tism in that case was heretical and schisma- tical, and not simply lay baptism, and the arguments were founded principally on its being heretical and schismatical; and, al- though, as I have said, it was not necessary in that case to decide, whether schismatical and heretical baptism was valid, or invalid, the arguments were principally directed to that point. It is not, however, necessary to enter into the arguments which were so elaborately urged on the court in that case ; I have stated that they principally turned on this point; reference was made to the dif- ferent opinions entertained in the primitive church as to the validity of such baptism : the authority of Tertullian was cited in sup- port of that baptism, and the opinions of St. Cyprian, Firmilian, and writers in the second and third centuries, in opposition to it. Again, reference was made to the coun- cil of Aries, to the opinion of St. Austin, and to the general opinion in favour of that Stat. 3 & 4 proposition; also to the opinions of the East- Vict. c. 80. em and Western churches, and to the prac- tice down to the time of the Reformation, and thence to the present time. " The strength of the arguments certainly turned on the point, whether schismatical or heretical baptism was or was not valid. It does appear to me, therefore, that this pre- sent question is reduced to a narrow com- pass, and I say so at the present time, be- cause I find, in the seventh article of this allegation, that the validity of lay baptism seems hardly to be brought in question. Now, the seventh article is to this effect: 1 That by the practice and usage of the pri- mitive church, and the laws, canons, and constitutions of the church of England, any persons, whether infants or adults, baptized in the name of the Father, and the Son, and the Holy Ghost, by heretics, could not be admitted into the church, or allowed to par- take of her privileges, until they had by themselves, or by their sponsors, sought for such admission, according to the form di- rected by the church, although it might not be essential to reiterate v the sacrament of baptism.' This article does appear to me to admit the whole question of the validity of lay baptism; all that it says is this, that, by the canons and constitutions of the church of England, persons so baptized could not be admitted into the church, until by themselves or their sponsors they had sought for such admission, according to the form prescribed by the church. It therefore seems to me, that it would be utterly superfluous to enter into a discussion of the authorities, cited on the one side and on the other, for the sole purpose of determining, whether this baptism is valid or not, when it is not contended, that this baptism is invalid in itself. It is not said, that such baptism is null and void, so that the question is, whether baptism, so conferred, entitles the party recipient to have the burial service of the church read over his corpse, when it is duly brought to the church- yard for interment. The court, therefore, is relieved from the necessity of entering into that first diseussion. Now, although this case has remained long undetermined, that has arisen from inevitable circumstances, [the indisposition of the judge,] and not from any doubt which the court has entertained with respect to the law of this case ; and it being not now questioned, that baptism, by heretics or laymen, is a valid baptism, and need not to be reiterated, (indeed, one of the authorities cited by the learned counsel who support this allegation, went to shew that such baptism need not be repeated;) and this surely was acknowledging it to be valid in itself; and if so, even although received at the hands of persons who disbelieve in the doctrine of the Trinity, the recipient cannot be said to die unbaptized. 1 1 There cannot then be any doubt in the mind of the court, as to what must be the fate of this case, when, as I have shewn, the baptism itself is admitted to be valid; and the only doubt I feel, is, whether this alle- gation ought not to be admitted for the pur- pose of allowing the question to go up to the 6 0 2034 STATUTA VICTORLE. A.D. 1837—1844. St\t. 3 & 4 Privy Council, in order to be discussed before Vict. c. 86. the highest tribunal. This court would be very much inclined to pursue the course which it adopted in the case of Mastin v. Escott, namely, to admit the allegation, for the purpose of enabling the parties, if so inclined, to take the opinion of the supe- rior court. But if the parties wish to take a higher opinion upon the admissibility of this allegation, they can apply for leave to appeal from its rejection; for, that it must be rejected, is the opinion to which the court has arrived. The court would be unwilling to exercise the discretion reposed in it by the act of the 3 & 4 Vict. (c. 86, s. 13), by re- fusing leave to appeal, because I apprehend, if the court were to reject this allegation, and refuse leave to appeal, the rejection would be final. "In a case, which is supposed to involve a most important question between protest- ant dissenters and members of the established church, the court would be unwilling to exercise that discretion by refusing leave to appeal. " I will now state the grounds upon which I have come to the determination to reject this allegation. The whole question seems to me to have been determined, in Mastin v. Escott, in favour of the validity of this baptism; because, if baptism conferred by a heretic is so far a valid baptism, that it need not be repeated, then the whole case seems to come to this, that being a valid baptism, the child cannot be said to have died unbaptized. It is clear, that a child baptized by a layman is not unbaptized with- in the meaning of the rubric for the burial service, and if so, I cannot understand what is the distinction between the two cases. If once it be admitted, that this baptism is so far valid that it need not be repeated, I con- fess I cannot see the reason why, in the one case, the child is to receive the offices of the church, and to have the burial service read over it, and in the other case, should not be so entitled. Neither child can be said to die unbaptized, and it is only where the person is unbaptized, that the service for the dead is not to be read over the body. Both lay and heretical baptism are contrary to the orders of the church, but both are valid, and if valid, entitle the recipients, in either case, to the privileges conferred by valid baptism, whatever those privileges may be. In both cases the child would seem to be, in the words of the rubric, sufficiently baptized, — and I use the word 'sufficiently'' advisedly, and in the sense in which it is used in the rubric. It was not a word for the first time introduced in the former case by this court ; the word will be found in the first rubric, (Edward 6, A.D. 1549,) and the word has been continued and used in the rubric for the present form of baptism. In both instances, it is declared, that a child so baptized, (in the case of a layman, it has been already decided, and, as 1 consider, by a heretic also,) is suf- ficiently baptized, according to the use made of that word in the rubric, to which meaning the court is confined in this case. " To what extent such baptism goes is not for this court to determine ; whether it does or does not confer spiritual grace, the court does not offer any opinion upon; all which the court declares, is, that the child was not unbaptized, need not be baptized again, and, if not unbaptized, that the minister was not justified in refusing to read the burial service over it. It has been contended, that there are other means besides baptism by which this child must be qualified to be admitted into the body of the church, and admitted to partake of the privileges of the church. What these other means are, I have not yet heard ; I suppose the imposition of hands by the bishop at confirmation. I inquired during the argument, and I could not find that there were any means by which this child could be admitted into the church of England except by confirmation by the bishop after it had arrived at years of discretion; and I now assume, that this is the ceremony which is requisite to entitle it to that right. How, then, does this baptism differ from the most solemn and formal mode of baptism ? No child can be admitted to partake of the holy communion until it has been confirmed; no child can be presented to the bishop to be confirmed until he or she has arrived at years of discretion, and is able to say the creed, the ten commandments, and answer the questions of the catechism of the church; it is not until a child can do this that the bishop is to con- firm it. No recipient of the most regular baptism is admitted to partake of the holy communion until confirmed, or desirous of being confirmed. Then, this baptism being so far valid that it need not be repeated, this very child, if it had arrived at years of dis- cretion, would have been entitled to claim to partake of that rite, qualified by conforming to the orders of the church. It is also quite clear, that no person is entitled to have the order of confirmation administered to him, unless previously baptized ; the mere impo- sition of hands will avail nothing without a previous baptism. There is nothing to be confirmed, unless there has been a valid pre- ceding baptism. It seems to me, therefore, that the case of this child is precisely the same, so far as the rites of the church are concerned, as in the case of the most solemn form of baptism, because, it is quite clear, that a party is admitted into the church by baptism, and not by imposition of hands. There may be deficiencies in that admission which may be afterwards supplied, but those deficiencies do not arise from the inward de- fect of that baptism, either in the case of the most regular or irregular baptism. " Therefore, it does appear to me, upon these grounds, unless there be something in the allegation which can be said to constitute a valid defence for refusing to bury this child ; I mean refusing the offices of the church, and the benefits conferred by the offices of the church, whatever they be, that this question has been determined by what took place in Mastin v. Escott, and by the admission of the principle, that this is so far a valid baptism, that it need not be repeated. It is quite impossible, that this child, by sins of commission or omission, can have forfeited the right to these offices, for the child died shortly after its birth; at least, so far as this STATUTA VICTORIA. A.U. 1837—1844. 2035 child is concerned, it could not be by any fault of its own, that it did not obtain the ulterior rite of imposition of hands, for that can only be obtained by an adult having knowledge of the creed, the ten command- ments, and the church catechism. The ques- tion, as it appears to me, is not whether this child was admitted into the church of Eng- land, but whether it was admitted into the church of Christ ? ' God forbid,' said Dr. Phillimore, in arguing this case, ' that I should say, this child was not a Christian,' having received the rite of baptism. "Unless, therefore, there be something in the articles of this allegation which can in form or substance constitute a defence to this charge, or prevent the party being con- demned in costs, the court will reject the allegation." " . . . . The court has now gone through the different articles of this allegation; and is of opinion, that no advantage could accrue to the party cited by admitting them, or any part of them ; they do not appear to the court to constitute any defence to, or any extenua- tion of, the offence charged to have been com- mitted by this gentleman against the law which makes it imperative on him to perform the burial service over a parishioner who dies not unbaptized. " It has been held that a person, not a member of the church, may administer valid baptism, and if the baptism be valid, this child was not unbaptized. This child had no opportunity of supplying any defect in that baptism ; for, by its death before arriv- ing at years of discretion, it could not have desired or received the benefit to be derived by imposition of hands. No crime can be imputed to this child, as not having sought to supply this deficiency ; and the fair presump- tion is, that had it arrived at years of discre- tion, any deficiency would have been sup- plied. "I am of opinion that, even if I admitted this allegation, I should not in any manner benefit the party proceeded against; indeed, I think I am doing good to the party by arriving at the conclusion to reject it. I am saving him from great expense and intermi- nable delay. I therefore reject this allega- tion, but, as it is stated, that no case has occurred precisely of this description, if the party shall be advised to apply for leave to appeal, I shall not refuse leave. " The case will stand over until next court day, to ascertain whether the party shall wish, or shall be advised to appeal." [The rejection of the allegation was not appealed from.] VI. Quarrelling, Chiding, and Brawling. Judgment of Sir Herbert Jenner Fust, in the office of the Judge promoted by Bur- der r. Langley. The office of the judge promoted by Bnrder v. Langley, (1 Eccles. Notes of Cases, 541,) was a proceeding by letters of request from the Bishop of Oxford, under Stat. 3 & 4 Vict, c. 86, at the voluntary promotion of Mr. John Burder against the Rev. William Hawkes Langley, M.A., perpetual curate of Stat. 3 & 4 Wheatley, in the county and diocese of Ox- Vict. c. 86. ford, for quarrelling, chiding, and brawling by words, in the parish church of Wheatley. The articles pleaded as follows : — L The Stat. 5 & 6 Edw. 6, c. 4, and the laws, statutes, canons, and constitutions of the church. 2 & 3. That the defendant was a clerk in holy orders of the church of Eng- land. 4. That on Sunday, the 9th May, 1841, whilst he was in the performance of divine offices in the church of the perpetual curacy, shortly before the conclusion of the litany, after the response immediately follow- ing the prayer beginning, " O God, merciful Father," he made a short pause, and instead of proceeding with the service, being wholly regardless of the sacredness of the place and of his own duty in the performance of the divine office, he, in a chiding, quarrelsome, and brawling manner, addressing the congre- gation then and there present, said, "You were, perhaps, surprised at the pause I made at the end of the prayer, but it reminded me of my enemies. I have this morning received a letter from the archdeacon, offering some clergyman to do my duty for me; some one in the congregation has had the audacity to write to the archdeacon on the subject. Who has had the audacity to do this ? Is it a Puseyite, who wants to introduce popery into the parish? I will, however, take care they never shall, as I will do my duty myself. I have preached the gospel, and delivered my own soul, whether the people will hear, or whether they will forbear. Some one has committed perjury against me in an affidavit made before Mr. Ashurst; but he waited till the witnesses were dead, so that he could not be punished for his perjury. Another of my enemies has written a letter to the bishop, full of falsehoods, to take my poor old un- cle's living away ; one of them has been to a dear old friend of mine, the only dear friend I have at Oxford, driving falsehoods into his ears, in order to set him against me. I have been charged with adultery; but the fact is, that, one night, as I was coming from my tenant's at Lobb Farm, I saw a drunken man ill-treating his wife, and I interfered for her protection; for my being a clergyman did not prevent my acting with humanity towards a female under such circumstances. The man told me I might be damned : what was it to me? what had I to do with it? He then struck me ; but the Lord gave me power, and I knocked the man down," at the same time using the action of striking with his fist, in illustration of the manner in which he struck the said man ; that he then proceeded to say, " If any man can prove me an adul- terer, I will have my head cut off and forfeit it, and I have before mentioned this circum- stance to the bishop;" adding, " I pray for my enemies, and forgive them, and hope they will repent." That during the delivery of this address, he was in a very excited and impassioned state, and frequently struck the reading-desk and the books thereon, in a very violent manner, with his clenched fist, and by such improper and incorrect conduct, gave great offence to the congregation then assembled in the church, and reflected scan- 6 0 2 2036 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 dal and disgrace on his sacred profession. Vict. c. 86. 5. That the defendant proceeded with the service until after the response immediately succeeding the ninth commandment, when, instead of proceeding with the tenth, he, in a chiding, quarrelsome, and brawling manner, addressed the congregation, and after advert- ing to that part of his former address relating to the persons therein stated to have given information to the archdeacon, proceeded to say, "One of my enemies in the parish has had four bastards, all the children of one man by one woman; the bastards are dead, the woman is dead; all dead, dead; gone, gone out of the way." That he then adverted to her majesty's ministers, and the proposed alterations in the corn laws, and declared that the ministers deserved praise for enabling every one to worship God according to their own conscience, and for wishing to give to every man a cheap loaf; that all who had votes would soon be called upon to give them, and urged them to give them in favour of the then ministers, and added, " God bless the present government; I have been attacked on account of being engaged in their service ; I forgive my enemies, and hope they will repent:" that by such his irreverent and im- proper conduct, he gave great offence to the congregation, and reflected scandal and dis- grace upon his sacred profession. 6. That for such offence the defendant ought to be canonically and duly corrected and punished. 7. Pleaded the act 3 & 4 Vict. c. 86. These articles were admitted, though op- posed by the defendant in person. Sir Herbert Jenner Fust observed: "Mr. Langley has attempted to justify himself on the ground that what he did was ' asking the prayers of the congregation.' That he did ask the prayers of the congregation, some of the witnesses admit. But how? At the conclusion of an excited and improper ad- dress, unsuited to the place or the occasion. Instead of expressing contrition, he seems to glory in the act, and contends that he has a right to repeat it. But he should consider, if he has no regard for his own character, the character of the place, and not make an indi- vidual the subject of remark, in the face of the parish, where he could not justify him- self without being guilty of an offence. As Lord Stowell has said, 'The church is not the place where private quarrels are to be carried on, and it is no justification that there was misconduct on the other side, which might give the first provocation — the church not being a place where human infir- mity can be pleaded to justify violent and indecent conduct, however produced.' And when Mr. Langley urges that, in Cox v. Goodday, (2 Consist. 138,) Lord Stowell said that a case might arise which would jus- tify the officiating minister in addressing a congregation , 'as far as was necessary to remove an obstruction to the public service,' this is not such a case, namely, where, during the performance of divine service, something calls for immediate interference, to prevent indecent conduct in the church. Mr. Lang- ley is, therefore, without any excuse of sud- den provocation, and the asking for the prayers of the congregation, after the address had been brought to a conclusion, was a mere pretence. "Then it is objected, that these proceed- ings have been instituted by the secretary of the bishop. I suppose they have been insti- tuted by the bishop's directions, and it is better, that the bishop should not be himself the promoter of the judge's office ; indeed, I am not aware that, under the act, the bishop could be the promoter. The bishop is loaded with obloquy by Mr. Langley on ac- count of his taking part in these proceedings. I can only say that, if the bishop had passed over Mr. Langley's conduct, he would not have properly discharged the duties of his high office. It is his duty to prevent any irreverent conduct by a minister during the performance of divine service, and more par- ticularly by one who is under his immediate notice. I cannot but look at Mr. Langley's defence as a very great aggravation of the grave and serious offence of which he is guilty, and I cannot help observing, that the extraordinary course he has adopted, of bringing forward accusations against others, is not only a great aggravation of his offence, but a melancholy exhibition of himself, not- withstanding the caution which the court gave him, in a spirit of kindness. " I am clearly of opinion, on a full consi- deration of the evidence, that the charge is abundantly proved, and the offence clearly and indisputably substantiated against Mr. Langley. There is only one other conside- ration— that is, what punishment is called for by the law for what has been properly described by the learned counsel as one of the worst cases of chiding and brawling which have ever come to the notice of the court. "The proceedings have been instituted under the 5 & 6 Edw. 6, and not under the general ecclesiastical law, and the punish- ment which the court is prayed to inflict is that of suspension. What was the punish- ment assigned to the offence in former times by the general ecclesiastical law, it is not very easy to ascertain. In Hutching v. Denziloe, (1 Consist. 181,) Lord Stowell says that, by the ancient ecclesiastical law, for such an offence, the benefice of an offend- ing minister might be sequestrated — whether for one offence, or for a repetition of the offence, is not stated; I cannot find that there was a sequestration of the living for one offence. I am therefore called to assign a punishment under the statute, whereby the punishment in such a case of a clerk in holy orders is suspension from the ministration of his office ' for so long a time as the ordinary shall think fit, according to the fault.' The amount of punishment is thus left to the dis- cretion of the court, and I am of opinion that, in this case, the court is bound to pro- nounce a sentence that shall carry with it the effect of showing its sense of the seri- ousness and gravity of the offence, and the court is of opinion that it will not exceed a due measure of justice if it pronounce that Mr. Langley has committed an offence which calls for the punishment of suspension from his office for a period of eight calendar months from the time when such suspension STATUTA VICTORLE. A.D. 1837—1844. 2037 shall be published and notified in the parish of Wheatley. "The court has been pressed not to allow the suspension to be removed till Mr. Lang- ley shall produce a certificate of good beha- viour during the period of suspension. But I have not been able to find any precedent for requiring a certificate of good behaviour in a proceeding of this description. In a proceeding for drunkenness, where the party, a minister in holy orders, with a benefice, has been suspended, a certificate has been required, {Burder v. Speer, 1 Eccles. Notes of Cases, 63,) as a proof of the conduct of the party : but Dicks v. Haddesford, (1 Add. 298,) was the first instance of a certificate being required even in such a case, and I consider that it would be extremely difficult to draw up a certificate with reference to the offence of chiding and brawling, embodying within itself the requisite qualifications to enable Mr. Langley to show in what manner he had conducted himself in this particular. I can understand that, in cases of immo- rality and habitual drunkenness, a certificate may be proper, to show that the party has abstained from such conduct ; but in a case of chiding and brawling, I do not see how a certificate could be framed so as to show that the party had not committed the same offence. And, independently of this, the punishment in this case is prescribed by the statute, and I do not know that the court is at liberty to add to it by requiring a certi- ficate of good behaviour during the time of suspension. I should have great doubt and difficulty in saying that the court has the power to require such a certificate, and as there is no precedent for it, I confine the sentence to what the law prescribes, and I direct the suspension to be signified on Sun- day next, the 3rd of July. I further am bound to condemn Mr. Langley in the costs occasioned by these proceedings, and I am afraid they will fall heavily upon him ; but the court has no means of relieving him from them. I endeavoured, as far as I could, to acquaint Mr. Langley with the na- ture of the offence charged against him, and to convince him of the propriety, if he was guilty, (as it has turned out he was,) of ad- mitting the charge, and not rendering it necessary that the articles should go to proof; but Mr. Langley saw fit to take another course, and has brought this expense upon himself by the manner in which he has (I will not say defended himself, but) con- ducted his own cause, whereby the promoter must have incurred considerable expense. If Mr. Langley, after the intimation from the court, had, on the admission of the arti- cles, given an affirmative issue, the expense would have been slight, and the suspension much less than must now be imposed for the sake of example, for the conduct pursued by Mr. Langley has induced the court to make the suspension continue for a longer period. "I pronounce that Mr. Langley has in- curred suspension for eight calendar months from the day (including the day) when the sentence is notified ; I monish him to abstain from such conduct in future, and I condemn him in the costs." VII. Drunkenness, Indecent Conduct, » Demeanour, and Language. Judgment of Sir Herbert Jenner, in the of- fice of the Judge promoted by Burder v. Speer. The case of the office of the judge promoted by Burder x. Speer, (1 Eccles. Notes of Cases, 39,) was a cause of office promoted by Mr. John Burder, secretary to the Bishop of Winchester, against the Reverend Wilfred Speer, perpetual curate of Thames Ditton, Surrey, " for being an habitual drunkard, and for having been repeatedly guilty of the crime of drunkenness, and also for having been frequently guilty of indecent conduct, demeanour, and language, in the church of the perpetual curacy, as well in and during the performance of divine offices and services in the church as before and after the perform- ance of such divine services and offices. The suit was brought by letters of request from the commissary of the Bishop of Winchester. This case involved no subtle principles of law, but was merely a question of evidence, viz. , whether the defendant was guilty of drunkenness or not. Sir Herbert Jenner, inter alia, observed, " Upon the whole of the case, I am clearly of opinion that the evidence is sufficient to establish the charges made against Mr. Speer; that if he is not proved to have been, in the strict sense of the term, an habitual drunk- ard, he is proved to have been frequently guilty of the crime of drunkenness, and it is not necessary that every article should be proved to its full extent; it is quite sufficient if the ecclesiastical offence is made out dis- tinctly by the evidence taken upon the arti- cles. I am also clearly of opinion, that Mr. Speer is fully proved to have been rendered incapable, from the effect of liquor, of per- forming the duty of the parish church in a proper and seemly manner, and further, that he has gone the length of performing it in an indecent and irreverent manner, and that the natural consequence has been, the withdrawal of several of the parishioners from attendance at their parish church; and I think if some steps had not been taken to check his pro- ceedings, they must have led to its entire desertion. It is, therefore, due to the at- tendants at the church, that the court should pronounce a sentence that shall have the effect of preventing the recurrence of these improper proceedings and exhibitions, and give this gentleman an opportunity to amend his conduct. " Before I proceed to pronounce that sen- tence, I will notice certain interrogatories (upon which the court has been called upon to pronounce its opinion) administered to some of the witnesses examined upon the articles. The object with which I refer to these interrogatories is to point out the im- propriety of imputing to witnesses of highly respectable character the charges to which I have adverted, namely, of acting from ma- lice and private revenge, and of entering into a conspiracy against this gentleman, and at- tempting to support such proceeding by evi- dence which is false; in fact, of having brought forward these unfounded accusations to as- 2038 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 perse his character. Now, I repeat, that a Vict. c. 86. more improbable case of conspiracy can hardly be imagined. I am not prepared to say, that it is not open to a party, if he choose, to im- pute malice, and resentment, and spite, to individuals by whom he suggests that he is persecuted. I have great difficulty in saying that the court ought to prescribe any rule by which counsel should be governed in settling interrogatories, upon such suggestions from their clients, fortified by their strong asseve- rations of innocence. I feel great difficulty in saying what is the course which should be pursued, as the court cannot know what the individual circumstances of the case may be, and it must, I am afraid, be left, in each case, to the discretion of counsel — that discretion which they are bound to exercise for the ad- vantage of their client, as well as with respect to the general interests of society. I must leave it to the good taste and discretion of counsel in what cases they will be justified in imputing to witnesses improper motives towards individuals. This court has not the means of stopping counsel in adminis- tering interrogatories, as in a court of law, where questions are put viv& voce, and where probable proof of a conspiracy if it exist, may be obtained at the moment. I can only say, that I disapprove of the nature of the interrogatories in this case, because I see that they are without a shadow of foundation in fact. What can I say, but that counsel should not lend themselves to attacks upon witnesses, by means of interro- gatories which impute improper motives to them, of which there is no proof? I can only express my disapprobation of such interroga- tories when they are brought to my notice, and from the facts before me, I have seen in this case, with great regret, that, from assurances given to counsel of innocence of the charges imputed to their client — for they must have been grounded upon those un- founded assurances, and upon statements that there were grounds for imputing the charges to spite and malice — the counsel have been induced to sign these interrogatories. I can- not lay down any rule; I can only express my hope that counsel will govern themselves by what they consider right, for I can assure counsel on both sides, that they can produce no other effect upon my mind than a preju- dice against the person by whom these inter- rogatories are administered, provided they do not show that the persons to whom they are addressed have been actuated by improper motives. Whenever a case is made to depend upon charges of conspiracy, perjury, and subornation of perjury, against a number of individuals, whether in high or low life, it always creates a suspicion in the mind of the court, that that case has no substance or foundation. I can say no more upon this subject, than to express a hope that counsel will abstain, as far as they possibly can, from putting interrogatories which in substance or language they may consider as conveying imputations upon individuals, in whatever situation those individuals may be. " With respect to the sentence, I have en- deavoured to find, if possible, any circum- stances which might justify the court in pass- ing one less severe than that which it has been accustomed to pass in cases of this descrip- tion. I have considered whether there is anything from which the court can suppose that this gentleman has shown any symptoms of contrition ; but, unfortunately, I am bound to say that the circumstances show no ground of mitigation. From beginning to end, he has denied the charges; and it. is suggested that they are founded in malice, and therefore there is nothing of which he has to repent; as no fault has been committed by him, there is nothing for which he is to express contri- tion. I am bound, therefore, to pronounce that sentence which the court has been in the habit of doing in cases of this kind, — such a sentence as will give the party opportunity of amendment, — namely, suspension for three years. The party will therefore be suspended officially and beneficially for three years, and, as is the usual course, until he produces a certificate, from three beneficed clergymen, that he has been of good conduct during that time; and, as a necessary consequence, I am under the necessity of condemning him in the costs incurred in these proceedings." Precedent of a Judgment for Drunkenness and Lewdness. The following is a precedent of a judgment for drunkenness and lewdness [ex relat. the Bishop of Lincoln] : " In the name of God, Amen. We, John, by divine permission Bishop of Lincoln, having pursuant to the provisions of an act of parliament passed in the third and fourth years of the reign of her present majesty Queen Victoria, intituled, 'An Act for better enforcing Church Discipline,' of our own mere motion appointed certain commission- ers for the purpose of making inquiry as to the grounds of certain scandal and evil re- port existing concerning the Reverend A.B., within our diocese and juris- diction, for having offended against the laws ecclesiastical, by having committed the crimes of drunkenness and lewdness, for that he, on the day of last, at was in a state of intoxication, and in the company of a common prostitute ; and also that on the day of at he was found in in a state of intoxication ; and also that on the day of at he was in a brothel house there; and also that on the day of in the year of our Lord one thousand eight hundred and he was intoxicated while performing divine service in the parish church of aforesaid: and we having received the report of of the said commissioners, that after full in- quiry made according to the directions of the statute, they are unanimously of opi- nion that there are sufficient prima facie grounds for instituting further proceedings against the said and having received the consent in writing of the said to our pronouncing, without any further proceeding, such sentence in this case as we shall think fit, and having our- selves carefully examined and compared the depositions of the witnesses taken before our STATUTA VICTORIA. A.D. 1837—1844. 2039 said commissioners, we do hereby pronounce, declare, and adjudge, that the charges brought against the said of drunkenness and lewdness are proved, and that he be sus- pended for the space of from per- forming any services of the church within our diocese, and from all profits of the said benefice of and from taking and receiving the fruits, tithes, rents, and other ecclesiastical dues and emoluments whatsoever belonging thereto (such suspen- sion to commence from the publication of these presents), and we accordingly do sus- pend the said and do condemn him in the costs of these proceedings; and do further pronounce and do decree, that at the expiration of the said the said shall exhibit to and leave with us a certificate under the hands of three clergymen, of his good behaviour and morals during the time of his said suspension, and the said certificate be approved of by us be- fore such suspension be relaxed : and we do also decree a sequestration of all and singular the profits, tithes, rents, and other eccle- siastical dues and emoluments whatsoever of the said benefice, to issue in the accustomed form, under seal of our episcopal court; and we do direct and enjoin the churchwar- dens of the parish of aforesaid, jointly and severally, to publish these pre- sents by affixing or causing to be affixed a true copy thereof (the said original sentence being first shown to them or some of them) upon the principal door of the parish church of aforesaid, and that the said copies of the said sentence remain so affixed upon three several Sundays next following the date of these presents, and be then depo- sited in the parish chest, or chests belonging to the said benefice or parish: and we do further direct, that these presents shall be exhibited to the said and that a true copy of the same be left with him, and that the said original, with all other proceedings relating thereto, be deposited in the registry of our episcopal court aforesaid. Given under our hand and episcopal seal the day of in the year of our Lord one thousand eight hun- dred and ' and in the year of our translation." VIII. Depraving of the Book of Com- mon Prayer. Judgment of Sir Herbert Jenner Fust in Sanders v. Head. The office of the judge promoted by San- den v. Head, (3 Curt. 570,) was a proceed- ing by articles against the Reverend Henry Erskine Head, a clerk in holy orders of the united church of England and Ireland, rec- tor of the rectory and parish church of Feni- ton, in the county of Devon, in the diocese of Exeter, and in the province of Canter- bury. This proceeding was commenced in the court of Arches, in virtue of letters of request from the Bishop of Exeter, which had been presented under Stat. 3 & 4 Vict, c. 86. On these letters being presented and accepted, a decree issued from the Arches court on the 14th of November, 1841, calling on Mr. Head to answer to certain articles, Stat. 3 & 4 heads, positions, or interrogatories to be ad- Vict. c. 86. ministered to him touching and concerning his soul's health, and the lawful correction and reformation of his manners and excesses ; and more especially for having offended a- gainst the laws, statutes, constitutions, and canons ecclesiastical of the realm, by having written and published, or caused to be pub- lished, in a certain newspaper called " The Western Times," a letter, entitled "A View of the Duplicity of the present System of Episcopal Ministration, in a Letter addressed to the Parishioners of Feniton, Devon, occa- sioned by the Bishop of Exeter's Circular on Confirmation, by Henry Erskine Head, A.M. Rector of Feniton, Devon;" in which letter it was openly affirmed and maintained, that the Catechism and the Order of Confirmation, in the Book of Common Prayer, contained erroneous and strange doctrine; and where- in was also openly affirmed and maintained other positions in derogation and depraving of the said Book of Common Prayer, con- trary to the said laws, statutes, constitutions, and canons ecclesiastical of the realm, and against the peace and unity of the church. The letter upon which the foregoing arti- cles were founded contained, among others, the following passages : "The only plea which can shield our pre- lates from the charge of intentional dupli- city, is, that they really are not aware of the unscripturalness and mischievousness of those dogmas, with which they incumber themselves and us. Ignorance of Scripture is that, which is to be attributed to their lordships on a principle of mere charity. Hence their unreadiness to do that which j they promise to be ready to do; hence their | unwillingness to reform, or, (at least so far ] as their own ministrations are concerned,) to rectify or avoid the serious error which the confirmation service contains. Hence their reckless, ruthless, and inconsistent recom- * mendations, to the public and to the clergy, of doctrine which is erroneous, strange, and contrary to God's word. The episcopal cir- cular, which I have now received, is a clear specimen of a system of duplicity by which their lordships, the bishops, have long been deceived, and are now perhaps more exten- sively than ever deceiving the public." "As reformation in this respect is not hopeless, and as I also am pledged, by my ordination vows, as a minister of the church of England, to banish and drive away all erroneous doctrine, I do hereby decline and refuse to give any countenance whatever to the office of confirmation, as it is now used by their lordships, the bishops ; and, instead of recommending, in compliance with the episcopal circular, the perusal and re-perusal of that service to the young persons of this parish, I warn them all, young, old, and middle aged, to beware, in the name of God, of the erroneous and strange doctrine which it contains." "It will be said, that for this, I deserve to be turned out of the church ; are all cler- gymen then to be turned out of the minis- try who disseut from certain points in the Prayer Book ? In this case, every body will 2040 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 be turned out of the ministry, and then Vict. c. 86. nobody will remain in the ministry; shew me the works of any churchman within the last four centuries, and I will undertake to convict him of inconsistency with the Prayer Book. It is a fact, that there is no bishop or clergyman in England, in Ireland, or in the colonies, who does not sin against the Prayer Book in one point or another. It is also a fact that the Prayer Book sins against itself; some parts of it are at variance with other parts; the fourth, sixth, eighth, and thirty - sixth canons are repugnant to the first and third ordination vows. Some of the dogmas in the Catechism, Confirmation and Bap- tismal Services, are utterly inconsistent with the doctrines contained in the eleventh, twelfth, thirteenth, and seventeenth Arti- cles." Sir Herbert Jenner Fust, in giving judg- ment, stated, " .... It is no part of the province of this court to determine, whether the Book of Common Prayer does contain erroneous doctrine; it is sufficient for this court that it is the book which is to be used by the clergy as prescribed by the law of the land : the question is, are the words used in Mr. Head's letter derogatory and in depravation of that book?" .... Caudrey's case, (5 Co. 1,) "is a direct and positive recognition of the power of the ecclesias- tical court to punish, by ecclesiastical cen- sures, or by deprivation, any person offending against the unity of the church. There is, as has been shown, in the act of Elizabeth, a direct recognition or preservation of the power of the ecclesiastical court; and, by the subsequent act of the 13th & 14th Car. 2, there is also a regular recognition of the power and authority of the eccleciastical court, for the preservation of the peace, and unity of the church. " Can the court, then, for one moment, doubt that Mr. Head is within the jurisdic- tion of this court, and amenable to his dio- cesan for disobedience to his ordination vow, as also, that he is punishable for such dis- obedience by ecclesiastical censures ; can the power of the court to suspend Mr. Head be doubted ? I have no doubt whatever, either as to the jurisdiction of this court, or that Mr. Head has brought himself within the jurisdiction : indeed, I feel no doubt that Mr. Head is clearly within the provisions of the statute of Elizabeth; but, under the general ecclesiastical law, Mr. Head is punishable for publishing this letter, of which he openly avows himself the author. ' 1 1 therefore have no hesitation in pro- nouncing the articles proved ; the remaining question is, what is the punishment the court shall pronounce against Mr. Head, a minister in holy orders, and a beneficed clergyman? Now, I have referred to one part of the statute of Charles 2 (sect. 6), by which Mr. Head, when he took posses- sion of his living, must, within two months, have read the morning and evening prayers, appointed to be read by, and according to, the said Book of Common Prayer, and openly and publicly declared his unfeigned assent and consent to the use of all things therein contained; or, ipso facto, have been deprived of his said ecclesiastical benefice and promotion : I have also referred to the 36th Canon, relating to the subscription to be made by such as are to be made mi- nisters. This is absolutely necessary to be done by every candidate for holy orders, to subscribe before he can be admitted into the ministry, or obtain possession of a living. "I therefore think Mr. Head has incurred the extreme sentence of this court, and that the court would be justified in pronouncing against him a sentence of deprivation. If Mr. Head could not have obtained posses- sion of his living, without assenting or con- senting to the use of all things contained in the Book of Common Prayer, he cannot complain if, by the sentence of this court, he is placed in precisely the same situation as if he had not, within two months, conformed to the provisions of the statute, and if he had not done so, he would, ipso facto, have been deprived; it would not, therefore, as I have before said, be a very harsh exercise of the power of the court to impose that penalty on Mr. Head, to which he was lia- ble, if he had not made the declaration of conformity, according to the statute. The court, however, is not disposed to go to the full extent of its power ; not from anything that exists in extenuation of Mr. Head's offence, for nothing can be more offensive than the way in which he has expressed him- self in his letter ; but the statute of Elizabeth makes a difference between a first and second offence ; by it, ' any person preaching, de- claring, or speaking against the prescribed rites and solemnities, is liable, for the first offence, to forfeit for one year the profits of all his ecclesiastical benefices, and also to be imprisoned for six months; for a second offence, he is to lose or be deprived ipso facto of all spiritual promotions, and to be impri- soned during life.' It seems, therefore, that, although it was considered, at the time the statute was passed, that the offence would not bear much extenuation, still that it was right and proper that the statute should make a distinction between persons guilty of one offence, and guilty of the like offence a second time. I think, therefore, that the justice of the case may be satisfied by sus- pending Mr. Head from his living, and from the emoluments of it, for three years. It will be borne in mind, that Mr. Head may be proceeded against for a second offence, if he shall, during the term of his suspension, publish the like doctrines. " I am, therefore, of opinion to pronounce the articles given in to be fully proved, and to decree that Mr. Head, for the offence he has committed, be suspended from his office and ministration, for the term of three years; and that he be condemned in the costs of the suit; with an admonition to him to abstain from such conduct in future. " I think the court would have been quite justified in going to the fullest extent of punishment, looking to the language in which Mr. Head has expressed his opinions in his letter." STATUTA VICTORIjE. A.D. 1837—1844. 2041 IX. Observance or Non-observance of Church Offices. In consequence of the conflicting opinions which exist respecting the observance or non- observance of church offices, enjoined by the rubric, it has been deemed expedient to pub- lish extracts from a charge by the Bishop of London to the clergy of the diocese of Lon- don, at the visitation in October, 1842 ; the judgment of the Bishop of Exeter In re Wal- ter Blunt (Clerk); a letter from the Bishop of Exeter to a portion of the inhabitants of Falmouth, in reply to a memorial addressed by them to his lordship; a pastoral letter from the Bishop of Exeter to the clergy of the diocese of Exeter; the charge of the Bishop of Worcester, delivered to the candi- dates for ordination at their final examina- tion, December 21, 1844; a letter from the Bishop of Exeter to the Editor, commenting on the charge of the Bishop of Worcester; and extracts from a charge by the Bishop of Gloucester and Bristol, to the clergy of his diocese, at his lordship's visitation, in August and September, 1844 : which will tend to illustrate the principal points of controversy. Extracts from a Charge by the Bishop of London to the Clergy of the Diocese of London, at the Visitation, in October, 1842. u I now proceed to offer some observations upon the duty of complying with the church's directions in the celebration of divine ser- vice. Our proper rules in this respect are the rubric and canons, as the articles are, with regard to doctrine ; and we are bound to observe the rule in the one case, as in the other, although it must be acknowledged, that a departure from the truth is more inju- rious in its consequences, than a deviation from the prescribed ritual. Now it is impos- sible to deny, that a great degree of laxity has crept over us in this matter; and we are much indebted to those learned and pious men, who have forcibly recalled our attention to a branch of duty, too long imperfectly performed. In some instances, indeed, they have gone beyond the line of duty and of prudence, in recommending, or practising, ceremonies and forms, not authorized by their own church ; and in ascribing to others an importance which does not properly be- long to them ; but there can be no doubt of their having mainly contributed to the pro- gress, which has been made during the last few years, towards a full and exact observ- ance of the church's rubrical injunctions, as well as to a better understanding of the foun- dations and proportions of her polity, and the nature and value of her discipline. We ought not to overlook the real good, which they have effected in one direction, while we contemplate with apprehension the evil, which it is to be feared they have wrought in another. "Every clergyman is bound, by the plain- est obligations of duty, to obey the directions of the rubric. For conforming to them, in every particular, he needs no other authority than that of the rubric itself. We ought not to be deterred from a scrupulous observance of the rites and customs, prescribed or sane- Stat. 3 & 4 tioned by our church, by a dread of being Vict. c. 86. thought too careful about the externals of religion. If we are not to go beyond her ritual, at least we ought not to fall short of it ; nor to make her public services less fre- quent, nor more naked and inexpressive, than she intends them to be. In saying this, I am not holding any new language. In my charge to the clergy of the diocese of Chester, in 1825, I used these words: 'A strict and punctual conformity with the Liturgy and Articles of our church is a duty, to which we have bound ourselves by a solemn promise, and which, while we continue in its ministry, we must scrupulously fulfil. Conformity to the Liturgy implies, of course, an exact ob- servance of the rubric. We are no more at liberty to vary the mode of performing any part of public worship, than we are, to preach doctrines at variance with the Articles of reli- gion. If there be any direction for the pub- lic service of the church, with which a cler- gyman cannot conscientiously comply, he is at liberty to withdraw from her ministry; but not to violate the solemn compact which he has made with her.' " An honest endeavour to carry out the church's intentions, in every part of public worship, ought not to be stigmatized as popish, or superstitious. If it be singular, it is such a singularity as should be cured, not by one person's desisting from it, but by all taking it up. When I have been asked, whether I approved of certain changes in the mode of celebrating divine service, which were spoken of as novelties, but which were in fact nothing more than a return to the anciently established order of the church, my answer has been, far from questioning the right of the clergy to ob- serve the rubric in every particular, I know it to be their duty; and the only doubt is, how far are we justified in not enforcing such observance in every instance? " It may, indeed, call for the exercise of a sound discretion, in certain cases, as to the time and mode of bringing about an entire conformity of your practice, in this respect, with the letter of the law ; but I cannot, as it appears to me, consistently with my duty, interpose any obstacles, nor offer any objec- tion to its being done. I wish this observa- tion to be understood, as applicable, not only to the administration of public baptism at the time prescribed by the rubric ; to the reading of the offertory sentences, and the prayer for the church militant; but to the observance of the days, which the church appoints to be kept holy. I desire more particularly to call your attention to the duty incumbent upon you, of celebrating divine service upon each of the days, on which we commemorate the leading events in the history of our blessed Lord; not only his nativity, crucifixion, and resurrection; but his circumcision, his mani- festation to the gentiles, and his glorious ascension. It is my wish, that in obedience to the church's directions, you should cele- brate public worship on all the anniversaries of those events; on every day in Passion week, upon the Mondays and Tuesdays after Easter day and Whitsunday, and upon Ash 2042 STATUTA VICTORIA. A. D. 1837—1844. Stat. 3 & 4 Wednesday. By specifying these particular Vict. c. 86 days I do not mean to insinuate, that the other festivals and the fasts of our church are not also to be duly kept; but if any distinc- tion is made, those observances, which are appointed in honour of our blessed Lord himself, and the solemn commencement of our great penitential fast, are entitled to pe- culiar respect. The reason which is com- monly assigned for the non-observance of some of these holy days, namely, that the people will not go to church even if we cele- brate divine service, I consider not to be of such weight as to preponderate against the plain requirements of the law. The people's neglect in this particular, which began in an age when the church's discipline was sadly relaxed, was perhaps suffered to grow into a confirmed and almost universal habit, by the too great easiness of the clergy in giving way to it; in not pressing upon their hearers the duty of frequently attending church, and giving them opportunities of doing so. It must needs take some time to overcome that habit; but the clergy must be the first to attempt it, and they are not to be blamed for making the attempt. Let them do their part in carrying out the church's intentions, and then none of the laity will have cause to complain of being deprived, by their means, of any one of the opportunities and privileges to which all her children are entitled. ' The life and welfare,' (says Dr. Thomas Jackson,) ' as well of church as of common weal, de- pend, next under God, on the frequent and fervent prayer of the church ; and to neglect such laws and canons, though made by men, as enjoin us to the frequent and decent per- formance of such duties, is to transgress all those branches of God's law, which command us to seek the peace and welfare of the church and commonweal, wherein the safety of the king and state under whom we live, and (which is above all) the advancement of God's glory, is concerned.' "With respect to daily service, the rubric directs, that 'the curate or minister in every parish church or chapel, being at home, and not being otherwise reasonably hindered, shall say morning and evening prayer in the parish church or chapel where he ministers.' Of the reasonableness of the hindrance, which may excuse a clergyman from the daily cele- bration of divine service, he must himself be the judge, subject always to the authority of the bishop, in case he shall see fit to inter- pose it, and to require such celebration. In many cases it may be difficult for one cler- gyman to perform all the services appointed by the church ; and that the framers of the rubric did not intend to insist upon an unin- terrupted daily performance of divine service, appears, I think, from the direction given to the curate, that when it is performed, he shall cause a bell to be tolled a convenient time before, to give the people notice. But it is quite clear, that any clergyman who thinks fit to comply with the rubric in this respect, and has daily prayers in his church, is justi- fied, and more than justified, in doing so. ' As we are not excused by,' says Dean Comber, ' so we ought not to be discouraged at, people's slowness in coming to daily prayers; for their presence is indeed a com fort to us, and an advantage to themselves : but their absence does not hinder the suc- cess, nor should it obstruct the performance of our prayers.' — 1 Let our congregation be great or small, it is our duty to read these prayers daily.' " In my primary charge to the clergy of this diocese, in speaking of matins, I ex- pressed a wish that the experiment should be tried, not on Wednesdays or Fridays only, on which days the litany might still be used at eleven o'clock, but on every day except Sunday, agreeably to the practice of the early church and of our own in its better ages. In expressing that wish, I had in view the parish churches in towns; and where it has been carried into effect, I believe that a considerable number of persons have been found to profit by the opportunities so afforded. I know of no reason why the same practice should not be resorted to in country parishes, where the resident clergymen are desirous of giving full effect to the church's intentions; although the employments and habits of our rural population may prevent it, for a time at least, from producing much effect. The truth is, reverend brethren, that until the church's intentions are completely fulfilled, as to her ritual, we do not know what the church really is, nor what she is capable of effecting. It is the instrument by which she seeks to realize and apply her doctrines; and the integrity and purity of the one may, as to their effect, be marred and hindered, in what degree we know not, by a defective observance of the other. " I would urge this consideration upon you, with an especial reference to the more frequent celebration of the holy communion, the most appropriate and distinguishing act of Christian worship. I am persuaded that much of the backwardness and unwillingness to communicate, which the clergy have so much cause to lament in country parishes, has arisen from the practice of having only quarterly communions. The people are brought to consider the Lord's supper, not only as the most solemn office of devotion, but as something so mysterious and awful, that the church can venture to celebrate it only upon rare occasions ; and they are natu- rally led to question their own fitness to receive it. They are reminded of the duty only once in three months ; and while they are doubting, and perhaps all but resolved to communicate, the opportunity passes away, and they think no more of it for another quarter of a year. A more frequent celebra- tion of those holy mysteries, with proper instruction on the part of the clergy, would keep the duty of communicating more con- stantly before the eyes of the people: the disobedience and neglect, which they prac- tise once a quarter, they will be less likely to practise every month, or every week; and I believe that in few instances have the clergy multiplied the opportunities of parochial com- munion, without increasing the number of communicants." .... " As to those forms and ceremonies which are expressly enjoined in the rubric or canons, and which, as is said in the 18th STATU T A VICTORIA. A.D. 1837—1844. 2043 Canon, are intended to 'testify the people's humility, christian resolution, and due ac- knowledgment that the Lord Jesus Christ, the true eternal Son of God, is the; only Saviour of the world,' I think that upon the principle asserted by Bishop Butler they are clearly reasonable, and that, being enjoined by the church, they are obligatory upon its members. Such are the various devotional postures prescribed in the Book of Common Prayer, and the doing lowly reverence when in time of divine service the Lord Jesus is mentioned, as directed by the same canon; which custom, says Hooker, ' showeth a reverent regard to the Son of God, above other messengers, though speaking as from God also; and against infidels, jews, and arians, who derogate from the person of Jesus Christ, such ceremonies are most pro- fitable.' "Again, although I do not consider the Canons of 1640 to be binding upon the clergy, I see no very serious objection to the custom therein commended, as having been the an- cient custom of the primitive church, and of this also for many years in the reign of Queen Elizabeth, of doing obeisance on en- tering and leaving churches and chancels ; not, as the canon expressly declares, 'with any intention to exhibit any religious wor- ship to the communion-table, the east, or church, or any thing therein contained, in so doing, or to perform the said gesture in the celebration of the holy eucharist from any opinion of the corporal presence of the body of Christ upon the holy table, or in the mystical elements, but only for the advance- ment of God's glory, to give Him alone that honour and glory which are due unto Him, and no otherwise.' "But that the clergy, although they are at liberty to use this custom, are not obliged to do so, even if that canon be in force, is clear from the words of the canon itself, which heartily commends, but does not en- join it. ' In the practice or omission of this rite,' (it says,) 'we desire that the rule of charity prescribed by the apostle may be observed, which is, that they who use this rite despise not them who use it not, and that they who use it not condemn not those that use it.' If those persons, who practise these obeisances towards the holy table, do so under the notion of a bodily presence of Christ in the consecrated elements, or if the people are led to suppose them to do so, then I consider the custom to be objection- able, and at variance with the spirit of our reformed church. If otherwise, the clergy, who observe it, are bound to explain it to the people, in the sense in which it is ex- plained by the canon. "The same Canons of 1640, declare, that the situation of the holy table at the east end of the church, being in its own nature indif- ferent, and that wherein no religion is to be placed, or scruple made thereon, 'doth not imply that it is, or ought to be accounted, a true and proper altar, whereon Christ is again really sacrificed; but it is, and may be called an altar, in that sense in which the primitive church called it an altar, and in no other.' Those persons who hold not simply a real, but a bodily presence of Christ in the Stat. 3 & 4 consecrated elements, can scarcely avoid Vict. c. 86. holding also the notion of a propitiatory sacrifice; and" to this notion of a bodily pre- sence is to be traced a superstitious reve- rence for the external circumstances of the Eucharist. Our own church, admitting the doctrine of a real, though spiritual presence, utterly rejects that of a corporal presence, which, however it may be veiled under ob- scure and unintelligible terms, is virtually one with the error of transubstantiation. It is expressly declared at the end of the Com- munion Service, that by the custom of kneel- ing to receive the elements, ' no adoration is intended, or ought to be done, either unto the sacramental bread or wine then bodily received, or unto any corporal presence of Christ's natural flesh and blood.' "'The ceremonies,' says Bishop Fleet- wood, [Works, 723.] ' allowed in practice in the church, though not enjoined by the rubric, are such as were used in the church before and when the rubrics were made ; and being reasonable, and easy, and becoming, were not enforced by any new law, but were left in possession of what force they had obtained by custom. He that complies not with these ceremonies, offends against no law, but only against custom; which yet a prudent man will not lightly do, when once it has ob- tained in general.' "With regard to worshipping towards the east, there can be no doubt of its having been a very ancient practice of the church; for it is mentioned by Clement of Alexan- dria, and by Tertullian. Bishop Stillingfleet, one of the most learned of our divines, con- siders it to be one of those customs derived from primitive times, and continuing to our own, which there is no reason to oppose, but rather to comply with. ' And of all cus- toms,' he observes, 'that of contention and singularity, where there is no plain reason against them, doth the least become the church of God.' • "I do not, however, consider it to be the intention of our church, that the officiating minister, when reading prayers, should turn to the east with his back to the congregation. Bishop Sparrow thinks, that anciently the reading-desk was so placed, that the minister looked to the east, away from the people, to whom he is directed to turn in reading the lessons. But the reading-desk was not known in the early years of the Reformation. It is not mentioned in the Injunctions of King Edward the Sixth, nor in those of Queen Elizabeth, nor in any canons or visi- tation articles before the canon of 1603. The first rubric in King Edward's Common Prayer-Book, orders, that the minister so turn him in reading prayers as that the people may best hear him; and as the cus- tomary place for reading the prayers was then the chancel, at the communion-table, it is clear that he could not have faced the east. [Hamon L'Estrange, Alliance, 328.] It appears, however, from the proceedings of the Savoy Conference, that it was customary at that time for the minister to turn to the people only when he spoke to them, as in the lessons, absolution, and benedictions: 2044 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 'when he speaks for them to God,' it was Vict. c. 86. argued by the bishops, 'it is fit that they should all turn another way, as the ancient church ever did, the reasons of which you may see in August, lib. 2, de Ser. Dora, in Monte.'' [Dr. Cardwell's History of Confe- rences, 353.] "I myself approve of, as convenient, though not necessary, the arrangement lately adopted in several churches, where the read- ing desk is near the east end of the church, by which the clergyman looks towards the south while reading prayers, and towards the west while reading the lessons. "With respect to those ornaments of the church, about which there is a difference of opinion, where the rubric and canons are not clear, the judgment of the bishop should be sought for. A question has ariseD about placing lights upon the communion-table. Some doubt may be entertained as to the law in this particular. They were forbid- den by the Injunctions of King Edward the Sixth, in 1549; but they were in use when the first Liturgy of that monarch re- ceived the authority of parliament, and therefore seem to be sanctioned by the rubric in our present Common Prayer-Book. But whether it be so or not, they have always been retained in the chapels royal, in cathe- drals, and in college chapels; and I see no objection to them, provided that the candles are not burning except when the church is lighted up for evening service. "I strongly disapprove of the practice, which, as I am informed, has been adopted by a few of the clergy, of decorating the communion-table with flowers; and especi- ally when that decoration is varied from day to day, so as to have some fanciful analogy to the history of the saint who is comme- morated. This appears to me to be some- thing worse than frivolous, and to approach very nearly to the honours paid by the church of Rome to deified sinners. Such practices as these, which are neither pre- scribed, nor recommended, nor even noticed by our church, nor sanctioned by general custom, throw discredit upon those decent ceremonies, and expressive forms, which are intended to enliven the devotion of those who are engaged in the service of God, and to do honour to his holy name. It is well observed by Bishop Halifax, that 'there may be too much of form in religion, as well as too little. The one leads to enthusiasm, the other dege- nerates into superstition ; the one is puritan- ism, the other is popery; whereas the ra- tional worship of God, is equally removed from either extreme.' " In resisting an exaggerated spiritualism, we must be careful not to incur the charge of materializing religion; and above all, we must beware of arbitrarily connecting the gifts of God with ordinances of merely human appointment, and of teaching our people to place the ceremonies which the church has ordained, however significant and laudable, on the same footing as the Sacraments which have been ordained by the Lord Jesus Himself. It is very well to speak of them as precious fragments of an ancient, or perhaps a primitive ritual; but we deny that they are to be cherished as anything more than decent and venerable usages; or that we have the slightest evi- dence of their being divinely authorized por- tions of the church's perpetual spiritual sacrifice. " Ordinances and ceremonies, which can- not be shown to have been instituted by the apostles, with a direction for their continu- ance, are not of perpetual obligation upon the whole church; as, for example, the appointment of an order of deaconesses, or widows ; the anointing of the sick with oil ; and some other instances; although if we can prove them to have been used by the apostles, or make it appear highly probable that they were so, they may not be lightly laid aside, nor changed, even by churches, and not at all by individual members of a church. This is the doctrine of our own church, in the preface to her Book of Common Prayer; and in this respect every one, at least every clergyman, is bound by the laws of his own church. What they enjoin he is to practise ; what they forbid he is to abstain from ; what they purposely omit he is not to introduce, "Prayers for the dead, trine immersion in baptism, the kiss of peace in the Eucharist, the mixing of water with wine in the chalice — all these were undoubtedly ancient cus- toms, if not all of primitive antiquity ; but they are not recognised by our own church, and they are, therefore, not to be practised by its ministers. 'Let no minister of a par- ish,' says Bishop Jeremy Taylor, 'introduce any ceremonies, rites, or gestures, though with some seeming piety or devotion, which are not commanded by the church and esta- blished by law ; and let these also be wisely and usefully explicated to the people, that they may understand the reasons of obedi- ence; but let there be no more introduced, lest the people be burdened unnecessarily, and tempted, or divided.' [Instructions to the Clergy of Down and Connor.] "You are not to take as your rule and model in this respect the early church, nor the primitive church ; but the church of England, as she speaks in plain and obvious cases by her rubric and canons, in doubtful and undecided ones by her bishops. This is the language of common sense, as it is also of the canon law, laid down by its able interpreter Van Espen : ' Singularium eccle- siarum ritus atque cceremonialia, sive ritu- alia, sewanda sunt; neque presbyteris, alu isve ecclesiae ministris, ritum prcescriptum immutare licet, eo etiam prcetextu, quod contrarius ritus pristine ecclesice discipline conformior esset, videreturque ad excitan- dam populi devotionem, necnon ad expli- canda mysteria, aptior et convenientior.' [P. 11, sect. 1, tit. 5, c. 1, § 24.] I ear- nestly wish that this rule were kept in view by all clergymen. We should not then have to complain of unwarrantable omissions and alterations of the church's service on the one hand, nor of unauthorized additions to her ritual on the other. I confess that I view the former fault with less complacency than the latter. I think that a clergyman, who presumes to omit any pait of the offices, STATUTA VICTORIA. A.D. 18,37—1844. 2045 which he has solemnly pledged himself to use whole and entire, either through haste, or negligence, or, which is still worse, from a dislike of the doctrine which they assert, offends more grievously against the order of the church than he who, from a mistaken zeal for antiquity, revives obsolete practices, or is minutely scrupulous in his attention to the externals of religion. It is my earnest wish that you should omit no part of the solemn services which the church has ap- pointed to be used, whether in the admi- nistration of the sacraments, or in what are commonly termed the occasional offices. " With respect to the habits proper to be worn by the clergy, when ministering in di- vine service, no question is made, as far as the prayers are concerned ; but it is doubted, whether a clergyman, when preaching, should wear a surplice or a gown. I apprehend, that for some time after the Reformation, when sermons were preached only in the morning as part of the communion service, the preacher always wore a surplice [or pos- sibly an albe, or close-sleeved surplice], a custom which has been retained in cathedral churches, and college chapels. The injunc- tion at the end of King Edward's first Ser- vice Book requires the surplice to be used in all churches and chapels in the saying or sing- ing of matins, and evensong, baptizing, and burying. And the present rubric enacts, that all the ornaments oPministers, at all times of their ministration, be the same as they were by authority of parliament in the second year of King Edward the Sixth. The gown was probably first worn in the pulpit by the licensed preachers, and by the lecturers, who preached when no part of the communion service was read. In the king's Injunctions of 1633, to the archbishop, a direction is given, that 1 where a lecture is set up in a market town, it may be read by a company of grave and orthodox divines, and that they ever preach in such seemly habits as belong to their degrees, and not in cloaks.' When there is only one officiating clergyman, and the prayer for the church militant is read, which must be read in a surplice, it seems better that he should preach in the surplice, than quit the church after the sermon, for the purpose of changing his habit. It would perhaps be most consonant with the inten- tion of the church, if the preacher wore a surplice when preaching after the morning service, and a gown when the sermon is in the evening. Upon the whole, I am hardly prepared to give any positive direction on this point for this particular diocese, although it is certainly desirable that uniformity of practice should prevail in the church at large. " A more important point than that of the dress of the officiating clergyman, is the manner in which he reads the common prayer. No person objects more strongly than I do to a declamatory, or dramatic mode of reading; but I do not understand why those clergymen, who seek to avoid that fault, should pass to the opposite extreme of rapid and monotonous recitation, which they describe as reading piano cantu. I am aware, that in the old rubric even the lessons were directed to be sung in plain tune, as also the epistle and gospel. But this was Stat. 3 & 4 wisely altered. There are certain parts of Vict. c. 86. the service which the rubric still directs to be said or sung; with reference probably to ' choirs, and places where they sing,' as the rubric expresses it, and to parish churches and chapels, where the prayers are said, and not sung. But whether said or sung, it should be devoutly, audibly, and distinctly. The 14th Canon directs, that the common prayer ' be said or sung distinctly and reve- rently.' Queen Elizabeth's injunction of 1559, was, 'that all readers of public prayers be charged to read leisurely, plainly, and distinctly.' The writer of the Homily on Common Prayer cites a Constitution of Jus- tinian to the same effect : the rule laid down in the Reformatio Legum is, 1 partite voces et distincte pronuntient, et cantus sit illorum clams et aptus, ut ad auditorum sensum et intelligentiam perveniant .' The reason why so great a stress was laid on the distinct reading of the church service, independently of its obvious necessity, was the general pre- valence of an opposite practice amongst the popish clergy, many of whom, after they had conformed to the Liturgy, read it as they had been accustomed to read the prayers in their Breviary. " It is much to be regretted, that any of the clergy of our reformed church, which justly glories in a form of public prayer, so framed that the people may both understand it, and bear a part in it, should think it ne- cessary, or profitable, or consistent with the church's intentions, to read it in a hurried and indistinct manner. 4 It is an absurdity and an iniquity,' says Bishop Gibson, 'which we justly charge upon the church of Rome, that her public service is in a tongue unknown to the people : but though our service is in a known tongue, it must be owned, that as reading it, without being heard, makes it, to all intents and purposes, an unknown tongue, so confused and indistinct reading, with every degree thereof, is a gradual approach to it.' " It is a subject, my brethren, of still deeper concern, that any of our body, though but few, should evince a desire and longing to revert, not merely to some of the outward ceremonies, but to the devotional formu- laries of the church of Rome; that they should speak disparagingly and disrespect- fully of our Liturgy, and prepare men of ardent feelings, and warm imaginations, for a return to the Roman mass book, by pub- lishing, for daily use, devotions and homi- lies, taken from authors of that church, and embodying not a few of its superstitions and unscriptural doctrines and practices: that they should recommend, or justify, under any qualification, prayers or addresses to saints, a practice which began in poetry, and ended in idolatry ; intercessions for the dead, which our church, by her formal discon- tinuance of them, has implicitly forbidden, and which tend directly to the notion of purgatory; and auricular confession, a prac- tice utterly unknown to the primitive church, one of the most fearful abuses of that of Rome, and the source of unspeakable abo- minations. 2046 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 " It is a subject of concern, that while Vict. c. 86. they protest in cautious and measured terms against some of the errors of that church, they should abstain from the plain, uncom- promising assertion of her unscriptural, or rather her anti-scriptural character; and spend their lamentations on their own na- tional church, as sitting apart from the mo- ther of churches, and in bondage to the powers of this world, rather than upon that system of corruption and tyranny, which drove her from communion with Rome, and which is still maintained by Rome in theory, and, as far as circumstances will permit, in practice also. "Again, it is matter of shame and grief to us, and of exultation to our adversaries, that while such men as Hildebrand and Becket are held up to admiration, men who, if they were sincere, were yet the authors and abet- tors of evil, the firebrands of discord, and the subverters of civil government, reproach and censure should be cast upon those holy fathers, to whom, under God, we owe our deliverance from an intolerable yoke, Cran- mer, and Ridley, and Jewel ; as though the occasional errors into which they may have fallen, under circumstances of difficulty which we are wholly unable to appreciate, were [not a thousand times outweighed by their services to the cause of God's truth and of his church." .... " I think that it is not correct to com- mence divine service with a psalm or hymn. "The psalms and services had better be said than sung, where the congregation are not sufficiently versed in the knowledge of music to take part in them, "Where a saint's day falls upon a Sun- day, the collect for the saint's day, as well as that for the Sunday, should be read, and the epistle and gospel for the saint's day, but the lessons for the Sunday. " The minister should himself give out the psalms to be sung, and all notices that may be lawfully published in church. " The prayers for the ember weeks should always be used as appointed. " The responses in the communion service should be said, rather than sung, where there is not cathedral service. "After the Nicene creed, the minister should in all cases declare, what holy days or fasting days are in the week following appointed to be observed. " Baptism is never to be administered ' in private bouses, except in cases of urgent necessity ; and all such baptisms should be duly registered within the time prescribed by law. This I request you to take as my authoritative direction, as well as what fol- lows. " That you will not permit any clergyman to officiate as your temporary substitute, or assistant, not being a personal friend or ac- quaintance of your own, who shall not have first exhibited to me his letters of orders and testimonials; and that no clergyman, serving only one church, omit either morning or evening service on Sundays." .... Judgment of the Bishop of Exeter In re Walter Blunt (Clerk). On the 12th September, 1844, Mr. Hill, one of the churchwardens of Helston, in a letter to the Lord Bishop of Exeter, made complaints against the Rev Walter Blunt, the curate of Helston, as follows: " First. Comes the use of the surplice in the pulpit: this, however, excited little at- tention ; probably it would have scarcely been noticed had he not at first preached in the gown. "Secondly. A great deal of dissatisfaction was excited by the substitution of an ex- temporary dissertation on the Liturgy for a sermon; a sort of lectures interesting pro- bably to the church antiquarian, but very unsatisfactory to a man anxious to learn his duty to God and man. " Thirdly. The disuse of any prayer be- fore or after the sermon. " Fourthly. The substitution of an ex- tempore lecture on one of the lessons for a sermon in the evening ; tins being introduced after the second lesson, and neither preceded nor ended by prayer : the lecture itself being more frequently historical than of any prac- tical tendency. "Fifthly. The compelling all persons to remain in church on sacrament Sundays un- til the conclusion of the exhortation, on pain of excommunication, ipso facto; a custom, as Mr. Blunt allows, peculiar to this church. " Sixthly. The refusal to read the Lord's Prayer with, or to administer the holy com- munion to, a man who had been baptized by a Roman catholic priest, the man having previously communicated in our church, and being unwilling that the sacrament of bap- tism should be repeated. "Seventhly. The refusal to bury the corpse of a young man who had been baptized by a dissenting minister in a colony where no church minister was to be found. "Eighthly. The refusal to marry persons unless they could prove satisfactorily that they had been baptized." In consequence of these complaints, a com- mission was issued by the Bishop of Exeter, on the 4th of October, 1844, for the purpose of inquiring into and reporting concerning them. An additional paper, entitled " Causes of complaint," was exhibited before the com- missioners on the part of certain members of the church of Helston against their reve- rend curate, as follows: "1. For having, shortly after he entered onithe curacy, refused to administer the sacra- ment of the Lord's supper to John Blake, then supposed to be in a dying state, and having told the said John Blake that he could not bury him, unless he consented to be baptized. " The following are briefly the facts of the case : John Blake, an Irishman by birth, was baptized by a Roman catholic priest, and after- wards confirmed by a catholic bishop ; he was for ten years in the army, and during the last fourteen has resided at Helston, in the service of the Rev. Thomas Stabback ; he was mar- ried in the West Indies according to the rites STATUTA VICTORIA. A.D. 1337—1844. 204 of the English protestant church, and for the last twenty-four years he had been a regular attendant at the services of that church. Blake has always been remarkable for great propriety of conduct; his children were bap- tized in the church, and have been for some years at the national schools, where they have been distinguished for their good con- duct. Supposing himself to be dying, Blake expressed a wish to see the clergyman, and to receive the sacrament; and Mr. Blunt was requested to administer it, but on discovering that Blake had been baptized by a catholic priest, he not only refused to do so, but de- clared that he could not use the Lord's Prayer in praying with him, as the words 4 Our Father' could not be considered to apply to them jointly. On Blake's expressing a hope to Mr. Blunt that he would bury him, he declared he could not do so unless he was baptized. The poor man, however, not being satisfied of the necessity or even propriety of a repetition of the sacrament, declined Mr. Blunt's offer to administer it. " These facts will be fully borne out by Blake, who still lives, and also by his wife. " On Mr. Blunt's being asked upon what principle he had acted in this case, and if our church had not recognised baptism by Roman catholic priests ? he replied that the Irish was not a true branch of the Romish church, that the Irish catholics were schismatics from our church, and therefore their services were en- titled to no consideration. "2. For adopting the use of the surplice in the pulpit, and dispensing with prayer both before and after the sermon, and frequently addressing the congregation from the pulpit before the sermon in a vehement and unbe- coming manner, respecting the changes he had made and proposed to make in the mode of performing the services of the church. "3. For having in the month of April last, published for the first time the banns of mar- riage between John Retallack and Elizabeth Ralph, and afterwards refusing to proceed with the publication on the ground that one of the parties had not been baptized. " These parties were married in the regis- ter-office at Helston, on the 24th of May, and on the superintendent-registrar remonstrating with Mr. Blunt on the impolicy (to use the mildest term) of thus driving people from the church, and asking his reason for refus- ing to proceed with the banns, Mr. Blunt stated that the marriage service contemplated that parties married should receive the sacra- ment, and exhorted them to do so as soon as conveniently might be; that a person not baptized was not qualified to receive the sacrament, and therefore not in a condition to be married. On being asked what per- sons born and bred dissenters were to do, Mr. Blunt said they had the Marriage Act. To the question, what course was open to them before that act passed ? he replied that it ought to have been passed long before. This case excited, as might be supposed, a great sensation, and only one marriage took place in Helston church during the three months of April, May, and June, instead of the average number of ten or twelve. " 4. For compelling women coming to be churched to submit to the exposure and fa- Stat. 3 & 4 tigue of kneeling at the rails of the commu- Vict. c. 86. nion table, where he reads the service, instead of permitting them to remain in the seat ap- propriate for the purpose, and performing the service in the desk in the ordinary manner. "5. For dismissing the church singers, and substituting in their stead some of the na- tional school boys, wholly ignorant of music, and who, being placed in the chancel, at the greatest possible distance from the organ, are quite beyond all control of the organist, whereby the solemn and devotional effect of this part of the service is entirely destroyed. "6. For refusing to bury any person not baptized by a minister of the established church, in open defiance of the settled law of the land. "7. For tendering to the churchwardens for their signature, conjointly with his own, a notice to be published to the effect that no dissenter should be buried in the churchyard before the hour of eight in the evening, which the churchwardens refused to sign. " 8. For requiring the whole of the congre- gation to remain in church on Sundays when the sacrament of the Lord's supper is admi- nistered during the offertory and collection of alms, and until after the reading of the ex- hortation. " 9. For having on Sunday, the 1st of Sep- tember instant, after the conclusion of the sermon, addressed the congregation in a vio- lent and intemperate manner, declaring his determination not to allow any persons who left the church on sacrament Sundays before the exhortation to partake of the holy com- munion again ; and that persons so offending should not only be prevented from commu- nicating in that church, but that he would take care they should be admitted to no other, and that he would write to every clergyman in the neighbourhood, enjoining them not to admit such persons to the sacrament in their churches." Report of the Commissioners. "October 10, 1844. "My lord, — We, the commissioners ap- pointed by your lordship to inquire into the circumstances connected with the present state of the church in Helston, beg leave to represent that we held a meeting on the 4th of October, in the national school-room of that town, endeavouring as far as possible to keep in view the instructions given us by your lordship as to the mode of procedure. In the accompanying paper, marked A, headed ' Notes, &c* will be found a full and almost verbatim report of the evidence pro- duced, together with Mr. Blunt's own ex- planations. Having sat for six hours on that day, and listened patiently to every statement that was offered, in consequence of the evidently exhausted and excited state of Mr. Blunt, and also of strong indications of impatience as well as acrimonious feeling displayed by other parties, we deemed it requisite to adjourn to the 10th inst., rather than allow Mr. Blunt to place himself in so unfavourable a position as he must have done by proceeding at such a time and place with his observations. It was therefore arranged, 2048 STATUTA VICTORI/E. A.D. 1837—1844. Stat. 3 & 4 with the entire concurrence of Messrs. Hill Vict. c. 86. and Blunt, that Mr. Blunt should, in the in- terval, be allowed to furnish us with such fur- ther observations or explanations in writiny\ as he might deem advisable. We beg to for-> ward Mr. Blunt's supplementary statements, which we have perused. It would be satis- factory were it in our power to report favour- ably of the tone and temper of either party> concerned in the investigation. We regret,' however, to state, that Mr. Hill seemed to us to have come to the meeting, and to have conducted his case throughout with feelings of considerable personal irritation. This might have been caused, we think, in some measure, by Mr. Blunt having at the outset of our proceedings refused to recognise Mr. Hill as a legal churchwarden, and by his having forwarded to him a ticket of admis- sion to the investigation sought for by Mr. Hill himself. Throughout the day, Mr, Blunt appeared to labour under strong ex- citement, not perhaps, however, greater than might have been expected under the trying circumstances in which he was placed. Be- fore we make any observations on the evi- dence, it may be necessary for us to observe, in consequence of an observation of Mr. Blunt's (vide sheet 3), that in no instance did we interfere so as to prevent Mr. Blunt from pursuing any line of examination that he might have thought requisite, consistently with the usual course of taking evidence; and that as to Mr. Blunt's feeling the in- vestigation to be a degradation to himself, we trust that your lordship will see that we have only endeavoured to carry out the in- structions of our commission. M We proceed, then, with the charges in the order in which they appear in Mr. Hill's letter to your lordship, which charges were at our meeting, on the 4th, adopted by Loth churchwardens. "1. Use of the surplice in the pulpit. This appears to be fully admitted by Mr. Blunt. "2. Mr. Blunt admits that he has preach- ed frequently from notes. "3. The disuse of the prayer before or after sermon is also admitted by Mr. Blunt, and also the fact of his giving a lecture after the second lesson of the evening service. "4. The compelling all persons to re- main in church on sacrament Sundays till after the exhortation, &c. u On this charge Mr. Blunt speaks fully in his supplementary observations. It will therefore be only necessary for us to state to your lordship what was proved as to the in- stance mentioned as having occurred on the 1st of September. There appears to us to be no doubt of the substantial truth of the evidence of Mr. Edwards as to Mr. Blunt's words, supported as it was by Mr. Guy and Mr. Tyacke, and in fact not denied by Mr. Blunt himself. With regard to his manner on that occasion, we are inclined to adopt the description of Mr. Blunt's own witness, Mr. Roskruge, that ' his language was very strong and vehement, and his manner much excited.' It is unfortunately too evident, that the effect of this circumstance has been to produce great dissatisfaction. We are sorry to refer your lordship, while on this subject, to a letter of Mr. Hill to Mr. Blunt, intimating his intention to test Mr. Blunt's threat in his own person. " We rejoice, however, to add, that Mr. Hill has, as yet, forborne to do so, and we trust that he will not. " 6. Refusal to read the Lord's Prayer with Blake, &c. "It appears that Mr. Blunt, having been applied to by a sick man named Blake, for private communion, Mr. Blunt refused, on .the ground that Blake was not to be con- sidered as properly a baptized person. We refer your lordship to Mr. Blunt's explana- tion, as giving a full statement of his feelings and practice on the subject. We have no direct proof of any renunciation of Roman- ism by Blake, or otherwise ; but it appears to be a fact, that he has for many years been a constant attendant at the church at Hel- ston, although he has not been a commu- nicant. "7. Refusal to bury the corpse of a young man, &c. " Mr. Blunt admits that he did refuse, on the ground of his not having been baptized. It appears that he had been baptized in Lon- don by a Wesleyan. "8. Refusal to marry persons, &c. " Mr. Blunt's statement on this head ap- pears to be uncontradicted, and our conclu- sion is, that he did not refuse to publish banns, but to marry a party who could not prove himself to have been baptized. "Having thus gone through the charges and complaints upon which we had to collect evidence, we trust that your lordship will think we exercise a sound discretion in avoid- ing any unnecessary comments of our own. "Your lordship will observe, that Mr. Blunt has referred particularly to the con- duct of himself and the clergy at the arch- deacon's last visitation (vide sheet 12). al- though we cannot see that these circum- stances have had any material connexion with the present causes of dissatisfaction on the part of his parishioners. The case has been already so fully before your lordship, that it is unnecessary to do more than refer to the fact, that the archdeacon avoided any public censure upon Mr. Blunt's line of conduct on that day, expressing only his intention of leaving the matter entirely to your lordship. "We believe we have now gone through the whole case with sufficient minuteness to place all its circumstances fully before your lordship. We shall be sincerely gratified if our proceedings should meet with your lord- ship's approval; but still more so if they shall be found to have tended in any degree to the restoration of Christian charity, and the advancement of the spiritual welfare of the church in Helston. " Wc remain, my lord, " Your lordship's most dutiful and obedient servants, " Edward Budge. " Edward Griffith. " T. Phillpotts. "To the Right Rev. the Lord Bishop of Exeter.' " STATUTA VICTORIA. A.D. 1837-1844. 2049 " P.S. 1. In reference to Mr. Blunt's strong and emphatic denial of that part of the 7th charge (see list of causes of com- plaint) which refers to the proposed notice, 1 that dissenters should not be buried until after 8 o'clock, p.m./ to which Mr. Hill also refers in the concluding part of his letter, it will be sufficient to call your lordship's atten- tion to the draught of notice, written and signed by Mr. Blunt himself. It may be, perhaps, necessary to add in explanation, that the burials in question were those of dissenters unattended by any church service. "2. Under the notice of the 4th charge, we ought to have added, that it appears to us that Mr. Blunt's practice of reading the exhortation beginning, ' Dearly beloved in the Lord, ye that mind to come to the holy communion,' &c. after the prayer for the church militant, on sacramental Sundays, and his strongly enjoining it upon all per- sons as an absolute duty to remain in the church till after the conclusion of this ex- hortation, was, even from his own supple- mental statement, that part of his ministerial conduct by which he placed himself most at variance with the feelings and wishes of many of the most respectable members of his con- gregation. " Edward Budge. 44 Edward Griffith. " T. Phillpotts." Judgment. 44 Bishopstowe, Oct. 23, 1844. " I have read with much attention the report made to me by the commissioners of the inquiry holden at Helston on Friday, the 4th inst., into the matters of complaint and dissatisfaction on the part of the parishioners of Helston against their minister, the Rev. Walter Blunt, as stated in a letter to me from Mr. Hill, the churchwarden, dated Sep- tember the 12th last, and also in an additional paper presented by him at the meeting of the commissioners, entitled 'Causes of complaint.' 44 1 have likewise read notes of evidence, taken on the occasion by the commissioners, divers documents presented by both parties, and Mr. Blunt's written statement to the commissioners, on the various matters alleged against him. 44 1 proceed to give my judgment, which is the result of much deliberation, on all the subjects brought to my attention. 44 1. First comes 4 the use of the surplice in the pulpit; this, however, excited little attention, probably it would scarcely have been noticed, had he not at first preached in the gown.' "As such a matter seems to have been regarded at first with no more attention than it merited, it is difficult to understand how it should have been swelled into importance afterwards; since the only reason given for its exciting attention at all existed in fullest force at first — that is, when he changed from the gown to the surplice. 44 Mr. Blunt says, that he preached in the gown only while he was acting under Mr. Boraston, and not since he was licensed as curate. 44 On this particular I have no difficulty in saying, that Mr. Blunt has been right since he has preached in his surplice. 44 The sermon is part of the communion service*, and whatever be the proper garb of the minister in the one part of that service, the same ought to be worn by him through- out. The rubric and canons recognise no difference whatever. 44 The rubric, at the commencement of 4 The order for morning and evening prayer,' says, 4 That such ornaments of the church, and of the ministers thereof, at all times of their ministration, shall be retained, and be in use, as were in this church of England by the authority of parliament, in the second year of the reign of King Edward VI./ in other words, 4 a white albe plain, with a vestment or cope/ 4 4 These were forbidden in King Edward the Sixth's Second Book, which ordered that 4 The minister at the time of the communion, and at all other times of his ministration, shall use neither albe, vestment, nor cope, but being an archbishop or bishop, he shall have and wear a rochet ; and being a priest or dea- con, he shall have and wear a surplice only.' "This was a triumph of the party most opposed to the church of Rome, and most anxious to carry reformation to the very farthest point. " But their triumph was brief. Within a few months Queen Mary restored popery; and when the accession of Queen Elizabeth brought back the Reformation, she, and the convocation, and the parliament, deliberately rejected the simpler direction of Edward's Second Book, and revived the ornaments of the first. This decision was followed again by the crown, convocation, and parliament, at the restoration of Charles the Second, when the existing Act of Uniformity esta- blished the Book of Common Prayer, with its rubrics, in the form in which they now stand. 44 From this statement it will be seen, that the surplice may be objected to with some reason ; but then it must be because the law requires 4 the albe, and the vestment, or the cope.' * ["The Master of the Temple, in his pamphlet entitled, 'Canons and Rubrics of the Church of England considered/ says, p. 47, 'Neither is the Bishop of Exeter's assertion true, "that the sermon is part of the communion service/" ["This he infers from a rubric at the end of the communion service, taken in conjunction with one at the beginning of that service in Edward the Sixth's First Book. Now, if he had adverted to another rubric in that service, immediately after the blessing, 4 The peace/ &c, he would hardly have hazarded so unceremonious a contradiction. The rubric is as follows : ' When the holy communion is celebrated on the work-day, or in private houses, then may be omitted the Gloria in excelsis, the creed, the homily, and the exhortation beginning, " Dearly beloved," &c/ ["Surely the homily is here a 'part of the communion service/ if the other matters are parts of it." Ex relat. the Bishop of Exeter.] 0 P Stat. 3 & 4 Vict. c. 86. 2050 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 u Why have these been disused? Because Vict. c. 86. the parishioners — that is, the churchwardens, who represent the parishioners — have neg- lected their duty to provide them; for such is the duty of the parishioners by the plain and express canon law of England*. (Gibson, 200.) True, it would be a very costly duty, and for that reason, most probably, church- wardens have neglected it, and archdeacons have connived at the neglect. I have no wish that it should be otherwise. But, be this as it may, if the churchwardens of Hel- ston shall perform this duty, at the charge of the parish, providing an albe, a vestment, and a cope, as they might in strictness be required to do, (Gibson, 201,) I shall enjoin the minister, be he who he may, to use them. But until these ornaments are provided by the parishioners, it is the duty of the minister to use the garment actually provided by them for him, which is the surplice. The parish- ioners never provide a gown, nor, if they did, would he have a right to wear it in any part of his ministrations. For the gown is no- where mentioned or alluded to in any of the rubrics. Neither is it included, as the albe, the cope, and three surplices expressly are, among ' the furniture and ornaments proper for divine service,' to be provided by the pa- rishioners of every parish. Gibson, ubi supra. "The 58th Canon of 1604, (which, how- ever, cannot control the Act of Uniformity of 1662,) enjoins that ' every minister, saying the public prayers, or ministering the sacra- ments, or other rites of the church, shall wear a decent and comely surplice, with sleeves, &c, to be provided at the charge of the parish.' For the things required for the common prayer of the parish were and are to be provided by the parish. If a gown were required, it would be to be provided by the parish. " But the commissioners say, that Mr. Hill told them at the time of the inquiry, that ' he should not object to the use of the surplice, if it were not the badge of a party' This, I am aware, is a very common cry. But I cannot forbear from saying, that if any of the clergy deserve to be called a party, in an invidious sense of the phrase, they who agree in violating the law of the church ought to be so designated, not they who observe it. But in the present case, I do not think that any such reproachful name would properly be applied to either the one or the other. Those who observe the law ought to be pro- tected from all reproach by their faithfulness ; they who do not observe it, by the long and general, however irregular, prevalence of such non-observance, on the part of the clergy, and of connivance on the part of the bishops. " There is one, and one way only, in which all appearance of party and division among the clergy, in this respect, may be avoided. I mean by all of them complying with the easy requisition of the church, that they wear one and the same garb during the whole of the communion service, including the ser- mon, which, I repeat, is only a part of that service. And the experience which I have had, not only at Helston, but at several other places, of the great practical evils and scandals which have arisen, and are daily arising, from suffering the law of the church in this instance to be set at nought, will make me earnestly call upon my clergy throughout the diocese to return to obedi- ence to the law, by wearing throughout their ministration that dress which is provided for them, the surplice, if the use of the other more costly garments be not (as it is not desired by any that it should be) revived among us. "2. 'A great deal of dissatisfaction was excited by the substitution of an extempo- rary dissertation on the Liturgy for a sermon — a sort of lecture, interesting probably to the church antiquarian, but very unsatisfac- tory to a man anxious to learn his duty to God and man.' "The habit of preaching extempore is much disapproved by me generally ; but as I have never told Mr. Blunt that I disapprove it, I cannot justly censure him for adopting the practice. "A 'dissertation' in the pulpit on any subject would seem to me highly improper; but whether a sermon may deserve to be called a ' dissertation,' can be decided only by those who have heard it, unless it have been committed to writing, as unfortunately these sermons appear not to have been. This is one of the many grounds on which preach- ing, either extempore or merely memoriter, may be deemed very undesirable. In such a case, if the sermon be with reason objected to by a hearer, justice can rarely be done to the objector; if it be objected to without reason, the preacher can never do justice to himself. " In the present instance, Mr. Hill objects to Mr. Blunt's sermons on the Liturgy, not for any unsoundness of doctrine, but because they were ' a sort of lecture, interesting pro- bably to the church antiquarian, but very un- satisfactory to a man anxious to learn his duty to God and man.' " If such was the character of Mr. Blunt's sermons, I am sorry for it. Most certainly it was not necessary that sermons on the Liturgy should be of so unedifying a descrip- tion. For the Liturgy is itself a most admi- * ["The Master of the Temple says, in his pamphlet entitled, ' Canons and Rubrics of the Church of England considered,' p. 44, 'It may be doubted, whether this constitution of Archbishop Winchelsea, which relates to popish garments, as they were used more than two hundred* years before the Reformation, could be enforced in the present day.' ["If the Act of Uniformity requires that the cope be worn, its having been a popish gar- ment does not make it less requisite. And as the constitution which requires the church- wardens to provide it, is one of the canons ' not contrariant nor repugnant to the laws, statutes, and customs of this realm,' it is still part of our canon law. 25 Hen. 8, c. 19, s. 7. [" If, however, the canon be not binding, there is no way of providing the cope, or of enforcing the use of it ; and so the surplice (to be provided at the charge of the parish) must be worn in preaching the sermon in the communion service. 58 Can. 1603." Ex relat. the Bishop of Exeter.] STATUTA VICTORIA. A.D. 1837—1844. 2051 rable application of God's word to practice; instructing all who study it, most richly, most clearly, most persuasively, in all the great duties of Christians. The Liturgy may be made, and in the hands of an able and zealous minister, as Mr. Hill very honour- ably attests Mr. Blunt to be, might be expected to be made, a most powerful aux- iliary to his direct teaching from scripture. It is, therefore, not with surprise, but with much satisfaction, that I find the testimony of one, whom all who know him will esteem a very competent judsre, the Rev. W. Thomas, vicar of Sithney, to the character of two of these sermons, which only he heard, and of which he writes to Mr. Blunt, in a letter, transmitted to me by the commissioners, that 1 he has no hesitation in repeating now what he had expressed then to his own family, regarding their character, which he consi- dered both interesting and edifying.' It is possible that he may have been peculiarly fortunate in being present at the best speci- mens of those sermons; but, in the absence of other evidence, I must consider his testi- mony so far to neutralize Mr. Hill's as to make me decline to pronounce against Mr. Blunt on this point. "3. 'The disuse of any prayer before or after the sermon.' " When a question regarding the perform- ance of any part of the Book of Common Prayer is brought before me, I feel it my duty, instead of considering what I or others may desire, to look carefully to the 13th and 14th Car. 2, c. 4, (the Act of Uniformity in Public Worship,) because that is the law, which all the authorities in church and state have con- curred in making decisive and conclusive in every such question. I there read that 1 an universal agreement in the public worship' is, for the gravest reasons, declared to be the object of the statute, and in order thereto, 4 that all ministers shall be bound to say and use the morning prayer, evening prayer, celebration and administration of both the sacraments, &c. in such order and form as is mentioned in the Book of Common Prayer.' " I further read (s. 17), that 1 no form or order of common prayer, or administration of sacraments, &c. shall be openly used in any church, &c. other than what is pre- scribed and appointed to be used in and by the said book.' It is plain that this latter clause prohibits all addition to, as the other does all diminution from, the form pre- scribed. "When, therefore, I receive, as I now do, a complaint against one of my clergy for 1 the disuse,' or non-use, 1 of any prayer before or after the sermon,' I examine ' what is prescribed and appointed to be used in and by the Book of Common Prayer' in this respect; and I find there, after the Nicene Creed, and after an order for the publica- tion of divers notices, &c, 'Then shall fol- low the sermon, or one of the homilies already set forth, or hereafter to be set forth by authority. ' " The sermon or homily being finished, 1 Then shall the priest return to the Lord's table and begin the offertory,' &c. " The result is, that no prayer being pre- scribed and appointed either before or after Stat. 3 & 4 the sermon, the minister who uses no prayer, Vict. c. 86. either before or after the sermon, strictly conforms to the law of church and state, and is, therefore, not open to any censure or discouragement from his bishop. " Very true it is, that this practice is now unusual, and that almost all clergymen have been for a very long time accustomed to use, in their parish churches, a collect and the Lord's Prayer before the sermon. So en- tirely is this custom fixed and rooted among us, that I shall probably surprise most of those to whom I am now writing, when I cite from the ' Directions of King George I. to the archbishops and bishops for preserving of unity in the church,' the sixth of those directions, expressly calling on them to pro- hibit this very practice, the propriety of which is now esteemed so fixed and certain, that the departure from it by a minister is made matter of remark, and even complaint. " True it also is, that this royal letter of 1714 directs the bishops 'to require their clergy, in their prayer before sermon, that they do 'keep strictly to the form in the 55th Canon contained or to the effect thereof,' — in other words, the bidding prayer, as it is commonly called, — which is required by the 55th Canon of 1604 to be used before all sermons. " But in respect to the canon which re- quires the use of this form, if there were no authority or practice to the contrary, it must be deemed to be superseded by the rubric which we have just read, so far as concerns the sermon, which is part of the communion service, and could have effect only in the case of sermons at other times, such as in the evening prayer or in the morning prayer on days when the communion service is not used, or in the universities, where, by an ex- press provision of the Act of Uniformity (sect. 23), sermons may be had without being preceded by morning or evening prayer. " But the direction of King George I. is to the effect of requiring the use of the bid- ding prayer generally 'before sermon;' and the notorious practice in cathedrals, even before the sermon in the communion service, is in conformity to it. Whether such a royal mandate, and such a practice in cathedrals, be of sufficient authority to counterbalance the letter of the Act of Uniformity, or rather to shew that the act is to be construed as approving the use of this form, are questions which I am not competent to solve. My own opinion, not unaccompanied with doubt, (by reason of the above cited authority, and of that only,) is, that the canon is superseded so far as concerns the sermon in the commu- nion service. '' But, at any rate, and under any view of the matter, the collect with the Lord's Prayer is not in accordance with the rubric, and is repudiated by all authority, however gene- rally used. If, therefore, a prayer before the sermon be insisted on, it can only be the bidding prayer. " Mr. Blunt, it seems, at first used that prayer, but, entertaining some doubt on the matter, he consulted me. Being so con- sulted, and not being at the time aware of 6 P 2 2052 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 King George's letter, I resolved his doubt by Vict. c. 86. saying, that I considered the Act of Uni- formity as having superseded the .canon, in respect to the sermon in the communion service. " If it be the wish of either clergy or laity at Helston that I should reconsider this my resolution of Mr. Blunt's doubt, as to the necessity of using the bidding prayer, I am quite willing to do so; and then, if I cannot, by further consideration and inquiry, relieve my own mind from doubt on the subject, I will do, as I rejoice that I am enabled by law to do, submit the doubt to the Archbishop of Canterbury for his final and conclusive judgment. " Meanwhile, I think it right to say, with reference to the 55th Canon, which orders the bidding prayer, that even if it be not, in any respect, superseded by the Act of Uni- formity, it will not necessarily follow that it ought now in all cases to be enforced. "For the canon law differs in this respect from the temporal law. Where the reason for any canon has ceased, and where, on that or any other account, it has long been suf- fered by the ecclesiastical authorities to re- main unenforced, it is not necessarily to be at once called again into activity; certainly not without previous notice. " So far, therefore, as regards parish churches, in almost all of which the bidding prayer has long ceased to be used, it may be within the discretion of the ordinary whether to revive the use of it or not. Every ordi- nary, before he shall resolve in the affirma- tive, will probably consider well whether there be sufficient cause for reviving it. Is it, for instance, an edifying prayer ? No — it is not, strictly speaking, a prayer at all — it is a direction to the people, bidding them to pray, and telling them for whom to pray. And this direction is fulfilled most effectually and most faithfully in the prayer for the church militant. Whenever, therefore, the prayer for the church militant is used in its proper place in the communion service, as it ought to be on every Sunday and holyday in every church, whether the holy communion be administered or not, there the whole matter of the bidding prayer is repeated as a prayer, except as regards the queen's titles, which it would manifestly be irreverent to recount in an address to Almighty God. Now, it was the assertion of these titles that the queen is 1 defender of the faith, and in all other causes and over all persons, eccle- siastical as well as temporal, within her do- minions supreme,' which seems to have been one, if not the only main end and object of the canon requiring the use of the bidding prayer. I will not at present enter into the proof of this position. I content myself now with saying, that the object of this 55th Canon is very similar to t'hat part of the 1st Canon which requires 'all ecclesiastical per- sons having cure of souls, and all other preachers, to the uttermost of their wit, knowledge, and learning, to teach, manifest, open, and declare in their sermons, four times at least in the year, that all usurped and foreign power (repugnant to the ancient jurisdiction of the crown over the state eccle- siastical) hath no establishment by the word of God, and is for most just causes taken away and abolished.' " Both the one canon and the other are equally stringent and imperative, and both have long been suffered, wisely I tl ink, to lie dormant. "Should the time ever come when it shall be necessary to re-assert the queen's supre- macy every Sunday in every church in Eng- land— and four times in every year to teach it in sermons — I trust that the bishops will not fail in their duty to enforce both these canons, or the clergy in their duty to observe them. Meanwhile, it will be considered by most men quite sufficient that the bidding prayer be, as it is, used in cathedrals and in universities, and sometimes, and on some special occasions, such as visitations of the clergy, elsewhere. "4. 'The substitution of an extemporary lecture on one of the lessons for a sermon in the evening, this being introduced after the second lesson.' " Mr. Blunt partially admits the fact, and rests his justification of it on the rubric at the end of the catechism, which requires ' That the curate of every parish shall dili- gently, upon Sundays and holydays, after the second lesson at evening prayer, openly in the church instruct and examine so many children of his parish sent unto him as he shall think convenient, in some part of this catechism.' " He says that he cannot catechize at pre- sent, ' there being no middle aisle,' and no other proper place ' to gather the children for the purpose.' ' But he can, and does, instruct from notes, so as to be understood by the young and by the poor, bearing more or less upon some portion of the catechism, and (so as to keep up the church's instruc- tion for the day) founded generally upon one of the lessons.' "As no sermon is required by the rubric in the evening prayer, as the only instruction then required is connected with catechizing, and as the time appointed for such instruc- tion is after the second lesson, I should be of opinion that there is nothing wrong in this particular of Mr. Blunt's practice, which appears to approach as near to catechizing as the circumstances of Helston church fairly admit; did not the Act of Uniformity, 13 & 14 Car. 2, c. 4, s. 22, expressly provide 1 That when any sermon or lecture is to be preached, the common prayers appointed to be read for that time of the day shall be read before such sermon or lecture be preached.' " This, however, is not in itself a matter requiring grave animadversion. It is incor- rect, not required by the church, and rather contrary to its law. But it was, too, an in- novation; and on that account, if otherwise allowable, it ought not to have been hazarded lightly, and without previously ascertaining that it would give no offence to the congre- gation. " My direction to Mr. Blunt, as cited by himself on another point, was general, — * Do nothing new, unless required by the church, which your congregation will not willingly concur in.' 4 STATUTA VICTORIA. A.D. 1837-1844. 2053 " 5. * The compelling all persons to remain in church on sacrament Sundays until the conclusion of the exhortation, on pain of ex- communication ipso facto! A custom, as Mr. Blunt allows, peculiar to this church.' " This matter appears to have been in its effect the most mischievous, as it has been in its progress the most irregular and the least jus- tifiable, of all the particulars stated against Mr. Blunt. " In one point, indeed, the statement itself is somewhat exaggerated; for the utmost which is alleged is far short of ' excommuni- cation ipso facto' — the greater excommuni- cation, cutting off from the communion of Christians. " But I turn to the case itself. " What may be the particular part of the service, and whether there be any, when those who do not propose to partake of the holy communion may properly leave the church, is not declared. Manifestly, they ought not to go before that part of the service begins which is used only at the actual celebration of the holy communion — not, therefore, until after the prayer for the church militant. But ought they to go then ? There is no direc- tion requiring them to go, or recognising their departure. The earlier Books of Com- mon Prayer plainly contemplate their remain- ing during the whole administration; for the invitation to those who come to receive the sacrament was, until the last review, worded thus : ' Draw near, and take this holy sacrament to your comfort; make your hum- ble confession to Almighty God before this congregation here gathered together in His name, meekly kneeling upon your knees.' " In the present form there is no such re- cognition of a congregation, besides those who are about to communicate; yet there is, I repeat, nothing to indicate their departure before the close of the service. " Mr. Blunt wrote to me, requesting my direction, ' where the pause is to be made,' in order that non-communicants may depart. He stated that he had long been accustomed not to make any pause until the end of the exhortation, ' Dearly beloved in the Lord.' His reasons were that the exhortation is, not to communicate in an improper state of mind — that it is a fearful thing to receive unwor- thily; nevertheless, if a person were moved by the exhortation to feel that he ought not to communicate, the shame of exposing his own sense of his own unworthiness by with- drawing, when none but communicants re- main, might tempt him to resist his awakened conscience; that such an evil would be pre- vented, if the congregation continued in the church till the conclusion of the exhortation, when any person who felt himself unfit to communicate might retire, unnoticed, with the rest. " My answer appears to have been as fol- lows : 4 Departure of non-communicants. The reason you give I warmly assent to, for encouraging them not to depart until after the exhortation. Its fitness is specially indi- cated by the address following "Ye that do," &c.' (I may here observe that it accords with the rubric in the order of communion of Edward VI., ' Here the priest shall pause a while, to see if any man will withdraw him- self.') ''On this answer*, Mr. Blunt has founded his justification of the course taken by him. He says, ' This was the bishop's resolution of the doubt ;' and ' henceforth it was his duty, and that of his congregation, to obey it.' He 1 told them of the bishop's decision — ex- plained it to them — and encouraged them to comply with it.' Such is his answer to the charge made against him on this particular. " That charge is stated above; and it ap- pears by the clearest evidence, that instead of encouraging the congregation to remain until after the exhortation, as I had authorized him to do, he used my letter as his authority for declaring that he never would give the communion to any one who should leave the church before the exhortation. It further appears, that on the first of September last, he made this declaration in very vehement language, and under great excitement — in a manner which could not fail greatly to disturb the feelings of his congregation, and to disqua- lify them from partaking of the blessed sacra- ment, which he was then about to administer, in that state of quietude and composure, which alone befit so solemn an occasion. " On this matter my judgment cannot but be most strongly against Mr. Blunt. I blame him for rashness of no ordinary kind, and with little or no excuse. I blame him for his unreasonable use of the sanction given to him by his bishop for edification, not for, destruction. I blame him for the fearful, though I would hope, temporary rent made on that day, between him and his people. I blame him for driving, God only knows how many, meek and pious Christians from the table of the Lord. I blame him for alien- ating from himself and his ministry many whom his talents and zeal and piety might, with God's blessing, have attached to him and to their church. I blame him for hard- ening others, be they many or few, whose factious and schismatical temper might, in- deed, have been proof against all the exer- tions of the meekest and most long-suffering minister — but who would not, in that case, have been able to plead their justification in the violence of him, the special duty of whose office it is, 4 not to strive, but to be gentle unto all men, apt to teach, patient, in meekness instructing those that oppose them- selves ; if God peradventure will give them repentance to the acknowledging of the truth ; and that they may recover themselves out of the snare of the devil, who are taken captive by him at his will.' "From a subject so distressing I gladly turn to other matter. "6. 1 The refusal to read the Lord's Prayer with, or to administer the holy communion to, a man who had been baptized by a Roman catholic priest, the man having previously Stat. 3 & 4 Vict. c. 86. * ["This answer was evidently not intended as an order. The matter is one of discretion ; and the experience of this case seems to indicate, that the non-communicants are not likely to be content to remain so long as Mr. Blunt was authorized to encourage them to stay." Ex relat. the Bishop of Exeter. J 2054 STATUTA VICTORLE. A.D. 1837—1844. Stat.^3 & 4 communicated in our church, and being un- Vict. c. 86. willing that the sacrament should be re- peated.' " This is a very grave charge: to refuse to pray with a dying member of the church, (as this party is here stated to be,) and to admi- nister the holy communion to him, would not only expose any clergyman to the just indig- nation of all who heard of such misconduct, but would also make him liable to very heavy ecclesiastical censures, which the bishop would deem it his imperative duty to inflict. " But what has appeared on the investiga- tion? The main allegation, that 'the man had previously communicated in our church,' was at once abandoned. Not a word was said to justify the statement in this prime particular. Yet the whole charge rested on it. If the dying man was not a member of the church, it was the duty of the minister to decline either to administer the sacrament to him, or to pray with him, as with a member of the church. To pray for him, and in his presence, was, indeed, even then, Mr. Blunt' s duty — a duty which there is no reason to doubt he discharged faithfully and earnestly. After all, the refusal to read the Lord's Prayer amounted to this — that in con- versation with Blake, explaining to him the difference between catholic and schismatic, Mr. Blunt incidentally said, that ' a catholic could not properly use the Lord's Prayer with a schismatic' There was no direct refusal. " It may be right to add, that the office for ' the visitation of the sick ' cannot with pro- priety be used towards a schismatic. If this were otherwise doubtful, all doubt would be removed by the terms of one of the prayers — 1 Preserve and continue this sick member in the unity of the church.1 " Whether this man, Blake, had been bap- tized, is somewhat doubtful — there is only the presumption which arises from his own state- ment, that ' his parents were careful people, and that he had been confirmed by a Romanist bishop in Ireland.' "But supposing him to have been bap- tized, as such baptism was administered by a schismatic, it did not, of itself, make the man a member of the church. And the point for Mr. Blunt to be satisfied upon, before he could lawfully give the holy communion, was, whether he was a member of the church. If not, what was necessary to make him such ? Mr. Blunt offered to baptize him con- ditionally. This Blake refused ; not because of his 1 not being satisfied of the necessity or propriety of a repetition of the sacrament,' as is affirmed in the 1 causes of complaint ;' for it appears that he was, at first, ready to receive conditional baptism — and more than this, that he was anxious that his daughter, who had received baptism from an Irish Ro- manist priest, should be, and she accordingly was baptized conditionally by Mr. Blunt; but, ' because he had been confirmed by an Irish Romanist bishop, and Irish Romanists considered the repetition or denial of such confirmation a most grievous sin.' Was this man to be deemed and dealt with as a mem- ber of our church? Did he renounce the schism in which he was born, and for many years had lived? If not, Mr. Blunt was bound, however reluctantly, to refuse to give the holy communion to him. Much as I lament this case of Blake, I cannot hesitate to sanction Mr. Blunt's decision. " But the ' Causes of complaint,' a paper, of which I must say that it appears to have been drawn with much less of candour than might be expected on such an occasion, car- ries the case further. It says, that ' on Blake's expressing a hope to Mr. Blunt, that he would bury him, he declared he could not do so, unless he was rebaptized.' "Now, what was the real fact? Mr. Blunt sought to avoid wounding the sick man's feelings: instead of making any decla- ration on the subject, or endeavouring to use it as a threat to prevail on him to be bap- tized, he for a long time declined answering the question at all, and it was not until after manytdays of earnest entreaty, that he did at length answer — being desirous that Blake's decision respecting his baptism should be made on higher grounds. All this was told by him to Mr. Hill and others at the time ; yet it is now dragged forth, and thus dis- torted, in order to swell the catalogue of the charges against him. " Whether Mr. Blunt adopted the best mode of testing Blake's fitness and disposi- tion to be brought into the church by thus urging on him, against his will, conditional baptism, is a question which forms no part of the present inquiry. Whether he ought to bury Blake, if he died without renouncing the Romanist schism, and without seeking admission into the church, is also a question on which I am not now called upon to give an opinion. " But I must not dismiss the subject alto- gether without saying, though I do not sus- pect the slightest intention to misrepresent, that Mr. Blunt has not cited my authority, as it was given to him, quite satisfactorily. He says that I only told him, that ' if the man was willing to be conditionally baptized he might very properly administer such bap- tism to him.' Now, this would have been a very insufficient answer to a clergyman ask- ing his bishop how he was to act in a certain case. " The truth is, that Mr. Blunt, after stating the case, proposed two questions: ' 1st. Am I right in supposing that baptism and con- firmation in the Romish schism in England or Ireland do not admit to the holy catholic church?' '2nd. Am I right in supposing that in such a case as that above-mentioned, the proper mode of admission is conditional baptism?' " The first of these questions being a gene- ral question, involving an important point of theology, was not proper to be answered on such an occasion. "The second, under the appearance of being particular, was in truth much too large in its terms. Such a case as that above- mentioned might be, and was not unlikely to be, construed very loosely. " I therefore thought it necessary to con- fine my answer to the one case actually before me, and according to the aspect in which it was presented to me. Now, Mr. Blunt STATUTA VICTORLE. A.D. 1837—1844. 2055 slated in his letter to me, that ' there is no evidence that the poor man has received bap- tism in a right form, or even baptism at all.* This was a position to which I could not ab- solutely assent, after reading what Mr. Blunt had written respecting the man's own decla- rations. But he had questioned the man, and I had not ; he had stated, that the man ' knows not where or when he was baptized.' I therefore did not think myself called upon, even if I were in a condition, to controvert Mr. Blunt's conclusion respecting the ab- sence of all evidence that Blake had been baptized. For this reason, and because I understood that the man himself wished to be baptized, I rested my answer on this one particular. ' In respect to the sick man whom you mention, and who is, I conclude, desirous of baptism, and found by you fit for admission to that sacrament, I think you may very properly use the conditional form of baptism towards him. "*I think this a sufficient answer to direct your practice in this case; and I decline un- necessarily to answer a general question.' "7. 1 The refusal to bury the corpse of a young man, who had been baptized by a dis- senting minister, in a colony where no church minister was to be found.' " The real fact turns out to have been, that the deceased had been baptized by a Wes- leyan minister in London. " But this charge is somewhat varied in the ' Causes of complaint ' — where it is ex- pressed as follows: — 'for refusing to bury any person not baptized by a minister of the established church, in open defiance of the settled law of the land.' " It would be prudent, and, on the part of one who accuses his minister before his bishop, it is demanded by higher considera- tions than prudence, that before that minister be charged with acting ' in open defiance of the settled law of the land,' his accuser, espe- cially if he be himself a lawyer, should first ascertain what 'the settled law of the land* really is. " Up to this day nothing further is the • settled law ' on the subject, than that a mi- nister is bound to bury the corpse of an infant baptized by a layman. " Whether he would be so bound to bury the corpse even of an infant baptized by a heretic or schismatic is not yet ' the settled law of the land;' for that very question is now awaiting the decision of the supreme court of appeal, the judicial committee of her majesty's Privy Council. "But if that question be there decided against the minister, the decision will not apply to the case in which Mr. Blunt refused to bury — namely, the case of an adult who, having been baptized by a schismatic, lived to the years of discretion, himself a schismatic, and died without having been made a mem- ber of the church. "The complaints made against Mr. Blunt in this, and the immediately preceding in- stance, constitute grave ' doubts, concerning the manner, how to understand, do, and exe- cute, the things contained in the Book of Common Prayer.' And, as these doubts have been attended with much warmth of language and bitterness, I fear, of feeling, Stat. 3 & 4 they call on me 'by my discretion to take Vict. c. 86. order for the quieting and appeasing of the same,' as directed by the preface ' concern- ing the service of the church.' " I now resolve these doubts by saying, that neither the office ' for the visitation of the sick,' nor that 'for the burial of the dead,' ought to be used for an adult who, having been baptized in schism, and having lived a schismatic, has never been admitted into the church. " So far as concerns ' the visitation of the sick,' the words already cited sufficiently prove this ; and, surely, if the party be not admissible to the benefit of that office, he cannot be entitled to the office of burial. He could not be so entitled, even if the tone and tenour of the office itself were less conclusive than they are. But who can read the prayers in that office, and think them fit to be used over the body of one who, when living, never was admitted, nor sought to be admitted, into the church ? " Can the church consistently say, that they ' are departed hence in the Lord,' who were not members of his body? Can she number them among the 'faithful?' (a phrase specially appropriated to those who are in full communion with the church,) or speak of them, even in the language of hope, as having ' departed in the true faith of Christ's holy name?' " To decline so to abuse the offices of the church implies no want of charity — no pre- sumptuous denial of the ultimate blessedness of the deceased. We leave them to their and our most merciful Judge, confident that He, who knoweth what is in man, will make all due allowances for the sins and errors of all his creatures, whether they die within his church, or without its pale. But to attempt to break down the pale itself, is an act of presumption which no faithful minister will dare to commit — no humble minded Chris- tian, when duly informed, will persist in asking. " After all, what is there of hardship in the case ? Can they who, while they live, repu- diate our communion, complain, that, when dead, they will not be treated as if they had lived within it ? "8. ' The refusal to marry persons, unless they could prove satisfactorily that they have been baptized.' " It appears that Mr. Blunt requires no further proof that the parties had been bap- tized than their own declaration. " In the paper entitled ' Causes of com- plaint,' this grievance is abandoned, and another is substituted : that in a .particular case, 'Mr. Blunt having discovered, after the first publication of banns, that one of the parties had never been baptized, refused to proceed with the publication.' This state- ment was proved to be not correct. He offered to proceed with the banns ; but as he had informed the unbaptized party that he should not marry him, the banns were with- drawn, and the parties were married before the registrar. "That Mr. Blunt would have been right in refusing to solemnize the marriage of these 2056 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 parties, if their banns had not been with- Vict. c. 86. drawn, is not so clear as he has regarded it. " There .seems, indeed, little doubt, that before the last review of the Book of Com- mon Prayer, no minister could have used this ' form of solemnization of matrimony ' in such a case ; because the communion was part of the form itself, and it was expressly enjoined in the rubric that 1 the new married persons, the same day of their marriage, must receive the holy communion.'' In the pre- sent book, the rubric does not require abso- lutely that the communion be received by the parties, but is content with declaring the fitness of their so receiving — ' It is convenient that the new married persons should receive the holy communion at the time of their marriage.' " This may have left the minister at liberty to decline using the office, if either of the parties were disabled from receiving the holy communion; and if he were at liberty, it might have been ordinarily the better way to refuse to use the office in such case, so long as the use of it was not necessary to the vali- dity of marriage, in other words, before the first Marriage Act, 26th Geo. 2, c. 33. But that act having made the use of this form absolutely necessary to the valid marriage of all, (except Quakers and Jews,) the minister ceased to be at liberty to refuse. " It may be argued — I do not say that the argument would be conclusive — that the late Marriage Act, 6th & 7th Gul. 4, c. 83, permitting marriages to be entered into be- fore the registrars, has restored to the minis- ter liberty to refuse solemnizing matrimony, if either of the parties cannot communicate ; and that, if he be at liberty, it may be his duty to refuse. But if he refuse, it must be before he publishes the banns; for by the 26th Geo. 2, c. 33, s. 1, it is enacted, that ' in all cases, where banns shall have been published, the marriage shall be solemnized in one of the parish churches or chapels, where such banns shall have been published, and in no other place whatever.' And this provision of the first Marriage Act remains unrepealed. " These are all the complaints which were transmitted to me in Mr. Hill's letter of the 12th of September. But there is a matter, on which one of the witnesses seems to have commented, as a part of Mr. Blunt's irregu- lar conduct — and on which much has been said by others — I mean the unpleasant occur- rence at the archdeacon's last visitation at Helston. In this particular, I do not think that any blame attaches to Mr. Blunt; and, in order to show the view taken by me of his conduct, I subjoin a copy of my letter on the occasion to the archdeacon. "'June 14, 1844. " ' My dear Archdeacon, — Having given attention to the principal circumstances stated in your letter of the 12th, and as the same post brought to me letters on the same sub- ject, from Mr. Blunt and Canon Rogers, I conclude that I may consider the whole case to be before me. In relation to any autho- rity from me in this case, it is right that I should say, in the first instance, (so far as my memory, in the absence of letters, permits me,) what has been the extent of my commu- nications to Mr. Blunt. Originally, on his offering himself for a curacy in this diocese, he told me that he could not conscientiously accept any charge in which he was not. at full liberty to follow out all the directions of the rubric. I gave him, without hesitation, an assurance that he should have such liberty ; and I applauded the high feeling and prin- ciple which prompted the demand. " ' I added, if I mistake not, that in every instance in which any of my clergy should express similar determination to follow strict- ly the requirements of the church, he should have my full support, though I did not deem it necessary to give a general order for reviv- ing those usages, and the observance of those rubrics which had fallen into desuetude. I further said, that I permitted him, as I had permitted another, and as I am ready to per- mit any one who may seek the permission, to use my name as ordering the observance in this case — provided this should be deemed important as a protection against the resist- ance of the parishioners. You will see, then, that Mr. Blunt has a right to say that he has my authority, and, if he thinks necessary, my order for the faithful observance of all the rubrics. So far as there is no doubt what the direction of the rubric may be in any particular point, he is not only justified in adhering to it himself on all occasions, but also in requiring it to be adhered to by others, as a condition of his permission to perform any part of the duty in his church. It is distressing to me to find that the assertion of this right, and the acting on this principle, have brought him into collision with any of his brother clergy ; above all, with his archdeacon at the visitation. But I cannot and do not blame him. If he had required that the preacher at my visitation should adhere to the practice introduced by him of strict adherence to the rubric, I should have sustained him in his requisition. The day on which the visitation was held was, it appears, the festival of St. Barnabas. On that 'day the church orders that the communion service be read, and assigns a certain place in that service for the sermon, with certain other portions of the service to follow it. If Mr. Blunt insisted on this, and no more than this, I think that, under the circumstances of his case — espe- cially considering the practice he had suc- ceeded in establishing in his church, with the good-will and concurrence of his parishioners, he exercised a reasonable discretion. I would not willingly go into all particulars. The general question is that which is alone wor- thy of discussion ; because, as I understand the case, it was the general claim of Mr. Blunt, that the preacher should follow the rubric, as observed by Mr. Blunt, which was, in effect, disputed. " ' I am, my dear Archdeacon, " ' Yours very faithfully, " ' H. Exeter. " ' Venerable Archdeacon Sheepshanks.' " I have now considered the reasons for the alleged dissatisfaction of the parishioners of Helston with Mr. Blunt, their minister, stated in Mr. Hill's letter to me of the 12th ultimo. STATUTA VICTORIA. A.D. 1837—1844. 2057 M There remain some others, which are contained in a paper delivered by him to the commissioners, under the title of ' Causes of Complaint on the part of the Church at Helston against the Curate.' " The most important of these I have al- ready incidentally examined, in connexion w ith what has preceded. "1. (Case of Blake, already disposed of.) " 2. ' For frequently addressing the con- gregation from the pulpit, before the sermon, in a vehement and unbecoming manner, re- specting the changes he had made, and pur- posed to make, in the mode of performing the services of the church.' " Upon this it does not appear that the slightest proof was tendered. I must there- fore regard it as unfounded. " 3. (The case of publication of banns, in which one of the parties had never been baptized : considered already.) "4. ' For compelling women coming to be churched to submit to the exposure and fatigue of kneeling at the rails of the com- munion table, where he reads the service, instead of permitting them to remain in the seat appropriated for the purpose, and per- forming the service in the ordinary manner.' " It does not appear that any complaints had been made on the part of any women who had been churched on this account. On the contrary, evidence was adduced to show that no dissatisfaction had existed; and it was stated by Mr. Blunt, in answer to an inquiry put to him, that 1 the number of churchings had immensely increased' since the practice of performing this office at the communion table bad been introduced. " I will remark on this matter, that the rubric directs 1 that the woman shall kneel down in some convenient place, as hath been accustomed, or as the ordinary shall direct.' " At Helston, it seems that recently the place of kneeling for * the women to be churched' has been changed by the church- wardens; it does not appear by what au- thority. " If no special cause be shown to the contrary, I, as ordinary, appoint that they kneel at the rails of the communion table, as being most conducive to reverence and solemnity in the performance of the office, and as being also the place designated by the phrase in the rubric, 1 as hath been ac- customed.' "That this is the meaning of the rubric is manifest from what passed at the Savoy conference (holden by the king's authority to review the Book of Common Prayer pre- viously to the Act of Uniformity, 1661). The rubric in the former book stood thus : •The woman shall come into the church, and there shall kneel down in some conve- nient place, nigh unto the place where the table standeth, and the priest standing by her shall say,' &c. " To this the exception taken was, • In regard that the women's kneeling near the table is, in many churches, inconvenient, we desire that these words may be left out, and that the minister may perform that service either in the desk or pulpit.' Cardwell's Conferences, 334. "The bishops answered, 'It is fit that Stat. 3 & 4 the woman performing especial service of Vict. c. 86. thanksgiving should have a special place for it, where she may be perspicuous to the whole congregation, and near the holy table, in regard of the offering she is there to make. They need not fear popery in this, since in the church of Rome she is to kneel at the church door.' Ibid. 362. " This proves that the present rubric was intended at once to retain generally the practice of kneeling near the table, ' as was accustomed,' and to admit of consideration of special reasons of inconvenience in parti- cular churches, for which the ordinary is empowered to provide. "5. 'For dismissing the church singers, and substituting in their stead some of the national school boys, wholly ignorant of mu- sic, and who being placed in the chancel, at the greatest possible distance from the organ, are quite beyond the control of the organist, whereby the solemn and devotional effect of this part of the service is entirely destroyed.' " The notes of evidence, sent to me by the commissioners, state that ' Mr. Blunt says they were dismissed by the churchwar- dens; but Mr. Clarke, one of the church- wardens, is positive that they were dismissed by Mr. Blunt.' A marginal note is appended in these words : ' They seem to have been dismissed by the concurrence of the church- wardens. E. B.' " It happens that I have a letter from Mr. Blunt, dated so long ago as the 1st of March last, which seems fully to confirm the opi- nion here expressed. Mr. Blunt wrote thus : 'With the help of the churchwardens, I am forming a voluntary double choir, to be placed in the chancel, instead of a most ill- behaved set of paid singers, which are an annoyance to the whole congregation. The present prayer desk is a second pulpit. It would be very advisable to remove this, and place one in the choir, looking south. May I do this, if the churchwardens sanction it?1 " I am glad that I retained a copy of my answer to this letter. The following is what refers to the passage just cited : " ' Voluntary double choir. I highly ap- prove it, if you have ascertained that your parishioners have sense enough not to fancy it popish. " ' Do nothing new, unless required by the church, which your congregation will not willingly concur in.' " It is quite plain, therefore, that Mr. Blunt did not, of his own mere motion, and without the concurrence of the churchwar- dens, ' dismiss the church singers, and sub- stitute boys, &c, who, being placed in the chancel, are quite beyond all control of the organist.' Whether the experiment was wise, and whether it succeeded, or not, is a mat- ter not necessarily connected with this in- quiry. But I think it right to say that the testimony of the organist proves that the school boys were much better placed in the chancel, near to the minister, than in the gallery, where they were under no effectual supervision. " I also think it right to add, that a com- plaint of this sort, and on this subject, comes 2058 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 with an extremely ill grace from Mr. Hill, Vict. c. 86. who took upon himself, in the character of churchwarden, to remove the seats from the chancel, and so force the school-boys back into the gallery, on the 5th of this month, while this inquiry was going on; and per- sisted in doing so after he had been reminded by me, that as his colleague had made the declaration required by the statute, and he himself had not, he was in law, and there- fore in fact, not churchwarden. "6. ('In refusing to bury,' &c, already considered.) "7. ' For tendering to the churchwardens for their signature, conjointly with his own, a notice, to be published, to the effect, that no dissenter should be buried in the church- yard before the hour of eight in the evening, which the churchwardens refused to sign.' " This complaint sesms to me to be made without that fair explanation which the pro- posed notice, on the face of it, presents. It may, indeed, be thought that a mere abor- tive proposal, for the purpose of meeting a great practical evil, hardly merited a place in a formal catalogue of grievances. But if it did, yet common candour demanded, that instead of thus intimating that the notice was directed against 1 dissenters,' as dis- senters, the complainant should have stated, that it was not directed against any parti- cular class or description of persons; but that, in terms of courtesy and charity, it professed deep regret that 4 the conduct of certain parties, in repeatedly interfering with the church's services, and otherwise infring- ing the church's laws, had compelled the mi- nister and churchwardens to make the rule.' " I think it right to remark also, that the date of the notice, the 3rd of July, removes much of the seeming harshness of the pro- posal; 8 o'clock is not, at that season of the year, an hour of unseemly lateness, for mere interment, without any service at the grave. It required no extraordinary degree of cha- rity to presume that it was designed to vary the hour with the season of the year. " 8 and 9. (' For requiring the whole of the congregation to remain in church/ &c. ; and ' for having, on Sunday, the 1st of Sep- tember,' &c. already considered.) " I have thus patiently waded through the long list of grievances stated to me, and the evidence and documents adduced on both sides. I have done this at greater length, and with more of minuteness, than might perhaps have been expected, or might even seem to have been demanded by the nature (of many at least) of the matters complained of. But I have submitted to this most dis- tasteful task, because I feel the deep im- portance to the people, not only of Helston, but of other places to which the knowledge of the case cannot have failed to reach, and to the clergy of the whole of my diocese, that I should testify my firm determination, to the utmost of my power, and in reliance on God's blessing, so to exercise the autho- rity which has been intrusted to me, as shall on the one hand preserve the service of the church from being invaded by rash and un- authorized innovation, and on the other, protect the conscientious ministers of the church from being overborne in their honest and faithful endeavours to carry out the re- quirements of the Book of Common Prayer in all their integrity. "On this occasion I have, unhappily, seen very much indeed to deplore. On the part of the curate of Helston (among minor errors) I have witnessed one instance of most culpable indiscretion, indiscretion which has carried with it its own appropriate and very heavy punishment, by most seriously impairing his usefulness, by robbing him, it may be feared, of much of the confidence and attachment of the best of his people, even of those whose respect he had already begun to acquire by qualifications of no common order, and must otherwise have largely increased ; above all, by encouraging, and in some measure justi- fying, a clamour against him, which has issxied in the present distressing, I am afraid I might add humiliating, investigation. But this punishment, thank God, is temporary, and will tend, we may hope, to chasten and purify that zeal, which, accompanied as I doubt not it is, by high principle, as well as by devoted attachment to the duties of his ministry, will enable him, with God's bless- ing, to be yet a most useful labourer in the Lord's vineyard, even at Helston. " I say, even at Helston; for I would not inflict on those whose opposition to him has been not only bitter, but in some particulars manifestly unjust, the cutting self-reproach, which, if not immediately, yet very soon, they could not fail to experience, if they should be permitted to succeed in driving him with ignominy, and with the destruc- tion of his prospects of usefulness, from a place which already owes to him a debt of gratitude, however partially cancelled, which he is well qualified hereafter most largely to increase. " When, indeed, I look back at the cata- logue of grievances, and see how few of them have been sustained by proofs, and how much fewer have been worthy even of being ex- posed ; when I then remember who it is that brought them forward, a principal inhabitant of one of the principal towns in Cornwall, an honoured member of a profession which must have peculiarly qualified him to esti- mate the value of the charges he was ad- ducing, and the weight of the evidence he had to support them; a sincere and hearty churchman too, who, as such, has long given liberally of his time and talents, as well as of his pecuniary means, to support the cause of the church at Helston ; I cannot ascribe to unworthy motives, that conduct, which, in a less honourable man, it would be diffi- cult to ascribe to any other. I see in it rather a proof of the lamentable delusion, in many instances little short of infatuation, which can discern nothing but popery in every endeavour to restore sound church principles, the surest barrier against popery, and even to fulfil with diligence and faithful- ness the obligations entered into at ordi- nation. " One more astounding instance of this infatuation, and only one, I have indeed wit- nessed, and that is the instance to which Mr. Hill himself refers in the beginning of his STATUTA VICTORIA. A.D. 1837—1844. 