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THE LAW RELATING TO PROTESTANT CURATES, AND THE ^icsibcntc of Incumbents. THE LAW RELATING TO PROTESTANT CURATES AND THE Ecstbcncc 0f Jncumknis on tljm gcncfias IN ENGLAND AND IRELAND. C. D. FIELD, M.A., LL.D., LiiU Scholar of Trinity College, Dublin ; and now of H.M.'s Bengal Civil Service Recently fudge of tlie Principal Court of Small Causes at K ishiiagJnir ; and Registrar of H.M.'s High Court of Judicature at Fort William in Bengal: A uthor of " The Law of Evidence in India," &'C. 6r'C. " IGNOKANTIA JURIS, QUOD QUISQUE SCIRE TENETUR, NEMINEM EXCUSAT." LONDON : BUTTERWORTHS, 7, FLEET STREET. iLatD ^ubltsl)crs to i^t (QuEcn's pHast iSiccllent faaif&tg. HOUGES, SMITH, AND CO., GRAFTON STREET, DUBLIN. 1870. LONDON : R. CLAV, SONS, AND TAYLOR, rRINTF.R!: BRRAD STREET HIM.. l?T^ ^0 mn Jfatljcr, A CURATE FOR THREE AND THIRTY YEARS IN THAT CHURCH WHICH HAS MOST JUSTLY BEEN DISKSTAUIJSHED, Cbis fiitlc Morh IS DEDICA'IED, AS A SMALL TOKEN OF FILIAL GRAilIUl>K FOR THAT CARE WHICH, AMID THE A'^^' A.VGUST.-E OF A CURATES HOME, YKT FOUND THE MEANS OF (iUlDlNG MINE EARLY FOOTSTEPS INTO THE PATHS OF KNOWLEDGE. PREFACE. " Interest rcipubliccc nt sit fnis litimiiy The only method of diminishing the number of civil actions which legislation has discovered is the device of limitation, which forbids a suit, unless preferred within a certain time after the cause of action has arisen. The influence of civil government has never been effectually directed to prevejit those lites which, once moved, can only be set at rest by the final decision of a judicial tribunal. It was for a long time supposed that punitive measures were the only available means of suppressing crime. Bentham advocated the great efficacy of preventive measures, calling into operation with wonderful practical effect (as the event has proved) the trite maxim " pre- vention is better than cure." Whether any similar principle shall be discovered to be applicable to civil litigation, so as to be effectual in reducing the enor- mously increasing number of civil suits, is a question viii PREFACE. to be solved by future progress. Meanwhile it is certain that, if men knew exactly their rights and liabilities, and were conversant with the law which defines those rights and liabilities, there \\-uuld be far fewer disputes and far less litigation — Ignorant ia juris, quod qnisquc scire tcnctnr, ncnwicm cxcusat. The conclusive or irrebuttable presumption, that every one is supposed to know the law, is doubtless necessary to the administration of civil as well as criminal justice. lUit the legal maxim is here rather a legal fiction ; and the age of such fictions is passing away. Would it not then be well to turn the fiction into a realit)' by making some study of the law relating thereto a necessary element in the course of training for ever}- profession and calling in life .' Those who ha\'e had experience in such matters know that a very large proportion of the cases which occupy the time and attention of courts of justice arise not from an}' dispute as to facts, but from ignorance of the law which regulates rights depend- ing upon facts which cannot be disputed. That this is true of the great majority of cases in their incep- tion cannot be denied even by those who would a\'oid the consequences of the conclusion to which the admission of the abo\e pro[)ositi(Mi must ine- vitably lead. As the contest progresses, however, new facts are added, and the effect of their bearing PREFACE. ix on the original facts and the general effect of the whole together become gradually more obscure, and the connexion of the incidents more entangled, until the lawyers alone can throw light on the darkness and unravel the tangled skein ; and the parties, having fought their fight in the judicial arena, depart sadder, and wiser — by a very little, but having paid a great price for that little accession of knowledge. In how many cases would all this be prevented if the parties had at the first a clear knowledge of their mutual rights, and so light enough to avoid drifting into that restless sea of trouble, from which litigation alone can effect a doubtful kind of delivery. I am well aware that, in- the present state of our law, it would be no easy matter for those who follow any profession or calling in life to attain to a satis- factory acquaintance with the law with which they are immediately concerned, and which is scattered through numerous volumes, the purchase of which would be too costly, and the leisure to study which would be wanting, more especially in this very busy age. We have drifted into that chaos which pre- vailed in ancient Rome before Justinian introduced order and system, and amalgamated conflicting laws, and ordinances, and constitutions, and precedents in a simple Code, Avhich he who runs may read. No doubt, an English Justinian will arise in due time, X PREFACE. and England will do for herself at home what she is now effectually accomplishing for her dominions in the East. There are not wanting indications that, as at Rome the tide of progress returned with gathered strength from the countries of the Latini and Pere- grini, whither it had first ebbed forth from the Immortal City, so in our own nation and in our own times the path of progress we are treading in the East may lead us back enlightened to sweep away the webs and technicalities of a system, hitherto sacred from the profane hands of the Reformers only because hallowed by Time and Tradition. It may be that the light, which passed from the West to the East, returning from the Orient with renascent efful- gence, and bringing out in broad relief the errors of a structure magnificent in its proportions, colossal though not uniform in its design, venerable in part for its antiquity, which yet in many places consorts not with the splendid additions of modern days, may induce an eftectual conviction of the necessity of erecting, after a design suited to this present age, an edifice worthy of a free, a great, an enlightened, and a practical nation ; congruous in all its parts ; useful and commodious in the plan of its interior arrangements ; not void of suitable external decora- tion ; and no unworthy memorial of the age and of the people to whom it will owe its erection. PREFACE. xi Meanwhile, those who cannot have perfect day, must make the most of such light as they have ; and the use even of a lantern may save from mishaps in the dark. In this view the following pages may be found serviceable to the members of the clerical profession, in enabling them to avoid those evils which ignoraiitia juris occasions in this no less than in other professions and walks of life. To others than the members of that profession — whatever necessity there may be held to exist in England for acquaintance with matters of Eccle- siastical Law — in Ireland, and at the present time, there can be no doubt as to the importance of such knowledge, seeing that all alterations and modifications in the present ecclesiastical law, and all future legislation connected with the Church of that country, will, after the ist of January, 1871, be made in synods or conventions, in which the statute requires that the laity as w^ell as the clergy be represented.^ A knowledge of the law as it is must precede a discreet exercise of the power to alter and modify ; and acquaintance with what has been done in the past is the only safe guide to innovation and reformation which will bear good fruit in the future. The following pages are designed to supply in- ^ SS. 19, 20, 22, 32(1 and 33(1 Vict. cap. 42. xii PREFACE. formation connected with one particular branch of the subject. Should they be found useful to any of those who have occasion for such information. the task of gathering together the ijortimis o{ law contained in this little work will nut have been undertaken in vain by Till'; AuTiiDR. Inner Temple Library, December 24///, 1S69. CONTENTS. CHAPTER I. PAGH ORIGIN OF CURATES I — 14 CHAPTER n. DIFFERENT KINDS OF CURATES — PERPETUAL CURATES . . I5 — 19 CHAPTER HI. UNLICENSED CURATES 20— 22 CHAPTER IV. LICENSED CURATES OF RESIDENT AND NON-RESIDENT IN- CUMBENTS — AT COMMON LAW 23 — 38 CHAPTER V. LICENSED CURATES OF RESIDENT AND NON-RESIDENT IN- CUMBENTS- — UNDER THE PROVISIONS OF THE STATUTE LAW 39-45 CHAPTER VI. THE PROVISIONS OF THE 1ST AND 2D VICT. CAP. I06, FOR ENGLAND, AND OF THE 5TH GEO. [V. CAP. 9I, FOR IRELAND— RELATING MORE ESPECIALLY TO THE RESI- DENCE AND NON-RESIDENCE OF INCUMBENTS . . . 46 — £o CONTENTS. CHAPTER VII. PAGE THE PROVISIONS OF THE 1ST AND 2D VICT. CAP. I06, AND OK THE 5TH GEO. IV. CAP. 9I, WHICH RELATE MORE ESPECIALLY TO THE LICENSED CURATES OF RESIDENT AND NON-RESIDENT INCUMBENTS 81 — I4I CHAPTER VIII. I LAW now AFFECTED IN IRELAND BY THE PROVISIONS OF THE IRISH CHURCH ACT, 1869 (32D AND 33D VICT. CAP. 42) 142 — 156 INDEX 157 TJie following Works and Editions are referred to : — Bingham's Reports (Common Pleas). . Biiii^h. Brodrick and Freemantle's Ecclesiastical Cases relating to Doctrine and Discipline. Lond. 1865 Brod. Bullingbrooke's Ecclesiastical Law. Dub. 1770 • • • • Bull. Bum's Ecclesiastical Law (ninth edition), by Philliniore. Lond. 1842 Bunt. Cripps' Law relating to the Church and Clergy (fifth edition). Lond. 1869 Crip. Dale's Clergyman's Legal Handbook (fourth edition). Lond. 1866 Dale Johnson's Clergyman's Vade Mecum (fourth edition). Lond. 1 731 7"^'"- Gibson's Codex Juris Ecclesiastici Anglicani. Oxf. 1761 . . Gib. (rrant's Treatise on the Law of Corporations. Lond. 1 850 . Grant. Poole V. the Bishop of London. Lond. 1864. Rogers' Ecclesiastical Law (second edition). Lond. 1849 . Bog. Spelman's Canons. Stephen's Laws relating to the Clergy. Lond. 1848 . . . Sfcph. Stillingfleet's Ecclesiastical Cases. Lond. 1698 Still. Watson's Clergyman's Law, or The Complete Incumbent. Lond. 1767 Wat. THE LAW RELATING TO PROTESTANT CURATES, THE RESIDENCE OF INCUMBENTS ON THEIR BENEFICES. CHAPTER I. ORIGIN OF CURATES. " Curate " is a word of ambiguous signification. It sometimes denotes the incumbent in general, 11 1 r 1 T 1 • meaning of who has the cure oi souls. In this sense it .theter^n^^ , . . . f c~r 1 r^ '^ Curate." IS used in a constitution oi fohn Stratford. (Bull, i. p. 534.) It is, however, most frequently used to signify " a clerk not instituted to the cure of souls, but exercising the spiritual office in a parish under the rector or vicar." (Burn, ii. 54 ; i H. Bl. 424 ; Rog. 303; Crip. 177; Steph. i. 379.) In Johnson's "Vade Mecum " it is said : " In a large sense all benefices with cure of souls were called cures ; and the offi- ciating clergyman, whether incumbent or substitute, 15 THE LA IV RELA TING TO is in the Liturgy and Canons often called a Curate : but vulgarly he is called a Curate, who represents the incumbent and officiates in his stead. His office or benefice (for so his salary or quota settled on him by the incumbent or bishop is sometimes called) is styled a curacy." (i. 94.) The use of the word in this double sense will be best understood by tracing the oriefin of Orifrin of y t> ts thejirst curates. In the case of Rcnncll v. The curates. Bishop of Li)icobi (3 Bingh. 261) Mr. Justice Park gave the following account : — " It is well known that, in the early periods of the Church in this country, \.\\c parochia, or parish, was the episcopal dis- trict, the bishop and his clergy living together at the cathedral church : and all the tithes and oblations of the faithful were brought into a common fund for the support of the bishop and his college of presbyters and deacons, for the repair and ornament of the church, and for other works of piety and charity. "While this state of things continued, in the in- fancy of society, the stated forms of religion were per- formed only in those single choirs to which the people of each whole diocese, or parochia, rcsoY^cd, especially at the more solemn seasons of devotion. But to sujiply the inconveniences of distant and difficult access, the bishop was wont to send forth some of his i:)resbytcrs into the remotest parts as a kind of missionaries to be preachers and dispensers of the Word and Sacra- ments ; and these missionaries returned from their circuits to their homes — that is, to the episcopal col- lege — to give the bishop a due account of their labours PRO TES TA NT C URA TES. and success. But as the wants of society for spiritual instruction increased, and when the members of the episcopal college or the deans and chapters found it inconvenient themselves to go forth as above- mentioned, certain churches were allotted, some by lay patrons (where they had the patronage given them as a compensation for having built and endowed churches, which, as I before mentioned, ivas the founda- tion of hi)' patronage) ; some by the bishops to the prebendal body at large ; some to one particular member of the body : or the individual member sent out priests to do the duty, paying them certain sums for doing so, and retaining the remainder to himself, or allowing them to receive the profits, reserving a certain rent to themselves. ... In pro- cess of time those representative curates, who were to account for their profits, and only to receive a small pecuniary stipend for their services, were so ill paid that the bishop obliged the members of churches who had such advowsons, to retain fit and able capellans, vicars, or curates (for these titles all meant the same office), with a competent salary ; and this plan failing in its effect, the bishop again inter- fered and obliged the clergy (that is, the chapters, or the single canon or prebendary in whom the per- petual advowsons in right of the chapter or in right of his prebend, of which he was seized yV/n' ecclesicB, was vested) to make the presentation to perpetual vicars to be endowed and instituted, who should have no other dependence on their spiritual patron than rectors had upon their lay patrons, with a com- B 2 THE LAW RELATIXG TO petent maintenance to be taxed and assigned by the bishops." (See also Van Espens, Jus EcclcsiasticiDii Ufiiversion, torn. i. p. i6.) Mr. Cripps also points out that a vicar (vicarins), as distinct from a rector, was little more than a stipendiary curate of the present day, being a minister deputed or substituted by the spiritual corporation, who held the revenues of the benefices, to perform the ecclesiastical duties in their stead ; that usually, though not always, he was one of their own body, his stipend was entirely at their discretion, and he was removable at their caprice. The evil results of such a practice are apparent. An attempt was accordingly made to arrest the evil by legislation ; and after one or two statutes had been made and found ineffectual, it was at length enacted (4 Hen. IV. c. 12), that the vicar should be a secular ecclesiastic, perpetual, not removable at the caprice of the monastery, canonically instituted and inducted, and sufficiently endowed at the discretion of the ordinary to do divine service, to inform the people, and to keep hospitality. In this manner the present vicarages came into existence. From' the above it will be evident that the first curates were the vicarii, or substitutes of the spiritual corporations (who held the revenues of the benefices), whose position the interference of the Legislature had regulated and improved, so that they became incum- bents having the cure of souls. Thus the use of the word, in its first signification, was the earlier use in point of time ; and this very signification is connected with the origin and historv of those who were first PROTESTANT CURATES. 5 denominated * curates.' Ducange {Gloss.) defines ' curatus ' to be ' curio,' ' sacerdos ecclesiae,' vidgo 'cure,' i.e. 'a priest;' and this undoubtedly is the original meaning of the word. The ecclesiastic, who first made circuits among the people, and afterwards became resident among them, and charged with the cure of souls,^ was 'the priest,' the 'cure' in France, the ' curate ' in England. In this sense the word is used in the canons of the Church and in the Prayer Book. (See also 29 Car. II. c. 8.) But this priest or curate {curates) was the vicarius of the religious corporation who deputed him, and hence something of the representative character of the vicarius attached itself to the meaning of the word curatus, and in course of time it may easily be supposed that the two words became partly synonymous. We have seen how the requirements of society in its earlier stage of progress created a neces- ° f iy Origin of sity for some more definite and permanent modem ^ '■ curates. presence of the Church among the body of the people than that afforded by the casual visits of an ecclesiastic from a college or monastery, often too distant to allow of the priest being summoned on the arising of any urgent occasion requiring his presence and offices, even supposing the rank of the person requiring such were sufficiently high to induce a ^ As the vicar is endowed with separate revenues, and is now enabled by the law to recover his temporal rights, without aid of parson or patron, so he hath the whole cure of souls transferred to him by institu- tion from the bishop, the chief consideration for assigning of a per- petual endowment to a residing presbyter being the perpetual discharge f'-'-m thp cure of souls. (Gib. i. 719.) THE LA W RELA TING TO special journey. The vicars,^ who became in con- sequence resident amoni^ the people, and the rectors, who were created by lay endowments, and were (at first certainly) also resident, for a time supplied all the demands of the public for religious service and instruction. As population increased, more especially in the great centres — large towns and cities — the rector or vicar alone became in many places wholly unable to discharge the duties of a large and increasing parish without assistance, and, in order to afford him this assistance, the services of another clergyman became necessary.'- Before, however, we come to this part of the subject, it will be necessary to notice a practice to which, more especially, may be traced the origin of modern curates. I refer to that practice, which has been the subject of so much legislation, by which one person was permitted to hold several benefices. For- merly, as now, many younger sons of good families entered the Church as a means of providing a tem- poral living, and trusting to the interests of their relations to obtain places and preferments therein — not in vain, for most of them became pluralists. As, however, the pluralist could only reside on, and per- sonally discharge the duties of, one benefice, it became necessary to make some provision for the discharge by deputy of the spiritual offices in those ^ About the bet^inning of tlic reign of John may be assigneil as the date of the beginning of vicarages. (Gib. i. 719.) - .See Canon 13 : " Every minister being possessed of a benefice, that hath cure and charge of souls, ahhougli he chiefly attend to preaching, and hatli a curate under him," <.Vc. This seems to indicate a curate of % resident incumbent. PROTESTANT CURATES. upon which he was non-resident. This was enjoined by the Canons of the Church, and, when their autho- rity was found insufficient, the Legislature interfered. These deputies and their position forcibly recalled to mind the vicarii of the religious corporations. Like these vicarii, they were priests resident on the spot, and the subordinates and substitutes of others at a distance. Hence, they also were naturally called ' curates,' and this appellation was the more exclu- sively given to them, as the former deputies had appropriated in their new position the other term, and were known as ' vicars ' par excellence. It may even be supposed that something of dignity was added to the latter term thus appropriated, from the idea of those who held it being vicars or visible representatives of the Church among the people, something of that grandeur entering into the idea, which has induced a certain potentate to style him- self Christ's vicar on earth. This became all the more natural when the monasteries and other reli- gious bodies were abolished, and there was no visible existing power of which they might be regarded as the representatives. The term 'curate ' was therefore apphed to the deputies of non-resident incumbents from the very nature of their position, and, for the above reasons, was soon used almost exclusively to denote a class, which soon came to include also persons appointed to assist resident incumbents, who were unwilling or unable to discharge the whole of the duties. At the same time, the retention of the word in its first and earlier signification in the Prayer THE LAW RELATING TO Book, in the Church Canons, and in several Acts of Parhament, has prevented this use of it from becoming obsolete. The origin of modern curates may thus be distinctly traced to two sources, viz. fust, the non- residence, rcsidcncc of pluralist incumbents ; secondly, the want of assistance in large parishes arising from increase of the population and its results. Of these two sources, the first is especially important in connexion with our more immediate subject. In the 22 Henry III. we find bishops directed to take care that parochial duties be discharged by a resident minister, according to the ancient constitutions. By the 9 Edward II. cap. 8, clerks in the King's service were discharged from residence; showing that resi- dence was required of those not included in the exception. By the 2i Henry VIII. cap. 13, every person promoted to any dignity or benefice was required to be personally resident. This Act was found ineffectual, and accordingly the 28 Hen. VIII. cap. 13 — after reciting that divers persons, to defraud the former statute, do resort to the universities, con- suming their time in idleness, and neglecting their cures, and occupying the rooms of poor scholars — provides that such persons shall not be excused from residence on their cures by staying at the univer- sities, unless they attend lectures and keep exer- cises. Certain exemptions were made in favour of the chancellor, vice-chancellor, professors, &c. Residence being avoided by acting as chaplain to certain dignitaries, the 25 Henry VIII. cap. 16, was PROTESTANT CURATES. passed to limit the number of persons permitted to have chaplains. In order further to enforce residence, the 13 Eliz. cap. 20, enacted that no lease of benefice with cure should be good any longer than the lessor was resident, and that an incumbent absent more than eighty days in a whole year should forfeit a year's profit, to be distributed by the ordinary among the poor of the parish. These enactments speak clearly of the existence of an evil which they were designed to remedy. There had, moreover, been several constitutions of Stephanus and of Otho, re- quiring that no persons be admitted to a vicarage but such as were willing to reside ; and an oath of residence was even required by one constitution.^ Notwithstanding all these provisions, it must be supposed that many who had interest, or were other- wise sure of escaping the penalties of non-residence, did not reside on their cures ; and, as long as the holding of pluralities was permitted by lav/, pluralists had a good excuse for not residing on all the bene- fices held by them save one. It accordingly became necessary to make provision for this state of things. The 41st Canon of 1603 required the pluralist to have under him, in the benefice where he did not reside, a preacher lawfully allowed, able sufficiently to teach and instruct the people. The 47th Canon directs that " every beneficed man, licensed by the ^ The 1st & 2d Vict. c. io6, s. 6i, for England, and the 5th Geo. IV. c. 91, s. 33, for Ireland, enact that no oath shall be required of or taken by any vicar in relation to residence on his vicarage, any law, custom, constitution, or usage to the contrary notwithstanding. JO THE LAW RELATING TO laws of this realm, upon urgent occasions of other service, not to reside upon his benefice, shall cause his cure to be supplied by a curate — that is, a suf- ficient and licensed preacher — if the worth of the benefice will bear it. But whosoever hath two bene- fices shall maintain a preacher licensed in the benefice where he doth not reside, except he preach himself at both of them usually." The 13 Eliz. cap. 20, allowed a parson having two benefices to demise one of them to Jiis curate only. The 48th Canon pro- vided that no curate should "be permitted to serve in any place without examination and admission of the bishop of the diocese, or ordinary of the place having episcopal jurisdiction, in writing under his hand and seal, having respect to the greatness of the cure and meetness of the party." Pluralists and others licensed for non-residence having once been permitted to discharge the duties of their benefice by deputy, there commenced a struggle between such incumbents on the one side, and the bishop, together with the Legislature, on the other. The incumbents, desirous of appropriating to themselves as much of the profits of their benefices as they possibl}- could, paid their curates badly, and the natural consequence was that proper persons could not be got to undertake the office. Inefficient and disreputable individuals were thus often put into the office, to the great scandal of the Church. li'cVuLui To remecK' this evil, and to secure the ai)i)omtment of fit and sulhcient persons, this last-mentioned Canon provided that curates PROTESTANT CURATES. should not be permitted to serve till examined and admitted and licensed by the bishop. This Canon •was disregarded, however, to a very' great extent, as will appear from the Bishop of Worcester's {Stil- lingfleet) charges to his clergy, who refers to the Canon itself, and admonishes his clergy for the con- stant breaches of it. (Still, i. i6o; John. 94.) Plu- ralists, and other non-resident incumbents, would not bring their curates to the bishop, to be examined and approved by him, because they knew that, if examined, they would not be approved ; and, if they were compelled to employ such as would be ap- proved, they would have to pay higher salaries than they were willing to disburse. So the evil continued, until the Legislature had to step in and check it. We have already seen how the same mode of pro- viding a remedy had to be adopted when the religious corporations deputed ill-paid and insufficient vicarii to perform the duties of the benefices, the proceeds of which they appropriated without scruple. The bishops then also had in vain attempted to inaugurate a better state of things, but all their efforts were ineffectual till aided by the strong hand of the Legislature, which converted the poor, inefficient, and ill-paid vicarii, appointed and removed at the caprice of the religious bodies, which they dare not offend, into respectable, educated, and permanent modern vicars. That the operation of the Legislature, if it has not effected similar radical changes in the status and condition of modern curates, has at least im- proved their position, and conferred on them certain 12 THE LAW RELATIXG TO and recognized rights, will be shown in the following pages. Although it is clear that the class of curates (in Stat. 12 the second of the two senses mentioned Annc;c.x^. .^j. ^|^^ beginning of this chapter) existed at the beginning of the seventeenth century, as shown by the mention of them in the Canons^ of 1603, already referred to, yet, as pointed out by Lord Cranworth in Poole w The Bishop of Lo7ido)i, the 1 2th Anne, c. 12, is the first statutory recognition of the existence of such a class. This statute was also the first interference of the Legislature to check the evils described above. It runs as follows: — " Whereas the absence of beneficed ministers ought to be supplied by curates that are sufficient and licensed preachers, and no curate or minister ought to serve in any place without the examination and admission of the bishop of the diocese, having episcopal jurisdiction; but nevertheless, for want of sufficient maintenance and encouragement for such curates, the cures within that part of Great l^ritain called England have been in several places meanly supplied : For remedy whereof, be it enacted," &c. .... "that if any rector or vicar, ha\'ing cure of souls, shall, from and after the 29th September, 17 14, nominate and present any curate to the bishop or ordinary to be licensed or admitted to serve the cure of such rector or vicar in his absence, the said ' It was held by Chief Justice Holt, in I.itcv v. lVatso)i, Bisliop of St. DaviiVs, that the Canons of 1603, if not those of 1640, are binding upon the cleii,'^'. (Brod. 338.) PROTESTANT CURATES. bishop or ordinary, having regard to the greatness of the cure and the value of the ecclesiastical benefice of such rector or vicar, shall on or before the granting any such licence appoint by writing under his hand and seal a sufficient certain stipend or allowance, not exceeding fifty pounds per annum, nor less than twenty pounds .... to be paid," &c. ; " and if it shall appear to the bishop or ordinary, upon complaint or otherwise, that any curate, licensed or admitted before the 23d September, 17 14, hath not a sufficient main- tenance, it shall be lawful for the said bishop or ordinary to appoint him a certain stipend or allow- ance in like manner as before mentioned ; and in case any difference shall arise between any rector or vicar and his curate touching such stipend or allowance, or the payment thereof, the bishop or ordinary, on com- plaint to him made, shall summarily hear and deter- mine the same, and, in case of neglect or refusal to pay such stipend or allowance, may sequester the profits of such benefice, for or until payment thereof" This statute therefore — I. Recognizes curates as a distinct class in the Church. 11. Recognizes the power of the bishop to admit and license them. III. Empowers the bishop to allow a certain stipend to curates admitted and licensed by him. IV. Gives the bishop jurisdiction to enforce, and to decide disputes respecting, the payment of this stipend. 14 Z--HF RELATING TO PROTESTANT CURATES. Looking to the preamble, it must be held that the statute was limited in its application to curates of non-resident incumbents. The words "any curate" towards the close of the first section do not therefore include all licensed curates, i.e. those of incumbents resident, as well as non-resident. The Stat. 12 Anne, c. 12, it will have been observed, applied to England only. It was some time Irish stat. , , . i r 1 -i 6 Ceo. I. longer before a remedy for the same evils Avas applied in Ireland. But this was at length done by the Irish statute 6 Geo. I. c. 13, which made for Ireland the same provisions, almost verbatim, as had been already made for England by the I2th Anne, c. 12. Having thus traced the history of modern curates from their first origin down to their recognition as a distinct class by the Legislature both in luTgland and Ireland, I shall now proceed to speak of the different kinds of curates, and the rights belonging to each kind. CHAPTER II. DIFFERENT KINDS OF CURATES PERPETUAL CURATES. The text-writers generally lay down that there are two kinds of curates, viz. Perpetual, and Assistant or Stipendiary Curates. The following classification will, in my opinion, best indicate the exact points of view from which the rights belonging to each sub- division of the class can be most clearly regarded, though, for reasons to be presently stated, it will be impossible to preserve this exact order in treating the subject. I. Perpetual Curates. II. Assistant or Stipendiary Curates : 1. Unlicensed. 2. Licensed to Resident Incumbents. 3. Licensed to Non-resident Incumbents. A perpetual curate was a clerk employed by the impropriator to officiate in a parish in which perpetual there was neither spiritual rector nor vicar, "co'mmm (Steph. i. 379.) Where all the profits of the ^"""■ benefice, the tithes both great and small, are appro- priated, so that both the rector and the vicar are or 1 6 THE LAW RELATING TO may be lay, there the curate is perpetual, being the clerk employed to officiate by such impropriators, and consequently he is in the same situation as a vicar was formerly. But where the rector or vicar is an ecclesiastical person, and has the tithes either great or small, there the curate is temporary only; that is to say, removable upon divers causes and con- tingencies, and he is usually termed Stipcndiaiy, as being employed by such rector or vicar at a fixed stipend, cither as an assistant to him in the same church or as officiating for him in his absence in the parish church. (Crip. 177.) The 4th Hen. IV. c. 12, required that in every church appropriated there should be a secular person ordained vicar, perpetual, canonically instituted and inducted, and covenably endowed by the discretion of the ordinary. Perpetual curacies were an exception to this rule. If the benefice was given ad inciisavi uioitascJioriiDi, and so not appropriated in the common form, but granted by way of union pleno jure, it was served by a temporary curate belonging to their own house, and sent out as occasion required. The same liberty of not a})point- ing a perpetual vicar was sometimes granted by dis- pensation in benefices not annexed to their tables in consideration of the poverty of their house or the nearness of the church. But when such appropria- tions, together with the charge of providing for the cure, were transferred, after the dissolution of the religious houses, from spiritual societies to single lay persons, who were not capable of serving them by themselves, and by consequence were obliged tc PROTESTANT CURATES. 17 nominate some particular person to the ordinary for his Hcence to serve the cure, the curates by this means became so far perpetual as not to be wholly at the pleasure of the appropriator/ nor removable but by due revocation of the licence of the ordinary. (Gib. 819 ; Burn, ii. 55 /a) Elsewhere (i. 717) Dr. Gibson says: " Where a benefice was given ad niensani vionas- cJioriim, and so not appropriated in the common form, but granted by way of union pleno jure, it was served by a monk of the body, who was removable at pleasure ; and // ivas this system which laid the fonn- dation of stipendiary airacies. The impropriators were bound to provide divine service, but might do it by a curate not instituted, but only licensed by the bishop. So the monks served them, and, because the Acts of Dissolution gave the lands to the King in such manner and form as the monks held them, those who derive from the Crown reckon themselves under ^ A perpetual (licensed) curate can therefore clearly be removed only by the bishop revoking his licence. In the case of Hodgson v. Dillon (Curt. ii. 391) it was held, that the bishop's licence to entitle a person to perform duty in a proprietary chapel (/. e. a chapel built within time of memory — Rog. 145) is revocable at the will of the bishop, and that without any particular cause assigned ; that the bishop has an absolute right of his own exclusive discretion to revoke such licence, and that the exercise of such discretion is not examinable in the Ecclesiastical Courts. These chapels, however, are in some respects distinct from perpetual curacies. (See Crip. 162.) "A perpetual curate has an interest for life in his curacy in the same manner and as fully as a rector or vi'car, that is to say, he can only be deprived by the ordinary, and that in proper course of law ; and, as Lord Hardwicke observes, it would be a contradiction in terms to say, that a perpetual curate is removable at will and pleasure." {Crip. 163 ; Attorney-General v. Breretoii, 2 Vesey Senior, 427.) C l8 THE LAW RELATING TO no restraint to present a vicar to the bishop for institution." ^ Perpetual curacies have been also created in more modern times by various statutes. The 58 Perpctua I curates by Qco. III. cap. 45, s. 1 9, provides that where statute. parishes are divided into districts under that Act, the newly-created parochial district is, after the death of the incumbent of the parish, to become a perpetual curacy, if the parish in its undivided state were a perpetual curacy. By i & 2 Vict.' cap. 107, s. 16, where a new church or chapel is substituted for an old parish church, the minister of the new parish church is, after the death of the incumbent, to be a perpetual curate. By 6 ^ j Vict. cap. 37, .s. 16, upon any district being formed under that Act and be- coming a new parish, the minister, having been duly licensed, becomes perpetual curate thereof without further process or form. (See also i Geo. I. c. 10, ss. 4 & 6 ; I & 2 Will. IV. c. 36, s. 12 ; 8 & 9 Vict, c. 70, s. 18 ; 2 & 3 Vict. c. 49, s. 10 ; Rog. 303, note ; and Steph. 