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LAW REPORT.

No. LXIV.-ANALYSIS OF THE ACT OF 1&2 VICT. c. 106, ENTITLED "AN ACT FOR THE ABRIDGING OF THE HOLDING OF BENEFICES IN PLURALITY, AND FOR MAKING BETTER PROVISION FOR THE RESIDENCE OF THE CLERGY," BY THOMAS HOLT, SECRETARY TO THE LORD BISHOP OF GLOUCESTER AND BRISTOL.

THE first section repeals all that was left unrepealed of the Plurality Act of the 21 Hen. VIII. and the whole of the 57 Geo. III. c. 99, usually called the "Consolidation Act," except only so far as regards penalties incurred under the latter act, before the time of passing this act, and the proceedings for the recovery of such penalties.

Plurality.-Sects. ii. to xiv. No spiritual person holding more than one benefice, can take to hold therewith any cathedral preferment or any other benefice; and no spiritual person holding any cathedral preferment and also a benefice, can take to hold therewith any other cathedral preferment or any other benefice, and no spiritual person holding any preferment in any cathedral or collegiate church, can take to hold therewith any preferment in any other cathedral or collegiate church; but an archdeacon may hold with his archdeaconry two benefices (under the limitations of the act as to value, distance, and population), one of which benefices being situate within the diocese of which his archdeaconry forms a part, or one cathedral preferment in any cathedral or collegiate church of the diocese, of which his archdeaconry forms a part, and one benefice in such diocese. (§2.) And no spiritual person holding any benefice can hold therewith any other benefice, unless it be within ten statute miles from such first-mentioned benefice: (§ 3.) nor can a second benefice be taken even within the distance of ten miles, if the first benefice has a population of more than three thousand persons, and the second a population of more than five hundred persons; or, if the first

benefice has a population of more than five hundred persons, and the second a population of more than three thousand persons :-nor can the two benefices be held together, let the respective populations be what they may, if their joint yearly value shall exceed 1000l. (§4.) The strictness, however, of these enactments, with respect to value and population, is relaxed by section 5, which allows an incumbent holding one benefice below the yearly value of 1507. with a population exceeding two thousand persons, to hold with it, if the bishop think it expedient, another benefice within the prescribed distance without reference to the annual value or population of such second benefice. But the incumbent must, if the bishop shall so order, reside on the benefice having a population exceeding two thousand persons. ($5.) No second benefice can be hereafter held without previously obtaining a licence or dispensation from the archbishop of Canterbury, but no caution or security by bond is now requisite. (§ 6). A statement, however, of the particulars of the value of both livings must be made by the spiritual person who proposes to hold the second benefice. ($7.) The manner of estimating the annual value of two benefices is set forth in sections 8 and 10. Certificate of value, &c., to be retained by archbishop, and filed in office of faculties. (§ 9.) Acceptance of preferment contrary to the act will render all preferment previously held ipso facto void. (§ 11.) The rights of possession at the time of passing this act are saved, and sections 13 and 14 contain certain exceptions as to the

law of plurality, but they are of a temporary nature.

Uniting and Disuniting Benefices.