2059 letter to me of the 1 2th of September. ■ Mat- ters at Helston,' he says, 1 have been has- tened to a crisis by the publication in a dissenting newspaper of a letter, conceived in an intemperate and grossly offensive spirit, the authorship of which rumour attaches, I grieve to say, to a churchman and clergyman of the established church. I enclose a copy for your lordship's perusal, and I can scarcely bring myself to think that your lordship will be greatly surprised at discovering marks of dissatisfaction among the laity of the town, when a clergyman of another dean- ery considers himself called on to make stric- tures on a brother priest in the public prints. I will not draw the inference which many do from the publication of that letter — "that Mr. Blunt must be deserving of episcopal censure, otherwise no clergyman could be found to condemn him in such unmeasured terms." ' " Public rumour was not wrong. At the demand of Mr. Blunt's attorney, the editor gave up his correspondent — a clergyman, an aged clergyman — one, who having long re- tired from the active duties of his ministry, lives in opulence and good repute at a dis- tance of many miles from Helston. This clergyman, hitherto respected and beloved for his benevolence, for the amenity of his manners, for his general unwillingness to think evil, or to do evil, has been. hurried by his horror of a surplice (!) into a bitterness of invective, which a practised libeller would have had the wisdom to avoid. Would that this were all ! Not only has charity been for- gotten, and candour, and decent attention to facts and evidence, nay, and honesty in citing a document on which he affected to comment, but even the most solemn engagements made at the most solemn epoch of his life. His ordination vows are flung by him to the winds. He had promised at God's table, as one of the conditions of his priesthood, that ' he would, the Lord being his helper, reve- rently obey his ordinary, and other chief mi- nisters of the church, and them to whom the charge and government over him is commit- ted, following with a glad mind and will their godly admonitions, and submitting himself to their godly judgments.' He keeps this promise by sending a series of anonymous letters to a newspaper notorious for the vio- lence of its hostility to the church, arraigning his bishop in terms the most offensive, be- cause that bishop, judging on cases duly brought before him for his judgment, pro- nounced one clergyman blameless, who had acted on the liberty which rubrics and canons expressly gave to him, and refused to censure another for adhering to his own just sense of his own duty. M Again, this aged clergyman, who on the same awful occasion, and under the same so- lemn adjuration, had vowed to 1 maintain and set forwards, as much as lieth in him, quiet- ness, peace, and love, among all Christian people,' has had recourse to the same vehicle of mischief, in order to inflame the minds of the whole population of a considerable town against their pastor, snatching greedily at every silly and every calumnious tale, and giving to them the currency of his own smart writing, and whatever authority they might derive from his own loudly-whispered Stat. 3 & 4 name, thus glorying in the shame of getting Vict. c. 86. up a miserable agitation against a curate — a solitary and almost unknown and un- friended curate, intrusted with the charge of more than three thousand souls. May He who knows the folly of the wisest, and the weakness of the best of His poor creatures, judge with mercy this awful dereliction of all that we had a right to look for in such a man! It is for us, not to judge, but to de- plore— to take warning from his temporary fall— to ' mourn over him, saying, alas ! my brother.' " But I return to my proper subject, and shall conclude with calling on Mr. Blunt to be more cautious than he has hitherto been ; es- pecially to avoid all extempore addresses from the pulpit — a practice not safe to any man, but most hazardous to a fervid and zealous mind like his. Let him be content with per- forming the worship of God according to the real ordinances of our church, in all their fulness if he will, but also in all their simpli- city and all their purity. Let him avoid all unauthorized innovation, above all that worst species of innovation, the revival of bygone usages, not ordered by the church, which are associated in the minds of the people with the remembrance of the superstitions and corruptions of Rome. This, indeed, is not even charged against him. " In the course of this investigation we have seen much of violence and unseemly provocation on both sides — too much, cer- tainly, to allow either party to look back upon it with feelings of exultation, as on a triumph over an opponent. " Yet it can be, and I trust will be, made by both an occasion of a far better triumph — a triumph over prejudices, temper, passions — over feelings, natural it may be, but surely not on that account less requiring that they be subdued. M Instead of perpetuating strife by pub- lishing statements and counterstatements, let me express my hope, or rather my earnest entreaty — an entreaty which churchmen will not on such an occasion suffer their bishop to address to them in vain — that as far as is pos- sible all may be forgotten — every document suppressed — this my judgment with the rest. " Let the parties mainly concerned mutu- ally forgive, and not trouble themselves or others by considering who has most to for- give. There has been great misunderstand- ing on the part of the parishioners, and some injustice in consequence of that misunder- standing. There has been great indiscretion on the part of Mr. Blunt, too, fully account- ing for the resistance and hostility which he has met with. They now know each other better, and will return to the feelings which become the sacred connexion of a pastor with his people. " May their future contests be contests of love — who shall most faithfully serve, and, under the divine blessing, most largely ad- vance, the only cause which can long ba worth their contending for — ' glory to God in the highest, and on earth peace, good will towards men.' " 2060 STATUTA VICTORIA. A.D. 1837-1844. Letter from the Bishop of Exeter to a por- tion of the Inhabitants of Falmouth, in reply to a Memorial addressed by them to his Lordship. " Bishopstowe, Torquay, June 30, 1843. " Gentlemen, — I yesterday received a packet, containing a letter from you, a copy of resolutions passed at a meeting convened by you, and a memorial numerously signed by persons calling themselves ' The congre- gation of the parish church of Falmouth,' which memorial states that ' within the last twelve months various alterations have been introduced in the mode of celebrating service in their church, which, in their opinion, in a great measure destroy the beautiful simplicity and spiritual character of the reformed reli- gion, and assimilate the ceremonies of our church to those of the Romish hierarchy.' The memorialists, therefore, 1 pray that I will examine into those recent changes, and issue such directions as shall induce the rec- tor to restore the services to what they were before he commenced his ministry among them.' "The memorial states no particulars of the changes into which it prays me to exa- mine. But the resolutions enumerate certain matters, designating them as ' grievances,' into which I proceed, as requested, 'to exa- mine.' " They are as follows : — " ' 1. The chanting of Amen — of the Psalter — of the Creeds.' " ' 2. The repeated bowings to the altar.' " ' 3. The display of sacramental plate thereon.' " Of the first of these things, the chanting, one of the resolutions states, that it ' has rendered the Psalter and the Creeds almost unintelligible to the congregation,' that is, to the memorialists, 'and especially to the poorer and juvenile members thereof.' " Now this is to me, I frankly avow, very surprising. Psalms are spiritual songs, and therefore it surely is fit that they be sung or chanted, which I need not say is only a simpler mode of singing, and in which even those who have no skill in music may join. The psalm which precedes the rest in morn- ing prayer, commences, as the memorialists well know, with the words, ' O come let us sing unto the Lord.' The apostle Paul had no apprehension that singing made the matter sung unintelligible, for, after saying to the Colossians, ' Let the word of Christ dwell in you richly in all wisdom,' he immediately adds, as a mode of effecting this, 1 teaching and admonishing one another in psalms and hymns and spiritual songs, singing with grace in your hearts to the Lord.' Accord- ingly, the church of Christ, in the earliest and purest ages, was in the habit of doing what the apostle enjoined; the singing of psalms, especially the Psalms of David and the other inspired psalmists, was always a large portion of the worship of God. Our own church, at the Reformation, followed the course presented in holy scripture, and pur- sued by the primitive church, without being afraid of doing this because it was also done at Rome. Nor did the apprehension of thus making 'this part of the service unintelligi- ble,' even occur to them. For, in 'prefixing the rubrical directions for the performance of this part, tbey expressly say, ' these shall be said or sung.' Now, what Cranmer, Ridley, and other martyred fathers of the Reformation who composed our Liturgy, per- mitted in plain terms, and sanctioned by their practice, I can hardly be expected to forbid, as rendering the service ' unintelligi- ble.' If, indeed, the congregation at Fal- mouth differ herein from the congregations of other towns, not superior to it in intel- lectual advancement or general refinement, and happens, from whatever cause, to dislike chanting, and will be content to ask their rector to gratify them by discontinuing it, and shall do this in a tone of ordinary cour- tesy and kindness, I cannot doubt that he will most readily comply. If he do not, (which I do not anticipate as possible,) they may then very reasonably call on me to in- terpose. " Under this head of chanting, I had al- most forgotten to notice creeds; (I do not forget, but absolutely refuse to notice the Amen.) Now, the creeds are already fully understood, or supposed to be understood, by those who recite them, whether they be said or sung. The chanting of creeds, there- fore, cannot reasonably be an objection as ' rendering that part of the service unintelli- gible.' I turn to other matters. "2. The next is the frequent 'bowings to the altar.' These bowings may or may not be proper; and you give me no intimation whatever which may assist me in discovering in which description they are to be placed. "They may be merely those bowings which are commanded by the 18th Canon of 1603, which command, with the annexed reason, I here subjoin for the edification of yourselves and of the other memorialists. " 'When in time of divine service the Lord Jesus shall be mentioned, due and lowly reverence shall be done by all persons present, as it hath been accustomed ; testify- ing by these outward ceremonies and gestures their inward humility, christian resolution, and our acknowledgment that the Lord Jesus Christ, the true and eternal Son of God, is the only Saviour of the world ; in whom alone all the mercies, graces, and promises of God to mankind for this life and the life to come, are fully and wholly comprised. "That the reverence here enjoined was indeed accustomed is manifest from the 52nd of the injunctions of Queen Elizabeth, in the first year of her reign, (which injunc- tions were subsequently recognised in an act of parliament,) 'That whensoever the name of Jesus shall be in any lesson, sermon, or otherwise, in the church pronounced, due reverence be made of all persons, young and old, with lowness of courtesy as thereunto doth necessarily belong, and hereunto hath been accustomed.' "Need I remind you of a higher authority than kings and queens, acts of parliament, or canons of synods, the hallowed usage of even the word of God itself? 1 He became obedient unto death, even the death of the cross. Whereunto God hath highly exalted STATUTA VICTORIES. A.D. 1837—1844. 2061 Him, and given Him a name which is above every name ; that at the name of Jesus every knee shall bow, of things in heaven, and things in earth, and things under the earth.' Now, if such be the 1 bowings' of which the memorialists complain, as destroying the beautiful simplicity and spiritual character of the reformed religion, and assimilating our services to those of Rome, I, as their bishop, am bound to deplore and to endeavour to remove their unhappy blindness. "Again, 'the bowings to the altar' may be the bowings recommended in the seventh canon of the Synod of 16*40 *, which says that, 'Whereas the church is the house of God, dedicated to His holy worship, and therefore ought to mind us both of the greatness and goodness of His divine majesty; certain it is that the acknowledgment thereof, not only inwardly in our hearts, but also outwardly in our bodies, must needs be pious in itself, profitable unto us, and edifying unto others. We therefore think it very meet and behove- ful, and heartily commend it to all good and well affected people, members of this church, that they be ready to tender unto the Lord the said acknowledgment, by doing reverence and obeisance, both at the coining in and going out of the said churches, according to the most ancient custom of the primitive church in the present time, and of this church also for many years of the reign of Queen Elizabeth. The reviving, therefore, of this ancient and laudable custom we hear- tily commend to the serious consideration of all people ; not with any intention to exhibit any religious worship to the communion table, the east, or the church, or anything therein contained, in so doing, but only for the advancement of God's majesty, and to give Him alone that honour and glory that is due unto Him, and no otherwise.' " Now, if ' the bowings to the altar,' enu- merated among your ' grievances,' be of this kind, I must decline issuing any direc- tions to the rector which may induce him to discontinue them. I do not understand that he attempts to impose them as duties on his Stat. 3 & 4 people. He performs them, it seems, him- Vict. c. 86. self, thereby exercising his Christian liberty, with which I have no right nor inclination to interfere. I do not, indeed, practise this obeisance myself, ' in coming in and going out of church,' but I respect the freedom of others, and I from my heart subscribe to the wise and charitable language with which the canon last cited by me concludes : ' In the practice or omission of this rite, we desire that the rule of charity prescribed by the apostle may be observed, which is, that they which use this rite despise not them which use it not ; and that they who use it not condemn not those who use it.' I have thus noticed the only ' bowing to the altar,' of which I have ever heard as practised by any minister or member of our church ; of these, one it is the duty of your rector to perform , the other is recommended to him by one of the canons. If he practise any others, and if you offer any proof that they are of an improper cha- racter, I shall give to that proof my best attention. But, in the absence of all testi- mony, and even of direct allegation, that your rector's ' bowings ' are thus improper, I must decline calling on him even to explain them. "3. There remains the third and last of your ' grievances ' — of the matters which you, and the other persons who passed the resolutions which you have transmitted to me, have the confidence to characterize as ' contrary to the principles of our reformed religion, and distressing to the consciences of the congregation.' "It is, ' the display of the sacramental plate' on the Lord's table, at times (I sup- pose, though you do not state it,) when the holy communion is not celebrated. " If this harmless, customary, and, in my opinion, seemly usage, the exhibition of the sacramental plate to decorate the table of the Lord, and to testify man's wish to honour God's service with the choicest of his sub- stance, had been deliberately thus character- ized by some hundreds of persons, it would * ["The Master of the Temple, in his pamphlet entitled, i Canons and Rubrics of the Church of England considered,' p. 11, says, 'An act was passed, (13 Car.2,c. 12,) forbidding all ecclesiastical persons whatever from attempting to confirm the Canons q/'1640, or any of them.' [" Rarely has one met with so extraordinary a misapprehension. To speak of an ' eccle- siastical person attempting to confirm' these, or any other 1 canons,' is, on all principles hitherto recognised, absolutely unintelligible. The statute is not worded so absurdly as the learned master conceives. The words cited by him are part of a proviso, that ithe act shall not be construed to extend to give any archbishop or bishop or any other ecclesiastical judge, &c, or other person, &c, any authority to exercise any jurisdiction which, &c, nor to abridge or diminish the king's majesty's supremacy, nor to confirm the canons made in the year 1610:' that is, 'the act shall not be construed to extend,' inter alia, 'to confirm these canons'— or give to them the authority of parliament. ["The master proceeds gravely to argue on his own strange construction of this proviso, that ' if the custom of bowing in churches is sought to be justified by the sanction of these synodical enactments, it is a proceeding which the law appears positively to forbid, for it formally disallows them.' The clergyman 'is evidently an introducer of unauthorized ceremonies, and as such is liable to censure,' &c. [" Now so far is all this from being in accordance with our ecclesiastical law, that within a few months after the passing of the act, convocation appointed, more than once, a com- mittee of bishops, to examine the Canons of 1640, and to declare which of them were in force, as being not contrary to the law of the land, and which were void, as being contrary to the same. (See Cardwell, Syn. 660, 1, 5.) That the 7th Canon, which permits these bowings, is one of those which are void, never before seems to have occurred to any man. ["No canons of any synod since the Reformation have any of their authority from any act of parliament : therefore the proviso, that the 13 Car. 2, c. 12, should not be construed to confirm the Canons of 1640, left those canons untouched." Ex relat. the Bishop of Exeter.] 2062 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 be most painful to contemplate. But I am Vict. c. 86. not so unjust, so uncharitable, or so blind, as to believe that words so palpably extravagant, and even inapplicable, have been deliberately- adopted by the great majority of those who voted for the resolutions, or subscribed to the memorial. I would willingly hope, if it were possible, that they had been deliberately used by none, that they were hastily and thoughtlessly perused as well as subscribed. But glaring facts forbid me to entertain this hope. The bustle of long preparation, the parading of the whole procedure in requisi- tions, placards, and newspapers, force upon me the painful conviction, that there are at Falmouth persons so dead to the feelings which ought to warm and soften the heart of every one that ' nameth the name of Christ,' as to labour to call down public obloquy on a minister of God — their own minister — by the use of words which charity itself can- not believe them sincere in using on the occasion to which they applied them. ' The display of the sacramental plate' on the Lord's table — a display which is made almost in every church where the plate is worthy of being displayed — may, it seems, be described at Falmouth as 1 contrary to the principles of our reformed religion, and dis- tressing to the consciences of the congrega- tion.' Certain of the professing Christians and members of the church in that town have, after much premeditation, solemnly declared this ; and hundreds of others have, ignorantly or heedlessly, subscribed to it. "As their bishop, I dare not forbear tell- ing them all that they have all grievously sinned, although doubtless in different mea- sures, in what they have thus done. Heed- lessness can little extenuate in so plain a case, though malignity may have much ag- gravated the sinfulness which belongs to the proceeding itself. May God give them grace to see and to deplore their sin ! Of one thing they may be sure, that they will not have seen, much less deplored and repented it — as they ought — till they recognise the sacred tie which binds them to their minister. If there be truth in God's word, ' The Holy Ghost hath made him an overseer over them to feed the church of God,' (Acts xxii. 28,) they are bound to ' know him as over them in the Lord, and to esteem him very highly in love for his work's sake.' (Thess. xii. 13.) He may have, and doubtless he has, as every one of us has, many faults. He may have acted on several occasions, as eveiy one of us is liable to act, with imprudence, rashness, want of due consideration for the feelings or prejudices of others. He may even have exhibited these qualities in a more than or- dinary degree (I know not that he has; cer- tainly nothing brought to my notice on this occasion proves to me that he has). But he cannot have so conducted himself as to jus- tify or to excuse the conduct which he has experienced from those who have borne any part in the transaction which I have been compelled thus to deal with. He is on the point of quitting his house and his parish, in search of bodily health to her who is most dear to him. Fop God's sake, for Christ's sake, for your own souls' sake, if you know what Christian love is, let not the pain of his absence for so afflicting a cause be embittered by the recollection that in his last lingering sojourn at Falmouth he was insulted, cruelly persecuted, foully maligned by those who ought to honour him as a father, while they mourn for him as a brother. " I will say no more; I have said enough to those who have hearts to bleed, or con- sciences to feel. May God, in his mercy, pardon and finally accept us all for his dear Son's sake! May He hear and grant this, the humble and fervent prayer of one who is too conscious of his own manifold unworthi- ness, to dwell unnecessarily on the faults of others. I am, gentlemen, with the sincerest wishes for the spiritual and temporal good of yourselves, and of all who joined you in ad- dressing me, your faithful friend and servant, " H. Exeter. " The Churchwardens of Falmouth." Pastoral Letter from the Bishop of Exeter to the Clergy of the Diocese of Exeter. " Bishopstowe, Nov. 19, 1844. " Rev. and dear Brethren, — I address you on a subject of very deep interest to us all — the diversity of practice in the worship of Almighty God, which, in concurrence with other unhappy causes, has threatened to in- volve us in a state of painful, I had almost said perilous, disunion. "That the mischief has not been felt so strongly in this diocese as in some others, while it calls for our especial thankfulness to Almighty God, may, we hope, be ascribed in no small measure to warm and steady attachment to the church on the part of the laity, Ind not less, I rejoice in thinking, to the general soberness and discretion of you, the clergy. " But even here we are very far from being exempt from the common evil. There are parishes in Devonshire, and still more in Cornwall, in which grave misunderstandings have arisen between the minister and the people, from causes for which neither he nor they have been primarily responsible. " Discussions of important principles in other parts of the church, though they found among us no vehement partisans on either side, have led, in several instances, to very painful results. While they have excited in many of the clergy a livelier sense of the responsibility imposed on them by their en- gagements to the church, and have made them solicitous to follow out its requisitions to their full extent; they have at the same time indisposed the laity to the reception of any change, by exhibiting too many instances of the fatal consequences of change, intro- duced, as it has elsewhere been, by private individuals, whether fiom simple desire of novelty, or as part of a systematic attempt to bring back our church nearer to the cor- rupt usages from which it was reformed. " It was therefore actual experience of great, and pressing, and growing evils, which recently induced me to have recourse to the unusual, but strictly canonical, expedient of seeking the advice of those whose office and standing, and I may truly add, whose high personal qualifications, pre-eminently fit them STATUTA VICTORIA. A.D. 1837—1844. 20G3 to form the council of their bishop. " Sixteen members of the general chapter of the cathedral of Exeter, together with the Archdeacons of Totnes and Barnstaple, (the Archdeacon of Cornwall being unfortunately absent through illness,) met in the chapter room, and gave to me the benefit of their united deliberations. Another distinguished prebendary, (reluctantly detained by sick- ness.) sent to us his judgment, founded on long experience in one of the most populous and important districts in Cornwall. " They were unanimous in deploring exist- ing evils, and in apprehending greater, if some timely check be not applied. And, if they were not unanimous in advising what that check should be, this very want of una- nimity gave to me the advantage of more fully hearing all that could be urged by able and experienced men on either side. After a discussion of three hours, more than two thirds of the whole number agreed in advis- ing me, that the only proper, and, under God, the only effectual remedy, appeared to be, at once to restrain all undue change, and to look to the law as our sole guide. Of that law, the law of the whole church of England, including under that comprehensive term not the pastors and teachers alone, but the people also — that is, the state — of that law, one main and leading object, since the Reforma- tion, has ever been to establish ' uniformity of public prayers, and administration of sa- craments, and other rites and ceremonies.' " This object, good in itself, becomes ines- timable, when we look to the evils which it alone can prevent. But uniformity, it is manifest, can only be secured by laying down one rule. This the law has done. And, if process of time have introduced some relaxa- tions in practice, issuing in the great evils we now deplore, it is a convincing proof that the true remedy for those evils must be sought in returning to a faithful observance of the Act of Uniformity. " That act has, in truth, every claim a law can have, on the dutiful and cordial obedi- ence of churchmen. Based on the soundest principles, recognising and declaring the Liturgy itself to be purely spiritual in its origin, and applying temporal sanctions only to enforce the use of it, this illustrious sta- tute bears on it the character of a solemn compact; by which the church, having pro- vided for the nation a pure form of Christian worship, received for that form the assured protection and support of the crown, and all the estates of the realm ; a statute which, for this very reason, is holden to be 1 essential and fundamental,' and is so declared to be in the great constitutional act, the Act of Union between the realms of England and Scotland. " Now, I do not say, that every departure from any minute direction of the Book of Common Prayer, enshrined as it is in this fundamental law, deserves to be stigmatized as a violation of the national compact; but I say, that the duty of strict obedience to it cannot be too strongly felt by any — least of all, by the clergy. To this duty we pledged ourselves in our ordination vows. We re- newed that pledge, as often as we undertook the cure of souls, or were otherwise admitted to serve in any office in the house of God. Stat. 3 & 4 To the strict fulfilment, therefore, of that Vict. c. 86. duty, no faithful minister of God's word will think it a hardship that his bishop should now recall him. He will, rather, gladly recognise the fitness of recurring to it, at a time of general doubt and difficulty, as the one, the only rule, by which our practice in public prayer can be honestly or safely regulated. "And, while a willing and hearty obedi- ence is thus confidently anticipated from the clergy, can we apprehend less ready acquies- cence in the same course on the part of the laity ? Assuredly not — provided that we pre- viously instruct, them in the nature of the changes introduced, and of the reason for which they are introduced — not from love of change, but to prevent change — to enable us, at length, to find a rest for ourselves amidst the fluctuation of usages around us, and to find it in strict obedience to the law. ' ' Need I add, that this very purpose of ensuring stability, as well as uniformity in our public worship, is the very end and ob- ject of the statute, as thus declared in its pre- amble— ' In regard that nothing conduceth more to the settling of the peace of this na- tion, (which is desired of all good men,) nor to the honour of our religion and the propa- gation thereof, than an universal agreement in the public worship of Almighty God ; and to the intent that every person within this realm may certainly know the rule to which he is to conform in public worship and administra- tion of the sacraments, and other rites and ceremonies of the church of England.' " For these reasons I scruple not to ad- dress you all in the language of most earnest entreaty — entreaty which I thankfully ac- knowledge, after the experience of fourteen years, you have never yet disregarded, but which I now put forth with far greater anxi- ety than I ever before testified — that you will all concur with me in discountenancing every attempt to divide us into parties, by render- ing a steady, uniform, and peaceful obedience to the laws of the church, especially in all that relates to the public worship of Almighty God, as enjoined in the rubric of the Book of Common Prayer. If to this my earnest entreaty I add, as I am bound to add, the language of authority and order, you will, I am sure, see in it only the fuller sanction and support of your own desire to act in confor- mity with your own deep feeling of your duty. " I abstain at present from entering into details. Let me, however, say that I advise a very cautious and forbearing tone in all that respects the duty of the laity, as laid down in the rubric. For instance — you are bound to read, at least, one sentence of the offertory whenever the communion service shall be read. But it is left to your discre- tion whether you should read more, in other words, whether you should enforce a collec- tion. " Now, in every church in which the con- gregation in general is prepared to regard the collection as the exercise of a high Christian privilege — the privilege of offering to God— of giving to him of his own — there I advise 2064 STATUTA VICTORIA. A.U. 1837—1844. 3 & 4 that a collection be always made. But . c. oo. wherever the pervading tone and feeling is not yet of this high order, be patient, strive, but strive gently, and with prayer to God, to raise your people to a better mind; and till they have attained to it, shock not their pre- judices, irritate not their selfishness, it may be their worldly-mindedness. Only let them not deceive themselves ; let them see and feel that you 4 seek not theirs, but them.' Tell them the truth in love, and leave the rest to God. " One further caution I would add, though I hope it is almost needless. " While 1 urge you to return to a full ob- servance of the rubric — falling short of your prescribed part in nothing — beware of exceed- ing it. The peculiar dangers of the times, as well as the prevailing tone of public opi- nion, call upon you most powerfully, as you would avoid being in the number of ' them through whom offences come,' to forbear all unnecessary innovation, especially, as I have recently had occasion to urge, that worst kind of innovation, the revival of obsolete usages not required by law, which are associated in the minds of the people with the supersti- tions and corruptions of Rome. " This letter will reach you through your deans rural ; and I advise you to communi- cate together in your several deaneries ; thus of yourselves you will on most points come to an accordance. Should doubts arise, the preface to the Book of Common Prayer, 'concerning the service of the church,' tells you how to act. You are to have recourse to your bishop, who, if he be in doubt himself, is ' to send to the archbishop for the resolu- tion thereof.' "I also advise that you make no devia- tion from the mode in which you may be now severally in the habit of performing divine service, until there shall have been an opportunity of collating the different practices and propositions of the different deaneries. "We may too, perhaps, be thus enabled to profit by the construction put on the ru- brics in other dioceses, if any similar consi- deration of the matter meanwhile be had elsewhere. " One great advantage must arise from this delay, that it will enable us to make all the change which shall be found necessary, at once, and thus to avoid future change. " A very few months at the utmost will more than suffice to enable you to bring all questions to a decision. Should it be ne- cessary for me to explain the grounds of the resolution of any of the doubts submitted to me, an opportunity will soon be afforded, if it please God that I have health and strength to hold my visitation in the next year, which it is my present intention to commence im- mediately after my ordination on Trinity Sunday. " There is one ' diversity,' ' for the quiet- ing and appeasing of which' I will now 'take order.' This I feel myself called upon to do, because, unhappily, the 'diversity' to which 1 refer is regarded by many of the people as exhibiting the badges of party, on one side, at least, if not on both. It cannot, therefore, too soon be settled. " I refer to the use of the surplice in preaching, a matter so inconsiderable, that it could not, of itself, excite any strong feeling in any reasonable man. But the more unimportant it is in itself, the more manifest is the necessity of stripping it of that factitious importance which is given to it by its being made the symbol of disunion. This can be done only by requiring that there be no longer any ' diversity,' that all either use or disuse the surplice when they preach. " If there were no law, one way or the other, there might be difficulty in deciding which to require. But the law, on due in- vestigation, is clear, however complicated may be the inquiry which is necessary to ascertain it. " That law, beyond all question which can now arise, requires that the surplice be al- ways used in the sermon, which is part of the communion service; and as to all other times, whenever a sermon is part of the mi- nistration of the parochial clergy, there is so little reason for question, that I resolve the doubt, by requiring (as it was required in the diocese in which my own ministerial life was passed, the diocese of Durham, and there by the order of one of its most distin- guished prelates, and of our most eminent ritualists Bishop Cosin,) that the surplice be always used. " There remains one matter on which there is no rubrical direction, as it was not contemplated when the Book of Common Prayer was compiled : I mean the sermon at the time of evening prayer. The power of the bishop to order it rests on a modern statute, which does not control his discretion in ordering how it is to be introduced. I therefore direct (and I do so with the ex- press sanction of his grace the archbishop), that, where there is a sermon in the evening, it be delivered after evening prayer, in the accustomed manner; that is, preceded by a collect (unless the bidding prayer be used), and the Lord's Prayer, and followed by the blessing. I hope it is unnecessary for me to add, that there must be no prayer of your own composing either before or after the sermon. " I conclude with entreating you to join with me in fervent prayer to Him ' who is the author of peace and lover of concord,' that He will accept and bless this our humble endeavour to promote peace and concord among us within his own house, and in his own immediate service. " I am, rev. and dear brethren, " Your affectionate friend and brother, " H. Exeter." The Charge of the Bishop of Worcester deli- vered to the Candidates for Ordination at their final Examination, December 22, 1844. "My dear young Friends, — It has been usual for the bishop, on occasions like the present, to address such pastoral advice to the candidates for orders as he may think best calculated to prepare their minds for the solemn engagements which they are about STATU T A VICTORIA. A.D. 1837—1344. 2005 so soon to undertake; and, in performing this important function of his episcopal of- fice, to dwell upon the general duties of the clergy, the doctrines which they are bound to teach, and the habits of life which they should endeavour to form. These aie im- portant matters, and in common times such as cannot be too frequently pressed upon your attention; but, in times like the pre- sent, it appears to me that it is incumbent upon the bishop to be somewhat more par- ticular in his directions to those who are about to embark on troubled waters, and who will need all the assistance which an expe- rienced pilot can afford them. "I have on former occasions, not only in my primary charge addressed to the whole diocese, but afterwards, when opportunities like the present have occurred, of giving advice to my younger brethren in the mi- nistry, deprecated that spirit of innovation which, on the plea of a more punctual obser- vance of the rubric and a respect for the practices of the primitive church, was, I felt convinced, calculated to alienate the affec- tions of the laity from the clergy, and thus to give a fatal blow to our beloved church, which must depend very much, not only for its usefulness but its security, on retaining its hold upon the affections of the people. However necessary it may be to recommend caution and discretion in these matters to the clergy at large, it is more especially so to those who are just entering on the discharge of their sacred calling. It too often hap- pens, that those who have taken a wrong direction, however much they may afterwards be sensible of the evil consecpiences resulting from their indiscretion, are deterred by a false shame, and perhaps by a not unnatural indisposition to give way before the preju- dices of their people, from retracing their steps, and restoring the intercourse between themselves and their parishioners to that happy state of peace and trancpiiliity which may be considered as the general character of our church before a mistaken regard for obsolete forms introduced discord and dis- sension among us. Those of you who are on the morrow to receive the first orders in the church cannot have thus committed yourselves; and it maybe reasonably hoped, that they who have for a short time been ministering as deacons, have been too sen- sible of their subordinate rank in the church to have ventured to take a decided line on these controverted points, till a longer expe- rience had enabled them to weigh certain evils against most problematical advantages. My advice to you then is, that in entering upon your several cures, you retain the privileges you at present possess, of not being committed to a party, and be cautious how you take a course which I am confident you will be anxious to retrace, when you have found that you have lost thereby the affections of your people; but in which a false pride, and the feelings naturally be- longing to party, may induce you, notwith- standing, to persevere. " In reviewing the history of our church since the Reformation, it is hardly possible to note a time when its prosperity and use- fulness was more remarkable than the period Stat. 3 & 4 immediately preceding the publication of the Vict. c. 86. Oxford Tracts. An increased degree of zeal, a more entire devotion to their sacred functions, was manifest among the clergy; and not only did the most complete concord exist between them and the laity, but the latter attested their deep veneration for the church of their forefathers, by contributing most liberally to the erection of churches and the support of church and missionary societies. The service of the church was then performed in strict accordance with the general directions of the rubric; and though, on some trifling points, slight variations had been introduced, it was generally understood, that although these variations could not be legally sanctioned without the authority of convocation, they were made in deference to public opinion, and under the authority de- rived from the tacit acquiescence of the bishops. Schools were multiplied, the great truths of the everlasting gospel were more distinctly* and more generally preached, and such was the impression gradually made on those who had separated from us, by such increased zeal and activity on the. part of our clergy, that in several dioceses not only dis- senting ministers, but whole congregations of dissenters, joined our communion. My brethren, I will not contrast this state of things with that which prevails at the pre- sent moment in other dioceses, and, I fear, in a small portion even of this diocese: but, as nothing human is perfect, and as in all the transactions of life, it must be our lot to decide upon a comparative balance of advan- tages and disadvantages, I will request you to make the comparison, and then ask your- selves whether the advantages, whatever they may be, which can be derived from a minute regard to ritual observances and the usages of antiquity, may not be purchased at too dear a rate, if purchased at such a price. " The limits within which I must necessa- rily confine myself on an occasion like the present will not admit of my going into the various points which have of late been made the matter of so much unpleasant discussion ; but it may be useful to you that I should dwell upon one or two with regard to which you may entertain doubts, and on which you will be compelled to make up your minds when you take possession of your respective curacies. And. first, with regard to the habit which you ought to wear when instruct- ing your people from the pulpit. This is a question which I consider so utterly unim- portant that I have never hitherto thought it worth while to express my opinion on the subject. I have myself been present during the celebration of divine service when the officiating clergyman has thought fit to preach in a surplice, without thinking it necessary to notice such a deviation from the general custom; and though 1 certainly should have been better pleased if no such innovation had been attempted, still I considered the whole matter as much too insignificant to require my interference. What, however, is in it- self insignificant, acquires importance when it is considered as the badge of a party, and when, on this account, it becomes u 6 Q, 2066 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 stumbling-block and offence to others. On Vict. c. 86. this ground I should be disposed to advise you to continue the practice which has so long prevailed of preaching in jour acade- mical habit, even though by so doing you deviated from the precise directions of the rubric. For the sake of those, however, whose consciences are tender on this point, I have carefully considered the question, and I have satisfied myself, and I hope that I may satisfy you, that it never has been the custom since the Reformation for the clergy to preach in their surplices. The whole argument upon this point turns upon the sermon being a portion of the communion service. If, therefore, we can show that the sermon is not a part of that service, there will remain no longer the slightest ground for an innovation which, though in itself indifferent, will be sure to shock the preju- dices and excite the suspicion of your con- gregations. The 58th Canon, which relates to this matter, is thus headed, ' Ministers reading divine service and administering the sacraments to wear surplices;' and it directs that every minister saying the public prayers or ministering the sacraments or other rites of the church, shall wear a decent and comely surplice with sleeves, to be provided at the charge of the parish. Now, can it be said that when we are preaching a sermon we are either saying public prayers or admi- nistering a sacrament? That we are not doing the former is self-evident, and I will proceed to show that the sermon, though introduced in the course of the communion service, forms no part of the proper sacra- mental service of the Lord's supper. It is worthy of remark that in the First Prayer- Book of Edward the Sixth so little were the ten commandments or the sermon considered a part of the sacramental service that, after this portion of the service had been con- cluded, the following rubric occurred: 'That so many as shall be partakers of the holy communion shall tarry still in the quire, or in some convenient place nigh the quire, the men on the one side and the women on the other side. All other (that mind not to receive the holy communion) shall depart out of the quire, except the minister and clerks.' It is clear, therefore, that at that time, so far from the sermon forming part of the sacramental service, a complete interruption occurred after the sermon, during which those who did not mind to receive the holy communion are directed to retire, and then the proper sacramental service commences. This rubric is indeed not repeated in the Second Prayer-Book of Edward the Sixth or in the Prayer-Book which we now use; but it is clear that the like interruption of the service was contemplated, for immediately after the Nicene creed the curate is directed to declare unto the people what holidays or fasting days are to be observed in the week following; and all briefs, citations, and excommunica- tions, are directed to be read; and can this be said to form part of the sacramental ser- vice? 'Then,' the rubric proceeds, 'shall follow the sermon;' so that you perceive that preaching a sermon is classed with reading briefs, citations, and excommuuications, which, certainly, in the words of the 58th Cancn, can form no part either of divine service, or of administering the sacrament, during which ministers are directed to wear a surplice. "The inference which I have attempted to draw from the rubric is further confirmed by the practice adopted at our two univer- sities. It is well known that in no places is a regard for strict ritual observance more observed than in our universities; and yet so little is the sermon considered a part of the sacramental service, that it is preached in a different place and at a different time from the college chapels, where daily service is read and the sacraments are administered; and here I cannot but observe, that if the surplice had ever been worn, as the proper habit of a preacher, it would have been adopted in our university pulpits ; but here we know, that at the present time the gown is always worn, and I believe I may venture to say, that no record exists of the surplice having ever been used on such occasions, and the gown sub- stituted for it ; but such a . change could not have been effected in a place where old cus- toms are so strictly adhered to, as in our uni- versities without authority, and if effected by authority, some record of it would unques- tionably exist at the present day. Again, so far was the sermon from being considered as included in the reading of public prayers or ministering the sacraments, that we know it was frequently preached by some of our most eminent reformers at St. Paul's Cross, and it can hardly be supposed, that the sur- plice was worn on such occasions. The true state of the case I take to be, that you are directed to use the surplice only when read- ing divine service or administering the sacra- ments; you then appear in your proper character of priest or deacon, appointed to minister in holy things; but when you preach, you assume the character of a teacher, and as such your proper habit (if, indeed, proper or improper are fit words for a matter so insignificant) is your academical gown, with a hood, denoting your degree at the uni- versity. " I have thus attempted to prove that it is a mistaken notion to suppose that the surplice is the proper dress for you to wear in the pulpit. If I have not convinced you, I think that you must all admit, that, under the circumstances which I have stated to you, it is at least a doubtful question, and in any doubtful question I feel sure that you would obey the apostle's direction, which ought to have much more authority with you than anything which I can say, and ' follow after the things which make for peace.' " Another change which has, of late years, been attempted in our church service, is the reading of the prayer for the church militant, which, if originally intended to form part of the service, had been almost univer- sally discontinued in our parochial churches, and even in many of our cathedrals. Upon this point the rubrics are certainly incon- sistent. In that which immediately pre- cedes the prayer, the following words oc- cur : ' And when there is a communion, the priest shall place upon the table so much bread and wine as he shall think sufficient; STATUTA VICTORLE. A.D. 1837—1844. 206 after which done, the priest shall say, Let us pray for the whole state of Christ's church militant here on earth.' Did the rubric stand alone, there could be no doubt that the prayer for the church militant was to be read only when the sacrament was about to be administered ; but another rubric occurs, inconsistent with the above, at the conclu- sion of the communion service, where we read, ' That upon Sundays and holydays, if there be no communion, shall be said all that is appointed at the communion until the end of the general prayer for the whole state of Christ's church militant here on earth.' It is difficult to account for these two contradictory rubrics, which appear to have been inserted at the same time, that is, at the second revision of the Prayer Book in the reign of Edward the Sixth ; but as they do exist, it is not extraordinary that the clergy should have felt themselves at liberty to observe which they pleased; and partly on account of the length of the service, so distressing to those who are in advanced years, partly on account of the awkwardness of being obliged again to exchange the gown for the surplice, this prayer became gradu- ally discontinued. And here I cannot but observe, that the disuse of this prayer is of itself a proof that the surplice was not usu- ally worn in the pulpit. Had it been so, there would have been no difficulty in the minister's returning from the pulpit to the communion table, and reading the prayer as directed by the second rubric to which I referred. It was because he wore a gown, and not a surplice, that this practice was found inconvenient, and therefore was dis- continued. " The only other point to which I shall think it necessary to call your especial atten- tion on the present occasion, is the use of the offertory, and the collecting of alms from the congregation on every Lord's day. There is no doubt that originally this collection was intended as- a substitute for the alms which used to be given at the doors of con- vents, and as it is still continued in Scotland and the isle of Man, where no poor rates exist, we may reasonably conclude that it would never have been discontinued in this country, if the poor had not been otherwise provided for by a rate levied on all the parishioners. Thy custom then became al- most universal, that it should only be used at the administration of the Lord's supper. Attempts, however, have of late years been made by some of the clergy, to renew the practice of reading the offertory and making collections every Sunday, for the purpose of procuring contributions towards the support of our church societies ; and where this can be done without offence to the congregation, it is impossible to object to a practice which, while it encourages the charitable feelings of the congregation, might, if extensively adopted, materially aid those most valuable institutions. The consent, however, of the congregation, is a material element in the propriety of adopting such a practice, for we have no right to force upon a congrega- tion, without their consent, what is not strictly legal ; and I have always been inti- mately convinced, that no collections can be Stat. 3 & 4 legally made in a church during the reading Vict. c. 86. of the offertory, except for the benefit of the poor residing in the parish where the church is situated, or under the authority of the queen's letter. The phrase of the ' poor man's box,' which occurs in the rubric, can have reference only to that box which used to be placed in all our churches to receive the alms of the charitable for the benefit of that particular parish. A very curious decision of Sir Littelton Powys, in the reign of George the First, has been lately published, which sets this matter at rest, for it is therein distinctly stated as the law at that time, (and it does not appear that any adverse decision has been since made to reverse it,) that no collections can be legally made in churches during the offer- tory, except for the poor of the parish, but by the leave and permission of the crown. If, therefore, you think fit to restore the use of the offertory in any of the churches where you may be appointed to serve, you will bear in mind, that all the money so collected can only be legally applied to the relief of the poor of the parish. There can be no objection to collections being made for other purposes, in cases where the congregation themselves are consenting parties to them; but, whenever such collections are resisted, it will not be safe for you to persist, while the law upon this subject remains, at best, so doubtful. " I have thus stated my opinion upon some of those points which have been the most fruitful causes of dissension between the clergy and the laity, and in conclusion, I will only refer you to one of the questions which you will be called upon to answer to- morrow. You will be asked, ' Will you main- tain and set forward as much as lieth in you quietness, peace, and love among all Chris- tian people, and especially among them that are or shall be committed to your charge?' To this question you will be required to reply, ' I will do so, the Lord being my helper.' Be assured that your useful- ness in your parishes will very much depend upon your fulfilling the pledge which you will thus give; and if you will go forth to your respective cures anxious to fulfil your sacred duties in the spirit of peace, not per- tinacious about trifles, even if the law be on your side, and still less so if this be doubtful, anxious only to win souls to Christ; and with this view, endeavouring to conciliate the affections of your people while you point out to them the way of everlasting life, ' the Lord will be your helper.' He will bless your ministerial labours with success; and may you hereafter be enabled to appear be- fore his judgment seat, and say with well- grounded confidence, ' Of those whom Thou hast given me have I lost none.' " Letter from the Bishop of Exeter to the Editor, commenting on the Charge of the Bishop of Worcester. "London, 26 February, 1845. "Sir, — In complying with your request, that I would allow you to publish in your collection of the Ecclesiastical Statutes, my 6 Q 2 '2068 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 letter to my clergy, of November 19, 1844, Vict. c. 86. 'On the Observance of the Rubric,' I avail myself of the opportunity to make some re- marks on certain particulars contained in a charge delivered by the Bishop of Worcester to his candidates for ordination, on 22 nd De- cember, of last year, at the very time when the excitement on account of that letter was at its height. His lordship has, indeed, been so good as voluntarily to inform me, that he did not make the remarks on the rubric, contained in his charge, in intentional oppo- sition to those which I had expressed. But as he did therein expressly refer to ' the state of things then prevailing in other dioceses,' — as his remarks did, in fact, impugn mine, and as the publication of them, at that time, did, in fact, greatly stimulate the resistance which was made to me, — I think it right to state the reasons, why I adhere to the opinions which I have given to my clergy on the prin- cipal matters, on which his lordship has pro- nounced a contrary judgment. " I. The first point is, whether the ser- mon be ' part of the communion service,* or be, as the Bishop of Worcester considers it, 'classed with reading briefs, citations, excommunications,' &c. This is the sole ground, on which his lordship rests his judg- ment, that the surplice is not to be worn in preaching. "When I stated that the sermon is 'part of the communion service, ' it is plain that I did not consider it as belonging to the strictly 'sacramental service,' any more than the decalogue, the epistle and gospel, the Nicene creed, the prayer for the church militant, &c, which are to be read whether there be a communion or not. "Now for the statement actually made by me, I have the authority, I believe, of all the ritualists, who have ever dealt with the matter. Let one or two testimonies suffice. 1st, I cite from Nicholls on the Common Prayer ; ' Additional Notes on the Commu- nion Service,' 40. "' Rubrick. After the creed shall fol- low the sermon. This is one difference from the Mass- Book, where there is no sermon there appointed; for they commonly have their sermons in the afternoon. But the church of England hath restored the sermon into the due place of it, after the reading of the epistle and gospel, which, in the ancient church, was the subject of the sermon which followed.' 'From the consti- tutions of the apostles, the custom has been very general, to begin the sermon when the reading of the epistle and gospel was done. The creed was afterwards added and inserted, because of the heresies newly risen.' Ibid. "In confirmation of the accuracy of this statement of the practice of the ancient church, I add a citation from the First Apo- logy of Justin Martyr, written not later than a.d. 150. In the 87th section, he thus relates the ordinary celebration of the Eu- charist. 'On the day which is called Sun- day, there is an assembly in one place of all who dwell either in towns or in the country ; and the memoirs of the apostles or the wri- tings of the prophets arc read, as long as the time permits. Then, when the reader hath ceased, the president delivers a discourse, in which he reminds and exhorts them to the imitation of these good things. We then all stand up together, and put forth prayers. Then, when we cease from prayer, bread is brought, and wine, and water : and the pre- sident in like manner offers up prayers and praises with his utmost power : and the peo- ple express their assent by saying, Amen. The consecrated elements are then distri- buted and received by every one.' Trans- lation of Epistles, &c, Chevalier, 275. "2. L'Estrange, Alliance of Divine Offices, 170. Rubric. After the creed, if there be no sermon. ' In the primitive service, no creed interposing, the sermon immediately followed the gospel, and was an usual expli- cation upon it, whence I conceive the name Postil is derived, quasi post ilia evangelia, postil being nothing but a discourse upon, and subsequent to, the gospel.' It may be well to add, that most of the Homilies of the Fathers were on the gospels of the day. "In our own church, since the Reforma- tion, the sermon has always been considered as part of the communion service. In the rubric of 1549, it is said, 'After the creed ended, shall follow the sermon, or homily, wherein if the people be not exhorted to the worthy receiving of the holy sacrament, then shall the curate give this exhortation to those that be minded to receive the same.' Here, if the sermon is not part of the service, neither is the exhortation. "Lastly, there is a decisive proof, that at the review of the Book of Common Prayer, in 1662, the sermon was distinctly con- sidered as part of the communion service. For at the Savoy Conference, under the head, 'The Order for the Administration of the Lord's Supper,' Rubric, After the creed, if there be no sermon, shall follow one of the homilies, the non-conforming ministers make this exception: 'We desire that the preaching of the word may be strictly en- joined, and not left so indifferent, at the administration of the sacrament.' Card- well, Conf. 318. "So much for the sermon being part of the communion service, on which the Bishop of Worcester tells us, that ' the whole argu- ment ' for the use of the surplice, in preach- ing, 'turns.' "II. The next particular on which his lordship remarks, is the reading of ' The Prayer for the Church Militant.' ' Upon this point,' he says, 'the rubrics are cer- tainly inconsistent.' What are these rubrics, which are thus inconsistent? 1. ' When, there is a communion, the priest shall place upon the table so much bread and wine as he shall think sufficient; after which done, the priest shall say, Let us pray for the whole state of Christ's church militant here on earth.' 2. ' Upon Sundays, and Holi- days, if there be no communion, shall be said all that is appointed at the communion, until the end of the general prayer for the whole state of Christ's church militant here on earth.' " I profess myself at a loss to perceive the slightest inconsistency in these two direc- tions. If there be a communion, the priest STATUTA VICTORIA. A.D. 1837—1844. 2069 is to place the bread and wine upon the table, before he says this prayer :—Jf there be no communion he is to proceed until the end of the prayer, without placing the bread and wine upon the table. "The usage of the church has accorded with this construction of the rubrics. Not only in almost all cathedrals, but in many parish churches, on Sundays and holidays, it is still usual to ' say one or more of the sentences of the offertory, and the prayer for the church militant.' "In all the services for the State holidays, this is invariably ordered. "Nay, it is plainly recognised in the rubric of 'The Form of Solemnization of Matri- mony,' as the constant and necessary usage. 'The banns of all that, are to be married together, must be published in the church three several Sundays or Holy -days, in the time of divine service, immediately before the sentences for the offertory' This, it is true, has been altered in modern Prayer- Books, since the Marriage Act of 26 Geo. 2, c 33 (without sufficient authority) : but the testimony of this rubric to the duty of reading the offertory and the prayer for the church militant remains in full force. "III. The only other particular, to which the Bishop of Worcester directs his observa- tions, is 'the use of the offertory and the collecting of alms on every Lord's day:' but- this will occupy me at some length. " Now, I agree with his lordship, and have so told my clergy, that it is not desirable that this should be done, 'without the con- sent of the congregation.' But I do not agree with him in discouraging the clergy from seeking to bring their congregation to consent to them in this (as I consider it) work of Christian love. "But the bishop further expresses his 'intimate conviction, that no collections can be legally made in a church during the reading of the offertory, except for the poor of the parish, or under the authority of the queen's letter.' He adds, 'A very curious decision of Sir Littelton Powys, in the reign of George the First, has been lately pub- lished, which sets this matter at rest; for it is therein distinctly stated, as the law at that time, (and it does not appear that any ad- verse decision has been since made to reverse it,) that no collections can be legally made in churches during the offertory, except for the poor of the parish, but by the leave and permission of the crown. If, therefore, you think fit to restore the use of the offertory, you will bear in mind, that all the money so collected can only be legally applied to the relief of the poor of the parish. There can be no objection to collections being made for other purposes, in cases where the congre- gation themselves are consenting parties to them.' "On this very remarkable passage, I com- mence my observations, by adverting to its concluding sentence; of which I must not forbear saying, that, while it completely accords with my recommendation to my clergy, it does directly contradict all that his lordship has just before said, especially the vaunted authority of the decision of Sir Lit- telton Powys. 'The money collected at the Stat. 3 & 4 offertory,' says the Bishop of Worcester, Vict. c. 86. ' can only be legally applied to the relief of the poor of the parish,' yet he immediately adds, 'There can be no objection to collec- tions being made for other purposes in cases where the congregation consent.' In other words, that such an application is illegal, can be no objection to it ! "Now this, I say, is not only to contra- dict the bishop himself, but is also in the very teeth of Sir Littelton Powys's decision, of which he has just said that it 1 sets this matter at rest.' "That learned judge's decision did not at all proceed on the non-consent of the con- gregation. Be they consenting, or dissent- ing, (in the case before him, it appeared that the great body of them were not only con- senting, but eager and forward to contri- bute,) he decided that the collection for any purpose, but the relief of the poor of the parish, without the king's letter, was illegal. "In order to do justice to this decision, we must bear in mind several matters, which the Bishop of Worcester did not think it necessary to state. "1. Sir L. Powys was not directly adju- dicating upon the rubric respecting the offertory. The case was one of an indict- ment against certain parties, that 'being evilly and seditiously disposed towards the government of our most excellent lord, George, &c, and averse to the happy esta- blishment thereof, and wickedly desirous of gain, and horridly and unjustly intending to procure to themselves unlawful gains, &c., did conspire and confederate, with the said boys and girls (charity-school children of another parish,) to wander up and down in Kent, &c. in order to collect great sums for the said purposes.' " In the course of the trial, one of the wit- nesses for the defendants, in giving his evi- dence, referred to the rubrics, respecting the offertory, as authorizing the collection in this case; which none of the numerous counsel, (three or four on each side,) had done. Upon this the judge, reporting the case in a letter to the Lord Keeper Parker, tells" him, 'As to the rubric in the communion service, I said I thought that was to be taken secundum subjectam materiam, viz., the or- dinary collection at the communion, which is ever then used to be made for the poor of the parish, but should not extend to every collection the parson should appoint for any foreign charity ; and that I did not till now hear, that the clergy did claim that power. And further I said, I thought these words of the rubric did not imply such a power in the parson for the words being, &c, such a power of appointing a collection at pleasure is as much implied in the churchwardens as in the parson, &c; but that I thought that the parson and churchwardens, either jointly or severally, could not appoint any collection for charity otherwise than in common form for the poor of their own parish, and that those are the charitable uses intended by the rubric, and particularly at the communion, to the service of which these words of the rubric are subjoined.' 2070 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 " Having thus told the lord keeper what Vict. c. 86. he had said, he adds, ' I hope your lordship, on reading that part of the rubric at the end of the communion service, will be of my opinion, which / then suddenly declared, as tj the implication, and do not since alter, unless otherwise convinced.' "2. That an ' opinion thus suddenly de- clared,' on a point incidentally arising, should be invested with the character of an authori- tative decision, is itself somewhat unusual. It would be so, even if the judge had had the whole case before him. But this was not so. It is avowed by himself, that he looked either solely or particularly to the rubric at the end of the communion service, where he read, 1 The money given at the offertory shall be disposed of to such pious and charitable uses as the minister and churchwardens shall think fit.' Of these, he says that they must be f for the poor of their own parish.' " Now, if he had adverted to the rubric after the sentences at the offertory, he would have seen, that ' whilst these sentences are in reading, the deacons, &c, shall receive the alms for the poor, and other devotions of the people.' And if he had adverted to this, is it improbable that he would have paused, before he had decided, that ' and other devo- tions of the people,' meant ' no other devo- tions of the people ' but those which were just designated as ' alms for the poor '? "3. Again, if he had not been obliged to ' suddenly declare his opinion' — if he had had time to consider and reflect, is it impro- bable, that he would have inquired a little into matters, which might illustrate the meaning of these very important words, 1 and other devotions of the people'? If he had done so, he would have found that these words were, for the first time, introduced into the rubric in 1662, seemingly for the very pur- pose of extending the objects for which col- lections were to be made at the offertory, beyond 1 alms for the poor,' the only object mentioned, or implied, in the rubric of any preceding Book of Common Prayer. ** In the First Book of Edward the Sixth, the rubric says, 'In the meantime, whiles the clerks do sing the offertory, so many as are disposed shall offer to the poor men's box every one according to his ability and chari- table mind.' In the Second Book of the same king, in that of Queen Elizabeth, of King James the First, it is to similar effect: 'Then shall the churchwardens, &c, gather the devotion of the people, and put the same into the poor men's box.' But in 1662, in the rubric which is now established by law, the words are enlarged, as is stated above : 'Alms for the poor, and other devotions of the people.' Could any judge, with this fact before him, have ruled that the words, so added, were designed to have no meaning at all ? "4. But, it may be contended that, as it is not stated what are the ' other devotions of the people,' these words have no specific meaning, and therefore may be either re- jected by reason of their uncertainty, or at any rate ought to be limited to parochial purposes. " Now, here a doubt would be stated, ' concerning the manner how to understand, do, and execute the things contained in the Book of Common Prayer.' In such a case, the law has plainly prescribed the course which must be taken; the preface to the Book of Common Prayer, ' Concerning the Service of the Church,' which is part of the Act of Uniformity, has ordered that ' The parties that so doubt, or diversely take any- thing, shall alway resort to the bishop of the diocese, who by his discretion shall take order for the quieting and appeasing of the same; so that the same order be not con- trary to anything contained in this book.' " I presume, therefore, to think, that Sir Littelton Powys, if he had been aware of this rule, thus sanctioned by the statute, would have hesitated long, before he could have thought himself at liberty to put any con- struction whatever on any doubtful words in the rubric. He would have seen that he had no jurisdiction : that it was the bishop only, who had a right to resolve the doubt; and that this right could not be controlled by any court, unless it were so exercised, as should be ' contrary to something contained in this Book.' In the present instance, the Bishop of Worcester adopts, as he has a right to do, the dictum of Sir Littelton Powys, and re- solves the doubt, in his own diocese, by saying that ' alms for the poor and other devotions of the people' mean no more than ' alms for the poor ' of the parish; the Bishop of Exeter, as he has a right to do, resolves the doubt in his diocese, by saying, that the words have not so restricted a meaning, but extend to 'other devotions of the people' ' for pious and charitable uses,' not necessa- rily confined to the poor of the parish. " I have dwelt thus at length on the alleged ' decision of Sir L. Powys, because great importance has been ascribed to it, not only by the Bishop of Worcester, but by other persons, especially by one or two of the dig- nitaries of my own cathedral. " I must now add, concerning it, that I can hardly conceive any decision of any court less commended to our respect by the cir- cumstances under which it was given — at a time of extraordinary political excitement — in a case in which the very indictment in- volved party interests, and stimulated party feelings — by a judge who, even on the bench of justice, gave vent to those feelings, in a manner scarcely paralleled by a Scroggs, or a Jeffries. "Though not a particle of evidence was given to sustain the charge of a seditious conspiracy, and disaffection to the govern- ment, yet this judge thought fit to tell the jury, that ' he was a little suspicious that Mr. H. (the preacher) had Cardinal Alberoni's leave, as well as the Bishop of Rochester's (Atterbury) to make this collection, to carry on worse desiyns; and was confirmed in this suspicion, because the manner of collecting had. some resemblance to that of the Cardi- nal's in Spain;' Cardinal Alberoni at that time, a.d. 1719, being notoriously employed in exerting all the power and influence of Spain, (where he was prime minister,) to place the Pretender on the throne of England! STATUTA VICTORIA. A.D. 1837—1844. 2071 " Tliis same judge, in the same letter in which he reports his conduct on this trial to the lord keeper, boasts of some other of his achievements on the same circuit: viz., 'A man at Rochester, worth nothing, was con- victed before me of drinking the Pretender's health. I ordered him to be whipped in open market twice, till his back was bloody, with a month between the first and second whipping. At Lewes, a man was convicted before me of drinking the health of King James the Third, saying he knew no such man as King George. He had nothing but an annuity of 30/. per annum. J fined him 100/., and committed him till it was paid, and that he should find good sureties for three years. I told him, that by paying 100/. to King George, he would certainly know there is such a person.' "This is the judge, whose decision must, it seems, be taken as having 1 set at rest' the matter respecting the offertory. "Be it so : but if his decision is to be taken at all, let it be taken, not only so far as may be convenient to those who adduce it, but also as far as it really goes. And this is, in Sir Littelton's own words, as follows : " 4 Here in England, no collection even for charity, (unless for the poor of the same parish,) is, by law, to be made, but by the leave and permission of the king, gathering of money being so nice a matter, that it must not be done, even for charity, without his leave, in the most compassionate cases.' This was the great principle of law, laid down by Sir Littelton Powys — this was his decision on the point actually before him; for the construction of the rubric was dealt with incidentally, and only as it might present an exception to his general principle. Of this principle, is it too much to say, that it has received its contradiction in the practice, the deliberate practice, of every judge who has ever sate on any bench of justice in England since the putting forth of this redoubted decision ? " But it has been contradicted not only by practice, but by the most deliberate judg- ments. Be it sufficient to cite the one in- stance, which is exhibited by the reporter of this very trial. At the trial of the rebel lords in 1746, it appeared it had been urged by several gentlemen in different counties, that the voluntary contributions, (not by au- thority of parliament, or the king's licence,) for loyal purposes, were illegal. Lord Hard- wicke, (18 How. St. Tr. 501,) in his speech as lord high steward, said, ' Men of property of all ranks and orders, crowded in with liberal subscriptions, of their own motion, beyond the examples of former times, and uncompelled by any law ; and yet in the most legal and warrantable manner, notwithstand- ing what has been ignorantly and presump- tuously suggested to the contrary.' " Happily, therefore, Sir Littelton Powys's decision has not 1 set the matter at rest.' There may be collections for county hospitals, for church missionary, pastoral aid, conver- sion of the Jews, and other societies — after sermons — without the queen's letter, — which there could not be if that learned judge's decision had settled the matter in the way Stat. 3 & 4 which has been asserted. Vict. c. 86. " I am, sir, " Your obedient servant, UA. J. Stephens, Esq." H. Exeter." Extract from a Charge of the Bishop of Gloucester and Bristol to the Clergy of the Diocese of Gloucester and Bristol. The Bishop of Gloucester and Bristol pro- pounded the following opinions respecting the observance of church ordinances, in a charge to the clergy of his diocese, in August and September, 1844. "It is impossible to regard without un- easiness the dissensions and agitations ex- isting in the bosom of our establishment. Being desirous of avoiding topics of an irri- tating nature, I should probably have ab- stained from all allusion to our internal differ- ences, were there not a danger that from my silence on this subject wrong inferences might be deduced. Having three years ago felt it my duty to declare in plain and un- compromising terms my condemnation of certain publications recently put forth by the reputed leaders of a section of the church, 1 now think it right to avow, that my senti- ments upon those topics have undergone no change, and that all which has since passed has rather confirmed my opinions of the ten- dency of those writings to Romanism, It is painful to my feelings now, as on the former occasion, to have to utter remarks calculated to give pain to some of my clergy, for whose worth and character I entertain the sincerest esteem. But upon subjects of general con- cernment, whatever be my real sentiments, such and such only must I declare. It would be of little avail that you should come toge- ther for the purpose of meeting your dioce- san, and listening to his counsel, unless that counsel were the offspring of his own unbi- assed judgment and mature conviction. Of the party of which public opinion considers the writers in question to be the leaders, I am far from joining in the indiscriminate censures which we frequently hear ; and am ready to allow, that in some respects the church owes to them an obligation. It were to be wished that each particular of their opinions and their practice were candidly and dispassionately considered on the ground of its own merits ; for it is my conviction, that the general adoption of such parts of the sys- tem as are consistent with the spirit and intentions of our Reformers, would do more to obviate any danger apprehended from this party, than all the denunciations of their sup- posed views and designs Not satis- fied with a scrupulous attention to all the minutest injunctions of our rubric, they attempted to introduce forms of which the Anglican church knew nothing, and which, even if they had a certain antiquity to plead in their favour, had been intentionally dis- carded at the Reformation. Besides, atten- tion seemed to be fixed more upon outward ceremonies than upon the spiritual character of our worship; and the church was exalted from being the minister of God's word and sacraments, till it appeared to be all but an ob- ject of adoration. When to this was added a 2072 STATUTA VICTORIES. A.D. 1837—1844. Stat. 3 & 4 constant and studious propensity to commend Vict. c. 86. the practices of the papal church, and to lament ovep our separation, it cannot be wondered, that a fueling of revulsion was ex- cited against the system in many who were tenacious of our apostolical principles, and repudiated doctrines founded upon anything except the written Word of God. Minds imbued with Scripture recoiled from the idea of any mediation except that of our Re- deemer, or of grounding our hopes upon any merits except those of his sacrifice on the Cross for the sins of mankind. On the other hand, the jealousy of which we speak tends to excite suspicions upon the most un- substantial foundation, and thus to keep up a state of agitation and excitement highly pre- judicial to that 'godly quietness' in which we pray that our church may be permitted to serve the Lord. For instance, where a con- gregation has been long accustomed to the omission of the prayer for the church militant after the sermon, and where baptisms have usually taken place either before or after the service, instead of the time prescribed, and when on a sudden a clergyman corrects these irregularities, and likewise gives notice from the communion table of the holy days to be observed in the ensuing week, strange alarm seizes a part of the parishioners ; they regard as innovations what are simply the duties enjoined to their pastor; and after much agi- tation and disturbance, they discontinue their attendance in the house of the Lord. That any such exhibition of ignorance has occurred in this diocese, I have not heard; but else- where it certainly has : and I mention it as one instance of the evil consequences of a disregard of regulations on one hand, and ou the other, as a caution against abrupt and ill-understood reform. Let it be considered, that for the misapprehensions of the laity we may perhaps be ourselves to blame. We know that they are hardly ever acquainted with the canons or the acts of uniformity; and many editions of the Prayer Book have been published, in which the rubric is totally omitted, apparently with the view of dimi- nishing the bulk and price of the volume. I have myself observed some of these impres- sions, which were not the speculation of a bookseller, but proceeded from the press of one of our universities in the latter part of the last and commencement of the present century. "In regard to ceremonies, I cannot do better than entreat that all will consider with attention the remarks of the preface to the Prayer Book, which seem to me so fraught with good sense, with Christian spirit, and with that moderation which is taught by the perusal of the apostolical epistles, that they can hardly fail to procure the assent of all candid minds, to whatever party they may happen to incline." X. A Decent Communion Table. Judgment of Sir Herbert Jenner Fust in Faulkner v. Litchfield & Stearne. This was an appeal to the court of Arches [Jan. 31, 1845] from the Consistorial court of Ely, which had granted a faculty, on the application of the churchwardens of the parish of the Holy Sepulchre, in the town of Cambridge, for confirming certain alteration-, repairs, and restorations made in the parish church, under a former faculty, and extend- ing it to other alterations and repairs not comprised in such former faculty, including a stone communion table and a stone credence table. The minister of the parish, (the Rev. R. R. Faulkner,) was a party to the petition for the former faculty, but not to the appli- cation for the second faculty, which he op- posed in the court below, and he was now the appellant. The facts were shortly these : the church of the Holy Sepulchre, (commonly known as the "Round Church,") had been thoroughly repaired and restored, according to the resolutions of the parishioners in ves- try, under the directions of a committee, (of which the incumbent was a member,) with the assistance of the Cambridge Camden Society. The appellant alleged in his act on petition, that the repairs had been almost completed, and the church nearly ready to be re-opened for divine service, when he learnt, for the first time, that a table, in good and sub- stantial repair, which had stood in the chancel, well suited and commonly used for the cele- bration of the Lord's Supper, and of a kind generally used for that purpose in all churches belonging to the established church in this country, had been removed, without his sanc- tion, and " a stone altar, or altar table, and credence table, such as are erected and used for idolatrous and heretical purposes in popish churches," had been set up instead, the stone altar being moreover cemented to the wall of the chancel, and being, from its form and great weight, incapable of being moved to any other part of the chancel or church; the said erection and fixing of the same being contrary as well to the laws, canons, and con- stitutions of the reformed protestant church by law established in this country, as to the rubrical directions in the Book of Common Prayer, and repugnant, moreover, to the pure and apostolical doctrines maintained and taught by the said church. The church- wardens, (respondents,) in reply, admitting that there was, prior to the faculty, a com- munion table of wood standing in the chan- cel, alleged that it became necessary, in accordance with the design of restoring the church to its original architectural character, and to preserve the uniformity of its internal arrangements, that a new communion table should be provided, and a private contributor to the funds for the restoration of the church having presented, as a free gift to the parish, a new stone communion table, corresponding in design with the interior arrangements of the church, and also a table, usually termed a credence table, for the reception of the bread and wine about to be used in the cele- bration of the holy communion, prior to the consecration of the same, they were, in accordance with the ancient design of the fabric, placed in the chancel ; that the stone table is not cemented or otherwise fixed to the wall of the chancel, nor incapable of being removed if required; that the tables were placed with the unanimous concurrence of the parishioners in vestry ; that the comniu- STATUTA V1CT0RLE. A.D. 1837 — 1844. 2073 nion table is a decent and convenient table, well fit for the due celebration of the holy- communion, and that the other table is assist- ant to the ministration of the same, and nei- ther is repugnant to the laws or lawful usages of the church of England. The respondents annexed to their act a list of churches in which there are communion tables of a nearly similar kind. On the part of the respondents, affidavits of three persons, employed in exe- cuting the repairs of the church, were pro- duced, which stated that the top slab and the three upright slabs of the altar were jointed against the finished plaster of the upright chancel wall with mortar; that it weighs up- wards of two tons, and that the bottom or lower slab, forming the base, was made to rest on concrete, and was firmly embedded in mor«, tar, about one inch below the chancel floor. Sir Herbert Jenner Fust, in a very long judgment, after detailing the allegations and proofs, observed : " In my mind, the motives of the parties have nothing to do with the question, which is one simply of the con- struction of the rubrics, incorporated in the Stat. 13 & 14 Car. 2, called the Act of Uni- formity, and of the Canons of 1603, particu- larly the 82nd Canon; namely, ' Is this, or is it not, a communion table within the meaning of the rubrics and canons, and the general laws, canons, and constitutions ecclesiastical of the realm ?' It would be useless for the court, if it held that this is not a communion table, to grant a faculty, which could not sanction an article illegal in itself. If it should appear that the true construction of the word 4 table,' in the rubrics and canons, is, that it should be of wood, and moveable, not fixed and immoveable, the court must proceed in the same manner as if it were so expressly declared and enacted. " If the fact were material, I should be bound to say, upon the affidavits, that the allegation of the churchwardens, that the table did not adhere to the wall of the chan- cel, is a mere allegation, and that, at the date of the affidavits, (the 12th June, 1844,) the table did adhere to the wall by mortar or cement. But, in my view of the case, this makes no difference ; if the structure is fixed, as it is stated to be, to the floor of the chan- cel, firmly embedded in mortar or concrete, it is just as immoveable as if made to adhere to the wall. " The court has been told, in the act on petition, that it became essential, in order to preserve the uniformity of the internal arrangements of the church, and with refer- ence to its original architectural character, that a new communion table should be erected corresponding to such arrangements ; but the court must never hold, that uniformity of in- ternal style is to be consulted in preference to that which is the object of the statute, namely, uniformity in the performance of divine service ; it cannot sacrifice the greater uniformity to the minor one of internal style and arrangement. And the court might even doubt whether, in point of taste, a great sacri- fice would have been made, when it appears that there ar e three other churches of the same character in which no such table is erected, i t doea not appear that, in the Temple Church, which has been recently repaired and re- Stat. 3 & 4 stored, this kind of communion table has Vict. c. 86. been thought essential. " Now it is admitted that the present ques- tion must be decided by the Act of Uniformity, and the rubrics incorporated therein. All the former Acts of Uniformity were not incorpo- rated into or confirmed by that of Car. 2. But in order to arrive at the true meaning of the expression in the present Act of Unifor- mity and rubric, it may not be improper to consider the sense and meaning attached to the term ' table ' when the alterations were made in respect to the fittings up of churches at the Reformation, and down to the year 1662, when the first edition of the present Book of Common Prayer was published. And in construing acts of parliament, it is the rule, in the first instance, to construe the terms in their usual, general, and popular sense, and only to resort to any other construction where it was clearly the intention of the framers that a more restricted or a wider interpreta- tion should be given to the terms than they would naturally suggest : and in considering which mode of interpretation should be ap- plied, it is proper to see what was the con- temporaneous construction, because contem- poranea expositio est fortissima in lege. What then was the general use of the word when the first change was made from 1 altar ' to ' table,' at the Reformation ? for there must have been some difference between these terms in the minds of the persons by whom the change was made. " Prior to the Reformation, the religion of this country being the Roman catholic, the church of England held the doctrine of tran- substantiation ; that doctrine, at the Refor- mation, was one of the most important points upon which the two churches differed from each other, and by the 28th Article of out church, it is declared to be ' repugnant to the plain words of scripture, overthroweth the nature of a sacrament, and hath given occasion to many superstitions.' It is neces- sary, therefore, to see what a ' table ' was at that time, and what an ' altar,' and whether the terms were indifferently used : whether it was not meant that there should be a change in the form as well as the name. M It is important to tins inquiry to see, in the first place, what were the requisites of altars at the time when these structures were used in our churches before the Reformation. Cardinal Bona, {Be Rebus Liturgicis, lib. 1, c. 20,) gives the origin, history, and condition* of altars from the earliest times. They were at first of wood ; subsequently, of stone or wood ; but at length it was required that no altar should be used that was not of stone : ' Sancivit Ecclesia ut nemini liceat celebrari nisi in altari lapideo consecrato.' The con- struction varied ; sometimes they were sup- ported by one pillar, and sometimes by two, the most recent being in the form of tombs, ' tumuli formam referebant, tanquam marty- rum sepulchral and they were to be fixed and immoveable, adhering to the place in which they were erected. Cardinal Devoti, in his Insiitutiones Canonicce, (vol. 2, tit. 7, lib. 2, sec. 12,) speaks much to the same effect. The court may, therefore, safely conclude that, at 2074 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 the time of the Reformation, the altars in our Vict. c. 86. churches were of stone, fixed and immove- able, and generally in the form of tombs of the martyrs. "Upon the renunciation of the doctrine of transubstantiation by the reformed church, it became necessary to remove from the minds of the people all those superstitious notions con- nected with that doctrine. Up to the acces- sion of Edward the Sixth, however, mass con- tinued to be celebrated ; and we find, in his First Prayer Book, (1549,) that, in the Order for the Celebration of the Mass, the word ' al- tar' was used; but in the Second Prayer Book, (1552.) very material alterations were made in that service. In the First Prayer Book, the communion service is described as ' The Supper of the Lord and the Holy Commu- nion, commonly called the Mass;' ki the Second, it was called ' The Order for the Administration of the Lord's Supper or Holy Communion,' and the word 4 table' was sub- stituted for ' altar.' " [The learned judge pointed out with great minuteness the several variations between the two Prayer Books.] " In the Second Prayer Book the following direction is given : ' And to take away the superstition which any person hath or might have of the bread and wine, it shall suffice that the bread shall be such as is usual to be eaten at the table with other meats.' This seems to throw a very important light upon the meaning of the word 1 table ' in the Second Prayer Book. " But in the interval between the publica- tion of the two Prayer Books, certain events had occurred, and various orders and injunc- tions had been issued directing changes in the place where the sacrament was to be administered. In 1547, orders were given for the taking away and utterly destroying all shrines and monuments of superstition. In 1550, Bishop Ridley issued his Injunc- tions to the clergy in the diocese of London, 4 for that the form of a table may more move and turn the simple from the old supersti- tious opinions of the popish mass, and to the right use of the Lord's supper, we exhort the curates, &c, to erect and set up the Lord's board after the form of an honest table,' and 4 to take down and abolish all other by-altars or tables.' And it appears, from Cardwell's Documentary Annals, (No. 24, p. 100,) that an order in council was issued to take down all altars, and to place .tables in their stead; and Burnet's History of the Reformation, (vol. 2, part 2, p. 31,) states that letters were sent to every bishop to 4 pluck down the altars,' the reason as- signed being that of 4 removing the people from the superstitious opinions of the popish mass, and because table was a more proper name than altar for that on which the sacra- ment was laid.' It is proper to keep this consideration in mind with reference to the alterations made at this time, when com- munion tables came to be used instead of altars. 44 It is clear that, in the reign of Edward the Sixth, the communion table was no longer of stone and fixed, but of wood and moveable, and was required to be placed in the body of the church or in the chancel, where the minister could be most conveniently seen and heard. In the reign of Mary, the acts passed in the preceding reign regarding religion were re- pealed; but upon the succession of Queen Elizabeth, in 1558, the statutes of Philip and Mary were, in their turn, repealed, and the orders contained in the Second Prayer Book of Edward the Sixth became again the rule for the administration of the sacrament. The ob- ject of this alteration was stated to be, the re- moval of the old superstitions connected with the popish mass, and one mode of effecting it was to be by the abolition of all altars, and the substitution of tables. This change must mean something more than a mere alteration of name, for the mere change of the name would have left the old superstitious notion of a sacrifice still remaining; the alteration must have been a substantial, not a merely nominal one." [The learned judge then referred to the order of Queen Elizabeth in 1559, 44 For Tables in the Church," which directed that 44 the holy table in every church be decently made, and set in the place where the altar stood, and so to stand, saving when the com- munion of the sacrament is to be distributed, at which time the same shall be so placed in good sort within the chancel, as whereby the minister may be more conveniently heard, &c. ; and after the communion done, from time to time, the same holy table to be placed where it stood before." Also to the Interpretations and further Considerations of the Injunctions, drawn up by the archbishops and bishops, M That the table be removed out of the choir into the body of the church, before the chancel door, and where the choir seemeth to be too little, or at great feasts or receivings, and at the end of the commu- nion, to be set up again, according to the Injunctions." Also, to the Advertisements, 15 6 4 , 44 That the parish provide a decent table, standing on a frame, for the commu- nion table." Also, to Archbishop Parker's Inquiries, 15 6 9 , 44 Have you a comely and decent table for the holy communion, covered decently, and set in the place prescribed by the queen's majesty's Injunctions ?" Also, to Archbishop Grindall's Injunctions, 1571, that 44 all altars were to be pulled to the ground, and the altar-stones defaced, and bestowed to some common use ; the prayers and other service appointed for the ministration of the holy communion to be done at the communion table;" and to his Articles of Inquiry, in 1576, when translated from York to Canter- bury, 4 4 Whether in your churches and chapels all altars be utterly taken down and clean removed even unto the foundation, and the place where they stood paved, and the wall whereunto they joined painted over and made uniform with the rest?" Also, to the Report of the proceedings of the queen's commis- sioners at the cathedral church of St. Paul, at their visitation in 1559, (set forth very fully in Strype's Annals,) directing the re- moval of altars and the substitution of decent tables for the celebration of the Lord's sup- per. Also, to the demolition of the stone altars in Westminster Abbey, and generally throughout the diocese of London.] ST A TUT A VICTORIA. A.D. 1837—184-1. 2075 "In the year 1571, (the reign of Eliza- beth,) a set of canons and constitutions ec- clesiastical was published, in one of which it is expressly stated of what material the com- munion table should be made, namely, of wood : 4 mensa ex asseribus composite junct a.' (See Cardwell's Synodalia, vol. 1, p. 123.) Therefore, beyond all doubt, in Queen Eliza- beth's reign, the communion table was not only moveable, but made of wood. In the reign of James the First, the present canons were published; and the 82nd, though it does not expressly say, as that of 1571, that the table shall be 'ex asseribus juncta,' directs that it shall be a ' decent table,' and be placed, when the holy communion is to be administered, ' in so good sort, within the church or chan- cel, as thereby the minister may be more conveniently heard of the communicants in his prayer and ministration.' That it is to be moveable is implied by its having a dif- ferent position at one time and at another." [After referring to the contests respecting the mode of administering the holy commu- nion in the reign of Charles the First, and reading and commenting upon a passage from Lord Clarendon's History of the Rebellion, in which he speaks of Archbishop Laud's proceedings regarding the position of the communion table, and implies that it was then not of stone and not fixed, but move- able, referring also to the part taken by Williams, bishop of Lincoln, in the dispute, the learned judge read copious extracts from a tract, entitled The Holy Table, Xat)ie and Thing, printed at Lincoln, 1637, and attri- buted to Bishop Williams, wherein reference is made to a dispute between the vicar of Grantham and his parishioners, respecting the proper place in which the holy table should stand, the vicar insisting that it should stand at the upper end of the chan- cel, against the east wall; the parishioners contending for the body of the church: the bishop, being appealed to, gave his decision that the table should stand, when not used, in the upper end of the chancel, "not altar- wise, but table -wise," and when used, "the churchwardens are to cause the clerk or sex- ton to remove it either to the place where it stood before, or any other place in church or chancel where the minister may be most audibly heard of the whole congregation;" and with reference to an alleged threat of the vicar that he would set up a stone altar, the bishop says, "You may not erect an altar where the canons admit only a communion table." The judge also referred to other tracts upon the same subject, (/. e., the posi- tion of the table,) taking different sides of the controversy, namely, Antidotum Lincolni- ense, 1G37, by Dr. Heylin; Altare Christia- nnm, 1637, by Dr. Pocklington; Superstitio Superstes, 1641; and a Discourse of Proper Sacrifice, 1644, by Sir Ed. Dering.] "Therefore, at this time (in 1637) things stood in precisely the same state as they did in the reigns of Edward the Sixth, and Eliza- beth ; there was a complete annihilation of the ancient structures ; the tables were no longer immoveable, they were no longer of stone ; they were of wood, and moveable. From this time, I cannot see that any alteration was made in any of the rubrics of the Book Stat. 3 & 4 of Common Prayer till the time of the Re- Vict. c. 86. storation. Two instances were adverted to in the argument, as shewing that the proper place for the table was considered to be altar -wise at the east end of the chancel, there to remain; but upon an examination of those cases, it appears to me that they go the other way. The cases are, that of Cray- ford church, in 1633, and that of the church of St. Gregory, London, in the same year, and although the tables are directed to stand at the upper end of the chancel, it is not said permanently ; and in the latter it is expressly stated that its position might be changed as the ordinary 'may find cause.' And so in the 1 Orders and Directions for the Diocese of Norwich,' by Bishop Wren, 1636, 'that the communion table in every church do stand always close under the east wall of the chancel of the church, the ends thereof north and south, unless the ordinary give particular direction otherwise.' • 1 Then we come to the real point : has any alteration been since made ? Did the rubric of 1 662 introduce any variation ? The word 1 table ' is used throughout, and the present rubric affords no reason to suppose that any different sense was attached to the word than that which is given to it by com- mon use. There is also a provision in the rubric for the communion service, guarding against any superstition connected with the bread and wine used in the ceremony, fol- lowing up the alterations made in the reign of Edward the Sixth, with reference to the superstitions associated with the doctrine of transubstantiation. And looking at the word ' table ' itself, as used in the rubric, would any one suppose that it meant such an object as is represented by the model before the court ? Any flat surface raised from the ground, and supported by pillars or other- wise, may be called a table ; but a stone table of such a weight and such dimensions, imbed- ded in the floor, does not correspond with the ordinary and popular meaning of the word. Upon my construction of the rubrics, there- fore, I have no doubt that the article was meant to be a table in the popular sense of the word, and I have no difficulty in holding that the faculty in this case cannot issue. " With respect to the credence table, I do not find sufficient information to enable me to judge when these tables were first intro- duced. It is clear that they were in use in the English churches before the time of Archbishop Laud, because he refers to bis use of one as an article of accusation against him, and justifies himself by representing that the table had been used by his predeces- sors, and, amongst others, by Bishop An- drews; but it was considered that this was strong proof of his desire to introduce popish rites and ceremonies. The derivation of the term ' credence table ' is referred to the Italian language, and it is said to mean what Archbishop Laud calls it, 4 a sideboard.' The question is not of much importance ; but in Adelung's German Dictionary we have the following definition of the word : 4 Credenzen, from the Italian " credenzare," to taste be- forehand the meats and drink before they 2076 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 report (1) (2) as having offended against Yict. c. 86. bishop of the diocese within which the o: are offered to be enjoyed by another : an ancient court-practice, which was performed by the cup-bearers and carvers, who for this reason were also called credenzer: hence also the credenz-teller, credence plate, on which the cup-bearers credenced the wine ; and in general a plate on which a person offers anything to another; credenz-tisehe, credence table, or sideboard, an artificial cupboard, with a table, for the purpose of arranging in order and keeping the drinking apparatus therein.' " I am of opinion that the credence table must follow the same principle as the other ; for, though in use in the Greek and Latin churches, it forms no part of the fittings-up of our churches, and is not to be considered a communion table, or part of a communion table, in the proper meaning of the term. "Iam bound, therefore, to refuse to con- firm the faculty granted by the court below, from a conscientious impression in my own mind that it never was the intention, from the time of the Reformation, when stone altars were removed, to continue articles of this description ; for I cannot conceive how it differs from an altar in a Roman catholic church, except that it has not received conse- cration; with this exception, having two open fronts and two upright slabs, it does not mate- rially differ from the tombs of the martyrs as described by Cardinal Bona. " I pronounce for the appeal, reverse the sentence appealed from, and I am bound in justice to Mr. Faulkner to condemn the churchwardens in the costs of the proceed- ings on the appeal." [The foregoing report was communicated to the Editor by the learned Reporter of the Ecclesiastical Notes of Cases.] (1) Concerning whom there may exist scandal or evil report: —An ecclesiastical court may entertain a suit against a clergyman for the purpose of deprivation of or suspension from his ecclesiastical preferment, by reason of a public scandal existing against him ; although the scandal originates from a charge which, if true, would constitute a criminal offence cognizable solely in a common law court; and although no conviction by the common law is pleaded. Thus, in the office of the Judge promoted by Burder v. , (3 Curt. 822,) which was a cause of office and a proceeding under Stat. 3 & 4 Vict. c. 86, and was brought into the court of Arches by letters of request from the Bishop of , it appeared by the decree, which had issued in pursuance, and on acceptance of these letters, that the reverend gentleman therein named was called on to answer to certain articles, heads, positions, or interrogatories, touching or concerning his deprivation of or suspension from his ecclesiastical offices and preferment. The object sought was not pro salute (minus, or pro reforrnatione morum, but the court was asked to pronounce a sentence of suspen- sion from, or deprivation of his clerical func- tions as against this gentleman. the said laws, it shall he lawful for the ft'ence is alleged or reported to have been The articles were given in, and stood for admission; the party cited then undertook to shew cause, why he should not be sus- pended or deprived from the exercise of his ecclesiastical offices and preferments, and so the matter came before the court. The arti- cles were eighteen in number; in the first place, they set forth that, by the general laws ecclesiastical, all clerks and ministers in holy orders were enjoined to abstain from all immorality, obscenity, and indecency what- ever. The second article pleaded, that the party cited was a priest or minister in holy orders; and was, in the year, &c, duly elected one of the perpetual priests, vicars choral, or minor canons of the said cathedral church. The third article exhibited the pro- per instruments of appointment to these offices. The fourth article pleaded, that this same party was in the year licensed by the Bishop of to perform the office of lecturer in the parish church of, &c. ; that he entered upon the duties of such lectureship, and had ever since continued to act, and acted as lecturer to the said church. The fifth article exhibited the episcopal licence. The sixth pleaded that the party was, on, &c. , duly admitted and instituted to the vicar- age of . The seventh exhibited the usual document in supply of proof. The eighth, that the party was, on, &c, duly appointed chaplain to the county gaol. The remaining articles set forth the charges brought against this gentleman, and detailed the facts and particular circumstances, which were, when proved, to subject him to depri- vation or suspension. It was contended that these articles were not admissible, because the court was incom- petent to try the charge on which this suit was founded, and was therefore prohibited from en- tertaining the suit. That temporal offences, of whatever nature they be, were not examinable in the spiritual courts, which decided on writ- ten evidence, and that if the court had jurisdic- tion, every archdeacon had the same authority. That the court of Arches could take no cog- nizance whatever, either for examining into a charge, or punishing a party if convicted in a temporal court ; as regarded a clergyman, the court of Arches had no jurisdiction to exa- mine into a temporal crime, in the first in- stance, but that if the party be convicted in a temporal court, there arose out of that con- viction a fame or scandal, which the ecclesi- astical court might take cognizance of, in order to found a suit for punishing the party by ecclesiastical censures, by suspension, or by deprivation. That the scandal in this latter case arose out of the conviction, not out of the charge; and that the law consi- dered every party charged to be innocent until he be proved guilty, and that the only legal proof of guilt was a conviction by oral evidence in a temporal court. Nash v. Nash, 1 Consist. 140. Searle's case, Hob. 121; 1 Consist. 141, in not. Bromley v. Bromley, Ibid. Slader v. Smalbrooke, 1 Lev. 138; 1 Sid. 217. Hart v. Marsh, STATUTA VICTORIA. A.D. 18.07—1844. 2077 committed, on the application of any p think fit of his own mere motion to issue 5 A. & E. 602. Pawlet v. Head, 2 Lee (Sir G.), 565. Towmend v. Thorpe, 2 Ld. Raym. 1507. Mogg v. Mogg, 2 Add. 292. Price v. Clark, 3 Hagg. 271. Galizard v. Rigault, 2 Salk. 552. It was contended by the counsel in support of the articles: That all ecclesiastical juris- diction might be comprised under three heads: 1st, ratione privilegii, or persona; 2nd, ratione causa; 3rd, ratione loci. That as a general proposition, the amotion or expulsion of a member was incident to a cor- poration aggregate, (Newcombe v. Higgs, Fitzg. 169;) such privilege being incident to the established church, and was exercised by the ecclesiastical courts. That this might be proved, first, by practice, Lyndw. L 2, tit. 2, pp. 92, 96; 1. 3, tit. 28, p. 260; tit. 29, p. 268; L 5, tit. 5, p. 292; tit. 9, p. 308; tit. 14, p. 313; tit. 15, p. 315; secondly, by the sta- tutes passed from Edward the First to Henry the Eighth relating to the purgation of clerks convict, which were collected in Gibson, pp. 1120 to 1132. That Searle's case, (Hob. 121,) was a solitary case, which occurred at a time when the ecclesiastical courts were struggling for their very existence ; (see the conference between Archbishop Bancroft and Lord Coke, 2 Inst. 598.) Slader v. Smal- brooke, (1 Lev. 138; 1 Sid. 217,) occurred after the Restoration ; in that case the eccle- siastical court was proceeding to try a for- gery, and yet a prohibition was denied : that Higgonv. Coppinger, (Jon. Sir W. 320,) illustrated the principle, so did Lucy v. Wat- son (Dr.), Bishop of St. David's, (Ld. Raym. 447; 14 St. Tr. 447,) which shewed, that the bishop might punish his clergy by depri- vation or ecclesiastical censures for offences contrary to their ecclesiastical duties and vows. That an indictment at law for an offence similar to that under consideration would not he if framed in the mode used in the articles : that Regina v. Rowed, (3 Q. B. 180,) the Bishop of Clogher's case, (Annual Register for the year 1822,) and Free v. Burgoyne, (5 B. & C. 404; 1 Dow & C. 115; 2 Bligh N. S. 65,) had completely es- tablished the jurisdiction of the ecclesiastical courts to proceed, in a case of this nature, for the purposes of deprivation of or suspen- sion from clerical functions or offices : and that the proceedings were not for punish- ment, but were brought diverso intuitu et diversis rationibus. Counsel in reply argued, that the case in Levinz's Reports was a proceeding as to which the ecclesiastical courts had undoubted jurisdiction ; and that the question of forgery was incidental to the inquiry; therefore, a prohibition was well denied, that it might with equal reason be contended that the ecclesiastical court could not take cognizance of a question of granting probate, because a will was opposed on the ground of forgery. And that the court had no jurisdiction in the matter. Price v. Clark, £ Hagg. 270. Upon such facts and arguments, Sir Her- bert Jenner Fust observed; "In support of arty complaining thereof, or if he shall Stat. 3 & 4 a commission under his hand and seal to VlCT- c* 86, the objection, that the ecclesiastical courts have no jurisdiction in the present case, the court has been referred to several cases, recording instances, where it has been held, that this court is not at liberty to proceed, for the punishment of offenders, for charges for which they are liable to be proceeded against and convicted in criminal courts; several of these instances being cases against clergymen, or persons holding spiritual or ecclesiastical offices. As a general proposi- tion, this doctrine must be acceded to; the question is, whether, for the purpose for which this suit is brought, this court has not jurisdiction where the party proceeded against is a clergyman? As against lay- men, whatever may be the nature of the charge, undoubtedly the court has no juris- diction to entertain a criminal suit; but it is by no means so clear, that, for the pur- pose of suspension from clerical offices, the court cannot proceed against a clergyman. The distinction arises from the different ob- ject of the proceedings against a layman and a clergyman ; and , admitting the general rule, that the ecclesiastical court cannot pro- ceed against either a layman or a clerk in orders for the purpose of punishment, the question is, whether, as against the latter person, it may not proceed to try the charge for the purpose of suspending or depriving the offender from clerical duties and prefer- ment? "The case of Free v. Burgoyne, (5 B. & C. 404; 1 Dow & C. 115; 2 Bligh N. S. 65,) both in the King's Bench and the House of Lords, proceeded on this ground, — that the spiritual court had no cognizance of a crime punishable in the temporal courts, except for the purpose of deprivation from ecclesiastical offices; I confess it appears to me to go a great length in support of the proceedings in the present case, which are instituted against this gentleman, not for punishing him for a temporal offence, but to prevent him retaining possession of the eccle- siastical preferment which he now holds. " I was referred, in the course of the argu- ment, to the case of the Bishop of Clogher; (Annual Register for the year 1822 ;) I have not a copy of the proceedings in that case, nor have I been able to obtain them; the bishop certainly was outlawed, but still, it was held, that as bishop he was liable to be proceeded against and deprived of his see for the offence imputed to him; the outlawry might have been equivalent to a conviction, and so far this would be a different case. Reference was also made to another case; it was not described by any title, but as a case before the judicial committee, on an appeal from the island of Jersey [since reported, nom. The Dean of Jersey v. The Rector of , 3 Moore's P. C. Ca. 299]. A writ, in the nature of a writ of prohibition, issued from the royal court in that island, to the ecclesiastical court, whereby that former court annulled certain proceedings in the ecclesias- tical court, and ordered, that all the acts 2078 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 five persons, of whom one shall be his vicar-general, or an archdeacon or rural dean Vict. c. 86. within the diocese, for the purpose of making inquiry as to the grounds of such which referred thereto should be erased from the records of the court. From this last sentence there was an appeal to her majesty in council; and I may here say, that the roval court in Jersey corresponds, to some extent, with the court of Queen's Bench in this country. The judicial committee came to the opiniun, that the writ had issued wrongfully, and they reversed it ; in the result it was held, that the ecclesiastical court in Jersey was at liberty to institute that particular proceeding. When that case was before the judicial committee, I sat as one of the judges, and I pronounced the judgment of their lordships; the case turned on the construction of the canons by which the ecclesiastical law in the island of Jersey is governed, and on one canon in particular, the 17th. It provides, 'That everyone of the ministers shall be careful to observe that decency and gravity of apparel which becomes his profession, and may preserve due respect to his person ; and they shall be very circum- spect in the whole course of their lives, to keep themselves from such company, actions, and haunts, as may bring any blame or blemish upon them. Nor shall they disho- nour their calling by games, taverns, usuries, trades, or occupations not befitting their functions, but shall study to excel all others in purity of life, gravity, and virtue.' The 22nd Canon is directed against particular offences, and, amongst them, fornication, and applies equally to the clergy as to the laity. It was held, by the court royal, that, under this general canon, the ecclesiastical court had no power to take cognizance of offences triable in the temporal courts; but the judi- cial committee held, that, under the 17th Canon, and another, (the 46th,) the ecclesi- astical court had power to proceed against members of the church and clerks in holy orders ; for the purpose of restraining them in such habits of life. The result of the judgment of the Privy Council was to relax the prohibition, and to allow the ecclesias- tical court in Jersey to proceed. "That case is somewhat of a similar de- scription with the present, for it was there alleged, ' That rumours of a most serious nature had for some time past been publicly circulated touching the conduct of ; accusing him of leading a most scandalous life, and of having committed indecent as well as criminal acts; to the great scandal of religion, and especially of the established church of which he is a minister.' " That case does seem to me to go the length of declaring, that the ecclesiastical court has jurisdiction over clerks in holy orders, for the purpose of deprivation and suspension ; although, to a certain extent, that may be punishment; but still punish- ment is not the object of the proceeding ; the object is to remove the party from the office in relation to which he has so misconducted himself. I am of course now considering that the facts charged in these articles may be established in proof ; and the court does not mean to go in detail through these arti- cles ; I do not understand them to charge an actual offence, but a series of acts obscene and indecent in themselves. This person was the chaplain of a jail, and in the course of that duty a person was committed to his care and superintendence; and the charge is that of vicious propensities existing, and to be proved by overt acts. In the case from Jersey it was argued, that as the offence was laid, evidence of actual guilt might be given; but that objection was disallowed, and it was said, it was a proceeding to remove a scan- dal, and that the possibility of such evidence being given, was no ground for issuing the prohibition. Surely! no clergyman can be suffered to remain in the cure or possession of an ecclesiastical benefice whilst labouring under such an imputation as these articles charge ; it may be mere report, but still it is a scandalous report, and it arises out of con- duct. I should like to know how parish- ioners can receive the communion, hear the prayers of the church read, or receive conso- lation in their dying moments, from a person labouring under such imputations as are here charged ? Are his parishioners to receive advice or consolation at the hour of death from this party ? Must not the effect, if the ecclesiastical court has no jurisdiction to interfere in such a case, be, that the parish- ioners, from the actual disgust which must arise even from the imputation whilst unre- futed, will abstain from any communication with the party; and, if he be allowed to remain in his benefice, will not the effect be virtually to deprive the parishioners of any of those spiritual offices and benefits which they are entitled to expect and require at the hands of their minister ? " I am, therefore, of opinion, both upon principle, and the authority of the cases to which 1 have referred, that there is no ground whatever for concluding the jurisdiction of this court ; and I consider that this court has jurisdiction to examine into this case for the purpose of deprivation and suspension ; and not only to entertain the suit, but to pro- nounce a sentence either of suspension or deprivation as may seem meet to this court, and according to the magnitude of the offence, to be shewn by the evidence to be produced against the clergyman against whom these charges are made; provided the charges be substantiated in evidence. I am, therefore, of opinion, that these articles are admissible, and accordingly, I admit them to proof." (2) Scandal or evil report: — In Burder v. , (3 Curt. 838,) it was held, that the minutes of the resolution of visiting justices respecting the improper conduct of the chaplain to a jail were not evidence as against the chaplain; Sir Herbert Jenner Fust stating: — " I think, however, that there is one of the concluding articles which is not admis- sible. This reverend person appears, in ad- dition to his other preferment, to hold the office of chapiain of a jail, and it is against STATUTA VICTORIA. A.D. 1837— 1844. 2079 charge or report : provided always, that notice of the intention to issue such Stat. 3 & 4 commission under the hand of the bishop {I), containing an intimation of the VlcT- c« 86' nature of the offence (2), together with the names, addition, and residence of the Notice to be him in the discharge of his duties of that office, that this offence is imputed. The ar- ticle is the seventeenth, and it refers to in- quiries made privately by the visiting justices of the jail; and the conclusion to which they came, namely, that the party should be sus- pended from his office, whereupon he re- signed his appointment; and the article has annexed a paper purporting to be a true copy of the minutes of the resolution of the visiting justices, as entered upon the journals of the jail. I cannot see how this can be made evidence in any way; I cannot see how, because these justices take upon them- selves to inquire into a certain report, and upon the evidence they receive in the course of that investigation, feel bound to exercise the discretionary power reposed in them, and to suspend this party from his office of chaplain, that can be evidence against the party in this cause. With respect to the evidence to be adduced, this is not the time to enter upon a discussion of, or to give any opinion upon that point ; the parties by whom these charges are to be proved, may, as has been said, be persons whose testimony will not be entitled to receive any credit ; it may prove so, but the court cannot deter- mine, a priori, whether they are or not competent to give evidence ; or whether their testimony will or will not be sufficient. "Therefore, at the present moment, I content myself with rejecting the seventeenth article ; admitting the rest of the articles to proof; and reserving all questions until hear- ing of the cause." (1) Notice of the intention to issue such commission tinder the hand of the bishop: — In reference to the foregoing language, Sir Herbert Jenner Fust, in Sanders v. Head, (3 Curt. 48,) observed: " I consider the notice as a preliminary proceeding, in order to institute further pro- ceedings before the commissioners, which further proceedings are themselves only pre- liminary proceedings. I think in this case, the notice is not to be considered as part of the proceedings, but merely as preliminary. " It is stated in the sixteenth section of the act, 1 Provided always, that the archbi- shop or bishop who shall have issued the commission hereinbefore mentioned in any such case, or who shall have heard any such case, or shall have sent any such case by letters of request to the court of appeal of the province, shall not sit as a member of the judicial committee on an appeal in that case.' So that any bishop or member of the Privy Council who has issued a commis- sion could not sit, but any bishop who has sent the notice might: there is nothing to prevent him from sitting. " I consider this, as only a preliminary step to inform the party, that proceedings may be issued against him, but as no part of the proceedings whatever. I think this same interpretation applies with reference to the other sections of the act of parliament." The following is the form of commissions issued in the diocese of Norwich, when cler- gymen refuse and neglect to perform their ministerial duties {Ex relat. J. Kitson, Esq., secretary of the Bishop of Norwich] : " Edward, by divine permission, Bishop of Norwich, to our beloved in Christ, the Reve- rend C C , clerk, vicar of , one of the rural deans of the deanery of ; the Reverend R H , clerk, vicar of ; the Reverend E E , clerk, rector of ; the Reverend A M • , clerk, rector of ; and the Reverend T T U , clerk, rector of , all in the county of Norfolk, and within our diocese of Norwich, greeting. Whereas the Reverend A. B. clerk, rector of the rectory and parish church of M , in the said county of Norfolk and our said diocese of Norwich, is charged with an offence against the laws ecclesiastical, to wit, by refusing and neglecting to perform his ministerial duty : and whereas we, rightly and duly proceeding under the authority and in conformity with the provisions of a certain act of parliament passed in the session of parliament held in the third and fourth years of the reign of her present majesty, entitled, 'An Act for the better enforcing Church Discipline,' did on the day of now last past, being fourteen days at the least before the issuing of this our commission, send notice under our hand to the said A.B., that it was our intention to issue a commission under our hand and seal to five persons, one of whom should be our vicar -general, or an archdeacon or rural dean within our dio- cese, for the purpose of making inquiry into the grounds of such charge : We therefore, by virtue and in further pursuance of the said recited act, do of our own mere motion issue this our commission to you the said C C , the rural dean aforesaid, r H , E E , A M , and T T U , for the purpose of making inquiry as to the grounds of the aforesaid charge: and we do hereby autho- rize and empower you to make such inquiry, and to proceed in the execution of this commission in the manner directed by the said recited act. Given under our hand and seal the day of , in the year of our Lord one thousand eight hundred and , and in the year of our consecra- tion. " Edwd. Norwich." (L.S.) (2) Intimation of the nature of the of- fence:— Doubts have existed whether a ge- neral intimation of the offence will be suffi- cient, or whether time and place ought to be named and adhered to. The inquiry is in every respect preliminary, not final or conclusive; and it seems no greater degree of particularity is positively required, than that which is generally observed in a magis- terial summons. But it is respectfully submitted, that, in proceedings under Stat. 3 & 4 Vict. c. 86, the 2080 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 cS: 4 Vict. c. 8(i. previously given. Proceedings of the commis- sioners. Report of the commissioners. Bishop may pronounce sentence, by consent, with- out further proceedings. Articles and depositions to be filed. party on whose application or motion such commission shall be about to issue, shall be sent by the bishop to the party accused fourteen days at least before such commission shall issue. " IV. And be it enacted, that it shall be lawful for the said commissioners or any three of them to examine upon oath, or upon solemn affirmation in cases where an affirmation or declaration is allowed by law instead of an oath, which oath or affirmation or declaration respectively shall be administered by them to all wit- nesses who shall be tendered to them for examination as well by any party alleging the truth of the charge or report as by the party accused, and to all witnesses whom they may deem it necessary to summon for the purpose of fully prosecuting the inquiry, and ascertaining whether there be sufficient prima facie ground for instituting further proceedings; and notice of the time when and place where every such meeting of the commissioners shall be holden shall be given in writing under the hand of one of the said commissioners to the party accused seven days at least before the meeting ; and it shall be lawful for the party accused, or his agent, to attend the proceedings of the commission, and to examine any of the witnesses ; and all such preliminary proceedings shall be public, unless, on the special appli- cation of the party accused, the commissioners shall direct that the same or any part thereof shall be private ; and when such preliminary proceedings, whether public, or private, shall have been closed, one of the said commissioners shall, after due consideration of the depositions taken before them, openly and publicly declare the opinion of the majority of the commissioners present at such inquiry, whether there be or be not sufficient prima facie ground for instituting further pro- ceedings. " V. And be it enacted, that the said commissioners or any three of them shall transmit to the bishop under their hands and seals the depositions of witnesses taken before them, and also a report of the opinion of the majority of the commis- sioners present at such inquiry whether or not there be sufficient prima facie ground for instituting proceedings against the party accused ; and such report shall be filed in the registry of the diocese ; and that if the party accused shall hold any preferment in any other diocese or dioceses, the bishop to whom the report shall be made shall transmit a copy thereof, and of the depositions, to the bishop or bishops of such other diocese or dioceses, and shall also, upon the application of the party accused, cause to be delivered to such party a copy of the said report and of the depositions, on payment of a reasonable sum for the same, not exceeding two pence for each folio of ninety words. " VI. And be it enacted, that in all cases where proceedings shall have been commenced under this act against any such clerk, it shall be lawful for the bishop of any diocese within which such clerk may hold an}r preferment, with the consent of such clerk and of the party complaining, if any, first obtained in writing, to pronounce, without any further proceedings, such sentence as the said bishop shall think fit, not exceeding the sentence which might be pronounced in due course of law ; and all such sentences shall be good and effectual in law as if pronounced after a heaving according to the provisions of this act, and may be enforced by the like means. " VII. And be it enacted, that if the commissioners shall report that there is sufficient prima facie ground for instituting proceedings, and if the bishop of any diocese within which the party accused may hold any preferment, or the party complaining, shall thereupon think fit to proceed against the party accused, articles shall be drawn up {I), and, when approved and signed by an advocate practising in bishops are bound by the principles of im- partial justice to forward every information which they possess to the respondents, four- teen days before the issuing of the commis- sion ; and that the appellants should be strictly confined to the charges upon which the commission issued. In the office of the judge promoted by Steward v. Francis, (3 Curt. 209,) it was held, that a citation in a cause of office must describe sufficiently the offence charged a- gainst the party, so as to shew, that it is a matter of ecclesiastical cognizance, but that it need not minutely specify all the parti- culars of the offence which are to be charged in the articles. (1) Articles shall be drawn up:— It seems that the articles must be exclusively drawn STATUTA VICTORIA. A.D. 1837—1844. 2081 Doctors Commons, shall, together with a copy of the depositions taken hy the commissioners, be filed in the registry of the diocese of such last-mentioned bishop ; and any such party, or any person on his behalf, shall be entitled to inspect with- out fee such copies, and to require and have, on demand, from the registrar, (who is hereby required to deliver the same,) copies of such depositions, on payment of a reasonable sum for the same, not exceeding two pence for each folio of ninety words. " VIII. And be it enacted, that a copy of the articles so filed shall be forthwith served upon the party accused, by personally delivering the same to him, or by leaving the same at the residence house belonging to any preferment holden by him, or if there be no such house, then at his usual or last known place of resi- dence ; and it shall not be lawful to proceed upon any such articles until after the expiration of fourteen days after the day on which such copy shall have been so served. "IX. And be it enacted, that it shall be lawful for the said last-mentioned bishop, by writing under his hand, to require the party to appear, either in person or by his agent duly appointed, as to the said party may seem fit;, before him at any place within the diocese, and at any time after the expiration of the said four- teen days, and to make answer to the said articles (1) within such time as to the bishop shall seem reasonable ; and if the party shall appear, and by his answer admit the truth of the articles, the bishop, or Ms commissary specially appointed for that purpose, shall forthwith proceed to pronounce sentence thereupon accord- ing to the ecclesiastical law. " X. And be it further enacted, that every notice and requisition to be given or made in pursuance of this act shall be served on the party to whom the same respectively relate in the same manner as is hereby directed with respect to the service of a copy of the articles on the party accused. " XI. And be it enacted, that if the party accused shall refuse or neglect to appear and make answer to the said articles, or shall appear and make any answer to the said articles other than an unqualified admission of the truth thereof, the bishop shall proceed to hear the cause, with the assistance of three assessors, to be nominated by the bishop, one of whom shall be an advocate who shall have prac- tised not less than five years in the court of the archbishop of the province, or a sergeant at law, or a barrister of not less than seven years standing, and another shall be the dean of his cathedral church, or of one of his cathedral churches, or one of his archdeacons, or his chancellor ; and upon the hearing of such cause the bishop shall determine the same, and pronounce sentence thereupon according to the ecclesiastical law. " XII. And be it enacted, that all sentences which shall be pronounced by any bishop or his commissary in pursuance of this act shall be good and effectual in law, and such sentences may be enforced by the like means as a sentence pro- nounced by an ecclesiastical court of competent jurisdiction. "XIII. Provided always, and be it enacted, that it shall be lawful for the bishop of any diocese within which any such clerk shall hold any preferment, or if he hold no preferment then for the bishop of the diocese within which the offence is alleged to have been committed, in any case, if he shall think fit, either in the first instance (2) or after the commissioners shall have reported that there is Stat. 3 & 4 Vict. c. 86. up from the evidence given before the com- missioners. (1) Make answer to the said articles : — The respondent cannot be examined as a witness upon oath ; but he can object against the illegal reception of evidence, and exer- cise all the rights of counsel. It likewise seems, that the respondent can claim to be heard by counsel. (2) In the frst instance: — In the office of the judge promoted by Sanders v. Head, (3 Curt. 32,) it appeared that the Bishop of Exeter gave notice of his intention of issuing a commission for the purpose of making inquiry as to the grounds of certain charges against a clerk in orders, under Stat. 3 & 4 Vict. c. 86, s. 3; and without withdrawing such notice, his lordship issued letters of re- quest to the Arches court of Canterbury. It was held, that the letters of request were sent to the Arches in the first instance, as required by the 13th section of the statute. Sir Herbert Jenner Fust observing: . . Considering the notice as not a commencement of the proceedings, so as to bar the bishop of the right of sending the case to this court ; G R Service of copy of the articles on the party. Bishop may require the party to appear before him ; and may pro- nounce judg- ment on ad- How notice and requisition to be served. Proceedings on a hearing before the bishop. Sentence of bishop to be effectual in law. Bishop may send the cause to the court of appeal of the province. 2082 STATUTA VICTORIA. A.D. 1837—18-14. Stat. 3 & 4 Vict. c. 86. Judge of the court may ma&e orders for expediting such suits. No appeal from interlocutory decree. Bishop em- powered to inhibit party accused from performing services of the church, &c. sufficient prima facie ground for instituting proceedings, and before the filing of the articles, but not afterwards, to send the case by letters of request to the court of appeal (I) of the province, to be there heard and determined according to the law and practice of such court: provided always, that the judge of the said court may and he is hereby authorized and empowered from time to time to make any order or orders of court for the purpose of expediting such suits or otherwise improving the practice of the said court, and from time to time to alter and revoke the same : provided also, that there shall be no appeal from any interlocutory decree or order not having the force or effect of a definitive sentence, and thereby ending the suit in the court of appeal of the province, save by the permission of the judge of such court. " XIV. And be it enacted, that in every case in which, from the nature of the offence charged, it shall appear to any bishop within whose diocese the party accused may hold any preferment, that great scandal is likely to arise from the party accused continuing to perform the services of the church while such charge is under investigation, or that his ministration will be useless while such charge is pending, it shall be lawful for the bishop to cause a notice to be served on such party at the same time with the service of a copy of the articles aforesaid, or at considering it not necessary that the letters of request should contain the name and de- scription of the person on whose application or at whose mere motion the case was com- menced in the first instance : I overrule the protest. I entertain no difficulty whatever in the case. I assign the party to appear absolutely." The decision was appealed from, but was affirmed by the judicial committee of the Privy Council, and the cause remitted to the Arches court. (1) Court of appeal: — Where, after a commission of inquiry, a case is sent, under Stat. 3 & 4 Vict. c. 86, s. 13, to the court of appeal of the province by the bishop of the diocese, within which the clerk proceeded against holds preferment, the articles must be confined to offences committed within that diocese; and commissioners, under the 3rd section, are bound to confine their inquiry within the diocese of the bishop who issues the commission. Thus, in the office of the judge promoted by Homer 8f .Bloomer v. Jones, (9 Jurist, 167,) which was a question as to the admis- sibility of certain articles against a clergy- man for incontinency, the case was brought before the court by letters of request from the Bishop of Worcester. The requisite pro- ceedings under the statute had taken place, and the commissioners reported, that there was prima facie ground for instituting fur- ther proceedings. The articles then brought in, pleaded several acts of incontinency com- mitted within the diocese of Worcester, but the 6th pleaded an act of adultery committed in the city of Lichfield. It was urged, in opposition to the arti- cles, that this 6th article was inadmissible under Stat. 3 & 4 Vict. c. 86, as it charged a clergyman holding preferment in one dio- cese with the commission of an offence in another. And that the article was not only inadmissible in itself, but that it vitiated the rest of the articles, because the whole of the present proceeding was founded upon the report of the commissioners, and non con- stat, that they did not make their report upon the evidence given in support of this particular charge, into which they had no business to have inquired. But it was con- tended upon the opposite side, that although the Bishop of Worcester could not have in- vestigated this charge, yet the court, which had jurisdiction over the whole of the pro- vince, might, and, therefore, the article was admissible. Upon such facts and arguments, Sir Herbert Jenner Fust observed : "This is a criminal proceeding under an act of par- liament, intituled, 'An Act for better en- forcing Church Discipline,' the 23rd section of which enacts, ' that no criminal suit or proceeding against a clerk in holy orders of the united church of England and Ireland for any offence against the laws ecclesias- tical, shall be instituted in any ecclesiastical court, otherwise than is hereinbefore enacted or provided.' It is, therefore, quite clear, that these proceedings must be strictly ac- cording to the statute. The 6th of these articles contains a charge of adultery against this clergyman, and this act of adultery is alleged to have been committed in the city of Lichfield. The diocese of Lichfield, I must presume, extends over the city of Lich- field. The party proceeded against holds preferment in the diocese of Worcester, and the commission was issued by the Bishop of Worcester. It is very certain that he, the Bishop of Worcester, could not take any notice under the statute of this offence, which was committed beyond his jurisdiction. But it is said, that, although the bishop could not, yet that this court, as possessing jurisdiction thi-oughout the whole province of Canterbury, might receive the charge. Now, the case is sent here by letters of request, which letters embody the pro- ceedings before the commissioners, and those proceedings are the very foundation of the case before this court. I am of opinion, that the commissioners can proceed only within the diocese of the bishop who issues the commission; and I must presume that they have bounded their inquiries, as they ought to have done, within that limit; and I, there- fore, reject this article." STATUTA VICTORLE. A.D. 1837—1844. 2083 any time pending any proceedings before the bishop or in any ecclesiastical court, Stat. 3 & 4 inhibiting the said party from performing any services of the church within such ^ *ct. c. 86. diocese from and after the expiration of fourteen days from the service of such notice, and until sentence shall have been given in the said cause : provided that it shall be lawful for such party, being the incumbent of a benefice, within fourteen days after the service of the said notice, to nominate to the bishop any fit person or persons to perform all such services_of the church during the period in which such party shall be so inhibited as aforesaid ; and if the bishop shall deem the person or persons so nominated fit for the performance of such services he shall grant his licence to him or them accordingly, or in case a fit person shall not be nominated the bishop shall make such provision for the service of the church as to him shall seem necessary, and in all such cases it shall be lawful for the bishop to assign such stipend, not exceeding the stipend required by law for the curacy of the church belonging to the said party, nor exceeding a moiety of the net annual income of the benefice, as the said bishop may think fit, and to provide for the payment of such stipend, if necessary, by sequestration of the living: provided also, that it shall be lawful for the said bishop at any time to revoke such inhibi- tion and licence respectively. " XV. And be it enacted, that it shall be lawful for any party who shall think What appeals himself aggrieved by the judgment pronounced in the first instance by the bishop, may be. or in the court of appeal of the province, to appeal from such judgment ; and such appeal shall be to the archbishop, and shall be heard before the judge of the court of appeal of the province, when the cause shall have been heard and determined in the first instance by the bishop, and shall be proceeded in in the said court of appeal in the same manner and subject only to the same appeal as in this act is provided with respect to cases sent by letters of request to the said court; and t'.ie appeal shall be to the queen in council, and shall be heard before the judicial committee of the Privy Council, when the cause shall have been heard and deter- mined in the first instance in the court of the archbishop. "XVI. And be it enacted, that every archbishop and bishop of the united Archbishops church of England and Ireland, who now is or at any time hereafter shall be sworn ^^J^^^' of her majesty's most honourable Privy Council, shall be a member of the judicial t-ne prjvv committee of the Privy Council for the purposes of every such appeal as aforesaid ; Council, to be and that no such appeal shall be heard before the judicial committee of the Privy members of Council unless at least one of such archbishops or bishops shall be present at the the Judicial hearing thereof ; provided always, that the archbishop or bishop who shall have a^ appeal issued the commission hereinbefore mentioned in any such case, or who shall under this act. have heard any such case, or who shall have sent any such case by letters of request to the court of appeal of the province, shall not sit as a member of the judicial committee on an appeal in that case. " XVII. And be it enacted, that it shall be lawful in any such inquiry for any Attendance of three or more of the commissioners, or in any such proceeding for the bishop, or ^Jjj^jjjj ™f for any assessor of the bishop, or for the judge of the court of appeal of the pro- Japers, &c.