380.) A perpetual curacy was formerly held not to be an ecclesiastical benefice, and therefore tenable with any such benefice. {Wcldon v. Green : Burn, ii. 55.) But ^ The following passage illustrates the subject further: " When by long use and custom parochial bounds became fixed and settled, many of the parishes were still so large that some of the remote hamlets found it very inconvenient to be at so great a distance from the church ; and therefore, for the relief and ease of such inhabitants, a method obtained of building private chapels or oratories, in which a capellanc was some- times endowed by the lord of the manor or some other benefactor, but generally maintained by a stipend from the parish priest." (Biuti, ii, 55.) PROTESTANT CURATES. 19 it is now expressly declared to be a " benefice," within the meaning of that word in the Bene- fices Pluralities Act ;^ and a perpetual curate latingespe- , , . , , , . . daily to IS consequently liable to the restrictions of perpetual ..... curates. this Act in the same manner as any other incumbent. Perpetual curates or their representa- tives are also liable to be sued in an action for dilapi- dations, in the same manner as other incumbents. (Crip. 161.) Land annexed to a perpetual curacy by the governors of Queen Anne's Bounty cannot be leased by the curate so as to bind his successor, without the consent of the ordinary and patron, {Doe d. Richardson v. Thomas : i Ad. & Ell. 556.) To enter more minutely into the law having special application to perpetual curates would not suit the design of the present work. A perpetual curate now partakes more of the nature of an incum- bent than of that of a curate. Henceforward, there- fore, I shall refer to the class only when the law is specially and by way of exception applicable thereto. Those, however, who are desirous of fuller and more exact information on this particular branch of the subject will find it in the following places : Burn, 55—55^; Bull, 1070; Crip. 161— 163 ; Rog. 303; Steph. 381 — 386; Gib. 819; John. 95. ^ So also in the Act which disestablishes the Irish Church, 32 and 33 Vict. cap. 42, s. 72. C 2 CHAPTER III. UNLICENSED CURATES. We have already seen that the 48th Canon of 1603 directed that no curate or minister be ad- Not rccos;- • ,. , . . , . , nizedbyfite mittcd to scrvc \\\ 'Awx placc Without ex- animation and admission 01 the bishop or ordinary under his hand and seal. By the 36th and 37th Canons a clerk cannot perform any divine ser- vice without permission of the bishop of the diocese. (See also SJiore v. Barnes : Brod. 49.) The employ- ment of unlicensed curates is thus plainly opposed to the policy of the canon law, and there must be great doubts if they have any rights under it. The statute law does not recognize their existence, nor does it provide any remedies for the disadvantages of a position which they have assumed without regard to the express rules of the Church. " If the bishop assign the salai'}'," says Johnson's Salary hmo " Vadc Mccum," " thc curatc's most effectual recoverable, remedy for his pay is to apply himself to the Ecclesiastical Court ; for there, in default of i);iyment, a sequestration may be served on the benefice ; but if the curate have no licence, he cannot sue in that court. LAW RELATING TO PROTESTANT CURATES. 21 However, if he be obliged to sue for his salary at common law, where it is sufficient to prove an agree- ment betwixt himself and the incumbent, yet he may be called on to prove that he subscribed and declared before his archbishop or bishop, according to the Act of Uniformity." (Pp. 33, 34.) To the same effect Dr. Burn : " So that, upon the whole, it seems as if the comm.on law had no other rule of determining the question between an incumbent and common curate, either relating to the poiver of removal or to the pay- ment of his salary, but the same as prevails in all other cases of hiring, viz. that the incumbent cannot dismiss his curate without just cause before the time is expired for which he was hired, and' can only be liable either to pay him the stipulated salary, or, if none was stipulated, to make him a reasonable satis- faction adequate to the service, which, if the parties disagreed, must be ascertained by a jury in an action on a quantum meruit"^ (ii. 55 b) The above quotation from Dr. Burn indicates, more- over, the law which should regulate the re- „ , ' o Kejtioval or moval or discharge of an unlicensed curate. 'i^^<='^^s^- So also Dale : " An unlicensed curate may be dis- 1 The case of Shore v. Barnes (Brod. 44) goes to prove, that no cler- gyman of the Church of England can lawfully officiate without the authority of his diocesan, though it has been held that this will not debar one clergyman from officiating occasionally for anotlier. But it may be a question whether the absence of a licence would not pi'event a curate from recovering his salary at all. In the case of Martyn v. Mittd (Cowp. 440) the point was raised, but not decided, as Lord Mansfield was there of opinion that Mr. Martyn, though not actually licensed, was licensed to all intents and purposes, inasmuch as the bishop knew and had approved of his appointment- 22 LAW RELATING TO PROTESTANT CURATES. charged according to the terms of the agreement between hhii and the incumbent. If no written agree- ment, a yearly engagement w^ould probably be pre- sumed in law. But every curate should be licensed." (Can. 48, p. 15.)! ^ As to the rule which prevails in other cases of hiring, it may he remarked, that a general hiring is a yearly hiring in the absence of any proof that it was otherwise intended. The contract of hiring need not be in writing, unless it be incapable of being performed within a year, or the parties mean to bind themselves for longer than a year, in which cases the Statute of Frauds requires writing to be used : otherwise the contract cannot be enforced. In considering whether an unlicensed curate can recover his salary in a court of law, it may be well to remember, that a contract which is forbidden by law cannot be made the subject of an action, and that those canons, constitutions, and ordinances are in force, which (as Lord Coke said in Cawdrey's case) are not contrariant or repugnant to the laws, statutes, and customs of the realm, nor to the damage or hurt of the King's prerogative royal. The 25th Hen. VIII. cap. 19, s. 2, cl. 4, gave validity to the ancient canons, with the following proviso : — " Provided alway that no canons, constitutions, or ordinances shall be made or put in execution within this realm by the authority of the convocation of the clergy which shall be contrariant and repugnant to the King's prerogative royal, or the customs, laws, or constitution of this realm, anything contained in this Act to the contrary hereof not- withstanding." The 48th Canon is doubtless binding, and it may be a question whether a contract for employing a curate contrary to its provisions would not be held to be forbidden by or contrary to the policy of the law. CHAPTER IV. LICENSED CURATES OF RESIDENT AND NON-RESIDENT INCUMBENTS — AT COMMON LAW. There are some important points of distinction be- tween the licensed curates of resident and those of non-resident incumbents. It would, however, be im- possible, or very difficult, to treat separately the law relating to one kind, inasmuch as the law (common and statute) relating to both is to be found in the same sources, speaking without distinction where it is generally applicable, and only particularizing either kind when its provisions relate specially thereto. I shall therefore treat the whole subject together, point- ing out as I proceed those points of distinction to which I have just alluded. Before doing so, I venture to remark that considerable confusion has crept into all the text-books which deal with the subject, in consequence of not distinguishing accurately between licensed and unlicensed curates, and between those rights which exist at common law and those which have been created by statute. The origin of and necessity for a licence has been already pointed out. Curates should take Licence. their licence from the bishop himself, not from his 24 THE LA W RELA TING TO chancellor or other ordinary, for all licences granted by any other but the bishop are voidable, if not void, (Still. i6o; John. 94.) In order to being licensed, the curate must be nominated to the bishop, saving those excep- Nominatwn. _ ... . tional cases in which it is otherwise provided by statute. The right of nomination is by common law in the rector ; and it seems that an ecclesiastical custom, which is not immemorial, will not, though acted on for a long time, deprive a rector of his com- mon law right to appoint his curate. If an adverse custom to such right be set up, the court will require such custom to be very clearly proved before they will support it, because, as observed by Chief Justice Best, in Arnold v. Tlie Bishop of Bath and lVe//s, "Nothing is so likely to engender feuds in the parish, and bad feeling between the rector and his parishioners, as the depriving the rector of that right which he is best qualified to exercise." The right to nominate to a perpetual curacy is sometimes vested in the parishioners by custom, the terms and conditions of which must be observed in the exercise of the right. The courts put a liberal interpretation on such customs, so as to admit the largest number of voters — those who do not, as well as those who do, pay church-rates. By agreement of the bishop, patron, and incumbent, the inhabitants may have a right to e/crt and nominate a curate, and there are instances in which, according to the custom, he is nonii)iatcd by the inhabitants (as founders and patrons) to the vicar, and by him presented to the ordinary. In other PROTESTANT CURATES. 25 cases, a curate is presented by the patron of the church to the vicar, and by him to the archdeacon, who is then obhged to admit him. In other places the lord of the manor presents a fit person to the appropriators, who without delay are to give admis- sion to the person so presented. (Steph. 384.) This, however, relates more especially to perpetual curates. Assistant or .stipendiary curates of incumbents, resi- dent or non-resident, are mo.st usually nominated by the incumbent to the bi.shop (Burn, ii. 55/), unless in those cases in which we shall see that the bishop has power by statute to appoint and license. The nomi- nation of a curate to officiate under an incumbent in his own church must be made by such incumbent under his hand and seal to the bishop, setting forth the stipend for his maintenance. (Steph. 382 ; Arnold v. The Bishop of Bath and Wells, 5 Bing. 316; Capel v. Child, 2 C. & J. 558.) By a constitution of Archbishop Islip, curates serving a cure shall be content zvith six marks ^^j^^^^^ /,^„, a year ; and by a constitution of Archbishop 'i^^f^flf Sudbury this is enlarged to eight marks, or '■'''""'''"^■ their board a>id four marks, by reason of the difference of the times. This information is now, however, more curious than of any practical value, as the salaries of stipendiary curates have been of late years fixed by modern statutes. With respect to assistant curates, paid by the incumbents who employ them, in order to prevent disputes it was usual for the ordinary to require that a certain sum be appointed in the nomi- nation ; and by the tenth article of Archbishop Wake's 26 THE LA W EEL A TLNG TO Directions it was required that, in the hccnce granted to any curate, the ordinary do appoint him a suffi- cient salary, according to the power vested in him by the laws of the Church. (Burn, ii. G'j') This pro- vision is now incorporated in the statute law. When the bishop assigned the salary, the curate's most effectual remedy for his pay was to apply to the ecclesiastical court, for there, in default of payment, a sequestration might be served on the benefice. It has been already pointed out that, if the curate had no licence, he could not sue in that court. (John. 94.) At common law the curate could also have recovered his salary by an action in the civil court. Now, under the provisions of both the English and Irish statutes, a curate's stipend is recoverable in the ecclesiastical court alone. (See also West v. Turner, 2 Ad. & Ell. 614.) By one of Archbishop Wake's Directions, it was ordered that the bishop do take care, as in the much as possible, that whosoever is admitted to serve any cure do reside in the parish where he is to serve, especially in livings that are able to support a resident curate ; and, where that cannot be done, that they do at least reside so near to the place that they may conveniently perform all the duties both in the church and parish. If the curate do not comply, Dr. Burn sa>'S that the ordinary may withdraw his licence, (ii. 74.) This point also is now provided for by the statute law. It was decided in Pinder v. Barr (4 Ell. & Bl. 105) that a licensed curate, during the suspension of the PROTESTANT CURATES. 27 vicar, has the privilege of appointing the parish clerk, if this latter office become vacant during such Mayappohu parish clerk. suspension. We have seen that an unlicensed curate may be removed by the incumbent, and that his Howre- tenure of office wholly depends upon the "'■"■^'"■i'^^- terms of the agreement made between him and the rector or vicar who appointed him. If the bene- fice become vacant by the death or resignation of the incumbent, it may be held that such a curate is ipso facto out of office, inasmuch as the contract between him and the late incumbent must be con- sidered to have terminated with the interest of the latter, and there could be no privity of contract between the curate and the new incumbent. It might be contended that, inasmuch as a parson is a corpora- tion sole (Grant, 636), and a corporate officer cannot be removed without cause (Grant, ^'i, note ; Co7n. Dig. Franchises, f. 32), the appointment of a curate, as of a parish clerk, by one incumbent, gives him a good title under succeeding incumbents. But unli- censed curates not being appointed duly, and as required by the Canons of the Church, this argument would be, I think, of little value. But then, are licensed curates in no better position than unlicensed curates "^ Can they also be removed at the will of the incumbent .'' And does a licence confer no advantage except that of enabling the holder to sue in the eccle- siastical court for his salary.? The vicarii of the old religious bodies were at first removable at the caprice of those who employed them. Their position has 28 THE LAW RELATING TO been since, however, wholly altered, and modern vicars can be deprived only by the ordinary or bishop, for proper cause and in due course of law. A perpetual curate was at first removable at the pleasure of the impropriator. {Bott v. Brabalon, Noy. 15 ; Pazvlcy v. Wiseman, 3 Keb. 614; Price v. Pratt, Bunb. 273.) Now however, as we have seen, he can only be deprived in the same manner as a rector or vicar, and he has a life-interest in his curacy. I think I shall be able to show very clearly, that the status of licensed curates has in a similar manner followed a path of gradual progress during the last two and a half centuries; and that, although such a curate might at first perhaps have been dismissed by the incumbent at his mere will and pleasure, he can now be removed only by the bishop revoking his licence. An assistant or sti- pendiary curate, duly licensed, occupies, if this view be correct, a position inferior to \\\7\\.oi 2, perpetual curate, for he has not, like a perpetual curate, a life-interest in his curacy, but only an interest terminable at the bishop's will and discretion. His position is, however, superior to that of an unlicetiscd curate, inasmuch as it is recognised by the law, which secures him a fixed salary, recoverable b}' a settled procedure in the eccle- siastical courts ; and he cannot, like the latter, be removed at the mere caprice of the incumbent. That such is the state of things under the provisions of the existing statute law will appear in a subsequent chapter; and tliat the action of the Legislature has been properly directed to secure this end will be generally admitted, when we reflect that the Esta- PROTESTANT CURATES. 29 blished Church has hitherto been a State Institution, supported in a great degree by State funds, and that therefore the grades of service therein are as pro- perly amenable to State control and Government interference (where such interference is necessary to secure the proper objects of the Establishment) as any other institution of the State — the army or navy, for example. Meanwhile I shall endeavour to show that, before the Legislature had recognised and directly improved the position of the licensed curate, he had acquired at common law certain rights, which, if not identical with, were at least very analogous to those conferred by the statute law, which has in this as in many other respects been partly declaratory and partly remedial of the common law. The first authority on the subject is a constitution of Edmund, Archbishop of Canterbury: „ ,., ^. " We admonish the rectors of churches, ofEdvnmd. that they do not endeavour to remove their an- nual curates zvitJiout irasonable cause ; especially if they be of honest conversation and have laudable testimony thereof." (Lind. 310.) This constitution was directory only, and could not create any right. Dr. Burn, however, annotates the words " ivithout reasonable cause " thus : " Of which it seemeth that the ordinary shall be judge who granted the licence, who may at his discretion displace such curate, by withdrawing his licence, without formal process of law." BuUingbrooke uses exactly the same language, and both writers quote Johnson, who says, also, in another place : " These curates may be placed and 30 THE LAW RFI.AriXG TO displaced at the bishop's discretion, without any pro- cess at law." (Vade Mecum, i. 95.) From this it may be fairly argued, that although, when the con- stitution of Edmund was promulgated, incumbents could remove curates (licensed or unlicensed, there is no distinction drawn) — for otherwise such a con- stitution would have had no meaning or object — yet when Johnson and Dr. Burn wrote in England, and Dr. Rullingbrooke in Ireland ; and when, as shown by their works, a clear distinction was drawn between licensed and unlicensed curates, the power of re- moving the former M'as understood to be vested in the bishop, who could exercise it by withdrawing their licence — and in the bishop only, for had it been vested in the incumbent also, we cannot suppose that those learned and careful writers would have omitted all mention of such a very important point, directly connected with the subject which they were treating. We may, therefore, reasonably conclude that the bishop's licence had gradually come to be regarded as protecting the curate's position until that licence was revoked by the authority which granted it. At the same time, it must be remarked, that the licensed curates of the earlier period of the history of the class were chiefly, if not altogether, curates of non-resident incumbents. This is shown by the remedial statute of 12 Anne, cap. 12, contemplating the case of such curates only. Had there been any considerable number of licensed curates of^ resident 1 The bishops' charges show that resident incumbents used the ser- vices of unlicensed curates, still disregarding the canon and the repeated PROTESTANT CURATES. 31 incumbents when that statute was passed, it is im- possible to suppose that they would not have been included in the remedy provided thereby. When such curates afterwards became sufficiently nume- rous to make their case of some importance, they were not overlooked or omitted from the provisions of subsequent legislation ; and. this also tends to show that their case was not very urgent or important when the 12 Anne, cap. 12, was passed. This view is supported by a note in Gibson's Codex, vol. ii. p. 896. The Commentary to ;,-„^^y the second edition has the following: "In ^"''^^'■■ the case of Wood v. BircJi (2 Salk. 506), Wood, pretending to be a curate in a chapel of ease in the parish of Preston, sued the vicar of the parish, in the Spiritual Court, for the arrears of a pension claimed by prescription, and a prohibition was granted nisi causa ; for that the curate was removable at the will of the parson, and so cannot prescribe, but his remedy must be by quaiituni meruit!' To the words " at the will of the parson," is appended the following note : " This, true of an assistant to a resident rector injunctions of the bishops. No doubt they had their curates more under their own authority and control when they were unlicensed, and were chary of allowing them to acquire the independence which a bishop's licence seemed to confer. After Lord Mansfield's decision in Martyn V. Hind, the idea prevailed pretty generally among incumbents, as we know from Bishop Horsley's charge to the clergy of Rochester, that licensed curates could only be removed by suit at common law, and this erroneous impression operated to prevent the more general use of licences. Non-resident incumbents being in some respect subject to the bishop in the matter of residence, and being moreover controlled by the statute of Anne, could not similarly disregard the canon and the bishop's directions. 32 THE LAW RELATING TO or vicar, but not of a curate, properly speaking, who has the curaiii auiniavniii committed to him pro tem- pore by the bishop in the absence of the incumbent." This note shows very chstinctly that, wlien Dr. Gibson wrote, the curate of a resident incumbent was not considered a airate properly speaking. He is termed " an assistant," and a cHstinction is drawn between him and " a curate properly speaking, ivJio has the cnram animarnm ccmniitted to him pro tempore by the bishop in the abscnee of the incumbent ;'' i.e. the hcensed curate of a non-resident inciindnvit, who, I venture to think, was the onl}- licensed curate of that time. The dictum of Lord Mansfield in the case of Martvn v. Hind (Cowp. 440), which has been Hind. gQ much canvassed, A\'ill in this view be wholly intelligible and reconcilable with Dr. Gibson's^ opinion. In that case, the rector. Dr. Hind, had given Mr. Martyn a title for ordination to the bishop, and had appointed him curate of his church, pro- mising to allow him a salary, and to continue him in the office of curate, //// otherwise provided of some ecclesiastical preferment, unless lawfull)' removed for some fault. Mr. Martyn was subsequentl)- appointed to a readership. Dr. Hind removed him without having at the time alleged any fault ; and Martyn, having brought an action in the courts of Westminster for his salary, it was held that a readership was not an ecclesiastical preferment; and this alternative for ^ Dr. Gibson is a hi.t,'h authority, and lias been always regarded as such by the IJench and the Bar. See him quoted by both in Routcll v. The Bishop of Lincoln, and Poole v. Tlu Bishop of London. PROTESTANT CURATES. 33 dismissal failing, he could not, therefore, be discharged by Dr. Hind without some fault. Mr. Martyn had not been formally licensed by the bishop, but Lord Mansfield held, that as the bishop had solemnly ap- proved of him as curate for the church, he was licensed to all intents and purposes. This decision proceeded wholly on the special agreement, and therefore is not a precedent on the exact point. Lord Mansfield was also careful to say, that he did not proceed upon any ground that such a curate could not be removed by the bishop. In the course of the argument, however, he remarked : " It does not turn upon a distinction between perpetual curates and general or temporary curates. There is a distinction between curates li- censed and curates not licensed. If not licensed, they are removable at pleasure. But if licensed, they are only removable sub modo : for instance, by the con- sent of the bishop ; or where the rector does the duty himself" This dictum, emanating from such high authority, has been discussed by most writers on ecclesiastical law, none of whom, however, attempt to show that it is erroneous. Dr. Burn tells us that Bishop Horsley, remarking on the grounds of the decision in his charge to the clergy of Rochester in 1796, observed, that these grounds had been generally misunderstood by incumbents, who, supposing that this case had decided that curates could not be dis- missed without suit at common law, were therefore reluctant to apply for licences ; that the difficulty was caused by overlooking the fact that Martyn was un- licetised, and therefore, as Lord Mansfield expressed D THE LAW RELATING TO it, "could not be sent to his bishop," i.e. could not sue in tlic Consistorial Court for his salary. Mr. Martyn, having been approved by the bishop for that par- ticular appointment, was held, as we have seen, by Lord Mansfield to be licensed to all intents and purposes ; and therefore the want of a formal licence was no bar to the recovery of his salary. Whether he would have been unable to recover, if he had not been so " licensed to all intents and purposes," was not decided. His being held to be constructively licensed, so as not to be debarred from suing for his salary, was, however, very different from his having an actual licence, which would have enabled him to sue in the spiritual courts ; and so liishop Horsley's remarks do not clash with Lord Mansfield's decision. Returning, liowever, to the dictum that curates, " if licensed, are only removable sub viodo, for instance, by the eonsent of the bishop, or where the rector does the duty himself" and having regard to Dr. Gibson's remarks, it is most probable that the reetor doing the ditty himself points to the case of a non-resident incumbent becoming resident, and so no longer requiring the services of the curate. The licensed curate referred to by Lord Mansfield will therefore be the licensed curate of a non-resident incumbent, and he and Dr. Gibson will be in entire accord the one with the other. If the incumbent should die or resign, and the Is the benefice thereby become vacant, is the cu- avoided fatc's officc determined by such vacancy ? l>y the „,, . . , , vacancy 1 liis qucstion has never, that 1 am aware, benefice? bccu judicially settled in England or Ireland. PROTESTANT CURATES. 35 In the case of an unlicensed curate there can be little doubt : but is a licensed curate in no better position ? and can the bishop's licence be revoked or avoided by any other authority than that which granted it, or in any other way than by a formal revocation ? Nihil tavi conveniens est natiirali ccqnitati quam unmnqnod- qne dissohi eo ligamine quo ligatnvi est. If this maxim is to be held applicable, it would seem that a licensed curate, whether of a resident or non-resident incum- bent, continues to be curate, notwithstanding the avoidance of the benefice by the demise or resignation of the incumbent. On the other hand, it may be argued that in the case of the curate of the non- resident incumbent of a parish, the duties of which can be discharged by a single clergyman, if the incum- bent die or resign and his successor chose to reside and perform his own duty, cessante ratione cessat ipsa lex — the necessity for a curate not existing under the new incumbency, the curate's office is properly deter- mined. This argument, however, would be more properly addressed to the bishop, on moving him to exercise his discretion by dispensing with the curate's services and withdrawing his licence. It must be re- membered that curates are an order in the Church, recognized by the Legislature, and that the object of investing the bishop with a discretion as to their ap- pointment and removal may reasonably be supposed to have included what was fair and equitable and beneficial to them, as well as to the other orders in the Church and to the public at large. In this view the bishop would have it in his power to exercise D 2 36 THE LAW R K LA 77 XG TO his discretion in the above case justly and reason- ably : in justice to the new incumbent, revoking the licence of a curate, for whose services there existed no Ioniser any necessity in the particular parish ; but, in justice to the curate, not making the revocation until the arrangements of the diocese permitted of such curate being provided for elsewhere. But it may be said that no privity of contract would exist between the curate and the new incumbent, and so that the former could not enforce payment of his salary. To this it may be replied, that a parson being a corpora- tion sole, a curate duly appointed by him may be viewed as a corporate officer, whose appointment could not be alleged to be bad at one period of the existence of the corporation, if duly made at another period of the same existence. The only authority for supposing that the office of a licensed curate is deter- mined by the avoidance of the benefice is to be found in a note by Mr. Fraser to his edition of Burn's Eccle- siastical Lmv, published in 1809, which is as follows: " The following opinion has recently been given by two eminent advocates of the Court of Arches upon an important question respecting curates' licences ; which, though the point has not been judicially deter- mined, is of too great moment to be omitted here : ' That every licence, granted to a curate, terminates on the death of the incumbent who gave the nomina- tion ; that the succeeding rector ma\' nominate any other clergyman to the cure, and claim a fresh licence from the bishop of the diocese.'" In Dr. Phillimore's edition of 1S42, this note is given in brackets for what PROTESTANT CURATES. yj it is worth, but without any expression of concurrence from the very learned editor. It would be satisfac- tory to know the facts of the particular case, and the form of the licence pronounced upon, before criticising the above opinion. The licence may have contained special words, with advertence to which the opinion was a correct one on the occasion on which it was delivered. It would be difficult, however, to concur in its generalism as applicable to all cases : for ex- ample, to a case in which the licence was expressly stated to be granted during the bishop's will and pleasure, and to be revocable by him and no other- wise. In Pinder v. Barr (4 Ell. & Bl. iii), Mr. Justice Crompton said : " Suppose there are a rector and curate, and the rector dies, and then, before a new rector is appointed, the clerk dies — can the curate appoint.''" and the Bar were agreed that he could appoint. This shows very clearly that, in the opinion of the Bench and the Bar on that par- ticular occasion, the curate's licence does not ter- minate, nor does he become functus officio by the death of the rector who gave the nomination. It could not be contended that the appointment of a parish clerk made by an incumbent would be void under his successor ; and are we to suppose that a licensed curate is in a worse position than a parish clerk ? In Rex v. Bloocr (2 Burr. 1043) it was argued that as a niandanuts will lie to restore even a sexton (Isle's case, Raym. 211) or a parish clerk {Parkers. Clerk, 6 Mod. 253), so it will to restore the curate of a chapel, being a donative endowed with lands, 3S LAJl' RELATING TO PROTESTANT CURATES. who is more a public officer than either a sexton or parish clerk. Lord Mansfield took this view, and granted a nmiidaiiiKS ; remarking, that this was the true specific remedy where a person was wrongfully dispossessed of any office or function which draws after it temporal rights. A donative chapel is rather in the nature of a perpetual curacy, so that the case is not exactly in point ; but the same principle would perhaps apply : and a licensed curate, removed from his office otherwise than by the bishop revoking his licence, might apjily successfully for a niandanius to restore him. Archdeacon Stopford, in his little work on Irish Fxclcsiastical Law, expresses an opinion that on the vacancy of the benefice the curate is out : he gives no authority, however, for this position. Had there been any such custom in existence in Ireland when Bullingbrooke wrote, it may be assumed that he would not have omitted all mention of it ; and the time which has since elapsed is not sufficient to have created a custom. Whatever may have been the state of the old common law on this subject, there can be no doubt as to the provisions of the modern Irish statute; and it is to be regretted that, in a work professing to treat of the law, as it exists at present, the venerable author has, without examination and without authoritx', adopted a position very doubtful under the old law, and still more so under the new. CHAPTER V. LICENSED CURATES OF RESIDENT AND NON-RESIDENT INCUM- BENTS UNDER THE PROVISIONS OF THE STATUTE LAW, I POINTED out at the close of the first chapter that the earhest legislative enactments which recognised the status of licensed curates were the I2th Anne, c. 12, for England, and the 6th Geo. I. c. 13, for Ireland ; and that the latter statute was almost a copy of the former one. I now proceed to trace the subsequent course of legislation in both countries from these two Acts down to the statutes which are at present in force, by which the existing rights, duties, and liabi- lities of licensed curates are regulated. The following extract from the judgment of the Privy Council in the case of Poole v. TJie subsequent Bishop of London (Brod. 193), will show what ^^JZtlon has been done in England : — " The next "'^«.