The

Sects. xv. to xxvii. The acts of the 37 Hen. VIII. c. 21, and 17 Cha. II. c. 3, for the union of churches, are repealed. (§ 15.) Two or more benefices in the same parish, or contiguous to each other, the aggregate population of which shall not exceed fifteen hundred persons and the aggregate yearly value of which shall not exceed 500l. may be united into and be deemed and taken to be one benefice with cure of souls. (§ 16.) If the income of the united benefice appear too large, a specified part of the glebe-lands, tithes, &c. with consent of patron and incumbent, may be excepted out of such united benefice, and annexed to some poor adjoining benefice for the perpetual augmentation thereof. (§ 17.) conveyance of such lands, tithes, &c. to be by deed enrolled in chancery, (§ 18.) and the approval of the bishop of the diocese to be conclusive evidence that such lands, &c. were of the proper value and were conveyed in accordance with the provisions of this act. (§ 19). No benefices to be united except in the form provided by this act. (§ 20.) Any two or more benefices heretofore or hereafter united may, if it be found expedient, after full inquiry and due notice,and no sufficient cause shown to the contrary, be disunited, and the union dissolved. If the united benefice be vacant, the disunion to take place forthwith-if full, then upon the next avoidance thereof. But no benefices, which have been united for more than sixty years, can be disunited, without the patron's consent. (§ 21.) If the united benefice be full at the time of its being disunited, the incumbent may resign one or more of the benefices, and patrons may thereupon present. (§ 22.) Powers for assigning and attaching such portions of the glebelands, tithes, rent-charges, and other endowments to each of such disunited benefices, upon the recommendation of the archbishop of the province, with the consent of the patron, as to her Majesty in council shall seem fit. (§ 23 and 24.) The glebe-house of disunited benefice, if inconveniently situated or too large, may be sold, and

the proceeds applied by the governors of Queen Anne's bounty, under the approbation of the archbishop and with the consent of patron and ordinary, towards the erection or purchase of such houses as may be required for the residence of the incumbent within each of the parishes so disunited. (§ 25.) Provisions for annexing separated or isolated places to contiguous parishes, and for constituting them separate parishes for ecclesiastical purposes. (§ 26). Doubts or disputes unforeseen at the time of uniting or disuniting benefices may, within five years after, be removed and settled by a supplemental order in council. (§ 27.)

Trading.-Sects. xxviii. to xxxi. Spiritual persons having ecclesiastical duties to perform are not to take to farm for occupation more than eighty acres, without the bishop's consent, and then not beyond seven years, under a penalty of forty shillings an acre. (§ 28.) No such spiritual person beneficed or performing ecclesiastical duty to engage in trade, or buy and sell for gain or profit, except in certain cases. (§ 29.) The preceding restrictions are not to extend to spiritual persons keeping schools, &c. But no spiritual person to buy or sell in person in any market, fair, or place of public sale. (§ 30.) Spiritual persons illegally trading may be suspended, and for third offence deprived. (§ 31.)

Residence. Sects. xxxii. to li. Every spiritual person holding any benefice to keep residence on his benefice and in the glebe house (if any) belonging thereto. And every such person absenting himself without license or exemption from such benefice or from such glebe-house (if any) for the periods mentioned in this act, is liable to the penalties set forth in section 32. In cases where there is no house, or no fit house of residence, the bishop may, by license under his hand and seal, constitute some convenient house (provided such house be within three miles of the church, or if it be in a city, or market or borough town within two miles of the church) the legal house of residence of such benefice. (§ 33.) And houses purchased by the governors of Queen Anne's bounty may, if convenient and suitable

be deemed the houses of residence for such benefices. (§ 34.) Rectories having vicarages endowed or perpetual curacies, the residence of the vicar or perpetual curate in the rectory house deemed legal residence. ($35.) The widow of an incumbent may occupy the glebehouse two months after incumbent's decease, in case incumbent resided in it at the time of his decease. (§ 36.) Certain persons exempted from the penalties for non-residence by section 377, and privileges conferred upon certain other persons for temporary nonresidence. ($38.) The performance of cathedral duties accounted as residence under certain restrictions. (§ 39.) The rights of spiritual persons in possession of any benefice at the time of passing this act, and who by the law previously in force were entitled to exemption or to apply for a license of non-residence, preserved by section 40. If the house of residence is not kept in repair, and incumbent not resident therein, he will be liable to all the penalties of nonresidence notwithstanding license of non-residence. Power given to the bishop to cause a survey to be made of the state of repair of glebe-house; and if out of repair, to monish incumbent to repair same. (§ 41.) Every petition for a license of non-residence to be in writing, and to state certain particulars otherwise it will not be lawful for the bishop to grant the license. (§ 42.) Licenses of non-residence may be granted by the bishop in the several cases enumerated:-in case of his refusal an appeal lies to the archbishop who may confirm refusal or direct bishop to grant license. (§43.) In cases not enumerated the bishop may grant licenses of non-residence subject to allowance by the archbishop. (§ 44.) Licenses of non-residence not to continue in force after the thirty-first of December in the year next after the year in which they are granted, (§ 46.) the fees for which are regulated by § 47. Licenses of non-residence not to be void by death or removal of grantor, (§ 48) but they may be revoked. (§ 49.) Copies of licenses of non

