/ / THE AND CHUECEWAEDEN'S GUIDE; BEING A MANUAL OF THE LAWS AFFECTING THE KELATIVE RIGHTS, POSITION, AND DUTIES OF THE CLERGY AND THEIR PARISHIONERS. INCLUDING THE LAW APPLICABLE TO NEW PARISHES AND ECCLESIASTICAL DISTRICTS. BY JAMES MURRAY DALE. FIFTH EDITION. EDITED BY CECIL C. M. DALE, Esq., of Lincoln's Inn, Barrister-at-Law. SEELEY, JACKSON, AND HALLIDAY, FLEET- STREET, LONDON. MDCCCLXIX. TO THE EEVEKEND THOMAS DALE, M.A., {Canon Residentiary of St. PauVs Cathedral^) THE PRESENT EDITION OP THIS WORK IS AFFECTIONATELY DEDICATED BY HIS SONS JAMES MUERAY DALE AND CECIL C. M. DALE. > PEEFACE TO THE FIFTH EDITION. Since tlie last edition of this book was published many important alterations have been made in the Laws of the Church, and several important decisions have been pronounced explanatory of those laws as already existing. The substance of these alterations and explanations, so far as they affect the Clergy and Churchwardens in the ordi- nary discharge of their duties, will be found in the following pages. In the present edition much practical matter has been inserted, which the extended experience of the Author, acquired as honorary solicitor to the Church Institution and other important Church bodies, has taught him is needed for the guidance of the Clergy, of Churchwardens, and of Churchmen at large. The best acknowledgments of the Author and viii PREFACE. Editor are due to the numerous correspondents who have favoured them with suggestions, and in particular to Mr. Charles LightoUer, of Manchester, for much valuable information. Great care has been taken to verify the Re- ferences in this edition, and an Index of Abbre- viations has been added. It is hoped that by these means the authorities cited will be rendered accessible to general readers. It has been found requisite to omit in many instances the names of cases, in order to confine the volume as nearly as possible within its ori- ginal dimensions without omitting other more important matter. A notice of the Charitable Trusts Act and the Endowed Schools Act of last session (which passed too late to be inserted in the body of the work), together with the Regulations of the Ecclesias- tical Commissioners relating to grants out of the common fund, will be found in the end of the work. CONTENTS. CHAPTER I. Page Of Convocation . . . . 1 CHAPTER II. Of the Canon Law . . . .4 CHAPTER III. Of the Clergy Generally . . .5 Incumbents . . .19 CHAPTER IV. Of Parishes and their Sub-Divisions. . 25 CHAPTER Y. Of Churches and Chapels . . .57 Patronage of . . . .67 Pews in . . . . .71 CHAPTER VI. The Officers of the Church . . .78 Churchwardens . . . , ib. CONTENTS. Page Sidesmen . . , .87 Parish Clerk . . . .88 Sexton . . . . .90 Beadle . . . . .91 Organist . . . . . ib. CHAPTEE yn. Of the Goods and Ornaments of the Church . . . . ,93 CHAPTEE Vin. Of Churchyards .... 101 CHAPTEE IX. Of Vestries ..... 107 CHAPTEE X. Of Eates ..... Ill Church-rates .... ib. Poor-rates. .... 128 Local Eates .... 131 CHAPTEE XI. Of Divine Service, the Offices, etc. . 133 Divine Worship . . . , ib. Marriages, etc. .... 137 Marriages generally . . .139 abroad .... 151 Divorce . . . . .153 CONTENTS. xi Page Burials . . . . .154 under Burial Acts . . .157 ,, Cemetery Acts . . 164 Baptism . . . . . ib. The Lord's Supper. . . .166 Churcliings .... 168 CHAPTER XII. Of the Ecclesiastical Commission . . 170 CHAPTER XIII. Of Glebe, Leases, etc. . . • 171 Improvement and Drainage of . .177 CHAPTER XIV. Of Parsonages and Dilapidations . .179 CHAPTER XV. Of Tithes, etc. .... 186 Easter Offerings and Surplice Fees. . 192 Firstfruits, Tenths, etc. . . . 195 Augmentations . . . .197 CHAPTER XVI. Of Charities ..... 201 CHAPTER XVII. Of Schools . . . . . 206 Sites for . . . . . ih. Endowed ditto .... 207 xii CONTENTS. Page CHAPTEE XYin. Of the Discipline, etc., of the Clergy Kesidence .... Eesignation Exchanges .... Pluralities .... Penal Discipline Sequestration Simony .... CHAPTER XIX. Of Offences against Religion . . 224 Apostasy . . . . . ih. Heresy . . . . , ib. Reviling Religion .... 225 Blasphemy .... 226 Swearing . . , . , ib. Religious Impostors . . , ib. Profanation of Lord's-day . . , ib. Profanation of Churches . . . 228 Obstructing Clergyman . . . 230 CHAPTER XX. . 210 . ib, . 212 . 213 . 214 . 215 . 220 . 222 Other Offences Disorderly House . Falsification of Registers 231 ib, 232 CONTENTS. xiii Page APPENDIX A. Peel's Acts and New Parishes Acts (with Notes), Act of 1843 . . . . .233 Act of 1844 . . . . .250 Lord Blandford's Act, 1856 . . .256 District Church Tithes Act . . . 275 District Church Tithes Act Amendment . 279 New Parishes and Church Building Acts Amend- ment . . . . .281 Tabular Yiew of Eights, and Status of New Parishes and Ecclesiastical Districts . . 288 APPENDIX B. Act for Annual Return of Rates, etc. . . 297 Recovery of Rates . . . 299 Compulsory Church Rate Abolition Act . .301 APPENDIX C. Church Discipline Act (with Notes) . . 307 APPENDIX D. Charitable Trusts Acts (with Notes) 1853 . 319 1855 . 362 1860 . 380 Roman Catholic Charities Act, 1860 . . 391 Endowed Schools Act, 1860 . . .395 Rules of Charity Commissioners (and see Appen- dix K.) . . . . . 397 XlV CONTENTS. Page APPENDIX E. Simony. ..... 401 APPENDIX F. Instances of Assignments and Transfer of Pa- tronage under Church Building Acts and New Parishes Acts. .... 402 APPENDIX G. Ordination Forms and Papers • . . 406 APPENDIX H. No. 1. Privileges of Clergy — Confession • 413 No. 2. Hints on Church Building . , 414 No. 3. As to Curates in Sole Charge • . 419 APPENDIX I. Regulations of Ecclesiastical Commissioners . 422 APPENDIX K. No. 1. Charitable Trusts Act, 1869 . . 427 No. 2. Endowed Schools Act, 1867 . . 433 INDEX OF ABBREVIATIONS. A. & E. Adolphus & Ellis's Keports. Add. Addams' Reports. B. & Ad. Barnewell & Adolphus' Reports. B. & Aid. Barnewell & Alderson's Reports. B. & 0. Barnewell & Cresswell's Reports. B. & S. Best & Smith's Reports. Beav. Beavan's Reports. Bing. Bingham's Reports. N. C, New Cases. Burn. Burn's Ecclesiastical Law, 9th edition. Can. Canons. C. B. N. S. Common Bench Reports, New Series. Co. Litt. Coke upon Lyttelton. Com. Dig. Comyn's Digest, 5 th edition. Cons. Rep. Consistory Reports, Haggard. Cripps. Cripps' Laws of the Clergy, 4th edition. Crui. Dig. Cruise's Digest. D. & S. Drewry & Smale's Reports. De Gr. & S. De Gex & Smale's Reports. Degge. Degge's Parson's Counsellor. E. & B, Ellis and Blackburn's Reports. East. East's Reports. E. B. & E. Ellis, Blackburn, and Ellis's Reports. Exch. Exchequer Reports. Gibs. Gibson's Codex. Godb. Godbold's Reports. Hagg. C. R. Haggard's Consistory Reports. Ecc. Haggard's Ecclesiastical Reports. Hawk. Hawkins' Pleas of the Crown. Hodg. Hodgson's Instructions. .xvi H. L. C. Inst. Jur., N. S. Lee. L. J. Lord Eay. L. T., N.S. Lynd. Madd. M. & S. M. & W. Mer. Moore P. C. N. R. Phill. Prid. Q. B. R. Eob. Bog. Russ. Salk. Shaw P. L. Sid. Smith's Par. Steer. Steph. Bl. Stra. Yent. Yes. Yes. sen. Yin. Wats. Wils. R. W. R. INDEX OF ABBREVIATIONS. House of Lords' Cases. Coke's Institutes. Jurist, New Series. 0. S., Old Series. Lee's Cases, temp. Lord Hardwicke. Law Journal. Q. B., Queen's Bench. C. P., Common Pleas. Exch., Exchequer. Ch., Chancery. M. C, Magistrates' Cases. Lord Raymond's Reports. Law Times, New Series Lynwoode's Provinciale. Maddock's Reports. Maule and Selwyn's Reports. Meeson & Welshy's Reports. Merivale's Reports. Moore's Privy Council Reports. New Reports. Phillimore's Reports Prideaux's Churchwarden's Guide, 11th edition. Queen's Bench Reports. Robertson's Ecclesiastical Reports. Rogers' Ecclesiastical Law. Russell's Chancery Reports. Salkeld's Reports. Shaw's Parish Law. Siderfin's Reports. Toulmin Smith's Parish. Steer's Parish Law, 3rd edition. Stephens' Blackstone, 5th edition. Strange's Reports. Yentiis's Reports. Yesey's, jun., Reports. Yesey's, sen., Reports. Yiner's Abridgement. "Watson's Clergyman's Law. Wilson's Reports. Weekly Reporter. THE LAWS AFFECTING THE CLERGY, CHUECHWAEDENS, ETC. CHAPTEE I. Of Convocation. The Sovereign is head of the Church (by statutes 26 Queen's su- Hen. VIII. c. 1, and 1 Eliz. c. 1), and as such con- p^®^^^^- venes, prorogues, restrains, regulates, and dissolves all ecclesiastical synods or convocations. The two Convo- Summons cations for the provinces of Canterbury and of York tion. are in the nature of a Parhament, all the lower orders of clergy having representatives therein, who share with the dignitaries the right of making canons for, and, in theory, of taxing the possessions of, the Church (Cripps, 23). In the primitive Church the laity were present at all synods. • All Deans and Archdeacons are members of the ^^^^"^^ convocation of their province ; each chapter sends one proctor or representative, and the beneficed parochial clergy in each diocese in Canterbury send two proc- tors ; but on account of the small number of dioceses 1 OF CONVOCATION. in the province of York, each archdeaconry there elects two proctors. In York, the convocation consists only of one house ; in Canterbury, two houses ; the arch- Upper bishop and bishops forming the upper, and the lower Lower consisting of deans, archdeacons, and the proctors for House. chapters and for the parochial clergy. Powers of. Convocation is a Court (4 Inst. 322), and can only be summoned by the King's writ (3 Com. Dig. 148). It has jurisdiction in mere spiritualibus (3 Com. Dig. 149). It cannot, however, make any canons, or even confer^ for that purpose, without licence from the Sovereign ; and even then canons must not be repug- nant (a) to the King's prerogative ; (b) to the common law ; (c) to the statute law ; nor (d) to any custom of the realm (2 Inst. 599, 647, 653; 2 Atkins' Reports, 662 ; 2 Yent. 44). Subject to these limitations, canons made in Convocation bind the clergy, but not in tem- poral matters (20 Hen. YI. 13; Middleton v. Croft,' Rep. temp. Hard wick, 333). It would seem that convocation cannot alter such of the canons as are declaratory of the law of the land without an Act of Parliament ; and as the Act of Uni- formity makes the Book of Common Prayer and the rubric part of the statute law, an Act of Parliament is necessary to any alteration of them (Strange, 1056); nor can convocation make any canon altering the law as against either clergy or laity without an Act of Parliament. (lb.) 1 Convocation may pass resolutions recommending that an altera- tion of the law, of which the canons are declaratory, be made by Act of Parliament. As to the necessity for the royal licence, see Cardwells Synodal ia, preface, p. ix. OF CONVOCATION. 8 Convocation may declare what opinions are heretical, but it is doubtful whether it can convene and convict the heretic (1 Hawk. c. 26. § 3; 1 W. & M. c. 18, § 11 ; 31 Geo. III. c. 32, § 3 ; 53 Geo. III. c. 160). It also has jurisdiction to make fasting days, holy days, &c. (3 Com. Dig. 148 ; and see Wheatly, Com. Prayer). The Lords and Commons used formerly to send to Consulted Convocation for advice in spiritual matters, nient. Since the 16 & 17 Car. II. c. 17, the clergy have not taxed themselves in convocation ; on the other hand, they vote for knights of the shire in Parliament, a privilege that did not formerly belong to them. (See § 36.) Convocation, though still regularly summoned, has 'ceased in fact to exercise any legislative power. (See Burn, Eccl. Law, Convocation ; and Law of Con- vocation, Pearce, published by Sweet.) CHAPTER II. Of the Canon Law. The Canons are ecclesiastial laws, consisting of (a) Legatine. legcitine constitutions, or ecclesiatical laws made in Provincial national synods ; and {h) oi provincial constitutions, or decrees of provincial synods. (See Reeves, Hist. Eng. Law, vol. i. p. 66, and Burn, E. L. pref. p. xxii.) By the 25tli Henry YIII. c. 19, and 1st Eliz. c. 1, it was enacted, that the canon law should be reviewed (which was never done), and that until such review, all canons, then existing, and not repugnant to the law of the land or the king's prerogative, should still be used Which bind ^ud cxecuted. Siicli cauous, therefore, are binding on theiaity. clergy (Strange, 1060). Canons made since that Act, and not sanctioned by statute, are of no force as regards the laity (Steph. Blackst. vol. i. p. 67). Which do The 141 canons enacted in 1603 (the first year of King James) have been held not to be binding on the laity, unless where declaratory of the ancient usage and law of the Church of England." {Ih.) They, however, bind the clergy (1 Burn, Eccl. Law, pref. XXX.). They were collected out of the preceding canons, and constitute the present standard of the Established Church.^ [Ih, n. a., and see 29 Law Jour- nal, N. S. C. P. 354 ; 8 Jurist, N. S. 1061. See Eng-, lish Church Canons by Davis. Sweet.) 1 By virtue of Royal license the 36th, 37th, 38th, and 40th Canons have been altered by convocation in accordance with the Clerical CHAPTER III. Of the Clekgy. Division (a). — Generally, The Clergy are such only as are admitted into of theciergy Holy Orders ; and the three orders are Bishops, generally. Priests, and Deacons (Blackst.). They must be ordained according to the form in the Book of Com- mon Prayer (which see) ; and no person ordained by a foreign bishop can officiate here without permission from the archbishop, or be admitted to a benefice without the permission of both archbishop and bishop (59 Geo. ni. c. 60, § 3). None can be ordained Ordination, deacon under twenty-three years of age, or priest deri^ under twenty-four years (13 Eliz. c. 12, and 44 Geo. in. c. 43), and ordination at an earlier age is void (Cripps, p. 10). The Archbishop of Canterbury might formerly admit deacons earlier by faculty or dispensation, but it is not so now. A man ought regularly to be deacon for a whole year before he is ordained priest, but the bishop may ordain sooner if he please (Rubric). The bishop is the sole judge as to the candidate's moral and personal qualifications (Cripps, p. 9) ; but the candidate, whether for deacon's or priest's orders, is to produce testimonials either from his college, Subscription Act, 1865 (28 & 29 Vict. c. 122). The 29th Canon has also been altered, but such alteration has not been confirmed by Act of Parliament. OF THE CLERGY GENERALLY. or of three or four ministers, together with the testi- monials of other credible persons," who have known him three years previously. If he has left college, notice of his intended ordination (known as a Si quis ") must be published in the church of the parish in which he has usually resided, five weeks before the day of ordination. Title to Or- This may be either (a) a presentation to some eccle- siastical preferment in the diocese then vacant, or (b) a certificate that he is either provided of some church in the diocese, with cure of souls, or of some minis- ter's place, vacant in the cathedral or some other col- legiate church in the diocese, or that he is a Fellow or chaplain in Oxford or Cambridge ; or ^ M.A. of five years' standing, living in the University at his own charge ; or when the bishop himself intends to admit him to some benefice or curacy (Can. 33). Notice Notice in writing of the intention to apply for orders must be given to the bishop (varying, in different dioceses, from three to twelve months), stating the candidate's name, age, college, degree, residence, and references as to fitness. Degree. Further, the candidate must have taken some degree of school in Oxford or Cambridge ; or, at the least, be able to yield an account of his faith in Latin, or have special gift or ability to be a preacher (13 Eliz. c. 12). Legal The following papers should in ordinary cases be papers. transmitted by candidates for orders to the bishop's secretary one month previous to ordination (a) for deacon's orders, 1, Certificate of Baptism, or statutory declaration by the candidate's father, mother, or next ' But this is not, in practice, allowed as a sufficient title. OF THE CLERGY GENERALLY. 7 friend, to prove tlie place, day, and year of his birth and baptism; 2, Certificates as to university degree, theological examinations, etc.; 3, College testimonials ; 4, Testimonial for the time elapsed since the candidate left college (see form in Appendix G.); 5, Si quis, attested by the officiating minister and churchvi^arden (see Appendix G-.) ; 6, A nomination to a curacy ac- cording to one or other of the forms in Appendix G. (b) The papers for priest's orders are, 1, Testimonial for the time since the candidate's ordination as deacon ; 2, Si quis, as above ; 3, Nomination to a curacy or presentation to a benefice, unless the candi- date be already licensed in the diocese. * Under the Clerical Subscription Act, 1865, 28 and Subscrip- 29 Yic. c 122, § 4, every candidate for ordination is re- quired to subscribe the declaration of assent contained in that Act (§ 1), and to take the oath of allegiance, the form of v^hich has been recently altered by the 31 and 32 Vic. c. 72, § 8. Forms of these will be found in Appendix G. No bishop shall ordain any who is not of his own in which diocese, unless (a) he be a Fellow, or in right as a Fellow of some college, or (h) bring letters dimissory ^^^^^p*^^^^ from his own bishop (Can. 34). In the former case the candidate should nevertheless seek orders from the bishop in whose diocese the college is. (In cases of vacancies of the sees and peculiars, see Cripps, p. 15.) Persons, including aliens, may be ordained for ^^^^^^^ 1 The above information and the forms, etc., in Appendix G., are taken from the London Diocese Book, published by Messrs. Riving- tons, a valuable and inexpensive little book which all candidates for ordination would do well to procure. 8 OF THE CLERGY GENERALLY. functions abroad only by the Bishop of London (or other bishop appointed by him), without the oath of For the supremacy (24 Geo. III. c. 35), and for the Colonies^ Colonies. archbishops, or the Bishop of London, or bishop appointed by them, if found specially qualified on examination (59 Geo. III. c. 60, § 1). Persons so ordained cannot officiate in England without the consent of the bishop of the diocese {Ih. § 2 ; and see 3 & 4 Yict. c. 33, § 1). As to Scotch and American clergy, see Chap. XI. § 1. Ordinations are generally on the Sundays next fol- lowing the Ember weeks. Fees, No fees exceeding 10s, for the license shall be taken for admitting to holy orders (Can. 135). There are incidental expenses of about 505. The letters of orders are to be produced to the bishop at his first visitation after admission (Can. 137). Ordera No man being admitted a deacon or minister can linquishecL Voluntarily relinquish the same " (Can. 76); and ^Hhough he become a dissenter, he is subject to canonical obedience to his bishop for what he may do according to the rites and ceremonies of the Church of England" (Barnes v. Shore, 8 Q. B. E. 640, per Lord Denman), notwithstanding the Toleration Acts. Deacons. A deacon may perform all the offices and duties enjoined in the Liturgy except pronouncing the abso- lution and the blessing, consecrating the elements and delivering the bread, administering adult baptism, and perhaps also solemnizing matrimony (Burn, Eccl. Law 3, p. 59). He may be a curate to a beneficed clergy- man, a lecturer in a parish church, or chaplain in a private family ; but he cannot be admitted to a benefice, OF THE CLERGY GENERALLY. or take any ecclesiastical preferment, although he may- be presented to a living (13 & 14 Car. II. c. 4, § 14). A clergyman is exempt from serving on a jury ; nor Privileges, can he be compelled to serve any temporal office ; he may not be arrested in civil suits during his attend- ance on, or in going to, or returning from, divine service, or in carrying the sacrament to sick persons (Blackst. by Stephens, vol. iii. p. 4), or in attending visitations. A clergyman (whether rector, vicar, or curate, or only temporarily acting as curate) is free from toll when on parochial duties, both going to or returning from visiting any sick parishioner, or on other his parochial duty within his parish, although the toll- gate be out of the parish (3 Geo. IV. c. 126, § 32 ; Temple y. Dickenson, 32 Law Times, p. 90, Q. B. ; 28 Law J. M. C. 10). If bona fide going to visit a sick person, he does not lose his exemption by taking his wife and daughters with him. (Layard v, Ovey, 37 L.J. N.S. M.C. p. 146). The acts of clergymen, as such, do not justify free comments, as in the case of other public men (15 M. & W. 319); and if the matter is libellous, the publicity of the clergyman's position or conduct is no justification of the libeller. But this apparently does not extend to their acts as parish offi- cers, dealing with parish property; see the case of Kelly V, Tinley, 13 L.T. N.S. p. 255, where it was held that a dispute between an incumbent and a churchwarden, as to the use to which the former had put the vestry, was matter of public comment. As to the duty of a clergyman to disclose facts revealed to him by way of confession, see Appendix H. A clergyman cannot be elected a Member of Parlia- Disabilities. OF THE CLEEGY GENERALLY. ment (41 Geo. III. c. 63), or Councillor, or Alderman (5 & 6 Will. lY. c. 76, § 28) ; or appointed a Justice of the Peace, saving, however, the rights of the Crown, which renders the restriction null (3 Burn, Farming. 343^ Cripps, p. 67). He cannot (1 & 2 Yict. c. 106, § 28), whilst holding any cathedral preferment, or benefice, or curacy, or lectureship, or whilst licensed to or otherwise allowed to perform any ecclesiastical office, farm on his own account more than eighty acres, without the bishop's special written license ; or Trading. engage in, or carry on, any trade or dealing for gain or profit (§ 29), unless with six other partners or more, or unless his share in the undertaking come by in- heritance or representative title, and then not as •director or manager, or in person (§ 29): but he may be a schoolmaster, and so deal in books ; or a director, partner, or shareholder in a benefit or insurance society; and may sell minerals, etc., the produce of his own land ; but not in person, if the sale be in open market : he may also be a member in a banking -copartnership (4 Vict. c. 14), but not a manager or director, or personally act therein. (See further Ste- phens' Laws of the Clergy " in loc.) A j^lergyman so illegally trading may be suspended for a year for the first ofience ; for the second ofi'ence, 60 long as the judge shall think fit ; and for the third ofi*ence he shall be deprived (1 & 2 Yict. c. 106, § 30) ; but his contracts are, nevertheless, valid, and such a trading renders him subject to the bankrupt laws^ (4 Ell. & Bl. 917). ^ Clergymen and other non-traders may now be made bankrupt under the 24 & 25 Vict. c. 133. OF THE CLERGY GENERALLY. 11 The several Divisions of the Clergy with which we ^everai Divisions have to do are Eectors, Yicars, Perpetual Curates, Lecturers, Chaplains, and Stipendiary Curates.^ Kector " and Parson " are synonymous terms. Rectors. The parson is a corporation sole, and has for his life the freehold of the parsonage house, glebe, and tithe, and other dues, when not appropriated (Co. Litt. 300). Originally, the Eector could authorize a Yicar to offi- ciate under him : thus two clergymen were instituted to the same church, and had cure of souls. Out of this sprang sinecure rectories ; but these, under the 3 & 4 Yict. c. 113, § 48, are in gradual course of extinction as they become vacant. Yicars were originally mere stipendiary curates, vicars. appointed by the spiritual corporation who held the revenues of the benefice, and generally were of their number, and removable at their pleasure. However, by the 4th Hen. lY. c. 12, they were declared to be not so removable ; they were to be regularly in&tituted and inducted, and to be sufficiently endowed. The endowment under this statute was generally a portion of the glebe and the small tithes (Cripps, 155). A Rector, then, generally has all the dues within his parish ; a Yicar has part only, the better portion belonging to the Rector or appxopriatoro During a vacancy of the vicarage, it may be united to the rectory by the Ordinary and the Rector (Degge, 246). Perpetual Curates (most of whom have now obtained Perpetual Curates. 1 We may mention, that upon a clergyman being consecrated a bishop, all his preferments in general become void, and the Crown presents to them (Cripps, 85) . OF THE CLERGY GENERALLY. the title of vicar under the recent statute, 31 & 32 Vic. c. 117, see Appendix A.) appear in their origin to have been those who did not become Vicars under the 4th Hen. IV. c. 12 (Rogers's Eccl. Law, p. 56-n.). After the dissolution of the monasteries, the lay im- propriators had to provide for the cure of souls, and nominated curates, who were licensed to the cure, and thus hecB,me j^eiyetual, i.e., only removable by revoca- tion of the license. By the 1st & 2d Vict. c. 106 (the Benefices Pluralities Act), Perpetual Curacies are de- clared to be benefices ; they are not, therefore, tenable with other benefices, and the incumbents are liable, as such, for dilapidations (see Dilapidations"). A Perpetual Curacy of ancient foundation may be distinguished from a mere ancient chapelry by its possession of parochial rights — as rights of baptism and burial, the non-liability of the inhabitants in its district to be rated to the mother-church, and the right of the incumbent to small tithes and surplice-fees (2 Ves. Sen. 427). It is apprehended that these perpetual curacies have almost without exception become vicarages" under the recent statute. The incumbents of the various ecclesiastical parishes and districts under the Church Building Acts and New Parishes Acts were also formerly, and many of them still are, Perpetual Curates ; they are bodies corporate, with perpetual succession, and therefore may have grants made to them and their successors in office ; and the freehold of their churches, burial-grounds, etc., vests in them. They are licensed and removable as other Perpetual Curates. OF THE CLEKGY GENEKALLY. 13 Inasmuch as the alteration introduced by the 31 & 32 Vic. c. 117 is expressed to be for the purpose of style and designation" only, it would seem that perpe- tual curates converted into vicars by that Act will be licensed and removable as before. All Peers, as well as certain Commoners, are allowed rrivate - ^ T nn \ Chaplains. by law (accordmg to their rank and office) to retam" one or more j^^'i^'^te Chaplains. Thus an archbishop may have eight ; a duke or bishop, six ; marquis or earl, five ; a viscount, four ; the Lord Chancellor, three ; a baron, three ; the Master of the Rolls, the King's Secretary, Treasurer, Dean of the Chapel Royal, and Almoner, each of them two ; the superior judges, the Chancellors of the Exchequer and the Duchy of Lan- caster, the Attorney and Solicitor General, etc., each of them one chaplain. (See Can. 71, Barnes v. Shore 1, Rob. 382, and 18 & 19 Yict. c. 86, § 1, as to offici- ating in private houses.) These are appointed under the Poor Law Amendment Union Act (4 & 5 W. IV. c. 76, §§ 46 & 109), and are officers of the union as defined by that Act (§ 109). The Poor Law Commissioners may order the guardians of a union to appoint a chaplain for any workhouse (1 Q.B. 130), and may remove him wdthout any further consent from the bishop or other ordinary (7 L.T. Rep. N.S. 599). A clergyman, lawfully appointed chaplain to a workhouse, may perform the full duties of a chaplain by reading prayers, etc., to the inmates of the union, without the consent of the incumbent of the parish (8 L.T.N. S. 331). The status of army chaplains has been recently Army regulated and defined by the 31 and 32 Vic. cap. 8. By this Act the Queen has power, on the recommenda- OF THE CLEEGY GENEKALLY. tion of one of her secretaries of state, to convert tfte precincts of any military station into an extra-parochial place for the purposes of the Act (§ 4), and a chaplain may then be appointed by the Secretary of State to do duty in any chapel within the precinct (§§ 6, 7, 8). The scheme for setting out the precinct must, however, be sent to the incumbent and patrons of the parish in which the station is situated (§4). Lecturers. Locturers are spiritual persons licensed to perform divine service in a parish church at times other than those when it is to be performed by the incumbent or his curate" (Cripps, 159 ; and see Appendix G.). The incumbent may object to the appointment of any particular person as Lecturer ; and even where the lectureship is endowed, and has an indisputably legal origin, and has been repeatedly filled, the assent of each successive incumbent is necessary before the Lecturer can officiate (1 Term Kep., Durnford and East, 333 ; 2 Eden's Kep. 360) ; and that, too, although the bishop has licensed the Lecturer (Cripps, 162). It is, perhaps, doubtful if the incumbent can, ivitli- out due reason assigned, refuse his consent. The bishop may, however, refuse to license, i,e, if there be a sufficient reason, otherwise the Court of Queen's Bench would interfere (15 East, 117) ; and he may revoke his license at any time (2 Curteis, 391). The Lecturer must be licensed by the bishop of the diocese in which the lectureship is (Can. 36). By the 28 and 29 Vict. cap. 122, sec. 6, he must, before obtaining such license, make and subscribe the declaration of assent, and the declaration against simony, and take the oath of allegiance in the presence of the OF THE OLEEGY GENERALLY. 15 bishop. He must also take the oath of canonical obe- dience. For forms of these see Appendix G. In London the Lecturer is frequently chosen by election, either by the vestry or the chief inhabitants, or the parishioners at large (Rogers's Eccl. Law, 493). The bishop may, under the 7th & 8th Yict. c. 59, § 1, with the incumbent's consent, compel Lecturers to perform such other ministerial or clerical duties within the parish as he may think proper (and see 18 & 19 Vict. c. 127, § 12). A Stipendiary Curate is a minister who is employed stipendiary by an incumbent, at a fixed stipend, to assist him, or to officiate for him in his absence, in the parish church, or in a chapel of ease thereto or within his parish. By the Clerical Subscription Act, 1865 (28 & 29 Vic. c. 122), he must, before obtaining such license (§ 6), present to the archbishop or bishop by whom the license is to be granted the stipendiary curates' declaration (see Appendix G.), signed by himself and by the incumbent of the benefice to which he is about to be licensed. After being licensed he must (§ 8), in the presence of the bishop or his commissary, make and subscribe the declaration of assent, which he is also required again to make in the presence of the congregation on the first Lord's-day on which he officiates in the church which he is licensed to serve. He must be previously licensed by the bishop in the usual way (see Hodgson's Instructions, pp. 12 and 13). He must also take the oath of canonical obedience (see Appendix G.). He is moreover required to send in his nomination letters of orders and letters testi- monial from three beneficed clergymen to the bishop. 16 OF THE CLERGY GENERALLY. If he remove from one diocese to another, he must ob- tain, before he serve in the latter, testimonials as to his fitness from the bishop of the former (Can. 48). His rights and duties are regulated by the provisions of the 1st & 2d Yict. c. 106, §§ 75 to 102, which are in effect as follows : — Compulsory The appointment of a curate is compulsory, and the appoint- , ^ ^ . . ment. bishop may appoint one absolutely : (a) if the incum- bent is non-resident, or be absent for a period or periods exceeding altogether three months in any one year without the bishop's consent or a legal exemption ; or (b) if his curate has died or has resigned, and he neg- lects for one month to give notice to the bishop ; or if he has appointed no successor for four months (in some cases the curate appointed by the bishop is to be resi- dent, § 76) ; or (c) if the bishop shall see reason to believe that the duties of the cure are not adequately performed," and, upon inquiry, it shall be so reported ^. by a commission of four clergymen of the diocese (one being the rural dean), to whom another (of the diocese) may be added by the incumbent (§77). The incumbent, however, may appeal to the archbishop within one month after requisition made upon him to appoint a curate, (d) Whenever the annual value of a benefice exceeds 500Z., and the population amounts to 3,000; or though less than 3,000, if there is a second church or chapel of ease in the parish, situate within two miles from the mother-church, with a hamlet or district of 400 persons, although the incumbent may be resident. (^) If an incumbent of a benefice with a population ex- ceeding 2,000 has become so since 20th July, 1813, and is non-resident (and in this case the bishop may OF THE CLERGY GENERALLY. 17 nominate two curates, or a second curate) (§ 85). (/) So, also, if a benefice is under sequestration (except for providing a parsonage), and the incumbent does not perform the duties (§ 99), or during a vacancy (§§ 100, 101), or if the incumbent is found lunatic (§ 79). In all these cases the bishop may nominate a curate. In all cases of compulsory appointment the stipend is fixed by the license, and the bishop can compel pay- ment, if necessary, by monition and sequestration. If the incumbent is non-resident, the bishop fixes the stipend, subject to certain wholesome restrictions, speci- fied in detail in the Act (§ 83). All agreements for stipends less than those specified by the Act or by the license are utterly void (§ 90). If an incumbent is non-resident for four months, and has been required to reside by the bishop, the latter may assign the parsonage-house, glebe, etc., rent-free, to the curate. These are generally 13s. &d,, and 10s, 6cZ. extra for a Fees for . . ?p . *; Curates' Li- commission, ii issued. cense. The curate can only quit on giving three months' ^ notice to the incumbent and the bishop, unless with the office, written consent of the bishop, upon pain of paying the incumbent a sum not exceeding six months' stipend, at the discretion of the bishop (§ 98). Any incumbent, with the bishop's consent, but not otherwise, may require his curate, if licensed after the 14th Aug., 1838, to quit on six months' notice (§ 95). And if the bishop refuse his consent, a resident incum- bent may appeal to the archbishop (ih.). The notice must be served on the curate personally, by delivering a copy and producing the original, which must then be 2 OF THE CLEEGY GENERALLY. returned to the consistorial court, with an aiSdavit of the time and manner of service (§ 112). Licensed The curate's license does not cease on the avoidance of the incumbent; but, after a vacancy, the licensed Eevocation curatc must quit the curacy on six weeks' notice from the new incumbent, when admitted or instituted, pro- vided the notice is given within six months from such admission (§§ 95, 96). But in the' case of district churches and chapelries, and of churches without dis- tricts built under the Church Building Acts, the curate's license continues in force, notwithstanding the avoidance of the living, until revoked by the bishop (1 & 2 Yic. c. 107, § 13; and 8 & 9 Vic. c. 70, § 18). The bishop may at any time revoke a stipendiary curate's license (after giving him opportunity to show cause to the contrary), and even for matter not cogni- zable under the Discipline Act. The curate, however, may, within one month, appeal to the archbishop (1 & 2 Yic. c. 106, § 98), who must hear the appeal (5 Jurist, N. S., 958, 522). There is no final appeal to the Privy Council (14 Moore, P.C., 262). So the bishop may re- voke the license of a curate of an unconsecrated chapel (2 Curteis, 291). A licensed curate appoints the parish clerk during a vacancy or the suspension of the incumbent (4 Ell. & Bl. 105), and, it is said, the minister's churchwarden also (2 Strange, 1246 ; 2 Vent. 41). UnUcensed An Unlicensed curate may be discharged according Curate. terms of the agreement between him and the in- cumbent. If no written agreement, a yearly engage- ment would probably be presumed in law. But every curate should be licensed (Can. 48). AS TO INCUMBENTS. 19 The declarations, oaths, etc., to be made and taken Preachers, by preachers are the same as in the case of lecturers (^supra, p. 14). It may be mentioned that by the 3 & 4 Yic. c. 113, Qualification § 27, no person is to be capable of receiving the ap- ciergy. pointment 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. Division (h), — As to Incumbents. The incumbent, whether rector or vicar, may fell the Felling trees trees in the churchyard for the repair of the church ; ^rds^^^ sed qucere v^^here the rector and vicar are different persons (Cripps, 488). The incumbent alone can give license to bury in the body of the church, (See Chap. Y.) Every incumbent must be presented, admitted, insti- Appoint- tuted, and inducted, except in the case of Donatives, infra. Presentation is the offering of the clerk to the ordi- Presenta- nary by the patron or proprietor, and must be in writ- ing (1 Burn, 137, 149). A deacon, and even a layman, may be presented, but he must he in priest's orders before admission {ih, p. 103). The patron cannot pre- sent himself, but the bishop admits him on his own peti- tion. The bishop examines the person presented (as he may also where the presentee is already in orders), as to age, learning, behaviour, and orders. The presentee may be refused by the bishop for any particular heresy, or vice malum in se, or want of learning (1 Burn, AS TO INCUMBENTS. E. L. 157) ; or a presentation may be revoked before institution (1 Yes. Sen. 81). During the vacancy of a see, presentations, etc., may be addressed to the archbishop of the province or guar- dian of the spirituaHties. Admission Admission follows by the bishop if the presentee is and Institu- t - - > , tion. approved; and dj institution the cure, as to spirituals, is committed to him ; and he may enter the parsonage and glebe, and take the tithes, but not let them till inducted (Wats. c. 15). On refusal of admission, the clerk can appeal to the archbishop or Privy Council (Gorham v. Bishop of Exeter). As to grounds of refusal see 8 Steph. Blackst. pp. 28 and 29. The cure is " full " by institution. A bishop cannot demand before he insti- tutes a testimonial from another bishop in whose dio- cese the presentee has had cure of souls (29 L. J. 354 ; Fee"- 8 Jurist, N. S., p. 1061). The fees on institution to livings are £7 135. 6cZ. and £1 lOs. extra if a commission is issued. The fees on license to a perpetual curacy are d64 9s., and J61 Is. extra if a commission is issued. The ad valorem stamp on institutions and licenses to perpetual curacies is put on the presentation and nomi- nation respectively ; in the case of collations only it is attached to the instrument itself. Induction. Induction is the giving actual possession of the tem- poralities of the church, as by tolling the bell, etc. No person can be parson, vicar, etc., or be admitted to any benefice with cure, until twenty-four years of age at least and a deacon (13 Eliz. c. 12, § 8; 44 Geo. III. c. 43, § 1; 3 Burn, 44, 5). Before institution he is re- quired, under 28 and 29 Vic. c. 122, § 5, and 31 & 32 Vic. c. 72, § 8, to make the declarations of assent AS TO INCUMBENTS. 21 against simony, and take the oath of allegiance, accord- ing to the forms in Appendix G. The archdeacon generally makes the induction, and may be compelled to do so after institution by manda- mus, or through ecclesiastical censure (Gibs. 815). If the church be exempt from archidiaconal jurisdic- tion, the chancellor or commissary inducts ; if a peculiar, the judge of the peculiar. Induction avoids a benefice previously held (2 Wils. R. 174). As to the mode of induction, see Hodgs. Instruc- tions, 30. In the case of advowsons donative the clerks acquire Donation the living by the patron's deed of gift, without presenta- tion, institution, or induction (Co. Litt. 344 a). On the first Lord's-day after institution, or such Reading in. other Lord's-day as the ordinary may appoint and allow, the incumbent must, in his church, publicly read to the congregation the Thirty-nine Articles ; and, immediately afterwards, make the declaration of assent (see Appedix G.), adding, after the words Articles of Eeligion" therein, which I have now read before you," as required by the Clerical Subscription Act, 1865," sec. 7 ; omvilful default whereof he absolutely forfeits his benefice (ib.). It is well to obtain from the churchwardens a certi- ficate of this having been done ; a form is supplied by the bishop's secretary. Collation is where the bishop is the patron, when he CoUation. does not present," but institutes at once (Steer, 87). The patron's right to present lapses to the bishop if Lapse, not exercised for six calendar months from the church AS TO INCUMBENTS. becoming void, exclusive of the day of avoidance ; and so from the bishop to the metropolitan, and from him to the Crown, for a like further delay in each case (3 Steph. Bl. 72). In some cases the six months run from notice from the ordinary to the patron, of the avoidance ; viz., where it occurs with the privity of the ordinary and incum- bent, as by deprivation or resignation, and where the bishop refuses to present the nominee of the (lay) patron (2 Burn's Eccl. Law, p. 355) for some matter of an ecclesiastical, not temporal, cause, as, for instance, heresy, want of learning. If the patron be an ecclesi- astic, he is not entitled to any notice of refusal (Wats, c. 12 ; 15 East, 143), whether it be on ecclesiastical or temporal grounds. By the Clerical Subscription Act, 1865 (28 & 29 Yic. c. 122), no title to present by lapse is to accrue by reason of any forfeiture from non-compliance with the provi- sions of sec. 7, as to reading in {supra, p. 21), until the ordinary has given six months' notice thereof to the patron. Donatives do not lapse, but the bishop can compel the patron to fill them (2 Burn's E. L. 363). Avoidance. This is either by {a) death, {b) by taking another benefice with cure of souls (1 & 2 Vic. c. 106, and 13 & 14 Vic. c. 98), (c) by consecration to a bishopric, [d) by resignation when accepted by the ordinary (Cro. Jac. 198), or {e) by deprivation by some civil or eccle- siastical offence (3 Steph. BL 37). Cure of The incumbent of every benefice with cure has ex- elusive cure of souls. It is an ecclesiastical offence for any clergyman publicly to read prayers or perform AS TO INCUMBENTS. 28 divine offices according to the rites of the Church of England in any benefice without the license of the bishop, and also the consent of the incumbent, unless authorized under the Church Building or New Parishes Acts or other Act of Parliament (Can. 71 ; 15 East, 142 ; Freeland v. Neale, 1 Rob. 643) ; but see 18 & 19 Yic. c. 86, § 1, making exceptions in the case of services performed by the incumbent or curate, or in a private dwelling house, or only occasionally in any building not usually appropriated for divine worship. Registers are kept throughout the country of births. Duties in baptisms, marriages, deaths, and burials. The clergy Eegisters, are responsible only for the registry of baptisms, mar- riages, and burials. They are custodes of the registers, and should not part with them, or suffer them to be inspected unless in their presence. The rector, vicar, curate, or officiating minister is bound to make and keep a register of all baptisms and burials within his parish or chapelry, each in a separate book (52 Geo. III. c. 146), and of such marriages as are solemnized in facie ruhriccB, Copies of the register of baptisms and burials are to be sent annually to the registrar. The registrar supplies the register book of marriages in duplicate, and one of the duplicates is to be sent quarterly to the superintendent-registrar, and by him to the general register office. (See also Chap. XI. § 2.) Every rector, vicar, or curate who shall have the keeping of any register book must at all reasonable times allow search to be made therein. Copies of extracts from parish registers signed by Extracta 24 AS TO INCUMBENTS. Place of custody of Register. Errors. the rector, vicar, or curate of a parish are receivable in evidence in courts of justice under the 14 & 15 Vic. c. 99, § 14. (See 22 L. J. Ch. 177, and 25 L. J. Ch. 688.) The fees are — for every search extending over a period not more than one year, one shilling ; sixpence additional for every additional year ; and two shillings and sixpence for every single certificate (6 & 7 Wm. IV. c. 36, § 35). This must be in a dry, well-painted iron chest, to be provided by the parish, and to be kept locked in some dry, safe, and convenient place within the usual place of residence of the incumbent (if within the parish or chapelry), or in the parish church or chapel (52 Geo. III. c. 146, § 5). As to correction of errors, see *^ Marriages," Chap XI. sec. 3, div. 1 ; and Chap. XX. div. 2. CHAPTER lY. Of Paeishes. Parishes and their Subdivisions} England is, for ecclesiastical purposes, divided into two Provinces, each Province into Dioceses, each Dio- cese into Archdeaconries, each Archdeaconry into Rural Deaneries, each Deanery into Parishes. With the last division alone we have now to do. Parishes are either {a) Ancient or Original Parishes ; Parishes; or (h) Statutory Parishes, i.e. Parishes formed either o?(6)^stX^- under a Special Act of Parliament, or under General Acts, as the Church Building Acts and the New Parishes Acts. Those formed under Special local Acts statutory- are generally made parishes for civil as well as ecclesias- cMf^or 'ec- tical purposes ; those under the General Acts are made ^^^^^^^^i^ai- parishes for ecclesiastical purposes only. Each class, however, is for all ecclesiastical purposes governed by the general law, except only so far as it may be varied or controlled by the provisions of the Act, or Acts, referred to. It may be mentioned here, that under the 1st & 2nd union of Vict. c. 106, the 13th & 14th Vict. c. 98, and the 18th & 19th Vict. c. 127, two or more benefices may be united together for ecclesiastical purposes, where it ^ See Tabular Statement in Appendix B., and Hints on Church Building in Appendix H. 26 PABISHES, AND THEIR SUBDIVISIONS. may prove to be to the advantage of the interests of religion ; certain consents and formalities being neces- sary. And in like manner united benefices may be again subsequently disunited (8 & 9 Vict. c. 70, § 5). Parishes have, in the present century, been sub- divided, for ecclesiastical purposes, into {a) Distinct and Separate" parishes; {h) District'" Parishes; (c) District Chapelries ; (d) Consolidated Chapelries ; {e) Particular or Patronage Districts ; (/) Peel Districts ; [g) Peel Parishes ; (/^) New Parishes for Ecclesiastical Purposes ; (i) Separate Benefices ; {k) Chapelries. Ancient The Aucieut Parish is defined as being that circuit Parishes. ... of ground which is committed to the charge of one parson or other minister, having cure of souls therein" (1 Blackst. Comm. 113). Their origin is obscure, but is doubtless of great antiquity, and purely ecclesiastical. Their boundaries generally accord with those of manors ; for, though several manors are not unfrequently found in one parish, we seldom find more parishes than one in a manor. They were originally formed for ecclesias- tical purposes only, although the division has been adopted for civil purposes. As regards civil purposes, this division has remained unchanged, except in a few instances under special local Acts of Parliament. There are about two hundred extra-parochial places, which were chiefly the sites of royal palaces, ancient castles, or religious houses, and thus were never united to any parish. Boundaries. It is usual to perambulate the parish annually ; and if done only once in three years, the expenses may be paid out of the j^oor-rate (7 & 8 Yict. c. 101, § 63.) On beating the bounds, lands and houses may PABISHES, AND THEIR SUBDIVISIONS. 27 be entered, if on the necessary track (7 Ad. and Ell. 412). As to ancient parishes, it is unnecessary further to enlarge. The rights and status of their incumbents sufficiently appear under their appropriate heads. We may mention that, under the 3d Geo. IV. c. 72, § 13, vicarages may be converted into rectories v^herever the owner will restore the rectorial tithes, glebe, and other rectorial rights, etc. ; and this applies (where vicarages have been divided under the Church Building Acts) to the separate divisions (and see § 14). In the early part of the present century the enor- ^^^^^^ mous increase in the population of very many parishes, Building particularly in manufacturing towns and their suburbs, and the absolute necessity of making legislative pro- vision for the subdivision of parishes and the erection of additional churches, was forced upon the attention of Parliament; and the first of the series of Acts known as the Church Building Acts" was passed. This was the 43d Geo. ni. c. 108. It was followed up by the statutes of the 58th and 59th Geo. III., and by numerous other Acts, the result being a most com- plicated accumulation of enactments, which at length defied analysis, consolidation, and even correct judicial interpretation. Much good to the cause of church extension has been, nevertheless, efi'ected by them; and several thousand new churches, with parishes and districts of various classes attached, have been built under their provisions.^ ^ It is much to be regretted that the able and most faithful con- solidation of the whole of the Church Building Acts and New Parishes Acts prepared by the eminent ecclesiastical lawyer Mr. A. J. Stephens, Q.C., LL.D., under the direction of Lord Westbury, was 28 PARISHES, AND THEIR SUBDIVISIONS. 19 & 20 Vic. c. 55. As to effect of Local Acts, see p. 48. Statutory Parishes. *' Distinct and Separate " Parishes. (a a) Those formed Linder the Church Building Acts. How. These statutes, however, are now of much less im- portance, since the powers of the Commissioners who administered them have been transferred to the Ecclesiastical Commissioners, who also administer the far more simple and effectual powers conferred in this respect upon them by the New Parishes Acts " of 1843, 1844, and 1856 (better known as the Peel Acts" and ^^Lord Blandford's Act"), although they still largely exercise the powers of some of the Church Building Acts where it may appear to them expedient. Section (a). The Church Building Commissioners could, and now the Ecclesiastical Commissioners can (19 & 20 Yict. c. 55), under the 58th Geo. III. c. 46, § 16, the 1st and 2d Yict. c. 107, § 12, and the 14th and 15th Yict. c. 97, § 16, absolutely, and for all ecclesiastical purposes, cause a subdivision of ancient parishes, or new parishes and extra-parochial places, into two or more distinct and separate parishes," and apportion the glebe-land, tithes, and also^ (without reference to the limits of the severed district) the fees, oblations, and ecclesiastical dues arising within the district, and also the permanent charges (see 59 Geo. III. c. 134, § 9) payable out of the original parish, accordingly. The consents of the bishop and the patron are therefore both requisite, and upon these being obtained, a scheme is submitted to the king in council, and the order in council is thereupon made and gazetted, and the division is then legally not passed in the session of 1865. It was miserably mangled after it left Mr. Stephens' hands ; alterations in the laws were introduced, and in that condition it met with a well-deseryed fate. What is wanted is pure and simple consolidation. 