^''''«'^- statute to which it is necessary to refer is the 36th of Geo. III. c. 83. The first section of that statute, after reciting the statute of Queen Anne, and that in many places the stipend thereby authorized was inadequate, authorizes the bishop, in cases where the incumbent is non-resident, to fix the stipend at any sum not exceeding 75/. per annum, and to allow the 40 THE LA W RELA TING TO curate to occupy the rectory-house. There are then some clauses putting, for certain purposes, perpetual curacies and churches augmented under Queen Anne's Bounty on the same footing as ordinary benefices. And the sixtJi section proceeds thus : ' And whereas ,,, it is expedient that the authority of ordi- 36 Geo. III. ^ ■' <:. 83, 4-. 6. naries to Hcense curates, and to remove h"censed curates, should be further explained, enlarged, and confirmed, be it enacted and declared, that it shall be lawful for the ordinary to license any curate who is or shall be actually employed by the rector, vicar, or other incumbent of any parish church or chapel, although no express nomination of such curate shall have been made either in words or in writing to the ordinary by the said rector, vicar, or other incumbent ; and that the ordinary shall have power to revoke summarily, and without process, any licence granted to any curate employed within his jurisdiction, and to remove such curate for such good and reasonable cause as he shall approve ; subject nevertheless to an appeal, as well as in the case of a grant of a licence to a curate who has not been nominated, as in the revocation of a licence granted to a curate : such appeal to be made in either case to the archbishop of the province, and to be determined in a summary way.' " By the 57th Geo. III. c. 99, so much of the Act of Queen Anne and of the 36th Geo. III. c. 83, as relates to the maintenance of curates and to the fixing of their stii)ends, is repealed, together with the whole of an intermediate Act, namely, the 53d Geo. III. PROTESTANT CURATES. 41 c. 149, which had contained provisions further ex- tending the amount of stipend which might be assigned to them. This repeal does not touch the sixth section of the 36th Geo. III., inasmuch as that section does not relate to the maintenance ^, . ^, of curates, or the fixing of their stipends. ^ftfii'7n This last statute, the 57th Geo. III. c. 93, is ■^'"''"''• wholly repealed by the ist and 2d Vict. c. 106, except as far as it had repealed former enactments ; so that the enactments now in force appear to be the 6th section of the 36th Geo. III. c. 83, and the whole of the 1st and 2d Vict. c. 106." Speaking of this latter statute, Lord Cranworth, who delivered the judgment of the Privy Council in the above case, remarked, further on : " The object of that statute evidently is to authorize and compel the bishop, for the benefit of the community, to exercise his dis- cretion in a summary way on various matters in which it is necessary or expedient that a discre- tionary power should be lodged somewhere. Thus it may be reasonable, under special circumstances, to permit an incumbent to be non-resident. Circum- stances may arise which may make it expedient to put an end to such a permission. It may be necessary to fix the stipend of a curate. Additional curates may be required for the sake of the parish. In these and very many similar cases to which the Act extends, it is absolutely necessary that a discretion should be lodged somewhere, and the Legislature has confided that discretion to the bishop.^ He is to determine [^ ., 1 And to the incumbent in no case, whose jurisdiction, whatever he 42 THE LAW RELATIXG TO whether there arc circumstances which will justify the non-residence of an incumbent, or which make it expedient that a licence given him for that purpose should be revoked, or what amount of salary a curate ought to receive, or whether in certain cases additional curates ought to be appointed. lie is to exercise in these and the numerous other cases which the Act embraces his discretion as to what ought, in the interests of the Church and of the public, to be done. Rut then the Legislature, seeing that in the exercise of that discretion the bishop may err, has given to the party affected by what has been done or refused to be done a right to appeal to the archbishop, whose duty it still is to exercise his discretion, as it had been the duty of the bishop." This appeal " is a reasonable safeguard, provided b}' the Legislature to prevent hardship from a hasty or erroneous exercise of discretion." The provisions of the 6tli Geo. L cap. 13, were soon found insufficient in Ireland, as those of its Subsc uent ^^^^^1 statutc, 12 Auiic, Cap. 12, had already leViliatwn bccu fouud iu England; and the 1st Geo. m Ireland. jj_ ^-j^p ^2, was passcd for tlic purposcs of explanation and amendment. The preamble of this later statute is as follows : " Whereas some doubts have arisen upon an .Act made in I Geo. 11. >■ caj>. 22. \]^Q. sixth year of his late majest)''s reign, intituled An Act for the better jiiaiiiteiianee of may have had formerly, has been expressly taken away by lioth the English and Irish statutes, as we shall see when we come to treat the provisions of these statutes in exkiiso. PROTESTANT CURATES. 43 Curates within the Church of Ireland, whether pro- vision be thereby made for the appointing and se- curing a sufficient certain stipend or allowance for any curates to any beneficed clergymen, other than for the curates of such rectors and vicars who, having actual cure of souls, shall be absent from their livings : and whereas many parishes in this kingdom, by reason of the largeness of their extent or the increase of the buildings or inhabitants therein, are severally found to be too great a cure to be dis- charged by one single minister resident upon his living, whereupon it is usual for the incumbents of such parishes respectively to be assisted by a curate or curates duly nominated and licensed for that pur- pose : and it is reasonable that such curates, as well as others, should be provided with and assured of a competent maintenance." The statute then proceeds to empower the bishop, at the time of licensing any curate, or any person in holy orders to assist the incumbent of a parish, to appoint him a stipend not exceeding 50/. per annum, and not less than 10/. per annum; and further, to determine all differences as to such stipend arising between the incumbent and the curate. The licensed curates of resident incumbents were thus placed on the same footing as those of non-resident incumbents in regard to the fixing and recovery of their salaries. The other sections of this statute provide for the erection of chapels of ease in country districts where many of the parishioners reside more than five miles from the church, and in cities and towns corporate 44 THE LA W RE LA TING TO where the parish church is too small to accommodate the population : such chapels of ease to be supplied with curates appointed and licensed as other curates, under the provisions regulating these matters, to which reference has just been made. The next Irish statute is the 40th Geo. III. cap. 27, the second section of which allows the sti- o Geo III pends of curates to be increased to "75/. per caj>. 27. annum, over and besides, on livings where the rector or vicar docs not personally reside four months in the year at least ; the use of the rectory or vicarage house, and the garden and stabling thereunto belonging; .... or a further sum, not exceeding fifteen pounds per annum, in lieu of such house, garden, and stable," &c. The fourth section of this ,, jjj statute is verbatim the same as the sixth 40 iico. HI. '^'JJntkai section of the 36th Geo. III. cap. 83, applying 36 Geo.' III. t^ England (see above, page 40). The 5th c. 83, s. 6, QgQ jY ^^p_ gj^ ggj, j^ repeals so much of the 6th Geo. I. cap. 13, istGeo. II. cap. 22, and 40th Geo. III. cap. 27, "as relates to the inaiutetiauce of curates ivitJiin the Church of Ireland, and viaking provisions for appointing stipends for such curates!' To use, therefore, language similar to that used by Lord Cranworth in the case of Poole v. The Bishop of London, this repeal docs not touch the fourth section of the 40th Geo. III. cap. 27, inasmuch as and, like it, . . . . , still in that section does not relate to tlic main- tenance 01 curates or tlie (ixing of their stipend ; so that tlic enactments now in force for Ireland appear to be the 4th section of the 40th PROTESTANT CURATES. 45 Geo. III. cap. 27, and the whole of the 5th Geo. IV. cap. 91. In the next chapter I shall proceed to treat so much of the statutes i and 2 Vict, cap. 106, and 5 Geo. IV. cap. 91, as relate more especially to the residence of incumbents on their benefices ; premising, that the general observations of Lord Cranworth in Poole v. The Bishop of London are as applicable to the latter statute as to the former one. CHAPTER VI. THE PROVISIONS OF THE 1ST AND 2D VICT. C. Io6, FOR ENGLAND, AND OF THE 5TH GEO. IV. C. 9I, FOR IRELAND RELATING MORE ESPECIALLY TO THE RESIDENCE AND NON-RESIDENCE OF INCUMBENTS. The provisions of the ist and 2d Vict. cap. io6, ex- rro7>isions tending to luigland only, and those of the K'tat,!J^s 5^1^ Geo. IV. cap. 91, extending to Ireland anaiosoiis. Q^\y ^ ^rc in Hiost rcspccts analogous through- out where concerned with the same subjects of legis- lation, though there are some important points of distinction which will be duly noticed. The English statute contains 133 sections, and provides for many matters which do not come within the scope of the Irish Act, which contains only 84 sections. The first section of the ist and 2d Vict. cap. 106, repeals certain prior enactments, and ex- thefirst i)lains the general object of the Act. Sections 41 Sl-CtlOftS A "-> •' o/t/ie 2 — 14 relate to the holding of pluralities, English ^ . statute, which Can in no case be held without a licence or dispensation granted by the Archbishop of Canterbury, from whom lies an appeal to her Majesty in Council. Sections 15 — 27 relate to the union of THE RESIDENCE OF ENCUMBENTS. 47 churches and benefices, the disuniting of those ah-eady united ; the annexing of isolated tithing-s, ,, . ^ o ' Uiuon and hamlets, and other places to the contiguous ^''/"'■"(f'^ '■ ct cj oenr/ices, parishes, or making them separate bene- ^'- ^'■ fices. Section 28 forbids spiritual persons to take to farm for occupation more than eighty acres ■"" "^ Farming of land, without the consent of the bishop, "'"^. ■t ' trading. and then not for longer than seven years, under a penalty of forty shillings per acre per annum. Sections 29 — 31 relate to the prohibition of spiritual persons from trading or buying to sell again for profit or gain : excepting, however, spiritual persons engaged in keeping schools or as tutors, &c. in respect of any- thing done, or any buying or selling in such employ- ment ; and also persons selling anything bond fide bought for the use of their family ; or being managers, partners, or shareholders in any Benefit or Fire or Life Assurance Society ; or buying and selling cattle, corn, &c. for the use of their own lands. Spiritual persons illegally engaging in trade, which does not fall within any of the previous exceptions, may be sus- pended, and for the third ofi"ence deprived. Section 32 provides penalties for non-residence. Every incumbent not having a licence or exemption, and not „ , . ^ Penalties residing on some other benefice, is required >':«<'«- i residence, to keep residence on his benefice, and in the '^''■ house of residence belonging thereto. The penalty for absence exceeding three and not exceeding six months in the whole year, is forfeiture of one-third part of the annual value of the benefice ; for absence exceeding six and not exceeding eight months, for- 48 THE LA \V RE LA TLNG TO feiture of one-half of such value ; for absence exceed- ing eight months, forfeiture of tzvo-tJiirds ; and for absence during the whole year, forfeiture of tJiree- foiirtJis. Section 33 empowers the bishop to grant a licence to an incumbent to reside out of the usual house of residence, when such house is not a fit one. Section 34 enacts, that houses purchased by the Go- vernors of Queen Anne's Bounty are to be deemed residences within the meaning of the Act. Section 35 provides, that in all cases of rectories having vicarages endowed, or perpetual curacies, the residence of the vicar or perpetual curate in the rectory-house of such benefice shall be deemed a legal residence to all intents and purposes whatever. Section "^6 permits the widow of a spiritual person to continue in the house of residence for two months after his decease. Section 37 exempts from the penalties for non-resi- dence the head rulers of any college or hall within either of the Universities of Oxford or Cambridge, the Warden of the University of Durham, the Head Masters of Eton, Winchester, and Westminster Schools, and the Principal and Professors of the P2ast India College, provided they hold respectively no more than one benefice with cure of souls. Section 38 confers the privilege of temporary non-residence on deans of collegiate and cathedral churches ; on professors and public readers in the universities ; on chaplains to the Royal Family, to archbishops and bishops, and to the House of Commons ; on chancellors, vicar-generals, and commissaries of dioceses ; on deans, sub-dean.s, priests, and readers in the Ro}'al chapels; on j)rcachers THE RESIDENCE OF INCUMBENTS. 49 to the Inns of Court or at the Rolls ; on the Provost of Eton College, the Warden of Winchester College, the Master of the Charter House, the Principal of St. David's College, and the Principal of King's College, London — while actually engaged in the duties of their respective offices. Section 39 provides for the per- formance of cathedral duties being under certain restrictions accounted as residence. Section 40 saves all rights as to exemptions and licences existing at the passing of the Act. Section 41 renders liable to the penalties of non-residence an incumbent who, not residing in the house of residence, does not keep it in proper repair. The 1st section of the Irish statute repeals certain former enactments, premising that doubts 1 . , , . . Risnme of have arisen upon the construction of some the/irst c ,^ ■ • • 11 ... 13 sections ot their provisions, and that it is in con- 0/ the frisk . Statute. sequence necessary that such provisions be explained and other provisions made, and that the several laws for enforcing of residence and the maintenance of stipendiary curates be amended. Sec- tions 2 and 3 prohibit trading, with almost 1 • . , , Trading: the same exceptions as are contained in the English statute ; but instead of the penalties provided by this latter enactment for illegal trading, it simply enacts that every bargain and contract made contrary to the statute shall be void^ and of none effect, and that half such forfeiture shall go to the Crown, and ^ The corresponding section (31) of the English statute enacts ex- pressly that the contract is not to be deemed void, but may be enforced as if no spiritual person had been a party to it. E 50 THE LAW RELATING TO half to whoever may sue for it. The Irish Act con- tains no provision as to fanniiij^. Sections 4 — 13 relate to non-residence. The penal- ties provided by Section 4 are similar to those ^.J^7!'. provided by the h^n'^lish statute, and are recoverable by action in any of the courts of record at Dublin. The 5th section renders residence anywhere within the limits of the parish legal resi- dence, when there is no proper house of residence. The 6th section declares houses purchased by the Trustees and Commissioners of the First-fruits of Ecclesiastical Benefices in Ireland, to be IcL^al resi- dences within the meaning of the Act, though not situate within the parishes for which they were pur- chased. The 7th section corresponds to the 35th of the English Act, and declares that in all cases of rectories having vicarages endowed, the residence of the vicar in the rectory-house is to be deemed a legal residence. The 8th section corresponds to the 33d of the English statute, and empowers the bishop to allow any fit house within or without the limits of, but con- tiguous to, the benefice, to be used as a residence- house, when there is no such house belonging to the benefice. Section 9 exempts from the penalties for non-residence masters of hospitals and charities; vicars-general, principal surrogates, or officials in any ecclesiastical court ; chaplains to the Lord Lieutenant ; archbishops, bishops, and peers ; the Provost, Fellows, and officers of Trinity College, Dublin ; schoolmasters of endowed diocesan schools, and any persons spe- cially exempted by any Act of Parliament not repealed. THE RESIDENCE OF INCUMBENTS. 5 1 Section ro further exempts dignitaries residing at cathedral churches — prebendaries, canons, &c. — for the time of such residence, provided they keep resident curates on their benefices. Section i r empowers the bishop to hcense such dignitaries for a longer period of non-residence, if the duties of the cathedral require it. Section 12 contains a proviso in favour of pre- bendaries appointed before the passing of the Act. Section 13 corresponds to section 41 of the English Act, and makes an incumbent legally non-resident liable, however, to the penalties for non-residence without licence, if he do not keep the residence-house in proper repair. The Irish Act contains no provi- sion allowing the widow of a spiritual person to con- tinue in the house of residence two months after his decease. Licence for Non-residence, how obtainable : Particulars to be stated in application for : grounds upon which it WILL BE GRANTED : FeE PAYABLE FOR : APPEAL. English Statute. Irish Statute. XLII. And be it enacted, XVII. And be it further That every spiritual person enacted, That eveiy applica- applying for a licence for tion made by or in behalf of non-residence shall present any spiritual person holding to the bishop a petition any benefice, donative, per- signed by himself or by some petual or impropriate curacy, person approved by the bi- or parochial chapelry, to the shop in that behalf, and shall bishop of the diocese, for state therein whether such any Hcence for non-residence, spiritual person intends to shall be in writing and shall perforin the duty of his bene- (^hat salary he proposes to gi^'e his curate, and whether the curate pro- poses to reside, or not to reside, in the parish ; and if the curate intends to reside, then whe- ther in the parsonage-house, and if he does not intend to reside in the parish, then the ai:)plication shall state atzvhat distance therefrom, and at 7C'hat place, such curate in- tends to reside, and ivhether such curate serves any other parish as curate or incum- bent, or has any ecclesiastical preferment, or holds any do- native, -perpetual curacy, or parochial chapelry, or offi- ciates in any other church or chapel ; and such appli- cation shall also state the gross annual value of the bene- fice in respect of which any licence for non -residence shall be applied fur ; and it shall not be lawful for the bishop to grant any such licence, unless the application shall contain a statement of the several particulars aforesaid ; and all such applications and specifications shall be kept and filed by the Registrar of THE RESIDENCE OF INCUMBENTS. S3 and il shall not be lawful for the bishop to grant any such licence unless such petition shall contain a statement of the several particulars afore- said ; and every such petition shall h^ filed in tJie registry of the dioeese by the registrar thereof, and shall be open to inspection^ and copies thereof made, with the leave in writing of the bishop. XLIII. And be it en- acted, That it shall be lawful for the bishop, upon such petition being presented to him, and upon stick proofs being adduced as to any facts stated in any such petition as he may think necessary and shall require, to grant, in such cases as are hereinafter enu- merated, in which he shall think fit to grant the same, a licence in writing under his hand for such spiritual per- son to reside out of the pro- per house of residence of his benefice, or out of the limits of his benefice, or out of the limits prescribed by this Act, for the purpose of exempt- ing such person from any pecuniary penalty in respect of any non-residence there- on; which licence shall ex- press the cause of granting the same licence; (that is to say), to any spiritual person who the diocese in a separate book, which shall be kept and pre- served for that purpose ; and such book shall not be open to public inspection, or disclosed, or copies thereof made, except with the leave in writing of the bishop of the diocese. XIV. And be it further enacted. That from and after the passing of this Act it shall be lawful for any bishop, upon apphcation made for that purpose, by petition in writing, by any spiritual per- son, or by any fit and proper person on behalf of any spiritual person, having or holding any benefice locally situated within his diocese, Hpo)i such proofs as to any facts stated in any such pe- tition as any such bishop may think necessary, and shall require, by aftidavit made before any ecclesias- tical judge or his surrogate, or any justice of the peace or magistrate, or any master extraordinary in Chancery (which oath any such eccle- siastical judge or surrogate, or justice of the peace or magistrate, or master extra- ordinary in Chancery, is hereby authorized and re- quired to administer), to grant, in such cases as are in this Act enumerated, in 54 THE LA W RELA TING TO shall be prevented from re- siding in the ])roper house of residence or within the limits of such benefice, or within the limits prescribed by this Act, by any incapacity of mind or body ; and also for a period not exceeding six months to any spiritual person on ac- count of the dangerous i/Znt'ss 0/ /lis ivife or child, making part of his family, and resid- ing with him as such ; but that no such licence on ac- count of the illness of a wife or child shall be renewed save with the allowance ot the archbishop of the pro- vince previously signified under his hand, in ])ursuance of a recommendation in writing from tlie bishop, set- ting forth the circumstances, proofs, and reasons which induce him to make such recommendation ; and also to any spiritual person having or holding any benefice wherein there shall be no house of residence, or 7vherc the house of residence shall be unfit for the residence of such spiritual person, such unfit- ness not being occasioned by any negligence, default, or other misconduct of such spiritual person* and such spiritual person keeping such house of residence, if any, which, upon due considera- tion of all the circumstances stated in any such applica- tion, and verified to the satisfaction of the bishop as aforesaid, such bishop shall in his discretion think it fit to grant the same, a licence in writing under his hand, ^.v- fressing the cause of granting the same, to such spiritual person to reside out of the parish, or out of the proper house of residence of his benefice, for the purpose of exempting such person from any pecuniary penalty or forfeiture in respect of any non-residence thereon ; (that is to say), to any spiritual jjcrson who shall be pre- vented from residing in the proper house of residence, or in the parish, by any actual illness or infirmity of body, of himself or of his 7c>ife or child, making part of and residing with him as part of his fiimily ; and also to any spiritual per- son having or holding any benefice whereupon or where- in there shall be no house of residence, or ichere the house of residence shall be unft for the residence of such spiritual person, such unfitness not being occasioned by any negligence, default, or other misconduct of such spiritual THE RESIDENCE OF INCUMBENTS. 55 and the buildings belonging thereto, in good and suffi- cient repair and condition to the satisfaction of the bishop, and a certificate under the hand of two neighbouring incumbents, countersigned by the rural dean, if any, that no house convenient for the residence of such spiri- tual person can be obtained within the parish, or within the limits prescribed by this Act, being first produced to the bishop ; and also to grant to any spiritual person hold- ing any benefice, and occupy- ing in the same parish any mansion or messuage where- of he shall be the owner, a licence to reside in such man- sion or jnessnage, such spiri- tual person keeping the house of residence and other buildings belonging thereto in good and sufficient repair and condition, and produc- ing to the bishop proof to his satisfaction at the time of granting every such licence of such good and sufficient repair and condition : pro- vided always, that any such spiritual person, within one month after refusal of any such licence, may appeal to the archbishop of the pro- vince, who shall confirm such refusal, or direct the person, and such spiritual jDerson keeping such house of residence in repair to the satisfaction of the bishop ; and also to any spiritual per- son having or holding any benefice, and occupying in the parish of the same respectively, any mansion or messuage, to reside in such mansion or messuage, such spiritual per- son keeping the house of residence and other buildings belonging thereto in good and sufficient repair and con- dition, and producing to the bishop proof to his satis- faction, at the time of grant- ing and renewing any such licence, of such good and sufficient state of repair ; and also to any spiritual person having or holding any benefice of small value, and serving as a licensed stipendiary curate elsewhere, and providing for the serving such his benefice to the satisfaction of such bishop ; and also to any ush-cr of any endowed school duly licensed by the bishop, and actually employed in teaching therein, or to any person holding any oidowed lectureship or endowed cha- pelry, or endotued preacher- ship, and performing and executing the duties thereof respectively with the licence 56 rilK LAW RELATING TO bishop to grant a licenc:e under this Act, as shall seem to the said archbishop just and proper. XLVII. And be it enacted, That every person obtaining any licence of non-residence shall pay for the same to the secretary or officer of the bishop, or other person grant- ing the same, the sum of ten shillings, over and above the stamp duty chargeable there- on, and no more, and also the sum of three shillings, and no more, to the registrar of the diocese, and shall also pay the sum oi five shillings to the secretary of the arch- bishop when any such licence shall have been signed by such archbishop. of the bishop in whose dio- cese he shall so officiate : provided always, that the spiritual person obtainingany such licence shall jniy to the secretary or officer of the bishop the sum of ten shil- lings, exclusive of and over and above the stamp duty chargeable thereon, and no more : provided also, that it any spiritual person applying to any such bishop for any such licence shall think him- self aggrieved by the refusal thereof, it shall be lawful for such spiritual person to ap- peal to the archbishop of the province, who shall forth- with, either by himself or some commissioner or com- missioners appointed from among the other bisho])s of his province, under his hand, make or cause to be made inquiry into the same, and by writing signed by himself confirm such refusal, or grant a licence under this Act, as shall seem just and proper : provided always, that in every such case the spiritual person so appealing shall give se- curity to the bishop for the ])ayment of such reasonable expenses, occasioned by the appeal, as the archbishop or his commissioner or com- missioners shall award. THE RESIDENCE OF INCUMBENTS. 57 The above provisions of the EngHsh and Irish statutes are substantially the same, though p.tition/or there are some points of difference in matters ^"''"%/°'' of detail. The application for a licence for ''""'''■«'^'^- non-residence is to be made to the bishop in zvriting, and sigJicd by the person presenting the same, who may be the spiritual person requiring it, or some other person on his behalf approved by the bishop, when the spiritual person is himself incompetent to act — as when he is a lunatic, for example. This appli- cation is to contain certain particulars ; among which, however, the papulation of the benefice, the number of churches or chapels thereon, and the date of admission of the spiritual person are not required by the Irish statute. The bishop is expressly prohibited from granting a licence for non-residence, unless this pe- tition contain the required particulars. The petition is to be filed and preserved in the registry of the diocese, and is in England open to inspection with, and in Ireland not open to inspection without, the leave of the bishop in writing. The bishop may require proof oi the facts stated in the petition. The manner in which this proof is to be afforded is pointed out in the staiciwnts - r 1 T • 1 1 J in petition. 14th section of the Jrish statute above, and in the 123d section of the English statute, the provi- sions of which are generally applicable to all proceed- ings under the Act, and are as follow : " And be it enacted, that when authority is given by this Act to any archbishop or bishop to require any statement or facts to be verified by evidence, or to inquire or to 58 THE LAW RELATh\G TO cause inquiry to be made into any facts, such arch- bishop or bishop may require any such statement, or any of such facts, to be verified in such manner as the said archbishop or bishop shall see fit ; and that when any oath, affidavit, or affirmation or solemn declaration is or may be by or in pursuance of the provisions of this Act required to be made, such oath, affidavit, or affirmation or solemn declaration shall and may he made cither before such archbishop or bishop, or the commissioner or commissioners, or one of them, of such archbishop or bishop respectively, or before some ecclesiastical judge or his surrogate, or before a justice of the peace, or before a master or master extraordinary in Chancery, who are hereby authorized and empowered in all and every of the cases aforesaid to administer such oath, affidavit, and affirmation, or to take such declaration, as the case may be." The cause of granting the licence must be stated Grounds on therein. In England a licence for non-resi- n<^!ci^Ly dence {i.e. residence out of the proper house M"n,nt of residence, or out of the limits of the ^len'i'n. bcneficc, or out of the limits prescribed by the Act) may be granted on any of the following o-rounds : — i. Incapacity of mind or body of the spi- ritual person himself 2. Dangerous illness of his wife or child, being members of his fimily. 3. Want of a suitable house of residence, or unfitness of such house, if there be one. 4. Spiritual person having a mansion or messuage of his own in the same parish. In Ireland, in addition to the above four, are the THE RESIDENCE OF INCUMBENTS. 59 following also: — 5. Spiritual person having a benefice of small value, and serving as a licensed stipendiary curate elsewhere. 6. Being an usher of an endowed school. 7. Holding an endowed lectureship, chapelry, or preachership. It will also be noted that the ill- ness of wife or child need only be actual under the Irish statute, but must be dangerous under the English statute, which, moreover, limits non-residence on this account to a period of six months, renewable only by the express authority of the archbishop. The differ- ence between the fees chargeable under the two Acts will also be noticed. In the event of an appeal to the archbishop under the Irish statute, the appellant must give ^.-i. security for costs. This point is provided for ^""'2^^^/"^ by the iiith section of the English Act {post), under which security is to be given only if required. Bishop, vested with a discretionary power of granting Licences for Non-residence in cases not enumerated, SUBJECT however TO REVISION BY THE ARCHBISHOP. English Statute. Irish Statute. XLIV. And be it enacted, XV. And be it further That it shall be lawful for enacted, That it shall be any bishop, /;/ any case not lawful for any such bishop as hereinbefore enumerated in aforesaid, /;/ any cases tiot which such bishop shall think hereinbefore enumerated in it expedient, to grant to any which, under all the circum- spiritual person holding any stances of any such case, benefice within his diocese a such bishop shall think it licence to reside out of the expedient to grant to any limits of such benefice : pro- spiritual person possessed ot 6o THE LAW RELATIXG TO vided always, that in every such case the nature and special circumstances there- of, and the reasons that have induced such bishoj) to grant such licence, shall be forth- with transmitted to the arch- bishop of the province, who shall forthwith proceed there- in as hereinafter provided in cases of appeal, and shall allow or disallow such licence, in the whole or in part, or make any alteration therein, as to the period for which the same may have been granted or otherwise ; and 110 such licence shall be valid unless it shall have been so al- lowed by such archbishops such allowance thereof being sig- nified by the signing thereof by such archbishop : pro- vided also, that it shall not be necessary in such licence to specify the cause of granting the same. any benefice a licence to re- side out of the parish, or out of the proper house of resi- dence, as the case may be, or as the case may appear to such bishop to require, to assign, in any case in which a stipendiary curate may be employed to do the duty of such spiritual person, such salary as he shall judge fit to appoint, due respect being had to the value of such benefice, and to all other circumstances of the case ; and it shall also be la7cful for any bishop, in case of the absence from the realm of any spiritual person, to grant any such licence without any appli- cation made for that purpose, and from time to time, in any such case, to renew any such licence, as he shall think fit, and in every, such case to appoint a stipendiary curate, in case no curate duly licensed should be then employed in serving such benefice, and to assign a salary to such curate ; or if any curate shall have been and be then so em- ployed, to assign any addi- tional salary to such curate, or to appoint an additional curate, and in every and any of such cases, to cause such salaries to be paid by seques- tration of the profits of the THE RESIDENCE OF INCUMBENTS. 