residence and revocations to be filedin registry, and list kept for inspection. Copies also are to be transmitted to churchwardens, and publicly read at the visitation (§ 50.) List of licenses allowed by the archbishop to be annually transmitted to the Queen in council, who may revoke same, but licenses to be deemed valid between grant and revocation. (§ 51.) Spiritual persons having no cause of exemption or license of nonresidence, and not residing on their benefices, the bishop may enforce residence by monition and sequestration. (§ 54.) This sequestration may be appealed against, but if incumbent returns to residence in consequence of monition he must pay all costs. (§55.) And if incumbent should, after returning to residence on monition, again absent himself within twelve months, the bishop may without further monition sequester the benefice, but an appeal lies to the archbishop. (§ 56.) Penalties incurred for non-residence may, in certain cases, be remitted. (§ 57.) Benefice continuing sequestered for disobedience to bishop's monition or order to reside, one whole year, or if two such sequestrations be incurred in two years, and not relieved with respect to either of such sequestrations, the benefice to become void, and patron may present thereto as if the incumbent were dead. (§58.) Contracts for letting glebe-houses in which spiritual persons required by the bishop to reside, to be void; and tenant holding over after expiration of notice liable to a penalty of forty shillings per day. ($59.) No spiritual person. liable to penalty for non-residence while tenant occupies glebe-house. (§ 60.) The vicar's oath of residence is abolished. (§ 61.)

Glebe Houses.-Sects lxii. to lxxiv. Upon or after the avoidance of any benefice, the bishop is to issue a commission to four beneficed clergymen, one of whom is to be the rural dean, (if any) directing them to inquire whether there is a fit house of residence, and what are the annual profits

See Hodgson's Instructions to the Clergy (5th Edition), for forms of petitions, as well as for other forms, relating to ordinations, licenses, institutions, &c. &c.

of such benefice; and if the clear annual proceeds exceed 100., the commissioners are to report whether a fit house can be conveniently provided on the glebe of such benefice, or on land which can be conveniently procured for the site of such house. In case the commissioners should report that the value of the benefice exceeds 1007., and that a glebe-house can be provided, the bishop, after procuring plans, estimates, &c., and submitting them to patron and incumbent (if any), is to raise by mortgage of the glebe lands, tithes, rent-charges, &c., such sum as the estimate shall amount to (after deducting the value of timber or other materials) not exceeding four years' net income. Every mortgagee to execute counterpart of mortgage, to be kept by incumbent for time being, and a copy registered in the bishop's registry. (§ 64.) In cases of failure in payment of instalment of either principal or interest, mortgagee may distrain. (§ 65.) The money borrowed is to be paid to the nominee appointed by the bishop, who is to contract for

the new works, to see them executed, and to pay for them, &c. (§ 66.) The benefice may be mortgaged for thirtyfive years, and principal and interest must be repaid in the manner pointed out by section 67. Provision made for apportioning payment of principal and interest in case of death or other avoidance. (§ 68.) Where new buildings are necessary for the residence of the incumbent, the bishop may purchase any conveniently situated house and a certain portion of land, to be conveyed to the patron in trust for the incumbent for the time being; and powers are given to the bishop to raise the money by mortgage to the extent of four years' net annual income. (§ 70 & 71.) The governors of Queen Anne's bounty empowered to lend money at four per cent., and the colleges in Oxford and Cambridge to lend money without interest. (§ 72 and 73.) The person nominated to receive, pay, and apply the money raised as aforesaid, may be allowed for his trouble not exceeding five per cent. (§ 74.)