1 See 69 Geo. III. c. 134, § 8. PARISHES, AND THEIR SUBDIVISIONS. 29 effected. The division, however, does not become complete until after the death, resignation, or other avoidance of the incumbent of the mother-parish, the new churches being until then, although ''distinct benefices for ecclesiastical purposes," served by licensed curates appointed by the incumbent (59 Geo. III. c. 134, § 12) ; but upon that event taking place, the whencomv churches become separate benefices, and are thence- forth as distinct, for all ecclesiastical purposes, as if they had never been united to the old parish, and had themselves been ancient parishes : so much so, indeed, that the division becomes a rectory, vicarage, or dona- tive, according to the nature of the original church (58 Geo. III. c. 44, § 19) ; such donatives, however, being expressly subjected to lapse (§20). Moreover, the incumbent has the exclusive cure of souls, and right of performing all the offices of the Church for his parishioners, who cannot, it is conceived, legally be married by banns or license out of the new parish (59 Geo. III. c. 134, § 17, and 3 Geo. lY. c. 72, § 17). The new parish is liable for the repair of its own church, Church, and can levy its own church-rate, and elect its own churchwardens, and meet in vestry for all ecclesias- tical purposes over which a vestry has control. It is not liable to the rate for the repair of the mother- church. (See the Compulsory Church Rate Abolition Act, 31 & 32 Yict. c. 109, § 6, Appendix B.) The divi- sion does not in any manner affect poor-rates or other parochial rates, or the parishioners, except as in the Acts is particularly provided. If the Commissioners make a grant, however small, Pew-rents in aid of the building fund, they are enabled to fix a ^* 30 PAEISHES, AND THEIR SUBDIVISIONS. scale of pew-rents to be taken for sittings in the church, other than those appropriated to the poor (58 Geo. III. c. 45, §§ 63, 64). Patronage The patronage rests with the patron of the old church (59 Geo. III. c. 134, § 13), but with the bishop if it is formed out of an extra-parochial place (14 & 15 Yict. c. 97). Only about forty new parishes of this descrip- tion have been formed. {a, 6) formed In the cascs of chapcls of ease situate in parishes of Bishop. large extent, and at a considerable distance from the parish church, and having chapelries, townships, or districts belonging or supposed to belong thereto, should any person endow them with land, money in the funds, or tithes, sufficient in the opinion of the bishop to ensure a competent stipend to the minister, the bishop, under his hand and seal, with the consent of the patron and incumbent of the parish, may declare such chapel so endowed separate and independent of the parish church, and that the chapelry, etc., shall thenceforth be a separate and distinct parish for all spiritual pur- poses" (see 1 & 2 Will. lY. c. 38, § 23) ; and this, whether the church or chapel were erected before or after the passing of the Act (1 & 2 Vict. c. 107, § 7). See also section (^), infra. But by the 14th & 15th Vict, c. 97, § 14, the sole jurisdiction of the bishop was taken away as regards declaring patronage or assigning a district to any new church. Church- Churchwardens are to be chosen (being members of wardens. EstabHshed Church), one by the minister, and the other by the vestry (1 & 2 Will. IV. c. 38, § 25). ^District Scctiou [b). The next in order, in point of status, of the new ecclesiastical divisions, is the ' ' District Parish. ' ' PAEISHES, AND THEIR SUBDIVISIONS. 31 These number about 80 only. They are formed by How scheme and Order in Council, under the 21st section of the 58th Geo. III. c. 45. They are qualified eccle- siastical parishes only, and of an inferior order to the preceding class. The tithes, glebe, and endowments of the original parishes, or extra-parochial places, are not affected by the division, and the consent of the bishop only therefore is necessary to their being made. The church of a district thus formed becomes, upon -^^eu consecration, a distinct benefice and church for all eccle- ^^^p^^*® siastical purposes (59 Geo. III. c. 134, § 12) ; but until the avoidance of the mother-church the district is simply served by a licensed stipendiary curate (§ 12), and the incumbent of the mother-parish is to continue to hold both churches as if they were one church, un- less he voluntarily resign^ (ib,). After an avoidance of the mother-church the dis- trict becomes complete as a separate and distinct District Parish," for the purposes of worship and all ecclesiastical duties, and the ofiices of the Church, in relation to all fees for the same (§ 24), and the incum- bent alone can perform within his church and dis- trict parish the offices of the Church, and receive the fees.2 These District Parishes," when complete by the avoidance of the mother-church, become benefices pre- sentative, and were formerly perpetual curacies. They ^ The incumbent of the original parish may " resign " voluntarily, with the bishop's consent, the church of the district parish, and this operates as an avoidance (8 & 9 Vict. c. 70, § 15). ^ The Commissioners might, however, direct that the surplice fees should continue to belong to the incumbent of the original parish (3 Geo. IV. c. 72, § 12). 82 PARISHES, AND THEIR SUBDIVISIONS. will now, however, be vicarages " under the District Church Tithes Act Amendment Act (see Appendix A. and supra, p. 12), unless any of the fees (other than burial fees) have been reserved to the incumbent of the mother-church under the 3d Geo. lY. c. 12, § 12. These parishes were also formerly liable for twenty years from consecration of their churches to the re- pair of the mother-church, a liability which gave rise to considerable inconvenience. Now, however, under the Compulsory Church Rates Abolition Act, 1868 (Appen- dix B.), section 6, the parishioners are no longer liable to be assessed to any rate made in relation to the mother-church, and may, upon their church being con- secrated, meet in vestry, and make a rate ior them- selves. (See infra, Chap. X.) Pew-rents. Pcw-rcnts are also taken, if the Commissioners make a grant in aid of the building fund. Patronage The patronage generally belongs to the patron of the old church (58 Geo. III. c. 45, § 67), unless when the church is built by rates (§ 68). The reader is re- ferred to the 1st & 2d Vict. c. 107, § 10, as to the assignment of districts to churches or chapels aug- mented by Queen Anne's Bounty, and their conversion into District Parishes." "District Scctiou (c). The divisiou most extensively formed by Chapeiries." iq^^ Commissioners, whether out of parishes or extra- parochial places, or (3 & 4 Yict. c. 60, § 1) out of other district chapelries, or out of *'New Parishes" (14 & 15 Vict. c. 97, § 16), is that known as a " Dis- trict Chapelry." How^ These are formed under the 16th section of the 59th Geo. III. c. 134, as enlarged by the 12th section of PARISHES, AND THEIR SUBDIVISIONS. 33 tlie 1st & 2d Yict. c. 107 ; the 1st, 2d, and 3d sec- tions of the 2d & 3d Yict. c. 49 ; the 1st section of the 3d & 4th Vict. c. 60 ; and the 1st, 2d, and 3d sec- tions of the 11th & 12th Vict. c. 37. The Commissioners can, under these Acts, with the Districts consent of the bishop alone, assign a district chapeky to any church or chapel previously erected. The tithes and endowments of the original parish are Endow- not affected, although, under the 1st & 2d Will. IV. c. original 45, § 21, as extended by the 1st & 2d Vict. c. 107, § 14, incumbents are enabled, with the consent of the bishop and patron, to charge their livings with an an- nual sum in favour of the church of the district chapelry, or to annex a portion of the glebe or tithes thereto (and see 28 & 29 Vic. c. 42 ; Appendix A.). This has very frequently been done, and the bishops generally have required a permanent endowment before they would consecrate the church. The new church is a benefice, whether augmented ^^n!^^*^" by Queen Anne's Bounty or not, and the incumbent has exclusive cure of souls, and the right to perform all or some of the offices of the Church, according as the bishop and Commissioners may have determined (8 & 9 Vict. c. 70, § 17 ; and 14 & 15 Vict, c 97, § 17). In most cases the right has been given to perform all the offices (excepting, perhaps, burials), and to take all the fees ; and where this has been done the district will become a new parish" under Lord Blandford's Act (see infra), and the incumbent will have the title of vicar (with the status, however, of perpetual curate) under the 31st & 32d Vict. c. 117 (see Appendix A.) ; but in some few cases, in consequence of the smallness of the PARISHES, AND THEIR SUBDIVISIONS. income of the incumbent of the mother-parish, a re- servation of the fees in his favour has been made, and the new incumbent consequently remains a perpetual curate, as he was previous to the recent Act. The commissioners have power, on the application of the incumbent, to authorize all Church offices to be performed in the church, if such was not previously the case (19 & 20 Yict. c. 104, § 11). Churchwardens are annually appointed by the in- cumbent and parishioners, who meet in vestry for the purpose. Pew-rents The Commissioners generally make grants and fix scales of pew-rents for these districts. Patronage. The patronage most frequently rests with the incum- bent of the old church (although it may by arrange- ment be vested elsewhere under the 8th and 9th Vict, c. 70, § 23), but with the bishop, if formed out of an extra-parochial place (14 & 15 Yict. c. 97, § 26). A district chapelry may be converted either into a " Distinct'' or a " District" Parish (3 Geo. lY. c. 72, § 16). Under the 6th section of the Compulsory Church Rates Abolition Act, 1868, this division and the next can, upon their new churches being consecrated, make their own church-rate, and the parishioners may meet in ves- try for that purpose. (See Appendix B.) Subdivision. By the 3d & 4th Yict. c. 60, § 1, the Commissioners may assign a new district chapelry or district chapel- ries out of a district chapelry or district chapelries al- ready formed, the right of nomination belonging to the incumbent of the original parish, unless vested else- where by agreement. Church- rates in. PABISHES, AND THEIB SUBDIVISIONS. 35 There were 684 district chapelries formed by the late Commissioners, and many have been formed since by the Ecclesiastical Commissioners. Section (d). The next division comprises Consoli- ^^^a^' dated Chapelries" and Consolidated Chapelry Dis- Chapeiries. tricts." These are formed under the 59th Geo. III. c. 134, § 6 ; the 8th & 9th Yict. c. 70, § 9 ; and the 14th & 15th Vict. c. 97, §§ 19, 20. They are the same as the last preceding class of Peculiarities division, except only : (1st) that the district is formed out of contiguous parts of different parishes instead of out of one parish ; (2d) that the consent of the bishop and a majority of the patrons of the parishes affected is required; and (3d) that the offices of the Church become performable on consecration without a special order, the fees being reserved to the respective incum- bents and clerks of the original parishes, and accounted for and paid over yearly to them, until their several avoidances, or until they shall severally voluntarily relinquish them. (See 8 & 9 Yict. c. 70, §§ 9, 10.') The number of these divisions is about 150. As to the endowment (by the rectors and vicars) of Consolidated Chapehies, see 1 & 2 Yict. c. 107, § 14, and 28 Yict. c. 42. 1 Several Consolidated Chapelries were formed prior to the 8th and 9th Vict. c. 70, and in these the fees, under the 59th Geo. III. c. 134, § 6, belong to the incumbent, not having been reserved in the last-mentioned Act ; and these chapelries are all, therefore, noiv new parishes. (See p. 43.) In some cases, however, the Commissioners not having fixed a table of fees for these districts, as requwed iy the section referred to^ it may be questioned whether the incumbents, clerks, and sextons are entitled to any fees. 86 PAKISHES, AND THEIE SUBDIVISIONS. Alteration of Boundaries of the fore- going several Divisions. *' Patronage Districts." How formed. Are Perpetual Ciiracies. Under the 3d & 4th Yict. c. 60, § 6, and 8th & 9th Vict. c. 79, § 16, the boundaries of a Distinct and separate Parish," a District Parish," a '^District Chapelry," and a Consolidated Chapeky," may be altered at any time. Section (e). The next division is that known as the Particular or Patronage District." These are formed under the 1st & 2d Will. IV. c. 38, §§ 2 & 5, 1st & 2d Vict. c. 107, 2d & 3d Vict. c. 49, 3d & 4th Vict. c. 60, 7th & 8th Vict. c. 56, 11th & 12th Vict. c. 37, and the 14th & 15th Vict. c. 97, §§ 7 & 11, by the Commissioners. Until the 14th & 15th Vict. c. 97, § 14, they might be formed by the bishop alone. The consent of the bishop is necessary in every case. The process is to assign districts to churches already built and endowed by private in- dividuals. The consent of the patron and incumbent are not required, as they both have notice previously of the intention to build and endow the church, to state objections, and with the option to build themselves. Moreover, the tithes and endowments of the parent living are not affected. The endowment usually re- quired is 1,000L, or 40Z. a year at least, or a house of residence, with pew-rents, if any. The Commissioners are to give preference in certain cases to persons proposing to enlarge existing churches (1 & 2 Will. IV. c. 38, § 8). The district is a benefice, and the incumbent a per- petual curate (1 & 2 Will. IV. c. 30, § 12), with ex- elusive cure of souls (2 & 3 Vict. c. 49, § 10). The bishop and the Commissioners arrange as to the ofiices of the Church to be performed by the incumbent, but PAEISHES, AND THEIR SUBDIVISIONS. 37 the fees are reserved to the mother-incumbent, until either he relinquishes them, or the bishop and Com- missioners otherwise order. The patronage is vested in the parties who build Patronage, and endow the church, or trustees nominated by them (who are to be not more than five in number), and they or the bishop arrange as to the pew-rents and their disposal. (See 1 & 2 Will. lY. c. 38, §§ 4, 9, 22.) A repair fund is generally required of 1501, consols, Eepair but the parishioners may make a church-rate, and meet in vestry for that purpose under the 31st & 32d Vict. c. 117, § 6. (See Appendix B.) The repair fund appears to be different where the bishop alone acted (compare sees. 2 & 5). These districts become new parishes under Lord Blandford's Act (see pp. AS sqq.), and their incumbents vicars under the District Church Tithes Act Amendment Act. (See Appendix A.) The boundaries of particular districts may be altered Boundaries by the Commissioners and bishops under the 11th & 12th Vict. c. 37, § 2. About 200 only of these districts have been formed.^ See cases in Appendix F. Section (7* j. The next, but by no means the least to Dk- p . . . ... . tricts and important of the various ecclesiastical divisions, is the Parishes Peel District," formed under the 6th & 7th Vict. c« under the 37. This Act^ introduced an entirely new order of Acts, things with regard to parochial subdivisions, which "Peei Districts, * It is now found preferable in many instances for private indi- viduals to proceed in cases like this, under the New Parishes Acts. (See infra.) But an endowment of 100/. a-year at least is requisite, and security that it shall be increased to 150/. per annum upon the church being consecrated. 2 See Appendix A. 38 PARISHES, AND THEIR SUBDIVISIONS. has to a great extent superseded or absorbed the pre- existing modes of procedure. This Act is administered by the Ecclesiastical Com- missioners, who, besides having ample powers under their own peculiar Acts, have had transferred to them all the ^powers and functions of the Church Building Commissioners J which they now exercise with great public advantage in combination with their own powers. Under this Act (as subsequently amended by the 19th & 20th Yict. c. 104, § 1),^ districts^ are formed by a scheme and Order in Council, with or without a church, and a minister is appointed, licensed by the bishop ; the incumbent and patron of the parish being previously consulted (§ 9). The incumbent's license declares his powers (but cannot authorize marriages or burials), and the services and offices which he is to perform, and the extent to which he has an inde- pendent pastoral charge and cure of souls (§ 11), but he cannot take any fee for baptisms or registering them. He is a perpetual curate and body corporate, and can accept grants of land and endowments, etc. (§ 12), and is only removable as other perpetual curates. Until, however, the new church is consecrated, the right of the incumbent of the original parish as to mar- riages and burials, and as to fees (other than those fees which the district incumbent may have been authorized to receive under § 13), is not affected ; nor is the right of the inhabitants to attend divine service in any other church or chapel (§ 14). 1 See Appendix A. 2 Several hundred Districts, or rather new Parishes, have been formed akeady under this and the other " New Parishes " Acts. PARISHES, AND THEIR SUBDIVISIONS. • 39 Section (q). Upon the new church being cons^- "Peel parishes " crated in the Peel district, it becomes (§ 15) a new parish for ecclesiastical purposes," and the church is the church of such new parish ; the bishop's license of any temporary building becomes thereupon void ; and all the offices of the Church may then be per- formed therein, and such fees as shall be fixed by the Chancellor of the diocese may be taken by the incum- bent : no fees, however, can be required for baptisms and registering them^ (§ 15). Moreover, Easter offer- ings and dues maybe taken, and (§ 16) the incumbent has exclusive cure of souls in and over the new parish. Under the District Church Tithes Act Amendment Act (Appendix A.) he will now be entitled to the designa- tion of vicar. Churchwardens may, as in the case of all the previous divisions, be chosen, provided they (§ 17) he members of the Church of England ; and the parishioners of course meet in vestry for ecclesiastical purposes, as in the case of ordinary parishes. All laws, statutes, and customs in respect of the ordinances of the Church, registration thereof, and the recovery of the fees, oblations, and offerings in respect thereof, are to be in force in the new parish (§ 15). The patronage of the Peel districts and parishes, Patronage until otherwise assigned, rests with the Crown and the bishop alternately. It may, however, be granted, for one or more turns (§ 20), to persons contributing to the endowment, and about 40/. a-year is the amount required ; but the patronage cannot be granted in per- * This, it may be observed, is not a ^' reservation " out of the fees, and does not prevent sec. 2 of the District Church Tithes Act Amend- ment Act from operating. 40 ' PAEISHES, AND THEIR SUBDIVISIONS. petuity for any less consideration than building the church, and endowing it with at least 451. a-year clear, or the permanently endowing the church with 1501. a-year clear, or an equivalent gift or benefaction (19 & 20 Yict. c. 104 § 17). As to the consents and for- malities necessary, see that Act, §§ 18 to 20. (See Appendix F.) The Act is silent as to pew-rents, although they have been taken in these churches. The power to fix a scale of, and to recover, pew-rents was acquired through the medium of a grant from the Commission- ers (and see § 24). Church- The status of Peel parishes in this respect (as of rates in, ... . all other legal districts or parishes having consecrated churches) is now regulated by the Compulsory Church Kates Abolition Act, section 6. (See Appendix B.) The Peel Act (6 & 7 Yict. c. 37) contains the fol- lowing proviso, which is of importance with reference to the general effect of the 19th and 20th Vict. c. 104, § 15 (which see infra, and in Appendix A.), upon all Peel districts and Peel parishes : — Provided always, and be it enacted, that imtil ^' Parliament shall otJierwise determine, nothing herein contained shall be construed to affect or alter any rights, privileges, or liabilities, whatsoever, ecclesiastical or civil, of any par- **ish, chapelry, or district, except as herein is exjyressly provided" (§ 18). The effect of this proviso was, it is conceived, simply to prevent the mere conversion of the district into a ^^j^arisW from carrying with it, as legally inci- dent to a parish, any rights, privileges, or liabilities of PARISHES, AND THEIR SUBDIVISIONS. 41 a parochial character, except those conferred by the Act of 6 & 7 Vict. c. 37, in exjjress terms, as in the 15th, 16th, and 17th sections of the Act. Section (Ji). We now come to the most important p^!^^ of all the efforts of the Legislature in favour of the complete subdivision of parishes for ecclesiastical pur- poses ; and one which is pregnant with vital good to the Church, when its provisions are fairly and fully carried out. We refer to the 19th and 20th Yict. c. 104 (Lord Blandford's Act, see Appendix A.), which is now actively administered by the Commissioners. Bv this Act, the Ecclesiastical Commissioners can, , , . , . . formed. on assigning a district to a church, at once make it a Peel parish," without previously constituting it into a district only (§2). No transition state is necessary to its full development, nor is any endowment abso- lutely necessary. Express power is given to the Commissioners to fix Pew-rents a new scale of pew-rents in all future districts (§6). By § 11 the Commissioners can, with the consent of the bishop, authorize the performance of all the offices of the Church in the church of any district. The in- cumbent, however (§ 12), will (if any of the fees have been reserved to the incumbent of the mother-parish, or would, but for the Commissioners' order, of light belong to him) have to keep an account of the fees reserved, and to pay them over every three months to the mother-incumbent, until he shall either relinquish them or avoid the living. This reservation, as before stated, generally existed in the case of consolidated chapel- ries," and patronage districts," and sometimes, though rarely, in the case of district chapelries." 42 PAEISHES, AND THEIK SUBDIVISIONS. Supposed The incumbents of churclies or chapels, with or without districts, or with districts supposed or reputed to belong to them, hut which have not been assigned under the foregoing Acts, will p)rohahhj find it necessary or ex- pedient to resort to the Ecclesiastical Commissioners, and get districts formally assigned under sections 1 & 2 of this Act. There are many ancient chapelries, townships, etc., to which this assignment may be most valuable, since it might be contended that the 14th section of this Act only applies to districts belong- ing" to churches by virtue of the authority therein referred to, i,e., an Order in Council. The incumbents should also get the fees assigned to them under the 11th section of this Act, and then, upon the next avoidance by the incumbent of the original parish, or his rehnquishment ^ of the fees, these districts (in common with those of all other incumbents having churches with districts, and who, under the authority of the Commissioners, perform all the offices and receive and keep the fees without reservation) will (under sections 14 & 15) become, ipso facto, ^ separate 1 As a matter of practice it will probably be found expedient that such relinquishment should be made by deed of surrender, copies of which should be deposited in the Diocesan Registry and in the parish chests of the churches of the incumbents who are parties to the deed. 2 The right to perform Burials is not necessary to the district becoming a parish. 3 There is some ambiguity here occasioned by section 12 in terms requiring the office of the clerk to have also become vacant or a compensation in lieu of fees made to him before the reservation of the fees ceases; but this, doubtless, simply means, that the reser- vation as to the clerk's fees only shall continue until he vacate or be compensated. If otherwise, the operation of section 15 will be delayed. PAEISHES, AND THEIR SUBDIVISIONS. 43 and distinct parishes for ecclesiastical purposes, with all the rights and privileges conferred by the Peel Acts, and also with those conferred in addition by the pre- sent Act of Lord Blandford, and which latter are of the utmost value, and will also (as we have seen) become titular vicarages under the District Church Tithes Act Amendment Act. Incumbents who have had districts assigned by Or- ^JJ^^^^^^®^^ der in Council, but who have not the right, under an authority from the Commissioners, to perform all the offices of the Church, can apply to the Commissioners for an order (under § 11) authorizing them to perform all the offices, and then, upon the next avoidance by the incumbent of the mother-church, or upon the relin- quishment of the fees by him, these districts will (under §§ 14 & 15) become complete ecclesiastical parishes, as described in the next paragraph. The 14th section of Lord Blandford' s Act converts Conversiou into **Peel parishes" — sitZ^j^c^, however, to any "special into p^{^^^^^ rights, privileges, or Habilities, ecclesiastical or civil (see § 29), which may exist either by virtue of local '?peef Acts or otherwise (§ 15)— all districts' belonging **to a consecrated church or chapel, in which," either at the passing of the Act (29th July, 1856) or there- after, banns of matrimony, the solemnization of mar- *^riages, churchings, and baptisms, according to the laws and canons, are authorized by Order in Council, *'or by an order of the Commissioners under section 11, to be published and performed," if the incumbent is entitled for his own benefit, without any reserva- ^ Whether formed by the Church Building Commissioners or the Ecclesiastical Commissioners. (See Appendix B.) 44 PARISHES, AND THEIR SUBDIVISIONS. tion thereout, to the entire fees arising from the performance of such offices." As soon, therefore, as he is entitled to perform those three offices, and to retain the fees for them, his district becomes a new parish. (See notes on this 14th section in Appendix A.) Districts, however, which at the time of the passing of the Act were separate and distinct parishes for eccle- siastical purposes,"^ are not affected by this section. Probably the 14th section will be held to apply to such of the two first classes of division, sections [a) and (&), as were not at the passing of the Act complete by the avoidance of the mother-incumbent ; and it is con- ceived that (with the exception of those two particular classes, ivhere they were actually comjdete at the passing of the Act) this section applies to all the classes of dis- tricts already described in this chapter, excepting the cases next described. Authorty It has been decided that certain patronage" dis- requisite for tricts, sectiou (^), are not included, on the ground that their incumbents only perform the offices and take the fees by virtue of the bishop's license, under the 66th Will. lY. c. 85, § 26, tvhich is revocable, and therefore have not " the authority" to perform the offices and to keep the fees to which the 14th section of this Act refers. (See Kegina v. Perry, 3 Law Times, N. S. Q. B. p. 885.) For the same reason the incumbents will not, it ap- pears, become vicars under the District Church Tithes Act Amendment Act. (See Appendix A.) If this Act had stopped at the 14th section, the status and rights of districts, upon being converted into ^ i.e.^ Distinct and separate " parishes or " district " parishes, sections {a) and (cZ), ante^ and " Peel parishes 1 PABISHES, AND THEIR SUBDIVISIONS. 45 parishes, would have been clear, although not satisfac- tory. They v^ould have had the rights expressly pro- vided in the 15th, 16th, and 17th sections of Peel's Act, with the additional right to get a scale of pew- rents fixed, as before described ; also, the right in the incumbent to appoint the clerk and sexton (section 9 of Lord Blandford's Act). The freehold of the site of the church and burial-ground, house of residence, and all endowments, would have been legally vested in the incumbent and his successors (§ 10). Further, he might (under section 26 of Lord Blandford's Act) have obtained an apportionment of the glebe, tithes, and endowments (including charities divisible in theii* object) of the old parish. (See also § 31, and the case of the Attorney- General v. Love, 29 Law Times, O.S. p. 36.) But this state of things would, perhaps, have left open the question as to the exclusive right of the incum- bents of such parishes to marry and bury their own parishioners, and to perform for them all the other offices of the Church. It might have been contended that although the Peel Act gave the incumbent exclusive cure of souls," it did not prevent the mother-incumbent from publish- ing, in the old parish church, the banns of, and marry- ing, and also burying, the parishioners of the new parish, and taking the fees ; and that it did not deprive the parishioners of their previous right to be married, etc., in the old church, if they so preferred. In short, that it left an option to the incumbents and their re- spective parishioners. Indeed, it was even contended that the incumbent of the original parish was not by the Peel Act deprived 46 PAKISHES, AND THEIR SUBDIVISIONS. of his previous right of performing the offices of the Church within the limits of the Peel parish, and that the Act gave the incumbent of the new parish merely the right to perform those offices (§ 15 of 6 & 7 Vict. c. 37), and reserved to the incumbent of the original parish his previous rights, subject to the permissive (not exclusive) right of the new incumbent (§ 18). On the other hand, § 16 of the same Act not only- converts the district into a parish," and gives the in- cumbent of the new parish the exclusive cure of souls, but it also declares that *^such parish and its church shall be a j^erjjetual curacy, and a benefice ivith cure of to all intents and purposes ; " and this is an **ex- press" provision within the meaning of § 18, at all events as between the respective incumbents, and also, perhaps, as regards the parishioners of the new parish, to the extent of their ecclesiastical rights, privileges, and liabilities. (See further, note to § 15, next quoted.) In respect, moreover, of marriages, the present Act (if it had rested at the 14th section) would have low- ered the status of the district chapelry," since, under the 17th section of the 3d Geo. lY. c. 72, the publica- tion of banns, and marriages whether by banns or by license (which is merely a dispensation with banns), out of these districts, between parties residing in them, are declared to be invalid.^ (6)]^iarge- Lord Blandford's Act, however, contains the foUow- Rightsof ing section 15), which is the pith and essence of the Peel Pa- . rishes " into wholc, and the point towards which all its other pro- Ssiasti- visions converge :— cal Parishes. 1 But as to marriage by license in such cases, see Tuckness v. Alexander, 32 Law Journal, N.S. Ch. 794. PARISHES, AND THEIR SUBDIVISIONS. 47 The incumbent of every new parish created, or hereafter to be created, pursuant to the provi- sions ^of the said firstly and secondly recited Acts^ or of this Act,^ shall, saving the rights of the bishop of the diocese, have sole and exclu- sive cure of souls, and the exclusive right of performing all ecclesiastical offices within the limits of the samef for the resident inhabitants therein, who shall for all ecclesiastical purposes be parishioners thereof, and of no other j^cirish ; and such new parish shall, for the like purposes, *^have and possess all the same rights and privi- leges, and be affected with such and the same liabilities, as are incident or belong to a distinct and separate parish, and to no other Uahilities : Provided always, that nothing herein contained shall be taken to affect the legal liabilities of any parish regulated by a local Act of Parlia- ment, or the security for any loan of money legally borrowed under any Act of Parliament or otherwise." This section, as to Peel parishes in particular, seems to overrule the 18th section of the Peel Act,* and to 1 That is, the Peel Acts of 1843 and 1844. The Act of 1844 is, comparatively, of little importance. 2 That is, under sections 2, 14, 25. 3 It has been contended that these words, whilst limiting the ex- clusive right of the incumbent to the performance for his parishioner :5 of the offices, etc., in his own parish^ do not prevent the incumbent of the original parish from performing the offices for parishioners of the new parish out of its limits, and only converted the right of the former from a permissive to an exclusive right within his own limits : sed qumre, * See Appendix A. 48 PAEISHES, AND THEIR SUBDIVISIONS. anniliilate all rights, privileges, or liabilities, whether ecclesiastical or civil, inconsistent with the existence of the new parish as an entirely separate and distinct parish for ecclesiastical purposes (but see § 29). Lor[otice be- A clergyman is entitled to require seven days' pre- fore Banus. ^-^^g noticc of the uamcs and place and time of abode (4 Geo. IV. c. 76, § 7), and it is incumbent on him to inform himself, to the best of his power, as to the names and residence of the parties, or he must take the consequence (see 16 Ves. 261) ; in which case Lord Eldon says that a marriage is good by banns, though neither party resided in the parish ; sed qu(Ere, if the parties both know it (§ 22 of the 4th Geo. IV. c. 76). If false names are used fraudulently with the knowledge of both parties, it seems that the marriage is void (2 Curt. 833, 2 Cons. E. 238, and supra). AS TO MARRIAGES GENERALLY. 145 By the 7th and 8th Will. III. c. 35, a clergyman Liability of marrying persons without a license, or due publication ^^^^^y^^^- of banns, is to forfeit lOOL And he may also be pun- ished in the Ecclesiastical Court for publishing banns between persons not parishioners, or resident in his parish, and also for marrying them (1 Curt. 69). But this does not apply if the parties have been married by the registrar, or in a dissenters' chapel duly registered for marriages (Prid. Chwdns. p. 386). A clergyman marrying a ward in Chancery without Ward in the leave of the Court, commits a contempt of Court, for which he may be committed to prison, although he were ignorant of the fact. He is presumed, by law, to know it ; but if he had used all proper precautions he would doubtless be deemed exculpated (19 Yes. 451). And in large parishes, inquiry in all cases is an absolute impossibility. Banns may be forbidden by any person, for any of the Forbidding reasons already stated as invalidating a marriage, but on no other grounds, except that, if either is under age, the parents or guardians may forbid the banns, in which case they are void (4 Geo. lY. c. 76, §§ 16—18). The churchwardens are to provide a proper book Register, prepared as the register-book for banns and marriages, and the banns should be published by the clergyman therefrom (Can. 70). If the parties are not married within three calendar Repubiica- months after the banns are completely published, the clergyman should require the banns to be republished, otherwise the marriage will be void (Cripps, 731). {h) Marriage hy License, — A license is merely a License, faculty for dispensation with publication of banns ; an 10 AS TO MARRIAGES GENERALLY. Residence Fee. Special Licenses Certificate of the Regis- trar. authority to marry without publication of banns ; so that, it would seem, if a marriage in a given parish or church, or between certain parties, would have been improper or void by banns, on the ground of non-resi- dence, etc., it is equally improper or invalid if by license.^ A license after three months from the grant is void (4 Geo. IV. c. 76, § 19). The clergyman is not, to the same extent, put upon inquiry as he is in the case of marriage by banns, since the license presupposes certain necessary preliminaries ; but if he has notice, or fair grounds of suspicion, he should make inquiry. Thus, no license is to be granted, except for the church or chapel of the parish or cha- pelry, where one of the parties has resided fifteen days immediately preceding (4 Geo. IV. c. 76, § 10); but after marriage such residence need not be proved (§ 26). The fee for marriage licenses is 2L ISs. 6c?., including 105. for the stamp. A special license enables the parties to be married out of the proper parish or place ; in fact, authorizes the marriage at any time and in any place. (See 25 Hen. VIII. c. 21 ; 4 Geo. IV. c. 76, §§ 10 and 20 ; and 6 & 7 Will. IV. c. 85, § 1.) (c) Marriage by Certificate of the Registrar. — This certificate stands instead of banns" (6 & 7 Will. IV. c. 85, § 4, and 19 & 20 Vict. c. 119, § 4), and the clergy- man is bound to marry upon it, in like manner as after publication of banns" (but see 1 Vict. c. 22, § 36). The same preliminaries and caution therefore are necessary * But see Tuckness v, Alexander (32 Law Jo. Ch. 794), where it was said that the minister has no option, but must perform the mar- riage according to the license. AS TO MAKKIAGES GENERALLY. 147 here, as in the case of marriage by banns (Cripps, 738). The section under reference (§ 4) provides, indeed, that the church in which the marriage is solemnized shall be within the district of the registrar who grants the certifi- cate ; " but this, it is conceived, does not justify the solem- nization of the marriage in any church other than that in which the parties could have been legally or properly married by banns. Indeed, the preliminary formalities in the case of the certificate are, mutatis mutandis, the same as in the case of banns (see §§ 4 — 6), and it is so held by the Eegistrar-Greneral, whose Instructions to Inspectors " state that the marriage must be in the district or chapehy in which one at least of the parties resides. By the late Act (19 & 20 Yict. c. 119, § 11), mar- riage on the registrar's certificate is not to be solem- nized in any church or chapel of the Established Church without the consent of the minister thereof. And by section 12, if the parties " have contracted marriage at the registry office of any district, and de- sire to add the religious ceremony ordained or used by the church of which they are members, they may pre- sent themselves for that purpose to a minister of the church or persuasion of which they are members, after notice, and on production of their certificate of mar- riage before the registrar, and on payment of the cus- tomary fees (if any), he may, if he think fit, in the church whereof he is minister, read or celebrate the Marriage Service ; but such reading or celebration is not to be entered among the marriages in the parish register. (See sect. 11, as to efi'ect of registrar's license.) Probably, in this particular case, any clergyman may AS TO MARRIAGES GENERALLY. General Kemarks. Further requisites. perform the marriage ceremony for the parties, without reference to their place of residence, provided only that marriages are authorized to be solemnized in his church or chapel. It will be seen that the policy of all the formalities required previous to marriage, in any manner (whether ecclesiastically or merely by the civil process), is sub- stantially the same, viz., to prevent clandestine and improper marriages ; i.e., marriages of parties incapa- citated by want of age, or of mental incompetence, or by consanguinity or previous marriage. To this end, a rigid restriction as regards the resi- dence of the parties prior to marriage is imposed, and necessarily so ; and therefore it behoves all who by law act in the celebration of the ecclesiastical rite, or towards giving ecclesiastical efficacy to the civil contract of marriage, to look carefully to this pre- requisite. In this respect the subdivision of large parishes is, in a social point of view, greatly to the public interest, and the courts of law would, it is apprehended, feel constrained, in otherwise doubtful cases, to decide in accordance with the evident poHcy of the Legislature on this important social question. The Marriage itself. — The preliminaries being rightly observed, the clergyman must bear in mind that it is further necessary to an (ecclesiastical) marriage : — (1) That it be performed in the parish church, or the dis- trict church of the parties, duly licensed ; (2) by a minister of the Established Church ; (3) according to all the rules prescribed by the rubric (6 & 7 Will. lY. c. 85, § 1) ; (4) between eight and twelve o'clock in AS TO MAKRIAGES GENERALLY. 149 the forenoon, upon pain of suspension, or felony, with transportation for fourteen years (4 Geo. IV. c. 76, § 21) ; and (5) in the presence of at least two credible witnesses, besides the clergyman (§ 28). A clergyman cannot perform his own marriage ceremony (Beamish V. Beamish, 9 H.L.C. 274). A clergyman is punishable, under the Discipline Act, Clergymen for improperly refusing to marry, these requisites be- marry.° ing duly fulfilled ; but it is undecided whether he would be liable to an action. Probably he ivoitld be held liable. It is the duty of the clergyman to register the mar- Register of ^ ^ MaiTiage. riage in duplicate in the books furnished for the pur- pose by the Registrar-General, as directed in such book, and by the Act 6 & 7 Will. lY. c. 86, §§ 17, 30, 31, which see. Every January, April, July, October, the clergyman is to return to the superintendent-ree^istrar of his dis- Registrar- . . General. trict a copy, certified under his hand, of all intermediate entries of marriages, under a penalty of 10/. after a month's default. He himself has the custody of the register, and must allow searches at ^'reasonable times," and give certified copies of any entries (1 Yict. c. 22, §§ 33, 35) ; and if he do not properly register mar- riages, or if he lose or injure the register, he forfeits 50/. (6 & 7 Will. lY. c. 86, § 42). If he wilfully make a false entnj, it is felony (§ 43). Eri'ors may be corrected by an entry in the margin Collection within one calendar month after discovery, in the presence of the parties, or of the registrar and two witnesses (§ 44). The witnesses and registrar must attest the corrected entry. It must be made, according 160 AS TO MAKEIAGES GENERALLY. Fees for Searches and Certifi- cates. Stamps. Questioning the Parties. Marriage Fees. to the truth of the case, by entry in the margin, without any alteration in the original entry, and the day of the month of the correction must be also entered. The like entry must be made in the duplicate register-book and in the certified copy of the register-book, or, if the latter be already made, a certified copy of the original erroneous entry and of the marginal correction must be made. The fee is Is. for every search for not more than one year, and 6cl. for every additional year ; and 2s, 6d. for every certificate (§ 35). The registrar pays to the clergyman 6d. for every entry in the certified copy (§ 27). By 23 Yict. c. 15, every certified copy or extract of or from any register of marriage must bear a penny stamp, to be paid for by the person requiring such copy or extract. There is a penalty of 101. for neglecting to affix and annul the stamp. The stamp is, however, not required in the case of copies furnished by any clergyman, &c., pursuant to any Act of Parliament, or to any general or superintendent registrar under any regulation, or where the person giving the copy or extract is not entitled to any fee (23 & 24 Yict. c. 3, § 16). The clergyman may question the married parties as to the particulars to be registered ; and they are guilty of perjury for making false statements (6 & 7 Will. lY. §§40,41). No fee is due of common right to the clergyman for solemnizing a marriage, although it is said in the rubric to the office of matrimony, that at the time of deliver- ing the ring the man shall also lay down the accustomed duty to the priest and clerk ; but it is payable, by MARRIAGES ABROAD. 151 custom/ when the ceremony has been performed, (Steer, 178), and under the Cliurch Building Acts the marriage ^^nj^ch fee is legally recoverable; for, by the 59th Geo. III. c. 134, § 4, the Church Building Commissioners might (and now the Ecclesiastical Commissioners, 19 & 20 Yict. c. 65, § 1, may) fix any table of fees for any ^parish, with the consent of the vestry, and for any extra-parochial place, district chapelry, and parochial chapelry, in which they have built a church, but with the further consent in all\he cases of the bishop ; and such fees may (§ 10) be sued for and recovered" by the incumbent, clerk, and sexton, as any ancient legal fees. (But see, as to District Chapelries, 26 Law Jo. Exch. 380.) And this power applies to fees geneixdly, as well as marriage fees. Under the New Parishes Acts, the chancellor of the Under ^e^^ diocese fixes the scale of fees (6 & 7 Yict. c. 37, § 15) Acts. ^ for marriages, churchings, and burials, no fee being legally payable under these Acts for baptisms or for registering them. Section 3, Division 2. — Marriages Abroad. Marriages of British subjects in foreign countries are vaUd when, valid, if made according to the law of those countries (Steer, 179), unless the law contravenes public morals (as polygamy), or the law of nature, or the law of the country where it is wished to enforce it. So if resorted to in order to evade the English law, as in case of * The custom, however, must be reasonal le (Bryant v. Foote, 37 L. J. Q. B. '217, where 10s. to the parson and os. to the clerk was held rank and illegal in an agricultural parish). MARKIAGES ABROAD. marriage with a deceased wife's sister. (See note, division 1, supra, page 135). At British Marriages solemnized by a minister of the Established dor's. Church in the chapel or house of a British ambassador or minister, or in the chapel of any British factory, or in the house of a British subject abroad, as also mar- riages solemnized within the lines of a British army serving abroad, are valid by the 4th Geo. IV. c. 91, and under the 12th & 13th Yict. c. 38. Before or by British subjects residing in foreign countries where Consul. there is resident a duly-authorized British consul, may be married upon one calendar month's notice in a pre- scribed form to the consul, stating their names, profes- sion, or condition, and that each party has dwelt within the consular district one calendar month at the least. The consul files the notice, registers it in a book, and suspends a copy in the office of the consulate. Persons duly authorized may forbid the solemnization of a mar- riage. The consul may also grant a license to marry, but the like consents are required as in England, and caveats may be lodged with the consul accordingly. After seven days if by license, or twenty-one days without license, the marriage maybe solemnized at the consulate, either by the consul or in his presence, or by or in the presence of any person acting in his stead under the 31st & 32d Yict. c. 61, and in the presence of two other witnesses. Fees for. The marriage fee, if by license, is 205., if otherwise, 105. Frauds in. To prevent all fraudulent marriages in this way the guilty party forfeits all property accruing by the marriage (6 & 7 Will. IV. c. 85). DIVORCE. 153 Section 3, Division 3. — Divorce, In lieu of divorce a mensa et thoro, the new Court J udicial of Divorce may decree, on the petition of husband or ^^p^^^^^^'^- wife, a judicial separation," on the ground of adul- tery, or cruelty, or desertion without cause for two years and upwards. By it the wife acquires, as to property and many other purposes, the condition of a single woman, but neither party can marry again (20 & 21 Yict. c. 85). A divorce or dissolution of marriage, enabling the Dissolution parties to marry again, may be obtained, by the hus- ^^^^^^^o^- band upon the ground that since the marriage the wife has been guilty of adultery, — by the wife, that he has, since the marriage, been guilty of incestuous adul- tery, or bigamy with adultery, or rape, or unnatural crime (such as in the Act mentioned), or of adultery coupled with such cruelty as would, without adultery, have entitled her to a divorce a mensa et tJioro, or coupled with desertion without reasonable excuse, for two years or upwards ; but not if the petitioner has connived at or condoned the act, or the petition is collusive. On a decree for dissolution of the marriage there may be ail appeal to the House of Lords ; but when the time limited for that purpose has expired without any appeal, or if, on appeal, the marriage is declared to be dissolved, either party may marry again, as if the prior marriage had been dissolved by death. Under the late Divorce Act, no. clergyman can be Mamage of n T . n -1 divorced compelled to marry any person whose marriage has parties, been dissolved for adultery ; but if he refuse, any other AS TO BURIALS GENERALLY. clergyman, entitled to officiate in the same diocese, may perform the Marriage Service in the church or chapel of the clergyman so refusing. Eight of Burial. Non-pa- rishioners. Minister cannot refuse. Section 4, Division 1. — As to Burials generally. Every person has a common-law right to be buried in the usual way in the churchyard of the parish in ivhich he dies, whether he be a parishioner or a stranger ; and if he die out of his own parish, his relatives, &c., may claim to have him buried in the churchyard of his own parish (Rogers, Eccl. Law, p. 119). The mode of burial, however, is of ecclesiastical cognisance, where an unusual course is adopted. It is an offence not to bury a dead body, and the person in ivhose house the death occurs must, by the common law, provide for the burial ; and, if under the direction of the guardians or overseers of the poor, at the expense of the parish {Ih. 709, 7 & 8 Yict. c. 101,^ § 31). The parent must, if able, bury the child. (See as to Parents, 21 Law J.M.C. 39 ; as to Relatives, 13 M. & W. 252 ; as to Hospitals, &c., 12 A. & E. 773.) It is matter of favour to allow persons dying out of the parish, unless parishioners, to be buried in it, at the discretion of the churchwardens and incum- bent (1 Hagg. C.R. 17 ; 6 Taunton's Reports, 277). The minister must not refuse to bury and read the Burial Service on having convenient warning (Can. 68 ; 12 Ad. & Ellis, 773) ; and if he refuse he may 1 See Prid. Chwdns.p 364, n.g., as to incumbents' exclusive right to prohibit burials of strangers. AS TO BURIALS GENERALLY. 