6i benefice : provided always, that in every such case re- spectively the nature and special circumstances there- of, and the reasons that have induced such bishop to grant such licence as aforesaid, shall be forthwith transmitted to the archbishop of the pro- vince to which such bishop shall belong, wJw shall fort h- 7vitk, by himself, or by some commissioner or commis- sioners appointed for that purpose from among the bishops of such province, by writing under his hand, which commissioner or commis- sioners is and are thereupon authorized to take upon him- self or themselves the execu- tion of the said commission, examine into such case, and make such inquiries as to any particulars relat- ing thereto, as such arch- bishop or commissioner or commissioners so appointed as aforesaid may think neces- sary ; and after such inquiries made by himself, or where the same shall be made by such commissioner or com- missioners, after a return ot the substance thereof in writing to such archbishop, such archbishop shall there- upon allow or disallow such licence in the whole or in 62 THE LAW RELATING TO part, or make any alteration therein as to the period for which the same may have been granted or other\vise, likewise as to the stipend as- signed to the curate, as to such archbishop shall seem fit : and no such iicence shall be good, valid, or effectual under this Act, for any ])urpose whatever, unless it shall have been so allo^ved and ap- proved by such archbishop, such allowance thereof being signified by the signing there- of by such archbishop : pro- vided always, that it shall not be necessary in such licence to specify the cause of granting the same. The above section of the ICnglish Act vests the Bishop's bishop with a discretionary power of t^raiiting '^in7ther licences for non-residence, in cases other than cases. those enumerated in the 43d section. A licence granted under the 44th section need not spe- cify the cause of its being granted; but the nature and special circumstances of the case, and the reasons wliich liave inducetl the bishop to grant it, must be reported to the arciibishop, who sJiall forthwilh pro- ceed as hereinafter provided in cases of appeal, i. e. in the I nth section {post), the provisions of which cor- respond in substance with the requirements in this respect of the above section (15) of the Irish Act. The wording of the section of the Irish Act is THE RESIDENCE OF INCUMBENTS. 63 peculiar. It does not, like the corresponding English section, directly vest the bishop with a discretionary- power of granting a licence in cases other than those enumerated ; but it empowers the bishop, in those cases not enumerated, in which he may think fit to grant such a licence (conveying by implication that he has such a power), to assign a salary to a stipendiary curate, if such a curate be employed. It then goes on to empower the bishop, in case of the absence from the realm of any spiritual person, to grant him a licence for non-residence, even though he may have made no application for such a licence ; and to appoint a sti- pendiary curate, or, where there is one, an additional curate, assign them proper salaries, and enforce the payment of such salaries by sequestration. Appa- rently, then, although in the cases enumerated in sec- tion 14 a licence for non-residence cannot be granted unless on a petition being filed containing certain par- ticulars, in all other cases, if the spiritual person be absent from the realm, such a licence may be granted without any petition or statement of particulars. The rare occasions on which it would be proper to exercise this discretion are subject to the control and revision of the archbishop, whose approval is expressly made necessary to the validity of the licence. Who may grant Licences for Non-residence during the Vacancy of the See, etc English Statute. Irish Statute. XLV. And be it enacted, XVIII. And be it further That during the vacancy of enacted, That during the va- any see the power of grant- cancy of any see, or the ab- 64 THE LA W RELA TING TO ing licences of non-residence under this Act, subject to the regulations herein con- tained, shall be exercised by \hti::;uardian of the spirituali- ties of t/ie diocese ; or in case the bishop of any diocese shall be disabled from exer- cising in person the functions of his oflice, such power shall be exercised by the person or persons lawfully empowered to exercise his general juris- diction in the diocese : pro- vided always, that no licence granted by any other than the bishop shall be valid un- til the archbishop of the pro- vince shall have signified his approbation of the grant of such licence by signing the same. sence of the bishop of the diocese from tliat part of the United Kingdom called Ire- land, the power of granting licences under this Act, sub- ject to the regulations there- in contained, shall be exer- cised by the vicar-general of the diocese, or in case such circumstances shall arise as shall disable the bishop from exercising in person the func- tions of his office, it shall be exercised by such person or persons as is or are lawfully empowered to exercise his general jurisdiction in the diocese. The approbation of the archbishop is not required by the Irish as it is by the English statute, in order to the validity of a licence for non-residence granted by the bishop's locum tcncns. Revocation of Licence for Non-residence : Period for which Licence ordinarily continues in force. Etis^lish Slatutt: XLIX. And be it enacted, That it shall be lawful for any archbishop or bishop who shall have granted any licence of non-residence asaforesaid, or for any successor of any Irish SliUutc: XIX. And be it further enacted, That it shall be law- ful for any bishop, who shall have granted any licence for non-residence as aforesaid, or for any successor or sue- THE RESIDENCE OF INCUMBENTS. 65 such archbishop or bishop, after having given such iii- cumbe7it sufficient opportu- nity of showing reason to the cont7-ary, in any case in which there may appear to such archbishop or bishop good cause for revoking tlie same, by an instrument in writing under his hand to revoke any such licence : pro- vided always, that any such incumbent may, within one month after service upon him of such revocation, if by a bishop, appeal to the arch- bishop of the province, who shall confirm or annul such revocation as to him shall appear just and proper. XLVI. And be it enacted, That no licence for non-resi- dence granted under this Act or under the said here- inbefore second-recited Act, shall continue in force after the thirty-first day of Decem- ber in the year next after the year in which such licence shall have been or shall be granted. cessors of any such bishop, to revoke any such licence in any case in which it may ap- pear to him or them proper and expedient to revoke the same : provided that any spiritual person may appeal against any such revocation by the bishop, in like manner as is hereinbefore directed in case of any refusal of any licence : provided also, that it shall be lawful for any archbishop to whom such ap- peal shall be made to order and direct such reasonable fees and charges to be paid by any spiritual person ap- pealing as aforesaid, in respect of any such proceedings as aforesaid, as he shall in his discretion think fit : provided also, that no licence for non- residence granted shall con- tinue in force for more than three years from the grant- ing thereof, or after the thirty- first day of December in the second year after the year in which such licence is granted. By the English statute, before revocation of a licence for non-residence, sufficient opportunity of showing reason to the contrary must be given to the incumbent. No such opportunity is required to be given by the Irish statute. The I nth section [post) of the English statute 66 THE LA W RE LA TING TO contains a provision similar to that of the first proviso in the above section of the Irish Act. It will be observed that the period during which a licence for non-residence, if not revoked, ordinarily continues in force, is a year longer in Ireland than in England. Licence not void by the Death or Removal of the Bishop who granted it. English Sicjfute. Irish Slaliik: XLVIII. And be it en- XVI. And be it further acted, That no licence of non- enacted, That no licence residence shall become void granted under this .\ct shall by the death or removal of be made void by the death the bishop granting the same, or removal of the bishop but the same shall be and granting the same, but the remain valid, notwithstand- same shall be and remain ing any such death or re- good and valid, notwithstand- moval, unless the same shall ing any such death or re- be revoked as hereinbefore moval, unless the same shall mentioned. be revoked by the next or any such succeeding bishop, as the case may reijuire. The above provision might appear unnecessary, as a bishop is a corporation sole, and the acts of a person holding the office at any time, duly performed in the exercise of such office, would hold good under his suc- cessor. These sections, therefore, eftect no alteration in the common law, but are inserted because the statute is declaratory of the common law as well as remedial. The 50th section of the English, and the 20th section of the Irish statute, require copies of licences and of revocations of licences for non-residence to be filed within one month in the registry of the diocese ; THE RESIDENCE OF INCUMBENTS. 67 and an alphabetical list of the same is to be prepared by the Registrar and kept in a book open copies to inspection by all persons upon payment amirJlo- of a fee of three shillings. Other copies bejiiedin , .,.,., . the registry are to be transmitted, within the same time, atidseutto • 1 1 1 ^^^ church- to the churchwardens of the parish by the -wardeiis. spiritual persons to whom such licences may be granted. The English (but not the Irish) Act further provides that a spiritual person failing so to transmit a copy of the licence and a statement in writing of the grounds upon which it was granted, shall lose all benefit of his exemption. The licences are also to be read publicly at the first Visitation after their being granted. The 51st section of the English statute requires a list of licences for non-residence granted by , . . " ^ List of every archbishop in his own diocese ; and of ,.«"'^"'' ^ ■^ ■'■ liCi'iices to those approved and allowed by him, in the ^^^entto ■I ^ ^ ' (jovern- cascs not enumerated in the Aet, to be trans- "'"'^■ mitted annually in the month of January to Her Majesty in Council, who may revoke any such licence, if so advised. Any licence so revoked is, however, to be held valid for the period between its grant and revocation. The 21st section of the Irish Act contains similar provisions, only that the Lord-Lieutenant in Council there exercises the power of revocation. These provisions are, it will be observed, an instance of the principle pointed out by Lord Cranworth in the case of Poole v. The Bishop of London. The exercise of the discretion confided to the bishop in the first in- stance is controlled by the archbishop ; and where the F 2 68 THE LAW RELATING TO archbishop is the authority of first instance, the power of control is vested in tlie executive ijovernment. The 5 2d section of the English Act requires spiri- Oiu'stious ^"'^^ persons holding benefices to make a afniuaii' ^etum in January each year to the questions ans-ivered by criven bclow,^ which are to be transmitted to tnao>,Oents. ^^^^^^ ^^^ (-J^^, bishojX ^ Questions to be annually transmitted by each Bishop to every spiritual person holding any benefice within his diocese or jurisdiction : — 1. Wliat is the name of your benefice? 2. In what county? 3. Name of incumbent, and date of admission ? 4. Is there a glebe-house belonging to your benefice ? 5. Were you resident in the glebe-house ; or, there being no glebe- liouse, or none fit for your residence, were you resident in any and what house appointed by the Bishop in his licence, during the last year, for the term prescribed by law ? 6. Being non-resident, were you performing the duties of your parish for the said time ? If so, state wliere you resided, and at what distance from the church or chapel. 7. Were you in the last year serving any other church or chapel in the neighbourhood as incumbent ? If so, slate the name thereof, and the distance from the above-named church or chapel ; and when and for how long you served the same. 8. Were you. serving any other church or chapel in the neighbourhood as curate ? If so^ state the name thereof, anfl the distance from your own church or chapel; and wlieii and for how long you served the same. 9. What are the services in your church? Is a sermon or lecture given at every or which of such services ? 10. Were these services duly performed last year? If not, for what reason ? 11. What are the services in your chapel or chapels, if any? Is a sermon or lecture given at every or which of such services ? 12. Were these services duly performed lait year? If not, for what reason ? 13. Have you any assistant curate or curates ? If so, state his or their THE RESIDENCE OF INCUMBENTS. 69 The 53d section of the same Act requires bishops to make a return annually to Her Majesty in Council names ; also whether he or they is or are licensed, and the amount of his or their stipend or respective stipends ? 14. If you were non-resident, were you so by licence? 15. If non-resident by licence, state the ground of licence, and the time when it will expire ? 16. If non-resident without licence, were you so by exemption? 17. If non-resident by exemption, state the ground of exemption, and whether such exemption was claimed for the whole year, or during what part thereof? 18. If you were non-resident, and did not perform the duties of your benefice, what ecclesiastical duties, if any, were you performing, and where do you now reside ? Observe, — The foregoing Questiojis are to be ans7vered by every Incumbent, whether resident or not. Further Questions to be anywered in addition to th-e foregoing, in case the Incumbent be non-resident. 19. What is the name of your curate? 20. Does he reside in the glebe-house ? 21. Does he pay any and what rent or consideration for the Use of the glebe-house ; or is any deduction made on account thereof from the stipend assigned to him in his licence ? 22. If not resident in the glebe-house, does he reside in the parish ? 23. If not resident in the parish, where does he reside, and at what distance from your church' or chapel ? 24. Does he serve any other church or chapel as incumbent? If so, state the name thereof, and the distance from your own church or chapel ? 25. Does he serve any other church or chapel as curate? If so, state the name thereof, and the distance from your own church or chapel. 26. Is he licensed ? 27. What is his salary from you ? 28. Has he from you any other allowances or emoluments ? State what, and the average value thereof respectively. 29. What is the gross and what is the net annual value of your benefice ? N.B. — All the Questions have reference to the year immediately pre- ceding that in ■n.'Iiich they are transmitted. THE LAW RELATING TO — I, of the names of the benefices in their diocese ; 2, of the names of resident incumbents ; 3, of incum- bents non-resident by reason of any Hcence or ex- emption granted under the Act; and 4, of incumbents non-resident but not having any such exemption or licence, together with the substance of the answers to the before-mentioned questions. The Irish statute does not require certain prescribed Irish questions to be answered, and its provisions nturns. ^^^ j^^ othcr fcspccts also different. An annual return is to be made by every bishop on or before the 25th March, containing: i, the names of all benefices; 2, the names of resident incumbents; 3, the names of incumbents non-resident under an exemption or licence ; 4, the names of incumbents non-resident without such exemption or licence ; 5, the names of curates licensed to serve benefices of non-resident incumbents ; the gross value of the bene- fice, whether it amounts to or exceeds 300/. per annum ; also the amount of the curate's salary and his place of residence. Non-residents by exemption without licence are also to notify yearly to the bishop, within six weeks from the ist January, the nature of the exemption, and whether the gross annual value of the benefice amounts to 300/. In default of making such notification they are, by the 23d section, liable to forfeit 20/. recoverable by sequestration ; but the bishop has the power of mitigating or remitting this penalty. The 24th section declares that the Act shall not exempt any person from canonical or ecclesiastical censures for non-residence. THE RESIDENCE OF INCUMBENTS. 71 Residence may be enforced by monition and sequestration OF THE Living, subject to an appeal to the Archbishop : Profits of Living under sequestration, how to be appropriated. English Statute. LIV. And be it enacted, That in every case in which it shall appear to the bishop that any spiritual person hold- ing any benefice within his diocese, and not having a licence to reside elsewhere than in the house of resi- dence belonging thereto, nor having any legal cause of exemption from residence, does not sufficiently, accord- ing to the true meaning and intent of this Act, reside on such benefice, it shall be law- ful for such bishop, instead of proceeding for penalties under this Act, or for penal- ties incurred before the pass- ing of this Act under the Act of the fifty-seventh year of His Majesty King George the Third, or after proceeding for the same, to issue or cause to be issued a monition to such spiritual person, requiring him forthwith to proceed to and to reside on such benefice, and perfonn the duties thereof, and to make a re- turn to such monition within a certain number of days L-ish Statute. XXV. And be it further enacted. That in every case in which it shall appear to any such bishop as afore- said, that any spiritual person having or holding any bene- fice, and not being licensed according to this Act to be absent therefrom, nor having any lawful cause of absence from the same, does not suf- ficiently reside on the same respectively, it shall be law- ful for such bishop to issue or cause to be issued a monition to such spiritual person forth- with to proceed to and reside thereon, and perfonn the duties thereof, and to make a return to such monition within a certain number of days after the issuing thereof, so as that in every such case there shall be thirty days be- tween the times of deliver- ing such monition to such spiritual person, or leaving the same at his then usual or last place of abode, or if not there to be found, with the officiating minister or one of the churchwardens, and also THE LA W RE LA TLXG TO after the issuing thereof ; /r^- 'I'idcd that in every such case there shall be thirty days between the time of serving such monition on such s]Mri- tual person, in the manner hereinafter directed, and the time specified in such moni- tion for the return thereto ; and the spiritual person on whom any such monition shall be served shall, within the time specified for that purpose, make a return thereto into the registry of the diocese, to be there filed ; and it shall be lawful for the bishop to whom any such return shall be made to re- quire such return or any fact contained therein to be veri- fied by evidence ; and /// every case 7v/icre no such re- turn shall he titadc, or cohere such return shall not state such reasons for the non- residence of such spiritual person as shall be deemed satisfactor}' by the bishoj:), or where such return, or any of the facts contained therein, shall not be so verified as aforesaid, Avhen such verifi- cation shall have been re- (juired, // shall be lawful for the bishop to issue an order in writing under his hand and seal, refjuiring such spiritual person to proceed and reside a copy thereof at the house of residence (if any such there be) belonging to such benefice, to which any such spiritual person shall be re- (juircd by such monition to ])roceed and reside thereon, and the time specified in such monition for the return thereto ; and a copy of every such monition shall imme- diately on the issuing thereof be filed in the registry of such bishoj/s court, and shall be open for insj^ection on the ])ayment of three shillings, and no more ; and the spi- ritual person to whom any such monition shall be sent under this Act shall, within the time specified for that purpose, make a return there- to into such registiy, to be there filed ; and it shall be lawful for the bishop to whom any such return shall be made, to re(iuire such re- turn, or any fact contained therein, to be verified by the oath of such spiritual person or others, to be taken before some surrogate, or justice of the peace, or master extraordinary in chancery, which oath any such sur- rogate, or justice of the peace, or master extra- ordinary in chancer}', is hereby authorized and re- THE RESIDENCE OF INCUMBENTS. 73 as aforesaid within thirty days after such order shall have been served upon him in like manner as is hereinafter directed with respect to the service of monitions ; and in case of non-compliance with such order, it shall be lawful for the bishop to sequester the profits of such benefice until such order shall be com- plied with, or such sufficient reasons for non-compliance therewith shall be stated and proved as aforesaid, and to direct, by any order to be made for that purpose under his hand, and filed as afore- said, the application of such profits, after deducting the necessary expetises of serving the cure, either in the whole or in such proportions as he shall think fit, in the first place to the payment of the penalties proceeded for, if any, and of such reasonable expenses as shall have been incurred in relation to such monition and sequestration, and in the next place towards the repair or sustentation of the chancel, house of resi- dence of such benefice, or of any of the buildings and appurtenances thereof, and of the glebe and demesne lands, and in the next place, where such benefice shall be quired to administer, on ap- plication being made for that purpose ; and in every case where ?io such return shall be made or zvhere such return shall not state such reasons as shall be deemed satisfactory by such bishop for the non-residence of the spiritual person to whom such monition shall have been sent as aforesaid, or where the same or any ' of the facts contained therein shall not be so verified as aforesaid, when the same shall have been required, then and in such case it shall be lawful for such bishop to issue an order in writing under his hand and seal, to require such person to pro- ceed to and reside as afore- said, within thirty days after such order in writing or a copy thereof shall have been delivered or left in like man- ner as hereinbefore required as to monitions ; and in case of non-compliance, it shall be lawful for such bishop to sequester the profits of such benefice of such spiritual person as aforesaid, until such order shall be complied with, or such sufficient rea- sons for non-residence stated and proved as aforesaid, and to direct by any order to be THE LAW RELATING TO likewise under sequestration at the suit of any creditor, then towards the satisfaction of such last-mentioned se- questration ; and after the satisfaction thereof, then and in the next place towards the augmentation and im- provement of any such bene- fice, or the house of resi- dence thereof, or any of the buildings and appurtenances thereof, or towards the im- provement of any of the glebe or demesne lands thereof, or to order and di- rect the same or any portion thereof to be paid to the treasurer of the governors of the bounty of Queen Anne, for the purposes of the said bounty, as such bishop shall, in his discretion, under all circumstances, think fit antl expedient ; and it shall also be lawful for the bishoj), within six months after such order for sequestration, or within six months after any money shall have been actu- ally levied by such seques- tration, to remit to such spiri- tual person any proportion of such sequestered profits, or to cause the same or any part thereof, whether the same remain in the hands of the secpiestrator or shall have been paid to the said trea- made for that purpose under his hand, and filed as afore- said, the application of such profits, after deducting the necessary expenses of serving the cure, either in the whole or in such proportion as he shall think fit, in the first place, to the payment of such reasonable expenses as shall have been incurred in rela- tion to such monition and seijuestration, and in the next place, towards the aug- mentation or improi'ement of any such benefice or house of residence thereof, or any of the buildings and appur- tenances thereof, or towards the improvement of any of the glebe or demesne lands thereof, or to order and direct the same or any portion there- of to be paid to the trustees and commissioners of the first fruits in Irehiud for the augmentation of the main- tenance of the ])Oor clergy, to be applied for the pur- poses of such augmentation as such bishop shall, in his discretion, under all circum- stances think fit and expe- dient ; and it shall also be lawful for any such bishop, within six months after such order for secpiestration, or within six months after any money shall have been THE RESIDENCE OF LXCUMBENTS. 75 surer, to be paid to such spiritual person ; and every such sequestrator, at the suit of the bishop, is hereby re- quired, upon receiving an order under the hand of such bishop, forthwith to obey the same ; and the said trea- surer is hereby authorized and required, upon receiv- ing a hke order from such bishop, to make such pay- ment out of any money in his hands : proi'ided always, that any such spiritual person may, within one month after service upon him of the order for any such sequestration, aj)pcal to the archbishop of the province, who shall make such order relating thereto, or to the profits that shall have been so sequestered as aforesaid, for the return of the same or any part thereof to such spiritual person, or to such sequestrator at the suit of any creditor (as the case may be) or otherwise as may appear to such arch- bishop to be just and proper; but nrvertheless such seques- tration shall be in force during stick appeal. actually levied for such se- questration, to remit to any such spiritual perso?}. any part or proportion of such seques- tered profits, or cause the same or any part thereof that shall have been paid or directed to be paid to the said trustees and commis- sioners, to be repaid to such spiritual person, which repay- ment the said trustees and commissioners are hereby authorized and required, upon an order under the hand of any such bishop, to make out of any money then in their hands, or if no money shall then be in their hands, out of the next money that shall come to their hands, in any case which by reason of the subsequent obedience of any such spiritual person to any such monition or order, or the stating and proving such sufficient reasons as afore- said, such bishop shall think the same proper : provided always, that when any such spiritual person shall think himself aggrieved by reason of any such seques- tration issued by any bishop, it shall be lawful for such spiritual person, within one month after the making any order for any such sequestra- 76 THE LA W RELA TLYG TO tion as aforesaid, to appeal to the archbishop of the pro- vince to which such bishop shall belong, who shall forth- with, either by himself or some commissioner or com- missioners appointed from among the bishops of his province for that i)urpose, un- der his hand and seal, make or cause to be made due inquiry into the same, and make such order therein or relating thereto, or to the profits that shall be so se- questered as aforesaid, for the return to such spiritual person of the same or any l)art thereof, or otherwise, as shall under all the circum- stances of the case appear to such archbishop (after such inf]uir}'- made by him- self or by his commissioner or commissioners, and in the latter case, after the sub- stance of such intjuiry shall have been returned in writing to the said archbishop) to be just and proper : pro7'idcd aKva)s, that the party so ap- pealing shall give security to the bishop for the i)ayment of such reasonal)le expenses occasioned by the appeal as the archbishop or his com- missioner or connnissioners shall award : provided also, that no suck order for any THE RESIDENCE OF INCUMBENTS. 77 sequestration shall be put hi force during such appeal as aforesaid, and until the same shall be deter mined. Provisions for making an inquiry by commissioners, and for giving security for costs similar to those con- tained in the above section of the Irish Act, will be found in the iiith section of the English statute {post). Incumbents returning to residence on monition, even before a sequestration has issued, must jncnmhents pay the costs and charges incurred in issu- ^^^f/'/i'l'Tw? ing such monition (s. 55, Eng.; s. 26, In); and "'"«"''''«.■ if they again absent themselves within twelve months, the bishop may proceed to sequester without ns'ain issuing any further monition. In this latter ah'scnting _ _ _ tliemselves. case the sequestration will in Ireland remain in force during an appeal to the archbishop. It will be observed that it would not have so remained in force during an appeal in the cases provided for by the 25th section of the Irish statute {q.v)j. Bishops are empowered by the 28th section of the Irish Act to punish past non-residence, and pastnon- to levy the penalties incurred thereby, by Zuhkabie sequestration, as in the case of non-com- '-"■ ^^'^i"-'"^- pliance with an order for residence. Penalties amounting to more than one-third part of the yearly value of any benefice, and y^^„„„,-^„ for non-residence exceeding six months in e/'A'««^^'«- the year, may, even although a monition have issued for their recovery, be remitted by the bishop, 78 THE LA W RELA TIXG TO subject to revision by the archbishop ; and when im- posed by the archbishop may by him be remitted, subject to revision by the Government. (S. 57, Hng. ; s. 29, Ir.) An EngHsh benefice continuing for the space of one whole year under sequestration for dis- Beneftce ■> ^• i i ■ i • becomes obcdiencc to the bishop s monition requiring void, wlien. . . . ... residence, or twice sequestered in the space of two years, and not on either occasion rehcved on appeal, becomes void. (S. 58.) An Irish benefice becomes void if under sequestration for two whole years, or thrice sequestered in the space of two years, and not relieved on appeal. Contracts for letting houses in which spiritual per- sons may be required by the bishop to reside Letting pf . , , 1 1 J • residence- arc void, aud any person holding possession after being directed to quit is liable to a penalty of forty shillings a day. A Justice may, moreover, grant a warrant to take possession. This does not, however, prevent such houses from being let so long as they are not required for the residence of the incumbent or of the curate; but any agree- ment for such letting in England must be in writing, and must contain a condition for re-entry in case the house .should be required. (S. 59, Eng.; s. 31, Ir.) Gar- dens, orchards, and the appurtenances of the house are subject to the same rule. Sections 62 — 74 of the Engli.sh statute contain pro- Prm'isious visious cualjliug tlic bisliop to provide suit- for erecting , , , ... , residence- ablc houscs oi rcsKicncc b\' raisiug money houses III Engianj. on mortgagc, &c. THE RESIDENCE OF INCUMBENTS. 79 Monitions are to issue under the hand and seal of the bishop. It is competent to the party p^. monished to show cause why a sequestration Zay''fwt should not issue. If such cause be not '""'■^^• shown within the time assigned by the monition, the sequestration issues under the seal of the bishop's Consistorial Court in England, under the bishop's seal in Ireland. (S. 112, Eng.; s. 74, Ir.) All penalties and forfeitures incurred by spiritual persons under the English Act may be sued penalties for and recovered in the court of the bishop ^abkfZZ' of the diocese by any one duly authorized fersinfby in writing by the bishop for that purpose, anTsequL- and payment of such penalty or forfeiture, ^''^^^"'^ with costs, may be enforced by monition and seques- tration. (S. 114, Eng.) Penalties in Ireland are re- coverable in a summary way by monition and seques- tration. (S. 75, Ir.) Fees, charges, costs, expenses, remaining unpaid by spiritual persons for twenty-one days after demand in writing, are recoverable in the same manner. (S. 11 5, Eng.; s. 76, Ir.) In England such costs and charges are liable to taxation. Under the English statute penalties and forfeitures incurred by non-spiritual persons, or by Penalties spiritual persons not holding benefices, are yromTa-- recoverable by action of debt in the courts E"'/i""^i,y at Westminster. (S. 117, Eng.) "'''"'■ No penalty is recoverable from any spiritual person other than that incurred during the year Penalties immediately preceding that in which the than a 1 r-> r. -r-< \ year 7lot action IS commenced. (S. 118, Eng.; s.34, Ir.) recoverable 8o THE RESIDEXCE OF IXCUMBENTS. The term " benefice," in the English Act, includes What is a perpetual curacies, parochial chapelries, do- benefice? nativcs, impropriate curacies, &c. In Ireland, actions for penalties may not be com- ^ . , menccd in the Courts of Record at Dublin special provisions of before the ist I\Iav next after the expiration the Irish ' '■ statute. q{ ^hg year in which the alleged offence is said to have occurred (s. 36). One month's notice must be given to the defendant and to the bishop of the diocese, and the plaintiff cannot recover without proof that such notices were actually given (ss. 39, 40). No evidence can be given by the plaintiff at the trial, except such as is contained in such notices (s. 41). Licences may be pleaded in bar of action, and in case of a non-suit, defendant is to have double costs (s. 44). If at the time of filing any monition no action has been commenced, an action cannot afterwards be brought (s. 45). When a penalty can be recovered by sequestration in three years, it is not to be levied by execution against the person (s. 46). Archbishops and bishops having benefices are not liable to the penalties for non-residence (s. 71). CHAPTER VII. THE PROVISIONS OF THE 1ST AND 2D VICT, CAP. To6, AND OF THE 5TH GEO. IV. CAP. 9 1, WHICH RELATE MORE ESPECIALLY TO THE LICENSED CURATES OF RESIDENT AND NON-RESIDENT INCUMBENTS. Having in the last chapter treated those sections of the two statutes which relate especially to the resi- dence of incumbents, to exemptions from residence, and to licences, and penalties for non-residence, I now come to such portions as are immediately con- cerned with the maintenance and employment of curates, the grant and revocation of their licences, the allocation and enforcement of payment of their salaries, and other homogeneous matters. Bishop may appoint and license a Curate when Incumbent does not reside nine months in the year : c urate where to reside. English Statute. Irish Statute. LXXV. And be it enacted, XLVII. And be it further That if any spiritual person enacted, That if any spiritual holding any benefice, wJw person holding any benefice, shall not actually reside thereon who does not or shall not nine months in each year (un- actually reside thereon nine less such person shall, with months in each year (unless the consent of the bishop, such person shall do the duty 82 THE LAW RELATING TO from time to time signified in writing under his liand and revocable at any time, per- form the ecclesiastical duties of the same, he either being resident on another benefice, of which he shall also be the incumbent, or having a legal exemption from residence on his benefice, or having a li- cence to reside out of the same, or to reside out of the usual house of residence be- longing to the same), shall for a period excecd'uig three months altogether, or to be accounted at several times, in the course of any one year absent himself from his bene- fice, 7oithout leaving a curate or curates didy licensed or ap- proved by the bishop to per- form such ecclesiastical du- ties, or shall, for a period of one month after the death, re- signation, or removal of any curate who shall have served his church or cha[)el, neglect to notify such death, resig- nation, or removal to the bishop, or shall y^v the period of four months after the death, resignation, or removal of such curate neglect to nominate to the bishop a proper curate, /// every such case the bishop is hereby authorized to appoint and license a proper curate, with such salary as is by this of the same, having a legal exemption from residence, or a licence to reside out of the parsonage-house or vicarage- house, or other usual house or residence belonging to the same), shall, for a period ex- ceeding three months, absent himself from his beneficvi 7vithout leaving a curate duly licensed, or other spiritual per- son, to i)erform, and who shall duly perform the eccle- siastical duties of such bene- fice, or shall for a period of three months after the death, resignation, or removal of any curate who has served his church or chapel, neglect to notify such death, resigna- tion, or removal to the bishop of the diocese, or to nominate to the bishop of the diocese a proper curate, then and in every such case, and in every case in which no curate shall be nominated to the bishop for the i)urpose of being li- censed by him within such period as aforesaid, the bishop is hereby authorized to appoint and license a proper curate, with such salary as by this Act is allowed and directed, to serve the church or chapel of the ]wrish or place in re- spect of wOiich such neglect or default shall have oc- cunx'd : provided always, PROTESTANT CURATES. 