° vince, to require the attendance of such witnesses, and the production of such may be corn- deeds, evidences, or writings, as may be necessary ; and such bishop, judge, asses- pehed. sor, and commissioners respectively shall have the same power for these purposes as now belong to the Consistorial court and to the court of Arches respectively (1). " XVIII. And be it enacted, that every witness who shall be examined in pur- Witnesses to suance of this act shall give his or her evidence upon oath or upon solemn affirm- be examined ation in cases where an affirmation is allowed by law instead of an oath, which on oath, and (1) The same power . ... as now be- long to the Consistorial court and to the court of Arches respectively : — The juris- diction of the ecclesiastical court in matters ecclesiastical does not depend on any parti- cular canon or statute, but on the general ecclesiastical law, and on the universal con- sent by which some matters are exclusively of ecclesiastical, and not of temporal cogni- zance. And it appears, that unless it be the inten- tion to proceed solely under a particular sta- tute, for a particular penalty pointed out by that statute, it is competent to plead the general ecclesiastical law, as contained in the canons or constitutions. (J K 2 2084 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 86. to be liable to punishment for perjury. Provisions of act not to interfere with persons insti- tuting suits to establish a civil right. 23 Hen. c. 9. 8, Suits to be commenced within two years. oath or affirmation respectively shall be administered by the judge of the court or his surrogate, or by the assessor of the bishop, or by a commissioner ; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjury. "XIX. Provided always, and be it enacted, that nothing hereinbefore con- tained shall prevent any person from instituting as voluntary promoter, or from prosecuting, in such form and manner and in such court as he might have done before the passing of this act, any suit which, though in form criminal, shall have the effect of asserting, ascertaining, or establishing any civil right, nor to prevent the archbishop of the province from citing any such clerk before him in cases and under circumstances in and under which such archbishop might, before the pass- ing of this act, cite such clerk under and in pursuance of a statute passed in the twenty-third year of the reign of King Henry the Eighth, intituled, 6 An Act that no Person shall be cited out of the Diocese where he or she dwelleth, except in certain Cases." " XX. And be it enacted, that every suit or proceeding against any such clerk in holy orders for any offence against the laws ecclesiastical shall be commenced within two years after the commission of the offence (1) in respect of which the suit (1) Every suit or proceeding .... shall be commenced within two years after the commission of the offence: — In the office of the judge promoted by Titchmarsh v. Chap- man (Clerk), (3 Curt. 703,) it appeared that on the 20th of May, 1843, a decree, founded on letters of request from the Bishop of Ely, issued from the court of Arches, citing the Reverend William Herbert Chapman, clerk in holy orders, rector of Bassingbourn, in the county of Cambridge, to appear, and answer to certain heads, positions, or inter- rogatories, and more especially, for having within the diocese of Ely, offended against the laws ecclesiastical, by refusing a second time, on the 26th of May, 1841, to bury the corpse or body of Jane Rumbold, spinster, (an infant,) a parishioner of the parish of Bassingbourn, when duly applied to on that behalf, after convenient notice or warning given on both occasions, (the first whereof occurred on or about the 17th of February, 1840,) without any just or sufficient cause on either occasion. The party cited appeared under protest, by reason, that the 20th section of Stat. 3 & 4 Vict. c. 86, provides, "that every suit or proceeding against any clerk in holy orders, for any offence against the laws ecclesiastical, shall be commenced within two years after the commission of the offence in respect of which the suit or proceeding shall be insti- tuted, and not afterwards." That by the first refusal, in February, 1840, the offence, if any, was complete, and that the time limited by the statute, for proceeding in such case, expired before the service of the citation. Upon these facts, Sir Herbert Jenner Fust delivered judgment in the following language: "I have, since the last court day, looked into all the cases and authorities, and have considered the arguments, addressed to the court, upon the principles and decisions of those cases; the result I have arrived at is this, that in the present stage of the cause, there is not sufficient to stop the proceedings in limine. I am, therefore, prepared to overrule the protest ; but I do not think it advisable to enter into a discussion of the principles of the several cases, because, un- der the peculiar circumstances of this case, I may possibly be forestalling the arguments at the hearing, either for the prosecution, or for the defence. I will, therefore, merely state the grounds on which I think I ought to require an absolute appearance by the party cited. "This is a proceeding against the Rev. W. H. Chapman, clerk in holy orders of the united church of England and Ireland, rector of the rectory and parish church of Bassingbourn, in the county of Cambridge, diocese of Ely, and province of Canterbury ; and the charge is, for having offended against the ecclesiastical laws, by refusing a second time, to wit, on the 26th of May, 1841, to bury the corpse or body of Jane Rumbold, spinster, a parishioner of the parish of Bas- singbourn, aforesaid, when duly applied to on that behalf, after convenient notice or warning given on both occasions, the first whereof occurred on or about the 17th of February, 1840, and without any just or sufficient cause on either occasion. This is the tenor of the offence which the citation sets forth as the charge against this gentle- man. "The question comes before the court by letters of request, which were presented to, and accepted by the court, from the Bishop of Ely; and a decree, founded on them, issued, which was returned on the 11th of May in the present year. The second appli- cation for the burial of the child was on the 26th of May; the citation, founded on the letters of request, called on Mr. Chapman to answer for having offended against the laws ecclesiastical. (The court read the citation.) Therefore, the citation recites, that two ap- plications have been made to this gentleman to bury the corpse of a child of one of the parishioners of the parish of which he is rector, and it states his refusal to do so on both occasions, alleging both refusals to be without just or sufficient cause. " An appearance was given to this citation, under protest; the grounds of the protest STATUTA VICTORIA. A.D. 1837-1844. 2035 or proceeding shall be instituted, and not afterwards ; provided always, that when- Stat. 3 & 4 ever any such suit or proceeding shall be brought in respect of an offence for which Vict. c. 86. Proviso. being, that according to the true intent and construction of the act of parliament, Stat. 3 & 4 Vict. c. 86, s. 20, the offence was committed and depending on the refusal to the first application, namely, on the 1 7th of February, 1840; the words of protest are, 'That it appears on the very face of the citation, that the actual offence, if any, was committed without the period prescribed by the limitations of the statute, namely, on the 17th of February, 1840, on which day the wrongful act, if any, must be holden to have been done, according to the true intent and legal interpretation of the statute aforesaid;' this is, the statute Umiting proceedings for offences of an ecclesiastical nature; it is known as the act * For better enforcing Church Discipline;' by it, all proceedings of this nature must be commenced withjn two years after the commission of the offences, therefore, the ground of protest is, that the offence was committed in February, 1840; and the citation was not served until May, 1843. If the construction contended for at the bar be the true construction and inter- pretation of the statute, this court has no jurisdiction to inquire into the offence; but the question for the court to decide is, whe- ther a fresh offence was not committed by this gentleman on the 26th of May, 1841, consequently, within the period limited by the act for proceeding against clergymen for offences against the ecclesiastical laws, in ecclesiastical courts. There is some degree of difficulty on the first appearance of this citation; it recites the application made on the 17th of February, 1840; and it recites that such application was not attended to, namely, that the rector refused to bury the corpse on that day, without reasonable cause ; on the first blush of the case it might appear that it was intended to pro- ceed against this gentleman for an offence committed in February, 1840, as well as for the offence in May, 1841; this was the doubt and difficulty I felt in this case, not whether an offence was committed in 1841, but whether in truth and fact it was not to be inferred, that it was intended to proceed for both offences. On conside- ration, however, of the language of the cita- tion, I think that such is not the true con- struction, for, by the citation itself, the offence is 1 for having refused a second time, to wit, &c, being within two years.' I take this to be the true interpretation of the charge contained in the citation. "Then is this an offence which is capable of being repeated ? In that lies the whole strength of the argument in support of the protest. My attention was called, and pro- perly called, by Dr. Phillimore, to the lan- guage of the citation, as being deficient in clearness, and authorities were stated, and instances adduced from the Digest and other civil law authorities, to shew, that a citation must be clear and specific; — no doubt it must; and I think, on a due consideration of this whole instrument, that the charge is sufficiently clear, and that the party is only called on to answer for the offence, of having, in 1841, refused to bury this child; which is an offence within the time limited by the statute. The question really is, was this an offence on the 26th of May, 1841? The whole strength of Dr. Harding's argu- ment turns on this; I am clearly of opinion as at present advised, to hold that it is so. It would be, in my opinion, wrong, cer- tainly contrary to anything I have heard, to stop these proceedings in limine, at least without having first heard the circumstances under which the application to bury this child was made a second time. Dr. Har- ding's argument was founded on cases at common law, actions of trover, trespass, and on the case; I have looked into all the cases cited, and there seems to me to be this distinction, in all these instances the actions arising out of them were limited by act of parliament, and the question turned on this, from what time the particular limitation by statute began to run; there is no necessity to go into the cases, — on principle, when once the cause of suit arises, when that is complete, the statute runs from that time; the only question has been, whether the cause of action was complete at an early period, or at a subsequent time Saunders v. Saunders, 2 East, 255. Godin v. Ferris, 2 Hen. Black. 14. Wordsworth {Clerk) v. Harley, 1 B. &-Ad. 391 ' 4 In all these cases, in trover, trespass, and action on the case, it must be recollected that the question respects a claim to property between two individuals ; that when once the property has been converted, the wrongful act is complete; and that the statute runs from the period, when the offence is com- plete. These suits regard private rights between two individuals ; here the offence is a public offence, a public scandal. It must be borne in mind, that the court knows nothing of the ground for the refusal to bury this corpse ; for all the court can know, the child may have been baptized by a clergy- man of the church of England ; by the rector of this very parish himself: the refusal is not for the reason, that the child was unbaptized : but is a general refusal, as to the cause, of which the court can at present know nothing. " It seems to me, at present, to be too much to say, that a clergyman may refuse to bury the corpse of a parishioner, and that, because proceedings are not instituted within a certain time, he is to be at liberty to persist in such refusal. The 68th Canon imposes the same punishment for refusing to christen a child, as for refusing to bury a corpse. But, can it be said, that if a child be brought to be baptized, and the minister refuses on one Sunday, and it is brought a second time, that a second refusal would not be an offence; I see, at present, no distinc- tion between the two cases; but, as before said, I will not forestall any arguments which may hereafter be offered. What is the differ- 2086 STATUTA VICTORLE. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 86. a conviction shall hare been obtained{\) in any court of common law, such suit or proceeding may be brought against the person convicted at any time within six ence between the two cases ? Here is a child, for anything that appears, properly baptized, over whose body the clergyman of the parish is bound to read the church burial service : and that child, so far as appears on the citation, is unburied; this is a public scan- dal ; and the wrong-doer, as appears on the citation, is the minister of the parish, whose duty it is to bury the child, and, until that is done, as it appears to me, the offence conti- nues. Something was said as to the length of time between the first and second applica- tion; that may be matter proper to be here- after considered, but I do not think, because the corpse was not brought within a definite or specific time, that, therefore, the minister may refuse to bury it; I do not know that there is any specific time, within which a body is to be brought for interment. I well re- member a case, (Office of the judge promoted by Gilbert v. Buzzard, 2 Consist. 333,) where the dispute was as to the fees payable for the interment of a corpse in an iron cof- fin; the party died on the 2nd of March, 1819; proceedings in this court were not taken until July, 1820; and the sentence of the judge was not given until May, 1821. Lord Stowell recommended that the body, which had, to use his own expression, 1 re- mained so long unhonoured,' should be buried without prejudice to the right of the parish, as to the fees to be paid. Therefore, I see no reason in this respect why the rites and services of the church should not have been performed at the period of the second application. "Under these circumstances, as at present advised, on this citation and letters of re- quest, the charge against this gentleman being for having refused to bury this child in 1841, therefore, within the period of two years limited by the act of parliament; although there is a recital, that the party had, in the first instance, when applied to to bury the corpse, refused, I cannot, in this stage of the proceedings, hold that this is an offence which cannot be committed a second time. The party has apparently not per- formed a duty incumbent on him. I think the offences may be separated from each other, and that the second refusal may be an offence for which he may be proceeded against; although the first offence may have been committed in February, 1840. " I overrule the protest, assign the party to appear absolutely, and reserve the costs until the final hearing, or other disposal of the cause." In Titchmarsh v. Chapman {Clerk), (1 D. & L. 732,) the defendant, as previously stated, was cited in the court of Arches of Canterbury, for refusing a second time, on the 26th of May, a.d. 1841, to bury a corpse, the first refusal appearing on the face of the citation to have been made on the 17th of February, 1840 : — it was held, upon a motion for a prohibition, that the decision of the court of Arches, that these refusals consti- tuted distinct offences, was a question involv- ing the construction of the 68th Canon, and, therefore, the ground of an appeal ; and not simply a misconstruction of Stat. 3 & 4 Vict, c. 86, s. 20, and that, consequently, no pro- hibition could be granted : — Mr. Justice Wightman observing : "It ap- pears to me that the ecclesiastical court has proceeded on the ground, either that this was a continuing offence, or that the second refusal was a distinct offence in itself against the 68th Canon. If so, that is a question of ecclesiastical cognizance, and the proper remedy is by appeal, if they have proceeded wrongly. The defendant, therefore, seeks to bring before this court, not the construction to be put upon the act of parliament, but that to be put upon the 68th Canon; and were I to consider this as a fit case for a prohibition to issue, I can scarcely conceive any case in which a similar application might not be made." (1) Offence for which a conviction shall have been obtained : — The following case will tend to illustrate the law of evidence in prov- ing the degradation of a clergyman. In Sandys' case, (1 Irish Circ. Rep. 10,) whict was a prosecution upon Stat. 12 Geo. 1, c. 3. s. 1 (Ir.), against a degraded clergyman for marrying two protestants; it was held, that the entry of the sentence of degradation in the book of acts of the Consistorial court, was sufficient proof of the degradation of the prisoner. The indictment contained several counts : the first of which stated, that Richard Sandys, gentleman, was a degraded clergyman of the united church of England and Ireland, as by law established, and that the said Richard Sandys being then and there such degraded clergyman, " and there, that(is to say, on the day and year aforesaid, with force and arms, at Clonenagh aforesaid, in the county afore- said, feloniously and unlawfully did celebrate a marriage between one John Lalor, then being a protestant, and one Sarah Howard, then also being a protestant," against the peace and statute. The other counts varied the charge, by describing the defendant as a degraded cler- gyman of the "church of Ireland," by describing the parties married as " reputed protestants," by describing the defendant as " a layman, pretending to be a clergyman of," &c, and by charging that he "took upon himself to celebrate," &c. The statute under which the prisoner was indicted, was 12 Geo. 1, c. 3 (Ir.), entitled, " An Act to prevent Marriages by degraded Clergymen and Popish Priests, and for pre- venting Marriages consummated from being avoided by Pre-Contracts, and for the more effectual punishing of Bigamy." The first section, after reciting that " clandestine marriages are for the most part celebrated by popish priests and degraded clergymen, to the manifest ruin of several families within this kingdom," for remedy thereof enacts, " that if any popish priest, or reputed popish priest, or person pretending to be a STATUTA VICTORLE. A.D. 1837—1844. 2087 calendar months after such conviction, although more than two years shall have Stat. 3 & 4 elapsed since the commission of the offence in respect of which such suit or pro- Vict. c. 86. ceeding shall be so brought. popish priest, or any degraded clergyman, or any layman, pretending to be a clergyman of the church of Ireland, as by law established, shall, after the 25th of April, 1726, cele- brate or take upon him to celebrate any marriage between two protestants or reputed protestants, or between a protectant or re- puted protestant and a papist, such popish priest, or reputed popish priest, and such degraded clergyman, and layman, pretending to be a clergyman, shall be, and is hereby declared to be, guilty of felony, and shall suffer death as a felon, without benefit of the clergy or of the statute." Stat. 3 & 4 Gul. 4, c. 102, s. 1, repeals so much of the foregoing enactment, "as declares or enacts that any Roman catholic clergyman who shall celebrate any marriage between two protestants or reputed protestants, or between a protestant or reputed protestant and a Roman catholic, shall be guilty of felony, and suffer death as a felon, without benefit of clergy or of the statute." But the 3rd sec- tion enacts, that nothing in this act shall extend, or be construed to extend, " to the repeal of any enactments now in force for preventing the performance of the marriage ceremony by degraded clergymen." The fact of the defendant having, about twenty years ago, frequently officiated at di- vine service in the parish church of Marybo- rough, of which he was curate, and of his name being in the registry-book, certifying births and marriages, was proved. The Rev. T. Harpur, incumbent of Maryborough, proved that he was in Carlow, and took a part in the proceedings when sentence of degradation was pronounced upon the de- fendant by the Bishop of Leighlin and Ferns. Mr. Henry Davis, clerk of the registrar of the diocese of Leighlin, produced the book of acts, (the book was entitled thus, in the first page, " Acts had and done in the Consisto- rial Court of the Diocese of Leighlin, before the Rev. S. T. Roberts, Surrogate of the Worshipful Alexander Hamilton, Esq., LL.D., Vicar-General,") of that diocese from the registrar's office in Carlow, which contained the following entry, after a recital of certain prior proceedings: "On reading over the foregoing answers, his lordship the Lord Bishop of Leighlin and Ferns did pro- nounce sentence of degradation against the said Richard Sandys, as a priest and deacon of the established church. " P. Preston, " Registrar of the Consistorial Court of Leighlin, and Notary Public." The witness stated the signature to be that of Mr. Preston, the registrar, and being cross-examined, stated, that he was clerk to the registrar since 1833; did not know of any sentence being pronounced within his time; did not know whether sentences were or not usually made up in any form, and knew of no other sentence in this case. The celebration of the marriage was then proved by the parties married, viz., John Lalor and Sarah Lalor, otherwise Howard, who both stated they were protestants. The defendant, who had no counsel, then produced letters of the orders of a priest, granted on parchment, under seal, by the Bishop of Killala, and submitted that no valid sentence of degradation had been passed upon him, as he had not been duly cited to appear before the Consistorial court of Leigh- lin, and that even if such sentence had been passed, it had not been sufficiently proved by a mere minute in a book without the produc- tion of any document under seal. Chief Justice Doherty stated, "as to the first objection, it is quite untenable; for where a judgment of a court is given in evi- dence, it must be taken to have been given after proceedings duly had. As to the se- cond, some difficulties do seem to exist." It was suggested by amicus curias, that, according to the ordinary practice of ec- clesiastical courts, the sentence is, and should be made out in form, and certified under seal, and that a mere entry by the registrar, in a book, of the pronouncing such sentence, was not admissible in evidence, for the purpose of proving such sentence, any more than an entry in the book of the clerk of the crown is evidence of a judgment at the assizes, which must be proved by a record regularly made up. Counsel for the prosecution contended, that the proof given was sufficient, and then men- tioned that the defendant had been already twice tried and convicted of similar offences ; once before Baron Smith, and once before Chief Baron Joy, on both of which occasions the degradation was proved in the manner now resorted to, and had been each time held sufficient; whereupon Chief Justice Doherty ruled the evidence to be sufficient, and left the case to the jury, who found the defendant guilty, and sentence of death was recorded. It would seem to be the practice of the ecclesiastical courts in general, to have sen- tences made up in regular form, and such a form of sentence in a cause of degradation may be seen in Cunningham, 338. In such a cause the sentence, if made out, would pro- bably be in the hands of the proctor of office who conducted the proceedings against the defendant in the Consistorial court of Leigh- lin. No search for the sentence was proved, nor was any evidence given to lay a founda- tion for the reception of the entry in the book of acts, as secondary evidence; it must, therefore, be considered to have been admit- ted as primary evidence of the defendant's degradation. The small quantity of business transacted in some of the diocesan courts in Ireland, and the consequent want of experi- ence in the officers, may account for the existence of inartificial practice in their pro- ceedings, if such be sometimes discovered. In the Duchess of Kingston's case, (20 How. St. Tr. 355,) a sentence in a cause of 2088 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 86. 27Geo.3,c.44, not to apply to suits against spiritual per- sons for certain offences. Power of arch- bishops and bishops as to exempt or pe- culiar places or preferments. No suit to be instituted except as here- in provided. " XXI. And be it declared and enacted, that the act passed in the twenty- seventh year of the reign of his late majesty King George the Third, intituled, * An Act to prevent frivolous and vexatious Suits in the Ecclesiastical Courts,' does not and shall not extend to the time of the commencement of suits or pro- ceedings against spiritual persons for any of the offences in the said act named. "XXII. And be it enacted, that every archbishop and bishop within the limit of whose province or diocese respectively any place, district, or preferment, exempt or peculiar, shall be locally situate, shall, except as herein otherwise pro- vided, have, use, and exercise all the powers and authorities necessary for the due execution by them respectively of the provisions and purposes of this act, and for enforcing the same with regard thereto respectively, as such archbishop and bishop respectively would have used and exercised if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop ; and where any place, district, or preferment, exempt or peculiar, shall be locally situate within the limits of more than one province or diocese, or where the same, or any of them, shall be locally situate between the limits of the two provinces, or between the limits of any two or more dioceses, the archbishop or bishop of the cathedral church to whose province or diocese the cathedral, colle- giate, or other church or chapel of the place, district, or preferment respectively shall be nearest in local situation shall have, use, and exercise all the powers and authorities which are necessary for the due execution of the provisions of this act, and enforcing the same with regard thereto respectively, as such archbishop or bishop could have used if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop respectively, and the same, for all the purposes of this act, shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop ; provided that the peculiars belonging to any archbishopric or bishopric, though locally situate in another diocese, shall continue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesias- tical jurisdiction. " XXIII. And be it enacted, that no criminal suit or proceeding against a clerk in holy orders of the united church of England and Ireland for any offence against the laws ecclesiastical shall be instituted in any ecclesiastical court, otherwise than is hereinbefore enacted or provided (I) (2). jactitation of marriage was proposed to be read in evidence on behalf of the defendant, when the attorney-general, for the prosecution, insisted that the libel, allegations, answers, &c, on which the sentence was founded, should also be read, objecting to the read- ing of the sentence abstractedly from the allegations and other matters upon which that sentence proceeded. Whereupon Lord Camden asked the counsel for the pri- soner, whether they meant to object to the whole proceedings in the jactitation cause being read- To which Mr. Wallace, her grace's counsel, said: " I have not, upon the part of the noble prisoner, the least objection that all the proceedings should be brought before your lordships. I conceive that what the officer has now brought before the court, was what is usually given in evidence in such case. I do not recollect any other in any case I have found, being produced, but the sentence, which arties, showing clearly what is in issue between them. Decrees of courts of equity, as at present framed, and sentences in spiri- tual courts are drawn in a short form, not reciting the proceedings in a way to show the questions at issue between the parties, and in most cases, it will, perhaps, be found, that a decree or sentence when sought to be given in evidence, will require, to make it intelli- ble, that the bill and answer, or libel and answer, be read likewise. 1 Irish Circ. Rtp. 13, 14, in not. (I) No criminal suit or proceeding against a clerk in holy orders .... shall be insii- STATUTA VICTORIA. A.D. 1337—1844. 2089 " XXIV. And be it enacted, that when any act, save sending a case by letters Stat. 3 & 4 Vict. c. 86. tuted in any ecclesiastical court, otherwise than is hereinbefore enacted or provided: — All offences against the laws ecclesiastical, by a clerk in holy orders, are henceforth to be proceeded against according to the regu- lations prescribed by the Church Discipline Act, and in no other way whatsoever. The mode of procedure before the passing of such statute was by articles in the diocesan or peculiar court, or by letters of request to the court of the metropolitan. Any person, it has been held, may prosecute a clergyman for a neglect of his clerical duty. Nor have the Marriage Acts deprived the ordinary of the power of correcting any of his clergy who may offend against the order of the church in publishing banns, or solemnizing matrimony, in any other manner than that prescribed by law; and also, as it would seem, for refusing to solemnize a marriage after the preliminary condit'ons required by the law have been satisfied. 3 Burn;s E. L. by Phillimore, 364, 365. Vide Sir George Lee's remarks, in Argar v. Holdsworth {ante 1228) ; Wynn v. Davies, 1 Curt. 69. In the matter of the Dean of York, (2 Q. B. 2,) it appeared that the Archbishop of York, after the passing of Stat. 3 & 4 Vict, c. 86, cited the Dean and Chapter of York, (enjoining them to cite the canons, registrar, and officers whose presence might be re- quired,) to appear at a visitation of the dean and chapter, canonically to receive and sub- mit to the archbishop's intended " metropo- litical visitation, examinations, due correc- tions," &c, to exhibit their statutes, &c, if required, pay the due procurations, and fur- ther to do and receive what the business and nature of such a visitation require. He also appointed a commissary for holding the vi- sitation in his absence, for correcting and punishing by ecclesiastical censures whoever should be contumacious, for administering articles in writing to the dean and chapter, and receiving their presentments and answers, and for adjourning and proroguing such vi- sitation from time to time and place, and completing and dissolving the same, and for doing every thing else appertaining to the nature and quality of the said visitation. The visitation was holden, and articles of inquiry delivered to the dean and chapter, touching the administration of their funds, performance of divine service, &c. A canon, in reply to an article as to the repair of chancels, sent in a statement imputing si- mony to the dean, which was afterwards communicated to the dean by a private letter from the commissary. At an adjourned meeting, of which the dean had notice, but which he (unavoidably as he said) did not attend, the canon delivered a fuller statement of the charge from a paper, which was after- wards deposited with the actuary. The com- missary appointed a day for hearing evi- dence ; and the dean was requested, by letter, written at the archbishop's desire by his se- cretary, to attend and meet the accusation. No formal articles or libel were ever exhibited ; nor was the dean ever cited to answer any charge. On the appointed day the dean attended, but disclaimed the jurisdiction, obstructed the proceedings, was pronounced in contempt, withdrew contumaciously, and did not appear again. The commissary de- creed to proceed in poenam in his absence, and heard counsel and evidence on the charge, but refused to hear counsel for the dean till he should purge his contempt, which was not done, and the commissary gave judgment, declaring the charge proved, and that sen- tence of deprivation must be passed. The archbishop then passed sentence, by which he recited the above proceedings, and adjudged that the dean had committed and was con- victed of simony, and was in contempt; de- prived him of the dignity and place of dean, &c, and monished him not in future to use the dress or ensigns of a dean, on pain of the greater excommunication. The visitation was then adjourned. On motion for a prohibition to the bishop and commissary against proceeding further in the matter of the said charge of simony, or executing or giving effect to the sentence : it was held, 1. That the inquiry before the commissary was not a mere incident to the visitation, but became a distinct criminal proceeding when the commissary entered upon the examination of proofs, as above tated, with a view to punishment. 2. That such inquiry was a "criminal proceeding" within Stat. 3 & 4 Vict. c. 86, s. 23, those words not being restrained by the recital of the first section, which men- tions only "proceeding in causes for the correction of clerks." 3. That an archbishop or bishop, exercis- ing his general authority as visitor of an ecclesiastical body, (and not visiting under the statutes of a particular foundation,) acts, not personally, but as judge in a court, and must follow established forms of process and inquiry ; at least in hearing accusations with a view to punishment. And, therefore, 4. That the proceeding in question was not within the reservation in Stat. 3 & 4 Vict. c. 86, s. 25, of any authority which the archbishops or bishops may exercise per- sonally, and without process in court. Con- sequently, 5. That the proceeding could not legally be instituted otherwise than as Stat. 3 & 4 Vict. c. 86, directs. 6. That a prohibition could not properly have been moved for before the visitor pro- ceeded to sentence; but that it might well be applied for afterwards, as the sentence had a continuing operation ; and as the court did not appear to have been dissolved at the time of the motion. Upon such facts a prohibition was granted, without calling upon the applicant to appear ; Lord Denman, after stating the facts, de- livering the judgment of the court as follows : " Prohibition is claimed on various grounds ; and that which requires to be first considered is the late act of parliament, 3 & 4 Vict. c. 86, 'for better enforcing Church Discipline,' which recites ' that the manner of proceeding If a bishop is patron of the 2090 STATUTA VICTORIA. A.D. 1837—1844. of request to the court of appeal of the province, is to be done or any authority is Stat. 3 & 4 Vict. c. 86. preferment jn causes for '^e correction of clerks requires held byaccused amendment)> repeals the act 1 Hen. 7, c. 4, prescribes the course of proceeding which shall hereafter be observed ' in every case of any clerk in holy orders,' ' who may be charged with any offence against the laws ecclesiastical,' and finally enacts ' that no criminal suit or proceeding against a clerk in holy orders' ' for any offence against the laws ecclesiastical, shall be instituted in any ecclesiastical court otherwise than' according to the provisions of that act. These enact- ments are, however, qualified by a proviso, ' That nothing in this act contained shall be construed to affect any authority over the clergy of their respective provinces or dio- ceses, which the archbishops or bishops of England and Wales, may now according to law exercise personally and without process in court.' " The twenty-third section, enacting that no criminal suit or proceeding shall be insti- tuted in any other manner than this act re- quires, was relied on as a decisive bar against the trial that has taken place. The counsel for the dean argued, that he, being a clerk in holy orders, was prosecuted in a criminal proceeding for the offence of simony, a known offence against the laws ecclesiastical, and that the authority which assumes to deprive him is an ecclesiastical court, the court of the ordinary holding his visitation. Two answers to this argument are offered. 1. That what has been done is not a criminal proceeding within the meaning of the act. 2. That the proceedings were in virtue of authority exercised by the archbishop, accord- ing to the law as it then stood, over a clerk of his province, personally, without process in court. " The learned counsel against the prohibi- tion observed, in the first place, that the sta- tute applied to causes, a word said to be well understood, and to import suits regularly promoted in the spiritual courts. But the employment of that word in the short pre- amble affords a most inadequate reason for an arbitrary restriction of the whole act to that form of proceeding which in the ecclesiastical law may be with technical propriety described as a cause. It might as well be restricted to causes promoted for incontinency, the only class punishable under Stat. 1 Hen. 7, of which the repeal is the only object of the same section, after a recital that the manner of proceeding for correction of clerks ought to be amended. But, although the first sec- tion is thus limited, the general enactments are extended to all offences ; and in like man- ner, though causes are the only proceedings mentioned in the preamble, the twenty-third section clearly provides, that the cause en- joined by the statute shall be pursued in every criminal suit or proceeding against a clerk in holy orders in the courts ecclesias- tical. " But is this a criminal proceeding, or is it merely an incidental fact arising out of the visitation, in the course of which it is brought to the ordinary's knowledge, and, properly, in the discharge of that duty, inquired into by him, but not instituted as a criminal pro- ceeding? The answer appears to be that, as soon as the visitor proceeds to examine the proofs of an ecclesiastical offence committed by a clerk for the purpose of punishment by deprivation, more especially, as in this case, at the instance of an accuser who avails him- self of the aid of a professional advocate, a criminal proceeding is undoubtedly instituted and in full progress. " There is yet another term in the descrip- tion of suits or proceedings given by the twenty-third section. They must be in some ' ecclesiastical court.' The ordinary's visita- tion is said not to be an ecclesiastical court, but to range within the proviso (sect. 25) which prevents the statute from applying to authority personally exercised by the bishop without process in court. "This brings us directly to the question, whether the bishop, as visitor of a dean and chapter, is legally invested with power to de- prive the dean of his office for an ecclesias- tical offence without process in court. If he has the power, he must derive it from the general words above cited; but they can scarcely be expected to receive this construc- tion without proof that they have habitually, and in former times, when church discipline was much more active than of late, been so construed, or at least that the learned writers on ecclesiastical law have put that meaning upon them. " Now, in the first place, there is no exam- ple of such a power being exercised by the bishops over their clergy, even in their regu- lar and solemn visitations. They are, indeed, exempted from the forms required by the common law, and are to proceed in the lan- guage found in many books and copied in Com. Dig., Visitor (C) : 1 Summarie, simpli- citer, et de piano sine strepitu aut figura judicii;' that is (adds Comyns) according to mere law and right. But some forms, as involving the opportunity of knowing and answering the charges, are absolutely neces- sary for securing this object. The report of the ecclesiastical commissioners was appealed to on both sides ; on the one, for proof that the kte statute was not meant to apply to the visitatorial power, because no recommen- dation to that effect is given. We have fre- quently had occasion to observe, that the courts have no right to look at similar re- ports for the direct purpose of construing the statutes founded upon them, which must speak for themselves. On the other hand, the report was referred to as a depository of the former law, which is not, however, there said to have trusted the visitor with the power now claimed. It states that the ordi- nary was to proceed in the correction of clerks in a kind of forum domesticum. However these words are to be understood, it was still a forum. Spiritual persons who offended were presented by the churchwar- dens, on whom this duty was cast ; if they neglected it, others might present; or, even if common fame were the only accuser, the STATUTA VICTORIA. A.D. 1837—1844. 2091 to be exercised by a bishop under this act, such act shall be done or authority ordinary might make his inquiries. Differ- ent modes of dealing with the charges are enumerated: inquisitio, accusatio, denun- ciatio articles were exhibited; and the party had time and place given to answer them. Sentence was at length passed by the ordi- nary, personally, perhaps, but (according to all our experience) in his court, and, in no usual sense of the words, without process. And, on this head of argument, the question was asked, and not satisfactorily answered, why, if the ordinary possessed this power personally and without process, such great difficulties had been encountered, and such enormous expenses incurred in bringing noto- rious spiritual delinquents to justice by de- privation. It is well known, that the assumed want of the power now claimed formed one strong motive for introducing the new law. " The saving clause may not improperly have been intended to apply to some other powers of regulation and control, vested by law in the archbishops and bishops; but, if none such could be surmised, still the effect of no such saving clause can be greater than the protection of something that is shewn to have existed, it cannot create authority in any one to act personally and without process in a particular case, by merely saying that the act does not deprive him of such authority in general terms. The precaution secures what the law recognised before; but the question remains — what did the law recognise ? "We are aware, that the jurisdiction of visitors has been described in most compre- hensive terms by common lawyers of high authority. Lord Holt himself is cited as allowing them an arbitrary power, in his often reported judgment on the case of Philips v. Bury, (1 Ld. Raym. 5.) That copy of it taken from his own manuscript, and now printed in 2 T. R. (346) agrees almost word for word with that which is re- corded by Skinner (475). Scarcely any other remark upon it requires to be made, than that the case arose out of the visitation of a charitable foundation. Holt's strong lan- guage is all applied to that case. The founder might do as he would with his own: the parties deriving benefit from his endow- ment must abide by the conditions which he has annexed. Cuius est dare ejus est disponere. The Bishop of St. David's v. Lucy, (1 Ld. Raym. 447, 539; 1 Salk. 134; 3 Ibid. 90; 12 Mod. 237; and see 14 How. St. Tr. 447; 1 Burn's E. L. by Phillimore, 231,) where the Archbishop of Canterbury gave sentence of deprivation against one of his suffragan bishops for simony and other ecclesiastical offences, was supposed to shew that power to reside in the breast of the archbishop, without any rules or forms. Prohibition was claimed, on the ground that the citation was to appear at Lambeth, not in the usual place of holding the metropolitan court, and it was answered here by Lord Holt and his brethren, that the archbishop 1 may hold his court where he pleases;' that 'the spiritual court might proceed to punish him for any offence done against the duty of his office as bishop;' adding, ' as the clergy are under different rules and duties, it is but reasonable that, if an ecclesiastical person offend in his ecclesi- astical duty, he should be punishable for it in the ecclesiastical court/ These expres- sions all occur in Salkeld's Report (1 Salk. 134). The bishop was called by citation to answer for his delinquency. The form and mode of proceeding were objected to in no other particular than the place of sitting. We scarcely need say, that this case supplies no evidence of the right to proceed person- ally without process in court. "Another case was cited for the same pur- pose, The Bishop of Kildare v. The Arch- bishop of Dublin, (2 Bro. P. C. 179, 2nd ed.) brought by writ of error to the House of Lords, 1724. The bishop, as dean of the church of the Holy Trinity, complained that the archbishop proceeded against him in the court Christian for a contempt committed during the visitation. The principal ques- tion intended to be raised was, whether the king or the archbishop was the visitor of the dean and chapter of that cathedral ; and this being decided in favour of the archbishop, all others respecting the mode of proceeding were comparatively unimportant ; nor indeed does the case furnish us with a very full detail of what took place. Enough, however, appears, to shew that the offence was contu- macy, committed by shutting the doors of the cathedral against the archbishop, and not appearing in his visitation; and that the archbishop \ impleaded ' the plaintiff as dean ' in the court Christian, in causa visitationis ordinarii ipsius archiepiscopi,' ' under pre- tence of a contempt.' The House of Lords held that the right of the archbishop to visit the dean and chapter was established, and that the manner of his doing so was not at all material, because any error or defect in the manner might be remedied by appeal, and was no foundation for a prohibition : and this is the marginal note appended to the report, the general point being perfectly clear, that, when there is jurisdiction, the manner of exercising it affords no ground for prohibition. But the declaration, instead of alleging that the visitor proceeded to sen- tence, (whatever that sentence might be, for it is not set forth,) personally and without process, leads to the contrary inference. The words above extracted from it are rather descriptive of a suit afterwards commenced by the archbishop in his court as ordinary ; and this even where the offence was a direct contempt of his person and authority. But it is enough to say, and indisputably true, that this case does not establish the proposi- tion, for which alone it was wanted, that the visitor has lawful power to deprive person- ally, and without process in court. " So in the Bishop of Exeter's case, (Phi- lips v. Bury, 1 Ld. Raym. 5; Skin. 447; 2 T. R. 346,) the acts of the bishop, having been performed within his jurisdiction as visitor of Exeter college by appointment of the founder, were held to be uncontrollable by it. Such decisions can have no bearing on the present case, unless it were shewn, that all Stat. 3 8c 4 Vict. c. 86. party, arch- bishop to act 2092 STATUTA VICTORLE. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 86. in his stead. exercised by the archbishop of the province in all cases where the bishop who would the powers which any founder has conferred on his visitor grow out of the relation of an ordinary to his clergy on his holding a visit- ation of them. It is highly probable, that the use of the same word on two such differ- ent occasions has led to the belief that such was the law. The opinion is thus accounted for ; but the law can only be established by practice and precedent. Both are wanting here. " Some of the books speak of a court of visitation; and the phrase is not incorrect. It is an authority acting with certain forms of procedure and inquiry, suspending its pro- ceedings from time to time by adjournment, making certain orders and decrees. Whether or not these acts are of necessity judicial, those done in the course of establishing a charge against a party accused, bear that un- doubted character. " The authority now challenged declared the party in contempt for withdrawing himself after citation, and required him to purge his contempt before he could be heard in his defence against charges preferred. It pro- ceeded then with the examination of witnesses in support of those charges, and finally ad- judged him guilty, and awarded sentence of deprivation. All these are assuredly the acts of a court. It is admitted that they may he appealed against; and we are at a loss to conceive an appeal against any pro- ceedings, but those of a court. That court, however, the late statute has divested of all such jurisdiction. It is not within the saving clause, which leaves untouched the ordinary's power over his clergy, as it might then be exercised by law without process in court, because this power does not appear to have been ever exercised by law. We are con- strained to conclude, that the most reverend prelate, in so far as he proceeded at his visit- ation to deprive the dean, has acted without jurisdiction. "Finding that this preliminary obstacle is not to be surmounted, we decline to enter upon the consideration of the numerous points raised in certain portions of the pro- ceedings, by the learned commissary. But there is one not unfit to be disposed of. The sentence being final, and executed, it was argued that nothing now remained which this court could prohibit from being done, and not even a continuing court to which our writ could be addressed. These arguments, for obvious reasons, require to be narrowly watched, for they would give effect to un- lawful proceedings, merely because they were brought to a conclusion. But to the present case they are inapplicable. For, on looking at the sentence, we find that it ad- monishes the dean not to exercise the func- tions of dean on pain of the greater excom- munication, and that the court was adjourned only when this motion was made. The in- fliction of that pain would be the mode of enforcing the sentence ; and this we may prohibit ; and we find in some of the entries that this court has enjoined revocation of the sentence. The dean could not apply before sentence; for the sentence of depri- vation is the only thing done which is be- yond the jurisdiction of the archbishop. Up to that point he had unquestionably power ; for it was his duty to inquire with a view to ulterior proceedings ; and it seems, that the lord chancellor discharged an application for prohibition which had been made to him before sentence, on that very ground. " Our clear conviction is not embarrassed by an opposite judgment formed by the learned commissary ; for he does not appear to have adverted to the statute during the whole proceedings. We cannot but believe that it escaped his attention, occupied as it was with a vast variety of unusual circumstances, and not assisted, (as indeed it could not be according to the view which he took of the duties of his office,) by advocates on both sides. " If we felt any doubt, we should be bound to invite further discussion by calling upon the Dean of York to declare in prohibition : but, after the full and deliberate, long pre- pared and maturely digested arguments which we have heard enforced with consummate abi- lity, by counsel of the greatest learning, and of the highest reputation, no additional light can be expected. We owe it to all the par- ties, to save them the inconvenience and anxiety of fruitless delay ; we owe it to the public, and in a peculiar manner to the church, to encourage no doubt, when we feel none, on subjects of such immense import- ance, and so deeply affecting its interests, its rights, and its duties." In BlucTc v. Rackham, (Ex relat. the learned Reporter of the Ecclesiastical Notes of Cases : Arches court of Canterbury, Fe- bruary 18th, 1845,) which was originally a proceeding in the Consistorial court of Norwich, against a beneficed clergyman, the rector of Walsoken, in that diocese, to re- cover the penalty imposed by Stat. 1 & 2 Vict. c. 106, for having been absent from his benefice, without licence or exemption, for more than three and not exceeding six months in one year, whereby he had for- feited, under the 32nd section of the statute, one third of the annual value of his benefice, which annual value was pleaded to be at least 1100/.: upon the party being cited, he did not appear ; he was pronounced in con- tempt, and a significavit issued, whereupon an absolute appearance was given; an alle- gation was prayed, brought in by the party proceeding, and admitted without objection; a decree for the answers of the party cited was taken out, and the answers not being brought in, a prayer was made to have the allegation taken pro confesso, when the proc- tor for the party cited appeared under pro- test, alleging that his party was not com- pelled to give in his answers upon oath, inasmuch as this was a criminal proceeding, and further alleging that all the proceedings had been erroneous, null, and void. The judge in the court below overruled the ob- jections, and pronounced that the allegation had been proved and the forfeiture incurred ; STATUTA VICTORIA. A.D. 1837-1044. 2093 otherwise do the act or exercise the authority is the patron{\) of any preferment held by the party accused. " XXV. And be it enacted, that nothing in this act contained shall be con- strued to affect any authority over the clergy of their respective provinces or dio- ceses which the archbishops or bishops of England and Wales may now according to law exercise personally and without process in court ; and that nothing herein contained shall extend to Ireland. " XXVI. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." Stat. 3 & 4 Vict. c. 86. Saving of arch- bishop and bi- shop's powers. Act may be amended this session. LXXIII. Stat. 3 & 4 Victoria, cap. lxxxviii. A.D. 1840. lAn Act to amend the several Acts relating to the Belfast Charitable Society. Stat. 3 & 4 Vict. cap. lxxxviii. whereupon the party cited appealed to the Arches court. On the part of the appellant, it was con- tended that the proceedings should have been by articles, and under Stat. 3 & 4 Vict. c. 86 ; that it was vitiated by errors through- out, and that the proof of non-residence was insufficient. This was a criminal pro- ceeding to punish the party for an ecclesi- astical offence, and such a proceeding must be instituted under the Church Discipline Act, according to the doctrine cf the court of Queen's Bench, in The Bean of York's case. The proceeding for a penalty made the suit a criminal one : so Lord Hardwicke held in Middleton v. Croft, (2 Atk. 650.) Indepen- dent of this general objection, the errors in the proceedings had rendered it a nullity ; no proxy was given by the party proceeding in the court below, and the proof of non-resi- dence was limited to evidence of the absence of the party from the rectory house. On behalf of the respondent, it was argued that none of the objections affected the sub- stantial merits of the case. The proceedings had been perfectly correct, and the proof of non-residence was so full that it could not be carried further. The argument that the proceedings should have been under Stat. 3 & 4 Vict. c. 86, was equivalent to saying there could be no proceeding at all, for this act made no provision for such a pro- ceeding. The Act 1 & 2 Vict. c. 106, was not repealed by the Church Discipline Act. Neither could the proceeding have been by articles, for if so, it must have been under the Church Discipline Act, by which, however, there could be no proceeding against a clerk for non-residence, in " the court of the bishop," in which court, and in no other, the penalties and forfeitures incurred under the Non-Residence Act, could be reco- vered. The offence was not dealt with as a criminal act, but as a particular offence, un- der a particular statute, affixing a particular penalty. It was never intended that this should be treated as a criminal proceeding, though, under the canon law, non-residence is a highly penal offence. The Act 3 & 4 Vict. c. 86, was passed for the correction of clerks; but this proceeding is to recover a penalty under Stat. 1 & 2 Vict. c. 106. Sir Herbert Jenner Fust said, this being the first proceeding to recover a penalty under the statute, the question was too im- portant to be disposed of at the moment of hearing. He would not say that the case was entirely without difficulty ; but he agreed that the question was, whether Stat. 1 & 2 Vict. c. 106, was repealed, by implication, by Stat. 3 & 4 Vict. c. 86. He must con- sider the case. [The judgment in this case was not delivered at the time that the fore- going report was sent to press, but it will be published in the Supplement to these volumes, of January, 1846.] (2) Otherwise than is hereinbefore enacted or provided: — Although section 23 takes away the visitor's power of punishing an offence against the general law of the church, it would probably be held, that he would still be able to enforce the particular statutes of the cathedral subject to his visitation. 3 Burn's E. L. by PhiUimore, 364. Accord- ing to the decision, In the matter of the Dean of York, (2 Q. B. 31,) this clause has taken away any power which the ordinary qua visitor might have possessed of depriv- ing a clerk summarie et sine figurd judicii. (1) Where the bishop . ... is the pa- tron:— "Two courses are open to a bishop who is patron of the preferment of the ac- cused clerk. 1. To send the complaint by letters of request to the court of the pro- vince. 2. To substitute, in the first instance, what may be called the personal authority (given by this act) of the archbishop in the place of his own. " There does not seem to be any provision for a case where the archbishop is himself both patron of the preferment and ordinary of the party accused. The court of Delegates were not capable of accepting letters of re- quest, and it is presumed the judicial com- mittee of the Privy Council are in the same condition. It would appear therefore, that there is a casus omissus in this statute, unless it be held that, as by sect. 1 of this act, the word 'bishop' is to comprehend 'archbi- shop,' the archbishop, when ordinary and patron, may send the case by letters of request to the judge of the court of appeal of the province, that is, send letters of request to his own chancellor. But this would ap- pear to be a very forced and improbable con- struction of the act." 3 Burn's E. L. by Phillimore, 364. 2094 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 LXXIV. Stat. 3 & 4 Victoria, cap. xct. A.D. 1840. *\^ICT CAP * ' "An Act to amend an Act for enlarging the present or providing a new Work- house for the use of the Parish of Stroud, in the County of Kent; for better governing, maintaining, and employing the Poor of the said Parish ; and also for repairing or rebuilding the Church and Tower of the same Parish, and for other Purposes relating thereto." Stat. 3 & 4 Vict. c. 92. Certain regis- ters to be de- posited in the custody of the registrar- general. Proviso as to registers not received. Continuance of commissioners for twelve months. Their duty. LXXV. Stat. 3 & 4 Victoria, c. 92. A.D. 1840. "An Act for enabling Courts of Justice to admit Non-Parochial Registers as Evidence of Births or Baptisms, Deaths or Burials, and Marriages." " Whereas by a commission under the great seal, bearing date the thirteenth day of September, in the seventh year of the reign of his late majesty, certain per- sons therein named were appointed commissioners for inquiring into the state, custody, and authenticity of any registers or records of births or baptisms, deaths or burials, and marriages lawfully solemnized, as had been kept in England and Wales, other than the parochial registers, and the copies thereof deposited with the diocesan registrars, and for inquiring whether any and what measures could be beneficially adopted for collecting and arranging and depositing such registers or records, and for considering and advising the proper measures to be adopted for giving full force and effect as evidence in all courts of justice to all such registers as were found accurate and faithful, and for facilitating the production and recep- tion of the same : and by another commission under the great seal, issued in the first year of her present majesty, the powers and duties of the said commissioners were continued; and whereas there are now about seven thousand registers in in the custody of the said commissioners, which by their report to her majesty, bearing date the eighteenth day of June one thousand eight hundred and thirty- eight, they have recommended to be kept together in some secure place of deposit, and to be deemed to be in legal custody, and to be receivable in evidence in all courts of justice, subject to certain conditions and restrictions therein recommended ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, iD this pre- sent parliament assembled, and by the authority of the same, that the registrar- general of births, deaths, and marriages in England shall receive, and deposit in the general register office, all the registers and records of births, baptisms, deaths, burials, and marriages now in the custody of the commissioners appointed by her majesty as aforesaid, and which they have by their said report recommended to be kept in some secure place of deposit, and also the several registers and records mentioned in the schedules (H), (I), (P), and (Q,), annexed to the said report of the said commissioners, and also such other registers as are hereinafter directed to be deposited with him ; provided that none of the said registers or records not already in the custody of the said commissioners shall be received by the registrar- general, unless the person or persons now having the custody thereof shall, within three calendar months from the passing of this act, send the same to the said com- missioners for examination by them. " II. And be it enacted, that such of the said commissioners as are now living shall be continued commissioners for the purposes hereinafter mentioned for the space of twelve calendar months from the passing of this act, and they are hereby authorized, from time to time during the said twelve months, to inquire into the state, custody, and authenticity of every register or record of birth, baptism, naming, dedication, death, burial, and marriage which shall be sent to them within three calendar months from the passing of this act, and such as they shall find accurate and faithful they shall certify under the hands and seals of three or more of them (of whom the registrar-general shall not be one) as fit to be placed with the other registers and records hereby directed to be deposited in the said office ; and the registrar-general, upon receiving the said certificate of the said commis- sioners, accompanied by an order of one of her majesty's principal secretaries of r STATUTA VICTORIA. A.U. 1837—1344. 2095 state, shall receive such registers and records, and deposit them with the registers and records which are now in the custody of the said commissioners. "III. And be it enacted, that every office or place where any registers or records which by this or any other act are directed to be in the custody of the registrar-general, shall be deposited by direction of the registrar-general, with the approval of the lord high treasurer, or three or more commissioners of her majesty's Treasury, shall be deemed to be a branch or part of the general register office, so long as such registers or records shall remain therein, and the execution of this act shall be deemed to be a part of the business of the general registrar office. " IV. And be it enacted, that the said commissioners shall from time to time deliver to the registrar-general a descriptive list or lists of all the registers and records now in their custody, and also of all the registers and records which shall be so certified as fit to be placed with the other registers and records in the general register office, containing such particulars, and referring to the registers and records in such manner, as in the opinion of the registrar-general shall be sufficient to identify every such register and record ; and three or more of the said commis- sioners, (of whom the registrar-general shall not be one,) shall certify under their hands, upon some part of every separate book or volume containing any such register or record, that it is one of the registers or records deposited in the general register office pursuant to this act, and in every case in which the commissioners shall certify to the registrar-general as aforesaid that certain parts only of such registers or records appear to them to be original or authentic, the commissioners shall refer in the descriptive list or lists, and also in the certificate upon such book or volume, to those parts, in such manner as to identify them to the satisfaction of the registrar-general. " V. And be it enacted, that the registrar-general shall cause lists to be made of all the registers and records which may be placed in his custody by virtue of this act ; and every person shall be entitled, on payment of the fees hereinafter mentioned, to search the said lists, and any register or record therein mentioned, between the hours of ten in the morning and four in the afternoon of every day, except Sundays and Christmas day and Good Friday, but subject to such regula- tions as may be made from time to time by the registrar-general, with the appro- bation of one of her majesty's principal secretaries of state, and to have a certified extract of any entry in the said registers or records, and for every search in any such register or record shall be paid the sum of one shilling ; and for every such certified extract the sum of two shillings and sixpence and no more. " VI. And be it enacted, that all registers and records deposited in the general register office by virtue of this act, except the registers and records of baptisms and marriages at the Fleet and King's Bench prisons, at May Fair, at the Mint in Southwark, and elsewhere, which were deposited in the registry of the bishop of London in the year one thousand eight hundred and twenty-one, as hereinafter mentioned, shall be deemed to be in legal custody, and shall be receivable in evi- dence in all courts of justice, subject to the provisions hereinafter contained ; and the registrar-general shall produce or cause to be produced any such register or record, on subpoena or order of any competent court or tribunal, and on payment of a reasonable sum, to be taxed as the court shall direct, and to be paid to the regis- trar-general, on account of the loss of time of the officer by whom such register or record shall be produ ced, and to enable the registrar-general to defray the travelling and other expenses of such officer. " VII. And be it enacted, that every sum received under the provisions of this act by or on account of the registrar-general shall be accounted for and paid by the registrar-general, at such times as the commissioners of her majesty's Treasury of the United Kingdom of Great Britain and Ireland from time to time shall direct, into the Bank of England, to the credit of her majesty's exchequer, according to the provisions of an act passed in the fourth year of his late majesty King William the Fourth, intituled, 'An Act to regulate the Office of the Receipt of His Majesty's Exchequer at Westminster.' " VIII. And be it enacted, that every person who shall wilfully destroy or Stat. 3 & 4 Vict. c. 92. Declaratory provisions as to the general register office. Commissioners to identify the registers deposited. Lists to be made; which shall be open to search; and certified extracts had therefrom. Registers deemed in legal custody and shall be receivable in evidence. Fees to be accounted for. 4 & 5 Gul. 4 c. 15. Wilful injury 2096 STATU T A VICTORLE. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 92. or forgery of registers, felony. Extracts from registers to be stamped with the seal of office. Extracts to describe the register whence taken. Production of register shall be sufficient. Certified ex- tracts may be used in courts of law and sessions, upon notice given. If the original be used, notice must never- theless be given. Certified ex- tracts may be used in evi- dence on exa- mination of witnesses, or at the hearing of the cause in courts of equity, upon notice. injure, or cause to be destroyed or injured, any register or record of birth or bap- tism, naming or dedication, death or burial, or marriage, which shall be deposited with the registrar-general by virtue of this act, or any part thereof, or shall falsely make or counter eit, or cause to be falsely made or counterfeited, any part of any such register or record, or shall wilfully insert or cause to be inserted in any of such registers or records any false entry of any birth or baptism, naming or dedi- cation, death or burial, or marriage, or shall wilfully give any false certificate, or shall certify any writing to be an extract from any register or record, knowing the same register or record to be false in any part thereof, or shall forge or counterfeit the seal of the said office, shall be guilty of felony. " IX. And be it enacted, that the registrar-general shall certify all extracts which may be granted by him from the registers or records deposited or to be deposited in the said office, and made receivable in evidence by virtue of the pro- visions herein contained, by causing them to be sealed or stamped with the seal of the office ; and all extracts purporting to be stamped with the seal of the said office shall be received in evidence in all civil cases, instead of the production of the ori- ginal registers or records containing such entries, subject nevertheless to the provisions hereinafter contained. "X. And be it enacted, that every extract granted by the registrar-general from any of the said registers or records shall describe the register or record from which it is taken, and shall express that it is one of the registers or records depo- sited in the general register office under this act ; and the production of any of the siid registers or records from the general register office, in the custody of the proper officer thereof, or the production of any such certified extract containing such description as aforesaid, and purporting to be stamped with the seal of the said office, shall be sufficient to prove that such register or record is one of the registers and records deposited in the general register office under this act, in all cases in which the register or record, or any certified extract therefrom, is herein respectively declared admissible in evidence. " XI. And be it enacted, that in case any party shall intend to use in evidence on the trial of any cause in any of the courts of common law, or on the hearing of any matter which is not a criminal case at any session of the peace in England or Wales, any extract, certified as hereinbefore mentioned, from any such register or record, he shall give notice in writing to the opposite party, his attorney or agent, of his intention to use such certified extract in evidence at such trial or hearing, and at the same time shall deliver to him, his attorney or agent, a copy of the extract, and of the certificate thereof ; and on proof by affidavit of the service or on admission of the receipt of such notice and copy, such certified extract shall be received in evidence at such trial or hearing, if the judge or court shall be of opinion that such service has been made in sufficient time before such trial or hearing to have enabled the opposite party to inspect the original register or record from which such certified extract had been taken, or within such time as shall be directed by any rule to be made as hereinafter provided. " XII. And be it enacted, that in case any party shall intend to use in evidence on such trial or hearing any original register or record, (instead of such certified extract,) he shall, nevertheless, within a reasonable time, give to the opposite party notice of his intention to use such original register or record in evidence, and deliver to such opposite party a copy of a certified extract of the entry or entries which he shall intend to use in evidence. " XIII. And be it enacted, that in case any party shall intend to use in evidence on any examination of witnesses, or at the hearing of any cause in any court of equity, any extract, certified as hereinbefore mentioned, he shall, ten clear days at the least before publication shall pass in any cause where no commission has issued for the examination of the witnesses of the party intending to give such evidence, or where such commission shall issue then seven clear days at the least before the opening of such commission, deliver to the clerk or clerks in court of the opposite party or parties a notice in writing of his intention to use such certified extract in evidence on the examination of witnesses or at the hearing of the cause, (as the STATUTA VICTORLE. A.D. 1837—1844. 2097 case may be,) and shall at the same time deliver to the clerk or clerks in court of the opposite party or parties a copy or copies of such extract, and of the certificate thereof, and thereupon such certificated extract shall be received in evidence ; pro- vided that at the hearing of the cause the service of such certified copy and notice be admitted or proved by affidavit. " XIV. And be it enacted, that in case any party shall intend to use in evidence, on such examination or hearing in any court of equity, any original register or record, (instead of such certificated extract,) he shall nevertheless, within the num- ber of days hereinbefore respectively mentioned, deliver to the clerk or clerks in court of the opposite party or parties a notice of his intention to use such original register or record in evidence, together with a copy of a certified extract of the entry or entries which he shall intend to use in evidence. " XV. And be it enacted, that in case any party shall intend to use in evidence, upon any petition, motion, or other interlocutory proceedings in any court of equity or in the master's office, any extract, certified as hereinbefore mentioned, he shall produce to the court or master (as the case may be) an extract, certified as herein- before mentioned, accompanied by an affidavit stating the deponent's belief that the entry or entries in the original register or record is correct and genuine. " XVI. And be it enacted, that in case any party shall intend to use in evidence in any ecclesiastical court, or in the high court of Admiralty, any extract, certified as hereinbefore mentioned, he shall plead and prove the same in the same manner to all intents and purposes as if the same were an extract from a parish register, save and except that any such extract, certified as hereinbefore mentioned, shall be pleaded and received in proof without its being necessary to prove the collation of such extract with the original register or record : provided always, that the judge of the court, on cause shown by any party to the suit, (or of his own motion when the proceedings are in pcenam,) may, after publication, issue a monition for the production at the hearing of the cause of the original register or record containing the entry to which such certified extract relates. " XVII. And be it enacted, that in all criminal cases in which it shall be neces- sary to use in evidence any entry or entries contained in any of the said registers or records, such evidence shall be given by producing to the court the original register or record. " XVIII. And be it enacted, that at any time within three years from the passing of this act such rules may be made, by the authority hereinafter specified, for regulating the mode of reception of the said registers or records, or certified extracts therefrom, in evidence in the courts hereinafter mentioned, and for regu- lating the notice hereinbefore directed to be given, and the costs of producing such registers or records or extracts, as shall seem expedient, which rules, orders, and regulations shall be laid before both houses of parliament, and shall take effect within six weeks after the same shall have been so laid before parliament, and shall thereupon be binding and obligatory upon the said courts respectively, and be of the like force and effect as if the provisions contained therein had been herein expressly enacted. " XIX. And be it enacted, that such rules shall be made for the high court of Chancery by the lord high chancellor and the master of the rolls, and for the courts of Queen's Bench, Common Pleas, and Exchequer, by eight or more judges of the last-mentioned courts, of whom the chiefs of each of the last-mentioned courts shall be three, and for the high court of Admiralty by the judge of the court of Admi- ralty, and for the ecclesiastical courts in England and Wales by the official principal of the court of Arches, with the chancellor of the diocese of London, or with the commissary of the diocese of Canterbury. " XX. And be it enacted, that the several registers and records of baptisms and marriages performed at the Fleet and King's Bench prisons, at May Fair, and at the Mint in Southwark, and elsewhere, which were deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one, by the authority of one of his late majesty's principal secretaries of state, shall be trans- ferred from the said registrv to the custody of the registrar-general, who is hereby 0 S Stat. 3 & 4 Vict. c. 92. If the original be used, notice must neverthe- less be given. Certified ex- tract to be used in inter- locutory pro- ceedings, and in the master's office. Certified ex- tract to be used in ecclesias- tical courts; and the judge may order the production of the original. In criminal cases the originals to be produced. Rules to be made to regu- late the prac- tice as to ad- mission of registers. Who shall make such rules. Fleet and May Fair registers, &e 2098 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 92. Act may be amended this directed to receive the same for safe custody : provided nevertheless, that none of the provisions hereinbefore contained respecting the registers and records made receivable' in evidence by virtue of this act shall extend to the registers and records so deposited in the registry of the Bishop of London in the year one thousand eight hundred and twenty-one as aforesaid. " XXI. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." Stat. 3 & 4 Vict. c. 93. Privy council may order dis- charge of per- sons in custody under writ de contumace capiendo. Proviso. LXXVI. Stat. 3 & 4 Victoria, c. 93. A.D. 1840. "An Act to amend the Act for the better Regulation of Ecclesiastical Courts in England" " Whereas it is expedient to make further regulations for the release of persons committed to gaol under the writ de contumace capiendo: be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that after the passing of this act it shall be law- ful for the judicial committee of her majesty's most honourable Privy Council, or the judge of any ecclesiastical court, if it shall seem meet to the said judicial com- mittee or judge, to make an order upon the gaoler, sheriff", or other officer in whose custody any party is or may be hereafter, under any writ de contumace capiendo already issued or hereafter to be issued, in consequence of any proceedings before the said judicial committee or the judge of the said ecclesiastical court, for dis- charging such party out of custody ; and such sheriff, gaoler, or other officer shall on receipt of the said order forthwith discharge such party : provided always, that no such order shall be made by the said judicial committee or judge without the consent of the other party or parties to the suit : provided alwa}rs, that in cases of subtraction of church rates for an amount not exceeding five pounds where the party in contempt has suffered imprisonment for six months and upwards, the consent of the other parties to the suit shall not be necessary to enable the judge to discharge such party, so soon as the costs lawfully incurred by reason of the custody and contempt of such party (1) shall have been discharged, and the sum for which (1) Costs lawfully incurred ly reason of the custody and contempt of such party : — Under such words, costs in the ecclesiastical court only are intended. Thus, in Baker v. Thorogood, (2 Curt. 632,) Dr. Lushington observed: — " I am now, for the first time, to carry into effect a new act — totally different from any other — passed with a view of authorizing the release of a person in custody ; and in consequence it becomes the duty of the court to be guided by the true meaning of the act. " In order to ascertain the true construc- tion of the statute, I think it necessary, in the first instance, to consider the state of the law prior to the passing of it, and then to see how far the law has been altered by the statute. "The person committed in this case for contempt was sued in the ecclesiastical court, for church rate, a subject over which the court had undoubted jurisdiction. He re- fused to appear, or to submit to the judg- ment of the court ; he was consequently pro- nounced in contempt, his contempt was sig- nified, and he has been for a considerable time past in custody. If no such statute had passed, the course of proceeding would have been this : the court would have been called upon, at the instance of the party imprisoned for contempt, to allow his contempt to be purged, and that could only be done on the payment of the costs incurred in this court in consequence of his contempt, and on his taking the usual oath to submit to the lawful commands of his ordinary. Now, let us see whether, under these extraordinary circum- stances, the court would have required any- thing more to be done on the part of Mr. Thorogood. Suppose application had been made, either for a writ of habeas corpus, or for the purpose of quashing the writ de con- tumace capiendo, to a court of common law, and that court, had been of opinion, that the Consistorial court of London had properly exercised its jurisdiction, and it had refused the application; unquestionably, the other party must have incurred certain costs. Now, whatever those costs may have been, it is perfectly clear that, previous to the statute, I could have taken no cognizance of them at all; because the proceedings would have been before another jurisdiction, which was alone competent to decide whether a party was liable to the costs, and to cause the costs to be paid. I now consider the provisions of the present statute, and to what extent it has altered the antecedent law. " I have observed that, prior to the pass- ing of this statute, it was requisite for a party to submit himself to the jurisdiction of the court, and to take an oath of obedience. I apprehend that, unless under very peculiar STATUTA VICT0RI7E. A.D. 1337-1844. 2099 he may have been cited into the ecclesiastical court shall have been paid into the Stat. 3 & 4 registry of the said court, there to abide the result of the suit; and the party so Vict, c. 93. discharged shall be released from all further observance of justice in tht said suit. " II. And be it enacted, that any such order may be in the form given in the Form of order, schedule annexed to this act. ^ct ma ^e " III. And be it enacted, that this act may be amended or repealed by any act amended this to be passed in this session of parliament." session. circumstances, it would not have been com- petent to this court to allow a party to purge his contempt without taking the oath of obe- dience. This is a question which I have endeavoured to investigate to the utmost of my ability, and I do not find it has ever been done, unless under very peculiar circum- stances. This having been the state of the law, what change has been made by the pre- sent act? It empowers the judicial commit- tee of the Privy Council, or the judge of an ecclesiastical court, if it shall seem meet to the said committee or judge, to make an order for the discharge of a party out of cus- tody ; so that the act confers a discretionary power, which the court, under ordinary cir- cumstances, had no right to exercise. It then provides, that no such order shall be made without the consent of the other party : that is, that the court can dispense with the oath of obedience if the other party consent. The next proviso, which is applicable to the present case, is, 'that, in cases of subtrac- tion of church rate, for an amount not exceed- ing five pounds, where the party in contempt has suffered imprisonment for six months and upwards, the consent of the other party to the suit shall not be necessary to enable the judge to discharge such party, so soon as the costs lawfully incurred by reason of the cus- tody and contempt of the party shall have been discharged, and the sum for which he may have been cited into the ecclesiastical court shall have been paid into the registry of the said court.' The effect of this proviso is to give the court a power, where these cir- cumstances concur, namely, in a church-rate case, where the amount does not exceed five pounds, and the party in contempt has been imprisoned for six months; to discharge the contumacious person without the consent of the other party ; but it requires that the costs lawfully incurred by reason of such custody and contempt shall be previously paid. The question, then, is narrowed to this: whether the costs taxed by the registrar are the costs intended by the statute; or whether I am bound to take into my consideration the costs alleged to have been incurred in the proceed- ings adverted to by the queen's advocate? '* I think it is obvious that, 1 costs lawfully incurred by reason of the custody and con- tempt,' must mean, primarily at least, costs incurred in this court; because it is over such costs alone, that this court had jurisdiction before the passing of the act; and it is with respect to these costs alone that this court has the means of ascertaining their due and proper amount. It would be singular if this court had conferred upon it the extraordinary power of ascertaining, and not only ascer- taining, but of deciding upon a party's liabi- lity to the costs in another court. I do not know, in this case, whether the court of Queen's Bench has condemned the party in the costs, or what is the amount of the costs, if it has so condemned him, and I do not pos- sess the means of ascertaining either ques- tion. Again, it would be singular if this court should be invested with the power of keeping a person in prison till the costs in another court were paid, that other court being invested with power infinitely superior, and able to exercise it, for enforcing the payment of any costs it may condemn a party in. Therefore, it does appear to me, that, unless the words of the statute were so extremely strong as to leave the court in no doubt as to their meaning, I should act most in accord- ance with the ancient practice of these courts, if I were to confine their meaning to the costs incurred in this court. I do not think, indeed, that it is consistent with the object and intention of the legislature that these words should include the costs of an opposi- tion to an application for a writ of habeas corpus, or for a rule to quash a writ de con- tumace capiendo. "Then the single question is, what I ought to do in this case with reference to the dis- cretionary power conferred upon me by this statute. The amount of the rate sued for is 9*. 2d. It is admitted that the party; not only refusing to pay but setting the authority of the court at defiance ; has been in prison for a period twice the length of time men- tioned in the act. In exercising the discre- tion conferred upon me by the statute, I must act according to its true meaning and intention, without reference to any opinion which may be entertained as to the propriety or impropriety of the conduct of the party in any part of the case. I think it is clear, from a perusal of the act, that under ordi- nary circumstances, considering that the amount of rate sued for in this case is considerably under hi. and that the party has been imprisoned for much longer than six months, the court (unless under very peculiar circumstances) is bound by the words of the act, and will, in this case, exercise a just discretion in directing the party to be released from confinement. "The course I shall adopt is this: on the amount of the costs, as taxed by the regis- trar, being paid into court, and also the charge incurred for the warrant, and also the amount of the rate sued for, as stated in the libel, to direct John Thorogood to be released from prison, without any further order." 6 S 2 2100 STATUTA 'VICTORIA. A.D. 1837—1844. Stat,3&4 "Schedule. Vict. c. *>3. "Warrant of Discharge. " To the sheriff [gaoler, or keeper, as the case may be~] of in the county of " Forasmuch as good cause hath heen shown to us [or me] [here insert the description of the judicial committee or judge, as the case may he], wherefore A. B., of , now in }rour custody, as it is said, under a writ de contumace capiendo, issued out of [here insert the description of the court out of which the writ issued], in a suit in which [here insert the description of the parties to the suit], should be discharged from custody under the said writ ; we [or I], therefore, with the consent of the said [here insert the description of the parties consenting], command you, on behalf of our sovereign lady the queen, that if the said A. B. do remain in your custody for the said cause and no other, you forbear to detain him [or her] any longer, but that you deliver him [or her] thence, and suffer him [or her] to go at large, for which this shall be your sufficient warrant. " Given under th^ seal of at the day of in the year of our Lord "A.B., registrar or deputy registrar " [or, as the case may be~]." Stat. 3&4 LXXVII. Stat. 3 & 4 Victoria, c. 101 . [Ireland.] A.D. 1840. [Ir"]' C "An Act to amend several Acts relating to the Temporalities of the Church in Ireland." " Whereas an act was passed in the session of parliament holden in the third 3 & 4 Gul. 4, and fourth years of the reign of his late majesty, intituled, 4 An Act to alter and 4 &'s Gul 4 amend the Laws relating to the Temporalities of the Church in Ireland,' which act c gQ ' was amended by two acts passed respectively in the sessions of parliament holden 6 & 7 Gul. 4, in the fourth and fifth and sixth and seventh years of the same reign : and whereas c- 99. it is expedient to amend the said acts in certain respects, be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, The consent of and by the authority of the same, that in every case in which the appointment, the curate or presentation, or collation of a clerk to any benefice or parish shall have been sus- officiating mi- pen(jej pursuant to the said first-recited act, and a curate or other minister shall njster ot any suspended have been appointed to officiate within such benefice or parish, the consent of such benefice shall curate or officiating minister shall, for all purposes for which the consent of the be good for rector, vicar, or incumbent of such benefice or parish may by law be required, be certain pur- ag yg^^ an(j effectual, during such suspension, as if such curate or officiating poses. minister were the rector, vicar, or incumbent of such benefice or parish. The valuation " II. And whereas the said ecclesiastical commissioners for Ireland did, pursu- oiade for the ant to the provisions of the hereinbefore first-recited act, cause a valuation to be t^taTunder ma(^e °f the revenues of the several dignities and benefices liable, under the pro- 3 & 4 Gul. 4, visions of the said act, to the payment of the tax, rate, or assessment in such act c. 37. shall be mentioned, and did, according to such valuation, compute and impose such tax, amended, and ratej or assessment, on the several dignities and benefices respectively liable thereto, respec^of11 ^ ^ut, ^ reason of the opposition to the payment of tithes in Ireland, it was in many arrears. cases found impossible to enforce payment of the same ; and the said commissioners have, in the exercise of the discretion in that behalf vested in them by the said act, extended the time for the payment thereof : and whereas by an act passed in 1 & 2 Vict. the session of parliament holden in the first and second years of the reign of her c- l°9. present majesty, intituled, 'An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-Charges in lieu thereof,' the right of all persons in and to all tithes and composition for tithes theretofore accrued, or at any time thereafter to accrue due in Ireland, wholly ceased and determined, with certain exceptions in the said act mentioned ; and by the said act a certain fund was appropriated to the relief of the several persons who, if the said act had not been made, would have been entitled to compositions for tithes accrued due for certain years in the said STATUTA VICTORLE. A.D. 1837-1844. 2101 act mentioned, and further provision was made for the payment to the parties Stat. 3 & 4 theretofore entitled to certain tithes and composition for tithes vested in her majesty Vict. c. 101. by the said act of such sums as should be paid or recovered by her majesty's attor- L R'- ney-general for Ireland on account thereof : and whereas it is reasonable that the parties whose right to the arrears of tithe or tithe composition due to them has so ceased and determined should be relieved from the payment of the said tax in respect of such portion of the revenues of their benefices or promotions as by the operation of the said act may have been lost to them, or shall not be hereafter paid to them, and that for the purpose of computing the amount of tax justly payable by them, the valuation and assessment of their respective dignities or benefices hereto- fore made by the said ecclesiastical commissioners shall be amended ; be it therefore enacted, that it shall and may be lawful for the said ecclesiastical commissioners, when and as they shall think necessary, to alter and amend the valuation heretofore made by them of the revenues or emoluments of all or any of such dignities or bene- fices, under the rank of bishoprics, as were or are now liable to the said tax, rate, or assessment, or any arrears thereof, for any of the years preceding the year one thousand eight hundred and thirty-eight ; and in altering or amending such valu- ation the said commissioners shall have regard to and include all or any such pay- ments as may or shall be made to any dignitary or incumbent, pursuant to the provisions of the said recited act of the first and second years of her present majesty's reign ; and they shall assess and compute the tax or arrears thereof to which every such dignity or benefice, under the rank of a bishopric, was or shall be deemed to be or have been liable for any year or portion of any 3rear, preceding the year one thousand eight hundred and thirty-eight, upon such altered or amended valuation, according to the several rates or scales specified in the schedule (A) annexed to the said hereinbefore first-recited act, in like manner as if such altered or amended valuation had been the valuation of each such dignity or bene- fice originally made, pursuant to the provisions of the said act ; and all arrears of the said tax so assessed and computed, if any, now remaining unpaid, shall and may be recovered by all such ways and means as are in and by the said act provided for enforcing payment of the said tax, rate, or assessment : provided always, that it shall and may be lawful for the said ecclesiastical commissioners, if they shall so think fit, in any case to direct the payment of the whole or any portion of the arrears of the said tax, rate, or assessment, by instalments, of such amount, and to be paid at such times, and subject to such conditions for securing the payment thereof, as they shall deem reasonable, but so nevertheless that the whole shall be paid within five years next after the passing of this act ; provided further, that in any case where it shall appear to the said commissioners that any party shall have paid on account of such tax any sum with which he would not have been justly chargeable under such amended valuation, or any sum greater than, under such amended valuation, he would have been justly chargeable with, the said commis- sioners shall repay and refund to such party the sum or overplus so paid. " III. And be it enacted, that in all cases in which application shall be made In cases of to the said ecclesiastical commissioners, pursuant to the said recited acts or any of proprietary them, to pay or apply any sum or sums of money for or towards the rebuilding, chaPels' com_ enlarging, or repairing of any church or chapel, now or which may be hereafter haw adfccre- erected or appropriated and endowed by virtue of an act passed in the session of tion as to con- parliament holden in the sixth and seventh years of the reign of his late majesty, tributing to- intituled, < An Act to amend an Act of His late Majesty King George the Second, ™rds repairs' for the Encouragement of building of Chapels of Ease in Ireland,' or for or towards 6& 7 GuL 1, the providing of things necessary for the celebration of divine service in any such c. 31. church or chapel, or for or towards the payment of the salaries for maintenance of the clerks or sextons thereof, the person or persons so making such application shall, and he and they is and are hereby required to furnish to the said ecclesiastical commissioners a statement in writing, in such form and for such period, and veri- fied in such manner, as the said commissioners shall direct, of the annual or peri- odical income belonging to or derived or produced by such church or chapel, or received by the minister or ministers thereof, whether the same shall arise from any endowment or endowments, or from the sale or letting of pews, or the amount of 2102 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 101. [IR.] Fund to be provided for repairs of church or chapel, in addition to that set apart for support of minister. 4 & 5 Gul. 4, c. 90, s. 5, recited and in part repealed. collections made in such church or chapel, or from any other source or sources what- soever, and how such income has been theretofore applied, and is in future intended to be applied ; and that it shall and may be lawful for the said commissioners, having regard to the amount and application of such income, to pay or contribute such sum or sums as under or by virtue of the said recited acts, or any of them, they might or ought to have paid or contributed for or towards the providing of things necessary for the celebration of divine service in such church or chapel, as required and authorized by any rubric or canon in force in England or Ireland, or for or towards payment of the salaries for maintenance of the clerks or sextons of such church or chapel, or for or towards the rebuilding, enlarging, or repairing of the same, or, at their discretion, to withhold, in case of any such church or chapel, the payment of any sum or sums of money for or towards the several objects and purposes aforesaid, or any of them. " IV. And whereas it was by the hereinbefore recited act passed in the sixth and seventh years of the reign of his late majesty, amongst other things, enacted, that upon any lands set apart for that purpose as in the said reciting act men- tioned it should and might be lawful to and for any person or persons, bodies politic or corporate, to erect and build a church or chapel, or to appropriate as a church or chapel any building already erected on such land, in which the liturgy and rites of the united church of England and Ireland as by law established was to be used and observed, who should first settle and assure lands, tenements, or hereditaments held in fee-simple or for lives with covenant for perpetual renewal thereof, or for a term of ninety-nine years, of which sixty years at the least should be then unexpired, free from incumbrances, and of the clear yearly value of fifty pounds at the least, or money in any of the government funds amount- ing at the least to one thousand two hundred and fifty pounds, as a provision or maintenance for a minister to officiate in such church or chapel, and his successors for ever, as a perpetual endowment of such church or chapel : and whereas it is expedient that a fund shall be provided for the repairs of every such church or chapel in like manner as is by law required in respect of churches and chapels built or appropriated under similar enactments in England ; be it therefore enacted, that in addition to the endowment required to be made for the support or maintenance of the minister and his successors to officiate in any church or chapel built or appropriated under the provisions of the said recited act, it shall, from and after the passing of this act, be necessary also to provide a fund for the repairs of the said church or chapel in manner following ; (namely,) one sum equal in amount to three pounds upon every one hundred pounds of the original cost of erecting and fitting up or of purchasing such chapel or building, to be secured upon lands or money in the funds as aforesaid, and also a further sum to be reserved annually out of the pew rents of the said church or chapel, after the rate of three pounds for every one hundred pounds of the sum so to be provided as last aforesaid. " V. And whereas it was by the hereinbefore recited act of the fourth and fifth years of the reign of his late majesty, among other things, enacted, that where there shall not be any vicar or curate in any parish which, or the tithes or any portions of the tithes and glebes whereof, may be appropriated or united to any archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, it shall and may be lawful for the lord lieutenant of Ireland and the privy council there, if they shall so think fit, by and with the consent and approbation of the archbishop, bishop, dean, archdeacon, dignitary, prebendary, or canon thereof, or whensoever such archbishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry shall be void, to disappropriate, disunite, and divest such parish, and all tithes, portions of tithes, or glebes thereunto belonging, from and out of such arch- bishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, and, if they shall so think fit, to order and direct that such tithes or portions of tithes, or glebes, so disunited, shall from thenceforward be united and annexed to any neighbouring rectory, vicarage, or perpetual curacy, as in the said act after men- tioned, or shall be and become for ever a separate benefice and parish : and whereas it is expedient to repeal part of the said recited enactment, and to make other pro- visions in lieu thereof ; be it therefore enacted, that so much of the said recited STATUTA VICTORLE. A.D. 1837—1844. 2103 enactment as empowers the said lord lieutenant and council to unite and annex Stat. 3 & 4 any parish, tithes or portions of tithes, or glebes, so disunited, to any neigh- Vict. c. 101. bouring rectory, vicarage, or perpetual curacy, shall be and the same is hereby L R'-1 repealed. " VI. And be it enacted, that in lieu of uniting and annexing any parish, tithes Disappro- or portions of tithes, or glebes, so disunited, to any neighbouring rectory, vicarage, P^^1^8' or perpetual curacy, it shall be lawful for such lord lieutenant and council, if they car"ried t0 the shall not think fit to erect the same into a separate benefice or parish, to order and general fund of direct that such parish, tithes or portions of tithes, or glebes, so disunited, shall be the ecclesias- transferred to the said ecclesiastical commissioners, and the right and interest in ^J°mb™].8' and to the same, and all arrears thereof, shall thereupon vest in the said commis- charge(J with a sioners, and be by them carried to the general fund under their administration, sum not ex- after making thereout such provision, if needed, for the due performance of the ceeding 1000Z. occasional duties of such parish or place, as the said commissioners may think fit : Per annum. for .11 i i n -i n ^ -i •• augmentation provided nevertheless, that it shall and may be lawful for the said commissioners, of gmaU from and out of the monies hereafter accruing to the said fund by the means afore- livings. said, and in preference to any other purposes to which the said fund may be by law now primarily applicable, to appropriate such sum or sums as they may think fit, not exceeding one thousand pounds in any one year, to the like purposes and uses as the monies bequeathed by Dr. Hugh Boulter and Dr. Richard Robinson, formerly Archbishops of Armagh, and now vested in the said commissioners, are by law applicable. "VII. And whereas the said last-recited act contains a further enactment, 4 & 5 Gul. 4, which it is expedient, with regard to the provisions hereinbefore made, shall also c- ^J^8^ be repealed ; be it therefore enacted, that the enactment of the said recited act of repeaie(j the third and fourth years of his late majesty's reign hereinafter following shall be and the same is hereby repealed ; (that is to say,) so much of the said recited act as enacts, that in any case in which the said lord lieutenant and council shall have power and authority, under the provisions of the said recited act, or under the provisions of the said act of the fourth and fifth years of the same reign, and shall think fit to disappropriate, disunite, and divest any rectory, vicarage, tithes or portion of tithes, and glebes or part or parts thereof, from and out of any arch- bishopric, bishopric, deanery, archdeaconry, dignity, prebend, or canonry, it shall and may be lawful for such lord lieutenant and council, if they shall so think fit, to unite and annex to any adjoining or neighbouring rectory, vicarage, or perpetual curacy as aforesaid, such rectory, vicarage, tithes or glebes, or any part or parts or portions thereof respectively, so disappropriated, disunited, or divested as afore- said, together with the actual cure of souls within such rectory or vicarage, or such part or parts thereof so united or annexed respectively, or within such place or places respectively, whereof the tithes or glebes shall be so united and ! n ie> ed. " VIII. And whereas it was by the hereinbefore recited act of the first and 1 & 2 Vict, second years of the reign of her present majesty, among other things, provided, that c* 109' s* la> in every case in which no applotment of a composition for tithes had been hitherto made, pursuant to the provisions of the several acts for establishing such composi- tions therein referred to, it should be lawful for any person or persons in any parish who would have been, in case such act had not been made, individually or collectively liable to the payment of more than one fourth part of the amount of the whole composition established in and for such parish, to apply for the making of such applotment to the lord lieutenant or the chief governor or governors of Ireland in council, and that such application should be made by memorial to be lodged with the clerk of the council before the first day of October then next, and notified by public advertisement, and otherwise, as in the said act mentioned : and whereas it is expedient to make further provision for the applotment of such com- positions in parishes in which no such applotment has been made under the said acts or any of them : be it enacted, that in any case in which no applotment of the In any case said composition for tithes shall have been hitherto made, it shall be lawful for any where no aP" . .11 , , , , . , , , plotment ot person or persons in any parish who would have been, in case the said act had not [itiie COmposi- been made, entitled to the receipt of the composition established in and for suck tion has been 2J04 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 101. [Ik.] made, any person who would have been entitled to the receipt or liable to the payment of such composi- tion, may apply to have such applot- ment made. Persons liable to tithe or tithe rent- charge may oppose the application for an applotment by a counter memorial. Proceedings thereon re- spectively. Lord lieute- nant and coun- cil empowered , at their discre- tion, to cause such applot- ment to be made. The expense to be defrayed by grand jury presentment. Applotment to be subject to appeal, &c. parish, or any portion thereof, or for any person or persons in any parish who shall be individually or collectively liable to the payment of more than one fourth of the whole amount of the rent-charges charged under the provisions of the said recited act upon the lands theretofore subject to the payment of the said compositions for tithes in such parish, to apply to the said lord lieutenant in council for the making of such applotment ; and that such application shall be made by memorial, to be lodged, at any time before the first day of October now next, with the clerk of the said council : and notice of every such memorial shall be posted at the door of every church and chapel within such parish, and at the usual place or places of posting grand jury notices in the barony or half barony, baronies or half baronies, in which the parish to which such memorial may refer is situated ; and shall be once published in some newspaper circulating within such parish ; such posting and publication to be made by the memorialist within ten days after such memorial shall be so lodged as aforesaid. " IX. And be it enacted, that it shall be lawful for any person or persons, liable to the payment of any rent-charge in such parish under the said recited act, to apply by counter- memorial to the lord lieutenant in council to be heard in opposi- tion to such memorial, such counter-memorial to be lodged with the clerk of the council within twenty days after such notice shall have been published as afore- said, or within such further time as such lord lieutenant in council shall order ; and it shall be lawful for the lord lieutenant in council to examine into the merits of any such memorial or counter-memorial, and for that purpose to receive such evidence on oath and otherwise as to him shall seem meet, and to make such order whether for dismissing such memorial, or for directing an applotment to be made or respecting the manner in which such applotment shall be made, or respecting the omission therefrom of any lands which may appear to be tithe free, or other- wise, as to the said lord lieutenant in council shall seem meet ; and it shall be lawful for the said lord lieutenant and council, for the better informing them upon any matter relating to the subject of the prayer of such memorial or counter memorial, to direct any such matter to be inquired into before the judge or judges of assize for the county in which such parish shall be situate, with or without a jury, as the lord lieutenant and council shall order, and such judge or judges shall so inquire accordingly, and shall receive evidence on such inquiry, as in cases of trials by nisi prius, and shall certify the result of such inquiry to the lord lieute- nant in council. " X. And be it enacted, that in every such case it shall and may be lawful for the said lord lieutenant in council, if he shall so think fit, to appoint one or more skilful person or persons to make such applotment, who shall therein, (subject to any order or orders of the lord lieutenant in council made under this act,) have and exercise the like powers, privileges, and authorities, and observe, as far as may be, the like regulations, as are given and directed to be observed by the said acts for establishing compositions of tithes ; and the said lord lieutenant shall cause to be paid to the person or persons employed for the purposes aforesaid such remune- ration as he shall think reasonable, and the expenses thereof shall be repaid by grand jury presentment on or off the parish in which such expenses shall have been incurred ; and a certificate of the amount so expended in respect of each such parish shall be transmitted, under the hand of the paymaster of civil services in Ireland, to the treasurer of the county in which such parish may be situate, and such treasurer shall insert the sum specified in such certificate in his warrant for the collection of the money to be raised and levied off such parish by presentment of the grand jury at the assizes next succeeding, and such sum shall be applotted, (if need be by a separate applotment,) and raised and levied off the lands liable to rent-charge in such parish, in like manner, and by the like ways and means, as if such sum had been presented by the said grand jury at such assizes, to be levied off such lands, and shall be paid over by the said treasurer, when and as by him received, to such bank or person, and in such manner, as the commissioners of her majesty's Treasury, or any three or more of them, shall direct. " XI. And be it enacted, that every such applotment made under the authority of this act shall be subject to such appeal, alteration, and amendment, and shall STATUTA VICTORLE. A.D. 1837—1844. 2105 be as good, valid, and effectual as any applotment made under the authority Stat. 3 & 4 of the said acts for establishing compositions for tithes in Ireland, or any of Vict c. 101. them : provided nevertheless, that it shall be lawful for the said lord lieutenant L R,J or other chief governor or governors in council to fix and declare the time from Lord heute- v 8 & , ,, .. j. ,i. . i. n nantandcoun- which each such applotment to be made under the authority ot this act shall cil ghaU declare take effect, or to which the same shall relate, and to make such orders and from what time regulations in each such case, and from time to time to rescind or vary the same, such new ap- as to him and them shall seem just and necessary ; and all such orders and P^^^^^11 regulations shall be good, valid, and effectual, as if the same had been inserted in this act ; and the enactments herein made in respect of the applotments to be made under the authority of this act shall be construed together with the said recited act of the first and second years of her majesty's reign, and as part thereof, to all intents and purposes. " XII. And be it enacted, that in the construction of this act the words ' lord Construction lieutenant' shall be construed to mean the lord lieutenant, lords justices, or other of act. chief governor or governors ot Ireland. may be " XIII. And be it enacted, that this act may be amended or repealed by any amended this act to be passed in the present session of parliament." session. LXXVIII. Stat. 3 & 4 Victoria, c. 108. [Ireland.] A.D. 1840. Stat. 3 & 4 Vict. c. 108. "An Act for the Regulation of Municipal Corporations in Ireland." [Ir.] "CXII. And whereas it is expedient that the administration of any real or Charitable personal estate of which any body corporate now stands seised or possessed, in trustees, trust as to the whole or in part for certain charitable trusts, be kept distinct from that of the public stock and borough fund ; be it enacted, that in every borough in which the body corporate, solely, or together with any one or more of the members of such body corporate in his or their corporate capacity, or with any person or persons elected from among or out of the members or any of the mem- bers of such body corporate, or any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, now stands seised or possessed, for any estate or interest whatsoever, of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part, in trust or for the benefit of any charitable uses or trusts whatsoever, or is or are empowered to direct the application of the rents, profits, or produce of any hereditaments, or any sum or sums of money, chattels, securities for money, or other personal estate whatsoever, for any charitable purpose, all the estate, right, interest, and title, and all the powers of such trustee or trustees, shall, on the day on which this act shall come into operation in any such borough, be vested in the persons who shall on the same day have been the mayor, aldermen, and common council, or other governing officers of such body corporate, alone, or together with the person or persons who shall have been seised or possessed of, or entitled to exercise the same together with such body corporate, (as the case may be,) and shall continue vested in such persons until the first day of October in the year one thousand eight hundred and forty-one, or until parliament shall otherwise order ; and if any vacancy shall be occasioned among such charitable trustees for any borough before any other provision shall be made by parliament, it shall be lawful for the lord chancellor of Ireland then for the time being, upon petition, in a summary way to appoint a fit person to be trustee to supply such vacancy ; and all the estate, right, interest, and title, at law and in equity, of and in such trust estates, hereditaments, and premises shall forthwith, without any conveyance or assignment thereof, pass to and be vested in the trustee so appointed, jointly with the other trustee or trustees : and if parliament shall not otherwise direct on or before the said first day of October, the lord chancellor then shall make such orders as he shall see fit for the appointment of a trustee or trustees, and the administration of such trust estate, subject to such charitable uses or trusts as aforesaid ; and thereupon the trustee or trustees so appointed shall come in the room of the persons heretofore 2106 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 108. Standing go- vern ors of the blue-coat hos- pital, Dublin, at the time of this act coming into operation, to be consti- tuted a body- politic, in place of the lord mayor, sheriffs, &c. named or continued as trustees, and all the estate, right, interest, and title, at law and in equity, of and in such trust estates, hereditaments, and premises shall forth- with, without any conveyance or assignment thereof, pass to and be vested in the trustees so appointed by the lord chancellor : provided always, that where any hereditaments, or any sums of money, debts, or securities for money, or any other personal estate, held upon any charitable uses or trusts as aforesaid, or any part thereof, shall be exclusively applicable to or towards the establishment, mainte- nance, or support of religious education or religious worship according to the principles of the protestant church of the United Kingdom of Great Britain and Ireland, or for the benefit of any person or persons of any other religious class or denomination of her majesty's subjects, no person except a member of the said united church, or, as the case may be, who shall not profess the principles of such other religious class or denomination for the promoting of whose education or worship, or for whose benefit any such property as aforesaid may be applicable, shall be appointed by the lord chancellor to be a trustee of such hereditaments or personal estate, or any part thereof; and if any person who shall be appointed such trustee shall at any time thereafter become a convert to or profess the reli- gious principles of any class or denomination different from the religious principles of the class or denomination for the promoting of whose education or worship, or for whose benefit any such property as aforesaid may be applicable, he shall there- upon be removed from being such trustee by the lord chancellor, for whom it shall be lawful, upon petition, in a summary way, to appoint a fit person to be a trustee to supply such vacancy ; and all his estate, right, title, and interest, power and authority, in, to, over, and upon such real and personal estate shall thereupon vest, in like manner as if he had died, in the trustee so appointed jointly with the other trustee or trustees: provided always, that no use or trust for cleansing, lighting, paving, or supplying with water any city, town, or borough shall be deemed a charitable use or trust within the meaning of this enactment : provided also, that nothing herein contained shall extend or be construed to extend to the president and assistants of the charitable society of Belfast, or to the hospital and free school of King Charles the Second, Dublin, commonly called the Blue Coat Hospital, or to any real or personal estate belonging thereto. " CXIII. And whereas by letters patent of King Charles the Second, bearing date the fifth day of December, in the twenty-third year of his reign, the lord mayor, sheriffs, commons, and citizens of the city of Dublin, and their successors, are constituted a body politic and corporate, by the name of 'The Governors of the Hospital and Free School of King Charles the Second, Dublin and whereas the government, management, and direction of the said hospital and free school are now exercised by sixty-one standing governors (whereof four are the treasurer for the time being and three other governors of the schools founded by Erasmus Smith, esquire, appointed by the governors of the said last-mentioned schools, in pursuance of an act of the parliament of Ireland, made in the tenth year of the reign of King George the First) : be it enacted, that from and immediately after this act shall come into operation in the said city of Dublin, the persons who at that time shall be the governors of the said hospital, and the survivors of them, and their successors, to be appointed in manner hereinafter mentioned, shall be and they are hereby constituted a body politic and corporate, by the aforesaid name of 4 The Governors of the Hospital and Free School of King Charles the Second, Dublin,' in the place and stead of the said lord mayor, sheriffs, commons, and citizens of the said city of Dublin, who shall no longer be such body politic and corporate, in like manner, to all intents and purposes, as if the said sixty-one persons, and the survivors of them, and their successors, had been the persons appointed by virtue of the said letters patent, instead of the said lord mayor, sheriffs, commons, and citizens, and all and singular the hereditaments, sums of money, chattels, securities for money, and other personal estate of the said body corporate, constituted by the said letters patent, and all the estate, right, interest, and title, and all the rights, powers, privileges, and immunities of such body cor- porate, and all rights of action and suit vested in such body corporate, shall be and STATUTA VICTORIA. A.D. 1837—1844. 2107 are hereby vested in the body corporate hereby constituted in the place and stead thereof ; and the body corporate hereby constituted shall be subject to the same liabilities, and governed according to the same regulations, as the body corporate appointed by the said letters patent shall be subject to and governed by: provided always, that the treasurer for the time being, and three other governors of the schools founded by the said Erasmus Smith, such as the governors of the said schools shall from time to time choose and appoint, shall and they are hereby declared to be standing governors of the said hospital, in like manner as by the said act of the tenth year of the reign of King George the First, they were made governors of the said hospital : provided also, that the governors of the said hos- pital hereby constituted shall never consist of less than fifty, and that when and so often as any of the governors hereby appointed, or to be appointed as hereinafter is mentioned, (other than the said treasurer and three other governors of the said schools founded by the said Erasmus Smith,) shall depart this life, then it shall be lawful for the lord archbishop of Armagh, the lord chancellor of Ireland, the lord archbishop of Dublin, and the lord bishop of Meath, for the time being, or the major part of them, and they are hereby empowered, by writing under their hands and seals, to appoint one or more person or persons in the place or places, and as a successor or successors of the deceased governor or governors, or an}' of them, so as to make up, with the surviving governors, the number at the least of fifty governors, including the said treasurer and three other governors of the said schools, founded by the said Erasmus Smith ; and every person so appointed a governor shall be a governor jointly with the surviving governors for the time being, and shall have the same powers and authorities as if he had been appointed a governor by this act. "CXIV. And be it enacted, that from and immediately after this act shall come into operation in the said city of Dublin, so much of the said act of parlia- ment passed in the tenth year of the reign of King George the First as provides that the lord mayor and recorder of the city of Dublin, then and for the time being, and two of the aldermen of the said city, such as the governors of the schools founded by Erasmus Smith, esquire, should from time to time select and appoint, should for ever thereafter be standing governors of the said schools, shall be and the same is hereby repealed ; and that four of the governors for the time being of the said hospital and free school of King Charles the Second, Dublin, such as the governors of the said schools founded by Erasmus Smith, shall from time to time select and appoint, shall for ever thereafter be standing governors of the said schools founded by the said Erasmus Smith. " CXV. And be it enacted, that from and after the time when this act shall come into operation in any borough the body corporate of such borough shall be trustees for executing by the council of such borough the powers and provisions of all acts of parliament made before the passing of this act, (other than acts made for securing charitable uses and trusts, or acts relating to profitable trusts for shareholders or proprietors with respect to which provision is hereinafter made,) and of all trusts (other than charitable uses and trusts) of which the body corpo- rate, or any member or members of the said body corporate in their corporate capacity, was or were sole trustees before the time of the first election of council- lors in such borough under this act. "CXVI. And be it enacted, that in every case in which any body corporate named in any schedule to this act annexed, or any person or persons elected by any such body corporate, is or are trustee or trustees authorized to exercise any powers or provisions of any acts of parliament for any purpose producing profits which, or part of which, is or are to be divided between shareholders or propri- etors for their own benefit, then the powers and provisions of all such acts shall, from and after the time when this act shall come into operation, until parliament shall otherwise provide, be executed by such trustees as the lord chancellor of Ireland shall, by order to be from time to time made upon petition in a summary way, appoint and select, regard being had in such appointment to the rights of the several parties interested ; and thereupon all the estate, right, interest, and title, at Stat. Vict. [Ik.] 3 & 4 c. 108. Four govern- ors of the blue coat hospital to be appointed governors of Erasmus Smith's schools in place of the lord mayor, recorder, &c. Corporation to execute trusts. Trusts pro- ducing money to be executed by trustees appointed by the lord chancellor. 2108 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 108. [I*-] Sale of advow- sons, &c. Certain provi- sions of 1 & 2 Vict. c. 31, extended to Treland. Provision re- acting the law and in equity, of the existing trustees, shall forthwith, without any convey- ance or assignment thereof, pass to and become vested in the trustees so appointed ; provided also, that it shall be lawful for the corporate body of any such borough, by their council or any committee appointed by the council, to purchase, with the consent of the respective shareholders, for the benefit of the inhabitants of such borough, any of the said shares not now held by the body corporate of such borough, and to pay for the same out of the borough fund ; and if at any time it shall happen that the body corporate of such borough shall become possessed of the whole of the shares of such concern or undertaking, all the powers, rights, and estates and interests hereby vested in such trustees, shall revert to the body corpo- rate of such borough, to be exercised by their council or any committee appointed by the council, for the benefit of the inhabitants of the said borough ; and there- after no further appointment of trustees shall be made under the provisions herein- before contained. " CXLVII. And be it enacted, that in every case in which a body corporate, or any particular class, number, or description of members, or the governing body of any body corporate, now is or are, in their corporate capacity, and not as charitable trustees, according to the meaning and provisions of this act, seised or possessed of any manors, lands, tenements, or hereditaments whereunto any advowson or right of nomination or presentation to any benefice or ecclesiastical preferment is appendant or appurtenant, or of any advowson in gross, or hath or have any right or title to nominate or present to any benefice or ecclesiastical preferment, every such advowson, and every such right of nomination and pre- sentation, shall be sold at such time and in such manner as the ecclesiastical commissioners for Ireland may direct, so that the best price may be obtained for the same; and it shall be lawful for the council, commissioners, or guardians?of such body corporate, and they are hereby authorized and required, with the consent of the said commissioners, or any three or more of them, in writing under their hands, to convey and assure, under the common seal of such body corporate, com- missioners, or guardians, such advowson, or such right of nomination or presen- tation as aforesaid, to the purchaser or purchasers thereof respectively, his or their heirs, executors, administrators, and assigns, or to such uses as he or they shall direct ; and the proceeds of every such sale shall be paid to the treasurer of the borough, or of the guardians respectively, whose receipt shall be a sufficient and effectual discharge to the purchaser or purchasers to whom the same shall be given for the amount of his or their purchase money ; and it shall be lawful for the council, commissioners, or guardians of such borough to direct that such purchase money, or any part thereof, shall be applied towards the liquidation of any debt contracted before the passing of this act by the body corporate now seised of or entitled to the property so sold, and if it shall not be so applied it shall be invested in government securities for the use of the body corporate, commissioners, or guardians, as in case of other property under this act, and the annual interest payable thereon shall be carried to the account of the borough fund : provided always, that in case of any vacancy arising before any such sale shall have taken place and been completed, such vacancy shall be supplied by the presentation or nomination of the bishop or ordinary of the diocese in which such benefice or ecclesiastical preferment is situated. "CXLVIII. And be it enacted, that the several provisions contained in an act passed in the last session of parliament, intituled, 4 An Act for facilitating the Sale of Church Patronage belonging to Municipal Corporations in certain Cases,' shall, so far as the same are applicable, be extended to every right of nomination simi- larly circumstanced which shall at the time of passing this act be vested in any municipal corporation in Ireland, or in any member of such corporation in virtue of his office as such ; and every such right of nomination shall become a benefice presentative, and the curate or minister presented thereto shall be a body politic and corporate. "CXLIX. Provided always, and be it enacted, that the body corporate, called ' The Warden and Vicars Choral of the Royal College or Collegiate Church of STATUTA V1CT0RLE. A.D. 1837—1844. 2109 ( Jul way,' shall continue in force unless and until the same shall be dissolved by Stat. 3 & 4 the said ecclesiastical commissioners in manner hereinafter mentioned ; and the Vict. c- 108 • vicars choral of the said college or collegiate church shall respectively continue to L *'-» be such vicars choral during their respective lives, or until they respectively shall ^g^^ vosi.on or be removed from such benefices respectively, or the said college shall be of Galway> dissolved in manner hereinafter mentioned ; and that any resignation made by the said present warden and vicars choral, or any of them, of their respective benefices, to the Bishop of Tuam for the time being, shall be valid and effectual ; and the said ecclesiastical commissioners shall and they are hereby authorized and empowered, if they shall think proper, by any instrument in writing under their corporate seal, with the consent of the lord lieutenant and of her majesty's privy council in Ireland in council assembled (six at least consenting), and with the consent of the Bishop of Tuam, to declare that the said college and collegiate church of Galway shall be dissolved upon the death, resignation, or removal of the said present warden ; and that the rectories and vicarages which now belong to the said college or collegiate church of Galway, shall thereupon be divided into such separate and distinct benefices or parishes as they shall think proper ; and that all rent-charges in lieu of tithes, or portions or parcels of such rent-charges, churches, churchyards, and burial places, and other the revenues, profits, and emoluments now belonging to the said college or collegiate church of Galway, shall be divided among and united to the said distinct parishes or benefices respectively as they shall direct ; and that such persons as shall be vicars choral of the said college or collegiate church at the time of such dissolution shall become the incumbents of such of the said distinct parishes and benefices respectively as the said ecclesiastical commissioners shall thereby direct ; and if such dissolution shall be made as aforesaid the said college or collegiate church shall be dissolved upon the death, resignation, or removal of the said present warden, and the said vicarages and rectories shall thereupon become distinct benefices and parishes accordingly, and each of the persons who at the time of such dissolution shall be a vicar choral of the said college or collegiate church shall thereupon by virtue of this act, and without any presentation, induction, institution, or other ceremony, become rector or vicar of the distinct benefice or parish of which such vicar choral shall be directed as aforesaid to become the rector or vicar ; and the advowson, right of presentation, and nomination to the said offices of warden and vicars choral of the said college or collegiate church of Galway, or in case the same shall be dissolved as aforesaid the advowson or right of nomination or presentation to each of the distinct benefices or parishes into which the rectories and vicarages aforesaid shall be divided shall be sold by the said ecclesiastical commissioners, and the purchase money shall be applied in like manner as in the case of any other advowson is hereby directed to be sold, and they are hereby empowered to make a valid grant and conveyance thereof to any purchaser or purchasers accordingly ; and the purchase money shall be paid to the commissioners for the time being acting under the act of parliament made and passed in the sixth and seventh years 6 & 7 Gul. 4, of the reign of his late majesty King William the Fourth, intituled, 4 An Act for c. cxvii. regulating and improving the Town of Galway in the County of the same Town/ to be by them applied in the first place in or towards the payment of the compen- sations, pensions, stipends, and allowances to become payable to officers of or other persons connected with the borough of Galway in the cases hereinafter provided for ; and in the next place in or towards the payment of debts due from the body corporate of that borough ; and if any residue shall then remain of such purchase money it shall be applied by the said commissioners in aid of the funds or rates vested in or which shall or may become payable to the said last-mentioned com- missioners ; and in case of the dissolution of the said college or collegiate church all the ecclesiastical jurisdiction and powers belonging thereto, or to the warden thereof, shall be and are hereby vested in the Bishop of Tuam for the time being." 2110 STATUTA VICTORIA. A.D. 1 837—1844. Stat. 3 & 4 Vict. c. 113. 6 & 7 Gul. 4, c. 77. Members of chapters to be deans and canons. Number of canons. Residence of dean and canons. Six canonries suspended at Canterbury. LXXIX. Stat. 3 & 4 Victoria, c. 113(1). A.D. 1840. "An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues (2)." " Whereas an act was passed in the seventh year of the reign of his late majesty, intituled, 4 An Act for carrying into effect the Reports of the Commis- sioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' constituting the ecclesiastical commissioners for England to be one body politic and corporate for the purposes set forth in the said act : and whereas the commissioners first mentioned in the said act, in their fourth report to his late majesty, bearing date the twenty-fourth day of June, in the year one thousand eight hundred and thirty-six, made certain recommendations touching cathedral and collegiate churches, and other things in the said report specified : and whereas it is expedient that the said recommenda- tions should be adopted, with certain alterations ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from henceforth all the members of chapter, except the dean, in every cathedral and collegiate church in England, and in the cathedral churches of St. David and LlandafF, shall be styled canons ; and the precentor of the cathedral church of St. David and the warden of the collegiate church of Man- chester shall be respectively styled dean. " II. And be it enacted, that, subject to the provisions hereinafter contained, the number of canons in the several cathedral and collegiate churches of the new foun- dation, and in the cathedral churches of St. David and LlandafF, and in the queen's free chapel of St. George within the castle of Windsor, and of canons residentiary in the several cathedral churches of the old foundation in England, shall be the number respectively specified in the schedule hereto annexed. " III. And be it enacted, that in every cathedral and collegiate church, the term of residence to be kept by every dean thereof hereafter appointed shall be eight months at the least in every year, and the term of residence to be kept by every canon thereof hereafter appointed shall be three months at the least in every year. " IV. And be it enacted, that in the chapter of the cathedral church of Can- terbury six canonries shall be suspended in the following order ; that is to say, the canonry firstly vacant shall be suspended ; and the canonry now held by the Arch- deacon of Canterbury and the canonry secondly vacant shall be subject to the pro- visions hereinafter contained respecting the endowment of archdeaconries by the (1) The powers of Stat. 3 & 4 Vict. c. 113, were extended to Stat. 5 & 6 Vict. c. 108, by Stat. 5 & 6 Vict. c. 108, s. 15; and to Stat 5 & 6 Vict. c. 26, by Stat. 5 & 6 Vict. c. 26, s. 14. Vide Stat. 4 & 5 Vict. c. 39; and Stat. 6 & 7 Vict. c. 77. (2) Ecclesiastical Duties and Revenues : — From the summary of a parliamentary re- turn, which has been recently issued, con- taining a list of benefices and churches aug- mented by the ecclesiastical commissioners for England, and made up to the 1st of May, 1844, it appears, that under schedule A. the commissioners had in 496 livings, made by unconditional grants, an annual augmenta- tion amounting to 25,779/., which was di- vided under four branches in the following manner: In places where the population was 2000 and upwards, the income was raised to 150/. in 261 livings, which amounted to 16,722/.; where the population was 1000 and upwards, the income of 96 livings was raised to 120/., making 4374/.; where the population was 500 and upwards, 80 livings were augmented to 100/., making 3253/.; and in instances where the population was below 500, in 59 livings the income was increased to 80/., making a sum of 1430/. It further appears, that grants have been made by the commissioners to meet benefac- tions when the income was below 200/. in 48 livings. The commissioners have local claims upon tithes, &c, in 29 livings, and in 10 others the incumbents have claims for compensation for the loss of fees surrendered to new churches. The aggregate number of livings, after deducting 21 included in more than one schedule, which have been aug- mented, number 562, and the amount to 29,809/. It thus appears, that, under the provisions of the Cathedral Acts, 562 livings have already been augmented by the sum of 29,809/. per annum in perpetuity, and that sum is exclusive of money expended and promised to meet benefactions for building and purchasing houses of residence for in- cumbents whose annual incomes are below 200/. STATUTA VICTORIA. A.D. 1837—1844. 2111 annexation of canonries thereto, and the canonry thirdly vacant shall be suspended and the canonry fourthly vacant shall be filled up by her majesty ; and the two canonries fifthly and sixthly vacant shall be suspended, and the then next vacant canonry shall be filled up by her majesty ; and the two canonries which shall then next be vacant shall be suspended ; and that thereafter, upon every fourth vacancy among the canonries not annexed to any archdeaconry, the Lord Archbishop ot Canterbury shall appoint a canon, and all other vacancies among such last-men- tioned canonries shall be filled up by her majesty. " V. And be it enacted, that in the chapter of Christchurch in Oxford, the first vacant canonry, not being one of the two canonries which are respectively annexed to regius professorships in the university of Oxford, shall immediately become and be permanently annexed and united to the Lady Margaret's professor- ship of divinity in the said university, and shall and may be held by the present and every future Lady Margaret's professor of divinity therein ; and that upon such annexation as aforesaid the canonry in the cathedral church of Worcester, which is now annexed to the last-mentioned professorship, shall be ipso facto detached therefrom, and shall become vacant ; and the canonry secondly vacant in the said chapter of Christchurch shall be subject to the provisions hereinafter con- tained respecting the endowment of archdeaconries by the annexation of canonries thereto. " VI. And whereas her majesty has graciously intimated to parliament her royal will and intention to found two new professorships in the said university of Oxford, and it is expedient that the same should be competently endowed ; be it therefore enacted, that the two canonries in the said chapter of Christchurch, (not being either of them a canonry annexed or to be annexed to any of the professorships already founded in the said university,) which shall be thirdly and fourthly vacant shall, upon the vacancies thereof respectively, and the foundation of such profes- sorships respectively, become and be permanently annexed and united thereto, in such order as her majesty shall, in and by her royal letters patent founding such professorships, direct and appoint ; and if either of such last-mentioned canonries be vacant before the foundation of such professorships, the same shall not be filled up until after such foundation ; and after such annexation the said canonries shall and may be held by the holders of such professorships respectively for the time being ; provided that if the member of any college or hall in the said university except Christchurch shall hereafter accept any professorship to which a canonry of Christchurch is or shall be annexed, he shall thereby cease to be a member of such other college or hall. " VII. And be it enacted, that, except as herein particularly specified, nothing in this act contained shall in any manner affect or apply to the cathedral church of Christ in Oxford. " VIII. And be it enacted, that in the chapters of the cathedral churches of Durham and Worcester and of the collegiate church of Saint Peter, Westminster, respectively, six canonries shall be suspended in the following order ; (that is to say,) the first two vacant canonries shall be suspended, and the canonry thirdly vacant shall be filled up ; and the two canonries fourthly and fifthly vacant shall be suspended, and the then next vacant canonry shall be filled up ; and the two canonries which shall then next be vacant shall be suspended. " IX. And be it enacted, that in the chapter of the queen's free chapel of Saint George within her castle of Windsor eight canonries shall be suspended in the fol- lowing order ; (that is to say,) the first two vacant canonries shall be suspended, and the canonry thirdly vacant shall be filled up ; and the two canonries fourthly and fifthly vacant shall be suspended, and the then next vacant canonry shall be filled up ; and the two canonries which shall then next be vacant shall be sus- pended, and the then next vacant canonry shall be filled up ; and the two canon- ries which shall then next be vacant shall be suspended. " X. And be it enacted, that in the chapter of the cathedral church of Win- chester seven canonries shall be suspended in the following order ; (that is to say,) the two canonries secondly and thirdly vacant shall be suspended, and the canonry Stat. 3 & 4 Vict. c. 113. Canonry at Christchurch annexed to a professorship instead of canonry at Worcester. Two canonries at Christ- church annexed to new pro- fessorships in the university of Oxford. Act not to apply other- wise to Christ- church. Six canonries suspended at Durham, Worcester, and West- minster. Eight canonries suspended at Windsor. Seven canon- ries suspended at Winchester. 2112 STATUTA VICTORLE. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 113. Three canon- ries suspended at Exeter. Two canonries at Ely to be annexed to professorships at Cambridge. Two canonries suspended at Bristol, Ches- ter, Ely, Glou- cester, Lich- field, Norwich Peterborough, Ripon, Ro- chester, Salis- bury, and Wells, re- spectively. One canonry suspended at Hereford. Proviso re- specting the suspension of canonries. 2 & 3 Gul. 4, c. 10. fourthly vacant shall be filled up ; and the two canonries fifthly and sixthly vacant shall be suspended, and the then next vacant canonry shall be filled up ; and the two canonries eighthly and ninthly vacant shall be suspended, and the then next vacant canonry shall be filled up ; and the canonry which shall then next be vacant shall be suspended. " XI. And be it enacted, that in the chapter of the cathedral church of Exeter three canonries shall be suspended ; (that is to say,) the canonry held in commen- dam with the bishopric of Exeter shall immediately upon the vacancy thereof be suspended, and the two canonries thirdly and fourthly vacant, (not being either of them the canonry so held in commendam,) shall be also suspended ; and the canonry secondly vacant shall be subject to the provisions hereinafter contained respecting the endowment of archdeaconries by the annexation of canonries thereto. " XII. And be it enacted, that so soon as conveniently may be, and by the authority hereinafter provided, the two canonries in the chapter of the cathedral church of Ely which shall be secondly and thirdly vacant shall be permanently annexed and united to the regius professorships of Hebrs- and Greek respectively in the university of Cambridge. " XIII. And be it enacted, that in the chapters of the cathedral churches of Bristol, Chester, Ely, Gloucester, Lichfield, Norwich, Peterborough, Ripon, Rochester, Salisbury, and Wells respectively, two canonries shall be suspended in the following order ; (that is to say,) in the said churches of Bristol, Chester, Gloucester, Norwich, Peterborough, Ripon, Rochester, Salisbury, and Wells respectively, the first vacant canonry shall be suspended, and the canonry secondly vacant shall be filled up, and the canonry thirdly vacant shall be suspended, and the sub-deanery in the said church of Ripon shall, immediately upon the vacancy thereof, be also suspended ; and that in the chapter of the said church of Ely the two canonries fourthly and fifthly vacant shall be suspended ; and that in the chapter of the said church of Lichfield the first vacant canonry shall be suspended ; and the canonry annexed to the rectory of the church of Saint Philip in Birming- ham shall, immediately upon the first vacancy thereof, be detached from the said rectory, and be also suspended ; and that in the chapter of the said church of Peterborough the canonry secondly vacant shall be subject to the provisions here- inafter contained for the endowment of archdeaconries by the annexation of canon- ries thereto. " XIV. And be it enacted, that in the cathedral church of Hereford the first vacant canonry shall be suspended. " XV . Provided always, and be it enacted, that the provisions hereinbefore contained respecting the suspension of canonries shall not be construed to extend to the suspension of the canonry in the said chapter of Canterbury now held by the Archdeacon of Canterbury, or of any canonry in the said chapter of Ely which may be annexed to any professorship in the university of Cambridge, or of the canonry in the said cathedral church of Durham which is prospectively annexed to the archdeaconry of Durham by an act passed in the second year of the reign of his late majesty, intituled, * An Act for separating the Rectory of Easington in the County and Diocese of Durham from the Archdeaconry of Durham, and annexing in lieu thereof a Prebend or Canonry founded in the Cathedral Church of Durham,' or of either of the canonries in the said collegiate church of St. Peter, Westmin- ster, to which the rectories of Saint Margaret and Saint John, Westminster, are hereinafter respectively annexed, or of the canonry in the said cathedral church of Gloucester, which is annexed to the mastership of Pembroke College in Oxford, or of either of the canonries in the said cathedral church of Rochester which are respectively annexed to the provostship of Oriel College in Oxford, and to the archdeaconry of Rochester, or of the canonry in the said cathedral church of Norwich which is annexed to the mastership of Catherine Hall in Cambridge, or of the canonry in the said cathedral church of Salisbury which is connected with the residentiary house called Leydon or Leaden Hall, or of any canonry in any cathedral or collegiate church which shall hereafter, under the authority of this act, be permanently annexed to any archdeaconry or archdeaconries, or to any STATUTA VICTORI/E. A.D. 1837-1844. 