155 be suspended (2 Curt. 692), although the deceased be the child of a Dissenter (Kemp, v. Wicker, 3 Phil. 264), Dissenters, or only baptized by a layman (Escott v. Martin, 6 Jur. 765), or died in a state of intoxication (Cooper v. Dodd, 2 Rob. 270) ; and mandamus will also lie to en- force burial in such cases (2 B. & A. 806); but the clergyman may fix his own hour for the funeral. By the 6th & 7th Will. lY. c. 85, § 7, the clergyman should require the production of the registrar's certifi- cate of death. The coroner may order interment be- fore registration of the death [lb. sec. 27). In case of burial taking place without the registrar's certifi- cate, the officiating clergyman must give notice thereof to the registrar within seven days (lb.). Persons unbaptized, excommunicate, or who commit Suicides. suicide and are found felo-de-se, are excluded from Christian burial (Can. 68, and the rubric confirmed by the 13th & 14th Car. II., c. 4). Shipwrecked bodies must, under the 48th Geo. III. ^^P: , ^ wrecked c. 75, be buried by the churchwardens and overseers Bodies, of the parish in which the bodies are cast up, and the expenses are to be paid by the county treasurer ( §1). The minister cannot, however, be compelled to bury Particular ^ ^ \ a.ultj etc. in any particular vault or part of the churchyard (Expte. Blackmore, 1 B. & Adol. 122). He has a discretion, unless perhaps there be a prescriptive right (see 8 Barn. & Cres. 295, Com. Dig. Cemetery), and a custom to the contrary is void (2 Willes, 20) ; and he may refuse to allow the corpse to be carried into church, as in cases of infection (1 Burn, E. L. 267). No grave is to be at less distance than 20 feet from the external walls of churches built under the AS TO BURIALS GENERALLY. Church Building Acts (58 Geo. III. c. 45, § 80), and none at all within those churches. In the There is no right of burial in the church itself, un- itseS.^ less there is a faculty or a prescriptive right (Gibs. 453; Steer, 72). The right of consent or refusal to burials witliin the body of the church rests with the in- cumbent alone (Croke's Eep. James I. 367), and in the chancel with the rector, whether lay or spiritual [ih, 27), but he cannot grant a future right to bind his successor (Cripps, 762.) A faculty for a vault will not be granted where the entrance is not in consecrated ground (Kuggi;. Kingsmill, 37 L.J.N. S. Ecc. 13). The Beiia^^ passing bell should (Can. 67) be tolled ^^when any is passing out of this life ;" and if he die, then one short peal, and one before the burial and one after. Btma]^ The service should be read, whether the relatives desire it or object (Cripps, 772 ; and see 5 Geo. IV. c. 25, § 4 ; Kemp Wickes, 3 Phil. 264). Fees. None are due of common right, but only by the immemorial custom of each parish, or by a local or other statute.^ The clergyman, however,- cannot, in any case, refuse to bury until the fee is paid (2 Hagg. C. E. 355). If the custom is not in question, the Ecclesiastical Court can, perhaps, enforce the fee (2 Curt. 11). If the custom be in dispute, the fee must be recovered in the common-law courts. ' A jury would probably infer a custom from modern use and regular payment consistent therewith (Spry v. Gallop, 16 M. & W. 716), unless the contrary can be proved by evidence direct or pre- sumptive, as from the unreasonableness of the amount (Bryant v. Foote, 37 L. J. Q. B. 217). BURIALS UNDER BURIAL ACTS. 157 No fee can be demanded by the clergyman of the parish in which a person died, but in which he was not buried (Steer 80), unless, perhaps, by ancient cus- tom (Gibs. 452), or by statute, as under the Burial or Cemetery Acts. (See following section.) The fee generally is 35. M, for the churchyard, and 6s. ScL for the floor of the chancel (Degge, p. 146 ; Gibs. 452 ; 3 Phil. R. 348). After burial the body may not be disinterred without Disinterring, a faculty from the ordinary or the coroner's order, and so doing is a punishable offence (Gibs. 454 ; 26 Law J. M. C. 47 ; 20 & 21 Yict. c. 81, § 25). Section 4, Division 2. — As to Burials under the New Burial Acts, The Oueen in Council, on the representation of the Closure of ^ . . Old Burial- Secretary of State, may order the discontmuance of gi-ounds. burials in any burial-ground (16 & 17 Yict. c. 134, § 1 ; 15 & 16 Yict. c. 85, §§ 10—42, & § § 44, 50, 51, & 52), except in such joint-stock cemeteries as may have been established under the special authority of Parliament (§ 5) (Reg. v. Justices of Manchester, 5 Ell. & Bl. 702). And any person assisting at any burial in violation of such order is guilty of a misdemeanor (§ 3), and liable to a penalty of 10^. (18 & 19 Yict. c. 128, § 1). But license may be granted, under certain circumstances, by the Secretary of State, for the con- tinued use of private vaults and graves ; but this is only where the right to interment was existing at the time of the passing of the Act (16 & 17 Yict. c. 134, § 4). No new buiial-gi'ound can be opened in any closed 158 BUKIALS UNDEK BURIAL ACTS. district without the approval of the Secretary of State (§6), and see Churchyards." Appoint- The churchwardens of any parish, new parish, town- Burial- ship, or district, whether separately maintaining its own poor or not (20 & 21 Yict. c. 81, § 5), 77iay — and if any Order in Council has been made, or notice given to close the burial-ground, they must — call a meeting of the vestry, to determine whether a new burial-ground shall be provided for the parish (18 & 19 Vict. c. 128, § 3),-^ and then to appoint a burial-board, consisting of not less than three, or more than nine persons ; the incumbent being eligible, though not a ratepayer (15 & 16 Vict. c. 85, § 11). Vacancies to be filled up by the vestry (lb. § 12). Vestries of two or more parishes or places may concur in providing one common burial-ground ; or one burial-ground may be appointed for several united parishes (18 & 19 Vict, c. 128, § 11) ; or for parishes, districts, or townships not separately maintaining their own poor, but having separate burial-grounds (§ 12) ; or for parishes, dis- tricts, or other subdivisions, being parts of parishes maintaining their own poor (§ 13).^ In parishes where no burial-board has been ap- pointed, the churchwardens may, at theirl discretion, convene a vestry of ratepayers ; and, if they unani- mously so resolve, a new burial-ground may be con- veyed and settled in all respects as the existing burial- ground (18 & 19 Vict. c. 128, §§ 3 and 10). 1 See Reg. v. Sudbury Burial-Board, 1 Ellis Blackburn & Ellis's Reports, 264, as to places, not parishes, having burial-boards. 2 Extra-parochial places ^' are parishes for the purpose of burials and registration thereof" (20 Vict. c. 19, and see p. 158). BUEIALS UNDER BURIAL ACTS. 159 In boroughs the town council may, by Order in in Council, be appointed the burial-boards for their re- spective boroughs (17 & 18 Yict. c. 87, §§ 1—3) ; and so also may local boards of health (20 & 21 Yict. c. 81, § 4). In boroughs the expense may be either charged on the borough funds or rates (17 & 18 Yict. c. 87, § 3), or raised by a separate burial-rate (20 & 21 Yict. c. 81, § 22).^ The City Commissioners of Sewers are the burial-board for the City of London (15 & 16 Yict. c. 85, § 43). The burial-board, when constituted, proceeds to As to pro- provide a new burial-ground, either within or without Burial the parish, new parish, township, or district (15 & 16 s^^^^^- Yict. c. 85, § 25 ; 20 & 21 Yict. c. 81, § 5). No burial-ground, under these Acts, can be opened within one hundred yards of any dwelling-house, without the concent, in writing, of the owner, lessee, and occupier {Ih. 17 & 18 Yict. c. 37, § 12 ; 18 & 19 Yict. c. 128, § 9). Part of such new burial-ground is to be conse- crated, and part unconsecrated (16 & 17 Yict. c. 134, § 7). And see 20 & 21 Yict. c. 81, §§ 11, 12, as to fences not being necessary between them. Ample powers are given for the purchase of lands for burial-grounds ; and burial-grounds provided under the Church Building Acts, by money borrowed, may be transferred by the incumbent, with the consent of the ordinary, subject to the debt, if any (20 & 21 Yict. c. 81, § 7). Burial-boards may, under 15 & 16 Yict. c. 85, § 28, Surplus and reconvey or let (18 & 19 Yict. c. 128, § 17) lands not ^c!^ 1 As to appropriation of borough lands, fees, &c., see 17 & 18 Vict, c. 87, §§ 6-11. 160 BURIALS UNDER BURIAL ACTS. wanted ; and may appropriate, with approval of vestry, parish lands (15 & 16 Vict. c. 85, § 29). Vestries may purchase closed burial-grounds situate in the parish, but belonging to another parish (20 & 21 Vict, c. 81, § 8). Laying out. The burial-board may lay out ground to the satisfac- tion of the bishop previous to consecration, and chapels Chapels may be built thereon for Churchmen and Dissenters (15 & 16 Vict. c. 85, § 30). The ground maybe either di- vided into consecrated and unconsecrated portions (16 & 17 Vict. c. 134, § 7;18& 19 Vict. c. 128, § 14), or separate and distinct grounds may be provided (20 & 21 Vict. c. 81, § 3); the expenditure to be approved by the vestry, or in default by the Secretary of State (18 & 19 Vict, c. 128, § 6). Burial-boards having burial-grounds adjoining each other, may contract with each other for use of chapels in common (§ 16), and joint burial- boards may be dissolved (20 & 21 Vict. c. 81, § 2). ' Parties^^ T/i^ neiv hurlal-ground, when consecrated, shall be the burial-ground of the jmrish, in which all parties shall have the same rights, fees, dc, as in the old ground (15 & 16 Vict. c. 85, § 32, and 20 & 21 Vict. c. 81, § 5). Burial-boards may sell rights of burial in vaults, and may erect monuments, etc., reserving such fees to the incumbent, in lieu of fees to which he would be entitled in the burial-ground of his parish, as shall be fixed by the vestry, with the approval of the bishop, or as he would have been entitled to by law, should no such settlement of fees have been made (§ 33). The burial- boards fix such other fees for interments, etc., as may be approved by the Secretary of State {Ih. § 34; 18 & 19 Vict. c. 128, § 7) ; and the fees in the consecrated and BURIALS UNDER BURIAL ACTS. 161 unconsecrated portions of ground are to be the same (20 & 21 Yict. c. 81, § 17). Churchwardens' previous rights to fees are reserved to them (15 & 16 Yict. c. 85, § 36). Yestries may, with the approval of the bishop, revise the fees payable to incumbents, clerks, and sextons, or may substitute fixed annual sums (§ 37). The general management of the burial-ground is vested in the burial-boards (§ 38). Arrangements between incumbents of two or more parishes as to the performance of burials, etc., may be made, and be con- firmed by the bishop (§ 39). The compensation fee to Pauper incumbents for pauper burials in cemeteries is not to exceed Is., or the sum received in his parish ground; but in no case to exceed 2^. 6d, (§ 49). And the same limit applies to burials at the expense of hospitals (16 & 17 Yict. c. 134, § 7). Registers are to be duly kept, entries in which are to Registratiou be evidence ; and searches may be made and extract taken, as under the Registration of Births, Deaths, and Marriages Act (16 & 17 Yict. c. 134, § 8). Persons wilfully destroying or injuring the registers, or making false entries, or giving false copies, are guilty of felony. The incumbent and churchwardens of any parish as to dosed having a chapel not locally situate in the parish, the burial-ground of which chapel shall have been closed, may convey such chapel to new trustees, for the use of the parishioners of the parish in which it is situated (15 & 16 Yict. c. 85, § 51). Burial-boards or churchwardens are to keep in decent order parish burial-grounds which have been closed, and are to repair the walls and fences thereof (18 & 19 Yict. c. 128, § 18). And see Chap. Yn. 11 BURIALS UNDER BURIAL ACTS. Where, at the time of the discontinuance of inter- ments in any burial-ground, the fees in respect of burials therein are divided between the incumbent of the parish and the incumbent of any district parish, or other ecclesiastical district, each incumbent shall have the same proportion of the fees in the burial-ground to be provided under the Burial Acts, as he was entitled to in respect of interments in the old burial-ground (15 & 16 Yict. c. 85, § 35 ; and ante, p. 151). And by the same Act (§ 52) the following words and expressions have the several meanings assigned to them, unless there be something in the subject or context re- pugnant to such construction ; that is to say, the word parish" means every place having separate overseers of the poor, and separately maintaining its own poor.^ The words ^'incumbent " and ^' minister" (in respect of any fee made j^c^ycihU to an incumbent or minister under the Act ) mean the clergyman who would have been entitled to the fee had the body been buried in the churchyard or burial-ground of the parish from which it came, or in the burial-ground of the ecclesiastical dis- trict, in case such district had a burial- g^^ound at the passing of the Act ; and if any difference arise between two or more persons severally claiming to be such in- cumbent or minister, such difference is to be deter- mined by the bishop of the diocese. (See Day, clerk, V, Barnsley Burial Board, 6 N. R. p. 156 ; Gell V, Burial Board of Birmingham, 10 L. T. N. S. 497, Q.B.) The expression ^'churchwardens" means also chapel 1 This has been held to include parishes jointly maintaining their own poor. BURIALS UNDER BURIAL ACTS. wardens, or otlicr persons discharging the duties of churchwardens. Under the 5th section of the 20th & 21st Yict. c. 81 A«toNew Parishes ar (the Burial Acts Amendment Act), until a burial-board DiBtncts. is provided for a new parish "or district" created under either of the three New Parishes Acts, and to which they apply {i.e., under the Church Building Acts also), the incumbent, clerk, and sexton are {if any burial-ground has been provided under the Burial Acts for the original parish of which they form part) to per- form the same duties as to burials in such ground, and have the same rights and privileges, fees and emolu- ments, as if the burial-ground were exclusively that of the new parish or district, hut without prejudice to the rights of incumbents, clerks, or sextons of such origi- nal parishes existing at the passing of the Act, i.e., the 25th of August, 1857. In the cases, therefore, of new parishes and districts which had no separate burial- grounds at the passing of the Burial Act of 1852 (1st July, 1852), (15 & 16 Yict. c. 85, § 52), or the in- cumbents of which, when interments were discontinued, had no right to any portion of the burial fees (15 & 16 Vict. c. 85, § 35), or which are not part of original parishes, for which a burial-board has been or shall be appointed (20 & 21 Vict. c. 81, § 5), it appears from what has been stated that until they get burial-boards of their own, or until a burial-board is appointed for the original or mother-parish, their incumbents, &c., have no right to any burial-fees, or to inter their own parishioners ; and in the last case they do not so be- come entitled until the avoidance, or without the con- sent, of the incumbent of the mother-parish who may AS TO BAPTISM. have been such incumbent on the 25th of August, 1857. Under this Act (in the case of all joint- stock ceme- teries, the special Acts of which incorporate the Ceme- teries Clauses Consolidation Act, sections 52 to 57, or contain similar provisions), the cemetery company are bound, on the burial of everybody in the consecrated portion of the cemetery, to pay to the incumbent of the parish or ecclesiastical district from which the body was removed for burial, such fee, if any, as is pre- scribed in the special Act of the company (§ 52). (Yaughan v. South Met. Cemetery, 7 Jurist, N.S. p. 159.) The company are to keep accounts of all such burials (§ 53), and to render them half-yearly to the incumbent (§§ 54, 55). The incumbent for the time being receives the amount, and is to account to his pre- decessor for any fees which belong to him (§ 56). The special Act of every cemetery company should be consulted in order to ascertain whether it contain provisions apportioning the fees payable to incumbents. For further information as to burials under the Burial Acts, the reader should consult Glen's" or ^^Baker's" Burial Acts. Section 5. — As to Baptism. Where. Baptisms were performed originally publicly in rivers. Subsequently (but still by immersion) in fonts at the entrance of the churches. Afterwards (Can. 81) a stone font was directed to be set up in every church, in the ancient usual place, i.e., at or near the west end; and there, and there only, should baptism be publicly admi- AS TO BAPTISM. 165 nistered. Children should be baptized in the church (rubric), i.e,, the church of the parish in which they are born; but upon great cause may be baptized at home ; and if the minister is duly informed of the weak- ness and danger of death of an infant, he must not fail to baptize it speedily and privately, under penalty of suspension (Can. 69). The direction of the rubric should in strictness be How. observed ; still custom has sanctioned frequent depar- tures from it (Cripps, 695). Baptism should be ministered on Sundays or other when, holidays (but, if necessary, on any other day), either immediately after the Second Lesson in the Morning or Evening Service, at the discretion of the clergyman. (See rubric.) There should be, for a male child, not less than two sponsors. godfathers and one godmother, and for a female child not less than two godmothers and one godfather (rubric). All should be communicants, and the father must not stand as sponsor (Canon 29).-^ Wanton names which do sound to lasciviousness" Name. must not be given (Lind. 245), and the bishop might change such names at confirmation (1 Inst. 3a, 1 Burn, E. L. 110) ; but it is conceived that he could not do so now, as such a practice is not authorized by the Book of Common Prayer, and would therefore be in violation of 13 & 14 Car. I. c. 4. (See Stephens on the Common 1 The attempt to alter this Canon was, it seems, futile. Convoca- tion, even with leave from the Crown, cannot alter any Canon which has been confirmed by the Act of Uniformity. An Act of Par- liament is necessary. This is supported by the opinions of Sir F Kellv, Lord Cairns, Mr. A. J. Stephens, Q.C, and others. (And see Chap. II.) 166 THE lord's SUPPEB. Prayer, vol. iii. 1491.) Christian names cannot there- fore be changed, although a surname may be changed at pleasure. Essentials to These are only the invocation of the Holy Trinity valid Bap- ^nd the element of water — ^Werbum et elementum." Private baptism (rubric) and lay baptism (Steer, 151) are sufficient, and entitle to burial according to the rights of the Church (Escott v, Martin, 4 Moore, P. C. c. 104; 2 Curt. 692; and see Gorham v. Bishop of Exeter, 14 Jur. O.S. 443). Lay Baptism Is an irregularity only, not a nullity (same cases). Fees. No fee is due of common right, nor unless by custom, and no action lies for the fee when the office is per- formed by another (1 Salk. 332). No fee can be taken for baptisms, or the registration thereof, in districts and new parishes formed, or, as it is conceived, becoming such, under the New Parishes Acts of 1843, 1844, and 1856 (6 & 7 Yict. c. 37, § 15), nor are these fees to be taken in '^District Chapelries" for baptisms authorized by supplemental order under the 14th & 15th Vict. c. 97, § 17. All baptisms, public and private, must be registered (52 Geo. III., c. 146, § 3). Section 6. — The LorcVs Supper, When to be Not unless three at least communicate (2 Burn, E.L. 425). Every parishioner should do so at least three times a year, Easter being one (Gibson, 387). In collegiate churches and cathedrals it should be cele- brated every Sunday, at the least, unless there be rea- sonable cause to the contrary (rubric). THE lord's supper. 167 By the Canons 26 and 27 it is to be refused to those To whom it 1 • n 1 • Bhould be who offend by adultery, nicest, drunkenness, swearing, refused, ribaldry, usury, malicious and open contention with their neighbours, openly living in notorious sin, or other uncleanness or wickedness of life ; and it is doubtful if any action lies against the minister for refusing to ad- minister the Sacrament to any particular individual (Steer, 153; 1 Sid. 34). Notice should be sjiven by the minister of its ad- ^'oticeby ... . . and to the mmistration on the preceding Sunday, or holiday ; and Minister, those intending to communicate, should, in strictness, give notice to the minister at least the day before (Cripps, 788). This must be in both kinds (1 Edw. VI.), and maybe Howto be ^ , ' *^ adminis- privately, when necessary ; but in no such case to one tered. person only. There must (according to the rubric) be three, or two at the least. Alms for the poor and oblations for the minister The Oflfer- tory. should be collected by the deacons, wardens, or other fit persons, to be taken to the minister of the parish, to be disposed of after Divine Service, and employed in such pious and charitable uses as he and the church- wardens think fit, or, if they disagree, by the ordinary (2 Burn, E. L. 427). If collected in a chapel {i.e., a chapel of ease or proprietary chapel), they should be paid over to the minister and churchwardens of the parish (2 Hagg. E. R. 30, and Rubric, and ^upra, Chap. V. Div. 1). The same rule will apply to the offertory in ^'new" ^f^^^"^^ and other j^arishes formed under these Acts and the Building New Parishes Acts. In district chapelries and consolidated chapelries the 168 CHUECHINGS. alms are disposed of by the minister and churchwardens thereof (8 & 9 Yict. c. 70, § 6). Reviling. ReviKng the Lord's Supper is punishable by impri- sonment under the 1st Edw. lY. c. 1, § 1. Section 7. — Churchings. This service appears, from the Book of Common Prayer, to be designed — 1, for all women safely deli- vered in childbirth; and, 2, to be performed during the Morning Service on a Sunday, or perhaps also on a week-day. It would therefore seem (a) that a clergyman would not be justified in refusing to perform the service for an unmarried woman (Baron Alderson in R. v. Benson, clerk, quoted in Prid. Churchwardens' Guide, 388), and {b) that he ivould be legally justified (subject, perhaps, to the control of the bishop) in refusing to perform the ofiice, except during or immediately after the full Morn- ing Service. CHAPTER XII. The Ecclesiastical Commission. Some notice of this important corporate body appears to be desirable. These Commissioners were appointed by the 6th & when ap- 7th Will. lY. c. 77, with power to hold land, notwith- p'''''*^^- standing the statutes of mortmain. They were to mature and lay before the king in Duties, council schemes for the improvement of the ecclesi- astical system, both as regards the state of the several dioceses, the amount and management of their reve- nues, and the more equal distribution of their duties, the state of the cathedral and collegiate churches, and as to the best mode of providing for the cure of souls and the residence of the clergy in their cures. Their powers sufficiently appear in other parts of this book, more particularly in those relating to parishes and their subdivisions, and to glebe and endowments. The schemes of the Commissioners, when ratified schemes of. by Order in Council, duly registered in the diocese, and gazetted, become law. Under the 13th & 14th Yict. c. 94, this Board has church Es- been appointed, forming a Committee of the General missioners. Board, and who regulate sales, purchases, exchanges, and the management, &c., of lands, &c. 170 THE ECCLESIASTICAL COMMISSION. The property at their disposal, comprising certain deaneries, suspended canonries, sinecure rectories, and the endowments of other dignities, are to form a common fund, and be employed in augmenting the smaller bishoprics, and providing for the cure of souls in parishes where such assistance is most re- quired ; " and where tithes are so applied, ^*due con- sideration is to be had of the wants and circumstances of the places in which such tithes arise" (3 & 4 Yict. c. 113, § 67, and 13 & 14 Yict. c. 94). To report The Commissioners report their proceedings an- anmially. j^^<^|ly^ q^. I^q^q^q Jgt of March. CHAPTEK XIII. Glebe, Leases, etc. EvEEY ancient church ought of right to have a manse oiebe. and glebe (Com. Dig.). Ecclesiastical persons, whether rectors, vicars, or incumbent's perpetual curates, are quasi-tenants for life only of the ^ ^^^"^ lands, &c., which they hold jure ecclesicB (Crui. Dig. tit. 3, ch. 1). They may not, therefore, alienate, con- sume, or destroy those things which are not included in the temporary profits of the land, to the injury of their successors. Accordingly they are punishable in the Ecclesiastical Court, or may be restrained by injunction in Chancery, if they open new mines or gravel-pits, unless with consent of the patron and ordinary and the Ecclesiastical Commissioners (6 Jurist, N. S. 1288), (though they may work those already opened), or if they cut timber except for repairs (Cripps, 234, 3 Mer. 425) ; in which case the consent of the patron and ordinary, or the permission of the Court of Chancery, should be obtained (5 De Gr. & S. 174). But only the patron, or a person specially interested, could interfere by injunction (3 Mer. 425), unless in ease of collusion between patron and incumbent, when the bishop may proceed (6 Jurist, N. S. 1288). Prima facie, no rector or vicar can make any lease Leases. 172 GLEBE, LEASES, ETC. to bind his successor without the consent of the patron and ordinary (Co. Litt. 44). Until the 6th & 7th Will. IV. c. 20, all ecclesias- tical corporations, whether aggregate (as colleges, &c.) or sole (as parsons, vicars, &c.), were restrained by statute from making leases unless, 1st, they were for not more than twenty- one years or three lives. — 2. Of lands commonly let for twenty years past. — 3. The accustomed rent, or more, must be reserved. — 4. Houses in corporate or market-towns might be let for forty years, the lessee repairing, and might also be exchanged for land of equal value. — 5. The old lease (if any) must in general expire, or be surrendered, within three years. — 6. The lease must not be without impeachment of waste^ (and see 39 & 40 Geo. III. c. 41), nor could the parson himself commit waste. The consent of the patron was necessary (Co. Litt. 44) to leases of glebe.^ The law stated above prevails still, subject to the following alterations : — Renewal of By 6 & 7 Will. lY. c. 20, § 1, concurrent leases Leases. cannot be granted, i.e., no new leases shall be granted until one or more of the lives in the previous lease shall die, and then only for the surviving life or lives, and the new life or lives to make up the original number of lives, not exceeding three. Where the previous lease was for a term of forty, thirty, or 1 That is, the tenant must be restricted from cutting timber, pulling down buildings, &c., opening new mines, gravel pits, &.c. 2 A lease in excess of the power would, however, be good as against the incumbent, during his incumbency, though not binding on his successor. GLEBE, LEASES, ETC. 173 twenty-one years, then fourteen, ten, or seven years must have first expired respectively, unless it is shown to, and testified by, the archbishop, that for ten years before the Act a custom to renew for shorter periods had prevailed, and before the existing incumbency commenced (§4). A lease for years cannot be re- newed with lives ; but a renewed lease might be granted by way of exchange for the lives in being (§ 5). As to the consents required, see § 7. Farming leases may, by the 5th & 6th Yict. c. 27, Farming § 1, be granted for fourteen years, subject to the best yearly rent, payable quarterly without fine (the consent of the patron and bishop to be obtained), the lessee to be restricted from committing waste, and to covenant not to assign, to cultivate properly, to leave the lands and premises in good condition, to insure and reinstate the buildings in case of fire, the timber to be reserved with a power of re-entry on a breach of covenant. The term may be twenty years on an improving lease (§ 1). A surveyor, appointed by the bishop, patron, and incumbent, must previously have reported in favour of the lease (§8). The parsonage-house and ten acres of glebe lying convenient for occupation cannot be so let (§ 2). By 5 & 6 Yict. c. 108,^ with the consent of the Bmiding Ecclesiastical Commissioners (§ 21) and of the patron, i^gL^Ss! and on the report of a surveyor appointed by the Commissioners and intended lessor, lands and houses may be leased for not more than ninety-nine years, on a building or a repairing or improving lease (§ 2) ; but * Leases under this Act were void if any fine, or anything in the nature thereof, was directly or indirectly taken. (See next page.) GLEBE, LEASES, ETC. this does not include the parsonage-house and pleasure- grounds, and ten acres of glebe, if convenient for occu- pation (§§ 7, 9). Special covenants must be inserted on the part of the lessee, according to § 2. Land may be appropriated for streets, roads, etc. (§ 3). Mines. Mines (§ 6), water, v^ater- courses, and other ease- ments, may be leased in like manner for sixty years (§4). Improved The Ecclesiastical Commissioners may, within three value. years from the date of such leases, direct that, on the next avoidance, all or part of the increased annual value thus obtained be applied in making additional provisions for the cure of souls," by a scheme of which the patron is to have notice. Care is primarily to be paid to the wants of the district, and the incumbent is to have left to him, if his population amount to 2,000, not less than 600L a-year ; if 1,000, 500Z., and never less than 300/. (§§ 10—15). In case of mining improvements,^ the Commissioners may direct that not more than three -fourths, nor less than one-half, of the improved value shall be paid to them ; and the remainder shall be deemed to be an im- provement of the benefice (see §§ 13 & 14). By the 21st & 22d Yict. c. 57, § 1, leases may be granted under the last-stated Act of lands, houses, mines, &c., in consideration of premiums paid down, or for such other considerations and upon such terms and with such provisions generally as the Commis- 1 This sect. (14) of this Act, as to the payment of a portion of the improved value of mining leases to be granted thereafter by the rector, vicar, or incumbent, is repealed by the 21st & 22d Vict. c. 67, § 10, as to future leases. GLEBE, LEASES, ETC. 175 sioners may think proper in each case, and with the consents required by the said Act. And with the same consents, sales or exchanges and partitions may be Sales, etc. efiected ; but no sale shall be effected by an incumbent unless three months' notice shall have been given to the bishop (and see § 10 as to the Commissioners' receipt and application of such portion of the improved income as they think fit, and repealing § 14 of the 5th and 6th Yict. c. 108). The clergy, as such, are prohibited from purchasing Purchase, lands without a license in mortmain ; but there are several relaxations under the Church Building Acts, and the New Parishes Acts, and other statutes. (See the 29th Car. II. c. 8 ; 1 & 2 Will. lY. c. 45 ; 1 & 2 Vict. c. 187 ; 3 & 4 Yict. cc. 60 & 113 ; 4 & 5 Yict. c. 37 ; 6 & 7 Yict. c. 37 ; 14 & 15 Yict. c. 97, § 8; 19 & 20 Yict. c. 104.) By stat. 14 & 15 Yict. c. 104, any ecclesiastical ^les of^^^ corporation, sole or aggregate, with the consent of the Church Estate Commissioners, may sell to their lessees their reversion or interests in their lands under lease, and may enfranchise copyholds, the money arising therefrom to be laid out as directed by the Act ; also monies to be invested for the benefit of such corpora- tions may be laid out in the purchase of the interest of their lessees in leases before granted to them. All lands thus acquired shall be let only from year to year, or for a term in possession not exceeding fourteen years, except that, with the approval of the Church Estates Commissioners, mining or building leases of the same may be granted. Exchanges are permitted under and regulated by Exchanges. 176 GLEBE, LEASES, ETC. Charges. Apportion- ment of Glebe, etc. Drainage and Im- provement of Glebe. the 55th Geo. III. c. 147, § 1, with the consent of the patron and bishop. (See 6 Geo. IV. c. 8, and supra, Sales," etc.) Exchanges may also be made, with the consent of the patron and ordinary, through the Tithe Commissioners (5 & 6 Vict. c. 54, §§5, 9), and this although no proceeding for commutation of tithes may be pending (9 & 10 Vict. c. 73, § 22). Incumbents are restrained from charging their bene- fices, or the tithes or other emoluments arising there- from (13 Eliz. c. 20 ; 57 Geo. III. c. 99 ; 10 Barn. & Ores. 241), and a device to evade this Act, as a lease or agreement, is void (ih, 6 Exch. 1, and 24 L. T. Rep. 281) ; but under 17 Geo. III. c. 52, money may be borrowed to repair or rebuild parsonage-houses. (See Chap. XIV.) As to the apportiomnent of glebe, endoiomeiits, and charities, under the Church Building Acts and New Parishes Acts, see the chapter on the various Eccle- siastical Subdivisions of Parishes under these Acts (58 Geo. III. c. 45 ; 59 Geo. III. c. 134 ; 3 Geo. IV. c. 72, § 11 ; and 19 & 20 Vict. c. 104, §§ 25, 26, and 31, Appendix A). See also the case of In re North Wing- field Charity, in which lands given in trust for repair of a parish church were held to be not apportionable between the mother-parish and a district chapelry ; but the surplus, if any, after the repair of the parish church, might be so applied (3 Law Times, N. S. 237). This may be efi'ected either (a) through the Court of Chancery, under the 8th & 9th Vict. c. 56 ; or (b), as is more usual, through the Inclosure Commissioners, under the 9th & 10th Vict. c. 107, and Acts extending or amending it. GLEBE, LEASES, ETC. 177 (a) By the 8th & 9th Yict. c. 56, incumbents, in com- mon with other landowners, may petition the Court of Chancery for leave to make improvements, and to charge the expenses of so doing on the inheritance ; and if the court think the improvements beneficial, the money, when expended, is charged on the inheritance, with in- terest at the rate agreed on, not exceeding 5 per cent., payable half-yearly, and the principal money is repaid by equal annual instalments, not less than twelve, nor more than eighteen, or, in the case of buildings, not less than fifteen, nor more than twenty-five. (h) Under the General Drainage and Improvement Acts, (9 & 10 Yict. c. 101, 10 & 11 Yict. c. 11, 11 & 12 Yict. c. 119, 12 & 13 Yict. c. 100, and 13 & 14 Yict. c. 31), incumbents, with the consent of the bishop and patron, are enabled to execute works for the drainage, improvement, reclamation, etc., of glebe lands, and to erect permanent farm buildings, etc., thereon, or to enlarge and improve existing buildings, the expense being charged upon the living by way of rent- charge, at the rate of 61, 10s. for every 100/., by means of which the whole outlay and expense is defrayed in a period not exceeding twenty-two years. The work, which is to be under the supervision of the Inclosure Commissioners, may be executed either by the incumbent himself, or through the agency of the Land Improvement Company or Land Loan and En- iranchisement Company, who (under their private Acts) will advance all the requisite funds, being repaid by rent-charge in twenty-two years, as above stated. The money may also be advanced by private indivi- duals (12 & 13 Yict. c. 100), or by the incumbent, who 12 178 GLEBE, LEASES, ETC. may in that case have the rent-charge secured upon his Hving, and so repay himself in case of his avoid- ance before the term of the rent- charge has expired. Not more than 5,000/. is to be advanced to the same incumbent (13 & 14 Yict. c. 31, § 5), and the interest is in no case to exceed 5 per cent. As to Charities, see further Chap. XVI. CHAPTER XIV. Paksonages, Dilapidations, etc. Any person or corporation, owners in fee, may give to Acquisition, the incumbent a house, garden, &c., where there is no parsonage, or none suitable (55 Geo. III. c. 147, § 5). When the glebe is less than, or does not exceed, five acres, the incumbent, with consent of the bishop and patron, may purchase not exceeding twenty acres for a parsonage or glebe, and may borrow for the purpose beyond what he may borrow under Gilbert's Act, not exceeding two years' net income for a term of twenty- five years (55 Geo. III. c. 147, § § 6 & 7). The interest and 5L per cent, of the principal to be paid yearly. Under the 17th & 18th Yict. c. 84, § 2, the incum- bent of any benefice entitled to glebe may, with the consent of the bishop and patron, annex it to any church or chapel within the parish or district, or place wherein such glebe is situate. See infra, Queen Anne's Bounty, Chap. XY. § 3. Under Gilbert's Act (17 Geo. III. c. 53, as amended by 1 & 2 Vict. c. 23 ; and 5 & 6 Vict. c. 26) money, not exceeding three years' net income^ of the living, after deducting all outgoings except curate's salary, may, ^ This is under the 1st & 2d Yict. c. 23, § 1. In the case of incum- bents instituted svhsequent to August the 14^A, 1838,yowr years' net in- come may now be charged under the 1st & 2d Vict. c. 106, see infra. 180 PARSONAGES, DILAPIDATIONS, ETC. with consent of the bishop and patron, be raised from the Governors of Queen Anne's bounty, at interest not exceeding 4 per cent; or otherwise,^ on mortgage of the benefice, at interest, or from colleges or corporations, being patrons of the living, icitJiout interest, for twenty- five or thirty-five years, in order to purchase a site and build a parsonage house, or to purchase, or to rebuild, or repair a parsonage house, ^ with necessary buildings in each case. One-thirtieth part of the principal to be repaid yearly, after the first year ; the interest is paid half-yearly.^ Sale or Ex- * A Sale or exchange of parsonages, for others more change. convenient, with consent of bishop and patron, may also be made (35 Geo. III. c. 147; 1 Yict. c. 23, §§ 7, 8, & 9 ; and 5 & 6 Yict. c. 26); and by the Tithe Com- missioners under 5 & 6 Yict. c. 84, § 2 (see p. 171); and 1 Either to repair, rebuild, or add to the parsonage ; and the incumbent himself may lend it (Boyd v. Barker, 28 Law Jo. Ch. 445). 2 As to the incumbents instituted before the 14th August, 1838, three years' value only can be raised under the two earlier statutes. ^ By the 28th & 29th Vict. c. 69, these powers are extended to the purchase of any land, not exceeding twelve acres, contiguous to, or desirable to be occupied with, the parsonage or glebe, or for building necessary offices, stables, or fences, or for restoring, rebuilding or repairing the chancel (where the incumbent is liable to do so), or for building, improving, enlarging, or purchasing any farm house, or farm buildings, or labourers' dwelling-houses belonging to, or desirable to be acquired for, any farm or lands appertaining to the benefice ; and out of the money borrowed the expenses of architects, and of the re- quisite purchase and mortgage deeds and incidentals thereto, may he defrayed. Persons under disability, corporations, trustees, officers of public departments, Cress. 26). Section 3. — Reviling Religion^ dc, Reviling the Lord's Supper subjects to a fine and imprisonment (1 Eliz. c. 2 ; 1 Edw. lY. c. 1). If any clergyman speak in derogation of the Book of Common Prayer, he shall, if not beneficed, be im- prisoned one year for the first ofi'ence, and for life for the second. If beneficed, for first offence he forfeits a year's value, and is imprisoned for six months ; for se- cond offence he is deprived and imprisoned for twelve months ; and for third offence he is deprived and im- prisoned for life (1 Eliz. c. 2). If any person (not being a Protestant Dissenter, 31 Geo. III.) shall, in plays, songs, or other open words, speak in derogation of the Book of Common Prayer, or shall forcibly prevent its being read, or read any other in its stead, he shall forfeit, for the first offence, 100 marks ; for the second, 400 ; and for the third he forfeits all his goods and chattels, and is to be imprisoned for life (1 Eliz. c. 2 ; and see 9 & 10 Will. III. c. 32, suj^ra). Turning Christianity into ridicule is an indictable offence (1 Yent. 293 ; 3 Keb. 607). Using any other form of prayer, rite, or ceremony than that contained in the Book of Common Prayer is punishable in the Ecclesiastical Court under the Church Discipline Act, and at common law under the Statutes of Uniformity (1 Eliz. c. 2 ; 13 & 14 Car. H. c. 4). 15 226 OFFENCES. Se c tion 4 . — B lasph emy Is denying the being and providence of God, or utter- ing contumelious expressions as to the Holy Scripture or our Saviour. It is punishable by fine and imprisonment (Hav^k. P. C. vol. i. p. 358)y and so is a blasphemous libel Section 5. — Sivearing and Cursing, By the 19th Geo. II. c. 21, every labourer, sailor, or soldier profanely swearing forfeits Is. ; every other person under the degree of a gentleman, 2s. ; every gentleman, &e., 5s., to the poor of the parish. On second conviction, double penalty ; on a third, treble is inflicted. In default of payment, the sentence is imprisonment for ten days. Section 6. — Religious Impostors, False pretenders to an extraordinary commission from heaven, or persons using false denunciations of judgments, are punishable by fine and imprisonment (Hawk. P. C. vol. i. p. 358). Section 7. — Profanation of the Lord's Day, No fair or market is to be held on any Sunday (13 & 14 Yict. c. 23), or on Good Friday, unless for neces- sary victual, on pain of forfeiting the goods exposed for sale (27 Hen. VIII.). No persons may assem- ble out of their own parishes for any sport whatever PEOFANATION OF THE LORd's DAY. 227 upon Sunday, nor in their parishes shall use any bull or bear baiting, interludes, plays, or other unlawful exercises or pastimes, and every offender pays 85. 4cZ. to the poor (1 Car. I. c. 1). No tradesman, artificer, workman, labourer, or other person whatever, is al- lowed to do any ivork of their ordinm^y calling upon the Lord's-day, works of necessity and charity only ex- cepted, and every person of fourteen years or upwards so offending forfeits 55. ; and no person shall publicly expose to sale any wares whatever upon the Lord's-day, upon pain of forfeiting the goods (29 Car. II. c. 7) ; and no drover, carrier, or the like shall travel or come into his inn or lodging on that day, upon pain of forfeiting 20s. This applies to vans, but not to stage-coaches. No person on that day shall serve or execute any pro- cess (except for treason, felony, or breach of the peace), and such service or execution, if made, shall be void. Also by 21 Geo. III. c. 49, any houses which shall be used for public entertainment or public debate on the Lord's-day, and to which persons shall be admitted by the payment of money, shall be deemed disorderly houses, and subject to punishment accordingly. And by 18 & 19 Yict. c. 118, no licensed victualler, or per- son licensed to sell beer by retail, or to sell fermented or distilled liquors, or entitled to sell wine as a vintner of the City of London, shall open his house for sale of such liquors, or sell the same on Sunday, Christmas Day, Good Friday, or any Fast or Thanksgiving Day, between the hours of three and five o'clock in the after- noon, nor after eleven o'clock in the afternoon of any such day, or before four o'clock in the morning of the day following the same. Liquor, how^ever, may be OFFENCES. sold to a traveller or lodger. Moreover, by the same Act, no person shall, except in the way of refreshment for travellers, open any house or place of public resort for the sale of fermented or distilled liquors, or sell such liquors therein, within the times during which the sale thereof, by licensed persons or vintners, is pro- hibited as above mentioned. The penalty in each case is the forfeiture of a sum not exceeding 5Z. for every oJBfence, to be recovered on summary conviction before a justice of the peace, and every separate sale is a sepa- rate offence. Section 8. — Profanation, dc, of ChurcJies and Chapels, All persons are protected from arrest, in civil pro- ceedings, in church either on Sundays or on week-days, if attending religious services (Steer, 51). Clergymen are, in like manner, privileged in going to, or whilst performing or returning from, divine service (9 Geo. lY. c. 31, § 23). Brawlinar. Quarrelling, chiding, or brawling, by words only, in any church or churchyard, whether by a layman or a clergyman, is punishable in the Ecclesiastical Court, under the 5th & 6th Ed. YI. c. 4, by suspension of the layman from entering the church, or, if a clerk, from ministration of his office ; or at common law (Steer, 52).^ Passionate language (though by way of admonition) used by a clergyman during divine service has been held to be brawling (ih.) ; and so is reading a notice during 1 By the 23d and 24th Vict. c. 32, the jurisdiction of the Ecclesi- astical Court, in cases of brawling, etc., against persons not in holy- orders, is taken away. PROFANATION OF CHURCHES AND CHAPELS. 229 divine service without due authority (2 Add. K. 463). Violent misbehaviour to the minister whilst presiding in a vestry, though not on consecrated ground, is perhaps punishable as an ecclesiastical offence (2 Add. E. 463). Persons wilfully and maliciously disturbing any Disturbing ... . - Minister or mmister or congregation durmg divme service may be Congrega- apprehended by the constable, churchwarden, or other person present, and taken before a magistrate and punished, and on conviction fined (52 Geo. III. c. 155, § 12; 4 M. & S. 508). This extends to all lawful meetings for religious worship (9 & 10 Vict. c. 59, § 4). By the 23d & 24th Vict. c. 32, § 2, riotous, violent, or indecent behaviour in any church, chapel, or certified place of worship, whether during service or not, or in any churchyard or burial-ground, and the molesting, disturbing, vexing, troubling, or by any other unlawful means disquieting or misusing any duly authorized preacher or clergyman ministering therein, are offences punishable, by two justices, with 61. penalty, or im- prisonment for two months. The offenders may be apprehended by any constable or churchwarden (§3). Kobbing, &c., a church, is burglary (3 Burn, Inst. Robbing, 64 ; 6 & 7 AVill. IV. c. 4 ; and 5 & 6 Will. IV. c. 81). ch^lrchl Burning a church or any chapel wilfully, and breaking and entering a church, and stealing any chattel therein, is felony (1 Vict. c. 29, §§ 3 & 5); and so is riotously demolishing or beginning to demolish any place of worship (4 & 5 Vict. c. 56, § 2 ; 6 Vict. c. 20; and see 24 & 25 Vict. c. 97, §§ 1, 11, 12, and c. 96 §§ 31, 60, 57). Plays are forbidden in churches (Canon 88), as also piays. 230 OFFENCES. parish or other musters" or meetings; they may, however, assemble in the porch, and then adjourn to some room in the parish. Wearing In- By the CathoHc KeHef Act, the 10th Geo. IV. c. 7, Officein. § 25, it is enacted that no person holding a judicial, civil, or corporate office, shall be allowed to attend in his official costume, or with the insignia of his office, at any place for religious worship, other than that of the United Church of England and Ireland ; or in Scot- land, other than the Presbyterian Established Church of Scotland ; under pain of forfeiture of the office, and a penalty of lOOL for every offence. By the 18th & 19th Yict. c. 91, all places of reH- gious worship not being churches or chapels of the Established Church may, if the congregation should desire it, be certified to the Registrar- General, and places so certified are exempt from the operation of the Charitable Trusts Acts. Open Door. By 52 Gco. III. c. 155, no congregation is to meet for religious worship with the door locked or otherwise fastened, under a penalty of 20L, or not less than 40s., on the person preaching (§ 11). See also ^'Churchwardens," ''Offences." Section 9. — Obstructing or Assaulting Clergymen. Assaulting or obstructing a clergyman or minister in the performance of worship or service in a church, &c., or burial-ground, and arresting him therein or in going to or returning therefrom, are misdemeanours (24 & 25 Vict. c. 100, § 36). CHAPTER XX. Other Offences. Division 1. — Disorderly Houses. Keeping a common gaming-house is a nuisance, and the keeper may be indicted, and by 58 Geo. III. c. 70, persons appearing or acting as masters are to be con- sidered as keepers. The 38th Hen. VIH. c. 9, pro- hibits the keeping of any gaming-house for profits, under a penalty of 40s. a- day ; but merely playing at an inn, where the owner derives no benefit from it, is not within the Act. Persons keeping a common gaming-house, a com- mon bawdy-house, disorderly inns, or a common, ill- governed, and disorderly house, playhouses not licensod or improperly conducted, or unlicensed booths or stages, are subject to imprisonment and hard labour ; and by 2 & 3 Yict. c. 47, any reputed common gam- ing-house in the metropolis may be forcibly entered by the police, and all present taken into custody. And see, as to punishment of those who keep or frequent betting or gaming-houses, 8 & 9 Vict. c. 109, and 17 & 18 Yict. c. 38. If two inhabitants of any parish, paying scot and lot, give notice in writing to the constable of any per- son keeping a bawdy-house, make oath thereto, and OTHEE OFFENCES. enter into a recognisance in 20L each, the constable shall prosecute at the next sessions or assizes. Pro- vision is made for the constable's expenses, and lOL is to be paid to each of the informants by the overseers. Division 2. — Falsification, dc, of Registers, Knowingly to insert, cause or permit to be inserted, in any registry of baptisms, marriages, or burials, any false entry relating thereto ; forging, altering, or know- ingly uttering any such false entry ; wilfully to destroy, cause or permit to be destroyed or injured, any such register, or part thereof ; forging, altering, or know- ingly uttering any forged licenses of marriage ; — all these cases are punishable with transportation for life, or any term not less than seven years, or imprison- ment not exceeding four nor less than two years (4 Steph. Bl. 289 ; 6 & 7 Will. lY. c. 86, § 43). But upon the officiating minister discovering any error in S^Errors" entry, he may, in the presence of the parents of the child baptized, or parties married, or of two per- sons present at the last illness, or, in case of the death or absence of any of those parties, then in the pre- sence of the Superintendent-Registrar and two credible witnesses, within one calendar month after discovery, correct it in the margin (ib, § 44). In the copy of register transmitted to the registrar of the diocese the corrections made by the minister must be certified (and see Chap. III., Duty as to Registers," p. 23). N.B. — The italics in the statutes in the Appendix, except in the case of proper names, ates, titles of statutes, and the like, are in- troduced by Liic author for the reader's guidance. APPENDIX A. THE NEW PARISHES ACTS. VIZ. : SIR ROBERT PEEL'S ACTS, 1843 & 1844, and LORD BLANDFORD'S ACT, 1856. 1. Act of 1843. 