83 Act allowed and directed, to serve the church or chapel of the benefice in respect of which such neglect or default shall have occurred : pro- vided always, that siich Uccnce shall in every case specify whether the curate is required to reside within the parish or place, or not ; and if the curate is permitted by the bishop to reside out of the parish or place, the grounds upon which the curate is so permitted to reside out of the same shall be specified in such licence ; and the dis- tance of the residence of any curate from any such churcli or chapel which he shall be licensed to serve shall not exceed three statute miles, ex- cept in cases of necessity, to be approved by the bishop, and specified in the licence. that the licence shall in every case specify whether the cm'ate is required to reside within the parish or place or not, and if the curate is permitted by the bishop granting the li- cence to reside out of the parish or place, the grounds upon which the curate is so permitted to reside out of the parish or place shall be specified in the said licence; and the distance of the resi- dence of any curate from any church or chapel which he shall be licensed to serve shall not exceed fve statiit . miles, except in cases of ne- cessity, to be approved by the bishop, and specified in the licences. The above two sections are, with a slight difference, substantially the same. The power of the , . , . If 1 Bishop's bishop to appoint and license a curate and poiwrto , , . -, appoint assign him a salary, as provided by the curate .... - arises, ivhen. Act, arises when the incumbent, being not actually resident for nine months in each year, and having no licence or exemption for non-residence, (i) absents himself for three months at once or for periods aggregating three months in the course of a year, reckoned from ist January to 31st December; or (2) G 2 S4 THE LAW RELATING TO in England neglects (a) for one month to notify the death, resignation, or removal of any curate ; or (/3) for four months to nominate a proper successor to such curate ; or, in Ireland, neglects for tJiree months to notify such death, resignation, or removal, or to nomi- nate a successor. In the first case the bishop's power arises — in England, if the absentee leave no curate duly licensed and approved by the bishop ; in Ireland, if he leave no curate duly licensed, or othcj' spiritual person to perform the ecclesiastical duties. The licence must specify whether the curate is to Curates reside in the parish or not ; and if he is residence, pel-fitted to rcsidc out of it, the grounds of such permission. He may not ordinarily reside in England more than three miles, and in Ireland more than five miles, from the church. The following sec- tions mak'c further provisions in respect of the same subject. English Statute. LXXVI. And be it en- acted, That in every case where a curate is apjiointed to serve in any benefice upon which the incumbent either docs )iflt reside or has not satisfied the bishop of his full purf^osc to reside during; four months in the year, such curate shall be required by the bishoi) to reside within the parish or place in which such benefice is situate, or if no convenient r-j^idence can be procured Irish Statute. XLVH I. And be it further enacted, That in every case where a curate is apponited to serve a benefice upon which the incumbent is non- resident for more than three months in the year, from e-x- emption, licence, or other- wise, such curate shall be re- quired by the bishop to reside within the parish, provided the gross value of such bene- fice amounts to three hundred pounds a }'car or upwards, PROTESTANT CURATES. 85 within such parish or place, then within three statute miles of the church or chapel of the benefice in which he shall be licensed to serve, except in cases of necessity, to be approved of by the bishop, and specified in the licence, and such place of residence shall also be spe- cified in the licence. and the population amounts to three hundred persons or upwards, or provided the population amounts to one thousand persons or upwards, whatever may be the value of such benefice : provided always, that whenever it shall be made out to the satis- faction of such bishop, that from special and peculiar circumstances great incon- venience would arise from such curate being compelled to reside within the parish, it shall be lawful for the bishop to allow such curate to reside in some near and convenient place : provided also, that the licence to be granted to such curate shall specify the special circum- stances which have induced the bishop to allow such residence out of the parish, and shall be entered and filed in the registry of the diocese. Citrate must reside, IV ken. By the English statute the curate is required to reside in every case in which the incumbent is not resident for fo?ir inonths in the year, when a convenient residence is procurable within the parish. By the Irish statute he is required to reside if the incumbent is non-resident for more than three months, and if the benefice either (n) has a population of one thousand persons, or (/Q) has a 86 THE LA W RELA TING TO population of three hundred persons, and is also worth 300/. per annum. With reference to the section of tlie English Act, distance in England is computed by the nearest road or footpath, or by an accustomed ferry (sec. 129). We have just dealt with the power vested in the bishop of compelling the employment of a licensed curate, when the incumbent is not actually resident for nine months in the year. We now come to con- sider the discretion which the same functionary is empowered to exercise in compelling the employment of a curate when the duties are more than can be properly performed by a single clergyman. Appointment of licensed Curates when the Incumbent is resident. English Statute. LXXVII. And be it en- acted, That whenever the bishop shall see reason to believe that the ecclesiastical duties of any benefice are in- adequately performed, it shall be lawful for him to issue a commission to four beneficed cleri^ymcn of his diocese, or if the benefice be within his ])eculiar jurisdiction but lo- cally situate in another dio- cese, then to four beneficed clergymen of such last-men- tioned diocese, one whereof shall be the rural dean, if any, of the rural deanery or district wherein such benefice Irish Statute. XLIX. And be it furthtr enacted, That whenever it shall appear to the satis- faction of any bishop, either of his own knowledge or upon proof by affidavit laid before him, that by reason of the number of churches or chapels beloni::;ing to any benefice locally situate withi/i his dio- cese, or the distance of such churches or chapels from each other, or the distance of the residence of the spiritual person serving the same from such churches or chapels, or any or cither of them, or the negli- gence, or mental or bodily in- PROTESTANT CURATES. 87 is situated, directing them to inquire into the facts of the case; and it sliall be lawful for the incumbent of the said benefice to add to such commissioners one other in- cumbent of a benefice within the same diocese; and if the said commissioners or the major part of them report in writing under, their hands to the said bishop, that in their opinion the duties of such benefice are inadequately performed, it shall be lawful for such bishop, if he sliall see fi.t, by writing under his hand, to require the spiritual person holding such benefice, though he may actually reside or be engaged in performing the duties thereof to nominate to him a fit person or persons, with sufficient stipend or sti- pends, to be Hcensed by him to perform or to assist in performing such duties, spe- cifying therein the grounds of such requisition ; and if such spiritual person shall neglect or omit to make such nomination for the space of three months after such re- quisition so made as afore- said, it shall be lawful for the bishop to appoint and license a curate -or curates, as the case shall appear to him to require, with such stipend or firmity of the spiritual person holding the same, that the ecclesiastical duties of such benefice are inadequately pcr- fonncd, or where it shall appear to such bishop as aforesaid, that the residence of such spiritual person is at too great a distance from any parish united to the one in which he resides to admit of his performi?ig all the eccle- siastical duties, such bishop may, by writing under his hand, require the spiritual person holding such benefice to nominate to him a ft person or persons, with sufficient stipend or stipends, to be licensed by him to perform or to assist in performing such duties, specifying therein the grounds of such proceed- ing; and if such spiritual person shall neglect or omit to make such nomination for the space of three months after such requisition so made as aforesaid, then and in every such case it shall be lawful for such bishop to ap- point a curate or curates, as the case may appear to such bishop to require, with such stipend or stipends as such bishop shall think fit to ap- point, not exceeding in any case in the whole the sti- pends allowed to curates by 88 THE LA IV RELA 11 NG TO stipends as he shall think fit to appoint, not exceeding the respective stipends allowed to curates by this Act in the case of non-resident incum- bents, nor except in the case of negligence exceeding one half of the net annual value of such benefice ; and such bishop shall cause a copy of every such requisition, and the evidence to found the same, to be forthwith filed in the registry of his court : provided always, that it shall be lawful for any such spiritual person within one month after the service upon him of such requisition to nominate a curate, or of notice of any such appointmentand licence of such curate or curates, to appeal to the archbishop of the province, who shall ap- prove or revoke such requi- sition, or confirm or annul such appointment, as to him may seem just and proper. LXXVIII. And be it en- acted, That whenever the annual value of any benefice the incumbent whereof was not in possession at the time of the passing of this Act shall exceed five hundred pounds^ and the population thereof shall amount to three thousand persons, or though the population do not amount this Act, nor, except in the case of negligence, exceeding one- half of the gross annual value of the benefice, although the spiritual person to whom such churches or chapels shall be- long shall actually reside or sejve the same: provided al- ways, that such requisition, and any affidavit made to found the same, shall be forthwith filed by the bishop in the registry of his court : provided a.ho, that it shall be lawful for any such spiritual person who shall think him- self aggrieved by any such appointment of such curate or curates, to appeal to the archbishop of the province to which such bishop shall belong, in such and the like manner, and under such provisions and directions as are allowed to any spiritual person thinking himself ag- grieved by any sequestration issued by any bishop. PROTESTANT CURATES. to three thousand persons, if there be in the said benefice a second church or chapel situated not less than two miles from the mother church, and with a hamlet or district connected with it containing four hundred persons, it shall be lawful for the bishop, if he shall see fit, to require the spiritual person holding such benefice, although he shall be resident thereon or engaged in per- forming the duties thereof to nominate a fit and proper per- son to be licensed as a curate to assist in performing the duties of such benefice, and to be paid by the person holding the same ; and if a fit person shall not be nomi- nated to the bishop within three months after his requi- sition for that purpose shall have been delivered to the incumbent, or left at his last or usual place of abode, it shall be lawful for the bishop to appoint and license a curate, with such stipend as he shall think fit to appoint, not exceeding the respective stipends allowed to curates by this Act, nor in any case exceeding onefifth part of the net annual value of the benefice : provided always, that such spiritual person go THE LA \V RE LA TING TO may, within one month after service upon him of such requisition to nominate a curate, or of notice of any such appointment of a curate, appeal to the archbishop of the province, who shall ap- prove or revoke such requi- sition, or confirm or annul such appointment, as to him may appear just and proper. A bishop, in England, may require a resident in- cumbent to appoint a curate : (i) When the Resident . . . . . • ^ i j incumbent majont)' of a commission, appointed under may be ,.,..., required to scc. 7/, rcport that in their opinion the appoint rt . , _ . , , curate, dutics of tlic bencficc are inadequately per- formed ; and apparent!}' tliis may be for any cause ; (2) When the bishop himself sees fit, and the value of the benefice exceeds 500/. per annum, the population moreover amounting to 3,000 persons, or (though the population be less than 3,000) there being a second church not less than two miles from the mother church, with a hamlet or district having a population of 400 persons. In either case, if the incumbent do not, when directed, nominate a curate, the bishop has power to appoint ; but the incumbent may appeal to the archbishop, who may review the exercise of the discretion vested in the bishop. In Ireland there is no provision for the appoint- ment of a commission. The bishop can act sno viotn in the following cases, viz. : When the dutics are inadequately performed (i) by reason of the number PROTESTANT CURATES. 91 of churches or chapels in the benefice ; (2) by reason of the distance of such churches or chapels from each other ; (3) by reason of the distance of the incumbent's residence from such churches or chapels ; (4) by reason of the incumbent's negligence, or (5) mental or bodily infirmity ; (6) when, in the case of two parishes being united, one of them is too far from the other, in which the incumbent resides, to admit of his properly per- forming the duties. As to the amount of salary, see sec. 85, Eng., and sec. 54, In, post. In England, in the ^^^^^^^^-^ cases contemplated by sec. TJ, the curate's so-i<^>-y- salary, except in a case of negligence, is not to exceed one-half the annual value of the benefice : where the bishop has the sole discretion under sec. ']'^, the salary is not to exceed one-fifth of such annual value. In Ireland, it is never, except in the case of negligence, to exceed one-half: that is, a resident (though not a non-resident) incumbent must have for himself at least half the income. Curate by whom paid, when Incumbent is a lunatic. English Statute. LXXIX. And be it en- There is no similar pro- acted, That in case of a vision in the Irish statute. stipend being assigned by the bishop, according to the provisions of this Act, to the curate of any benefice, the in- cumbent whereof shall have been duly found a lunatic or person of unsound mind, the conimiifee of the estate of 92 THE LAW RELATING TO any such lunatic or person of unsound mind shall pay such stipend to such curate out of the profits of the benefice which shall come to his hands. Statement of particulars required when ai'pi.ication is MADE for a Licence for a Curate to a non-resident Incumbent. English Statute. LXXXI. And be it en- acteil, That every bishop to whom any application shall be made for any licence for a curate to serve for any person not duly residing upon his benefice, shall, before he shall grant such licence, require a statement of all the particulars by this Act recjuired to be stated by any person apply- ing for a licence for non-resi- dence ; and in every case in which application sliall be made to any bishop for a licence for any stipendiary curate to serve in any bene- fice, whether the incumbent be resident or non-resident, such bishop shall also re- quire a declaration in 7V riling to be made and subscribed by the incumbent and the curate to the purport and effect that the one bona fide intends to pay, and the other bona fide intends to receive, the whole actual stipend mentioned in Irish Statute. LI. And be it further enacted, That every bishop to whom any application shall be made for any licence for a curate to serve for any person not duly residing upon his benefice, shall, be- fore he shall grant such licence, require a statement of all the particulars by this Act required to be stated by any person applying for a licence for non-residence ; and it shall not be lawful for any bishop to grant a licence to any curate to serve the church or chapel of any per- son as aforesaid, upon any such application as aforesaid, until a statement of all such particulars as aforesaid shall have been delivered to him ; and such statement shall be kept and filed, and preserved from public inspection, and disclosed only in like manner and in such cases as is be- fore directed as to state- PROTESTANT. CUR A TES. 93 such statement, without any abatement in respect of rent or consideration for the use of the glebe-house, and with- out any other deduction or reservation whatever. ments of persons applying for licences for non:resi- dence. The declaration in writing as to the bond Declaration. ^ as to bona fide payment and receipt of the curates fide/aj- ^ _ _ jnent of salary is not required by the Irish statute. salary. Bishop required to appoint to Curates' the salary specified IN THE Act, and to determine all disputes as to such SALARY, AND TO ENFORCE PAYMENT THEREOF : FeE PAYABLE FOR Curate's licence. English Statute. LXXXIII. And be it en- acted. That it shall be lawful for the bishop of the diocese, and he is ha-eby required., sub- ject to the several provisions and restrictions in this Act contained, to appoint to every curate of a 7ion-resident in- cumbent such stipend as is spe- cified in this Act ; and every licence to be granted to a stipendiary curate, zchether the incumbe7it of the benefice be resident or non-resident thereon, shall specify the amount of the stipend to be paid to the curate ; and in case any difference shall arise between the incumbent of any benefice and his curate touching such stipend, or the payment thereof or of the Irish Statute. LIT. And be it further en- acted, That it shall be laivful for the bishop, and he is here- by required, subject to the several provisions and re- strictions in this Act con- tained, to appoint to evety curate such salary as is al- hnved and specified in this Act; and every licence to be granted to a stipendiary curate under this Act shall contain and specify the amount of the salary allowed by the bishop to the curate ; and such licence, or any copy of the registry thereof, signed by the registrar of the diocese or his deputy, shall be evidence of the amount of the salary so appointed to any curate in all courts of 91 THE LAW RE I. AT I XG TO arrears thereof, the bishop, on complaint to him made, may and shall summarily hear and determine the same, 7vithout appeal ; and in case of wilful neglect or refusal to pay such stipend, or the arrears thereof, he is hereby empowered to enforce pay- ment of such stipend, or the arrears thereof, by monition, and by sequestration of the profits of such benefice. LXXXII. And be it en- acted, That every curate ob- taining such licence as afore- said shall pay to the secretary or other proper officer of the bishop for the same the sum of ten shillings, over and above any stamp duty which may be chargeable thereon, which sum of ten shillings shall be in lieu of all fees heretofore demandable by such secretary or officer for such licence, or for any certi- ficate connected therewith ; and that whenever any per- son shall be licensed to two curacres within the same diocese at the same time, it shall be sufficient for such person to sign a declaration appointed to be signed by an Act, intituled An Act of Uniformity, once only ; and it shall be sufficient for such person to 2)roduce one certi- law or equity ; and in case any difference shall arise be- tween any rector or vicar, or person holding any benefice, and his curate, touching such stipend or allowance, or the payment thereof, or of the arrears thereof, the bishop, on complaint to him made, may and shall summarily hear and determine the same and in case of wilful neglect or refusal to pay such stipend, salary, or allowance, or the arrears thereof, he shall be and is hereby empowered to proceed by monition and secjuestration to sequester the profits of the benefice for and until payment of such stipend or allowance, or the arrears thereof: pro- vided always, that the curate obtaining any such licence shall pay to the secretary or officer of the bishop the sum of one pound, exclusive ot any stamp duty which may be chargeable thereon, which said sum of one pound shall be in remuneration of al'i and every fee or fees now demandable by the said secretary or officer for ob- taining such licence, or for the signature of any decl;i- ration by the said curate in consequence of such licence, or of any certificate of such PROTESTANT CURATES. 95 ficate only of his having so curate having signed such de- signed such declaration. claration : and provided also, that from and after the pass- ing of this Act, as often as any person shall be licensed to two or more curacies within the same diocese at one and the same time, it shall be sufficient for such person to sign one declara- tion only, appointed to be signed by an Act made in the parliament of Ireland in the seventeenth and eighteenth years of the reign of King Charles the Second, intituled An Act for the Uni- formity of puhiic prayers and administration of sacraments, and other rites and ceremo- nies ; and for establishing the form of making, ordain- ing, and consecrating bishops, priests, and deacons in the Church ^Ireland ; and once to take the oaths of allegi- ance and abjuration ; and also that it shall be sufficient for such person to produce one certificate only of his having so signed such decla- ration and taken such oaths before the bishop of the diocese. The curate's licence must in all cases specify the amount of salary which he is to receive ; and under the provisions as well of the English as of the Irish 96 THE LAW RELATIXG TO Statute, the bishop must appoint tlic salary fixed by Curates the Act, wheii the incumbent is )ion-rcsidcnt. ^'%'fci/y The salary in this case is fixed by ss. 74, 75, f::i:"y!S. 76, n Eng. and by ss. 53, 54, 55- 5^ Ir. {post). Under the Irish statute the bishop is required to appoint to every curate [i.e. of a resident as well as of a non-resident incumbent) the salary allowed and specified by the Act. In the case of the curate of a non-resident incumbent, the salary is more within the bishop's discretion. Maximum Salary whkke Incumbent instituted before a certain date. English Statute. LXXXIV. And be it enacted, That it shall not be lawful for' the bishop to ap- point for the curate of any benefice, to which the spiritual person holding the same was instituted, licensed, or other- wise admitted before the tuieiitief/t day of July, one thousand eight hundred and thirteen, any stii)end exceed- ing seventy pounds per an- num, together with the use of the house of residence, and the gardens and stables belonging thereto, or a fur- ther sum of fifteen pounds in lieu of the use of the rectory or vicarage house, or other house of residence, in case there shall be no house, or Irish Statute. LI 1 1. And be it further enacted, That it shall be law- ful for the bishop to appoint for the curate any stipend or allowance not exceeding seventy-five pounds per an- num, and also the\ise of the house of residence, with the gardens and stables belong- ing thereto, or a further sum of fifteen pounds in lieu of the use of the rectory cr vicarage house, or othir houses of residence in case there shall be no house, or it shall not appear to the bishop convenient to allot or assign the house to the curate, in respect of any bene- fice to which the spiritual person holding the same was PROTESTANT CURATES. 97 it shall not appear to the bisho'p convenient to assign the h.ouse to the curate. instituted or appointed /^^r^ the third day of February one thousand eight hundred and twenty-four ; but it shall not be lawful for the bishop to assign any greater stipend or allowance than aforesaid, in respect of any such benefice, during the incumbency of any such spiritual person as aforesaid, unless zvith the con- sent of the spiritual person holding the benefice^ or in case of neglect to appoint or to nominate to the bishop a pro- per curate. The above sections can now be called into operation only in very few cases, as there are not many incum- bents alive who were instituted before the dates mentioned therein. Scale of Salaries of licensed Curates of non-resident Incumbents. English Statute. LXXXV. And be it en- acted, That in every case in which any spiritual person shall have been, since the twentieth day of July, one thousand eight hundred and thirteen, or shall hereafter be instituted, inducted, nomi- nated, or appointed to, or otherwise become incumbent of, any benefice, and shall not duly reside thereon^ the Irish St.itute. LIV. And be it further enacted, That in every case in which any spiritual person shall have been, after the third day of February, one thousand eight hundred and twenty-four, or shall at any time after the passing of this Act be instituted or inducted, or nominated or appointed to, or otherwise become in- cumbent or possessed of any H 98 7V/A" /,.///■ Ri: LATINO TO bishop shall appoint for the curate licensed under the pro- visions of this Act to serve such benefice such stipend as is hereinafter next men- tioned : (that is to say,) such stipend shall /'// no case be less than eighty pounds per annum, or than the annual value of the benefice, if such value shall not amount to eighty pounds ; nor less than one hundred pounds per an- tiu?n, or than the whole value, if such value shall not amount to one hundred pounds, in any parisli or place where the population shall amount to three hundred persons ; nor less than one hundred and twenty pounds per annum, or than the whole value, if such value shall not amount to one hundred and twenty pounds, in any parish or l)lace where the po])ulation shall amount to five hundred jjersons ; nor less than one hundred and thirty-five pounds per annum, or than the whole value, if such value shall not amount to one hundred and thirty-five ])ounds, in any parish or place where the l)opulation shall amount to seven hundred and fifty jjcr- sons ; nor less than one hun- dred and fifty pounds per annum, or than the whole benefice, and shall not duly reside thereon, unless such person shall do the duty of the same, having a legal exemption from residence, or a licence to reside out of the same, or to reside out of the parsonage or vicar- age or other usual house of residence belonging to the same, the bishop shall appoint for the curate licensed to ser\'e such benefice of such non- resident incumbent, or per- son as aforesaid in his ab- sence, xw^/^ salary as is herein- after next jnentiofted ; (that is to say,) such salary shall in no case be less than eighty pounds per annum, or than the annual value of the bene- fice, if the gross value there of shall not amount to eighty ])Ounch per annum ; and such salary shall not be less than one hundred per annum, or than the whole value as afore- said, if the said value shall not amount to one hundred pounds per annum, in any l)arish or place where the popidation, according to the returns then last made in pursuance of any Act or Acts of Parliament, shall amount to or exceed three hundred ])ersons ; and such salary shall not be less than one hundred and t7cXIV. And be it further enacted, That in every case where the bishop shall ap- point, for the curate licensed to serve any benefice, a salary 7iot less than the 7i. benefice ^nvQ the curatc six weeks' notice to deliver becomes o vacant. ^p ^-|^^^ hoUSC, &C. If SUcll llOticc bc UOt given within six months, the incumbent would doubt- less have to proceed as above, and give six months' notice after having obtained the bishop's consent. In Ireland, the curate is required to quit the house within three months of the institution or appointment ui tile new incumbent, upon recei\Mng from him one PROTESTANT CUR A TES. 1 1 9 month's previous notice at the least. When this month's notice is to be given the Act does not say, but it evidently must be given within two months of the institution or appointment, as otherwise it could not be complied with according to the exigency of the statute. The section of the English statute contains no express provision as to the recovery of the 111- 1 r Recovery of penalty of forty shillmgs a day from a curate j>e>iaUy/yom C •' ■' '-' . . curate. refusing to deliver up possession of the house of residence. This penalty would be recover- able in England by action of debt in the Courts of Westminster. (See ante, p. 79.) Curate must give Three Months' notice of his intention TO quit Curacy; Penalty for omitting to do so. English Statute. Irish Statute. XCVII. And be it enacted, LXVII. And be it further That no curate shall-quit any enacted, That no curate shall curacy to which he shall be li- quit any benefice to luhich he censed until after three months' shall be licensed., imtil after notice of his intention given three months' notice of his in- to the incumbent of the bene- tention to quit given to the tice and to the bishop, un- person holding such benefice less with the consent of the and to the bishop of the dio- bishop, to be signified in cese, unless with the consent writing under his hand, upon of the bishop of the diocese, pain of paying to the incum- upon pain of forfeiting to the bent a sum not exceeding the spiritual person holding the amount of his stipend for six benefice a sum not exceed- moaths, at the discretion of ing the amount of the stipend the bishop, such sum to be for six months, at the discre- specified in writing under the tion of the bishop, which sum hand of the bishop, which may in such case be retained sum may in such case be re- out of the stipend, if the THE LAW RELATIXG TO tained out of the stipend if same or any part thereof shall the same or any part thereof remain unpaid, or, if the same sliall remain unpaid, or, if cannot be retained out of the the same cannot be retained stipend, may be recovered out of the stipend, may be by the spiritual person hold- recovered by the spiritual ing the benefice, as any pen- person holding the benefice alty or forfeiture under this by action of debt. Act may be recovered. The notice must be given both to the iiicuiiibcnt and to the bishop, and must clearly be given begivcn'to to the Hcw incumbcnt on the occasion of the benefice becoming vacant by death or other- wise and being again filled up. It is impossible to suppose that in this latter case the curate could quit without notice, which he undoubtedly could if his curacy were voided by the vacancy of the benefice. The provisions of the law are general, and admit of no such exception.^ Curate's Licence may be revoked and Curate may be re- moved BY Bishop, subject to an appeal to the Arch- bishop; special Provision in English Statute for v.\cancy OF Benefice. English Statute. Irish Statute. XCVIII. And be it en- LXVIIL And be it further acted. That it shall be lawful enacted, That it shall be law- for the bishop to license any ful for the bishop of the dio- ^ In addition to what lias been said above, it may further be observed that, as the notice is to be given to both the bishop and the incumbent, it is difficult to see how the death, removal, or resignation of the latter can dispense with the notice required to be given to the former, while the statute expressly disjienses with all notice ;/ the bishop consent. If then the curate cannot quit without giving notice to a new incumbent, equality^ mutuality, is equity, and it cannot be supposed that the new incumbent can turn him off without giving him notice. The English PRO TESTANT CURA TES. 121 curate who is or shall be ac- tually employed by any 7io?i- resident incumbent of any benefice within liis diocese, although no express nomina- tion of such curate shall have been made to such bishop by the incumbent ; and that the bishop shall have power, after having given to the cu- rate sufficient opportunity of showing reason to the con- trary, to revoke, summarily, and without further process, any licence granted to any cu- rate, and to remove such curate, for any cause which shall appear to such bishop to be good and reasonable : pro- vided always, that any such curate may, within one month after service upon him of such revocation, appeal to the arch- bishop of the province, who shall confirm or annul such revocation as to him shall appear just and proper. XCV. And be it enacted, That every curate shall quit and give up the cure of any benefice which shall become z'a- cant upon having six weeks' notice from the spiritual per- statute, s. 95, expressly provides for such notice. The Irish statute has no such provision ; clearly because it was intended to leave such cases to the bishop's discretion, to be exercised under s. 68. See the arguments at pp. 35, 38. That the bishop's consent is the main ele- ment is evident from the fact, that no notice to the incumbent is neces- sary when such consent is given. cese to license any curate who is or shall be actually em- ployed by the rector, vicar, or other incumbent of any church or chapel, although no express nomination of such curate shall have been made to such bishop by the said rector, vicar, or other incumbent ; and that the bishop shall have power to revoke summarily and without process any licence graiitcd to any curate employed in his dio- cese, or sidiject to his jurisdic- tion by virtue of this Act, and to remove such curate for any cause which shall appear to such bishop to be good and reasonable, subject never- theless to an appeal to the archbishop of the province, and to be determined in a summary manner. (There is no corresponding section in the Irish statute.) 