2113 office in the university of Durham ; but that if any canonry so held annexed or connected, or to be annexed, shall be vacant in such order as that according to the said last-mentioned provisions it would be one of the canonries to be suspended, the vacancy thereof shall not be counted as a vacancy subject to such provisions ; and that upon the passing of this act all then subsisting vacancies of canonries shall be deemed vacancies within the meaning of the said last-mentioned provisions and of this proviso, and shall be counted, subject also to this proviso, in the nume- rical order in which they shall have occurred. " XVI. Provided always, and be it enacted, that in any cathedral church in which by the suspension of canonries the number of canons shall be reduced to four, one of such suspended canonries may by the authority hereinafter provided, if it be deemed necessary for the purpose of endowing any archdeaconry or arch- deaconries, be filled up, subject to the provisions hereinafter contained respecting the endowment of archdeaconries by the annexation of canonries thereto. " XVII. And be it enacted, that in the chapters of the cathedral churches of Saint Paul in London and of Lincoln respectively there shall be a fourth canonry, and such canonry shall be in the patronage of the Bishops of London and Lincoln respectively, subject nevertheless to the limitation as to the exercise of such patron- age hereinafter contained. " XVIII. (1) And be it enacted, that in the collegiate church of Southwell the canonries now vacant, and all the other canonries except the canonry now held by the Archdeacon of Nottingham, as vacancies occur, shall be suspended. " XIX. And be it enacted, that no appointment shall hereafter be made to any canonry in either of the cathedral churches of Saint David or Llandaff, excepting any canonry by the vacancy of which the canons shall be reduced below the num- ber of two ; and that all canonries vacant previously to such reduction shall be suspended. " XX. And be it enacted, that a plan may from time to time be laid before the ecclesiastical commissioners for England by any of the said chapters of the several cathedral and collegiate churches, with the sanction of the visitors of the said churches respectively, for removing the suspension from and re-establishing any canonry or canonries which shall have been suspended by or under the provisions of this act, by assigning towards the re-endowment of any such canonry or canon- ries a portion of the divisible corporate revenues remaining to the said chapters respectively, after paying to the said ecclesiastical commissioners the profits and emoluments accruing to the said commissioners from the suspended canonry or canonries, so that the profits and emoluments of such suspended canonry or canon- ries be not diminished by the removal of such suspension ; and also by accepting and assigning for the same purpose any further endowment in money, or in lands, tithes, or other hereditaments, such lands, tithes, or other hereditaments not exceeding in yearly value the sum of two hundred pounds for each canonry from which the suspension shall have been so removed ; and also by annexing to any such canoury from which the suspension shall have been so removed any suitable benefice or other preferment in the patronage of the said chapters respectively, or of any other patron, with the consent of such patron, and where any bishop is patron, with con- sent of the archbishop ; and any such plan may be carried into effect by the autho- rity hereinafter provided, and such alterations may be made in the existing statutes and rules of the said chapters respectively, as the case may require, under the authority herein provided for making alterations in existing statutes. " XXI. And be it enacted, that no new appointment shall be made to the deaneries of Wolverhampton, Middleham, Heytesbury, and Brecon respectively, but that the said deaneries shall, as to any which may be vacant at the passing of this act, immediately upon its so passing, and as to any other immediately upon the vacancy thereof, be suppressed. "XXII. (2) And be it enacted, subject to the provisions hereinafter contained, that after the passing of this act no presentation, collation, donation, admission. Stat. 3 & 4 Vict. c. 113. One suspended canonry may be filled up to endow arch- deaconries. A fourth ca- nonry founded at St. Paul's, London, and at Lincoln. All canonries but one sus- pended at Southwell. All canonries but two sus- pended at St. David's and Llandaff. Power to re- move the sus- pension from canonries under special circumstances. Non-residen- tiary deaneries suppressed. Non-residen- tiary prebends (1) Vide Stat. 4 & 5 Vict. c. 39, s. 12. (2) Vide Stat. 4 & 5 Vict. c. 39, s. 7. G T 2114 STATUTA VICTORIA. A.D. 1 887— 1844. Stat. 3/^4 Vict. c. 113. and offices not to give right to any endow- ment. Foundation of honorary canonries. Deans of old cathedrals and three canons of St. Paul's to be appointed by her ma- jesty. Canons of old cathedrals to be appointed by the bishops. Canons of Ripon and Manchester to be appointed by the respec- tive bishops. election, or other appointment to the dignity or office of sub-dean, chancellor of the church, vice-chancellor, treasurer, provost, precentor, or succentor, nor to any pre- bend not residentiary, in any cathedral or collegiate church in England, or in the cathedral churches of Saint David and Llandaff, or in the collegiate church of Brecon, shall convey any right or title whatsoever to any lands, tithes, or other hereditaments, or any other endowment or emolument whatsoever, now belonging to such dignity, office, or prebend, or enjoyed by the holder thereof in right of such dignity, office, or prebend, or any part thereof : provided that nothing herein con- tained shall be construed to deprive any present or future holder of any office in any cathedral or collegiate church, actually performing duties in respect of such office, of any stipend or other emolument heretofore accustomably assigned to such office, or paid to the holder thereof, according to the statutes of such church, out of the revenues thereof. " XXIII. (1 ) And whereas it is expedient that all bishops should be empowered to confer distinctions of honour upon deserving clergymen; be it enacted, that honorary canonries shall be hereby founded in every cathedral church in England in which there are not already founded any non-residentiary prebends, dignities, or offices; and the holders of such canonries shall be styled honorary canons, and shall be entitled to stalls, and to take rank in the cathedral church next after the canons, and shall be subject to such regulations respecting the mode of their appointment, and otherwise, as shall be determined on by the authority hereinafter provided, with the consent of the chapters of the said cathedral churches respec- tively ; and the number of such honorary canonries hereby founded in each cathe- dral church shall be twenty-four ; and it shall be lawful for the archbishops and bishops respectively, if they shall think fit, from time to time, to appoint spiritual persons to such honorary canonries ; provided that not more than eight of such honorary canons shall be appointed in any diocese within the year next after the passing of this act, nor more than two in any subsequent year, except in the case of the vacancy of any honorary canonry by death, resignation, or otherwise ; pro- vided also, that no emolument whatever, nor any place in the chapter of any cathedral church, shall be taken or held by any honorary canon in virtue of his appointment as such canon. " XXIV. (2) And be it enacted, that the deanery of every cathedral and colle- giate church upon the old foundation, excepting Wales, and the three existing canonries in the cathedral church of Saint Paul in London, shall henceforth be in the direct patronage of her majesty, who shall and may, upon the vacancy of any such deanery or canonry, appoint, by letters patent, a spiritual person to be dean or canon, as the case may be, who shall thereupon be entitled to installation as dean or canon of the church to which he may be so appointed. " XXV. And be it enacted, that in the cathedral church of York, as soon as a vacancy shall occur in the deanery, and in the cathedral churches of Chichester, Exeter, Hereford, Salisbury, and Wells reepectively, so soon as every person who was a member of the respective chapters of such churches at the passing of this act shall cease to be such member, all the said canonries shall be in the direct patron- age of the Lord Archbishop of York and of the bishops of the said respective sees, as the case may be, who shall respectively, upon the vacancy of any canonry in such churches respectively, collate thereto a spiritual person, who shall thereupon be entitled to installation as a canon of the church to which he shall be so collated. " XXVI. And be it enacted, that in the cathedral church of Ripon the canonries shall from henceforth be in the patronage of the Bishop of Ripon for the time being, and not of the Archbishop of York, and that it shall not be necessary for the person to be appointed a canon in the said church to be nominated by the chapter thereof ; and that the Bishop of Ripon for the time being shall be the visitor of the said chapter, and not the said Archbishop of York ; and that in the collegiate church of Manchester, so soon as the see of Manchester shall have been founded, and every person who shall be a member of the said chapter at the passing of this (1) Vide Stat. 4 & 5 Vict. c. 39, s. 2. (2) Vide Stat. 4 & 5 Vict. c. 39, s. 5. STATUTA VICTORIA. A.D. 1837—1844. 2115 act shall have ceased to be such member, the canonries shall be in the direct patronage of the Bishop of Manchester for the time being, who may, upon the vacancy of any canonry, collate thereto a spiritual person, who shall thereupon be entitled to installation as a canon of the said last-mentioned church. "XXVII. And be it enacted, that no person shall hereafter be capable of receiving the appointment of dean, archdeacon, or canon until he shall have been six years complete in priest's orders, except in the case of a canonry annexed to any professorship, headship, or other office in any university. " XXVIII. And be it enacted, that in every cathedral or collegiate chapter wherein there exists any statute or custom for assigning to the dean or to any canon any land, tithes, or other hereditament, in addition to his share of the cor- porate revenues, or for appropriating separately to the dean or any canon during his incumbency the proceeds of any land, tithes, or other hereditament, part of the corporate property of the chapter, every such statute and custom, or every such part thereof as relates to such assignment or appropriation, shall be repealed and annulled as to all deans and canons hereafter appointed: provided nevertheless, that any small portion of land situate within the limits and precincts of any cathe- dral or collegiate church, or in the vicinity of any residentiary house, may be reserved to such church, or permanently annexed to such residentiary house, by the authority hereinafter provided. " XXIX. And be it enacted, that the rectory of the parish of Saint Margaret in the city of Westminster shall immediately become and be permanently annexed and united to the canonry in the said collegiate church of Saint Peter, Westminster, held by Henry Hart Milman, clerk, master of arts, and the rectory of the parish of Saint John, in the same city, shall immediately become and be permanently annexed and united to the canonry in the same church held by John Jennings, clerk, master of arts ; and the said Henry Hart Milman and his successors, and the successors of the said John Jennings, in the said respective canonries, shall, as canons of the said church, become ipso facto rectors of the said respective parishes and the parish churches thereof, to all intents and purposes ; and the said parishes shall become and be part of the province of Canterbury, of the diocese of London, and of the archdeaconry of Middlesex ; and the said parishes, and the rectors and other ministers and officers thereof, shall, in ecclesiastical matters, be subject only to the jurisdiction of the Archbishop of Canterbury, the Bishop of London, and the Archdeacon of Middlesex respectively, in the same manner as other parishes in the said province, diocese, and archdeaconry are respectively subject thereto, and be exempted and relieved from all other ecclesiastical jurisdiction whatsoever : pro- vided always, that nothing herein contained shall in any manner affect or prejudice any of the rights, customs, or claims of the parishioners of the said parish of Saint Margaret, or the vestry or churchwardens thereof for the time being, nor render them liable to or chargeable with the repairs of the said Broadway Chapel, further or otherwise than as they now are or may become liable thereto by any law in force at the time of the passing of this act. "XXX. And be it enacted, that such one of the prebendal houses belonging to the chapter of the said collegiate church of Saint Peter, Westminster, as shall be determined on by the authority hereinafter provided shall be, as soon as conve- niently may be, exempted from the rule of option subsisting in the chapter thereof, and be permanently annexed to the said canonry now held by the said Henry Hart Milman, and shall thenceforth be the house of residence for the rector of the said parish of Saint Margaret for the time being. "XXXI. (1) And be it enacted, that when and so often as, according to the statutes or usages of the chapter of the said collegiate church of Saint Peter, Westminster, any dividend or division shall be made of any profits or emoluments, from whatever source accruing, or any stipend or other sum of money shall become payable to the members of the said chapter as such members, the shares of such profits and emoluments, which, according to such statutes or usages, shall be found Stat. 3 & 4 Vict. c. 113. Qualification of deans, arch- deacons, and canons. Repeal of statutes and customs for appropriating separate es- tates. Annexation of St. Margaret's and St. John's to two canon- ries of West- minster. Rectory house of St. Marga- ret's. Division and application of the revenues of the two canon * ries of West- minster. (1) Vide Stat. 4 & 5 Vict. c. 39, s. 8. 6 T 2 2116 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 113. New archdea- conries and rural deaneries may be formed. Bishops of London and Lincoln may- appoint an archdeacon to the new canon- ry of St. Paul's and Lincoln. Provision for archdeaconries. to belong to the said two last-mentioned canonries, or the incumbents thereof respectively, and every such stipend or other sum of money so payable to such incumbents respectively, instead of being paid to such incumbents or either of them, shall, by the treasurer for the time being of the said chapter, be divided into twelve equal parts ; and eight only of such parts shall be paid to or for the use of the incumbents for the time being of the said canonries respectively, and the remaining four parts shall be paid in such manner and to such uses as shall by the authority hereinafter provided be directed ; provided always, that so much of the last-mentioned monies as shall appertain to the canonry now held by the said Henry Hart Milman shall be applied, in such proportions as by the like authority shall be determined, towards providing a house or houses of residence for the minister or ministers of one or more district church or churches in the said parish of Saint Margaret, and for endowing such minister or ministers, and the minister of Broadway Chapel in the same parish ; and so much of the said monies as shall appertain to the canonry now held by the said John Jennings shall be in like manner applied towards providing a house or houses of residence for the minister or ministers of one or more district church or churches in the said parish of Saint John, and for endowing such minister or ministers. " XXXII. And whereas, under the first-recited act, certain new archdeaconries therein named may, by the authority thereby provided, be created, and districts may be assigned thereto, and the limits of the existing archdeaconries and rural deaneries may be newly arranged ; and whereas it is expedient to extend the power of creating new archdeaconries and rural deaneries ; be it enacted, that in any case in which it shall appear, upon the representation of the bishop, to be proper to divide any archdeaconry or rural deanery on account of the magnitude thereof, or any other peculiar circumstance connected therewith, such archdeaconry or rural deanery may, by the authority hereinafter provided, be divided into two or more portions, and each of such portions may be constituted a separate archdeaconry or rural deanery, as the case may be, and a district may be assigned thereto ; pro- vided always, that no such division shall be made without the consent of the bishop under his hand and seal. "XXXIII. And be it enacted, that the Bishops of London and Lincoln respectively may forthwith and from time to time appoint one of the archdeacons of their respective dioceses to the new canonries hereby added to the respective chapters of the cathedral churches of Saint Paul in London and of Lincoln ; and that every archdeacon so appointed to a canonry shall thereupon become and be a canon of the cathedral church of Saint Paul or Lincoln, and a member of the chapter of such church, to all intents and purposes, and possessed of and entitled to the like rights, privileges, dignities, and emoluments as are possessed by other canons in the same church, subject nevertheless to the provisions herein contained. " XXXIV. (1) And be it enacted, that, so soon as conveniently may be, and by the authority hereinafter provided, subject to the consent of the bishop, any archdeaconry may be endowed by the annexation either of an entire canonry or of a canonry charged with the payment of such portion of its income as shall be determined on towards providing for another archdeacon in the same diocese, or with such last-mentioned portion of the income of a canonry, or by augmentation out of the common fund hereinafter mentioned, provided that the said augmen- tation shall not be such as to raise the average annual income of any archdea- conry to an amount exceeding two hundred pounds ; and that no canonry shall be so charged with the payment of a portion of the income thereof to any arch- deacon, unless the average annual income of such canonry, after the payment of such portion as aforesaid, shall amount to or exceed five hundred pounds : pro- vided always, that no archdeacon shall be entitled to hold any endowment or augmentation, or other emolument as such archdeacon under the provisions of this act, unless he shall be resident for the space of eight months in every year within (1) Vide Stat. 4 & 5 Vict. c. 39, s. 9. STATUTA VICTORLE. A.D. 1837-1844. 2117 the diocese in which his archdeaconry is situate, or as to any present archdeacon, within the diocese in which his archdeaconry was situate before the passing of the first-recited act, subject to the same provisions as to licences for non-residence which are enacted with respect to incumbents of benefices by an act passed in the second year of her present majesty, intituled, 4 An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy.' "XXXV.(l) And be it enacted, that instead of appointing one archdeacon to either of the new canonries respectively founded in the cathedral churches of Saint Paul in London and of Lincoln, or of annexing a canonry in any cathedral or collegiate church to an archdeaconry as aforesaid charged with any payment to another archdeacon in the same diocese, the rights, duties, and emoluments of any canonry, the average annual income of which may exceed eight hundred pounds, may, by the authority hereinafter provided, be annexed to two archdeaconries jointly within the same diocese, not otherwise competently endowed, each arch- deacon taking his turn of residence for such time, and taking such share of the emoluments, as shall .be directed by the scheme and order authorizing such annex- ation ; and each archdeacon shall during his turn of residence have all the rights and privileges of a canon (except as to the division of the emoluments) ; and every future archdeacon whose archdeaconry shall be endowed as last aforesaid shall be deemed the holder of cathedral preferment within the meaning of the last recited act. "XXXVI. (2) And be it enacted, that, so soon as conveniently may be, and by the authority hereinafter provided, the canonry remaining in the collegiate church of Southwell shall be annexed to the archdeaconry of Nottingham, and a better provision shall be made for the cure of souls in the parish of Southwell by the application of so much of the revenues arising from the suspended canonries in the collegiate church of Southwell, and in such manner as shall by the like authority be determined on. "XXXVII. (3) And be it enacted, that, so soon as conveniently may be, and by the authority hereinafter provided, such arrangements shall be made with respect to the deanery and canonries in the cathedral church of Durham, and their revenues, as, upon due inquiry and consideration of an act passed in the second year of the reign of his late majesty, intituled, * An Act to enable the Dean and Chapter of Durham to appropriate Part of the Property of their Church to the Establishment of a University in connexion therewith for the Advancement of Learning,' and of the engagements entered into by William late bishop of Durham and the dean and chapter of Durham, shall be determined on, with a view to maintaining the said university in a state of respectability and efficiency ; provided that in such arrangements due regard shall be had to the just claims of any existing officer of the said university. "XXXVIII. (4) And be it enacted, that the canonries of the cathedral church of Saint David shall be in the direct patronage of the Bishop of Saint David's, and that so soon as conveniently may be the canons may be respectively instituted or licensed, as the case may be, to the cure of souls in the parish of Saint David ; and the whole divisible corporate revenues shall be divided into twenty-four parts, ten of which parts shall be assigned to the dean, and five to eacli canon, and the remaining four parts shall be assigned as an endowment to the Archdeacon of Cardigan. "XXXIX. (4) And be it enacted, that, so soon as conveniently may be, and by the authority hereinafter provided, due provision shall be made out of the endowments belonging to the prebends in the collegiate church of Brecon for the archdeaconries of Brecon and Carmarthen. " XL. (4) And be it enacted that the Archdeacon of Llandaff shall from hence- forth be also dean of the cathedral church of Llandaff, and that, so soon as conve- (4) Repealed by Stat. 4 & 5 Vict. c. 39, Stat. 3 & 4 Vict. c. 113. 1 & 2 Vict, c. 106. Further pro- vision for arch- deaconries. Provision for the archdea- conry of Not- tingham and the parish of Southwell. Further pro- vision for the university of Durham. 2 & 3 Gul. 4, c. 19. Provision for the chapter of St. David's and the arch- deaconry of Cardigan. Provision for archdeaconries of Brecon and Carmarthen. Provision for the chapter of Llandaff. II) Vide Stat. 4 & 5 Vict. c. 39, s. 9. (2) Vide Stat. 4 & 5 Vict. c. 39, s. 12. (3) Vide Stat. 4 & 5 Vict. c. 39, s. 13. s. 14. 2118 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 113. Separate pa- tronage of members of chapters to be vested in the bishops. Spiritual per- son not to sell or assign any right of pa- tronage. Haseley rec- tory to be severed from the deanery of Windsor. Exercise of patronage of chapters. niently may be, the canons of the said church may be instituted or licensed, as the case may be, to the cure of souls in the parishes of Llandaff and Whitchurch respectively ; and, after the reservation to the Lord Bishop of Llandaff of one seventh part (being his present share) of the whole divisible corporate revenues, the remainder thereof shall be divided among the three members of the chapter, in the proportions of one half to the dean, and one quarter to each of the canons. "XLI. (1) And be it enacted, that, subject to the provisions hereinafter con- tained, the patronage of all benefices with cure of souls possessed by deans and other individual members of chapters in right of any separate estates held by them as such members, or possessed by prebendaries, dignitaries, or officers not residen- tiary, in right of their prebends, dignities, or offices respectively, shall be trans- ferred to and vested in the respective bishops of the dioceses in which the benefices shall be respectively situate, subject nevertheless to all such provisions respecting the apportionment or exchange of ecclesiastical patronage as are contained in the first hereinbefore recited act : provided always, with respect to any benefice now or heretofore possessed by any dean in right of any separate estate held by him as such dean, that every future dean of the same deanery may, upon any vacancy of such benefice, present himself thereto ; that with respect to benefices in the patronage of the prebendaries of the collegiate church of Southwell, the same shall, so soon as conveniently may be, and by the authority hereinafter provided, be transferred so as to become vested, as the prebends fall in respectively, partly in the Bishop of Ripon and partly in the Bishop of Manchester, in such proportion as shall be determined on ; and that upon the vacancy of any such last-mentioned benefice before the patronage thereof shall have been so transferred as aforesaid, it shall be lawful for the Bishop of Ripon for the time being to present thereto. "XLII. And be it enacted, that it shall not be lawful for any spiritual person to sell or assign any patronage or presentation belonging to him by virtue of any dignity or spiritual office held by him, and that every such sale or assignment shall be null and void to all intents and purposes. " XLIII. And be it enacted, that in the construction of this act the said free chapel of Saint George in Windsor shall be held to be included in the term colle- giate church, and that immediately upon the first vacancy of the deanery of the said free chapel so much of an act passed in the reign of Queen Anne, for annexing the rectory or parsonage of Haseley to the deanery of the said free chapel, as relates to the rectory, parsonage, and parish of Haseley, shall be repealed, and the rectory of Haseley in the county of Oxford shall be absolutely detached and dis- severed from the said deanery, and, subject to such appropriation of the revenues thereof as shall be determined on by the authority hereinafter provided, shall be in the patronage of the chapter of the said chapel : provided always, that such patronage shall in the first instance be exercised in favour of William Birkett, clerk, if at the time of such vacancy he shall be curate of the parish of Haseley. " XLIV. (2) And be it enacted, that upon the vacancy of any benefice in the patronage of the chapter of any cathedral or collegiate church, the chapter shall present or nominate thereto either a member of such chapter, or one of the arch- deacons of the diocese, or a non-residentiary prebendary or honorary canon, as the case may be, or any spiritual person who shall have served for five years at the least in the office of minor canon or lecturer of the same church, or of master of the grammar or other school (if any) attached to or connected with such church, or as incumbent or curate in the same diocese, or as public tutor in either of the univer- sities of Oxford and Cambridge, or who, so far as relates to the cathedral church of Durham, shall have served for the like term in the office of professor, reader, lecturer, or tutor in the said university of Durham, or shall have been educated thereat and shall be a licentiate or graduate in theology therein, or who shall have served as incumbent or curate within the same diocese for the period afore- said ; and that every such office of minor canon, lecturer, schoolmaster, professor, reader, lecturer, or tutor, shall immediately upon the expiration of one year from (1) Vide Stat. 4 & 5 Vict. c. 3(J, s. 12. (2) Amended by Stat. 4 & 5 Vict. c. 39, s. 15. STATU T A VICTORIA. A.D. 1837—1844. 2119 tlie time of his institution to such benefice, if not previously resigned, become and be vacant ; and that if neither a member of the chapter nor an archdeacon of the dio- cese, nor a minor canon nor lecturer, nor such schoolmaster, incumbent, or curate, professor, reader, lecturer, tutor, licentiate, or graduate, as the case may be, shall be presented or nominated to such benefice within six calendar months from the time of the vacancy thereof, the bishop of the diocese in which the same is situate may within the next six calendar months collate or license thereto a spiritual person who shall have actually served within such diocese, as incumbent or curate, for five years at the least ; and if no such collation or licence shall be granted within such time, the right of presentation or nomination to such benefice for that term shall lapse to the archbishop of the province. "XLV.(l) And be it enacted, that from henceforth the right of appointing minor canons shall be in all cases vested in the respective chapters, and shall not be exercised by any other person or body whatsoever ; and that so soon as conve- niently may be, and by the authority hereinafter provided, regulations shall be made for fixing the number and emoluments of such minor canons in each cathe- dral and collegiate church ; provided that there shall not in any case be more than six nor less than two ; and that the stipend of each such minor canon hereafter to be appointed shall not be less than one hundred and fifty pounds per annum ; and that arrangements may from time to time be made by the like authority for securing to any minor canon not otherwise competently provided for such annual sum as shall make up to him an income as minor canon, not exceeding in any case the said sum of one hundred and fifty pounds. "XLVl.(l) And be it enacted, that no minor canon hereafter to be appointed in any cathedral or collegiate church shall be allowed to take and hold together with his minor canonry any benefice beyond the limit of six miles from such church. " XLVII. (2) And be it enacted, that the chapters of the several cathedral and collegiate churches shall from time to time of their own accord, or upon being required by the visitors of the said churches respectively, propose to such visitors such alterations in the existing statutes and rules as shall provide for the disposal of the benefices in their patronage, so as to meet the just claims of the minor canons of such churches, and as shall make them consistent with the constitution &nd duties of the chapters respectively as altered under the authority of this act ; and all such alterations, if approved, may be confirmed by the authority of such visitor ; and that in any case in which such alterations shall not be approved, or in which such requisition shall not be complied with within twelve calendar months after the making thereof, the visitor shall be at liberty of himself to make the necessary alterations ; and all such statutes and rules when so altered shall be submitted to the ecclesiastical commissioners for England, and may be confirmed by the autho- rity hereinafter provided ; and that as to any alteration made by a visitor alone, the said commissioners shall communicate a draft thereof to the chapter to be affected thereby, and shall, together with any scheme to be prepared by them under the authority hereinafter contained, lay before her majesty in council such remarks as may within three months have been made thereon by such chapter ; and that out of the proceeds of the suspended canonries in any chapter provision may from time to time be made, by the authority hereinafter provided, for relieving the pre- sent canons of such chapter from the performance of any additional duty by reason of such suspension, by the employment of substitutes, to be approved by the respective bishops; provided always, that nothing herein contained shall be construed to affect any existing right of chapters with their visitors to make statutes. "XLVIII.(3) And be it enacted, that all ecclesiastical rectories without cure of souls in the sole patronage of her majesty, or of any ecclesiastical corporation, aggregate or sole, where there shall be a vicar endowed or a perpetual curate, shall, Stat. 3 & 4 Vict. c. 113. Minor canons to be appointed by the chap- ters. Their number and salary. Minor canons not to hold any benefice beyond six miles. Chapters, or visitors in their default, to propose altera- tions in their statutes. Suppression of sinecure rec- tories. (1) Amended by Stat. 4 & 5 Vict. c. 39, (3) Vide Stat. 4 & 5 Vict. c. 39, ss. 4 & S. 15. 17. (2) Vide Stat. 4 & 5 Vict. c. 39, s. 16. 2120 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. J 13. Profits of sus- pended canon- ries to be paid to and their estates vested in the com- missioners. Separate es- tates of deane- ries and canon- ries not sus- pended to vest in commis- sioners. Estates of non- as to all such rectories as may be vacant at the passing of this act immediately upon its so passing, and as to all others immediately upon the vacancies thereof respectively, be suppressed ; and that as to any such ecclesiastical rectory without cure of souls, the advowson whereof or any right of patronage wherein shall belong to any person or persons or body corporate other than as aforesaid, the ecclesias- tical commissioners for England shall be authorized and empowered to purchase and accept conveyance of such advowson or right of patronage, as the case may be, at and for such price or sum as may be agreed upon between them and the owner or owners of such advowson or right of patronage, and may pay the purchase money and the expenses of and attendant upon such purchase out of the common fund hereinafter mentioned ; and that after the completion of such purchase of any such rectory, and upon the first avoidance thereof, the same shall be suppressed ; and that upon the suppression of any such rectory as aforesaid all ecclesiastical patronage belonging to the rector thereof as such rector shall be absolutely trans- ferred to and be vested in the original patron or patrons of such rectory. " XtlX. (1) And be it enacted, that all the profits and emoluments of each and every canonry suspended by or under the provisions of this act, whether consisting of or arising from rents, fines, compositions, dividends, stipends, or other emolu- ments whatsoever, shall forthwith, as to every such canonry vacant at the passing of this act, and as to every other immediately upon and from the vacancy thereof, and from time to time, be paid to the ecclesiastical commissioners for England for the purposes of this act in like manner as the holder of such canonry, if he had remained in possession, or the successor thereto, if a successor had been appointed and had duly qualified himself by residence and otherwise according to the statutes and usages of his church to receive his full portion of the emoluments thereof, would have been entitled to receive the same ; and that all the estate and interest, if any, which such successor would have had in any lands, tithes, and other here- ditaments (except any right of patronage) annexed or belonging to or usually held and enjoyed with such canonry, or whereof the rents and profits have been usually taken and enjoyed by the holder of such canonry, as such holder separately and in addition to his share (if any) of the corporate revenues of such chapter, shall forth- with, as to all vacancies subsisting at the passing of this act, and as to all others immediately upon such vacancies respectively, accrue to and be vested absolutely in the ecclesiastical commissioners for England and their successors for the purposes of this act, without any conveyance thereof or any assurance in the law other than the provisions of this act ; provided neverthele ^s, that the profits and emoluments a -i sing from corporate revenues belonging to the canonries suspended in the chap- ters of the cathedral churches of Chester, Lichfield, and Ripon respectively shall become, as the vacancies occur, part of the divisible corporate revenues of the said chapters respectively ; provided also, that nothing herein contained shall be con- strued to affect the right of any chapter, according to the statutes or customs of such chapter in force at the passing of this act, to make due provision out of the divisible corporate revenues for the maintenance of the fabric, the support of the grammar school, if any, and all other necessary and proper expenditure. "L.(l) And be it enacted, that, subject to the provisions herein contained, all the estate and interest which the holder of any deanery or canonry not suspended by or under the provisions of this act, and his successors, have and would have in any lands, tithes, and other hereditaments or endowments whatsoever annexed or belonging to or usually held or enjoyed with such deanery or canonry, (except any right of patronage,) or whereof the rents and profits have been usually taken and enjoyed by the holder of such deanery or canonry as such holder separately and in addition to his share of the corporate revenues of such chapter, shall, without any cjnveyfince or assurance in the law other than the provisions of this act, accrue to and be vested absolutely in the ecclesiastical commissioners for England, and their successors, for the purposes of this act. "LI. (2) And be it enacted, that all lands, tithes, and other hereditaments, (1) Vide Stat. 4 & 5 Vict. c. 39, s. 4. (2) & 7. Vide Stat. 4 & 5 Vict. c. 39, ss. 3, 4 STATUTA VICTORIA. A.D. 1837—1844. 2121 excepting any right of patronage, and all other the emoluments and endowments whatsoever belonging to the deaneries of Wolverhampton, Middleham, Heytes- bury, and Brecon, and to the dignity or office of sub-dean, chancellor of the church, vice-chancellor, treasurer, provost, precentor, or succentor, and to any prebend not residentiary in any cathedral or collegiate church in England, or in the cathedral churches of Saint David's and Llandaff, or in the collegiate church of Brecon, or enjoyed by the holder of any such deanery, dignity, office, or prebend as such holder shall, as to all such of the said deaneries, dignities, offices, and pre- bends respectively as may be vacant at the passing of this act immediately upon its so passing, and as to all others immediately upon the vacancies thereof respec- tively, without any conveyance or assurance in the law other than the provisions of this act, accrue to and be vested absolutely in the ecclesiastical commissioners for England and their successors for the purposes of this act; provided always, that all other rights and privileges whatsoever now by law belonging to any of such dignities, offices, or prebends, except the said last-named deaneries, shall continue to belong thereto, except so far as any of such rights or privileges may be controlled or affected by any of the provisions of this act, respecting the right of election now exercised by any chapter : provided always, that nothing herein contained shall in any manner apply to or affect any dignity, office, or prebend which is permanently annexed to any bishopric, archdeaconry, professorship, or lectureship, or to any school or the mastership thereof, or the prebends of Burgham, Bursalis, Exceit, and Wyndham, in the cathedral church of Chichester. "LII.(l) Provided nevertheless, and be it enacted, that so much and such parts of the lands, tithes, or other hereditaments annexed or belonging to or usually held and enjoyed with the respective deaneries or any of the dignities or canonries of the cathedral churches of York, Chichester, Exeter, Hereford, Lich- field, Salisbury, and Wells respectively, or belonging to the prebends not residen- tiary in such churches, as may be deemed proper, shall, by the authority herein- after provided, be from time to time, upon the vacancies of the said respective deaneries, dignities, prebends, or offices transferred to and vested in the chapters of the said last-mentioned churches respectively, so as to augment the divisible corporate revenues of such chapters, or be applied by the like authority to make such provision for the deans of the said cathedral churches respectively as by the like authority shall be deemed just and proper. a LIU. (2) Provided also, and be it enacted, that in any cathedral church on the old foundation in which any contribution to the fabric fund of such church has heretofore, either usually or occasionally, been made out of the rents, profits, or proceeds of any lands, tithes, or other hereditaments so vested or to be vested in the ecclesiastical commissioners for England, it shall be lawful for the said com- missioners to contribute to such fund such sum as they shall deem necessary, out of the rents, profits, or proceeds of the same lands, tithes, or other hereditaments, not exceeding in amount the proportion of such rents, profits, or proceeds which has usually been applied to like purposes. " LIV. (3) And be it enacted, that upon the suppression of any ecclesiastical rectory without cure of souls all the estate and interest which the rector thereof, or his successor, has or had, or would have or have had, as such rector, in any lands, tithes, or other hereditaments or endowments whatsoever, shall, without any conveyance thereof, or any assurance in the law other than the provisio is of this act, accrue to and be vested in the ecclesiastical commissioners for England, and their successors for the purposes of this act. " LV. And be it enacted, that if in any case it shall appear to be expedient, on account of the extent or population or other peculiar circumstances of the parish or district in which any such rectory without cure of souls shall be situate, or from the incompetent endowment of the vicarage or vicarages, or perpetual curacy or curacies, dependent on such rectory, to annex the whole or any part of the lands, tithes, or other hereditaments or endowments belonging to such rectory, to such Stat. 3 & 4 Vict. c. 113. residentiary prebends, &c. vested in com- missioners. Proviso re- specting the separate estates. Commissioners may contri- bute, in cer- tain cases, to fabric fund. Endowments of suppressed sinecure rec- tories vested in commissioners. As to certain sinecure rec- tories. 20. (1) Vide Stat. 4 & 5 Vict. c. 39, ss. 7 & (2) Vide Stat. 4 & 5 Vict. c. 39, s. 7. (3) Vide Stat. 4 & 5 Vict. c. 3D, s. 4. 2122 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 113. Estates of newly endowed archdeaconries vested in com- missioners. Commissioners to have all legal powers of enforcing pay- ments, &c. Appropriation of residence houses not wanted. 1 & 2 Vict, c. 23, relating to residence houses, to ap- ply to deans and canons. Repeal of 5 & 6 Gul. 4, c. 30; 6 & 7 Gul. 4, c. 67 ; and 2 & 3 Vict, c. 55. vicarage or vicarages, curacy or curacies, such annexation may be made, and any such vicarage or curacy may be constituted a rectory with cure of souls by the authority hereinafter provided ; and that wherever any rectory heretofore deemed a rectory without cure of souls has been held together with the vicarage dependent thereon for the period of twenty years last part, the same shall not be construed to be a rectory without cure of souls within the meaning of this act, but such last- mentioned rectory and vicarage shall continue and be permanently united, and shall be a rectory with cure of souls ; subject nevertheless to all the provisions of the thirdly-recited act, and to the provisions of this act which relate to the division of benefices, or the apportionment of the incomes thereof. " LVI. And be it enacted, that upon the endowment of any archdeaconry by either of the modes of endowment herein provided, and with the consent of the bishop of the diocese and of any archdeacon in possession at the time of the passing of this act, all lands, tithes, and other hereditaments, (except any right of patron- age,) belonging to such archdeaconry at the time of such endowment, may, by the authority hereinafter provided, be vested in the ecclesiastical commissioners for England, and their successors, for the purposes of this act; and any benefice annexed to such archdeaconry may be, by the like authority, disannexed therefrom, and the patronage of such benefice shall thenceforth revert to the patron to whom it belonged before such annexation, subject to any transfer of patronage provided by this act. " LVII. And be it enacted, that the ecclesiastical commissioners for England shall, for the purpose of enforcing payment of all profits and emoluments to be paid to them, and of obtaining possession of all lands, tithes, or other hereditaments vested in or accruing to them as aforesaid, and of recovering the rents and profits thereof, have and enjoy all rights, powers, and remedies, at law and in equity, which belonged or belong, or would belong or have belonged, to the holder of the deanery, canonry, prebend, dignity, or office, or the rector of the rectory, in respect of which such profits and emoluments, lands, tithes, and other hereditaments and endowments respectively, are, by or under the provisions of this act, to be paid or to accrue to and be vested in the said commissioners. " LVIII. (1) And be it enacted, that, so soon as conveniently may be, measures shall be taken by the deans and chapters of the several cathedral and collegiate churches for the disposal of such residence hous :s now under their control, and houses attached to any dignity, office, or prebend, in the precincts of the respective cathedral and collegiate churches as may no longer be required, in such way as they shall deem fit, according to plans to be from time to time prepared by the respective chapters, and when approved by the visitors, be submitted to the eccle- siastical commissioners for England, and may be confirmed by the authority here- inafter provided. " LIX. (2) And be it enacted, that it shall be lawful for the said commissioners to authorize any dean or canon of any cathedral church to raise monies on his deanery or canonry, for the purpose of building, enlarging, or otherwise improving the residence house thereof, on such terms and conditions as the said commissioners, with the concurrence of the bishop and the chapter, shall approve ; and all the provisions of an act passed in the first year of the reign of her present majesty, intituled, 4 An Act to amend the Law for providing fit Houses for the beneficed Clergy,' shall be applied, mutatis mutandis, to all such cases in which any dean or canon shall be authorized as aforesaid to raise monies on his deanery or canonry for the purpose aforesaid. " LX. And be it enacted, that an act passed in the sixth year of the reign of his late majesty, intituled, * An Act for protecting the Revenues of vacant Ecclesi- astical Dignities, Prebends, Canonries, and Benefices with Cure of Souls, and for preventing the Lapse thereof during the pending Inquiries respecting the State of the E^blished Church in England and Wales;' and also another act passed in the seventh year of the reign of his late majesty, intituled, 6 An Act for suspending (1) Vide Stat. 4 & 5 Vict. c. 39, s. 18. (2) Provisions of this section made ap- plicable to Stat. 5 & 6 Vict. c. 26, by s. 5 of such statute. STATU T A VICTORIA. A.D. 1837—1844. 2123 for One Year Appointments to certain Dignities and Offices in Cathedral and Colle- Stat. 3 & 4 giate Churches, and to Sinecure Rectories and also so much of another act passed Vict. c. 113. in the last session of parliament, intituled, < An Act to suspend until the first day of Treasurer of ^ August, one thousand eight hundred and forty, certain Cathedral and other Eccle- J*™** ^ Anne i siastical Preferments, and the Operation of the new Arrangement of Dioceses upon account the existing Ecclesiastical Courts,' as relates to the two last-recited acts of the reign of his late majesty, be and the same are hereby repealed, except only as to the° dioceses or cathedral churches of St. Asaph and Bangor, and as to all matters and things done under the authority of the said three last-recited acts, or either of them, all which matters and things shall remain in full force and effect as if the said acts were not repealed ; and the said acts, so far as they relate to the said two last-mentioned dioceses and churches, shall be continued and remain in force until the first day of August, in the year one thousand eight hunched and forty-one, and if parliament shall be then sitting, until the end of the then session of parlia- ment ; but, notwithstanding anything in the said acts contained, it shall be lawful for the Bishop of Bangor for the time being to collate to any vacant canonry, prebend, dignity, or office not having any estate or endowment belonging thereto ; and that within one calendar month after the passing of this act the treasurer of the governors of the bounty of Queen Anne shall deliver to the said ecclesiastical commissioners for England a full and particular account of all monies received and paid by him under and by virtue of the said acts or any of them, and of all things done by him, and of all proceedings then pending in respect thereof, except so far as concerns the said two last-mentioned dioceses and churches; and that within such time after the delivery of such account as shall be specified in any order made upon him for that purpose by the said commissioners, he shall pay and deliver, or cause to be paid and deLvered, to the said commis- sioners, or into such bank as shall be named in such order, to their account, for the purposes of this act, all monies then remaining in his hands or to his account, and all exchequer bills and other securities for money, and all books of accounts, papers, and writings in his possession or power in respect thereof, except as last herein excepted ; and that it shall be lawful for the said commis- sioners to allow to the said treasurer in his accounts such sum of money as shall appear to them to be just and reasonable in compensation for his pains and trouble, and also all proper costs, charges, and expenses incurred in the execution of the trusts reposed in him by the said acts; and that the receipt in writing of the said commissioners, under their common seal, shall be an effec- tual discharge to the said treasurer for all monies and other things therein expressed to be received by them ; and this act shall not in any other manner than herein or in the first-recited act expressly provided extend or apply to either of the said two last-mentioned dioceses and cathedral churches or the chapters of such churches. " LXI. And be it enacted, that the rectory and five prebends of the church of Prebends of the parish of Chulmleigh, in the county of Devon, shall immediately become and be Chumleigh. permanently annexed and united, and form one entire rectory and benefice, (subject and without prejudice to any existing lease or leases of the prebendal houses, glebes, and tithes, or any of them ;) and that the Reverend George Hole, the present incumbent of the said rectory and prebends, and also all future incumbents of the said rectory, shall henceforth hold the same rectory, with all and every the emoluments, rights, and privileges, of the said several prebends attached thereto, . as one benefice, to all intents and purposes ; and t' at the rector for the time being of the said parish of Chulmleigh may grant such and the same or the like leases of the houses, lands, and tithes, of the same prebends respectively as have been here- tofore granted, save and except that no such lease shall henceforth be granted of the house in which the present rector resides, or of the gardens attached thereto ; but such house and gardens, (subject to any such existing lease as aforesaid,) shall henceforth be deemed and used as the residence of the rector for the time being of the said parish, and shall be repaired accordingly. " LXII. And be it enacted, that, if it be deemed. fit, any part of the lands, Provision for 2124 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 113. St. David's college at Lampeter. How proceeds of prebends in cathedral church of Lichfield, and endowments of Wolverhamp- ton, Heytes- bury, and Middleham, to be applied. Endowments of Wimborne Minster applied to care of the parish. Inquiry into hospitals which were promotions spiritual in the reign o'f King Henry the Eighth. Augmentation of certain smaller digni- ties from sur- plus revenues of certain larger dignities. tithes, or other hereditaments, or of the rents and profits thereof, which shall be vested in or accrue to the ecclesiastical commissioners for England from or in respect of the cathedral church of Saint David or the collegiate church of Brecon, may by the authority hereinafter provided be transferred to the college of Saint David's at Lampeter, in exchange for benefices with cure of souls which are now connected with the said college ; and the said college is hereby empowered upon the completion of any such arrangement to convey any such benefices to such person or body corporate, and in such manner, as shall by the like authority be directed. " LXIII. (1) And be it enacted, that out of the endowments belonging to the suspended prebends in the cathedral church of Lichfield, after setting apart so much of the rents and profits of the prebend of Sawley as hath been heretofore applied as an addition to the fabric fund of the said cathedral church, such pro- vision as shall be deemed fit shall by the like authority be made for the rector of the church of Saint Philip, and for the perpetual curate of Christ's Church in Birmingham, for the time being respectively ; and that out of the endowments, of whatsoever kind, belonging to the collegiate churches of Wolverhampton, Heytes- bury, and Middleham, better provision shall be made by the like authority for the cure of souls in the districts or places with which the said churches are respectively connected. " LXIV. And be it enacted, that so much of the property belonging to the collegiate church of "Wimborne Minster, in the county of Dorset, as shall upon due inquiry be found legally applicable thereto, shall by the like authority be applied to the purpose of making a better provision for the cure of souls in the parish of Wimborne Minster in the said county. " LXV. And be it enacted, that so soon as conveniently may be the ecclesias- tical commissioners for England shall inquire, and report to her majesty in council, respecting the state of all such hospitals as were returned as promotions spiritual in the reign of King Henry the Eighth ; and in those cases in which it may appear, upon such inquiry, that the endowments of such hospitals are capable, after satis- fying the objects of the founder's bounty, of affording a better provision for the cure of souls in the parishes with which they are connected, the said commissioners may in their report make such suggestions as they may deem advisable for effecting such provision. "LXVI.(2) And be it enacted, that so soon as conveniently may be, and by the authority hereinafter provided, and subject to the provisions herein contained respecting the university of Durham and the canonries in the collegiate church of Westminster annexed to the rectories of Saint Margaret and Saint John, such fixed annual sums shall be determined on to be paid, and shall accordingly be paid to the ecclesiastical commissioners for England, by the deans and canons of the cathedral churches of Durham, and Saint Paul in London, and the collegiate churches of Westminster and Manchester, as, after due inquiry, and a calculation of the present average annual revenues of the chapters of such churches respectively, shall leave to the Dean of Durham an average annual income of three thousand pounds, and to the Deans of Saint Paul's, Westminster, and Manchester, respectively an average annual income of two thousand pounds, and to the canons of the said four last- mentioned churches respectively the average annual income of one thousand pounds ; and such other annual sums shall be determined on to be paid, and shall be accordingly paid, by the said commissioners, or such deductions shall be allowed to be made out of the proceeds of any suspended canonry or canonries, as, after like inquiry and calculation, shall give to the dean of every cathedral and collegiate church in England an average annual income of one thousand pounds, and to the Deans of Saint David's and LlandafF respectively an average annual income of seven hundred pounds, and to the respective canons of every cathedral church in England an average annual income of five hundred pounds, and to the canons of the said churches of Saint David and Llandaff an average annual income of three (1) Vide Stat. 4 & 5 Vict. c. 3D, s. 19. (2) Vide Stat. 4 & 5 Vict. c. 3'J, s. 20. STATUTA VICTORIA. A.D. 1837—1844. 21-25 hundred and fifty pounds, and as shall also enable the respective chapters of Ches- ter and Ripon to provide for the efficient performance of all the duties of the said churches and the maintenance of the fabrics thereof. " LXVII. And be it enacted, that, except as herein otherwise specified, all the monies and revenues to be paid to the ecclesiastical commissioners for England, and all the rents and profits of the lands, tithes, and other hereditaments vested and to be vested in them the said commissioners by and under the authority of this act, together with all accumulations of interest produced by and arising therefrom, shall be from time to time carried over by the said commissioners to a common fund, and by payments or investments made out of such fund, or, if in any case it be deemed more expedient, by means of an actual conveyance and assignment of such lands, tithes, or other hereditaments, or of a portion thereof, additional provi- sion shall be made, by the authority hereinafter provided, for the cure of souls in parishes where such assistance is most required, in such manner as shall, by the like authority, be deemed most conducive to the efficiency of the established church : provided always, that in making any such additional provision out of any tithes, or any lands or other hereditaments allotted or assigned in lieu of tithes, so vested or to be vested in the said commissioners, or out of the rents and profits thereof, due consideration shall be had of the wants and circumstances of the places in which such tithes now arise or have heretofore arisen. "LXVIII. (1) And be it enacted, that, by the authority hereinafter provided, and for the purpose of fully carrying into effect any of the provisions of this act or of the said first-recited act, any sum of money which shall have been invested in the public funds, or in other security or securities, in trust for any ecclesiastical body corporate, aggregate or sole, may, upon an application in writing to the eccle- siastical commissioners for England, under the hand and seal of such body corpo- rate, and in the case of any chapter, with the consent of the visitor thereof, be directed to be sold, and the same shall be sold accordingly ; and the produce of such sale shall be applied to such purpose and in such manner as shall appear most conducive to the permanent benefit of such body corporate ; and also, for any like purpose, and by the like authority, any arrangement may from time to time be made, with the consent in writing under the corporate seal of any bishop or chap- ter, for the sale, transfer, or exchange of any lands, tithes, or other hereditaments belonging to the see of such bishop, or to such chapter, or for the purchase of other lands, tithes, or other hereditaments in lieu thereof, or for substituting in any case any lands, tithes, or other hereditaments for any money payment. " LXIX. And be it enacted, that, so soon as conveniently may be, and by the authority hereinafter provided, such arrangements may be made with respect to benefices which are annexed by act of parliament or otherwise to the headships of colleges in the universities of Oxford and Cambridge, as may enable the respective colleges, if they shall think fit, to sell, or themselves to purchase, the advowsons of such benefices, and to invest the proceeds in proper securities, with provisions for the payment of the interest and annual profits thereof to the respective heads of the colleges for the time being ; and that upon the completion of the said arrange- ments respectively the existing incumbents of such benefices respectively shall be at liberty, upon resigning the same, to receive the interest and annual profits of the proceeds arising from such sales respectively. " LXX. And be it enacted, that, so soon as conveniently may be, and by the like authority, arrangements may be made to enable the university of Cambridge, if they shall so think fit, to sell the advowsons of the benefices annexed to the regius professorship of divinity in the said university or any of them, and to invest the proceeds of any such sale in proper securities, with a provision for the payment of the interest and annual profits thereof to the regius professor of divinity for the time being ; and that upon the completion of the sale of any such advowson the existing incumbent of the benefice shall be at liberty, upon resigning the same, to receive such interest and annual profits. Stat. 3 & 4 Vict. c. 113. Mode of ap- plying the revenues at the disposal of the commis- sioners. Special ar- rangements, with consent of bishop or chapter. Benefices an- nexed to head- ships of col- leges may be sold. Benefice an- nexed to the professorship of divinity in Cambridge may be sold. (1) Vide Stat. 4 & 5 Vict. c. 39, s. 21; and Stat. 5 & 6 Vict. c. 2G, s. 8. 2126 STATUTA VICTORIA. A.D. 1837-1844. Stat. 3 & 4 Vict. c. 113. Sinecure pre- ferments may- be annexed to benefices with cure of souls, with consent of patrons. Benefices may- be divided or consolidated, with consent of patrons. Provisions for securing the better perform- ance of spiri- tual duties in ill-endowed parishes. Income of benefices be- longing to one patron may be apportioned in certain cases. Saving of ex- isting interests. " LXXI.(l) And be it enacted, that with respect to any benefice with cure of souls which is held together with or in the patronage of the holder of any prebend or other sinecure preferment belonging to any college in either of the universities or to any private patron, arrangements may be made by the like authority, and with the consents of the respective patrons, for permanently uniting such prefer- ment with such benefice ; provided that this act shall not apply to or affect any prebend or other sinecure preferment in the patronage of any college or of any lay patron in any other manner than as is herein expressly enacted. "LXXII. (1) And be it enacted, that with respect to any parish in which both the profits and the spiritual charge are divided between two or more incumbents each having a mediety or portion of the benefice, a plan or plans may be framed by the bishop of the diocese, with the consent of the patron or patrons, and so as not to prejudice the interests of any existing incumbent, for constituting any of such portions separate benefices, or for consolidating two or more of such portions into one benefice to be held by one incumbent, or for making such other arrange- ments as he may judge likely to promote the efficient discharge of pastoral duties in such parishes ; and any such plan may be carried into effect by the authority hereinafter provided ; provided always, that nothing herein contained shall restrain the bishop from doing any act or exercising any power which he may now lawfully do or exercise without the consent of the patron or without the aid of the said commissioners. " LXXIII. (2) And be it enacted, with an especial view to the better care of populous parishes, that arrangements may from time to time be made by the like authority, for improving the value or making a better provision for the spiritual duties of ill-endowed parishes or districts, by means of such exchange of advowsons, or of such other alterations in the exercise of patronage, as may be agreed upon by patrons, with the consent of the bishop in every such case, or in the case of bene- fices lying in more than one diocese, then with the consent of the bishop of each diocese, and, where a bishop is himself one of the patrons, with the consent of the archbishop. "LXXIV.(3) And be it enacted, that arrangements may be made by the like authority for the apportionment of the income of two benefices belonging to the same patron between the incumbents or ministers of such benefices, or the churches or chapels connected therewith ; provided that no such arrangement shall be made with respect to benefices in lay patronage without the consents of the respective patrons, nor in any case so as to prejudice the interests of any existing incumbent, nor without the consent of the bishop of the diocese, nor, in the case of benefices lying in more than one diocese, without the consent of the bishop of each diocese, nor, where a bishop is himself one of the patrons, without the consent of the arch- bishop also. " LXXV. (4) Provided always, and be it enacted, that nothing in this act con- tained respecting the division of corporate property, the diminution of the income of any deanery or canonry, the severance of separate property, or the limitation of the exercise of patronage possessed in right of separate property, shall affect any dean, canon, prebendary, dignitary, or officer in possession at the passing of this act, except as hereinbefore expressly enacted ; but every dean, canon, prebendary, dignitary, and officer hereafter appointed shall be subject to such regulations as shall be made in pursuance of this act ; and that the provisions herein contained respecting the qualification of persons to be presented to any benefice in the patron- age of any chapter, or the apportionment of the income of any such benefice, shall not affect such chapter so long as any person who shall be a member thereof at the passing of this act shall continue such member ; and that with respect to benefices in the patronage of either of the chapters of Saint Paul in London and of Lincoln the fourth or junior canon for the time being shall not have any voice in the exer- (1) Vide Stat. 4 & 5 Vict. c. 39, s. 24. (3) Vide Stat. 4 & 5 Vict. c. 39, s. 24. (2) Vide Stat. 4 & 5 Vict. c. 39, ss. 22 (4) Vide Stat. 4 & 5 Vict. c. 39, s. 25. & 24. STATUTA VICTORIA. A.D. 1837—1844. 2127 cise of such patronage so long as any one of the present members of such chapter shall continue to be a member thereof. "LXXVI.(l) And be it declared and enacted, that nothing in this act or in the said first-recited act contained shall be construed to prejudice or affect any of the provisions of an act passed in the second year of the reign of his late majesty King William the Fourth, intituled, 4 An Act to extend the Provisions of an Act passed in the twenty-ninth year of the Reign of His Majesty King Charles the Second, intituled, " An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies," and for other Pur- poses,' or of the act therein recited : provided nevertheless, that after the passing of this act no augmentation made under such provisions, by any bishop or by any chapter whose revenues are affected by this act or the said first-recited act, shall be valid and effectual without the conse t of tl e ecclesiastical commissioners for England. " LXXVII. And be it enacted, that the ecclesiastical commissioners for England shall forthwith, and from time to time as they shall think necessary, cause to be amended the valuation of the revenues of the bishoprics, cathedrals, collegiate churches, ecclesiastical corporations, aggregate and sole, and benefices, in England and Wales, which was made and estimated according to the returns made to the commissioners appointed to inquire into the revenues and patronage of the esta- blished church in England and Wales, and specified in the report made by the said last-mentioned commissioners bearing date the sixteenth day of June, in the year one thousand eight hundred and thirty-five ; and when any such amended valuation shall be completed, and shall have been approved by her majesty in council, the same shall be printed by her majesty's printer, and when so printed shall be taken and held to be evidence of the value of every dignity, office, or benefice therein mentioned, for all the purposes of this act and of the said first- recited act. " LXXVIII. And be it enacted, that, in addition to the commissioners named in and appointed or to be appointed by or under the provisions of the first-recited act, the following persons ^hall be ecclesiastical commissioners, and members of the corporation of the e clesiastical commissioners for England, for all the pur- poses of the said first-recited act and of this act ; that is to say, all the bishops of England and Wales for the time being respectively, the lord chief justice of Eng- land, the master of the rolls, the lord chief justice of her majesty's court of Com- mon Pleas, the lord chief baron of her majesty's court of Exchequer, the judge of the Prerogative court of the Archbishop of Canterbury, the judge of the high court of Admiralty for the time being res, ectively, (such chief justices, master of the rolls, chief baron, and judges being re pectively members of the united church of England and Ireland,) the deans of the cathedral churches of Canterbury and Saint Paul in London, and of the collegiate church of Saint Peter, Westminster, for the time being respectively; and also four such lay persons (being members of the said united church) as shall be duly appointed by her majesty, and whom her majesty is hereby authorized to appoint, under her royal sign manual, to be such commis- sioners ; and such other two lay persons (being members of the said united church) as shall be duly appointed by the Lord Archbishop of Canterbury for the time being, and whom the said archbishop is hereby authorized to appoint, under his hand and archiepiscopal seal, to be such commissioner. " LXXIX. And be it enacted, that when any vacancy shall occur among such six last-mentioned commissioners, by death, resignation, or otherwise, it shall be lawful for her majesty, or for the said archbishop, as the case may be, to fill up such vacancy by the appointment of some other lay person (being a member of the said united church) to be a commissioner ; and the person so appointed shall there- upon become and be an ecclesiastical commissioner, and a member of the corpora- tion of the ecclesiastical commissioners for England, for all the purposes of the said first-recited act and of this act. Stat. 3 & 4 Vict. c. 113. Declaration as to 1 & 2 Gul. 4, c. 45. Valuation of ecclesiastical revenues to be amended. Appointment of additional commissioners. How vacancies to be filled up. (1) Vide Stat, i & 5 Vict c. 39, s. 26. 2128 STATUTA VICTORIA. A.D. 1837—1844. Stat. 3 & 4 Vict. c. 113. New commis- sioners to sub- scribe declara- tion. Commissioners not to be re- moveable. Notice of meetings. Ecclesiastical commissioners to lay schemes before queen in council, for carrying into effect the said recommenda- tions. Queen in coun- cil may make order for car- rying schemes into effect. Orders need only refer to act. Orders ga- zetted to be of full effect. Copies of orders to be laid before parliament. "LXXX. And be it enacted, that every lay commissioner appointed by or under the provisions of this act shall, before acting as such commissioner, sub- scribe the declaration required of the other lay commissioners by the said first- recited act. " LXXXI. And be it enacted, that so much of the first-recited act as relates to the removal by her majesty of any commissioner shall be and the same is hereby repealed ; and every commissioner appointed or to be appointed by name by or under the provisions of the said first-recited act or of this act shall hold his appoint- ment as an ecclesiastical commissioner, and shall be a member of the corporation of the ecclesiastical commissioners for England, so long as he shall well demean him- self in the execution of his duties as such commissioner. " LXXXII. And be it enacted, that the provisions of the first-recited act, whereby it is required that due notice of every meeting shall be given to every commissioner, shall not be construed to apply to any commissioner who at the time of giving notice of any meeting shall not be within England or Wales, nor to any commissioner who shall have intimated to the secretary that for any specified time (such time including the period of holding any meeting) he the said commissioner will not be able to attend the meetings of the commissioners ; provided always, that no act, matter, or thing affecting any commissioner, being a bishop or dean, or the see or diocese or cathedral or collegiate church of such commissioner, shall be done at any meeting whereof due notice shall not have been given to such commis- sioner, without his consent in writing previously obtained. "LXXXIII. And be it enacted, that the ecclesiastical commissioners for Eng- land shall from time to time prepare and lay before her majesty in council such schemes as shall appear to the said commissioners to be required and to be best adapted for carrying this act into full effect, and shall in such schemes recommend and propose all such measures as may, upon further inquiry, which the said com- missioners are hereby authorized to make, appear to them to be necessary for that purpose ; provided always, that, previously to laying any such scheme before her majesty in council, notice thereof shall be given to any corporation aggregate or sole affected thereby ; and the objections, if any, of such corporation shall be laid before her majesty in council, together with such scheme ; provided also, that nothing herein contained shall be construed to prevent the said commissioners from pro- posing in any such scheme such modifications or variations, as to matters of detail and regulation, as shall not be substantially repugnant to any provision of this act or of the said last-mentioned act. " LXXXIV. And be it enacted, that when any such scheme shall be approved by her majesty in council it shall be lawful for her majesty in council to make an order or orders ratifying the same, and specifying the time or times when such scheme or the several parts thereof shall take effect, and to direct every such order to be registered by the registrar of each of the dioceses whereof the bishop, or within which any cathedral or collegiate church, dignitary, chapter, member of a chapter, officer, incumbent, or any other person or body corporate, may or shall be in any respect affected thereby. " LXXXV. And be it enacted, that in any order made by her majesty in coun- cil under the authority of this act or of the first recited act it shall be sufficient to refer to the act under the authority whereof the order is made, and it shall not be necessary to recite any of the provisions of this act or of the said first-recited act. " LXXXVI. And be it enacted, that every such order shall, as soon as may be after the making thereof by her majesty in council, be published in the London Gazette ; and so soon as any order in council made under the authority of this act or of the first-recited act shall be so gazetted it shall in all respects, and as to all things therein contained, have and be of the same force and effeet as if all and every part thereof were included in this act. "LXXXVII. And be it enacted, that a copy of every order of her majesty in council made under this act shall be laid before each house of parliament in the month of January in every year, if parliament shall be then sitting, or if parlia- ment be not then sitting within one week after the next meeting thereof. STATUTA VICTORIA. A.D. 1837-1844. 2129 "LXXXVIII. And be it enacted, that the registrar of every diocese to whom any order of her majesty in council made by virtue of this act shall be delivered shall forthwith register the same in the registry of his diocese ; and if any such registrar shall refuse or neglect to register any such order, he shall for every day during which he shall so offend forfeit twenty pounds, and if his offence shall con- tinue for the space of three months he shall forfeit his office, and it shall be lawful for the bishop of the diocese to appoint a successor thereto. "LXXXIX. And be it enacted, that for such registration as aforesaid the regis- trar shall not be entitled to receive any fee or reward, but on every search for any such order he shall be entitled to receive a fee of three shillings, and for every copy or extract of any such order certified by him he shall be entitled to receive four-pence for every folio of ninety words; and the copy of every such entry, certified by the registrar, shall be admissible as evidence in all courts and places whatsoever. " XC. And be it enacted, that all the powers and authorities vested in the eccle- siastical commissioners for England by the first-recited act with reference to the matters therein contained shall be continued, and extended and apply to the said commissioners, and to the commissioners appointed by or under the provisions of this act, with referrence to all matters contained in this act, and may be used and exercised by them as fully and effectually as if the said powers and authorities were repeated in this act : and the said first-recited act and this act shall be construed as if they were one and the same act. " XCI. And be it enacted, that, notwithstanding anything in the first-recited act contained, the offices of treasurer and secretary to the said commissioners shall be united and shall be one office, and shall be held and the duties thereof performed by the same person ; and Charles Knight Murray, esquire, barrister at law, shall continue to be treasurer and secretary, and may hold the said office so long as he shall well demean himself therein ; and upon any vacancy of the said office by death, resignation, or otherwise, the ecclesiastical commissioners for England shall appoint a successor thereto, by an instrument in writing under their common seal. £< XCII. And be it enacted, that the temporary provisions of the said first- recited act shall continue and be in force until the first day of August, one thou- sand eight hundred and forty-one, and if parliament shall be then sitting until the end of the then session of parliament ; provided always, that, notwithstanding any- thing in the said first-recited act or in this act contained, any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitations of bishops and archdeacons in the places assigned to their respective jurisdiction and authority, under or by virtue of the provisions of the said first-recited act ; and any bishop may consecrate any new church or chapel or any new burial ground within his diocese. " XCIII. And be it enacted, that in the construction of this act the term ' canon ' shall be construed to mean only every residentiary member of chapter, except the dean, heretofore styled either prebendary canon, canon residentiary, or residentiary ; and the term 4 minor canon' shall be construed to extend to and include every vicar, vicar choral, priest vicar, and senior vicar, being a member of the choir in any cathedral or collegiate church. " XCIV. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament." Stat. 3 & 4 Vict. c. 113. Penalty for neglect of registration. Fee to regis- trar. Provisions of 6 & 7 Gul. 4, c. 77, to ex- tend to this act. Office of trea- surer and secretary. Ecclesiastical jurisdictions continued. Construction of the terms " canon" and "minor canon." Act may be amended this session. G U 2130 STATUTA VICTORIA. A.D. 18.37—1844. Stat. 3 & 4 Vict. c. 113. Schedule to which this Act refers. Cathedral or Collegiate Church. Canterbury . Durham Ely Westminster Winchester . Exeter Bristol Carlisle Chester Chichester . Gloucester . Hereford Lichfield Lincoln Number of Canons. Cathedral or Collegiate Church. Manchester Norwich St. Paul's, London Peterborough Ripon Rochester Salisbury Wells Windsor Worcester York Saint David's Llandaff Number of Canons. Stat. 3 & 4 Vict. cap. cxxiv. LXXX. Stat. 3 & 4 Victoria, cap. cxxiv. A.D. 1840. "An Act to authorize the Trustees of the River Weaver, in the County of Chester, to apply Part of the Funds arising from the Rates and Duties payable in respect of the Navigation of the said River, for the erecting and endowing one or more Church or Churches for the Accommodation of the Watermen, Hawlers, and others employed upon the said River, and connected with the Traffic thereof" Stat. 4 & 5 Vict. c. 5. [IR.] 1 & 2 Vict, c. 109. 3 & 4 Vict, c. 13. Any number of defaulters may be in- cluded in one petition in respect of arrears due LXXXI. Stat. 4 & 5 Victoria, c. 5. [Ireland.] AD. 1841. "An Act to facilitate the Recovery of Arrears of Tithe Compositions in Ireland vested in Her Majesty under the Provisions of an Act of the first and second years of Her present Majesty, for abolishing Compositions for Tithes in Ireland, and for substituting Rent-Charges in lieu thereof" " Whereas an act was passed in the session of parliament holden in the first and second years of the reign of her present majesty, intituled, i An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-Charges in lieu thereof ;' and whereas an act was passed in the last session of parliament, amending the said act ; and it was thereby, among other things, enacted, that in any petition to be presented under the said first-mentioned act by her majesty's attorney-general for Ireland to the court of Chancery or Exchequer in Ireland, or to the court of any assistant barrister or chairman, for the recovery of any arrears of tithe composition vested in her majesty under and by the operation of the provisions of the said act, it should be lawful to include all or any two or more of the persons in default who should be named and distinguished, in the schedule annexed to any memorial for relief presented to the lord lieutenant and privy council in Ireland under the said first-mentioned act, as haviDg such estates or interests as in the said act described in the lands charged with any composition due and in arrear, and that the court to which any such application might be made by petition might from time to time proceed thereon as against any one or more of the persons therein named as defaulters who should appear to have had due notice thereof, although such notice might not be proved to have been given to any other or others of the persons named therein : and whereas it is expedient, for the more cheap and easy recovery of the arrears of tithe compositions vested in her majesty as aforesaid, further to amend the said act; be it therefore enacted by the queen's most excel- lent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons in this present parliament assembled, and by the authority of the same, that in any petition to be presented under the said act or acts by the said Lttorney-general to any of the said courts for the recovery of any arrears of tithe composition vested in her majesty as aforesaid, it shall be lawful to include all or any two or more of the persons in default who shall be named and distinguished, STATUTA VICTORIA. A.D. 1837—1844. 2131 in the several schedules annexed to all or any two or more of the memorials pre- sented to the said lord lieutenant and privy council for relief under the said act in respect of compositions for tithes charged upon or accrued due in respect of lands situate in one and the same diocese, or in any two or more united dioceses, as having in such lands respectively the estates or interests in the said first-mentioned act described ; and that it shall be lawful from time to time to amend any petition which may be filed under the said acts and this act, or any of them, by adding parties thereto. " II. And be it enacted, that the court to which application may be made by petition as aforesaid under the said recited acts and this act, or any of them, may from time to time proceed thereon as against all or any of the parties therein named as defaulters, although they or any of them may not have had notice of such petition previous to the filing of the same : provided always, that no such court shall make any order adjudicating upon the liability of any such party to pay any sum of money, or directing the payment of any sum of money by any such party, unless such previous notice shall have been served upon such party, or unless fourteen days notice that such petition has been filed, or that some order has been made appointing a time for the hearing thereof, shall have been first served upon such party. " III. And be it enacted, that any notice to be given or served in pursuance of the said act of the last session of parliament, or of this act, shall be given or served in the manner provided by the said first-recited act in reference to the giving of notices thereunder : provided always, that in case any person who shall be proceeded against as such defaulter shall not have any place of abode in Ireland, or shall be a minor or lunatic, and in case there shall be an agent or receiver, committee or guardian, in actual receipt of the rents of the lands in respect of which the arrears shall be claimed as due, for which such proceed- ing shall be had, then and in such case such notice shall be given or served upon such agent or receiver, committee or guardian, or at his usual or last place of business or usual or last place of abode, or on such person or persons or in such manner as the court shall order. " IV. And be it enacted, that this act and the two hereinbefore mentioned acts shall be construed together as one act. " V. And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of parliament." Stat. 4 & 5 Vict. c. 5. [I*-] in the same diocese. Petition may- be amended by adding parties. Proceedings may be had on petition, al- though notice may not have been served ; but no order shall be made for payment of money unless previous notice shall have been served. Service of notices. Acts to be construed together. Act may be altered. LXXXII. Stat. 4 & 5 Victoria, cap. ix. A.D. 1841. gTAT 4 & 5 "An Act for the Division of the Rectory of TFinwick, in the County Palatine of VlCT- caP- Lancaster." LXXXIII. Stat. 4 & 5 Victoria, c. 14. A.D. 1841. Stat. 4 & 5 "An Act to make good certain Contracts which have been or may be entered into VlCT' c* 14' by certain Banking and other Copartnerships." " Whereas divers associations and copartnerships consisting of more than six members or shareholders have from time to time been formed, for the purpose of being engaged in and carrying on the business of banking, and divers other trades and dealings, for gain and profit, and have accordingly for some time past been and are now engaged in carrying on the same, by means of boards of directors or managers, committees, or other officers acting on behalf of all the members or shareholders of or persons otherwise interested in such associations or copartner- ships : and whereas divers spiritual persons having or holding dignities, prebends, canonries, benefices, stipendiary curacies, or lectureships, have been members or shareholders of or otherwise interested in divers of such associations and copart- nerships : and whereas it is expedient to render legal and valid all contracts entered into by such associations or copartnerships, although the same may now be void by reason of such spiritual persons being or having been such members or share- holders, or otherwise interested as aforesaid ; be it therefore enacted by the queen's C U 2 2132 STATUTA VICTORIA. A.D. 1837—1844. Stat. 4 & 5 Vict. c. 14. No association or copartner- ship, or con- tract entered into by any of them, to be illegal or void by reason only of spiritual persons being members thereof. No spiritual person bene- ficed or per- forming eccle- siastical duty to act as a director. In all actions and suits by copartnerhips established since the ses- sion of 2 & 3 Vict., the de- fendant to be entitled to taxed costs, and the court to make order for further costs. Act may be amended this most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that no such association or copartnership already formed, or which may be hereafter formed, nor any contract either as between the members, partners, or shareholders, composing such association or copartnership, for the pur- poses thereof ; or as between such association or copartnership and other persons, heretofore entered into or which shall be entered into by any such association or copartnership already formed or hereafter to be formed, shall be deemed or taken to be illegal or void, or to occasion any forfeiture whatsoever, by reason only of any such spiritual person as aforesaid being or having been a member, partner, or shareholder of or otherwise interested in the same ; but all such associations and copartnerships shall have the same validity, and all such contracts shall and may he enforced in the same manner, to all intents and purposes, as if no such spiritual person had been or was a member, partner, or shareholder of or interested in such association or copartnership : provided always, that it shall not be lawful for any spiritual person holding any cathedral preferment, benefice, curacy, or lectureship, or who shall be licensed or allowed to perforin the duties of any ecclesiastical office, to act as a director or managing partner, or to carry on such trade or dealing as aforesaid in person. " II. And be it enacted, that in all actions and suits which shall have been brought or instituted by or on behalf of any such association or copartnership which may have been formed since the end of the session of parliament held in the second and third years of the reign of her present majesty, in ca.se any defendant therein shall, before the twenty-ninth day of March, one thousand eight hundred and thirty-eight, by plea or otherwise, have insisted on the invalidity of any contract thereby sought to be enforced, by reason of any such spiritual person as aforesaid being or having been a member or shareholder in such association or copartnership, such defendant shall be entitled to the full costs of such plea or other defence, to be paid by the plaintiff, and to be taxed as the court in which the said action or suit shall be depending, or any judge thereof, shall direct ; and in order fully to indemnify such defendant it shall be lawful for such court or judge to order the plaintiff to pay to him such further costs (if any) of the said action or suit, as the justice of the case may require. " III. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 4 & 5 Vict. cap. xxiv. Stat. 4 & 5 Vict. cap. xxv. STAr. 4 & 5 Vict. cap. xxvi. LXXXIV. Stat. 4 & 5 Victoria, cap. xxiv. A.D. 1841. "An Act for severing the Chapelry of Rowley Regis from the Vicarage of Clent, in the County of Stafford ; and for the Sale of certain Lands situate in the Parish of Rowley Regis, and belonging to the Vicarage of Clent with the Chapelry of Rowley Regis annexed, and thereby providing a Residence and Maintenance for the Curate or officiating Minister of Rowley Regis ; and for other Purposes" LXXXV. Stat. 4 & 5 Victoria, cap. xxv. A.D. 1841. "An Act to empower the Dean and Chapter of Westminster to grant Building Leases in certain Parts of the City of Westminster ; and for other Purposes" LXXXV I. Stat. 4 & 5 Victoria, cap. xxvi. A.D. 1841. "An Act to confirm to Sir Edward Bowyer Smyth, Baronet, the Advowson of District Churches within the Parish of Saint Giles, Camberwell, in the County of Surrey." Stat. 4 & 5 Vict. c. 36. 5 & 6 Gul. 4, c. 74. LXXXVII. Stat. 4 & 5 Victoria, c. 36. A.D. 1841. "An Act to amend an Act of the fifth and sixth years of King William the Fourth, 'for the more easy Recovery of Tithes' and to take away the Jurisdiction from the Ecclesiastical Courts in all Matters relating to Tithes of a certain Amount" l< Whereas it is expedient to extend all the provisions of an act passed in the fifth and sixth years of his late majesty King William the Fourth, intituled, ' An Act for the more easy Recovery of Tithes,' to all suits in the ecclesiastical courts STATUTA VICTORIA. A.D. 1837—1844. 2133 hereafter to be commenced for the recovery of any tithes, oblations, or composi- tions, of or under the yearly value of ten pounds, and of any great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands whatsoever, of or under the value of fifty pounds, withheld by any quaker ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act all the enactments and provisions of the said recited act passed in the fifth and sixth years of his late majesty King William the Fourth, respecting suits or other proceedings in any of her majesty's courts in England, in respect of tithes, oblations, and com- positions, of or under the yearly value of ten pounds, and of any great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands what- soever, of or under the value of fifty pounds, withheld by any quaker, shall extend and be applied to all ecclesiastical courts in England." Stat. 4 & 5 Vict. c. 36. Enactments and provisions of recited act respecting proceedings for the reco- very of certain tithes and other eccle- siastical dues, extended to all ecclesiastical courts in England. LXXXVIII. Stat. 4 & 5 Victoria, c. 37. [Ireland.] A.D. 1841. Stat. 4 & 5 Vict. c. 37. "An Act for the more easy Recovery of Arrears of Compositions for Tithes from [iR.] Persons of the Persuasion of the People called Qvxikers in Ireland" " Whereas by an act passed in the session of parliament holden in the first and 1 & 2 Vict, second years of the reign of her present majesty, intituled, 'An Act to abolish c- 10y- Compositions for Tithes in Ireland, and to substitute Rent-Charges in lieu thereof,' the right in and to certain compositions for tithes therein mentioned was vested in her majesty : and whereas it is expedient to make provision, in manner hereinafter mentioned, for the recovery of such compositions, (without limit as to the amount thereof,) from persons of the persuasion of the people called quakers ; be it there- fore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that in all cases in which the person Arrears of liable to the payment of any composition for tithes, the right in and to which shall compositions have vested in her majesty under any of the provisions of the said recited act, shall veste(j -n jier be of the persuasion of the people called quakers, the same shall, (without limit as majesty under to the amount,) be recoverable by her majesty's attorney-general for Ireland, in 1 & 2 Vict, such manner only as by an act of the fifth and sixth years of the reign of his late c- *09, to be majesty King William the Fourth, intituled, * An Act for the more easy Recovery ^akerTt/lhke of Tithes,' is expressly or by reference prescribed for the recovery of ecclesiastical manner as demands of or under the value of fifty pounds from quakers in Ireland, but with a rent-charges like exception, as is contained in the said last recited act, in case the actual title of under that act her majesty to such composition for tithes, or the amount thereof, or the liability ^ 74 or exemption of the property to or from the same, shall be bond fide in question ; and in any case, except as aforesaid, in which the person so liable shall be of the persuasion aforesaid, and any other remedy or proceeding than those expressly or by reference prescribed by the said last-mentioned act has heretofore been or shall hereafter be commenced or prosecuted against him, it shall be lawful for him, or any one on his behalf, to serve upon the said attorney-general a decla- ration or notice in writing, stating that he is of the persuasion aforesaid, and such other remedy or proceeding shall be thereupon forthwith discontinued, and the costs previously incurred shall be taxed, and the said attorney-general shall proceed to recover such composition by such remedy as in the said last-recited act is provided, and shall be entitled to recover therewith, and as part thereof, the costs of such proceeding so discontinued ; and such notice shall be evidence of the liability of the person by or on whose behalf the same may have been given, and of his being of the persuasion aforesaid : provided always, that nothing herein contained shall affect the validity of any proceeding which shall have been insti- tuted or commenced before the passing of this act, unless and until such declaration or notice in writing as aforesaid shall be served upon the said attorney -general : and provided further, that if upon any such proceeding a sufficient distress cannot be found to satisfy the said composition for tithes, and the costs, (if any,) together with the reasonable costs of distress, then the other remedies provided or allowed 2134 STATUTA VICTORIA. A.D. 1837-1844 Stat. 4 & 5 Vict. c. 37. [IB.] Interpretation clause. Act may be amended, &c. this session. by the said recited act of the first and second years of her majesty's reign may be resorted to, in the same manner as if the persons liable to the payment were not of the said persuasion of people called quakers : provided also, that in no case what- ever shall any execution, or decree, or order, issue, or be made in respect of any such tithe composition against the person of any defendant being of the persuasion of the people called quakers. " II. And be it enacted, that the provisions made by the said recited act of her present majesty for the interpretation of certain words and expressions therein shall apply to and extend to the like words and expressions in this act ; and that the said recited act and this act shall be construed together as one act. " III. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 4 & 5 Vict. cap. XXXVII. LXXXIX. Stat. 4 & 5 Victorije, cap. xxxvii. A.D. 1841. 1 An Act for completing and maintaining a new Church in Birkenhead, in the County of Chester" Stat. 4 & 5 Vict. c. 38. Repeal of 6 & 7Gul.4,c. 70; but things done in pur- suance thereof declared valid, and those commenced to be continued according to this act. Landlords empowered to convey land to be used as sites for schools, &c. Chancellor and council of the duchy of XC. Stat. 4 & 5 Victoria, c. 38. A.D. 1841. "An Act to afford, further Facilities for the Conveyance and Endowment of Sites for Schools." " Whereas it is expedient that greater facilities should be given for the erection of schools and buildings for the purposes of education ; may it therefore please your majesty, that it may be enacted, and be it enacted by the queen's most excel- lent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons in this present parliament assembled, and by the authority of the same, that from and after the passing of this act an act passed in the session held in the sixth and seventh years of the reign of his late majesty King William the Fourth, intituled, « An Act to facilitate the Conveyance of Sites for School- rooms,' shall be and the same is hereby repealed; provided that all matters and things done in pursuance of the said act shall be and remain valid as though the said act was not repealed ; and all matters and things commenced in pursuance of the said act shall be continued according to the provisions of this act, if the same shall be applicable, otherwise shall be continued conformably to the said recited act, which shall be deemed to be still in force with regard to such proceedings. " II. And be it enacted, that any person, being seised in fee-simple, fee-tail, or for life, of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, or in Scotland being the proprietor in fee-simple or under entail, and in possession for the time being, may grant, convey, or enfranchise by way of gift, sale, or exchange, in fee-simple or for a term of years, any quantity not exceeding one acre of such land, as a site for a school for the education of poor persons, or for the residence of the schoolmaster or school- mistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge ; provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless the person next entitled to the same in remainder, in fee-simple or fee-tail, (if legally competent,) shall be a party to and join in such grant : provided also, that where any portion of waste or commonable land shall be gratuitously conveyed by any lord or lady of a manor for any such purposes as aforesaid, the rights and interests of all persons in the said land shall be barred and divested by such conveyance: provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this act mentioned, the same shall thereupon immediately revert to and become a portion of the said estate held in fee-simple or otherwise, or of any manor or land as aforesaid, as fully to all intents and purposes as if this act had not been passed, anything herein contained to the contrary not- withstanding. " III. And whereas it may be expedient and proper that the chancellor and council of her majesty's duchy of Lancaster, on her majesty's behalf, should be authorized to grant, convey, or enfranchise, to or in favour of the trustee or trus- STATUTA VICTORIA. A.D. 1837—1844. 2J 35 tees of any existing or intended school, lands and hereditaments belonging to her majesty in right of her said duchy, for the purposes of this act ; be it therefore enacted, that it shall and may be lawful for the chancellor and council of her majesty's duchy of Lancaster for the time being, by any deed or writing under the hand and seal of the chancellor of the said duchy for the time being, attested by t he clerk of the council of the said duchy for the time being, for and in the name of her majesty, her heirs, and successors, to grant, convey, or enfranchise, to or in favour of such trustee or trustees, any lands and hereditaments to be used by them for the purposes of this act, upon such terms and conditions as to the said chancel- lor and council shall seem meet ; and where any sum or sums of money shall be paid as or for the purchase or consideration for such lands or hereditaments so to be granted, conveyed, or enfranchised as aforesaid, the same shall be paid by such trustee or trustees into the hands of the receiver-general for the time being of the said duchy, or his deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an act passed in the forty- eighth year of the reign of his late majesty King George the Third, intituled, 'An Act to improve the Land Revenue of the Crown in England, and also of His Majesty's Duchy of Lancaster,' or any other act or acts now in force for that pur- pose : provided always, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this act mentioned, the same shall thereupon immediately revert to and become again a portion of the possessions of the said duchy, as fully, to all intents and purposes, as if this act, or any such grant as aforesaid, had not been passed or made, anything herein contained to the contrary notwithstanding. " IV. And be it enacted, that for the purposes of this act only, and for such time only as the same shall be used for the purposes of this act, it shall be lawful for any two of the principal officers of the duchy of Cornwall, under the authority of a warrant issued for that purpose under the hands of any three or more of the special commissioners for the time being for managing the affairs of the duchy of Cornwall, or under the hands of any three or more of the persons who may here- after for the time being have the immediate management of the said duchy, if the said duchy shall be then vested in the crown, or if the said duchy shall then be vested in a Duke of Cornwall, then under the hand of the chancellor for the time being of the said duchy, or under the hands of any three or more of the persons for the time being having the immediate management of the said duchy, by deed under their hands, to grant and convey to the trustees or trustee for the time being of any existing school, or of any school intended to be established by virtue of this act, any lands, tenements, or hereditaments, forming part of the possessions of the said duchy of Cornwall, not exceeding in the whole one acre in any one parish, upon such terms and conditions as to the said special commissioners or chancellor, or such other persons as aforesaid, shall seem meet : provided always, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this act mentioned, the same shall thereupon immediately revert to and become again a portion of the possessions of the said duchy, as fully, to all intents and purposes, as if this act or any such grant as aforesaid hath not been passed or made ; anything herein contained to the contrary notwithstanding. " V. And be it enacted, that where any person shall be equitably entitled to any manor or land, but the legal estate therein shall be in some trustee or trustees, it shall be sufficient for such person to convey the same for the pur- poses of this act without the trustee or trustees being party to the conveyance thereof ; and where any married woman shall be seised or possessed of or enti- tled to any estate or interest, manorial or otherwise, in land proposed to be conveyed for the purposes of this act, she and her husband may convey the same for such purposes by deed, without any acknowledgment thereof; and where it is deemed expedient to purchase any land for the purposes aforesaid belonging to or vested in any infant or lunatic, such land may be conveyed by the guardian or committee of such infant, or the committee of such lunatic respectively, who may receive the purchase money for the same, and give valid Stat. 4 & 5 Vict. c. 38. Lancaster em- powered to grant lands to the trustees of any existing or intended school. 48Geo.3,c.73. If lands cease to be used for the purposes of the act they shall revert. Officers of the duchy of Corn- wall empow- ered, upon sufficient authority, to grant lands to the trustees of any existing or intended school. If lands cease to be used for the purposes of the act they shall revert. Persons under disability em- powered to convey lands for the purj ose of this act. 2130 STATUTA VICTORIA. A.D. 1837—1844. Stat. 4 & 5 Vict. c. 38. Corporations, iustices, trus- tees, &c. em- powered to convey lands for the pur- poses of this act. 5 & 6 Gul. 4, c. 69. 7 Gul.4,.c.l8. Grants of land may be made to corporations or trustees, to be held by them for school purposes. and sufficient discharges to the party paying such purchase money, who shall not be required to see to the application thereof. " VI. And be it enacted, that it shall be lawful for any corporation, eccle- siastical or lay, whether sole or aggregate, and for any officers, justices of the peace, trustees, or commissioners, holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, subject to the provisions next herein- after mentioned, to grant, convey, or enfranchise, for the purposes of this act, such quantity of land as aforesaid in any manner vested in such corporation, officers, justices, trustees, or commissioners : provided always, that no ecclesias- tical corporation sole, being below the dignity of a bishop, shall be authorized to make such grant, without the consent in writing of the bishop of the diocese to whose jurisdiction the said ecclesiastical corporation is subject : provided also, that no parochial property shall be granted for such purposes without the con- sent of a majority of the rate-payers and owners of property in the parish to which the same belongs, assembled at a meeting to be convened according to the mode pointed out in the act passed in the sixth year of the reign of his late majesty, intituled, 'An Act to facilitate the Conveyance of Workhouses and other Property of Parishes, and of Incorporations or Unions of Parishes in England and Wales,' and without the consent of the poor law commissioners, to be testified by their seal being affixed to the deed of conveyance, and of the guardians of the poor of the union within which the said parish may be com- prised, or of the guardians of the poor of the said parish where the adminis- tration of the relief of the poor therein shall be subject to a board of guardians testified by such guardians being the parties to convey the same ; provided also, that where any officers, trustees, or commissioners, other than parochial trustees, shall make any such grant, it shall be sufficient if a majority or quorum autho- rized to act of such officers, trustees, or commissioners, assembled at a meeting duly convened, shall assent to such grant, and shall execute the deed of con- veyance, although they shall not constitute a majority of the actual body of such officers, trustees, or commissioners : provided also, that the justices of the peace may give their consent to the making any grant of land or premises belong- ing to any county, riding, or division, by vote at their general quarter sessions, and may direct the same to be made in the manner directed to be pursued on the sale of the sites of gaols by an act passed in the seventh year of the reign of his late majesty George the Fourth, intituled, i An Act to authorize the dis- posal of unnecessary Prisons in England.' " VII. And be it enacted, that all grants of land or buildings, or any interest therein, for the purposes of the education of poor persons, whether taking effect under the authority of this act, or any other authority of law, may be made to any corporation sole or aggregate, or to several corporations sole, or to any trustees whatsoever, to be held by such corporation or corporations or trustees for the pur- poses aforesaid : provided nevertheless, that any such grant maybe made to the minister of any parish being a corporation, and the churchwardens or chapelwar- dens and overseers of the poor, or to the minister and kirk session of the said parish, and their successors ; and in such case the land or buildings so granted shall be vested for ever thereafter in the minister, churchwardens, or chapelwar- dens, and overseers of the poor for the time being, or the minister and kirk session of such parish, but the management, direction, and inspection of the school shall be and remain according to the provisions contained in the deed of conveyance thereof : provided also, that where any ecclesiastical corporation sole below the dignity of a bishop shall grant any land to trustees, other than the minister, churchwardens, or chapelwardens, and overseers, for the purposes aforesaid, such trustees shall be nominated in writing by the bishop of the diocese to whose juris- diction such corporation shall be subject ; provided that where any school shall be intended for any ecclesiastical district not being a parish as hereinafter defined, it shall be sufficient if the grant be made to the minister and church or chapel- warden or wardens of the church or chapel of such district, to hold to them and their successors in office ; and such grant shall enure to vest the land, subject to STATUTA VICTORLE. A.D. 1837—1844. 2137 the conditions contained in the deed of conveyance, in such minister and the church Stat. 4 & 5 or chapel warden or wardens for the time being. Vict. c. 38. " VIII. And whereas schools for the education of the poor in the principles of Estates now the established church, or in religious and useful knowledge, and residences for the teeTfor"heUS~ masters or mistresses of such schools, have been heretofore erected, and are vested purposes of in trustees not having a corporate character ; be it therefore enacted, that it shall education may be lawful for the trustees for the time being of such last-mentioned schools and be conveyed to residences, not being subject to the provisions of the act passed in the last session *® ™™ster of parliament, intituled, ' An Act for improving the Conditions and extending the ^rdCen"C " Benefits of Grammar Schools,' to conveyor assign the same, and all their estate and interest therein, to such ministers and churchwardens and overseers of the poor of the parish within which the same are respectively situate, and their suc- cumbs as aforesaid, or being situate within an ecclesiastical district not being a parish as hereinafter denned, then to the minister and church or chapel wardens of the church or chapel of such district, and their successors, in whom the same shall thereafter remain vested accordingly, but subject to and under the existing trusts and provisions respectively affecting the same. " IX. And be it enacted, that any person or persons or corporation may grant Any number of any number of sites for distinct and separate schools, and residences for the master sites may he or mistress thereof, although the aggregate quantity of land thereby granted by ^p^ate^1* such person or persons or corporation shall exceed the extent of one acre ; provided schools. that the site of each school and residence do not exceed that extent ; provided also, that not more than one such site shall be in the same parish. " X. And be it enacted, that all grants, conveyances, and assurances of any site Form of for a school, or the residence of a schoolmaster or schoolmistress, under the pro- grants, &c. visions of this act, in respect of any land, messuages, or buildings, may be made according to the form following, or as near thereto as the circumstances of the case will admit ; (that is to say,) " * I, [or we, or the corporate title of a corporation,] under the authority of an act passed in the year of the reign of her majesty Queen Victoria, intituled 4 An Act for affording further Facilities for the Conveyance and Endowment of Sites for Schools,' do hereby freely and voluntarily, and without any valuable consideration, [or do, in consideration of the sum of to me or us or the said paid,] grant, [alienate,] and convey to all [description of the premises'], and all [my or our or the right, title, and interest of the ] to and in the same and every part thereof, to hold unto and to the use of the said and his or their [heirs, or executors, or administrators, or successors,] for the purposes of the said act, and to be applied as a site for a school for poor persons of and in the parish of and for the residence of the schoolmaster [or schoolmistress] of the said school [or for other purposes of the said school,'] and for no other purpose whatever ; such school to be under the management and control of [set forth the mode in which and the persons by whom the school is to be managed, directed, and inspected]. [In case the school be conveyed to trustees, a clause providing for the renewal of the trustees, and in cases where the land is purchased, exchanged, or demised, usual covenants or obli- gations for title, may be added.] In witness whereof the conveying and other par- ties have hereunto set their hands and seals, this day of " * Signed, sealed, and delivered by the said in the presence of of " And no bargain and sale or livery of seisin shall be requisite in any convey- ance intended to take effect under the provisions of this act, nor more than one witness to the execution by each party ; and instead of such attestation such con- veyance of any lands or heritages in Scotland shall be executed with a testing clause, according to the law and practice of Scotland ; and, being recorded within sixty days of the date thereof in the general register of seisins or particular register for the county or stewartry in which the lands or heritages lie, shall, without actual seisin, be valid and effectual in law to all intents and purposes, and shall be a complete bar to all other rights, titles, trusts, interests, and incumbrances to, in, cr upon the lands or heritages so conveyed. 2138 STATUTA VICTORIA. A.D. 1837—1844. Stat. 4 & 5 Vict. c. 38. Application of purchase money for land sold by any ecclesiastical corporation sole. Application of purchase money for lands sold in Scotland. 1 & 2 Gul. 4, c. 43. Ecclesiastical corporation to procure a certificate as to the extent of the land conveyed. Form of cer- tificate. Trustees em- powered to sell or exchange lands or buildings. All convey - " XI. And be it enacted, that where any land shall be sold by any ecclesiastical corporation sole for the purposes of this act, and the purchase money to be paid shall not exceed the sum of twenty pounds, the same may be retained by the party conveying, for his own benefit ; but when it shall exceed the sum of twenty pounds it shall be applied for the benefit of the said corporation, in such manner as the bishop in whose diocese such land shall be situated shall, by writing under hi3 hand, to be registered in the registry of his diocese, direct and appoint ; but no person purchasing such land for the purpose aforesaid shall be required to see to the due application of any such purchase money. " XII. And be it enacted, that the price of any lands or heritages to be sold for the purposes of this act by any heir of entail or other incapacitated person or per- sons in Scotland shall be applied and invested in such and the like manner as is directed in relation to any monies awarded to be paid for lands or heritages belong- ing to heirs of entail or incapacitated persons under an act passed in the first and second years of the reign of his late majesty King William the Fourth, intituled, 6 An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland.' " XIII. And be it enacted, that when any ecclesiastical corporation sole below the dignity of a bishop shall grant any land belonging to him in right of his cor- poration, for the purposes of this act, he shall procure a certificate, under the hands of three beneficed clergymen of the diocese within which the land to be conveyed shall be situate, as to the extent of the land so conveyed, to be endorsed on the said deed ; which certificate shall be in the form following ; (that is to say,) " ( We, A. B., clerk, rector of the parish of C. D , clerk, rector of the parish of and E. F.y clerk, vicar of the parish of being three beneficed clergymen of the diocese of do hereby certify, that clerk, rector of the parish of within the said diocese of being about to convey a portion of land situate in the said parish of for the purposes of a school, under the powers of the act passed in the year of the reign of her majesty Queen Victoria, inti- tuled, ' An Act for affording further Facilities for the Conveyance and Endowment of Sites for Schools,' we have at his request inspected and examined the portion of land, and have ascertained that the same is situate at [here describe the situation], and that the extent thereof does not exceed acre . As witness our hands this day of at in the county of and diocese of " 4 Witness of " And until such certificate shall have been signed no such conveyance shall have any force or validity. " XIV. And be it enacted, that when any land or building shall have been or shall be given or acquired under the provisions of the said first-recited act or this act, or shall be held in trust for the purposes aforesaid, and it shall be deemed advisable to sell or exchange the same for any other more convenient or eligible site, it shall be lawful for the trustees in whom the legal estate in the said land or building shall be vested, by the direction or with the consent of the managers and directors of the said school, if any such there be, to sell or exchange the said land or building, or part thereof, for other land or building suitable to the purposes of their trust, and to receive on any exchange any sum of money by way of effecting an equality of exchange, and to apply the money arising from such sale or given on such exchange in the purchase of another site, or in the improvement of other premises used or to be used for the purposes of such trust ; provided that where the land shall have been given by any ecclesiastical corporation sole, the consent of the bishop of the diocese shall be required to be given to such sale or exchange before the same shall take place : provided also, that where a portion of any parlia- mentary grant shall have been or shall be applied towards the erection of any school, no sale or exchange thereof shall take place without the consent of the secretary of state for the home department for the time being. " XV. And whereas in many cases conveyances of land have been made pur- STATUTA VICTORIA. A.D. 1837—1844. 2139 porting to be made in pursuance of the powers of the said first-recited act, to the minister or incumbent and the churchwardens or chapelwardens of certain parishes or places, as and for sites of schools or houses of residence for the schoolmasters ; and doubts have been entertained whether such conveyances are valid and effectual for the purposes of conveying the fee-simple, in consequence of the said statute not containing any words of limitation to the successors of such persons ; be it there- fore enacted, that all conveyances whereby any land shall have been conveyed to the minister or incumbent and the churchwardens or chapelwardens of any parish or place for the time being, whether made to them as such minister or incumbent and churchwardens or chapelwardens, or to them and their successors, shall be deemed and taken to have been and shall be valid and effectual for the purpose of vesting the fee-simple, or such other estate as hath been proposed to be conveyed, in the persons who from time to time shall be the minister or incumbent and the churchwardens or chapelwardens of such place, such minister being the rector, vicar, or perpetual curate, whether endowed or not, of the said parish or place. " XVI. And whereas certain lands or buildings have been conveyed for valua- ble consideration, upon trust, for the purposes of the education of the poor, and through inadvertence or other causes the deeds or assurances conveying the same have not been enrolled in Chancery, as required by the act passed in the ninth year of the reign of his late majesty King George the Second, intituled, 6 An Act to restrain the Disposition of Lands whereby the same become unalienable, and by the said hereinbefore first-recited act ; be it therefore enacted, that notwithstanding the said provisions all such conveyances shall be and remain valid for the space of twelve calendar months next ensuing the passing of this act, and if enrolled in Chancery before the expiration of that time shall be and remain valid hereafter as if duly enrolled within the time required by the provisions of the said acts : provided nevertheless, that no effect shall be given hereby to any deed or other assurance heretofore made, so far as the same has been already avoided by any suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced, for avoid- ing any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. " XVII. And be it enacted, that no schoolmaster or schoolmistress to be appointed to any school erected upon land conveyed under the powers of this act shall be deemed to have acquired an interest for life by virtue of such appoint- ment, but shall, in default of any specific engagement, hold his office at the discre- tion of the trustees* of the said school. " XVIII. And for the more speedy and effectual recovery of the possession of any premises belonging to any school which the master or mistress who shall have been dismissed, or any person who shall have ceased to be master or mistress, shall hold over after his or her dismissal or ceasing to be master or mistress, be it enacted, that when any master or mistress, not being the mas- ter or mistress of any grammar school within the provision of the act of the last session of parliament hereinafter mentioned, holding any schoolroom, school- house, or any other house, land, or tenement, by virtue of his or her o e shall have been dismissed or removed, or shall have ceased to be master or mis- tress, and shall neglect or refuse to quit and deliver up possession of the premises within the space of three calendar months after such dismissal or ceasing to be master or mistress, not having any lawful authority for retaining such posses- sion, it shall be lawful for the justices of the peace acting for the district or division in which such premises are situated, in petty sessions assembled, or any two of them, or for the sheriff of the county in Scotland, and they are hereby required, on the complaint of the trustees or managers of the said school, or some one of them, on proof of such master or mistress having been dismissed or removed, or having ceased to be such master or mistress, to issue a warrant under their hands and seals, or under the hand of such sheriff in Scotland, to some one or more of the constables and peace officers of the said district ov Stat. 4 & 5 Vict. c. 38. ances of land under 6 & 7 Gul. 4, c. 70, to be deemed effectual for vesting the fee simple. Certain con- veyances of lands, &c. for purposes of education not enrolled as required by 9 Geo. 2,c. 36, rendered valid if enrolled within twelve months from the passing of this act. Proviso for deeds avoided in any suit. No school- master to ac- quire a life interest by virtue of his appointment. Justices of the peace or she- riffs to give possession of school rooms, &c. in case of the refusal of the master. 2140 STATUTA VICTORLE. A.D. 1837—1844. Stat. 4 & 5 Vict. c. 38. 1 & 2 Vict. c. 74. Powers granted to the com- missioners un- der 3 & 4 Vict, c. 60, for ap- plying land to ecclesiastical purposes ex- tended to land granted by way of gift. Definition of the term "parish." Act not to extend to Ireland. Act not to affect 1 & 2 Vict. c. 87, or 3 & 4 Vict, c. 48. Act may be amended, &c. this session. . division, or of the sheriff's officers in Scotland, commanding him or them, within a period to be therein named, not less than ten nor more than twenty-one clear days from the date of such warrant, to enter into the premises, and give posses- sion of the same to the said trustees or managers or their agents, such entry and possession being given in England in such manner as justices of the peace are empowered to give possession of any premises to any landlord or his agent under an act passed in the second year of the reign of her present majesty, intituled, * An Act to facilitate the Recovery of Possession of Tenements after due Determi- nation of the Tenancy.' " XIX. And whereas by an act passed in the last session of parliament, inti- tuled, * An Act to further amend the Church Building Acts,' provision was made to enable her majesty's commissioners for building new churches, to apply land in any parish granted to them for any of the purposes of the Church Building Acts to any other ecclesiastical purposes, or for the purpose of any parochial or charitable school, or any other charitable or public purpose relating to any such parish or place : and whereas through an accidental omission such provision does not extend to cases of land granted by way of gift ; be it therefore enacted, that such power so given to the said commissioners, so far as it is applicable to the purposes of any school, shall extend to every case of land granted, given, or conveyed to them under the authority of the several acts in the said act recited. " XX. And be it enacted, that the term e parish ' in this act shall be taken to signify every place separately maintaining its own poor, and having its own overseers of the poor and church or chapel wardens. " XXI. And be it enacted, that this act shall not extend to Ireland. " XXII. And be it enacted, that nothing herein contained shall repeal or affect an act passed in the second year of the reign of her present majesty, intituled, ' An Act to facilitate the Foundation and Endowment of additional Schools in Scotland,' or another act passed in the last session of parliament, intituled, 4 An Act to enable Proprietors of Entailed Estates in Scotland to feu or lease on long Leases, portions of the same for the building of Churches and Schools, and for Dwelling Houses and Gardens for the Ministers and Masters thereof.' " XXIII. And be it enacted, that this act may be altered or amended by any act to be passed in this session of parliament." Stat. 4 & 5 Vict. cap. xxxviii. Stat. 4 & 5 Vict. c. 39. 6 & 7 Gul. 4, c. 77. 3 & 4 Vict. c. 113. XCI. Stat. 4 & 5 Victoria, cap. xxxviii. A.D. 1841. "An Act to enable the Trustees of the Hospital of Saint John the Baptist, in the City of Winchester, to effect an Exchange with Sir Edmund Antrobus, Baronet, under the Authority of the Court of Chancery." XCII. Stat. 4 & 5 Victoria, c. 39(1). A.D. 1841. "An Act to explain and amend two several Acts relating to the Ecclesiastical Commissioners for England." " (2) Whereas an act was passed in the seventh year of the reign of his late majesty, intituled, < An Act for carrying into effect the Reports of the Commis- sioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage:' and whereas another act was passed in the last session of parliament, intituled, * An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesias- tical Duties and Revenues :' and whereas it is expedient to explain and amend certain provisions in the said acts contained; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that, notwithstanding anything in either of the (1) FWeStat. 6 & 7 Vict. c. 60; and Stat. 6 & 7 Vict. c. 77. (2) Vide Stat. 5 & 6 Vict. c. 108, s. 11. A STATUTA VICTORIA. A.D. 1837—1844. 2141 said recited acts contained, it shall be lawful for the ecclesiastical commissioners Stat. 4 & 5 for England, at any meeting duly convened according to the provisions thereof, to VlCT- c- 39' continue and adjourn such meeting from day to day for any such number of days Commissioners as they shall deem necessary ; and the proceedings of the said commissioners, and "gj^g^om all acts, matters, and things done and executed by them, on each and every of day to day# such days of adjournment, shall be as valid and effectual to all intents and pur- 6 & 7 Gul. 4, poses as if the same had been done and executed on the first day of such meeting : c. 77, s. 4. provided always, that no proceeding which requires to be ratified and confirmed ^ & 4g g1^' °" by the common seal of the corporation shall be finally concluded by the affixing Pr()V0 ag't0 of the said seal on any such day of adjournment, unless notice of the intention to confirming propose such proceeding for final consideration and decision shall have been sent proceedings, together with every notice issued for such first day of meeting. " II. And for the removal of all doubts respecting the foundation of honorary Cathedrals in canonries, be it declared and enacted, that honorary canonries are and shall be which hono- founded forthwith in the cathedral churches of Canterbury, Bristol, Carlisle, ™g\^"dedieS Chester, Durham, Ely, Gloucester, Norwich, Oxford, Peterborough, Ripon, 3 & 4 yict. c. Rochester, Winchester, and Worcester, and in the collegiate church of Manchester 113, s. 23. so soon as the same shall become a cathedral church, and in no other cathedral church ; and that all the provisions of the secondly-recited act which purport to relate to honorary canonries shall apply to the honorary canonries so founded. "III. And be it enacted, that the holding of an honorary canonry, or of any Honorary pre- prebend, dignity, or office, not now in any manner endowed, or whereof the lands, ^er^e^t tithes, or other hereditaments, endowments, or emoluments shall have been vested twQ bengfiCgS in the ecclesiastical commissioners for England, or which may hereafter be 3 & 4 Vict. c. endowed to an amount not exceeding twenty pounds by the year, shall not be 113, ss. 23,51 construed to prevent the holding therewith of more benefices than one ; and that ^ g1^1^ no such prebend, dignity, or office, which was vacant on the thirteenth day of J August last, or became so at any time since, shall be deemed to have lapsed by reason of such vacancy, but hath remained and shall remain in the patronage of the archbishop or bishop of the diocese for the time being until a successor shall be collated thereto ; and that every such prebend, dignity, or office, which shall hereafter become vacant, and every such honorary canonry, shall in like manner ' be and remain in the patronage of the archbishop or bishop of the diocese for the time being until a successor shall be collated thereto; any royal prerogative, statute, canon, or usage to the contrary notwithstanding. "IV. And whereas it is not just that first-fruits and tenths should be paid by First-fruits and the holders of dignities, prebends, and offices of which the estates are vested in the tenths of va- said ecclesiastical commissioners, and it is inexpedient to diminish the amount of ^re en S' the fund accruing to the governors of Queen Anne's bounty in respect of such 3 & 4 Vict. c. prebends, dignities, and offices, and of sinecure rectories; be it enacted, that the 113, ss. 48, 49, holders of all dignities, prebends, and offices, whereof the lands, tithes, tenements, 50, 51, 54. and other hereditaments and endowments shall have become so vested, shall be absolutely relieved and discharged from the payment of all first-fruits and tenths in respect of such their dignities, prebends, and offices respectively ; and that the said commissioners shall yearly and every year, on or before the thirty-first day of March, out of the monies at their disposal under the provisions of the secondly- recited act, pay or cause to be paid to the treasurer of the said governors for the time being a sum equal to one twentieth part of the aggregate amount charged for first-fruits on all dignities, prebends, offices, and sinecure rectories of which the lands, tithes, tenements, or other hereditaments or endowments had on the last day of the preceding December become so vested in the said commissioners, as an average compensation for, and in full satisfaction of all claim of the said governors to, the first-fruits heretofore payable in respect thereof ; and the said commis- sioners shall also, subject to the proviso hereinafter contained, on or before the same day of March, and out of the same monies, pay or cause to be paid yearly and every year to the said treasurer for the time being the aggregate amount of the tenths due to the said governors for or in respect of all the same dignities, prebends, offices, and sinecure rectories: provided always, that nothing herein 2142 STATUTA VICTORLE. A.D. 1837—1844. Stat. 4 & 5 Vict. c. 39. Deans need not hold pre- bends. 3 & 4 Vict, c, 113, s. 24. Commissioners to have same claims as duly- qualified pre- bendaries. 3 & 4 Vict. c. 113, ss. 49, 50, 51. Provisions of 3 & 4 Vict. c. 113, to apply to other non- residentiary prebends, &c. ss. 22, 51, 52 & 53. Application of certain monies to pa- rishes of St. Margaret's and St. John's, Westminster. 3 & 4 Vict. c. 113, s. 31. Archdeacon- ries may be contained shall relieve any person from the payment of any tenths which he is now bound to pay by any covenant contained in any lease held by him : provided also, that in case of any bishop being deprived by the provisions of this act of any tenths heretofore receivable by him, the amount thereof shall from time to time and out of the same monies be paid or allowed to such bishop by the said com- missioners. " V. And be ,it declared and enacted, that the holding of a canonry, residen- tiary, prebend, or office is not nor shall be necessary to the holding of the deanery of any cathedral church in England, nor to the entitling of any dean to his full share of the divisible corporate revenues of such church, although such share may not heretofore have been received by any preceding dean otherwise than as a canon residentiary ; and that the holding of a prebend is not nor shall be necessary to the holding of either of the residentiary canonries in the cathedral church of Saint Paul in London which are in the direct patronage of her majesty. " VI. And be it declared and -enacted, that the provisions of the secondly- recited act and of this act, by virtue of which any lands, tithes, or other heredita- ments, endowments, or emoluments belonging to any dignity, prebend, or office, in any cathedral or collegiate church, have accrued to and become vested in, or may accrue to or become vested in, the said ecclesiastical commissioners, do and shall be construed to extend to and include all lands and tenements, (except any house within the precincts of such church belonging to any canonry or usually held and enjoyed therewith, or any small portion of land situate within the limits and precincts of any cathedral or collegiate church, or in the vicinity of any residence house, which, under the provisions of the secondly -recited act, may be reserved to such church, or permanently annexed to any residentiary house by the authority in the same act provided,) tithes, or other hereditaments, endowments, and emolu- ments, of what nature or kind soever, which, if the said secondly-recited act had not been passed, any successor to such dignity, prebend, or office would have been entitled to possess or receive, if duly qualified in all respects according to the statutes and usages of his church to possess or receive the same, and if qualified and ready at all times personally and duly to perform all the duties and services of such his prebend, dignity, or office. " VII. And be it enacted, that all the provisions in the said secondly-recited act and in this act contained relating to lands, tithes, or other hereditaments or endowments belonging to prebends not residentiary, shall apply also to all lands, tithes, and other hereditaments and endowments belonging to the respective offices of sacrist, custos, and hospitaller in any cathedral or collegiate church, or enjoyed by the holders thereof in right of such offices, as fully and effectually as if such offices had been expressly named as subject to such provisions. " VIII. And be it enacted, that so much of the secondly-recited act as relates to the application of certain monies therein specified towards making a better provision for the cure of souls in the respective parishes of Saint Margaret and Saint John, Westminster, shall be repealed ; and that it shall be lawful to apply such monies towards making such better provision in such manner as by the authority in the same act provided shall be deemed best for the spiritual interests of the said parishes respectively ; provided that such monies shall be exclusively applied within the respective parishes with which the canonries in the collegiate church of Saint Peter, Westminster, are connected, and from the proceeds of which they respectively accrue ; and that with respect to the parish of Saint John, it shall also be lawful, by the like authority, in the same manner, to apply so much of the monies paid over to the ecclesiastical commissioners for England, or to their account, by the treasurer of the governors of the bounty of Queen Anne, under the provisions of the same act, as came to his hands by reason of the temporary sus- pension of the canonry in the said church, to which is now annexed the rectory of the said parish of Saint John, together with any interests which may have accrued thereon. " IX. And be it enacted, that, notwithstanding anything in the said secondly- recited act contained, it shall be lawful by the authority in the same act provided, STATUTA VICTORIA. A.D. 1837—1844. 2143 with the consent of the bishop of any diocese, and of the patron of any benefice within the limits of any archdeaconry in such diocese, to endow such archdea- conry, by the annexation thereto of such benefice, such annexation to take effect immediately if the benefice be vacant at the time of such endowment, or otherwise upon the then next vacancy thereof ; and every benefice so annexed, and every future holder thereof, shall be subject to all the provisions of an act passed in the second year of her present majesty's reign, intituled, 'An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy :' provided always, that no such annexation shall take effect as to any archdeacon in possession at the passing of this act, without his consent ; and in default of such consent at the time when any benefice would otherwise so as afore- said become annexed, or until such consent be given, during the incumbency of such archdeacon, the income and emoluments of such benefice shall, after due pro- vision thereout being made for the cure of souls in the parish or district of such benefice, be applied, by the like authority, either in improving the existing house and buildings, or in providing a new house of residence for such benefice, or in improving or augmenting the glebe belonging thereto, or if no such improvement or augmentation be deemed necessary, then for the benefit of any poor benefice or benefices within the same archdeaconry. " X. And whereas it is by the thirdly-recited act provided, that nothing therein- before contained shall be construed to prevent any archdeacon from holding, together with his archdeaconry, two benefices, under the limitations in the said act mentioned with respect to distance, joint yearly value, and population, and one of which benefices shall be situate within the diocese of which his archdeaconry forms a part, or one cathedral preferment in any cathedral or collegiate church of the diocese of which his archdeaconry forms a part, and one benefice situate within such diocese : and whereas doubts are entertained whether the said provision includes benefices of peculiar or exempt jurisdiction, and it is expedient that such doubts should be removed ; be it therefore enacted, that the said provision shall extend and apply to benefices locally situate within the diocese of which any such archdeaconry shall form a part, although the same may not be subject to the juris- diction of the bishop of such diocese. " XI. And be it enacted, that any canonry or portion of the income of a canonry or benefice annexed to any archdeaconry under the provisions of the secondly- recited act or this act may at any time, upon the representation of the bishop of the diocese, and by the authority in the said secondly-recited act provided, be dis- annexed from such archdeaconry on the vacancy thereof, and annexed to any other archdeaconry in the same diocese. " XII. And be it enacted, that so much of the said secondly-recited act as relates to the Archdeacon of Nottingham and to the parish of Southwell shall be repealed ; and that the Bishop of Lincoln, and not the Archbishop of York, shall from henceforth be the visitor of the collegiate church of Southwell, and shall enjoy all powers now vested in the said archbishop as such visitor; and that, not- withstanding anything in the said secondly-recited act contained, no appointment shall be made to any canonry or prebend in the said collegiate church, but that so soon as every person who was a member of the chapter thereof at the passing of the same act shall have ceased to be such member, all lands and tenements, tithes, and other hereditaments belonging to the said church or the chapter thereof, except any right of patronage, shall, without any conveyance or assurance in the law other than the provisions of this act, accrue to and be vested in the ecclesias- tical commissioners for England, and their successors, for the purposes , of the secondly-recited act and of this act ; and that out of the lands, tenements, tithes, and other hereditaments and endowments which shall so accrue to the said com- missioners, or the proceeds thereof, competent provision shall be made, by the authority in the said secondly recited act provided, and in such manner as shall be by such authority deemed expedient, for the services of the said church of South- well, and for the maintenance and reparation of the fabric of the said church, and for any minor canon or officer thereof ; and that the patronage of all benefices with Stat. 4 & 5 Vict. c. 39. endowed with benefices. 3 & 4 Vict. c. 113, ss. 34 & 35. 1 & 2 Vict. c. 106. The provision in 1 & 2 Vict, c. 106, as to archdeacons holding two benefices, to extend to peculiars. Endowment may be dis- annexed from one archdea- conry, and annexed to another. Further pro- visions respect- ing Southwell. 3 & 4 Vict. c. 113, ss. 18,36 & 41. 2144 STATUTA VICTOR! jE. A.D. 1837-1844. Stat. 4 & 5 cure of souls possessed by the said chapter shall be transferred to and vested partly ict. c. 39. jn tne Bishop of Ripon and partly in the Bishop of Manchester, subject to the same provisions as are in the said secondly-recited act contained with respect to benefices in the patronage of the prebendaries of the said collegiate church ; and that so soon as conveniently may be, and by the like authority, and out of the same lands, tenements, tithes, or other hereditaments or endowments, or the pro- ceeds thereof, or out of any other lands, tithes, or other hereditaments or endow- ments now or in the meantime vested in the said commissioners, or any emolu- ments already accrued or hereafter accruing to them in respect of the canonries or prebends of the said church, provision shall be made for the spiritual care of the said parish of Southwell, and for the competent endowment of ministers in the several parishes within the deanery of Southwell, wherein any of such lands, tene- ments, tithes, and hereditaments are respectively situate or arise ; and the vicarage of Southwell shall be endowed with such portion of the tithes of the parish of Southwell, or with such other provision, as by the like authority may be deter- mined on, and may be constituted a rectory with cure of souls ; and that on the then next avoidance thereof the Archdeacon of Nottingham for the time being shall become ipso facto rector of the said rectory, and the said rectory shall thenceforth be permanently annexed to the archdeaconry of Nottingham : provided always, that the said rectory of Southwell and the incumbent thereof shall continue sub- ject to all the provisions of the thirdly-recited act passed in the second year of her present majesty's reign. Durham Uni- " XIII. And whereas inconvenience arises from the mode in which certain F&Tvictfc ProPerty is now neld Par% l)y the bishop and partly by the dean and chapter of 113, s. 37.' ' Durham in trust for the university of [Durham ; be it enacted, that it shall be lawful, by the authority in the said secondly -recited act provided, with the con- sent of the said university, and also of the said bishop or of the said dean and chap- ter, as the case may be, to make any such arrangements as may be deemed fit by the like authority for varying, transferring, or annulling any of the trusts upon which any monies or securities for money, or any lands, tenements, tithes, or other hereditaments, are now held for the benefit of the said university, and for trans- ferring and vesting such monies, securities for money, lands, tenements, tithes, or other hereditaments, or any part thereof, in such other manner and in such other persons or body corporate as may be deemed by the like authority most beneficial to the said university ; and that the said university of Durham may, by the name of * The Warden, Masters, and Scholars of the University of Durham/ take and purchase and hold lands, tenements, tithes, and other hereditaments to them and their successors, the Statutes of Mortmain or any other act or acts to the contrary notwithstanding ; and that, when the lands, tenements, tithes, or other heredita- ments, monies or securities for money, or any part thereof, now held by the said bishop or by the said dean and chapter in trust for the said university, shall be vested, by the authority aforesaid, in the said warden, masters, and scholars, they shall have and enjoy all the powers of sale, of purchase, of holding in mortmain, of leasing, of management, of applying the principal monies, and the rents, divi- dends, and interests thereof, or of such part thereof as shall be vested in them, in as full and ample manner as the said dean and chapter now have and enjoy the same powers by virtue of an act passed in the third year of the reign of his late 2 & 3 Gul. 4, majesty, intituled, ' An Act to enable the Dean and Chapter of Durham to appro- cap. xix. priate part of the Property of their Church to the Establishment of a University in connexion therewith for the Advancement of Learning ;' and that it shall be lawful for all bodies corporate, aggregate, or sole, and all other incapacitated per- sons named in the said act, to sell and convey to the said warden, master, and scholars, and their successors, all such lands, tenements, and hereditaments as by the said act they are enabled to sell and convey to the said dean and chapter, and in such manner and by such conveyances and assurances as in the said act are mentioned ; and that it shall be lawful for the said warden, masters, and scholars to apply the building fund to the payment of expenses already incurred by the said university in erecting and completing, altering, repairing, or improving any STATUTA VICTORIA. A.D. 1837— 1844. 2145 building for the use of the said university, or for the use of any person or persons Stat. 4 & 5 for whom the said university was or is bound to provide any office or building VlCT- c- 39- under an order of her majesty in council bearing date the nineteenth day of July, one thousand eight hundred and thirty-seven, relating to the castle of Durham, and to the erection and completion, alteration, reparation, or improvement of any building erected or to be erected, not only on land now vested in the said dean and chapter, but also on land now vested in the said bishop in trust for the said uni- versity, or on land to be hereafter acquired by the said warden, masters, and scholars for any of the foregoing uses ; and that it shall be lawful, by the like authority, with the consent of the said university, and also of the said bishop and of the said dean and chapter, to transfer to the said warden, masters, and scholars the whole or any part of the powers relating to the government of the said uni- versity, and the order and discipline to be observed therein, which are now vested by the last-mentioned act in the said dean and chapter. " XIV. And be it enacted, that so much of the said secondly-recited act as Saint David's relates to the division and application of the existing corporate revenues of the gj^nff^d chapters of the cathedral churches of Saint David and LlandafF respectively, and to the application of the endowments belonging to the prebends in the collegiate church of Brecon, shall be and the same is hereby repealed. " XV. And be it declared and enacted, that, notwithstanding anything in the secondly-recited act contained, any minor canon in any cathedral or collegiate church may take and hold, together with his minor canonry, any benefice which Amendments is within the distance prescribed by the said act ; and that in every case in which relating to any dean before the passing of the same act enjoyed a right, as such dean, to appoint any minor canon, nothing therein contained shall be construed to deprive him or his successors thereof ; and that, in the construction of the same act and of this act, the term ' minor canon' shall not be construed to extend to or include any other than a spiritual person. " XVI. And be it enacted, that in every cathedral church in which any Majority of canonry or canonries is or are or shall be suspended, a majority of the existing members to members of chapter, including or not including the dean, according as his presence constltute a may or may not be by law required, shall at all times be a sufficient number of 3 gf/vict canons for constituting a chapter. "XVII. And be it enacted, that so much of the secondly-recited act as relates to the purchase, by the ecclesiastical commissioners for England, of ecclesi- astical rectories without cure of souls, shall be construed to extend and apply to vate patronage any ecclesiastical rectory which shall by the archbishop of the province and the ^ ^^Jg*' °' bishop of the diocese be certified to be, and shall by the said commissioners be ' deemed to be, an ecclesiastical rectory without cure of souls, although there shall be no vicarage endowed or perpetual curacy belonging thereto or connected there- with ; provided that when any such ecclesiastical rectory purchased by the said commissioners shall have become suppressed under the provisions of the same act, the whole, if it be deemed necessary, or such part as shall be deemed necessary by the said commissioners, of the lands, tithes, or other endowments belonging to such rectory, and of the proceeds thereof, shall, by the authority in the same act pro- vided, be set apart and applied towards the spiritual care of the population of the parish or district in which such lands, tithes, or other endowments are situate or accrue, in such manner as by the like authority shall be deemed expedient. " XVIII. (1) And be it enacted, that the provisions of the secondly-recited act relating to the disposal of residence houses, and houses attached to any dignity, prebend, or office in the precincts of the respective cathedral and collegiate churches, and also so much of an act passed in the second year of the reign of his late majesty as annexes to the archdeaconry of Durham the house of residence therein mentioned, shall be repealed ; and that the dean and chapter of any cathe- dral or collegiate church, with the consent of their visitor, may from time to time sanction and confirm the exchange of houses of residence, or of houses attached to any dignities, offices, or prebends in the precincts of such church, among the nues. Provisions repealed. 3 & 4 Vict. c. 113, ss. 38, 39 & 40. minor canons. 3 & 4 Vict. c. 113, ss. 44, 45 & 46, s. 93. 113, s. 47. Sinecure rec- tories in pri- Disposal of residence houses. 3 & 4 Vict. c. 113, s. 58. 2 & 3 Gul. 4, cap. x. (1) Vide Stat. 5 & 6 Vict. c. 26, s. 7. 6 X 2146 STATUTA VICTORLE. A.D. 1837—1844. Stat 4 & 5 Vict. c. 39. Correction of error respect- ing endow- ments belong- ing to Lich- field prebends. 3 & 4 Vict, c. 113, s. 63. Enlarged dis- cretion as to mode of fixing incomes . 