6 & 7 YicT. c. 37. An Act to make better Provision for the Spiritual Care of Populous Parishes} [28th July, 1843.] Wheeeas it is expedient to make better Provision for the Spiritual Care of populous Parishes, and to render the Estates and Revenues vested in ^'The Ecclesiasti- * This and the two following Acts afford a simple and most com- plete means of effecting the subdivision of parishes into ecclesiastical or " new " parishes and districts^ and provide a method by which all existing districts, chapelries, &c., may also become "new " parishes, and be thus rendered ecclesiastically independent of the mother- parish. (See Chap. IV.) 234 Appendix A. Queen Anne's Bounty- Board may lend Eccle- siastical Commis- sioners for England a sum of Stock. Bounty Board may lend further Sums of Stock. Commis- sioners to pay Divi- den is half- yearly. cal 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 Con- sent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Authority of the same. That the 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 Eeverend William Hoivleg, Lord Archbishop of Canterbury, may, upon the security hereinafter mentioned, 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, 2. And be it enacted. That at any Time and from Time to Time the said Commissioners may borrow, and the said Governors and the Archbishop of Canter- bury for the Time being may, if they shall think fit, lend and transfer to the said Commissioners, 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. 3. 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 Ai^ril and the Fourteenth Day of October in every Year, a Sum equal in Amount to the Amount of the Dividends SIR ROBERT PEEL's ACT, 1843. 235 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 Commissioners at any Time to replace the whole or any Part of any ^ such Sum or Stock. 4. And be it enacted, That all the Monies from i^operty of Time to Time accruing to the said Commissioners by the commis- reason of the Suspension of Canonries by or under under\he the Provisions of an Act passed in the Session of Par- ^^^^^^^^^^ liament held in the Third and Fourth Years of the Security Eeign of Her present Majesty, intituled A7i Act to such LoL cairy into effect, with certain Mo diji cations, the Fourth 3^4 y^^^ Report of the Commissioners of Ecclesiastical Duties c. 113. 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 ex 4 & 5 Vict. plain and amend Two several Acts relating to the Eccle- siastical Commissioners for England, and all the Lands Tithes, Rentcharges, Tenements, and other Heredita- ments vested or to be vested in them under the Provi- sions 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 Pay- ment, 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 mentioned the said Grovernors shall, by virtue of this Act, and upon Proof of such Default, have the same and the like Remedies at Law against the said Ecclesi- astical Commissioners for England, and upon and over all the Monies, Lands, Tithes, Rentcharges, Tene- ments, and other Hereditaments in their Possession or Power under the Provisions of the said recited Acts, 236 Appendix A. for the recovery of glicIi Capital Stock, or so much thereof as shall then remain unreplaced, together with all Arrears or half-yearly Payments due thereon as afore aid, as if the said Commissioners had duly executed a Deed under their Common Seal, cove- nanting for Repayment to the said Governors of such Stock and for making such half-yearly Payment on the Day when such Default shall have become com- plete as aforesaid ; and that such Transfer and Accept- ance as aforesaid shall be sufficient Evidence of such Covenant. Bounty 5. Provided also, and be it enacted. That it shall be ^q^re^^"^ lawful for the said Governors, if they shall see fit, at Repayment or after the Expiration of Thirty Years from the Date ato^Thfrty of the lending and transferring of the said Sum, and Years. qj. 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 Arch- bishop 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 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. Comms- 6. And be it enacted. That, notwithstanding the have fuu Charge by this Act created, all the same and the like Rights of Rights and Powers of Ownership as are possessed and Ownership • » over the eujoyed respecting and over any Lands, Tithes, Rent- SIR EGBERT PEEL's ACT, 1843. 237 charges, Tenements, or other Hereditaments whatso- Lands, etc, ever, hj any absolute Owner thereof, shall be enjoyed theJ^^^ by the said Commissioners with respect to and overall J^^^f^^^^^ or any Lands, Tithes, Rentcharges, Tenements, and ditions. 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, Eent- 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 Go- vernors shall not be in any case required to the Exer- cise 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, Transfer, or Conveyance by the said Commissioners of any such Lands, Tithes, Tenements, or other Heredita- ments, 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 Com- missioners to apply any such Sum or any Part thereof in replacing any Stock so lent and transfeiTed 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, Rentcharges, Tenements, or other Heredita- ments, or of some Estate or Interest therein, and shall in the meantime be invested in some Government or Parliamentary 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, 238 Appendix A. Commis- sioners to have full Power over Stock. Stock not to be nsed, nor Lands sold, without Approval of Her Majesty in Oouuc l. Districts may be con- st] tnted for Spiritual Purposes : Eentcharges, Tithes, Tenements, and other Heredita- ments, to the Purposes of the said recited Acts or of this Act. 7. 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 Eight of Property over all the Stock so lent and transferred to them by the said Governors as aforesaid. 8. 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 afore- said 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 Commis- sioners, and an Order issued by Her Majesty in Council, ratifying such Scheme. 9. And whereas there are divers Parishes, Chapel- ries, and Districts of great Extent, and containing a large Population, wherein or in Parts whereof the Provision for Public "Worship and for Pastoral Super- intendence is insufficient for the Spiritual Wants of the Inhabitants thereof : Be it therefore enacted, That if at any 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 Chapel- ries. District or Districts, or [that] 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 aforesaid,^ 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 Dis- ^ That is, by a Scheme ratified by Order in Council. SIR EGBERT PEEl's ACT, 1843. 239 trict not then containing ivithin its Limits any conse- crated Clmrch 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 Commissioners, 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 Com- missioners or to such Bishop any Observations or Objections upon or to the constituting of such Dis- trict ; 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 Incum- bent and Patron or Patrons shall in the meantime consent to the same : Provided also, that in every and are to. Scheme for constituting any such District the said Commissioners shall recommend to Her Majesty in Amount at Council, that the Minister of such District, when duly licensed as hereinafter mentioned,^ shall he peryna- nently encloivecl, under the Provisions hereinafter con- tained, to an Amount of not less than the annual value of One Hundred Pounds; and also, if such Endow- ment be of less than the annual Value of One Hun- dred and Fifty Pounds, that the same shall be increased under the like Provisions to such last-men- tioned Amount at the least, so soon as such District ^ The words in italics are repealed. (See section 1 of Lord Bland- ford's Act, 1856.) 2 See as to service of Scheme where incumbent absent, insane, &c.. the New Parishes Act, 1844, § 4. 3 This is not now necessary in all cases. (See Act of 1856, § 3.) 240 Appendix A. Map of Dis- trict to be annexed to Scheme, and •egistered. Minister to be nomi- nated and licensed to District. shall have become a new Parish as hereinafter provided. 10. And be it enacted, That a Map or Plan, setting forth and describing such Metes and Bounds, i shall be annexed to the Scheme for constituting such District, and transmitted therewith to Her Majesty in Coun- cil, and a Copy^ thereof shall be Eegistered 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 neces- sary to publish any such Map or Plan in the London Gazette. 11. 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 apper- taining 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 perform 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 Ministers shall per- form such Pastoral Duties, Services, and Offices respectively, independently of the Incumbent or Minister of the Church of or District out of which any Part thereof shall have so far as the Performance authorized by such Licence any Parish, Chapelry, such new District or been taken, and shall, of the same may be or Licences, have the See Act of 1844, § 9, as to altering bounds of district. See section 8 of Act of 1844. ■ i.e., When licensed. (See Act of 1848, § 10.) SIK KOBEKT PEEl's ACT, 1843. 241 Cure of Souls in and over such new District : Provided always, that no Burials shall be per- formed 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, 12. And be it enacted. That such Minister shall style and be styled The Minister of the District of SSter^' 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 removable from his Office of such Minister for the like Keasons and in the same Manner and Power as any Perpetual Curate is now by Law removable ; dowment?' and such Minister shall be a Body Politic and Cor- porate, and shall have Perpetual Succession, as well by the Name and in the Character aforesaid, as by the Name and in the Character of Perpetual Curate, here- inafter mentioned and provided, as the Case may be ; and such Minister and Perpetual Curate respectively may in such Name and Character respectively, not- withstanding the Statutes of Mortmain, receive and take, to him and his Successors, as well as every Grant of Endowment or Augmentation made or granted by the Authority aforesaid, as also any Keal or Personal Estate or Effects whatsoever which any Person or Persons or Body Corporate may give or grant to him according to Law. 13. And be it declared and enacted. That it shall be Bishop may lawful for the Bishop of the Diocese, at any Time temporary after the constituting of any such District as aforesaid, PJac^ 9^ 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 16 242 Appendix A. Fees, see p. 2. Not to pre- vent Mar- riages and Burials in Mother- Church, nor atfect certain other Rights. District to become a new Parish upon a Church being conse- crated. Cliurcliings performed under any such Licence, receive such Fees as shall be fixed and determined in manner hereinafter provided ; and all Lav^s now in force relating to the Registration of Baptisms shall apply to all Baptisms performed under any such Licence. 14. Provided always, and it be 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 other Church or Chapel, who before the constituting of such District possessed the entire Cure of Souls within the same or any 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 per- formed therein, or to receive any Fees, Dues, or Emoluments (except the Fees hereinbefore ^ autho- rized 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. 15. And be it enacted, That when any Church or Chapel shall be built, pm^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 Common Seal, and consecrated as the Church or Chapel of such District, for the Use and Service of the Ministers 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 * In section 13. 2 Not merely for "spiritual " purposes, as in section 9. SIE KOBERT PEEL's ACT, 1843. 243 of instead of ^'The District of ," accord- ing to the name so as aforesaid fixed for such Dis- trict ; 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 there- upon become void ; and it shall be lauiful ^ to publish Banns of Matrimony in such Church, and according to the Lav^s and Canons in force in this Kealm to solemnize therein Marriages, Baptisms, Churchings, and Burials, and to require and receive such Fees 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 ' These words, it has been contended, did not giv^e the incumbent the exclusive right to perform the offices of the Church ; (and see section 16) sedqucere. Appendix A. Minister to become Per- petual Curate of new Parish. Church- wardens to be chosen. Baptism within his District or new Parish, as the Case may be, or for the Eegistration thereof. 16. And be it enacted. That upon any such District so becoming a new Parish, the Minister of such District, having been duly Hcensed, shall, without any further Process or Form in Law, become and be Per- petual 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 Cor- porate, 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. 17. And be it enacted. That in every such Case of a District so becoming a new Parish Two fit and proper Persons, bemg Members of the United Church of Eng- land 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 prin- cipal 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 aiypointing Parish Officers folloioing their Appointment f and at the like Time in every Year Two ^ Therefore non-resident parishioners cannot vote for church- wardens, although qualified in other respects. This and the quali- fication of the churchwardens themselves are, it is conceived ^' special rights" saved under Lord Blandford's Act (the Act of 1856), sec- tion 29. 2 It would appear that these, the first wardens appointed, do not, as in other cases, continue in office until successors are appointed, so that if their successors are not appointed at ^he usual time, there will be no churchwardens at all in office, or com petent to act- SIR ROBERT PEEl's ACT, 1843. 245 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 aforesaid shall be duly admitted, and shall do all things pertaining to the Office of Churchwarden as to Ecclesiastical Matters in the said new Parish : Pro- vided always, that nothing herein contained shall render any such Churchwardens liable or competent to perform the Duties of Overseer of the Poor in respect of such their Office of Churchwardens. 18. Provided always, and be it enacted. That until ^^^^1^^^^^, Parliament shall otherwise determine, nothing herein chiaimghts, .contained shall be construed to affect or alter any ^^^^ Rights, Privileges, or Liabilities whatsoever, ecclesias- expressly tical or civil, of any Parish, Chapelry, or District, except as is herein expressly provided.^ 19. And be it enacted, That the said recited Acts,^ Endo^ent 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 Minis- ters 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 afore- said ; and also to authorize the assigning, at any Time Compensa- and from Time to Time, to the Incumbent of any cumben?of Church or Chapel, whose Fees, Dues, or other Emolu- Motiier- ments shall be diminished by or in consequence of any Proceeding under the Provisions of this Act, and if it be deemed fit for 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. 20. And be it enacted, any Law, Statute, or Canon p^itronage to the contrary notwithstanding. That it shall be law- ^^^y^^^^^" » See sections 15 & 29 of Act of 1856. 2 That is, 3d & 4tli Vict, c US ; and 4th & 5th Vict, c 39. This power extends to ministers, &c., under the Act of 1856- 246 Appendix A. ferred upon Contribu- tors to En- dowment or to a Church or their No- Remainingr Patronage to be exer- cised alter- nately by Crown and Bishops. Powers of Bounty Board as to Endowment under 2 & 3 Amie, c. 11, ful, 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 Perpetuity or for one or more Nomination or Nomina- tions, to any Ecclesiastical Corporation, Aggregate or Sole, or to either of the Universities of Oxford, Cam- bridge, or Durham, or to any College therein respec- tively, or to any Person or Persons, or the Nominee or Nominees of such Person or Persons or Body respec- tively, upon Condition of such Corporation, University, College, Person or Persons contributing to the perma- nent Endowment of such Minister or Perpetual Curate, or towards providing 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 of by the like Authority.^ 21. 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 herein- before last contained, shall and may be exercised alter- nately by Her Majesty and Her Successors and the Bishop of the Diocese for the Time being in which the District or new Parish shall be situate ; the first such Nomination being in each Case made by Her Majesty.^ 22. And for the Encouragement of such Persons as shall be disposed to 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 ' That is, Scheme and Order in Council. 2 This section is extended and altered bv sections 16 to 19 of the Act of 1856. ^ yee sections 1 & 2 of the Act of 1844. I SIK ROBERT PEEL's ACT, 1843. 247 Body Corporate, having in his or their own Eight any and 45 G. 3 Estate or Interest in possession, reversion, or contin- f^^^j-g^j^^^^Qj^ gency of or in any Lands, Tithes, Tenements, or other Commis- Hereditaments, or any Property of or in any Goods tiirpurpJses or Chattels,"^ shall have full Power, Licence, andoftMsAct. Authority, at his and their Will and Pleasure, by Deed inrolled in such Manner and wdthin such Time as is directed by the Statute made in the Twenty- seventh Year of the Eeign of King Henry the Eighth, intituled An Act concerning Enrolmejits of Bargains 27 Hen. 8, and Contracts of Land and Tenements, in the Case of ^' any Lands, Tithes, Tenements, or other Hereditaments, (but without any Deed in the Case of any Groods 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 Chat- tels, 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 providing any Church or Chapel for the Pur- poses 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 inrolled, or such Testament, executed 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 mentioned ; and such Commis- sioners and their Successors shall have full Capacity and Ability to purchase, receive, take, hold, and enjoy for the Purposes aforesaid, as well as from such Persons as shall be so charitably disposed to give the same, as 1 See, as to these words, section 7 of Act of 1844. 248 Appendix A. Powers of 3 & 4 Vict, c. 113, and 4 & 5 Vict, c. 39, ex- tended to this Act. 1 .nn Inspector to ^ince. ... . sit in House 6. The said Commissioners, to be appointed under o^Com- this Act shall be styled The Charity Commissioners for England and Wales,"" and may have and use a Seal style of for authenticating Documents ; and such Commissioners sioners, who shall sit from Time to Time as a Board for carrying g^^^^^* ^ this Act into execution ; and any Two of such Com- missioners may form a Board, and may exercise all or any of the Powers conferred on the Commissioners or the Board by this Act. 7. The said Board shall, by G-eneral Minutes,^ from Board to Time to Time prescribe Kegulations for their Pro- ^euerai ceedings, and the Proceedings of their Inspectors, and Minutes, concerning the Form and Manner of Applications to the said Board, and the Conditions to be performed by Applicants, and for the Guidance of Applicants in re- lation thereto, and all such General Minutes shall be signed by Three of the said Commissioners at the least ; and Copies of all such General Minutes shall be laid before both Houses of Parliament within Fourteen Days after the making thereof, if Parliament be sitting ; * Proviso repealed by section 2 of 18 & 19 Vict. c. 124 (1855). 2 See Act of 1860, sect. 21. 21 322 Appendix D. Minutes of Proceedings and Orders, etc. , to be entered, and Copies of Entries signed by the Secre- tary to be received in Evidence. Doard to in- quire into Condition and Manage- ment of Charities. Power to require Ac- counts and Statements. or if Parliament be not sitting, then within Fourteen Days after the next meeting thereof. 8. The said Board shall cause Minutes of their Proceedings, and all Orders, Certificates, and Schemes, made or approved by them under this Act, to be entered in Books to be provided and kept for such Purpose, and all such Entries shall be signed by their Secretary, and all Copies purporting to be extracted from the Books of the said Board, and to be certified by their Secretary, of any such Minutes, Orders, Certificates, and Schemes entered as aforesaid, shall be received as Evidence of the Proceedings to which such Minutes shall relate, and of such Orders, Certificates, or Schemes, and of the making or Approval thereof (as the Case may require) by the said Board, without further Proof thereof.^ 9. It shall be lawful for the said Board from Time to Time, as they in their Discretion may see fit, to examine and inquire into all or am/ Charities^ in England or Wales, and the Nature and Objects, Admi- nistration, Management, and Results thereof, and the Yalue, Condition, Management, and Application of the Estates, Funds, Property, and Income belonging thereto ; and the said Board may cause Examinations and Inquiries in relation to the Matters aforesaid to be made and prosecuted by their Inspectors, acting together or separately, in such Cases and at such Times as the said Board may think fit ; and all such Inspectors shall from Time to Time report their Pro- ceedings to the said Board.^ 10. The said Board may require all Trustees or Persons acting or having any Concern in the Manage - * See sections 4 & 5 of the Act of 1855. 2 There is no necessity, as in section 23, for any consents. 3 As to the import of the word " Charity," see section G6 of this Act; and its enlarged meaning in the 48th section of the Amendment Act of 1855. See also section 6 of the Act of 1855, extending these powers of the Commissioners. ^ See sections 14 & 15, and section 6 of Act of 1855. CHAEITABLE TRUSTS ACT, 1853. 323 ment or Administration of any Charity, or the Estates, Funds, or Property thereof, to render to the said Board, or to their Inspectors, or either of them, Ac- counts and Statements in Writing in Kelation to such Charity, or the Funds, Estates, Property, Income, or Moneys thereof, or the Administration, Management, and Application thereof, and may also require such Trustees and Persons to return Answers in Writing to any Questions or Inquiries addressed to them by the Direction of the said Board relating to the Matters aforesaid.^ 11. AH Officers having the Custody of Enrolments, Officers hav- Decrees, Reports, Records, and other Documents re- o^Rycorda^ lating to or concerning any Charity shall furnish such ^^^^^^^^^^^^^ Copies or Extracts as shall be required by the said Extracteif Board ; and every Inspector, Secretary, and other ^^ard^^ Officer of the said Board for the Time being employed for the Purposes of this Act shall be at liberty by the Authority and under the Directions of the Board, and subject to such Regulations as the Board may make in that Behalf, to examine and search the Registers and Records of every Court of Law and Equity, and every Ecclesiastical Court, and every public Registry and Office of Records, and to take Copies of and Extracts from any Decree or Document recorded or registered or deposited therein respectively, for any Purpose con- templated by this Act, without Fee or other Payment in respect thereof. 12. ^ Any Inspector acting under the Authority of inspector the said Board may, by Precept under his Hand, sub- mme^^ii. ject to such Regulations as the said Board may make in ^^^^^^^ that Behalf, require any Person, being a Trustee of any Charity or otherwise acting or having any Concern in the Management or Administration of any Charity, or of the Estates, Funds, or Property thereof, or in the ^ See sections 6 & 7 of the Act of 1855, explaining this sevtion. 2 Extended by sections 3 and 7 of the Act of 1855. 824 Appendix D. Persons giv- ing false Evidence guilty of a Misde- meanour. Persons re- fusing to render Ac- counts, etc., to be deemed guilty of a Contempt of Court. Receipt or Payment of the Income or Moneys thereof, or deriving any Income or Stipend therefrom, to attend before such Inspector for the Purpose of being exa- mined by him touching or relating to such Charity, or the Estates, Funds, Property, or Income thereof, at any Time and Place mentioned or appointed by such Precept, and to bring and Produce any Deed, Paper, Writing, Instrument, or other Document,^ being in the Custod}^, Possession, or Power of such Person, and relating to such Charity, or the Estates, Funds, Property, or In- come thereof, and may examine upon Oath all Persons attending in pursuance of such Precept, and all Persons voluntarily attending before him, and may administer such Oath : Provided always, that no Person shall be obliged to travel in obedience to any such Precept more than Ten Miles from his Place of Abode. 13. If any Person wilfully give false Evidence upon any Examination under this Act, every Person so offending shall be deemed guilty of a Misdemeanour. 14. If any Person from whom the said Board, or any Inspector, is authorized to require any Account or Statement, or Answers to any Questions or Inquiries, or whose Attendance any Inspector is authorized to require, shall refuse or wilfully neglect to render to the said Board such Account or Statement, or to make Answers to such Questions or Inquiries, or to attend in obedience to any lawful Precept of any Inspector, or to give Evidence before him, or shall wilfully alter, destroy, withhold, or refuse to produce any Deed, Paper, Writing, Instrument, or other Document which may be lawfully required to be produced before any Inspector or the said Board, every Person so offending shall be deemed and taken to have been guilty of a Contempt of the High Court of Chancery, and shall be liable to be attached and committed by » See section 19 of Act of 18G0. CHARITABLE TRUSTS ACT, 1853. 325 such Court on summary Application by the Commis- sionei's to the same, and shall pay the Costs of and attending such Contempt as the said Court shall direct.-^ 15. Provided always, that nothing herein contained Saving for shall extend to give to the ^ aid Board or their In- coming ad - spectors any Power of requiring from any Person holding or claiming to hold any Property whatsoever adversely to any Charity, or free or discharged from *any Charitable Trust or Charge, any Information, or the Production of any Deed or Document whatever in relation to the Property so held or claimed adversely, or any Charitable Trust or Charge alleged to affect the same.^ 16. The said Board 'shall receive and consider all Board to Applications which may be made to them,^ hy any Ajlpiica^ Trustee or other Person having any Concern in Management or Administration of any Charity, for nion or Ad- their Opinion, Advice, or Direction respecting such Charity, or the Management or Administration there- of, or the Estates, Funds, Property, or Income thereof, or the Application thjereof, or any Question or Dispute relating to the same respectively ; and, if they so think fit, may, upon any such Application, give such Opinion or Advice as they think expedient, subject to any Judicial Order or Direction which may be subse- quently made or given by any competent Court or Judge ; and such Opinion or Advice shall be in Writing,* signed by Two or more of the said Commis- sioners, and sealed with the Seal of the said Commis- ^ See section 9 of Act of 1855. 2 And see section 41, infra^ and section 6 of the Act of 1855. This would apply to a case where parties claimed to hold free from an}' Trust (see 3 Mylne and Craig, Ch. 239), as for instance if the Trust had expired ; and see 19 Law Journal, Ch. 763. 3 But by these only ; but see section 17 as to the obtaining leave to sue " by any person whomsoever." * See section 4 of Act of 1855. 326 Appendix D. Persons sion : and every Trustee and other Person who shall Adv^ce^of ^ct upon or in accordance with the Opinion or Advice Board to be mven bv the Said Board shall in respect of so actine: indemin- cj «/ x o fied. be deemed and taken, so far as respects his own Ee- sponsibility, to have acted in accordance with his Trust ; and no such Judicial Order or Direction sub- sequently made or given by any Court or Judge shall have any such retrospective Effect as to interfere with or impair the Indemnity by this Act given to Trustees and other Persons who have acted upon or in accordance with such Opinion or Advice of the said Board : Provided always, that nothing herein con- tained shall extend to indemnify any Trustee or other Person for any Act done in accordance with the Opinion or Advice of the said Board, if such Trustee or other Person have been guilty of any Fraud or wilful Concealment or Misrepresentation in obtaining such Opinion or Advice. Not ceof 17. Before any Suit, Petition, or other Proceeding ceedino^s^as (^^^^ being an Application in any Suit or Matter to any" actually pending) for obtaining any Belief, Order, or any Person, Direction concerning or relating to any Charity, or Stomey^ the Estate, Funds, Property, or Income thereof, shall General, to be Commenced, presented, or taken, hy any Person the^Board^^ 'w^ioiJisoevev,^ there shall be transmitted by such Person to the said Board, Notice in Writing of such proposed Suit, Petition, or Proceeding, and such Statement, Information, and Particulars as may be requisite or proper, or may be required from Time to Time, by the said Board, for explaining the Nature and Objects thereof;^ and the said Board, if upon ^ When a final order has been made, the Suit or Matter is not " actually pending" (Re Jarvis's Charity, 1 Drewry and Sni. 97). ^ QiiCBre, does this apply to a person claiming adversely to a Charity? (See sec. V .) ^ The course^ therefore^ will he in any svcli case to apply to the Board for permission to take the proceeding lohich may be desired^ and then^ upon obtaining the certificate^ to proceed under sections 28 or 32, CHARITABLE TRUSTS ACT, 1853. 827 Consideration of the Circumstances they so think fit, may, by an Order or Certificate signed by their Secre- tary, authorize or direct any Suit, Petition, or other Proceeding to be commenced, presented, or taken with respect to such Charity, either for the Objects and in the Manner specified or mentioned in such Notice, or for such other Objects, and in such Manner and form, and subject to such Stipulations or Provisions for securing the Charity against Liability to any Costs or Expenses, and to such other Stipulations or Provisions for the Protection or Benefit of the Charity, as the said Board may think proper ; and such Board, if it seem proper to them, may by such Order or Certificate as aforesaid require and direct that any Proceeding so authorized by them in respect of any Charity, shall be delayed during such Period as shall seem proper to and shall be directed by such Board ; and every such Order or Certificate may be in such Form and may contain such Statements and Particulars as such Board shall think fit ; and (save as herein otherwise pro- Courts not vided) no Suit, Petition, or other Proceeding for p^.Q^ee^j^^ig obtaining any such Relief, Order, or Direction as last as to charl- aforesaid shall be entertained or proceeded with by upou^certf- the Court of Chancery, or by any Court or Judge, ^^^^^^^^^ except upon and in conformity with an Order or Certificate of the said Board : Provided always, that this Enactment shall not extend to or afiect any such Petition or Proceeding in which any person shall claim any Property or seek any Relief adversely to any Charity. 18. Provided always, that it shall be lawful for Her Saving for Majesty's Attorney- General acting ex officio to make ney-Ge*nIrai such Applications, and take and prosecute such Pro- ceedings with respect to any Charity in the Court of ^ Chancery, or otherwise, as to him may seem fit, as if according as the income of the Charity may or may not exceed 30^. a-year. 328 Appendix D. Board may, upon the Report of an Inspector, authorize Proceedings where no Notice has been given to them, and may in other Cases cause local Inqui- ries by their Inspector. Power for Board to certify cer- tain Cases to the Attorney- General. this Act had not been passed ; and that nothing in this Act contained shall be construed as dispensing with the Fiat or Allowance of Her Majesty's Attorney- General, with respect to any Proceeding not being an Application under the Jurisdiction created by this Act, where such Fiat or Allowance was necessary before the passing of this Act. 19. Provided also, that where upon any Report of any Inspector under this Act or otherwise it appears to the said Board that any Suit, Petition, or other Proceeding concerning or relating to any Charity, or the Estate, Funds, Property, or Income thereof, would be proper or expedient, it shall be lawful for the said Board by their Order to authorize or direct such Suit, Petition, or Proceeding to be commenced, presented, or taken, and to give such Directions in relation thereto as the said Board may think proper ; and thereupon such Suit, Petition, or Proceeding may be commenced, presented, or taken accordingly, without any such previous Notice in Writing as hereinbefore mentioned ; and the said Board, before giving any such Opinion, Advice, or Direction upon any such Application as aforesaid, or making any such Order or Certificate after Notice to them as aforesaid, may, where local Inquiry appears to them to be requisite, cause such Inquiry to be made by One of their Inspec- tors ; and the said Board may, in any Case where they see fit, before acting upon the Report of any Inspector, cause such Report to be deposited for local Inspection, and give Notice of the same being so deposited, and consider any Statement or Objections which may be transmitted to them in relation thereto. 20. In any Case in which it shall appear to the said Board that the Institution of legal Proceedings is re- quisite or desirable with respect to any Charity, or the Estates, Funds, Property, or Afi'airs thereof, and that under the Circumstances thereof it is desirable that CHARITABLE TRUSTS ACT, 1853. 329 such Proceedings should be instituted by the Attorney- General, it shall be lawful for the said Board, if they so think fit, to certify such Case, in Writing under the Hand of the Secretary of the said Board, to Her Ma- jesty's Attorney-General, together with such Statements and Particulars (if any) as in the Opinion of the said Board may be requisite or proper for the Explanation of such Case ; and thereupon the said Attorney-General, if upon Consideration of the Circumstances he think fit, shall institute and prosecute such legal Proceedings as he shall consider requisite or proper under the Circumstances of such Case, by Information or Peti- tion in the Court of Chancery, or by Application to a Judge thereof at Chambers, or to a District Court of Bankruptcy, or County Court under the Jurisdiction given by this Act. 21. If in any Case it appear to the Trustees^ q^. Board may c i m- • • AT-- sanction Persons lor the Time bemg actmg m the Admmistra- Building tion or Management of any Charity, or the Estates or workin<^ Property thereof, that any Part of the Charity Lands Mines, doin-^ • ... Keuairs and or Estates may be beneficially let on Building, Repair- improve- ing. Improving, or other Leases, or on Leases for work- ^^nts ing any Mine, or that the digging for or raising of Stone, Clay, Gravel, or other Minerals, or the cutting of Timber, would be for the Benefit of the Charity, or that it would be for the Benefit of such Charity that any new Road or Street should be formed or laid out, or any Drains or Sewers made through any Part of the Charity Estates, or that any new Building should be erected, or that any existing Building should be re- paired, altered, rebuilt, or wholly removed, or that any other Improvements^ or Alterations in the State or ^ It should be ^3orne in mind, in reading this and the following Act, that by section 16 of the Act of 1860. a majority of two-thirds at Meetings of the Trustees are competent to act for the whole number. 2 Extended. See section 15 of the Act of 1860. 330 Appendix D. Condition of the Lands or Estates of such Charity should be made, it shall be lawful for such Trustees or Persons to lay before the said Board a Statement and Proposal in relation to any of the Matters aforesaid ; and it shall be lawful for the said Board, if they think that the Leases or Acts to which the Statement and Proposal relate (with or without Modifications or Alterations) would be beneficial to the Charity, to make such Order under their Seal for and in relation to the granting of such Leases,-^ or the doing of any other such Acts as aforesaid, and any Circumstances connected therewith, as they may think fit, although such Leases or Acts respectively shall not be autho- and may au- rized or permitted by the Trust f and the said Board, Application such Order, may authorize the Application of of the cha- any Moneys or Funds belonging to the Charity for any OT the^S- Purposes or Acts aforesaid, and, if necessary, ing of Money may authorize the Trustees to raise any Sum of Money fortho^e°^°^ by Mortgage of all or any Part of the Charity Estates ;^ Purposes, provided that comjndsory Provisions be reserved in every such Mortgage for the Payment of the Principal Money borrowed by annual Instalments^ and for the * Redemption and He-conveyance of the Mortgaged Es- tates, ivithin the Period of not more than Thirty Years.^ Commis- 22. It shall be lawful for the Board, upon Proof to authorize their Satisfaction that any Schoolmaster or Schoolmis- Trustees to trcss or otlier Officer of any Charity has been negligent omcers. in performing his or her Duties, or that he or she is unfit or incompetent to discharge them properly either from immoral Conduct, Age, or any other Cause what- soever, to empower the Trustees of such Charity to remove such Schoolmaster or Mistress or other Officer, and to charge the Salary of his or her Successors, or ' See section 29 of the Act of 1855. 2 See section 38 of the Act of 1855. 3 See section 15 of the Act of 1855. ^ Repealed. See section 30 of the Act of 1855. CHABITABLE TRUSTS ACT, 1853. 331 any other Portion of the Eevenues of the Charity, with such Eetiring Pension or Allowance, if any, in favour of the Person so removed, and generally to im- pose such Conditions as to the said Board shall appear proper.^ Provided always, that where there shall be any special Visitor of the Charity, the Consent of such Visitor, in Writing under his Hand, shall be necessary in order to such Eemoval.^ 23. If in any Case it appear to the Trustees or Per- ^^^f^^^^^ sons acting in the Administration of any Charity that Compromise any Claim or Demand or Cause of Suit against any i^ehaK Person in relation to such Charity may, with advan- charity, tage to the Charity, or should, under the special Cir- cumstances of the Case, be compromised or adjusted without taking or without continuing any Proceedings at Law or in Equity, such Trustees or Persons may, or the Person against whom such Claim, Demand, or Cause of Suit exists or is alleged to exist may, icith the Consent of the Trustees or Persons acting in the Administration of such Charity, submit to the said Board a Statement and Proposal for such Compromise or Adjustment ; and if it appear to the said Board after such Inquiry in relation thereto by One of their Inspectors as they may deem requisite, or otherwise, that such Proposal either with or without any Modifi- cation is fit and proper, and for the Benefit of the Charity, it shall be lawful for the said Board to make such Order for and in relation to such Compromise or Adjustment as they may think fit ; and upon the due Performance of the Terms and Conditions of such Compromise or Adjustment as aforesaid, such Agree- ment shall be a final Bar to all Actions, Suits, Claims, * This clause is important. Masters, &c., c^enerally are deemed to hold office for life^ dum bene se gesserint; and their dismissal for incapacity, a^e, &c., was often extremely difficult ; and see sections 13 and 14 of Act of 1860. 2 See sections 2 and 14 of Act of 18G0. 332 Appendix D. and Demands by or on behalf of the Charity concerned therein, in respect to the Cause of Action, Suit, or Matter in respect to which such Compromise or Ad- justment shall have been made.^ Board, 24. Upou Application to the said Board by the fecial Cir- Trustees or Persons acting in the Administration of ma^^authcf' Charity, representing to the said Board that, under rize Sale or the Special Circumstances of any Land belonging to CharHy°^ Charity, a Sale or Exchange of such Land can be Lauds. effected on such Terms as to increase the Licome of the Charity, or would otherwise be advantageous to the Charity, such Board may, if they think fit, inquire into such Circumstances, and if, after Inquiry, they are satisfied that the proposed Sale or Exchange will be advantageous to the Charity, may authorize the Sale or Exchange, and give such Directions in relation there- to, and for securing the due Investment of the Money arising from any such Sale, or by way of Equality of Exchange for the Benefit of the Charity, as they may think fit.2 Board may 25. The said Board shall have Authority, upon such tiie^edemp- Application as aforesaid, to authorize the Sale to the tionofRent- Owucrs of the Land charged therewith of any Rent- charge, Annuity, or other periodical Payment charged upon Land and payable to or for the Benefit of any Charity, or applicable to Charitable Purposes, upon such Terms and Conditions as they may deem beneficial to the Charity, and to give such Directions for securing the due Investment of the Money arising from such Sale for the Benefit of the Charity, or for securing the due Application thereof to such Charitable Purposes, as they may think fit ; and in like Manner the Trustees of any Charity, with the Consent of the Board, may ^ Extended by section 31 of the Act of 1855, to actions, &c., against any charity. 2 See sections 29, 32, 35, 3G, and 38 of the Act of 1855, and Sons of Clergy v, Sutton, 29 Law Journal, Ch. 393. CIIAEITABLE TRUSTS ACT, 1853. 383 purchase any Rentcharge or other yearly Payment to which the Charity Estate is or shall be liable. 26. The Leases, Sales, Exchanges, and other Trans- Leases actions authorized by such Board under the Powers of aitthoi-Sed this Act shall have the like Effect and Validity as if to be vaUd. they had been authorized or directed by the express Terms of the Trust affecting the Charity.^ 27. Where any Land shall be required for the Erection Trustees of or Construction of any House or Building with or enabled to without Garden, Playground, or other Appurtenances, purchase for the Purposes of any Charity, and the Trustees of the Building Charity shall he leqalhi authorized to purchase and hold from Owners . under J_)is- such Land,^ but by reason of the Disability of any Person ability, etc., having an Estate or Interest in such Land, or of any thrpiovi-*^ Defect in Title thereto, a valid and perfect Assurance sionsof of the same Land cannot be made to the Trustees of cfa^ses Con- the Charity in the ordinary Manner, it shall be lawful ^^^^^^J^^ for the Trustees of the Charity, with the sanction of ' the said Board (such Sanction to be certified under the Hand of their Secretary), to take and purchase such Land according to the Provisions of ^' The Lands Clauses Consolidation Act, 1845 ; " and for that Pur- pose all the Clauses and Provisions of the last-men- tioned Act with respect to the Purchase of Lands by Agreement, and with respect to the Purchase Money or Compensation coming to Parties having limited Inter- ests, or prevented from treating, or not making a Title, and also with respect to Conveyances of Lands, so far as the same Clauses and Provisions respectively are applicable to the Cases contemplated by this Provision, shall be incorporated in this Act ; and in all Cases con- templated by this Provision, the Expression the Spe- cial Act " used in the said Clauses and Provisions of the said ^' Lands Clauses Consolidation Act " shall be con- * See section 38 of Act of 1855. 2 By section 41 of the Act of 1855, this section is to be construed and operate as if the words in italics had been omitted therefrom. 834 Appendix D, strued to mean this Act; and the Expression **the Promoters of the Undertaking," used in the same Clauses and Provisions, shall be construed to mean the Trustees of the Charity in question. In Cases of 28.-^ Where the AjDpointment or Removal of any ?heTncome- Trrts^£?^5, OT any otliev Relief, Order, or Direction of wiiich ex- relating to any Charity of which the gross annual Masteriof I^come for the Time being exceeds Thirty Pounds,^ t^e Rolls shall be considered desirable, and such Appointment, Chancellors, Removal, or other Relief, Order, or Direction might catiou^o^^^^ now be made or given by the Court of Chancery, in them at respect either of its ordinary or its special or statutory t(?ha^eThe Jurisdiction, or by the Lord Chancellor intrusted with same Juris- the Care and Commitment of the Custody of Lunatics, the Court of it shall be lawful for any Person authorized in this Lord ciiLr ^^^^^^ ^^^^ Order or Certificate ^ of the said Board, ceiiornow or for the Attorney- General, to make Application foTmationl''' (without any Information, Bill, or Petition) to the Master of the Bolls or one of the Yice-Chancellors sitting at Chambers, for such Order, Direction, or Relief as the Nature of the Case may require ; * and the Master of the Rolls or the Yice-Chancellor to whom any such Application shall be made shall and may proceed upon and dispose of such Application in Chambers, save where he may think fit otherwise to direct, and shall and may have and exercise thereupon all such Jurisdiction, Power, and Authority, and make such Orders and give such Directions in relation to the Matter of such Application, as might now be exercised, made, or given by the Court of Chancery or by the Lord Chancellor intrusted as aforesaid, in a Suit regu- larly instituted, or upon Petition, as the Case may » See Act of 1860, § 2, and §§ 4, 5, & G, and see § 45 of this Act, anHI as to forin of application see p. 398. 2 As to London, see §§ 30 & 32; and where the income does n(. t exceed 50/. see § 32, and see § 4 of Act of 1860. 3 See 17 & 20. ^ * N.B. This is a very inexpensive and prorr>p* mode of proceeding. CHARITABLE TRUSTS ACT, 1853. 335 require ; and the Master of the Eolls and Vice -Chan- cellors respectively shall, in relation to such Applica- tions as aforesaid, and the Proceedings thereon (subject to any Kules which may be made by the Lord Chan- cellor, with the Advice and Consent of them or any Two of them), have all such Powers of directing Matters to be heard in open Court, and of ordering what Matters shall be heard and investigated by them- selves and their Chief Clerks respectively, and such other Powers and Authorities as by the Act of the last Session of Parliament, Chapter Eighty, are vested inis&ievict. or authorized to be exercised by them at Chambers ; ^' and the Provisions of the said Act applicable to Orders made by the Master of the Rolls or any of the Yice- Chancellors at Chambers shall extend to all Orders so made under this Act : Provided always, that, save as may be otherwise provided by any Rules to be made by the Lord Chancellor, with such Advice and Consent as aforesaid, the Determinations of the Master of the Rolls and Vice- Chancellors respectively upon and in relation to such Applications as aforesaid shall not be subject to Appeal in any Case where the gross annual Income of the Charity does not exceed One hundred Pounds : Provided also, that it shall be lav/ful for the Master of the Rolls or any Yice- Chancellor, where under the Circumstances of any Application as afore- said he may so see fit, to direct that for obtaining the Relief, Order, or Direction sought for by such Appli- cation an Information, Bill, or Petition, as the Case may require, shall be filed or presented, and prosecute, as now by Law required, and to abstain from further proceeding on such Application. 29. The Jurisdiction created and given by this Act ; Provisions as to the Master of the Rolls and the Yice-Chancellor, ^^^^^^^^^'^e^ sitting in Chambers, upon any Application to them Jurisdiction respectively as aforesaid, shall extend concurrently to chancer^^ and may be exercised by the Chancellor of the Duchy of the 336 Appendix D. County Palatine of Lancaster. Provisions as to Cha- rities ex- ceeding 30?. per Annum to extend to Charities in London not exceeding 30?. Lord Chan- cellor, with the Advise of Master of the Rolls and Vice- Ciiancellors, or Two of them, to make Gene- ral Orders. and Connty Palatine of Lancaster and the Vice- Chan- cellor of the same County Palatine respectively for the Time being, as to every Charity v^ithin the Jurisdic- tion of the Court of Chancery of the said County Pala- tine whose gross annual Income for the Time being exceeds Thirty Pounds, upon Application being made to such Chancellor or Yice- Chancellor respectively ; and it shall be lawful for the Chancellor of the said Duchy and County Palatine, with the Concurrence of the Vice-Chancellor of the same County Palatine, from Time to Time to make and issue any Rules and Orders for regulating the Modes of proceeding, and the Fees to be taken in respect of Proceedings under this Act. 30. Provided always, that the Provisions of this Act applicable to any Charity the gross annual Income whereof exceeds Thirty Pounds shall extend to any Charity established or administered or applicable to or for Objects or Purposes within the City of London, the gross annual Income whereof does not exceed Thirty Pounds, in like manner as if such Income ex- ceeded that Amount. 31. It shall be lawful for the Lord Chancellor, with the Advice and Consent of the Master of the Rolls and Vice- Chancellors, or any Two of them, to make and issue General Rules and Orders for regulating the Mode and Form of Applications at the Chambers of the Master of the Rolls and Vice-Chancellors respec- tively under this Act, and the Proceedings thereon, and for determining in what Cases and under what Conditions and Restrictions the Determinations of the Master of the Rolls and Vice-Chancellors respectively upon or in relation to such Applications shall be sub- ject to Appeal, and the Fees and Allowances to Solicitors of the Court of Chancery, and the Fees to be payable in Money or by Stamps to the Officers of the said Court in respect of such Applications and CHARITABLE TRUSTS ACT, 1853. 337 Proceedings thereon ; and such Rules and Orders may from Time to Time be varied by the like Authority, and all such Rules and Orders shall be deemed General Orders of the said Court. 32. Where any Charity ^ of which the gross annual ^^^^^^^^^ Income for the Time being does not exceed Thirty Bankruptcy Pounds, shall be established or administered or be coui^rto*^ applicable wholly or partially to or for Objects orhaveJuris- Purposes within the District or any Two or more of of ^ the Districts of any District Court of Bankruptcy or ^jj^^jj^j^^gg of any County Court or Courts holden under the Act of wMciTdo of the Session holden in the Ninth and Tenth Years exceed of the Reign of Her Majesty, Chapter Ninety-five, and the Appointment or Bemoval of any Trustee, or any other Relief, Order, or Direction ivhatsoever con- cerning such Charity shall he considered desirable, and such Appointment or Removal, or other Relief, Order, or Direction, might now be made or given by the Court of Chancery in respect either of its ordinary or its special or statutory Jurisdiction, or by the Lord Chancellor intrusted with the Care and Commitment of the Custody of Lunatics, it shall be lawful for any Person authorized in this Behalf by the Order or Certificate of the said Board, or for the Attorney- General, to make Application to such District or County Court, or, as the Case may be, to any one of such District or County Courts,^ for such Order, Direction, or Relief as the Nature of the Case may require ; and such District or County Court shall entertain such Application, and shall hear the Matter in open Court, and shall give such Relief, and make such Orders and Directions in relation to the Matter of such Application, as might now be made or given ^ As to such Charities in London, see ^ 30; and where the income exceeds 30/. see ^ 28; and see Act of I860, 2 and 11, 2 Where the Charity is distributable over Wo or more districts, see § 34. 