(To be continued.)

MONTHLY REGISTER.

CHURCH SOCIETIES.

Society for the Propagation of the Gospel.

LETTERS lately received by the Society from the Bishop of Montreal, mention the urgent want of additional Clergymen, and especially of travelling Missionaries, in both Upper and Lower Canada. The same deficiency is complained of in the diocese of Nova Scotia; as appears by the following extracts of a letter from Archdeacon Coster, dated Fredericton, New Brunswick, February 9, 1839.

"The greatest anxiety is expressed in every quarter for the speedy appointment of a travelling Missionary

We have now no less than400%. set apart for paying the expenses to be incurred in travelling; and any person or persons who may be appointed

to that service, would meet, I am persuaded, with the kindest reception and the most liberal encouragement."

BARBADOS.

The Bishop sailed from Falmouth, on his way back to his diocese, the 3d of March. His Lordship took with him Mr. Charles Sims, as catechist and schoolmaster.

Extracts from Letters.

"Barbados, Jan. 19, 1839. "Our freed people here, and in most of the colonies (British Guiana seems the chief exception), are sitting down quietly in their new position, which they now begin to understand. At first, as was natural, they were a little intoxicated, imagining themselves to be I know not what. Am I not free?' was the constant question, supposing freedom to bring with it

some unheard-of exemption from the common obligations of life. Their manner is now more sober, and I hear of no general complaints. Landed property both sells and rents at high terms. From the first I had little fear for the result, even as regards property. As regards moral and religious improvement, the prospect is far brighter than it was.

"I had the satisfaction of laying the corner stone of two chapel-schools in Christchurch parish, in this island, the day before yesterday.

"With a lively sense of our obligations to the venerable Society, I remain, &c."

JAMAICA.

"There are no less than thirteen curacies vacant in this diocese, and nearly twenty national schools waiting for masters.'

The Society has recently sent out two schoolmasters, and one gentleman as catechist, with prospect of ordination. A clergyman has also been appointed.

MADRAS.

Extract of a letter from the Bishop, dated Jan. 8, 1839:

“I had this morning the happiness to confirm in our beautiful church at Vepery, one hundred and twenty-five native Christians, who I am assured may be called Christians indeed. It was a very touching sight; and when I addressed them, which I did at some length, through the agency of the Rev. Mr. Taylor, who acted as my interpreter, I could not restrain my feelings. The candidates were of all ages, from fourteen to seventy. Our beloved Society is indeed doing good; and we may humbly hope, that God who has blessed its exertions will bless them still.

"I will only add, that my heart is sincerely in the cause; and that I heartily pray that the great Head of the church may be pleased to prosper your labours and ours, in spreading throughout India the knowledge of the everlasting gospel."

From the Rev. A. C. Thompson, Jan. 11:

"The Primary Visitation commenced yesterday; and the Charge was delivered in the cathedral. Our

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Salisbury Diocesan Church Building Association.

THE General Committee of the Salisbury Diocesan Church Building Association was very numerously attended.

There were present the Lord Bishop of Sarum (in the chair), the Very Rev. the Dean of Salisbury, the Archdeacons of Sarum and of Wilts, Mr. Canon Clarke, Alexander Powell, Esq., the Hon. and Rev. Canon Bouverie, the Revs. Charles Wrottesley and W. Dansey, A. Hussey, Esq., the Revs. W. E. Honey, W. Buller, D. I. Eyre, and N. Smart, I. H. Jacob, Esq., the Treasurer, and the Rev. G. P. Lowther, the Secretary of the Association. The minutes of the last quarterly meeting were read, and the report of a subcommittee appointed to take into consideration the propriety of appointing a Diocesan Surveyor or Architect was presented, strongly recommending the appointment of such an officer, to investigate the plans presented to the Committee, and report on the same. Mr. T. H. Wyatt was elected to fill this office.

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