3 & 4 Vict, c. 113, ss. 52 & 66. Powers of ex- change, &c. extended to all corporations sole. 3 & 4 Vict, c. 113, s. 68. Provisions of 3 & 4 Vict, c. 113, s. 73, respecting ex- change of advowsons, to authorize ex- change by ecclesiastical corporations. Exchanges of advowsons may be made for the purpose of unions. 1 & 2 Vict, c. 106, s. 16. canons of such church, or may make any such arrangement to take effect at any future time, or may assign any one of such houses being vacant to any canon willing to accept the same in lieu of the house theretofore occupied by him, and thereupon any house no longer required by any cainon may by the said dean and chapter be disposed of, in such way as they shall deem fit, with the consent of their visitor, and of the ecclesiastical commissioners for England, signified under their common seal ; provided that all acts, matters, and things relating to any such house already done under the last-mentioned provisions of the said secondly-recited act shall be valid and effectual to all intents and purposes. " XIX. And be it declared and enacted, that the provisions of the secondly- recited act which purport to relate to the endowments belonging to the suspended prebends in the cathedral church of Lichfield were intended to apply and do apply to all the lands and tenements, tithes, and other hereditaments and endowments, which are or are to be vested in the said ecclesiastical commissioners, by or under the pro- visions of the said act, by reason of the vacancy of any canon residentiary, or of any prebend, dignity, or office not residentiary, in the said church. " XX. And be it declared and enacted, that, notwithstanding anything in the secondly-recited act contained relating to the payment of fixed annual sums by certain deans and canons, and the payment of other annual sums to certain deans and chapters therein respectively named or referred to, or relating to the transfer of parts of the lands, tithes, or other hereditaments therein specified to the chapters of York, Chichester, Exeter, Hereford, Lichfield, Salisbury, and Wells respec- tively, for the purposes therein respectively specified, it shall be lawful, by the authority in the same act provided, to carry such purposes or any of them into effect by any mode of payment, contribution, augmentation, or endowment which may be deemed fit, as well as by the modes in the said act specified ; and that the scale of payments and receipts may from time to time in any case be revised, and if need be, varied by the like authority, so as to preserve, as nearly as may be, the intended average annual incomes respectively, but not so as to affect any dean or canon in possession at the time of making any such variation. " XXI. And be it declared and enacted, that the provisions of the secondly- recited act relating to the sale, transfer, or exchange of any lands, tithes, or other hereditaments, the purchase of other lands, tithes, or other hereditaments in lieu thereof, or the substitution of any lands, tithes, or other hereditaments for any money payment, do and shall extend to authorize the substitution of any money payment for any lands, tithes, or other hereditaments, and do and shall include and apply to all lands, tithes, or other hereditaments in the possession or enjoyment of any dean, canon, prebendary, or other dignitary or officer of any cathedral or colle- giate church, or in the possession of the ecclesiastical commissioners for England ; and the consent in writing under the hand only of any such dean, canon, preben- dary, or other dignitary or officer, shall be deemed to be a consent within the meaning of the said act. " XXII. And be it declared and enacted, that it is and shall be competent to the authority in the first-recited act provided to make arrangements, under and according to the provisions of the said act, for improving the value or making a better provision for the spiritual duties of ill-endowed parishes or districts, by means of the exchange of advowsons, or other alterations in the exercise of patron- age, notwithstanding that such advowsons, or any or either of them, or such patronage, shall be vested in or belong to any ecclesiastical corporation aggregate or sole. " XXIII. And be it enacted, that whenever it shall be made to appear to the ecclesiastical commissioners for England that it would be expedient to make an exchange of an advowson, or of any right of patronage, for any other advowson or right of patronage, with a view to proceedings being taken for the union of two or more benefices under the provisions of the said act passed in the second year of her present majesty's reign, it shall be lawful for the said commissioners, with the consent of the patron or patrons of every such advowson or right of patronage, and also, in case any such advowson or right of patronage shall be vested in or belong STATUTA VICTORIiE. A.D. 1837—1844. 2147 to any ecclesiastical corporation aggregate or sole, with the consent of the bishop of the diocese, or in the case of benefices lying in more than one diocese then with the consent of the bishop of each diocese, and where a bishop shall be himself one of the patrons with the consent of the archbishop of the province, to certif y the same to such archbishop ; and that thereupon, if the said archbishop shall think fit, proceedings may be taken, under and in pursuance of the provisions of the said last-mentioned act, for effecting the union of such benefices ; and the said arch- bishop, at the same time that he shall at tify to her majesty in council the inquiry and consent referred to in the same act, shall transmit such certificate of the said commissioners to her majesty in council, together with an abstract of the title to any advowson or right of patronage mentioned in the certificate of the said com- missioners, other than advowsons or rights of patronage belonging to any such ecclesiastical corporation as aforesaid, and the opinion of counsel on such title ; and thait thereupon it shall be lawful for her majesty in council, in any order for such licence made and issued under the provisions of the same act, to order that such exchange as aforesaid shall take effect ; and upon such order being made and regis- tered pursuant to the said act the said exchange shall be valid and effectual, without any other assurance in the law, and notwithstanding that the advowsons or rights of patronage, or any or either of them, exchanged by virtue of the said order, were or was previously thereto vested in or belonged to any such ecclesiastical corpora- tion as aforesaid ; and the respective exchangees, their heirs, appointees, successors, and assigns, shall thenceforth stand seised of the advowsons or rights of patronage so taken in exchange, in the same manner, to all intents and purposes, and subject to the same trusts, powers, limitations, charges, and incumbrances, (if any,) as the advowsons or rights of patronage by them given in exchange were respectively held and were subject. " XXIV. And be it declared and enacted, that all the provisions relating to the consent of patrons of benefices, contained in the thirdly-recited act passed in the second year of the reign of her present majesty, shall be construed to apply to the consent of patrons under the provisions of the secondly-recited act and of this act, as fully and effectually as if the same had been therein and herein repeated and enacted respecting the patrons of benefices affected by such secondly-recited act and this act. " XXV. And be it enacted, subject to the provisions of the said secondly-recited act with respect to the interests of existing incumbents, that in the queen's free chapel of Saint George within her castle of Windsor, so soon as a vacancy shall occur in the deanery, the share of the divisible corporate revenues from time to time payable to each canon appointed after the passing of the same act, and to the ecclesiastical commissioners for England in respect of each suspended canonry, shall be one fourteenth part of the whole of such revenues, and the remainder thereof shall be paid to the dean ; and in the cathedral church of Lincoln, so soon as the chapter thereof shall entirely consist of a dean and canons appointed after the pass- ing of the said secondly-recited act, the whole divisible corporate revenues shall from time to time be divided into six shares, and two of such shares shall be paid to the dean, and one of such shares shall be paid to each canon ; and in the mean- time such revenues may be so apportioned by the authority in the said secondly- recited act provided as to afford just shares thereof to the new members of chapter. " XXVI. And be it declared and enacted, that the provisions of the secondly- recited act respecting the augmentations of benefices under the provisions of an act passed in the second year of the reign of his late majesty King William the Fourth intituled, ' An Act to extend the Provisions of an Act passed in the twenty-ninth year of the Reign of His Majesty King Charles the Second, intituled, " An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies," and for other Purposes,' therein recited, do and shall extend and apply to every dean, canon, prebendary, or other dignitary or officer whose revenues are or may be affected by any of the provisions of the said two first-recited acts or either of them, or of this act ; and if for the purpose of more fully carrying into effect the provisions of the said act relative to augmenta- 6 X 2 " Stat. 4 & 5 Vict. c. 39. Consent of patrons, how to be given. 1 & 2 Vict, c. 106, ss. 125 to 128 inclu- sive. 3 & 4 Vict, c. 113, ss. 71 , 72, 73, & 74. Division of corporate revenues at Windsor and Lincoln. 3 & 4 Vict, c. 113, s. 75. Augmentations under 1 & 2 Gul. 4, c. 45, may be made by all corpora- tions sole ; 3 & 4 Vict, c. 113, s. 76. And building land may be 2148 STATUTA VICTORI/E. A.D. 1837—1844. Stat. 4 & 5 tions it shall appear to the said commissioners and to any bishop or chapter to be Vict. c. 39. expedient that any land belonging to such bishop or chapter adjacent to or situate let or sold for within the distance of twenty miles from any city or town should be let or sold for the purpose. purposes of building or other improvement, it shall be lawful for such bishop or chapter, as the case may be, with the consent of the said commissioners under their common seal, to grant any lease or leases of such land for such period or periods and upon such conditions as the said commissioners, having regard to the circum- stances of the case, shall deem just and equitable, or, with the like consent, to convey the said land in fee-simple for such price as shall appear to the said com- missioners to be the full value thereof ; provided that the rent in the former case, or the purchase money in the latter case, after reserving to the bishop or chapter, as the case may be, an annual payment equal to the amount theretofore enjoyed in respect of the land so let or sold, shall be wholly applied to the purposes of the said last-mentioned act, the consent of the said commissioners being in all cases neces- sary to the particular application thereof : provided also, that if it be deemed expedient with a view to the better effecting of such purposes, such rent or pur- chase money, or any part thereof, may, with the like consent, be at any time reinvested in the purchase of land. Commissioners " XXVII. And be it enacted, that it shall be lawful for the ecclesiastical com- may pay agents, missioners for England, out of the revenues accruing to them under the said recited acts respectively or this act, to pay and defray all necessary law charges, and to make any such allowance for costs, charges, expenses, pains, and trouble, as to the said commissioners shall appear just and reasonable, to any person employed by them in receiving or paying any monies accruing to them, or in auditing any accounts relating thereto, or in surveying, valuing, or performing any other duty relating to or connected with the possession or management of any lands, tithes, or other hereditaments vested in them the said commissioners, or relating to or con- nected with any other matter or thing to be done or executed under the auth ■; ity of the said recited acts, or either of them, or of this act. Act not to " XXVIII. (1) And be it enacted, that nothing in this act contained shall, APP\t0 d&int exceP* 88 nerema;fteT specified, extend or apply to the dioceses or cathedral churches Bangor^&p °^ Saint Asaph and Bangor or either of them ; and that an act passed in the sixth 5 & 6 Gul. 4, year of the reign of his late majesty, intituled, ' An Act for protecting the Reve- c. 30. nues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales,' and another 6 & 7 Gul. 4, act passed in the seventh year of the reign of his said late majesty, intituled, 'An c 67. Act for suspending for One Year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories,' and such parts of 2 & 3 Vict. another act passed in the second year of the reign of her present majesty, intituled, ' An Act to suspend until the first day of August, one thousand eight hundred and forty, certain Cathedral and other Ecclesiastical Preferments, and the Operation of the new Arrangement of Dioceses upon the existing Ecclesiastical Courts,' as relate to the two last-mentioned acts, so far only as the same acts and parts of an act apply to the said two last-mentioned dioceses and churches, or either of them, and also the temporary provisions of the first herein-recited act, shall respectively continue and be in force until the first day of August in the year one thousand eight hundred and forty-two, and, if parliament shall be then sitting, until the end of the then session of parliament: provided always, that notwithstanding anything in the same acts, or any or either of them, or in this act contained, it shall be lawful for the Bishop of Bangor for the time being to collate to any vacant canonry, prebend, dignity, or office in the said cathedral church of Bangor not having any estate or endowment belonging thereto; and also that any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitations of bishops and archdeacons in the places assigned to their respective jurisdiction and authority (1) Vide Stat. 5 & 6 Vict. c. 58, s. I. c. 55. STATUTA VICTORLE. A.D. 1837—1844. 2149 under or by virtue of the provisions of the said first or secondly recited act ; and any bishop may consecrate any new church or chapel or any new burial ground within his diocese. " XXIX. And for the purpose of removing all doubts respecting the meaning of the terms • real estates,' ' lands,' and ' lands, tenements, and hereditaments,' be it declared and enacted, that the said terms, wherever they occur, either in the recital or in the enactments of either of the said recited acts, or in any scheme, or any order of her majesty in council, prepared and issued under the authority of those acts or either of them, shall respectively be construed to include and comprehend lands, tithes, tenements, and other hereditaments, except any right of ecclesiastical patronage ; and that the said first-mentioned terms, and also the term * lands, tithes, tenements, or other hereditaments,' in any part of either of the said recited acts or in this act or in any such scheme or order in council contained, shall be construed to apply and extend to lands, tithes, tenements, and other hereditaments, as well in reversion as in possession, and to any leasehold interest therein ; and that the term ' tithes ' in either of the said acts or in this act contained shall extend to and com- prehend rents-charges allotted or assigned in lieu of tithes ; and the ecclesiastical commissioners for England shall, in respect of all lands, tithes, tenements, or other hereditaments, endowments, or emoluments, already vested or liable to be vested in them by or under the provisions of either of the said acts or of this act, be deemed to be the owners or joint owners thereof respectively, as the case may be, for all the purposes of an act passed in the seventh year of the reign of his late majesty King William the Fourth, intituled, * An Act for the Commutation of Tithes in England and Wales,' and of the several acts to explain and amend the same. " XXX. And be it enacted, that all the powers and authorities vested in her majesty in council and in the ecclesiastical commissioners for England by the two first-recited acts or either of them with reference to the matters therein respectively contained, and all other the provisions of the secondly-recited act relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued, and extended and apply to her majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively with reference to all matters contained in this act, as fully and effectually as if the said powers, authorities, and other provisions were repeated in this act ; and that so much of the said secondly-recited act as enacts that the said first-recited act and the said secondly-recited act shall be construed as if they were one, and the same act shall be repealed. " XXXI. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament." Stat. 4 & 5 Vict. c. 39. Construction of the terms " lands," &c. Provisions of Tithe Commu- tation Acts extended to commissioners. 6 & 7 Gul. 4, c. 71. Powers of 6 & 7 Gul. 4, c. 77, and 3 & 4 Vict, c. 113, ex- tended to this act. Act may be amended this XCIII. Stat. 4 & 5 Victoria, cap. xl. A.D. 1841. "An Act for ascertaining and defining the Glebe Land of the Rector of Abington, alias Abingdon, in the County of Northampton, and for building a Parsonage House for such Rector" Stat. 4 & 5 Vict. cap. xl. XCIV. Stat. 4 & 5 Victoria, c. 42. A.D. 1841. "An Act to remove Doubts as to the Division of the Parish of Winterbourne, in the County of Gloucester, into two Parishes" Stat. 4 & 5 Vict. c. 42. XCV. Stat. 4 & 5 Victoria, cap. xliii. A.D. 1841. "An Act for effecting an Exchange between the Mayor, Aldermen, and Burgesses of the Borough of Great Yarmouth, in the County of Norfolk, and the Trustees of a Charity in the said Borough called 4 The Children's Hospital? " Stat. 4 & 5 Vict. cap. xliii. XCVI. Stat. 4 & 5 Victoria, cap. xlv. A.D. 1841 . "An Act to enable the Trustees of the Oldbury Charity to grant Building Leases.''1 Stat. 4 & 5 Vict. cap. xlv. 2150 STATUTA VICTORIA. A.D. 1837—1844. Stat. 4 & 5 XCVII. Stat. 4 & 5 Victoria, cap. xlvii. A.D. 1841. Vict, cqv xjvii ' "An Act to enable the Trustees of the Chapelry of Smethwick, in the County Stafford, to demise Coal and other Mines, and to grant Building Leases." Stat. 4 & 5 XCVIII. Stat. 4 & 5 Victoria, cap. lxiii. A.D. 1841. "VlCT CAP "An Act to establish a General Cemetery for the Interment of the Dead in the Parishes of Saint Dunstan Stepney, and Saint Leonard Bromley, in the County of Middlesex.''* LXIII. Stat. 5 Vict. XCIX. Stat. 5 Victoria, c. 6(1). A.D. 1841. "An Act to amend an Act made in the twenty-sixth year of the Reign of His Majesty King George the Third, intituled, An Act to empower the Archbishop of Canterbury or the Archbishop of York for the time being, to consecrate to the the Office of a Bishop Persons being Subjects or Citizens of Countries out of His Majesty' 's Dominions." 26 Geo. 3, c. 84. "Whereas in and by an act passed in the twenty-sixth year of the reign of his late majesty King George the Third, intituled, ' An Act to empower the Arch- (1) " In the year 1841, the appointment of a bishop for Jerusalem was proposed by his majesty the King of Prussia, by a special mission to the Queen of England, and a par- ticular communication to the Archbishop of Canterbury. His majesty had in view the conversion of the Jews, and also the spiritual care of such of his own subjects in Palestine, who might wish to join themselves to the church so formed in Jerusalem. His ma- jesty undertook to make at once the muni- ficent donation of fifteen thousand pounds towards that object, the annual interest of which, amounting to six hundred pounds, is to be paid yearly in advance, till the capital sum, (together with that which is to be raised by subscription for the purpose of completing the bishop's annual income of twelve hundred pounds,) can be advan- tageously invested in land situate in Pales- tine. "The Bishop of the United Church of Eng- land and Ireland at Jerusalem is to be no- minated alternately by the crowns of England and Prussia, the archbishop having the abso- lute right of veto with respect to those no- minated by the Prussian crown. " The bishop will be subject to the Arch- bishop of Canterbury as his metropolitan, until the local circumstances of his bishopric shall be such as to make it expedient, in the opinion of the bishops of that united church, to establish some other relation. " His spiritual jurisdiction will extend over the English clergy and congregations, and over those who may join his church, and place themselves under his episcopal autho- rity in Palestine, and, for the present, in the rest of Syria, in Chaldea, Egypt, and Abys- sinia; such jurisdiction being exercised, as nearly as may be, according to the laws, canons, and customs of the church of Eng- land; the bishop having power to frame, with the consent of the metropolitan, parti- cular rules and orders for the peculiar wants of his people. "A college is to be established at Jerusalem, under the bishop, whose chaplain will be its first principal. Its primary object will be the education of Jewish converts; but the bishop will be authorized to receive into it Druses and other Gentile converts ; and if the funds of the college should be sufficient, oriental Christians may be admitted; but clerical members of the orthodox Greek church will be received into the college, only with the express consent of their spiritual superiors and for a subsidiary purpose. The religious instruction given in the college will be in strict conformity with the doctrines of the united church of England and Ireland, and under the superintendence and direction of the bishop. " Congregations, consisting of protestants of the German tongue, residing within the limits of the bishop's jurisdiction, and willing to submit to it, will be under the care of German clergymen ordained by him for that purpose, who will officiate in the German language, according to the forms of their national liturgy, compiled from the ancient liturgies, agreeing in all points of doctrine with the liturgy of the English church, and sanctioned by the bishop, with consent of the metropolitan, for the special use of those con- gregations; such liturgy to be used in the German language only. Germans intended for the charge of such congregations are to be ordained according to the ritual of the English church, and to sign the articles of that church : and in order that they may not be disqualified by the laws of Germany from officiating to German congregations, they are, before ordination, to exhibit to the bishop a certificate of their having sub- scribed, before some competent authority, the Confession of Augsburg. "The rite of confirmation will be admini- stered by the bishop to the catechumens of the German congregations, according to the form used in the English church." 1 Burn's E. L. by Phillimore, 415ccccc. The licence for consecration was as fol- lows : — " Victoria, by the grace of God queen STATUTA VICTORIA. A.D. 1837-1844. 2151 bishop of Canterbury or the Archbishop of York for the time being to consecrate Stat. 5 Vict. to the Office of a Bishop Persons being Subjects or Citizens of Countries out of c- 6- His Majesty's Dominions,' after reciting that 'there are divers persons, subjects or citizens of countries out of his majesty's dominions, and inhabiting and residing within the said countries, who profess the public worship of Almighty God according to the principles of the church of England, and who, in order to provide a regular succession of ministers for the service of their church, are desirous of having certain of the subjects or citizens of those countries consecrated bishops according to the form of consecration of the church of England,' it is amongst other things enacted, that from and after the passing of the said act it should and might be lawful to and for the Archbishop of Canterbury or for the Archbishop of York for the time being, together with such other bishops as they should call to their assistance, to consecrate persons being subjects or citizens of countries out of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &e. &c. &c. To the most reverend Father in God, Wil- liam, by Divine Providence Lord Archbishop of Canterbury, primate of all England and metropolitan, greeting. Whereas, by an act passed in the fifth of our reign, intituled, * An Act to amend an Act made in the twenty-sixth year of the Reign of His Ma- jesty King George the Third, intituled, "An Act to empower the Archbishop of Canter- bury or the Archbishop of York for the time being to consecrate to the Office of a Bishop Persons being Subjects or Citizens of Coun- tries out of His Majesty's Dominions,"' it was, amongst other things, enacted, that it should and might be lawful for the Arch- bishop of Canterbury or the Archbishop of York for the time being, together with such other bishops as they should call to their assistance, to consecrate British subjects, or the subjects or citizens of any foreign king- dom or state, to be bishops in any foreign country, whether such foreign subjects or citizens be or be not subjects or citizens of the country in which they are to act, and without the queen's licence for their election, or the royal mandate under the great seal for their confirmation and conse- cration, and without requiring such of them as may be subjects or citizens of any foreign kingdom or state to take the oaths of alle- giance and supremacy and the oath of due obedience to the archbishop for the time being. "And whereas it is by the said act further enacted, that such bishop or bishops so con- secrated may exercise, within such limits as may from time to time be assigned for that purpose in such foreign countries by us, spi- ritual jurisdiction over the ministers of Bri- tish congregations of the united church of England and Ireland, and over such other protestant congregations as may be desirous of placing themselves under his or their authority. "And whereas it is by the said act pro- vided, that no person should be consecrated a bishop in the manner therein provided until the Archbishop of Canterbury or the Arch- bishop of York for the time being should have first applied for and should have ob- tained our licence, by warrant under the royal signet and sign manual, authorizing and empowering him to perform such conse- cration, and expressing the name of the per- son so to be consecrated, nor until the said archbishop has been fully ascertained of the sufficiency of such person in good learning- of the soundness of his faith, and of the pur rity of his manners. "And whereas you, the said William, Archbishop of Canterbury, have humbly applied to us for our licence, by warrant under our royal signet and sign manual, authorizing and empowering you to conse- crate the Reverend Michael Solomon Alex- ander (clerk), a British subject, to be bishop of the united church of England and Ire- land in Jerusalem, you having certified to us that you had fully ascertained the sufficiency of the said Michael Solomon Alexander in good learning, the soundness of his faith, and the purity of his manners, and praying that we would be graciously pleased to assign Syria, Chaldea, Egypt, and Abyssinia, as the limit within which the said Michael Solomon Alexander might exercise spiritual jurisdic- tion over the ministers of British congrega- tions of the united church of England and Ireland, and over such other protestant con- gregations as may be desirous of placing themselves under his authority, subject to such alterations in respect to the limits of the jurisdiction so to be exercised as may hereafter be made by our authority. "Now it is our royal will and pleasure, and we do, by this our licence under our royal signet and sign manual, authorize and empower you, the said archbishop, to conse- crate the said Michael Solomon Alexander to be bishop of the united church of England and Ireland in Jerusalem. And we are gra- ciously pleased to assign Syria, Chaldea, Egypt, and Abyssinia, as the limit within which the said Michael Solomon Alexander may exercise spiritual jurisdiction pursuant to the said act, subject nevertheless to such alterations in the said limit as we from time to time may be pleased to assign. " Given at our court at Buckingham Pa- lace, the sixth day of November, 1841. in the fifth year of our reign. " By her majesty's command, "Aberdeen." The following tables, for which the Editor is indebted to the Secretary of the Society for the Propagation of the Gospel in Foreign Parts, will afford statistical information re- specting the amount of population over 2152 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 Vict. c. 6. Archbishops of Canterbury and York may consecrate British sub- jects or fo- reigners to be bishops in fo- reign countries, without the royal licence for election, &c. of his majesty's dominions bishops for the purposes in the said act mentioned, without the king's licence for their election, or the royal mandate under the great seal for their confirmation and consecration, and without requiring them to take the oaths of allegiance and supremacy, and the oath of due obedience to the arch- bishop for the time being: and whereas it is expedient to enlarge the powers given by the said act; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful to and for the Archbishop of Canterbury or the Archbishop of York for the time being, together with such other bishops as they shall call to their assistance, to consecrate British subjects, or the subjects or citizens of any foreign kingdom or state, to be bishops in any foreign country, whether such foreign subjects or citizens be or be not subjects or citizens of the country in which they are to act, and without the queen's licence for their elec- tion, or the royal mandate under the great seal for their confirmation and consecra- tion, and without requiring such of them as may be subjects or citizens of any whom clergymen are employe ! in inculcating the doctrines of the Anglican church in foreign parts the country — the area in square miles — and likewise a general state- ment of the number of persons unconverted to Christianity, &c. &c. Country. Area in Square Miles Population. Clergy of the Church oi' England. Canada, East Canada, West Hudson's Bay New Brunswick Nova Scotia Prince Edward's Island Cape Breton Newfoundland Bermudas West India Islands British Guiana Honduras West (Coast of) Africa... Cape of Good Hope Mauritius and Seychelles Bengal Madras Bombay Ceylon Hong Kong, China Australia Van Diemen's Land New Zealand Gibraltar and Malta 200,000 100,000 370,000 27,000 15,000 2,131 35,000 30,000 22 15,000 100,000 62,750 558 110,256 788 348,000 122,000 128,000 24,000 40 450,000 24,000 95,000 96 678,000 500,000 103,000 156,000 173,000 47,000 5,000 75,000 10,000 800,000 102,000 10,000 52,000 160,000 175,000 70,000,000 15,000,000 8,000,000 1,421,000 15,000 150,000 50,000 110,000 120,000 74 102 4 29 40 6 4 27 9 163 23 2 12 10 4 80 78 30 22 2 54 22 18 Population of British colonial dominions 97,770,000 Number of colonial bishoprics (1845) 17 Number of clergy of the church of England 819 Of these 819 clergy, 327 (with between 300 and 400 catechists and schoolmasters) are maintained in whole, or in part, by the Society for the Propagation of the Gospel in Foreign Parts. Christians 260,000,000 Jews 4,000,000 Mahometans 96,000,000 Idolaters of ail sorts 500,000,000 Total population of the world 860,000,000 STATUTA VICTORIA. A.D. 1837—1844. 2153 foreign kingdom or state to take the oaths of allegiance and supremacy, and the oath of due obedience to the archbishop for the time being. " II. And be it further enacted, that such bishop or bishops so consecrated may exercise, within such limits as may from time to time be assigned for that purpose in such foreign countries by her majesty, spiritual jurisdiction over the ministers of British congregations of the united church of England and Ireland, and over such other protestant congregations as may be desirous of placing them- selves under his or their authority. " III. Provided always, that no person shall be consecrated a bishop in the manner herein provided until the Archbishop of Canterbury or the Archbishop of York for the time being shall have first applied for and shall have obtained her majesty's licence, by warrant under her royal signet and sign manual, authorizing and empowering him to perform such consecration, and expressing the name of the person so to be consecrated, nor until the said archbishop has been fully ascertained of the sufficiency of such person in good learning, of the soundness of his faith, and of the purity of his manners. " IV. Provided always, and be it hereby declared, that no person consecrated to the office of a bishop in the manner aforesaid, nor any person deriving his con- secration from or under any bishop so consecrated, nor any person admitted to the order of deacon or priest by any bishop or bishops so consecrated, or by the suc- cessor or successors of any bishop or bishops so consecrated, shall be thereby enabled to exercise his office within her majesty's dominions in England or Ireland, otherwise than according to the provisions of an act of the third and fourth years of her present majesty, intituled, ' An Act to make certain Provisions and Regula- tions in respect to the Exercise within England and Ireland of their Office by the Bishops and Clergy of the Protestant Episcopal Church in Scotland ; and also to extend such Provisions and Regulations to the Bishops and Clergy of the Pro- testant Episcopal Church in the United States of America ; and also to make fur- ther Regulations in respect to Bishops and Clergy other than those of the United Church of England and Ireland.' " V. Provided always, and be it further enacted, that the archbishop who so consecrates shall give to the person consecrated a certificate under his hand and seal, containing the name of the country whereof he is a subject or citizen, and the name of the church in which he is appointed bishop ; and in case of such person being the subject or citizen of any foreign kingdom or state, then such cer- tificate shall further mention, that he has not taken the said oaths, he being exempted by virtue of this act from taking them. " VI. Provided always, and be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament.,, Stat. 5 Vict. c. 6. Spiritual jurisdiction of such bishops. Archbishops to obtain her ma- jesty's licence for consecra- tion, and to ascertain the fitness of per- sons to be consecrated. Such bishops, and the per- sons conse- crated or or- dainedbythem, not to act within England or Ireland, otherwise than according to 3 & 4 Vict, c. 33. Archbishop to give a certifi- cate of conse- cration. Act may be amended this session. C. Stat. 5 & 6 Victoria, c. 4. A.D. 1842. Stat. 5 & 6 "An Act to provide for the Increase of the Number of Bishoprics and Archdeaconries VlCT- c- 4* in the West Indies, and to amend the several Acts relating thereto." " Whereas an act was passed in the sixth year of the reign of his late majesty, 6 Geo. 4, c. 88. King George the Fourth, intituled, 4 An Act to make Provision for the Salaries of certain Bishops and other Ecclesiastical Dignitaries and Ministers in the Diocese of Jamaica, and in the Diocese of Barbadoes and the Leeward Islands ; and to enable His Majesty to grant Annuities to such Bishops upon the Resignation of their Offices,' whereby it was amongst other things enacted, that the persons who should from time to time exercise and enjoy the several dignities and offices thereinafter mentioned, under or by virtue of his said late majesty's letters patent or authority, should receive the several salaries or annual sums thereinafter respectively specified and set forth ; that is to say, the bishop of the diocese of Jamaica and the bishop of the diocese of Barbadoes and the Leeward Islands in the West Indies, the salary or annual sum of four thousand pounds each of lawful money of the United Kingdom of Great Britain and Ireland ; the archdeacon of the island of Jamaica, and the archdeacon of the island of Barbadoes, and the archdeacon of the island of 2154 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 4. Her majesty empowered, by letters patent, to erect three dioceses within the territorial limits of the dioceses of Jamaica and Barbadoes. Antigua, the salary or annual sum of two thousand pounds each of the like lawful money ; the seven ministers of the gospel in the diocese of Jamaica, and the thir- teen ministers of the gospel in the diocese of Barbadoes and the Leeward Islands, the salary or annual sum of three hundred pounds of the like lawful money ; the three catechists in the said diocese of Barbadoes and the Leeward Islands, the salary or annual sum of one hundred pounds each of the like lawful money ; and that all the said several salaries and annual sums should be paid and payable free and clear from all taxes and deductions whatsoever ; and it was by the said recited act further enacted, that it should and might be lawful for the commissioners of his majesty's Treasury of the United Kingdom for the time being, or any three or more of them, and they were thereby authorized and required, from time to time, by wan-ant or warrants under their hands, to direct the proper officer of the Exche- quer to issue and pay, out of the growing produce of the consolidated fund of the United Kingdom of Great Britain and Ireland, to such person or persons as might be appointed to receive the same, all and every such sum and sums of money as might from time to time be necessary for the payment of all or any of the several salaries or annual sums made payable by the said recited act, which might have accrued respectively at any time before the passing of the said recited act, or which might from time to time accrue and become due and payable at any time after the passing of the said recited act : and whereas another act was passed in the seventh year of the reign of his said late majesty to amend the said recited act, by which act of the seventh year of his said late majesty's reign so much of the said first- recited act as enacted that there should be seven ministers in the diocese of Jamaica, and thirteen ministers and three catechists in the diocese of Barbadoes, with certain salaries therein specified, was repealed ; and it was further enacted, that it should and might be lawful for the commissioners of his majesty's Treasury of the United Kingdom for the time being, or any three or more of them, and they were thereby authorized and required, from time to time, by warrant or warrants under their hands, to direct the proper officer of the Ex hequer to issue and pay, out of the growing produce of the consolidated fund of the United Kingdom of Great Britain and Ireland, to such person or persons as might be appointed to receive the same, any sum or sums of money not exceeding the sum of six thousand three hundred pounds per annum, to commence and be computed from the fifth day of April, one thousand eight hundred and twenty-four, for the salaries of ministers, catechists, and schoolmasters in the dioceses of Jamaica and Barbadoes and the Leeward Islands, and to be distributed among such ministers, catechists, and schoolmasters, in salaries or otherwise, as the bishops of the respective dioceses, with the approba- tion of the commissioners of the Treasury, or of his majesty's secretary of state, should appoint, and so that the sum to be paid to the ministers, catechists, and schoolmasters, in pursuance of the said recited acts should not exceed two thousand one hundred pounds per annum for the diocese of Jamaica, and four thousand two hundred pounds per annum for the diocese of Barbadoes and the Leeward Islands, and that no minister should have a salary exceeding three hundred pounds per annum, as authorized by the said first-recited act : and whereas it may be expe- dient that the several colonies and territories comprised within the said dioceses of Jamaica and Barbadoes should be divided into a greater number of dioceses and archdeaconries than are mentioned in the said recited acts, and that the annual payment so charged as aforesaid on the growing produce of the consolidated fund should be apportioned to the maintenance of the bishops and archdeacons of such new dioceses and archdeaconries, and of the ministers, catechists, and schoolmasters within the same : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that it shall be lawful for her majesty from time to time, by letters patent under the great seal of the United Kingdom, to establish within the territorial limits of the existing dioceses of Jamaica and Barbadoes three or more dioceses, with such and so many archdeaconries within each diocese as to her majesty shall seem meet, and for that purpose to revoke the letters patent under the great seal aforesaid under which the STATUTA VICTORIES. A.D. 1837—1844. 2155 existing dioceses of Barbadoes and Jamaica, and the existing archdeaconries within Stat. 5 & 6 the same respectively, have been established : provided always, that no such letters Vict. c. 4. patent, if issued during the life and incumbency of any such bishop, shall take and to revoke effect or be of any force or authority within his diocese, unless he shall first, by a the existing notarial act under his hand and the public seal of his diocese, to be deposited in the letters patent, registry thereof, have declared his consent to the operation, during his own incum- bency, within his diocese, of any such letters patent. " II. And be it enacted, that it shall be lawful for her majesty, by any such Her majesty letters patent as aforesaid, from time to time to make any such new apportionment empowered to and appropriation as to her majesty shall seem fit, among such new bishops and direct appor- archdeacons, of the sums of money which by virtue of the said recited acts are ^j^1™^ °f payable out of the growing produce of the consolidated fund as the salaries of the m0ney granted bishops and archdeacons therein mentioned ; and that it shall be lawful for her for salaries of majesty, in manner aforesaid, to apportion and appropriate so much of the total the bishops amount of such sums of money as to her majesty shall seem fit for the maintenance cons^f the said of such new bishops as aforesaid, and so much thereof as to her majesty shall dioceses, seem fit to the maintenance of such new archdeacons as aforesaid, without reference to, and without the observance of, the proportions in which the said sums of money are by the said recited acts apportioned for the maintenance of bishops and arch- deacons respectively : provided that nothing herein contained shall authorize any diminution, during the life and incumbency of any bishop or archdeacon, of any salary to which he is or shall be by law entitled. " III. And be it enacted, that it shall be lawful for her majesty, by any such Bishops ot letters patent as aforesaid, from time to time to assign to the respective bishops dioceses to of such future dioceses as aforesaid the power of distributing: anions; the minis- aPPot*ti°n salaries of ters, catechists, and schoolmasters, of their respective dioceses, with the appro- mjnisters bation of the commissioners of her majesty's Treasury, or of one of her majesty's catechists', principal secretaries of state, the sum of six thousand three hundred pounds per and school- annum in the said recited act mentioned, in such proportion as her majesty masters- shall see fit to apportion that sum between the said future dioceses : provided always, that nothing herein contained shall authorize any diminution, during the life and incumbency of any minister, catechist, or schoolmaster, of any salarv to which he is or shall be by law entitled. " IV. And be it enacted, that it shall and may be lawful for the commissioners Commissioners of her majesty's Treasury for the time being, or any three or more of them, and of the Treasury they are hereby authorized and required, from time to time, by warrant or t0 direct issue warrants under their hands, to direct the proper officer of the exchequer to issue nec^a^ for and pay, out of the growing produce of the consolidated fund of the United King- salaries^f ^ dom of Great Britain and Ireland, to such person or persons as may be appointed bishops, &c. to receive the same, the several annual salaries or sums of money before men- tioned, according to such new apportionment and appropriation thereof as, in pursuance of this present act, shall from time to time be made by her majesty by any such letters patent as aforesaid. " V. And whereas by the said first-recited act his said late majesty, his heirs Repeal of pro- and successors, were authorized to give and grant to any person who should vision in re- execute the office of bishop of either of the dioceses therein mentioned, and who cited act as to should resign the same respectively, certain annuities or pensions ; and it is expe- Pe"sions of dient that, subject to the exception hereinafter contained, the said provision 1S °PS' should be repealed ; be it therefore enacted, that so much of the said recited act of the sixth year of the reign of his late majesty King George the Fourth as empowered his said late majesty, his heirs and successors, to grant annuities or pensions on the resignation of the dioceses therein mentioned shall be and the same is hereby repealed, save and except only so far as respects the respective Exception bishops of the said dioceses of Jamaica and Barbadoes who had been appointed to the same respectively before the making of this present act. "VI. And be it enacted, that this act may be repealed or amended during this Amendment of present session of parliament." act. 2156 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 CI. Stat. 5 & 6 Victoria, cap. x. A.D. 1842. Vict. cap. x. j^ct j-Qr prohibiting Burying and Funeral Service in a Church or Chapel in the Parish of Saint Pancras, in the County of Middlesex, erected on the Estate of the Duke of Bedford." Stat. 5 & 6 CII. Stat. 5 & 6 Victoria, cap. xi. A.D. 1842. Vict. cap. xi. "An Act to enable the Trustees of Estates held upon Charitable Trusts under the Will of Sir John Cass, Knight, deceased, to make Sale of Part of the said Estates." Stat. 5 & 6 CM. Stat. 5 & 6 Victoria, cap. xii. A.D. 1842. Vict# Qo/p » xii* r' ' "An Act to enable the Governors of the Hospital of King James founded in Charterhouse, to endow the Perpetual Curacy of Hartland, in the County of Devon, with a fixed Provision out of the Tithes of the Rectory of Hartland aforesaid, in substitution of their present Obligation, and to sell the Bight of Presentation to the said Curacy, and the said Rectory and Tithes, and also certain Lands at Hartland aforesaid, and to invest the Monies arising from such Sales in the Purchase of other Lands for the Benefit of the said Hospital." Stat. 5 & 6 CIV. Stat. 5 & 6 Victoria, c. 18. A.D. 1842. Vict. c. 18. "An Act to explain and amend the Acts for regulating the Sale of Parish Pro- perty, arid to make further Provision for the Discharge of Debts, Liabilities and Engagements, incurred by or on behalf of Parishes." "II Provided always, that nothing in this act shall be deemed to render valid or to authorize the sale, exchange, letting, or other disposition of any property whatsoever, which shall have been given or bequeathed by way of charitable dona- tion, or shall have been allotted in right of some charitable donation or otherwise, for the poor persons of any parish, and not for the general benefit of the rate payers, parishioners, or inhabitants of such parish, nor to dispense with the consent of the rate payers and owners of property required by the said last-recited act [Stat. 5 & 6 Gul. 4, c. 69, s. 3,] to all sales, exchanges, lettings, or other dispositions of property belonging to any parish, except in the case next hereinafter provided." Stat. 5 & 6 CV. Stat. 5 & 6 Victoria, cap. xviii. A.D. 1842. "Vict cclx) "An Act for empowering the Trustees of Brewood Grammar School, in the County of Stafford, to make Sales and to grant Mining Leases of certain Parts of the Estates belonging to tlie said School; and for other Purposes therein men- tioned." Stat. 5 & 6 CVI. Stat. 5 & 6 Victoria, cap. xix. A.D. 1842. "Vict* cop* xix* "An Act for enabling the Dean and Chapter of the Cathedral and Metropolitical Church of Saint Peter of York, to raise Money for the Discharge of Debts, and for effecting the Restoration and Repair of the said Cathedral CJiurch." Stat. 5 & 6 CVII. Stat. 5 & 6 Victoria, c. 26. A.D. 1842. Vict, c 26 "An Act to alter and amend the Law relating to Ecclesiastical Houses of Residence." " Whereas it is expedient to alter and amend the law relating to ecclesiastical houses of residence (1) : be it enacted by the queen's most exellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that whenever (1) Houses of residence: — England and Ireland; for providing churchyards and)^ ^ c J08. glebes ) ' }e & I Amended by 51 Geo. 3, c. 115. J xvm. STAT UTA VICTORIA. A.D. 1837—1844. 2157 it shall appear to be expedient to relieve any bishop having more episcopal houses of residence than one from any of such houses, or to provide any bishop with a more convenient house of residence, or to add to, alter, improve, or take down and rebuild any episcopal house of residence, or to improve the demesnes thereof, it shall be lawful, by the authority provided in an act passed in the session of parliament held in the sixth and seventh years of the reign of his late majesty, intituled, ' An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage,' with the consent under the hand and episcopal seal of the bishop, to make such arrangements as may by such authority be deemed most expedient, for selling and conveying, to such person or body corporate, and for such consideration as may be approved by the like authority, any episcopal house of residence then belonging to the see of such bishop, or for taking down the same or any part thereof, and selling the site or the materials thereof, (as the circum- stances may render expedient,) or for adding to, altering, improving, or taking down and rebuilding any episcopal house of residence, or for improving the demesnes adjoining to any such house by the purchase of any land, tenement, or hereditament in the immediate neigbourhood or within the view thereof, or for building a new episcopal house of residence for any see on any site to be approved by the like authority, and for applying the proceeds of any such sale as aforesaid, or any part thereof, to any of such purposes, or to any such other purposes, and in such manner as shall appear to be most conducive to the permanent benefit of the see ; and that so much of the said act as relates to the providing of any bishop with a more suitable and convenient residence shall be extended so as to include and apply to any of the purposes of this act. Stat. 5 & 6 Vict. c. 26. Episcopal house may in certain cases be taken down and sold, or may be rebuilt or altered. 6 & 7 Gul. 4, c. 77. Provisions of 6 & 7 Gul. 4, c. 77, s. 1, made applica- ble thereto. England; spiritual persons enabled to exchange parsonage) houses and glebe lands J 56 Amended by < „ rendering acts more effectual for promoting residence by providing houses, &c. for benefices J 2 3 . 5 Ireland; commissioners of first-fruits enabled to lendj.o money, interest free, for providing glebe > ^ houses and lands J f 3 Repealed, and other provisions made by{ 4 t 6 50,000/. granted for building glebe houses) pursuant to 43 Geo. 3, c. 106 / Amended by 47 more effectually providing for the building and rebuilding of glebe houses, &c. and for the purchase of glebe lands, glebe houses, and impropriations J Amended by 49 f 3 Repealed, and other provisions made by{ 4 ( 6 Geo. 3, c. 147 Geo. 3, c. 52. Geo. 4, c. 6. Geo. 4, c. 8. Geo. 4, c. 66. Geo. 4, c. 89. Geo. 4, c. 66. & 2 Vict. cc. 23 & 29. & 2 Vict. c. 106. &3 Vict. c. 49, ss. 14,17. & 4 Vict. c. 113. & 6 Vict. c. 26. Geo. 3, c. 106. Geo. 4, c. 86. & 4 Gul. 4, c. 37. & 5 Gul. 4, c. 90. & 7 Gul. 4, c. 99, Geo. 3, c. 158. Geo. 3, sess. 2, c. 23. 48 Geo. 3, c. 65. Geo. 3, c. 103. & 4 Gul. 4, c. 37. & 5 Gul. 4, c. 90. & 7 Gul. 4, c. 99. empowering rectors and vicars to grant glebe) p „ 117 land for sites for churches and churchyards) C- spiritual persons enabled to exchange parsonage ] houses and glebe lands under 55 Geo. 3, > 4 Geo. 4, c. 86. c. 147 J Amended by 5 7 Repealed, and other provisions made by i 1 6 Geo. 4, c. 8. Geo. 4, c. 72. & 4 Gul. 4, c. 37. & 5 Gul. 4, c. 90. & 7 Gul. 4, c. 99. > I. 2158 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 26. Commissioners to state their reasons for the alteration. Repeal of 2 & 3 Vict, c. 18, except as to subsisting mortgages. Deficiency in bishop's in- come may be supplied. Chapters, deans, and canons may purchase, and alter, take down, or re- build. Provisions of 3 & 4 Vict, c. 113, s. 59, made applica- ble thereto. Episcopal house may be made the deanery or a canonical house. Provisions of 4 & 5 Vict, c. 39, s. 18, respecting disposal of canonical houses, to apply to all such houses. " II. Provided always, and be it enacted, that in any scheme which shall be laid before her majesty in council by the ecclesiastical commissioners for England under this act, recommending any arrangement for taking down or selling any episcopal residence, or changing the site thereof, the said commissioners shall set forth particularly the grounds and reasons upon which they deem it expedient to offer such recommendation. " III. And be it enacted, that an act passed in the session of parliament held in the second and third years of her majesty's reign, intituled, ' An Act to enable Archbishops and Bishops to raise Money on Mortgage of their Sees, for the purpose of building and otherwise providing fit Houses for their Residence,' shall be repealed ; provided that nothing herein contained shall affect any subsisting mort- gage made under the provisions thereof, but that every such mortgage, and all proceedings completed and in progress in respect thereof, shall be as valid and effectual, and all the parties to such mortgage or to any such proceeding shall con- tinue subject to the same conditions and provisions as if the said act had not been repealed. " IV. And be it enacted, that in case such a deficiency shall have been or would be created in the average annual income of any bishop appointed after the passing of the said first-recited act, by the effecting of any mortgage or other arrangement under either of the said acts or this act, as to reduce it below the average annual income of such bishop named in the first-recited act, or in any order of her majesty in council issued under the provisions thereof, it shall be lawful, by the authority aforesaid, out of any monies from time to time standing to the credit and account of the ecclesiastical commissioners for England, being part of payments from the larger sees respectively towards the augmentation of the incomes of the bishops of the smaller sees, if it shall he deemed fit, and if such monies, after duly considering all the claims thereon, shall appear to be sufficient for such purpose, to make any arrangement for supplying or preventing such deficiency or any part thereof which by the like authority shall be deemed expedient. " V. And be it enacted, that it shall be lawful for the dean and chapter, or for the dean, or for any canon of any cathedral church, under the authority aforesaid, to purchase any episcopal house of residence sold under the provisions of this act, or the site of any such house, or any other house or site, being contiguous or near to such cathedral church, or any part of such house or site, and to add to, alter, or improve any such house, or to take down the same, and to build another house or more houses than one upon the site thereof, or to apply the site of any such house, or any part thereof, by and with the authority aforesaid, to the improvement of the cathedral or the precincts thereof; and that so much of an act passed in the session of parliament held in the third and fourth years of her majesty's reign, intituled ' An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' as relates to the raising of monies by any dean or canon for the purpose of building, enlarging, or otherwise improving the residence house of his deanery or canonry, shall be extended so as to make lawful the raising of monies, in the manner and with the authority therein provided, by any dean and chapter, dean or canon, for any purpose of this act. " VI. And be it enacted, that any house so purchased by the dean and chapter, dean or canon of any cathedral church, or any house erected upon any site so pur- chased, may by the authority aforesaid, and with the consent of the dean and chapter, be made the deanery, or the house of residence for any canon of such church ; and the house theretofore occupied as the deanery, or any house no longer required as the house of residence of any canon, may be so applied or disposed of as may by the same authority and with the like consent be determined on. " VII. And be it declared and enacted, that the provisions of an act passed in the session of parliament held in the fourth and fifth years of her majesty's reign, intituled, ( An Act to explain and amend two several Acts relating to the Ecclesias- tical Commissioners for England,' respecting the disposal of houses no longer required by any canon, do and shall apply to all such houses, whether there may have been any exchange of such houses or not. STATUTA VICTORLE. A.D. 18:37—1844. 2159 " VIII. And he it declared and enacted, that the provisions of the thirdly- recited act, relating to the sale and application of any sum of money invested in trust for any ecclesiastical body corporate, do and shall include and apply to all monies and securities for money, and to all stock in the government funds or else- where, standing in the name of the accountant-general of the court of Chancery, or in the name or names of any other public officer, or of any individual or indivi- duals, for or to the credit or for the benefit of or in trust for any bishop, dean and chapter, dean or canon, whether for the purpose of being laid out in land or other- wise ; and that the same provisions, and also the provisions of the same act relating to the sale, transfer, or exchange of any lands or other hereditaments belonging to any bishop or chapter, shall extend and may be applied to any of the purposes of this act. "IX. And be it enacted, that whenever any house of residence to be sold or taken down as aforesaid shall contain any pictures, books, or other goods and chat- tels belonging to the owner of such house in right of his dignity, and not in his private capacity, directions shall be given by the authority aforesaid for the sale of such fixtures and articles of furniture as shall be deemed to be unfit for removal to the new or other house of residence, and for the application of the money arising from such sale to purposes consistent, as nearly as may be, with the source from whence the money shall have arisen, and also for the removal to such new or other house of residence of all such pictures and books, and of all such other fixtures, goods, and chattels, as shall be deemed to be fit for removal thereto, and for the deposit and care of them thereat, in conformity, as nearly as may be, with the uses to which they were previously applicable respectively. " X. And be it enacted, that in every case of a house of residence purchased, built, rebuilt, added to, altered, or improved under the authority of the first-recited act or of this act, or the provisions of the secondly-recited act, all fixtures, fittings, and other articles in such house which shall have been or shall be paid for out of any monies provided or raised under such authority or such provisions, and which shall be set forth in an inventory in writing, certified under the common seal of the said commissioners, and registered in the registry of the diocese, shall be deemed to be, to all intents and for all purposes, as much part and parcel of the freehold of such house of residence as any fixtures can in any case now by law be held to be part and parcel of the freehold. " XI. And be it enacted, that it shall be lawful, by the authority aforesaid, to direct that any house of residence purchased, built, rebuilt, added to, altered, or improved under the provisions of the said recited acts or either of them, or of this act, shall be insured and kept insured by the bishop, dean, or canon for the time being in the occupation thereof, at his own personal charge and expense, in such public office or offices of assurance from loss or damage by fire, and in such sum or sums, as by the like authority may be deemed fit, and such house shall be insured and kept insured accordingly ; and that the receipt for every premium payable for any such insurance shall be delivered to the said commissioners within fourteen days after such premium shall become due ; and that in case of loss or damage by fire to any such house so insured, it shall be lawful, by the like authority, to direct in what manner the money received under any such insurance shall be deposited, in trust to be applied towards the rebuilding or repairing and the reinstating of such house, or of any such part thereof as may have so suffered loss or damage, and also to direct in what manner the same money, and the interest and accumulations thereof, if any, shall be applied to such last-mentioned purposes. " XII. And be it enacted, that it shall be lawful for any corporation, aggregate or sole, tenant for life or in tail, guardian, committee, or trustee, on behalf of their or his successors, heirs, remaindermen, issue in tail, infants, lunatics, and cestuique trusts respectively, and for any feme covert, to contract for, sell, and convey any lands, tenements, or hereditaments, or if copyhold to enfranchise the same, for any of the purposes of the first and thirdly-recited acts or this act ; and that if the pur- chase-money shall amount to or exceed the sum of two hundred pounds, the same shall be paid, without fee or reward, into the bank of England, in the name and Stat. 5 & G Vict. c. 26. Defining other provisions of 3 & 4 Vict, c. 113, s. 68, and extending them to this act. Certain fix- tures and arti- cles of furni- ture in any house sold or taken down may be sold or removed to another house. Certain arti- cles to be deemed free- hold fixtures. Residence houses to be insured. Corporations and persons under legal disability em- powered to sell. Application of purchase mo- ney where it exceeds 200/. 2160 STATU TA VICTORI/E. A.D. 1837—1844. Stat. 5 & fi Vict. c. 26. Where less than 200/. but exce ding: 20/. When not ex- ceeding 20/. Certificate of cashier, and receipts of guardians, &c. to be good discharges. Restriction as to mortgaging certain aug- mented bene- fices. Powers of 3 & 4 Vict, c. 113, ex- tended to this act. Act may be amended this session. with the privity of the accountant-general of the court of Chancery, to be placed to his account ex parte the bishop, dean and chapter, dean, or canon, as the case may be, to whom or for whose benefit any such lands, tenements, or hereditaments shall have been so sold and conveyed or enfranchised, to the intent that such money shall be applied, under the direction of the said court, by order made upon the summary petition of the corporation or person entitled to the rents and profits of the said lands, tenements, or hereditaments, in the purchase of the land-tax, or towards the discharge of any debt or debts, or other incumbrance, or any part thereof, affecting the same lands, tenements, or hereditaments, or affecting other lands, tenements, or hereditaments standing settled therewith to the same or the like uses, intents, and purposes; or where such money shall not be so applied, then the same shall be laid out and invested, under the like direction, in the pur- chase of other lands, tenements, or hereditaments, to be conveyed to, for, or upon such and the like uses, intents, and purposes, and in the same manner, as the lands, tenements, or hereditaments so sold, conveyed, or enfranchised stood settled or limited, or such of them as shall be then existing undetermined and capable of taking effect ; and in the meantime, and until such purchase shall be made, the same money shall, by like order, be invested by the said accountant-general in his name in the purchase of three pounds per centum consolidated or reduced bank annuities ; and in the meantime, and until the said bank annuities shall be ordered by the said court to be sold for any purpose aforesaid, the dividends and annual produce thereof shall, by like order, be from time to time paid to such corporation or person ; and that any such purchase money which shall be less than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, shall be paid to three trustees, to be nominated in an instrument in writing duly executed by such corporation or person, and approved by the said commissioners under their common seal ; in order that such principal money, and the dividends accruing thereon, may be applied in manner hereinbefore directed, so far as may be, without the direction or approbation of the said court ; and that any such purchase money which shall not exceed the sum of twenty pounds shall he paid to such corporation or person ; and the certificate of the cashier of the bank of England shall be a sufficient dis- charge for any such purchase money as aforesaid therein certified to be received ; and in case of infancy or other incapacity, the receipt in writing of any guardian, husband, committee, or trustee, as the case may be, for any such purchase money, shall he a sufficient discharge for the amount therein acknowledged to be received. " XIII. And be it enacted, that the powers for enabling incumbents of bene- fices to raise money by way of mortgage for the purpose of purchasing, building, or improving their houses of residence, shall not be exercised by the incumbent ot any benefice augmented under the provisions of the thirdly-recited act, without the consent of the said commissioners signified under their common seal. " XIV. And he it enacted, that all the powers and authorities vested in her majesty in council and in the said commissioners by the thirdly-recited act, with reference to the matters therein contained, and all other the provisions of the same act relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and apply to her majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively, with reference to all matters contained in this act, as fully and effectually as if the said powers, authorities, and other provisions were repeated herein. " XV. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament." Stat. 5 & 6 CVIII. Stat. 5 & 6 Victoria, c. 27. A.D. 1842. Vict. c. 27. "An Act for better enabling Incumbents of Ecclesiastical Benefices to demise the Lands belonging to their Benefices on Farming Leases." " Whereas it would be advantageous to ecclesiastical benefices if the incum- bents thereof were empowered, with such consent and under such restrictions as STATUTA VICTORLE. A.D. 1837—1844. 21G1 are hereinafter expressed, to demise the lands of or belonging to the same for a term of years certain, for farming purposes : may it therefore please your majesty that it may be enacted ; and be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that it shall be lawful for the incumbent for the time being of any benefice, from time to time after the passing of this act, by deed under his hand and seal, with the consent of the patron of such benefice, and of the bishop of the diocese wherein the same is locally situated, and where the lands proposed or intended to be leased are of copyhold or customary tenure, with the consent also of the lord for the time being of the manor of which the same are holden, in any case where the lease pro- posed to be granted could not according to the custom of the manor be effectually made without the licence of the lord, such respective consents to be testified by the persons whose consents are hereby required respectively being parties to and signing and sealing such deeds before the execution thereof by such incumbent, to lease any part of the glebe lands or other lands of or belonging to such benefice, either with or without any farmhouses, cottages, barns, or other agricultural buildings or conve- niences, parcel of or belonging to such benefice, to any person whomsoever, for any term of years not exceeding fourteen years, to take effect in possession, and not in reversion or by way of future interest, so that there be reserved on every such lease, payable to the incumbent for the time being of such benefice quarterly in every year, during the continuance of the term thereby granted, the best and most improved yearly rent that can be reasonably gotten for the same, without taking any fine, foregift, premium, or other consideration for granting such lease, and so that no such lessee be made dispunishable for waste by any clause or words to be contained in such lease, and so that the lessee do thereby covenant with the incumbent granting such lease, and his successors, for due payment of the rent thereby to be reserved, and of all taxes, charges, rates, assessments, and imposi- tions whatsoever which shall be payable in respect of the premises thereby leased, Stat. 5 & 6 Vict. c. 27. Incumbents of benefices em- powered, with consent of bishop and patron, to lease lands belonging to their bene- fices for four- teen years, under certain restrictions. assign or underlet the hereditaments comprised in such lease, or any part thereof, for all or any part of the term thereby granted, without the consent of the bishop of the diocese for the time being and the patron and incumbent for the time being of the said benefice, to be testified by their respectively being parties to and sealing and delivering the deed or instrument by which any assignment or underlease of the same premises, or any part thereof, may be effected ; and that he will in all respects cultivate and manage the lands and hereditaments thereby leased according to the most improved system of husbandry in that part of the country where such lands and hereditaments are locally situated, so far as such system may not be inconsistent with any express stipulation to be contained in such lease ; and that he will keep, and at the end of the term leave, all the lands comprised in such lease, together with the gates, drains, and fences of every description, and other fixtures and things thereupon or belonging thereto, in good and substantial repair and condition ; and that he will at all times during the continuance of the term keep the buildings comprised in such lease, or to be erected during the term upon the lands thereby demised, or on any part thereof, insured against damage by fire, in the joint names of the lessee, his executors or administrators, and of the incum- bent of the benefice for the time being, in three-fourths at the least of the value thereof ; and that he will lay out the money to be received by virtue of any such insurance, and all such other sums of money as shall be necessary, in substantially rebuilding, repairing, and reinstating, under the direction of a surveyor to be for that purpose appointed by the incumbent of such benefice for the time being and such lessee, by some writing under their respective hands, such messuages or build- ings as shall be destroyed or damaged by fire ; and so that there be inserted in every such lease a reservation for the use of such incumbent and his successors of all timber trees and trees likely to become timber, and of all saplings and under- woods, and of all mines and minerals, except as is hereinafter provided ; and also a power of re-entry, in case the rent thereby to be reserved shall be unpaid for the 6 Y 2102 STAT LIT A VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 27. Saving for covenants respecting cultivation, improvements, &c. In certain cases, leases may be granted for twenty years. parsonage house and offices, and ten acres of glebe, situate most conve- niently for occupation, not to be leased, &c. Proviso. space of twenty-one days next after the same shall become due, or in case the lessee shall be convicted of felony, or shall become a bankrupt, or shall take the benefit of any act or acts of parliament now in force or hereafter to be passed for the relief of insolvent debtors, or shall compound his debts, or assign over his estate and effects for payment thereof, or in case any execution shall issue against him or his effects, or in case such lessee shall not from time to time duly observe and perform all the covenants and agreements on his part in such lease to be con- tained ; and so that the lessee in each such lease do execute the same or a counter- part thereof : provided always, that any stipulation, covenant, condition, or agree- ment in any such lease to be contained, on the part of the lessee, for the adoption and use of any particular mode or system of cultivation, or for the drainage or sub- dividing, or embanking or warping, (in those places where the system of improve- ment of land called warping is or may be practised,) of all or any of the lands comprised in such lease, or for the erection of any new or additional farmhouses, barns, or outhouses, or other farm buildings, which the condition or local situation of the lands to be comprised in such lease may require or render expedient, or for putting in repair any houses, edifices, or buildings to be comprised in any such lease, or for making any substantial improvements on the premises, or for the reservation or payment of any additional rent or rents, or penalty on breach of any of the covenants or agreements contained in any such lease, shall not be deemed or construed to be a fine, foregift, premium, or consideration for the granting of such lease within the meaning of this act : provided also, that nothing herein contained shall be construed to preclude the lessor in any such lease from covenanting that the lessee shall be entitled to have or take from off the demised premises, brick earth, stone, lime, or other materials for the erection or repair of any buildings, or for the construction or repair of drains, or for any other necessary improvements, and sufficient rough timber, to be assigned by the incumbent for the time being, or his agent duly authorized, for any of the purposes aforesaid, and for the making or repair of gates and fences : provided also, that the custom of the country as to outgoing tenants shall apply to each lease to be granted under this act, except so far as the lease shall contain any express stipulation to the contrary: provided also, that the term to be granted by any such lease as aforesaid may be twenty years in any case where the lessee shall covenant thereby to adopt and use any mode or system of cultivation more expensive than the usual course, or to drain or sub- divide, or embank and warp, at his expense, any part of the demised premises, or to erect, at his own expense, on the said premises, any buildings, or to repair in a more extensive manner and at a greater expense than is usually required of lessees of farms any buildings on the demised premises, or in any other manner to improve, at his expense, the demised premises or any part thereof. " II. And be it enacted, that the authority given by this act shall not render valid any lease to be granted in the manner hereinbefore mentioned, unless the parsonage house or other the house of residence of or belonging to the benefice, and all offices, outbuildings, yards, gardens, orchards, and plantations to such par- sonage house or other house of residence adjoining and appurtenant, and which may be necessary or convenient for actual occupation with such parsonage house or other house of residence, and also so much glebe land or other land of or belong- ing to the benefice, and situated the most conveniently for actual occupation by the incumbent, as, together with the site of such parsonage house or other house of residence, offices, and outbuildings, and with such yards, gardens, orchards, and plantations as aforesaid, shall amount to ten acres at least, if there shall be ten or more acres of such land situated within five miles from the parsonage or other the house of residence, or if there shall be less than ten acres so situated, then the whole of such land shall be reserved out of or not be comprised in such lease, and not be comprised in any subsisting lease for the time being which shall have been previously granted under the authority of this act : provided always, that in any case where the lands comprised in any lease granted under the authority of this act shall be situate five miles or upwards from the parsonage house or other the house of residence, or (in case there shall be no parsonage house or other house of STATUTA VICTORIA. A.D. 1837-1844. 2163 residence) from the church or chapel of the benefice to which such lands shall belong, the provision herein contained for the reservation of a stipulated number of acres of the glebe land or other land of or belonging to the benefice shall not be applicable. " III. And be it enacted, that whenever any lease is intended to be granted under the authority of this act, a competent land surveyor shall be appointed by the bishop of the diocese and the patron and incumbent of the benefice, by some writing under their respective hands ; and such surveyor shall make a map or plan under an actual survey of the lands proposed or intended to be leased, and of the other lands of or belonging to the benefice, or of such part or parts of the said other lands as will sufficiently show to the bishop of the diocese and the patron of the benefice the relative positions or local situations and quantities of the lands pro- posed or intended to be leased, and of the lands (if any) intended to be reserved, and as will enable them to form an accurate judgment of the situation and conve- nience for actual occupation of the lands intended to be reserved ; and such sur- veyor shall certify that the lands intended to be leased, and such buildings and other hereditaments (if any) as are intended to be leased therewith, are proper to be leased to a tenant under the provisions of this act, and (in any case where the provision hereinbefore contained respecting the reservation of a stipulated number of acres may be applicable) that the lands which are intended to remain unlet are such part of the glebe land or other land of or belonging to the benefice as is situ- ated the most conveniently for actual occupation by the incumbent thereof ; and such surveyor shall also make a valuation on actual survey of the lands and heredi- taments proposed or intended to be leased, and shall report what is the best yearly rent which ought to be reserved upon a lease of such lands and hereditaments under the circumstances under which such lease is proposed or intended to be granted, and shall state the course of husbandry or management of such lands and heredi- taments which ought in the opinion of such surveyor to be adopted by the tenant thereof ; and in any case where it is proposed that the lease shall contain special covenants on the part of the lessee for the drainage or subdividing, or embanking or warping, of all or any of the lands to be comprised in the lease, or for the erec- tion of any new or additional farmhouses, barns, or outhouses, or other farm build- ings, or for putting in repair any houses, edifices, or buildings to be comprised in the lease, or for making any substantial improvement in the premises, such sur- veyor shall certify that in his opinion the covenants for those purposes are proper covenants to be entered into by the lessee under the circumstances of the case, and he shall state the amount by which the yearly rent to be reserved by the proposed lease ought in his judgment to be diminished in respect or on account of the lessee entering into such covenants ; and in any case where it is proposed that the lessee shall be entitled to have or take from off the demised premises brick earth, stones, lime, or other materials, or rough timber, for any of the purposes hereinbefore mentioned, he shall also certify that in his opinion covenants on the part of the lessor for those purposes are proper to be entered into, and that he has taken the matter into his consideration in estimating the amount of rent to be reserved by the proposed lease ; and such surveyor shall in all cases also report upon and state such other matters or things (if any) connected with such intended lease, or the lands and hereditaments proposed or intended to be therein comprised, as he shall, by such bishop, patron, and incumbent, or any of them, be directed to report upon ; and the map or plan, certificate, valuation, and report of such surveyor shall be respectively signed by such surveyor, and verified by his declaration to be made before any justice of the peace, and shall, immediately upon the completion thereof, respectively be delivered to the bishop of the diocese : provided always, that in all cases in which there shall be in the possession of the bishop of the diocese, or of the patron or incumbent of any benefice, or of the parish officers of the parish in which such benefice may be comprised, any map or plan made under an actual survey of the parish, or of such part thereof as shall include the lands proposed or intended to be demised, a copy of or an extract from such map or plan may be substituted for the map or plan hereinbefore directed to be made by any such surveyor as aforesaid. G Y 2 Stat. 5 & 6 Vict. c. 27. Before any leaseisgranted, a surveyor to be appointed, who is to make maps, certifi- cates, valua- tion, and reports re- specting such intended lease. An existing map of the lands may be used. 21 04 STATUTA VICTORIES. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 27. Lessor's re- ceipt for coun- terpart or attested copy of lease to be evidence of its execution; and execution by bishop and patron to be evidence that the lands are proper to be leased, &c. Surrenders of leases. In cases of peculiars belonging to bishops, such bishops to exercise, within their peculiars, the powers given by this act. Provision where patron or lord of manor is under incapacity or beyond seas. Provision where the patronage of any benefice is in the crown. " IV. And be it enacted, that the receipt in writing of the incumbent by whom any lease shall he granted under the authority of this act, acknowledging that he has received the counterpart, or an attested copy in all cases where there shall be only one. part, of such lease, and signed by such incumbent, and endorsed on the lease, shall be conclusive evidence that the counterpart or lease (as the case may he) has been duly executed by the lessee, and also in all cases where there shall he only one part of such lease that the attested copy is a true and faithful transcript of the original lease ; and the execution by the bishop and patron, whose consents are hereby made requisite, of any lease to be granted under the authority of this act, shall be conclusive evidence that the lease does not comprise any lands which ought not to he leased under the provisions of this act, and that a proper portion of the glebe land remains unleased, and that the rent reserved by such lease is the best and most improved rent that could be reasonably gotten for the lands and hereditaments comprised therein at the time of granting such lease, and that all the covenants contained in such lease are proper covenants. " V. And be it enacted, that no surrender of any lease which shall have been 7nade under the authority of this act shall be valid to any purpose whatsoever unless the bishop of the diocese and the patron and incumbent of the benefice to which the lands or hereditaments comprised in such lease shall belong shall respec- tively be made parties to and execute the deed or instrument by which such sur- render shall be made ; and every such surrender shall have operation from the time only when such deed or instrument as aforesaid shall have been executed by all the persons whose execution thereof is hereinbefore required. "VI. And whereas there are within divers dioceses certain exempt jurisdictions called peculiars, belonging to the archbishops and bishops of other dioceses, and it is expedient that all the powers, authorities, and duties by this act given to or imposed upon the bishop of the diocese should, as to such peculiars, be given to and imposed upon the archbishop or bishop to whom the same respectively belong ; be it therefore enacted, that all the powers, authorities, and duties by this act given to or imposed upon the bishop of any diocese shall, with respect to the several peculiars locally situated within such diocese, be exercised and performed by the archbishop or bishop to whom such peculiars shall respectively belong, and not by the bishop within whose diocese such peculiar shall be locally situated, but that with respect to all peculiars belonging to any other person than archbishops or bishops such powers, authorities, and duties shall be exercised and performed by the bishop of the diocese within which such peculiars shall be locally situated. "VII. And be it enacted, that whenever the consent or concurrence of the patron of any benefice, or of the lord for the time being of any manor, is hereby required, and the patron of such benefice, or the lord for the time being of such manor, (as the case may be,) shall happen to be a minor, idiot, lunatic, or feme covert, or beyond seas, it shall be lawful for the guardian, committee, husband, or attorney (as the case may be) of such patron or lord, (but in the case of a feme covert not being a minor, idiot, or lunatic, or beyond seas, with her consent in writing,) to execute the instrument by which such consent or concurrence is to be testified, in testimony of the consent or concurrence of such patron or lord; and such execution shall, for the purposes of this act, be deemed and taken to be an execution by the patron of the benefice or by the lord of the manor (as the case may be). " VIII. And be it enacted, that in any case in which the consent or concur- rence of the patron of any benefice is hereby required, and the patronage of such benefice shall be in the crown, the consent or concurrence of the crown shall be testified in the manner hereinafter mentioned; (that is to say,) if such benefice shall be above the yearly value of twenty pounds in the King's Books, the instrument by which such consent or concurrence shall be testified shall be executed by the lord high treasurer or first lord commissioner of the Treasury for the time being ; and if such benefice shall not exceed the yearly value of twenty pounds in the King's Books, such instrument shall be executed by the lord high chancellor, or lord keeper or lords cojnmissioners of the great seal for the time STATUTA VICTORIA. A.D. 1837—1844. 2165 being; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, such instrument shall be executed by the chancellor of the said duchy for the time being; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. « IX. And be it enacted, that in any case in which the consent or concurrence of the patron of any benefice is hereby required, and the right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the consent or concurrence of the patron of such benefice to the exercise of such power shall be testified in the manner hereinafter mentioned; (that is to say,) the instrument by which such consent or concurrence is to be testified shall, whenever there shall be a Duke of Cornwall, whether he be of full age or otherwise, be under his great or privy seal, or if there be no Duke of Cornwall, and such benefice shall be in the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by the person or persons who is or are authorized to testify the consent or concurrence of the crown ; and such instrument, being so sealed or executed, shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. " X. And be it enacted, that in any case in which the consent or concurrence of the patron of any benefice or of the lord of any manor is hereby required, and the patronage of such benefice, or (as the case may be) the lordship of such manor, shall belong to any dean and chapter, or collegiate or other corporate body having a common seal, the consent or concurrence of such dean and chapter, or collegiate or other corporate body, shall be testified by the sealing of the instrument by which such consent or concurrence is to be testified with the common seal of such dean and chapter, collegiate or other corporate body. " XI. And be it enacted, that the person or persons, (if not more than two,) or the majority of the persons, (if more than two,) or the corporation, who or which would for the time being be entitled to the turn or right of presentation to any benefice if the same were then vacant, shall, for the purposes of this act, be consi- dered to be the patron thereof ; provided nevertheless, that in the case of the patronage being exercised alternately by different patrons, the person or persons, (if not more than two,) or the majority of the persons, (if more than two,) or the corporation, who or which would for the time being be entitled to the second turn or right of presentation to any benefice, if the same were then vacant, shall, for the purposes of this act, jointly with the person or persons or corporation entitled to the first turn or right of presentation, be considered to be the patron thereof. " XII. And be it enacted, that in all cases in which any person shall sustain any more than one of the aforesaid characters of bishop of the diocese, patron, lord of the manor, and incumbent, in respect of any benefice to which the provisions of this act extend, every such person shall or may at any time act in both or all of the characters which he shall so sustain as aforesaid, and execute and do all and every or any of such deeds and acts as are hereby authorized to be executed and done, as effectually as different persons, each sustaining one of those characters, could execute and do the same. " XIII. And be it enacted, that whenever any lands or hereditaments proposed to be leased under the provisions of this act are or shall be vested in any trustee or trustees, in trust for or for the benefit of any incumbent hereby empowered to grant leases as aforesaid, in such a manner as that the net income or three fourth parts at the least of the net income of such lands and hereditaments is, are, or shall be payable for the exclusive benefit of such incumbent, all the powers of this act which, in case such lands and hereditaments had been legally vested in such incumbent for the sole and exclusive benefit of such incumbent, might have been exercised by such incumbent in relation to or affecting the same lands and heredi- taments, shall or may be exercised by such incumbent in the same or the like manner as the same might have been exercised by such incumbent in case the same lands and hereditaments were legally vested in such incumbent as aforesaid ; but in order to give legal effect to any lease to be executed in relation to any such lands Stat. 5 & 6 Vict. c. 27. Provision where the patronage is attached to the duchy of Cornwall. Corporate bodies may act by their com- mon seal. Person who for the time being would be entitled to pre- sent shall be considered the patron. Provision where any person shall sustain more than one of the characters of bishop, patron, and incumbent. The power of the act to ex- tend to lands, &c. held in trust for cor- porations. 21GG STATUTA VICTORLE. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 27. Incumbent's part of all instruments, and all maps, &c. shall be deposited in the bishop's registry, ex- cept as to peculiars be- longing to bishops. Deposited documents to be produced to incumbent or patron on application ; and office copies given, which are to be admitted as evidence of such instru- ments in all courts. Charges which the registrar is entitled to make. Interpretation of act. and hereditaments, in pursuance of this act, the trustee or trustees of the piemises intended to be affected thereby shall be made a party or parties to such lease, (in addition to the other parties whose concurrence is hereby declared to be requisite to any such lease,) and shall join in the demise intended to be thereby made ; and the trustee or trustees of any such lands or hereditaments is and are hereby directed and required at all times to execute any lease to which he or they may he made a party or parties, with a view to give legal effect to any such lease as aforesaid, as soon as the same may be tendered to him or them for execution, after the same shall have been duly executed by the incumbent beneficially entitled to such pre- mises, and the bishop and patron, whose consents are hereby declared to be requi- site to the validity of any lease granted by such incumbent ; and the fact that any such lease is executed by the said other parties shall be a sufficient authority for the execution thereof by the trustee or trustees of the same premises, and it shall not at any time afterwards be necessary for such trustee or trustees, or for any other person or persons, to prove that such deed was executed by such other parties, or any of them, prior to the execution thereof by such trustee or trus- tees; provided that no trustee shall by virtue of or under this provision be compellable to execute any lease whereby he shall render himself in any way liable, further than by a covenant for quiet enjoyment by any lessee against the acts of the trustee executing such deed. " XIV. And be it enacted, that the part of every lease granted under this act, which shall belong to any incumbent, or, in case there shall not be more than one part of any such lease, an attested copy thereof, and every surrender to be made under this act, together with the writing by which a surveyor shall have been appointed as aforesaid, and the map or plan, or copy of or extract from a map or plan, (as the case may be,) certificate, valuation, and report hereinbefore directed to be made before the granting of such lease, shall, within six calendar months next after the date of such lease, be deposited in the office of one of the registrars of the diocese wherein such benefice shall be locally situated, to be perpetually kept and preserved therein, except where the benefice shall be under the peculiar jurisdiction of any archbishop or bishop, in which case the several documents before mentioned shall be deposited in the office of the registrar of the peculiar jurisdic- diction to which such benefice shall be subject ; and such registrars respectively, or their respective deputies, shall, upon any such deposit being so made, sign and give unto the incumbent a certificate of such deposit ; and such lease or attested copy and other documents so to be deposited shall be produced, at all proper and usual hours, at such registry, to the incumbent of the benefice for the time being, or to the patron of such benefice for the time being, or to any person on their or either of their behalf, applying to inspect the same ; and an office copy thereof, respectively certified under the hand of the registrar or his deputy, (and which office copy, so certified, the registrar or his deputy shall in all cases, upon application in that behalf, give to the incumbent for the time being of such benefice,) shall in any action against the lessee, and in all other cases, be admitted and allowed in all courts whatsoever as legal evidence of the contents of such lease, or of any such other document, and of the due execution of the counter- part of such lease by the lessee, if there shall be any counterpart, and of the due execution of the lease and of every such other document by the parties who on the face of such office copy shall appear to have executed the same ; and every such registrar shall be entitled to the sum of five shillings, and no more, for so depositing as aforesaid the documents hereinbefore directed to be deposited, and for certifying the deposit thereof, and the sum of one shilling, and no more, for each search and inspection, and the sum of sixpence, and no more, over and besides the stamp duty (if any) for each folio of seventy-two words of each office copy so certified as aforesaid. " XV. And be it enacted, that in the construction and for the purposes of this act the several following words shall have the meanings hereinafter assigned to them respectively (unless there shall be something in the subject or context repugnant to such construction); (that is to say,) STATUTA VICTORIA. A.D. 1837-1844 2167 " The word « person' shall be construed to include the queen's majesty, and any corporation, aggregate or sole, as well as private individual: the word 'lands' shall be construed to include lands of any tenure : the word ' benefice' shall be construed to comprehend every rectory, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry, and district chapelry, the incumbent of which in right thereof shall be a corporation sole : and every word importing the singular number shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the plural number shall extend and be applied to one person or thing as well as to several persons or things ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. " XVI. And be it enacted, that this act shall extend only to that part of the United Kingdom called England and Wales, and to the isle of Man, and to the islands of Guernsey, Jersey, Alderney, and Sark. " XVII. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 5 & 6 Vict. c. 27. To what parts only the act shall extend. Act may be amended this session. CIX. Stat. 5 & 6 Victoria, cap. xxvii. A.D. 1842. Stat. 5 & 6 "An Act for carrying into effect certain Provisions contained in the Will of cai>' Thomas Swinnerton, Esquire, deceased, relative to the Building of a Mansion House on the Testator's Estate at Butterton, in the County of Stafford, and building a Church or Chapel on the said Estate ; and for other Purposes" CX. Stat. 5 & 6 Victoria, c. 28. [Ireland.] A.D. 1842. "An Act to assimilate the Law in Ireland, as to the Punishment of Death, to the Law in England; to abolish the Punishment of Death in ceHain Cases in Ireland ; and to substitute other Punishments in lieu thereof." " Whereas it is expedient to alter and amend various statutes now in force in Ireland relative to certain offences by the said statutes now punishable with death, and to assimilate the law in Ireland as to the punishment of death in certain cases to the law in England : and whereas by an act passed in the twelfth year of the reign of King George the First, intituled, 'An Act to prevent Marriages by degraded Clergymen and Popish Priests, and for preventing Marriages consum- mated from being avoided by Pre-Contracts, and for the more effectual Punishment of Bigamy,' it was amongst other things enacted, that if any person pretending to be a popish priest, or any degraded clergyman, or any layman pretending to be a clergyman of the church of Ireland as by law established, should, after the twenty- fifth day of April in the year of our Lord one thousand seven hundred and twenty- six, celebrate or take upon him to celebrate any marriage between two protestants or reputed protestants, or between a protestant or reputed protestant and a papist, such degraded clergyman, and layman pretending to be a clergyman, should be and was thereby declared to be guilty of felony, and should suffer death as a felon, with- out benefit of clergy : and whereas it is expedient that none of the said offences should be henceforth punishable with death : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that if any person shall, after the commencement of this act, be convicted of any of the offences hereinbefore mentioned, such person shall not suffer death, or have sentence of death awarded against him or her for the same, but shall be liable to be transported beyond the seas for seven years : provided always, that nothing in this act contained shall alter or in anywise affect the pro- visions of an act passed in the third and fourth years of the reign of his late majesty King William the Fourth, intituled, 'An Act to repeal certain penal Enactments made in the Parliament of Ireland against Roman Catholic Clergymen for cele- brating Marriages contrary to the Provisions of certain Acts made in the Parliament of Ireland.' Stat. 5 & 6 Vict. c. 28. [Ik.] Recital of 12 Geo. 1, c. 3, s. 1, (Ir.) inflict- ing the punish- ment of death on popish priests or de- graded clergy- men, or pre- tended clergy- men, celebrat- ing marriages between pro- testants, &c. Transportation for seven years substituted for the punishment of death for the offences herein mentioned. 3 & 4 Gul. 4, c. 102. 21G8 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 " VII. And whereas it was by the last-recited act of the twenty-seventh year \ ict. c. 28. of the reign of King George the Third further enacted, that if any persons, unlaw- R*-' fully, riotously, and tumultuously assembled, should unlawfully and with force Geo^f °f demolish or pull down, or begin to demolish or pull down, any church or chapel s. 5, dr.) in- ^or tne celebration of divine service according to the usage of the church of Ireland, flicting the or any building used for religious worship, or if any person or persons should wil- punishment of fully bum or set fire to, or should maliciously fasten up, any church or chapel or death for riot- otjjer building for religious worship as aforesaid, or by threats or force prevent or ous assembling , °. ° e „ f . . * to pull down obstruct any clergyman from officiating or celebrating divme service therein, or or injure should maim or hurt any clergyman officiating or performing, or about to officiate churches, &c; 0r perform, divine service therein, then every such demolishing or pulling down, or beginning to demolish or pull down, or burning or setting fire to, fastening up, preventing or obstructing, maiming or hurting, should be adjudged felony without benefit of clersry, and the offenders therein, being by due course of law thereof con- victed, should be adjudged felons, and should suffer death as in cases of felony for deterring without benefit of clergy : and whereas it was by the said last-recited act further persons from enacted, that if any person or persons should dig, erect, or provide, or cause or or fleeting 06 Procure *° ^ dug, erected, or provided, any grave, gallows, or gibbet, or any ru:c; ; instrument for inflicting bodily pain or punishment, in order to induce or compel any person or persons to enter into, support, maintain, or assist in any unlawful combination or agreement whatsoever, or in order to deter or prevent any person from giving evidence in any suit or prosecution, civil or criminal, or to prevent the collection of any lawful rates or taxes, or should make use of any manner of force, or inflict or threaten to inflict any manner of bodily pain or punishment whatso- ever, or destroy or threaten to destroy the property of any person, in order to induce or compel any person to enter into, support, or maintain, or assist in any unlawful combination or conspiracy whatsoever, or to prevent the collection of any such rates or taxes, or to deter or prevent any person from giving evidence in any suit or prosecution, civil or criminal, or on account of any persons having declined or refused to enter into any unlawful combination or agreement, or on account of any persons having given evidence in any action or prosecution, civil or criminal, every such person, and all persons aiding, abetting, and assisting therein, being thereof by due course of law convicted, should be adjudged guilty of felony with- out benefit of clergy, and should suffer death as in cases of felony without benefit and for issuing of clergy : and whereas it was by the said last-recited act further enacted, that if notices to ex- any person3 should print, write, post, publish, or knowingly circulate or deliver, or should cause or procure to be printed, written, posted, published, circulated, or delivered, any notice, letter or message exciting or tending to excite any riot, tumultuous meeting, or unlawful combination or confederacy, every such person, being by due course of law thereof convicted, should be adjudged a felon, and suffer death as in cases of felony without benefit of clergy : and whereas it is expedient that the said last-mentioned offences should be no longer punishable with death ; Transportation be it therefore enacted, that from and after the commencement of this act, if any substitated for person shall be convicted of any of the offences hereinbefore last specified, such ment^death Person sna^ not suffer death, or have sentence of death awarded against him or her for the offences for the same, but shall be liable, at the discretion of the court, to be transported herein sped- beyond the seas for any term not less than seven years, or to be imprisoned for any tie^* term not exceeding three years." Stat. 5 & 6 CXI. Stat. 5 & 6 Victoria, cap. xxxiv. [Ireland.] A.D. 1842. Vict. cap. ' _ xxxiy. [T*J "An Act for confirming certain Conveyances in perpetuity made by the bcclesias- tkal Commissioners for Ireland, aivl the present Bishop of Derry and Baphoe, of Parts of the Mensal Lands of the See of Derry, and for confirming certain Leases made by the same Bishop and his immediate Predecessor in the See of Derry, of other Parts of the Mensal Lands of the same See; also for enabling the Bishop of Derry and Baphoe for the time being to grant Leases of the Parts last mentioned, and certain other Parts of the Mensal Lands of the See of Derry ; and for other Purposes." STATUTA VICTORIA. A.D. 1837—1844. 2109 CXII. Stat. 5 & 6 Victoria, cap. xxxv. A.D. 1842. Stat. 5 & 6 x tt' rrr. i Vict. cap. "An Act to extend the Provisions of two Acts, of the second year of King Wit- xxxv# Ham the Fourth, and the first year of Her present Majesty, relating to the Free Grammar School of King Edward the Sixth in Birmingham, in the County of W arwick." CXIII. Stat. 5 & 6 Victoria, cap. xxxix. A.D. 1842. Stat. 5 & 6 "An Act to amend and explain the Act passed in the seventh and eighth years of cap' His late Majesty George the Fourth, Chapter 11, intituled, An Act to explain and modify the Trust Settlement of the late Louis Cauvin, for the Endowment and Maintenance of an Hospital for the Support and Education of Boys; and further to explain and modify the said Trust Settlement." CXIV. Stat. 5 & 6 Victoria, cap. xl. A.D. 1842. "An Act for enabling the Trustees for the time being of HeWs Charity Estates to grant Leases for absolute terms, not exceeding twenty-one years, of certain Estates vested in them as such Trustees, and situate in the Parishes of Clist Saint Lawrence, Broadclyst, Stokeinteignhead, Bovey Tracey, and Newton Ferrers, in the County of Devon; and for confirming certain Leases of Parts of such Estates already granted, and for fixing the Proportions in which the Roits reserved and to be reserved by such Leases, and such other Profits of the said Estates as have accrued and shall accrue after the granting of such Leases thereof respectively shall be divided and enjoyed; and for other Purposes." CXV. Stat. 5 k Q Victoria, c. 54. A.D. 1842. "An Act to amend the Acts for the Commutation of Tithes in England and Wales, and to continue the Officers appointed under the said Acts for a Time to be limited." "Whereas by an act passed in the seventh year of the reign of his late majesty, intituled, 4 An Act for the Commutation of Tithes in England and Wales,' it was among other things enacted, that no commissioner or assistant commissioner, secretary, assistant secretary, or other officer or person appointed under the said act should hold his office for a longer period than five years next after the day of the passing of the said act, and thenceforth until the end of the then next session of parliament ; and that after the expiration of the said period of five years and of the then next session of parliament so much of the said act as authorizes any such appointment should cease ; and whereas by an act passed in the last session of parliament it was among other things provided, that so much of the last-recited act as is hereinbefore recited should be repealed, and that no commissioner or assistant commissioner, secretary, assistant secretary, or other officer or person so to be appointed, should hold his office for a longer period than until the thirty-first day of July, one thousand eight hundred and forty-two ; and that after the said thirty-first day of July so much of the lasc-recited act as autho- rizes any such appointment should cease : and whereas it is expedient that the said commission be further continued ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the last-recited act as is hereinbefore recited shall be repealed, except so far as it repeals any part of the first-recited act ; and that no commis- sioner or assistant commissioner, secretary, assistant secretar}r, or other officer or person so appointed or to be appointed shall hold his office for a longer period than the thirty-fin* day of July, in the year one thousand eight hundred and forty- seven, and to the end of the then next session of parliament. " II. And whereas by the first-recited act power is given to the landowners and titheowners of any parish to make and execute an agreement for the commutation of the tithes of that parish as therein specified ; and power is also given to the said commissioners, after the first day of October in the year one thousand eight hun- Stat. 5 & 6 Vict. cap. xl. Stat. 5 & 6 Vict. c. 54. 6 & 7 Gul. 4, c. 71. 5 Vict. c. 7. Last-recited act in part repealed. Continuance of tithe com- mission. Agreements may be made pending pro- ceedings to- 2170 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 54. wards an award. Parties may make a sup- plemental agreement as to commence- ment of rent- charge. Such agree- ment to be confirmed, and a copy de- posited. In making special adjudi- cation an account may be taken of parochial agreements. Powers for defining and exchanging glebe. dred and thirty-eight, to make compulsory awards for the commutation of tithes in any parish in which no such agreement shall have been made as aforesaid, and confirmed by the said commissioners : and whereas doubts have been entertained whether, pending the proceedings toward a compulsory award, the landowners and titheowners can make and execute a voluntary agreement which, if confirmed by the said commissioners, shall be valid, and it is expedient that such doubts be removed ; be it declared and enacted, that a parochial agreement for the payment of a rent-charge instead of tithes, as provided by the said act, may be made in the manner therein specified, at any time before the confirmation of any award for the commutation of the tithes of the same parish ; and such agreement may contain provisions for declaring how the expenses of the parties, or any of them, shall be defrayed, which shall have been incurred in contesting the award ; and every such agreement, whether made before or after the passing of this act, if confirmed by the commissioners, shall be as valid as if made and executed before any proceed- ings had been taken toward making a compulsory award, and shall have the effect of making null and void all the proceedings toward such compulsory award, or incident thereunto, except so far as the same shall be adopted in such agreement. " III. And be it enacted, that in all cases where no time is fixed by any award or agreement commuting the tithes of a parish for the commencement of the rent- charge or rent-charges therein awarded or agreed upon, it shall be lawful, notwith- standing that the apportionment of the said rent-charge or rent-charges may have been confirmed, for the landowners and titheowners, having such an interest in the land and tithes of the parish as is required for making a parochial agreement, to enter into a supplemental agreement for fixing the period at which the rent-charge or rent-charges to be paid under such award or agreement shall commence ; pro- vided always, that such supplemental agreement shall be of no force or effect unless the same shall be confirmed by the said commissioners under their hands and seal • and a copy of every such supplemental agreement shall be deposited with the registrar of the diocese, and in the parish, in like manner as instruments of appor- tionment are deposited under the said first-recited act. " IV. And whereas by the first-recited act power is given to the said commis- sioners to make awards in cases reserved for special adjudication, having regard to the average rate which shall be awarded in respect of lands of the like description and similarly situated in the neighbouring parishes; and whereas it sometimes happens that voluntary agreements for the commutation of tithes have been made in the greater part of such neighbouring parishes ; be it enacted, that, in awarding the rent-charge in any case so reserved, the commissioners shall be empowered to have regard to the average rate of commutation in respect of lands of the like description and similarly situated, not only in the neighbouring parishes in which there has been an award by the commissioners, but also in those in which there has been a parochial agreement for the commutation of tithes. " V. And whereas it will be beneficial to both titheowners and landowners if the tithe commissioners are empowered to define the glebe lands in those cases in which the quantity of glebe is known, but cannot be identified, and also to exchange the glebe lands or part thereof for other land ; be it enacted, that for the purpose of defining and settling the glebe lands of any benefice, on the application of the spiritual person to whom the same belongs in right of such benefice, and with the consent of the landowner or landowners having or claiming title to the land so defined as glebe, and being in possession thereof, the tithe commissioners shall, during the continuance of the commission, as well before as after the completion of any commutation, have the same powers which they have for ascertaining, drawing, and defining the boundaries of the lands of any landowners on their application ; and also upon the like application of any spiritual person the said commissioners shall have power to exchange the glebe lands, or any part thereof, for other land within the same or any adjoining parish, or otherwise conveniently situated, with the consent of the ordinary and patron of the benefice and of the landowner or landowners having or claiming title to the land so to be given in exchange for the glebe lands, and being in actual possession thereof as aforesaid, such consent to be testified as their consent under the first-recited act is testified to anything for STATUTA VICTORIA. A.D. 1837—1844. 2171 which their consent is therein required ; and in every such case the tithe commis- Stat. 5 & 6 sioners shall make an award in like manner as awards are made under the first- VlCT- c- 54- recited act, setting forth the contents, description, and boundary of the glebe lands as finally settled by them, and of the lands awarded to the several parties to whom any lands theretofore part or reputed part of the glebe lands are to be awarded ; and every such award shall have all the incidents of an agreement confirmed by the said commissioners for giving land instead of tithes, and in every case of exchange shall operate as a conveyance of the lands theretofore part or reputed part of the glebe lands to the several persons to whom the same shall be awarded, and to their heirs and successors, executors and administrators, as the case may be ; and such lands shall thereupon be holden by the same tenure, and upon the like uses and trusts, and subject to the like incidents, as the land awarded as glebe in exchange for the same was formerly holden; and the expense of so defining, exchanging, and settling any glebe lands shall be borne in such manner as the tithe commissioners shall think just. " VI. And whereas the power of giving land instead of tithes has been found Extending beneficial to both titheowners and landowners, but such power has been inoperative power of giving in a great degree by reason that the landowners by giving land instead of vicarial land for titnes- tithe cannot free their lands from the liability to rectorial tithe, and the converse ; be it enacted, that it shall be lawful for any titheowner, with the consent of the patron and ordinary in the case of spiritual tithes, to be testified as their consent under the first-recited act is testified to anything for which their consent is therein required, and subject in that case to the limitation of quantity of land provided by the first-recited act, and subject to the approval of the tithe commissioners, to agree for the assignment to any other owner of tithes issuing out of the same lands of so much of his tithes arising within the same parish, or of the rent-charge agreed or awarded to be paid instead of such tithes, as shall be an equivalent for the tithes belonging to such other titheowner issuing out of the same lands, or for the rent-charge agreed or awarded to be paid instead thereof, for the purpose of enabling any landowner who shall be desirous of giving land instead of tithes to free his lands, or any part thereof, from both rectorial and vicarial tithes, and from the payment of any rent -charge in respect thereof ; and every such agreement shall be carried into effect by means of an award or supplemental award, to be made by the said commissioners either before or after the confirmation of the apportionment, in like manner as awards or supplemental awards are made by them pursuant to the powers vested in them before the passing of this act. " VII. And be it enacted, that where any agreement shall have been made Confirmation before the passing of the first-recited act for giving land or money, or both, instead of old agree- of tithes or glebe or commonable or other rights or easements, which is not of legal ments for validity, and such lands or money, or both, shall appear to the commissioners to be f[faes ^ a fair equivalent for the said tithes or glebe, or rights or easements, they shall be empowered to confirm and render valid such agreement ; and in case the same shall not appear to be a fair equivalent, the said commissioners shall nevertheless be empowered to confirm such agreement, and also to make an award for such rent- charge, which with the said land or money, or both, will be a fair equivalent for the said tithes or glebe, or rights or easements, and, subject to such confirmation and award, to extinguish the right of the titheowners to the perception of the said tithes, or his title to the said glebe rights or easements, or to the receipt of any rent-charge instead thereof, other than the rent-charge awarded over and above the lands or money, or both, so confirmed to them. "VIII. And be it enacted, that in every case in which any spiritual person Power to shall have died or vacated his benefice before exercising the powers vested in him chatge ex- of borrowing money for the purpose of defraying so much of the expenses of com- Penses of com- mutation as is to be defrayed by him, and of charging the rent-charge with the fences ^ repayment of the money borrowed, it shall be lawful for the tithe commissioners, extended, witii the consent of the ordinary, to borrow money for that purpose, and to charge the repayment thereof upon the rent-charge, or so much thereof as they, with the like consent, shall think just, with interest thereupon, and for that purpose to assign the rent-charge in like maimer as such spiritual person, if living or in 2172 STATU T A VICTORLE. A.I). 1837 — 1844. Stat. 5 & 6 Vict. c. 54. For settling questions of arrears and costs in suits in equity. The act 2 & 3 Gul. 4, c. 100, not to have any operation as to any award of the commissioners in certain Provision for fixing the 9ame days of pay- ment of all parts of the same rent- charge. Power to owner of rent- charge to let land taken under writ of possession. possession of his benefice, could himself have done ; and the person in whose favour such charge shall have been made, and his assigns, shall have the like remedies for enforcing payment of the principal and interest of the money so borrowed, in case of any arrear in payment of the said charge, as if such charge had been made by the person so dying or vacating his benefice. " IX. And be it enacted, that in all cases, whether the tithes of any parish have been commuted or not, where any question as to the liability of any lands to the render of tithes, or as to the existence of any modus or composition real, or pre- scriptive or customary payment, or any claim of exemption from or non-liability to the payment of tithes in respect of any lands, shall have been heard and deter- mined by the said commissioners, or by any assistant commissioner under their direction, it shall be lawful for the said commissioners or any assistant commis- sioner, after the time for appeal to a court of law from the said determination has elapsed, or in case there has been such appeal, after the judgment of the court on such appeal, to make an award, founded on the decision of the said commissioners or assistant commissioner, or the judgment of any court of law to which appeal shall have been made from the decision of the said commissioners or assistant com- missioner, for the determination of all questions of arrears of tithes claimed in any suit which may be pending in any court of equity for the purpose of trying, as to the same lands, such liability, or the legality of such claim, modus, composition, or customary payment, and of the liability of any of the parties to payment of the costs of the proceedings in such suit, for which purpose they respectively shall have all the powers which under the said recited acts or any of them they have for ascertaining the value of the tithes of such lands ; and such award shall have the effect of the verdict of a jury, on an issue directed by the court of Chancery satis- factory to the judge or court directing the same, and shall be received by the court of Chancery as conclusive evidence of the liability or non-liability of such lands, and of the amount of such arrears, and of the liability of the several parties to the payment of costs in such suit ; and any order of the court of Chancery made thereon shall be binding on all parties, and no appeal to any other judge or court shall be brought against such order. " X. And be it enacted, that where any question is or shall be brought for the decision of the tithe commissioners or any assistant commissioner, relative to any of the matters mentioned in an act passed in the third year of the reign of his late majesty, intituled, ' An Act for shortening the Time required in Claims of Modus Decitnandi, or Exemption from or Discharge of Tithes,' as to which any such suit shall have been commenced and shall be pending as would have prevented the operation of the said recited act, such recited act shall not have any operation as to any award or decision respecting such question to be made by the said tithe com- missioners or any assistant commissioner. " XI. And be it enacted, that in any parish where any rent-charge has been agreed or awarded to be paid instead of tithes, and security has been given for payment of such rent-charge, and the lands in such parish have been discharged from payment or render of tithes or composition, or rent in the nature thereof, instead of tithes, before the apportionment of such rent-charge, it shall be lawful for the tithe commissioners, by a declaration in writing under the hands of any two of them, and their seal of office, to fix the same half-yearly days of payment of the whole rent-charge after apportionment thereof ; and in consideration that the payment of some sums will be thereby accelerated, and the payment of other sums will be thereby deferred and retarded, to make such alterations and allowances in the payments to be made in the first year after the apportionment, both by way of interest for every sum of which payment will be thereby deferred, and by way of discount to be allowed for every sum of which payment will be thereby accele- rated, as to the commissioners shall seem just. " XII. And be it enacted, that it shall be lawful for any owner of rent-charge, having taken possession of any land for non-payment of the rent-charge under the provisions of the first-recited act, from time to time during the continuance of such possession to let such land, or any part thereof, for any period not exceeding one year in possession, at such rent as can be reasonably obtained for the same ; and STATUTA VICTORIA. A.D. 1837-1844. 2173 the restitution of such land, on payment or satisfaction of the rent-charge, costs, and expenses, shall be subject and without prejudice to any such tenancy. " XITI. And be it enacted, that it shall be lawful for any board of guardians of any parish or union, with the consent of the poor law commissioners, and subject to such conditions as the said poor law commissioners may prescribe, to pay out of the rates of any parish any portion of the cost of making or providing any map or plan which shall have been confirmed under the hands and seal of the tithe com- missioners, or any other sum of money by way of consideration for the use of the said map or plan, for the purpose of estimating the net annual value of property in respect of which rates may be assessed for the relief of the poor ; and after the tithe commissioners shall have certified in writing that such money has been paid, the overseers of the parish, or any person authorized by them in writing, or any officer of the said board of guardians, or any person authorized by them in writing, shall at all reasonable times have access to the copy of the said map or plan deposited with the incumbent and church or chapel wardens of the parish, or other persons approved by the said tithe commissioners, and may inspect and make copies or extracts from the said copy, without paying anything for such access or inspection, or for making such copies or extracts. " XIV. And whereas by the first-recited act power is given for altering appor- tionments of rent-charge by the commissioners of land tax, on the application of the owner of the lands charged therewith, and it is expedient that the power there- by given should be extended, and also that during the continuance of the tithe commission the like power should be vested in the tithe commissioners; be it enacted, that if at any time after the confirmation of any instrument of apportion- ment it shall appear that the lands charged with one entire rent-charge belong to or have become vested in several owners, and that any of the owners of such lands shall be desirous that the apportionment thereof should be altered, it shall be law- ful for the commissioners of land tax for the county or place where the said lands are situated, or any three of them, to appoint, by notice under their hands, a time and place for hearing the parties to such application, and all other parties interested therein ; and upon satisfactory proof of such notice having been served on all par- ties interested full twenty-one days before the day of hearing, to proceed to alter the apportionment in such manner and in such proportion amongst the said lands as to them shall seem just, subject nevertheless to the consent of two justices of the peace, as in the said first-recited act provided ; and further, that upon such applica- tion being made to the said tithe commissioners, they shall have the same power of making such alteration as by the said first-recited act and by this act is vested in the commissioners of land tax, and that without any such consent of two justices of the peace; provided, that no alteration of any apportionment shall be made under the first-recited act or this act whereby any rent-charge shall be subdivided, so that any subdivision thereof shall be less than five shillings. " XV. And whereas it is expedient to make further provision for recording all such alterations of apportionment ; be it enacted, that the registrar of every diocese, as soon as conveniently may be after the passing of this act, shall cause to be made and sent to the office of the tithe commissioners a copy, certified under his hand, of every instrument of altered apportionment in his custody which was made before the passing of this act, the reasonable cost of making and sending which copy shall be defrayed by the tithe commissioners as part of the expense of putting in execu- tion the acts for the commutation of tithes ; and after the passing of this act three counterparts shall be made of every instrument of altered apportionment at the expense of the landowner desiring the alteration ; and two of the said counterparts shall be sent as provided by the first-recited act, and the third shall be sent to or deposited in the office of the tithe commissioners, or, after the expiration of the tithe commission, shall be sent to and kept by the person having custody of the records and papers of the said commission, and shall be annexed to the instrument of apportionment in the custody of the said commissioners, or the person having the custody of their records and papers. " XVI. And be it enacted, that in case any land charged with one amount of rent-charge shall belong to two or more landowners in several portions, and the Stat. 5 & 6 Vict. c. 54. Power in cer- tain cases to use tithe coin- mutation maps for parochial purposes. Power to alter apportion- ments. Copy of instru- ment of altered apportionment to be sent to tithe office. Remedy for enforcing pay- 2174 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 54. merit of con- tribution to rent -charge. Service of summons, &c. Provision for general avowry in actions of replevin for rent-charge. Irregularity not to vitiate proceedings. Act to be con- strued with 6 & 7 Gul. 4, c. 71. Application of certain pro- visions. owner of any one of such portions, or his tenant, shall have paid the whole of such rent-charge, or any portion thereof greater than shall appear to him to be his just proportion, and contribution thereto shall have been refused or neglected to be made by any other of the said landowners, or his tenant, after a demand in writing made on them, or either of them, for that purpose, it shall be lawful for any jus- tice of the peace acting for the county or other jurisdiction in which the land is situated, upon the complaint of any such landowner, or his tenant or agent, to summon the owner so refusing or neglecting to make contribution, or his tenant, to appear before any two or more such justices of the peace, who, upon proof of the demand and of service of the summons, as hereinafter provided, whether or not the party summoned shall appear, shall examine into the merits of the complaint, and determine the just proportion of the rent-charge so paid as aforesaid which ought to be contributed by the landowner of such other portion of the said land, and by order under their hands and seals shall direct the payment by him of what shall in their judgment be due and payable in respect of such liability to contribution, with the reasonable costs and charges of such proceedings, to be ascertained by such justices; and thereupon it shall be lawful for the complainant to take the like proceedings for enforcing payment of the said amount of contribution and costs, and with the like restriction as to the arrears recoverable, as are given to the owner of the rent-charge by the said first-mentioned act or this act for enforcing payment of the rent-charge. " XVII. And be it enacted, that service of the said demand in writing, and summons, or of any notice to distrain, or copy of writ to assess the arrears of rent- charge, or notice of the execution thereof under the said first-recited act, or the several acts to amend the same, or this act, upon any person occupying or residing on the land chargeable with the rent-charge, or in case no person shall be found thereon, then affixing the same in some conspicuous place on the land, shall be deemed good service of any such summons, notice, writ, or other proceeding. " XVIII. And be it enacted, that it shall be lawful for all defendants in replevin, brought on any distress for rent-charge payable under the said first-recited act, or the several acts to amend the same, or this act, to avow or make cognizance generally that the lands and tenements whereon such distress was made were chargeable with or liable to the payment of a certain yearly amount of rent-charge under the provisions of the statutes for the commutation of tithes in England and Wales, which rent-charge, or some part thereof, was in arrear and unpaid for the space of twenty-one days next after some half-yearly day of payment thereof, and after ten days notice in writing, as required by the said acts, and that a certain amount of such rent-charge, according to the prices of corn, as directed by the said acts, was at the time of the said distress due to the person entitled to the rent- charge. " XIX. And be it enacted, that where any distress shall be made for any rent- charge payable under the said recited acts or any of them, or this act, and justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining, or his agent, in the conduct, sale, or disposition of the distress, the dis- tress itself shall not be therefore deemed to be unlawful, nor the party making it deemed a trespasser from the beginning, but the party aggrieved by such unlawful act or irregularity may recover full satisfaction for the special damage in an action upon the case ; provided nevertheless, that no plaintiff shall recover in any action for any such unlawful act or irregularity, if ten days notice in writing shall not have been given to the defendant by the plaintiff of his intention to bring such action before the commencement thereof, or if tender of sufficient amends has been made by the party distraining, or his agent, before such action brought, or if after action Drought a sufficient sum of money shall have been paid into court, with costs, by or on behalf of the defendant. " XX. And be it enacted, that this act shall be construed with and as part of the first-recited act, as amended by the several acts passed for the amendment thereof and by this act ; and that all provisions in any of the said acts relating to land of copyhold tenure shall apply to land of customary tenure, or any other tenure subject to arbitrary fine; and that all provisions in the 9aid acts or in this STATUTA VICTORIA. A.D. 1837—1844. 2175 act relating to glebe land shall apply to all land holden by any spiritual person in Stat. 5 right of his benefice. " XXI. And be it enacted, that this act may be amended or repealed by any Act may be act to be passed in this session of parliament." amended. CXVI. Stat. 5 & 6 Victoria, c. 58. A.D. 1842. "An Act for further suspending, until the first day of October, One thousand eight hundred and forty-three, the Operation of the new Arrangement of Dioceses, so far as it affects the existing Ecclesiastical Jurisdictions" " Whereas an act was passed in the seventh year of the reign of his late majesty, intituled, 'An Act for carrying into effect the Reports of the Commis- sioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage ;' and the said act contains certain temporary provisions relating to the state and jurisdiction of all the ecclesiastical courts in England and Wales : and whereas the said temporary provisions, having been from time to time continued by certain other acts of parliament, were further continued, together with a further provision respecting the visitations of bishops and archdeacons, and now stand continued by an act passed in the fifth year of her majesty's reign, intituled, 'An Act to explain and amend two several Acts relating to the Ecclesiastical Commissioners for England,' until the first day of August next, and, if parliament shall be then sitting, until the end of the then session of parlia- ment : and whereas it is expedient that the said temporary provisions, and such further provisions as aforesaid, should be further continued for a limited time : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parlia- ment assembled, and by the authority of the same, that so much of the last-recited act as relates to the said temporary provisions, and to the visitations of bishops and archdeacons, shall continue and be in force until the first day of October in the year one thousand eight hundred and forty-three. " II. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." Stat. 5 & fi Vict. c. 58. 6 & 7 Gul. 4, c. 77, ss. 20 & 25. 4 & 5 Vict, c. 39, s. 28. Existing eccle- siastical courts not to be affected by- diocesan changes for another year. Act may be amended this CXVII. Stat. 5 k 0 Victoria, cap. lxt. [^Ireland.]] A.D. 1842. Stat. 5 & 6 "An Act for authorizing the Conveyance of a Piece of Land upon which a Church at VlCT- ^AP- Kingstown, in the County and Diocese of Dublin and Parish of Monkstown, has been erected, and for providing for the due Celebration of Divine Service in the said Church, and for assigning a District thereto" CXVIII. Stat. 5 & 6 Victoria, c. 65. A.D. 1842. Stat. 5 & 6 "An Act to divide the Forest of Dean, in the County of Gloucester, into VlCT« c« 65« Ecclesiastical Districts" " Whereas her majesty's forest of Dean in the hundred of Saint Briavel's, in the county of Gloucester, is extra-parochial, and contains a population of ten thousand persons and upwards, and it is expedient that such part thereof as is after men- tioned should be divided into ecclesiastical districts, in order to enable the spiritual persons who may serve the churches or chapels therein to perform all ecclesiastical duties within such districts, and for the due ecclesiastical superintendence of such districts, and the preservation and improvement of the religious and moral habits of the persons residing therein ; and whereas three churches or chapels have been built within the said forest, which have been set apart and consecrated for the per- formance of divine service according to the rites and ceremonies of the united church of England and Ireland as by law established, (that is to say,) Christchurch chapel, Holy Trinity chapel, and Saint Paul's chapel ; and it is intended to build a church or chapel for the performance of divine service, according to the rites and ceremonies of the said united church aforesaid, at or near Cinderford in the said 2176 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & G forest, by and out of funds subscribed or to be subscribed by certain well-disposed Vict. c. 65. individuals ; and whereas Christchurch chapel was built from funds voluntarily contributed ; and the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy having granted certain monies to the said chapel, part of the same were invested in lands by the said governors for the aug- mentation of the endowment of the said chapel, and the remainder was invested by the said governors, in their names, in the purchase of the sum of one hundred and seventeen pounds thirteen shillings and seven-pence three per centum reduced bank annuities, for the augmentation of the endowment of the said chapel ; and whereas the annual income of the said chapel, after deducting the usual outgoings, is one hundred and eighteen pounds ten shillings and sixpence, or thereabouts; and whereas the chapel of the Holy Trinity was built from funds collected by volun- tary contributions, and was augmented by the said governors with the sum of two thousand two hundred pounds out of the parliamentary grant, to which the sum of one hundred pounds was added by the minister of the said chapel, and the sum of one hundred pounds was added by the Pynecombe charity, and the further sum of three hundred pounds was added by the governors of the bounty of Queen Anne? making together the sum of two thousand seven hundred pounds, which was invested in the purchase of three thousand and fifty-five pounds three shillings and two-pence three per centum reduced bank annuities, now standing in the names of the said governors, producing annually the sum of ninety-one pounds thirteen shil- lings ; and whereas Saint Paul's chapel was built from funds voluntarily contri- buted, and the endowment of the minister thereof consists of the sum of two thou- sand four hundred and eighty-nine pounds seven shillings and ten-pence three per centum reduced bank annuities, standing in the names of the governors of the bounty of Queen Anne, producing an annual income of seventy-four pounds thir- teen shillings and sixpence ; and whereas five acres of land, parcel of the heredi- tary revenues of the crown, were granted to trustees for the purposes of the sites of each of the said three chapels and the burial grounds thereof respectively, and for the sites of the residences of the ministers thereof, and otherwise for their benefit respectively ; and whereas in the year one thousand eight hundred and thirty the sum of eight hundred and forty-three pounds fifteen shillings sterling was invested by the commissioners of his majesty's woods, with consent of the commissioners of the Treasury, in the purchase of the sum of one thousand pounds three per centum consolidated bank annuities, in the names of the then first commissioner of his majesty's woods and the Bishop of Gloucester, upon trust for the purpose for ever thereafter to apply the dividends of such stock towards the repairs of the fabrics of the said three ehapels so built as aforesaid ; and whereas on the endowing the said chapel of Saint Paul the right of presentation of the minister thereto was reserved to the Bishop of Gloucester for the time being, and the said chapel is now served by a minister or curate appointed by the said bishop ; and whereas the right of patronage or nomination to the said chapels of Christchurch and Holy Trinity is now vested in the Right Honourable Nicholas Baron Bexley, and the Right Honour- able George Gough Baron Calthorpe, and the Reverend Charles Bryan, clerk, the majority of whom, in consideration of the addition to the endowment to the said chapels by virtue of this act, have consented that the patronage of the said chapels shall for ever hereafter be vested in her majesty, her heirs and successors ; and whereas, in order to provide a decent maintenance for the ministers of the said three chapels so built, and of the said chapel intended to be built at Cinderford, it is expedient that the commissioners of her majesty's woods, forests, land revenues, works, and buildings for the time being, for and on behalf of her majesty, should be authorized to make such additional endowments to the said three chapels, so as to make up the net annual income of the ministers thereof respectively to the annual sum of one hundred and fifty pounds, as after mentioned, and also to endow the said chapel to be built at Cinderford with the annual sum of one hundred and fifty pounds, as after mentioned ; may it therefore please your majesty that it may be enacted ; and be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this STATUTA VICTORIiE. A.D. 1887— 1844. 2177 present parliament assembled, and by the authority of the same, that her majesty's commissioners for building new churches shall, within two years from the passing of this act, with the consent of the Bishop of Gloucester and Bristol for the time being, (within whose diocese the said forest is,) and of any two of the commis- sioners of her majesty's woods, forests, land revenues, works, and buildings, to be signified in writing under their hands and seals, divide all such part of the said forest of Dean and hundred of Saint BriavePs, as is extra-parochial, and bounded on or towards the north by the parishes of Ruardean, Hope Mansel, Weston-under- Penyard, and Lea, on or towards the north-east by the parishes of Mitchel Dean and.Abinghall, on or towards the east by the parishes of Flaxley, Westbury, New- land, Little Dean, the hamlet of Lea, the said parish of Flaxley, and the said parish of Little Dean, on or towards the east by the parish of Newnham, on or towards the south-east by the parishes of Awre and Lydney, on or towards the south, south-west, and part west by the parish of Newland, and on or towards the west and north-west by the parish of English Bicknor, into separate districts for eccle- siastical purposes, and shall set out such districts by metes and bounds ; and one of such districts shall contain the said chapel of Christchurch, and shall be called the ecclesiastical district of Christchurch ; one other of such districts shall contain the said chapel of Holy Trinity, and shall be called the ecclesiastical district of Holy Trinity; one other of such districts shall contain the said chapel of Saint Paul, and shall be called the ecclesiastical district of Saint Paul ; and one other of such dis- tricts shall contain the said chapel to be built at Cinderford aforesaid, and shall be called the ecclesiastical district of Saint John; and the instrument ascertaining and setting out the said districts shall be registered in the registry of the Bishop of the diocese of Gloucester and Bristol, and enrolled in the office of Land Revenue Records and Enrolments ; and when such instrument shall have been so registered and enrolled, the said districts shall be taken and considered as ecclesiastical dis- tricts attached to the said chapels therein respectively, in all respects as if the same districts had been divided and made by her majesty's commissioners for building new churches under the powers vested in them by law; and all laws and provisions applicable or to be made applicable to district parishes, set out and divided by such commissioners, shall apply to the districts so to be set out in pursuance of this act, save and except as is otherwise provided for by this act ; provided always, that until the said intended chapel at Cinderford has been built and consecrated, her majesty's commissioners for building new churches shall not assign an ecclesias- tical district thereto ; and if such intended chapel shall not be built and conse- crated within two years from the passing of this act, it shall in that case be lawful for the said commissioners, and they are hereby required, to assign such ecclesias- tical district within two years after such intended chapel has been built and con- secrated. "II. And be it enacted, that the said chapels to which the said districts shall be assigned shall, from and after such registry and enrolment, be deemed perpetual curacies, and the ministers of the said chapels shall be perpetual curates of such districts ; and each of such curacies shall be considered in law as a benefice presen- tative, so far only as that the licence thereto shall operate in the same manner as institution to any such benefice, and shall render voidable other livings in like manner as institution to any such benefice ; and the spiritual persons now or here- after serving the same shall be considered as the incumbents thereof respectively ; and such incumbents thereof, from the time of such registry and enrolment as aforesaid, shall have perpetual succession, and shall be and are hereby declared to be bodies politic and corporate, and may receive and take endowments in land or tithes, or both, or any such augmentation as shall be granted to them or their suc- cessors ; and all lands and other endowments now vested in any trustees or trus- tee for the ministers of the said chapels respectively, (other than the said funds in the names of the said governors of the bounty of Queen Anne,) and the said chapels and burial grounds, and the sites thereof, shall, from and after such registry and enrolment as aforesaid, be vested in the ministers of the said chapels respectively, and their successors respectively, for ever, in the same manner as the 6 Z Stat. 5 & 6 Vict. c. 65. The commis- sioners for building new churches to divide the forest of Dean into ecclesias- tical districts. The chapels to which districts shall be as- signed to be perpetual curacies, and incumbents to have perpetual succession, and empow- ered to receive endowments in land or tithes. 2178 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 65. Marriages, baptisms, burials, &c. may be so- lemnized in the chapels. The commis- sioners of woods, on behalf of her majesty, to augment the endowments of the three ex- isting chapels and to endow an intended new chapel when built and consecrated. same would be vested in the incumbent of a parish ; and all laws in force relating to ecclesiastical property shall apply to such premises ; and all persons presenting or appointing any such incumbents shall respectively be subject to all jurisdictions and laws, ecclesiastical or common, and to all provisions, regulations, penalties, or forfeitures contained in any act of parliament from time to time in force relating thereto ; and in case of any failure in presenting or nominating any such incum- bent for the space of six calendar months, such presentation or appointment shall lapse, as in cases of actual benefices ; and all the said chapels shall be subject to the jurisdiction of the Bishop of Gloucester and Bristol and the Archdeacon of Glou- cester, and shall be within the forest deanery. " III. And be it enacted, that marriages, baptisms, churchings, and burials may be solemnized and performed in the said chapels, and fees, to be from time to time fixed and allowed by the Bishop of Gloucester and Bristol for the time being, may be taken for the same by the respective incumbents for the time being of the said chapels and intended chapel, and all acts of parliament, laws and customs relating to publishing banns of marriage, marriages, christenings, churchings, and burials, and the registering thereof, and to all ecclesiastical fees, oblations, and offerings, shall apply to such districts, when the same shall be registered and enrolled as aforesaid, in like manner in every respect as if the same districts were ancient and distinct parishes, and the said chapels and intended chapel were respectively parish churches in law, to all intents and purposes. " IV. And be it enacted, that the commissioners of her majesty's woods, forests, land revenues, works, and buildings shall, by and out of any monies which may from time to time be at the disposal of the said commissioners, purchase, in the names of the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, such a sum of the stock called three per centum reduced bank annuities as will be sufficient when purchased to produce the annual dividend of thirty-one pounds nine shillings and sixpence, and such stock shall for ever thereafter form part of the endowment of the said chapel of Christchurch, and the dividends thereof be paid to the minister or perpetual curate of such chapel or benefice ; and further shall purchase, in the names of the aforesaid governors, such a further sum of the said stock as will be sufficient when purchased to produce the annual dividend of fifty-eight pounds seven shillings, and such stock shall for ever thereafter form part of the endowment of the said chapel of the Holy Trinity, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice ; and further shall purchase, in the names of the said governors, such a further sum of the said stock as will be sufficient when purchased to produce the annual dividend of seventy-five pounds six shillings and sixpence, and such stock shall for ever thereafter form part of the endowment of the said chapel of Saint Paul, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice, to the end that the endowments of the said three chapels may be augmented so as to produce the annual sum of one hundred and fifty pounds each; and shall, (when and after the said chapel at Cinderford shall have been built and consecrated,) purchase, in the names of the aforesaid governors, such a further sum of the said stock as will be sufficient when purchased to pro- duce the annual dividend of one hundred and fifty pounds, and the dividends thereof be paid to the minister or perpetual curate of the said chapel or benefice ; and all such several endowments may be sold, and the produce thereof applied in all respects as the governors of the bounty of Queen Anne are authorized to dispose of any funds appropriated by them to the augmentation of the endowment of any benefice ; and until such stocks shall be so purchased the said commissioners of her majesty's woods, forests, land revenues, works, and buildings shall, on behalf of her majesty, out of any monies which may be from time to time at their disposal, pay the said annual sums of thirty-one pounds nine shillings and sixpence, fifty-eight pounds seven shillings, seventy-five pounds six shillings and sixpence, and one hundred and fifty pounds, half-yearly to the said governors, to be applied in the same manner as is before directed with respect to the dividends of the said sums of stock so to be purchased as aforesaid ; such payments, as regards the three existing STATUTA VICTORIA. A.D. 1837—1844. 