22 338 Appendix D. by the Court of Chancery or by the Lord Chancellor, intrusted as aforesaid, in a Suit regularly instituted, or upon Petition, as^he Case may require ; and the Clerk of such County Court shall transmit a Copy of such Order or Direction to the Office in London of the Registrar of County Courts' Judgments, to be there enrolled : Provided always, that no Judge of any District or County Court shall be authorized to vary any Decree, Order, or Direction of the Court of Chancery, or of any Judge thereof, or to make or give any Order or Direction inconsistent or conflicting with any such Decree, Order, or Direction : Provided also, that where Two or more District or County Courts shall have concurrent Jurisdiction with respect to any Charity under this Act, no Application in respect of such Charity shall be made to or entertained by more than One of such District or County Courts at the same Time.-^ Deputy sit- 33. The Jurisdiction hereby created and conferred County County Courts with respect to any Charity Court Judge shall uot be exercised by any Deputy or other Person ercis*e^ Juris- ^^^^ Time being be appointed to sit and diction. g^all be sitting for any such Judge. Where Two 34. Where Two or more District Courts of Bank- courts have ruptcy or County Courts shall concurrently have ju^iS7ction J^^is^i^^^i^^^ under this Act with respect to any Charity, Board to ' it shall be lawful for the said Board to order to which which *Court ^^^^ Courts any Application with respect to such Application Charity shall be made ; and every such Order shall be made?^^ conclusive as to the Jurisdiction with respect to the Application referred to in such Order. Board may 35. It shall be lawful for the said Board to direct within^thr that any Application as to any Charity within the of a D^trict J™s^ictio^ District Court of Bankruptcy or or County County Court shall be made before a Judge of the ^ The order in certain cases requires the confirmation of the Commissioners. (See § 39.) CHARITABLE TRUSTS ACT, 1853. 339 Court of Chancery, or as to any Charity within the Court to be Jurisdiction of the Court of Chancery of the County a'^jud^^^of^^ Palatine of Lancaster, either before the Chancellor or ^^^^^^^^^^^ the Vice- Chancellor of the same County Palatine, or the first before a Judge of the High Court of Chancery, accord- ^^a^^®- ing to the Provisions herein contained applicable to a Charity the gross annual Income whereof exceeds Thirty Pounds, and in such Case such Application shall be made and may be heard and determined accordingly in like Manner as if the gross annual Income of such Charity exceeded Thirty Pounds ; and upon the Pro- duction of the Order or Certificate containing such Direction, or of a Copy thereof, the Application with respect to which such Order or Certificate shall have been made shall not be entertained or proceeded with by such District or County Court. 36. Whenever any Order or Decision is made by No Order any District Court of Bankruptcy or County Court county* for the Appointment or Removal of any Trustee of ccm^t for any Charity, or approving of any Scheme for regu- pointment lating or directing the Administration of any Charity, ^i^J^g^Tea or the Estate, Funds, Property, or Income thereof, a or approval Copy of every such Order or Decision shall imme- ^be^vaiid^ diately upon the making thereof be delivered or trans- unless con- mitted by the Deputy Registrar to such District Court BoaSi or by the Clerk of the County Court, as the Case may be, together wdth all requisite Particulars, to the said Board, for the Purpose of being considered by them ; and no such Order or Decision shall be valid or effectual until the same shall have been approved by the said Board, such Approval to be testified by a Certificate in Writing, signed by the Secretary of the said Board, and no such Approval shall issue from the said Board until One Calendar Month shall have elapsed after the Receipt by the Board of such Copy and Particulars. 37. In case any such Order or Decision as last 340 Appendix D. Board, if aforesaid of any District Court of Bankruptcy or wfththe^ County Court shall not be approved by the said Order of Board, it shall be lawful for such Board to remit the District or n ' -i -i -r\ ' ' 1 i-rx- County same lor Reconsideration and Decision by such Dis- remit'thJ'^ trict or County Court, with such Remarks and Re- Casefor commendatious thereon (if any) as shall seem fit and sideration, expedient to such Board, or in the Discretion of the transfer the to Order and direct that the Subject Matter to Matter to a wliicli such Order or Decision relates, together with Court o^f ^^cl^ Order or Decision, shall be submitted to the Chancery. Consideration and Decision of a Judge of the Court of Chancery, and in such last-mentioned Case no further Proceedings shall be had or taken in the District or County Court with respect to the Matter in question ; and in Case the Order or Decision of the District or County Court, on the Reconsideration of any order or decision remitted for Reconsideration, be disap- proved as aforesaid by the said Board, such Board shall refer such Orders and Decisions, and the Subject Matter thereof, to a Judge of the Court of Chancery, or, as to any Charity within the Jurisdiction of the Court of Chancery of the County Palatine of Lancaster, either to the Chancellor or the Yice-Chancellor of the same County Palatine, or to a Judge of the High Court of Chancery ; and where any Order or Decision is re- ferred to a Judge of the Court of Chancery, or of the Court of Chancery of the said County Palatine of Lancaster, under this Provision, such Judge shall have and exercise all such Jurisdiction, Power, and Authority in relation thereto as in the Case of a Charity the gross annual Income whereof exceeds Thirty Pounds, and may make such Order in relation to the Matter of such Order or Decision as to him may seem proper. How Orders 88. Subjcct to any Orders to be made by the Lord County Chancellor as hereinafter mentioned, and to the other Court under Provisious of this Act, all Proceedings to be takenin any be^enforced. District Court of Bankruptcy or County Court, and all CHAEITABLE TKUSTS ACT, 1853. 341 Orders and Directions to be made or given by any such District Court or County Court by virtue of the Juris- diction hereby created and conferred on such Court, shall respectively be subject to the same Rules and Regulations, and have the same Effect, and be registered, enforced, and executed in the same Manner as the other Proceedings, Orders, Judgments, and Directions of the same Court under its ordinary Jurisdiction ; and it shall be lawful for any such District Court, or for any County Court, with the Consent of the Board, to rescind or var}^ any Order which shall have been previously made by such Court, without Prejudice to any Act or Matter in the meantime done under such Order ; and for executing and putting in force any Order to be made by any County Court under this Act, every Judge of any such Court shall and may have and exercise all such Powers as by the Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Ninety- five, are given for enforcing the Payment of any Debt, Damages, or Costs under the said Act. 39. Where any Person authorized to make any Appeal. Application under this Act (other than Her Majesty's Attorney- General acting ex officio), or any other Person who may have been made a Party to any Proceeding upon any Application under this Act, is aggrieved by or dissatisfied with any Order made by any District Court of Bankruptcy or County Court upon any such Application, or any Proceeding thereon, he may, within One Calendar Month after the making of such Order, give Notice in Writing to the said Court, and also to the said Board, that he is desirous to appeal against the same ; and if the said Board think it reasonable and proper that such Appeal should be entertained, and give a Certificate to that Efi'ect, such District or County Court shall suspend any Pro- ceedings upon the Order appealed against during such Time as the Circumstances may require : and the said 842 Appendix D. Board, if they so think fit, may require the Person giving any such Notice of Appeal to become bound with Two sufficient Sureties, to be approved by the Deputy Registrar of such District' Court, or by the Clerk of the County Court, as the Case may be, to the Treasurers of the said Courts respectively, or such other Person as the said Board may see fit, in such Sum as to the said Board shall seem reasonable, to pay such Costs of the Proceedings on the Appeal as shall be ordered to be paid by such Appellant, and also (if the said Board so think fit) to indemnify the Charity against the Costs and Expenses of or attending such Appeal ; and every Bond executed under this Provi- sion shall be exempt from Stamp Duty : Provided always, that it shall be lawful for Her Majesty's Attorney- General (acting ex officio), at any Time within Three Calendar Months after the making of any Order by a District Court or County Court under this Act, to lodge and commence and prosecute an Appeal against such Order, without giving any such Notice or becoming bound as aforesaid ; and every such last-mentioned Appeal shall thereupon be allowed by the Order of such District or County Court, and shall have such other EjBfect as any other Appeal under this Act. Proceedings 40. Where any Order allowing an Appeal has been on Appeal, j^^de as aforesaid, the Person thereby allowed to appeal shall within Three Calendar Months present a Petition to the Court of Chancery, setting forth the Order appealed against and the Order allowing such Appeal, and praying such Relief as the Case may require ; and upon the hearing of such Petition the Court may confirm, vary, or reverse the Order ap- pealed against, or may remit such Order to the District Court of Bankruptcy or County Court by which the same was made, with or without any Declaration or Directions of the Court of Chancery in CHAKITABLE TRUSTS ACT, 1853. 343 relation thereto, or may proceed in relation to the Charity to which such Order relates as in the Case of an Application under this Act to a Judge of the Court of Chancery at Chambers, and any Judge of such Court sitting at Chambers or in open Court may make or give any such Orders or Directions in relation to the Matter of such Order as he may see lit, or the Court may make such other Order in relation to the Matter of any such Appeal as to the Court may seem just, and as might be made in the Case of a Suit regularly instituted, or a Petition, as the Case may require ; and in case the Party allowed to Appeal do not within such Three Calendar Months present such Petition of Appeal, the Order against which such Appeal was allowed shall be final ; and in case any Bond to pro- Costs adjudged on any such Appeal to be paid by the pel^may be Party allowed to ^appeal be not paid, such Bond as put in Suit, aforesaid may be put in Suit, and the Money to be recovered on every such Bond shall be applied to indemnify the Charity Estate or the Person damnified, or otherwise in such Manner as the Justice of the Case may require, and the Court or Judge by whom such Appeal may have been heard shall think fit. 41. Provided always, that no Judge of the Court of ^^^j^^^r ^""^ Chancery, nor any District Court of Bankruptcy or District or County Court, shall upon any Proceedings under this ^ourt'^in Act have Jurisdiction to try or determine the Title at Proceedings Law or in Equity to any Beal or Personal Property, Act,^to*t^^ or any Term or Interest therein, as between any Cities &c. Charity or the Trustee thereof, and any Person hold- ing or claiming such Beal or Personal Property, Term, or Interest adverseh) to such Charity, or to try or de- termine any Question as to the Existence or Extent of any Charge or Trust. ^ 42. Before any Application shall be made to any Judge of the Court of Chancery, or to any District * See section 15, ante^ and section 6 of the Act of 1855. 344 Appendix D. Notice to be Court of Bankruptcy or County Court, under any of Appik^tio? the Provisions herein contained for the Establishment oi^AppohiT Alteration of a Scheme or the Appointment or Ke- ment or Re- moval of any Trustees or Trustee, Notice in Writing Tmstees ^^^^ intended Application shall be given in such under this Form and Manner as the said Board shall have directed ; and if the Order be that such Notice be affixed to or near the Door of any Parish or District Church, the Incumbent and Churchwardens of such Parish or District are hereby respectively required to allow such Notice to be affixed and to remain so affixed during such Period, not less than Fifteen Days, as the said Board shall have ordered : and in any Case in which the Order shall be that such Notice shall be affixed to any Place, Evidence that the same has been so affixed shall be deemed and taken as jjrima fame Evidence that it has remained affixed during the Period prescribed by the Board, /ppiica^ 43. Every Application to any Judge or Court under tions may be the Jurisdiction created or conferred by any of the made. Provisions of this Act, may be made by Her Majesty's Attorney-General, or, subject to the Provisions afore- said, by all or any One or more of the Trustees or Persons administering or claiming to administer, or interested in the Charity which shall be the Subject of such Application, or any Two or more Inhabitants of any Parish or Place within which the Charity is ad- Generai^ma ^^^^^^cred or applicable ; and it shall be lawful for Her petition ^^^^ Majesty's Attorney- General for the Time being, acting 52 gTo 3 officio, to make Application by Petition to the Court c. 101." ' of Chancery with respect to any Charity under the Provisions of the Act passed in the Fifty-second Year of King George the Third, Chapter One hundred and one, or under the Provisions of any Act or Acts passed or to be passed authorizing the Application to the same Court by Petition according to the Provisions of the said Act. CHAKITABLE TRUSTS ACT, 1853. 345 44. For the Purposes of determining the Jurisdic- .statement in . . • Certificate tion under this Act with respect to any Charity, or the of Board of Right to appeal from the Determination of a Judge of ^jj^^JJ^g the Court of Chancery, it shall be lawful for the said any charity Board to declare, according to such Judgment as they cientEv?-" may be able to form upon the Returns or Statements dence for before them in relation to any Charity, whether the the^jurS-^^ gross annual Income for the Time being of such Charity diction or does or does not exceed Thirty Pounds or One hun- under this dred Pounds (as the Case may require), and a State- ment in any Certificate or Order of the said Board that according to such Judgment as aforesaid the gross yearly Income of any Charity does or does not exceed Thirty Pounds or One hundred Pounds shall be suffi- cient Evidence of the Amount of the gross annual In- come of such Charity, for the Purpose of determining such Jurisdiction or Right to appeal as aforesaid ; and any Certificate or Order made by the said Board under this Act, authorizing any Proceeding or Application concerning any Charity to be taken or made to any District Court of Bankruptcy or County Court, or to the Court of Chancery or any Judge thereof, shall state that the gross annual Income for the Time being of such Charity does not exceed Thirty Pounds, or does exceed Thirty Pounds (as the Case may be) : Provided Proviso as . */ J i^articuiar always, that where any Charity, or the Trustees there- Endow- of, in addition to the principal Endowment for its i^®^^^- general Objects and Purposes, shall be possessed of or entitled to any other Endowment for any particular or special Object or Purpose arising out of or in its Nature or Application connected with the general Ob- jects or Purposes of such Charity, it shall be la^^rful for the said Board, having regard to the Circumstances of each such Case, and to the Object and Extent of the proposed Application and Litigation, to determine whether such Endow^ment for such particular or special Object or Purpose should, for the Purposes of Juris- 346 Appendix D. diction and Proceedings under this Act, be considered and treated as forming Part of the general Endowment of the Charity, or as a separate or independent Charity, and such Board shall frame their Certificate or Order accordingly. ^iiorto^^" The Lord Chancellor shall make such Orders for make Orders regulating Proceedings by and before the Judges of iatin?pro- ^^i^^^i^t Courts of Bankruptcy and County Courts ceedmgs be- Under this Act, and for fixing and determining the and County* Fecs to be taken in respect of such Proceedings, as he Courts.^ may see fit; and, subject to such Orders, such Judges regiUatePro- Hiay regulate the Proceedings before them respectively ceedings. gQ render them as summary and inexpensive as conveniently may be. Reservation 46. Nothing herein contained shall diminish or de- and privi- "tract from any Bight or Privilege which by any Kule leges of or Practice of the Court of Chancery, or by the Con- Engiand^ structiou of Law, uow subsists for the Preference or t^'*Ch?rUies exclusivc or special Benefit of the Church of E72g- ' land, or the Members of the same Church,^ in settling any Scheme for the Begulation of any Charity, or in the Appointment or Removal of Trustees, or generally in the Application or Management of any Charity. 47. The Secretary for the Time being of the said * The Charity is not to be applied to the furtherance or main- t'ewRv.ce of religious views opposed to those of the founder, when the trust is only generally for the worsliip of God (7 Sim. 290) ; where the Charity was to "instruct children in literature and learning," the Court gives no preference to the Church of England (18 Law Times, O. S. 86); but if tlie founder was a Churchman, the Trustees should be Churchmen also (17 Law Times, 0. S. 296) ; and where the Charity was given to the parishioners of , and for their education amongst other purposes, the education was confined to that according to the principles of the Church of England (Attorney-General v. Cullum, 1 Young and Collier, New Series, 411; Ilminster Free School, 31 Law 'limes, 225). Tlie expression *'in all godly learning and knowledge," used in 1.549, held to mean the doctrines of tlie Church of England, and that Dissenters should not be the trustees of the Charity (Baker v. Lee, House of Lords, 2 Law Times, N.S. 701). CHARITABLE TRUSTS ACT, 1853. 347 Board shall by virtue of his Appointment be the Trea- yl^J^^^^^^l^^. surer of Public Charities ; and such Treasurer shall of Charities : for the Purposes of taking, holding, conveying, assign- ^^^^^,^^^(^^0 ing, transferring, and transmitting Eeal Property, a Coi-pora- including Leaseholds for Lives or Years, be a Corpora- tion Sole by the Name of ^' The Treasurer of Public Charities," and by that Name shall have perpetual Succession, and plead and be impleaded before all Courts, Justices, and others.-^ 48. Where any Land, or any Term or Estate Land hoiden therein, hoiden upon trust for any Charity, shall be fOT^charity, vested in any Persons other than the Persons acting j^M^^* ^^^^^^^ in the Administration and Application of the Rents ; of Court of or where there shall be no Trustee thereof, or the chancery m n 1 -IT and of Judge, Trustees, or any of them, shall be unwillmg to act, or may be it shall be uncertain in whom such Land, Term, or Treasurer. Estate shall be vested, or all or any of the Persons in whom such Land, Term, or Estate shall be vested cannot be found, or shall be under Age, Lunatic, or of unsound Mind (whether found such by Inquisition or not), or otherwise incapable of acting, or shall be out of the Jurisdiction or not amenable to the Process of the Court of Chancery, or where by reason of the reduced Number of Trustees or other Causes a valid Appointment of new Trustees cannot be made, or where by reason of the Expenses incident to the Ap- pointment of new Trustees, and the Conveyance or Assignment of such Land, Term, or Estate to such new Trustees, it shall appear to the Court of Chan- cery, or to any Judge of such Court or of any Court having Jurisdiction with respect to such Charity under this Act, desirable so to do, such Court or Judge may order^ that such Land, Term, or Estate be vested in such Treasurer, and thereupon the same shall vest in such Treasurer and his Successors for all the Estate ^ Altered and extended by section 15 of the Act of 1855. 2 Altered and extended by section 15 of the Act of 1855. 348 Appendix D. and Interest holden in trust for the Charity as afore- said, without any Conveyance or Assurance thereof ; Proviso, but no such Vesting Order as aforesaid shall be made in respect of any Land, Term, or Estate as afore- said, holden in Trust as aforesaid, vested in a Corpo- ration, without the Consent of the Corporation : and no such Testing Order shall take effect in respect of any Copyhold Land without the Consent of the Lord of the Manor; and the Court of Chancery, or such Judge, may direct such periodical or other Payment, as such Court or Judge may think fit, to be made to the Lord of the Manor, in compensation for Fines or other Profits which would have become due upon Death or Admittance of Tenants. Orders may 49. It shall be lawful for any Court or Judge by vesting^ whom respectively any such Vesting Order may have S^e^Tmsteef ^^^^ made, or for any other Court or Judge having of the Jurisdiction in the Matter, if it shall so seem fit to such Charity. q^^^^ Judgc, fi'om Time to Time to order that all or any Part of the Land, Term, or Estate which shall for the Time being be vested in the said Treasurer by virtue of any such Vesting Order as aforesaid, shall be de- vested, and that the same shall be vested in the acting Trustees or Trustee for the Time being of the Charity ; and such last-mentioned Order shall operate to vest such Land, Term, and Estate in the Trustees or Trustee therein named, without any Conveyance or Assurance. Treasurer to 50. Subject to the Orders and Directions of the Court Tmstee.'^ of Chauccry or of any such Judge, such Treasurer shall be deemed a Bare Trustee, and shall permit the Persons acting in the Administration of the Charity-^ to have the Possession, Management, and Control of the Trust Estates, and the Application of the Income thereof, as if the same had been vested in them. 51. The Secretary for the Time being of the said ^ See section IG of Act of 1855. CHARITABLE TRUSTS ACT, 18e53. 849 Board, and sucli^ other public Officer or Officers as the Judge may Lord Chancellor shall appoint, shall be official Trustees tees%tc.^''" of Charitable Funds, and where Trustees or other Per- g^^^^^"|^^ sons having in their Names, or in the Name of any beion^ng'^o deceased Person of whom they are Piepresentatives, in l^^^l^ the Books of the Bank of England, or of the East his juri^dio- India or South Sea Company, or of any other public fe^^same^to"' Company, any Annuities, Stock, or Shares, or holding ^^^^j^^gg any Government or Parliamentary or other Securities in trust for any Charity, shall be desirous to transfer or deposit the same to jor with the said official Trustees in trust for such Charity, or where any Person shall be desirous of transferring or depositing as aforesaid any Annuities, Stock, Shares, or Securities, for discharging any Legacy or Charge given or made to or for the Bene- fit of any Charity, or where it shall appear to the Court of Chancery, or to any Judge of such Court, or of any District Court of Bankruptcy, or ^ County Court having Jurisdiction under this Act, that any Annuities, Stock, Shares, or Securities, held in trust for any Charity, ought, for the Purpose of Security or convenient Ad- ministration, to be transferred or deposited as aforesaid, it shall be lawful for such Court or Judge to order the Transfer or Deposit of such Annuities, Stock, Shares, or Securities to or with such official Trustees.^ 62. The Secretary of the said Board shall keep sepa- Secretary to rate Accounts of the Annuities, Stock, Shares, and Se- J?ate^lc^^^" curities belonging to each separate Charity, and the counts of said official Trustees shall pay the Dividends or Interest ° or Income thereof to the Trustees or Persons acting Charity, in the Administration of such Charity, or otherwise dispose thereof, and transfer such Annuities, Stock, Shares, or Securities (when Occasion shall require), as the Court of Chancery, or any Judge of such Court, 1 See sections 17 & 18 of Act of 1855. 2 See sections 12 & 22 of Act cf 1855, and section 2 of Act of 1860 * See Act of 1855, section 25. B50 Appendix D. Trustees may deposit Deeds, &c. , for Security in a Reposi- tory pro- vided by the Board. Power to Board to frame Schemes for the Appro- priation of Charitable Property to varied Trusts. Notice to be given before Ap- proval o. Schemes, and Objec- tions may be sub- mitted for the Con- Bideration of the Board. or of any District Court of Bankruptcy, or County Court having Jurisdiction under this Act, or other law- ful Authority, shall direct. 53. It shall be lawful for any Trustees or other Per- sons having the Custody of any Deeds or Muniments of or relating to such Charity to deposit the same for Security in a Eepository, which may be provided by the said Board, subject to any Regulations to be made by the said Board under this Act. 54. Where upon the Application of any Trustees or other Persons concerned in the Management or Administration of any Charity, or interested in the Benefits thereof (and after such Examination or In- quiry as the Board may think necessary in relation thereto), or upon any Report of an Inspector, or Infor- mation otherwise obtained by the said Board under this Act, with relation to any Charity, it shall appear to the said Board to be desirable to have a new Scheme^ for the Application or Management of the Charity, and such new Scheme as contemplated or considered desirable by the Board cannot be, or it shall in the Opinion of the Board be doubtful whether it can be carried into complete Effect by the Court of Chancery, or by any District or County Court under the Jurisdiction created by this Act, or otherwise than by the Authority of Parliament, it shall be lawful for the said Board in every such Case provisionally to approve and certify such new Scheme in the Manner and subject to the Regulations hereinafter mentioned. 55. One Month at least before any such new Scheme shall be so provisionally approved. Notice thereof shall be given in such Manner as the Board may in each Case consider proper or expedient for ensuring due Publicity, and every such Notice shall contain such Particulars of the proposed Scheme as the said Board think fit, and it shall be deemed by the said Board * See Act of 18G0, sections 2 to 0. CHARITABLE TRUSTS ACT, 1853. 351 sufficient to show the Nature of such Scheme, and where the Nature thereof cannot conveniently be shown in the said Notice, such Notice shall refer to some convenient Place within the Parish or District, and to the Office in London of the Eegistrar of County Courts' Judgments,^ where a Copy of the proposed Scheme shall be deposited, and may be inspected, and every such Notice shall require any Objections to such Scheme to be stated or transmitted to the said Board or their Secretary within One Month from the time when the Notice shall have been given. 56. If after such Notice as aforesaid any Objections Board may or Suggestions shall be made, the Board shall consider modify or the same, and may thereupon, if to them it shall seem g^^^^^g^^ fit, alter or modify the Scheme according to any such ^ ^ Objections or Suggestions ; and after all such Objec- tions and Suggestions, if any, have been disposed of, or if no such Objections or Suggestions shall have been made, the Board, in case they shall not think fit to refer such Scheme to an Inspector under the Pro- vision next hereinafter contained, may proceed to ap- prove such Scheme, and to certify the same in Manner hereinafter mentioned. 57. Upon the Kequisition of any Person interested J^g^j^^gj^gg^ in the Charity in question (in case the said Board after may be re- due Consideration shall be of Opinion that there are fn^pector^ sufiicient Grounds for complying with such Eequisi- for local tion), or in any other Case, if the said Board shall consider it desirable, the Matter of any Scheme in question may be referred by the said Board to One of their Inspectors, and such Inspector shall thereupon proceed to make a local Inquiry and Examination into the Matter of the Scheme in question, and for the Pur- poses of such Inquiry such Inspector may hold a Sit- * By the 43d section of the Act of 1855 this section is to be con- strued and operate as if the words "The Office of the Board " had been inserted, instead of the words in italics. 852 Appendix D. ting or Sittings in some convenient Place in the Parish or One of the Parishes or the District to or in which respectively the Charity in question is wholly or par- tially situated or is administered, and may take anu receive any Evidence and Information, and hear and inquire into any Objections or Questions relating to the Scheme or Charity in question, and may from Time to Time adjourn any such Sitting, and public Notice shall be given by such Inspector of every such Sitting (except an adjourned Sitting) Fourteen Days at the least before the holding thereof, in such other Mode as in the Judgment of the said Board shall be sufficient to ensure Publicity. Inspectors 58. Evcry Inspector to whom any such Matter shall Result oV^^ be referred shall report in Writing to the* said Board the Board* the Result of his Inquiry, and whether in his Opinion the Scheme in question should be approved with or without any Alteration or Modification thereof, and such Report shall specify or indicate the Alterations (if any) which such Inspector shall consider desirable, with the Reasons for the same, and also the Nature of the Objections (if any) which shall have been made to the Scheme, and the Opinion of the said Inspector thereon, and the said Board shall consider such Re- port, and if, as the Result of such Report or after further inquiry, they shall be satisfied therewith, they may proceed to approve the Scheme in question either with or without any Alteration, and to certify the same in Manner hereinafter mentioned. Schemes 59. Evcry Scheme to be approved by the said Board prm^d^o be shall be Certified by them, and for that Purpose shall certmedby be embodied in a Certificate to be made by the said ^ ' Board, and sealed with their Seal ; and in every Case Copy of such a Copy of such Certificate shall be deposited in some to^bedT-^ convenient Place within the Parish or One of the the^PariSi I^^^i^hes or thc District in which the Charity in qu.es- or District, tion shall wholly or partially be situated or adminis- CHARITABLE TRUSTS ACT, 1853. 353 tered, and at the Office in London'^ of the Registrar of and Notice Country Courts' Judgments, and a Notice shall also be given, in such Manner as the Board shall direct, which Notice shall refer to the Certificate so deposited, and shall state the Intention of the Board to proceed with the Scheme thereby certified. 60. The said Board shall in the Month of February Annual Re- in every Year make a Report to Her Majesty of all ^^^1^^^^^^ their Proceedings during the preceding Year up to the Parliament, Thirty-first Day of December then last past, and such fcJith au Report shall, within Fourteen Days after the making the schemes thereof, be laid before both Houses of Parliament, if ^pp^^^®^ Parliament be then sitting, or otherwise within Four- teen Days after the Meeting thereof ; and in such Report the said Board shall specially distinguish and set forth in full all the Schemes (if any) approved by them under the Provisions lastly hereinbefore con- tained, together with the Grounds of such theii^ Approval and the Objections (if any) which have been made thereto, and all Proceedings had in respect of such Objections, and the G-rounds on which any such Objections have been overruled; and in case it shall be enacted by any Act of Parliament that any such Scheme or Schemes so certified shall be confirmed and take efi'ect, either with or without any Alterations or Modifications thereof respectively, every such Act shall be deemed a Public General Act. 61. The Trustees or Persons acting in the Administra- Accounts of tion of every Charity shall, in Books to be kept by them cSiities^to for that Pwyose, regularly enter, or cause to be entered, ^l^^^J^i^l^^ full and true Accounts of all Money received and paid of County respectively on Account of such Charity,^ and on or ci^sof the before the Twenty-fifth Day of March in every Year, Peace, and or on or before such other Day as shall or may be Board, fixed and appointed for that Purpose by the said * See Note, section 55, ante. 2 See section 45 of Act of 1855, and infra. 23 854 Appendix D. Board, shall cause a Statement in Writing to be made of the Incomes and Revenues, whether actually paid or then due, and the actual Receipts and Expenditure of such Charity for the Year ending on the Thirty-first Day of December then next preceding, or on some other convenient Day to be fixed and appointed for that Purpose by the said Board, and also a Balance Sheet containing a clear Statement of the Balance of such Account, which Statement and Balance Sheet respectively shall be certified under the Hand of some One or more of such Trustees or persons (and audited by the Auditor of such Charity, if any there be) ; and as to every Charity whose gross annual In- come for the Time being shall not exceed Thirty Pounds, every such Statement and Balance Sheet respectively, or a Duplicate or true Copy thereof respectively, shall be delivered or sent by such Trustees or Persons free of Charge to the Clerk of the County Court or some One of the County Courts (if more than One) to whose Jurisdiction such Charity may be subject under this Act (in case such Charity be subject to the Juris- diction of any County Court under this Act), or if such Charity be not subject to the Jurisdiction of any County Court, then to the Clerk of the County Court for the District or any one of the Districts (if more than One) wherein or nearest adjoining whereto such Charity is established, or the Property thereof (in whole or in part) is situate or administered and dis- tributed ; and as to every Charity whose gross annual Income for the Time being shall exceed Thirty Pounds, every such Statement and Balance Sheet, or a Dupli- cate or true Copy thereof respectively (unless the said Board shall otherwise direct), shall be delivered or sent free of charge to the Clerk of the Peace for the County or the Division of the County, or some one of the Counties or Divisions of Counties (if more than One) in which the Charity is established, or the Pro- CHAKITABLE TRUSTS ACT, 1853. 355 perty thereof is wholly or partially situated or adminis- tered and distributed ; and every such Statement and Balance Sheet, or a Duplicate or true Copy thereof respectively, shall be kept and registered without Fee or Reward by the Registrar of County Courts' Judg- ments or the Clerk of such County Court, and the Clerk of the Peace of such County or Division re- spectively, and shall be open to the Inspection of all Persons, at all seasonable Hours, on Payment of the Sum of One Shilling to the Registrar or Clerk for every such Inspection ; and any Person may require and have a Copy of any such Statement and Balance Sheet, or of any Part thereof, paying therefor to such Registrar or Clerk after the Rate of Twopence for every Seventy-two Words or Figures ; and a Duplicate or Copy of every such Statement and Balance Sheet to be made according to the foregoing Provision, so certified and audited as aforesaid, shall be delivered or trans- mitted, through the Post or otherwise, free of Charge, by such Trustees or other Persons, to the said Board, on or before the said Twenty-fifth Day of March in every Year, or such other Day as may be fixed and appointed by the said Board as aforesaid ; and the said Board may from Time to Time by any Order direct that the Statement and Balance Sheet, or a Duplicate or true Copy thereof respectively, of the Accounts of any Charity whose gross annual Income exceeds Thirty Pounds, shall be delivered or sent to the Clerk of the County Courts in the same Manner as if the Income of such Charity did not exceed Thirty Pounds ; and the said Board may make and give such further and other Orders and Directions in relation to the Delivery and Publication of such Accounts, and the Form thereof, as they may think fit, which Direc- tions and Orders shall be obligatory on and obeyed by all such Trustees and Persons as aforesaid.^ ^ This section by section 44 of the Act of 1855, is (except the por- 356 Appendix D. ^x^p^ion 62. This Act shall not extend to the Universities Operations of OxfoTcL, Cambridge, London, or Durham; or any of Act. College or Hall in the said Universities of Oxford, Cambridge, and Durham, or to any Cathedral or Col- legiate Church, or to any Building registered as a Place of Meeting for Eeligious Worship with the Kegistrar- General of Births, Deaths, or Marriages lin England or Wales, and bona fide used as a Place of Meeting for Eeligious Worship ; nor shall this Act, for the Period of Two Years from the passing thereof, extend or be in any Manner applied to Charities or Institutions, the Funds or Income of which are appli- cable exclusively for the Benefit of Persons of the Eoman Catholic Persuasion,^ and which are under the Superintendence or Control of Persons of that Per- suasion ; nor shall this Act extend or be applied to the Commissioners of Queen Anne's Bounty, or to the British Museum, or to any Friendly or Benefit Society or Savings Bank, or any Institution, Establishment, or Society for religious or other charitable Purposes, or to the Auxiliary or Branch Associations connected therewith, wholly maintained by voluntary Contribu- tions, or any Bookselling or Publishing Business carried on by or under the Direction of any Society wholly or partially exempted from this Act, so far as such Business is or shall be carried on by means of voluntary Contributions only, or the Capital or Stock Provisions of such Business; and where any Charity is main- rfties sup- ^^iii^d partly by voluntary Subscriptions and partly by ported Income arising from any Endowment, the Powers and tion in italics) repealed as to all accounts not required to be rendered before the 14th August, 1855 ; and in lieu thereof, fresh provisions are substituted. The Court of Chancery can compel accounts from the foundation of the Charity ; but unless the misapplication has been very gross, the account would only be required from the last appointment of Trustees (3 Myl. & K. 147). 1 See section 47 of Act of 1855, and the " Roman Catholic Charities. Act," 1860, infra. CHARITABLE TRUSTS ACT, 1853. 357 Provisions of the Act shall, with respect to such ^^^^^^^^J^ Charity, extend and apply to the Income from Endow- Subscrip- ment only, to the Exclusion of voluntary Subscrip- tions, and the Application thereof; and no Donation or Bequest unto or in trust for any such Charity as last aforesaid, of which no special Application or Appropriation shall be directed or declared by the Donor or Testator, and which may legally be applied by the governing or managing Body of such Charity as Income in aid of the voluntary Subscription, shall be subject to the Jurisdiction or Control of the said Board, or the Powers or Provisions of this Act ; and no Portion of any such Donation or Bequest as last aforesaid, or of any voluntary Subscription, which is now or shall or may from Time to Time be set apart or appropriated and invested by the governing or managing Body of the Charity, for the Purpose of being held and applied or expended for or to some defined and specific Object or Purpose connected with such Charity, in pursuance of any Rule or Resolution made or adopted by the governing or managing Body of such Charity, or of any Donation or Bequest in aid of any Fund so set apart or appropriated for any such Object or Purpose as aforesaid, shall be subject to the Jurisdiction or Control of the said Board or the Powers or Provisions of this Act ; and nothing in this Act shall subject the Funds or Property of any Missionary or other similar Society, or the Mis- sionaries, Teachers, or Officers of such Society, or of any Branch thereof, which Funds or Property shall not be within the Limits of England or Wales, to the Jurisdiction of the said Board : Provided always, that the said Exemption shall not extend to any Cathedral, Collegiate, Chapter, or other Schools.^ 63. It shall be lawful for any of the Charities Exempted exempted from the Operation of this Act, by Order ^^y^pett ^ See sections 48 & 49 of the Act of 1855. 858 Appendix T>, tion Com- missioners to have Benefit of Act. Disputes among Members of exempted Charities may be referred to Arbitration of Commis- sioners. or Eesolution duly made in conformity with the Con- stitution or Rules of such Charity (and which in that Case only shall be binding), to apply by Petition to the Commissioners to have the Benefit of this Act, either generally or as to any of the Provisions herein contained ; and such Petition shall be under the Seal of such Charity if incorporated, and if not, then under the Hands of the major Part of the Trustees and governing Body of such Charity ; and in such Case it shall be lawful for the Commissioners, if they shall think fit, to make an Order in conformity with such Application, and such Charity shall henceforth be entitled to and be bound by all the Provisions of this Act, if admitted generally thereto, or by such of the Enactments thereof, as shall be mentioned and speci- fied in such Order of the Commissioners, but in either Case in the same Manner as if such Charity had not been exempted from this Act, or such Exemption had not extended to the Enactments specified in such Order. 64. Provided also, that if any Question or Dispute shall arise among the Members of any Charity^ ex- empted from the Operation of this Act in relation to any Office, or the Fitness or Disqualification of any Trustee or Officer, or his Election or Removal, or generally in relation to the Management of the Charity, it shall be lawful for Two Thirds of the Members present at any Special Meeting, duly con- vened by Notice for the Purpose in the same Manner in which Meetings of such Charity are by the Rules thereof appointed to be held and convened, to refer such Question or Dispute to the Arbitration of the Commissioners, who shall accept such Reference, and act therein as Arbitrators, and their Award shall be ^ By the 46tli section of the Act of 1855, this section is to apply also to members of any Charity within the operation of tlie present Act. CHARITABLE TRUSTS ACT, 1853. 359 filial, and may be made a Ruie of Her Majesty's High Court of Chancery. 65. The legal Estate in all Lands which at the Legal Estat;^ Time of the passing of the Act of the Session holden nowTested in the Fifth and Sixth Years of King William the g^^o^""'^^^ Fourth, Chapter Seventy-six, was vested in the Body tions on Corporate of any Borough which became subject ^-^^g^^^be to the Provisions of the said Act, or in any One vested in or more of the Members of such Body Corporate, in (a^'o^wni. his or their Corporate Capacity, solely or together 4, c re), with any Person or Persons elected solely by such Body Corporate, or solely by any p-articular Number, Class, or Description of Members of such Body Corporate, in whole or in part in trust or for the Benefit of any Charitable Uses or Trusts whatsoever, and which legal Estate shall not have been since duly conveyed or assured to and vested in the Trustees appointed by the Lord High Chancellor under the Provisions of the said Act, or such of them as shall be surviving and continuing Trustees, or otherwise lawfully conveyed, aliened, or disposed of by such Body Corporate or Member or Members thereof, shall from and imme- diately after the passing of this Act, and without any actual Conveyance, Assignment, or other Assurance thereof, be vested in the Trustees so appointed, or such of them as shall be surviving and continuing Trustees under such appointment as aforesaid, accord- ing to the respective Estates and Literests therein, and subject to such and the same Charges and Incumbrances and upon such and the same Trusts as the same were respectively subject to previously to such vesting ; and in every Case, upon the Death, Resignation, or Removal of any of the Trustees, and upon any Appointment of any new Trustee or Trustees respectively, the legal Estate in the same Lands, and in all other Lands subject to any such Charitable Uses or Trusts which may for the Time being be Appendix D. vested in the Trustees or any of them, or in any Persons or the Heirs or Devisees of any Person who may have died, resigned, or been removed, shall vest in the Persons who after such Death, Resignation, or Removal, and such Appointment of such new Trustee or Trustees respectively, shall continue to be the Trustees for the Time being, without any Conveyance or Assurance whatsoever, interpreta- 66. In the Construction of this Act, except where Tennf Context or other Provisions of the Act may require a different Construction, the Expression Court of Chancery" shall mean and include the Master of the Rolls and every Judge of the Court of Chancery in England ; the Expression ''Lord Chancellor" shall mean and include the Lord Chancellor of Great Britain and the Lord Keeper and the Commissioners of the Great Seal of Great Britain for the Time being ; the Expressions ''District Court of Bankruptcy" and "District Court" shall mean and include every Dis- trict Court of Bankruptcy established or to be esta- blished under the Act of the Fifth and Sixth Years of the Reign of Her present Majesty, Chapter Twenty-two, or under any other Act or Acts passed or to be passed for the Alteration or Amendment or the Extension of the same Act, or for the Establishment of any District Court or Courts of Bankruptcy in England or Wales, and every Commissioner or Judge of every such Dis- trict Court; the Expression "County Court" shall mean and include every County Court holden or esta- blished or to be holden or established under the Act of the Ninth and Tenth Years of Her Majesty, Chapter Ninety-five, or any Act or Acts passed or to be passed for the Alteration or Extension of the same Act, and every Judge of any such Court ; the Expression "Charity"^ shall mean every endowed Foundation ^ See section 48 of the Act of 1855, and definition of "endowment" below. CHAEITABLE TRUSTS ACT, 1853. 361 and Institution taking or to take effect in England or Wales, and coming within the Meaning, Purvieu, or Interpretation of the Statute of the Forty -third Year of Queen Elizabeth, Chapter Four, or as to which, or the Administration of the Kevenues or Property where- of, the Court of Chancery has or may exercise Jurisdic- tion ; the Expression Trustee " of any Charity shall mean and include every Person and Corporation seised or possessed of or entitled to any Real or Personal Estate, or any Interest therein, in trust for or for the Benefit of such Charity, or all or any of the Objects or Purposes thereof, and every Member of any such Corporation ; and the Expression the Board " shall mean the said Charity Commissioners sitting as a Board under this Act ; and the Expression " Endowment " ^ shall mean and include all Lands and Real Estate whatsoever, of any Tenure, and any Charge thereon, or Interest therein, and all Stocks, Funds, Moneys, Securities, In- vestments, and Personal Estate whatsoever, which shall for the Time being belong to or be held in trust for any Charity, or for all or any of the Objects or Purposes thereof; and the Expression ^'Land" shall extend to and include Manors, Messuages, Buildings, Tenements, and Hereditaments, corporeal and incorpo- real, of every Tenure and Description. 67. This Act shall not extend to Scotland or Ireland^ Extent of 68. This Act may be cited as " The Charitable short Title Trusts Act, 1853." ^ Land purchased with voluntary contributions not an " Endow- ment :" which word refers to an endowment made for some specific purpose or trust. (See Governors of Charity for Poor Widows v. Sutton, 27 Beavan, 651). 362 Appendix J), 18 & 19 YiCT. c. 124. An Act to amend the Charitable Trusts Act^ 1853. [14th August, 1855.] Whekeas it is expedient to extend and amend the Charitable Trusts Act, 1853, as hereinafter provided : 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, as follows : 16 and 17 1. The Charitable Trusts Act, 1853," hereinafter and this^Act ^^^1^^ principal Act," and this Act, shall be con- to be con- strucd together as One Act, and any Provisions of the s^me toge- pj^j^^^jp^j j^^^ inconsistent with this Act are hereby repealed. Provision as 2. So much of the principal Act (Section 4) as pro- *^*Jjf/^^/^^^ vides that after the Thirty-first Day oi March, One Commis- thousaiid eight hundred and fifty- seven, an annual Salary repealed. shall be paid to One onl}^ of the Commissioners besides the Chief Commissioner is hereby repealed. Power to 3. It shall be lawful for Her Majesty and Her Suc- additSnai ccssors. Under the Eoyal Sign Manual, to appoint Inspectors, additional Inspectors (not exceeding Three in Number) for the Purposes of this Act and the Charitable Trusts Act, 1853, and such additional Inspectors shall hold Office during Pleasure, and shall be possessed of the same Powers, Authorities, and Jurisdiction, and be entitled to the same Privileges and Emoluments, as the Inspectors appointed under the said former Act of One thousand eight hundred and fifty -three. CHARITABLE TRUSTS AMENDMENT ACT, 1855. 363 4. Every Act of the Board may be sufficiently au- ^^cte of thenticated by the Seal of the Commissioners, and the hivvtobe' Signature of their Secretary, or, in his Absence, of the authenti- Chief Clerk. 5. All Orders, Certificates, Schemes, and other Docu- Entries in ments issued under the Seal of the Board, shall be tracts from deemed and taken to be the Originals, and Copies Books of thereof shall be entered in the Books of the Board, how to be and all such Entries may be sufficiently certified by the Signature of the Secretary, or, in his Absence, of the Chief Clerk : every Order, Certificate, Scheme, and other Document purporting to be sealed with the Seal of the Board, shall be received in Evidence without further Proof; and any Writing purporting to be a Copy extracted from the said Books, and to be certified as aforesaid, shall be received in Evidence in like Manner. 