122 THE LAW RKLATIXG TO son admitted, collated, insti- tuted, or licensed to such benefice, provided such no- tice shall be given within six months from the time of such admission^ collation, institu- tion, or licence ; and that in all other cases it shall be lawful for the incumbent of any benefice, whether resi- dent or non-resident thereon, having first obtained the per- mission of the bishop of the diocese, to be signified by ivriting under his hand, to require any one or more of his cu- rates, who after the i)assing of this Act shall be licensed to any curacy, to quit and give up his curacy, upon six months' notice thereof given to the curate, who shall there- upon quit the same accord- ing to such notice : provided always, that any incumbent resident on his benefice, or not resident but desiring to reside on his benefice, may, within one month after refu- sal of such permission as aforesaid by the bishoj), ap- peal to the archbishoi) of the province, who shall either confirm such refusal or grant such permission as to him may seem just and proper. The provisions of the 98th section of the English statute are (as remarked in a note to the case oi PROTESTANT CURATES. 123 Poole V. TJie Bishop of London, in Brodrick and Free- mantle's "Judgments of the Privy Council," p. 182) not free from ambiguity. The section begins by empower- ing the bishop to license any curate actually employed by a non-resident incumbent without an express nomi- nation, and then proceeds to enact that the bishop, after giving " the curate " the opportunity of showing reason to the contrary, may revoke any licence granted to any curate. In the Irish statute, it will be observed, the bishop is empowered to license any curate, &c., clearly of a resident as well as of a non-resident in- cumbent. The object of the Legislature evidently was in both cases to obviate the practice, condemned by Stillingfleet, of employing unlicensed curates. In- cumbents might attempt to evade the law by employ- ing curates to discharge the ecclesiastical duties so as to leave no cause of complaint on this score, not, however, nominating them to the bishop for his licence. Hence the bishop is empowered to license them without such nomination. Were a curate to refuse the bishop's licence, he might be prohibited from officiating in the diocese. {Shore v. Barnes, Brod. 44.) The bishop is empowered, " after having given to the curate sufficient opportunity of showing reason to the contrary, to revoke, summarily and without further process, any licence granted to any curate, and to remove such curate, for any cause which shall appear to such bishop to be good and reasonable." The Irish statute does not require an opportunity of shozving reason to the contrary to be given to the curate before 124 THE LA ir RELA TIXG TO revocation of his licence. The language of Lord Cranworth {ante, pp. 41, 42) will be borne in mind. The Legislature has confided a discretion to the bishop, and has provided for an appeal to the archbishop, in order to prevent hardship in any case from a hasty or erroneous exercise of that discretion. The cause which shall appear to the bishop to be good and reasonable may be misconduct of the curate, cessation of such infirmity as incapacitated an incumbent from doing his own duty, return to residence of an incum- bent who had been non-resident, and generally the removal of those circumstances which rendered it proper for the bishop to exercise his discretion in compelling the employment of a licensed curate. The English statute empowers an incumbent, having Licensed fi^'^^ obtained the permission of the bishop iti "Zmn'abie "^^'it^^^S^ ^o rcmovc a curate upon giving him ^"'biliwtor ^^^ months' notice. Clearly, then, a licensed lisL/'I curate is removable only by the bishop or sa>iciw,t. ^^y[l\y t]-i(. bishop's sanction. To this general rule, however, there is one exception made by the Exception English statute, viz. when the benefice be- tZ^wafcy comes vacant ; in which case the new in- befieflcein cumbcnt may, within six months, give the England, cuj-^^^ gj^. wceks' noticc to quit the curacy. If the new incumbent do not exercise his right to give such notice within six months, he can afterwards have the curate removed only by obtaining the bishop's written sanction to give six months' notice, as provided above. If the common law were that on the vacancy of the benefice the curacy is determined, this cxcejj- PROTESTANT CURATES. 125 tional provision of the English Act would be un- necessary. The statute does not enact that on the benefice becoming vacant the curate may continue to hold his citracy for six weeks, which would be the natural language of the section, if by the common law the curate were out on the benefice becoming vacant ; but tJiat lie shall quit on six zveeks notice, which sup- poses him to be in. The Irish statute contains no section corresponding to this exception introduced into the English enactment. On the occurrence of a vacancy of the benefice in Ireland, therefore, the curate is in the same position as he would occupy in England, if there were no such exception to the general rule that the curate can be removed only by the bishop, or with the bishop's sanction. In a recent case it was held by the Vicar-general of the Bishop of Meath, that the licensed curate „ of a non-resident incumbent, who had re- '"^^/^"^{J^'" signed, " immediately on the institution of ^'''^^''"'^■ the new incumbent ceased to be curate of the parish, unless re-appointed ; and that no revocation of the licence was necessary." ^ No reasons were given in support of this opinion, and, having advertence to what has been said in the last paragraph and above (pp. 35-38), it is impossible to see how such an opinion can be supported. In a further stage of the same 1 The curate's licence in this case ran thus: "We do therefore give you our hcence, and by the tenor of these presents grant full power ... to serve the cure of souls of the parish of .... &c., and we do by these presents constitute and admit you, the said Reverend , curate assistant of the parish aforesaid during our ivill and pleasure, and not otherwise. " 126 THE LAW RELATING TO case, the Vicar-general of the Archbishop expressed liinisclfas follows : — " The rule in Ii\laiul has been to view each incumbent upon entering on his benefice, if he is willing to do his own duty, entitled to discharge the curate of his predecessor." I have been unable to find any traces of the existence of this rule. Bullingbrooke does not mention any such. Had it been in existence in his time, it is reasonable to sup- pose, as already observed, that he could not haxe been ignorant of it, and would not have omitted to mention it. On the contrary, he speaks of the Ordinary alone being judge of the rcasotiablc cause for which a curate may be removed. (See ajitc, pp. 29, ^^d).) A custom or usage which was not in existence less tlian a centui'}- ago cannot now have the force of law. Again, the statute 5 Geo. IV. cap. 91, is, as the preamble shows, both remedial and declaratory of the law as it stood before this statute was passed ; and it is difficult to suppose that, had there been any such rule then in existence, it would not have been in- corporated in the provisions of this enactment. It may also reasonably be contended that tlic yivm- ciple, " Expressio unius exclusio est alterius," applies. The Legislature has however put the matter beyond all doubt b)' the provisions of the 73d section, ^\■hich are as follow: — "And be it further enacted, That in every case in which jurisdiction is gi\-en to the bishop of the diocese, or to any archbishop, under the pro- visions of this Act, and for the purposes thereof, and the enforcing the due execution of the provisions thereof, all otJicr and concurrent jurisdiction in respect PROTESTANT CURATES. 127 thereof shall wholly cease, and no otJier jurisdictioji in relation to the provisions of this Act shall be iiscd, exercised, or enforced, save and except such juris- diction of the bishops and archbishops under this Act; anything in any Act or Acts of Parliament, or lazv or lazvs, or usage or custom, to the contrary notivithstanding. ' ' If there ever were such a rule as that mentioned by the learned Vicar-general ; if a new incumbent ever had jurisdiction to remove his predecessor's hcensed curate without the bishop's sanction or revo- • cation of the licence — it is clear, regard being had to the above express excluding provisions of the statute, that no such rule can any longer have operation, and that no such jurisdiction any longer exists.^ It will be well to notice here the provisions of the 1st and 2d Vict. cap. io7, sec. 1 3, which enacts , . , ^ ' ' ^' Avoidance that, in all district churches and district "-f ^^?''Ji\ ' or district chapelries, the licence of the stipendiary ''"^^f^dofs r ' I J not avoid curate appointed to serve the chapel of such ^'Z"atf chapclry shall not be rendered void by the ^""A\'^"^^' avoidance of the church of the parish or dis- •"• '3. ^<:- trict parish in which such chapel is situate, ujiless the same shall be revoked by the bishop of the diocese, under his hand and seal ; but such licence shall continue in force unless otherwise directed by the bishop, any 1 Speaking of the corresponding section (109) of the EngUsh statute, the Lords of the Privy Council said in Poole's case : " This section appears to us decisive on the subject; it excludes all proceedings not ex- pressly authorized by the Act, and thus relieves us from all obligation of considering: 'Ve numerous ancient authorities and principles to which we were referred." 128 THE LAW KELATLXG TO statute, law, canon, or usage to the contrary notwith- standing. Some doubts having arisen as to the appU- cation of these provisions, they were subsequently explained by the 2d and 3d Vict., cap. 49, s. Ii, which enacts that they shall api)ly to the licence of a .sti- pendiary curate of a district chapelry, and to the licence of a stipendiary curate of a district parish church. The 8th and 9th Vict., cap. 70, s. 18, contains similar provisions as to the licence of a minister appointed to serve a new church, without a district, erected by the Church Building Commissioners. The 1st and 2d Vict., cap. 107, and 2d and 3d Vict., cap. 49, extend only to England, Wales, and the Isle of Man. It may be contended that the provisions of these statutes, which have just been mentioned, arc reme- dial, not declaratory, of the common law. If this be conceded for argument's sake, it will not affect the construction of the 73d section of the 5th Geo. IV., cap. 91, which, whether it be remedial or declaratory of the common law previously existing, is sufficiently clear as to the statute law now in force. As connected with the subject of the bishop's power to revoke a curate's licence, it must not be forgotten that the 36th Geo. III. cap. 83, s. 6, for England, and the 40th Geo. III. cap. 27, s. 4, for Ireland, are still in force.^ (See atiU\ pp. 40 — 44.) ' Avoidance by the resignation of the incumbent has not been sepa- rately considered, as it is governed by tlie same rules as avoidance arising from any other cause. It may, liowervcr, be remarked that tliough a parson mav resign, lie cannot do so on coiti/Uioiis, for it is a judicial act to which a condition cannot be annexed. (See Grant on Corpuraiiuns, p. 64.) PRO TESTA XT CURA TES. 1 29 In the case^ oi Poole v. The Bishop of London, Dr. Lushington, as assessor to the Archbishop of shhop/w^u Canterbury, was of opinion that the bishop ^"/'Xs'^i^-" might choose his own mode of proceeding, provided it were consistent with substantial justice. The very learned assessor further considered it to be essential to justice that the accused person should know when an accusation is brought against him ; and (where the proceedings are of the nature of an inquiry) what is alleged against him ; and that the matter alleged be stated with sufficient precision. The discretion of the bishop in revoking a curate's licence and dismissing the curate is subject 1 1 r 1 1 Appeal to the supervision and control of the arch- to ,/u- archbishop. bishop, to whom the curate may appeal. Under the Irish statute such appeal is to be deter- mined in a summary manner. In England the appeal is governed by the provisions of the iiith section {post), which are generally applicable to all appeals under the Act. The archbishop's decision is final, and no further appeal^ lies to the Judicial Committee of the Privy Council under the statutes 25 Hen. VIII. c. 19, 2 & 3 Will. IV. c. 92, and 3 & 4 Will. IV. c. 41, the Lords of the Judicial Committee holding (Poole's ^ In this case the cause of revocation of the licence was a certain charge of asking in confession questions calculated to bring scandal on the Church. " The 2 and 3 Will. IV. c. 92, and 3 and 4 Will. IV. c. 41, do not extend to Ireland, from whence appeals under the 25 Hen. VIII. c. 19 still lie to the sovereign in Chancery, not to the Judicial Committee of the Privy Council constituted l)y the two former statutes. {Brod. Intro- duction.) K 1 30 THE LA IV RE LA TLXG TO case) that the provisions of the statutes of Henry VIII. cannot be engrafted on those of the modern statute, the ist and 2d Vict., cap. 106. The archbishop is bound to make a proper inquiry into the appeal. When he merely wrote a letter to the curate con- firming the bishop's decision, a Diaiidamus issued from the Court of Queen's Bench compelling him to pro- ceed in order. Upon this he sat /// camera, and decided with the aid of an assessor.'^ (Poole's case, Brad. 190.) If Incumbent do not perform the duties of Benefice under Sequestration, Bishop m.\y appoint a Curate; Seques- trator to pay Curate, etc. English Statute. XCIX. And be it enacted, (There are no correspond- That /// every case in which a ing sections in the Irish benefice shall be under scijucs- statute.) tration, except for the pur- pose of providing a house of residence as aforesaid, it shall be lawful to the bishop, and he is hereby required, if the incumbent shall not perform the duties of the said bene- fice, to appoint and license a airate or curates thereto, and to assign to him or them a stipend or stipends not e.\- ' It ni.-iy be observed that though Poole's case decides that there is no furtlier apjieal from the decision of the archbishop confirming the Imhofs rtfocation of a Hcence and removal of a curate under the power conferred by the statute, tliis is no precedent for a case in which an incumbent, acting without jurisdiction, removes a licensed curate, and the bishop and archbi.shop decline to interfere. PROTESTANT CURATES. 131 ceeding, in the case of any one such curate, the highest rate of stipend allowed by this Act, nor, where more than one curate is appointed, a stipend exceeding one hun- dred pounds to more than one such curate, such stipend or stipends to be paid by the sequestrator of such benefice out of the profits thereof: provided always, that not more than one curate shall be appointed to any such benefice in any case in which there is not more than one church, or the population does not exceed two thou- sand persons. C. And be it enacted, That upon the avoidance of any benefice, by death, resignation, or otherwise, the sequestj'ator appointed by the bishop shall, out of the profits thereof which shall come to his hands, pay to the curate or curates appointed by such bishop to perform the eccle- siastical duties of such be- nefice during the vacancy thereof such stipend or sti- pends as shall be ordered to be paid to him or them by such bishop, not exceeding the respective stipends al- lowed by this Act, and in proportion only to the time of such vacancy. CI. Provided always, and K 2 132 THE LAW RELATING TO be it enacted, that if the pro- fits of such benefice which shall have come to the hands of such sequestrator during the vacancy tliereof shall not be suffiiioitto pay such stipend, the same, or so much thereof as shall remain unpaid, shall be paid to such curate by the succeeding iiicumbent of such benefice out of the profits thereof; and such bishop is hereby empowered and re- quired, if necessary, to en- force payment of the same by monition, and by seques- tration of the profits of sucli benefice. Alphabetical List of Lick.ncks and Revocations to be kept IN Registry of Diocese, open to inspection on payment of'a fee of three shielings; Copy of Licence and Revo- cation TO BE SENT TO THE CHURCHWARDENS. English Statute. Irish Statute. CII. And be it enacted, LXIX. And be it further That every bishop who shall enacted. That every bishop grant or revoke any licence who shall grant or revoke any to any curate under this Act licence to any curate under 'a\\z\\ cause a copy of such licence this Act, shall, and he is or rerocation to he entered in \\trebyre(\\.\\rQd\.o cause a copy the registry of the diocese ; and of such licence or rerocation to an alphabetical list of such be cntired in the registry of licences and revocations shall the diocese within which the be made out by the registrar benefice in respect whereof of each diocese, and entered any such licence shall be /;/ a book, and kept for the in- granted or revocation made spection of all persons, upon shall be locally situate ; and payment oi three shillings, z.w(S. an alphabetical list oi snch li- PROTESTANT CURATES. 133 no more; and a copy of every such licence and revocation shall be transmitted by the said registrar to the chiirch- zvardcus and chapehvardeiis of the parish, township, or place to which the same relates, within one month after the grant of such licence or revo- cation thereof, to be by them deposited in the parish chest : provided always, that every such registrar shall, for every such copy transmitted to such churchwardens or chapel- wardens as aforesaid, be en- titled to demand and receive from the incumbent of such benefice a fee of three shil- lings and no more : provided also, that in case the arch- bishop shall on appeal to him annul the revocation of any such licence, the bishop by whom such revocation shall have been made shall imme- diately, on receiving notice from the archbishop that he had annulled the same, make such or the like order as is hereinbefore directed to be made on the revocation of a licence for non-residence being annulled, which order shall be binding on the re- gistrar and churchwardens re- spectively to whom the same shall be addressed. cences and revocations shall be made out by the registrar of each diocese, and entered in a book, and kept for the inspection of all persons upon payment of the sum of three shillings, and no more ; and a copy of every such licence and revocation with respect to any benefice, shall be trans- mitted by the said registrar to the churchwardens or chapel- 7uardens of the parish, town- ship, or place to which the same relates, within one month after the grant of such licence or revocation thereof, to be by them deposited in the parish chest ; and every registrar who shall refuse or neglect or omit to make any such entry, or to transmit any such copy, shall forfeit for every such offence or neglect the sum of five pounds, to be recovered as any penalty or forfeiture may be reco- vered under this Act: pro- vided always, that every such registrar shall, for every such copy transmitted to such churchwardens or chapel- wardens as aforesaid, be en- titled to demand and have from such churchwardens or chapelwardens a fee of ten shillings, and no more, and such fee shall be allowed in the accounts of such church- wardens or chapelwardens. 134 THE LAW REI.ATIXG TO The second proviso contained in the English sec- tion is not found in the Irish section. The order which the bishop is required to make will appear from the following proviso of the 50th section : — " Provided '• always, that in case the archbishop of the province " shall on appeal to him annul the revocation of any " such licence, the bishop by whom such revocation " shall have been made shall, immediately on receiving " notice from the archbishop that ho has annulled the " same, order, by writing under his hand, that the " copies of such revocation shall be forthwith with- " drawn from the said registry and parish chest, and " that the same shall not be produced and read at " the visitation, and that such revocation shall be '• erased from the list of revocations in the said " registry ; which order shall be binding on the regis- " trar and churchwardens respectively to whom the " same shall be addressed." Certain Provisions spfxiali.y applicable to Welsh Dioceses. The 104th section of the English statute empowers the bishops of St. Asaph, Bangor, Llandaff, and St. David's to refuse institution or licence to any spiritual person who, after due examination and in- quiry, shall be found unable to preach, administer the Sacraments, perform other pastoral duties, and converse in the Welsh language. The 105th section extends all the provisions and powers of the Act relating to the appointment of curates where the ecclesiastical duties are inadequately performed, to PROTESTANT CURATES. 135 cases wherein such inadequate performance arises in the opinion of the bishop from insufficient acquaint- ance with the Welsh lanc[;uao;e. No SPIRITUAL Person, as a general rule, to serve more than TWO Benefices in the same day. English Statute. CVI. And be it enacted, That no spiritual person shall serve more than two bene- fices in one day unless m case of unforeseen and pressing emergency, in which case the spiritual person who shall so have served more than two benefices shall forthwith re- port the circumstance to the bishop of the diocese. Irish Statute, LVIII. And be it further enacted, That from and after the passing of this Act, no spiritual person shall serve more than two churches in one day, or two chapels, or one church and one chapel in one day, unless from the local situation of the churches or chapels, or from the value of the benefices to which they belong, or other special cause, it may in the judgment of the bishop be expedient or necessary, for the perform- ance of ecclesiastical duties in such places, to grant li- cence to any spiritual person, to serve three churches or chapels, then and in such case it shall be lawful for the bishop to grant such licence to any spiritual person to serve three churches or cha- pels, not being distant from each other more than four measured miles : provided always, that in every such case the reasons for granting such licence shall be stated ,36 THE LAW RELAriXG TO by the bishop in the licence granted for serving the third of such churches or chapels held by such spiritual per- sons, and such licence shall not be valid or effectual un- less the reasons for granting the same are inserted therein as aforesaid : proi'idcd d\\\\xy~>, that the residence of such curate or si)iritual person shall be so placed as that it shall not be necessary for him to travel more than six- teen measured miles in one day for the performance of the duties of such churches or chapels. The English statute contains no provision for a licence to act contrary to the general rule ; and the Irish statute contains no provision for disregarding the rule in an unforeseen and pressing cniergenc)'. The bishop may enforce the i)crformancc of two Bishop vuiy full scrviccs, cacli including a sermon, on enforce two , . , ^ , , . . i • t K seniicesoH cvcr}' Sunday tiiroughout tiie }-ear, in the louays. p^j-j^j^ church. (Scc. 80, Kng. ; sec. 50, Ir.) ARCHBISHOI'S TO HAVE IN IIIKIR KK.SI'KCTIXI. DiOCESES THE SAME I'OWERS AS BiSHOl'S I.\ THEIR DiOCESES. Ew^lish Statute. Irish Statute. CVIT. And be it enacted, LXX. And be it further That all the powers, authori- enacted. That all the powers, ties, ])rovisions, regulations, authorities, provisions, regu- matters, and things in this lations, penalties, forfeitures, .Act contained, in relation to clauses, matters, and things PROTESTANT CURATES. ^37 bishops in their dioceses, shall extend and be construed to extend to the archbishops in the respective dioceses of which they are bishops, and also in their own peculiar jurisdictions, as fully and effectually as if the arch- bishops were named with the bishops in every such case. in this Act contained, in rela- tion to bishops in their dio- ceses, shall extend and be construed to extend to the archbishops in the respective dioceses of which they are bishops, and also in their own peculiar jurisdictions, as fully and effectually as if the archbishops were named with the bishops in every such case. To whom will the appeal lie in these cases ? or is there any appeal ? In Poole's case, the Lords of the Judicial Committee of the Privy Council remarked that the circumstance of an appeal being expressly given by the 6th section to the Queen in council, is strong to show that where no such appeal was ex- pressly given, it cannot be implied. All Jurisdiction concurrent with that of the Bishop or Archbishop taken away. English Statute. CIX. And be it enacted, That in every case in which jurisdiction is given to the bishop of the diocese or to any archbishop under the provisions of this Act, and for the purposes thereof, and the enforcing the due execu- tion of the provisions thereof, all other and concurrent jurisdiction in respect thereof shall, except as herein other- wise provided, wholly cease, Irish Statute. LXXIII. And be it further enacted. That in every case in which jurisdiction is given to the bishop of the diocese, or to any archbishop, under the provisions of this Act, and for the purposes thereof, and the enforcing the due execution of the provisions thereof, all other and con- current jurisdiction in respect thereof shall wholly cease, and no other jurisdiction in 138 THE LAW RELATIXG TO and no other jurisdiction in relation to the provisions of this Act shall be used, exer- cised, or enforced, save and except suchjurisdictionof the bishop and archbishop under this Act; anything in any Act or Acts of Parliament, or law or laws, or usage or custom, to the contrary notwithstanding. relation to the provisions of this Act shall be used, exer- cised, or enforced, save and except such jurisdiction of the bishop and archbishop under this Act ; anything in any Act or Acts of Parlia- ment, or law or laws, or usage or custom, to the con- trary notwithstanding. The above sections are most important, and form a supplement to every section of the Act in which a bishop or archbishop is invested with any jurisdiction, original or appellate. Their bearing on the sections empowering bishops to remove curates has already been pointed out {ante, pp. 126, 127). With respect to Ireland, however, it must be borne in mind that the Act which disestablishes irela^idby tlic Irisli Churcli abolishes all the Irish Ushi?ig ecclesiastical courts and all ecclesiastical Act jurisdiction from the 1st of January, 1871. (3: and 33 Vict. cap. 42, sec. 21.) General Rules ArrLic.vHLE to Aiteals in England. Eugl'tsh Statute. CXI. And be it enacted. That all appeals under the provisions of this Act to any archbishop shall be in 7vritiiig signed by the party appeal- ing ; and that in order to dis- courage frivolous appeals, no proceeding shall be had in any such appeal ufifil the (Such provisions as are applicable to the ])rocedure in Ireland, are contained in each section of the statute which gives the power of appeal.) PROTESTANT CURATES. 139 appellant shall, if required, have given security, in such form and to such amount as the archbishop shall direct, of payment to the bishop of such costs as shall be awarded by the archbishop if he shall decide against the appellant ; and that after such security, if required, shall have been given, the said archbishop shall forthwith, either by him- self or by some coiiunissioiicr or commissioners appointed under his hand from among the other bishops of his pro- vince, make or cause to be nuide inquiry into the matter com- plained of, and shall after such inquiry, and in the latter case after a report in luriting from his said commissioner or commissioners, give his decision in such appeal in writing under his hand ; and when he shall decide the merits of the appeal against the appellant, he shall also award and direct whether any and what amount oi costs shall be paid by the appellant to the bishop respondent ; and in like manner when he shall decide in favour of the appellant, he shall also award and direct whether any and what amount of costs shall be paid by the bishop respondent to the appel- lant. I40 THE LA IV RE LA TING TO In Poole's case the Lords' Committee of the Privy Council remarked that the appeal from the bishop to the archbishop is not an appeal as between litigant parties. The appellant and the bishop would seem, however, to be regarded as litigant parties quoad the award of costs. Certified Copy of Licence admissible as evidenxe. of i'opui-.'vtio.n how ascertai.nable. Number English Statute. CXXII. And be it enacted, That in every case where by the provisions of this Act the coi)y of any licence is re- quired to be filed or entered in the registry of the diocese, a copy thereof, certified by the registrar, shall be ad- missible as evidence in all courts and places whatever. CXXX. And be it enacted, That whenever the popula- tion of any place shall be required by this Act to be ascertained, the same shall be taken from the latest returns of population made under any Act of Parliament for that purpose at the time when the question shall arise, if such returns shall apply to the place respecting which the question shall be ; but if such place shall only form part of a parish or district nair.ed in such returns, then (No sections exactly corre- sponding are found in the Irish statute.) PROTESTANT CURATES. 141 such returns shall be taken to represent truly the popula- tion of the parish or district named therein, and from them the population of the place required shall be com- puted, according to the best evidence of which the sub- ject shall be capable. It is necessary to take into consideration the number of the population of the parish in deciding as to the necessity of employing a curate in certain cases, in appointing the amount of the curate's salary, &c. (See ante, pp. 89, 100.) CHAPTER VIII. LAW HOW AFFECTED IN IRELAND FA' THE PROVISIONS OF THE IRISH CHURCH ACT, 1869— 32D AND 33D VICT. CAP. 42. Up to the 1st of January, 1871, the existing eccle- siastical law of Ireland will remain in force, remains unlcss (wliicli is Hot probablc) the Imperial u/>to-ist Legislature should see fit to alter it in the 187'- ' meanwhile. After the first day of January, 1871, "the present ecclesiastical law of Ireland, and the present articles, doctrines, rites, rules. After ist ^ r 1 T • t- January, discipHnc, and ordmanccs of the Irish 1871, ^ e.xistinir law Chuixli," sliall bc decmcd to be binding on to subsist ... hy contract, \\^q mcmbcrs thereof for the time being, m the same manner as if the said members had Diittiially contracted and agreed to abide by and observe the , , same, and shall bc capable of being enforced ana to be *■ _ . fu/orccnbie j^ tlic tcviporal conrts in relation to any in temporal ■' courts, property, \\hich by virtue of the Act is reserved, or given to, or taken and enjoyed by the Church or any of its members, in the same manner, and to the same extent, as if such property had been expressly given, granted, or conveyed upon trust, to be held, occupied, and enjoyed by persons who should LAW RELATING TO PROTESTANT CURATES. 143 observe and keep and be in all respects bound by the said ecclesiastical law, and by the said articles, doc- trines, rites, &c. Any alteration or modification may, however, be made therein by the Church itself, which is placed in a position for in- Jtcred, ternal legislation by the repeal of the laws prohibiting the holding of synods. But no alterations in the articles, doctrines, rites, or (save in so far as it may be rendered necessary by the passing of the Act) in the formularies of the Church, is to be binding on any ecclesiastical person now licensed as a curate, or holding any archbishopric, bishopric, benefice, &c., being an annuitant or person entitled to compensation under the Act, so as to deprive him of his annuity or compensation, if he within one month signify his dissent therefrom. From the same date, archbishops, bishops, and other ecclesiastical persons will , .... Ecclesiasti- cease to have any coercive jurisdiction, the cai courts ecclesiastical courts will be abolished, and jurisdictwn the whole of the ecclesiastical law, except in so far as relates to matrimonial causes and matters, will cease to exist as law. (32 and '}^'i^ Vict. cap. 42, ss. 19, 20, 21.) It is not within the province of this work to anticipate the difficult and important ques- tions which will arise when the above provisions are called into operation. The loth section enacts that, save as hereinafter mentioned {i.e. in the 66th section^), no person shall, after the passing of this Act, be appointed to any arch- ^ Which provides for the filling up of vacancies between the passing of the Act and the 1st of January, 1871. 144 THE LAW RELATIXG TO bishopric, bishopric, benefice, or cathedral preferment in or connected with the Church. Having fiTkd'up regard to the interpretation of terms in before -yst ^j^^ ^^d scction, Dcrpetual curacies fall within '^7'- the prohibition, subject to the rules con- tained in the 66th scction. Stipendiary or assistant curacies are not, however, included, and there is nothing to prevent such curacies from being filled up as before during the year 1870. The provisions of s. 15, as to compensation, apply to a curate appointed and serving rt/ rt-;/;/ //;w between ist January, 1869, and ist January, 1 87 1, and therefore contemplate the appoint hmuaffected mcut of curatcs during the present year twn 'before ( 1 870). If a curatc be promoted to a vicarage i/tai date. or rectory before the 1st January, 1 871, he will receive from the Commissioners the full net value of the benefice for the time he may hold office, i.e. from the date of assuming such office up to the 1st January, 1871. (CI. 5, s. 66.) He will, however, receive no further advantage beyond this temporary benefit, but at the same time he will not forfeit in any respect the right to compensation which he would have had, if he had not accepted such appointment.' (Proviso to cl. 4, s. 66.) 1 This proviso, as to the interpretation of which some doubts may be entertained, is as follows :— " Provided always, that if the owner of any archbishopric, bishopric, benefice, or cathedral prefer- ments, or any curate, be appointed to fill a vacancy in any other archbishopric, bishopric, benefice, or other cathedral preferments, such person, notwithstanding .such appointment, shall still have and retain all such life estate or interest, and all the ri^dits and privileges to vhich he would have been entitled if he had not accepted such PROTESTANT CURATES. 