2179 chapels of Christchurch, Holy Trinity, and Saint Paul, to commence from the Stat. 5 & 6 passing of this act, and as regards the intended chapel at Cinderford, to commence ^ ICT- c. 65. from and after the time that the same shall have been built and consecrated, and a minister or curate presented and inducted thereto, and to continue until the pur- chase of such stock. " V. And be it enacted, that the said commissioners of her majesty's woods, Commissioners forests, land revenues, works, and buildings shall, out of such monies as aforesaid, of woods to when the said chapel at Cinderford aforesaid shall have been built and consecrated, ^^ent^^ purchase the sum of three hundred and thirty-three pounds six shillings and eight gg^apart for pence three per centum consolidated bank annuities, in the names of the first com- the mainte- missioner of woods and the Bishop of Gloucester and Bristol for the time being, and nance and which said sum of three hundred and thirty-three pounds six shillings and eight rfPair '°* tne pence, and the said sum of one thousand pounds, like stock, so nowT standing in the names of the said first commissioner and the said bishop, shall be held upon trust to apply the dividends thereof as a fund for the maintaining and repairing the fal tries of the aforesaid three chapels, and the said chapel at Cinderford, when built and consecrated, such dividends to be applied in equal shares ; and any part of such dividends may, at the discretion of such first commissioner and bishop, be applied in insuring the said chapels, or any of them, from loss or damage by fire. " VI. And be it enacted, that it shall be lawful for the said commissioners of Commissioners her majesty's woods, forests, land revenues, works, and buildings, or any two of of woods may them, on behalf of her majesty, her heirs and successors, to grant to the respective maHe §ranJs ministers of the said chapels, and their successors respectively, any part of the sites of existing hereditary revenues of the crown within the said forest, to be appropriated for the burial grounds, said chapels, as after mentioned; (that is to say,) any part not exceeding one acre and of intended for each of the said three chapels already built, to be applied for the purpose of burfsQ1 Ground increasing the sites of the burial grounds thereto belonging, and any part not and parsonage exceeding six acres as a site for the intended chapel at Cinderford and the burial house, &c. ground thereof, and the parsonage house and garden for the minister thereof. Patronage of "VII. And be it enacted, that the right of patronage or nomination of or to the Christchurch, said chapel of Christchurch, and of or to the said chapel of Holy Trinity, and of or Hc^ Trm}tlt xi . i , * ,_ , _ J , and intended to the said new chapel to be built at Cinderford, shall be for ever vested in the new chapel, queen's most excellent majesty, her heirs and successors. vested in her "VIII. And be it enacted, that the right of patronage or nomination to the said majesty. chapel of Saint Paul shall be vested in the Lord Bishop of Gloucester and Bristol Patronage of and his successors for ever. Samt Paul's- k' IX. Saving always to the queen's most excellent majesty, her heirs and Saving rights successors, all such estate, right, title, interest, privilege, prerogative, and benefit, of the crown. (other than and except the rights and interests hereby expressly varied, barred, destroyed, or extinguished,) as she or they had or enjoyed in, to, or out of or from the said forest, and every part thereof, before the passing of this act, or could or might have held or enjoyed in case this act had not been passed. Act ma be " X. And be it enacted, that this act may be amended or repealed by any act to amended this be passed in this present session of parliament." session. CXIX. Stat. 5 & 6 Victoria, c. 79. A.D. 1842. Stat. 5 & 6 "An Act to repeal the Duties payable on Stage Carriages and on Passengers con- ^ 1CT" C* reyed upon Railways, and certain other Stamp Duties in Great Britain, and to grant other Duties in lieu thereof; and also to amend the Laws relating to the Stamp Duties." "Whereas by an act passed in the second and third years of the reign of her o & 3 Vict, present majesty, intituled, 4 An Act to reduce certain of the Duties now payable on c. 66. Stage Carriages,' certain duties contained in the schedule to the said act anuexed were granted and imposed, and are now payable for and in respect of every mile which a stage carriage shall be licensed to travel ; and whereas by an act passed in the second and third years of the reign of his late majesty King William the 2 & 3 Gul. 4, Fourth, intituled, 'An Act to repeal the Duties under the Management of the Commissioners of Stamps, on Stage Carriages, and on Horses let for hire in Great C Z -i c. 120. STATUTA VICTORIA. A.D. 1837-1844. Britain, and to grant other Duties in lieu thereof ; and also to consolidate and amend the Laws relating thereto,' certain duties contained in the schedule (A) to the last-mentioned act annexed were granted for and in respect of every licence for keeping, using, and employing any stage carriage, and for and in respect of all passengers conveyed for hire along any railway in Great Britain in or upon car- riages drawn or impelled by the power of steam or otherwise : and whereas by an act passed in the fifty-fifth year of the reign of King George the Third, intituled, 'An Act for repealing the Stamp Duties on Deeds, Law Proceedings, and other written or printed Instruments, and the Duties on Fire Insurances, and on Legacies and Successions to Personal Estate upon Intestacies, now payable in Great Britain; and for granting other Duties in lieu thereof,' certain stamp duties were granted and imposed, amongst others, upon bills of lading and charter-parties in Great Britain, and upon instruments of collation, donation, presentation, and institution of and to any ecclesiastical benefice, dignity, or promotion in England, and upon certain licences hereinafter mentioned ; and it is expedient that all the said duties should be repealed, and others granted in lieu thereof; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act the aforesaid duties granted and imposed by the said act passed in the second and third years of her majesty's reign for and in respect of every mile which any stage carriage shall be licensed to travel, and the aforesaid duties granted and imposed by the said act passed in the second and third years of the reigu of his late majesty King William the Fourth, for and in respect of every licence for keeping, using, or employing any stage carriage, and for and in respect of passen- gers conveyed for hire along any railway in Great Britain, and the duties herein- after mentioned, granted and imposed by the said act passed in the fifty-fifth year of the reign of King George the Third, (that is to say,) the duty of three shillings upon any bill of lading of or for any goods, merchandize, or effects to be exported or carried coastwise, and the several duties of one pound fifteen shillings and one pound five shillings upon any charter-party, or any agreement or contract for the charter of any ship or vessel, or any memorandum, letter, or other writing between the captain, master, or owner of any ship or vessel, and any other person, for or relating to the freight or conveyance of any money, goods, or effects on board of such ship or vessel, and the several and respective duties of twenty pounds and ten pounds upon any collation, donation, or presentation of or to any ecclesiastical benefice, dignity, or promotion in England, and the several and respective duties of two pounds, thirty pounds, and fifteen pounds upon any institution in and to any ecclesiastical benefice, dignity, or promotion in England, and the duty of two pounds upon any licence which shall pass the seal of any archbishop, bishop, chan- cellor, or other ordinary, or of any ecclesiastical court in England, so far as relates to any licence to hold a perpetual curacy in England, not proceeding upon a nomi- nation, shall severally cease and determine, and the same shall be and are hereby repealed, save and except such of the said respective duties, or so much and such part or parts thereof respectively as shall have become due or payable or have been incurred before or upon the day appointed for the commencement of this act with regard to such duties respectively, all which said duties or parts of duties so due or incurred, or remaining to be paid as aforesaid, shall be recoverable by the same ways and means, and with and under the same penalties, and in the same manner, in all respects, as if this act had not been made. "II. And be it enacted, that in lieu of the duties by this act repealed there shall be raised, levied, collected, and paid, unto and for the use of her majesty, her heirs and successors in and throughout Great Britain, for and in respect of every licence for keeping, using, or employing any stage carriage in Great Britain, and for and in respect of every stage carriage, and for and in respect of the passengers conveyed upon any railway, and also for and in respect of the several instruments, matters, and things mentioned and described in the schedule to this act annexed, or for or in respect of the vellum, parchment, or paper upon which such instruments, STATU T A VICTORIA. A.D. 1837— 1B44. 2181 matters, and things, or any of them, shall be written or printed, the several duties Stat. 5 & 6 or sums of money set down in figures against the same respectively, or otherwise VlCT- c- 79- specified and set forth in the same schedule ; and that the said schedule shall be To be under deemed and taken to be a part of this act ; and that all the said duties shall be ^n™m™S" under the care and management of the commissioners of stamps and taxes for the gtampS ana time being, and shall be denominated and deemed to be stamp duties. taxes. " XXIII. And whereas by the said recited act of the fifty-fifth year of the ^ return of reign of King George the Third the commissioners of the Treasury are authorized duty on pro- to allow time for making claims for a return of stamp duty paid upon probates of {j^jjj^0 wills and letters of administration in cases where an executor or administrator rgS™*te0J hath paid debts out of the personal or moveable estate of any deceased person, and debts, if it is expedient to authorize the commissioners of stamps and taxes to allow time claimed in for making such claims ; be it therefore enacted, that where it shall be proved by three years* oath and proper vouchers, to the satisfaction of the said commissioners of stamps and taxes, that an executor or administrator hath paid debts due and owing from the deceased, and payable by law out of his or her personal or moveable estate, to such an amount as, being deducted from the amount or value of the estate and effects of the deceased for or in respect of which a probate or letters of administra- tion shall have been granted in England after the thirty-first day of August, one thousand eight hundred and fifteen, or which shall be included in any inventory duly exhibited and recorded after that day in a commissary court in Scotland, shall reduce the same to a sum which, if it had been the whole gross amount or value of such estate or effects, would have occasioned a less stamp duty to be paid on such probate or letters of administration or inventory than shall have been actually paid thereon, it shall be lawful for the said commissioners of stamps and taxes and they are hereby required to return the difference, provided the same shall be claimed within three years after the date of such probate or letters of administration, or the recording of such inventory as aforesaid ; but where, by reason of any proceeding at law or in equity, the debts due from the deceased shall not have been ascertained and paid, or the effects of the deceased shall not have been recovered and made available, and in consequence thereof the executor or administrator shall be prevented from claiming such return of duty as aforesaid within the said term of three years, it shall be lawful for the said commissioners of stamps and taxes to allow such further time for making the claim as may appear to them to be reasonable under the circumstances of the case." Schedule. And also the duties on the instruments, matters, and things herein men- tioned and described ; (that is to say,) Duty. £ *. d. Collation or appointment by any archbishop or bishop to any cathedral, pre- bend, dignity, office, or honorary canonry, having no endowment or emolu- ment attached or belonging thereto 2 0 0 Collation by any archbishop or bishop to any ecclesiastical benefice, dignity, or promotion in England, other than as aforesaid 7 0 0 And where the net yearly value of such benefice, dignity, or promotion shall amount to 300/. or upwards, then for every 100/. thereof, over and above the first 200/., a further duty of. 5 0 0 Donation or presentation by her majesty, or her heirs or successors, of or to any ecclesiastical benefice, dignity, or promotion in England 5 0 0 And where the net yearly value of such benefice, dignity, or promotion shall amount to 300/. or upwards, then for every 100/. thereof, over and above the first 200/., a further duty of 5 0 0 Institution granted by any archbishop, bishop, chancellor, or other ordinary, or by any ecclesiastical court, to any ecclesiastical benefice, dignity, or pro- motion in England : Where the same shall proceed upon a presentation 2 0 0 2182 STATUTA VICTORIAS. A.D. 1837—1844. Stat. 5 & 6 And where it shall proceed upon the petition of the patron to be himself £ g. d. Vict. c. 79. admitted and instituted 7 o 0 And if in the latter case the net yearly value of such benefice, dignity, o promotion shall amount to 300/. or upwards, then for every 100/. thereof, over and above the first 200/., a further duty of 5 0 0 Note. — The value of such benefice, dignity, or promotion in any and every of the cases aforesaid to be ascertained by the certificate of the ecclesiastical commissioners for England: provided always, that two or more benefices episcopally or permanently united shall be deemed one benefice only. Licence to hold a perpetual curacy not proceeding upon a nomination 3 10 0 Stat. 5 & 6 Vict. c. 82. Marriage licences ex- empt, if not special. Duties granted as specified in schedule annexed. cxx. Stat. 5 & 6 Victoria, c. 82. Every notary public in Ire- land to deliver a note con- taining his place of abode, &c. to the stamp office in Dublin, and take out a certificate yearly. Penalty for acting without a certificate, 50/. Any notary or attorney, &c. delivering in a false note as to his resi- A.D. 1842. "An Act to assimilate the Stamp Duties in Great Britain and Ireland, and to make Regulations for collecting and managing the same, until the tenth day of October, One thousand eight hundred and forty-Jive" " IV. Provided also, and be it enacted, that no licence for marriage in Ireland, if not special, shall be liable to any stamp duty. " VI. And be it enacted, that from and after the commencement of this act, in lieu and instead of certain other of the duties by this act repealed, there shall be granted, raised, levied, collected, and paid, in Ireland, unto and for the use of her majesty, her heirs and successors, for and in respect of the several instruments, articles, matters, and things mentioned, enumerated, and described in the schedule to this act annexed, (except those standing under the head of 'exemptions,') the several sums of money and duties respectively inserted, described, and set forth in words and figures against the same respectively in the said schedule ; and that the said schedule, and every clause, regulation, matter, and thing therein respectively contained, shall be deemed, taken, and considered as part of this act. " XV. And be it enacted, that every person who shall act as a notary public in Ireland shall annually, before he shall so act, deliver or cause to be delivered to the proper officer at the stamp office in Dublin a paper or note in writing contain- ing the name and usual place of residence of such person, and stating whether he has been admitted or enrolled, or authorized to act, or has acted, as a notary public three years or not ; and thereupon, and upon payment of the duty which shall then be by law imposed upon him in respect of such certificate as is herein men- tioned, according to the place of his residence, and the time he shall have been admitted or enrolled, or authorized to act or has acted, as a notary public, as stated in such paper or note, every such person shall be entitled to a certificate, duly stamped, to denote the payment of the said duty by him, describing him in such certificate according to the description contained in the said note so given in by him, which certificate the commissioners of stamps and taxes, or their proper officer, shall cause to be forthwith issued under the hand of such officer, in such manner and form as the said commissioners shall devise ; and every such certifi- cate shall bear date on the day on which the same shall be issued, and shall be in force from such day until the twenty -fifth day of March next following ; and if any person required by this act to obtain such annual certificate as aforesaid shall, after the twenty-fifth day of March, one thousand eight hundred and forty-three, act as a notary public, or do or perform any notarial act whatever, without having obtained and having such certificate then in force, he shall forfeit for every such offence the sum of fifty pounds, and be incapable of maintaining any action or suit in any court of law or equity for the recovery of any fee, reward, or disbursement on account of any business done by him as a notary public without having such certificate. " XVI. And be it enacted, that if any notary public, or any attorney, solicitor, proctor, agent, or procurator, or any sworn clerk, clerk in court, or other clerk or officer required by law to take out an annual certificate, shall deliver in, or cause to be delivered in, to the commissioners of stamps and taxes, or to their officer, at STATUTA VICTORIA. A.D. 1837—1844. 2183 the stamp office in Dublin, any paper or note in writing containing a place of resi- dence as the place of his residence, contrary to the directions of this act, or any other act requiring the same, or which shall not be the true place of his residence within the intent and meaning of this act, or containing any statement, matter, or thing which shall not be true, with intent to evade the payment of the higher duty by this act granted on certificates to be taken out by attorneys and others, every such person shall for every such offence forfeit the sum of fifty pounds : provided always, that, to prevent evasion of such higher duties, if any person required to obtain any such certificate shall ordinarily carry on his business within the city of Dublin, or within the distance of three miles therefrom, or shall, for the space of forty days or more in any one year, reside within the limits aforesaid, every such person shall be deemed to be resident within such limits within the true intent and meaning of this act, and shall be liable to the higher duties hereby imposed on such certificates, notwithstanding he may at other times in such year reside elsewhere without the limits aforesaid ; and provided that any certificate taken out by any person as aforesaid chargeable with or upon payment of a lower duty than is hereby required or ought to be paid shall not be deemed to be a certificate within the meaning of this or any other act, but the same shall be null and void. " XXXV. And for better securing the duties on probates of wills and letters of administration by this act granted, be it enacted, that from and after the com- mencement of this act, if any person shall take possession of and in any manner administer any part of the personal estate and effects of any person deceased, with- out obtaining probate of the will or letters of administration of the estate and effects of the deceased within six calendar months after his decease, or within two calendar months after the termination of any suit or dispute respecting the will or the right to letters of administration, if there shall be any such, which shall not be ended within four calendar months after the death of the deceased, every person so offending shall forfeit the sum of one hundred pounds, and also a further sum at and after the rate of ten pounds per centum on the amount of the stamp duty payable on the probate of the will or letters of administration of the estate and effects of the deceased. " XXXVI. And be it enacted, that it shall be lawful for the commissioners of stamps and taxes, and they are hereby required to provide a stamp, distinguishable from all other stamps, for the purpose of stamping any piece of vellum, parchment, or paper, whereon any probate of a will or letters of administration shall be ingrossed, printed, or written in relation to any estate in respect whereof any former probate or letters of administration shall have been taken out, and the full amount of the duties payable thereon by any act or acts then in force, according to the full value of such estate, shall have been duly paid and discharged ; and in every case where any probate or letters of administration shall have been taken out, duly stamped according to the full value of the estate in respect whereof the same shall have been granted, then and in such case any further or other probate or letters 01 administration which shall be at any time thereafter applied for in respect of such estate shall and may be issued and granted upon any piece of vellum, parchment, or paper stamped with the stamp provided by the said commissioners in pursuance of this act, for such other probate or letters of administration as aforesaid ; and every such other probate or letters of administration, which shall be duly stamped with such stamp as last aforesaid, shall be as available in the law, and of the like force and effect in all respects whatever, as if the vellum, parchment, or paper whereon the same shall be ingrossed, printed, or written had been duly stamped with the stamp denoting the full amount of the duties payable in respect of the probate or letters of administration taken out on the full value of such estate. " XXXVII. And be it ^enacted, that the duties by this act granted on legacies and on successions, and on residues and shares of residues, given by the wills or passing by the intestacies of persons deceased, and payable out of their personal estate, shall be accounted for, answered, and paid by the person having or taking the burden of the execution of the will or other testamentary instrument, or the administration of the personal estate of any person deceased, upon retainer for his Stat. 5 & 6 Vict. c. 82. dence, &c. with intent to evade the higher duties, to forfeit 50/. What shall be deemed a resi- dence within the limits re- quiring the higher duties. Penalty for not proving wills or taking out letters of ad- ministration, 100/., and 10/. per centum on the duty. Stamp to be provided for marking pro- bates, &c. relating to any estate in re- spect whereof probate, &c. shall have been before taken out and the proper duty paid thereon. Legacy duty to be paid by executors or administrators on retaining or paying lega- cies. 2184 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 82. If duty be not paid, although deducted by the executor, the amount to be a debt to her majesty from executor. Knot deducted by executor, the amount to be a debt to her majesty from both exe- cutor and legatee. Trustees to pay duties on legacies charged on real estate. In default, the duty to be a debt to her majesty. What shall be deemed a legacy under this act. own benefit, or for the benefit of any other person, of any legacy, or any part of any legacy, or of the residue of any personal estate, or any part of such residue, which he shall be entitled so to retain, either in his own right, or in the right or for the benefit of any other person, and also upon delivery, payment, or other satisfaction or discharge whatsoever of any legacy, or any part of any legacy, or of the residue of any personal estate, or any part of such residue, to which any other person shall be entitled ; and in case any person, having or taking the burden of such execution or administration as aforesaid, shall retain for his own benefit, or for the benefit of any other person, any legacy or any part of any legacy, or the residue of any personal estate, or any part of such residue, which such person shall be entitled so to retain, either in his own right or in the right or for the benefit of any other person, and upon which any duty shall he chargeable by virtue of this act, not having first paid such duty, or shall deliver, pay, or otherwise howsoever satisfy or discharge any legacy, or any part of any legacy, or the residue of any personal estate, or any part thereof, to which any other person shall be entitled, and upon which any duty shall be chargeable by virtue of this act, having received or deducted the duty so chargeable, then and in every such case the duty which shall be due and payable upon every such legacy, and part of legacy, and residue, and part of residue respectively, and which shall not have been duly paid and satisfied according to the provisions of this act, shall be a debt of such person having or taking the burden of such execution or administration as aforesaid to her majesty, her heirs and successors; and in case any such person, so having or taking the burden of such execution or administration as aforesaid, shall deliver, pay, or otherwise howsoever satisfy or discharge any such legacy or residue, or any part of any such legacy or residue, to or for the benefit of any person entitled thereto, without having received or deducted the duty chargeable thereon, (such duty not having been first duly paid, according to the provisions herein contained,) then and in every such case such duty shall be a debt to her majesty, her heirs and successors, both of the person who shall make such delivery, payment, satis- faction or discharge, and of the person to whom the same shall be made ; and that the duties by this act granted upon legacies charged upon or made payable out of any real estate, or out of any monies to arise by the sale of any real estate, or upon residues, or parts or shares of residues, of any such monies, shall be accounted for, answered, and paid by the trustee to whom the real estate shall be devised out of which the legacy or share of any money arising out of the sale, mortgage, or other disposition of such real estate shall be to be paid or satisfied ; or if there shall be no trustee, then by the person entitled to such real estate, subject to any such legacy, or by the person empowered or required to pay or satisfy any such legacy : and the said duties shall be retained by the person paying or satisfying any such legacy or share of money, and shall be accounted for, satisfied, and paid, at such times, in such manner, and according to such rules and regulations as are herein- before specified and prescribed in respect of the duties granted on legacies payable out of personal estate ; and in case the said duties shall not be paid or satisfied according to the provisions herein contained, then and in every such case such duty shall be a debt to her majesty, her heirs and successors, of and from the trustee of such real estate as aforesaid, or the person entitled thereto, subject to such legacy as aforesaid, and also of and from the person to whom the same shall have been paid, without the duty chargeable thereon having been first deducted. " XXXVIII. And be it enacted, that every gift by any will or testamentary instrument of any deceased person, which, by virtue of any such will or testamen- tary instrument, shall have effect or be satisfied out of the personal estate of such person so dying, or out of any personal estate which such person shall have power to dispose of as he shall think fit, or which shall have been charged upon or made payable out of any real estate, or be directed to be satisfied out of any monies to arise by the sale of any real estate, of the person so dying, or which such person may have the power to dispose of, whether the same shall be given by way of annuity or in any other form, shall be deemed and taken to be a legacy within the STATUTA VICTORIA. A.D. 1837-1844. 2185 true intent and meaning of this act ; and every gift which shall have effect as a donation, mortis causa, shall also be deemed a legacy within the intent and mean- ing of this act; and the value of any legacy given by way of annuity, whether payable annually or otherwise, for any life or lives, or for years or other period of time, shall be calculated, and the duty chargeable thereon shall be charged, according to the tables annexed to an act passed in the parliament of Great Britain in the thirty-sixth year of the reign of King George the Third, intituled, 'An Act for repealing certain Duties on Legacies and Shares of Personal Estates, and for granting other Duties thereon, in certain Cases :' provided always, that nothing herein contained shall be construed to extend to the charging with the duties by this act granted any specific sum of money, or any share or proportion thereof, charged by any marriage settlement or deed upon any real estate, in any case in which any such specific sum, or share or proportion thereof, shall be appointed or apportioned by any will or testamentary instrument under any power given for that purpose by any such marriage settlement or deed : provided also, that nothing herein contained shall extend or be construed to extend to charge with duty in Ireland any legacy given for the education or maintenance of poor children in Ireland, or to be applied in support of any charitable institution in Ireland, or for any purpose merely charitable. " XXXIX. And be it enacted, that every receipt or discharge for any legacy or residue, or part thereof, shall be brought, within the space of twenty-one days after the date thereof, to the head office of the commissioners of stamps and taxes in Dublin, or to some other office to be appointed by the said commissioners for such purpose, to be stamped, paying the duty for the same ; and upon such payment, either at the said head office, or any other office to be appointed as aforesaid, the receiver-general, or other proper officer to be appointed for that purpose by the said commissioners, as the case shall require, shall write upon such receipt or discharge an acknowledgment of the payment of the duty so paid in words at length, and bearing date the day on which such payment shall be made, and shall subscribe his name thereto, and enter an account thereof in a book to be provided for that pur- pose, to the intent that he may be thereby charged with the sum so paid ; and in case the duty shall be so paid at the said head office, then the receipt or discharge so brought to be stamped shall be forthwith stamped with such stamp as the case may require; and in case the duty shall be so paid at any other office to be appointed by the said commissioners as aforesaid, the receipt or discharge whereon such acknowledgment of the payment of duty shall be so written and subscribed, shall be transmitted, within the space of twenty-one days from the day of payment of such duty, to the said head office, to be stamped, and the same shall be stamped accordingly with such stamp as aforesaid ; and in case the person paying such duty at any such office to be appointed as aforesaid shall be desirous that the same should be transmitted to the said head office by the officer to whom such duty shall be paid, and shall leave the same with such officer for that purpose, such officer shall thereupon sign and deliver an acknowledgment that such receipt or discharge has been left with him for such purpose, and shall transmit such receipt or discharge to such head office to be stamped as aforesaid, and the same shall be sent again to such officer as soon as conveniently may be after the stamping thereof ; and such officer shall deliver back the same to the person entitled thereto, upon redelivery to him of the acknowledgment which he shall have given for the same : provided always, that if any such receipt or discharge shall not be so brought to any such office as aforesaid within such space of twenty-one days as aforesaid, it shall never- theless be lawful to carry such receipt or discharge to the said head office, to be stamped in like manner, within three calendar months after the date thereof, paying the duty for the same, and also the further sum of ten pounds per centum on such duty by way of penalty for not having before paid such duty ; on pay- ment of which duty and penalty the said commissioners are hereby authorized and required to stamp such receipt or discharge in the same manner as if the same had been brought to the said office within the space of twenty-one days from the date thereof; and where any such receipt or discharge as aforesaid shall have been signed Stat. 5 $c 6 Vict. c. 82. 36Geo.3,c.52. Exemption of legacies to charities in Ireland. Receipts for legacies to be stamped with- in twenty-one days after the date. Penalty if not stamped with- in twenty-one days. 2186 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 82. Receipts signed out of the United Kingdom. Continuance of the act. out of the United Kingdom, if the same shall be brought to be stamped within twenty-one days after being received in the United Kingdom, it shall be lawful for the said commissioners to remit any penalty which may have been incurred thereon, and to cause the same to be duly stamped on payment of the duty payable in respect thereof. " XLIII. And be it enacted, that this act and the duties hereby imposed shall continue in force until the tenth day of October, one thousand eight hundred and forty-five, and shall then cease and determine : provided always, that this act and the said duties shall not then cease or determine with respect to any of the said duties which shall have accrued or been incurred before the said last-mentioned day, and shall then or at any time afterwards be or become due or payable and remain in arrear or unpaid, or with respect to any penalty, forfeiture, or punishment incurred and not recovered or suffered, for any offence or crime committed against this act, or any act herein recited or referred to ; but that this act, and all the powers and provisions thereof, shall remain and continue in force with respect to all such duties and arrears of duty, and all such penalties, forfeitures, and punishments as afore- said, until the same respectively shall have been fully paid, recovered, inflicted, and suffered." Schedule to which this Act refers. Duty. Collation or appointment by any archbishop or bishop to any cathedral, pre- £ d. bend, dignity, office, or honorary canonry, in Ireland, having no endowment or emolument attached or belonging thereto 2 0 0 Collation by any archbishop or bishop to any ecclesiastical benefice, dignity, or promotion in Ireland, other than as aforesaid 7 0 0 And where the net yearly value of such benefice, dignity, or promotion shall amount to 300/. or upwards, then for every 100/. thereof over and above the first 200/., a further duty of 5 0 0 The value to be ascertained by certificate of the ecclesiastical com- missioners for Ireland : provided always, that two or more benefices episcopally united shall be deemed one benefice only. Dispensation, faculty, or other instrument for admitting or authorizing any person to act as a notary public in Ireland 20 0 0 Dispensation for holding two ecclesiastical dignities or benefices, or a dignity and a benefice, in Ireland ~ 25 0 0 Dispensation or faculty of any kind not herein otherwise charged 25 0 0 Donation. See Presentation. Faculty. See Dispensation. Grant or letters patent under the great seal of Ireland : Of the honour or dignity of an archbishop '. 150 0 0 of a bishop 100 0 0 Institution granted by any archbishop, bishop, chancellor, or other ordinary, or by any ecclesiastical court, to any ecclesiastical benefice, dignity, or promo- tion in Ireland, or to any two or more such benefices episcopally united : Where the same shall proceed upon a presentation 2 0 0 And where it shall proceed upon the petition of the patron to be himself admitted and instituted 7 0 0 And if in the latter case the net yearly value of such benefice, dignity, or promotion shall amount to 300/. or upwards, then for every 100/. thereof over and above the first 200/. a further duty of 5 0 0 The value to be ascertained as in the case of collation. See Collation. Provided always, that two or more benefices episcopally united shall be deemed one benefice only. But such petition shall not be liable to any stamp duty. Lease, release, or deed, minute, memorandum, or legal or equitable article or instrument, by any archbishop or bishop, or ecclesiastical corporation, aggre- gate or sole, for setting or demising lands, tenements, or hereditaments in Ireland, of the estates of such archbishop, or bishop, or corporation in right STATUTA VICTORIA A.D. 1837—1844. 2187 f their respective sees, for any term of years only, and absolute, not ex- £ t. d. Stat, o ceeding twenty-one years in possession, without any clause or covenant for the renewal thereof, on the first skin or piece of vellum, parchment, or paper of each and every part thereof : Where the annual amount of the rent reserved or agreed to be reserved (any penal rent, or any increased or reserved rent in the nature of a penal rent, not being included in such amount.) shall not exceed 10/. and the fine or consideration for the same shall not exceed 100/ 0 5 0 Where the amount of such Rent or of such Fine or Consideration shall exceed and shall not exceed shall exceed and shall not exceed £ s. d. £ s. d. £ s. d. £ s. d. 10 0 0 20 0 0 100 0 0 150 0 0 20 0 0 50 0 0 150 0 0 200 0 0 0 10 0 0 15 0 And where there shall be both rent and fine, the duty only to be paid in respect of such rent or fine as shall be liable to the higher rate of duty. And for every skin or piece of vellum or parchment, or sheet or piece of paper, in any such indenture, lease, release, or deed, minute, memo- randum, or legal or equitable article, after the first skin or sheet, a duty of 0 10 0 Provided always, that in any case where the annual amount of such rent reserved shall exceed 50/., or such fine or consideration shall exceed 200/., such lease, release, or deed, minute, memorandum, or legal or equitable article or instrument, shall be chargeable with the duty or duties specified in the schedule of the act 55 Geo. 3, c. 18-4. Licence to hold a perpetual curacy not proceeding upon a nomination 3 10 0 Exemp ti on. — Licences to stipendiary curates, wherein the annual amount of the stipend shall be specified. Presentation or donation by her majesty, her heirs or successors, or by any other patron, to any ecclesiastical benefice, dignity, or promotion in Ireland 5 0 0 And where the net yearly value of such benefice, dignity, or promotion shall amount to 300/. or upwards, then for every 100/. thereof over and above the first 200/. a further duty of 5 0 0 The value to be ascertained as in the case of collation. See Collation. Provided, that two or more benefices episcopally united shall be deemed one benefice only. CXXI. Stat. 5 & G Victoria, cap. cm. A.D. 1842. Stat. 5 & 6 "An Act for providing additional Burial Grounds in the Parish of Leeds, in ^ ICT* CAP* the West Riding of the Coioitj/ of York." CXXII. Stat. 5 & 6 Victoria, c. 108. A.D. 1842. Stat. 5 & 6 "An Act for enabling Ecclesiastical Corporations, aggregate arid sole, to grant ^ ICT< c- 10^- Leases for long Terms of Years'* " Whereas it would be advantageous to the estates of ecclesiastical corporations, aggregate and sole, and for the interests of the church, if such corporations were empowered to grant leases for long terms of years, under proper reservations and restrictions : may it therefore please your majesty that it may be enacted ; and be it enacted by the queen's most excellent majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall be lawful for any cccle- Ecclesiastical 2188 STATU TA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 108. corporations, aggregate or sole, (with certain excep- tions,) em- powered to grant building leases, under certain re- strictions. siastical corporation, aggregate or sole, except any college or corporation of vicars choral, priest vicars, senior vicars, custos and vicars, or minor canons, and except also any ecclesiastical hospital, or the master thereof, from time to time after the passing of this act, with such consent and under such restrictions as are hereinafter mentioned, by any deed duly executed, to lease all or any part of the lands or houses of or belonging to such corporation in his or their corporate capacity, (except as hereinafter is mentioned,) and whether such lands or houses may or may not have been previously leased under the provisions of this act, for any term or number of years not exceeding ninety-nine years, to take effect in possession, and not in reversion or by way of future interest, to any person who may be willing to improve or repair the present or any future houses thereon, or any of them, or to erect other houses instead thereof, or to erect any houses or other buildings on any lands whereon no building shall be standing, or who shall be willing to annex any part of the same lands to buildings erected or to be erected on the said lands or any part thereof, or otherwise to improve the said premises or any part thereof ; and with or without liberty for the lessee to take down any buildings which may be upon the lands in such leases respectively to be comprised, and to dispose of the materials thereof to such uses and purposes as shall be agreed upon ; and with or without liberty for the lessee to set out and allot any part of the respective pre- mises to be comprised in any such lease as and for ways, passages, sewers, drains, wells, reservoirs, yards or otherwise, for the use and convenience of the respective lessees, tenants, or occupiers of the premises, or for the general improvement of the premises ; and also with or without liberty for the lessee to dig, take, and carry away and dispose of such earth, clay, sand, loam, or gravel as it shall be found convenient to remove for effecting any of the purposes aforesaid ; so as there be reserved by every such lease the best yearly rent that can be reasonably obtained for the premises therein comprised, payable half-yearly or oftener ; and so as every such lease be made without taking any fine, premium, or foregift, or anything in the nature thereof, for or in respect of the making the same ; and so as in every such lease made for the purpose of having buildings erected there shall be contained a covenant on the part of the lessee to build, complete, and finish the houses which may be agreed to be erected on the premises, if not then already done, within a time or times to be specified for that purpose, and to keep in repair during the term such houses ; and so as in every such lease made for the purpose of having buildings repaired or rebuilt there shall be contained a covenant on the part of the lessee or lessees substantially to rebuild or repair the same within a time or times to be specified for that purpose, and to keep in repair during the term the houses agreed to be rebuilt and repaired ; and so as in every such lease, whether for the purpose of having buildings erected or otherwise, there be contained on the part of the lessee a covenant for the due payment of the rent to be thereby reserved, and of all taxes, charges, rates, assessments, and impositions whatsoever affecting the same premises, and also a covenant for keeping the houses erected and to be erected on the premises to be therein comprised, (except any works or manufactories which may not be insurable,) insured from damage by fire, to the amount of four fifths at least of the value thereof, in some or one of the public offices of insurance in London, Westminster, Norwich, Bristol, Exeter, Newcastle-on-Tyne, York, or Liverpool, or of the Kent Fire-Insurance Company, (the particular office of insur- ance being named in the lease,) and to lay out the money to be received by virtue of such insurance, and also all such other sums as shall be necessary, in rebuilding, repairing, and reinstating such houses as shall be destroyed or damaged by fire, and also to surrender the possession of and leave in repair the houses erected and to be erected or rebuilt or repaired on the premises therein comprised on the expiration or other sooner determination of the term to be thereby granted, and within twenty-one days after any assignment of such lease shall be made to deliver a copy of such assignment to the lessor or reversioner for the time being; and so as in every such lease there be contained a power for the lessor or reversioner for the time being, and his or their surveyors and agents, to enter upon the premises, and inspect the condition thereof, and also a proviso or condition of re-entry for non- STATUTA VICTORLE. A.D. 1837—1844. 2189 6 p ty m nt of the vent or rents to be thereby reserved, or for non-performance of any Stat. 5 & of the covenants, provisoes, and conditions to be therein contained, on the part of VlCT- c- 108- the lessee, his executors, administrators, or assigns, and with or without a proviso that no breach of any of the covenants, provisoes, and conditions to be therein con- tained, (except the covenant for payment of the rent, and other such covenants, provisoes, or conditions, if any, as may be agreed between the parties to be so excepted,) shall occasion any forfeiture of such lease, or of the term thereby granted, or give any right of re-entry, unless or until judgment shall have been obtained in an action for such breach of covenant, nor unless the damages and costs to be recovered in such action shall have remained unpaid for the space of three calendar months after judgment shall have been obtained in such action ; and every such lease may also contain any other covenants, provisoes, conditions, agreements, and restrictions which shall appear reasonable to the lessor for the time being, and the person or persons whose consent is hereby declared to be essential to the validity of such lease, and particularly any provision for apportioning the rent to be reserved by any lease made under this power, and for exonerating any part of the lands or houses to be comprised in any such lease from the payment of any specified portion of the whole rent to be thereby reserved ; and so that the respec- tive lessees execute counterparts of their respective leases. " II. And be it enacted, that on every or any building or repairing lease to be Power to re- granted under the authority of this act it shall be lawful for the corporation grant- serve increased ing such lease to reserve a small rent, during the six first years of the term thereby- created, or during any of such six first years to be specified in that behalf in such lease, and to reserve, in addition to the rent to be so reserved, an increased rent or increased rents, to become payable after the expiration of such six first years, or after any of such six years to be specified in that behalf in such lease, (as the case may be,) or otherwise to make any such increased rent or rents first payable at any time not exceeding six years after the commencement of the term created by such lease when a stipulated progress shall have been made in the buildings, rebuildings, or reparations in respect of the erection, construction, or reparation of which the same lease shall have been granted. " III. And be it enacted, that it shall be lawful for any corporation hereby Land may be empowered to grant leases as aforesaid, with such consent as is hereby declared to appropriated be requisite to the validity of any lease to be granted by such corporation under f°r streets, the provisions of this act, to lay out and appropriate any part or parts of the lands y ' c and grounds which such corporation shall be empowered or authorized to lease, on building or repairing leases, under the provisions of this act, as and for a way or ways, yard or yards, garden or gardens, to the buildings erected or to be erected on any of the same lands or grounds, or on any of the adjoining lands or grounds so to be leased as aforesaid, or for yards or places necessary or convenient for carry- ing on any manufacture or trade, and also to appropriate any part of the same lands and grounds as and for ways, streets, squares, avenues, passages, sewers, or otherwise for the general improvement of the estate, and the accommodation of the lessees, tenants, and occupiers thereof, in such manner as shall be mentioned and agreed upon in any lease to be granted as aforesaid, or in any general deed to be executed for that purpose, (such general deed, if any, to be duly executed by the corporation hereby authorized to make such deed, and to be made with such con- sent as last aforesaid, and to be enrolled in one of her majesty's courts of record at Westminster within six calendar months from the date of such deed,) and also by such lease or general deed to give such privileges and other easements as the corpo- ration hereinbefore authorized to grant such lease or make such deed shall, with such consent as aforesaid, deem reasonable or convenient. " IV. And be it enacted, that it shall be lawful for any ecclesiastical corpora- Ecclesiastical tion, aggregate or sole, except as aforesaid, from time to time after the passing of corporations this act, with such consent and under such restrictions as are hereinafter men- J^^JnlTwat tioned, by any deed or deeds duly executed, to grant by way of lease, unto any [^d^ter^ person or persons whomsoever, any liberties, licences, powers, or authorities to leaves and have, use, or take, either in common with or to the exclusion of any other person wayleaves. 2190 STA'IUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vic . c. 108. Power to con- firm leases voidable for informality, and to accept surrenders and grant new leases or apportioned or persons, all or any of the water flowing, or which shall or may flow or be made to flow, in, through, upon, or over any lands or hereditaments belonging to such corporation in his or their corporate capacity, or any part or parts thereof, (except as hereinafter is mentioned,) and also any wayleaves or waterleaves, canals, water- courses, tramroads, railways, and other ways, paths, or passages, either subterra- neous or over the surface of any lands, store yards, wharfs, or other like easements or privileges in, upon, out of, or over any part or parts of the lands belonging to such corporation, in his or their corporate capacity, (except as hereinafter is men- tioned,) for any term or number of years not exceeding sixty years, to take effect in possession and not in reversion or by way of future interest, so as there be reserved on every such grant by way of lease as last aforesaid, payable half-yearly or oftener, during the continuance of the term of years thereby created, the best yearly rent or rents, either in the shape of a stated or fixed sum of money, or by way of toll or otherwise, that can be reasonably had or gotten for the same, with- out taking any fine, premium, or foregift, or anything in the nature of a fine, pre- mium, or foregift, for the making thereof, (other than any provision or provisions which it may be deemed expedient to insert in any such grant, rendering it obliga- tory on the grantee or lessee, or grantees or lessees, to repair or contribute to the repair of any roads or ways, or to keep open or otherwise use, in any specified manner, any water or watercourse to be comprised in or affected by any such grant or lease ;) and so as there be contained in every such grant by way of lease as last aforesaid a condition or power of re-entry, or a power to make void the same, in case the rent thereby reserved or made payable, or any part thereof, shall not be paid within some reasonable time to be therein specified in that behalf; and so as the respective grantees or lessees do execute counterparts of the respective grants or leases, and generally that in and by each or any such grant by way of lease as last aforesaid there shall or may be reserved and contained any other reser- vations, covenants, agreements, provisoes, or stipulations whatsoever not inconsis- tent with those hereby required to be reserved or contained in each such grant by way of lease which it shall be deemed expedient to introduce therein. "V. And be it enacted, that it shall be lawful for any corporation hereby empowered to grant leases, from time to time, with such consent as is hereby declared to be requisite to the validity of any lease to be granted by such corpora- tion under the provisions of this act, to confirm any lease, grant, or general deed purporting to have been granted or made under the authority of this act, in any case in which for some technical error, informality, or irregularity in exercising the powers of this act, such lease, grant, or deed shall be voidable or questionable, or to accept an actual or virtual surrender of any lease or grant which shall have been made and executed, or which shall purport to have been made and executed, by virtue of this act; and so far as regards any mines, minerals, quarries, or beds, watercourses, ways, or other easements, which may be comprised in any such sur- rendered lease or grant, with such consent as aforesaid, to make any new lease or grant thereof in the same manner from time to time, as if the powers of leasing herein contained had not been previously exercised; and so far as regards any lands and houses comprised in any such surrendered lease which may have been granted for building or repairing purposes, in any case where, at the time when such surrender shall be accepted, one fourth part or more than one fourth part of the term originally granted shall remain unexpired, with such consent as aforesaid, to make a new lease or several apportioned leases of the lands and houses comprised in such surrendered lease, for any time not exceeding the then residue of the term granted, or mentioned or intended to be granted, by such surrendered lease, and at a rent or apportioned rents equal in amount to or exceeding the former rent or rents, yet so nevertheless that no one rent shall be less than forty shillings, and so that the rent to be reserved by any apportioned lease shall in no case exceed one fifth part of the rack-rent value of the land to be comprised in such lease, and of the houses erected or to be erected thereon, when finished and fit for habitation ; and so far as regards any lands and houses comprised in any such surrendered lease which may have been granted for building or repairing purposes, in any case STATUTA VICTORLE, A.D. 1837—1844. 2191 where, at the time when such surrender shall be accepted, less than one fourth part of the term originally granted shall remain unexpired, with such consent as aforesaid, to make any new lease or grant thereof, in the same manner, as far as may be applicable, as if the powers of leasing herein contained had not been exer- cised; and so also that in the case of the confirmation of any lease, or of the making of any new lease or grant, whether the same shall be a lease of houses for building or repairing purposes, or a lease or grant of any mines, minerals, quarries, or beds, watercourses, ways, or other easements, no fine, premium, or foregift shall be accepted for making or giving any such confirmation, or new lease or grant or apportioned lease respectively, and so as the lessee or grantee, his executors, admi- nistrators, or assigns, whose lease or grant shall be so confirmed, or to whom any such new or apportioned lease shall be granted in lieu of any former lease as afore- said, do consent to accept such confirmation, or new lease or grant, or apportioned lease, and do execute a counterpart thereof. " VI. And be it enacted, that it shall be lawful for any ecclesiastical corpora- tion, aggregate or sole, except as aforesaid, from time to time, with the consent or consents hereby required, to grant or demise, by lease, for any term not exceeding sixty years, to take effect in possession, and not in reversion or by way of future interest, any mines, minerals, quarries, or beds belonging to such corporation, together with the right of working or of opening and working the same, and of working any adjacent mine by way of outstroke or other underground communi- cation, and together also with such portion of land belonging to such corporation, and all such rights and liberties of way and passage, and other rights, easements, and facilities for the opening and working of all such mines, minerals, quarries, or beds, and leading and carrying away the produce thereof, or otherwise incident to mining operations, as shall be deemed expedient ; and every such lease shall con- tain such reservations by way of rent, royalty, or share of the produce in kind, all or any thereof, or otherwise, and such powers, provisoes, restrictions, and cove- nants, as shall be approved by the ecclesiastical commissioners for England, due regard being had to the custom of the country or district within which such mines, minerals, quarries, or beds are situate ; and no fine, premium, or foregift, nor any- thing in the nature thereof, shall be taken for or in respect of any such lease. "VII. And be it enacted, that the execution of any lease, grant, or general deed by the person or corporation, or several persons or corporations, whose consent is hereby made requisite to the validity of such lease or grant or general deed, shall be conclusive evidence that the several matters and things by this act required to be done and performed previously to the granting or making of such lease, grant, or general deed have been duly done and performed, and that the property com- prised in such lease, grant, or general deed (as the case may be) does not form any part of the property excepted out of the powers of leasing conferred by this act, and that the rent reserved by such lease (except an apportioned lease or grant) is the best rent that could be reasonably obtained for the property or rights comprised in such lease or grant, and that no fine, premium, or foregift, or anything in the nature thereof, hath been taken for or in respect of the granting or making of such lease or grant, and (in the case of an apportioned lease) that the rent reserved by each such apportioned lease does not exceed one fifth part of the rack-rent value of the land comprised in such lease and of the houses erected or to be erected thereon, when fit for habitation. " VIII. And be it enacted, that nothing in this act contained shall restrain any corporation hereby empowered to grant leases and make grants as aforesaid from granting any leases, or making any grants, whether by way of renewal or other- wise, which such corporation might have lawfully and rightfully granted or made, either under the provisions of any public or private act of parliament, or under any other authority, or in any other manner whatsoever, in case this act had not been passed, or from taking any fine, premium, or foregift from the lessees in any renewed or new leases named or to be named, or from their under-lessees, or from any other persons having or claiming an interest in any such renewal, for any such renewed or new leases, save and except that in every lease (other than any lease Stat. 5 & 6 Vict. c. 108. Mining leases may be granted. Execution of a lease by the necessary con- senting parties to be evidence that the requi- sites of this act have been complied with. Act not to re- strain existing powers of leasing, except that after a lease under this act the land shall not be leased except at rack rent. 2192 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 108. House of resi- dence, garden, &c. not to be leased. Improved value of epis- copal estates to be paid to commissioners. 3 & 4 Vict, c. 113. Improved value of chap- ter property above a certain amount to be paid to com- missioners. 4 & 5 Vict, c. 39. granted under the powers of this act) which shall be granted by any such corpora- tion as aforesaid, of any lands or houses which shall have been leased for building or repairing purposes under any of the powers of this act, there shall be reserved the best improved rent, payable half yearly or oftener, which can be obtained for the same, without taking any fine, premium, or foregift, or anything in the nature of a fine, premium, or foregift, for making or granting the same. " IX. Provided always, and be it enacted, that this act shall not authorize the granting of a lease, or the laying out or appropriating, for the purposes in this act mentioned, of the palace or usual house of residence of or belonging to any arch- bishop or bishop, or any other corporation sole hereby empowered to grant leases as aforesaid, or of or belonging to any corporation aggregate or to any member of any corporation aggregate hereby authorized to grant leases as aforesaid, or of any offices, outbuildings, yards, gardens, orchards, or pleasure grounds to any such palace or other house of residence adjoining or appurtenant, and which may be necessary or convenient for actual occupation with such palace or other house of residence, or the grant or lease of any mines, minerals, quarries, or beds, water- courses, ways, or other easements, the grant whereof may be prejudicial to the con- venient enjoyment of any such palace or house of residence, or the pleasure grounds belonging thereto, or the leasing for the purposes aforesaid of any lands which any such corporation sole or aggregate, or any member of any such corporation aggregate, is expressly restrained from leasing by the provisions of any local or private act of parliament now in force. " X. And be it enacted, that upon any improvement in the annual value of any see, by means of any lease granted under this act or otherwise, the annual sum, if any, directed to be charged upon the revenues of such see by any order in council, shall, by the authority provided in an act passed in the fourth year of her majesty's reign, intituled, ' An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' be forthwith directed to be increased to the extent of such improvement ; or the annual sum (if any) directed by any like order to be paid to the bishop of such see shall, by the like authority, be forthwith directed to be reduced to the like extent, or to be alto- gether annulled, if not exceeding such improvement ; and jf such improvement shall exceed the annual sum so directed to be paid to such bishop, or if no annual sum shall have been directed to be paid by or to such bishop, then a fixed annual sum, equal to the excess in the one case, or to the whole of such improvement in the other case, shall, by the like authority, be forthwith directed to be charged upon the revenues of such see ; and the increased or reduced or new payment (as the case may be) shall take effect upon the avoidance of the see next after such improvement, and not sooner. " XI. And be it enacted, that the provisions of the said recited act, and of an act passed in the fourth year of her majesty's reign, intituled, ' An Act to explain and amend two several Acts relating to the Ecclesiastical Commissioners for Eng- land,' under which provisions the incomes of the deans and canons of the cathedral church of Saint Paul in London, and of the collegiate churches of Westminster and Manchester, are to be so charged as to leave to such deans and canons the average annual incomes respectively specified in the same acts, shall be extended so as to apply to all other deans and canons of cathedral and collegiate churches, (save and except the dean and canons of the cathedral church of Christ in Oxford,) whose annual incomes shall be improved beyond the amounts of such average annual incomes respectively ; and that upon any improvement in the annual revenues of any cathedral or collegiate church, after the gazetting of any order in council for charging the incomes of the dean or canons thereof, the amount of the charge created by such order shall, by the authority in the first-recited act provided, be forthwith directed to be increased to the extent of such improvement ; provided always, that any improvement in the annual value of the revenues of the dean and canons of the said cathedral church of Christ in Oxford by means of any lease granted under the provisions of this act, and not otherwise, shall be subject to the provisions of this act affecting deans and canons of other cathedral or collegiate STATUTA VICTORIA. A.D. 1837—1844. 2193 churches ; provided also, that no charge so created, nor any increase of any such charge, shall affect the income of any dean or canon in possession at the time of such improvement. " XII. And be it enacted, that in the case of any archdeaconry the annual value of which shall be improved by means of any lease granted under this act, it shall be lawful, by the authority provided in the said first-recited act, forthwith to direct, that from and after the vacancy of such archdeaconry next following the date of such lease such portion of the rent, royalty, or other consideration reserved by such lease as by the like authority shall be deemed expedient shall be paid, and the same shall accordingly from time to time be paid to the ecclesiastical commis- sioners for England, and become and be subject to the provisions of the same act ; provided always, that the average annual income of the archdeacon shall not be thereby left at a less sum than five hundred pounds. " XIII. And be it enacted, that, in the case of any benefice the annual value of which shall be improved by means of any lease granted by the incumbent thereof under this act, it shall be lawful, by the authority provided in the first-recited act, at any time within three years from the date of such lease, to direct that from and after the vacancy of such benefice next following such date such portion of the rent, royalty, or other consideration reserved by such lease as by the like autho- rity shall be deemed expedient shall be paid, and the same shall accordingly from time to time be paid to the said ecclesiastical commissioners for England, and shall be by them from time to time applied according to the provisions of the same act in making additional provision for the cure of souls: provided always, that notice shall be given to the patron or patrons of such benefice, of any scheme affecting the same, three calendar months previously to such scheme being laid before her majesty in council; and the objections (if any) of such patron or patrons shall be laid before her majesty in council together with such scheme ; provided also, that the average annual income of such benefice shall not under this provision be left at a less sum than six hundred pounds if the popu- lation thereof amount to two thousand, nor at a less sum than five hundred pounds if the population thereof amount to one thousand, nor in any other case at a less sum than three hundred pounds: provided also, that in making any such provision for the cure of souls out of rent, royalty, or other consideration reserved by any lease as aforesaid, the wants and circumstances of the places in which the lands, mines, minerals, quarries, or beds demised by such lease are situate shall be primarily considered. "XIV. Provided always, and be it enacted, that in case of any lease of mines, minerals, quarries, or beds granted under this act, such portion of the improved value accruing thereunder as by the like authority shall be determined, not being more than three fourth parts nor less than one moiety of such improved value, shall forthwith, and from time to time as the same shall accrue, be paid to the said ecclesiastical commissioners for England, and shall be subject to the provisions relating to monies payable to them ; and the remainder of such improved value shall be deemed to be an improvement within the meaning of the provisions relating to the incomes of archbishops and bishops, deans and canons, archdeacons, and incumbents of benefices respectively. " XV. And be it enacted, that all the powers and authorities vested in her majesty in council and in the said commissioners by the first-recited act with reference to the matters therein contained, and all other the provisions of the same act relating to schemes and orders prepared, made, and issued for the pur- poses thereof, shall be continued and extended and apply to her majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively with reference to all matters contained in this act. as fully and effectually as if the said powers, authorities, and other provisions were repeated herein. " XVI. And be it enacted, that any lease or leases may be granted under the powers of this act, on the surrender of any existing lease or leases (which shall not have been granted under the provisions of this act), of all or any part of 7 A Stat. 5 & 6 Vict. c. 108. Improved value of arch- deaconries above a certain amount to be paid to com- missioners. Improved value of bene- fices above a certain amount to be paid to commissioners. Portion of improved value under mining leases to be paid to commissioners. Powers of 3 & 4 Vict, c. 113, ex- tended to this act. Leases under the act may be made on the 2194 STATUTA VICTOFLE. A.D. 1837-1844. Stat. 5 & 6 Vict. c. 108. surrender of the existing leases. Not necessary to surrender under-leases before the grant of a lease under this act. 4 Geo. 2, c. 28. s. 6. Surveyor to make maps, valuation, &c. when a new lease is in- tended. As to dilapida- tions. Consents re- quisite to the validity of leases granted under this act. the premises proposed to be comprised in such new lease or leases, and may be granted either to the person or persons surrendering the existing lease or leases, or to any other person or persons whomsoever ; and each holder of any existing lease or leases granted otherwise than under the provisions of this act, of any lands or houses, or of any mines, minerals, quarries, or beds, which, if not in lease, would be capable of being leased under the powers of this act, is hereby authorized to surrender such lease or leases with a view to the granting of a new lease or several new leases thereof, or of any part thereof, under the powers of this act, whether at the time of making such surrender the period at which such existing lease or leases may be legally or accustomably renewable shall or shall not have arrived; and in the case of any lease granted under the powers of this act on the surrender of any existing lease or leases as aforesaid, an ade- quate deduction shall be made from the rent, royalty, or other consideration to be reserved on the new lease, in proportion to the value of the term or interest which shall be surrendered as aforesaid in the lands or houses, mines, minerals, quarries, or beds, or any part thereof respectively, comprised in such new lease. " XVII. And be it enacted, that whenever a surrender shall be made of any existing lease for the purpose of taking a new lease or new leases by virtue of this act, whether the existing lease shall or shall not have been granted under the provisions of this act, the new lease shall be deemed to be |a renewal of the surrendered lease within the scope and meaning of the sixth section of an act passed in the fourth year of the reign of King George the Second, intituled, 4 An Act for the more effectual preventing of Frauds committed by Tenants, and for the more easy Recovery of Rents and Renewal of Leases,' so far as to render unnecessary the surrender of any under-leases previously to the grant of such new lease, and to give full effect to such new lease in all respects, notwithstanding any under-lease or under-leases may not be surrendered : provided that in any such case as is herein contemplated, if any subsisting unsurrendered under-lease shall contain any covenant or provision for the renewal or extension of the interest conferred by such under-lease, on payment by the under-lessee of a proportionate part of the fines and fees attending the renewal of the chief lease, the under-lessee shall not compel a renewal of the under-lease under such covenant, except upon the terms of securing to the under lessor a rent, royalty, or other consideration bearing the same proportion to the whole rent, royalty, or other consideration reserved to the corporation exercising the powers of this act, upon the new lease granted under this act, as the amount which upon any ordinary renewal ought to have been paid by such under-lessee of the fines and fees of or attending such renewal would have borne to the whole amount of the fines and fees attending such renewal. " XVIII. And be it enacted, that whenever any lease or apportioned leases, or grant by way of lease, is or are intended to be granted or made, or any land or ground is proposed to be laid out or appropriated, under the authority of this act, a competent surveyor shall be appointed in writing by the ecclesiastical commissioners for England, with the consent of the corporation proposing to grant such lease or apportioned leases, or make such grant, or to lay out or appropriate such land or ground (as the case may be) ; and such surveyor shall make any such report, map, plan, statement, valuation, or certificate, as shall be deemed necessary, and be required by the said commissioners or by such corporation. " XIX. And be it enacted, that no person being or having been an ecclesiastical corporation sole, nor the private estate or representatives of such person, shall be liable to the successor of such corporation for or on account of any dilapidations which shall occur in or about any houses or buildings belonging to such corpora- tion whilst the same shall be held under any lease for building or repairing purposes granted under the powers of this act. " XX. And be it enacted, that each lease or grant to be granted or made under the provisions of this act shall be made with the consent of the said ecclesiastical commissioners for England, and also with such further consent as hereinafter men- tioned ; (that is to say,) each lease or grant granted or made by any incumbent of STATUTA VICTORIA. A.D. 1837—1844. 2195 a benefice, with the consent of the patron thereof; and each lease or grant by any corporation, either aggregate or sole, under the provisions of this act, of any lands or houses, mines, minerals, quarries, or beds, of copyhold or customary tenure, or of any water-courses, ways, or easements in, upon, over, or under any such lands, where the copyhold or customary tenant thereof is not authorized to grant or make leases or grants for the term of years intended to be created by such lease or grant, without the licence of the lord of the manor, shall be made with the consent of the lord for the time being of the manor of which the same lands or houses, mines, minerals, quarries, or beds, shall be holden, in addition to the other consents here- by made requisite to the validity of such lease or grant, and such consent shall amount to a valid licence to lease or grant the same lands or houses, mines, mine- rals, quarries, or beds, water-courses, ways, or easements, (as the case may be,) for the time for which the same shall be expressed to be demised or granted by such lease or grant. " XXI. And be it enacted, that the consent of each person whose consent is hereby required to any deed to be made under the authority of this act shall be testified by such person being made a party to such deed, and duly executing the same. " XXII. And be it enacted, that in any case in which the consent or concur- rence of the patron of any benefice is hereby required, and the patronage of such benefice shall be in the crown, the consent or concurrence of the crown shall be testified in the maimer hereinafter mentioned; (that is to say,) if such benefice shall be above the yearly value of twenty pounds in the King's Books, the instru- ment by which such consent or concurrence is to be testified shall be executed by the lord high treasurer or first commissioner of the Treasury for the time being ; and if such benefice shall not exceed the yearly value of twenty pounds in the King's Books, such instrument shall be executed by the lord high chancellor, lord keeper or lords commissioners of the great seal, for the time being ; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancas- ter, such instrument shall be executed by the chancellor of the said duchy for the time being ; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. " XXIII. And be it enacted, that in any case in which the consent or concur- rence of the patron of any benefice is hereby required, and the right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the con- sent or concurrence of the patron of such benefice to the exercise of such power shall be testified in the manner hereinafter mentioned; (that is to say,) the instru- ment by which such consent or concurrence is to be testified shall, whenever there shall be a Duke of Cornwall, whether he be of full age or otherwise, be under his great or privy seal, or if there be no Duke of Cornwall, and such benefice shall be in the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by the same person or persons who is or are authorized to testify the consent or concurrence of the crown ; and such instrument, being so sealed or executed, shall be deemed and taken, for the purposes of this act, to be an execu- tion by the patron of the benefice. " XXIV. And be it enacted, that in any case in which the consent or concur- rence of the patron of any benefice, or of the lord for the time being of any manor, is hereby required, and the patron of such benefice, or the lord for the time being of such manor, as the case may be, shall be a minor, idiot, lunatic, or feme covert, or beyond seas, it shall be lawful for the guardian, committee, husband, or attorney, as the case may be, of such patron or lord, but in case of a feme covert not being a minor, idiot, or lunatic, or beyond the seas, with her consent in writing, to execute the instrument by which such consent or concurrence is to be testified, in testi- mony of the consent or concurrence of such patron or lord ; and such execution shall, for the purposes of this act, be deemed and taken to be an execution by the patron of the benefice, or by the lord of the manor, as the case may be. " XXV. And be it enacted, that the person or persons, if not more than two, 7 A 2 Stat. .5 & 6 Vict. c. 108. Consentiug parties to be parties to the deeds. How consent of patron to be testified where patron- age in the crown ; How where patronage is attached to the duchy of Cornwall : How where patron or lord of manor is an incapacitated person. Persons enti- 2196 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 108. tied to present on vacancy shall be con- sidered the patron. Same party may consent in more than one character. Corporations aggregate to act by their common seal. Act to extend to lands held in trust for corporations. or the majority of the persons if more than two, or the corporation, who or which would for the time being be entitled to the turn or right of presentation to any benefice if the same were then vacant, shall, for the purposes of this act, be consi- dered to be the patron thereof; provided nevertheless, that in the case of the patronage being exercised alternately by different patrons, the person or persons, if not more than two, or the majority of the persons, if more than two, or the corpo- ration, who or which would for the time being be entitled to the second turn or right of presentation to any benefice if the same were then vacant, shall for the purposes of this act, jointly with the person or persons or corporation entitled to the first turn or right of presentation, be considered to be the patron thereof. " XXVI. And be it enacted, that in all cases in which any person shall sustain more than one or all of the characters in which his execution of or consent to or concurrence in any deed or act is required by this act, such person shall or may at any time act in both or all of the characters which he shall so sustain as aforesaid, and execute and do all or any of such deeds and acts as are hereby authorized to be executed and done, as effectually as different persons, each sustaining one of* those characters, could execute and do the same. " XXVII. And be it enacted, that in all cases in which the consent or concur- rence of any corporation aggregate having a common seal shall be requisite to any lease, grant, appointment of a surveyor, or other deed, writing, or instrument, to be made in pursuance and for the purposes of this act, the consent or concurrence of such corporation shall be testified by the sealing of the lease, grant, appoint- ment, or other deed, writing, or instrument with the common seal of such corporation. " XXVIII. And be it enacted, that whenever any lands are or shall be vested in any trustee or trustees, in trust or for the benefit of any corporation, aggregate or sole, hereby empowered to grant leases as aforesaid, in such a manner as that the net income, or three fourth parts at the least of the net income, of such lands is or shall be payable for the exclusive benefit of such corporation, all the powers of this act which, in case such lands had been legally vested in such corporation for the sole and exclusive benefit of such corporation, might have been exercised by such corporation in relation to or affecting the same lands, shall or may be exercised by such corporation in the same or the like manner as the same might have been exer- cised by such corporation in case the same lands were legally vested in such corpo- ration as aforesaid ; but in order to give legal effect to any lease, grant, confirma- tion, or general deed to be executed in relation to any such lands in pursuance of this act, the trustee or trustees of the land intended to be affected thereby shall be made a party or parties to such lease, grant, confirmation, or general deed, (as the case may be,) in addition to the other parties whose concurrence is hereby declared to be requisite to any such deed, and shall join in the demise, grant, confirmation, or appropriation intended to be thereby made ; and the trustee or trustees of any such lands is and are hereby directed and required at all times to execute any deed to which he or they may be made a party or parties, with a view to give legal effect to any such lease, grant, general deed, or confirmation as aforesaid, so soon as the same may be tendered to him or them for execution after the same shall have been duly executed by the corporation beneficially entitled to such lands as afore- said ; and the person or corporation, or several persons or corporations, whose con- sent is hereby declared to be requisite to the validity of any lease granted by any such corporation, and the fact that any such deed is executed by the other parties whose execution shall be necessary to give effect to the same shall be a sufficient authority for the execution thereof by the trustee or trustees of the same lands, and it shall not at any time afterwards be necessary for such trustee or trustees or for any other person or persons to prove that such deed was executed by such other parties, or any of them, prior to the execution thereof by such trustee or trustees ; provided that no trustee shall by virtue of or under this provision be compellable to execute any deed whereby he shall render himself in any way liable, further than by a covenant for quiet enjoyment by any lessee or grantee as against the acts of the trustee executing such deed. STATUTA VICTORLE. A.D. 1837—1844. 2197 " XXIX. And be it enacted, that the part which shall belong to any corpora- Stat. 5 & 6 tion exercising any of the powers conferred by this act of any lease, grant, or con- VlcT- c- 108- firma ion which shall be granted or made under the authority of this act, and Counterparts every map, plan, statement, certificate, valuation, and report relating thereto, shall, ^^"^ within six calendar months next after the date of such lease, grant, apportioned instruments to lease, confirmation, or general deed, (as the case may be,) be deposited with the be deposited, said ecclesiastical commissioners for England, and shall be for ever thereafter per- and to be open petuallykept and preserved in the office of the said commissioners, who shall, upon a^n^ec°e10n' any such deposit being so made, give unto the corporation by or on behalf of whom COpies to be such deposit shall have been made a certificate of such deposit ; and any instru- evidence, ments or documents which may have been deposited as aforesaid shall be produced at all proper and usual hours, at such office, to the corporation to whose lands or estate the same relate, or to the patron of the benefice, or to any person or persons applying to inspect the same on behalf of any such person or corporation as afore- said ; and an office copy of any such instrument or document, certified under the seal of the said commissioners, (and which office copy so certified the said commis- sioners shall in all cases, upon application in that behalf, give to any corporation or person to whom such liberty of inspection is given as aforesaid,) shall in any action against the lessee, and in all other cases, be admitted and allowed in all courts what- soever as legal evidence of the contents of such instrument or document, and of the due execution thereof, by the parties who on the face of such office copy shall appear to have executed the same, and in the case of any lease, grant, or confirma- tion, of the due execution by the lessee of the counterpart thereof. " XXX. And be it enacted, that if, in the case of any lease, grant, or confirma- Lease to be tion granted or made under this act, any fine, premium, or foregift, or anything in J°id if any the nature thereof, shall directly or indirectly have been paid or given by or on m"umrpaid" behalf of the lessee or grantee, and taken or received by the lessor or grantor, such lease, grant, or confirmation shall be absolutely void. " XXXI. And be it enacted, that in the construction and for the purposes of Interpretation this act the several following words shall have the meanings hereinafter assigned to °* act- them respectively, unless there shall be something in the subject or context repug- nant to such construction; (that is to say,) the word 'person' shall be construed " Person." to include the queen's majesty, and any corporation, aggregate or sole, as well as a private individual: the word 'lands' shall be construed to include lands of any "Lands." tenure, whether the same shall or shall not have any houses or other erections or buildings thereon : the word 'houses' shall be construed to include all erections "Houses." and buildings whatsoever, whether for residence or for commercial or any other purposes: the word 'benefice' shall be construed to comprehend every rectory, "Benefice." with or without cure of souls, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry, and district chapelry, the incumbent or holder of which in right thereof shall be a corporation sole : and every word importing the singular Number, number shall extend and be applied to several persons or parties as well as one person or party, and several things as well as one thing : and every word importing the plural number shall extend and be applied to one person or party or thing as well as several persons or parties or things : and every word importing the mascu- Gender, line gender shall extend and be applied to a female as well as male. Act to extend " XXXII. And be it enacted, that this act shall extend only to that part of the only t0 EnS' United Kingdom called England and Wales, and to the isle of Man, and to the WatesTtsle 0f islands of Guernsey, Jersey, Alderney, and Sark. Man, &c. " XXXIII. And be it enacted, that this act may be amended or repealed by Act may be any act to be passed in this present session of parliament." amended, &c. this session. CXXIII. Stat. 5 & 6 Victoria, c. 100. A.D. 1842. Stat- 5 & 6 Vict. c. 109. "An Act for the Appointment and Payment of Parish Constables'1 [VI All clergymen in holy orders ; all priests of the Roman catholic faith who shall have duly taken and subscribed the oaths and declarations required by law ; all persons who shall teach or preach in any congregation of protestant 2198 STATUTA VICTORIA. A.D. 1837-1844. Stat. 5 & 6 Vict. c. 109. dissenters, whose place of meeting is duly registered, and who shall follow no secular occupation except that of a schoolmaster, producing a certificate of some justice of the peace of their having taken the oaths and subscribed the declaration required by law ; have been exempted from serving the office of constable.] Stat. 5 & G Vict. cap. cix. CXXIV. Stat. 5 & 6 Victoria, cap. cix. A.D. 1842. 'An Act for establishing a General Cemetery for the Interment of the Dead in the Parish of Sorming, near the Town of Reading, in the County of Berks." Stat. 5 &. 6 Vict. c. 112. 5 & 6 Gul. 4, c. 30. 6 & 7 Gul. c. 67. Recited acts, so far as they apply to St. Asaph and Bangor, con- tinued to 1st October, 1843. Certain tithes, &c. annexed to the sees. 6 & 7 Gul. 4, c. 77. Act may be amended, &c. this session. CXXV. Stat. 5 & 6 Victoria, c. 112(1). A.D. 1842. "An Act for suspending, until the first day of October, One thousand eight hundred and forty-three, Appointments to certain Ecclesiastical Preferments in the Dioceses of Saint Asaph and Bangor; and for securing certain Property to the said Sees." M Whereas a temporary act was passed in the sixth year of the reign of his late majesty, intituled, 1 An Act for protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for pre- venting the Lapse thereof during the pending Inquiries respecting the State of the Established Church in England and Wales ;' and another temporary act was passed in the seventh year of the same reign, intituled, ' An Act for suspending, for one Year, Appointments to certain Dignities and Offices in Cathedral and Col- legiate Churches, and to Sinecure Rectories f and the said acts, so far as they apply to the dioceses and cathedral churches of Saint Asaph and Bangor, have been and are continued until the first day of August next, and if parliament be then sitting, until the end of the then session of parliament ; and it is expedient further to continue the same for a limited time : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said acts, so far as they apply to the said dioceses and cathedral churches of Saint Asaph and Bangor, shall continue and be in force until the first day of October in the year one thousand eight hundred and forty- three. " II. And be it enacted, that all lands, tithes, tenements, and other heredita- ments and endowments whatsoever, held, possessed, or received by the Right Reverend William Carey, bishop of Saint Asaph, and the Right Reverend Chris- topher Bethell, bishop of Bangor, respectively, as such bishops, not being so held, possessed, or received in respect of any benefice with cure of souls, shall be and be deemed to be to all intents and purposes part and parcel of the lands, tithes, tene- ments, and other hereditaments and endowments of the respective sees of Saint Asaph and Bangor, or of the united see of Saint Asaph and Bangor, as the case may be, and shall continue to be held, possessed, and received by the bishops of the same sees for the time being ; subject nevertheless to any order in council issued under the provisions of an act passed in the seventh year of the reign of his late majesty, intituled, 1 An Act for carrying into effect the Reports of the Com- missioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage/ or of any other act of par- liament. " III. And be it enacted, that this act may be repealed or amended during this session of parliament." Stat. 5 & 6 CXXVI. Stat. 5 & 6 Victoria, c. 113(2). [Ireland.] A.D. 1842. Vict. c. 113. jjR j ' ' "An Act for Confirmation of certain Marriages in Ireland." Marriages " Whereas marriages have in divers instances been had and celebrated in Ire- heretofore ce- land by presbyterian and other protestant dissenting ministers or teachers, or those (1) Vide Stat. 6^7 Vict. c. 77. (2) Vide Stat. 6 & 7 Vict. c. 39. STATUTA VICTORIA. A.D. 1837—1844. 2199 who at the time of such marriages had been such, between persons being of the same or different religious persuasions, and it is expedient to confirm such mar- riages : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that all mar- riages heretofore had and celebrated in Ireland by presbyterian or other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, shall be, and shall be adjudged and taken to have been and to be, of the same force and effect in law as if such marriages had been had and solemnized by clergymen of the said united church of England and Ireland, and of no other force nor effect whatsoever. " II. Provided always, and be it enacted, that nothing in this act contained shall extend or be construed to extend to or affect any marriage declared invalid by any court of competent jurisdiction before the passing of this act, nor any mar- riage where either of the parties shall, at any time afterwards during the life of the other party, have lawfully intermarried with any other person, nor any mar- riage respecting which any criminal prosecution shall be depending at the time of the passing of this act. " III. Provided further, and be it enacted, that nothing in this act contained shall extend or be construed to extend to or affect any act done before the passing of this act under the authority of any court, or in the administration of any per- sonal estate or effects, or the execution of any will or testament, or the perform- ance of any trust. " IV. And be it enacted, that this act may be amended, altered, or repealed by any act to be passed in this present session of parliament." Stat. 5 & 6 Vict. c. 113. [IrJ leb rated by presbyterian or other dis- senting mi- nisters, &c. to be of force as if solemnized by clergymen of established church. This act not to affect certain marriages. Any act already done under the authority of any court, &c. not affected. Act may be amended, &c. this session. CXXVII. Stat. 5 & G Victoria, c. 119. A.D. 1842. Stat. 5 & 6 Vict c ll^K "An Act to amble Her Majesty to grant Furlough Allowances to the Bishops of Calcutta, Madras, and Bombay, who shall return to Europe for a limited Period after residing in India a sufficient Time to entitle them to the highest Scale of Pension." " Whereas by law the salaries of the Bishops of Calcutta, Madras, and Bombay respectively are payable to them respectively only so long as they respectively exercise the functions of their several offices in the East Indies, and no longer ; and the pensions which her majesty is empowered to grant to such bishops respectively can by law be granted only on their respective resignation of their said offices : and whereas it is expedient to enable her majesty to make a moderate provision for such of the said bishops who, after such residence in the East Indies as hereinafter mentioned, shall, with her majesty's permission, return to Europe for a period not exceeding eighteen calendar months, and also to provide for making a further pay- ment to the Bishop of Madras and the Bishop of Bombay respectively, if during such absence of the Bishop of Calcutta such Bishop of Madras or Bombay shall perform the functions of the said Bishop of Calcutta ; be it enacted by the queen' most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that in case her majesty shall be pleased from time to time Empowering or at any time to grant permission to any Bishop of Calcutta who shall have her majesty resided in the East Indies for a period often years, and to any Bishop of Madras \° Srant ^' ' low&nccs to or of Bombay who shall have resided in the East Indies for a period of fifteen jn^ia years, to return to Europe for a period not exceeding eighteen calendar months bishops absent from the time of departure from the East Indies, then and in every such case it on leave, shall be lawful for her majesty, in manner mentioned in an act of the fifty- third year of the reign of his majesty George the Third as to the grant of the pension to the Bishop of Calcutta, to grant to such Bishop of Calcutta, Madras, or Bombay respectively, so returning to Europe, a furlough allowance not exceeding the highest amount of pension which her majesty is by law empowered to grant to any such bishop, and for a period not exceeding eighteen calendar months from the time of the departure of such bishop from the East Indies. 2200 STATUTA VICTORIA. A.D. 1837—1844. Stat. 5 & 6 Vict. c. 119. Farther fur- lough and allowance may be granted. Allowance to but one bishop at a time. Additional allowance to bishops per- forming func- tions of bishops absent on furlough. " II. And be it enacted, that it shall he lawful for her majesty to grant to any such bishop who, having obtained such furlough and received such furlough allow- ance, shall have returned to the East Indies, and have resumed the functions of his office, a second furlough of similar duration and of similar amount, to com- mence from and after the expiration of five years from the time of such bishop's resuming the exercise of his functions in the East Indies. " III. Provided always, and it is hereby enacted, that it shall not be lawful for her majesty to grant such furlough allowance to more than one such bishop at one and the same time. " IV. And be it enacted, that in case it shall please her majesty to extend the ecclesiastical jurisdiction and functions of the Bishops of Madras and Bombay, or of either of them, so as to enable such last-mentioned bishop, during such absence of the Bishop of Calcutta, to perform the functions of the said Bishop of Calcutta, then and in that case, so long as the Bishop of Madras or the Bishop of Bombay shall perform the functions of the Bishop of Calcutta, the said Bishop of Madras or the Bishop of Bombay shall, in addition to his salary as Bishop of Madras or Bom- bay, have and be entitled to a further annual allowance of ten thousand company's rupees for so long time as he shall perform the functions of such Bishop of Cal- cutta." Stat. 6 & 7 Vict. c. 6. 30 Car. 2, St. II. Extension of the time for peers to make oaths, &c. in in the House of Lords till five o'clock in the afternoon. CXXVIII. Stat. 0 & 7 Victoria, c. 6. A.D. 1843. "An Act to alter the Hours within which certain Oaths and Declarations are to be made and subscribed in the House of Peers." " Whereas by an act passed in the thirtieth year of the reign of King Charles the Second, intituled, ' An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament/ certain oaths and declarations are required to be made and subscribed by peers and members of the House of Peers, which said oaths and declarations are required to be made and subscribed between the hours of nine in the morning and four in the afternoon : and whereas it is expedient that the time for making the said oaths and subscribing the said declarations by peers and members of the House of Peers should be extended as hereinafter mentioned : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act the said oaths and declarations, and all other oaths or declarations required to be made and subscribed by peers and mem- bers of the House of Peers at the table of the said house, shall and may be made and subscribed betwixt the hours of nine in the morning and five in the afternoon ; and that the said oaths and declarations made and subscribed between the hours last aforesaid shall be as effectual to all intents and purposes as if made and sub- scribed within the hours mentioned in the said recited act." Stat. 6 & 7 Vict. c. 10. 4 & 5 Vict, c. 56. 7 & 8 Geo. c. 30. 4, CXXIX. Stat. 6 & 7 Victoria, c. 10. A.D. 1843. "An Act for removing Doubts as to the Punishment which may be awarded under the Provisions of an Act of the fourth and fifth years of Her present Majesty, 'for taking away the Punishment of Death in certain Cases,' for certain Offences therein specified." " Whereas in and by an act passed in the fourth and fifth years of the reign of her present majesty, intituled, 'An Act for taking away the Punishment of Death in certain Cases, and substituting other Punishments in lieu thereof,' it was amongst other things enacted, that whereas by an act passed in the eighth year of the reign of his late majesty King George the Fourth, intituled, 'An Act for consolidating and amending the Laws relating to malicious Injuries to Pro- perty,' it was amongst other things enacted, that if any persons riotously and tumultously assembled together to the disturbance of the public peace should unlawfully and with force demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any church or chapel, or any chapel for the religious wor- STATUTA VICTORIA. A.D. 1837—1844. 2201 ship of persons dissenting from the united church of England and Ireland, duly- registered or recorded, or any house, stable, coachhouse, outhouse, warehouse, office, shop, mill, malthouse, hopoust, barn, granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manu- facture, or in any branch thereof, or any steam engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in con- ducting the business of any mine, or any bridge, waggon- way, or trunk for con- veying minerals from any mine, every such offender should be deemed guilty of felony, and being convicted thereof should suffer death as a felon ; and that in case of every felony punishable under that act every principal in the second degree and every accessory before the fact should be punishable with death or otherwise, in the same manner as the principal in the first degree was by that act punishable : and whereas it was expedient that the said last-mentioned offences should be no longer punishable with death ; that from and after the commencement of the said act of the fourth and fifth years of the reign of her present majesty, if any person should be convicted of any of the offences hereinbefore specified, whether as prin- cipal, or as principal in the second degree, or as accessory before the fact, such per- son should not be subject to any sentence, judgment, or punishment of death, but should, instead of the sentence or judgment in and by the said act hereinbefore first recited ordered to be given and awarded against persons convicted of the abovementioned offences or any of them respectively, be liable, at the discretion of the court, to be transported beyond the seas for any term not less than seven years, or to be imprisoned for any time not exceeding three years : and whereas doubts have arisen whether such offenders are liable, under the provisions of the said act of the fourth and fifth years of the reign of her present majesty hereinbefore recited, to be transported beyond the seas for the term of their natural lives : and whereas it is expedient to put an end to such doubts : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, if any person shall be convicted of any of the offences hereinbefore in the said act first above recited specified, such person shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than seven years, or to be imprisoned, with or without hard labour, for any time not exceeding three years." Stat. 6 & 7 Vict. c. 10. Punishment for offences hereinbefore specified. CXXX. Stat. 6 & 7 Victoria, cap. xvi. A.D. 1843. 'An Act for the Division of the Rectory of Walton-on-the-Hill, in the County Palatine of Lancaster, and for authorizing Sales and Conveyances in fee, or Leases for long terms of years, for Building Purposes, and other Dispositions, to be made of the Lands and Revenues belongina to the said Rectory, and to the Vi carage of Walton-on-the-Hill, for the Endowment of such separate Rectories and the A ugmentation of such Vicarage.11 Stat. 6 & 7 Vict. cap. xvi. CXXXI. Stat. 6 & 7 Victoria, cap. xxiv. A.D. 1848. Stat. 6 cSc 7 "An Act for establishing a Cemetery in Birkenhead and Claughton-cum-Grange, xxiv. °AP or one of them, in the County of Chester" CXXXII. Stat. 6 & 7 Victoria, c. 28. [Ireland.] A.D. 1843. Stat. 6 & 7 "Ah Act to abolish the Roman Catholic Oath as a Qualification for Voters at p^j' °" 28' Elections in Ireland." CXXXIII. Stat. 6 & 7 Victoria, cap. xxxvi. A.D. 1843. "An Act for amending the Act establishing < The London Cemetery Company:" Stat. 6 & 7 Vict. cap. xxxvi. 2202 STATUTA VICTORliE. A.D. 1837—1844. Stat. 6 & 7 "Vict, c. 37. Queen Anne's bounty board may lend ecclesiastical commissioners for England a sum of stock. Bounty board may lend fur- ther sums of stock. Commissioners to pay divi- dends half- yearly. The whole property of the commissioners under the Cathedral Acts to be security for every such loan. 3 & 4 Vict. c. 113. 4 & 5 Vict. c. 39. CXXXIV. Stat. 6 & 7 Victoria, c. 37. A.D. 1843. "An Act to make better Provision for the Spiritual Care of Populous Parishes.'1 " "Whereas it is expedient to make better provision for the spiritual care of populous parishes, and to render the estates and revenues vested in 4 the ecclesias- tical commissioners for England,' and the funds at the disposal of ' the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy,' applicable immediately to such purpose : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said ecclesiastical commissioners for England may, upon the conditions hereinafter mentioned, forthwith borrow, and the said governors of the bounty of Queen Anne, together with the Most Reverend William Howley Lord Archbishop of Canterbury, may, upon the security hereinafter men- tioned, forthwith lend and transfer to the said commissioners, the capital sum of six hundred thousand pounds three pounds per centum reduced bank annuities, part of a certain sum of such stock now standing in the names of the said governors and of the said archbishop in the books of the governor and company of the bank of England. " II. And be it enacted, that at any time and from time to time the said com- missioners may borrow, and the said governors and the Archbishop of Canterbury for the time being may, if they shall think fit, lend and transfer to the said com- missioners, in like manner, and upon the like security and conditions, any further capital sum or sums of stock, being part of the stock so standing as aforesaid. " III. And be it enacted, that the said commissioners shall, upon the transfer of any such stock as aforesaid into their names in the books of the said governor and company, accept the same in such books, and shall pay or cause to be paid to the said governors, by half-yearly payments on the tenth day of April and the four- teenth day of October in every year, a sum equal in amount to the amount of the dividends which such stock, or so much thereof as shall on such days respectively remain unreplaced, would produce ; and that it shall be lawful for the said com- missioners at any time to replace the whole or any part of any such sum of stock. " IV. And be it enacted, that all the monies from time to time accruing to the said commissioners by reason of the suspension of canonries by or under the provi- sions of an act passed in the session of parliament held in the third and fourth years of the reign of her present majesty, intituled, 4 An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' and of an act passed in the session of parliament held in the fourth and fifth years of the reign of her present majesty, intituled, ' An Act to explain and amend two several Acts relating to the Ecclesiastical Commissioners for England,' and all the lands, tithes, rent-charges, tenements, and other heredita- ments vested or to be vested in them under the provisions of the same acts or of this act, and the rents and profits thereof, shall be and the same are hereby charged and made chargeable with all such half-yearly payments as aforesaid, and also with the repayment and replacing of the whole capital stock so to be lent and transferred to them, if any such half-yearly payment, or any part thereof, shall remain unpaid for twenty days next after either of the days upon which the same shall have become due and payable as aforesaid ; and that upon any such default as last men- tioned the said governors shall, by virtue of this act, and upon proof of such default, have the same and the like remedies at law against the said ecclesiastical commissioners for England, and upon and over all the monies, lands, tithes, rent- charges, tenements, and other hereditaments in their possession or power under the provisions of the said recited acts, for the recovery of such capital stock, or so much thereof as shall then remain unreplaced, together with all arrears of half- yearly payments due thereon as aforesaid, as if the said commissioners had duly executed a deed under their common seal, covenanting for repayment to the said governors of such stock, and for making such half-yearly payment on the day when STATU T A VICTORIA. A.D. 1837-1844. 2203 such default shall have become complete as aforesaid ; and that such transfer and acceptance as aforesaid shall be sufficient evidence of such covenant. " V. Provided also, and be it enacted, that it shall be lawful for the said governors, if they shall see fit, at or after the expiration of thirty years from the date of the lending and transferring of the said sum, and at or after the expiration of a like number of years from and after the lending and transferring of any further sum of such stock as aforesaid, to give notice to the said commissioners, in writing under their corporate seal, requiring them to replace, in the names of the said governors and of the Lord Archbishop of Canterbury for the time being, the whole of such sums of stock respectively, or such part thereof respectively as shall at the date of such notice remain unreplaced, and the said commissioners shall proceed to replace the same accordingly, by yearly instalments, amounting at the least to one twelfth part of such sums of stock respectively, or of such remaining part thereof as aforesaid, and upon default of their duly replacing any such instalment the said governors shall have the like remedies for recovering the same, as for any default in making any such half-yearly payment as aforesaid. "VI. And be it enacted, that, notwithstanding the charge by this act created, all the same and the like rights and powers of ownership as are possessed and enjoyed respecting and over any lands, tithes, rent-charges, tenements, or other hereditaments whatsoever, by any absolute owner thereof, shall be enjoyed by the said commissioners with respect to and over all or any lands, tithes, rent-charges, tenements, and other hereditaments vested and liable to be vested in them by or under the provisions of the said recited acts, and may, subject to the provisions of the same acts and of this act, be exercised by them, by proper instruments in writing duly executed according to law, but in the case of any such lands, tithes, rent-charges, and other hereditaments not actually in their possession, with the consent of the respective holders thereof, testified by their being made parties to such instruments ; and that the consent of the said governors shall not be in any case required to the exercise by the said commissioners of any such rights and powers as aforesaid, notwithstanding such charge : provided always, that every sum of money received as the consideration or purchase money for the sale, trans- fer, or conveyance by the said commissioners of any of such lands, tithes, tene- ments, or other hereditaments, or of any estate or interest therein, and also every sum of money received by them as the foregift or fine for the granting or renewing of any lease, shall, unless it be deemed expedient by the said commissioners to apply any such sum or any part thereof in replacing any stock so lent and trans- ferred as aforesaid, which they are hereby empowered to do, be applied by them so soon as conveniently may be after the receipt thereof, in the purchase of lands, tithes, rent-charges, tenements, or other hereditaments, or of some estate or interest therein, and shall in the meantime be invested in some government or parlia- mentary stock or other public securities in England, the said commissioners being at liberty to apply the interest and dividends of such stock or securities, and the rents and profits of such lands, rent-charges, tithes, tenements, and other heredita- ments, to the purposes of the said recited acts or of this act. "VII. And be it enacted, that the said commissioners shall, for the purposes and subject to the provisions of the said recited acts and of this act, have full power and right of property over all the stock so lent and transferred to them by the said governors as aforesaid. " VIII. Provided always, and be it enacted, that no part of the capital of such stock shall be applied to such purposes as aforesaid, nor shall any such lands, tithes, tenements, or other hereditaments as aforesaid be sold, transferred, or conveyed, except by the authority in the said recited acts provided ; (that is to say,) by a scheme prepared by the said commissioners, and an order issued by her majesty in council ratifying such scheme. " IX. And whereas there are divers parishes, chapelries, and districts of great extent, and containing a large population, wherein or in parts whereof the pro- vision for public worship and for pastoral superintendence is insufficient for the spiritual wants of the inhabitants thereof; be it therefore enacted, that if at any Stat. 6 & 7 Vict. c. 37. Bounty board may require repayment of capital after thirty years. Commissioners to have full rights of ownership over the landsT &c. vested in them, subject to certain con- ditions. Commissioners to have full power over stock. Stock not to be used, nor lands sold, without approval of her majesty in council. Districts may be constituted for spiritual purposes; 2204 STATUTA VICTORIA. A.D. 1837-1844. Stat. 6 & 7 Vict. c. 37. and are to be endowed to a certain amount at the least. Map of dis- trict to be annexed to scheme, and registered. Minister to be nominated and licensed to district. Style, and character of minister ; and power to hold endow, merits. time it shall be made to appear to the said ecclesiastical commissioners for England, that it would promote the interests of religion that any part or parts of any such parish or parishes, chapelry or chapelries, district or districts, or any extra- parochial place or places, or any part or parts thereof, should be constituted a separate district for spiritual purposes, it shall be lawful by the authority afore- said, with the consent of the bishop of the diocese under his hand and seal, to set out by metes and bounds, and constitute a separate district accordingly, such district not then containing within its limits any consecrated church or chapel in use for the purposes of divine worship, and to fix and declare the name of such district : provided always, that the draft of any scheme for constituting any such district, proposed to be laid before her majesty in council by the said commis- sioners, shall be delivered or transmitted to the incumbent and to the patron or patrons of the church or chapel of any parish, chapelry, or district out of which it is recommended that any such district or any part thereof should be taken, in order that such incumbent, patron or patrons, may have an opportunity of offering or making, to the said commissioners or to such bishop, any observations or objec- tions upon or to the constituting of such district ; and that such scheme shall not be laid before her majesty in council, until after the expiration of one calendar month next after such copy shall have been so delivered or transmitted, unless such incumbent and patron or patrons shall in the meantime consent to the same : provided also, that in every scheme for constituting any such district, the said commissioners shall recommend to her majesty in council, that the minister of such district, when duly licensed as hereinafter mentioned, shall be permanently endowed, under the provisions hereinafter contained, to an amount of not less than the annual value of one hundred pounds ; and also, if such endowment be of less than the annual value of one hundred and fifty pounds, that the same shall be increased under the like provisions to such last-mentioned amount, at the least, so soon as such district shall have become a new parish as hereinafter provided. " X. And be it enacted, that a map or plan, setting forth and describing such metes and bounds, shall be annexed to the scheme for constituting such district, and transmitted therewith to her majesty in council, and a copy thereof shall be registered by the registrar of the diocese, together with any order issued by her majesty in council for ratifying such scheme : provided always that it shall not be necessary to publish any such map or plan in the London Gazette. " XI. And be it enacted, that upon any such district being so constituted, a minister may and shall be nominated thereto in manner hereinafter provided, and may thereupon be licensed thereto by the bishop, and shall have power to perform and shall perform within such district all such pastoral duties appertaining to the office of a minister according to the rites and usages of the united church of England and Ireland as shall be specified and set forth in his licence, and, when a building shall be licensed within such district for divine worship in manner herein- after provided, shall also perforin such services and offices as shall be specified and set forth in the same or any further licence granted in that behalf by the bishop of the diocese : and such minister shall perform such pastoral duties, services, and offices respectively, independently of the incumbent or minister of the church of any parish, chapelry, or district out of which such new district or any part thereof shall have been taken, and shall, so far as the performance of the same may be authorized by such licence or licences, have the cure of souls in and over such new district: provided always, that no burials shall be performed in such licensed building, and that nothing in this act contained shall empower such bishop to include in any such licence the solemnization of marriages. " XII. And be it enacted, that such minister shall be styled ' The Minister of the District of according to the name thereof so fixed as aforesaid, and shall be in all respects subject to the jurisdiction of the bishop and archdeacon within whose diocese and archdeaconry such district shall be situate, and shall only be removeable from his office of such minister for the like reasons and in the same manner as any perpetual curate is now by law removeable; and such minis- ter shall be a body politic and corporate, and shall have perpetual succession, as STATUTA VICTORLE. A.D. 1807-1844. 2205 Bishop may license a tem- porary place of worship. Not to prevent marriages and burials in mother church, rights. well by the name and in the character aforesaid, as by the name and in the Stat. 6 & / character of perpetual curate hereinafter mentioned and provided, as the case may ICT- c- be ; and such minister and perpetual curate respectively may, in such name and character respectively, notwithstanding the Statutes of Mortmain, receive and take, to him and his successors, as well every grant of endowment or augmentation made or granted by the authority aforesaid, as also any real or personal estate or effects whatsoever which any person or persons or body corporate may give or grant to him according to law. "XIII. And be it declared and enacted, that it shall be lawful for the bishop of the diocese, at any time after the constituting of any such district as aforesaid, to license any building, within such district, which he may consider to be fit and proper for such purpose, for the performance of divine service by such minister according to the rites and usages of such united church ; and such minister may for any churchings performed under any such licence receive such fees as shall be fixed and determined in manner hereinafter provided ; and all laws now in force relating to the registration of baptisms shall apply to all baptisms performed under any such licence. "XIV. Provided always, and be it enacted, that, until a church or chapel shall have been built or acquired within such district, and shall have been approved and consecrated as hereinafter provided, nothing herein contained shall prejudice or affect the right of any incumbent of any o>her church or chapel, who before the nor affect cer- constituting of such district possessed the entire cure of souls within the same or any tain other part thereof, to publish any banns, solemnize any marriages, or perform any burials in his own church or chapel which he could have published, solemnized, or performed therein, or to receive any fees, dues, or emoluments (except the fees hereinbefore authorized to be received by the minister of such district) which as such incumbent he could have received if such district had not been constituted, nor any right to attend divine service in any other church or chapel, which any inhabitant of such district possessed before such district was constituted. " XV. And be it enacted, that, when any church or chapel shall be built, pur- chased, or acquired in any district constituted as aforesaid, and shall have been approved by the said commissioners, by an instrument in writing under their com- mon seal, and consecrated as the church or chapel of such district, for the use and consecrated.' service of the minister and inhabitants thereof, such district shall, from and after the consecration of such church or chapel, be and be deemed to be a new parish for ecclesiastical purposes, and shall be known as such by the name of 'The new Parish of instead of ' The District of according to the name so as aforesaid fixed for such district ; and such church or chapel shall become and be the church of such new parish accordingly; and any licence granted by the bishop, licensing any building for divine worship as aforesaid, shall thereupon become void ; and it shall be lawful to publish banns of matrimony in such church, and according to the laws and canons in force in this realm to solem- nize therein marriages, baptisms, churchings, and burials, and to require and receive such fees upon the solemnization of such offices or any of them as shall be fixed by the chancellor of the diocese in which such new parish shall be situate, and which fees, and also the fees for churchings to be received as aforesaid by the minister of such district, such chancellor is hereby empowered and required to fix accordingly ; and the like Easter offerings and dues may be received within the limits of such new parish by the perpetual curate thereof as are and were, at and before the time of the passing of this act, payable to the incumbent of the church of the principal parish of which such new parish originally formed a part ; and the several laws, statutes, and customs in force relating to the publication of banns of matrimony, and to the performance of marriages, baptisms, churchings, and burials, and the registering thereof respectively, and to the suing for and recovering of fees, oblations, or offerings in respect thereof, shall apply to the church of such new parish, and to the perpetual curate thereof for the time being: provided always, that it shall not be lawful for any such minister or perpetual curate to receive any fee for the performance of any baptism, within his district or new parish as the case may be, or for the registration thereof. District to become a new parish upon a church being 2206 STATUTA VICTORIA. A.D. 1837-1 844. Stat. 6 & 7 Vict. c. 37. Minister to become per- petual curate of new parish. Churchwar- dens to be chosen. Act not to affect parochial rights, &c. otherwise than as expressly provided. Endowment of minister. Compensation to incumbent of mother church. Patronage may be conferred upon contri- butors to en- dowment or to a church, or their no- minees. Remaining patronage to be exercised alternately by crown and bishops. " XVI. And be it enacted, that upon any such district so becoming a new parish, the minister of such district, having been duly licensed, shall, without any further process or form in law, become and be perpetual curate of such new parish and of the church thereof, and shall have exclusive cure of souls in and over such parish ; and shall be a body politic and corporate, and have perpetual succession ; and that such parish and church shall be and be deemed to be a perpetual curacy, and a benefice with cure of souls, to all intents and purposes. " XVII. And be it enacted, that in every such case of a district so becoming a new parish two fit and proper persons, being members of the united church of England and Ireland, shall, within twenty-one days from the consecration of the church thereof, be chosen churchwardens for such new parish, one being chosen by the perpetual curate thereof, and the other by the inhabitants, residing therein and having a similar qualification to that which would entitle inhabitants to vote at the election of churchwardens for the principal parish as aforesaid, or the majority of such inhabitants, and such election shall take place at a meeting to be summoned in such manner in all respects as such perpetual curate shall direct ; and such per- sons shall continue such churchwardens until the next usual period of appointing parish officers following their appointment ; and at the like time in every year two such persons shall thenceforward be chosen by the perpetual curate for the time being and inhabitants assembled as aforesaid ; and every person so chosen as afore- said shall be duly admitted, and shall do all things pertaining to the office of churchwarden as to ecclesiastical matters in the said new parish : provided always, that nothing herein contained shall render any such churchwardens liable or com- petent to perform the duties of overseer of the poor in respect of such their office of churchwardens. " XVIII. Provided always, and be it enacted, that, until parliament shall other- wise determine, nothing herein contained shall be construed to affect or alter any rights, privileges, or liabilities whatsoever, ecclesiastical or civil, of any parish, chapelry, or district, except as is herein expressly provided. " XIX. And be it enacted, that the said recited acts, so far as they apply to making better provision for the cure of souls, shall extend to authorize the endow- ment or augmentation of the income of such ministers and perpetual curates as aforesaid, to such an amount or in such proportion, and in such manner, as shall be deemed expedient, by the authority aforesaid ; and also to authorize the assign- ing, at any time and from time to time, to the incumbent of any church or chapel, whose fees, dues, or other emoluments shall be diminished by or in consequence of any proceeding under the provisions of this act, and, if it be deemed fit by the like authority, to his successors also, of such an annual sum as shall, upon due inquiry, appear to be a just and reasonable compensation for such diminution. " XX. And be it enacted, any law, statute, or canon to the contrary notwith- standing, that it shall be lawful, by the authority aforesaid, at any time, to assign the right of patronage of any such district or new parish as aforesaid, and the nomination of the minister or perpetual curate thereof respectively, either in per- petuity or for one or more nomination or nominations, to any ecclesiastical corpo- ration, aggregate or sole, or to either of the universities of Oxford, Cambridge, or Durham, or to any college therein respectively, or to any person or persons, or the nominee or nominees of such person or persons or body respectively, upon condi- tion of such corporation, university, college, person or persons contributing to the permanent endowment of such minister or perpetual curate, or towards pro- viding a church or chapel for the use of the inhabitants of such district or new parish, in such proportion and in such manner as shall be approved by the like authority. " XXI. And be it enacted, that the right of patronage and nomination of every such minister and perpetual curate, unless or until such right of patronage and nomination shall be otherwise wholly assigned, or except so far as the same shall be otherwise in part assigned, under the provisions in that behalf hereinbefore last contained, shall and may be exercised, alternately, by her majesty and her succes- sors and the bishop of the diocese for the time being in which the district or new STATUTA VICTORIA. A.D. 1807—1844. 2207 parish shall be situate ; the first such nomination being in each case made by her Stat. 6 & 7 *^ . Vict. c. 37. m8J« XXII. And for the encouragement of such persons as shall be disposed to Powers of contribute towards the purposes of this act, and that their charity may be rightly applied, be it enacted, that all and every person or persons, or body corporate, ment under having in his or their own right any estate or interest in possession, reversion, or 2 & 3 Ann. c. contingency of or in any lands, tithes, tenements, or other hereditaments, or any 11, and 45 property of or in any goods or chattels, shall have fuU power, licence, and autho- u°p0'n rity, at his and their will and pleasure, by deed enrolled in such manner and commissioners within such time as is directed by the statute made in the twenty -seventh year of for the pur- the reign of King Henry the Eighth, intituled, < An Act concerning Enrolments of poses of this Bargains and Contracts of Lands and Tenements,' in the case of any lands, tithes, ^'h^. 8f tenements, or other hereditaments, (but without any deed in the case of any goods c 16 or chattels,) or by his or their testament in writing, duly executed according to law, to give and grant to and vest in the said ecclesiastical commissioners for England and their successors all such his or their estate, interest, or property in such lands, tithes, tenements, or other hereditaments, goods, and chattels, or any part or parts thereof, for and towards the endowment or augmentation of the income of such ministers or perpetual curates as aforesaid, or for or towards pro- viding any church or chapel for the purposes and subject to the provisions of this act, and to be for such purposes respectively applied, according to the will of such benefactors respectively, as in and by such deed enrolled, or such testament, exe- cuted as aforesaid, may be expressed, or, in the case of no deed or testament, as may in some other manner be directed, and in default of such expression or direc- tion then in such manner as shall be directed by the authority hereinbefore men- tioned ; and such commissioners and their successors shall have full capacity and ability to purchase, receive, take, hold, and enjoy for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons who shall be willing to sell or aliene to the said commissioners any lands, tithes, tenements, or other hereditaments, goods, or chattels, without any licence or writ of ad quod damnum, the Statute of Mortmain, or any other statute or law, to the contrary notwithstanding. " XXIII. And be it enacted, that all the powers and authorities vested in her Powers of 3 & majesty in council and in the said commissioners by the said recited acts, with 4 d^&l)" V***t' reference to the matters therein contained, and all other the provisions of the same c extended acts relating to schemes and orders prepared, made, and issued for the purposes to this act. thereof, shall be continued and extended and shall apply to her majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively, with reference to all matters contained in this act, as fully and effectually as if the said powers, authorities, and other provisions were repeated herein ; and the provisions contained in an act passed in the second year 1 & 2 Vict, of her majesty's reign, intituled, ' An Act to abridge the holding of Benefices in c- 106. Plurality, and to make better Provision for the Residence of the Clergy,' respecting the party or parties to be deemed patron or patrons, for the purposes of notice to be served upon and consent to be given by such patron or patrons, and also respecting the manner in which and the party by whom any such consent is to be given, shall be construed to apply to the like matters respectively under this act. " XXIV. And whereas it may be expedient that her majesty's commissioners Church build- for building new churches should be able to apply a portion of the funds placed at ing commis- their disposal towards promoting the purposes of this act ; be it enacted, that it sioners may shall be lawful for the said commissioners to make any such grant in aid of the make &rants tor DUXDOSCS erection of any such new church or chapel as aforesaid as shall seem fit to them, if 0f this act. they are authorized so to do under the Church Building Acts, although the right of patronage of such church or chapel may not belong on the consecration thereof to the incumbent of the original parish in which such church or chapel shall be situate, anything in such acts to the contrary notwithstanding. " XXV . And whereas an act was passed in the seventeenth year of the reign of So much of King Charles the Second, intituled, 'An Act for uniting Churches in Cities and 17 Car-2»c-3t 2208 STATUTA VICTORS. A.D. 1837—1844. Stat. 6 & 7 Vict. c. 37. as enables im- propriators to augment, (repealed by 1 & 2 Vict.' c. 106, s. 15,) revived. Act not to extend to Scotland or Ireland. Act may be amended this session. Towns Corporate,' which, besides the provisions indicated by the title of the said act, contains enactments enabling impropriators to augment parsonages or vicarages in certain cases, and incumbents in certain cases to receive lands, tithes, and other hereditaments, without licence in mortmain ; and whereas by an act passed in the second year of the reign of her present majesty, intituled, * An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy,' the whole of the said act of King Charles the Second was repealed, and more extensive provisions were made for the uniting of churches, but none for augmentations or holding in mortmain according to the same act ; and it is expe- dient that the last-mentioned enactments should be revived : be it therefore enacted, that so much of the said act of King Charles the Second as enables any owner or proprietor of any impropriation, tithes or portion of tithes, to annex the same or any part thereof unto the parsonage, vicarage, or curacy of the parish church or chapel where the same lie or arise, or to settle the same in trust for the benefit of such parsonage, vicarage, or curacy, and authorizes parsons, vicars, or incumbents to receive lands, tithes, or other hereditaments without licence of mortmain, shall be, and the same is hereby revived ; and that all augmentations and grants at any time heretofore made according to the said act of King Charles the Second shall be as good and effectual as if the same had never been repealed. " XXVI. And be it enacted, that this act shall extend only to England and Wales, the isle of Man, the islands of Guernsey, Jersey, Alderney and Sark, and the Scilly Islands. " XXVII. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 6 & 7 Vict. c. 38. Appeals, &c. may be heard by not less than three members of the judicial committee of the Privy Council under a special order of her majesty. Powers of the judicial com- mittee and their surro- gates in re- spect to ap- peals from ecclesiastical and admiralty courts. CXXXV. Stat. 6 k 7 Victoria, c. 38. A.D. 1843. "An Act to make further Regulations for facilitating the hearing Appeals and other Matters by the Judicial Committee of the Privy Council.** " Whereas it has been found expedient to make further regulations for hearing and making report to her majesty in appeals and other matters referred to the judicial committee of the Privy Council, and for the more effectual appointment of surrogates in ecclesiastical and maritime causes of appeal, and for making orders or decrees incidental to such causes of appeal, and for the punishment of contempts, and compelling appearances and enforcement of judgments, orders, and decrees of her majesty in council, or of the said judicial committee, or their surrogates, in such causes of appeal ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in any appeal, application for prolongation or confirmation of letters patent, or other matter referred or hereafter to be referred by her majesty in council to the judicial committee of the Privy Council, it shall be lawful for her majesty, by order in council or special direction under her royal sign manual, having regard to the nature of the said appeal or other matter, and in respect of the same not requiring the presence of more than three members of the said committee, to order that the same be heard, and when so ordered it shall be lawful that the same shall be accordingly heard by not less than three of the members of the said judicial com- mittee, subject to such other rules as are applicable, or under this act may be applicable, to the hearing and making report on appeals and other matters by four or more of the members of the said judicial committee. " II. And be it enacted, that in respect of all incidents, emergents, dependents, and things adjoined to, arising out of, or connected with appeals from any ecclesi- astical court, or from any admiralty or vice-admiralty court, (save in giving a defi- nitive sentence, or any interlocutory decree having the force and effect of a defi- nitive sentence,) the said judicial committee and their surrogates shall have full power, subject to such mles, orders, and regulations as shall from time to time be made by the said judicial committee, (with the approval of her majesty in council,) to make all such interlocutory orders and decrees, and to administer all such oaths STATU T A VICTORIA. A.D. 1837—1844. 2209 and affirmations, and to do all such things as may be necessary, or the judges of the courts below appealed from or their surrogates in the cases appealed, or the judges of the courts appealed to or their surrogates, or the lords commissioners of appeals in prize causes or their surrogates, and the judges delegate or their condelegates under commissions of appeal under the great seal in ecclesiastical and maritime causes of appeal, would respectively have had before an act passed in the third year of the reign of his late majesty, intituled, ' An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council,' and another act passed in the following session of parliament, intituled, 4 An Act for the better Administration of Justice in His Majesty's Privy Council,' were passed. " III. And be it enacted, that the surrogates and examiners of the Arches court of Canterbury and the high court of Admiralty of England, and such persons as shall from time to time be appointed surrogates or examiners of the said courts, shall be by virtue of this act surrogates and examiners respectively of the judicial committee of the Privy Council in all causes of appeal from ecclesiastical courts and from any admiralty or vice-admiralty court. " IV. And be it enacted, that all orders, decrees, and things heretofore done and expedited in such causes of appeal by the surrogates appointed by the said judi- cial committee of the Privy Council shall be deemed to be valid and effectual, if otherwise lawfully done and expedited, notwithstanding any informality or want of authority in respect to the same in the orders of his late majesty in council of the fourth day of February, one thousand eight hundred and thirty -three, of the said judicial committee of the fifth day of February, one thousand eight hundred and thirty-three, of the order of his late majesty in council of the ninth day of December, one thousand eight hundred and thirty-three, of an order of the said judicial committee of the tenth day of December, one thousand eight hundred and thirty-three, and an order of his late majesty in council of the twelfth day of August, one thousand eight hundred and thirty-five. " V. And be it enacted, that, subject to such rules and regulations as may from time to time be made by the said judicial committee with the approval of her majesty in council, and save and in so much as the practice thereof may be varied by the said acts of the reign of his late majesty or by this act, the said causes of appeal to her majesty in council shall be commenced within the same times, and conducted in the same form and manner, and by the same persons and officers, as if appeals in the same causes had been made to the queen in Chancery, the high court of Admiralty of England, or the lords commissioners of appeals in prize causes respectively; and all things otherwise' lawfully done and expedited in the said causes of appeal by the registrar of the high court of Admiralty of England, his deputy or deputies, in consequence of the passing of the said acts of the reign of his late majesty, shall be deemed to be valid to all intents whatsoever. "VI. And whereas by the provisions of the hereinbefore secondly- recited act it was enacted, that the said judicial committee should have and enjoy in all respects such and the same power of punishing contempts and of compelling appearances, and that bis majesty in council should have and enjoy in all respects such and the same powers of enforcing judgments, decrees, and orders, (both in personam and in rem,) as are given to any court ecclesiastical by an act of parliament passed in a session of parliament of the second and third years of the reign of his majesty King William the Fourth, intituled, 'An Act for enforcing the Process upon Con- tempts in the Courts Ecclesiastical of England and Ireland,' and that all such powers as are given to courts ecclesiastical, if of punishing contempts or of com- pelling appearances, should be exercised by the said judicial committee, and of enforcing decrees and orders should be exercised by his majesty in council, in such and the same manner as the powers in and by such act of parliament given, and should be of as much force and effect as if the same had been thereby expressly given to the said committee or to his majesty in council; be it enacted, that so much of the said act as relates to the powers thereby given to the said judicial committee and to his majesty in council, under the last-recited act, shall be repealed. 7 B Stat. G & Vict. c. 3t 2 & 3 Gul. 4, c. 92. 3 & 4 Gul. 4, c. 41. Who to be surrogates and examiners ot the judicial committee in ecclesiastical and admiralty appeals. Past proceed- ings of surro- gates of the judicial com- mittee valid, notwithstand- ing certain informalities. Manner of conducting appeals before the judicial committee. So much of 2 Sc 3 Gul. 4, c. 93, as em- powers the judicial com- mittee and his majesty in council to punish con- tempts, &c. repealed. 2210 STATUTA VICTORIA. A.D. 1837—1844. Stat. 6 & 7 Vict. c. 38. Punishing contempts, compelling appearances, enforcing judgments, &c. in causes of appeal. 3 & 4 Vict, c. 65. Orders, &c. may be en- forced by sequestration against cer- tain persons pronounced contumacious and in con- tempt. Inhibitions, &c. to be in her majesty's name, and of force through- out the British dominions. Monitions for payments into the registry of the Admiralty court under orders, &c. All appeals from ecclesias- tical and admi- ralty courts may be re- ferred to the judicial com- mittee by an order in council. "VII. And be it enacted, that for better punishing contempts, compelling appearances, and enforcing judgments of her majesty in council, and all orders and decrees of the said judicial committee or their surrogates, in all causes of appeal from ecclesiastical courts, and from admiralty or vice-admiralty courts, her majesty in council and the said judicial committee and their surrogates shall have the same powers, by attachment and committal of the person to any of her majesty's gaols, and subsequent discharge of any person so committed, a3by any statute, custom, or usage belong to the judge of the high court of Admiralty of England ; and the said judicial committee shall have the same immunities and privileges as are conferred on the judge of the high court of Admiralty of England under an act passed in the fourth year of the reign of her majesty, intituled, 4 An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England,' as fully as if the same had been thereby expressly given to the said judicial committee, "VIII. And he it enacted, that in all causes of appeal to her majesty in council from ecclesiastical courts, and from admiralty or vice-admiralty courts, in which any person duly monished or cited or required to comply writh any lawful order or decree of her majesty in council, or of the said judicial committee or their surrogates, and neglecting or refusing to pay obedience to such lawful order or decree, or committing any contempt of the process under the seal of her majesty in ecclesiastical and maritime causes, shall reside out of the dominions of her majesty, or shall have privilege of peerage, or shall be a lord of parliament or a member of the house of commons, it shall be lawful for the said judicial com- mittee or their surrogates to pronounce such person to be contumacious and in cjn- tempt, and after he shall have been so pronounced contumacious and in contempt to cause process of sequestration to issue under the said seal of her majesty against the real and personal estate, goods, chattels, and effects, wheresoever lying within the dominions of her majesty, of the person against or upon whom such order or decree shall have been made, in order to enforce obedience to the same, and pay- ment of the expenses attending such sequestration, and all proceedings consequent thereon, and to make such further order in respect of or consequent on such sequestration, and in respect of such real and personal estate, goods, chattels, and effects sequestrated thereby, as may be necessary, or for payment of monies arising from the same to the person to whom the same may be due or into the registry of the high court of Admiralty and Appeals for the benefit of those who may be ultimately entitled thereto. " IX. And be it enacted, that all inhibitions, citations, monitions, and other instruments incidental to or arising out of such causes of appeal shall be issued in the name of her majesty, and under seal of her majesty in ecclesiastical and mari- time causes, and shall be of full authority in all places throughout the dominions of her majesty. " X. And be it enacted, that in all appeals in ecclesiastical and maritime causes to her majesty in council it shall be lawful for her majesty in council, and the said judicial committee or their surrogates, at the petition of any person interested in the same, to decree monitions for the transmission of any sum or sums of money respecting which any order or decree may be made, or any questions may be depending arising out of such causes, and the proceeds of all ships or vessels, goods, and cargoes respecting which any appeals may be depending, into the registry of the high court of Admiralty and Appeals, for the benefit of the person or persons who may be ultimately entitled thereto, or for payment thereof to the person to whom the same may be lawfully due. " XI. And be it enacted, that it shall be lawful for her majesty, by order in council, to direct that all causes of appeal from ecclesiastical courts, and from the vice-admiralty court of the Cape of Good Hope, and all vice-admiralty courts to the westward thereof, in which the appeal and petition of reference to her majesty shall have been lodged in the registry of the high court of Admiralty and Appeals within twelve calendar months from the giving or pronouncing of any order, decree, or sentence appealed from, and all causes of appeal from vice-admiralty courts to the eastward of the Cape of Good Hope, in which the appeal and petition STATUTA VICTORIA. A.D. 1837—1844. 2211 of reference to her majesty shall have been lodged in the registry of the high court of Admiralty and Appeals within eighteen calendar months from the giving or pronouncing any order, decree, or sentence appealed from, shall be referred to the judicial committee of the Privy Council, and the said judicial committee and their surrogates shall have full power forthwith to proceed in the said appeals, and the usual inhibition and citation shall be decreed and issued, and all usual proceedings taken, as if the same had been referred to the said judicial committee by a special order of her majesty in council in each cause respectively. " XII. And be it declared and enacted, that as well the costs of defending any decree or sentence appealed from as of prosecuting any appeal, or in any manner intervening in any cause of appeal, and the costs on either side, or of any party, in the court below, and the costs of opposing any matter which shall be referred to the said judicial committee, and the costs of all such issues as shall be tried by direction of the said judicial committee respecting any such appeal or matter, shall be paid by such party or parties, person or persons, as the said judicial committee shall order, and that such costs shall be taxed as in and by the said act for the better administration of justice in the Privy Council is directed, respecting the costs of prosecuting any appeal or matter referred by her majesty under the authority of the said act, save the costs arising out of any ecclesiastical or maritime cause of itpi eaJ, which shall be taxed by the registrar hereinafter named, or his assistant registrar. " XIII. And be it enacted, that the registrar of the high court of Admiralty of England for the time being may be appointed by her majesty to be registrar of her majesty in ecclesiastical and maritime causes, and shall have power to appoint an assistant registrar, as provided by an act passed in the fourth year of the reign of her majesty, intituled, 4 An "Act to make Provision for the Judge, Registrar, and Marshall of the High Court of Admiralty of England,' and shall during his good behaviour, and while he shall be registrar of the said high court of Admiralty, hold his office of registrar of her majesty in ecclesiastical and maritime causes, and shall do all such things, and shall have the same powers and privileges in respect to the same, as belong to his predecessors in the office of registrar of his majesty in eccle- siastical and maritime causes. " XIV. And be it enacted, that all records, muniments, books, papers, wills, and other documents remaining in the registry of the high court of Admiralty and Appeals, appertaining to the late high court of Delegates and Appeals for prizes, shall be and remain in the custody and possession of the said registrar of her majesty in ecclesiastical and maritime causes. " XV. And be it enacted, that it shall be lawful for the said judicial committee from time to time to make such rules, orders, and regulations, respecting the prac- tice and mode of proceeding in all appeals from ecclesiastical and admiralty and vice-admiralty courts, and the conduct and duties of the officers and practitioners therein, and to appoint such officer or officers as may be necessary for the execution of processes under the said seal of her majesty, and in respect to all appeals and other matters referred to them, as to them shall seem fit, and from time to time to repeal or alter such rules, orders, or regulations: provided always, that no such rules, orders, or regulations shall be of any force or effect until the same shall have been approved by her majesty in council. " XVI. And whereas, in certain causes which were depending before the late high court of Delegates, certain decrees or orders were made and interposed, and are not yet fully carried into effect : and whereas, in consequence of the death of the judges delegate, or some of them, named in the several commissions under the great seal, such decrees or orders cannot be carried into effect ; be it enacted, that all such causes of appeal and complaint which were depending before the high court of Delegates, and in which any decree, order, or thing, for the reason lastly herein- before mentioned, is outstanding and not fully ended and determined, shall be transferred to the judicial committee of the Privy Council ; and the said judicial committee shall take up and proceed with the said causes in the same manner as if the same had been originally causes of appeal and complaint depending before the said judicial committee. 