6. The Board, or any Commissioner or Inspector, The Powers such Inspector acting under the Authority of the Board, missiouers^' may require written Accounts and Statements and ^^^^ to m^^' Answers to Inquiries relating to any Charity, or the quire into Property or Income thereof, to be rendered or made to g^^tended them respectively by all or any of the following Per- sons ; that is to say. Trustees or Persons acting or concerned in the Ad- ministration of the Charity, its Property or Income, or in the Receipt or Payment of any Moneys thereof : Agents of any such Trustees or Persons : Depositaries of any Funds or Moneys of the Charity : Persons in the beneficial Receipt of any Funds thereof, or of any Income or Stipend therefrom : Persons having the Possession or Control of any Documents concerning the Charity or any Pro- perty thereof : And the Board or the Commissioner or Inspector may require the Persons rendering or making any 364 Appendix D. Power to require Trustees and others to attend and be examined. Precepts or Orders for the pre- ceding Pur- poses, how to be made. Persons not complying with Requi- sitions, etc., to be deemed sucli Account, Statement, or Answer, to verify the same by Oath or otherwise, and may administer such Oath : Provided always, that nothing herein contained shall extend to give to the said Board or their In- spectors any Power of requiring from any Person holding or claiming to hold any Property whatsoever adversely'^ to any Charity, or free or discharged from any Charitable Trust or Charge, any Information, or the Production of any Deed or Document whatever in relation to the Property so held or claimed adversely, or any Charitable Trust, or Charge alleged to affect the same. 7. The Board, or any Commissioner or Inspector acting as aforesaid,^ may require all or any such Trus- tees and Persons as aforesaid to attend before them respectively at such Times and Places as may be rea- sonably appointed, for the Purpose of being examined in relation to the Charity, and to answer such Ques- tions as may be proposed to them, and to produce upon such Examination any Documents in their Custody or Power relating to the Charity or the Property thereof, and may examine upon Oath or otherwise all such Persons and all Persons voluntarily attending, and may administer such Oath : Provided always, that no Per- son shall be obliged to travel in obedience to any such Requisition more than Ten Miles from his Place of Abode. 8. All Requisitions made under the foregoing Autho- rities shall be made respectively by the Order of the Board, or by Precept, under the Hand of the Commis- sioner or Inspector making the same. 9. Any Person refusing or wilfully neglecting to comply with any such Requisition, or with any Order of the Board, made under the Provisions of this Act or the principal Act, or destroying or withholding any * See Sections 14 & 15 of the Act of 1853, ante» 2 See section 6. CHAKITABLE TRUSTS AMENDMENT ACT, 1855. 365 Document required to be produced or transmitted by ^"ity of a him, shall be taken to be guilty of a Contempt of the thrcourtof High Court of Chancery, and shall be Hable to be Chancery, attached and committed by such Court, on summary Application by the Commissioners to the same Court or to any Judge thereof, and shall pay such Costs at- tending such Contempt as the said Court or Judge shall direct : Provided always, that the Court may at any Time discharge, on such Terms as it may deem just, any Person attached or committed on any such Application, or on any Application made under Sec- tion Fourteen of the principal Act. 10. Where any Parish or Ecclesiastical District^ Power to entitled to the Benefit of a Charity has or shall have pa?ochi£d been divided into separate Parishes or Ecclesiastical ^^^^^^^^ Districts, and no Apportionment of Charities originally Division of applicable to the Parish or District so divided shall have been made by Parliament or other competent Authority, the Board, in respect of all Charities the gross annual Income whereof does not for the Time being exceed Thirty Pounds, may apportion the Benefit of the Charity between each new Parish or District, or any Portion thereof taken from the Parish or District originally entitled to the whole Benefit, and the Remainder of such last-mentioned Parish or District, in such Manner and such Proportions as, upon a Consideration of the Purposes of the Charity, the Population of each Parish or District, and other Circumstances, they may think fit, and may also apportion the principal Endowments between such Parishes or Districts, if it be thought fit, and may 1 Whether under the Church Building Acts or the " New Parishes Acts," 1844 & 1856. See, as to apportionment of Charities in the former case by the (late) Church Building Commissioners, the 3d Geo. IV. c. 72, § 11. The Court of Chancery also has a power to apportion in such cases on petition ; see the 8th & 9th Vict. c. 70, § 22. As to New Parishes, see 19 & 20 Vict. c. 10 1, §§ 26 & 31, Appendix A. 366 Appendix D. Evidence as to annual Income of any Charity not exceed- ing m. The Official Trustees of Charitable Funds may be empower- ed to call for Transfers to them of Stock, etc. Notices to be given of certain Orders of the Board. appoint separate Trustees of any Part of the Endow- ments.-^ 11. The Certificate of the Board, that according to their Judgment the gross yearly Income of any Charity does not for the Time being exceed Thirty Pounds, shall be sufficient Evidence of the Amount of such annual Income for the Purpose of determining the Jurisdiction under the foregoing Provision. 12. ^ Any Court or Judge having Jurisdiction to order the Transfer of Stock in the Public Funds, or Stock or Shares of any Public Company, to the Official Trustees of Charitable Funds, shall have Power also to authorize such Trustees to call for a Transfer of and to transfer such Stock or Shares, and may also order the Payment to the same Trustees of any Principal Moneys^ of any Charity, under the same Circumstances in which the Transfer of Stock to them may now be ordered. 13. No Order for apportioning the Benefits of any Charity shall be made by the Board until after such public Notices shall have been given of the Proposal to make the same as the Board may consider expe- dient for ensuring Publicity in each Parish or District in which the Charity is or ought to be applied, or among all Persons interested therein, nor until after the Expiration of One Month from the Publication of such Notice ; and every such Notice shall contain (so far as conveniently may be) sufficient Particulars of the proposed Order, to show the Objects thereof, and shall prescribe a Time within which any Objections thereto may be stated or transmitted to the Board. 14. All Objections which may be made to any pro- * In Lambeth, the Charities were, by the Court of Chancerj-, sub- divided among the thirteen districts into which that parish had been divided (22 L. J. Ch. 959). 2 See Act of 1860, sects. 2 & 12. ^ See as to investment, section 23. CHARITABLE TRUSTS AMENDMENT ACT, 1855. 367 posed Order shall be considered by the Board, who Proceedings may suspend the making thereof for further Inquiry, ReSpt of or may modify the same, as may be found expedient ; Objection and a Copy of every such Order when made shall, in tk)ns^^'^'^^ the Case of any local Charity, be deposited for the space of One Month in some convenient Place within the Parish or One of the Parishes or the District in which the Charity is applicable, and also be open to Inspection at the Office of the Commissioners, and such Publicity shall be given thereto among all Persons interested in the Charity as the Board shall consider expedient ; or if the Charity be not local, then a Copy of such Order shall be open to Inspection at the Office of the Commissioners, and public Notice thereof shall be given in such Manner as to the Board shall seem fit, and in Cases where there is a special Visitor, Notice shall be given to him. 15. The Secretary for the Time being of the Board The Official shall be a Corporation Sole by the Name of " The cLarity""^ Official Trustee of Charity Lands," for taking and Lands con- holding Charity Lands, and by that Name (instead of the Name of Treasurer of Public Charities") shall have perpetual Succession ; and all Land, or Estates or Interests in Land now vested in the Treasurer of Public Charities " by that Name shall become, upon the passing of this Act, and by virtue thereof, vested in like Manner, and upon the same Trusts, in the Official Trustee of Charity Lands," and all Provisions of the Principal Act which have reference to the Treasurer of Public Charities shall operate as if the Name of the ^ ' Official Trustee of Charity Lands ' ' had been used therein instead of the Name of Trea- surer of Public Charities." 16. The acting Trustees of every Charity, or the Power to Majority of them, provided that such Majority do not tee^to^^-^" consist of less than Three Persons, shall have at Law Leies.^'^^ and in Equity Power to grant all such Leases or 368 Appendix D. Appoint- ments of Official Trustees of Charitable Funds regu- lated. Such Trus- tees to have perpetual Succession, and may- hold Funds in that Name. Funds to vest in the Official Trustees for Tenancies of Land belonging thereto, and vested in the Official Trustee of Charity Lands, as they would have Power to grant in the due Administration of the Charity if the same Land were legally vested in them- selves ; and all Covenants, Conditions, and Remedies contained in or incident to any Leases or Tenancy so granted shall be enforceable by and against the Trus- tees or Persons acting in the Administration of the Charity for the Time being, and their Alienees or Assigns, in like Manner as if such Lands had been legally vested in the Trustees granting such Lease or Tenancy at the Time of the Execution thereof, and had legally remained in or had devolved to such Trustees or Administrators for the Time being, their Alienees or Assigns, subject to the same Lease or Tenancy.^ 17. The Lord Chancellor may from Time to Time by Writing under his Hand appoint any Person to be, jointly with the Secretary for the Time being of the said Board, the Official Trustees of Charitable Funds, and remove any such Trustees ; and every such Ap- pointment or Removal shall be published in the London Gazette. 18. The present Official Trustees of Charitable Funds, and their Successors, to be so appointed, shall have perpetual Successors by the Name of The Official Trustees of Charitable Funds," and may hold by that Name Stock in the Public Funds, and Stock and Shares of any Public Company, Securities, and Moneys, which shall respectively devolve to their Suc- cessors, the Official Trustees of Charitable Funds for the Time being, without Transfer or Assignment. 19. All Stock in the Public Funds vested in the joint Names of Henry Morgan Vane, Thomas Hare, and Walker Skirrow, Esquires, the present Official ^ See section 29 of this Act, and section 16 of Act of 1860. CHABITABLE TRUSTS AMENDMENT ACT, 1855. 369 Trustees of Charitable Funds, shall upon the passing the Time of this Act be transferred by the Governor and Com- pany of the Bank of England from their Names to the Account of the Official Trustees of Charitable Funds. 20. The Official Trustees of Charitable Funds shall. The official for the Purposes of their Trust, keep a Banking keep^SLk* Account in their Official Name in the Books of the ing AccouDt. Governor and Company of the Bank of England^ and the Secretary of the Board shall keep separate Ac- counts of the Moneys held upon such Account, and belonging to each separate Charity. 21. All Orders for payment of any Money held Mode of upon such Banking Account shall be signed by One at ?hrBafk^g least of the official Trustees of Charitable Funds, Account, not being the Secretary of the Board, and also by the Secretary, and shall be countersigned by one of the Commissioners, or shall be otherwise signed or authen- ticated in such Manner as the Lord Chancellor shal] from Time to Time by Order under his Hand direct ; and such Order shall be a sufficient Authority to the Bank paying the same for all such Payments. 22. Any Trustee or other Person may, on obtaining Trustees an Order of the Board for the Purpose, transfer any stock tT^ Stock or pay any Money to the Official Trustees of ^^^gj-g^g Charitable Funds in trust for any Charity. 23. All Principal Moneys belonging to any Charity as to Dis- directed to be paid to the Official Trustees of Chari- ^^-^^jpai table Funds, shall be paid to their Account at the Moneys paid Bank, and, subject to any Order of the Court or Judge or of the Board by which respectively the payment shall have been authorized, shall be forthwith invested in the Public Funds in the Names of the Official Trustees of Charitable Funds, for the Benefit of the Charity to which they shall belong. 24. The Dividends arising from all Stock in the ^^^J^^^j^'^ Public Funds standing in the Name of the Official interest^due 24 370 Appendix D. to the Offi- cial Trustees of Chari- table Funds to be placed to their Banking Account. For the Re- gulation of Transfers and Pay- ments to or by the Offi- cial Trus- tees. Copies of Orders affecting the Account of the Official Trustees to Trustees of Charitable Funds shall from Time to Time be received by the Governor and Company of the Bank of England, under the Authority of this Act, for the Credit of the said Official Trustees, and shall be placed to their Banking Account accordingly; and all Divi- dends and Interest arising from any other Stock, Shares, or Securities standing in the Name of or held by the Official Trustees of Charitable Funds shall be paid only to the Governor and Company of the Bank of England for the Account of the same Trustees ; and the said Trustees shall from Time to Time execute to the said Governor and Company all such Powers as shall be found necessary for enabling them to receive and give efiectual Discharges for the last-mentioned Dividends and Interest. 25. No Transfer of any Stock, Shares, or Securities shall be made to the Official Trustees of Charitable Funds, nor shall any Money, other than the Dividends or Interest of any such Stock, Shares, or Securities as aforesaid, be paid to their Account, except in pursuance of an Order of the Court of Chancery, or of some Judge thereof, or of a District Court of Bankruptcy or County Court, or of the Board ; and no Transfer of any such Stock, Shares, or Securities shall be made by the Official Trustees, except under the Order of such Court or Judge, or under the Order of the Board signed by Two Commissioners, or authenticated in such Manner as the Lord Chancellor from Time to Time by any Order under his Hand shall direct ; and no Transfer to or by the Official Trustees shall be per- mitted by the Governor and Company of the Bank of England or any other Company contrary to this Pro- vision. 26. Copies of all Orders made by any Court or Judge for any Transfer or Deposit, Payment of Stock, Shares, Securities, or Moneys to or by the Official Trustees of Charitable Funds shall be forthwith trans- CHARITABLE TRUSTS AMENDMENT ACT, 1855. 371 mitted to the Board by the Parties obtaining such sent to ^ T ° the Board. Orders. 27. Every Order made under the principal Act or indemity this Act, requiring or authorizing the Transfer, Pay- and^o^he^rs. ment, or . Deposit of any Stock, Shares, Securities, or Moneys to or with the Trustees of any Charity or the official Trustees of Charitable Funds, or conferring a Right to call for or to make such Transfer, shall be a complete Indemnity to the Governor and Company of the Bank of England and all Companies and Persons for any Act done pursuant to such Order ; and the said Governor and Company and other Companies and Persons shall be required to give effect or to conform to every such Order, and it shall not be necessary for them to inquire concerning the Propriety of such Order, or the Jurisdiction of the Court or Judge or the Board to make the same.^ 28. All Dividends arising from any Stock in the Divideads Public Funds standing in the Name of the Official ^amfot '° Trustees of Charitable Funds, and which shall be cer- Official Fund tified by the Board to the Governor and Company of be^canied^ the Bank of England to be exempt from the Property ^^,^^^^1^^^ or Income Tax, shall be paid or carried to the Banking income Tax. Account of the Official Trustees without any Deduc- tion of such Tax ; and all Dividends arising from any Stock in the Public Funds standing in any other Names or Name, and which the Board shall certify to the Governor and Company of the Bank of England to be subject only to Charitable Trusts, and to be exempt from such Tax, shall be paid without any Deduction thereof. 29. It shall not be lawful for the Trustees or Persons Restrictions acting in the Administration of any Charity to make and LeISs or grant otherwise than with the express Authority of of charity Parliament, under any Act already passed or which may hereafter be passed, or of a Court or Judge of 1 See Act of 1860, sec. 23. 872 Appendix D. competent Jurisdiction, or according to a Scheme legally established, or with the Approval of the Board, any Sale, Mortgage, or Charge of the Charity Estate, or any Lease thereof in Reversion after more than Three Years of any existing Term, or for any Term of Life, or in consideration wholly or in part of any Fine, or for any Term of Years exceeding Twenty-one Years. ^ Sinking 30. So much of Section Twenty-one of the principal pro^ided^for requires a compulsory Provision to be inserted Ijayingoff in every Mortgage for the Payment of the Principal in^iieiTor^ Mouey borrowed by annual Instalments, and for the Mort^a^e Redemption and Reconveyance of the Mortgaged Es- Deeds. tates within the Period of not more than Thirty Years, is hereby repealed ; but the Board authorizing any Mortgage to be made of any Charity Estate shall make such Provisions, by the same or any other Order, as to them may seem necessary, for directing the Trustees or Persons administering the Charity to discharge the Principal Debt or any Part thereof by such yearly or other Instalments within Thirty Years from the Date of the Security as to the said Board may seem fit ; or to form an Accumulation or Sinking Fund out of the Income of the Charity for discharging the Principal Debt or any Portion thereof within the same Period, and shall give Directions as to the Investment and Accumulation of such Fund, and the Trustees for the Time being, or Persons administering the Charity, shall carry such Order into effect. Extension of 31. The Tweuty-third Section of the principal Act Power of shall extend to Authorize a Compromise or Adjustment Board as to ^i--rx t n n ' Compromise 01 any Claun, Demand, or Cause oi Suit against any of Claims. (3}^arity, or the Trustees or Administrators thereof, 1 This section affects the powers given in section 21 of the Act ol 1853, and section 16 of this Act. The Act of 12 & J3 Vict. c. 26 (the Leases and Sales of Settled Estates Act), does not extend tt Charities. CHAKITABLK TKUSTS AMENDMENT ACT, 1855. 373 and the Order of the Board in relation thereto shall have the like effect as in the Case of any Compromise or Adjustment for which Provision is made by the said Section. 32. The Board may authorize the Application of Board may any Funds belonging to any Charity in Payment for p^y^e^ft for Equality of Exchange or Partition, or in Payment of ^^^^f^^l^^^^j. any Expenses incident thereto, or may authorize the Partition. Trustees to raise any Money for such Purposes by Mortgage of any Land acquired on such Exchange or Partition, or belonging to the Charity. 33. Where there shall be Uncertainty as to the Powerto specific Part of the Lands out of which any Kent, Land?^ Annuity, or other Periodical Payment, not exceeding charged the yearly sum of Ten Pounds charged upon some ^ (?iiaiT//e\ Part of the same Lands for the Benefit of a Charity, shall be payable, it shall be lawful for the Board, upon the Application of the Trustees or Persons acting in the Administration of the Charity, and with the Con- sent of the Persons interested, according to the afore- said Definition of " Persons interested,'' ^ in the same Lands, to determine by their Order the Land charged with such Bent, Annuity, or other periodical Pay- ment, which shall thenceforth stand charged with such Rent, Annuity, or periodical Payment accordingly, to the Exoneration of the Residue of such Lands there- from. 34. The Expenses incident to the Application for Expenses of and procuring of any such Order of Exchange or and p^ili- Partition, or Order determining the Land charged tions, and with any Rent, Annuity, or periodical Payment, shall AppScaSoif be paid by the Trustees or Administrators of the ciiarges. Charity, or by the other Parties to such Transactions, or by both, as the Board may direct. * Unless this refers to the 6th section, which is doubtful, there would appear to be an omission, as there is no other definition of " Persona interested." 874 Appendix D. Incorpo- rated Chari- ties and Trustees for Charities may rein- vest in Land. Order of Board for Invest- ments to be carried into effect, and Costs to be raised. Board may direct Offi- cial Trus- tees to con- vey Lands, etc. Leases, etc., to be valid, notwith- standing disabling Acts. 35. Any incorporated Charity, or the Trustees of any Charity, whether incorporated or not, may, with the Consent of the Board, invest Money arising from any Sale of Land belonging to the Charity, or received by way of Equality of Exchange or Partition, in the Purchase of Land, and may hold such Land, or any Land acquired by way of Exchange or Partition, for the Benefit of such Charity, without any Licence in Mortmain, 36. All Orders of the Board for the Investment of Money coming to any Charity or the Trustees thereof on any Sale, Exchange, or Partition, shall be carried into effect by the Trustees or Persons administering the Charity ; and all Moneys which the Board shall order to be provided out of any Income or Property of a Charity for the Payment of the Costs of any such Transactions shall be provided or raised by the Trus- tees and Administrators of the Charity, and applied accordingly. 37. It shall be lawful for the Board to authorize or order and direct the Official Trustees of Cliarity Lands and the Official Trustees of Charitable Funds re- spectively to convey Lands, and to assign, transfer, and pay over Stocks, Funds, Moneys, and Securities, as the Board shall think expedient. 38. All Leases, Sales, Exchanges, Partitions, and Transactions authorized by the Board under the principal Act or this Act shall be valid and effectual, notwithstanding the Act of the Thii^teenth Year of the Beign of Queen Elizabeth, Chapter Ten, the Acts of the Fourteenth Year of the same Queen, Chapters Eleven and Fourteen, the Acts of the Eighteenth Year of the same Queen, Chapters Six and Eleven, the Act of the Thirty-ninth Year of the same Queen, Chapter Five, and the Act of the Twenty-first Year of the Reign of King James the First, Chapter One, or any disabling Act applicable to the Charity the CHARITABLE TRUSTS AMENDMENT ACT, 1855. 375 Estates whereof shall be the Subject of any such Transaction. 39. It shall be lawful for the Board to prepare, and Board may under their Seal to approve of, any Scheme for the schemes for letting of the Property or any Part of the Property of J^^*^tabie any Charity ; and all Leases granted by any Trustees Property, or Persons acting in the Management of any Charity pursuant to or in conformity with such Scheme shall be valid.-^ 40. The Board may order the Bill of Costs or power to Charges claimed by any Attorney or Solicitor on ^f^g[g?^^ account of Business conducted or transacted by him charity on Behalf of any Charity, or the Trustees thereof, to TaxatSn.^ be examined and taxed by the Taxing Masters of the Court of Chancery, or by the proper Taxing Officers of any of the Superior Courts at Westminster, who shall proceed to examine and tax the same Bill accordingly ; and if the same shall be reduced upon such Taxation by the Amount of One Sixth Part or more of the Amount thereof, the Costs of the Taxa- tion shall be paid by such Attorney or Solicitor, but otherwise out of the Funds of the Charity by the Trustees thereof ; and the Board may, after being satisfied as to any Bill that it contains exorbitant Charges, order any such Bill to be so taxed, notwith- standing that the same may have been paid by the Trustees of the Charity at any Period not more than Six Calendar Months previously to such Order ; and any Amount taxed off any such paid Bill shall be a Debt due from the Attorney or Solicitor to the Trus- tees of the Charity, and shall be forthwith paid by him to such Trustees accordingly.^ ^ This power, general as it is in terms, would doubtless be con- trolled by the Court of Chancery, within the ordinary limits imposea by the Court in the case of Charities. 2 If the solicitor or attorney be a trustee, he will only be allowed costs out of pocket (2 Beavan, 128). 376 Appendix D. Construe- 41. Section Twenty-seven of The Charitable 27%nV& 17 Trusts Act, 1853," shall be construed and operate as Vict. c. 137. if the Words ^^and the Trustees of the Charity shall be legally authorized to purchase and hold such Land " had been omitted therefrom ; and incorporated Trustees of any Charity shall be competent to pur- chase and hold Lands for the Purposes mentioned in the same Section without Licence in Mortmain. Deeds, etc., 42. Any Deed, Will, or Document relating to any chaStfes^ Charity may be enrolled by the Board in Books to be may be en- provided and kept by them for that Purpose at their Office, ant'' Office ; and a Copy of any such Deed, Will, or Docu- Copies to be ment made from such Books, and certified under the VI ence. jj^^^^ ^£ Secretary or One of the Commissioners, shall be received as Evidence of the Contents of the same Deed, Will, or Document. Construe- 43. The Fifty-fifth and Fifty-ninth Sections of the 5? and To^of principal Act shall be construed and operate as if the 16 & 17 Vict. Words ''the Office of the Board" had been inserted therein in the place of the Words the Office in London of the Registrar of County Courts' Judgments." Amendment 44. Sectiou Sixty-ouo of The Charitable Trusts 16 & 17 vict^ 1853" (except so much thereof as enacts that c. 137, and * the Trusteos or Persons acting in the Administration vMonfmade every Charity shall, in books to be kept by them as to the for that Purpose, regularly enter or cause to be turns of ^ entered full and true Account of all Moneys received Tmsteefof^ and paid respectively on account of such Charity) Charities, shall be repealed as to all Accounts ivhich such Trus- tees or Administrators shall not have been bound to render before the jmssing of this Act ; and the Trustees or Administrators of every Charity shall, on or before the Twenty-fifth Day of March One thousand eight hundred and fifty-six, prepare and make out and transmit to the Board an Account of the Endow- ments^ then belonging to the Charity, showing in the See section 66 of Act of 1853, "Endowment." CHARITABLE TRUSTS AMENDMENT ACT, 1855. 377 Case of Eealty not in hand the Manner in which the same is let or occupied, and in the Case of Personalty the existing Investment or Employ- ment thereof, and in what Names such Invest- ments are made ; and such Trustees or Adminis- trators shall also, on or before the Twenty-fifth Day of March next after the Acquisition of any Endowment, not included in the foregoing account, prepare and make out, in like Manner, and transmit to the Board a similar Account of such last-mentioned Endowment, and in case of any Alienation, or Charge, or Transfer of any Real or Personal Estate of the Charity, shall, on or before the Twenty-fifth day of March then next following, transmit to the Board an Account of such Alienation, Charge, or Transfer; and such Trustees or Administrators shall also, on or before the Twenty- fifth Day of March in every Year, or such other Day as may be fixed for that jmrjyose by the Boarcl,^ or as may have been already fixed for rendering the Accounts thereof required by the jjrincipal Act, prepare and make out the following Accounts in relation thereto ; (that is to say,) (1.) An Account of the gross Income arising from the Endowment, or which ought to have arisen therefrom during the Year ending on the Thirty - first Day of December then last, or on such other Day as may have been appointed for this Purpose by the Board : (2.) An Accomit of all Balances in hand at the Commencement of the Year, and of all Moneys received during the same Year on account of the Charity : (3.) An Account for the same Period of all Pay- ments : ' (2wcB?'e, does this language enable the Board to vary the day in particular cases, or only generally in all cases from time to time? 378 Appendix D. (4.) An Account of all Moneys owing to or from the Charity, so far as conveniently may be : Which Accounts shall be certified under the Hand of One or more of the Trustees or Administrators, and shall be audited by the Auditor of the Charity, if any ; and the said Trustees or Administrators shall, within Fourteen Days after the Day appointed for making out such Accounts, deliver or transmit a Copy thereof to the Commissioners at their Office iii London^ and in the Case of Parochial Charities shall deliver another Copy thereof to the Churchwarden or Churchwardens of the Parish or Parishes with which the Objects of such Charities are identified, who shall present the same at the next General Meeting of the Yestry of such Parishes, and insert a Copy thereof in the Minutes of the Vestry Book ; and every such Copy shall be open to the Inspection of all Persons at all seasonable Hours, subject to such Eegulations as to the said Board may seem fit ; and any Person may require a Copy of every such Account, or of any Part thereof, on paying there-* for after the rate of Twopence for every Seventy- two Words or Figures. Board may 45. The Board may from Time to Time make such astoDe^^^^ Orders as they may think fit in relation to the Delivery Pubiication Transmission of the said Accounts, and the Forms of Accounts of such Accounts, and such Orders shall be executed by etc all Trustees and Persons from whom the Accounts to which they may relate are required. Application 46. The Sixty-fourth Section of the principal Act of i^andV ^^^^^ ^PPly well to Members of any Charity within Vict. c. 137. the Operation of that Act as to Members of any Charity exempted from the Operation thereof. Acts not to 47. Neither this Act nor the principal Act shall, Roman"^ ^^^il First Day of 8ej)temher One thousand eight Charities '^^^^^^^^^ fifty- six, extend or be in any Manner untiUst applied to Charities or Institutions the Funds or Income Sept., 1856. Qf which are applicable exclusively for the Benefit of CHARITABLE TRUSTS AMENDMENT ACT, 1855. 379 Persons of the Roman Catholic Persuasion/ and which are under the Superintendence and Control of Persons of that Persuasion; nor shall anything in this Act extend to any of the Cases which by the Sixty- second Section of the principal Act are excepted from the Operation thereof. 48. In the Construction of the principal Act and As to the this Act the Word Charity " shall include every In- ^'^oharity." stitution in England or Wales^ endowed for charitable Purposes, but shall not include any Charity or Insti- tution expressly exempted^ from the Operation of the Act of 1853, and Words applying to any Person or Individual shall apply also to a Corporation, whether sole or aggregate. 49. Nothing in this Act or in the principal Act con- Acts not to tained shall extend to the Colleges of Eton and Win- ^^^^^^^ Chester, or either of them. "Winchester. 50. This Act may be cited as The Charitable short Title., Trusts Amendment Act, 1855." * See "Roman Catholic Charities Act," 1860. 2 " Endowed." See section 66 of Act of 1853, ^ See section ^loi the Act of 1853. 380 Appendix D. 23 & 24 Vict. c. 136. An Act to Amend the Law relating to the Adminis- tration of Endowed Charities. [28th August, I860.] Wheeeas it is expedient to provide increased and in- expensive Facilities for the Administration of Endov^ed Charities : 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, as follows :. TheChari- 1. ^'The Charitable Trusts Act, 1853," and ^' The A^^tobe*^ Charitable Trusts Amendment Act, 1855," and this wSh thif '^^^ shall be construed together as one Act, and any Act. Provisions of the said former Acts inconsistent with this Act are hereby repealed. Certain ad- 2. The Board of Charity Commissioners for England powSra to be ^^^1 Wales (subject to the Restrictions and Bights of if^the^^^^ Appeal hereinafter provided) shall have Power from Charity Time to Time, upon the Application of any Person or do^^'* Persons who, under the Forty-third Section of ''The Charitable Trusts Act, 1853," might be authorized to apply to any Judge or Court for the like Purposes, to make such effectual Orders as may now be made by any Judge of the Court of Chancery sitting at Cham- bers or by any County Court or District Court of Bankruptcy, (a) for the Appointment or Removal of Trustees of any Charity, or (b) for the Removal of any School Master or Mistress or other Officer thereof, or CHARITABLE TRUSTS ACT, 1860. 381 (c) for or relating to the Assurance, Transfer, Payment, or Vesting of any Real or Personal Estate belonging thereto, or entitling the Official Trustees of Charitable Funds, or any other Trustees, to call for a Transfer of and to transfer any Stock belonging to such Estate, or (t/) for the Establishment of any Scheme for the Administration of any such Charity."^ 3. The said Board, previously to making any Order Board to under the Jurisdiction vested in them by this Act, Tmstees^of shall notify to the Trustees or Administrators (if any) Charity their of the Charity to be affected thereby their Intention l^erdsing''^ of exercising such Jurisdiction, by Notice in Writing, jurisdiction, to be delivered to them, or sent to them by the Post, at their last known Place of Abode in Great Britain or Ireland. 4. The said Board shall not make any Order, under The powers the Jurisdiction vested in them by this Act, with cisabie over respect to any Charity of which the gross Annual ^^Jjfjj^*^^^ Income, exclusively of the Yearly Yalue of any Build- gross in- ings or Lands used wholly for the Purposes thereof, ^x^^^^^gQ^ and not yielding any Pecuniary Income, shall amount without ap- to Fifty Pounds or upwards, except upon the Application ^v^^ee^ of the Trustees, or Persons acting in the Administra- tion of the Charity, or a Majority of them, to be made to the said Board in Writing under their Hands if they shall not be incorporated, or under their Common Seal if they shall be incorporated, and the Board shall not make any Order removing any Trustee on the. Ground only of his religious Belief. 5. The said Board also shall not exercise the Juris- The Board diction hereby vested in them in any Case which, by exercise^ reason of its contentious Character or of any special J^^'i^^iction Questions of Law or of Fact which it may involve, or tentious for other reasons, they may consider more fit to be adjudicated on by any of the Judicial Courts. And see section 54 of Act of 1853. 382 Appendix D. be^^i^^enof ^' Order appointing or removing a Trustee, or certain establishing a Scheme for the Administration of any obtectioS"^ Charity, shall be made by the said Board before the or sugges- Expiration of One Calendar Month after Public Notice rSeived.^^ of the Proposal to make such Order shall have been given, as they may consider most expedient and effec- tual for ensuring the Publicity thereof, in each Parish or District in which the Charity, if of a local Charac- ter, shall be applicable, or among all Persons interested therein ; and no Order removing af Trustee or School Master or Mistress or other Officer of a Charity who shall have any known Place of Residence in Great Britain or Ireland, and who shall not be consenting to be discharged, shall be made before the Expiration of One Calendar Month after Notice of the Proposal to make such Order shall have also been delivered to him or her, or sent by the Post to such his or her Place of Eesidence, and until after sufficient Hearing of the Matter before the said Board, or some Member thereof, or one of their Inspectors ; and every Notice hereby required shall contain (so far as conveniently may be) sufficient Particulars of the Objects of the proposed Order, and shall prescribe a reasonable Time within which any Objections thereto or Suggestions thereon may be made or transmitted to the Board ; and the said Board shall receive and consider all such Objections and Suggestions, and may withhold, sus- pend, or modify their proposed Order, as they shall thereupon, or in the result of further Inquiry, or otherwise, think expedient. Publication 7. A Copy of every such Order when made shall, ordei!"'^'^^ in the Case of any local Charity, be deposited for the Space of One Calendar Month in some convenient Place within the Parish or one of the Parishes or in the District in which the Charity shall be applicable, and shall be open to public inspection there at all rea- sonable Hours during the same period ; and a Copy CHARITABLE TRUSTS ACT, 1860. 383 also of every such Order relating to any Charity, whether local or general, shall be kept open to public Inspection at all reasonable Hours, at the Office of the Commissioners, during a like Period of One Calendar Month ; and in each case effectual Publicity shall be given to the making of the Order by such Means as the Board shall consider most expedient for that Purpose. 8. The Attorney- General, or any Person authorized Power to by him or by the said Board, in the Case of any Cha- ajdnst rity, v^hatever may be the Yearly Income of its En- g^^^^^*^^ dowments, and any Trustee or Person acting in the Administration of or interested in any Charity of which the gross Yearly Income to be calculated in Manner aforesaid shall exceed Fifty Pounds, or any two Inhabitants of any Parish or District in which the same shall be specially applicable, may within Three Calendar Months next after the definite Pub- lication of any Order of the said Board appointing or removing a Trustee or Trustees, or for or relating to the Assurance, Transfer, Payment, or Vesting of any Eeal or Personal Estate, or establishing a Scheme for the Administration of the Charity, present a Petition to the High Court of Chancery in a summary way, appealing against such Order, and praying such Relief as the Case may require ; and any Schoolmaster or Schoolmistress or other Officer removed by the Order of the Board, without the concurrence of the Trustees or Persons acting in the Administration of the Charity, or a majority of them, and without the Approval of a Special Visitor, if any, of the Charity, may, within Two Calendar Months (next after his or her Removal), appeal in like Manner against the Order of Removal ; and the Court, upon or before the Hearing of any such Petition of Appeal as aforesaid, or at any Stage of the Proceedings, may require, if it shall think fit, from the said Board, their reasons for making the Order 384 Appendix D. appealed against, or for any Part of such Order, and may remit the same to the Board for reconsideration, with or without any Declaration in relation thereto, or may make any substitutive or other Order in rela- tion to the Matter of the Appeal, as it shall think just ; and the Court may make any Order respecting the Costs, Charges, or Expenses incident to the Appeal, and may also, before hearing or proceeding with the same, require from any Appellant, other than the Attorney- General, proper Security for such Costs, Charges, and Expenses as may be eventually payable by him; but no such Petition of Appeal shall be presented by any Person, other than the Attorney- General, before the Expiration of Twenty-one Days after written Notice, under the Hand of such Appel- lant, of his or her Intention to present such Petition, shall have been delivered to the said Board at their Office. Who may be 9. The Attorney- General, if he shall think fit, or enton^^^^^ any Person authorized by him or by the said Board, Appeals. may appear as the Respondent upon any such Appeal, and the Court may make any Order respecting the Costs, Charges, and Expenses of the Attorney- General or other Defendant. Powers to be 10. The Jurisdiction vested by this Act in the said to chTrities Board shall be exercisable with reference to Charities Cor*pora^ vcstcd in any Corporation sole or aggregate, who, tions, etc. either solely or jointly with' any other Person or Per- sons, shall also be the Recipients of the Benefit thereof. Jurisdiction 11. The Jurisdiction vested by the Charitable Trusts tri(!fcourt3 ^ct, 1853, in the District Courts of Bankruptcy and of Bank- Couuty Courts, over Charities not possessing a larger County^^ gross Yearly Income than Thirty Pounds, shall be lir^ed exercisable l3y the said Courts respectively for the like Purposes and under the like Provisions over Charities of which the gross Yearly Income for the Time being, CHARITABLE TRUSTS ACT, 1860. 385 to be calculated in Manner aforesaid, shall not exceed Fifty Pounds, in the same Manner as if the last-men- tioned Limit to the Jurisdiction of the said Courts had been fixed by the said former Act. 12. Any Court or Judge, or the said Board, having official Jurisdiction to authorize the official Trustees of Cha- charitair/ ritable Funds to call for a Transfer of and to transfer Funds may any Annuities, Stock, or Scurities, may empower them powered to also to receive and recover, in Trust for the Charity ^^rr^m of to which the same shall belong, all Dividends, Interest, Dividends, and Income accrued from any such Annuities, Stock, or Securities respectively, and which shall for the Time being be in arrear. 18. Where any School Master or Mistress or o^A^r Power to Officer, or any Recijnent of the Benefit of a Charity, Jo^^v?^*^^ being in possession by virtue of his or her Office, or as Possession such Kecipient, of any House, Buildings, Land, or Buildings Property of the Charity, shall have been removed ^^J^^^^^^^^ from or shall cease to hold such his or her Office, or ovS^by offi- his or her Place, as such Recipient, but he or she, or p^g^^s'^,^^^^' any person claiming under him or her, shall refuse or chanties, neglect to relinquish the Possession of such House, Buildings, Land, or Property within One Calendar Month next thereafter, to his or her Successor, or to the Trustees or Persons acting in the Administration of the Charity, or as they shall direct, it shall be lawful for any Two or more Justices of the Peace acting for the District, Division, or Place in which such House, Buildings, Land, or Property shall be situate, in Petty Sessions assembled, and they are hereby required, on the Complaint of the said Trustees or Administrators, and on the Production of an Order of the said Board certifying such School Master or Mistress or other Officer or Recipient to have been duly removed from or to have ceased to hold his or her Office or Place (which Order under the Seal of the said Commissioner shall be conclusive Evidence of 25 386 Appendix D. the Facts thereby certified, and of the Jurisdiction of the said Commissioners to make such Order for all the Purposes of this Enactment, and shall afford a com- plete Indemnity to all Persons thereunder), to issue a Warrant under the Hands and Seals of such Justices to any Constables or Peace Officers of the same District, Division, or Place, commanding them, within a Period to be thereby appointed, not being less than Ten or more than Twenty-one clear Days thereafter, to enter into the Premises, and deliver Possession thereof to the said Trustees or Administrators, or their Nominee or Agent, and to remove therefrom such former School Master or Mistress, or other Officer or Recipient, and all Persons claiming in his or her Right, as fully and effectually, and subject to the same Provisions, as nearly as the Case will permit, as Justices of the Peace are empowered to give Possession of any Properties to the Landlord or his Agent upon the Determination of the Tenancy thereof, under an Act passed in the First and Second Years of the Reign of Her Majesty, Chapter Seventy-four, for facilitating the Recovery of Possession of Tenements after the Determination of the Tenancy. Masters and 14. ^Evevy School Master or Mistress appointed after of Endowed ^^'^ Date of tJiis Act shall be removable from his or her Schools to Office, a fte7' reasonable Notice by the Trustees or Persons D6 rcmov- ' «/ •/ ^ able. acting in the Administration of the Charity, as they shall think expedient in the Interests thereof, so never- theless that the Removal by virtue only of this Provi- sion of a. Master or Mistress who would be otherwise irremovable from his or her Office shall be determined on by all or a Majority of such Trustees or Adminis- trators assembled at a Meeting convened by due Notice, delivered or sent by the Post to all such Trustees or Administrators who shall have any known Place of 1 See section 22 of the Act of 1853. CHARITABLE TRUSTS ACT, 1860. B87 Eesidence in Great Britain or Ireland, by the Space of not less than Twenty-eight Days previously, for the special Purpose of considering and determining on the Question of such Removal, and of which intended Meeting a Notice shall also be delivered or sent in like Manner to the Master or Mistress by the same previous Space, and so also that the Resolution of the Meeting for the Removal of any such last-mentioned Master or Mistress shall be forthwith certified under the Hands ol the Trustees or Persons acting as aforesaid who shall have concurred therein, or under the Hand of the Chairman of the Meeting, and shall within Seven Days next thereafter be transmitted to the said Board for their Approval, and the same shall not take Effect unless or until the same shall have been approved by the said Board, who may also, if they so think fit, fix the Time or any reasonable Conditions at or under which the same shall come into Operation ; if also there shall be any special Visitor of the Charity who shall be resident in Great Britain or Ireland, and free from Incapacity, no Removal of any such last-mentioned Master or Mistress shall be made under the Authority only of the preceding Provision without the written Consent of such Visitor: Provided always, that this Section shall not apply to any Endowed Grammar School. 15. The Power vested in the said Board by the sect. 21 Twenty-first Section of The Charitable Trusts Act, ^^.^^^ '^^^y^' 1853," of authorizing the Application of Moneys be- extended, longing to any Charity, or to be raised on the Security of the Properties thereof, to the Improvement of such Properties, shall extend to authorize the Application of any like Moneys to any other Purpose or Object which the Board shall consider to be beneficial to the Charity or the Estate or Objects thereof, and which shall not be inconsistent with the Trusts or Intentions of the Foundation. 388 Appendix D. Estates. A Majority 16. A Majority of Two-thirds of the Trustees of any to havfiegai Charity assembled at a Meeting of their Body duly con- deaUn ^^th having Power to determine on any Sale, the Charity Exchange, Partition, Mortgage, Lease, or other Dis- position of any Property of the Charity, shall also have a legal Power, on behalf of themselves and their co-Trustees, and also of the Official Trustee of Charity Lands, where his Concurrence would be otherwise required, to do, enter into, and execute all such Acts, Deeds, Contracts, and Assurances as shall be requi- site for carrying any such Sale, Exchange, Partition, Mortgage, Lease, or Disposition into legal Effect, and all such Acts, Deeds, Contracts, or Assurances shall have the same legal Effect as if the same were respec- tively done, entered into, or executed by all the acting Trustees for the Time being, and by the said Official Trustee. 17. No Official Trustee of Charitable Funds, appointed under or in pursuance of the firstly or secondly recited Act, shall be chargeable with or accountable for any Loss or Misapplication of the said Charitable Funds, or the Dividends, Interest, or Income thereof, unless the same shall have been occasioned by or through his own wilful Neglect or Default. 18. The Official Trustees of Charitable Funds shall lay before Parliament annually, on or before the Four- teenth Day of February, or as soon as practicable after Parliament shall be sitting, an Account of the total Amount of the Capital Stock, Shares, and Securities transferred to them in the Year ending the Thirty- first Day of December preceding, and of the total Amount of Moneys, other than Dividends or Interest, paid to them or to their Account during the same Period, and of the Investment thereof, and of the Capital Stock, Shares, and Securities sold or re-trans- ferred by them during the same Period, and of the ,e Amount of the Capital Stock, Shares, Official Trustee not to be ac- countable for Loss un- less occa- sioned by his own neglect. Accounts to be laid be- fore Parlia- ment. CHAEITABLE TRUSTS ACT, 1860. 389 Funds, and Securities, and the Balance of Cash, held by them on such preceding Thirty-first Day of December. 19. The Board may require any Person having the Power to re- Custody or Control of any Deed ^ or Document in ^IJ^^fg^^g which any Charity or Charities shall be solely interested sion of to transmit the same to the Office of the said Com- beTonS^g^to missioners for Examination ; and where such Deed or Charities! Document shall not be held by any Person entitled as a Trustee or otherwise to the Custody thereof, the Board may either retain the same, for the Security thereof, in the Repository provided by them under the Sixty-third Section of ^''The Charitable Trusts Act, 1853," or, as they may think most advantageous to the Charity, may thereupon, or at any Time thereafter, return or issue the same to the Trustees or Persons acting in the Administration of the Charity, for the Purposes thereof. 20. All Orders made by the said Board under the Orders to ba Provisions of this Act shall be enforceable by the same L imder ^ Means, and shall be subject to the same Provisions, as ^'ormer Acts, are applicable under the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855, re- spectively, to any Orders of the said Board made thereunder. 21. The said Board shall from Time to Time make Boajdto such Minutes as shall be required relative to the Insti- Mhiutes. tution and Conduct of their Proceedings under the Jurisdiction created by this Act. 22. There shall be paid to the Secretary for the Salary of the Time being of the said Commissioners, in consideration ^^^^^^^y- of the Increase and Extent of his Official Duties, such a Salary, not exceeding the Annual Sum of Eight hundred Pounds, in lieu of the Salary payable to him under the firstly- cited Act, as shall from Time to Time ^ See section 12 of Act of 1853. 