145 The 14th section provides for compensation to ecclesiastical persons other than curates, and is as follows : — Compensation to Persons deprived of Income. " The Commissioners shall, as soon as may be after " the passing of this Act, ascertain and declare by " order the amount of yearly income of which the appointment ; and in the meantime he shall pay over the net income of the archbishopric, bishopric, benefice, or cathedral preferment \but no mention made of "curacy"] held by him at the time of such appointment, to the representative body of the said Church, who shall thereout make such provision for the discharge of the spiritual duties in the said last-mentioned archbibhopric, bishopric, benefice, or cathedral preferment, or curacy, as in the case of an archbishopric or bishopric shall be directed in writing by the person or persons autho- rized thereto by the representative body of the said Church, or, in the case of a benefice or cathedral preferment, by the bishop of the diocese for the time being ; or, in case of a curate whose salaiy is deducted under this Act, by the incumbent from whose income such salary has been deducted." To what the word thereout refers in the case of a curate is not very obvious, inasmuch as there is no direction for paying over the curate's salary to the representative body. In the case of promotions occurring after the 1st January, 1 87 1, the Commissioners will have this salary in their own hands, and it will not be payable to the curate promoted; for by s. 15 he is entitled to receive it only so long as he continues "to discharge the duties of the said curacy." The repre- sentative body will have therefore a fund to provide for the discharge of the spiritual duties after the 1st January, 1871, in the case of a curate whose salary is deducted. But in such a case they will have no fund before that date, for they are not authorized to deduct the curate's salary before ; and the above proviso does not direct it to be paid over. The incumbent will have the curate's salary in his own hands, and, as the existing law remains unchanged to January ist, 1871, it will rest with the Bishop, under the general provisions of that law, to compel the em- ployment of a curate or not, as he may think fit. Section 66, it will be observed, relates only to what is to be done before the ist Jan., 1871. [In L 146 THE LAW RELATIXG TO " holder of any archbishopric, bishopric, benefice, or " cathedral preferment in or connected with the said " Church will be deprived by virtue of this Act, after In the case of a curale, whose salary is not deducted from the yearly income of the benefice in calculating the incumbent's annuity, it will clearly not be required to make any provision for the discharge of the duties of the curate promoted. A curate who will receive, not an annuity, but a lump sum as compensation, may perhaps keep this in addition to the benefits of promotion, though the words gratuity for the loss of his curacy, in s. 15, may give rise to some doubt. Again, with reference to these words, it may be observed that the above-quoted proviso of s. 66 does not contemplate the case of a curate being ap])ointed to another cttracy during the year 1870. A non-permanent curate so appointed, and continuing to hold this other curacy on the 1st of January, 1871, could scarcely be said to have suffered the loss of his curacy. Such a change would, however, scarcely affect the position of a permanent curate, though it may raise a nice question as to which of the two benefices his annuity is to be charged upon. Suppose that the circumstances were such that, had the permanent curate remained in the former curacy, his salary would have been deducted from the yearly income of the incumbent ; if a curate be appointed to succeed him, his annuity can scarcely be charged upon the value of the former benefice, as the salary of the curate-successor has to be provided for therefrom. If, however, no curate be appointed to succeed him (and up to ist January, 1871, this is a matter for the discretion of the bishop), it is clear that the incumbent could appropriate the amount of the curate's salary up to January ist, 1871. After that date, the curate's annuity might be deducted by the Commissioners, if the change in the curate's duties had been made with the former incumbent's consent. (See the first proviso to s. 15.) If he had withheld his consent, and required the services of a curate, or this particular curate, and such services were not rendered, he could scarcely be rendered liable to the deduction of the annuity. Suppose, however, he had turned off the curate, having no power to do so, and that the curate had accepted the other curacy, being unable to remain out of cmj^loyment, could the incumlient be permitted to benefit by his own wrong? Again, if tlie curate-successor were a non- permanent curate, while the curate himself were found to be ^.permanent curate (still supposing that, had the latter remained, his salary or annuity would have been deducted from the incumbent's income), will the PROTESTANT CURATES. 147 " deducting all rates and taxes, salaries of curates found " by the Commissioners on inquiry as authorised by the "fifteenth section of this Act to be permanent curates, "payments to diocesan schoolmasters, and other outgoings " to which such holder is Hable by law, but not deduet- " ing income or property tax, and the Commissioners " shall have regard to the prospective increase (if any) " of such income by the falling in or cessation of charges " thereon ; and the Commissioners shall, as from the " first day of January, one thousand eight hundred " and seventy-one, pay each year to every such " holder so long as he lives and continues to dis- " charge such duties in respect of his said arch- " bishopric, bishopric, benefice, or preferment as he " was accustomed to discharge, or would, if this Act " had not passed, have been liable to discharge, or " any other spiritual duties in Ireland zvliieJi may he " sidistituted for them, with his oivn consent, and ivitJi " the consent of the representative body of the said " Church hereinafter mentioned, or, if not discharg- " ing such duties, shall be disabled froj7i so doing by " age, sickness, or permanent infirmity, or by any cause change have the effect of shifting this charge from the incumbent's income to the funds in the hands of the Commissioners? If so, a clear way is opened to incumbents to free themselves from the burden : if not, how long is the curate's annuity to remain a charge on the incumbent — during the life of the non-permanent curate-successor who is performing the duties of the curacy, or during the life of the per- manent curate who is performing the duties of another curacy ? It will be remembered that the funds of both benefices will be in the hands of the Commissioners, and the question is really whether the curate's annuity is to diminish /w tanto the annuity of some particular incum- bent, or is to fall upon the Commissioners' Fund, L 2 148 THE LA IV RELA TING TO " other than his ozvn wilful default, an annuity equal " to the amount of yearly income so ascertained as " aforesaid : Provided that no deduction shall, in "the case of any incumbency, be made in respect of a " curate's salary under this section, unless a deduction " for curate's salary has been made in the case of the " same incumbency by the Ecclesiastical Commis- " sioners for Ireland during five years next preceding " the first day of January, one thousand eight hundred " and sixty-nine ; and provided always, that where " deduction has been made under this section in " respect of the salary of a curate, and the salary " of such curate ceases otherwise than by commuta- " tion under this Act in the lifetime of the person in " ascertaining whose yearly income such salary has " been deducted as aforesaid, the Commissioners shall " thenceforth pay to such person, so long as he lives " and continues to discharge the duties of his office, " a further annuity equal to the amount of such " curate's salary, subject to the provisions for com- " mutation hereinafter contained." The provisions of this section may be reduced to the following propositions : — I. Ecclesiastical persons other than curates, i.e. archbishops, bishops, incumbents, and holders of cathedral preferments, will receive as compensation an annuity to be fixed by the Commissioners, and payable half-yearly (or otherwise, as the Commis- sioners may appoint, s. 51), as from the 1st January, 1871. PR O TES TANT C URA TES. 1 49 II. This annuity will be equal to the net yearly value of the benefice, after making certain deductions and calculations. III. In calculating this annuity, account is to be taken of prospective increase or decrease of income. IV. Income or property tax is not to be allowed for. V. All rates, taxes, salaries of curates declared to be permanent curates and in respect of whose salaries a deduction has been made by the Ecclesiastical Com- missioners for five years before the 1st January, 1869, payments to diocesan schoolmasters, and other out- goings to which the holder is liable by law, are to be deducted. VI. The annuity is payable so long as the annuitant lives and continues to discharge his usual duties, or such other duties as may be substituted therefor by his own consent, and that of the representative body of the Church. VII. It will, however, continue to be payable if he be disabled from performing such duties by age, sick- ness, permanent infirmity,^ or by any other cause than his own wilful default, VIII. Where a curate's salary has been deducted from the annuity, and subsequently ceases otherwise than by commutation, it will go to increase the annuity The language of the first proviso is slightly am- biguous, and may occasion some perplexity until the ^ In these cases an incumbent annuitant may possibly have to make provision for the discharge of the duties, under the 5 Geo. IV. c. 91 (see ante, p. 87), which W\\\ be binding on him as by contract. I so THE LA IV RE LA TING TO meaning be authoritatively settled by judicial con- struction. No deduction is to be made " in the case of any incumbency," " unless a deduction for curate's salary has been made in the case of the same incum- bency" for five years before the ist January, 1869. ''Any incumbency" must include an incumbency commencing after ist January, 1869, and before the passing of the Act ; and ''same incumbency" cannot be equivalent to " said incumbency," but must mean ojie cojitin?ious incnmbeney, i. e. for five years before the 1st January, 1869, as otherwise an incumbent who obtained his benefice in May 1869, would be in a better position than an incumbent of thirty years' standing ; and all incumbents could have escaped deduction for curate's salary by exchanging benefices after the Act was promoted, and before it was passed. The 15th section contains provisions for compensa- tion to curates, and is as follows : — Compensation to Citrates. " The Commissioners shall inquire whether any " curate serving as such at an)- time between the first " day of January, one thousand eight hundred and " sixty-nine, and first day of January, one thousand " eight hundred and seventy-one, is to be deemed " a permanent enrate, and shall determi)ie the same, " having;' regard to the length or term of his serviee, the " duties to be discharged in the benefice, the non-residence, " infi,rmity, or other incapacity of the incumbent, or his " habit of employing a enrate. The Commissioners PROTESTANT CURATES. 151 " shall ascertain and declare by order the amount of " yearly income received by any such permanent " curate, and shall pay to every such curate so long " as he lives, and contimies to discharge the duties of his " said curacy, or any other spiritual duties in Ireland, " wJiicJi ivith his oxvii consent and with the consent of " the Churcli body Jcereinafter mentioned may be sub- " stituted for them, or if not discharging such djities " shall be disabled from so doing by age, sickness, or "permanent infirmity, or any cause other than his otvu " wilful default, an annuity commencing on the first " day of January, one thousand eight hundred and " seventy-one, equal to the amount of such yearly " income, or shall on the application of such curate, " made at any time between the first day of January, " one thousand eight hundred and seventy-one, and " the first day of January, one thousand eight hundred " and seventy-two, and with the consent of the Church " body hereinafter mentioned, cause the present value " of such life annuity to be estimated, and pay the same " to such curate or to such curate and Churcli body in " such proportions as they shall agree : PROVIDED that "where the salary of a curate has been deducted " under section fourteen from the income of any " incumbent, such curate shall be deemed to be a " permanent curate within the meaning of this sec- " tion ; and no commutation of his salary, and no " change in his duties for the purposes of this Act, " shall be made without the consent of the incumbent " from whose income the salary of such curate has " been deducted. 152 THE LAW RELATIXG TO " The Commissioners may make to any curate who " is not entitled to compensation as a permanent " curate, and who is serving as a curate on any day " between the said first day of January, one thousand " eight hundred and sixty-nine, and the said first day " of January, one thousand eight hundred and sevent>-- " one, both inclusive, suc/i gratuity for the loss of his " curacy as they may think just, so that the amount " thereof do not exceed twenty-five pounds for every year " during which he shall have served as a curate : Pro- " VIDED always, that in any case in which the period " of service of any curate shall not amount to eight " years, the Commissioners may make up such gra- " tuity to the sum of two hundred pounds: PROVIDED " also, that such gratuity shall in no case exceed the " sum of six hundred pounds. " When any annual sum granted by Parliament to " the holder of any benefice in or connected with the " said Church is discontinued, the Commissioners " shall ascertain and declare by order the amount of " yearly income of which such holder is thereby de- " prived, after making such deductions as aforesaid, " and the Commissioners shall, as from the day of " the discontinuance thereof, pay each year to every " such holder so long as he lives and continues to dis- " charge such duties as aforesaid an annuity equal " to the amount of yearly income so ascertained as " aforesaid." From this section the following proi)ositions are evident : — PRO TESTA NT CURA TES. \ 53 I. For purposes of compensation curates are to be divided into two classes — [a] Permanent curates, and {b) Non-permanent curates. Permanent curates will become annuitants, and non-permanent curates will receive a lump sum as compensation. Annuitant permanent curates may be subdivided into those whose annuity is deducted from the annual value of the benefice in calculating the incumbent's annuity ; and those whose salary is not so deducted, but paid out of the general fund in the hands of the Com- missioners. II. The Commissioners will decide in each par- ticular case whether the curate is a permanent curate, "having regard to (i) the length or term of his service, {2) the duties to be discharged in the benefice, (3) the non-residence, infirmity, or other incapacity, of the incumbent, or (4) his habit of employing a curate." ^ III. Any curate, however, whose salary has been deducted under section 14 from the income of any incumbent, is to be deemed a permanent curate.^ ^ The sentence being disjunctive, all or any one of these four points may evidently be made sufficient ground of decision. * This is the first proviso of s. 15, and the language is by no means clear : "has been deducted" — by the Ecclesiastical Commissioners before the 1st January, 1869, or by the Commissioners appointed under the Act in settling the incumbent's annuity? The latter, I presume. When, with advertence to the proviso in s. 14, the Commissioners have resolved to deduct any curate's salary from the incumbent's annuity, such curate becomes ipso facto a permanent curate, without the necessity of con- sidering any of the four points in Proposition II. Such appears to be the meaning. 154 THE LAW RELATING TO IV. A permanent curate is to receive an annuity payable half-yearly (or otherwise as the Commissioners may appoint, s. 51), as from the 1st January. 1871, and equal to the amount of yearly income received by such permanent curate.^ V. Such annuity is payable so long as the curate lives and continues to discharge the duties of his said curacy, or other spiritual duties in Ireland substituted therefor with his own consent and that of the repre- sentative body of the Church, and (where his salary is deducted from the incumbent's annuity) with the consent of such incumbent. VI. It is still pa}-ablc, however, if he be disabled from discharging such duties by age, sickness, per- manent infirmity, or any cause other than his own wilful default. VII. On application made by the curate between the 1st January, 1871, and the ist January, 1872, with the consent of the representative body, and (where the curate's salary is deducted from the incum- bent's annuity) with the consent of such incumbent, the value of the annuity may be calculated and paid wholly to the curate, or partly to the curate and partly to the Church body, in such portions as they shall agree. "^ ^ When received, the Act does not say. A cur.ite entitled liy length of service to be considered a permanent curate might have received two different rates of salary between 1st January, 1869, and ist January, 1 87 1. Which rate is to be the standard? 2 (i) The application must be made between 1st January, 1S71, and 1st January, 1872 ; and (2) the value of the annuity may be made over wholly to the curate, or partly to him and partly to the Church body. PROTESTANT CURATES. 155 VI II. Non-permanent curates are entitled to a gratuity not exceeding, as a general rule, 25/. for each year of service, or a total lump sum of 600/. But where the period of service does not amount to eight years, 200/. may be given. IX. A curate, in order to make a valid claim for In both particulars the difference will be noted between this special commutation provision and the general provisions also apphcable to curates contained in s. 23, which runs as follows : " In the event of a repre- sentative corporate body, hereinafter referred to as ' the Representative Body of the said Church,' being constituted in pursuance of this Act to represent the said Church, any archbishop, bishop, or person holding any such benefice or cathedral preferment as aforesaid, or any curate entitled to an annuity under this Act, may after the first day of January, one thousand eight hundred and seventy-one, apply to the Commissioners to commute his annuity and the value of his life interest, if any, in any ecclesiastical property held by him in pursuance of this Act, inclusive of any income derived from pew rents and burial fees, for a capital sum ; and the Commissioners, if satisfied that such annuity and life interest is unincumbered, or, if incumbered, that the incumbrancers consent to the commutation, and that the said Representative Body assent to such com- mutation, and also, in the case of a curate, that the incumbent (if any) from whose income the salary of such curate has been deducted as afore- said assents, shall cause the then present value of such annuity, and also of such life interest, exclusive as aforesaid, to be estimated, and shall pay the amount of such estimated value to the Representative Body of the said Church charged with the payment of the annuity in respect of which the capital sum is paid, so long as the a7inuitant requires such payment to be made, but with power to the said Representative Body of the said Church to make such arrangements in respect of the commuted value of the annuity with the annuitant, and as to the disposal of such portion thereof as shall after such arrangements be applicable to Church purposes, as shall to such Body seem fit ; and upon such capital sum being paid, the annuity of such applicant shall cease, and all the estate and interest of such applicant in any such ecclesiastical property as aforesaid shall vest in the Commissioners." 1 56 LA JV RELA TING TO PRO TESTA NT CUR A TES. compensation, must have been serving as such be- tween the 1st January, 1869, and the ist January, 1871.1 1 The only other provisions of the Act which it seems desirable to notice in connexion with the subject-matter of this work are — the 70th section, which provides that nothing in the Act is to affect the patronage or right of presentation to any proprietary or district parochial church or endowed chapel-of-ease which has been endowed out of private funds, or affect the property in any such church or chapel, or the property held for the puq:)0ses of or appropriated to the use of the same, or affect the continuance of the trust relating thereto as originally con- stituted ; and the 13th section, which enacts that every ecclesiastical corporation, whether sole or aggregate, and every cathedral corporation, shall be dissolved on the 1st January, 1871. After that date, therefore, neither archbishop, bishop, nor parson will be a corporation sole, or subject to the law applicable to such corporations. INDEX. Abjuration : Oaths of, to be taken once only by curate licensed to two or more curacies in Ireland, 95. Absence from the Realm : Licences for non-residence grantable to spiritual persons in Ireland in cases of, 60, 63. Acceptance : By curate of less stipend than that stated in his licence will not bar recovery of full amount, 108, 109. Action : Penalties and forfeitures incurred in England by non-spiritual persons, or by spiritual persons not having benefices, recoverable by, 79. Rule of limitation as to such actions, 79. Actions for penalties in Courts of Record at Dublin, may be commenced when, 80. One month's notice of action to be given in Ireland, 80. Proof required of such notice having been given, 80. No evidence admissible, save that contained in the notice, 80. Licences may be pleaded in bar of action, 80. Additional Curates : Appointment of, in England, loz, 103, 131. in Ireland, 60, 63, 102, 103. Salary of, T02, 103. Admission : New incumbent within a certain period after, may give curate notice to deliver up possession of house of residence, &c., 116, 118. And in England may give curate notice to quit curacy, 122. Affidavits : Before whom to be made in England, 57, 58. in Ireland, 53. Agb : Less salary than that specified in the Act assignable to curate, when incumbent unable to perform duty from, 104. Annuity under Irish Church Act, 1869, not forfeited by incapability to perform duties in consequence of, 147, 149, 151, 154. Agreement : By curate to accept less salary than that specified in his licence is void, 108, 109. 1 58 INDEX. Allegian'Ce : Oath of, to be taken once only by curate licensed to two or more curacies in Ireland, 95. Alphabetical List : Of licences for non-residence, and of revocations of the same, to be prepared in Registry of Diocese, 67. Fee of three shillings for inspecting, 67. Of curate's licences, and of revocations of same, to be prepared, 132. Fee of three shillings for inspecting, 132, 133. Alteration : Of ecclesiastical law of Ireland, how to be made after January ist, 1871, 143. Such alterations, how far binding on ecclesiastical persons, 143. Annuitants : Under disestablishing Act in Ireland may signify dissent from alterations in the articles, doctrines, &c., 143. Do not forfeit their annuities for incapability to perform duties, occasioned otherwise than by own wilful default, 147, 149, 151, 154. Annuity (jtv Com pensationI : Payable under the Irish Church Act, 1869, to archbishops, bishops, incumbents, how calculated, 145 — 149. Payable to permanent curates, 150 — 153. These annuities payable so long as annuitants discharge former duties, or other duties substituted therefor, with their own consent and that of the Repre- sentative Body of the Church, 147, 149, 151, 154. unless they be disabled from so doing by age, sickness, permanent infirmity, or any cause other than their own wilful default, 147, 149, 151, 154. Of incumbent may be increased by curate's salary ceasing otherwise than by commutation, 148, 149. Payable half-yearly unless otherwise ordered by Commissioners, 148, 154. Value of curate's annuity may in 1871 be paid, on curate's application, in part to curate and in part to Church Body, 151, 154 and «. but consent of incumbent necessary to such payment when curate's salary has been deducted from his annuity, 151, 154. Commutation in general of annuities payable under the Act, ISS- If annuity incumbered, consent of incumbrancer necessary to commutation, 155. Representative Body of Church may arrange with annuitant as to disposal of commuted value of, 155. No person to forfeit his annuity or compensation for not agreeing to alteration in the articles, doctrines, rites of the Irish Church, if he signify his dissent within 07te month, 143. nor in consequence of being appointed to fill any archbishopric, bishopric, benefice, &c. before the ist January, 1871, 144. Appeal : Against grant of licence to a curate in F.ngland, 40. in Ireland, 44. By curate against revocation of his licence in England, 40, 121. in Ireland, 44, 121. Such appeal, how to be determined, 129, 130. No further appeal from archbishop to Privy Council, 129. As to holding pluralities, 46. Against bishop s order refusing licence for non-residence in England, 55. in Ireland, 56. Against revocation of licence for non-residence, 65. Against sequestration to enforce residence in England, 75. in Ireland, 76. Against requisition to resident incumbent to appoint a curate, or appointment of curate by bishops, after requisition not obeyed, 88, 90. Against requisition to appoint, or appointment of, two curates, or a second curate, in England, 102, 103. no such appeal in Ireland, 103. INDEX. 159 Appeal {continued) : Steps to be taken by bishop when archbishop on appeal annuls his revocation of licence, 133, 134. No appeal in England from bishop's decision in disputes regarding curate's salary, 94. Discretion of bishop or archbishop is uncontrolled where no appeal is expressly given by the statute, 116. From Ireland under 25 Hen. VIII. c. 19, lies to the Sovereign in Chancer)-, not to the Judicial Committee of the Privy Council, 129 «. From archbishop as bishop of his own diocese, 137. To archbishop in England to be in writing, 138. Appellant must, if required, give security for costs, &c., 138, 139. Archbishop may himself or by comrriissioner make inquiry, 139. and after inquiry must give his decision in writing, 139. and make order as to payment of costs, 139. Appellant : May be required to give security for costs in England, 59, 138, 139. Must give such security in Ireland, 56, 59, 76. Order as to payment of costs, by or to, must be made by archbishop deciding appeal in England, 139. Application : LlCAl iUN ; For licence for non-residence of incumbents, 51, 57. For licence for curate of non-resident incumbents, 92. Appointment: Of curates, how made generally, 24. But may be made by bishop, in what cases in England, 81 — 84, 87, 89, 90, 102, 103, 131. in Ireland, 60, 81 — 84, 87. Of archbishops, bishops, incumbents, curates, &c., in Ireland after the passing of the Irish Church Act, 1869, 143, 144. Archbishop: Discretion of, as to remission of penalties for non-residence, 77. Consent of, necessary in England to appointment of less salary to curates than that specified in the Act, 104, 105. Approval of, necessary to licences for non-residence in cases other than those enumerated in the statutes, 60, 62. and in England to such licences granted during the vacancy of the see, 64. To send annually to Government a list of licences for non-residence granted in cases other than those enumerated in the Act, 67. Chaplain of, allowed privilege of temporary non-residence in England, 48. in Ireland, 50. Oath or affidavit may be made before, in England, 58. Having benefices in Ireland, not liable to penalties for non-residence, 80. Appeal to, generally, against e.xercise by bishop of the discretion entrusted to the latter by i and 2 Vict. cap. 106, and 5 George IV. cap. 91, 42, 45. against grant of licence to curate in England, 40, 88. in Ireland, 44, 88. against revocation of curate's licence in England, 40, 121. in Ireland, 44, 121. Such appeal, how to be determined, 129, 130. No further appeal from, to Privy Council, 129, 130 «. against bishop's order refusing licence for non-residence in England, 55. in Ireland, 56. against revocation of licence for non-residence, 65. against sequestration to enforce residence in England, 75. in Ireland, 76. against requisition to resident incumbent to appoint a curate, or appoint- ment of curate by bishop after requisition not obeyed, 88 — 90. against requisition to appoint, or appointment of two curates, or a second curate in England, 102, 103. i6o INDEX. Archbishop {continued) : Against bishop's refusal of permission in England to give notice to quit, 122. in iMiglanci, to be in writing, 138. Appellant may be rc. . So as to licence of minister of church without a district erected by the Church Building Commissioners, 128. By resignation of incumbent, 128 « — 131. Sequestrator to pay salary of curate appointed to do duty on avoidance of benefice by death, resignation, &c., 131, 132. B. Benefice (icc Avoidance, Incumbent, Non-Residrnce, Residence): Meaning of the term, 80. Lease of, with cure, 9. Not more than two benefices to be served in same day, 135. Exceptions to this rule, 135, 136. Perpetual curacy is an ecclesiastical benefice, 18, 19. Does avoidance of, avoid curacy ? 34, 124, 125, 127, 128. Union and separation of Ix-nefices in England, 47. i- j • Spiritual person holding small benefice in Ireland and serving as licensed sti- pendiary curate elsewhere, may obtain a licence for non-residence, 55. Spiritual persons holding benefices in England, to make a return to certain ques- tions annually in January, 68. not, however, in Ireland, 70. , . 1 Names of benefices in diocese to be included in bishops annual return to Government, 70. Under sequestration for non-residence becomes void, when, 78. Archbishop or bishop having, in Ireland not subject to penalty for non-resi- dcnce, 80. INDEX. i6i Benefice, &c. {continued): Value of, how estimated in Ireland, 99, roo. to be considered, in appointing salary of curate, 98, 100, 102, 103. and in deciding on emplojTnent of additional curate, 102, 103. Person holding, and serving as a curate elsewhere, io5, 107. Possession of house of residence,. &c, how recovered from curate on vacancy of, 116 — 118. Provisions as to filling up, in Ireland after passing of Disestablishing Act, 143, 144. BtSHOP {see Residence, Non-residence, Sequestkation): Discretion as to various matters confided tn, by i and 2 Vict. cap. 106, 41. This discretion to be generally exercised subject to an appeal to the arch- bishop, 42, 129. But is imcontrolled where no such appeal is expressly given by the statute, 116. Is a corporation sole, &o. In England may raise money by mortgage for providing suitable houses of residence for incumbents, 78. Having benefice in Ireland, is not liable to penalties for non-residence, 80. Chaplain oi, allowed privilege of temporary non-residence in England, 48. in Ireland, 50. Oath or affidavit may be made before, in England, 58. Licence of, necessary to enable clergymen of Church of England to officiate, 21 «. not, however, when one clergyman occasionally acts for another, id. May revoke licence to perform duty in a proprietary chapel, 17. Monitions to issue under hand and seal of, 79. In England to transmit certain questions to be answered by incumbents annually in January, 63. Appeal from orders and decisions of, see Appeau Steps to be taken by, when archbishop on appeal annuls his order, 133, 134. May in Ireland grant licence to spiritual person to serve three churches or chapels in one day, 135, 136. Where jurisdiction is given to, by statute, all other concurrent jurisdiction it taken away, 126, 127, 137, 138. May enforce performance of two full services every Sunday in parish church, 136. Order as to payment of costs by or to bishop respondent to be made by arch- bishop deciding appeal in England, 139. Coercive jurisdiction of, in Ireland ceases from ist January, 1871, 143. Compensation to, under the Irish Church Act, 1869, 146. May license a house to be used as a residence-house, 48, 50. May license canons and prebendaries to non-residence in Ireland, 51. May grant to incumbents licence for non-residence on what grounds enumerated in the statutes, 54 — 59. Has also a discretion in cases not so enumerated, 59, 63. May revoke licences for non-residence, 64, 65. Death or removal of bishop who granted licence for non-residence will not operate to revoke, 60. but bishop's successor may revoke, 64. To make an annual return of resident and non-resident incumbents in England to Her Majesty in council, 6g, 70. to make returns somewhat similar in Ireland, 70. May issue to incumbent a monition reqiiiring residence, 71. If no return made to, or if return unsatisfactory, may issue order under hand and seal requiring residence, 72, 73. If this order be not obeyed, may sequester, 73. How to dispose of surplus profits of benefice under sequestration, 73, 75. May remit penalties for non-residence, when, 77, 78. Curates to be examined, admitted, and licensed by, 11, 12. Curates' licences formerly to be taken from, 23. and to be revocable by, 35. Formerly required to appoint stipend to curates, 13, 25, 26, 39, 40, 43. and to determine disputes as to payment of, 13. M 1 62 INDEX. liisHOP, &c. {continued) : R<;(iuired by tnoticrn statutes to appoint salary to curates in England, 82. and in Ireland, 60, 82. Empowered to enforce payment of such salary in England, 94. and in Ireland, 60, 94. Empowered also to decide disputes as to payment of, in England, 93, 94. and in Ireland, 93, 94. Curate to be fjenerally nominated to, in order to being licensed, 24. But n;ay be licensed although not nomir.at d, 40, tj, 90, 120, 121. May appoint and license curates in wliat cases in England, 81—84, 87, 89, 90, 102, 130, 131. and in Ireland, 60, 8t — S4, 87. in Wales, 134. May in Engla»d remove such curates and revoke their licences, 40, 120 — 124. must give opportunity for showing cause against reyoc.ilion, 121, 123- May in Ireland remove and revoke, but need not give such opponunity, 44, 120, 128. Consent of, necessary to removal of curates, 122, 124. unless in England when benefice becomes vacant, 121. Required by existuig statutes to appoint stipends to curates in England, 82, 88—89, 93, 96, 98 -loi, 130, 131. and in Ireland, 60, 82, 88, 93, 96, 98—101. May in what cases require resident incumbent in England to nominate a curate, 86—90. May in what cases so require in Ireland. 