7 B 2 Stat. 6 & 7 Vict. c. 38. Costs may be awarded by the judicial committee, and taxed. Appointment of registrar and assistant registrar in ecclesiastical and maritime causes. 3 & 4 Vict, c. 66. Custody of records, &c. of the court of Delegates and Appeals. Judicial com- mittee em- powered to make rules, &c. respecting practice and mode of pro- ceeding in appeals, &c. Proviso. Judicial com- mittee of Privy Council to proceed with causes depend- ing before late! high court of Delegates. 2212 STATUTA VICTORIA. A.D. 1837—1844. Stat. 6 & 7 " XVII. And be it enacted, that in this act all words denoting a male person "V ict. c. 38. shall be taken to include a female also, and all words denoting one person or thing Definition of shall be taken to include also several persons or things, unless a contrary sense term8- shall clearly appear from the context ; and that the words ' Arches court of Canter- bury," used in this act, shall be construed to extend to such court as shall exercise the jurisdiction of the said court or be substituted for the same ; and that wherever the words ' ecclesiastical court ' have been used in this act the same shall be con- strued to extend to such court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any ecclesiastical court or be substituted for the same ; and the words ' ecclesiastical and maritime cause of appeal ' shall be construed to extend to causes appealed from ecclesiastical courts and such court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any ecclesiastical court or be substituted for the same." Stat. 6 & 7 Vict. c. 39. [I*-] All marriages celebrated in Ireland since the passing of 5 & 6 Vict, c. 113, and before the passing of this act, by presby- terian or other protestant dissenting ministers, to be of the same force in law as if solemnized by clergymen of the esta- blished church. Act may be amended this session. Stat. 6 & 7 Vict. c. 54. [IR.] 3 & 4 Gul 4, c. 23 CXXXVI. Stat. 0 & 7 Victoria, c. 39. [Ireland.] A.D. 1843. "An Act for Confirmation of certain Marriages in Ireland." " Whereas marriages have in divers instances been had and celebrated in Ire- land, by presbyterian and other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, between persons being of the same or different religious persuasions ; and it is expedient to confirm such marriages : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that all mar- riages had and celebrated in Ireland since the passing of an act passed in the last session of parliament, intituled, ' An Act for Confirmation of certain Marriages in Ireland,' and before the passing of this act, by presbyterian or other protestant dis- senting ministers or teachers, or those who at the time of such marriages had been such, shall be, and shall be adjudged and taken to have been and to be, of the same force and effect in law as if such marriages had been had and solemnized by cler- gymen of the united church of England and Ireland, and of no other force nor effect whatsoever. " II. And be it enacted, that this act may be amended, altered, or repealed by any act to be passed in this present session of parliament." CXXXVII. Stat. 6 & 7 Victoria, c. 54. [Ireland.] A.D. 1843. "An Act for extending to Ireland the Provisions not already in force there of an Act of the third and fourth years of the Reign of the late King William the Fourth, intituled, 'An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto? and to explain and amend the said Act." "Whereas an act was passed in the session of parliament held in the third and fourth years of the reign of his late majesty King William the Fourth, intituled, * An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto,' and thereby it was (after and amongst other things) enacted, that after the thirty-first day of December, one thousand eight hundred and thirty-three, no person should bring any quare impedit or other action, or any suit to enforce a right to present to or bestow any church, vicarage, or other ecclesiastical benefice as the patron thereof, after the expiration of such period as thereinafter is mentioned: (that is to say,) the period during which three clerks in succession should have held the same, all of whom should have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together should amount to the full period of sixty years, and if the times of such incumbencies should not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies would make up the full period of sixty years : provided always, and it was thereby further enacted, that when, on the avoidance after a clerk STATUTA V1CT0RLE. A.D. 1837—1844. 2213 should have obtained possession of an ecclesiastical benefice adversely to the right Stat. 6 & 7 of presentation or gift of the patron thereof, a clerk should be presented or collated Vict. c. 54. thereto by his majesty or the ordinary by reason of a lapse, such last-mentioned R'J clerk should be deemed to have obtained possession adversely to the right of pre- sentation or gift of such patron as aforesaid ; but that when a clerk should have been presented by his majesty upon the avoidance of a benefice in consequence of the incumbent thereof having been made a bishop, the incumbency of such clerk should for the purposes of that act be deemed a continuation of the incumbency of the clerk so made bishop ; and by the said act it was further enacted, that in the construction thereof every person claiming a right to present to or bestow any ec clesiastical benefice as patron thereof, by virtue of any estate, interest, or right which the owner of an estate tail in the advowson might have barred, should be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any quare impedit, action, or suit, should be limited accordingly: provided always, and it was thereby further enacted, that after the said thirty-first day of December, one thousand eight hundred and thirty-three, no person should bring any quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice as the patron thereof, after the expiration of one hundred years from the time at which a clerk should have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest or undivided share, or alternate right of presenta- tion or gift, held or derived under the same title, unless a clerk should subse- quently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an estate, share, or right held or derived under the same title ; and by the said act it was further enacted, that at the determination of the period limited by that act to any person for bringing any writ of quare impedit , or other action or suit, the right and title of such person to the advowson, for the recovery whereof such action or suit might have been brought within such period, should be extinguished : provided always, and it was thereby further enacted, that that act should not, so far as it related to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice, extend to Ireland : and whereas the hereinbefore in part recited act, save in so far as it relates to any such right as last aforesaid, is already in force in Ireland, and it is expe- dient to extend to Ireland Hie whole of the provisions of that act : be it there- Provisions of fore enacted by the queen's most excellent majesty, by and with the advice and 3 &_4 Gul. 4, consent of the lords spiritual and temporal, and commons, in this present parlia- advowson? ment assembled, and by the authority of the same, that after the first day of &c. extended' January, one thousand eight hundred and forty-four, the several clauses and enact- to Ireland, ments in the said act passed in the session of parliament held in the third and fourth years of the reign of his late majesty King William the Fourth contained, and hereinbefore recited, relating to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice, (the clause thereof providing that the said act so far as it relates to any such right shall not extend to Ireland always excepted,) shall extend and apply to Ireland, and that as fully and effectually as if the same clauses and enactments were here repeated, substituting for the said date of the thirty-first day of December, one thousand eight hundred and thirty-three, the said date of the first day of January, one thousand eight hundred and forty-four. " II. And whereas it was by the said recited act enacted, that the words and Certain words expressions therein mentioned, which in their ordinary signification have a more in tn03e Pr°- confined or a different meaning, should in that act, except where the nature of the v*slons t0. be provision or the context of the act should exclude such construction, be inter- preted. preted as therein follows; (that is to say,) that the person through whom another person is said to claim should mean any person by, through, or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant in dower, 2214 STATUTA VICTORIA. A.D. 1837-1844. Stat. 6 & 7 Vict. c. 54. [Ia.] Removing doubts as to the periods limited for bringing any quare impedit or other action. Provisions for the cases of Roman catho- lic patrons who shall hereafter con- form. 13 Car. 2. (Ir.) 2 Ann. c. 6. successor, special or general occupant, executor, administrator, legatee, husband assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming, or some person through whom he claims, became entitled as lord by escheat; and that the word 4 person' should extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons, as well as an individual ; and that every word importing the singular number only should extend and be applied to several persons or things as well as one person or thing ; and that every word importing the masculine gender only should extend and be applied to a female as well as a male : be it therefore further enacted, that the same words and expressions shall in this act be similarly inter- preted, extended, and applied. "III. And whereas doubts have been entertained whether the several periods by the said act limited for bringing any quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice as the patron thereof, apply to the case of a bishop claiming to have right to collate to or bestow any ecclesiastical benefice in his diocese, and it is expedient that all such doubts should be removed ; be it therefore enacted, that the several periods limited by the said act or by this act for bringing any quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice, shall apply to the case of any bishop claiming a right as patron to collate to or bestow any ecclesias- tical benefice, and that such right shall be extinguished in the same manner and at the same periods as the right of any other patron to present to or bestow any eccle- siastical benefice : provided always, that nothing herein contained shall be deemed to affect the right of any bishop to collate to any ecclesiastical benefice by reason of lapse. " IV. And whereas by an act passed in the Irish parliament in the session held in the seventeenth and eighteenth years of the reign of King Charles the Second, intituled, * An Act for the explaining of some Doubts arising upon an Act, intituled, " An Act for the better Execution of His Majesty's gracious Declaration for the Settlement of his Kingdom of Ireland, and Satisfaction of the several Interests of Adventurers, Soldiers, and other his Subjects there ;" and for making some Altera- tions of and Additions unto the said Act for the more speedy and effectual Settle- ment of the said Kingdom,' it was enacted, that certain advowsons and rights of patronage, and the rights of nomination, presentation, or collation to or donation of certain ecclesiastical benefices or promotions, which had been forfeited by certain Irish papist or popish recusants, should vest, remain, and continue in his majesty, his heirs and successors, until such Irish papist or popish recusant, or the right heir of such papist or recusant, should come to church, and receive the sacrament according to the rites of the church of England, and from and after such confor- mity should be again revested in the person so conforming and his heirs: and whereas by an act passed in the second year of the reign of her majesty Queen Anne, intituled, ' An Act to prevent the further Growth of Popery,' it was enacted, that where any papists, or persons professing the popish religion, did or should claim, enjoy, or possess any advowson or advowsons of churches, right of patron- age or presentation to any ecclesiastical benefice, or where any protestant or protestants did or should hold, claim, enjoy, or possess any advowson or advowsons of churches, or right of patronage or presentation to any ecclesiastical benefice or benefices, in trust or for the use and benefit of any papist or papists whatsoever, that every such advowson, and right of patronage or presentation, should be thereby ipso facto vested in her majesty, her heirs and successors, according to such estates as such papist had in the same, until such time as such papist, or the heir or heirs of such papist, should take a certain oath and subscribe a certain declaration and abjuration prescribed by and set forth in the said act, and should conform to the church of Ireland as by law established ; be it enacted, that no possession under any presentation by the crown, or collation by the ordinary, which may have taken place by reason of the said act of the eighteenth year of the reign of his majesty King Charles the Second, or of the said act of the second year of the reign of her majesty Queen Anne, during the nonconformity of any such patron profes- STATUTA VICTORIA. A.D. 1837—1844. 2215 sing the Roman catholic religion, shall be deemed an adverse possession within the Stat. 6 & 7 meaning of this act against the right of any such patron or his heirs, or any person ^ICT- c- 54« claiming by, through, or under him or them ; provided, that in all cases in which L any patron shall have conformed to the said united church within sixty years before the passing of this act, or shall hereafter conform thereto, such patron, or any person claiming by, through, or under him, shall not be barred from bringing any such quare impedit, or other action or suit, for the purpose in the said first herein-recited act mentioned, before the expiration of sixty years, to commence and be computed from the day on which such patron shall have so conformed as aforesaid. " V. Provided always, and be it enacted, that this act shall not be prejudicial Act not to or available to or for any plaintiff or defendant in any action or suit already com- appty to s™ts menced, or on or before the said first day of January, one thousand eight hundred ^efo^lst Ja- and forty-five, to be commenced, relating to any right to present to or bestow any nuarV) 1845. church, vicarage, or other ecclesiastical benefice in Ireland." CXXXVIII. Stat. 6 & 7 Victoria, c. 57. [Ireland.] A.D. 1843. Stat. 6 & 7 "An Act to relieve Bishops succeeding to Bishoprics by Operation of the Act to alter 7j^' c* 57, and amend the Laws relating to the Temporalities of the Church in Ireland from 1 certain Liabilities." "Whereas an act was passed in the third and fourth years of the reign of his 3 & 4 Gul. 4, late majesty King William the Fourth, intituled, * An Act to alter and amend the c. 37 Laws relating to the Temporalities of the Church in Ireland,' and it was by the said act enacted, that the bishopric of Waterford, then void, should from and after the passing of the said act, and the other bishoprics named in the first column of the schedule (B) to the said act annexed, should, when and as the same might severally become void, be thenceforth united to and held together with the bishop- ric or archbishopric mentioned in conjunction therewith respectively in the second column of the said schedule (B), and that the archbishops or bishops of the arch- bishoprics or bishoprics in such second column named should, at such times respectively as before mentioned, be and become by virtue of the said act, and without further grant, installation, or ceremony whatsoever, bishops respectively of the said bishoprics named in such first column in conjunction therewith ; and it was by the said act provided, that if any bishopric mentioned in the second column cf the said schedule (B) should become void before the union of such bishopric with the bishopric mentioned in the first column of the said schedule, then the bishop of the bishopric mentioned in the first column should become by virtue of the said act, and without further grant, installation, or ceremony whatever, bishop of the bishopric in such second column named in conjunction therewith ; and it was by the same act provided and enacted, that all and singular the lands, tene- ments, and hereditaments respectively belonging or in anywise appertaining to the bishoprics in the first column of the said schedule (B) named, together with all and singular the tithes, rents, and emoluments whatsoever to such bishoprics respectively appertaining or belonging, should in the case of the Bishop of Water- ford from and after the passing of the said act, and in the case of the other bishop- rics in the said schedule (B) mentioned, should, from and after the times when such bishoprics should become respectively void or united to any other bishopric as aforesaid, be and the same were thereby transferred to and vested in the ecclesi- astical commissioners for Ireland and their successors for ever, nevertheless for the purposes therein mentioned ; and it was by the same act further provided and enacted, that the said ecclesiastical commissioners should, from and out of the revenues of each bishopric in the first column of the said schedule mentioned, when and as the same should become vested in them, make good to the bishop thereof becoming, by virtue of the provision thereinbefore contained, bishop of the bishopric mentioned in conjunction therewith in the second column of the said schedule the sum or sums of money (if any) whereby the revenues of such bishop- ric in such second column mentioned should fall short of the revenues of such bishopric in such first column mentioned ; but no provision is made by the said 2216 STATUTA VICTOR LE. A.D. 1837—1844. Stat. 6 & 7 Vict. c. 57. [In.] The present bishop of the united sees of Kilmore, Elphin, and Ardagh, shall pay the charge on Kilmore. The ecclesias- tical commis- sioners shall pay the inte- rest on the charge during the incum- bency of the present bishop. recited act in respect of any charges legally affecting any bishopric in the second column of the said schedule named at the time of such transfer as aforesaid : and whereas, by and under the hereinbefore recited provisions of the said act, the bishopric of Elphin upon the decease of the late Doctor George De la Poer Beres- ford, bishop of Kilmore and Ardagh, became united to the bishopric of Kilmore, and Doctor John Leslie, being at the time when the said bishoprics became united as aforesaid Bishop of Elphin, has under the said recited provisions become and now is the bishop of the said united bishoprics of Kilmore, Elphin, and Ardagh : and whereas the representatives of the said Doctor George De la Poer Beresford are entitled to a charge upon the ecclesiastical revenues of the said bishopric of Kil- more, being one of the bishoprics named in the second column of the said schedule (B), to the amount of thirteen thousand seven hundred and sixty pounds, sixteen shillings and eight-pence, under and by virtue of a certain certificate under the hand and seal of his grace the Archbishop of Armagh, and duly entered at large in the registry of the archdiocese of Armagh, pursuant to the several acts in that case made and provided : and whereas upon the said union of the said bishoprics all and singular the lands, tenements, and hereditaments, and all and singular the tithes, rents, and emoluments appertaining or belonging to the said bishopric of Elphin were by virtue of the said act transferred to and vested in the ecclesiastical commissioners for Ireland, and the said ecclesiastical commissioners became bound by the said act from and out of the revenues of the said bishopric of Elphin to make good to the said Doctor John Leslie, as Bishop of the united bishoprics of Kilmore, Elphin, and Ardagh, the sum of money whereby the revenues of the said bishopric of Kilmore fall short of the revenues of the said bishopric of Elphin, but in default of any provision being made by the said act as aforesaid in respect of the said charge the said revenues of the said bishopric of Kilmore, now vested in the said Doctor John Leslie, remain subject thereto : and whereas the said Doctor John Leslie has already paid to the representatives of the said late Doctor George Delapoer Beresford one instalment of the said charge, and it is just and reasonable that he shall be indemnified for the same, and for all such further payments as he shall hereafter make on account of the said charge ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the representatives of the said Doctor George de la Poer Beresford shall and they are hereby declared to be entitled to receive and recover from or against the said Doctor John Leslie, or the revenues of the said bishopric of Kilmore, the said sum of thirteen thousand seven hundred and sixty pounds sixteen shillings and eight pence, or the residue thereof remaining unpaid, in like manner, and in such proportions, and by such instalments, and by all and the like ways and means as they would have been entitled to receive or recover the same from or against the said Doctor Jolin Leslie or the revenues of the said bishopric, in case he had by any other means than as aforesaid become the next successor of the said Doctor George de la Poer Beresford in the said bishopric of Kilmore. " II. And be it enacted, that the said ecclesiastical commissioners shall and they are hereby authorized and required to pay to the said Doctor John Leslie or his representatives, out of the revenues of the said see of Elphin so vested in them as aforesaid, interest at and after the rate of five pounds per centum per annum upon the said sum of thirteen thousand seven hundred and sixty pounds sixteen shillings and eight pence, or upon so much and such part and parts thereof as hath or have been or shall or may hereafter be paid by the said Doctor John Leslie or his representatives to the representatives of the said Doctor George de la Poer Beresford, such interest to be computed from the day or respective days at or upon which such payment or payments hath or have been or shall or may hereafter be made to the representatives of the said Doctor George de la Poer Beresford, inclusive of the day or respective days of payment thereof, and to be paid half- yearly, and to be and continue payable to the said Doctor John Leslie or his representatives up to and until the day or respective days at or upon which the STATUTA VICTORIA. A.D. 1837—1844. 2217 said Doctor John Leslie or his representatives shall be entitled to recover such payment respectively from the next or any subsequent successor of the said Doctor John Leslie in the said united bishoprics of Kilmore, Elphin, and Ardagh, together with a proportionable part of such interest up to such day or respective days, in case the same shall happen to be on any other day than one of the said half-yearly days of payment. " III. And be it enacted, that it shall be lawful for the said Doctor John Leslie or his representatives to raise, levy, and recover from the next or any subsequent successor of him the said Doctor John Leslie in the said united bishoprics of Kil- more, Elphin, and Ardagh, the said sum of thirteen thousand seven hundred and sixty pounds sixteen shillings and eight pence, or such instalment or instalments thereof as he shall have paid as aforesaid, in such proportions or instalments, and by such ways and means, and in the same manner to all intents and purposes as the representatives of the said late Doctor George de la Poer Beresford could by lay have raised, levied, and recovered the same from or against his immediate or subsequent successor, or the revenues of the said bishopric of Kilmore, if the said Doctor George de la Poer Beresford had survived the said Doctor J ohn Leslie, and the said Doctor John Leslie had not become bishop of the said united bishoprics. " IV. And whereas doubts have arisen whether the said Doctor John Leslie as bishop of the united bishoprics of Kilmore, Elphin, and Ardagh, and other the bishops who at the time of the passing of the said recited act were bishops of the several bishoprics mentioned in the said schedule (B) to the same act annexed, and for the union of which bishoprics respectively provision was made thereby, are not after such union liable to the tax chargeable by the same act : and whereas it was not intended by the said recited act that the said Doctor John Leslie and other the bishops aforesaid should be subjected to any pecuniary loss or charge by reason of such union ; be it therefore enacted and declared, that neither the income of the said Doctor John Leslie nor of any such other bishops aforesaid being or becoming the bishop or bishops of any bishoprics united by force and operation of the said recited act is or are or shall be, during his or their incumbency or respective incum- bencies of such united bishoprics, liable for the payment of the said tax or rate or assessment chargeable under the provisions of the said recited act, nor are, is, or shall be bound or called upon to make the returns required by the same act for the purpose of enabling the said commissioners to compute and impose the same tax or rate or assessment. " V. And be it enacted, that this act may be amended or repealed by any act to be passed in this present session of parliament." Stat. 6 & 7 Vict. c. 57. [Ik.] The bishop or his representa- tives shall re- cover the prin- cipal of the charge from his next or subsequent successor. No bishop succeeding to any bishopric united by the operation of the said act shall be taken to be a succes- sor therein so as to make him liable to the tax on spiritual per- sons succeed- ing to eccle- siastical digni- ties or prefer- ments under recited act. Act may be amended this session. CXXXIX. Stat. 6 & 7 Victoria, c. 60(1). A.D. 1843. "An Act for suspending, until the first day of October, One thousand eight hundred and forty- four, the Operation of the new Arrangement of Dioceses, so far as it affects the existing Ecclesiastical Jurisdictions." " Whereas an act was passed in the seventh year of the reign of his late majesty, intituled, 'An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales with reference to Ecclesiastical Duties and Revenues, so far as they relate to Epis- copal Dioceses, Revenues, and Patronage,' and the said act contains certain tempo- rary provisions relating to the state and jurisdiction of all the ecclesiastical courts in England and Wales : and whereas the said temporary provisions, having been from time to time continued by certain other acts of parliament, were further con- tinued, together with a further provision respecting the visitations of bishops and archdeacons, contained in an act passed in the fifth year of her majesty's reign, intituled, 4 An Act to explain and amend two several Acts relating to the Ecclesi- astical Commissioners for England,' and now stand continued until the first day of October next: and whereas it is expedient that the said temporary provisions, and such further provision as aforesaid, should be further continued for a limited time : Stat. 6 & 7 Vict. c. 60. 6 & 7 Gul. 4, c. 77. 4 & 5 Vict, c. 39. Temporary provisions relating to ecclesiastical (1) Vide Stat. 7 & 8 Vict. c. 68. 2218 STATUTA V1CT0RLE. A.D. 1837—1844. Stat. 6 St 7 Vict. c. 60. courts, and provision re- lating to visitations, continued. Act may be amended this session. Stat. 6 & 7 Vict. c. 61. [Sc.] be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parlia- ment assembled, and by the authority of the same, that the said temporary provi- sions, and the said further provision relating to the visitations of bishops and arch- deacons, shall continue and be in force until the first day of October in the year one thousand eight hundred and forty-four. " II. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." CXL. Stat. 6 & 7 Victoria, c. 61. [Scotland.] A.D. 1843. "An Act to remove Doubts respecting the Admission of Ministers to Benefices in that Part of the United Kingdom called Scotland." Stat. 6 & 7 Vict. c. 62. Commission of inquiry. Attendance of witnesses may be compelled. Proceedings of the com- missioners. CXLI. Stat. 6 & 7 Victoria, c. 62. A.D. 1843. "An Act to provide for the Performance of the Episcopal Functions in case of the Incapacity of any Bishop or Archbishop." " Whereas it is expedient to make provision for the performance of the func- tions of any bishop or archbishop who shall be incapable of duly exercising them in person : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that whenever any arch- bishop of England or Ireland shall have reason to believe that any bishop of his province is incapable by reason of mental infirmity of duly performing his episco- pal functions, it shall be lawful for such archbishop to give a notice under his hand to such bishop, that unless within fourteen days from the service thereof satisfactory cause to the contrary be shown by or on behalf of such bishop the said archbishop will issue a commission to inquire into the state of the mental capacity of the said bishop, and if within fourteen days from the service of such notice cause to the contrary be not shown to the satisfaction of the archbishop, it shall be lawful for such archbishop to issue a commission to three persons being members of the united church of England and Ireland, one of wliom shall be his vicar- general, and another one of the bishops of the province, to inquire into the facts of the case : provided always, that the aforesaid notice shall be served by leaving a copy thereof with the bishop or his secretary. " II. And be it enacted, that it shall be lawful in any such inquiry for any two or more of the commissioners to require the attendance of such witnesses as may be necessary ; and such commissioners respectively shall have the same powers for this purpose as now belong to the Consistorial court and to the court of Arches respectively. " III. And be it enacted, that it shall be lawful for the said commissioners to examine upon oath, or upon solemn affirmation in cases where an affirmation is allowed by law instead of an oath, all witnesses whom they may deem it necessary to summon for the purpose of fully prosecuting the inquiry, as well as all witnesses tendered to them for examination by or on behalf of the bishop concerning whom the inquiry is pending ; and notice of the time and place at which the first meeting of the commissioners shall be holden for the purpose of prosecuting the inquiry shall be given in writing, under the hand of one of the said commissioners, to the bishop, and shall be served upon him by leaving one copy thereof with the bishop or his secretary, and another copy thereof writh the registrar of his diocese, fourteen days at least before the meeting ; and it shall be lawful for the said bishop, and his nearest friend, or one of his next of kin, or his or their counsel, proctor, or agent, to attend the proceedings of the commission, and to examine any of the witnesses -y and all such proceedings shall be public, unless, on the special application of the bishop or his nearest friend, or any one or more of his next of kin, the com- missioners shall think fit to direct that the same or any part thereof shall be pri- vate ; and every such oath or affirmation shall be administered by the said com- missioners, or one of them ; provided always, that at the request or with the con- STATUTA VICTORLE. A.D. 1837—1844. 2219 commissioners. sent of the bishop or his nearest friend, or any one or more of his next of kin, it Stat. 6 & 7 shall be lawful for the commissioners to take evidence upon affidavit to be sworn VlCT- c- 62- before one of the said commissioners or a master in Chancery : provided also, that the said commissioners shall not direct the proceedings or any part thereof to be in private, nor shall take evidence upon affidavit, if the bishop, or his counsel, proctor, or agent, object thereto. " IV. And be it enacted, that every witness who shall be examined in pursu- Witnesses ance of this act by or before the said commissioners, and who shall wilfully swear UJ^^18® ilt or affirm falsely, and also every person who shall swear to the contents of any such JJlpJJJ^U y affidavit, knowing the same or any part thereof to be untrue, shall be deemed guilty of perjury. " V. And be it enacted, that the said commissioners, or any two of them, shall Report of the transmit to the archbishop under their hands and seals the depositions of witnesses taken before them, and all such affidavits, and also a report of the opinion of the majority of the commissioners whether or not the bishop is incapable by reason of mental infirmity of duly performing his episcopal functions, and such report shall be filed in the registry of the diocese ; and the commissioners shall also, upon the application of the bishop or of his nearest friend, or any one or more of his next of kin, or his or their counsel, proctor, or agent, cause to be delivered to such party a copy of the said report and the depositions and affidavits. " VI. And be it enacted, that all the expenses of such inquiry shall be certified For defraying under the hands of two of the said commissioners, and when allowed by the arch- the expenses of bishop by whom the commission shall have been issued, shall be defrayed out of tne in(luiry- the revenues of the bishopric. " VII. And be it enacted, that the like proceedings shall be had in the case of The like pro- like infirmity of any archbishop of the realm : provided always, that in such case codings in all things hereinbefore required to be done by or with respect to the archbishop of archbSho f the province shall be done by and with respect to the lord high chancellor of Great Britain, or the lord high chancellor of Ireland, accordingly as the archbishop con- cerning whom the inquiry is to be made is of England or Ireland ; and of the three persons being members of the united church of England and Ireland to be appointed commissioners, one shall be a bishop of the province, another shall be the other archbishop of England or of Ireland respectively, as the case may be, and if the commission shall be issued by the lord high chancellor of Great Britain the third commissioner shall be the master of the rolls or one of the vice-chancellors of England, and if the commission shall be issued by the lord chancellor of Ireland the third commissioner shall be the master of the rolls or one of the barons of the exchequer of Ireland ; and in every such case the report of the commis- sioners shall be filed in the registry of the province ; and the expenses of the inquiry, when allowed by the lord chancellor by whom the commission shall have been issued, shall be defrayed out of the revenues of the archbishopric. " VIII. And be it enacted, that every commissioner to be appointed by virtue Commissioners of this act shall, at or before the first meeting of the commissioners for the purpose to be sworn, of prosecuting the inquiry, take before the archbishop or lord chancellor issuing such commission, or before a master extraordinary in Chancery, the following oath ; (that is to say,) " ' I, do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me under a commission of inquiry issued by relating to the capacity of [ Lord Bishop or Archbishop of duly to perform his [episcopal or archiepiscopal] functions, and that without favour or affection, prejudice or malice. So help me God.' " IX. And be it enacted, that at any time before the expiration of twenty-eight Petition to her days after the filing of the report of the commissioners in the registry of the diocese majesty or or province, as the case may be, it shall be lawful for the bishop or archbishop lord "eutenant concerning whom such inquiry shall have been made, or for his nearest friend, or J^^i1"1 in any one or more of his next of kin, or his or their counsel, proctor, or agent, to C0UUC1 ' present a petition to her majesty in council, or to the lord lieutenant or other chief 2220 STATUTA VICTORLE. A.D. 1837— 1C44. Stat. 6 & 7 Vict. c. 62. Archbishops and bishops, being privy councillors, to be members of judicial com- mittee. Appointment of a bishop to perform the episcopal functions ; and of a spiri- tual person to assist in the administration of the tempo- ralities. Proviso. governor or governors of Ireland for the time being in council, praying that no such letters patent as are hereafter mentioned may be issued; and at the same time to lodge with the clerk of the council an office copy of the report of the commis- sioners, and of the depositions and affidavits whereon the same is founded ; and the matter of such petition shall be heard or considered on such report, depositions, and affidavits in England before the judicial committee of the Privy Council, in case her majesty shall be pleased to refer it to the said committee, and in Ireland before the lord lieutenant or other chief governor or governors of Ireland for the time being in council ; and a copy of the order in council, containing the decision in the matter of such petition, shall, by the clerk of the council, be transmitted to the registry of the diocese or province, as the case may be, and shall be there filed. " X. And be it enacted, that every archbishop and bishop of the united church of England and Ireland who now is or at any time hereafter shall be sworn of her majesty's most honourable Privy Council in England shall be a member of the judicial committee of the Privy Council for the purposes of this act. " XI. And be it enacted, that whenever it shall appear to the archbishop or lord chancellor, as the case may be, on the report of the said commissioners, that the bishop or archbishop concerning whom the inquiry has been made is incapable by reason of mental infirmity of duly performing his episcopal or archiepiscopal functions, it shall be lawful for such archbishop or lord chancellor after the expi- ration of the said period of twenty-eight days, or in case any such petition as afore- said shall be presented within such period of twenty-eight days, then at any time after the prayer thereof shall have been pronounced against or abandoned, to make request to her majesty for remedy thereof, and thereupon it shall be lawful for her majesty, by letters patent under the great seal of Great Britain or the great seal of Ireland, as the case may be, to appoint one of the bishops of the same province, being a bishop of England or Ireland, and not being one of the commissioners aforesaid, to exercise all the functions and powers, as well with regard to the tem- poralities as the spiritualities, of the bishop or archbishop so found to have become incapable ; and in case of the death or incapacity, deprivation or suspension of the bishop so appointed, or in case her majesty shall, on the petition of such bishop, be pleased to relieve him from the further exercise of such functions and powers, it shall be lawful for her majesty in like manner to appoint another such bishop, and so often as the case shall happen ; and it shall be lawful for the bishop so appointed, and the archbishop or lord chancellor (as the case may be) by whom the commis- sion aforesaid was issued, or any successor of such archbishop or lord chancellor, by an instrument in writing under their hands and seals, jointly to commission and appoint a spiritual person to assist in the administration of the temporalities of the see, and in such matters of jurisdiction of the see or province of the bishop or archbishop so found to have become incapable, as shall and may be lawfully com- mitted to him, which spiritual person shall give to the bishop and to the archbishop or lord chancellor by whom he shall be appointed, a bond, with sufficient surety in a sufficient sum, with a condition for his duly accounting for the monies which may come to his hands by virtue of his office ; and it shall be lawful for the bishop so appointed, and the same or any succeeding archbishop or lord chancellor, at their pleasure, to revoke and cancel such appointment, and in any such case, or upon the death or resignation of such spiritual person, in like manner to commis- sion and appoint another spiritual person, on his giving such security as before mentioned, and so from time to time as often as the case shall happen ; and all things done by virtue of this act within the limits of his authority by any such bishop or spiritual person shall be done in the name of the bishop or archbishop so found to have become incapable, and under the seal of such bishop or archbishop where a seal is required to be used, and shall be as valid as if done by such arch- bishop or bishop ; and the receipt of the bishop or spiritual person, so appointed as aforesaid, for such sums as he shall receive by virtue of his commission, shall be good and effectual discharges for the monies which in such receipts shall be acknowledged to have been received : provided always, that it shall not be lawful STATUTA VICTORIA. A.D. 1837—1844. 2221 for such bishop or spiritual person to present, collate, nominate, or license any clerk to any ecclesiastical benefice in the gift or patronage of the bishop or arch- bishop so found to be incapable, or to sanction the union or disunion of any bene- fice in such gift or patronage with or from any other benefice, without the approval of the archbishop or lord chancellor by whom the commission was issued, or, without the like approval, to appoint or displace any officer of the see or province ; and that no lease, or deed of conveyance, exchange, or enfranchisement, of any lands or possessions belonging to the see or province, to be executed by any bishop or spiritual person appointed as aforesaid, shall be valid unless approved and exe- cuted by the archbishop of the province, or, in case of the incapacity of the arch- bishop, by the lord chancellor of Great Britain or the lord chancellor of Ireland, 9 as the case may be, and in each case sealed also with the seal of the ecclesiastical commissioners for England or of the ecclesiastical commissioners for Ireland, as the case may be. "XII. And be it enacted, that the bishop and the spiritual person to be appointed by virtue of this act shall, for the purpose of enforcing payment of the revenues of the see of the bishop or archbishop found to have become incapable, severally have all the same legal rights, powers, and remedies, whether by action, suit, or distress, as the case may be, as might have been exercised by the said bishop or archbishop if no commission had been issued; provided always, that neither such bishop or spiritual person shall be accountable for any monies which may be payable to either of them by virtue of this act which shall not have been actually received by them respectively. " XIII. And be it enacted, that it shall be lawful for her majesty to assign to the spiritual person to be appointed as aforesaid a yearly allowance, not exceed- ing one sixth part of the revenues of the bishopric or archbishopric, such as to her majesty shall seem fit, which shall be defrayed out of the revenues of the bishopric or archbishopric ; and such spiritual person shall also, out of such revenues, defray and reimburse to the bishop to be appointed as aforesaid all expenses incurred by him in the execution of this act, such expenses being first allowed by the arch- bishop or lord chancellor, as the case may be ; and that the remainder of the said revenues, after such payments as aforesaid, and such other payments (if any) as shall be made by the bishop or the spiritual person who shall be appointed by virtue of this act, in respect of rates, taxes, tenths, salaries, pensions, repairs, insu- rances from fire, and other expenses incident to the administration of the tempo- ralities, or to the exercise of the jurisdiction of the bishop or archbishop so found to be incapable, shall be paid to such bishop or archbishop, or to such other person or persons as shall be by law entitled to receive the same. " XIV. And be it enacted, that if at any time hereafter any bishop or arch- bishop shall have been found a lunatic or of unsound mind under any commission in the nature of a writ de lunatico inquirendo, and if the inquisition shall not have been quashed or the commission superseded, it shall be lawful for the arch- bishop of the province or lord chancellor, as the case may be, without further or other inquiry, to make request to her majesty, as on the report of commissioners appointed under this act ; and such request shall be to all intents and purposes whatsoever of the same force and effect as a request made on such report as aforesaid. "XV. Provided always, and be it enacted, that it shall be lawful for her majesty, with the advice of her privy council, upon a petition from the bishop or archbishop so found to be incapable, a lunatic or of unsound mind, setting forth that such incapacity, lunacy, or unsoundness of mind hath ceased, to cause inquiry to be made in such manner as to her majesty, with the advice aforesaid, shall seem fit ; and if upon such inquiry it shall appear to her majesty that such incapacity, lunacy, or unsoundness 'of mind hath ceased, and that such bishop or archbishop hath become capable of again duly performing his episcopal or archiepiscopal func- tions, it shall be lawful for her majesty, by letters patent under the great seal of Great Britain or Ireland, as the case may be, to supersede and annul the letters patent so first issued ; and thenceforward, and also in case of the death of the bishop Stat. 6 & 7 Vict. c. 62. Power to re- coverrevenues. Allowance to the spiritual person so appointed. Reimburse- ment to the bishop. Remainder of revenues, how to be paid. A finding^ under a writ de lunatico inquirendo to stand in the place of a report of the commissioners, Provision in case of the recovery or death of the bishop or archbishop. 2222 STATUTA VICTORIA. A.D. 1837—1844. Stat. 6 & 7 Vict. c. 62. Act may be amended this Stat. 6 & 7 Vict. c. 67. Stat. 6 & 7 Vict. cap. lxvii. Stat. 6 & 7 Vict. c. 77. [Wa.] 3 & 4 Vict, c. 113. 4 & 5 Vict, c. 39. Recited acts extended to St. Asaph and Bangor. Four canons residentiary at St. Asaph, Bangor, St. David's, and Llandaff. Two canonries residentiary to be annexed to two archdea- Rights and powers of dean and canons. 3 & 4 Vict, c. 113, ss. 38 & 40, in part repealed, and provision made for the cathe- dral parishes. or archbishop so found to be incapable, all powers and authorities vested in any other bishop or spiritual person on behalf of such bishop or archbishop shall cease. " XVI. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." CXLII. Stat. 6 & 7 Victoria, c. 67. A.D. 1843. "An Act to enable Parties to me out and prosecute Writs of Error in certain Cases upon the Proceedings on Writs of Mandamus.1* CXLIII. Stat. 6 & 7 Victoria, cap. lxvii. A.D. 1843. ((An Act to establish a Cemetery for the Interment of the Dead near the Town and within the Borough of Southampton" CXLIV. Stat. 6 & 7 Victoria, c. 77. [Wales.] A.D. 1843. "An Act for regulating the Cathedral Churches of Wales." " Whereas an act was passed in the fourth year of her majesty's reign, inti- tuled, 4 An Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues ,' and another act was passed in the fifth year of her majesty's reign, intituled, 4 An Act to explain and amend two several Acts relating to the Ecclesiastical Commissioners for England :' and whereas it is expedient to extend the provisions of the said recited acts to the dioceses and cathedral churches of Saint Asaph and Bangor, and to alter and amend some of the said provisions : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act all the provisions of the said recited acts shall, subject to the further enactments hereinafter contained, extend and apply to the said dioceses and cathedral churches of Saint Asaph and Bangor, and to the bishops of the same dioceses, and to all ecclesiastical rectories without cure of souls, and all benefices with cure of souls, and all parishes and places, therein, and to the dig- nities, offices, canonries, and prebends of the same churches, and the respective holders thereof. " II. And be it enacted, notwithstanding any thing in the said recited acts contained, that in each of the chapters of the cathedral churches of Saint Asaph, Bangor, Saint David's, and Llandaff, there shall be four canonries residentiary, and no more ; and such canonries shall be in the direct patronage of the Bishops of Saint Asaph, Bangor, Saint David's, and Llandaff respectively. " III. Provided always, and be it enacted, that so soon as conveniently may be after the passing of this act, arrangements shall be made, by the authority in the said recited acts provided, for permanently annexing two of such four canonries residentiary, in such cathedral churches respectively, to two archdeaconries, in the respective dioceses in which such churches are situate. " IV. And be it declared and enacted, that the dean of each of the said four cathe- dral churches shall be the head of the chapter thereof, and shall have precedence over all other members of such chapter ; and that such dean and the canons resi- dentiary respectively of each such church shall possess and may exercise all the like rights, power, and authority as are and may be possessed and exercised by the dean and canons respectively of any cathedral church in England founded by King Henry the Eighth. "V. And be it enacted, that so much of the said recited acts as relates to the cure of souls in the parish of Saint David in the diocese of Saint David's, and in the parishes of Llandaff and Whitchurch in the diocese of Llandaff, shall be repealed ; and that it shall be lawful, if it be deemed expedient, by the authority hereinbefore mentioned, with the consent of the Bishop of Llandaff for the time being, to declare and provide that the cure of souls in and over the respective parishes of Llandaff and Whitchurch, or either of them, shall be vested in one spiritual person as perpetual incumbent thereof, and that such bishop and his suc- cessors shall from time to time collate, or nominate and license, as the case may be, STATUTA VICTORIA. A.D. 1837—1844. 2223 a spiritual person to be such incumbent, and also, with the like consent and with the consent of the dean and chapter to endow such parishes, or either of them, in such manner and to such amount as may appear expedient ; and upon any such declaration being made in the case of the parish of Llandaff, the respective rights and duties to be exercised and performed within and over the cathedral church by the dean and chapter, dean, canons, and minor canons thereof, and by such incumbent as aforesaid, respectively, shall be denned by the like authority, with the like consents. " VI. And be it declared and enacted, that the average annual incomes of the deans and canons residentiary of the said four cathedral churches shall be of the same amounts respectively as are fixed as the average annual incomes of the deans and canons respectively of the cathedral churches of Saint David's and Llandaff by the said first-recited act, and that the provisions of the said recited acts, respecting the augmentation of the incomes of deans and canons, shall be construed to autho- rize the augmentation of the incomes of the respective deans and canons residentiary aforesaid, out of the common fund of the said first-recited act mentioned,. " VII. And be it enacted, that it shall be lawful, by the authority herein- before mentioned, to provide, out of the same fund, one fit house, at Saint Asaph, Bangor, and Llandaff respectively, as a house of residence for the use of the canons residentiary of the cathedral churches of the said cities respectively, and also a fit house of residence for the Dean of Llandaff. " VIII. And be it enacted, that from and after the passing of this act the dig- nity and office of Archdeacon of Saint Asaph shall no longer be holden by the Bishop of Saint Asaph, and the dignities and offices of Archdeacon of Bangor and Archdeacon of Anglesea shall be dissevered from the bishopric of Bangor, and be no longer holden by the Bishop of Bangor, and the archdeaconry of Anglesea shall be incorporated with and form part of the archdeaconry of Bangor ; provided that nothing herein contained shall affect any lands, tithes, tenements, or other heredi- taments, or endowments, now forming part of the property and revenues of the respective sees of Saint Asaph and Bangor. " IX. And be it enacted, that the dignity and office of Archdeacon of Llandaff may, by the authority hereinbefore mentioned, be separated from the deanery of Llandaff ; provided always, that such separation shall not take place before the next vacancy of the said deanery without the consent of the present dean. " X. And be it enacted, that within one calendar month after the passing of this act the treasurer of the governors of the bounty of Queen Anne shall deliver to the ecclesiastical commissioners for England a full and particular account, of all monies received and paid by him, under and by virtue of any act of parliament, on account of the said dioceses and cathedral churches of Saint Asaph and Bangor respectively, and of all things done by him, and of all proceedings then pending in respect thereof ; and that, within such time after the delivery of such account as shall be specified in any order made upon him for that purpose by the said com- missioners, he shall pay and deliver, or cause to be paid and delivered, to the said commissioners, or into such bank as shall be named in such order to their account, for the purposes of this act, all monies then remaining in his hands or to his account, and all exchequer bills and other securities for money, and all books of accounts, papers, and writings, in his possession or power in respect thereof; and that it shall be lawful for the said commissioners to allow to the said treasurer in his accounts such sum of money as shall appear to them to be just and reasonable, in compensation for his pains and trouble, and also all proper costs, charges, and expenses incurred in the execution of the trusts reposed in him by any such act in relation to the matters aforesaid ; and that the receipt in writing of the said com- missioners under their common seal shall be an effectual discharge to the said treasurer for all monies and other things therein expressed to be received by them. "XI. And be it enacted, that the provisions of the first-recited act, whereby the interests of persons in possession at the time of the passing thereof were in any manner protected, shall be deemed to be repeated in this act, so as to protect the interests of all persons in possession at the time of the passing hereof, in the like respects and to the same extent as the interests of such first-mentioned persons are so protected as aforesaid. Stat. 6 & 7 Vict. c. 77. [Wa.] Incomes of deans and canons may be augmented out of the common fund. Houses of residence to be provided at St. Asaph, Bangor, and Llandaff. Archdeacon- ries to be se- parated from bishoprics. Archdeaconry may be sepa- rated from the deanery of Llandaff. Treasurer of Queen Anne's bounty to pay over proceeds of suspended canonries, &c. Vested inte- rests protected. 2*224 STATUTA VICTOPI/E. A.D. 1837—1844. Stat. 6 & 7 Vict. c. 77. [Wa.] Appointment, &c. of Welsh clergymen to officiate in London or Westminster. Better provi- sion for St. Da- vid's college at Lampeter. Powers of former acts extended to this act. Repeal of 5 & 6 Vict, c. 112, in part. Act may be repealed, Sec. this session. " XII. And he it enacted, that out of the proceeds of any lands, tithes, tene- ments, or other hereditaments in the principality of Wales, vested or to be vested in the ecclesiastical commissioners for England by or under the provisions of the said recited acts or this act, it shall be lawful, by the authority hereinbefore men- tioned, to make provision, in whole or in part, for the competent maintenance of any spiritual person or persons (being a native or natives of the principality afore- said) who may be licensed by the bishop of the diocese for the time being to offi- ciate in any church or chapel within London or Westminster or the suburbs thereof, duly consecrated for the performance of divine service according to the rites and ceremonies of the united church of England and Ireland, in the Welsh language ; and such bishop is hereby authorized to licence any such spiritual person or persons accordingly. " XIII. And be it enacted, that so much of the said first-recited act as relates to the college of Saint David's at Lampeter shall be repealed; and that, so soon as conveniently may be, and by the authority hereinbefore mentioned, arrangements may be made for effecting the sale, to any person or persons or body corporate capable of holding the same, of the advowsons of the several benefices with cure of souls now annexed to the said college, and for investing the proceeds of such sales respectively for the use and benefit of the said college; and that if, after the sales of the advowsons of all such benefices, it shall be made to appear to the said eccle- siastical commissioners that the said college, when it shall be in the enjoyment of the use and benefit of the whole proceeds of all such sales when so invested as aforesaid, will still not be competently endowed, it shall be lawful, by the like authority, to transfer to the said college, in augmentation of the endowment thereof, any of the lands, tithes, tenements, or other hereditaments aforesaid, or of the proceeds thereof. " XIV. And be it enacted, that all the powers and authorities vested in her majesty in council and in the said commissioners by the first-recited act, witli reference to the matters therein contained, and all other provisions of the same act relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and apply to her majesty in council, and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively, with reference to all matters contained in this act, as fully and effectually as if the said powers, authorities, and other provisions were repeated herein. " XV. And be it enacted, that so much of an act passed in the last session of parliament, intituled, * An Act for suspending, until the first day of October, one thousand eight hundred and forty-three, Appointments to certain Ecclesiastical Preferments in the Dioceses of Saint Asaph and Bangor, and for securing certain Property to the said Sees,' as relates to the continuance of certain temporary acts therein recited, shall be repealed ; provided that nothing herein contained shall prejudice or afreet anything done or any proceeding pending under or by virtue of or relating to the provisions of the said therein-recited acts or either of them. " XVI. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." Stat. 6 & 7 Vict. c. 88. [Ir.] CXLV. Stat. 6 & 7 Victoria, c. 88. [Ireland.] A.D. 1848. An Act for the Completion of a Parochial Church in the Parish of Saint Michael in the City of Limerick, and for securing the Nomination of a Per- C urate thereto." Stat. 6 & 7 Vict. c. 90. 41 Geo. 3, c 79. CXLVI. Stat. 6 & 7 Victoria, c. 90. A.D. 1843. "An Act for removing Doubts as to the Service of Clerks or Apprentices to PuMic Notaries, and for amending the Laws regidating the Admission of Public Notaries." " Whereas by an act passed in the forty-first year of the reign of his late majesty King George the Third, intituled, 'An Act for the better Regulation of Public Notaries in England,' it was amongst other things enacted, that from and STATUTA VICTORIA. A.D. 1837—1344. •2225 notaries if so practising, and persons serving after the first day of August one thousand eight hundred and one no person should Stat. 6 & 7 be sworn, admitted, and enrolled as a public notary in England unless such person VlCT- c- 90- should have been bound, by contract in writing or by indenture of apprenticeship, to serve as a clerk or apprentice for and during the space of not less than seven years to a public notary or person using the art and mystery of a scrivener, (according to the privilege and custom of the city of London, such scrivener being also a public notary,) duly sworn, admitted, and enrolled: and whereas doubts have arisen whether a public notary, being also an attorney, solicitor, or proctor, can have and retain any person to serve him as a clerk or apprentice in his profes- sion or business of a public notary, and also at the same time in that of an attorney, solicitor, or proctor, and whether sucli service is in conformity with the provisions of the said recited act : and whereas it is expedient to remove all such doubts with regard to persons who have served or are now serving or may hereafter serve as a clerk or apprentice in manner aforesaid; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act every person who Public notaries has been duly admitted, sworn, and enrolled a public notary in England may take, niav retain have, and retain any clerk or apprentice to serve him under the provisions of the c^*1^* or aP_ . , . ■ i , . • i i (. -it . _ , prentices m said recited act or of this act in the proper business of a public notary, or it such the;r business person is also an attorney or solicitor in any of the courts of law or equity, or a as such, or as proctor in any ecclesiastical court in England or Wales, to serve him at the same attorneys and time in the general business of a notary as well as that of an attorney, solicitor, or proctor ; and that no person who shall have regularly and duly served any such public notary, being also an attorney, solicitor, or proctor, for the time required by them not dis the said recited act or this act, and be otherwise entitled to be admitted a public qualified. notary, shall be prevented or disqualified from being so admitted a public notary by reason of his having also served a clerkship to such public notary or his partner as an attorney, solicitor, or proctor during the same time or any part thereof. " II. Provided always, and be it enacted, that no public notary may have and No public retain any such clerk or apprentice to serve him, under the provisions of the said notal7 t0 act or of this act, if he has been admitted, sworn, and enrolled a public notary for *"etain a c-f.rk 7 , . ' r J or apprentice, the purpose only of carrying on any business, or holding or exercising any office or unless in ac- appointment, and not as a general practitioner ; nor shall any public notary be tual practice. allowed to have and retain such clerk or apprentice after he shall have discontinued or left off or during such time as he shall not actually practise and carry on the profession or business of a public notary. " III. And whereas it is expedient to shorten the period of the service required Persons serv- by the said recited act ; be it therefore enacted, that from and after the passing of inS five Years this act, in case any person shall have been or shall be bound by any contract to 5° a n^,arJ}° j i ii i " ii i ii . „ , be entitled to serve and shall have actually served as a clerk or apprentice for the term of five admission as years any public notary as aforesaid, and shall have caused an affidavit to be made notaries, and filed as to the due execution of such contract, and shall have complied with the other provisions of the said recited act, save as to the length of service, then and in such case every such person shall be qualified and entitled to be sworn, admitted, and enrolled a public notary to practise in England, as fully and effec- tually as any person having been bound and having served seven years as required consent of by the said recited act would be qualified and entitled to be sworn, admitted, and notary if bound enrolled a public notary under and by virtue of the said recited act : provided for a longer always, that no person shall be entitled to be admitted and enrolled a public notary time' at the expiration of the term of five years, if bound for a longer time, without the If affidavit as consent in writing of the public notary, if living, to whom he shall have been so ^^°^on of bound being first obtained and produced at the time of his admission, and filed not nled with. with the other papers relating thereto ; and provided also, that in case the affidavit in time re- required by the said recited act as to the execution of any contract be not filed quired, the within the time required by the said act, the same may be filed by the proper ? officer after the expiration thereof, but the service of such clerk shall be reckoned tlie jay 0f to commence and be computed from the day of filing such affidavit, unless the riling, unless 7 C Proviso as to STATUTA VICTORIA. A.D. 1837—1844. master of the faculties shall otherwise order ; and such service shall be as effectual, and the public notary and clerk shall be equally bound for and during the term, reckoning as aforesaid, as if such term had been originally intended and mentioned in the contract. " IV. And be it enacted, that the master of the faculties for the time being may make any general rule or rules requiring testimonials, certificates, or proofs as to the character, integrity, ability, and competency of any person who shall hereafter apply for admission or re-admission as a public notary to practise either in England or in any of her majesty's foreign territories, colonies, settlements, dominions, forts, factories, or possessions, whether such person shall have served a clerkship or not, and from time to time alter and vary such rules as to the master of the faculties shall seem meet, and may admit or reject any person so applying, at his discretion, any law, custom, usage, or prescription to the contrary notwith- standing. " V. Provided always, and be it enacted, that if the master of the faculties shall refuse to grant any faculty to practise as a public notary to any person with- out just and reasonable cause, then the chancellor of England or the lord keeper of the great seal for the time being, upon complaint thereof being made, shall direct the queen's writ to the said master of the faculties to the effect, and shall proceed thereon according to the intent and meaning of the act of parliament of the twenty-fifth year of the reign of King Henry the Eighth, intituled, ' An Act con- cerning Peter-pence and Dispensations,' and in manner and form as is therein pro- vided and set forth in case of the refusal of any licences, dispensations, faculties, instruments, or other writings, as fully and effectually, and with the same powers and authority, as if the same were here inserted and re-enacted. " VI. Provided always, and be it enacted, that nothing herein contained, nor any service under this act shall authorize any person to be admitted a public notary to practise within the jurisdiction of the incorporated company of scriveners of London. " VII. And be it enacted, that from and after the passing of this act every person to be admitted and enrolled a public notary shall, before a faculty is granted to him authorizing him to practice as such, in addition to the oaths of allegiance and supremacy, make oath before the said master of the faculties, his surrogate, or other proper officer, in substance and to the effect following : " * I, A. B., do swear, that I will faithfully exercise the office of a public notary ; I will faithfully make contracts or instruments for or between any party or parties requiring the same, and I will not add or diminish anything without the knowledge and consent of such party or parties that may alter the substance of the fact ; I will not make or attest any act, contract, or instrument, in which I shall know there is violence or fraud ; and in all things I will act uprightly and justly in the business of a public notary, according to the best of my skill and ability. " 1 So help me, God.' " And that such oath shall be received and taken instead of the oath of office now in use on the admission of a notary public, which oath shall from and after the passing of this act be wholly discontinued : provided always, that in such cases where by any act an affirmation or declaration is allowed to be received instead of an oath, or any form of oath or declaration substituted instead of the oaths of allegiance and supremacy, the said master of the faculties, his surrogate or other proper officer, is hereby authorized and empowered to receive a declaration or affirmation instead of any oath required by this act, or such form of oath or decla- ration instead of the oaths of allegiance or supremacy as by any act of parliament is authorized and allowed. " VIII. And be it enacted, that the master of the faculties for the time beincr, or his surrogate, shall, and he is hereby authorized and empowered to issue com- missions to take any oaths, affidavits, affirmations, or declarations required by law to be taken before the grant of any faculty, marriage licence, or other instrument issuing from the said office of faculties ; and that all oaths, affidavits, affirmations, or declarations taken before the commissioner so appointed, and the faculty, mar- STATUTA VICTORLE. A.D. 1837—1844. 2227 riage licence, or other instrument granted in pursuance thereof, shall be as valid Stat. 6 & 7 and effectual as if such oath, affidavit, affirmation, or declaration was taken before Vict. c. 90. the said master or his surrogate, anything in any act or law to the contrary thereof notwithstanding. " IX. And be it enacted, that no person who has been admitted and enrolled a Application to public notary shall be liable to be struck off the rolls for or on account of any st^^ a n°tary defect in the articles of clerkship, or in the registry thereof, or in his service under fefect 'marti^ such articles, or in his admission and enrolment, unless the application for striking cles. &c. to be him off the roll be made within twelve months from the time of his admission and made within enrolment ; provided that such articles, registration, service, admission, or enrol- tvvelve months, ment be without fraud. " X. And be it enacted, that from and after the passing of this act, in case Persons prac- any person shall, in his own name or in the name of any other person, make, tlsmS as nota- do, act, exercise, or execute or perform, any act, matter, or thing whatsoever of duj^ autjj0. or in anywise appertaining or belonging to the office, function, or practice of a rized, to forfeit public notary, for or in expectation of any gain, fee, or reward, without being 50/. able to prove, if required, that he is duly authorized so to do, every such person for every such offence shall forfeit and pay the sum of fifty pounds, to be sued for and recovered by action of debt, plaint, or information, in any of her majesty's superior courts of record at Westminster, or if the cause of action shall have arisen in any colony or place to her majesty belonging out of England, then in the supreme court of law of such colony or place, provided the action for the recovery thereof shall be commenced within twelve months next after the fact committed ; and that, save so far as they are altered or repealed, or repugnant Like forfeitures to the provisions of this act, the like remedies for recovering thereof, and all an(? provisions other the rules, directions, powers, and provisions contained in the said recited ^"andalHhe act, and also in the act passed in the third and fourth years of the reign of his powers thereof, late majesty King "William the Fourth, intituled, £ An Act to alter and amend an and of 3 & 4 Act of the forty-first year of His Majesty King George the Third, for the better Gul- 4> c- '°» Regulation of Public Notaries in England,' shall and may severally and respec- "^d^be tively attach and be in force as fully and effectually as if the said penalties were m forc'e as jf imposed, or the said remedies were given, or the same powers, rules, directions, re-enacted, and provisions were particularly enacted in or by this act, or repealed mid re-enacted." CXLVII. Stat. 6 & 7 Victoria, cap. xc. A.D. 1848. Stat. 6 & 7 "An Act to incorporate the Members of the Institution called the Infant Orphan ICT* CAP' XC' Asylum, and to enable them the better to cany on their Charitable Designs." CXLVIII. Stat. 6 & 7 Victoria, c. 91. [Ireland.] A.D. 1843. Stat. 6 & 7 "An Act to consolidate and amend the Laws for the Regulation of Charitable }\ICT{ °' 91 ' Loan Societies in Ireland." " XLIV. And be it enacted, that it shall and may be lawful for every such loan Profits of loan society as aforesaid, or for such person or persons as shall have been duly auth q_ societies may rized in that behalf by the rules of such society, and they are hereby required be aPPlied t0 annually to reserve a sum, not less than one tenth of their clear net profits over and above all losses, to form a fund for the security of the debenture holders, and, said societies, subject thereto, it shall be lawful for them to appropriate from time to time such with approba portion of the residue thereof as they shall think proper to the support of any dis- tion of loan pensary, hospital, or infirmary, in the district or county in which such society S annott shall be established, or for such other charitable or useful local purpose as they, with the approbation of the said loan fund board, shall think fit; and as well the said reserved fund, as the residue or the whole of such net profits, if no part shall be so appropriated, shall be employed as part of the funds of such society, until such society, with the approbation of the said loan fund board, shall otherwise deter- mine; provided, that no part of such net profits as aforesaid shall be appropriated in any way for the advantage or benefit of any member of the society, or of the 7 C 2 2228 STATUTA VICTORIA A.D. 1837—1844. Stat. 6 & 7 persons managing or conducting the same, or for any purpose whatsoever, except Vict. c. 91. ^ hereinbefore provided; and provided also, that in case any such society shall '-Ir'^ have been dissolved, or otherwise deprived of the benefit of this act, the whole of the clear net profits not previously appropriated, after payment of all debts of or claims on such society, shall be appropriated to such dispensary, hospital, or infirmary, or to such other charitable or useful local purpose as the said loan fund board shall think proper." Stat. 6 & 7 Vict. c. 94. The power acquired by her majesty in countries out of her domi- nions shall be held on the same terms as her majesty's authority in the crown colonies. Acts done in pursuance of such power to be of the same effect as if done under local laws. Courts autho- rized to pro- cure evidence of such power by application to secretary of state. CXLIX. Stat. 6 & 7 Victoria, c. 94. A.D. 1843. "An Act to remove Doubts as to the exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's Dominions, and to render the same more effectual" " Whereas by treaty, capitulation, grant, usage, sufferance, and other lawful means, her majesty hath power and jurisdiction within divers countries and places out of her majesty's dominions : and whereas doubts have arisen how far the exercise of such power and jurisdiction is controlled by and dependent on the laws and customs of this realm, and it is expedient that such doubts should be removed : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that it is and shall be lawful for her majesty to hold, exercise, and enjoy any power or jurisdiction which her majesty now hath or may at any time hereafter have within any country or place out of her majesty's dominions, in the same and as ample a manner as if her majesty had acquired such power or jurisdiction by the cession or conquest of territory. " II. And be it enacted, that every act, matter, and thing which may at any time be done, in pursuance of any such power or jurisdiction of her majesty, in any country or place out of her majesty's dominions, shall, in all courts ecclesias- tical and temporal and elsewhere within her majesty's dominions, be and be deemed and adjudged to be, in all cases and to all intents and purposes whatsoever, as valid and effectual as though the same had been done according to the local law then in force within such country or place. " III. And be it enacted, that if in any suit or other proceedings, whether civil or criminal, in any court ecclesiastical or temporal within her majesty's dominions, any issue or question of law or of fact shall arise for the due determination whereof it shall, in the opinion of the judge or judges of such court, be necessary to pro- duce evidence of the existence of any such power or jurisdiction as aforesaid, or of the extent thereof, it shall be lawful for the judge or judges of any such court, and he or they are hereby authorized, to transmit, under his or their hand and seal or hands and seals, to one of her majesty's principal secretaries of state, ques- tions by him or them properly framed, respecting such of the matters aforesaid as it may be necessary to ascertain in order to the due determination of any such issue or question as aforesaid ; and such secretary of state is hereby empowered and required, within a reasonable time in that behalf, to cause proper and sufficient answers to be returned to all such questions, and to be directed to the said judge or judges, or their successors ; and such answers shall, upon production thereof, be final and conclusive evidence, in such suit or other proceedings, of the several matters therein contained and required to be ascertained thereby." Stat. 7 & 8 CL. Stat. 7 & 8 Victoria, cap. iii. A.D. 1844. "Vict cqj) iii * "An Act to enable the Rector, Churchwardens, and Overseers of the Poor of the Parish of Bow Brickhill, in the County of Buckingham, to sell certain Parcels of Land in the said Parish which were allotted to them under the Award of the Commissioners made in pursuance of the Bow Brickhill and Fenny Strat ford Inclosure Act, passed in the thirtieth year of King George the Third." STATUTA VICTORIA. A.D. 1837—1844. 2229 CLI. Stat. 7 & 8 Victoria, cap. xix. A.D. 1844. Stat. 7 & 8 _ ,,. . _ . . Vict. cap. xix. 'An Act to authorize the Sale of certain Estates and Mines belonging to the Chapel of Willenhall in the Parish of Wolverhampton, in the County of Stafford, and to provide a Residence for the Incumbent of the Chapel." CLII. Stat. 7 & 8 Victoria, cap. xx. A.D. 1844. "An Act to enable the Guardian of Henry Peach Keighley Peach, an Infant, to sell the next Presentation to the Rectory and Parish Church of Idlicote, in the County of Warwick*' Stat. 7 & 8 Vict. cap. xx. Stat. 7 & 8 CLIII. Stat. 7 & 8 Victoria, cap. xxvii. A.D. 1844. Vict. cap. "An Act to enable the Trustees of the Will of Sir George William Tapps Gervis, xxvii. Baronet, deceased, to convey a Church at Bournemouth, in the County of South- ampton, to Her Majesty's Commissioners for building new Churches, and to endow the same." CLIV. Stat. 7 & 8 Victoria, cap. xxxii. [Ireland.] A.D. 1844. Stat. 7 & 8 Vict. cap. "An Act for annexing to the united Bishoprics of Down, Connor, and Dromore, xxx\\, [iBf] the House known as Down and Connor House, with the Appurtenances, and for other Purposes." CLV. Stat. 7 & 8 Victoria, c. 37. A.D. 1844. "An Act to secure the Terms on which Grants are made by Her Majesty out of the Parliamentary Grant for the Education of the Poor; and to explain the Act of the fifth year of the Reign of Her present Majesty, for the Conveyance of Sites for Schools." " Whereas during several years last past divers sums of money have been granted by parliament to her majesty, to be applied for the purpose of promoting the education of the poor in Great Britain, and similar grants may hereafter be made : and whereas her majesty hath appointed a committee of her council to receive applications for assistance from such grants, and to report thereon, and to advise her as to the terms and conditions upon which such assistance shall be granted, and many such reports have been made, and approved of by her majesty, and the terms and conditions having been assented to by the applicants, grants have been made out of the said fund : and whereas in some cases, by reason of the deeds of endowment of schools in respect of which such applications have been received having been executed before the grant has been made, such terms and conditions have not and cannot be made permanently binding on the estate ; but the parties promoting the said schools have entered into personal obligations or assurances for the due performance of such terms and conditions, though deriving no beneficial interest from the charitable institution which they have established ; and it is desirable to provide permanent security to her majesty and her successors for the due fulfilment of the terms and conditions, and to relieve the parties from the personal liabilities so entered into for the purpose aforesaid : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by the authority of the same, that where any grant hath been made or shall hereafter be made out of any sums of money heretofore granted or hereafter to be granted by parliament for the purposes of education in Great Britain, under the advice of any committee of the council on education for the time being, upon terms and conditions to provide for the inspection of the school by an inspector appointed or to be appointed by her majesty and her successors, which shall not be inserted in the conveyance of the site of the school, or in the deed declaring the trusts thereof, and such grtmt shall be made in aid of the purchase of the site, or of the erection, enlargement, or repair of the school, or of the residence of the master Stat. 7 & 8 Vict. c. 37. The terms and conditions upon which parliamentary aid has been given towards the building of schools secured upon the site. 2230 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 37. The termsupon which aid shall be granted to trustees of ancient endow- ed schools. Death, of donor within twelve calendar months not to avoid grant. 9 Geo. 2,c. 36. Site may be granted to the minister and churchwar- dens. or mistress thereof, or of the furnishing of the school, such terms and conditions shall be binding and obligatory upon the trustees or managers of the said school or other the premises for the time being, in like manner and to the like effect as though they had been inserted in the conveyance of the site of the said school, or in the. declaration of the trusts thereof ; and henceforth all personal obligations entered into for the purpose of securing the fulfilment of such terms and conditions shall, so far as they relate thereto, but no further, be null and void : provided nevertheless, that such terms and conditions shall have been or shall be set forth in some document in writing, signed by the trustees of the said school or the major part of them, or by the party or parties conveying the site, in the case where there shall have been a volnntary gift thereof. "II. And whereas there are many endowments for the purpose of education of the poor in Great Britain of ancient date, the schools whereon have become dilapi- dated, and, the funds of such endowment being insufficient for the restoration thereof, application is made by the trustees, or by the persons acting in the dis- charge of the trusts thereof, for aid out of the said parliamentary grant, but the same hath been declined, because such applicants could not impose upon their lawful successors in the said trust the conditions which the said committee would have advised her majesty to require to secure the due inspection of such schools, and it is expedient to enable them to do so ; be it therefore enacted, that where the major part of the trustees of any endowed school for the education of the poor duly appointed under the terms of the deed of endowment, or, when such deed cannot be found or cannot be acted upon, of the persons who shall be in the posses- sion of the endowment, and shall be acting in the execution of the trusts or the reputed trusts thereof, shall, and in cases where there shall be a visitor of such school with the consent of such visitor in writing, apply for aid out of such parlia- mentary grant to enable them to rebuild, repair, or enlarge the school belonging to such endowment, or the residence of the master or mistress thereof, or to furnish such school, and shall in writing assent to the said school being open to inspection on behalf of her majesty and her successors, if the said committee shall deem fit to advise that any such grant shall be made, it shall immediately after the making of such grant, and thenceforth from time to time, be lawful for any inspector of schools appointed by her majesty and her successors, in conformity with the terms contained in the writing testifying such consent as aforesaid, to enter the said school at all reasonable hours in the day for the purpose of inspecting and examin- ing the state and condition of the school and the scholars thereat, and of making such report thereon, as he shall deem fit. " III. And whereas by an act passed in the fifth year of the reign of her present majesty, intituled, 4 An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools,' it is enacted, that any person, being seised in fee-simple, fee-tail, or for life of and in any manor, or lands of freehold, copyhold, or customary tenure, may grant, convey, or enfranchise, and subject to the provi- sions therein mentioned, any quantity not exceeding one acre of land as a site for a school or otherwise, as therein likewise specified ; and it is desirable to prevent any such grant, being of so limited an interest, from being defeated by the death of the grantor ; be it enacted, that where any deed shall have been or shall be executed under the powers and for the purposes contained in the said act, without any valuable consideration, the same shall be and continue valid, if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof. " IV. And whereas it was provided by the said act that grants of land or build- ings, or any interest therein, for the purposes of the education of poor persons, might be made to the minister of any parish, being a- corporation, and the church- wardens or chapelwardens and overseers of the poor and their successors, and it is sometimes found inexpedient or impracticable to introduce the overseers as parties to the legal estate ; be it therefore enacted, that such grants may be made to the minister and churchwardens of any parish, such minister being the rector, vicar, or perpetual curate thereof, whether endowed or not, to hold to them and their STATUTA VICTORIA. A.D. 1837—1844. 2231 successors, subject to the provisions contained in the deed of conveyance thereof for the management, direction, and inspection of the school and premises. " V. And be it enacted, that if the rector, vicar, or perpetual curate of any parish be desirous of making a grant of any land for the purposes and under the powers of the said act, being part of the glebe or other possessions of his benefice, and shall, with the consent of the patron of the said benefice, and of the bishop of the diocese within which the same shall be situated, grant the same to the minister and church or chapel wardens, or to the minister, church or chapel wardens, and overseers of the poor of the said parish, such grant shall be valid, and shall thence- forth enure for the purposes of the trust set forth therein, if otherwise lawful, notwithstanding such minister is the party making the grant. " VI. And be it enacted, that this act may be altered by any other act in this session of parliament." CLVI. Stat. 7 & 8 Victoria, c. 38. [Ireland.] A.D. 1844. "An Act to amend an Act of the last Session, to consolidate and amend the Laws for the Regulation of Charitable Loan Societies in Ireland" Stat. 7 & 8 Vict. c. 37. Rector, vicar, or perpetual curate, may grant to the minister and churchwar- dens, or to the minister, churchwar- dens, and over- seers of his parish. Act may be altered this session. Stat. 7 & 8 Vict. c. 38. [I*.] CLVII. Stat. 7 & 8 Victoria, c. 44. [Scotland.] A.D. 1844. Stat. 7 & 8 • Vict. c. 44. iAn Act to facilitate the disjoining or dividing of Extensive or Populous Parishes, [Sc.] and the erecting of new Parishes, in that Part of the United Kingdom called Scotland" CLVIII. Stat. 7 & 8 Victoria, c. 45. A.D. 1844. "An Act for the Regulation of Suits relating to Meeting Houses and other Property held for Religious Purposes by Persons dissenting from the United Church of England and Ireland" " Whereas an act was passed in the first session of the first year of the reign of King William and Queen Mary, intituled, 4 An Act for exempting Their Majes- ties' Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws and whereas an act was passed in the nineteenth year of the reign of King George the Third, intituled, ' An Act for the further Relief of Pro- testant Dissenting Ministers and Schoolmasters ;' and whereas an act was passed in the fifty- third year of the reign of King George the Third, intituled, ' An Act to relieve Persons who impugn the Doctrine of the Holy Trinity from certain Penal- ties ;' and whereas an act was passed by the parliament of Ireland in the sixth year of the reign of his majesty King George the First, intituled, * An Act for exempting the Protestant Dissenters of this Kingdom from certain Penalties to which they are now subject ;' and whereas an act was passed in the fifty-seventh year of the reign of King George the Third, intituled, 4 An Act to relieve Persons impugning the Doctrine of the Holy Trinity from certain Penalties in Ireland and whereas prior to the passing of the said recited acts respectively, as well as subsequently thereto, certain meeting houses for the worship of God, and Sunday or day schools, (not being grammar schools,) and other charitable foundations, were founded or used in England and Wales and Ireland respectively for purposes beneficial to persons dissenting from the church of England and the church of Ireland and the united church of England and Ireland respectively, which were unlawful prior to the passing of those acts respectively, but which by those* acts respectively were made no longer unlawful ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that with respect to the meeting houses, schools, and other charitable foundations so founded or used as aforesaid, and the persons holding or enjoying the benefit thereof respectively, such acts, and all deeds or documents relating to such charitable foundations, shall be construed as if the said acts had been in force respectively at the respective times of founding or using such meeting houses, schools, and other charitable foundations as aforesaid. Stat. 7 & 8 Vict. c. 45. 1 G. & M. sess. 1, c. 18. 19Geo.3,c.44. 53 Geo. 3, c. 160. 6 Geo. 1, (Ir.) 57Geo.3,c.70. Recited acts, as well as all deeds relating to such meet- ing houses, &c. to be con- strued as if the acts had been in force at the time of the foundation of such meeting houses, &c. 2232 STATUTA VICTOIlIiE. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 45. The religious doctrines or opinions for the preaching or promotion of which the meeting house may be held to be collected from twenty- five years' usage, where not expressly stated in the deed of trust. Act not to affect any judgment, &c. of a court of law or equity, and court may give defendants the benefit of act in suits now pending. "II. And be it enacted, that so far as no particular religious doctrines or opi- nions, or mode of regulating worship, shall on the face of the will, deed, or other instrument declaring the trusts of any meeting house for the worship of God by- persons dissenting as aforesaid, either in express terms, or by reference to some book or other document as containing such doctrines or opinions or mode of regu- lating worship, be required to be taught or observed or be forbidden to be taught or observed therein, the usage for twenty-five years immediately preceding any suit relating to such meeting house of the congregation frequenting the same shall be taken as conclusive evidence that such religious doctrines or opinions or mode of worship as have for such period been taught or observed in such meeting house may properly be taught or observed in such meeting house, and the right or title of the congregation to hold such meeting house, together with any burial ground, Sunday or day school, or minister's house attached thereto; and any fund for the benefit of such congregation, or of the minister or other officer of such con- gregation, or of the widow of any such minister, shall not be called in question on account of the doctrines or opinions or mode of worship so taught or observed in such meeting house ; provided nevertheless, that where any such minister's house, school, or fund as aforesaid shall be given or created by any will, deed, or other instrument, which shall declare in express terms, or by such reference as aforesaid, the particular religious doctrines or opinions for the promotion of which such mini- ster's house, school, or fund is intended, then and in every such case such minister's house, school, or fund shall be applied to the promoting of the doctrines or opi- nions so specified, any usage of the congregation to the contrary notwithstanding. " III. Provided always, and be it enacted, that nothing herein contained shall affect any judgment, order, or decree already pronounced by any court of law or equity ; but that in any suit which shall be a suit by information only and not by bill, and wherein no decree shall have been pronounced, and which may be pending at the time of the passing of this act, it shall be lawful for any defendant or defendants for whom the provisions of this act would have afforded a valid defence if such suit had been commenced after the passing of this act to apply to the court wherein such suit shall be pending; and such court is hereby authorized and required, upon being satisfied by affidavit or otherwise that such suit is so within the operation of this act, to make such order therein as shall give such defendant or defendants the benefit of this act ; and in all cases in which any suit now pending shall be stayed or dismissed in consequence of this act, the costs thereof shall be paid by the defendants, or out of the property in question therein, in such manner as the court shall direct." St at. 7 & 8 CLIX. Stat. 7 & 8 Victoria, c. 56. A.D. 1844. "V i c x c 56 "An Act concerning Banns and Marriages (1) in certain District Churches or Chapels." 59 Geo. 3, " Whereas an act was passed in the fifty-ninth year of the reign of King c. 134. George the Third, intituled, * An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building vl) Banns and Marriages: — The following is a tabular statement of the principal statutes which apply to banns and marriages. Act for marriages in England 6 & 7 Gul. 4, c. 85. ] Suspended until June, 1837, by .... 7 Gul. 4 & 1 Vict. c. 1. i E. Amended and explained by 7 Gul. 4 & 1 Vict. c. 22. J Clandestine marriages, amending 26 Geo. 2, c. 33, for) „ „ . „. better preventing / 3 Ge0' 4' c' '5- Amended by 4 Geo. 4, c. 17. Stat. 26 Geo. 2, c. 33, and Stat. 4) . ~ na Geo. 4, c. 17, repealed by / 4 Ge0' 4' c' 76* Provisions now in force! 3 Geo* 4' C* 75' 4 Geo' 4' °' 7Ck K. J 1 5 Geo. 4, c. 32. 11 Geo. 4 & 1 Gul. 4, c.66. District churches and chapels, concerning marriages in 7 & 8 Vict. c. 56. E. Hamburgh, declaring valid, marriages solemnized there) . r , A. is since the abolition of the British factory ( li & 4 UuL 4' c' 4o' ' India, removing doubts as to the validity of certain), Q ~ n QA T- v marriages solemnized in J°8 Gc0' 3' c' 84 ' LK* STATUTA VICTORLE. A.D. 1837-1844. 2233 of additional Churches in populous Parishes :' and whereas another act was passed in the second year of the reign of his late majesty, intituled, * An Act to amend and render more effectual an Act passed in the seventh and eighth years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes :" ' and whereas another act was passed in the second year of the reign of her present majesty, intituled, 6 An Act to amend and render more effectual the Church Building Acts :' and whereas another act was passed in the fourth year of the reign of her said majesty, intituled, * An Act to further amend the Church Build- ing Acts and whereas doubts are entertained whether banns of matrimony can be published or marriages be solemnized in churches or chapels to which districts have been or may hereafter be assigned under the said recited act passed in the second year of the reign of his late majesty ; and it is expedient to remove such doubts: be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this pre- sent parliament assembled, and by the authority of the same, that in every case in which a district has been or shall be assigned to any church or chapel under the provisions of the said last-mentioned act, it shall be lawful for her majesty's com- missioners for building new churches, with the consent of the bishop of the diocese, in every such case as has come or shall come before the said commissioners under the provisions of the said last-mentioned act, and for the said bishop in every such other case, to determine whether banns of matrimony shall be pub- lished and marriages solemnized in any such church or chapel aforesaid or not. Stat. 7 & 8 Vict. c. 56. 1 & 2 Gul. 4, c. 38. 1 & 2 Vict, c. 107. 3 & 4 Vict, c. 60. Where a dis- trict is assigned under last recited act, the church build- ing commis- sioners or the bishop to de- cide as to banns and marriages. Ireland, act for marriages in Ireland, and for registering) _ fi v. such marriages J 7 & 8 Vict. c. 81. Laws respecting the solemnization of marriages, a-) . „ mending .... } 4 Geo' 4> c- '6- Amended by 5 Geo. 4, c. 32. 11 Geo. 4 & 1 Gul. 4, c. 66. Licences, rendering valid marriages solemnized by,) n after the passing of 3 Geo. 4, c. 75 / 4 Geo* 4' c' 5- Lunatics, preventing marriages of 51 Geo. 3, c. 37. Matrimonial contracts, extending to Ireland the pro-),Q r visions of an English act for annulling J58 Cje0* J' c' 81 • Newfoundland, regulating the celebration of mar-L„ ~ riages in }57 Geo- 3, c 51. Repealed, and other provisions made by 5 Geo. 4, c. 68. Presbvterian marriages, confirmed -f ^ & » Xict* c" 113' 5 \ 6 & 7 Vict. c. 39. Registers of marriages in England, for better regulating ) _ _ ~ and preserving }52 Geo- 3> c- 146- Amended by 11 Geo. 4 & 1 Gul. 4, c. 66. Registering of marriages in England, an act for 6 & 7 Gul. 4, c. 86. Suspended until June, 1837, by .... 7 Gul. 4 & 1 Vict. c. 1. Amended and explained by 7 Gul. 4 & 1 Vict. c. 22. Residence, for the solemnization of marriages near the,) „ ,T of the parties / 3 & 4 Vlct- c- 72- Roman catholic clergymen celebrating marriages con-) 3 & 4 Gul. 4, c. 102. trary to law, repealing penal enactments against J 5 & 6 Vict. c. 28. Roman catholic priests and ministers not of the esta-] blished church in Scotland, amending the laws re-> 4 & 5 Gul. 4, c. 28. lative to marriages celebrated by J Saint Ann's chapel, Wandsworth, rendering valid mar- ) - . „ _ , riages solemnized in J b & / Gul. 4, c. 24. Saint Clement's church, Oxford, rendering valid cer- )/••,<» tain marriages solemnized in I ' Gu** 4' c* 92. Saint Petersburgh, declaring valid marriages solemnized ) there since the abolition of the British factory ....) 4 Geo' 4» c" 67 ' "V alidity of marriages solemnized in churches or chapels) 44 Geo. 3, c. 77. ) in which banns had not been usually published ' 48 Geo. 3, c. 127. 1 confirming J 6 Geo< 4> c 92 j of marriages celebrated abroad, obviating) doubts respecting J 4 "e0, 4> c 91. E. U.K. U.K. U.K. E. E. s. E. E. U.K. U.K. U.K. of marriages solemnized in certain churches ) , , ^ , ^ , and chapels, confirming fH Geo> 4 & 1 Gul- 4» c. 18. E. of certain marriages, confirming; and alter-) ing the law with respect to certain void- 1 5 & 6 Gul. 4, c 54. E. able marriages J 2234 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 56, Proceedings in cases where it shall be deter- mined that banns may be published and marriages solemnized. How fees to be disposed of. The validity of marriages in certain chapels with districts assigned to them not to be questioned. Omissions to authorize marriages in chapels may- be cured by supplemental order. " II. And be it enacted, that when and so soon as it shall be determined that banns of matrimony may be published and marriages solemnized in any such church or chapel, the bishop of the diocese within which such church or chapel shall be locally situated, whether in any parish or extra-parochial place, or other- wise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of the registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclusive evidence in all courts, and in all ques- tions relating to any banns published or marriages solemnized in any such church or chapel, that the same might according to law respectively be published and solemnized in such church or chapel, and that all banns published and marriages solemnized in any such church or chapel according to the laws and canons in force within this realm in that behalf shall after the granting of such certificate be good to all intents and purposes whatsoever : provided always, that no banns or mar- riages respectively published or solemnized according to the laws and canons in force within the realm in that behalf in any church or chapel in which the same are authorized to be respectively published, solemnized, and had by the said recited acts or this act, or either of them, shall be invalid by reason of any such certificate not having been duly given, or registered or entered, as hereinbefore required: provided also, that all fees, dues, offerings, and other emoluments on account of such marriages, whether of right or custom, belonging to the incumbent or clerk of any parish, chapelry, or place in which such church or chapel has been erected, shall be received by or for or on account of such incumbent or clerk respectively, and be paid over to them, except such of the said fees, dues, offer- ings, or other emoluments, or such portions thereof, as the said commissioners, with the consent of the bishop of the diocese, the patron, and the said incumbent respectively, in those cases which shall come before the said commissioners, by order made under their common seal, or the bishop of the diocese alone, with the consent of the patron and incumbent, in all other cases, by order under his hand and seal, shall assign to the minister of such church or chapel ; and every such instrument of assignment shall be registered in the registry of the bishop of the diocese within which said church or chapel shall be locally situated: provided always, that nothing hereinbefore contained shall be construed to take away from existing parish clerks any fees, dues, or emoluments to which they are now by law or custom entitled. " III. And whereas, by error, banns have been published, and divers marriages have been solemnized, in chapels with districts assigned to them under the provi- sions of the hereinbefore recited acts or some of them, but in which chapels banns could not be legally published, nor marriages by law be solemnized ; and it is expedient to remove all doubts, arising from the circumstances aforesaid, touching the validity of such marriages : be it therefore enacted, that banns already pub- lished, and marriages already solemnized, in such chapels as aforesaid, shall not hereafter be questioned on account of the said banns having been published, or the said marriages solemnized, in any such chapel as aforesaid ; and the minister or ministers who solemnized the same shall not be liable to any ecclesiastical censure, or to any other proceedings or penalties whatsoever, by reason thereof ; and the registers of all marriages so solemnized as aforesaid, or copies of such registers, shall be received in all courts of law and equity as evidence of such marriages respectively. " IV. And be it enacted, that where a chapelry has been already or shall here- after be assigned to any chapel under the provisions of the hereinbefore recited act passed in the fifty-ninth year of the reign of King George the Third, and the order in council assigning such chapelry does not direct that marriages may be performed in such chapel, it shall be lawful for her majesty, by any supplemental order in council, on a representation to be made to her by the said commissioners, with the consent of the bishop of the diocese, to order that marriages may be performed thereafter in such chapel ; and that all the fees arising therefrom, or a part thereof, STATUTA VICTORIA. A.D. 1837—1844. 2235 should thereafter belong and be paid to the minister of such chapel, or after the next avoidance of the parish church, or that all or a portion of such fees should belong and be paid to the incumbent of such parish church ; and all the laws in force delating to banns of marriage, and marriages in district chapels, and the registering thereof, shall apply to marriages performed under such supplemental order in council. w V. And be it enacted, that in any representation to her majesty in council, or in any order of council to be made thereon, or in any other matter or thing done under their common seal by the said commissioners under the authority of the hereinbefore recited acts or any other act of parliament, it shall be sufficient to refer to the section or sections as numbered in copies printed by the queen's printer of the act or acts under the authority whereof such representation or order in council is made, or such matter or thing done, and it shall not be necessary to recite any of the provisions of such section or sections. " VI. And be it enacted, that every order in council under the provisions of the hereinbefore recited acts or any of them, or under the provisions of any other of the Church Building Acts, shall, as soon as may be after the making thereof by her majesty in council, be inserted and published in the London Gazette in like manner as any order in council made under the acts regulating the proceedings of the ecclesiastical commissioners of England is published in such Gazette, and it shall not be necessary to enrol in the court of Chancery any map or plan or description of the boundaries of any division or district formed under the provi- sions of the hereinbefore recited acts or any other of the Church Building Acts ; and a map or plan on which shall be marked such boundaries, and which shall be sealed with the common seal of the said commissioners for building new churches, and the order in council annexed thereto, shall be registered in the registry of the diocese in the manner directed by the act passed in the fourth year of the reign of her present majesty, intituled, * An Act to carry into effect, with certain Modifi- cations, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues,' and shall be subject to such and the like provisions in all respects relating thereto as are contained in the same act : provided always, that nothing in this act contained shall be taken to repeal or affect any of the authorities contained in an act of parliament passed in the seventh year of the reign of his late majesty, intituled, 'An Act for Marriages in England,' for licensing any churches or chapels for the solemnization of marriages therein." Stat. 7 & 8 Vict. c. 56. In any repre- sentation to the queen in council, &c. the number of the section of the act under which such representation, &c. is made, need only be recited. Every order in council under the Church Building Acts to be inserted in the London Gazette, and registered with a map and de- scription of boundaries, but the map not required to be enrolled in Chancery. 3 & 4 Vict, c. 113. Not to affect 6 & 7 Gul. 4, c. 85, as to licensing churches, &c for solemniza- tion of mar- riages. CLX. Stat. 7 & 8 Victoria, c. 59. A.D. 1844. "An Act for better regulating the Offices of Lecturers and Parish Clerks" " Whereas in divers districts, parishes, and places, there now are or hereafter may be certain lecturers or preachers in the holy orders of deacon or priest of the united church of England and Ireland elected or otherwise appointed to deliver or preach lectures or sermons only, without the obligation of performing other clerical or ministerial duties : and whereas it is expedient in many cases that such lecturers or preachers should be authorized and required to perform other clerical and ministerial duties, and to act if necessary as assistant curates, in such districts parishes, or places ; be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons in this present parliament assembled, and by the authority of the same that from and after the passing of this act it shall be lawful for the bishop of the diocese wherein any such lecturers or preachers shall be so elected or appointed as afore- said, if he shall think fit, with the assent of the incumbent of every such district parish, or place, to require, by writing under his hand and seal, any sucli lecturer or preacher to undertake and perform such other clerical or ministerial duties as assistant curate or otherwise, within such district, parish, or place, as the said bishop, with the assent of such incumbent as aforesaid, shall think proper, and also to vary from time to time, if necessary, and with the like assent, the particular duties so required to be performed as aforesaid ; and in case such lecturer or preacher shall at any time refuse or neglect duly and faithfully to perform such Stat. 7 & 8 Vicr. c. 59. Lecturers or preachers may be required to perform other clerical duties in certain cases. 2230 STATUTA VICTOIUjE. A.D. 1837—1844. Stat. 7 & 3 Vict. c. 59. Saving the rights of pre- sent holders. Power to ap- point persons in holy orders to the office of church clerk, and to require such persons to act as as- sistant curates, if necessary. Such person to be li censed by the bishop, and when ap- pointed other- wise than by the bishop to be subject to the approval of the incum- bent. additional duties, and to act in the manner required by the said bishop as aforesaid, it shall be lawful for the said bishop to summon the said lecturer or preacher to appear before him, and thereupon the said bishop, with the assistance of one at least of the archdeacons, and also of the chancellor of such diocese, shall proceed summarily to inquire into the facts of the case, and to adjudicate thereon, and, if necessary, to suspend or remove the said lecturer or preacher from his said office, and to declare the same vacant ; but nevertheless such lecturer or preacher may, within fourteen days next after the passing or making of any such sentence or declaration, appeal therefrom to the archbishop of the province, who shall there- upon forthwith summarily hear and determine the same : and if no such appeal be made within the time aforesaid, or if the said sentence or declaration shall upon such appeal be affirmed by the said archbishop, the said bishop shall then cause the same to be forthwith duly published in the church or chapel wherein the said lecturer or preacher hath been used to deliver or preach his said lectures or ser- mons by virtue of his said office, and thereupon the said office shall be and be deemed to be vacant, and the parties entitled to elect or appoint a person to the same shall be entitled and required to elect or appoint a successor thereto, in the same manner as if the said lecturer or preacher were dead, and the right and interest of such lecturer or preacher to and in the said office, and to and in all the emoluments and advantages thereof, shall wholly cease and determine ; provided that nothing herein contained shall affect or be deemed applicable to any lecturer or preacher who shall have been elected or appointed to his said office before the passing of this act, unless such lecturer or preacher shall con- sent to be bound thereby. " II. And be it enacted, that when and so often after the passing of this act as any vacancy shall occur in the office of church clerk, chapel clerk, or parish clerk, in any district, parish, or place, it shall be lawful for the rector or other incumbent or other the person or persons entitled for the time being to appoint or elect such church clerk, chapel clerk, or parish clerk as aforesaid, if he shall think fit, to appoint or elect a person in the holy orders of deacon or priest of the united church of England and Ireland to fill the said office of church clerk, chapel clerk, or parish clerk ; and such person so appointed or elected as afore- said shall, when duly licensed as hereinafter provided, be entitled to have and receive all the profits and emoluments of and belonging to the said office, and shall also be liable in respect thereof, so long as he shall hold the same, to per- form all such spiritual and ecclesiastical duties within such district, parish, or place, as the said rector or other incumbent, with the sanction of the bishop of the diocese, may from time to time require ; but such person in holy orders so appointed or elected as aforesaid shall not by reason of such appointment or election have or acquire any freehold or absolute right to or interest in the said office of church clerk, chapel clerk, or parish clerk, or to or in any of the pro- fits or emoluments thereof, but every such person in holy orders so appointed or elected as aforesaid shall at all times be liable to be suspended or removed from the said office, in the same manner and by the same authority, and for such or the like causes, as those whereby any stipendiary curate may be law- fullv suspended or removed ; such suspension or removal nevertheless being sub- ject to the same power of appeal to the archbishop of the province to which any stipendiary curate is or may be entitled. " III. Provided always, and be it enacted, that every such appointment or election as last aforesaid, if made by any other person or persons than the rector or other incumbent of such district, parish, or place, shall be subject to the consent and approval of such rector or other incumbent of such district, parish, or place ; and that no person in holy orders so appointed or elected as aforesaid shall be competent to perform any of the duties of his said office, or any other spiritual or ecclesiastical duties, within such district, parish, or place, or to receive or take any of the profits or emoluments of his said office, unless and until he shall have duly obtained from the bishop of the diocese within which such dis- trict, parish, or place, is situate, such licence and authority in that behalf as STATUTA VICTORIA. A.D. 1837-1844. 2237 are required and usual in respect of stipendiary curates ; but nevertheless, such Stat. 7 & 8 licence and authority, when so obtained as aforesaid, shall entitle the person so VlCT- c- 59- obtaining it to hold the said office, and to receive and take the profits and emoluments thereof as aforesaid, until he shall have resigned the same, or have been so suspended or removed as aforesaid, without any annual or other re- appointment or re-election thereto. " IV. Provided also, and be it enacted, that no rector or other incumbent of Appointments any district, parish, or place, wherein any such person or persons shall be so ^J8818**1^ employed as aforesaid, or wherein any lecturer or preacher shall have been required ^^,^0^0 to undertake and perform other clerical and ministerial duties, in the manner exempt incum- hereinbefore provided, or wherein any person in holy orders shall have been bents from the appointed or elected to fill the office of church clerk, chapel clerk, or parish clerk duty of Pro; rr , „ . \ , j> j. vidmg curates as aforesaid, shall by reason of any such provisions be exempt from any duty or -n cj£es where obligation of employing within the same district, parish, or place, any curate or they are now other assistant to which by any law, statute, canon, or usage he is or may be liable, already liable ; but it shall be lawful for the bishop of the diocese from time to time to require every such rector or other incumbent to provide, or for the said bishop to nominate and license, such other curates and assistants to officiate within every such district, parish, or place, in addition, either to the person or persons so intended to be employed as aforesaid, or to such lecturer or preacher, or to such church clerk, chapel clerk, or parish clerk, and to make regulations for the pay- ment of the stipends of such other curates and assistants, as fully and in the same manner, and subject to the same restrictions as he might have done by law if this act had not been passed. " V. And be it enacted, that if at any time it shall appear, upon complaint or Power to sus- otherwise, to any archdeacon or other ordinary that any person not in holy orders, pend or remove holding or exercising the office of church clerk, chapel clerk, or parish clerk in church clerks any district, parish, or place within and subject to his jurisdiction, has been guilty ders^ho mav of any wilful neglect of or misbehaviour in his said office, or that by reason of be guilty of any misconduct he is an unfit and improper person to hold or exercise the same, it neglect or shall be lawful for such archdeacon or other ordinary forthwith to summon such misbehaviour, church clerk, chapel clerk, or parish clerk to appear before him, and also by writing under his hand, or by such process as is commonly used in any of the courts ecclesiastical for procuring the attendance of witnesses, to call before him all such persons as may be competent to give evidence or information respecting any of the matters imputed to or charged against such church clerk, chapel clerk, or parish clerk as aforesaid ; and such archdeacon or other ordinary shall and may, if he see fit, examine upon oath, to be by him administered in that behalf, any of the persons so appearing or attending before him respecting any of the matters afore- said, and shall and may thereupon summarily hear and determine the truth of the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk as aforesaid ; and if upon such investigation it shall appear to the satisfaction of such archdeacon or other ordinary that the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk are true, it shall be lawful for the said archdeacon or other ordinary forthwith to suspend or remove such church clerk, chapel clerk, or parish clerk from his said office, and by certificate under his hand and seal directed to the rector or other officiating minister of the parish, district, or place wherein such church clerk, chapel clerk, or parish clerk, held or exercised his said office, to declare the said office vacant, and a copy of such certificate shall thereupon, by such rector or other officiating minister, be affixed to the principal door of the church or chapel in which the said church clerk, chapel clerk, or parish clerk usually exercised his said office ; and the person or persons who upon the vacancy of such office are entitled to elect or appoint a person to fill the same, shall and may forthwith proceed to elect or appoint some other person to fill the same in the place of the said church clerk, chapel clerk, or parish clerk so removed as aforesaid : provided always, that the exercise of such office by a sufficient deputy who shall duly and faithfully perform the duties thereof, and in all respects well and properly demean himself, shall not be deemed a wilful neglect of his office 2238 STATUTA VICTORIA. A.D. J 837 — 1844. Stat. 7 & 8 Vict. c. 59. Power to re- move person ceasing to be employed as mentioned in this act from premises held by him in right of his employment. on the part of such church clerk, chapel clerk, or parish clerk, so as to render him liable, for such cause alone, to be suspended or removed therefrom. " VI. And be it enacted, that in case any person, having ceased to be employed in any of the offices or duties in this act mentioned or referred to, or having been duly suspended or removed from any such office or employment as aforesaid, shall at any time refuse or neglect to give up the possession of any house, building, land, or premises, or any part or parcel thereof, by him held or occupied by virtue or in respect of any such office or employment as aforesaid, it shall be lawful for the the bishop of the diocese, upon complaint thereof to him made, to summon such person forthwith personally to appear before him, and to show cause for such refusal or neglect ; and upon the failure of the person so summoned as aforesaid to obey such summons, or, upon his appearance, to show to the said bishop such cause as may be deemed by the said bishop sufficient for such refusal or neglect, the said bishop shall thereupon grant a certificate of the facts aforesaid, under his hand and seal, to the person or persons entitled to the possession of such house, building, land, or premises as aforesaid, who may thereupon go before any neigh- bouring justice of the peace ; and such justice, upon production of such certificate, and proof of such wrongful retention of possession as aforesaid, shall and he is hereby required to issue his warrant under his hand and seal, directed to the constables or other peace officers of the district, parish, or place within which such house, building, land, or premises is or are situate, or to the constables or other peace officers of any neighbouring district, parish, or place, requiring them forthwith to expel and remove from the said house, building, land, or premises, and from every part and parcel thereof, the person so wrongfully retaining possession thereof, and to deliver the peaceable possession thereof to the person or persons so entitled to the same as aforesaid ; and such constables or other peace officers shall and they are hereby required promptly and effectually to obey and execute such warrant, according to the exigency thereof, and thereupon it shall be lawful for them also to levy, upon the goods and chattels of the person so by them expelled and removed as aforesaid, the necessary costs and expenses of executing such warrant, the amount whereof, in case the same shall be disputed, shall be forthwith settled and deter- mined by the said justice of the peace by whom the said warrant was so issued as aforesaid, or by any other justice of the peace residing in or near to the said district, parish, or place, whose decision thereupon shall be final, and who is hereby autho- rized to make such order in that behalf as to him shall seem reasonable." Stat. 7 & 8 Vict. c. 61. CLXI. Stat. 7 & 8 Victoria, c. 61. A.D. 1844. ' An Act to annex detached Parts of Counties to the Counties in which they are " V. Provided always, and be it enacted, that nothing herein contained shall alter or interfere with any ecclesiastical jurisdiction or right of patronage." Stat. 7 & 8 Vict. c. 65. His royal highness may make grants of land for sites for churches, CLXII. Stat. 7 & 8 Victoria, c. 65. A.D. 1844. "An Act to enable the Council of His Royal Highness Albert Edward, Prince of Wales, to sell and exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands, and for other Purposes." " XXVI. And be it enacted, that it shall be lawful for his said royal highness, his heirs or successors, out of the lands and possessions of the said duchy, to give and grant to and vest in any person, or body politic or corporate, his or their heirs, executors, administrators, or successors, any building proper to be used as or converted into a church or chapel, or parochial or district school, and any ground proper for the site of any church or chapel, with or without a cemetery or burial ground thereto, and any ground proper for a cemetery or burial ground to any church or chapel, and any house, with its appurtenances, and with or without a garden thereto, proper for the residence of the spiritual person who may serve such church or chapel, or of the master or mistress of such school, and any ground STATUTA VICTORIA. A.D. 1837—1844. 2239 proper for the site or sites of any such residence, or of any parochial or district Stat. ? & 8 school, anything in this act or any other law or statute to the contrary in anywise VlCT- c- 60 • notwithstanding; and such person, or body politic or corporate, his or their heirs, executors, administrators, or successors, shall have full capacity and ability to take, hold, and enjoy the same ; and whenever it shall be the pleasure of the said coun- cil, or of his said royal highness, his heirs or successors, to make a grant for any of the purposes aforesaid, it shall be lawful for the said council, or for his said royal highness, his heirs or successors, to make a grant thereof to any such person, body politic or corporate, which grant shall be enrolled in the office of the duchy of Cornwall as aforesaid, and the enrolment of such grant shall be certified at the foot or on the back thereof, by the keeper of the records of the said duchy, or his deputy ; and the said grant, when so enrolled, shall be returned, with such certifi- cate of enrolment, to the grantee or grantees of such lands and premises ; and from and immediately after such enrolment thereof the grantee named in such grant, and his or their heirs, executors, administrators, or successors, shall, by force of this act, be adjudged, deemed, and taken to be in the actual seisin or possession of the premises in the said grant specified, and shall hold and enjoy the same either absolutely and in perpetuity, or for such limited estate, term, or interest, and under and subject to such reservations of rent, or other acknowledgments, conditions, or restrictions, and upon such trust and for such purposes, as shall be specified, inserted, directed, or contained in such grant, any law, statute, or usage to the contrary thereof in anywise notwithstanding: provided always, that nothing in this act contained shall extend or be construed to extend to enable his said royal highness, his heirs or successors, or his said council, to grant more than five acres in any one grant for any of the purposes aforesaid or to grant any premises in any one instance which shall exceed in value the sum of three hundred pounds." CLXI1I. Stat. 7 & 8 Victoria, c. 68. A.D. 1844. Stat. 7 & 8 Vict c 68 "An Act to suspend, until the thirty-first day of December, One thousand eight hundred and forty-seven, the Operation of the new Arrangement of Dioceses, so far as it affects the existing Ecclesiastical Jurisdictions, and for obtaining Returns from and the Inspection of the Registries of such Jurisdictions." "Whereas an act passed in the seventh year of the reign of his late majesty, 6 & 7 Gul. 4, intituled, 'An Act for carrying into effect the Reports of the Commissioners c- appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Epis- copal Dioceses, Revenues, and Patronage,' contains certain temporary provisions relating to the state and jurisdiction of all the ecclesiastical courts in England and Wales ; and whereas the said provisions have been from time to time continued by certain other acts of parliament, and were, by an act passed in the last session of 6 & 7 Vict, parliament, intituled, 'An Act for suspending, until the first day of October, One c- 60- thousand eight hundred and forty-four, the Operation of the new Arrangement of Dioceses, so far as it affects the Ecclesiastical Jurisdictions,' further continued, and now stand continued until the first day of October next, and it is expedient that they should be further continued for a limited time ; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said hereinbefore mentioned provisions shall con- Temporary tinue and be in force until the thirty-first day of December, in the year one thou- provisions sand eight hundred and forty-seven ; provided always, that anv bishop or arch- rel{*tin? t0 deacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive present- tinued. ments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons in the places assigned to their respective juris- diction and authority, under or by virtue of the provisions of the said first-recited act or of any subsequent act, and any bishop may consecrate any new church or chapel or any new burial ground within his diocese. ecclesiastical courts con- 2240 STATUTA VICTORIA. A.D. 1837— 1844. Stat. 7 & 8 "II. And be it enacted, that the registrar of every court granting probates and Vict. c. 68. administrations or exercising ecclesiastical jurisdiction, and the registrar of every Registrars of vicar-general or diocese, shall, on or before the twentieth day of January, in the year court-^make °ne tftousancl eiSht hundred and forty -five, make out and transmit to one of her certain returns majesty's principal secretaries of state a true account in writing of the gross and net to secretary of amounts of all such fees, allowances, gratuities, perquisites, and emoluments respec- state. tively as shall in each of the five next preceding years, each of such years ending on the fifth day of January, have been received or become due on account of the judge of such court or vicar-general, by virtue of his office as such judge or vicar-general, or on account of himself, or (except of surrogates) of any other officer, clerk, or minister of such court or registry, by virtue of his office or employment, specifying the particulars of the payments, disbursements, allowances, and charges respec- tively constituting the difference between such gross and net amounts, and shall on or before the twentieth day of January in every succeeding year transmit a like account for the year ending the fifth day of January in such year ; and the several officers, clerks, and ministers of each of the said courts and registries shall render to the registrar thereof all such statements in writing as he may require for the purpose of preparing such account ; and such registrar shall transmit the said statements to the said secretary of state at the same time with his aforesaid account ; and the said secretary of state may at any time or times require that all or any of the several accounts and statements hereinbefore mentioned shall contain such particulars and be in such form and verified in such manner as to him may seem proper. Registrars to " III. And be it enacted, that on or before the twentieth day of January in report on state everv vear the registrar of each of the said several courts and registries shall report secretary of *n wr^n8 to one °f ner majesty's principal secretaries of state on the state and state, who condition of his registry, and the buildings belonging thereto, and also upon all may direct such other matters connected with such registry, and the documents therein con- surveys, tained, as and in such form as the said secretary of state may from time to time require ; and such secretary of state may from time to time call for further or other returns, and may also direct and cause to be made such inspection or survey of any registry as he may think fit. Registrar, who " IV. And be it enacted, that the word * registrar/ when used in this act, shall to include. include all registrars and deputy registrars. Act may be " V. And be it enacted, that this act may be amended or repealed by any act amended this to be passed in this session of parliament." session. Stat. 7 & 8 CLXIV. Stat. 7 & 8 Victoria, c. 69(1). A.D. 1844. Vict c. 69. "An Act for amending an Act passed in the fourth year of the Reign of His late Majesty, intituled, An Act for the better Administration of Justice in His Majesty1 s Privy Council; and to extend its Jurisdiction and Powers." 3 & 4 Gul. 4, " Whereas the act passed in the fourth year of the reign of his late majesty, c- 41. intituled, 4 An Act for the better Administration of Justice in His Majesty's Privy Council,' hath been found beneficial to the due administration of justice: and 5 & 6 Gul. 4, whereas another act, passed in the sixth year of the said reign, intituled, * An Act to amend the Law touching Letters Patent for Inventions,' hath been also found advantageous to inventors and to the public : and whereas the judicial committee acting under the authority of the said acts hath been found to answer well the purposes for which it was so established by parliament, but it is found necessary to improve its proceedings in some respects, for the better despatch of business, and expedient also to extend its jurisdiction and powers : and whereas by the laws now in force in certain of her majesty's colonies and possessions abroad no appeals can be brought to her majesty in council for the reversal of the judgments, sentences, decrees, and orders of any courts of justice within such colonies, save only of the courts of error or courts of appeal within the same, and it is expedient that her (1) Sections 2, 3, 4, 5, 6, & 7, relate to patents, and do not apply to the objects of this publication. STATUTA VICTORIA. A.D. 1837—1844. 2241 majesty in council should be authorized to provide for the admission of appeals from other courts of justice within such colonies or possessions : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall be competent to her majesty, by any order or orders to be from time to time for that purpose made with the advice of her Privy Council, to provide for the admission of any appeal or appeals to her majesty in council from any judgments, sentences, decrees, or orders of any court of justice within any British colony or possession abroad, although Buch court shall not be a court of errors or a court of appeal within such colony or possession ; and it shall also be competent to her majesty, by any such order or orders as aforesaid, to make all such provisions as to her majesty in council shall seem meet for the instituting and prosecuting any such appeals, and for carrying into effect any such decisions or sentences as her majesty in council shall pronounce thereon : provided always, that it shall be competent to her majesty in council to revoke, alter, and amend any such order or orders as aforesaid as to her majesty in council shall seem meet : provided also, that any such order as aforesaid may be either general and extending to all appeals to be brought from any such court of justice as aforesaid, or special and extending only to any appeal to be brought in any particular case : provided also, that every such general order in council as aforesaid shall be published in the London Gazette within one calendar month next after the making thereof : provided also, that nothing herein contained shall be construed to extend to take away or diminish any power now by law vested in her majesty for regulating appeals to her majesty in council from the judgments, sentences, decrees, or orders of any courts of justice within any of her majesty's colonies or possessions abroad. " VIII. Provided always, and be it enacted, that in the case of any matter or thing being referred to the judicial committee, it shall be lawful for the said com- mittee to appoint one or other of the clerks of the Privy Council to take any formal proofs required to be taken in dealing with the matter or thing so referred, and shall, if they so think fit, proceed upon such clerk's report to them as if such formal proofs had been taken by and before the said judicial committee. " IX. And be it enacted, that in case any petition of appeal whatever shall be presented, addressed to her majesty in council, and such petition shall be duly lodged with the clerk of the Privy Council, it shall be lawful for the said judicial committee to proceed in hearing and reporting upon such appeal, without any special order in council referring the same to them, provided that her majesty in council shall have,, by an order in council in the month of November, directed that all appeals shall be referred to the said judicial committee on which petitions may be presented to her majesty in council during the twelve months next after the making of such order; and that the said judicial committee shall proceed to hear and report upon all such appeals in like manner as if each such appeal had been referred to the said judicial committee by a special order of her majesty in council : provided always, that it shall be lawful for her majesty in council at any time to rescind any general order so made ; and in case of such order being so rescinded all petitions of appeal shall in the first instance be preferred to her majesty in council, and shall not be proceeded with by the said judicial committee without a special order of reference. "X. And be it enacted, that it shall be lawful for the said judicial committee to make an order or orders on any court in any colony or foreign settlement, or foreign dominion of the crown, requiring the judge or judges of such court to transmit to the clerk of the Privy Council a copy of the notes of evidence in any cause tried before such court, and of the reasons given by the judge or judges for the judgment pronounced in any case brought by appeal or by writ of error before the said judicial committee. "XI. And be it enacted, that it shall and may be lawful for the said judicial committee to make any general rule or regulation, to be binding upon all courts in the colonies and other foreign settlements of the crown, requiring the judges' notes 7 D Stat. 7 & 8 Vict. c. 69. Her majesty, by order in council, may provide for the admission of an appeal from any colony, al- though there shall not be a court of error or of appeal in such colony; and may revoke such orders. Orders may be either general or special. General orders to be published. Nothing herein to affect the present powers for regulating appeals from the colonies. Judicial com- mittee may ap- point clerk of Privy Council to take proofs in matters referred to them. Judicial com- mittee may proceed to hearing of appeals without special order of reference. Proviso. Judicial com- mittee may require notes of evidence, taken in the courts of any colony, &c. of the crown. Judicial com- mittee may make rules to 2242 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 69. be binding upon such courts, re- quiring judges' notes of evi- dence, &c. In cases of neglect to comply with order of coun- cil, persons so neglecting may- be punished as for contempt. Act may be repealed, &c. this session. Stat. 7 & 8 Vict. cap. lxxvi. Stat. 7 & 8 Vict. c. 81. [Ir.] After 31st of March, 1845, all rules pre- scribed by the rubric to con- tinue to be observed. of the evidence taken before such court on any cause appealed, and of the reasons given by the judges of such court, or by any of them, for or against the judgment pronounced by such court ; which notes of evidence and reasons shall by such court be transmitted to the clerk of the Privy Council within one calendar month next after the leave given by such court to prosecute any appeal to her majesty in coun- cil ; and such order of the said committee shall be binding upon all judges of such courts in the colonies or foreign settlements of the crown. " XII. And be it enacted, that in all causes of appeal to her majesty in council from ecclesiastical courts, and from admiralty or vice-admiralty courts, which now are or may hereafter be depending, in which any person duly monished or cited or requested to comply with any lawful order or decree of her majesty in council, or of the judicial committee of the Privy Council or their surrogates, made before or after the passing of this act, shall neglect or refuse to pay obedience to such lawful order or decree, or shall commit any contempt of the process under the seal of her majesty in ecclesiastical and maritime causes, it shall be lawful for the said judicial committee or their surrogates to pronounce such person to be contumacious and in contempt, and, after he or she shall have been so pronounced contumacious and in contempt, to cause process of sequestration to issue under the said seal of her majesty against the real and personal estate, goods, chattels, and effects, whereso- ever lying within the dominions of her majesty, of the person against or upon whom such order or decree shall have been made, in order to enforce obedience to the same and payment of the expenses attending such sequestration, and all pro- ceedings consequent thereon, and to make such further order in respect of or consequent on such sequestration, and in respect to such real and personal estates, goods, chattels, and effects sequestrated thereby, as may be necessary, or for pay- ment of monies arising from the same to the person to whom the same may be due, or into the registry of the high court of Admiralty and Appeals, for the benefit of those who may be ultimately entitled thereto. " XIII. And be it enacted, that this act may be repealed or amended during this session of parliament." CLXV. Stat. 7 & 8 Victoria, cap. lxxvi. A.D. 1844. "An Act for enabling the Mayor, Aldermen, and Burgesses of the City of Coventry . . . . to establish a Cemetery for the Dead near the said City." CLXVI. Stat. 7 & 8 Victoria, c. 81. [Ireland.] A.D. 1844. "An Act for Marriages in Ireland; and for registering such Marriages." " Whereas it is expedient to amend the law of marriages in Ireland, and to pro- vide the means for a register of the marriages of her majesty's subjects in that part of the United Kingdom : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that after the thirty-first day of March in the year one thousand eight hundred and forty- five, all the rules prescribed by the rubric concerning the solemnizing of marriages shall continue to be duly observed, except as hereinafter provided, by every person in holy orders of the united church of England and Ireland who shall solemnize any marriage in Ireland : provided always, that the giving of notice to the registrar and the issue of the registrar's certificate for marriage without licence, as herein- after mentioned, may be used and shall stand instead of the publication of banns (1), (1) Publication of banns: — In the case of Smith, (1 Irish Circ. Rep. 287,) who was indicted for bigamy, it appeared, that the prisoner was a protestant of the established church, and that in the year 1831, he was married to Margaret Smith, who was a presbyterian. This marriage was celebrated by a presbyterian minister, according to the rites of the presbyterian church. The pri- soner and Margaret Smith, from time to time, lived together as man and wife. In 1839, the prisoner was married in St. Anne's Church, Dublin, by the parish minister, to Jane Gordon. The second marriage was proved by the head clerk of St. Anne's church, who said, that he saw a person of the name of Jane Gordon married to the prisoner on a particular day: he then produced a book purporting to be the registry book of the parish, and containing an entry of the mar- riage, with the signature of J. Gordon. The curate of the parish was also produced — he STATUTA VICTORIA. A.D. 1837—1844. 2243 to all intents and purposes, where no such publication shall have been made ; and every person in holy orders of the united church of England and Ireland shall be bound to solemnize marriage on production of such certificate, in like manner as he is required to do by any law or canon now in force, after due publication of banns, so nevertheless that the church wherein any marriage according to the rites of the united church of England and Ireland shall so be solemnized, shall be within the district of the registrar by whom such certificate as aforesaid shall have been issued. " II. And be it enacted, that nothing in this act contained shall affect the right of the Archbishop of Armagh and his successors, and his and their proper officers, to grant special licences to marry at any convenient time or place, or, except as hereinafter provided, the right of any surrogate or other person now having autho- rity to grant licences for marriage ; provided that no surrogate or other person now having authority to grant licences for marriages shall grant any licence for mar- riage, not being a special licence, until seven days after notice shall have been given by one of the parties who shall have resided for not less than seven days then next preceding in the parish named in that notice, under his or her hand, in the form of schedule (A) to this act annexed, or to the like effect, to such surrogate or other person having authority to grant licences as aforesaid, which notices he shall file and keep with the records of his office, and he shall also forthwith enter a true copy of such notices fairly in a book to be for that purpose furnished to him by the registrar-general hereinafter mentioned, to be called 'The Marriage Notice Book,' which book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same ; and such surrogate or other person shall forthwith send a copy of such notice to the incumbent or incumbents of the parish or parishes in which the parties intending marriage dwell ; and for entering every such notice the surrogate or other person shall be entitled to have a fee of one shilling, over and above the accustomed fee for granting the licence : and after the said thirty- first day of March, no person applying for any such licence shall be required to give any security by bond or otherwise before the grant of such licence ; and when- ever a marriage shall not be had within three calendar months after the notice shall have been so given to the surrogate or other person as aforesaid, the notice, and any licence which may have been granted thereupon, shall be utterly void. " III. And be it enacted, that nothing in this act contained shall affect any marriages by any Roman catholic priest which may now be lawfully celebrated, nor extend to the registration of any Roman catholic chapel, but such marriages may continue to be celebrated in the same manner and subject to the same limita- tions and restrictions as if this act had not been passed. "IV. And be it enacted, that marriages between parties, both of whom are presbyterians, may be solemnized according to the forms used by presbyterians, either by the licence of a presbyterian minister, or by publication of banns, as hereinafter respectively mentioned, in meeting houses to be certified as hereinafter mentioned, between the hours of eight in the morning and two in the afternoon, with open doors, and in the presence of two or more credible witnesses ; and mar- riages between parties, of whom one only is a presbyterian, may be solemnized according to the same forms, by such licence of a presbyterian minister, in such proved, that he celebrated the marriage be- tween the prisoner and a person who called herself Jane Gordon. The indictment al- leged the second marriage to have been with Jane Gordon. She was not called as a wit- ness, nor her absence accounted for, nor any proof given of her handwriting. The counsel, for the prisoner, objected that this proof was not sufficient, as there was an averment of a marriage with Jane Gordon, and the only proof to support it was, that the prisoner was married to a person who called herself Jane Gordon, and cited Brake's vase, Rose. Crim. Ev. 277; 1 Lewin C. C. 25. The counsel, for the crown, proved that the prisoner was married to a person of the name of Jane Gordon ; which they contended, was prima facie evidence of the identity. Rex v. Edwards, R. & R. 282. Mr. Justice Crampton observed: " I do not think the authority cited for the prisoner is applicable to this country. The reason on which the distinction is grounded is, that if banns have not been published in Eng- land the marriage is invalid, whereas, in this country, the marriage is valid, although no banns have been published, if celebrated by a clergyman. I shall therefore overrule the objection." Vide ante 1221). 7 I) 2 Stat. 7 & 8 Vict. c. 81. [Ik.] Marriages shall be solemnized on production of registrar's certificate. Nothing herein to affect the right of granting spe- cial licences. Notice to be given to surro- gate before licence. Entry of notices. Fee for entry. No security required be- fore granting licence. Notice void after three months. Roman catho- lic marriages not affected. Marriages be- tween parties, one or both of whom are presbyterians, may be so- lemnized in certified meet- ing houses. 2244 STATUTA VICTORLE. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 81. [I*.] Banns to be published in cases where both of the parties to be married are members of presbyterian congregations. Notice of the names, places of abode, and time of resi- dence of the parties, to be given to the minister six days before publication of banns. Each presby- tery to appoint ministers to certify meet- ing houses. Registry thereof. Such ministers to grant li- cences for mar- riages to be solemnized in meeting houses, between the same hours, with open doors, and in the presence of two or more credible witnesses ; provided that in either case there be no lawful impediment to the marriage of such parties. " V. And be it enacted, that after the said thirty-first day of March, in every 3ase in which a marriage shall be proposed to be solemnized by a presbyterian minister between two presbyterians, otherwise than by licence, banns of matri- mony shall be published by or in the presence of a presbyterian minister in the presbyterian meeting house, certified as hereinafter is mentioned, frequented by the congregation of which the parties to be married shall be members, upon three Sundays preceding the solemnization of the marriage, during the time of divine service, and any such marriage by a presbyterian minister shall be solemnized in such meeting house, and not elsewhere ; and whenever it shall happen that the parties to be married by a presbyterian minister shall be members of different con- gregations, the banns shall in like manner be published in the certified presbyterian meeting house frequented by the congregation of which each of the parties to be married shall be a member ; and in every such last-mentioned case of publication of banns, the presbyterian minister by or in whose presence such banns shall be published shall, in writing under his hand, certify the publication thereof ; and any such marriage by a presbyterian minister shall be solemnized in one of the certified presbyterian meeting houses where such banns shall have been published, and in no other place whatsoever ; and before such marriage shall be solemnized the certificate of the presbyterian minister by whom or in whose presence the banns shall have been published in the other certified meeting house shall be deli- vered to the presbyterian minister solemnizing such marriage. " VI. And be it enacted, that no presbyterian minister shall publish or allow to be published any banns of matrimony in any presbyterian meeting house of which he is minister, unless the persons to be married shall, six days at the least before the time required for the first publication of such banns, deliver or cause to be delivered to such presbyterian minister a notice in writing of their true Chris- tian and surnames, and of the congregation or congregations of which they shall respectively be members, and of the house or houses of their respective abodes, and of the time during which they have dwelt, inhabited, or lodged in such house or houses respectively. "VII. And be it enacted, that each presbytery of presbyterians in Ireland may from time to time, subject to the approbation of the lord lieutenant, appoint one or more ministers, who shall certify to the registrar hereinafter mentioned that the meeting house to be described in every such certificate is within such presbytery, and is used as a place of public religious worship by presbyterians in connexion with such presbytery ; and such minister shall deliver to the registrar such certifi- cate, signed in duplicate by him ; and the registrar shall send both certificates to the registrar-general, who shall cause such meeting house to be registered accord- ingly in a book to be kept for that purpose at the general register office hereinafter mentioned; and the registrar-general shall cause to be endorsed on both certificates the date of the registry, and shall keep one certificate with the other records of the general register office, and shall return the other certificate to the registrar, who shall keep the same with the other records of his office ; and the registrar shall enter the date of the registry of such meeting house in a book to be furnished to him for that purpose by the registrar-general, and shall give a certificate of such registry, under his hand, on parchment or vellum, to the minister by wThom the certificates shall have been signed, and shall give public notice of the registry thereof by advertisement in some newspaper circulating within the county, and in the Dublin Gazette ; and for every such entry, certificate, and publication the registrar shall receive at the time of delivery to him of the certificates the sum of one pound ; and every such minister shall continue to exercise the powTers given to him by this act during the pleasure of the lord lieutenant. " VIII. And be it enacted, that every such minister so appointed and approved ;, 3 a foresaid shall have authority to grant licences for marriage in any presbyterian meeting house, certified as aforesaid within bis presbytery, in the form of schedule (C) to this act annexed, and for every such licence shall be entitled to have of the STATUTA VICTORI/E. A.D. 1837—1344. 