390 Appendix D. be allowed by the Commissioners of Her Majesty's Treasury. to th? Bank ^^^^J Order made under this Act under which of England any Stock, Shares, Securities, or Moneys shall be and others, transferred or paid to or deposited with the Trustees of any Charity, or the Official Trustees of Charitable Funds, shall afford a complete Indemnity to the Governor and Company of the Bank of England, and to all Companies and Persons by whom respectively any such Transfer, Payment, or Deposit shall be per- mitted or made, for permitting or making the same, and the said Governor and Company and other Com- panies and Persons shall be required to give Effect or to conform to such Order, and it shall not be necessary for them to inquire concerning the Property of the same Order, or the Jurisdiction under which the same shall purport to be made. sione?s^%tc ^^^^7 Commissioner, Secretary, and Inspector exempted *' acting Under or employed for the Purposes of the said onTnri™^ Acts shall be exempt from serving on Juries while he shall be so acting or employed. Short Title. 25. This Act may be cited for all Purposes by the Short Title of The Charitable Trusts Act, 1860." ROMAN CATHOLIC CHARITIES ACT. 391 23 & 24 Vict. c. 134. An Act to Amend the Law regarding Roman Catholic Charities. [28th August, I860.] Whereas it is expedient that the Laws concerning Charities relating to or connected with the Roman Catholic Religion in England or Wales should be amended in the Particulars hereinafter provided for : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, as follows : 1. No Existing or Future Gift or Disposition of Charities for Real or Personal Estate upon any lawful Charitable poIe^Lot^to Trust for the exclusive Benefit of Persons professing ^^^^^^^^^'^j^ the Roman Catholic Religion shall be invalidated by additio^of^^ reason only that the same Estate has been or shall Tmsr^but be also subjected to any Trust or Provision deemed to be the Propei-ty superstitious, or otherwise prohibited by the Laws j^rtionedr affecting Persons professing the same Religion, but in and the every such Case it shall be lawful for the High Court pnrd^o^i^w- of Chancery, or any Judge thereof sitting at Chambers, ^^^^ in exercise of the Jurisdiction created by the Charita- ble Trusts Act, 1853, upon the Application of Her Majesty's Attorney- General, or of any Person autho- rized for this Purpose by the Certificate of the Board of Charity Commissioners for England and Wales, or for the said Board upon the Application of the Person or Persons acting in the Administration of such Real or Personal Estate, or of a Majority of such Persons, to 392 Appendix D. apportion the same Estate, or the Annual Income or Benefit thereof, so that a Proportion thereof, to be fixed by such Court or Judge, or by the said Board, as the Case may require, may be exclusively subject to the lawful Charitable Trusts declared by the Donor or Settler, and that the Kesidue thereof may become subject to such lawful Charitable Trusts for the Benefit of Persons professing the Roman Catholic Religion, to take efi'ect in lieu of such superstitious or prohibited Trusts, as the said Court or Judge, or the said Board, may consider under the Circumstances to be most just; and also that it shall be lawful for the Court or Judge, or Board, making any such Apportionment by the same, or any other Order or Orders to establish any Scheme for giving Effect thereto, and to appoint Trustees for the Administration of the several Portions of such Real and Personal Estate, according to the Trusts established of the same Proportions respec- tively, and to vest the Estate to be so proportioned in the Trustees so to be appointed. No proceed- 2. No Proceedings at Law or in Equity shall be instituted as ^^^^S^^ instituted ou accouut or in respect of any to dealings Dealings, Transactions, Matters, or Things with or CathoHc^^^ concerning any Real or Personal Estate subject to any Charities Use, Trust, Gift, Foundation, or Disposition for any T&Vw. 4 Charity relating to or connected with the Roman c. 115. Catholic Religion which took place prior to the passing of the Act of the Second and Third Years of the Reign of King William the Fourth, Chapter One hundred and fifteen -} Provided that nothing herein contained shall extend to sanction or exempt from such Pro- ceedings as aforesaid the Fraudulent Misapplication or Conversion of any such Real or Personal Estate to any Private Use or Purpose not being Charitable. ^ "An Act for the better securing the Charitable Donations and Bequests of His Majest3^'s Subjects in Great Britain professing the Roman Catholic Religon." ROMAN CATHOLIC CHARITIES ACT, 1860. 893 8. No Deed or other Assurance for any Charity ^^^^^^^j, relating to or connected with the Eoman Cathohc Roman Religion made subsequently to the passing of the Act Q^^^^^^yg passed in the Ninth Year of the Reign of King George not to be the Second, intituled An Act to Restrain the JoUecfwithin Disposition of Lands whereby the same become In- Twelve alienable," and before the passing of this Act, shall be from passing void or voidable by reason of the same not having o^Act. been made, perfected, or enrolled in the Manner 9 Geo. 2, directed by the first-named Act, or otherwise, under ^' the Provisions of the said Act, if such Deed or As- surance has been or shall be, within Twelve Months after the passing of this Act, enrolled in the High Court of Chancery : Provided that every Deed or Assurance for any such Charity as aforesaid coming within the Provisions of the Act passed in the Ninth Year of the Reign of King George the Fourth, intituled An Act for Remedying a Defect in the 9 Geo. 4, Titles of Lands purchased for Charitable Purposes," shall have the Benefit thereof, notwithstanding any- thing herein contained. 4. The Expense of the Enrolment of any Deed Expense of under the Third Section of this Act shall be defrayed how^S be*' out of the Property subject to the Charity to which defrayed, the same may relate. 5. Where any real or Personal Estate subject to The Trusts any Use, Trust, Gift, Foundation, or Disposition for g th"^^"^*'"' any Charity relating to or connected with the Roman absence of Catholic Relief ion, shall have been applied upon any ^lay be Charitable Trusts relating to or connected with the ^^^^^^^^^^ same Religion during any continuous Period of Twenty usage. Years, but the Original Trusts of such Property shall not be ascertained by means of any written Document, the consistent Usage of the last preceding Twenty Years, or of the last Period of Twenty Years during which any consistent Usage in the Application of such Property shall have prevailed, shall be deemed 394 Appendix D. The Act not to prejudice past or pending proceedings or adverse possession. Nothing in this Act to repeal pro- visions of 10 Geo. 4, c. r. Interpreta- tion of " Charity." Short title. Extent of Act. to afford conclusive Evidence of the Trusts on whicli the same Property shall have been settled. 6. Nothing in this Act contained shall extend to give Effect to any Use, Trust, Gift, Foundation, or Disposition heretofore made which has been already avoided in any Proceeding at Law or in Equity, or to prejudice any Suit at Law or in Equity commenced before the passing of this Act, or to affect any Pro- perty held or enjoyed beneficially by any Person or Persons at the Time of the Passing of this Act ad- versely to any such Use, Trust, Gift, Foundation, or Disposition. 7. Nothing in this Act contained shall be taken to repeal or in any Way alter any Provisions of an Act passed in the Tenth Year of His late Majesty King George the Fourth^ intituled " An Act for the Eelief of His Majesty's Eoman 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. 8. In the Construction of this Act, except where the Context or other Provisions of this Act shall require a different Construction, the Expression Charity" herein contained shall be construed to mean and include the same Matters and Things as the like Expression means and includes in the Charitable Trusts Act, 1853." 9. This Act may for all Purposes be cited as The Roman Catholic Charities Act." 10. This Act shall be confined in its Operations to England and W ales. ENDOWED SCHOOLS ACT. 395 23 Vict. c. 2. All Act to Amend the Law Relating to Endoiued Schools, [31st March, I860.] Whereas it is expedient that some Eestrictions upon the Government and Teaching of certain Endowed Schools should be removed or modified : 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, as follows : 1. It shall be lawful for the Trustees or Governors power to of every Endowed School from Time to Time to make, ^^^^^^^^ and they shall be bound to make, such Orders as Schools whilst they shall not interfere with the Eeligious o^,^^ior Teaching of the other Scholars as now fixed by Statute the Admis- or other Legal Requirement, and shall not authorize chMi*en of any Religious Teaching other than that previously ^^^g^JJ^^^ afforded in the School, shall nevertheless provide for stated, admitting to the Benefits of the Schools the Children of Parents not in Communion with the Church, Sect, or Denomination according to the Doctrines or Formu- laries of v^hich Religious Instruction is to be afforded under the Endowment of the said School : Provided that in the Will or Wills, Deed or Deeds, or other Instrument or Instruments regulating such Endow- ment, nothing be contained expressly requiring the Children educated under such Endowment to learn or to be instructed according to the Doctrines or Formu- laries of such Church, Sect, or Denomination. 396 Appendix D. Act not to 2. This Act shall not apply to any of the Institu- tokJ'institu- "tic^ns mentioned in Section Twenty-four^ of the Act tions, or to the Third and Fourth of Victoria, Chapter Seventy - Ireland. seven, intutlcd An Act for Improving the Condition and Extending the Benefits of Grammar Schools," nor to any School established or to be established by or in union with or to be in union with the National Society for Promoting the Education of the Poor in the Prin- ciples of the Established Church, nor to any Insti- tution maintained wholly by Voluntary Subscriptions, or partly by Voluntary Subscriptions and partly by School Payments, nor to Scotland or Ireland, Short title. 3. This Act may be cited as The Endowed Schools Act, 1860." 1 3 & 4 Yict. c. 77, sect. 24, not to extend to Universities of Oxford or Cambridge, or any college or hall within the same, the University of London or any colleges connected therewith, the University of Durham, the Colleges of St. David's or St. Bees', the Grammar Schools of Westminster, Eton, Winchester, Harrow, Charterhouse, Rugby, Merchant Taylors', St. Paul's, Christ's Hospital, Birming- ham, Manchester, Macclesfield, or Louth, or such schools as form part of any cathedral or collegiate church. MINUTES OF THE BOARD OF CHARITY COMMISSIONERS FOR ENGLAND AND WALES. Minutes made by the Board of Charity Com- missioners FOR England and Wales, on the 20th day of November, 1860, relative to the Institution and Conduct of their Proceedings under the Ju- risdiction created by the Charitable Trusts Act, 1860. 1. Every Application to the Board for an Order under the above-mentioned Jurisdiction shall be made in Writing, signed by the Applicants, or by their authorized Solicitor or Agent ^ (in that declared cha- racter) ; and every such Application not made by Her Majesty's Attorney- General shall show that the Appli- cants are competent to apply to the Board under the Act as Trustees or Persons administering or claiming to administer the Charity the Subject of the Application ; 1 Since the above Minutes were issued the Board have decided that all applications to them under the jurisdiction created by the " Charitable Trusts Act, 1860," in respect of Charities whose annual income exceeds 50/., shall be signed by the trustees themselves, and not by a solicitor or agent on their behalf. 398 Appendix D. Or Persons interested in the Benefits of the Charity ; Or Two or more Inhabitants of some Parish or Place within which the Charity shall be adminis- tered or applicable. 2. Every Application shall be intituled, in the Matter of the Charity to which it shall relate, by its usual Name or Designation, and shall state as far as conveniently may be — The Parish or Locality for which (if of a local Cha- racter) it is founded, or within which it is admi- nistered or applicable ; The Endowments of the Charity ; The Objects of its Foundation ; The Amount of its annual or ordinary Income ; The actual Application of such Income ; The Names and personal Descriptions and Eesi- dences of the Trustees or actual Administrators of the Charity ; And all other Circumstances material to the specific Purposes of the Application. 3. If the Application shall not be made by all the Trustees or actual Administrators of the Charity, it shall state whether those who are not Parties to it are assenting to or dissenting from its Objects. 4. Every Application for the Appointment of Trustees, or for the Establishment of a Scheme for the Administration of any Charity, shall be made in general Terms for those Objects, but may be accompanied by any Proposal or Recommendation as to the particular Trustees or Scheme to be re- spectively appointed or established. 5. The Form No. 1 in the subjoined Schedule^ shall be followed as nearly as conveniently may be for ' The forms referred to may be purchased of Messrs. Shaw and Sons, Fetter -lane, London. CHAKITABLE TRUSTS. 399 the Purposes of all Applications to the Board under the said Jurisdiction. 6. The Board may require any Application to be explained, amended, or altered in such Manner and so often as they may think fit, and all or any of the Statements on which it shall be founded, or any other Circumstances material to its Purposes, to be esta- blished by the Applicants by sufiicient Evidences. 7. Notice in Writing of every Application to the Board, stating its Objects, shall be given by the Appli- cants to all Trustees or Administrators of the Charity not Parties to the Application, and when and as directed by the Board, to Her Majesty's Attorney- General, and to all Persons to whom in respect of any personal Eights or Interests liable to be affected by the Order to be thereupon made, or for any other Reason the Board shall think it fit that such Notice shall be given. Such Notice may be in the Form No. 2 in the Schedule. Similar Notice shall also be published by the Ap- plicants for the general Information of all Persons interested in the Matter in all Cases in which the Board shall consider it desirable, and shall direct that such Publication shall be made. Such last-mentioned Notice may be given in the Form No. 3 in the Schedule. The Board will not proceed in the Matter of the Application until they shall have been satisfied that every such Notice directed by them to be given shall have been given accordingly. 8. The public Notice required by the Sixth Section of the Act of every Order proposed to be made by the Board appointing or removing a Trustee or establishing a Scheme (if relating to any parochial Charity) shall (unless otherwise directed by the Board in any special Case) be given in Writing, to be affixed for Fifteen 400 Appendix D. Days at least to or near some principal Door of the Church of the Parish or District, or of each Parish or District (if more than one), in which the Charity shall be administered or applicable, and shall state that any Objections to or Suggestions on the proposed Order may be made or transmitted to the Board in Writing within Twenty-one Days from the Date of such Notice. Such Notice may be in the Form No. 4 in the Schedule. 9. All Objections to any Order proposed to be made by the Board, and all Suggestions thereon, shall be made and transmitted to the Commissioners in the first instance, in writing, but the Board, so far as the Justice of any special Cases shall in their judgment require, as well as in the Cases provided for by the Act, will at the Bequest of the Parties, or at their own Discretion, require such Objections or Suggestions, or the Matter of the Application, to be heard, in such manner as they shall direct, before themselves or one or more of the Members of their Board, or any In- spector to be deputed by them for the Purpose. 10. The Board shall be at Liberty to proceed in the Matter of any Application, and to make any Order thereon, notwithstanding that these Minutes shall not have been fully complied with by the Applicants or others, in any Cases in which they shall be satisfied that such incomplete compliance is immaterial to the Justice of the Case. 11. These Minutes, or any of them, may be revoked, amended, or added to by the Board so often and in such Manner as they may think fit. THE LAW OF SIMONY. 401 Appendix E. The Law of Simony is thus admirably summed up by Mr. Cripps, in his very able ivork on the " Laws of the Clergy,'" fourth edition: — It is not simony for a layman, or for a spiritual per- son not purchasing for himself, to purchase, while the church is full, either an advowson or next pre- sentation, however immediate may be the prospect of a vacancy, unless that vacancy is to be occasioned by some agreement or arrangement between the parties. Nor is it simony for a spiritual person to purchase for himself an advoivson, although under similar circumstances. If either a layman or a spiritual person purchase an advowson while the church is vacant, a presenta- tion by the purchaser upon any future avoidance after the church has been filled for that time is not simony. ''It is simony for any person to purchase the next presentation while the church is vacant. It is simony for a spiritual person to purchase for himself the next presentation, although the church '' be full. **It is simony for any person to purchase a next presentation, — or if the purchase be of an advow- son, the next presentation by a purchaser would be simoniacal, — if there is any agreement or arrange- ment between the parties at the time of the purchase for causing a vacancy to be made. *'If any person purchase an advowson while the church is vacant, a presentation by the purchaser for " that vacancy is simony." 26 402 Appendix F. — ^Assignments of Patronage of Par- c. 38, and other Statutes amending Aldborough, St. Mary Bury, St. John . Deptford, St. John. Norwood, Tri- nity, out of several parishes and districts. Sefton . Sidmouth To whom assigned. A. L., Esq. Bishop, on no- mination of subscribers. Archdeacon Sin- clair, for first appointment, then J. J. S. S. L., Esq. J. C. Esq., on nomination of subscribers. Trustees, on no- mination of subscribers. Same . PATRONAGE. Consideration. Church cost 500?. ; repair fund, im. 135. 4c?.Consols; en- dowment, 997/. 105. Consols. Church cost 3,353^. ; repair fund, 166/. 185.; endowment, rentcharge of 20/. Church cost 8,000?. ; repair fund, 223/. 155. 6d. Consols ; endowment, 1,000/. and house. Church cost 6,000/. ; repair fund, 336/. 2s. 8d. Consols ; endowment, a house. Church cost 2,500/. ; repair fund, 2771. 7s. lOd. Consols ; endowment, 1,106/. 9s. lOd. Consols. Church cost 2,350/. ; repair fund, 143/. 165. 11^^. Consols; endowment, 553/. 5s. Con- Nov., 1844. Sept., 1841. June, 1855. Jan., 1856 June, 1841 . AprH, 1840. 403 ticular Districts formed under the 1st & 2d Will. IV. it, mentioned Chap. V. Division 2. ACCOMMODATION. In Pews. In Free Seats. Fees. Offices. 150 All — viz. : Mar- riages, church - ings, baptisms, and burials. All. 425 425 AU . . . AU. 682 438 All except bu- rials. All, after next avoidance. 800 200 All except bu- rials. A 11, after next avoidance of the several churches as they occur re- spectively. 497 250 Baptisms and churchings. None. fiOO None . None. 404 Assignments and Transfeks of Patronage of Parishes Acts." See District or New ENDOWMENT, Parish. Population. Nature. Amount. Baldee 2,700 Money 150/. a-year. Banbury, South . 2,669 Money 150/. „ Tithe rent- charge 20/. Land . 20/. y, Brompton . 4,048 Money 150/. „ Cheltenham 3,000 Money 150/. Hatcham 3,000 Money 150/. „ Wednesbury 2,700 Money 184/. „ 405 Districts and New Parishes under the Chap. V. Division 2. ' New In whom vested. G. H., Earl of, for first nomination, now Viscount F., in per- petuity. Crown and Bishop al- ternately, now Bishop on nomination of Rev. W. W. (Vicar.) Rev. W. C. and Miss C, for first two nomina- tions, now same persons in perpe- tuity. Five Trustees, nomi- nated by Committee of ''Church Exten- sion Fund." Alex. R., first nomina- tion, then Crown and Bishop, now Rev. A. K. B. G. Crown and Bishop, now N. B., Esq. Consideration for Assignment. 1,666/. 13s. 4:d. stock transferred to the Commissioners. Church and repair fund of 150/. paid to Commissioners. Tithe rent-charge 201. a -year. Land of annual value of 20/. belonging to the vicarage. 3,333/. 6s. Sd. stock towards endowment. Church 1,666/. 13s. towards endowment, 2,000/. towards church, 240/. towards repair fund. 1,500/. towards endow- ment, 500/. towards church. Parsonage house . 1,000/. towards endow- ment. Date. December, 1846. June, 1843. December, 1845. May, 1852. April, 1847 August, 1845. June, 1845. August, 1857. May, 1844. May, 1855. 406 Appendix G. ORDINATION FORMS AND PAPERS. (Referred to ante. Chap. III.) 1 . Form of Testimonial required for Deacons or Priests' Orders : — To the Reverend , Lord Bishop of We, whose names are hereunder written, testify and make known, that C. D. clerk, A.M. (or other degree to be licensed to the curacy of , in the county of , in your Lordship's Diocese of , hath been personally known to us for the space of three years last past ; that we have had oppor- tunities of observing his conduct; that, during the whole of that time, we verily believe that he lived piously, soberly, and honestly, nor have we at any time heard any thing to the contrary thereof ; nor hath he at any time, as far as we know or believe, held, written, or taught, any thing contrary to the doctrine or discipline of the United Church of England and Ireland ; and, moreover, we believe him in our con- sciences to be, as to his moral conduct, a person wor- thy to be licensed to the said cure. In witness whereof we have hereunto set our hands this day of , in the year of our Lord E. F. Bector of I. K. Rector of G. H. Vicar of OEDINATION FOEMS AND PAPERS. 407 If any of the subscribers are not beneficed in the Diocese of the Bishop to whom the testimonial is addressed, the counter- signature of the Bishop of the Diocese wherein their benefices are respectively situate is required. If the clerk nominated has not been ordained three years, the testimonial need only be for the period elapsed since his ordination. 2. Si quis : — Notice is hereby given, that M. N. [of College, B.A.] , now resident in this parish [or chapelry] , intends to ofi'er himself as a Candidate for the holy ofiice of a Deacon at the ensuing Ordination of the Lord Bishop of , and if any person knows any cause or just impediment why the said M. N. ought not to be admitted into Holy Orders, he is now to declare the same, or to signify the same forthwith to the Lord Bishop of We certify that, on Sunday, the day of instant, the foregoing Notice was publicly and audibly read by the undersigned C. D. in the Church [or Chapel] of , in the time of divine service, and that no impediment was alleged. Witness our hands this day of , 18 . CD. Officiating Minister, E. F. Churcliimrden, 3. Forms of Nominations to Curacies : — Form No. I. is. Where the Incumbent is Non- resident. Form No. II. is, Where the Incumbent is Eesident. 408 Appendix G. I. Form of Nomination of a Curate, if the Incum- bent is NON-EESIDENT. To the Reverend , Lord Bishop of I, A. B., of , in the county of , and your Lordship's Diocese of , do hereby nominate CD., Bachelor of Arts (or other degree ), to perform the office of curate in my church of aforesaid, in the place of E. F., late licensed curate thereof ( this to be omitted if not in the place of another curate ), and do promise to allow him the yearly stipend of , to be paid by equal quarterly payments \_as to amount of stipend, see Act 1 d 2 Vict, c, 106, sects. 84, 85, 86, dc] , with the surplus fees, amounting to per annum (if they are intended to he alloived J, and the use of the glebe- house, garden, and offices which he is to occupy (if that he the fact; if not, state the reason, and name where and at what distance from the church the curate purposes to reside ) : and I do hereby state to your Lordship that the said CD. does not serve any other parish as incumbent or curate ; and that he has not any cathedral preferment nor any benefice, and does not officiate in any other church or chapel (if,- how- ever, the curate does serve another _/jarzs7i as incumhent, or as curate, or has any cathedral preferment, or benefice, or officiates in any other chuixh or chapel, the same resjyectively must be correctly and p)articidarly stated ) : that the net annual value of my said benefice, esti- mated according to the said Act, sects. 8 and 10, is , and the population thereof, according to the latest Returns of Population made under the authority of Parliament, is : that there is only one church belonging to my said benefice (if there he another church or chapel, state the fact); and that I ORDINATION FORMS AND PAPERS. 409 was admitted to the said benefice on the day of 18 . ^ Witness my hand this day of , in the year of our Lord 18 . [Signature and Address of] A. B. Declaration," required to be added by 28 & 29 Vict. c. 122. I, A. B., Incumbent of , in the county of , bond fide undertake to pay to C. D., of , in the county of , the annual sum of pounds as a stipend for his services as curate, and I, C. D., hond fide intend to receive the whole of the said stipend. And each of us the said A. B. and C. D. declare that no abatement is to be made out of the said stipend in respect of rent or consideration for the use of the glebe-house ; and that I, A. B., undertake to pay the same, and I, C. D., intend to receive the same, without any deduction or abatement whatsoever. Witness our hands this day of , 18 . [Signatures of] p 'n* n. Form of Nomination of a Curate, if the Incum- bent Is RESIDENT :— To the Beverend , Lord Bishop of I, A. B., of , in the county of , and your Lordship's Diocese of , do hereby nominate C. D., Bachelor of Arts (or other degree), to perform the office of assistant curate in my church of aforesaid, in the place of E. F., late licensed curate thereof (this to he omitted if not in the j^lcice of another curate J ; and do promise to allow him the yearly stipend of , paid by equal 410 Appendix G. quarterly payments ; ^ and I do hereby state to your Lordship that the said C. D, intends to reside in the said parish (if C, D, does not intend to reside in the parish, then state at ivhat place he intends to reside, and its distance from the said church ) ; and that the said C. D. does not serve any other parish as incumbent or curate ; and that he has not any cathedral prefer- ment or benefice, and does not officiate in any other church, or chapel, (if, however, the curate does serve another parish as incumbent or as curate, or has any cathedral j^refeiment or a benefice, or officiates in any other church or chapel, the same respectively must be correctly and particularly stated J, Witness my hand this day of , in the year of our Lord 18 . [Signature and Address of] A. B. 4. Stipendiary Curates' Declaration required to be added to the above by the Clerical Subscription Act, 1865 (28 & 29 Yict. c. 122) :— I, A. B., Incumbent of , in the County of , bond fide undertake to pay C. D,, of , in the County of , the annual Sum of Pounds as a Stipend "for his Services as Curate, and I, C. D., bo7id fide intend to receive the whole of the said Stipend. And each of us the said A. B. and CD. declare that no Abatement is to be made out of the said " Stipend in respect of Rent or Consideration for the " Use of the Glebe House ; and that I, A. B., under- 1 When the stipend is paid either in whole or in part by one of the Religious Societies, it should be added thus, ^' So long as the Society shall provide me with the same for that pur- pose;" or, "£ thereof agreed to be provided by the Society, and £ thereof by myself." ORDINATION FORMS AND PAPERS. 411 '* take to pay the same, and I, C. D., intend to receive the same, without any Deduction or Abatement whatsoever." Witness our hands this day of 18 . [Signatures of] -fp* 5* 5. The form of ^'Declaration of Assent'' required to be made by every Candidate for Holy Orders , and by every Curate and Incumbent i — I, A. B., do solemnly make the following Declara- tion : — I assent to the thirty-nine Articles of Religion, and to the Book of Common Prayer, and to the Order- ing of Bishops, Priests, and Deacons. I believe the Doctrine of the United Church of England and Ireland, as therein set forth, to be agreeable to the Word of God : and in public Prayer and Administration of the Sacraments I will use the Form in the said book prescribed, and none other, except so far as shall be ordered by lawful authority. 6. The form of ''The Declaration against Simony'' requu'ed to be made by every Licumhent, Lecturer, and Preacher : — I, A. B., solemnly declare that I have not made by myself, or by any other person on my behalf, any pay- ment, contract, or promise, of any kind whatsoever, which to the best of my knowledge or belief is simo- niacal, touching or concerning the obtaining the pre- ferment of ; nor will I at any time hereafter perform or satisfy in w^hole or in part any such kind of payment, contract, or promise made by any other with- out my knowledge or consent. 412 Appendix Gr. 7. The oath of Canonical Obedience. I., A. B., do swear that I will pay true and canonical obedience to the Lord Bishop of and his suc- cessors in all things lawful and honest. So help me God. N.B. This oath is expressly excepted from the ope- ration of the Clerical Subscription Act, 1865 (see sec. 12). 8. The oath of Allegiance as substituted for the former oath of allegiance and supremacy, by the 31 & 32 Vict. c. 72, sees. 2, 8. I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors according to law. So help me God. Appendix H. — No. 1. PRIVILEGES OF THE CLERGY. Confessions,'^ The llSth of the Canons of 1603 (which are binding upon the Clergy) provides : " That if a man confess his secret and hidden Sin to the Minister for the un- burdening of his Conscience, and to receive Spiritual Consolation and Ease of Mind from him, we do not in any way bind the said Minister by this our Con- stitution " (the Canon had been before providing for making Presentment of Crimes to the Ordinary), " but do straightly charge and admonish him that he do not at any Time reveal and make known to any person whatever any Crime or Offence so committed to his Trust and Secrecy (except they be such Crimes as by the Laws of this Realm his own Life may be called into question for concealing the same) under pain of irregularity." The Rubric, in the Order for the Visitation of the Sick, says : Here shall the Sick Person be moved to make a special Confession of his Sins if he feel his Conscience troubled with any weighty Matter." This Rubric is part of the Law of the Land (13 & 14 Car. II. c. 4). See also Exhortation to the Holy Com- munion and the Homily of Repentance. The Secrecy of Confession is the Privilege, not of the Priests, but of the Penitent. Confession, then, being recognized generally by the 414 Appendix H. — No. 2. Canons, and being enjoined specially by the Eubric, — both of which are binding upon the Clergy, and the latter upon the Laity also, — it follows (notwithstanding high opinions and some apijarent judicial decisions to the contrary) that matter revealed in confession to a Clergyman should not be disclosed by him ; and that he cannot be lawfully compelled to do so under any circumstances, unless [a) in the particular cases speci- fied in the Canon, or {h) with the sanction of the per- son by whom the matter in question was revealed. This, however, does not apply to knowledge, even to the same effect as the matter so revealed, acquired, aliunde, by the Clergyman. (See further Privilege of Religious Confession," by E. Badely. Butterworths, 1865). Appendix H. — No. 2. CHURCH BUILDING— HINTS AS TO. The following most valuable Hints on Church Building," by the Venerable Archdeacon Sinclair, are added with his kind permission : — Sites, If land is to be conveyed for ecclesiastical purposes to private individuals as trustees, under the Common Law, no special facilities are afforded by any Act of Parliament ; and if the requirements of the Mortmain Acts are not complied with, the arrangement will be void. But if it is to be conveyed to the Ecclesiastical HINTS ON CHURCH BUILDING. 415 Commissioners/ the most effective facilities are pro- vided. By the 58th Geo. III. c. 45, § 33, sites for churches and churchyards may be conveyed to the Commissioners, eifcher with or v^ithout a valuable con- sideration; and any quantity of land, not exceeding ten acres, with or without a house, may be conveyed as a site for a parsonage or as a glebe. The grant may be made by owners in fee, including the Crown ; by the officers of public departments ; by bodies politic, corporate, and collegiate ; by corporations, aggregate or sole, not being trustees ; as well as by trustees of hospitals, schools, charitable foundations, and other public institutions (3 Geo. IV. c. 72, § 1). The above-named parties, together with the lord of the manor, may enfranchise copyhold lands ; lords and ladies of manors also may convey waste lands, and the rights of commoners are thereby extinguished (58 Geo. III. c. 45, § 38). Provision is further made (§ 36) that lands, to the above extent, may be conveyed for a valuable consi- deration by trustees, guardians, committees, and other incapacitated persons. The conveyance, if made in the form prescribed by the 2nd section of 3rd Geo. IV. c. 72, will be exempt from stamp duty, and from enrolment in Chancery. It is desirable, when it can be done, to obtain a site for the parsonage, as well as for the church, at the outset. Large powers of granting, bequeathing, or selling, not only sites for churches, but lands, goods, &c., for endowments, are given by the Act 6 & 7 Vict. c. 37, § 22, commonly called Sir Robert Peel's Act," and the two New Parishes Acts, 7 & 8 Vict. c. 94, and 19 & 20 Vict. c. 104, the latter of which is commonly called Lord Blandford's Act." ' In the Church Building Acts, Her Majesty's Commissioners for Building Churches are named, but their powers are now transferred to the Ecclesiastical Commissioners. 416 Appendix H. — No. 2. Plans. It is not advisable in any case to build a church without an architect and clerk of the works. The architect's commission is five per cent. : he is not enti- tled to a commission upon works omitted in the con- tract. There ought to be a clear understanding, that if the tenders for the church are more than five per cent, above the estimate, the building committee shall be at liberty to put his plans aside without incurring any cost. When competition has been resorted to, great injustice may otherwise be done to the unsuc- cessful architects. The clerk of the works is usually paid at the rate of about two guineas a-week. Much depends on his integrity and ability. The contract should include foundations, drains, roads, and fences ; a bell or bells, a pulpit and reading- desk, a communion table and rails, pews and sittings ; the pews to be either with or without doors. A time is usually specified in the contract when, under a penalty, the building must be completed. Besides the contract, there are other expenses to be provided for ; such as law costs, consecration fees, warming and lighting, communion plate, furniture, as well as paving and lighting the outside of the church. In case an organ is either purchased or hired, both the architect and organ-builder should be consulted with regard to its position. It is desirable that some efi'ective mode of ventilating as well as warming the church should be decided on before the building is commenced. Sufficient means of egress should be provided. The size of the pews should not be less than thirty inches from front to back, and twenty inches in width for each adult ; and for children's sittings, fourteen inches should be allowed. The backs should slope to the extent of three or four inches. HINTS ON CHURCH BUILDING. 417 The pews, except in special cases, should all face the east, and be all constructed alike. Accommodation should seldom be provided for more than 1,200 persons in one church. Pews or sittings, the occupants of which can only see and hear with difficulty, if at all, augment the cost without increasing the utility of the edifice. For this reason massive columns are objec- tionable. The roof of the church should be carefully felted as well as ploughed and tongued ; provisions should also be made by gratings for a free circulation of air below the floor, to prevent dry rot. A lightning conductor should not be overlooked. In the churches of new parishes constituted by Orders in Council passed under the New Parishes Acts," one-half of the pews and sittings must not only be free, but as advantageously situated as the others." If endowments are afterwards provided, a propor- tionate number of pews and sittings that are let may be set free in exchange. Funds, In most cases, contributions may readily be obtained from a few liberal individuals ; the difficulty is to pre- vail upon the inhabitants of the parish or district generally to give according to their ability. For this purpose, it is desirable that personal applications should be made to all, whether rich or poor, and that oppor- tunity should be afforded them not only to give large donations, but small monthly and weekly subscrip- tions. Applications for aid may be made to the Incor- porated Society for Building and Enlarging Churches (No. 7, Whitehall) ; to the Diocesan Society ; and to the trustees of the Marshall Fund (9 King- street, Southwark). Marshall's Charity was at first only applicable to 27 418 Appendix H. — No. 2. the augmentation of small benefices. By the recent Act of Incorporation, however, the trustees are enabled to assist in building churches, provided the patronage is vested in the bishop of the diocese. Parsonage Houses, After a new church has been consecrated, a district assigned to it, and an income provided for the minister of not less than 45L a-year, applications may be made to the Governors of Queen Anne's Bounty (Dean's- yard, Westminster) for a grant towards providing a parsonage-house. The grant is usually voted by the Governors, on being satisfied that it is justified by the circumstances of the case, and that a benefaction has been raised to meet it, sufficient with the grant either to purchase or to build a suitable residence. Diocesan Societies usually contribute towards this object. Marshall's Trustees also vote grants for parsonages. Under the provisions of the Act 19 & 20 Yict. c. 104, § 27, any body or person may give, grant, or convey to the Ecclesiastical Commissioners any mes- suage, lands, tenements, or hereditaments for the pur- pose of a parsonage. Endowments, These may consist of lands, tithes, money, or a parsonage-house. When other property than money is settled, the provisions of the Statute of Mortmain must be observed, except so far as that statute is modified by the Church Building or New Parishes Acts, otherwise the arrangement will be void. Under this statute (9 Geo. III. c. 36) all conveyances must be by deed, to be executed and enrolled in Chancery, HINTS ON CHURCH BUILDING. 419 during the lifetime of the donor, and to take immediate effect. Allusion has been already made to the 6th & 7th Yict. c. 37, under which the Ecclesiastical Commis- sioners may endow (§ 9) districts for which churches have not been built ; and the patronage (§ 20) of dis- tricts may be conferred upon contributors to the endowment or to the erection of churches ; and lands (§ 22) may be for this purpose conveyed to the Eccle- siastical Commissioners, without regard to the Statute of Mortmain. The Governors of Queen Anne's Bounty make grants to augment endowments, under the powers of various Acts of Parliament ; and Ecclesiastical Impro- priators are empowered to appropriate and permanently assign portions of their benefices to chapelries and churches, within the limits of such benefices (17 Car. II. c. 3 ; 29 Car. II. c. 8 ; 1 & 2 Will. lY. c. 45 ; 6 & 7 Yict. c. 47, § 29). Consecration, When a church is nearly completed, notice should be sent to the registrar of the diocese, that he may have time to prepare the necessary papers before the day of consecration. Churchwardens should be appointed within two months after consecration of the church (8 & 9 Yict. c. 70, §§6, 7). Consecration fees amount to between 20/. and 30/., according to the length of the proceed- ings and other circumstances, and are payable to the legal authorities of the diocese. Te mporary Churches . When sufficient funds to build a permanent church cannot speedily be obtained, it is better to purchase or 420 Appendix H. — No. 3. hire a temporary building, than to leave the people without the means of public worship. The cost of purchasing an iron church, completely fitted up, but without warming apparatus, is from SOs, to 405. a sitting. An iron church has many advantages. Un- like a building of stone or brick, it may be so con- structed as not to become attached to the freehold, and is then removable, at a moderate cost, to another site. It may, therefore, be erected upon leasehold land ; and although removable, and in that sense temporary, it may, if preserved with care, last above half a cen- tury. Churches of wood or iron are subject to the special supervision of the Board of Works. The promoters of Church Extension should fully understand that they may proceed either under the New Parishes Acts, or under the Church Building Acts which are still in force. It is only under the New Parishes Acts that a district can be assigned previously to the consecration of a church. Appendix H. — No. 3. As TO Curates in Sole Charge. Questions have been so frequently put to the author of the present book relative to the position and rights of stipendiary curates in sole charge, that it has been thought desirable to insert here a few remarks upon this subject. There is, however, very little authority to be found bearing upon it. It was held in the case of Hubbard v. Penrice (2 Stra. CUKATES IN SOLE CHAKGE. 421 1245) that a curate stands in the place of the parson for the purpose of nominating one churchwarden ; and in the case of Pinder v, Barr (4 E. & B. 105) it was said by Coleridge, J., that a curate appointed by the bishop during the suspension of the incumbent for mis- conduct, is " both actually and lawfully for the time being the pastor of the parish ;" and as such he was held to be the proper person to appoint the parish clerk, although the terms of his license authorized him to perform only the ecclesiastical duties belonging to the office of a stipendiary curate. It would seem, therefore, to the author, that where an incumbent is non-resident, a stipendiary curate may represent him in his absence, so far as the parishioners are concerned, for all temporary purposes. Thus, he would have all the incumbent's rights in relation to the cure of souls in general, the ordering of the services, the election of churchwardens, the right to preside at vestries, the control of the bells, organ, singing, etc. But his position will apparently be affected according as the non-residence of the incumbent is voluntary or compulsory. In the former case he will be amenable to the direc- tions of the incumbent in his absence, and must obey them. This, however, is a matter touching his rela- tion to the incumbent only, and not to the body of the parishioners, who would not be entitled to object to any legitimate exercise by him of the incumbent's authority. It would not be advisable for a curate, in such circumstances, to make any permanent appoint- ment of a parish clerk, organist, etc., without the incumbent's consent. Where the non-residence of the incumbent is com- pulsory, the curate becomes to all intents and purposes the parson for the time being, and may, and indeed should, exercise and perform all the rights and duties of the incumbent. 422 Appendix H. — No. 3. The above remarks do not, of course, apply to any rights and duties which may devolve upon the incum- bent in any other capacity than that of parson of the parish, or to any curate not duly licensed by the bishop to officiate during the non-residence of the in- cumbent, and merely acting in his temporary absence. Appendix I. ECCLESIASTICAL COMMISSIONEES FOR ENGLAND. JRegulations respecting Grants out of the Common Fund, [March, 1869.] L The Commissioners are prepared to endow a limited number of new Churches to which Districts shall have been legally assigned since the 1st of March, 1864, containing in each case a population of not less than 4,000 persons, and not being situated within the limits of the ancient parish of Manchester,^ provided that the formation of any such District shall not in- volve the reduction below 4,000 persons of the popu- lation of any other Benefice receiving a Grant from the Commissioners on the ground of population ; the Grants to Chmxhes of this character which may be in public patronage ^ to be made, to the extent of £200 a-year, unconditionally, and to those in private patron- age, to the extent of ilOO a-year, upon condition that 1 Having regard to the provisions of " The Parish of Man- chsster Division Act," by which a special fund is created for the endowment and aiignientatioii of cures within the parish of Man- chester, Part I. will be considered as inapplicable to that parish. 2 Videlicet: — In the patronage of Her Majesty, either in right of the Crown or of the Duchy of Lancaster, of the Duke of Corn- wall, of any Archbishop or Bishop, of any Dean and Chapter, Dean, Archdeacon, Prebendars^, or other dignitary or officer in any Cathe- dral or Collegiate Church, or of any Rector, Vicar, or Perpetual Curate, as such, or of a body of trustees r.ot possessing power to sell or transfer the right of presentation. 424 Appendix I. an Endowment of equal value be provided from non- ecclesiastical sources. No application will be eligible for consideration under this Kegulation, unless and until a Church, in which at least one half of the sittings are free, shall have been built and consecrated, and a separate Dis- trict shall have been legally assigned thereto. II. The Commissioners are further prepared to receive, on or before the 30th of November, 1869, offers of Benefactions of not less than £100 each in value towards making better provision for the cure of souls, with a view to such offers being met by the Board with Grants during the spring of 1870. The distribution of these last-mentioned Grants will be made subject to the following general regulations : — 1. A Benefaction from trustees, or from any Dioce- san or other society or body of contributors, as well as from any individual, whether such Benefaction con- sist of money, land, house, site for a house, tithe, or rentcharge, any or all, may be met by a Grant from the Commissioners ; but neither a Grant from Queen Anne's Bounty, nor a Benefaction already met by such a Grant, nor money borrowed of Queen Anne's Bounty, nor a charge upon the revenues of any Ecclesiastical Corporation aggregate or sole {except^ asunder men- tioned), nor any endowment, bequest, gift, or bene- faction already secured to a Benefice or Church, can be met by a Grant from the Commissioners. 2. The Grants will consist of perpetual annuities in all cases except those in which with a view to the pro- vision of Parsonage Houses, or for other reasons, it may appear to the Commissioners to be especially desirable that capital should be voted. ^ Where the incumbent of a benefice is willing to surrender a portion of the endowment of such benefice towards augmenting the income of a District Church, such surrender will be treated as a benefaction of a sum equal to seven ye. rs' purchase of the net annual income so surrendered. GRANTS OUT OF THE COMMON FUND. 425 3. No single Benefice or proposed District will be eligible to receive a Grant of a larger sum than 601, per annum, or of 1,500/. in capital, and in no case will the Grant exceed in value the Benefaction offered, — the Grant being estimated as worth thirty years' purchase. 4. Districts ^jro^^os^^t;?, but the formation of which shall not have been legally completed on or before the 1st January, 1870, will not be eligible to receive Grants, except in cases where the amount of Benefaction offered would, with the Commissioners' Grant, be sufficient to provide an income of 150/. per annum. 5. In selecting cases, priority will be given to those which, having regard to income, population, and area, or any of them, shall appear to be the most neces- sitous. 6. A Benefice held contrary to the provisions of the Plurality Acts as applicable to new Incumbents will not be considered eligible for a Grant. 7. A Benefice which has received a Grant is not disqualified, on the offer of a further Benefaction, from competing for a further Grant in any subsequent year. 8. The Benefaction, if in cash, and the Grant, if it consist of capital, may, in the case of Benefices exist- ing on the 1st January, 1870, with the consent of the Commissioners and the Bishop of the Diocese be laid out in the purchase of land, or tithe rentcharge, within the Parish or District, or in the purchase or erection of a Parsonage House. 9. Every application must contain a specific offer of a Benefaction, and must reach the Commissioners' Office on or before the SOth of November, 1869, in order to render it eligible to compete for a Grant in the Spring of 1870 ; and in the event of a Grant being made to a Benefice, the Benefaction, if in money, must be paid to the Commissioners on or before the 1st of June following. 426 Appendix I. The foregoing Eegulations, so far as tliey relate to division I., will continue in force to the 1st of March, 1870 ; and so far as they relate to division II., to the 30th of November, 1869. All communications should be addressed to the Secretary, Ecclesiastical Commission, 10, Whitehall Place, London, S.W., and the postage prepaid. By order of the Board, JAIME S J. CHALK, Secretary, N.B. — The applications under these Regulations need not be in any particular form. Appendix K. — No. 1. 82 & 33 Vict. c. 110. All Act for Amending the Charitable Trusts Acts} [11th August, 1869.] Whereas doubts have arisen respecting the construc- tion of some provisions of the Charitable Trusts Acts, and it is expedient to remove such doubts and other- wise to amend those Acts : 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, and by the authority of the same, as follows : Preliininary. I. This Act may be cited as The Charitable Trusts short title. Act, 1869." II. This Act shall not extend to Scotland or Ireland, III. This Act, so far as is consistent with the tenor Act* to be thereof, shall be construed as one with the Charitable ^^^th ™| 17 Trusts Act, 1853, the Charitable Trusts Amendment vict. c. 137, Act, 1855, and the Charitable Trusts Act, 1860, and c. 124, ' the Act of the Session of the twenty-fifth and twenty- ^"^3^^^ sixth years of the reign of Her present Majesty, 25 & 26 vict. chapter one hundred and twelve, for establishing the ^' ^ This Act was passed at too late a period in the session to be in- serted in the proper place in the present edition of this book. 428 Appendix K. — No. 1. Amendment of sec. 3 of 23 & 24 Vict, c. 136. Mode of application to Board. Powers of Board on application. Notice of order. 