CHAP. II. OF RIGHTS AND DISABILITIES. SEC. I. Of the Rights and Disabilities of School masters. different of the con THE rights of Protestant Dissenting schoolmasters, In what duly qualified, are în most respects similar to those respect of conformists in the same profession; their exclusion, from those however, by statute, from public appointments, except formists. among Dissenters, has been already noticed; but this does not apply to the appointment of a Dissenter to deliver lectures in the school-room of a charity when not used as a school, in which, by a proviso of the original trust, no doctrines shall be taught contrary to those of the church of England, the subscribers contributing the amount of his salary: nor is such appointment a contravention of the original trust (a). Dissenting schoolmasters who hold their situations for life, or quamdiu se bene gesserint, and are not removeable but for good and sufficient cause, if they have a sufficient interest in land, are entitled to vote in respect thereof, for members of Parliament (6). SECT. II.-Of Charity and Free Schools. they are In the absence of express provisions to regulate of the rethe appointment of tutors and masters to those insti- gulations tutions among Protestant Dissenters to which they by which are eligible, it is apprehended that usage must supply governed the rule, as to their election, admission, duration in office, suspension, removal and restoration (c). Subject to a certain extent to this rule, the ordinary (a) In re Macclesfield School, M. 1818. 6 Price, 214. (b) Male Elect. 273. Vide supra, p. 77, n (a); and also Witherall v. Gartham, 6. T. R. 396, 398. regulations of the courts of Equity apply to the institutions of Protestant Dissenters (a). But it must be observed of such institutions in general, that they are regarded with some degree of suspicion, as being conducted by unlicensed teachers, under no regular authority, the nature of the books being seldom ascertained, and the tutors and teachers frequently employed only for a limited or uncertain period: and although the courts will interpose on behalf of such institutions, to enforce their particular provisions, where no other objection occurs, yet where a degree of uncertainty exists as to the design of the trust, they will sometimes avail themselves of that circumstance to modify the use (b). This subject will be further noticed in a future section of the charities and trusts of Protestant Dissenters. Assemblies of no more than twenty persons. PART IV. OF THE LAWS RELATING TO PROTETSANT DIS- CHAP. I. OF RESTRICTIVE ENACTMENTS. SEC. I.-Of Assemblies not requiring registration. A CONGREGATION or assembly for the religious worship (c) of Protestants, at which are present no Vide Moggeridge v. Thackwell, 7 Ves. 50 (n). (a) The 58 Geo. 3, c. 91, and 59 Geo. 3, c. 81, regulating charities for the education of the poor, did not extend to Quakers. (b) Attorney General v. Stepney, T. 1804. 10 Ves. 22. (c) Reading prayers, or a sermon to a family, is not construed to be divine service, 2 Atk. 499. more than twenty persons, beside the immediate family and servants of the person in whose house, or on whose premises such meeting, congregation, or assembly is held (a); or in the case of Quakers, a congregation or assembly consisting of no more than four persons beside those of the same household, if held in a house inhabited by a family, or if in a house, field, or place where there is no family inhabiting, then no more than four persons (b), may meet without certificate and registration; and such an assembly is placed on the same footing of protection as one that is duly certified and registered. of more than twenty SEC. II.-Of Assemblies requiring registration (c). No congregation or assembly for the religious Assemblies worship of Protestants, at which are present more than the numbers respectively mentioned in the pre- persons. ceding section, of Protestant Dissenters in general, or of Quakers, is permitted or allowed, if not duly certified under some act or acts prior to the 52 Geo. III., c. 155 (under which prior act or acts the Quakers must still certify) (d), unless and until the place of meeting shall have been, or shall be certified to the bishop of the diocese, to the archdeacon of the archdeaconry, or to the justices of the peace, at the general or quarter sessions of the peace for the (a) 52 Geo. 3, c. 155, s. 2. It does not include Quakers. (b) 22 Car. 2, c. 1, s. 1, limits the number, it is presumed, as to Quakers. (e) 52 Geo. 3, c. 155, s. 2. The registry and certification should be according to the 1 W. & M., s. 1, c. 18, in order to (d) Vide the 1 W. & M., s. Who may certify. county, riding, division, city, town, or place in which such meeting shall be held; of which places of worship so certified respectively, reciprocal returns shall be made once in the year, between the bishop's or archdeacon's court, and the quarter sessions. And all such places shall be registered in the bishop's or archdeacon's court respectively, and recorded at the general quarter sessions, by the registrar or clerk of the peace, who is required to register and record the same; and the bishop, or registrar, or clerk of the peace, to whom any such place of meeting is certified under this act, must give a certificate thereof, to any person demanding the same, for which no greater fee than 2s. 6d. shall be taken. Under these acts, any Protestant Dissenter may certify a meeting-house (a), and the certificate and registry being no proof of the requisite qualification, the duty of registering is purely ministerial; and a mandamus issues against the person on whom it devolves, to compel performance. Yet such person, it seems, may return the want of requisite qualification; but if the return is false, an action lies against him, at the suit of those persons at whose instance the mandamus issued; and it should be brought in the King's Bench, in order to make it the basis of a peremptory mandamus (b). If a conviction on these acts undertakes to negative such exceptions as are proper ground of defence, and does not negative all of them, the omission is (a) Green and others v. shire, 1 W. Blk. 606; 4 Burr. 1991, S. C. not fatal; but the exceptions negatived may be rejected as surplusage (a). Places of worship not authorised by the Toleration UnauthorActs, are still deemed illegal, and subject those who ised places still illegal. attend them to the penalties already specified in a preceding chapter (b). The penal consequences of permitting unlawful assemblies to be held, and of officiating at them, either with or without permission of the occupier of the premises, have been already sufficiently stated (c). SEC. III.-Of Open Assemblies. &c. No meeting, assembly, or congregation for religi- Fastening the door, ous worship, requiring a certificate, may be held in any place, with the door locked, bolted, or barred, or otherwise fastened, so as to prevent any persons entering therein during the time of such meeting (d); but this prohibition does not extend to the meetings for discipline among Quakers, although there may be occasionally, praying and preaching in them (e). The penalty incurred by the minister officiating in such places, has been already noticed (f). (a) R. v. Hall, 1 T. R. 320. (b) Vide supra, pp. 54, 56. The 57 Geo. 3, c. 19, excepts from the provisions against seditious meetings and assemblies, the meetings or societies of Quakers, and all other meetings for religious or charitable purposes only; it also excepts Quakers' meetings for charitable or religious pur- masons. (c) Vide supra, pp. 57, 69. (d) 52 Geo. 3, c. 155, s. 11. (e) Finch v. Batger, Guildhall, N, P. per Macdonald, C. B. (f) Vide supra, p. 69. |