2245 party requiring the same the sum of five shillings ; and in any case in which such minister shall refuse to grant such licence, the person applying for the same shall be entitled to appeal to the presbytery by which such minister shall have been appointed, which shall thereupon either confirm the refusal or direct the grant of the licence ; and every such presbyterian minister shall four times in every year, on such days as shall be appointed by the registrar-general, make a return to the registrar-general of every licence granted by him since his last return, and of the particulars stated concerning the parties : provided always, that no such minister shall grant any such licence until he shall have given security by his bond in the sum of one hundred pounds to the registrar-general for the due and faithful execu- tion of his office. " IX. And be it enacted, that before any licence for marriage as last aforesaid shall be granted by any such presbyterian minister, one of the parties intending marriage shall appear personally before such minister, and such party shall make and subscribe an oath, or a solemn affirmation or declaration instead of taking an oath, which oath, affirmation, or declaration such minister is hereby authorized to administer, that he or she believeth that there is not any impediment of kindred or alliance, or other lawful hindrance to the said marriage, and that one of the said parties hath for the space of fifteen days immediately before the day of the grant of such licence had his or her usual place of abode within the presbytery within which the marriage is to be solemnized, and that they are both of the full age of twenty-one years, or, when either of the parties shall be under the age of twenty- one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be. "X. And be it enacted, that the party so appearing personally before the minister authorized to grant licences as aforesaid shall, seven days before the licence shall be delivered to him, produce to such minister a certificate according to the form in schedule (D) to this act annexed, or to the like effect, from the minister of the congregation of which he or she shall be a member, and has been a member for at least one calendar month preceding, which certificate the minister authorized to grant licences as aforesaid shall carefully file and preserve in such place and manner as the presbytery shall direct, and shall also forthwith enter a true copy of all such certificates fairly into a book to be for that purpose furnished to him by the registrar-general, to be called 1 The Marriage Notice Book,' which book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same ; and for entering every such notice the minister shall be entitled to a fee of one shilling. " XI. And be it enacted, that any person may enter a caveat with the minister so appointed and approved against the grant of a licence for the marriage of any person named therein ; and if any caveat be entered with such minister, such caveat being duly signed by or on behalf of the person who enters the same, toge- ther with his or her place of residence, and the ground of objection on which his or her caveat is founded, no licence shall issue or be granted until the minister shall have examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the licence for the said marriage, or until the caveat be withdrawn by the party who entered the same ; and in cases of doubt it shall be lawful for such minister to refer the matter of any such caveat to the presbytery by which he shall have been appointed, which shall decide upon the same. " XII. And be it enacted, that the society of friends commonly called quakers, and also persons professing the Jewish religion, may continue to contract and solemnize marriage according to the usages of the said society and of the said per- sons respectively ; and every such marriage shall be deemed good in law, provided that the parties to such marriage be both of the said society, or both persons pro- fessing the Jewish religion respectively ; provided also, that notice to the registrar shall have been given, and the registrar's certificate shall have issued in manner hereinafter provided. Stat. 7 & 8 Vict. c. 81. [IR.] presbyterian meeting houses. Minister to give security. Before licence granted, one of the parties to appear before the minister, and to take a certain oath, &c. Person apply- ing for a li- cence to pro- duce from the minister of the congregation of which such person shall be a member a certificate in a given form. Caveat may be lodged with the minister against grant of licence. Marriages of quakers and Jews. 2246 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 81. [I*.] Notice of intended mar- riage to be given to the registrar of the district. Proviso. Registrar to keep notices in a book. Notices to be published. After seven days, or twenty-one days, certificate of notice to be given, upon demand. " XIII. And be it enacted, that in every case of marriage intended to be solem- nized in Ireland after the said thirty-first day of March, according to the rites of the united church of England and Ireland, (unless by licence or by special licence, or after publication of banns,) and in every case of marriage intended to be solemnized in Ireland after the said thirty-first day of March according to the usages of the quakers or Jews, or according to any form authorized by this act, one of the parties shall give notice under his or her hand, in the form of schedule (A) to this act annexed, or to the like effect, to the registrar, appointed as hereinafter is mentioned, of the district within which the parties shall have dwelt for not less than seven days then next preceding, or if the parties dwell in the districts of different regis- trars shall give the like notice to the registrar of each district, and shall state therein the name and surname and the profession or condition of each of the parties intending marriage, the dwelling place of each of them, and the time not being less than seven days during which each has dwelt therein, and the church or other building in which the marriage is to be solemnized, which must be within the dis- trict within which one of the parties shall have dwelt for the time last aforesaid ; but if either party shall have dwelt in the place stated in the notice during more than one calendar month it may be stated therein that he or she hath dwelt there one month and upwards ; provided always, that no such notice shall be required for any marriage by a Roman catholic priest which may now lawfully be cele- brated, or when the marriage is intended to be solemnized by a presbyterian minister between two persons, both or one of whom shall be presbyterians, in a presbyterian meeting house certified as aforesaid. " XIV. And be it enacted, that the registrar shall file all such notices, and keep them with the records of his office, and shall also forthwith enter a true copy of all such notices fairly into a book, to be for that purpose furnished to him by the registrar-general, to be called ' The Marriage Notice Book ;' the cost of providing which shall be defrayed in like manner as the cost of providing the register book hereinafter mentioned ; and the marriage notice book shall be open at all reason- able times, without fee, to all persons desirous of inspecting the same ; and for every such entry the registrar shall be entitled to have a fee of one shilling. " XV. And be it enacted, that on the day previous to each weekly meeting of the guardians of any poor law union, or of any parish or place comprising the dis- trict for which such registrar shall act, the registrar shall transmit to the clerk to the guardians all such notices of intended marriage as he shall have received on or since the day previous to the weekly meeting immediately preceding the same ; and such clerk shall read such notices immediately after the minutes of the pro- ceedings of such guardians at their last meeting shall have been read ; and such notices shall be so read three several times in three successive weeks at the weekly meetings of such guardians, unless in any case licence for marriage shall be sooner granted, and notice of such licence being granted shall have been given to such clerk ; provided also, that if it shall happen that the board of guardians of any such union, parish, or place shall not so meet, it shall be sufficient for the purposes of this act that such notices shall be read at every meeting of such guardians which shall be held within twenty-one days from the day of such notice being entered ; and, if no meeting be held within twenty-one days from the day of such notice being entered, the entry of such notice shall be sufficient for the purposes aforesaid. "XVI. And be it enacted, that after the expiration of seven days if the marriage is to be solemnized by licence, or of twenty-one days if the marriage is to be solemnized without licence after the day of the entry of such notice, the registrar, upon being requested so to do by or on behalf of the party by whom the notice was given, shall issue under his hand a certificate in the form of sche- dule (B) to this act annexed, provided that no lawful impediment be shown to the satisfaction of the registrar why such certificate should not issue, and provided that the issue of such certificate shall not have been sooner forbidden in manner herein- after mentioned by any person or persons authorized in that behalf as hereinafter is provided : and every such certificate shall state the particulars set forth in the STATUTA VICTORLE. A.D. 1837-1844. 2247 notice, the day on which the notice was entered, and that the full period of seven days or of twenty-one days (as the case may be) has elapsed since the day of the entry of such notice, and that the issue of such certificate has not been forbidden by any person or persons authorized in that behalf ; and for every such certificate the registrar shall be entitled to have a fee of one shilling. " XVII. And be it enacted, that the registrar-general shall furnish to every registrar a sufficient number of forms of certificates, the cost of which shall be accounted for by the registrar to the registrar-general ; and in order to distinguish the certificates to be issued for marriages by licence from the certificates to be issued for marriages without licence, a water-mark in the form of the word ' licence,' in roman letters, shall be laid and manufactured in the substance of the paper on which the certificates to be issued for marriage by licence shall be written or printed ; and every certificate to be issued for marriage by licence shall be printed with red ink, and every certificate to be issued for marriage without licence shall be printed with black ink, and such other distinctive marks between the two kinds of certificate shall be used from time to time as shall seem fit to the registrar- general. "XVIII. And be it enacted, that any person authorized in that behalf may forbid the issue of the registrar's certificate by writing at any time before the issue of such certificate the word 'forbidden' opposite to the entry of the notice of such intended marriage in the marriage notice book, and by subscribing thereto his oi- lier name and place of abode, and his or her character, in respect of either of the parties, by reason of which he or she is so authorized ; and in case the issue of any such certificate shall have been so forbidden the notice and all proceedings there- upon shall be utterly void. " XIX. And be it enacted, that after the said thirty-first day of March no mar- riage shall be solemnized in Ireland by licence either of a surrogate or deputy sur- rogate, or of a presbyterian minister or a registrar, as herein provided, where either of the parties, not being a widower or widow, shall be under the age of twenty-one years, unless the consent of the father of such of the parties so under age (if then living) be first had and obtained, or if dead of the guardian or guardians of the person of the party so under age lawfully appointed, or one of them, and in case there shall be no such guardian or guardians, then of the mother of such party, if unmarried, and if there shall be no mother unmarried, then of the guardian or guardians appointed by the court of Chancery, if any, or one of them ; and every person Avhose consent to a marriage by licence is required as aforesaid shall be authorized to enter a caveat against the issue of licence by any person empowered by this act to grant licences, and shall be also authorized to forbid the publication of banns in any church or chapel, or certified presbyterian meeting house, and to forbid the issue of the registrar's certificate. " XX. Provided always, and be it enacted, that if the father or fathers of the parties to be married, or one of them, so under age as aforesaid, shall be non com- pos mentis, or the guardian or guardians, mother or mothers, or any of them, whose consent is made necessary as aforesaid to the marriage of such party or parties, shall be non compos mentis, or in parts beyond the seas, or shall unreason- ably or from undue motives refuse or withhold his, her, or their consent to a proper marriage, then it shall be lawful for any person desirous of marrying in any of the before-mentioned cases to apply by petition to the lord chancellor or the lords commissioners of the great seal of Ireland for the time being, or master of the rolls, who shall be empowered to proceed upon such petition in a summary way ; and in case the marriage proposed shall upon examination appear to be proper, the said lord chancellor, lords commissioners of the great seal for the time being, or master of the rolls, shall judicially declare the same to be so; and such judicial declaration shall be deemed and taken to be as good and effectual to all intents and purposes as if the father, guardian or guardians, or mother, of the person so petitioning, had consented to such marriage. "XXI. And be it enacted, that after the said thirty-first day of March every registrar shall have authority to grant licences for marriage in any building regis- Stat. 7 & 8 Vict. c. 81. [In.] Forms of cer- tificates to be furnished. Certificates for marriage by licence to be distinguishable from other certificates. Issue of regis- trar's certifi- cate may be forbidden. Who are to give consent if parties are under age. Who to give consent in case of inca- pacity of parents and guardians. Registrar may grant licences for marriage. 2248 STATU T A VICTORIA. A.D. 1837—1844. Stat. 7 & * Vict. c. 81. [Ir.] Registrar to give security. Proviso. Certificate to be given before the licence is granted. Caveat may be lodged with registrar against grant of licence or certificate. Marriages not to be solem- nized until after twenty- one days after entry of no- tice, unless by licence. New notice required after three months. tered as hereinafter provided within his district, or in his office, in the form of schedule (E) to this act annexed, and for every such licence shall be entitled to have of the party requiring the same the sum of five shillings ; and every registrar shall four times in every year, on such days as shall be appointed by the registrar- general, make a return to the registrar-general of every licence granted by him since his last return, and of the particulars stated concerning the parties ; provided always, that no registrar shall grant any such licence until he shall have given security by his bond in the sum of one hundred pounds to the registrar-general for the due and faithful execution of his office ; provided also, that nothing herein con- tained shall authorize any registrar to grant any licence for marriage in any church or chapel in which marriages may be solemnized according to the rites of the united church of England and Ireland, or in any church or chapel belonging to the said united church, or licensed for the celebration of divine worship according to the rites and ceremonies of the said united church, or any licence for a marriage between two persons, both or one of whom shall be presbyterians, in a presbyterian meeting house certified as aforesaid. "XXII. And be it enacted, that before any licence for marriage shall be granted by any such registrar one of the parties intending marriage shall appear personally before such registrar, and, in case the notice of such intended marriage shall not have been given exclusively to such registrar, shall deliver to him the certificate of the other registrar to whom such notice shall have been given, and such party shall make oath, or shall make his or her solemn affirmation or declara- tion instead of taking an oath, that he or she believeth that there is not any impe- diment of kindred or alliance or other lawful hindrance to the said marriage, and that one of the said parties hath for the space of fifteen days immediately before the day of the grant of such licence had his or her usual place of abode within the district within which such marriage is to be solemnized, and that they are both of the full age of twenty-one years, or, where either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be. " XXIII. And be it enacted, that any person, upon the payment of the sum of five shillings, may enter a caveat with the registrar against the grant of a certifi- cate or a licence for the marriage of any person named therein ; and if any caveat be entered with the registrar, such caveat being duly signed by or on behalf of the person who enters the same, together with his or her place of residence, and the ground of objection on which his or her caveat is founded, no certificate or licence shall issue or be granted until the registrar shall have examined into the matter of the caveat, and is satisfied that it ought not to obstruct the grant of the certificate or licence for the said marriage, or until the caveat be withdrawn by the party who entered the same ; provided that in cases of doubt it shall be lawful for the registrar to refer the matter of any such caveat to the registrar-general, who shall decide upon the same ; provided likewise, that in case of the registrar refusing the grant of the certificate or licence the person applying for the same shall have a right to appeal to the registrar-general, who shall thereupon either confirm the refusal or direct the grant of the certificate or licence. " XXIV. And be it enacted, that after the said thirty-first day of March no marriage after such notice as aforesaid, unless by virtue of a licence to be granted by the registrar, shall be solemnized or registered in Ireland until after the expira- tion of twenty-one days after the day of the entry of such notice as aforesaid : and no marriage shall be solemnized by the licence of any registrar or registered until after the expiration of seven days after the day of the entry of such notice as aforesaid. " XXV. And be it enacted, that whenever a marriage shall not be had within three calendar months after the day on which the notice shall have been so entered by the registrar, the notice and certificate, and any licence which may have been granted thereupon, and all other proceedings thereupon, shall be utterly void ; and no person shall proceed to solemnize the marriage, nor shall any registrar register STATUTA VICTORLE. A.D. 1837-1344. 2249 the same, until new notice shall have been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid. "XXVI. And be it enacted, that the registrar's certificate, or, in case the parties shall have given notice to the registrars of different districts, the certificate of each registrar, shall be delivered to the officiating minister, if the marriage shall be solemnized according to the rites of the united church of England and Ireland, or to the registering officer of the people called quakers for the place where the marriage is solemnized, if the same shall be solemnized according to the usages of the said people, or to the officer of a synagogue by whom the marriage is regis- tered, if the same shall be solemnized according to the usages of persons pro- fessing the Jewish religion, and in all other cases shall be delivered to the registrar present at the marriage, as hereinafter provided, and shall be by him kept with the records of his office. " XXVII. And be it enacted, that any proprietor or trustee of a separate building, being a place of religious worship, may apply to the registrar of the district, in order that such building may be registered for solemnizing marriages therein, and in such case shall deliver to the registrar a certificate, signed in duplicate by ten householders at the least, that such building has been used by them during one year at the least as their usual place of public religious wor- ship, and that they are desirous that such place should be registered as aforesaid, each of which certificates shall be countersigned by the proprietor or trustee by whom the same shall be delivered ; and the registrar shall send both certificates to the registrar-general, who shall cause such building to be registered accord- ingly in a book to be kept for that purpose at the general register office; and the registrar-general shall cause to be endorsed on both certificates the date of the registry, and shall keep one certificate with the other records of the general register office, and shall return the other certificate to the registrar, who shall keep the same with the other records of his office ; and the registrar shall enter the date of the registry of such building in a book to be furnished to him for that purpose by the registrar-general, and shall give a certificate of such registry under his hand, on parchment or vellum, to the proprietor or trustee by whom the certificates are countersigned, and shall give public notice of the registry thereof by advertisement in some newspaper circulating within the county, and in the Dublin Gazette; and for every such entry, certificate, and publication, the registrar shall receive at the time of the delivery to him of the certificates the sum of one pound. " XXVIII. And be it enacted, that if at any time subsequent to the registry of any such building for solemnizing marriages therein it shall be made to appear to the satisfaction of the registrar-general that such building has been disused for the public religious worship of the congregation on whose behalf it was registered as aforesaid, the registrar-general shall cause the registry thereof to be cancelled ; provided that if it shall be proved to the satisfaction of the registrar-general that the same congregation use instead thereof some other such building for the purpose of public religious worship, the registrar-general may substitute and register such new place of worship instead of the disused building, although such new place of worship may not have been used for that purpose during one year then next preceding ; and every application for cancelling the registry of any such building, or for such substitution and registry of a substituted building, shall be made to the registrar-general by or through the registrar of the district ; and such cancelling or substitution, when made, shall be made known by the registrar-gene- ral to the registrar, who shall enter the fact and the date thereof in the book pro- vided for the registry of such buildings, and shall certify and publish such cancel- ling or substitution and registry in manner hereinbefore provided in the case of the original registry of the disused building; and for every such substitution the regis- trar shall receive from the party requiring the substitution the sum of one pound ; and after such cancelling or substitution shall have been made by the registrar- general, it shall not be lawful to solemnize any marriage in such disused building, unless the same shall be again registered in the manner hereinbefore provided. " XXIX. And be it enacted, that after the expiration of the *iid period of Stat. 7 & 8 Vict. c. 81. [>•] Registrar's certificate or licence to be delivered to the person by or before whom the marriage is solemnized. Places of wor- ship may be registered for solemnizing marriages therein. On removal of the same con- gregation, the new place of worship may be immediately registered in- stead of the one disused. Marriages DMj 2250 STAT UTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 81. [IR.] be solemnized in such regis- tered places in the presence of two witnesses. Marriages may be celebrated before the registrar at his office. Marriage fees to the registrar. Proof of resi- dence of par- ties, or of con- sent, &c. not necessary to establish the marriage. Bishops, with consent of patrons, may license chapels for the solem- nization of marriages in populous places. twenty-one days, or of seven days if the marriage is by licence, marriages may be solemnized in the registered building stated as aforesaid in the notice of such mar- riage, between and by the parties described in the notice and certificate, according to such form and ceremony as they may see fit to adopt ; provided nevertheless, that every such marriage shall be solemnized with open doors, between the hours of eight in the forenoon and two in the afternoon, in the presence of the registrar of the district in which such registered building is situate, and of two or more credible witnesses ; provided also, that in some part of the ceremony, and in the presence of such registrar and witnesses, each of the parties shall declare, 4 1 do solemnly declare, that I know not of any lawful impediment why I A. B. may not be joined in matrimony to CD.' And each of the parties shall say to the other, 4 1 call upon these persons here present to witness, that I A. B. do take thee C. D. to be my lawful wedded wife {or husband].' Provided also, that there be no lawful impediment to the marriage of such parties. " XXX. And be it enacted, that any persons who shall object to marry under the provisions of this act in any such registered building may, after due notice and certificate issued as aforesaid, contract and solemnize marriage on any day except Sunday at the office and in the presence of the registrar of the district, and in the presence of two witnesses, with open doors, and between the hours aforesaid, making the declaration and using the form of words hereinbefore provided in the case of marriage in any such registered building. " XXXI. And be it enacted, that the registrar shall be entitled, for every mar- riage which shall be solemnized under this act in his presence, to have from the parties married the sum of ten shillings if the marriage shall be by licence, and otherwise the sum of five shillings. " XXXII. And be it enacted, that after any marriage shall have been solem- nized it shall not be necessary in support of such marriage to give any proof of the actual dwelling of either of the parties previous to the marriage within the district or presbytery (as the case may be) wherein such marriage was solemnized for the time required by this act, or of the consent of any person whose consent thereunto is required by law ; and where a marriage shall have been solemnized in a certified pres- byterian meeting house, it shall not be necessary to prove that either of the parties was a presbyterian, or, if the marriage was by licence, that the certificate required to be delivered to the minister granting such licence had been so delivered, or, where the marriage was by banns, that a certificate of the publication of banns had been produced to the minister by whom the marriage was solemnized, in cases where such production is required by this act ; nor shall any evidence be given to prove the contrary of any of these several particulars in any suit touching the validity of such marriage, or in wThich such marriage shall be questioned. " XXXIII. And whereas it is expedient that provision should be made, under proper restrictions, for relieving the inhabitants of populous districts remote from the parish church, or from any chapel wherein marriages may be lawfully cele- brated according to the rites and ceremonies of the united church of England and Ireland, from the inconvenience to which they may be thereby subjected in the solemnization of their marriages ; be it therefore enacted, that, with the consent of the patron and incumbent respectively of the church of the parish or district in which may be situated any public chapel with or without a chapelry thereunto annexed, or any chapei duly licensed for the celebration of divine service according to the rites and ceremonies of the unit ed church of England and Ireland, or any chapel the minister whereof is duly licensed to officiate therein according to the rites and ceremonies of the united church of England and Ireland, or without such consent after two calendar months notice in writing given by the registrar of the diocese to such patron and incumbent respectively, the bishop of the diocese may, if he shall think it necessary for the due accommodation and convenience of the inhabitants, authorize by a licence under his hand and seal the publication of banns and solem- nization of marriages in any such chapel for persons residing within a district the limits whereof shall be specified in the bishop's licence, and under such provisions as to the said bishop may seem fit, and as may be specified in the said licence ; and STATUTA VICTORIA. A.D. 1837-1844. 2251 the said licence shall he construed to extend to and authorize marriages in such Stat. 7 & 8 chapels between parties, one or both of whom is or are resident within the said Vict, c. 81. district : provided always, that where the parties to any marriage intended to be R,j solemnized after publication of banns shall reside within different ecclesiastical districts, the banns for such marriage shall be published as well in the church or chapel wherein such marriage is intended to be solemnized as in the chapel licensed under the provisions of this act for the other district within which one of the parties is resident, and if there be no such chapel then in the church or chapel in which the banns of such last-mentioned party may be legally published : provided also, that it shall be lawful for any patron or incumbent who shall refuse or with- hold consent to the grant of any such licence to deliver to the bishop, under his or her hand and seal, a statement of the reasons for which such consent shall have been so refused or withholden; and no such licence shall be granted by any bishop until he shall have inquired into the matter of such reasons ; and every instrument of consent of the patron and incumbent, or, if such consent be refused or withholden, a copy of the notice under the hand of the registrar, and every statement of reasons alleged as aforesaid by the patron or incumbent, with the bishop's adjudication thereupon under his hand and seal, shall be registered in the registry of the diocese ; and thenceforth and until the said licence be revoked marriages solemnized in such chapel shall be as valid to all intents and purposes as if the same had been solemnized in the parish church, or in any chapel where marriages might heretofore have been legally solemnized. "XXXIV, And be it enacted, that all fees, dues, and other emoluments on Appropriation account of the solemnization of marriages, which belong to the incumbent or of fees on clerk respectively of any church or chapel in any parish or district within which marnages Per^ the solemnization of marriages shall be authorized as aforesaid, shall respectively cnapeie be received, until the avoidance of such church or chapel next after the passing of this act, for or on account of such incumbent, and until the vacancy in the office of clerk next after the passing of this act for and on account of such clerk, and be paid over to them, except such portion of the fees, dues, or other emo- luments as the said bishop of the diocese, with the consent of the said incumbent and clerk respectively, shall in such aforesaid licence assign to the minister and clerk respectively of the chapel in which the solemnization of marriages shall be autho- rized as aforesaid ; and that it shall be lawful for the said bishop, in and by such licence, without any such consent, to declare that from and after such next avoid- ance or vacancy respectively the whole or such part of the fees, dues, and other emoluments on account of the solemnization of marriages in such last-mentioned chapel, as shall be specified in such licence, shall be receivable and the same shall thenceforth be received by or for the minister and clerk of such chapel respectively. " XXXV. And be it enacted, that when the said bishop shall authorize the Patron or solemnization of marriages in any such chapel as aforesaid, without the consent incumbent of the patron and incumbent respectively, it shall be lawful for them or either ™ay ap^.al to of them to appeal within one calendar month to the archbishop of the province, against such°P who shall hear the same in a summary manner, and shall make such order, con- licences, firming, revoking, or varying the licence so given, as to him shall seem meet and expedient, which order shall be registered in the registry of the diocese, and shall be conclusive and binding on all parties whatsoever. "XXXVI. And be it enacted, that there shall be placed in some conspicuous Notice of such part in the interior of every chapel in respect of which such licence shall be given licences to be as aforesaid, a notice in the words following : < Banns may be published and mar- ^eL"* riages may be solemnized in this chapel.' C ape S* "XXXVII. And be it enacted, that all provisions which shall from time to faSSfa'S time be in force relative to marriages, and to providing, keeping, and transmitting chapels to be register books and copies of registers of marriages solemnized in any parish church, under the same shall extend to any chapel in which the solemnization of marriages shall be autho- regulations as thorized as aforesaid, in the same manner as if the same were a parish church ; and formedln pa- everything required by law to be done relating thereto by the rector, vicar, curate, rish churches" 2252 STATUTA VICTORLZE. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 81. [Ik.] Option to par- ties to be married at parish church. Bishop, with consent of archbishop, may revoke such licences ; in which case registers to be sent to the incumbent of the parish church. Registrars of dioceses to send to the register office yearly lists of licensed chapels within their districts. List of all chapels and buildings registered to be printed. Marriages under this act cognizable. Persons vexa- tiously enter- ing caveat liable to costs and damages. or churchwardens respectively of any parish church shall be done by the officiating minister, chapelwarden, or other person exercising analogous duties in such chapel respectively. " XXXVIII. Provided always, and be it enacted, that, notwithstanding any such licence as aforesaid to solemnize marriages in any such chapel, the parties may, if they think fit, have their marriage solemnized in the parish church, or in any chapel in which heretofore the marriage of such parties or either of them might have been legally solemnized. " XXXIX. And be it enacted, that any such licence or order may at any time be revoked by writing under the hand and seal of the bishop of the diocese, with the consent in writing of the archbishop of the province; and such revo- cation and consent shall be registered in the registry of the diocese, the registrar whereof shall notify the same in writing to the minister officiating in the chapel, and shall also give public notice thereof by advertisement in some newspaper cir- culating within the county, and in the Dublin Gazette, and thenceforth the autho- rity to solemnize marriages in such chapel shall cease. " XL. And be it enacted, that in case of the revocation of the licence to solem- nize marriages in any such chapel all registers of marriages solemnized therein under such licence which shall be in the custody or possession of the minister of such chapel at the time of such revocation shall forthwith be transmitted to the incumbent or officiating minister of the parish church, and shall thenceforth be preserved, and in all other respects dealt with in the same manner, and be of the same force and validity, to all intents and purposes, as if they had been originally made by and deposited with such incumbent or officiating minister ; and that such incumbent or minister shall, when he next transmits to the registrar copies of the registers of marriages solemnized in such parish church, also therewith transmit copies of all such entries as shall have been made in such first-mentioned registers subsequent to the date of the last entry a copy whereof was transmitted to the registrar, and shall also transmit to him one copy of every register book so trans- mitted to him of which no copy shall have been already transmitted to the registrar, having first signed his name at the foot of the last entry therein. " XLI. And be it enacted, that the registrar of every diocese shall, within fifteen days after the said thirty-first day of March, and also within fifteen days after the first day of January in every succeeding year, make out and send through the post office, directed to the registrar-general of marriages at his office, a list of all chapels belonging to the united church of England and Ireland within that diocese wherein marriages may lawfully he solemnized according to the rites and ceremonies of the united church of England and Ireland, and shall distinguish in such list which have a parish, chapelry, or other recognised ecclesiastical division annexed to them, and which are chapels licensed by the bishop under this act, and shall state therein the district for which each of such chapels is licensed according to the description thereof in the licence; and the registrar-general shall in every year cause to be made out and printed a list of all such chapels, and also of all places of public worship registered under the provisions of this act, and shall state in such list the county and registrar's district within which each chapel or registered build- ing is situated, and shall add also the names and places of abode of the registrars ; and a copy of such list shall be sent to every registrar. " XLII. And be it enacted, that every marriage solemnized under this act shall be good and cognizable in like manner as marriages before the passing of this act according to the rites of the united church of England and Ireland. " XLIII. And be it enacted, that every person who shall enter a caveat with the registrar against the grant of any licence or issue of any certificate on grounds which the registrar-general shall declare to be frivolous, and that they ought not to obstruct the grant of the licence, shall be liable for the costs of the proceedings, and for damages, to be recovered in a special action upon the case by either of the parties against whose marriage such caveat shall have been entered ; and a copy of the declaration of the registrar-general, purporting to be sealed with the seal of the general register office, and which seal it shall not be necessary to prove, shall be STATU T A VICTORIA. A.D. 1837—1844. 2253 evidence that the registrar-general has declared such caveat to be entered on frivo- lous grounds, and that they ought not to obstruct the grant of the licence. " XLIV. And be it enacted, that every person who shall knowingly and wilfully make any false declaration or sign any false notice or certificate required by this act, for the purpose of procuring any marriage, and every person who shall forbid the issue of any registrar's certificate, by falsely representing himself or herself to be a person whose consent to such marriage is required by this act, or by falsely representing himself to be acting on behalf of such person, knowing such represen- tation to be false, shall suffer the penalties of perjury. " XLV. And be it enacted, that every person who after the said thirty-first day of March shall knowingly and wilfully solemnize any marriage or pretended mar- riage in Ireland, unless by special licence of the Archbishop of Armagh and his successors, and his or their proper officers, in any other place than a church or chapel in which marriages may be solemnized according to the rites of the united church of England and Ireland, or a presbyterian meeting house certified as afore- said, or than the registered building or office specified in the notice and certificate as aforesaid, shall be guilty of felony, (except in the ease of a marriage by any Roman catholic priest which may now be lawfully celebrated, or a marriage between two of the society of friends commonly called quakers, according to the usages of the said society, or between two persons professing the Jewish religion, according to the usages of the Jews,) and every person who in any such registered building or office shall knowingly and wilfully solemnize any marriage or pre- tended marriage in the absence of the registrar shall be guilty of felony ; and every person who shall knowingly and wilfully solemnize any marriage or pretended marriage in Ireland after the said thirty -first day of March, (except by licence,) within twenty-one days after the day of the entry of the notice to the registrar as aforesaid, or if the marriage is by licence within seven days after the day of the entry required by this act made in any marriage notice book, or after three calendar months after the day of such entry, shall be guilty of felony. " XLVI. And be it enacted, that every person knowingly and wilfully solemniz- ing any marriage, unless after due publication of banns or licence, or the issue of the registrar's certificate, or who shall knowingly and wilfully grant any such licence o^ publish any such banns, after the issue of such licence or the publication of such banns shall have been lawfully forbidden by some person authorized as aforesaid, shall be guilty of felony. " XLVII. And be it enacted, that every registrar who shall knowingly and wilfully issue any certificate for marriage after the expiration of three calendar months after the day on which the notice shall have been entered by him as afore- said, or any certificate for marriage by licence before the expiration of seven days after the day of the entry of the notice, or any certificate for marriage without licence before the expiration of twenty-one days after the day of the entry of the notice, or any certificate the issue of which shall have been forbidden as aforesaid by any person authorized to forbid the issue of the registrar's certificate, or who shall knowingly and wilfully register any marriage herein declared to be null and void, and every registrar who shall knowingly and wilfully issue any licence for marriage after the expiration of three calendar months after the day on which the notice shall have been entered by the registrar as aforesaid, or who shal^ knowingly and wilfully solemnize or permit to be solemnized in his office any marriage herein declared to be null and void, shall be guilty of felony. " XLVIII. And be it enacted, that every prosecution under this act shall be commenced within the space of three years after the offence committed. " XLIX. And be it enacted, that, except in the case of marriages by Roman catholic priests which may now be lawfully celebrated, if any persons shall know- ingly and wilfully intermarry after the said thirty-first day of March, in any place other than the church or chapel or certified presbyterian meeting house in which banns of matrimony between the parties shall have been duly and lawfully pub- lished, or specified in the licence, where the marriage is by licence, or the church, ehapel, registered building or office, specified in the notice and registrar's certificate Stat. 7 & 8 Vict. c. 81. [IR.] Persons making false declarations, &c. guilty of perjury. Persons un- duly solem- nizing mar- riage guilty of felony. Solemnizing marriage without pub- lication of banns, &c. Registrars un- duly issuing certificates guilty of felony. Limitation of prosecution. Marriages void if unduly solemnized with the knowledge of both parties. 2254 STATUTA VICTORLE. A.D. 1837—1844. Stat. Vict. [Ir.] 7 & 8 c. 81. 9 Geo. 2, (Ir.) and 23 Geo. 2, (Ir.) repealed; but act not to affect existing enactments respecting de- graded clergy- In fraudulent marriages, the guilty party to forfeit all pro- perty accruing from the mar- riage, as in in 4 Geo. 4, c. 76. A general registry office to be provided in Dublin. Lord lieute- nant to ap- point officers, and fix the salaries of registrar- general and other officers. or licence as aforesaid, or without due notice to the registrar, or without certificate of notice duly issued, or without licence from the registrar, in case such notice or licence is necessary under this act, or in the absence of a registrar where the pre- sence . of a registrar is necessary under this act, or if any persons shall knowingly or wilfully, after the said thirty-first day of March, intermarry in any certified presbyterian meeting house without publication of banns, or any licence, the mar- riage of all such persons, except in any case hereinbefore excepted, shall be null and void. " L. And be it enacted, that after the said thirty-first day of March an act passed by the Irish parliament in the ninth year of the reign of King George the Second, intituled, 4 An Act for the more effectual preventing Clandestine Marriages,' and so much of an act passed in the twenty-third year of the same reign, for explaining and making more effectual the last-recited act, as relates to the last-recited act, shall be repealed ; but that nothing in this act shall extend to repeal any enactments now in force in Ireland for preventing the performance of the marriage ceremony by degraded clergymen. " LI. And be it enacted, that if any valid marriage shall be had under the pro- visions of this act by means of any wilfully false notice, certificate, or declara- tion (1) made by either party to such marriage, as to any matter to which a notice, certificate, or declaration is herein required, it shall be lawful for her majesty's attorney-general or solicitor-general for Ireland to sue in the court of Chancery or court of Exchequer in Ireland for a forfeiture of all estate and interest in any pro- perty accruing to the offending party by such marriage ; and the proceedings there- upon and consequences thereof shall be the same as are provided in the like case with regard to marriages solemnized in England by licence before the passing of this act according to the rites of the church of England. " LII. And be it enacted, that, in order to provide the means for a register of the marriages of her majesty's subjects in Ireland who shall be married under the provisions of this act, it shall be lawful for the lord lieutenant to provide a proper office in the city of Dublin, to be called ' The General Register Office,' for keeping a register of such marriages, and to appoint for the said office a registrar-general of marriages in Ireland, and from time to time at pleasure to remove the said registrar- general, and appoint some other person in his room. " LIII. And be it enacted, that the lord lieutenant, or the registrar-general, subject to the approval of the lord lieutenant, shall appoint from time to time such officers, clerks, and servants as he shall deem necessary to carry on the business of the general registry office, and at pleasure remove them or any of them ; and the lord high treasurer or commissioners of her majesty's Treasury, or any three of (1) Wilfully false . . . . declaration:— In Lane v. Goodwin, (4 Q. B, 361,) it was held, that a licence under which marriage has been solemnized, and in which one of the parties is described by a name wholly diffe- rent from his own, is not void by the mis- description; but it seems, that it would be void, if the name of one person had been inserted with a fraudulent intention that the licence should be used by another : — Lord Denrnan observing, "There is no authority for the general proposition that a marriage licence is made absolutely void by a mistake in the name of one party. The reason for which banns are held invalid on this account does not extend to licences. There might perhaps be reasons for making the rule as to banns extend to licences; mis- chiefs may result from fraud, as Mr. Greaves has ingeniously pointed out. But the pro- tection given by the one, is of a different kind from that afforded by the other. No fraud is suggested here: and, although Cope v. Burt, (1 Consist. 434; 1 Phill. 224,) does not entirely agree in circumstances with the present case, yet the language used by Lord Stowell in that case, in the Consistory court, shews the prevailing opinion in the ecclesi- astical courts as to the distinction between banns and licence : and my brother Patteson, on inquiry, finds the existence of that opinion confirmed." Mr. Justice Patteson: "I acted on the authority of Cope v. Burt, (Ibid.,) at the trial, though without having the case itself before me. I have inquired as to the opinion of the ecclesiastical courts on this subject (ante 1235), and find that Cope v. Burt, (1 Consist. 434,) and Cockburn v. Garnault, (cit. Ibid. 435,) have always been consider- ed decisive authorities there. The distinc- tion between banns and licences is clear : and, although perhaps, if a licence were obtained for one person with the intention that it should be used for another, such a licence might not be valid, that is not the case here ; and the objection cannot prevail." STATUTA VICTORIA. A.D. 1837-1844. 2255 them, shall fix the salary of the registrar-general, so that the same shall not at any time exceed the sum of eight hundred pounds yearly, and shall fix the salaries of the officers, clerks, and servants in fit proportion, according to the duties they may have to perform. " LIV. And be it enacted, that the salaries of the registrar-general and of the said officers, clerks, and servants, and all expenses of carrying on the business of the general registry office, not herein otherwise provided for, shall be paid by the said lord high treasurer, or commissioners of her majesty's Treasury, out of the consolidated fund of the United Kingdom of Great Britain and Ireland. " LV. And be it enacted, that the lord lieutenant, or the registrar-general, with his approbation, from time to time may make regulations for the management of the said register office, and for the duties of the registrar-general, clerks, officers, and servants of the said office, and of the registrars hereinafter mentioned, in the execution of this act, so that they be not contrary to the provisions herein con- tained ; and the regulations so made and approved shall be binding on the said registrar-general, clerks, officers, and servants, and on the registrars. " LVI. And be it enacted, that the registrar-general shall send once in every year to the lord lieutenant, who shall forthwith transmit the same to one of the principal secretaries of state, a general abstract of the number of marriages regis- tered during the foregoing year, in such form as the said secretary from time to time shall require ; and every such annual general abstract shall be laid before par- liament within one calendar month after receipt thereof, or, if parliament be not then sitting, within one calendar month after the next meeting of parliament. " LVII. And be it enacted, that the lord lieutenant shall, as soon as may be after the passing of this act, form all the parishes, townships, and places in Ireland into districts ; and the lord lieutenant shall appoint a sufficient number of fit per- sons to be registrars for such districts, and shall appoint the districts which each shall superintend ; and every such registrar shall hold his office during the pleasure of the registrar- general. "LVIII. And be it enacted, that a register office shall be provided and upheld in each district, according to a plan to be approved by the registrar-general, for preserving the registers to be deposited therein, as hereinafter provided ; and the care of the said office, and the custody of the registers deposited therein, shall be given to the registrar of the district. " LIX. And be it enacted, that the appointments of registrars, and the dupli- cates and certified copies of registers, hereinafter mentioned, shall be exempt from stamp duties. " LX. And be it enacted, that the registrar-general shall furnish to every registrar a sufficient number of strong iron boxes to hold the register books to be kept by every such registrar ; and every such box shall be furnished with a lock and key, which key shall be kept by the registrar ; and the register books of each district, while in the custody of the registrar, and not in use, shall be always kept in the register box, and the register box shall always be left locked. " LXI. And be it enacted, that in every case in which any registrar shall be removed from or cease to hold the said office, all register boxes, keys, books, docu- ments, and papers in his possession as such registrar shall be given as soon as con- veniently may be to his successor in office ; and if any person shall refuse to give up any such box, key, books, documents, or papers in such case as aforesaid, it shall be lawful for any justice of the peace for the county or other jurisdiction where such person shall be or reside, upon application made for that purpose, to issue a warrant under his hand and seal for bringing such person before any two justices of the peace for the said county or other jurisdiction; and upon such person appearing, or not being found, it shall be lawful for such justices to hear and determine the matter in a summary way ; and if it shall appear to the justices that any such box, key, books, documents, or papers are in the custody or power of any such person, and that he has refused or wilfully neglected to deliver the same, the said justices shall commit such offender to the common gaol or house of correction for the said county or jurisdiction, there to remain without bail until he Stat. 7 & 8 Vict. c. 81. [Ia.] Salaries to be paid out of the consolidated fund. Regulations for conduct of officers to be framed under direction of lord lieutenant. Annual ab- stract of registers to be laid before parliament. Registrars to be appointed for districts to be formed by lord lieutenant. A register office to be provided in each district. Appointments, &c. exempt from stamp duty. Register boxes to be provided. All books, &c. to be trans- ferred on removal of registrars. 2256 STATUTA VICT0RI7E. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 81. [I..] Register books to be provided. Registrars to furnish mar- riage register books and forms for certified copies. Marriage re- gisters to be kept in dupli- cate. Duplicates and shall have delivered up the same, or until satisfaction shall have been given in respect thereof to the person in whose custody the same ought to be ; and the said justices may grant a warrant to search for such box, key, books, documents, or papers, as in the case of stolen goods, in any dwelling house or other premises in which any credible witness shall prove upon oath before them that there is reasonable cause to suspect the same to be ; and the same when found shall be delivered to the person in whose custody they ought to be. " LXII. And be it enacted, that the registrar-general shall cause to be printed on account of the said register office a sufficient number of register books for making entries of all marriages of her majesty's subjects in Ireland who shall be married under the provisions of this act, according to the form of schedule (G) to this act annexed ; and the said register books shall be of durable materials, and in them shall be printed upon each side of every leaf the heads! of information herein required to be known and registered of marriages ; and every page of each of such books shall be numbered progressively from the beginning to the end, beginning with number one ; and every place of entry shall be also numbered progressively from the beginning to the end of the book, beginning with number one ; and every entry shall be divided from the following entry by a printed line. " LXIII. And be it enacted, that the registrar-general shall furnish to every registrar a sufficient number of marriage register books, and forms for certified copies thereof as hereinafter provided, and also, on being thereunto required, shall furnish, or cause to be furnished, to the rector, vicar, or curate of every church and chapel in Ireland wherein marriages may lawfully be solemnized, and also to the presbyterian minister of every certified presbyterian meeting house, and also to every person whom the recording clerk of the society of friends commonly called quakers, at their central office in Dublin, shall from time to time certify in writing under his hand to the registrar-general to be a registering officer in Ireland of the said society, and also to every person whom the president for the time being of the London committee of deputies of the British Jews shall from time to time certify in writing under his hand to the registrar-general to be the secretary of a syna- gogue in Ireland of persons professing the Jewish religion, a sufficient number in duplicate of marriage register books, and forms for certified copies thereof, as here- inafter provided ; and the cost of all such books and forms shall be paid by the high constable out of the county rates. " LXIV. And be it enacted, that every clergyman of the united church of England and Ireland, immediately after every office of matrimony solemnized by him, shall register in duplicate in two of the marriage register books the several particulars relating to that marriage according to the form of the said schedule (G); and every presbyterian minister of a certified presbyterian meeting house, and every such registering officer of the quakers, as soon as conveniently may be after the solemnization of any marriage between two quakers in the district for which he is registering officer, and every such secretary of a synagogue, immediately after every marriage solemnized between any two persons professing the Jewish religion, of whom the husband shall belong to the synagogue whereof he is secretary, shall register or cause to be registered in duplicate in two of the said marriage register books the several particulars relating to that marriage according to the form of the said schedule (G); and every such registering officer or secretary, whether he shall or shall not be present at such marriage, shall satisfy himself that the pro- ceedings in relation thereto have been conformable to the usages of the said society, or of the persons professing the Jewish religion, as the case may be; and every such entry as hereinbefore is mentioned, (whether made by such clergyman, or by such presbyterian minister, or by such registering officer or secretary respectively as aforesaid,) shall be signed by the clergyman, or by such presbyterian minister, or by the said registering officer or secretary, as the case may be, and by the parties married, and by two witnesses, and shall be made in order from the beginning to the end of each book, and the number of the place of entry in each duplicate mar- riage register book shall be the same. " LXV. And be it enacted, that the rector, vicar, or curate of every such church STATUTA VICTORIA. A.D. 1837—1844. 2257 and chapel, and every such presbyterian minister of a certified presbyterian meet- ing house, and every such registering officer and secretary, shall, in the months of April, July, October, and January respectively, make and deliver to the registrar of the district in which such church or chapel or certified presbyterian meeting house or registered place of worship may be situated, or which may be assigned by the registrar-general to such registering officer or secretary, on one of the forms to be furnished to him as aforesaid by the registrar-general, a true copy certified by him under his hand of all the entries of marriages in the register book kept by him since the last certificate, the first of such certificates to be given in the month of April, one thousand eight hundred and forty-five, and to contain all the entries made up to that time, and if there shall have been no marriage entered therein since the last certificate shall certify the fact under his hand, and shall keep the said marriage register books safely until the same shall be filled ; and one copy of every such register book, when filled, shall be delivered to the registrar of the district in which such church or chapel or certified presbyterian meeting house may be situ- ated, or which shall have been assigned as aforesaid to such registering officer or secretary, and the other copy of every such register book kept by any such rector, vicar, or curate, shall remain in the keeping of such rector, vicar or curate, and shall be kept by him with the registers of baptisms and burials of the parish or ehapelrv within which the marriages registered therein shall have been solemnized, and the other copy of every such register book kept by any such presbyterian minister shall remain under the care of such presbyterian minister, and be kept with the other registers and records of his meeting house, and the other copy of every such register book of marriages among the people called quakers and among persons professing the Jewish religion respectively, shall remain under the care of the said people or persons respectively, to be kept with their other registers and records, and shall, for the purposes of this act, be still deemed to be in the keeping of the registering officer or secretary for the time being respectively. " LXV1. And be it enacted, that the registrar shall forthwith register every marriage solemnized in manner aforesaid in his presence, either in a registered building or in his office, in a marriage register book to be furnished to him for that purpose from time to time by the registrar-general according to the form in sche- dule (G) ; and every entry of such marriage shall be signed by the registrar, and also by the parties married, and attested by two witnesses ; and every such entry shall be made in order from the beginning to the end of the book ; and the registrar shall keep the said marriage register books with the records of his office, and shall, in the months of April, July, October, and January respectively, make, on one of the forms to be furnished to him as aforesaid by the registrar-general, a true copy, certified by him as aforesaid, in the form of schedule (F) annexed to this act, of all the entries of marriages in the register book kept by him since the last certificate, the first of such certificates to be given in the month of July, one thousand eight hundred and forty-five, and to contain all the entries made up to that time, and if there shall have been no marriage entered therein since the last certificate shall cer- tify the fact under his hand. " LXVTI. And be it enacted, that every registrar shall four times in every year, on such days as shall be therefore named by the registrar-general, send to the registrar-general all the certified copies of the registers of marriages which he shall have so made or received ; and the registrar-general, if it shall appear, by inter- ruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, shall procure, as far as possi- ble, consistently with the provisions of this act, that the same may be remedied and supplied ; and the certified copies so sent to the general registry office shall be thereafter kept in the said office in such order and manner as the registrar-general, under the direction of the lord lieutenant, shall think fit, so that the same may be most readily seen and examined. " LXV1II. And be it enacted, that every rector, vicar, or curate, or presbyte- rian minister of a certified presbyterian meeting house, and every registrar, regis- tering officer, and secretary, who shall have the keeping for the time being of any 7 E Stat. 7 & 8 Vict. c. 81. [Ik.] certified copies of registers of marriages to be sent to re- gistrar. Registrar to legister all marriages solemnized before him in books to be sent by the registrar- general. Registrars to send certified copies of registers to the general register office. Searches may be made and certificate! 2258 STATUTA VICTORIA. A.D. 1837— 1844. Stat. 7 & 8 Vict. c. 81. [Ik.] given by the persons keep- ing the re- gisters. Fees. Indexes to be made at every registrar's office, and persons allowed to search them. Fees. Indexes to be kept at general register office, searches allowed, and certified copies given. Certified copies given at general registry office to be sealed. Clergymen, &c. may ask parties mar- ried the par- ticulars re- quired. Penalty for wilfully giving false informa- tion. Penalty for not duly re- gistering mar- riages, or for losing or in- juring the registers. Penalty for destroying or falsifying re- gister books. register book of marriages, wherein any marriage shall have been registered under this act, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy certified under his hand of any entry or entries in the -same, on payment of the fee hereinafter mentioned; (that is to say,) for every search extending over a period not more than one year the sum of one shilling, and sixpence additional for every additional year, and the sum of two shillings and six- pence for every single certificate. " LXIX. And be it enacted, that every registrar shall cause indexes of the register books in his office to be made, and kept with the other records of his office ; and that every person shall be entitled at all reasonable hours to search the said indexes, and to have a certified copy of any entry or entries in the said register books under the hand of the registrar, on payment of the fees hereinafter men- tioned ; (that is to say,) for every general search the sum of five shillings, and for every particular search the sum of one shilling, and for every certified copy the sum of two shillings and sixpence. " LXX. And be it enacted, that the registrar-general shall cause indexes of all the said certified copies of the registers to be made and kept in the general register office ; and that every person shall be entitled to search the said indexes between the hours of ten in the morning and four in the afternoon of every day, except Sundays, Christmas day, and Good Friday, and to have a certified copy of any entry in the said certified copies of the registers ; and for every general search of the said indexes shall be paid the sum of twenty shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence, and no more, shall be paid to the registrar-general, or such other officer as shall be appointed for that purpose, on his account. " LXXI. And be it enacted, that the registrar-general shall cause to be made a seal of the said register office, and the registrar-general shall cause to be sealed or stamped therewith all certified copies of entries given in the said office ; and all certified copies of entries purporting to be sealed or stamped with the seal of the said register office, and which seal it shall not be necessary to prove, shall be received as evidence of the marriage to which the same relates, without any further or other proof of such entry, and no certified copy purporting to be given in the said office shall be of any force or effect which is not sealed or stamped as aforesaid. "LXXII. And be it enacted, that it shall be lawful for every clergyman of the united church of England and Ireland who shall solemnize any marriage in Ireland, and for every presbyterian minister of a certified presbyterian meeting house, and for the registrar before whom any marriage is solemnized under this act, either in any registered building or in his office, and for every registering officer of the quakers, and every secretary of a synagogue, after the said thirty-first day of March, to ask of the parties to be married the several particulars herein required to be registered touching such marriage. " LXXIII. And be it enacted, that every person who shall wilfully make or cause to be made, for the purpose of being inserted in any register of marriage, any false statement touching any of the particulars herein required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury. " LXXIV. And be it enacted, that every person who shall refuse or without reasonable cause omit to register any marriage solemnized by him, or which he ought to register, and every person having the custody of any register book, or certified copy thereof, or of any part thereof, who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall forfeit a sum not exceeding fifty pounds for every such offence. " LXXV. And be it enacted, that every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any such register book, or any part or certified copy of any part thereof, or shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any such register book or certified copy thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof any false entry of any marriage, or shall wilfully give any STATU T A VICTORIA. A.D. 1837-1844. 2259 false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same register be false in any part thereof, of which a copy or extract shall be so given, or shall forge or counterfeit the seal of the register office, shall be guilty of felony. " LXXVI. Provided always, and be it enacted, that no person charged with the duty of registering any marriage, who shall discover any error to have been committed in the form or substance of any such entry, either by himself or any predecessor in his office, shall be therefore liable to any of the penalties aforesaid if within one calendar month next after the discovery of such error, in the presence of the parties married, or in case of the death or absence of such parties, then in the presence of the registrar and of two other credible witnesses who shall respectively attest the same, he shall correct the erroneous entry, according to the truth of the case, by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereunto the day of the month and year when such correction shall be made, and shall make the like marginal entry, attested in like manner, in the duplicate marriage register book to be made by him as aforesaid, and in every case shall make the like alteration in the certified copy of the register book to be made by him as aforesaid, or in case such certified copy shall have been already made he shall make and deliver in like manner a separate certified copy of the original erroneous entry, and of the marginal correction therein made. " LXXVII. And be it enacted, that all fines and forfeitures by this act imposed, unless otherwise directed, shall be recovered before any two justices of the peace for the county, city, or place where the offence shall have happened, upon the infor- mation or complaint of any person ; and if on the conviction of the offender, either on his or her confession, or by the oath of any one or more credible witness or witnesses, (which oath such justices are hereby empowered to administer,) such fines or forfeitures, with the costs of the conviction, shall not be forthwith paid, the same shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such justices ; and for want of distress such justices may commit every such offender to the common gaol or house of correction for the county, city, or place where the offence shall be committed, without bail or mainprize, for any term not exceeding one calendar month, unless such fine and forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid ; and one moiety of all such fines and forfeitures shall go to the person who shall inform and sue or prosecute for the same, and the other moiety shall go to the registrar-general, or to such other person as the commis- sioners of the Treasury shall appoint, for the use of her majesty ; and no distress made by virtue of this act shall be deemed unlawful, nor shall the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, or warrant of distress, or on account of any irregularity which shall be afterwards committed by the party distraining, but the person or persons aggrieved by such irregularity shall recover full satisfaction for the special damages sustained in an action on the case. " LXX VIII. And be it enacted, that the prosecution for every offence punish- able on summary conviction under this act shall be commenced within three calendar months next after the commission of the offence. " LXXIX. And be it enacted, that in all cases where the sum adjudged to be paid on any such summary conviction shall exceed five pounds, any person con- victed may appeal to the next court of general or quarter sessions which shall be holden not sooner than twelve days after the day of such conviction for the county or other district wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such 7 E 2 Stat. 7 & 8 Vict. c. 81. [I*.] Accidental errors may be corrected. Recovery of penalties. Limitation as to summary conviction.-. Appeal. 2260 STATUTA VICTORIA. A.D. 1837-1844. Stat. 7 & 8 Vict. c. 81. [I*.] No certiorari. Not to affect right of of- ficiating mi- nister to fees. Registrar- general to fur- nish notices to guardians of unions, &c. specifying acts required to be done by parties registering. Certain mar- riages cele- brated in Ire- land to be the same in law as if solemnized by clergymen of the esta- blished church. Extent of act. Act may be amended this costs as shall be by the court awarded ; and upon such notice being given, and such recognizances being entered into, the court at such sessions shall hear and deter- mine the matter of the appeal, and shall make such order therein, with or without costsj to either party, as to the court shall seem meet, and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. " LXXX. And be it enacted, that no such conviction or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of her majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same. " LXXXI. Provided always, and be it enacted, that nothing herein contained shall affect the right of any officiating minister to receive the fees now usually paid for the performance or registration of any marriage. "LXXXII. And be it enacted, that the said registrar-general shall, within three calendar months after his appointment to such office, furnish to the respec- tive guardians of every union, parish, or place printed notices, which the said guar- dians shall, as soon as conveniently may be after the receipt thereof, cause to be fixed or placed on the outside of the several church and chapel doors, or other public and conspicuous buildings or places within their respective unions, parishes, or places, and which said notices shall specify the several acts required to be done by persons who may be desirous of solemnizing marriage under the provisions of this act. " LXXXIII. And whereas marriages have in divers instances been had and celebrated in Ireland by presbyterian and other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, between persons of the same or different religious persuasions, and it is expedient to confirm such marriages ; be it therefore enacted, that all marriages had and celebrated in Ireland since the passing of an act passed in the last session of parliament, intituled, * An Act for Confirmation of certain Marriages in Ireland,' and before the passing of this act, by presbyterian or other protestant dissenting ministers or teachers, or those who at the time of such marriages had been such, shall be and shall be adjudged and taken to have been and to be of the same force and effect in law as if such marriages had been solemnized by clergymen of the united church of England and Ireland, and of no other force nor effect whatsoever. " LXXXIV. And be it enacted, that this act shall extend only to Ireland, and shall not extend to the marriage of any of the royal family. " LXXXV. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." "Schedules to which this Act refers. "Schedule (A). Notice of Marriage. "To A.B. [or C. Z>.] surrogate [or deputy surrogate], or "To the registrar of the district of [Roscrea] in the county of [Tip- .] has had his [or her] usual place of abode for the space of fifteen days last past within the bounds of the presbytery of , or [in cases where either party is under age, and not a widower or widow,'] that A . B. [or C. D.~] is under the age of twenty-one years, and that the consent of /. K., whose consent to his [or her] marriage is required by law, has been obtained thereto [or that there is no person having authority to give such consent, or where a party so under age is a widower or widow, that A. B. [or G. D.~] is under twenty-one years of age, but is a widower or widow, as the case may be~\ : now I do hereby grant unto the Reverend or other the minister officiating in the certified presbyterian meeting house of full licence, according to the authority in that behalf given to me by the said act, to proceed to solemnize such marriage; provided that the said marriage be publicly solemnized in the presence of two witnesses, within one calendar month from the date hereof, in the certified presbyterian meeting house of [here describe the meeting house in which the marriage is to be solemnized'], between the hours of eight in the forenoon and two in the afternoon. Given under my hand, this day of one thousand eight hundred and "(Signed) E.F. "Licenser of presbyterian marriages." "Schedule (D). Presbyterian Minister's Certificate. " I [John Mason], presbyterian minister of in the presbytery of do hereby certify, that on the day of notice was duly entered in a book kept for that purpose in my congregation of the marriage intended between the parties therein named and described, delivered under the hand of one of the parties, who is and has been for the last calendar month a member of my own congregation ; (that is to say,) Name. Condi- tion. Rank or Pro- fession. Age. Residence. Length of Resi- dence. Church or Building in which Marriage is to be performed. County and Parish in which the other Party dwells, or where the Parties dwell in different Parishes, Con- gregations, or Districts. John Brown Widower Mason Full Aqe or 21. County Down. Parish Comber Town Comber. Townland Comber. 2 Years 1st Pres- byterian Congregation of Kilrea, Church. County of Mary Mahon Spinster Milliner Full Age County Deny. Parish Kilrea. Town Kilrea. Comber. Derry. / STATUTA VICTORIA. A.D. 1837-1844. 2263 one thousand eight Stat. 7 & 8 Vict. c. 81. " Witness my hand, this day of hundred and " (Signed) [John Mason,'] " Minister of the congregation of " [The particulars in this schedule to be entered according to the fact.J" " Schedule (E). Licence of Marriaye. "A. B., registrar of ' to C. D. of and E. F. of sendeth greeting. " Whereas ye are minded, as it is said, to enter into a contract of marriage under the provisions of an act passed in the eighth year of the reign of Queen Victoria, intituled [here insert the title of this act], and are desirous that the same may be speedily and publicly solemnized : and whereas you C. D. [or E. F.] have made and subscribed a declaration under your hand that you believe there is no impediment of kindred or alliance or other lawful hindrance to the said marriage, and that you C. D. [or E. F.] have [or has] had your [or his or her] usual place of abode for the space of fifteen days last past within the district of ( ), and [in cases where either party is under age, and not a widower or widow,] that you C. D. [or E. F.] are [or is] under the age of twenty-one years, and that the consent of G. H., whose consent to your [or his or her] marriage is required by law, has been obtained thereto [or that there is no person having authority to give such consent], [or where a party so under age is a widower or widow, that you C. D. [or E. F.] are [or is] under twenty-one years of age, but are [or is] a widower or widow, as the case may be] : I do hereby grant unto you full licence, according to the authority in that behalf given to me by the said act, to proceed to solemnize such marriage; provided that the said marriage be publicly solemnized in the presence of two witnesses, within three calendar months from the [here insert the date of the entry in the notice book of the registrar], in the [here describe the building in which the marriage is to be solemnized], between the hours of eight in the fore- noon and two in the afternoon. Given under my hand, this day of one thousand eight hundred and / « (Signed) A. B. " Registrar." "Schedule (F). "1 [John Cox], registrar of the district of [Roscrea] in the county of [Tip- perary], do hereby certify, that this is a true copy of the entries of marriage registered in the said district from the entry of the marriage of [John Wood] and [Anne Simpson], number [one], to the entry of the marriage of [Lucius O'Hara] and [Margaret Shaw], number [fourteen]. Witness my hand, this [first day of July, 1845]- "(Signed) John Cox, "Registrar. "[The particulars in this schedule to be entered according to the fact.]" [Ir.] "Schedule (G). 184.5.— Marriages solemnized [at the parish church] in the [parish of Saint Aiideon] in the city of [Dublin]. No. When Married. Name and Surname. Age. Con- dition. Rank or Profession. Residence at the time of Marriage. Father's Name and Surname. Rank or Profession of Father. 1 27 March, 1845. Patrick Donovan. Mary O'Brien. or Full Age. Minor. Bachelor. Spinster. Carpenter. 3, South Street. 17, High Street. Peter Donovan. Laurence O'Brien. Upholsterer. Butcher. 2264 STATUTA VICTORIA. A.D. 1837—1344. Stat. 7 & 8 Vict. c. 81. [IE.] " Married in the [parish church], according to the rites and ceremonies of the [united church of England and Ireland, by licence], or [after banns], " By me, [ William Jackson, Vicar. ~\ "This marriage was solem-) Patrick Donovan, ( in the pre- \ Dennis Donovan. nized between us, f Mary O'Brien, \ sence of us, J Laurence O'Brien. "[The particulars in this schedule to be entered according to the fact.]" Stat. 7 & 8 Vict. c. 85. Remedy for recovery of tithe rent charged on railway land. CLXVII. Stat. 7 & 8 Victoria, c. 85. A.D. 1844. "An Act to attach certain Conditions to the Construction of future Railways autho- rized or to be authorized by any Act of the present or succeeding Sessions of Parliament, and for other Purposes in relation to Railways" " XXII. And whereas the remedies now in force for the recovery of tithe com- mutation rent-charges are in many instances ineffectual for such parts thereof as are charged upon lands taken for the purposes of a railway, and it is therefore expedient to extend the said remedies when the said rent-charges may have been duly apportioned ; be it enacted, that in all cases in which any such rent-charge, or part of any rent-charge, has been or hereafter shall be duly apportioned under the provisions of the acts for the commutation of tithes in England and Wales, upon lands taken or purchased by any railway company for the purposes of such company, or upon any part of such lands, it shall be lawful for every person enti- tled to the said rent-charge or parts of such rent-charge, in case the same has been or shall be in arrear and unpaid for the space of twenty-one days next after any half- yearly day fixed for the payment thereof, to distrain for all arrears of the said rent-charge upon the goods, chattels, and effects of the said company, whether on the land charged therewith, or any other lands, premises, or hereditaments of such company, whether situated in the same parish or elsewhere, and to dispose of the distress when taken, and otherwise to demean himself in relation thereto, as any landlord may for arrears of rent reserved on a lease for years ; provided always, that nothing herein contained shall give or be construed to give a legal right to such rent-charge, when but for this act such rent-charge was not or could not be duly apportioned." Stat. 7 & 8 Vict. cap. lxxxix. CLXVIII. Stat. 7 & 8 Victoria, cap. lxxxix. A.D. 1844. "An Act to remedy certain Defects in the Apportionment of the Rent-Charge in lieu of Tithes in the Parish of Necton, in the County of Norfolk." Stat. 7 & 8 Vict. c. 94. 6 & 7 Vict, c 37. Crown may nominate ministers by warrant under s'gn manual. Bishop may license, as to CLXIX. Stat. 7 & 8 Victoria, c. 94. A.D. 1844. "An Act to explain and amend an Act for making better Provision for the Spiritual Care of Populous Parishes." " Whereas an act was passed in the last session of parliament, intituled, 'An Act to make better Provision for the Spritual Care of populous Parishes ;' and it is expe- dient to explain and amend certain of the provisions of the said act : be it enacted by the queen's most exellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that wherever any right of patronage of any district or new parish constituted under the authority of the said act, and nomination of the minister or perpetual curate thereof, shall be assigned to or vested in or may be exercised by her majesty, according to or under the provisions of the same act, it shall be lawful for her majesty to nominate to the bishop of the diocese a spiritual person to be licensed to such district or new parish as minister or perpetual curate thereof, as the case may be, by warrant under her royal sign manual ; and such warrant shall be full and sufficient authority to such bishop to license such spi- ritual person accordingly. " II. And be it declared and enacted, that wherever any right of patronage of any such district or new parish shall in like manner be assigned to or vested in or STATUTA VICTORIA. A.D. 1837—1844. 2265 may be exercised by any bishop, it shall be lawful for such bishop to license a spiritual person to such district or new parish as minister or perpetual curate thereof, as the case may be, in the same manner, mutatis mutandis, as he may now by law license a spiritual person to any perpetual curacy. " III. Provided always, and be it enacted, that no fee whatever shall be payable for or in respect of any such warrant as aforesaid ; and that a fee of one pound, and no more, shall be receivable by the secretary of any bishop for and in respect of each and eveiy licence granted by such bishop of a spiritual person as minister or perpetual curate of any such district or new parish as aforesaid, or of any building licensed by such bishop within any such district for the performance of divine service, pursuant to the provisions of the said act ; and no further or larger fee or gratuity shall be receivable by any person whomsoever for or in respect of the making, issuing, or granting of any such licence as aforesaid. " IV. And be it declared and enacted, that wherever any incumbent or patron to whom, according to the provisions of the said recited act, it shall be necessary to transmit or deliver the draft of any scheme proposed to be laid before her majesty in council, shall be beyond the seas, it shall be and be deemed to be a sufficient compliance with such provisions to leave such draft, in the case of an incumbent, at the house of residence belonging to his benefice or church, or if there be no such house of residence, then at his last usual place of abode in England, and in the case of a patron at his last usual place of abode in England : provided always, that in an}r such case of an absent incumbent or patron, such scheme shall not be laid before her majesty in council until after the expiration of two calendar months from the day on which the draft thereof shall have been so left, unless such incumbent and patron shall in the meantime consent to the same. " V. And be it declared and enacted, that in the case of any such incumbent being an idiot or lunatic or of unsound mind, or of any benefice or church being under sequestration, or of the duties thereof being performed by a curate duly appointed in consequence of the suspension or the reputed incapacity of the incum- bent thereof, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to the committee of such idiot, lunatic or person of unsound mind, or to the sequestrator, or to such curate of such benefice or church, as the case may be ; and the consent of such committee, sequestrator, or curate shall be deemed to be the consent of the incum- bent, within the meaning of the said act. "VI. And be it declared and enacted, that in any case in which the patronage of any church or chapel of any parish, chapelry, or district, is or shall be vested in and exercised by the inhabitants generally of such parish, chapelry, or district, or by any body or class of persons exceeding five in number, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to one of such patrons, and to the churchwardens or chapel wardens of any such church or chapel, as the case may be ; and such church- wardens or chapelwardens, or one of them, shall thereupon cause notice of the con- tents of such draft to be given to such patrons, and shall ascertain their objections, if any, or their consent to such scheme, in such manner as the ecclesiastical com- missioners for England shall direct, and such churchwardens or chapelwardens, or one of them, shall communicate the same to the said commissioners or to the bishop of the diocese ; and the said commissioners shall not lay such scheme before her majesty in council until after the expiration of two calendar months from the day on which such draft shall have been so delivered or transmitted, unless such consent shall in the meantime be given. " VII. And be it declared and enacted, that in the construction of the said recited act the words * goods and chattels' shall be construed to extend to and com- prehend all personal estate and property whatsoever ; and the word 4 testament* shall be construed to extend to and comprehend any will or testamentary paper whatsoever, including under such definition the execution by any such will, testa- ment or testamentary paper of any appointment, in pursuance of any power, how- soever conferred or acquired. Stat. 7 & 8 Vict. c. 94. any existing perpetual curacy. Warrant with- out fee. Fee for licence. How scheme to be served where incum- bent or patron absent from England. How where incumbent incapacitated, or benefice sequestered. How where patrons nume- Construction of certain terms in 6 & 7 Vict. c. 37. 2266 STATUTA VICTORIA. A.D. 1837-1844. Stat. 7 & 8 Vict. c. 94. Original map or plan may be registered. Bounds of districts may be varied with- in limited time. Until minister licensed, cure of souls not affected. Form of grant or conveyance. Act may be altered this " VIII. And be it declared and enacted, that, notwithstanding anything in the said recited act contained, it shall be lawful to transmit the original map or plan annexed to any scheme laid before her majesty in council under the provisions of the said recited act, to be registered in the registry of the diocese, instead of a copy thereof, as provided by the same act. " IX. And be it declared and enacted, that it shall be lawful, by the autho- rity in the said recited act provided, at any time or times within twelve months after the date of the licence of the minister first licensed to any separate district constituted under the provisions of the same act, to alter the bounds of such district, although any alteration be not required with a view to the constituting of another separate district : provided always, that the scheme for making any such alteration shall be subject to all the provisions in the same act and in this act contained relating to schemes for constituting separate districts thereunder ; and that any portion of any such separate district which by any such alteration as aforesaid shall become detached or excluded therefrom shall to all intents and purposes again belong to and form part of the parish, chapelry, or district out of which such portion was taken, upon such separate district being originally con- stituted, or to and of any new district, as shall be determined by the like autho- rity. " X. And be it declared and enacted, that in the case of any district consti- tuted under the provisions of the said recited act, nothing contained in the scheme or order for constituting the same shall in any manner whatever affect any parish, chapelry, or district, as to the pastoral superintendence of the inhabitants thereof or otherwise, until a minister shall have been duly licensed to such newly consti- tuted district. "XI. And be it enacted, that any grant, conveyance, or assurance which shall be made to the said commissioners by deed, under the authority of the said recited act, of any lands, tithes, tenements, or other hereditaments, may be made according to the form in the schedule hereunto annexed contained, or as near thereto as the circumstances of the case will admit ; and every such conveyance and assurance shall be valid and effectual in the law to all intents and purposes. u XII. And be it enacted, that this act may be amended or repealed by any act to be passed during this present session of parliament." " Schedule. "I [or We, or the corporate title, if a corporation], under the authority of acts passed in the sessions of parliament held in the sixth and seventh and seventh and eighth years of the reign of her present majesty, intituled respectively, fAn Act to make better Provision for the Spiritual Care of populous Parishes,' and 'An Act to explain and amend an Act to make better Provision for the Spiritual Care of populous Parishes,' do by these presents freely and voluntarily, and without any valuable consideration, give, grant, convey, and assure to the eccle- siastical commissioners for England all [describe the premises to be conveyed], and all [my, or our, or the] right, title, and interest [of, if a corporation,] to and in the same and every part thereof, to hold to the said commissioners and their suc- cessors for the purpose of [describe the particular purpose, being some purpose within the provisions of the said acts, or say, generally, for the purposes of the said acts]. In witness whereof, &c." Stat. 7 & 8 CLXX. Stat. 7 & 8 Victoria, c. 97. [Ireland.] A.D. 1844. Vict. c. 97. [In.] "An Act for the more effectual Application of Charitable Donations and Bequests in Ireland" " Whereas it is expedient that the pious intentions of charitable persons should not be defeated by the concealment and misapplication of their donations and bequests to public and private charities in Ireland ; and whereas the provisions of the act passed by the parliament of Ireland in the third year of his late majesty 3 Geo. 3, (Ir.) King George the Third, intituled, 'An Act for the better Discovery of Charitable STATUTA VICTORIA. A.D. 1837—1844. 2267 Donations and Bequests,' and of the act passed by the parliament of Ireland in the fortieth year of the reign of his said late majesty King George the Third, intituled, < An Act to amend an Act passed in the third year of His present Majesty King George the Third, intituled, "An Act for the better Discovery of Charitable Donations and Bequests,'" have been found insufficient for such pur- poses ; and it is expedient and necessary that provision should be made for the better management of such charitable donations and bequests as have been hereto- fore made, and such as hereafter may be made : be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the commencement of this act the hereinbefore recited acts shall be repealed, save as to anything done at any time before the commencement of this act, all which shall be and remain good to all intents and purposes whatsoever as if this act had not passed. " II. And be it enacted, that the master of the rolls in the high court of Chan- cery of Ireland for the time being, the chief baron of the court of Exchequer in Ireland for the time being, and the judge of her majesty's court of Prerogative for causes ecclesiastical and court of Faculties in and throughout Ireland for the time being, together with ten other proper and discreet persons, to be from time to time appointed by her majesty in council, by warrant under the sign manual, of which ten persons five, and not more than five, shall at all times be persons professing the Roman catholic religion, shall be one body politic and corporate, by the name of * The Commissioners of Charitable Donations and Bequests for Ireland,' and by that name shall have perpetual succession and a common seal, and by that name may sue and be sued. "III. And be it enacted, that the said commissioners shall be at all times removable by her majesty in council, by warrant under the sign manual ; and that whenever, by death, resignation, removal, or otherwise, any person shall cease to be a commissioner under this act, it shall be lawful for her majesty, by warrant as aforesaid, to appoint one other person instead of the person so ceasing to be such commissioner ; and every appointment of the said commissioners and their succes- sors shall be published in the Dublin Gazette. " IV. And be it enacted, that all things which the said commissioners are by this act authorized to do may be done by any five of such commissioners : provided always, that such five commissioners be for such purpose assembled at a meeting whereof due notice shall have been given to all the said commissioners. " V. And be it enacted, that at each meeting of the said commissioners the said master of the rolls, or in his absence the said chief baron of the court of Exchequer, or in his absence the said judge of the Prerogative court, if present, and in the absence of all, the senior commissioner in the order of appointment, shall preside ; and the chairman at all such meetings shall not only vote as a commissioner, but, in case of the equality of votes, shall have also the casting or decisive vote. "VI. Provided always, and be it enacted, that the consideration of all charitable donations and bequests, and of matters relating to them, in which any question shall arise before the said commissioners concerning the usages or discipline of the united church of England and Ireland, or of any body of protestant nonconform- ists, shall be referred to a committee of the said commissioners consisting of those commissioners who are protestants; and that the consideration of all charitable donations and bequests, and of matters relating to them, in which any question shall arise before the said commissioners, concerning the usages or discipline of the church of Rome, shall be referred to a committee of the said commissioners con- sisting of those commissioners who profess the Roman catholic religion ; and that whenever, by reason of reference to or intendment of any usage of any such church or body, or any district or division, in use according to the discipline of any such church or body, the object of the donation, devise, or bequest shall not be defined with legal certainty in the deed or will creating the trust, the committee to which the same shall be referred shall certify to the commissioners who is, according to the uses and intendment of such church or body, the person for the time being Stat. 7 & 8 Vict. c. 97. [Ik.] 40 Geo. 3, (Ir.) Recited acts repealed, save as to any thing done before commence- ment of this act. Commissioners of charitable donations and bequests for Ireland ap- pointed. Removal and appointment of such com- missioners. How many commissioners may act. Chairman of commissioners. Religious questions to be referred to committees. 2268 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict, c 97. [Ik.] Appointment of officers. Salaries and exoenses. Minutes of proceedings to be kept. Commissioners to report. Property, &c. belonging to body corpo- rate created by recited act, 40 Geo. 3, (Ir.) vested in com- missioners under this act. Commissioners may sue for recovery of charitable donations, &c. withheld, &c. Proceedings not to be undertaken till submitted to attorney or solicitor- general. Actions not intended to take the benefit of such donation, devise, or bequest, or other particular facts concerning the usages or discipline of such church or body necessary to be known, for the due administration of the trust, according to the true intent and meaning of the donor ; and the commissioners shall receive every such certificate as evidence of the facts certified, and shall give effect to such donation, devise, or bequest accordingly, so far as the same may he lawfully executed according to the provisions of this act ; provided always, that nothing herein contained shall be construed to limit or affect the jurisdiction of any court of law or equity. " VII. And be it enacted, that it shall be lawful for the lord lieutenant or other chief governors of Ireland, with the consent and approbation of the commissioners of her majesty's Treasury, from time to time to appoint during his pleasure a secretary or secretaries to the said commissioners, and also such officers, clerks, and servants as may be necessary for the purposes of this act ; and the said commis- sioners of her majesty's Treasury shall fix the salary or salaries of the said secretary or secretaries, officers, clerks, and servants in fit proportion, according to the duties which they from time to time may have to perform. "VIII. And be it enacted, that the salaries of the said secretaries, officers, clerks, and servants, and also the necessary expenses of carrying on the business of the said commissioners of charitable donations and bequests for Ireland, not herein otherwise provided for, shall be paid by the commissioners of her majesty's Trea- sury out of the consolidated fund of the United Kingdom of Great Britain and Ireland. " IX. And be it enacted, that one of the secretaries, or some other officer of the said commissioners, shall make minutes of the proceedings of the said commission- ers at their several meetings, and shall keep a book, in which he shall enter a fair copy of such minutes, and the names of the commissioners present ; and the fair copy of the minutes of the proceedings of each meeting shall be read at the next meeting of the commissioners, and if approved as correct shall be signed by the chairman of the meeting at which they shall be so read. " X. And be it enacted, that the commissioners shall, once at least in every year, and also whenever her majesty's pleasure shall be signified to them in that behalf, report to her majesty the proceedings under this act ; and a copy of every such report shall be communicated to both houses of parliament within six weeks after the same shall be made, if parliament be then sitting, or if not then within six weeks next after the next meeting of parliament. " XI. And be it enacted, that from and after the first publication in the Dublin Gazette of the appointment of the commissioners of charitable donations and bequests for Ireland under this act, the property, estate, and effects, rights, claims, titles, and possessions, of what nature or kind soever, of or belonging or which of right ought to belong to the said body politic and corporate created by the said recited act of the fortieth year of King George the Third, and vested in the said body by virtue of the said act or otherwise, shall vest in and devolve upon the the commissioners of charitable donations and bequests for Ireland created by this act, subject to such trusts and conditions, liabilities, contracts, and engagements, as the same shall then be subject and liable to. " XII. And be it enacted, that the said commissioners of charitable donations and bequests for Ireland may sue for the recovery of every charitable donation, devise, or bequest intended to be applied in Ireland, which shall be withheld, con- cealed, or misapplied, and shall apply the same, when recovered, to charitable and pious uses, according to the intention of the donor or donors ; and the said com- missioners shall be empowered to deduct out of all such charitable donations, devises, and bequests as they shall recover, all the costs, charges, and expenses which they shall be put to in the suing for and recovery of the same : provided always, that no information shall be filed, or petition presented, or other proceeding at law or in equity undertaken or prosecuted, by the said commissioners, until the same shall be submitted to and allowed by her majesty's attorney or solicitor- general for Ireland, and such allowance certified by him. " XIII. And be it enacted, that no action or suit at law or in equity shall be STATUTA VICTORLE. A.D. 1837—1844. 2269 abated by the dissolution of the said corporation created by the said act of the for- tieth year of the reign of King George the Third, but that the court in which any action or suit shall be depending at the time of the commencement of this act may, if such court shall so think fit, upon the application of any party to the said action or suit, allow the name of the commissioners of charitable donations and bequests for Ireland incorporated by this act to be substituted in the place of the said com- missioners created by the said statute of the fortieth of George the Third, and such action or suit may be prosecuted and defended in the same manner as if the same had been originally instituted by or against the said commissioners incorporated by this act. " XIV. And be it enacted, that no sum shall be paid by the said commissioners of charitable donations and bequests for Ireland to any attorney or solicitor, as and for costs, charges, or expenses, unless the amount of such payment shall first have been approved of by the commissioners of her majesty's Treasury ; and before any such sum shall be allowed by the said commissioners of the Treasury on such account as aforesaid, the particulars of all such costs, charges, and expenses shall be laid before them. " XV. And be it enacted, that every person or body corporate having in his, her, or their own right any estate or interest, in possession, reversion, or remainder, of or in any lands, tenements, or hereditaments, or any property of or in any goods or chattels, shall have full power, at his, her, and their will and pleasure, by deed duly executed, and attested by two credible witnesses, or by his or her last will in writing, duly executed according to law, to give and grant to and vest in the said commissioners of charitable donations and bequests for Ireland, and their successors, all such his, her, or their estate, interest, or property in such lands, tenements, hereditaments, goods, and chattels, or any part or parts thereof, in trust for build- ing, enlarging, upholding, or furnishing any chapel or place of religious worship of persons professing the Roman catholic religion, or in trust for any archbishop or bishop or other person in holy orders of the church of Rome officiating in any district, or having pastoral superintendence of any congregation of persons profess- ing the Roman catholic religion, and for those who shall from time to time so offi- ciate or_shall succeed to the same pastoral superintendence, or for building a resi- dence for his and their use ; and such estate, interest, or property in such lands, tenements, or other hereditaments, goods and chattels, shall vest in and be holden by the said commissioners, subject to the trusts of such deed and will respectively, without any writ or licence other than this act ; provided always, that nothing herein contained shall be construed to render lawful any donation, devise, or bequest to or in favour of any religious order, community, or society of the church of Rome bound by monastic or religious vows prohibited by an act passed in the tenth year of the reign of King George the Fourth, intituled, 4 An Act for the Relief of His Majesty's Roman Catholic Subjects,' or to or in favour of any member or members thereof. " XVI. And be it enacted, that after the commencement of this act no dona- tion, devise, or bequest for pious or charitable uses in Ireland shall be valid to create or convey any estate in lands, tenements, or hereditaments for such uses, unless the deed, will, or other instrument containing the same shall be duly executed three calendar months at the least before the death of the person executing the same, and unless every such deed or instrument, not being a will, shall be duly registered in the office for registering deeds in the city of Dublin within three calendar months after the execution thereof. " XVII. And be it enacted, that it shall not be lawful for any such archbishop, bishop, or person in holy orders of the church of Rome, to alien, set, let, or in any manner demise for any period whatever such lands, tenements, or heredi- taments, or any part thereof, or in any manner whatever to charge or incumber the same, or any property enjoyed by him under this act, but that all charges and incumbrances upon such lands, tenements, and hereditaments, or other pro- perty, and all conveyances, gifts, grants, demises, or sub-demises of the same or any part thereof, made or to be made by any such archbishop, bishop, or other Stat. 7 & 8 Vict. c. 97. [Ir.] abated by dis- solution of corporation created by 40 Geo. 3, but same may be prosecuted by commis- sioners under this act. Commissioners not to pay costs to attor- nies, &c. unless amount ap- proved by the Treasury. Persons or bodies may by deed vest lands, &c. in the commissioners, in trust for Roman catho- lic ministers in Ireland. 10 Geo. 4, c. 7. Deeds to be registered. Archbishops, &c. not to alien or demise lands, &c. en- joyed by them under this act. 2270 STATUTA VICTORIA. A.D. 1837— 1844. Stat. Vict. [IR.] 7 &8 c.97. Commissioners of charitable donations, &c. may lease said lands, &c. with consent of archbishop, &c. of church of Rome. Vicar-general and registrar of Prerogative court to make return to com- missioners of charitable donations, &c. of every cha- ritable dona- tion contained in any will entered in the office of such vicar-general, &c. Accounts of the commis- sioners to be audited by chief or second remembrancer of the Exche- quer in Ire- land : person in holy orders of the church of Rome, shall be absolutely void ; provided always, that it shall and may be lawful for the said archbishop, bishop, or other person in holy orders of the church of Rome, to execute such leases as herein- after are mentioned. " XVIII. And be it enacted, that it shall and may be lawful for the said com- missioners of charitable donations and bequests for Ireland, from time to time, by deed under the common seal of the said commissioners, to demise or lease the said lands, tenements, or hereditaments, or any part thereof, by and with the consent of the said archbishop, bishop, or other person in holy orders of the church of Rome, or those who respectively shall succeed them as aforesaid, testified by his or their being a party to and executing such lease, for any term not exceed- ing twenty-one years, unless on building lease, in which case such lease may be granted for any term not exceeding one hundred years ; provided always, that the said lease shall take effect in possession, and not in reversion or by way of future interest, and that there be made payable during the estate or interest thereby created the best yearly rent that can be reasonably obtained for the same, without any fine, premium, or foregift for the making thereof being paid or payable to the said commissioners, or to the said archbishop, bishop, or other person in holy orders of the church of Rome ; and provided that there be contained in every such demise or lease a covenant for the payment of the rent thereby reserved, and a condition for re-entry on nonpayment of the rent or any part thereof for twenty-one days next after the same shall become due, and so that the lessee or lessees therein named do execute a counterpart of the said demise or lease, and be not in any manner made dispunishable for committing waste. " XIX. And be it enacted, that from and after the commencement of this act the vicar-general or his surrogate, and the registrar of the Prerogative court, shall make a return upon oath to the commissioners of charitable donations and bequests for Ireland, between the first day of July and the first day of November in every year, of every charitable devise or bequest contained in any will which shall be entered in the office of such vicar-general, surrogate, or registrar, which return shall likewise contain the name of the testator, the name or names of the person or persons to whom probate of any such will, or letters of administration with such will annexed, shall be granted, with the date of such will, probate, or administra- tion ; which return shall be lodged with one of the secretaries of the said commis- sioners ; and every such officer as aforesaid who shall neglect to make such return as aforesaid shall forfeit the sum of five pounds sterling, to be recovered by any person who shall sue for the same by civil bill ; and the person or persons to whom the probate of any such will or letters of administration as aforesaid shall be granted shall, within three calendar months next after obtaining the same, publish in the Dublin Gazette, three times successively, every charitable devise or bequest con- tained in such will, the name of the testator and date of such will or codicil, and the name of the person or persons to whom such charitable devise or bequest is given and bequeathed, and the name of the person or persons appointed by the tes- tator for the management and direction thereof ; and the expense of such publica- tion shall be paid by the said executors or administrators out of the said respective charities ; and every such person or persons who shall neglect to publish the same in manner herein required shall forfeit for every such neglect the sum of five pounds sterling, to be recovered by any person who shall sue for the same, by any action of debt, bill, plaint, or information, in any of her majesty's courts of record. " XX. And be it enacted, that the accounts of the said commissioners of the sums passing through their hands arising from charitable donations and bequests shall, from and after the commencement of this act, be from time to time audited and declared by the chief remembrancer or second remembrancer of the court of Exchequer in Ireland ; and that the said commissioners of charitable donations and bequests in Ireland shall cause the said accounts to be made out in such form as the said chief or second remembrancer shall direct, and shall send the same to him, with proper vouchers for their receipts and payments; and the said chief STATUTA VICTORIA. A.D. 1837—1844. 2271 remembrancer or second remembrancer, after examining each account rendered to him as aforesaid, with the documents annexed thereto, shall settle and declare the same, and shall lodge such account, when so settled and declared, with the clerks of her majesty's Privy Council in Ireland, who shall send one copy thereof to the said commissioners of charitable donations and bequests for Ireland, and keep one other copy thereof in the Privy Council office in Ireland. " XXI. And be it enacted, that it shall be lawful for the said chief remem- brancer or second remembrancer to call before him and examine on oath any person whom he may deem it necessary to examine on the matter of such accounts ; and every person who on such examination on oath shall wilfully make any false state- ment shall be deemed guilty of perjury. " XXII. And be it enacted, that this act shall commence from and after the first day of January one thousand eight hundred and forty-five ; and that nothing herein contained shall be taken to avoid or render unlawful any donation, devise, or bequest which but for this act would be lawful, except as to the time within which the deed, will, or instrument containing such donation, devise, or bequest for pious or charitable uses is hereinbefore required to be executed and registered. "XXIII. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament." Stat. 7 & 8 Vict. c. 97. [Ik.] who may exa- mine persons on oath re- specting such accounts. Commence- ment of act. Act may be amended this CLXXI. Stat. 7 & 8 Victoria, c. 101. A.D. 1844. Stat. 7 & 8 Vict, c 101 lAn Act for the further Amendment of the Laws relating to the Poor in " XXXI. And be it declared and enacted, that it shall be lawful for guardians, Burials of or where there are no guardians for the overseers, to bury the body of any poor paupers, person which may be within their parish or union respectively, and to charge the expense thereof to any parish under their control to which such person may have been chargeable, or in which he may have died, or otherwise in which such body may be ; and unless the guardians, in compliance writh the desire expressed by such person in his lifetime, or by any of his relations, or for any other cause, direct the body of such poor person to be buried in the churchyard or burial ground of the parish to which such person has been chargeable, (which they are hereby autho- rized to do,) every dead body which the guardians or any of their officers duly authorized shall direct to be buried at the expense of the poor rates shall, (unless the deceased person, or the husband or wife or next of kin of such deceased person, have otherwise desired,) be buried in the churchyard or other consecrated burial ground in or belonging to the parish, division of parish, chapelry, or place in which the death may have occurred ; and in all cases of burial under the direction of the guardians or overseers as aforesaid the fee or fees payable by the custom of the place in which the burial may take place, or under the provisions of any act of parliament, shall be paid out of the poor rates, for the burial of each such body, to the person or persons who by such custom or under such act may be entitled to receive rany fee : provided always, that it shall not be lawful for any officer con- nected with the relief of the poor to receive any money for the burial of the body of any poor person which may be within the parish, division of parish, chapelrv, or place in which the death may have occurred, or to act as undertaker for personal gain or reward in the burial of any such body, or to receive any money from any " dissecting school or school of anatomy, or hospital, or from any person or persons to whom any such body may be delivered, or to derive any personal emolument whatever for or in respect of the burial or disposal of any such body ; and anv such officer offending as aforesaid shall, on conviction thereof before any two justices, forfeit and pay a sum not exceeding five pounds. Parishes and "XL. And be it enacted, that it shall be lawful for the said commissioners, as unions may and when they may see fit, by order under their hands and seal, to combine unions, within certain or parishes not in union, or such parishes and unions, into school districts, for the Umit5» be , management of any class or classes of infant poor not above the age of sixteen schoo^dfs years, being chargeable to any such parish or union, who are orphans, or are tricts. 2272 STATUTA VICTORIA. A.D. 1037—1844. Stat. 7 & 8 Vict. c. 101. Constitution of the district boards for schools and asylums. Powers and duties of dis- trict boards. deserted by their parents, or whose parents or surviving parent or guardians are consenting to the placing of such children in the school of such district; but the said commissioners shall not include in any such district any parish any part of which would be more than fifteen miles from any other part of such district : pro- vided always, that when the relief of the poor has been hitherto administered in any parish or united parishes by guardians appointed under a local act, and not by overseers of the poor, if such parish or united parishes, according to the last enume- ration of the population published by authority of parliament, contain more than twenty thousand persons, it shall not be lawful for the said commissioners, without the consent in writing of the majority of such guardians, to include such parish or united parishes in a school district. " XLII. And be it enacted, that a board shall be constituted for every district formed under this act for the maintenance of a school or of an asylum ; and every district board so constituted shall respectively consist of members to be elected from amongst the persons rated within the district to the relief of the poor ; and the said commissioners shall fix the qualification of such members, such qualification to consist in being rated within the district to the relief of the poor, but not so as to require a qualification exceeding the net annual value of forty pounds ; and such members shall be elected at such periods, not exceeding three years, and in such proportions and in such manner, as the said commissioners may from time to time direct, by the guardians of every parish or union governed by a board of guardians under the provisions of the said first-recited act or of any local act, and if there be no such guardians then by the overseers of a parish not governed by such guar- dians ; and the chairman of every board of guardians constituted under the provi- sions of the said first-recited act shall, if he consent thereto, be ex offiicio a member of any district board constituted under the provisions of this act, " XLIII. And be it enacted, that every such district board shall have such of the powers of guardians for the relief and management of the poor within any school or asylum, and for the appointment, payment, and control of paid officers, as the said commissioners may direct ; and the legal and reasonable orders of such district board shall be obeyed and obedience thereto enforced in the same manner and by the same remedies and penalties as the legal and reasonable orders of guar- dians ; and it shall be lawful for the said commissioners, with the consent in writing of a majority of any district board, to direct such district board to purchase or hire or build, and to fit up and furnish, a building or buildings, of such size and description, and according to such plan, and in such manner as the said commis- sioners may deem most proper, for the purpose of being used or rendered suitable for the relief and management of the poor to be received into such school or asylum ; and the said commissioners may, with the like consent, alter the district for which such district board was originally constituted, by adding thereto or taking there- from any parish or parishes, union or unions, as aforesaid ; and the said commis- sioners shall have the same powers for regulating the proceedings of any district board or of any committee thereof, and for directing and regulating the appoint- ment, duties, remuneration, and removal of paid officers to be appointed by any district board, as they have with respect to the proceedings of boards of guardians, or with respect to paid officers to be appointed by any board of guardians ; and every such board for a school district shall appoint, with the consent of the bishop of the diocese, at least one chaplain of the established church as one of the paid officers aforesaid, who shall be empowered to superintend the religious instruction of all the infant poor being under the control of such district board ; and it shall be lawful for the said commissioners to issue rules and regulations for the government of any such school or asylum, and the inmates thereof, as if such school or asylum were a workhouse ; and any orders or regulations of the said commissioners made in pursuance of this act shall be enforced in the same manner and by the same penalties as if the same were an order or regulation made in pursuance of the said first-recited act : provided always, that no rules, orders, or regulations of the said commissioners, nor any regulations made by such district board, shall oblige any inmate of any such school or asylum to attend any religious service which may be STATUTA VICTORIA. A.D. 1837—1844. 2273 celebrated in a mode contrary to the religious principles of such inmate, nor shall authorize the education of any child in any religious creed other than that pro- fessed by the parents or surviving parent of such child, and to which such parents or surviving parent may object, or, in the case of an orphan or deserted child, to which his next of kin may object : provided also, that it shall be lawful at all reasonable times of the day, according to rules and regulations to be made for this purpose by the said board, for any minister of the religious persuasion professed by an adult inmate, or of the religious persuasion in which any child has been brought up, or in which the parents, or surviving parent, or next of kin, as the case may be, may desire such child to be instructed, to visit the school or asylum, at the request of such adult inmate, for the purpose of affording to him religious assist- ance, or to visit such child for the purpose of instructing such child in the prin- ciples of his religion : provided also, that it shall be lawful at all times for any inspector of schools appointed by her majesty in council to visit such schools, and to examine into the proficiency of the scholars therein. " XLIV. And be it enacted, that for the purpose of providing a building for such school or asylum, it shall be lawful for such district board, subject to the order of the said commissioners, to exercise the powers given to boards of guardians by the said first-recited act or any other act or acts for the purchase and hire of lands and buildings, and to borrow, in like manner as is provided in the said first-recited act or in any other act or acts, such sum or sums of money as may be necessary for the purpose of purchasing any site, or purchasing, hiring, or building, and of fitting up and furnishing such building or buildings as aforesaid, and to charge the future poor rates of the parishes or unions, or parishes and unions, so combined as afore- said, with the payment of such sum or sums of money, and interest thereon : provided always, that the consent of any rate-payers or owners of property of any parish shall not be necessary to any sale, exchange, lease, or other disposal by guardians or overseers to or with any such district board of any workhouse, tene- ment, building, or land : provided also, that the principal sum or sums to be raised for the purpose of providing any such building or buildings as aforesaid, and charged on any union, or on any parish not included in a union, shall in no case exceed one fifth of the average annual amount of the aggregate expenditure relating to the relief of the poor within any such union, or of the like expenditure within any such parish, for three years ending the twenty-fifth day of March next preced- ing the raising of such money; provided also, that the principal sum or sums required for the purpose of providing any such building or buildings shall, if the same be borrowed, be repaid, with all interest thereon, within a period not exceed- ing twenty years. " XLV. And be it enacted, that every such district board shall be enabled to accept, take, and hold, on behalf of the district for which they act, any lands, buildings, goods, effects, or other property, as a corporation, and in all cases to sue and be sued as a corporation, by the name of the board of management of the district school or asylum, as the case may be. " XLVI. And be it enacted, that every district board for the management of any school or asylum shall from time to time call on the parishes and unions included in such district for such contributions as they may deem requisite for the purposes of this act ; and notice in writing of the amount of such contributions, purporting to be signed by the clerk or other officer of such district board, in any form prescribed by the said commissioners, shall, fourteen days at least before such contribution becomes due, be forwarded, by post or otherwise, to the clerk to the board of guardians of any union, and to two at least of the overseers or other officers authorized to make and levy rates for the relief of the poor in every parish from whom such contributions or any part thereof will become due ; and if such contributions are not duly paid to the treasurer of such district board, such district board shall, in addition to any other remedy which now is or hereafter may be given to any persons against any board of guardians, have the like remedy for recovery of the same from the overseers or other officers authorized to make and levy the rates for relief of the poor of the several parishes, whether comprised in 7 F Stat. 7 & 8 Vict. c. 101. Powers of district board for purchasing and hire of land, &c. Sums to be raised for providing schools or asylums not to exceed one fifth part of the average annual rates. District board to hold pro- perty of the district as a corporation. Payment of contributions to district boards. 2274 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 101. Distribution of charges for schools. Appointment of auditors for district boards. Guardians may visit and in- spect asylums. Children may be sent to district schools from parishes an union or otherwise, and which may form part of the district for which such district board may act, as are given to guardians for the recovery from overseers of the contributions of parishes ; and in case of any addition or separation of parishes or unions, the said commissioners shall ascertain the proportionate value of pro- perty and amount of obligations of every parish or union affected by the change, and shall fix the amount to be received or paid, or secured to be paid, by every such parish or union, " XLVII. And be it enacted, that the expenses incurred by any district board in the purchase or hire of any building or buildings to be used as a school, or in erecting, repairing, adding to, or fitting up any building, and in the purchase of utensils and materials for the employment of the inmates of such school, or of books and other objects and things necessary for the instruction of such inmates, and the salaries of the officers and servants of the establishment, and all other expenses incurred on the common account of the parishes or unions, or parishes and unions, so united for the management of any class of infant poor, or incidental to the discharge of the duties of such district board, shall be paid by such unions in the proportion of the averages last declared for every such union, and by such parishes in the proportion of the average expenditure of every such parish for the like period and purposes as those to which the declared averages of such unions shall relate ; and the said commissioners shall from time to time, by order under their hands and seal, ascertain and declare the proportion and rates of contribution in the above respects of every such parish and union ; and that all other expenses incurred in the relief of the children under the management of such district board shall be separately charged by such district board to the parish or union from which each such child may be sent. "XLIX. And be it enacted, that the poor law commissioners shall appoint some person, being at the time the auditor of some parish or union situated within the district for which any district board for any school or asylum may be appointed, who shall be the auditor of such district, and shall be empowered and required to audit the accounts of each district board, and of the officers of such dis- trict board ; and the salary of every such auditor of a district shall be paid by the district hoard thereof; and the said commissioners shall have the same powers for regulating the duties and remuneration of such auditors as they have with respect to paid officers appointed by any board of guardians ; and it shall be lawful for the said commissioners, as they may see fit, to remove any auditor of such district, and in case of vacancy to appoint another person as aforesaid to the office ; and every district hoard constituted under this act, and every officer of such district board, shall, twice in the year at least, at such time and in such manner and fonn as may be prescribed by the poor law commissioners, account to the auditor appointed as aforesaid ; and such auditor shall have all the powers of allowing and disallowing any charges in such accounts as are or may hereafter be given to auditors under the provisions of the said first-recited act or any other act for the audit of accounts relating to rates for the relief of the poor ; and all sums disallowed or reduced, or charged as balances against any person by such auditor, shall be recovered, on the application of such auditor, (which application he is hereby empowered to make,) in the same way as penalties and forfeitures under the said first-recited act, from the person making or authorizing such illegal payment ; and within thirty days of such audit each district board shall cause to be printed, and shall forward by post or' otherwise to each board of guardians, and to the officers of every parish within their district, an abstract of the accounts of their district, so audited, in such form as the poor law commissioners may direct. " L. And be it enacted, that every guardian of every union or parish included in any such district formed for the maintenance of an asylum, shall, at all reason- able times, be entitled to enter the asylum of such district, and inspect any part thereof, and enter his remarks thereon in a book to be kept for that purpose. " LI. And be it enacted, that in any case where a parish or union is not com- bined in a school district, and where any part of such parish or union is not more than twenty miles from a district school, the board of guardians of such parish or STATUTA VICTORIA. A.D. 1837—1844. 2275 union may, with the consent of the board of such district, send to such district school any infant poor not above the age of sixteen years, being chargeable to any such parish or union, who are orphans, or are deserted by their parents, or whose parents or surviving parent or guardians are consenting thereto ; and the costs of the maintenance, employment, and instruction of such infant poor in such district schools shall be paid by such board of guardians to such district board, according to such rates and at such times and in such manner as may be agreed upon by the said boards, with the approbation of the said commissioners ; and such infant poor while at such district school shall be subject to the control and management of such district board and their officers, in like manner as if the said parish or union were combined in such school district by virtue of this act. " LII. And be it enacted, that the provisions of [Stat. 7 Geo. 3, c. 39, and Stat. 2 Geo. 3, c. 22] shall be and are hereby repealed. "LVI. And be it enacted, that, for the purposes of relief, settlement, and removal of poor persons, and the burial of the poor, the workhouse of any union or parish, and every such district school, shall be considered as situated in the parish to which each poor person respectively to be relieved, removed, or buried, or otherwise concerned in any such purpose, is or has been chargeable : provided always, that every birth and death within any such workhouse or building shall be registered in the parish or place in which such workhouse or building is locally situated ; and all fees for registering births and deaths in any such workhouse or building shall be charged by the guardians to the parish or union to which the person dying or the mother of the child respectively is chargeable." Stat. 7 & 8 Vict. c. 101. and unions not combined, but not distant more than twenty miles. Repeal of the acts 7 Geo. 3, c. 39, and 2 Geo. 3, c. 22. Workhouse to be deemed to be situate in every parish of an union, &c. CLXX1I. Stat. 7 & 8 Victoria, c. 102. A.D. 1844. 'An Act to repeal certain Penal Enactments made against Her Majesty's Stat. 7 & 8 Vict. c. 102. Certain acts 5 & 6 Edw. 6, c. 1. Roman Catholic Subjects." " Whereas Roman catholics, and persons professing the Roman catholic reli- gion, were, by certain acts made and passed by the parliament of England and the parliament of Great Britain rendered liable to punishments, pains, penalties, and disabilities, for or on account of their religious belief or profession, to which punish- ments, pains, penalties, and disabilities none other of her majesty's subjects are liable : and whereas it is expedient to amend the law in this respect : be it there- fore enacted by the queen's most excellent majesty, by and with the advice and con- and parts of sent of the lords spiritual and temporal, and commons, in this present parliament acts rePealed assembled, and by the authority of the same, that from and after the passing of this act the several acts hereinafter mentioned, or so much and such parts of any of them as are hereinafter specified, shall be repealed ; (that is to say,) " So much of an act passed in the sixth year of the reign of King Edward the Sixth, intituled, ' An Act for the Uniformity of Service and Administration of Sacraments throughout the Realm,' as relates to the offence of willingly and wittingly hearing and being present at any other manner or form of common prayer, of administration of the sacraments, of making of ministers in the churches, or of any other rites contained in the book annexed to that act, than is mentioned and set forth in such book, so far as the same in any manner affects Roman catholics : "Also so much of an act passed in the first year of the reign of Queen Elizabeth, 1 Eliz. c. 1 intituled, * An Act to restore to the Crown the ancient Jurisdiction over the Estate, ecclesiastical and spiritual, and abolishing all Foreign Powers repugnant to the same/ whereby, after the following enactment, * that if any person or persons dwelling or inhabiting within this your realm, or in any other your highnesses realms or dominions, of what estate, dignity, or degree soever he or they be, after the end of thirty days next after the determination of this session of this present parliament, shall, by writing, printing, teaching, preaching, express words, deed, or act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain, or defend the authority, preheminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, 7 F 2 2276 STATU T A VICTORIA. A.D. 1837-1844. Stat. 7 & 8 state, or potentate whatsoever, heretofore claimed, used, or usurped within this Vict. c. 102. realm, or any dominion or country being within or under the power, dominion, or obeysance of your highness, or shall advisedly, maliciously, and directly put in ure or execute anything for the extolling, advancement, setting forth, main- tenance, or defence of any such pretended or usurped jurisdiction, power, pre- heminence, and authority, or any part thereof, that then every such person and persons so doing and offending, their abettors, aiders, procurors, and counsellors, being thereof lawfully convicted and attainted, according to the due order and course of the common laws of this realm, for his or their first offence shall for- feit and lose unto your highness, your heirs and successors, all his and their goods and chattels, as well real as personal ; and if any such person so con- victed or attainted shall not have or be worth of his proper goods and chattels to the value of twenty pounds at the time of his conviction or attainder, that then every such person so convicted or attainted, over and besides the forfeiture of all his said goods and chattels, shall have and suffer imprisonment by the space of one whole year, without bail or mainprise ;' it is enacted, * that if any such offender or offenders, after such conviction or attainder, do eftsoons com- mit or do the said offences or any of them in manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid, that then every such offender and offenders shall for the same second offence incur into the dangers, penalties, and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixteenth year of the reign of King Richard the Second ; and if any such offender or offenders, at any time after the said second conviction and attainder, do the third time commit and do the said offences or any of them in manner and form aforesaid, and be thereof duly convicted and attainted as is aforesaid, that then every such offence or offences shall be deemed and adjudged high treason ; and that the offender or offenders therein, being thereof lawfully convicted and attainted according to the laws of this realm, shall suffer pains of death, and other penalties, forfeitures, and losses, as in cases of high treason by the laws of this realm :' 1 Eliz. c. 2. "Also so much of an act made and passed in the said first year of the reign of the said Queen Elizabeth, intituled, 'An Act for the Uniformity of Common Prayer and Service in the Church, and Administration of the Sacraments/ whereby it is enacted, * that all and every person and persons inhabiting within this realm or any other the queen's majesty's dominions shall diligently and faithfully, having no lawful or reasonable excuse to be absent, endeavour them- selves to resort to their parish church or chapel accustomed, or upon reasonable let thereof to some usual place where common prayer and such service of God shall be used in such time of let, upon every Sunday and other days ordained and used to be kept as holy days, and then and there to abide orderly and soberly during the time of the common prayer, preaching, or other service of God there to be used and ministered,' upon the pains, penalties, and punish- ments therein mentioned, so far as these enactments of the last-mentioned act relate to or affect Roman catholics : 5 Eliz. c. 1. "Also so much of an act passed in the fifth year of the reign of the said Queen Eli- zabeth, intituled, 4 An Act for the Assurance of the Queen's Royal Power over all Estates and Subjects within her Dominions,' as renders any person violating . its provisions liable to the penalties of treason, or of the Statute of Praemunire : 23 Eliz. c. 1. " Also the whole of an act passed in the twenty-third year of the reign of the said Queen Elizabeth, intituled, ' An Act to retain the Queen's Majesty's Subjects in their due Obedience 27 Eliz. c. 2. "Also the whole of an act passed in the twenty-seventh year of the reign of the said Queen Elizabeth, intituled, 4 An Act against Jesuits, Seminary Priests, and other such like disobedient Persons :' 29 Eliz. c. 6. "Also so much of an act passed in the twenty-ninth year of the reign of the said Queen Elizabeth, intituled, 4 An Act for the more speedy and due Execution of certain Branches of the Statute made in the twenty-third year of the Queen's Majesty's Reign, intituled, "An Act to retain the Queen's Majesty's Subjects STATUTA VICTORIA. A.D. 1837—1844. 2277 in their due Obedience," ' as relates to or in any manner affects Roman Stat. 7 & 8 catholics: VlCT- c- 102- Also the whole of an act passed in the thirty-fifth year of the reign of the said 35 Eliz. c. 1. Queen Elizabeth, intituled, 4 An Act to retain the Queen's Majesty's Subjects in their due Obedience :' Also the whole of an act passed in the said thirty-fifth year of the reign of the said 35 Eliz. c. 2. Queen Elizabeth, intituled, 'An Act for restraining Popish Recusants to some certain Places of Abode Also an act passed in the first year of the reign of King James the First, intituled, 1 Jac. 1, c. 4. 'An Act for the due Execution of the Statutes against Jesuits, Seminary Priests, Recusants,' &c, except so much of the same act as relates to the keep- ing any school, or to the being a schoolmaster, or to the retaining or main- taining a schoolmaster : Also so much of that part of an act passed in the third year of the reign of the said 3 Jac. 1, c. 1. King James the First, intituled, ' An Act for a public Thanksgiving to Almighty God every Year on the Fifth of November,' whereby it is enacted, ' that all and every person and persons inhabiting within this realm of England and the dominions of the same shall always upon that day diligently and faithfully resort to the parish church or chapel accustomed, or to some usual church or chapel where the said morning prayer, preaching, or other service of God shall be used, and then and there to abide orderly and soberly during the time of the said prayers, preaching, or other service of God then to be used and ministered,' as relates to or in any manner affects Roman catholics : Also so much and such parts of an act passed in the said third year of the reign of 3 Jac. 1, c. 4. the said King James the First, intituled, 'An Act for the better discovering and repressing of Popish Recusants,' as relate to popish recusants, to the trea- sons created by the same act, and to the compelling any Roman catholic to resort to the church of the parish where he or she shall most usually abide or be within the year, and to receive the sacrament of the Lord's supper : Also another act passed in the said third year of the reign of the said King James 3 Jac. 1, c. 5. the First, intituled, 'An Act to prevent and avoid Dangers which grow by Popish Recusants,' except those parts of the same act whereby it is enacted, ' that every person or persons that is or shall be a popish recusant convict during the time that he shall be or remain a recusant shall from and after the end of the then present session of parliament be utterly disabled to present to any benefice with cure or without cure, prebend or other ecclesiastical living, or to collate or nominate to any free school, hospital, or donative whatsoever, and from the beginning of the then present session of parliament shall likewise be disabled to grant any avoidance to any benefice, prebend, or other ecclesiastical living,' and which specify the counties, cities, and other places and limits or precincts within which the chancellor and scholars of the university of Oxford and the chancellor and scholars of the university of Cambridge respectively have the presentation, nomination, collation, and donation of and to every such benefice, prebend, living, school, hospital, and donative as shall happen to be void during such time as a patron thereof shall be and remain a recusant con- vict as aforesaid ; and whereby it is provided, ' that neither of the said chan- cellors and scholars of either of the said universities shall present or nominate to any benefice with cure, prebend, or other ecclesiastical living, any such per- son as shall then have any other benefice with cure of souls, and if any such presentation or nomination shall be had or made of any such person so bene- ficed, the said presentation or nomination shall be void, anything in this act to the contrary notwithstanding :' Also so much of an act passed in the seventh year of the reign of the said King 7 Jac. 1 , c. 6. James the First, intituled, 'An Act for administering the Oath of Allegiance and Reformation of Married Women Recusants,' as relates to recusants or to the penalties of recusancy : Also the whole of an act passed in the third year of the reign of King Charles the 3 Car. 1. c. 2. First, intituled, 'An Act to restrain the passing or sending of any to be poplshly bred beyond the seas :' 2278 STATUTA VICTORIA. A.D. 1837—1844. Stat. 7 & 8 Vict. c. 102. 3 Car. 1, c. 4. 16 Car. l,e.4. 35 Eliz. c. 1. 13 & 14 Car. 2, c. 4. 25 Car. 2, c. 2. 1 G. & M. c. 8. 1 G. & M. c. 9. 1 G. & M. c. 15. 1 G. & M. c. 17. Act may be altered this session. " Also so much and such parts of two acts respectively, the one passed in the said third year of the reign of the said King Charles the First, and intituled, * An Act for Continuance and Repeal of divers Statutes,' and the other passed in the sixteenth year of the said last-mentioned reign, and intituled, 4 An Act for the further Relief of His Majesty's Army and the Northern Parts of the Kingdom,' relating to the continuance of an act made in the thirty-fifth year of the reign of Queen Elizabeth, intituled, 4 An Act to retain the Queen's Majesty's Sub- jects in their due Obedience,' as in any manner affect Roman catholics : "Also so much of an act passed in the thirteenth and fourteenth years of the reign of King Charles the Second, intituled, 4 An Act for the Uniformity of public Prayers and Administration of Sacraments and other Rites and Ceremonies ; and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England,' as confirms any act or part of any act hereby repealed : " Also so much of an act passed in the twenty-fifth year of the reign of the said King Charles the Second, intituled, 'An Act for preventing Dangers which may happen from Popish Recusants,' whereby it is enacted, 'that if any person or persons, not bred up by his or their parent or parents from their infancy in the popish religion, and professing themselves to be popish recusants, shall breed up, instruct, or educate his or their child or children, or suffer them to be instructed or educated, in the popish religion, every such person being thereof convicted shall be from thenceforth disabled of bearing any office or place of trust or profit in church or state ;' and whereby it is enacted, * that all such children as shall be so brought up, instructed, or educated, are and shall be thereby disabled of bearing any such office or place of trust or profit until he and they shall be perfectly reconciled and converted to the church of England, and shall take the oaths of supremacy and allegiance aforesaid before the justices of the peace in the open quarter sessions of the county or place where they shall inhabit, and thereupon receive the sacrament of the Lord's supper after the usage of the church of England, and obtain a certificate thereof under the hands of two or more of the said justices of the peace :' "Also so much of an act passed in the first session of parliament in the first year of the reign of King William the Third and Queen Mary, intituled, 4 An Act for the abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths,' as renders liable any person or persons who shall refuse to take the oaths therein mentioned, or either of them, to imprisonment, fine, and disability to hold any office, civil or military, within this kingdom : " And also so much of the said last-mentioned act as renders liable any person or persons who shall refuse to make and subscribe the declaration therein men- tioned to the pains, penalties, forfeitures, and disabilities of and to be taken and deemed a popish recusant convict : » " Also the whole of an act passed in the said first session in the said first year of the reign of the said King William the Third and the said Queen Mary, inti- tuled, 4 An Act for the amoving Papists and reputed Papists from the Cities of London and Westminster, and Ten Miles Distance from the same :' 44 Also the whole of another act passed in the said first session and first year, inti- tuled, 4 An Act for the better securing the Government by disarming Papists and reputed Papists :' 44 Also the whole of another act passed in the said first session and first year, inti- tuled, 4 An Act for rectifying a Mistake in a certain Act of this present Parlia- ment, for amoving Papists from the Cities of London and Westminster.' 44 II. 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BY DIGNITARIES AND OTHER CLERGYMEN OF THE UNITED CHURCH OF ENGLAND AND IRELAND. In Part I. are Sermons by The Right Rev. LORD BISHOP of ST. DAVID'S. The Hon. and Very Reverend the DEAN of LICHFIELD. The Rev. J. D. COLERIDGE, LL.D., Prebendary of Exeter. The Rev. R, PARKINSON, B.D., Canon of Manchester The Rev. JAMES SLADE, M.A., Vicar of Bolton. The Rev. H. ALFORD, M. A., Vicar of Wymeswold. Part II. Sermons by The Right Rev. LORD BISHOP of DOWN and CONNOR. The Very Reverend the DEAN of EXETER. The Rev. WILLIAM GRESLEY, M.A., Prebendary of Lichfield. The Rev. Sir G. PREVOST, Bart., M.A., Perp. Curate of Stinchcombe. The Rev. JOHN JEBB, M.A., Rector of Peterstow. The Rev. J. HILDYARD, M. A., Preacher at tBe Chapel Royal, Whitehall. Part III. Sermons by The Right Rev. the BISHOP of EDINBURGH. The Venerable R. I. WILBERFORCE, M.A., Archdeacon of York. The Rev. EDWARD CHURTON, M.A., Rector of Crayke. The Rev. J. H. TODD, D.D., Fellow of Trinity College, Dublin. The Rev. 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