23 & 24 Vict, c. 136 s. 6. jurisdiction of the Charity Commissioners in certain cases " (which may be cited as the Charitable Trusts Act, 1862), and those Acts, together with this Act, may be cited as the Charitable Trusts Acts, 1853 to 1869. lY. A notice under section 3 of the Charitable Trusts Act, 1860, need not be sent by the Board of Charity Commissioners for England and Wales to any trustee or administrator of a charity who has been party or privy to the application to the Board upon which they exercise their jurisdiction. y. An application to the Board of Charity Commis- sioners for England and W ales, for the purposes of the Charitable Trusts Acts, 1853 to 1869, when made by the trustees or persons acting in the administration of the charity, may be made in writing signed by any per- son authorized in that behalf by a resolution passed by a majority of those trustees or persons who are present at a meeting of their body duly constituted, and vote on the question. YI. The Board shall be deemed to have and to have always had power in any order made upon an applica- tion to them, for the exercise of their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, to in- sert in the order any incidental provisions which they think expedient for carrying into effect the substantial objects of the application, and which they would have had power to insert if such provisions had been included in the application. YII. Nothing in the Charitable Trusts Acts, 1853 to 1869, shall be deemed to require or to have required the Board, upon modifying a proposed order in manner provided by section 6 of the Charitable Trusts Act, 1860, after the publication thereof, to give public notice of such modified order in the manner provided by that section with respect to the order originally proposed, unless they think further notice desirable. CHARITABLE TRUSTS ACT, 1869. 429 Vin. The Board shall be deemed to have and to Discharge have always had power with or without any appHcation "^^^^^^ to discharge, within twelve months after an order is irre^juiarity made by them, the whole or any part of any order ap- pearing to have been made by them by mistake or on misrepresentation, or otherwise than in conformity with the Charitable Trusts Acts, 1853 to 1869. Every order made by the Board, in exercising their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, shall, until discharged or varied by the Board or by the Court of Chancery on appeal under section 8 of the Charitable Trusts Act, 1860, have effect ac- cording to its tenor. Every order of the Board shall, subject to all powers which the Court of Chancery has to discharge or vary it under section 8 of the Charitable Trusts Act, 1860, and subject to the power of the Board to discharge it wholly or partially for the causes mentioned in this section, be deemed to have been duly and formally made, and no objection thereto on the ground only of irregularity or informality shall be entertained. IX. The Board, if they think it desirable, where the Employment gross annual income of a charity is in their opinion p®^^^^® ax ' I ± I. II. XI, T prepare aud sumcient to bear the expense, may, upon the appuca- defend tion of the trustees or of any other person or persons entitled to apply to them in that behalf, employ or may authorize the trustees or persons acting in the adminis- tration of such charity to employ skilled and compe- tent persons to prepare any scheme, order, statement, or other proceeding for the purposes of the Charitable Trusts Acts, 1853 to 1869, with respect to such charity, or to make or assist in any survey or local inquiry with reference thereto, and may order the costs incurred under this section or upon any inquiry by an inspector, or in consequence of the employment of any person to appear on behalf of the respondent upon any appeal against any scheme or order, to be provided in the 430 Appendix K. — No. 1. Appeals under 23 & 24 Vict, c. 136. Service of Attorney- General by appellant under sect. 8 of 23 & 24 Vict, c. 136 s. 8. Legal power of majority of trustees to deal with charity estates. Legal pro- ceedings by trustees of charities for protection of charity property, etc. same manner as if they were costs of a transaction mentioned in section 36 of the Charitable Trusts Act, 1855. X. A petition to the Court of Chancery under sec- tion 8 of the Charitable Trusts Act, 1860, may be presented in the case of all charities by the same per- sons only as in the case of a charity the gross annual income of which does not exceed fifty pounds. XI. A petition shall not be presented to the Court of Chancery by any person under section 8 of the Charitable Trusts Act, 1860, before the expiration of twenty-one days after written notice under the hand of the appellant of his intention to present such petition has been served on the Attorney-General by delivering the same to the solicitor who acts for him in ex officio proceedings relating to charities. XII. Where the trustees or persons acting in the administration of any charity have power to determine on any sale, exchange, partition, morgage, lease, or other disposition of any property of the charity, a majority of those trustees or persons who are present at a meeting of their body duly constituted, and vote on the question, shall have and be deemed to have al- ways had full power to execute and do all such assu- rances, acts, and things as may be requisite for carrying any such sale, exchange, partition, mortgage, lease, or disposition into effect, and all such assurances, acts, and things shall have the same effect as if they were respectively executed and done by all such trustees or persons for the time being and by the official trustee of charity lands. XIII. The majority of the trustees of any charity, if authorized by the Board, may institute and maintain any action, suit, petition, or other proceeding in the same manner in all respects as if they were the sole trustees of the charity. Where the trustees or the majority of the trustees CHARITABLE TRUSTS ACT, 1869. 431 of any charity institute and maintain any action, suit, petition, or other proceeding under the authority of the Board, such action, suit, petition, or other proceed- ing shall not abate or become discontinued or of no effect by reason of the death or removal from office of any of the trustees, or of the addition of any new trustee, but shall continue and have effect for and against the trustees for the time being of the charity, in the same manner as if they were actually named therein. XIYo Either the trustees or the persons acting in Application the administration of any charity, exempted from the charities to operation of the Charitable Trusts Acts, 1853 to 1869, Act^""^^^ may apply to the Board to have the said Acts or any Seeie &ir provisions thereof specified in the application extended J^^^ ^- to such charity : Such application shall be made by such of the said trustees or persons as having regard to the value of the charity might under the provisions of the said Acts, if the charity were not exempted therefrom, make an application for a scheme to any judge or court or to the Board, and shall be made in the same manner and according to the same regulations as such application. On any such application the Board may make an order directing that the said Acts or any provisions of them specified in the application shall extend, and such Acts or provisions shall thereupon after the date of the order extend to such charity in the same manner as if it were not exempted therefrom. Before making any order under this section the Board shall cause such notices of the proposed order to be given as by section 3 of the Charitable Trusts Act, 1860, as amended by this Act, and by section 6 of the same Act, are required to be given before the making of an order for establishing a scheme. XV. So much of the Charitable Trusts Acts, 1853 to ^^^^""^^ 1869, as authorizes and relates to orders of the Board Acts to 432 Appendix K. — No. 1. registered places of religious worship. Treasury to fix scale of for the appointment or removal of trustees of a charity, or for or relating to the vesting of any real or personal estate belonging thereto, or for the establishment of any scheme for the administration of any charity, shall extend to buildings registered as places of meeting for religious worship with the Kegistrar- General of Births, Deaths, or Marriages in England, and bona fide used as places of meeting for religious worship : Provided that no such order shall be made except upon the applica- tion of the trustees or persons acting in the adminis- tration of the charity, made in manner provided by section 4 of the Charitable Trusts Act, 1860, or by this Act. Save as provided by this section, such build- ings shall continue exempted from the Charitable Trusts Acts, 1853 to 1869. XVI. The Lords Commissioners of Her Majesty's Trea- sury may from time to time prescribe a scale of fees to be charged for any business done by the Board under this or any other Act, and may direct whether the same shall be imposed by stamps or otherwise, and by whom and in what manner the same shall be collected, ac- counted for, and appropriated ; and before any such fees shall be taken or received by the said Charity Commissioners every such scale of fees shall be pub- Scaietobe Hshed in the London Gazette. The scale of fees shall Parliament, be laid before both Houses of Parliament within thirty days after the same has been so prescribed, if Parlia- ment is then sitting ; and if not, within thirty days after the then next meeting of Parliament ; and if any such scale shall be disapproved of by both Houses of Parlia- ment within one month after the same shall have been so laid before Parliament, such fees or such parts thereof as shall be disapproved of shall not be charged by the Board. Repeal. XYII. The enactments described in the schedule to this Act are hereby repealed ; Provided that, (1.) This repeal shall not affect anything already done CHARITABLE TRUSTS ACT, 1869. 433 or suffered, or any right acquired or order made, under such enactments : (2.) Any proceedings already commenced under the enactments hereby repealed shall be proceeded with in the same manner as if this repeal had not been made. Schedule. Date. Title. 16 & 17 Vict. c. 137 23 & 24 Vict. c. 136. An Act for the better adminis- "j tration of Charitable Trusts - ] In part ; namely, sec- tion sixty-three. An Act to amend the law relat- t „^ . ing to the administration of 1 1^?^^'^ I' Endowed Chaiities section sixteen. Appendix K. — No. 2.. THE ENDOWED SCHOOLS ACT, 1869, 32 & 33 YicT. c. 56. A SHORT notice of this Act appears desirable, but it is too diffuse and complex to be considered at length in a work devoted to the Clergy. By it Commissioners are appointed (§ 31) to frame schemes for the approval of Parliament (§ 41) for the reorganization of Endowed Schools, and express provi- sion is made for securing freedom of religious education (§§ 15, 16) in schools of other than a denominational character (§ 19) ; the masters of such schools are not to be required to be in holy orders (§ 18), and their 28 434 Appendix K. — No. 2. governing bodies are not to be disqualified on religious grounds (§ 19). The jurisdiction of the ordinary as to the licensing of masters in Endowed Schools is to be abolished (§ 21). Existing interests are saved from the application of the Act (§ 14), which does not extend in general to schools supported by voluntary contribu- tions, or in receipt of parliamentary grants, or where the governing body has a discretion as to the purposes to which the funds are to be applied, or to schools for the education of ministers or persons of any particular denomination, or of choristers (§8). INDEX. Page Abbey Lands, not titheable . 165 Admission to benefices , . 20 Adultebous Persons, clergyman cannot be compelltd to marry . 153 Aisle . . . .61 Altar Cloths . . .93 Alterations, of churches . 61 American Clergy . . 136 Apostacy .... 224 Apportionments — Of duties of cures . . 136 Of glebe . . . .176 Of rents, crops, etc., on avoidance 185 Of charities ' . . .201 Of endowments under Lord Blandford's Act . . 273 Augmentations — Under Lord Blandford's Act . ISl To poor vicarages, curacies, etc. 197 Grants of lands, etc. for augmen- tations . . . . ib. Grants of land already in mort- main .... 198 Grants of land under New Pa- rishes Acts . . .199 District Church Tithes Act . 200 Grant of laud by private persons under Patronage Acts . . ib. Title not to be questioned . ib. (And see Firstfrnits, Mortmain, Parsonages, Tithes, Glebe.) Avoidance . . 22, 181, 185 By sequestration for non-resi- deme . . . .212 By admission to another benefice 215 Banns (See Marriages). Baptisms — Where . . . .164 How . . . .165 Page Baptisms — When . . . .165 Sponsors . . , . ib. iSlame . . . . ib. Essentials to . . .166 Lay bap ism . . . ib. Fees . . . . ib. Beadle — Appointment of . . .91 Dismissal of . . . ib. Duties of . . . . ib. Bells — When to be tolled . 99, 156 Belfry . . . .100 Eingers and ringing . . ib. Bible, to be provided by Church- wardens . . . .97 Bier, to be provided by Church- wardens . . . . ib. Black Gown . . . ib. Blasphemy . . , 226 Board of Health, may close burial grounds, when . . 106 Bonds of resignation . .212 Boundaries — Of parishes . . .26 Of distinct and separate parishes 86 Of particular districts . .37 Of Peel districts, etc. . 238,254 Of new parishes may be altered at any time . . . 281 Brawling . . . 228 Burials, Burial Grounds — Additional burial grounds by compulsion . . .102 Grants for . . . 103 Right of burial . . .154 Non-parishioners . . ib. Minister cannot refuse . . ib. Of dissenters, etc. . . 155 436 INDEX. Page Burials, Burial Grounds — Of suicides . . . 155 Shipwrecked bodies . . ib. In particular vault . . ib. In the church itself , ,156 'J oUing bell . . . ib. Service . . . . ib. Fees for . . . . ib. Disinterring bcdy . .157 Closure of burial grounds . ib. Burial boards . . .158 How appointed . . . ib. In boroughs . . .159 New burial grounds . . ib. Chapels, and laying out grounds 16 Rights in ... ib. Pauper burials . . .1^1 Registration . . . ib. Closed grounds . . 16, 105 Fees . . . .162 Fees in new parishes and dis- tricts . . . .163 Cemeteries Clauses Act . .164 (And see Churchyard.) Canon Laws . . . 2, 4 Canon, what . . .4 legatine . . . ib. provincial . . ib. Which are binding on laity . ib. Which not so binding . . ib Attempted alteration of canons 4, 165 Canonical Disabilities . . 140 Cathedral Clergy . .19 Caveat, against grant of maniage licence .... 141 Cemeteries Clauses Act . . 164 Certificates— Reg'strar's, for marriage . 146 Marriage entry . . . 150 Chairman, at vestrie.s . .117 Chancel — Repairs of . . .59 Rights of parishioners in .59 Seats in . . . .71 Chapels. (See Churches.) Chapelries. (See Parishes.) Chaplains— Private . . . .13 Union , . . » ib. Army . . . . ib. Charges on benefices — When incumbents may make, 176, 179, etc. (See Augmentations ) Charities, Charitable 1 rusts Acts — Duty of churchwardens as to . 201 Yearly accounts to be rendered . ib. | Charities, Charitable Trusts Acts — Clergyman ex officio a trustee . 201 Apportionment of charities on division of parishes . . 202 By Coiu't of Chancery . , ib By Charity Commissioners ib , 365 Advice, etc., obtained from com- missioners . . 202, 325 Appointment and removal of trustees . . . 203 Cases of misapprojmation, etc. . ib. Inspectors of charities . 206, 323 No legal proceedings without commissioners' consent 204, 327 New schemes . . 205, 350 Removal of oflQcers of chaiities 205, 330 Charities exempt . . ib. 356 Building leases, etc. . . 329 Charitable Trusts Act, 1853, with notes .... 319 Cnaritable Trusts Amendment Act. 1855 . . .362 Charitable Trus's Act, 1860 . 380 Roman Catholic Charities Act, 1860 . . . .391 Endowed Schools Act, 1860 . 395 Minutes of the Boaid of Charity Commissioners . .397 Charitable Trusts Act, 1869 . 4*^6 (See Appendix D.) Chest for Alms, to be provided by churchwardens . . 96 Keys of, to be kept by church- wardens . . .87 Christmas Day, observance of . 2i>7 Churches — Parish churches . 57 Consecration of . ib. Reconseciation, rebuilding ib. Fees on consecration 58 Substituted churches . 58 , 77 Freehold of . . . 58 Rights of parishioners in 59 Monuments and vaults . ib. Defacing ditto 60 Objectionable monuments ib. Repair of monuments . ib. Aisle .... 61 Alteration, etc. , of church ib. Loan for repair of ib. Enlarging, rebuilding . ib. Other parish churches . 62 Private persons may build, when ib. Private chapels . ib. Free .... ib. Proprietary 63 Chapels of ease . ib. INDEX. 437 Page Churches — Patronage of . 63 Conversiou of, into parish churches . . .64 Subscription churches . . ib. Chapels without districts . 65 Chapels under Church Building Acts . . . .66 Repairs of . . . ib. Marriages in chapels . . ib. Erection of public chapels, Con- sents necessary, . . ib. Chapel trustees . . . ib. Churches not liable to poor-rate 130 Profanation of . . . 228 Brawling in . . . ib. Disturbing minister . , 229 Bobbing . . . . ib. Plays in . . . . ib. Wearing insignia of office in . 230 Church Building — See Appendix H. No. 2 . . 414 (And see Parish.) Church Discipline. (See Discipline.) Church Estate Commissioners 169 Church Trustees . . 127 Churchings . . . 168 Church-Rate Abolition Act, 1868 . . . .301 Church-Rates — Loans on In district chapelries . . 34 Indistinct and separate parishes 29 In consolidated chapeliies . 34 In Peel parishes . . .40 Objects of . . .111 Recent Act as to . . ib. And see Appendix B . . 301 Former status of ecclesiastical districts . . ,111 Change therein . . . 112 Church-rate not now enforceable 113 But should not be abandoned . ib. Cases excepted by the recent Act . . . . ib. Trustees, etc., may pay rate . 114 Persons refusing to pay rates . ib. Rate must still be valid . .115 Notice to levy rate . . ib. Form of . , . . ib. Chairman. , . . 117 Rate cannot be retrospective . ib Estimates .... 118 Necessary items . . . ib. Allowable items . . . ib. Illegal items . . . ib. Proceedings in vestry . . ib. Evasive motions . .120 Adjournment . . . 121 Page Church-Rates — Scrutiny .... 122 Voting . . . . ib. Form of r&te . . . 124 Confirmation of . . . ib. Assessment of . . . ib. Exemptions . . . 125 Synopsis .... 126 Annual return of rates . . ib. Power to appoint church trustees ib. Foim of notice of making of church rate . . . ib. Churchwardens — Not entitled to possession of church , , . .58 Duties, etc , as to monuments 59, 60 May not remove pulpit without faculty . , . .61 May borrow money for repairs . ib. Duties as to pews and sittings 71, 72 ,, in modern churches, under Church Building Acts . 73 May borrow money on pew-rents with consent of commis- sioners , . . .75 Definition of , . .78 Number of . . . ib. Their status . . . ib. Who may be appointed , . ib. Residents in a new parish may be appointed for old parish . ib. Who must act if appointed . 7 Who are exempt . - . ib. When chosen . . . 80 By whom . . . • f^- How by custom . . . ib. Term of office . , • jb. Legality of election . • Mandamus to elect . . ib. Declaration by . . .81 Removal of , . . ib. Duties as to presentments . ib. May eject riotous persons, etc. 82 Are guardians of church, etc, . 83 Summon vestries. . . ib. Dm-ing vacancy of benefice . ib. To provide for service, etc, . ib. Repair of church , . ib. Jury lists, must sign . . ib. Other rights, etc. . , ib. Custody of deeds. . . ib. In " distinct " parishes . 30, 84 In "district" parishes . . 84 In chapelries and districts, etc. 85 In Peel and new parishes ib. 244 In chapels without districts . b5 Close of office , , .86 What articles they are to provide. (See Goods.) 488 INDEX. Page Page Churchwardens — Clergy— Appointment of sexton by 91 Fees for curate's licence . . 17 Duties as to bells. . 99, 100 Curate vacating office . , ib. Must sign copies of registers 1 Q*7 io / When licensed . 18 Charities, duties as to . , 201 Revocation of licence . . ib. Compensation to for rights of When unlicensed . ib. common ... 272 Preachers . . 19 C HURCHYARDS — Qualifications of cathedral clergy ib. To be consecrated . . iUl As to Incumbents — Freehold of in rector or vicar ib Freehold in . ib. , , in new parishes . 260 Trees in churchyard . ib. Herbage, right to . • ib How appointed . . ib. In new benefices . ib'. Presentation . ib. Repair of ... 102 Admission and institution . 20 Tombstones ib. Induction . ib. Fees for . ib. Donation . . 21 Additional churchyard by com- Reading in . ib. pulsion. ib. Collation . ib. Grants for new churchyards ib. Lapse . ib. Churchways, fences 104 Avoidance . 22 Loitering in, etc. ib. Cure of souls . ib Fees for monuments 105 Duty as to registers . 23 Robbery from ib. Extracts from registers . . ib. Closure of . . ib. Custody of . ib. Repair, etc., of closed ground ib.l61 Errors in . . ib. Poor-rate chargeable wiih 105 (And see Discipline, Registers, Par (And see Burials.) sonages, etc.) Churchyards Act 1867, notice of 103 Clerk (Parish) — Clergy — How chosen . 88 Generally 5 Clerk in orders . 88, 89 Ordination ib. Qualification . 88 Title to orders . 6 By whom appointed . ib. Notice for orders ib. Admission of . ib. Degree . . . ' . ib. Fees, etc. . ib. Subscription . . 7, 406 Dismissal of . 89 In which diocese to be ordained 7 May appoint a deputy . . ib. Exceptions as to . ib. In districts, etc. . . ib. For functions abroad ib Division of fees in such cas es . ib. For colonies ib. In Peel and new parishes 90,260 Fees .... 8 Collation . . 21 Orders not to be relinquished . ib Colonies, ordination for . . 8 Deacons .... ib. Commission, under Church Dis- Pi ivileges of the clergy . 9, 413 cipline Act . 216 Must not be obstructed or as- Communion. (See Lord's Supper.) saulted . . . 229, 230 Communion Table — Disabilities 9 Covering for . 93 Trading by . . . 10 CoMiULSORY Church Rate Abo- Several divisions of clergy 11 lition Act, 1868 . 301 Rectors .... ib. Confession (Appendix H.) . 413 Vicars .... ib. Consecration of Churches 57, 4J9 Perpetual curates ib. Endowment not necessary . 58 (a) Ancient 12 Convocation — (6) Modern ib Queen's supremacy . 1 Chaplains, private 13 Summons convocation . . ib. army ib Who are members of . ib. ,, union Lecturers . . . ib. Upper House . 2 14 Lower House . ib. Stipendiary curates 15 Powers of . . ib. Compulsory appointment of 16 Consulted by Parliament . 3 INDEX. 489 Page Credence Table 93 C REDiTORS. (See Sequestration.) Crosses . . . . 9.3 Crown Lands 125 Curates . . . . 15 Compulsory appoiutnieiit of 16 Notice to quit to 17 When unlicensed 18 Vacating office ib. Summary power of bishop 219 Duties of, when in sole charge . 420 Forms of nomination for 408 No right to chair at vestries 117 Daily Prayer 135 Deacons . . . . 9 Degradation 215 Degree, requisite for orders 6 Deprivation 215 Dilapidations 181 Disabilities of Clergy . 9 Discipline — Proceedings for neglect of duty. 135 Suspension . . . 215 Degradation . . . ib. Deprivation . . . ib. Church Discipline Act . . ib. See the Act in Appendix C. . 307 Commissions under . 216, 308 Sentence by consent . 217, 310 Appearance and defence . 217 Bishop has option to issue com- mission. . . . ib. Proceedings on hearing before the bishop . . .312 Case may be sent to Court of Appeal . . . 218, 312 Suspension pendente lite 218, 313 Appeal lies to archbishop 219, 314 Witnesses. . . .219 When bishop patron . . ib. Proceedings to be within two years . . . 219, 316 Appeals to the Privy Council . 315 Dissenters, burial of . . 155 District Church Tithes Act — See Appendix A. . 275, 279 (And see Vicars.) Districts. (See Parishes.) Disunion of Benefices . 53, 55 Divided and consolidated Be- nefices . . .54 Divine Worship — Uniformity in . . . 133 Notices .... 134 On Sundays . . . ib. Third service . . .135 Daily service . . . ib. Two benefices only to be served in one day . . . ib. I Divine Worship — OlFiciating without authority . 135 Bishop may apportion duty . 136 Scottish clergymen . . ib. American clergymen . . ib. False doctrine . . . ib. Manner of performing . . ib. Divorce — Judicial separation . .153 Dissolution of marriage . ib. Re-marriage . . . ib. Donatives . . .21 Cease to be so wlien augmented by Queen Anne's bounty . 197 Formed under Church Building Acts are subject to lapse . 29 Drainage of Glebe. . 178 Easter Offerings. (See Fees.) Ecclesiastical Commission — Powers of Church Building Com- missioners transferred to . 28 Powers of in forming parishes 28 — 56 Powers of with reference to churchyards . .102, 399 Power to fix table of fees 105, 151, 193 When appointed . . .169 Duties . . . . ib. Schemes draAMi up . . ib. Estates Commissioners . . ib. To report annually . .170 Regulations of, respecting grants out of the common fund . 422 (And see Parishes.) Endowed Schools — Orders to be made by trustees of 208 Endowed Schools Act, 1860 . 395 Endowed Schools Act, 1869, re- marks on . . . 430 EndowTuents. (See Augmenta- tions, Glebe, Parishes.) Exchanges — Of glebe . . . .175 Of cures . . . .213 Licence for . . . ib. Simoniacal, when . . ib. Of advowsons . . .214 Exemptions from church-rates . 125 Faculty — F®r granting vault and monu- ment . . . . 60 For any alteration 61 Fees for . ib. For removal of pulpit . ib. For repewing churches . 73 For repairing pews ib. For putting up organ 98 440 INDEX. Page Faculty — For disinterring body . .157 For pulling dov\ n church . 284 Farming, by incumbent . .10 Fees — At ordination . , . S For cuiates licence . . 1' On institution to livings . 20 For searches in regislei-s . 24 Compensation for loss of, under Lord Blandford's Act . . 52 On consecrations of churches . 58 For faculties . . .61 To parish clerks . . .88 To sextons . . .90 For erection of tombstones . 102 Commissioners may fix table of fees for any parish 105, 151, 193 For marriage licences . . 146 For searches in register and marriage certificates . . 150 For solemnization of man-iages ib. Under Kew Parishes Acts 151, 244, 262 For marriages abroad . . 152 For burials in ancient churches . 157 For burials in new grounds 160, 162 For baptisms . . .166 Easter offerings, commutation of 191 ,, definition of .192 ,, how recoYerable 193 Surplice fees . . . ib. Mortuaries . . .194 Firstfruils . . .195 Tenths . . . . ib. For licence of non-residence . 211 For hcences of ministers of Peel parishes . . . 251 FmsTFRriTS . . 195 Vested in Queen Anne's Bounty 196 Augmentations out of . . ib. Fixtures in parsonages . . 184 Font . . . .96 Free Sittings . . .76 Gilbert's Act Glebe, Endowments — Glebe Incumbent's interest in . Leases of . Kenewal of leases Farming leases . Building and improving Mines Improved Talue . Purchases, etc. . Sales of reversions Exchanges Charges . 171 ib. ib. 172 173 ib. 174 b. 175 ib. ib. 176 Glebe, Endowments— Apportionment of glebe Drainage, etc. Good Friday, observance of Goods and Ornaments — Care of in churchwardens What churchwardens are to pro- vide Communion table Credence table, rood remarks Incense, not permitted Other ornaments Rubric as to ornament >, ui)on Surplice . Pulpit and desk . Chest for alms . Chalice, wine, bread, eti Bible Bier Table of degrees . Commandments, table of Registers of baptism Book of accounts. Monuments Consent of parishioners, required Organs Property in church goods Alienation thereof BeUs When to be tolled Gown in preaching illegal when Page , 176 ib. , 227 93 ib. ib. ib. 94 ib. ib. 96 ib. ib. 9r ib. ib. ib. ib. ib. ib. ib. 98 . ib. . ib. . ib. 99 99, 156 . 97 Herbage in churchyard, right to. 101 Heresy . . . .224 Holy Communion (see Lord's Supper). Inclosure Commissioners — Drainage of glebe imder super- vision of . . .178 Incomplete districts . . 43 Incumbents. (See Clergy.) Induction . . . .20 Inspectors of Charities 204, 319 Institution . . .20 Insurance of Church . .119 Keys of Church . . .59 Churchwardens not entitled to . 82 Lapse . . . .21 Donatives do not . . .22 Except under Church Building Acts . . . .29 Leases. (See Glebe.) Lecturers . . . .14 Letters dimissory. . . 7 INDEX. 441 Page Letters of Request . .218 Letting Glebe House . . 183 Licence — Necessary for persons ordained for functions abroad . . 8 Perpetual curate's . .11 Lecturer's. . . .14 Curate's . . . .17 Revocation of . . ,18 Fees for . . . .17 Necessary for erection of monu- ments . . . .59 Necessary for private chapels . 61 For performing marriages, etc. , in Peel districts . .138 For marriages in extra-parochial places .... 139 Marriage licences . 145, 146 Special , . . .146 By British Consul . .152 By Secretary of State for use of particular vault . .157 Of non-residence. . .210 Licence to treat for e change of cure . . . .213 To hold more than one benefice. 214 Of ministers of Peel parishes . 251 LOA.NS TO Incumbents — For repairs of churches . . 61 Raised upon pew-rents . . 74 Rate for repayment of . .118 For providing burial grounds . 159 For drainage of glebe, etc . 177 For purchasing parsonage . 179 London. (See Metropolis.) Lord Blandford's Act, 1856 — Remarks on . .41, sqq. (See Appendix A.) . . 256 Lord's Day. (See Profanation ) Lord's Supper — When to be celebrated . . 166 To whom refused. . . 167 Notice by and to minister . ib. How administered . . ib. Under Church Building Acts . ib. Reviling . . . .168 Marriages — In chapels without districts . 66 In district chapelries . . 137 Registers .... 137 In new parishes and districts, etc. . . . 137-8 In extra-parochial places . 139 Void and voidable . . 140 Void if husband or wife living . ib. "W ant of age , . . ib. Consanguinity, etc. . , ib. Civil marriages . . . 142 Page Marriages — In facie ecclesice . . ■ . 142 {a) By banns , . . ib. Where resident, etc. . . 143 Notice before banns . . 144 Liability of clergymen . .145 Wards iu chancery . . ib. For bidding banns . . ib. Register .... ib. Republication . . . ib. {b) By licence . . . ib. Residence . . . 146 Special licence . . . ib. (c) On certificate of registrar . ib. Kequisites to the ceremony . 147 Policy of legislature . . 148 Refusing to marry . . 149 Return to registrar-general . ib. Correction of errors . . ib. Fees for searches . .150 Stamps . . . . ib. Questioning the parties . . ib. Marriage fees . . . ib, under Church Build- ing Acts . .151 under New Parishes Acts . . ib. (And see Divorce.) Marriages abroad — At British ambassador's . 152 At consuls . . . ib. Fees for . . . . ib. Metropolis — Charit es in . . .203 Tithes in . . . .189 Rectories in . . , 109 Parisli clerks in . . .88 Mines, leases of by incumbents . 174 Modus. (See Tithes.) Monuments — Licence for erection of, necessary 59 Defacing, prrnishable . . 60 Churchwardens cannot remove . 97 Gift by M ill for repair- of . 62 Mortmain — Gift for repair of church not void 62 Gifts of land in, for sites for churches . . .198 Gifts of land in, for sites for schools .... 207 Bequests to build and endow churches . . . ib. Licence in, for purchase of land by clergy . . .175 Conveyances to trustees of reli- gious or educational bodies . 208 Impropriators of tithes may annex same to parishes with- out Licence . .250 442 INDEX. Pagre Mortuaries . . .194 New Parishes. (See Parishes.) New Parishes Acts. (Ai^pendix A.) Sir Robert Peel's Act, 184:i (with Notes) . . . .233 Sir Robert Peel's Act, 1844 . 250 The Marquis of Blaiidford's Act, 1856 . . . .256 District Church Tithes Act, 1865 275 District Church Tithes Act Ameiidmeiit Act, 1868 . 279 New Parishes and Church Build- ing Acts Amendment, 1869 . 28] Nominations to curacies, forms of . . . .408 Oaths, Subscription — At ordiaation . . .7 By lecturers . . .14 By stipendiary curates . .15 By incumbents . . .21 Stipendiary curate s declaration 410 Declaration of assent . .411 Declaration against simony . ib. Oath of canonical obedience . 412 Oath of allegiance , . ib. Offences. (See Officiating.)— Apostacy . . . .224 Heresy . . . . ib. Reviling religion . . 225 Blasphemy . . .226 Swearing and cursing . . ib. Religious imposture . . ib. Profanation of the Lord's-day . ib. Profanation of churches . 228 Brawling . . . ib. Disturbing minister or congre- gation . . . .229 Robbing churches, etc. . . ib. Plays in . . . . ib. Wearing insignia of office in . 230 Meetings for worship with closed doors . . . ib. Obstructing or assaulting clergy- man . . . . ib. Disorderly houses . . 231 Falsification of registers . 232 Offertory — The proprietary and private chapels . . . .63 Power of churchwardens as to . 82 In parish churches . .167 Under Church Building Acts . ib. Official Trustee oi charity lands 235 Officiating . . . 136 Persons ordained for functions abroad must not here without licence . . . .8 Page Officiating — American clergy . .136 Scottish clergy . . . ib. Without incumbent's consent . 22 Ordination . . 5 — 7 Forms and papers requisite for (Appendix G.) , . .406 Organ, faculty necessary for . 98 Control of . . .92 Rate for . . . .119 Organist . . .91, 92 Parishes — Ancient or original . 25, 26 Apportionment of endowments 273 Boundaries of . . .26 ,, alteration of, of dis- tinct and separate parishes . . 36 ,, of new parishes may be altered at any time . . 281 of particular districts 37 ,, of Peel districts 2^38,254 Burials and burial fees . 162, 163 (And see Burial. Churchyard.) Chapelries, ancient . . 65 ,, may become new parishes . . 257 ,, consolidated 35, 290 ,, registers in . .137 Chapels of ease, conversion of into parish churches . . 64 Civil parishes under Local Acts 25 Compen; ation by Commissioners to incumbents for loss of fees . 52 Consolidation of parts of bene- fices held in severalty . 285 Conversion of districts into parishes . . .43 Distinct and separate parishes 26, 28, 288 (a, a) Those formed under the Church Building Acts 28 Church-rates in 29, 111 Patronage of . 30 Pew-rents in . 29 Registers in .137 (a, b) Those formed by the bishop . . .30 Cliurchwardens of . ib. District chapelries . 32, 290 ,, Districts assigned . 33 ,, Endowments of . ib. „ Patronage of 34, 290 Pew-rents in ib. ,, Registers in 137-8 Vicarages under re- cent Act . . 33 INDEX. 443 Page Parishes— District Parishes . 30, '288 Patronage of . ib. Pew-rents in 32, ii88 Vicarages under recent Act . 32 Disunion of parishes . 53, 55 Divided and consolidated . 54 Di\ision of, under Lord Bland- ford's Act . . 268-9 Earlier Church Building Acts . 27 Endowed chapelry made sepa- rate parish . . . 292 Endowments required for Peel districts . . .239 Extra-parochial places . . 139 Fees for marriages in new pa- rishes .... 151 ,, in Peel d stricts . 242 in Peel parishes . 243 (And see Fees.) Incomplete districts . . 43 Incumbent of district under New Parishes Acts not liable to poor-rate, when . .129 Local Acts . . .49 Lord Blandford's Act, effect of . 48 ,, ,, with notes 256 New parishes . . 41, 99, 294 Churchyard, etc. rights in . . . 260 Endowment . 257, 273 Fees, etc., in . . 262 Marriages in . . 139 ,, Pews and pew-rents 258, sqq. Parochial chapelries . . 56 Commissioners may assign districts to . ib. Particular or patronage districts 36, 292 , , How formed . . ib. , , Are perpetual curacies 39 Marriages in . .138 Patronage. (See Patronage.) Peel Acts . . . 233, 250 Peel districts . 37, 238, 294 Ministers of . 240, 251 ,, Temporary place of worship may be li- censed in . . 241 Peel parishes . . .39 (And see Appendix A.) . 294 ,, Church-rates in . 41 ,, Churchwardens of . 244 ,, Ecclesiastical parishes 46 Enlargement of rights of into complete pa- rishes . ~ . 46 Page Parishes, Peel Parishes — ,, Fees in . . 243 ,, Marriages, etc., in . 138 ,, Ministers of, how li- censed . . 251 Separate or disunited benefices 53, 292 Statutory parishes, definition of 24 Supposed or reputed districts . 42 Union of . . .26, 55 Vicarages may be converted into rectories . . .27 Parishioners — Rights of in parish church . 59 When consent of necessary to alterations . . .98 Not bound to appoint an or- ganist . . . .92 Not bound to provide for un- necessary ringing . .100 Private, cannot call vestry . 108 Right to burial of . .154 Parsonages — Acquisition of . . . 179 Sale or exchange . . 180 Dilapidations . . . 181 Survey on coming in . . 182 Repairs of . . . ib. Compulsory providing of . 183 Widow's i-ight to remain . ib. Fixtures . . . .184 Apportionment of rents, etc, . 185 May be built by Queen Anne's Bounty . .196, 418 Under New Parishes Acts . 271 Patronage — Of distinct and separate parishes 30 Of district parishes . . 32 Of district chapelries . . 34 Of patronage districts . . 37 Of Peel districts and parishes 39, 245 Of chapels of ease . . 63 Agreements as to . • 67 Grants of, under Church BuOd- ing Acts . . .68 Grants of under New Parishes Acts . . .69, 264 Where augmentations are made 196 (And see Appendix F.) . 402 Peculiars — Induction to 20 Jurisdiction of bishop over, under Church i iscipline Act . 317 Peel Acts. (See New Parishes Acts.) Peel Parishes. (See Parishes.) Perpetual Curates . . 11 (And see Vicars.) Pew-rents — In distinct and separate parishes 29 444 INDEX. Pa^e Pew-Rents— In district parishes . . 32 In district cliapelries . . 34 In Peel parishes . . ,40 In new parishes . 41, 258 In chapels without districts . 65 In parochial chapels . . 66 Pews — (a) In old parish churches . 71 Cannot be let unless by Act of Parliament . . .72 May be let for third service . 73 Repairs, rebuilding, etc., of pews ib. Repewing church . . ib. Remedy for disturbance in en- joyment of . . . ib. (6) Under Church Building Acts . 74 Loans on . . . . ib. (r) Under New Parishes Acts . 75 Free sittings . . .76 Where church substituted . 77 In old parish churches not to be retained after occujiation of in new . . . .258 Surrender of to Ecclesiastical Commissioners . . 282 Plans in Church Building . 416 Plays in Churches . . 229 Pluralities — When two benefices may he held together . . .214 Dispensation . . . ib. Vacation by admission to second benefice . . . ib. United contiguous benefices 55, 215 Polling at Vestries . .119 Poor-rates, etc. — Chargeable with expenses of repairing churchyard . .105 The clergy liable . .128 Tithes ra .eable . . . ib. Deductions allowed . . ib. Exemptions from . .129 Scientific institutions exempt . ib. Churches, when e.xempt. . ib. Houses of residence . .130 Other property, when liable . ib. Charities, when exempt. . ib. Local rates . . .131 Exemptions from local rates . ib. Churches not liable to expenses of paving streets, etc. . ib. Preachers . , . .19 Prescription for parson to repair fence of churchyard . .101 To be buried in vault . .155 Ijischarge from tithes by .188 Presentments . . .81 Private Chapels. (See Churches.) Page Privileges of Clergy — Generally. . . .9 As to confession . . .413 Profanation — Of the Lord's-day . . 226 Of churches and- chapels . 228 Brawling in . . . ib. Disturbing minister . . 229 Robbi . g . . . . ib. Plays . . . . ib. Proprietary chapels . 63, 308 Pulpit— Must be provided . . 96 Must not be removed without faculty . . . .61 Purchases — Of land, by incumbents . 175 under Gilbert's Act, etc. 180 Quakers — Not compellable to act as church- wardens . . .79 Recovery of tithes from. . 189 Queen Anne's Bounty. Rates — Church . . . .111 Poor . . . .128 Local . . . .131 Annual return of, Act as to . 297 Recovery of. Act as to . . 299 Compulsory Church Rate Aboli- tion Act, 1868 . . .301 Reading in. . . . 21 Reconsecration of Churches . 156 Rectors . . . .11 Have freehold in church 19, 58 And churchyard . . 161 Not liable to tithes to his vicar. 187 (And see Clergy.) Registers, Registration — Minister bound to keep register 23 Copies to be sent annually to regi trar . . ib., 137 Extracts from, receivable in evidence . . .24 To be kept in dry chest . . ib. In Church Building Commis- sioners, parishes, and dis- tricts . . . .137 Book for banns and marriages . 145 Quarterly i-eturn of marriages to registrar-general . .149 Correction of errors . . ib. Of burials . . .161 Of baptisms . . .166 Of places of worship . . 230 Falsification of registers . 232 Reputed Districts . . 42 INDEX. 445 Pase 218, 313 Request, letters of Residence — Residence necessary Penalty for non-residence Licencje for Special licence Fees Exemption Revocation of Annual quest ons as to Enforcing residence Sequestration for non-residence ib. Houses of (see Glebe, Parsonages). Resignation — What is . Bonds of resignation To be deposited with registrar In the case of corporations Ringers Robbing Churches Roman Catholic Charities— Act of 1860, as to Rood Screens Rubric - Force of . 134 Sales by Incumbents — Of lands for sites for schools 205, Sales of charity lands Schools, Sites for— Acquisition of . Power to give Conveyance Endowed . Endowed Schools Act Scottish Clergy . Scrutiny . Sequestration— When At suit of creditor As a punishment For debt . For non-repair . For non-residence For trading Rights, etc., of sequestrator Services, when bishop may order Sexton — How appointed . In new parishes . . ib.. Duties of , Term of office When sexton and clerk the same Shipwrecked bodies, burial of Si quis, form of . SiDESEMEN — Who Office nearly obsolete How elected 211, Sidesmen — Declaration by . Simony — Deprivation for . What Penalty for Page . 215 . 222 • ib. Bond to resign, not simonical 212,223 Summary of law as to . . 401 Assignments of patronage under New Parishes Acts not to be deemed simoniacal . 67, 287 Singers, Singing . . .92 Sites, for churches . . 414 (And see Schools.) Stamps — Duties may be remitted in case of churches under Church Building Acts . . .62 On extracts from registers . 150 Stipendiary Curates. (See Curates) Subscription. (See Oaths.) Subscription Churches. Substituted Churches . Scticides, burial of Sunday. (See Profanation.) Supposed Districts Surplice Surplice Fees, (See Fees.) Suspension . 64 58 155 42 215 Temporary Churches . . 419 Tenths . . . .195 Testimonial for deacons' orders, form of . . . .406 Tithes. (See District Church TiLlies Act)— What .... Payable out of annual increase. Extra-parochial lands . Vicar and rector not liable to each other Abbey lands Exemption from tithes . By composition . Presciiptiou Recovery of tithes Abstraction of tithes Small tithes ... Quakers .... In London Commutation Rent-charge Remedy for Of Easter offerings, etc. Impropriators may annex tithes to parishes without licence in mortmain Rectors and vicars may sell to district churches . . 276 186 ib. 187 ib. ib. ib. 188 ib. ib. 189 ib. ib. ib. 190 ib. ib. 191 250 446 INDEX. Page Tithes — Lands may be given to purchase tithes to be annexed to dis- trict churches . . . 277 Title to Orders . . .5 Trading by Clergymen . . 10 Trees in Churchyard . . 102 Trustees — Of subscription churches . 64 Of chapels, how appointed . 66 Of charities, under Compulsory Chm'ch Rate Abolition Act . 126 under Charitable Trusts Act . . . . 201 Assignment of patronage to, under New Parishes Acts . 268 Uniformity, Acts of . 132, 225 Union of Benefices . . 65 Vacancies of sees . .110 Of benefices . . .83 Vaults . . . .59 Burial in particular vault . 155 Licence for use of by Secretary of State . . .157 Freehold of, in new parishes . 260 Vestments . . . .94 Vestries — To be summo.ied by church- wardens . . .83 What . . . .107 Where held . . . ib. How convened . . . ib. Page Vestries — By whom . 108 Private parishioner may not summoa . ib. Chairman . 117 Voters at . . 119 Poll . ib. Adjournment . 121 Select vestries . 108 Hobhouse's Act . . ib. Powers of . 109 In the metropolis . ib. Appointment of burial boards by 158 (And see Church-rates.) Vicarages, Vicars — (a) Original . . .11 (b) Under the recentAct, 31 & 32 Vic. c. 117. (See Appen- dix A.) . . , ib. Most ancient perpetual curacies hnve now become such . 1 1 When district parishes are . 32 When district chapelries are . 33 Peel parishes are . . 39 Certain patronage districts are not . . . .44 Parochial chapelries are not . 65 Visitation Fees, rate for . 118 Voting at vestries . . 123 Wards in Chancery, marriage of 145 Waste, by incumbents . . 171 Watercourses, leases of . . 174 Writs issuable against ecclesias- tical persons . . . 220 Watsf)n and Hazell, Printers, London and Aylesbury. CHESXiBR DIOCESAN LEAFLET new year. He was certain that when the troops came home many of them would prove stalwart and coavinced reinforcements in the task of present- ing the religion of Christ as the one constructive remedy for a sick world. After passing the Budget resolutions and making sundry elections to the Finance Board the Conference turned to the needs of the Church in China: hospitals, churches, schools, and above all trained men and women. Post-war plans required £15,000; and S.P.G. and C.M.S. had promised £3,000 a year for five years. The Vicar of Hale, earnestly supported by the Mayor of Stockport, insisted that such help so given was tardy and meagre; and moved that the diocese should itself raise the £lv5,00O in six months, each Rural Deanery working along its own lines to a target fixed for it by the Diocesan Missionary Council. The Rural Dean of Stock- port sounded a warning. The job was an impossible one for Chester alone. Moreover it was the job not of Chester alone but of the whole Church of England. He moved an amendment that Chester should aim at £3,000, and call on the other dioceses to follow suit, thus raising for China not £15,000 but £129,000. The Conference adjourned to digest the issue over lunch; and on its return was swept by the Dean into rejecting the Amendment and passing the Reso- lution by a large majority. It is hoped that each one, lay and cleric, in that majority realises that by his vote he pledged, not just a vague body of other people called the Dean- ery, but his own individual personal self, to see to it that this great target is reached. As the Vicar of Neston warned us, a Resolution of the Con- ference achieves of itself exactly nothing. The work has to be done afterwards, and by those who voted for it. Then, with an affectionate greeting from Dr. and Mrs. Fisher, came the Bishop of Fulham to speak of Christi- anity in Europe. All the European Chaplaincies are his care. As he told us, he covers a wide area. Most illuminatingly he conducted us over the whole of it, telling us with the authority of personal knowledge just exactly what we wanted to know. Russia, emerging from the franti\ excesses of revolution and becomJog an ordered republic, was recognising afresh the right of Christianity to exist. The great atheistic broadcaster had been silenced; anti-religious laws and tests were being cancelled; the clergy had received again their civil rights; the churches were again opesl and practising Christians were allowJl without hindrance to practice th« religion. Was it mere policy? or wll it conversion? The answer was thfc Russia was essentially religious, ana Stalin was a supreme realist \\'h'b knew what the soul of his peopk demanded. In occupied EurodU Christians, whether Orthodox, Rom^B or Protestant, were magnificent ■! lo^^alty to their Master. In Germa^' itself the souls of the young w« poisoned; but among their elders \w a faithful remnant by which uncB God Germany might . yet be recoB. vei^ted by its own folk to its old fai^ There was a heartening word abcwK the Prisoner of War camps. Afw Dunkirk 39 padres who might haS got away preferred to remain wi« their men; and later when a call caiM for chaplains for the camps, 80 fl the clergy (some from Chester Di« cese) had volunteered. The campsi had their chaplains; and their work was magnificent. We came a' ay cheered and proud. SEPTEMBER ORDINATION, 1943 Deacons John Kenneth Byrom, B.A.. erf Selwyn College and Westcott Houm Cambridge. Licensed to Neston. f- Arthur Elliott Cannon, of Bishop Wilson College, Isle of Man. Licensed to St Thomas,' Norbury. | Priests Leonard James Ashton, of Cliftoi^ Theological College. . Richard Kenneth Routh Coath, ai\ Associate of King's College, London John Edwards Gumos Davies, B.A, of Christ's College and Westcof House, Cambridge. Thomas Heaton, of Clifton Theo logical College. Contributions to be sent to the Bishop's Secretary, Bishop's House, Chester, on or before 13th November. PHILLIPSON AlSfD GOLDER LTD., PRINTERS, CHESTER. CHESTER DIOCESAN LEAFLET No. 227 NOVEMBER, 1943 Circulation 48,000 THE BISHOP'S LETTER There can only be one subject for my short letter this month; and that is the tragically sudden death of the Editor of this Diocesan Leaflet. Arthur Cecil Dixon came to the Diocese as Rector of Thornton-le- Moors in 1925, and during the whole of his Ministry here gave most gener- ously of his gifts and abilities to many aspects of Diocesan work. He had been Rural Dean of Chester since 1935, and during the last five years examining chaplain to the Bishop, and Honorary Canon since 1937. He had been editor of the Leaflet since the resignation of the Vicar of Neston at the beginning of 1939. Our readers know very well the skill and vivacity with which he filled the editorial chair. If I may mention my personal relations with him, I would say that no Bishop can ever have had a more consistently loyal helper nor a more wise counsellor. He has left a blank in our Diocesan life which it will be most difiicult to fill. To his wife and family we extend our most sincere sympathy in their sad loss. May God give them His strength and His comfort. sic :ie ^ ^ The account (printed in this num- ber) of the recent Diocesan Confer- ence is from the late Canon Dixon's pen. It needs no commendation from me; but I would like to emphasise the point which he makes — namely, that the resolution of the Conference to raise a very large sum for the Church in China does call for the prayers and efforts of every mission- ary-hearted person in the Diocese, if this resolution is not to be merely an expression of a "pious hope." Douglas Cestr: Some of the Bishop's Engagements November, 1943 — 1 — Institution, Halton, 3-0. 2— Board of Moral Welfare, 2-15. 4 — Benefices Augmen. Fund, 11-30. Church Building Fund, 2-15. November Engagements — Contd. 7 — Confirmation, Tarvin, 11-0. 9 — Meeting, British & Foreign Bible Society, Town Hall, 7-0. 13 — Confirmation, Moreton, 3-0. 14 — Civic Service, Cathedral, 10-30. 15, 16, 17, 18, 19 — Meet'gs in Lon'on. 20 — Confirmation, St Paul, Tranmere. 21 — Civic Service, Stockport, 22 — Confirmation, B'head School, 3-0. 24 — Confirmation, St Paql, Boughton, 25 — Church Schools Executive, 11-30. 28 — Confirmation, Timperley, 11-0. Confirmation, Ch. Ch., Latchford. CATHEDRAL NOTES Parishes to be remembered in the •prayers of the Cathedral and for whose prayers the Cathedral asks. November 1, Toft; 2, Tranmere St Catherine; 3, Tranmere St Luke; 4, Tranmere St Paul; 5, Tushingham; 6, Upton-near-Chester; 8, Wallasey St Hilary; 9, Wallasey St Nicholas; 10, Walton; 1 1, Warburton; 12, Warming- ham; 13, Waverton; 15, Weaverham; 16, Werneth; 17, West Kirby St Bridget; 18, West Kirby St Andrew; 19, Weston; 20, Wettenhall; 22, Wharton; 23, Wheelock; 24, White- gate; 25, Whitewell; 26, Willaston; 27, Wilmslow; 29, Wincle; 30, Win- nington. THE DIOCESAN CONFERENCE The Conference met on September 23rd in the Refectory. In his address the Bishop paid just tribute to three who had passed to their rest: Canon Leigh-Mallory, and the Rev. T. Metcalfe; and a great layman, Arthur Hey wood, of Christie ton. The experi- ment of appointing a Bishop's Youth C-ha plain had already abundantly justified itself; while under Mrs. Lattey the work of Moral Welfare had so grown that it had become necessary to give her an assistant. The Rural Deans by their manifold unremitting labours had placed the diocese and its Bishop under a debt which could never be repaid. Most of them were appointed for a definite term, and seven of them had almost served out their sentence; their suc- cessors would take office with the UNIVERSITY OF ILLINOIS-URBANA 1 3 01 12 oe >2393126