86—88, 90, 91. M.iy issue a commission to inquire into adequate performance of ecclesiastical duties in England, 86. What particulars must be inserted in application to, for licence for curate of non- resident incumbent, 92. May require declaration as to bona/tde payment and receipt of curate's salarj' in England, 92. May require the employment of a second or additional curate in what cases, 102, 103. May assign house of residence and a portion of the glebe land to curate of incumbent who is non-resident four months in the year, 112, 113. Discretion of, in England, as to the payment of rates, taxes, &c., in .such cases when curate's .salary is less than full value of the benefice, 115. May direct curate to deliver up possession of the house, &c., on notice, 117, 118. Consent of, necessary in order to dispossess the curate of the house, 117, 118. unless in case of a new incumbent, 115 — 118. Curate intending to quit must give three months' notice to, 119. unless bishop consent otherwise, 119, I20«. Licence of curate of district church or chapel not revoked by avoidance of pari.sh or district church unless expressly revoked by, 127, 128. so as to licence of minister of parish church without a district erected by Church r.uilding Commis.sioners, 12S. BrsHOi'Ric : Provision as to filling up in Ireland after passing of the Disestablishing Act, 143, 144- Buying and Sri.ling : By .spiritual persons, 47. Camiiridge : 1 ■ r Head rulers of any college or hall in university of, exempted from penalties for non-residence, 48. Professors and public readers in university of, allowed privilege of temporary non-residence, 48. Canonicat. Cknsure: Non-residents in Ireland not exempted from, by the Act, 70. INDEX. 163 Canons at Cathedral Churches: Exemption of, from penalties for non-residence, 51. Canons of the Church : Reference made to the 13th canon, 6«. 36ch and 37th canons, 20. 41st canon, 9. 47th canon, g. 48th canon, 10, 20, 22 n. What canons binding, 12, 22 «. Canterbury: Dispensation of Archbishop of, necessary to hold pluralities in England, 46. Cathedral Duties; Performance of, in England, counts as residence in certain cases, 49. in Ireland, 51. Cathedral Preferments : Provisions as to filling up, in Ireland after the passing of the Disestablishing Act, 143, 144. Compensation to holders of, under the Irish Church Act of 1S69, 146. Cattle : Buying and selling of, by spiritual persons, 47. Chancel : Provision for repair of, 73. Cost of repairing may be deducted from salary of curate when equal full value of the benefice, iii. Chancellor : Of university excused from residence, 8. Other chancellors allowed privilege of temporary non-residence, 48. Chancery : Master in, empowered to administer oath in England, 58. in Ireland, 53. Appeal to sovereign in, from Ireland, 129 k. Chapel {see Donative Chapel, Proprietary Chapel) : Of ease in Ireland, 43, 156 «. Person holding endowed chapelry in Ireland may obtain licence for non-residence. 55, 59- . Avoidance of district chapel does not avoid curate's licence, unless revoked by bishop, 127, 128. Not more than two, to be served in same day by one person, 135. exceptions to rule, 135, 136. Chaplains : Excused from residence, when, 8, 9, 48, 50. Charges : Affecting value of benefice to be paid by curate receiving salary equal to such value, no. Charities : Master of, in Ireland exempt from penalties for non-residence, 50. Charter-house : Master of, has privilege of temporary non-residence, 49. Church : Curate to reside what distance from, 83, 84, 85. Number of churches and chapels in parish to be considered in deciding on neces- sity for employment of a curate, 86, 89. Distance of residence of spiritual person from, to be also considered, 86, 87. Licence of curate of district church or chapel not avoided by avoidance of the district church, S;c. unless revoked by bishop, 127, 128. Not more than two churches to be served by same spiritual person in one day, '35- unless in case of emergency in England, 135. or licence otherwise in Ireland, 135, 138. M 2 1 64 INDEX. Church Buti-DiNC Commissioners: Licence of minister of new church without a district erected by, 128.; Churchwardens: , , . • , Copies of licences for non-residence and of revocations thereof to be transmitted to, 67. Copies of curates' licences and revocations thereof to be transmitted to, 133. Clergyman (jc^ Curate, Inci'mbent): .... One may officiate occasionally for another without bishop's licence, 21 n. Collation : . . . , . ■ . ,• New incumbent, withm a certam period after, may give curate notice to deliver up iiossession of house of residence, residcncc, 56; 59. Payable for curate's licence, 94. For inspecting list cf licences for non-residence, and revocatioTi": of the same, 67. For inspecting (in Ireland) returns to monitions for enforcing residence, 72. For inspecting register of curates' licence^, and revcx:atioiv> thereof, 132, 133. For copies of ctirates' licenses and revocations thereof traa^inilted to church- wardens, 133. How recoverable from spiritual persons, 79 Fellows (^^r Trinity College, DubunX First-fruits in Irf.land, Trustees and Commis<;fojicrs of : Houses purchased by, to be legal houses of rcsidenc;, 50. Surplus profits of benefice under scquc^>tration may be made over to, 74. Value of benefices to be estimated from returns made to, 99 — looi Sums payable to, dischargeable by curate, when, 115. Forfeitures {_sce Penalties). Formularies : Alteration in the formularies of the Irish Chtjrch, 143. G. Glebe Land : Four acres of, may fee assigned in England to carats of incumbent nor>-resident four montlis in the year, 113, 114. rent payable for, how ftxeJ, 113, 114. Ten acres of, may be assigned in Ireland, 113, 114. Irish statute silent as to rent, 114. Delivery of possession of, by corate on notice, &c. 117 — ii> Grati'itv: Payable to non-permanent curates as compensation, under tlic Irish Church Act, 1869, 155. Gi;arc>ian of the Spiritualities of the Diocese : May grant licences for non-residence to incumbents during Tacancy of tlic see in England, 64. H. Her Maj7:stv in Council: May revoke licences for noo-residencc granted in cases other than those cnniue- rated in the Act, 67. Bishops in England to make annually a return to, of resident aixl non-resideat incumbents, 69, 70. (5"tv Appeal.) Hiring: General law of, applies to appointment of unlicensed curates, 21, 22, and n. Hospitals : Masters of, in Ireland, c\cmpl from penalties for non-residence, so. House of Commons: Chaplain to, allowed privilege of temporar>' noi>-rcsidencc, 48. House of Residence: Bishop may in England grant incumbent licence to reside out of, 48, 53 in Ireland, 54. House purchased by Governors of Queen Anr>e's Bounty in Englaad to be deemed legal, 48. so as to house purcliascd by Trustees and Commissioners of the Fitst-Fruils in Ireland, 50^ INDEX. 169 House of Residence (continved\ : Vicarage or rectory-house to be legal house of re-idence in England, 48. in I re! and, 50. Widow of spiritual person deceased may occupy, for two months in England, 48. no such provision in Ireland, 51. Non-resident incumbent in England liable to penalties for not keeping, in repair, 49. in Ireland, 51. Bishop may in Ireland license another house as, 50. Licences for non-residence, where no house of residence, or where it is unfit, 54, 58. provided unntnesshavenotbeenoccasioned by spiritual person'sdefault, id. Licence to reside out of, to incumbent having mansion or messuage in the parish, 55, 58- . , . in which case, house of residence must be kept in good repair, 55. Repair of, from surplus profits of benefice, in case of a sequestration, in England, T^. 74- in Ireland, 74. Contracts for letting of, how to be made, and when void, 78. Bishop in England may raise money by mortgage for providing suitable houses of residence, 78. Use of, may be given to curate, or^Jis per annum in lieu thereof, where incum- bent appointed before a certain date, 96, 97. Cost of repairing, may be deducted from curate's salarj' when equal the full value of benefice, iii. and part of such cost, when difference between such salary and such full value is not sufficient, in, 112. Use of, may be given to curate, when incumbent is non-resident four months in the year, 112, 113. delivery of possession may be enforced by sequestration, 113. no rent payable for the use of the house in such cases by curate in England, 113, 114- Curate residing in, and drawing salary equal full value of benefice, to pay rates, taxes, &c., 114, 115. Curate in England to deliver possession of, to nciv incumbent, on receiving six weeks' notice, which must be given within six months of institution, ii5, 118. in Ireland a month's notice to be given within two months of institution, 118, 119. In other cases curate may not be dispossessed of, without written permission of bishop, 117, 119. on receipt of such permission six 7>ipntJi£ notice to be given to curate in England, 117, 118. and three mont/is' notice in Ireland, 117, 118. L Illness : Of incumbent, how far a ground for non-residence, 54, 58, 59. Of incumbent's wife or^child, how far a ground for non-residence, 54, 58, 59. {See Sickness). Income Tax : Not to be deducted in calculating compensation of incumbents under the Irish Church Act, iSog, 147, 149. Incumbents {see Licence, Non-residence, Residence, Spiritual Persons) : Jurisdiction of, how far taken away, 41 ii. May obtain licence for non-residence, on what grounds, 54, 58, 59. This licence, how revocable, &c. {see Licence, Revocation). In England to m.ike a return to certain questions in January every year, 68. Names of resident and non-resident incumbents to be gi.eu separately in bishop's annual return to Government, 70. I70 INDEX. Incumbcnts, &c. {continued): l\l;iy be rciiuired to kffep curates, in what cases, when non-resident, 8i, 84. in what cases when resident, 86, 91 (see Licensed Clkates). May add i)ne member to Commission appointed to inquire into adequate per- formance of ecclesiastical duties in England, 87. Consent of, necessary in certain cases in England to increase of curate's salary, 102. Curate employed interchangeably on several benefices held by same, 105. May hold how many benefices at same time, 106. If non-resident four months in the year, house of residence, and portion of glebe- land, may be given to curate, 112. one neighbouring incumbent, with archdeacon or rural dean, to fix rent payable for glebe-land in such cases, 113. Newly instituted, how to proceed to obtain possession of the house of residence, glebe-land, &c. from curate, 116, 118. Not newly instituted, how to proceed for the same purpose, 117, 119. May not dispossess curate of house of residence, &c., without bishop's written permission, 117, 118. Curate desirmg to quit benefice must give three months' notice to, 119. unless bishop otherwise consent, 119, 120. Must obtain bishop's sanction to removal of curate, 122, 124. unless he be newly instituted in England, when he may give curate six weeks' notice to quit curacy, 121, 122. Resident, or desiring to be resident, may appeal against bishop's refusal of per- mission to give curate six months' notice to quit in England, 122. Cannot resign on conditions, 128 «. If incumbent do not perforin the duties of benefice under sequestration, bishop may appoint curate, 130, 131. On avoidance of benefice by death, or resignation of, sequestrator to pay salary of curate appointed to do the duty, 131. if profits not sufficient to pay such salary, next incumbent must pay, 131, 132. Compensation to, under the Irish Church Act, 1869, 146 {see Compensation). Appointment of, in Ireland, after the passing of the Irish Church Act, i86g, 143. M4- Incumbranxer : Consent of incumbrancer of annuity payable under Irish Church Act, 1869, necessary to commutation, 155. Inns of Court : Preachers to, enjoy privilege of temporary non-residence, 48, 49. Inqi;iry : Directed to be made by bishop or archbishop, 58, 6t. Inspection (see Fees) : (Jf petitions for licences for non-residence, 53, 57. Of application for licences of curates of non-resident incumbents in Ireland, 92. Of book containing reasons for assigning to curates salaries less than allowed by the Act, 104, 105. Of register of curates' licences and revocations thereof, 133. Institution: New incumbent within a certain period after, may give curate notice to deliver up house of residence, &c. 116, ii8. And in England may give curate notice to quit curacy, 122. May be refused in Wales to spiritual persons not having knowledge of the language, 134. Ireland: Curates first recognised by the Legislature in, 14. Enactments relating to curates now in force in, 44, 45. Trustrees and Commissioners of Eirst Fruits in (see Eirst-Fruits). Appeals from, under 25 Hen. VI 11. c. 19, lie to the Sovereign in Chancery, not to the Judicial Committee of the Privy Council, 129 «. INDEX. 171 Ireland {continued) : Present ecclesiastical law of, continues in force only up to ist January, 1871, 142. after which date it will be binding by contract, 142. and capable of being enforced in temporal courts only, 142. may after that date be altered by the Church itself, 143. Repeal of the laws prohibiting the holding of synods in, 143. Ecclesiastical Courts in, abolished, 143. Ecclesiastical law as to matrimonial causes in, still in force, 143. Appointments to archbishoprics, bishoprics, benefices, cathedral preferments in, after passing of Disestablishing Act, 143, &c. Compensation under the Irish Church Act of 1S69, to ecclesiastical persons other than curates in, 145, 150. Compensation to curates, 150, 156. Isle of Man : Avoidance of licence of curates of district church, &c., in, 127, 128. Judicial Committee of Privy Council {see Privy Council). Jurisdiction : Where given by the statute to bishop or archbishop, all other and concurrent jurisdiction is taken away, 126, 127, 138. Coercive jurisdiction of archbishops, bishops, and other ecclesiastical persons ia Ireland ceases on ist January 1871, 143. except the jurisdiction in matrimonial causes, 143. JlTSTICE OF THE PeACE : Empowered to administer affidavit or oath in England, 58. in Ireland, 53, 72. May grant warrant to take possession of house of residence, 78. King's College, London : Principal of, has privilege of temporary non-residence, 49. L. Lav Patronage : Foundation of, 3. Lease {see Benefice, Queen Anne's Bounty). Letting : Of houses of residence, contracts for, how to be made and when void, 78. Licence : Certified copy of, admissible as evidence in England, 140. No clergyman of Church of England can lawfully officiate without bishop's licence, 21 «. Except occasionally for a brother clergyman, id. By bishop to perform duty in a proprietary chapel may be revoked, 17. To incumbent to reside out of the usual house of residence, 48. May be refused in Wales to spiritual person not having knowledge of the lan- guage, 134. ^ To spiritual persons in Ireland to serve three churches or chapels in one day, 135, 136. Licence for Non-Residence: Petition for, to be presented to bishop, 51, 57. Petition to be in writing and signed, 51, 57. May be signed by some one on behalf of incumbent, 51, 53, 57. 172 INDEX. Licence i-or Non-Residents (f^«//««f(^: Petition, what to contain, 51, 52, 57. Difference as to contents under English and Irish statutes, 57. Petition to be filed in registry of diocese, 52, 53, 57. May be inspected, how, id. Bishop may reiiuire proof of facts stated in petition, 53, 57. Proof, how given in Ireland, 53. in England, 57. On presentation of petition, &c., bishop may grant licence for non-residence, ia cases enumerated in the .statutes, 53, 54. May not grant it without such petition, 52, 53, 57. Licence to state cause of granting the same, 53, 54, 57. Grounds upon which it may be granted, 54, 55, 5a, 59. Jjifi'erence between English and Irish Acts in this respect, 58, 59. l'"ees payable for, 56. Discretion of bishops to grant licences for non-residence in cases other than those enumerated in the statutes, 59-63. such licences need not specify cause of granting, 60, 62. but bishops granting must make special report 10 archbishop, 60, 63. without whose counter-signature licence not valid, 60, 62. peculiarities of tlie Irish statute as to these latter licences, 63. May be granted by whom, during vacancy of the see, 63. Difference between English and Irish statutes in this respect, 64. To canons and prebendaries in Ireland, 51, How revocable, 64, 65. Opportunity of showing cause against the revocation must be given to incumbent in England but not in Ireland, 65. Appeal to archbishop against revocation of, 63. Period for which licences for non-resldcncc ordinarily continue in force, 65. this period a year longer in Ireland than in England, 66. Not revoked by death or removal of bishop who granted, 66. but bishop's successor may revoke, 64, 65. Copies of licences for non-residence, and of revocations of such licences to be filed within one month In registry of diocese, 66. alphabetical list of, to be prepared, 67. fee for inspection of, 67. Other copies to be sent to churchwardens, 67. Licences to be read publicly at ne.\t visitation, 67. List of licences granted in cases other than those enumerated in the Act to be sent annually to Government by archbiiliop, 67. penalty in England on spiritual person failing to transmit these latter, 67. tiuch licences may be revoked, but hold good between grant and rcvocation> Licence may be pleaded in Ireland in bar of action for penalty, 80. Licence to CtJRATE.s (.r^i? rt/j Irei iiid, 60, 94. Amount of salary of licensed curate of lum-rcsiJent incumbent, 82, 96, 97, 101. of licensed curate of resident incumbent, 88, 89, qi, 961 To be paid in England by committee of lunatic incumbent, 91. Declaration as to bona Jide payment and receipt of, may be required by bishop in England, when, 92. no such declaration required in Ireland, 93. Licence or copy of licence signed by registrar is evidence of amount of sahtry in Ireland, 93. Curate's maximum salary in England, when incumbent was instituted before 20th July, 1813, 96. Maximum salary in Irtlaiid when incumbent was iivstiluted before 3d l-'cbruary, 1824, 97- . Salary of curates of incumbents instituted after those dates, 97-101. Higher salaries, in what cases, 101, 103. Curate nnist be resident in order to receive higher salary, 102, 103. l,i>wer salaries at discretion of bishop, in what cases, 103, 104, io6, 107. Consent of archbishop necessary in England to assignment of salary less than specified in Act, 104, 105. but not in Ireland, where bishop alone has discretion, 105. Special reasons for assigning such lower salary to be specified in licence, 104. And also to be entered fully in a separate book, 104. such book to be deposited in the registry of the diocese ; inspection of, 104, 105. Salarie-s of additional curates, 102, 103. may be increased in England witn incumbent's consent, loa, 103. Salary of curate employed interchangeably upon more than one benefice, 105, 106. Salary of person holding benefice, but licensed to serve as curate elsewhere, 106, 107. Agreement by curate to accept less salary than that specified in licence to be void, 108, log. and may not be given in evidence, 108. Full salary recoverable, notwithstanding payment and receipt of less stipend under such an agreement, 108. and curate and his personal representatives may sue for, ivii/iiit tivelve months, 108, tog. full costs recoverable in England, and treble costs in Ircl.md, 109. payment of salary and costs enforceable by monition and sequestration, 109. Course to be pursued where proper amount of salary not inserted in licence, 1 10. Curate receiving salary equal full value of benefice to pay charges aficcting sucl» value, no. INDEX. 183 Salary {continued) : Expense of repairing chancel, house of residence, and premises may also be deducted with leave of bishop, in. and part of such expense, when difterence between curate's salary and full value of benefice is insufficient, in, 112. but such deduction must not exceed one-fourth such value, in. Curate receiving salary equal full value of benefice, and residing in parsonage, to pay rates, taxes, &c. 114, 115. discretion of the bishop, in England, in such cases when salary not equal such full value, 115. Of curate appointed when incumbent neglects to perform duties of benefice under sequestration, 130, 131. Of curate appointed to do duty on avoidance of benefice by death, or resignation of incumbent in England, 131, 132. Deduction of salary of curate, in calculating the incumbent's compensation under the Irish Church Act, 1S69, 146, 149. Schoolmasters : Of endowed diocesan schools in Ireland not liable to penalties for non-residence, . 5°- . . . . . , . , Deduction of salaries of diocesan, in calculating incumbents' compensation under the Irish Church Act, 1869, 147, 149. Schools [see Usher) : Buying and selling by spiritual persons keeping, 47." Secretary to Bishop : Fee receivable by, for licences to incumbents for non-residence, 56, 59. for curate's licences, 94. Security for Costs : In appeals to archbishop in England, 59, 13S, 139. in Ireland, 56, 76. Sequestration : Party monished may show cause why a sequestration should not issue, 79. If cause be not shown within time allowed, sequestration to issue under seal of Consistorial Court in England, 79. under bishop's seal in Ireland, 79. Recovery of curate's salary by, in England, 94. in Ireland, 60, 94. Recovery by, of penalty on non-residents ui Ireland by exemption without licence, who do not yearly notify to bishop, 70. Bishop may sequester profits of benefice when order to reside is not obeyed, 73. may dispose in what manner of surplus profits of benefice so sequestered, 73-75- , ^ , . may after six months direct a portion of such profits to be remitted to the incumbent, 74, 75. Spiritual person may appeal to archbishop against sequestration, 75, 76. Sequestration to remain in force during the appeal in England, 75. but not in Ireland, 76. Inquiry how to be made by archbishop in case of appeal in England, 77. in Ireland, 66. Security for costs of appeal in England, 138, 139. in Ireland, 76. Incumbents returning to residence on monition without sequestration must however pay costs, 77. And if they again absent themselves within twelve months, a sequestration may issue without a monition, 77. Avoidance of benefice under sequestration for non-residence, 78. Penalties recoverable from spiritual persons in Ireland by monition and sequestra- tion, 79. Penalty recoverable by sequestration in three years, cannot be levied by execu- tion against the person, 80. Payment of curates' salary may be enforced by, in Ireland, 60, 94, 109. in England, 94, 109, 132. 1 84 INDEX. Sequestkation (ccv.tiinied) : Also of costs incurred by curate or his representatives in recovering full salary specified in licence, 109. In Ireland not to affect benefice beyond time of incumbent liable for the pay- ment enforced thereby, log. Delivery of possession of house of residence to curate of non-resident incumbci.t may be enforced by, 113. Payment by incumbent to curate in Kngland of amount of rates, taxes, &c., on house of residence enforceable by, 115. If incumbent do not perform duties of benefice under, bishop to appoint a curate in England, 130. salary of such curate, how fixed and how payable, 131. Sequestrator appointed by bishop on the avoidance of a benefice to pay curate appointed to do the duly, 131, 132. If profits not sufficient to pay such salary, succeeding incumbent liable to pay, 132. Sequestrator (see Sequestration). Sermon {sec Service). Service : Bishop may enforce performance of two full services, including sermon, in parisli church every Sunday, 136. Sexton : Mandamus will lie to restore, 37. SiCKNKSS: Lower salary than that specified in Act assignable to curate, when incumbent unable to perform duty from, 104. Annuitant under Irish Church Act, 1S69, unable to perform duties from, does not forfeit annuity, 147, 149, 151, 154. Spiritual Persons (.j^y Ecclesiastical Persons, Incumbents'): Forbidden to trade, &c. (see Farming, Trailing). Penalties and forfeitures how recoverable from (sec Penalty). Mot to sen'C more than two benefices in one day, 135. unless in case of an unforeseen and pressing emergency in England, 135. or licensed so to do in Ireland, 135, 136. Statutes : 22 Hen. III. 8. 4 Hon. IV. cap. 12, 4, 16. 2 Ed. 11. cap. 8, 8. 21 Hen. VIII. cap. i-;, 8. 25 Hen. VIII. cap. 16, 8. cap. 19, s. 2, cl. 4, 22«. cap. 19, 129 «. 28 Hen. VIII. cap. 13, 8. 13 Eliz. cap. 20, 9, 10. 29 Car. II. cap. 8, 5. 12 Anne, cap. 12, 12, 14, 30, 40. 1 Geo. I. cap. 10, ss. 4 and 6, 18. 6 Geo. I. cap. 13, 14, 40, 42, 44. I Geo. II. cap. 22, 42, 44. 36 Geo. III. cap. 83, 39,40, 41,44, 128. 40 Geo. III. cap. 27, 44, 128. 53 (Jeo. III. cap. 149, 41. 57 Geo. III. cap. 99, 40. 58 Geo. III. cap. 45, s. 19, iS. 5 Geo. IV. cap. 91, 9, 44, 46. ss. 1-13, 49"5'- s. J4. 53-i s. 17, 51. s. 15. 59- 5 Geo. IV. cap. 91, s. 16, 66. s. 18, 63. s. 19, 64. s. 25, 71, 77. s. 26, 77. s. 28, 77. s. 29, 78. s. 31, 78. s. 34. 79. s. 36, 80. ss. 39, 40, 41, 80. ss. 44, 45, 46, 80. s. 47, 81. s. 48, 84. s. 49, 86. s. so, 136. s. SI, 92. s- 52, 93- s. 53, 96. s. S4, 97- s. 55, 101. s. sf". 103- s. 57, 105. s. 58, 135. INDEX. 185 Statutes (contiinicd): S Geo. IV. cap. 91, s. 59, 106. s. 60, loS s. 61, no, S. 62, III s. 63, 112 s. 64, 114, s. 65, 116. s. 66, 117 s. 67, 119 s. 68, 120, 121 n, s. 69, 132. s. 70, 136. s. 71, 80. s. 73, 128, 137. ss. 74> 75, 76, 79- 1 & 2 Will. IV. cap. 36, s. 12, 18. 2 & 3 Will. IV. cap. 92, 129. 3 & 4 Will. IV. cap. 41, 129. I & 2 Vict. cap. 106, "9, 41, 46. ss. 1-4 1, 46-49. s. 42, 51. s. 43, 53- s. 44, 59- s. 45, 63. s. 46, 65. s. 47, 56. s. 48, 66. s. 49, 64. s. 54, 71. s- S5, 77- ss. 57, 58, 59, 78. ss. 62-74, 78. s. 75, Si. s. 76, 84. s. 77, 86. s. 78, 88, 91. s. 79, 91. s. 80, 136. s. 81, 92. s. 82, 94. s. 83, 93. s. 84, 96. s. 8s, 97. s. 86, loi. I & 2 Vict. cap. 106, s. 88, 105. s. 89, 105. s. 90, 108. s. gi, no. s. 92, in. s. 93, 112. s. 94, 114. s. 95, 121. s. 96, 116. s. 97, iig. s. 98, 120. s. 99, 130. s. 100, 131. s. loi, 131. s. 102, 132. s. 104, 134. s. 105, 133. s. 106, 135. s. 107, 136. s. 109, 137. s. Ill, 77, 178. ss. 112, 114, IIS, 117, 118, 79. S. 122, 140. s. 129, 86. s. 130, 140. 1 & 2 Vict. cap. 107, s. 13, 127, 128. s. 16, 18. 2 & 3 Vict. cap. 49, s. 10, 18. S. II, 128. 6 & 7 Vict. cap. 37, s. 16, 18. 8 & 9 Vict. cap. 70, s. i8, 18, 128. 32 & 33 Vict. cap. 42, s. 13, 156 n. s. 14, 14s, IS3 «. s. 15, i45«., ISO, 153 ''•, 143- ss. 19, 20,21,143. S. 21, 138. s. 23, 155 n. s. 51, 148, 154. s. 65, 143. s. 66, 144, 145 « s. 70, 156 n. s. 72, 19 «., 144. s. 87, 103. Stipend (sen Salary). Stipendiary Curates [see tender Curate, Licensed Curate) o^ Assistant Curates: 15, 16, 17, 28, 60, 127. Substitution : Of duties to be performed by annuitant under Irish Church Act of 1869, 147, 149. 151, 154- Successor : Of bishop may revoke licence for non-residence, 64, 65. Surrogates : Principal surrog.ates exempt from penalties for non-residence in Ireland, 50. Empowered to administer affidavit or oath in England, 58. in Ireland, 53, 72. Synods : Prohibition as to holding, in Ireland removed, 143. 1 86 IXDEX. Taxation: Costs payable by spiritual persons in England arc liable to, 79. Taxes: On house of residence payable by curate residing in, and drawing salary equal full value of benefice, 114. Deduction of, in calculating incumbents' compensation under the Irish Church Act, 1869, 146, 140. Temporal Courts: Ecclesiastical law of Ireland, how far enforceable in, after January i, 1871, 142. Trading: Forbidden to spiritual persons in England, 47. exceptions to the rule, iii. penalties for illegal trading, id. Forbidden to spiritual persons in Ireland, 49. Contract with spiritual persons trading in Ireland void, id. but not in England, id. n. Trinity Collkge, Dublin : Provost, fellows, and officers of, exempt from penalties for non-residence, 50. Trust : Ecclesiastical law of Ireland to be enforceable after ist January, 1871, in the temporal courts in relation to property as if conveyed upon, 142. Relating to church or chapel, endowed out of private funds, not affected by Irish Church Act, 1869, 156 «. Trustees and Commissio.nkks of First-Fruits in Ireland (^^t^ First-Fruits). Tutor : Buying and selling by spiritual person being, 47. Uniformity, Act of: One declaration under, sufficient for curate licensed to two curacies, 94, 95. Unlicensed Curates : F.mployment of, opposed to the canon law, 20. Were employed notwithstanduig bishops' remonstrances, 30 «., 33. Salary of, how recoverable, 20, 21 and «., 22 //. How removed or discharged, 21, 27, 33. General law of hiring applies to, 21, 22 «. Practice of employing, how obviated by the present law, 123. Usher: ... Of endowed school, holding benefice, may obtam licence for non-rcsidcnce in Ireland, 55, 59. V. Vacancy {see Avoidance) : Who may grant licences for non-residence to incumbents during vacancy of the see, 64. Possession of house of residence, &c., how recovered from curate on vacancy of benefice, 116-118. On vacancy of benefice, new incumbent may in England give curate six weeks' notice to quit curacv . i?i, 122, 124. No such provision in Ireland, lai, 125. INDEX. 187 Value: Of benefice how to be estimated in Ireland, 99, 100. Of benefice to be considered in appointing salary to curate, 98, 100, 102, 10:5. and in deciding on employment of an additional curate, 102, 103. and in deciding whether curate shall pay for repairs of chancel, house of residence, &c., iii. Curate receiving salary equal full value of benefice, and residing in parsonage, to pay rates, taxes, &c., 114. Verification by Affidavit or Oath (see Affidavit, Oath) : 57, 72. Vicar : Origin of modern incars, 3-4. Difference between a rector and a vicar, 4. Date of beginning of vicarages, 6 n. Oath of residence formerly required from vicars, 9. now abolished, 9 n. Vicars, how deprived now, 28. Vicarage [sec House of Residenxe): Residence in, is legal residence in England, 48. in Ireland, 50. Vicar-General : Allowed privilege of temporary non-residence in England, 48. in Ireland, 50. In Ireland may grant licences for non-residence during the vacancy of the see. 64. VicARii : Or substitutes of the spiritual corporations, 4. Visitation : Copies of licences for non-residence to be read publicly at the next visitation, 67. but not if archbishop annuls on appeal, 134. W. Wales : Avoidance of licence of curate of district church or chapelry in, 127, 128. Institution or licence may be refused to spiritual person not having knowledje of the Welsh language, 134. Curate may be appointed when duty inadequately performed in consequence of want of such knowledge, 134, 135. Westminster (Courts at) : Penalties recoverable in England from non-spiritual persons, and from spiritual persons not holding benefices, by action in, 72,, 119. Westminster School : Head-master of, exempted from penalties for non-residence, 48. Widow : Of spiritual person deceased may occupy house of residence in England for two months, 48. Wife : Illness of incumbent's wife a ground for licence for non-residence, 34, 58, 59. Winchester College : Warden of, has privilege of temporary non-reSidence, 49. Winchester School : Head-master of, exempted from penalties for non-residence, 48. LONDON : R. CLAY, SONS, AND TAYLOR, PRINTERS, BRRAD STREET HI I.I.. CATALOGUE Hah) oxit^ PUBLISHED BY MESSRS. BUTTERWORTH. LAW BOOKSELLERS AND PUBLISHERS ^-.»it5'^" TO THE QUEEN'S MOST EXCELLENT MAJESTY, AND TO H. R. H. THE PRINCE OF WALES. "Now for the Laws of England {if I shall speak my opinion of them without ' partiality either to my profession or country), for the matter and nature of ■ them, I hold them wise, just and moderate laws: they give to God, they give to ' Casar, they give to the subject what appertaineth. It is true they are as mixt ■ as our language, compounded of British, Saxon, Danish, Norman customs. And surely as our language is thereby so much the richer, so our laws are like- wise Ijy that mixture the more complete." — Lord Bacon. LONDON: 7, FLEET STREET, E. C. 1869. INDEX TO CATALOGUE. II Page Page Costs, " Abridgment. Charitable Trusts. Petersdorff 28 Tudor 30 Law of. Gray ... 40 | Accounts, Church Building. County Courts. Law of. Pulling ... -lO Trower 20 Cases. Austin ... 41 . I'rafiice, Davis 15, 16 Actions at Law. Collieries. Practice in Equity, Browne -1- Bainbridge 11 Davis 15 Kerr 1!' Colonial Law. Pradii-f in Adinirallii, Williams 35 Barbados 41 Coote 39 Admiralty, Torrens 40 Criminal Law. Practice. Coote C Reports. Browning &Lush- Commentaries. Stephen's Black- stone's 4 Davis 2G Oke 32 Customs. in^ton 46 Common Law, Hamel 42 Lushington ... 46 Practice. Deeds. liobinson ... "i^ Di\on 9 Tudor 18 Swaliey ... -16 Lush 10 Descents. Articled Clerk. Kerr 10 Fearne 44 Moscly 13 Companies. Divorce. Attachment, Grant 39 Practice. Foreign, Brandon ... 20 Shelford 47 Browning 18 Au-stralia. Com]iensation, Law of. Evl'ivls. Torrens 40 Swahey& Tristram 46 Banking. Ingram 31 Drainage. Grant H Shelford 47 Wilson 44 Keyser 40 Bankrui)tcy, Consolidation Acts. Shelford 47 Woolrych 27 Ecclesiastical. In County Courts, Davis 16 Constitution. Coiife.i.iiom. Badeley 45 Bar. Law Students' Guide 43 May 24 Practice. Stephen 4 Coote 40 Smith 2« Pearce 41 Barbados. Contral)and of War. MoseU-y 2f. Deane 42 Judgment. Bajfoid 45 Burder v. Heath... 44 Long r. Cape Town 45 Laws of 41 Contracts, Phillimore ... 44 Belligerents. Specific Performance. Election, Hamel 40 Fry 38 Law. Bills of Exchange. Conveyancing, Davis 16 Grant 14 [ntroducliun. Warren 43 Blaekstone. Lewis 12 Committees. Stephen's 4 Practice. Warren 43 Blockade. Barry 17 England, Deane 42 Bookkeeping, Smith 27 Tudor 18 Forms. Laws of. Blaekstone ... 4 Francillon ... 43 Solicitors. Coombs . 7 Crabb 21 Stephen 4 Boundaries. Christie 21 English liar. Pearce 41 Hunt 47 Shelford 21 Brokers. Rouse 25 Smith 20 Keyser 40 C(mvictions, E(juitv, Carriers, Si/nopnisof. Oke ... 32 County Courts. Davis 15 Inland. Powell ... 27 Forms. Oke ... 33 1 Draftaman. Lewis 12 hailway. Shelford 47 Sessions Papers ... 40 1 Pleader Drewry ... 35 Catalogue, Cojiyholds, ; Suit in. Hunter ... 23 General 45 Enfranchisement. 1 See Chancery. Chandler Practice. Rouse 8 Law of Scriven ... 31 Coroner. Baker 41 Evidence, C'jm./.ffU'. Parkinson 36 County Court. Davis 16 Chancerv I'raeticc. 1 Law of. Powell ... 29 HuntVr 23 Goldsmith li' If ills. Wigrant ..38 Corporations in General Ciri-umftanlial. Drafting. Lewis .. 12 1 Grant 39 Wills 39 1 INDEX TO CATALOGUE. Page Examinations. Benham's (Prelimi- nary) Guide ... 8 Law Examination Reporter 36 Mosely's Articled Clerks'HandyBook 13 Fences. Hunt 47 Fisheries. Oke ... 34 Forms, Conveyancing. Crabb 21 Rouse 25 Maf/isterial. Oke .. 33 Pleading. Chitty 20 Greening 42 Probate. Chadwick 22 Game Laws. Oke 34 Hig'liways. Glen 37 Honse of Lords, Uii/i'st. Clark ... 17 Beports. Clark ... 40 Practice. May .. 24 Indian Penal Code. Analysis. Cutler & Griflin ... 24 International Law. Deane 42 Hamel 'lO Pliillimore 42 Jamaica Riot. Williams 45 Joint Stock Companies. Shelford 47 Accounts. Pulling 40 Juris] irndencc. Law Magazine ... 48 Justice of Peace. Oke 32 Lands Clauses Acts. Ingram 31 Slielford 47 Law Magazine ... 48 Law Student's Mag. 48 Law Studies. Mosely 13 Smith 2e Leading Cases, Real Property. Tudor 18 Leases. Crabb 21 Rouse 25 Legacy Duties. Shelford 28 Libel. Starkie 30 Lights (Window). Latham 21 Page Local Government. Glen 39 Lord Mayor's Com-t. Brandon 47 Lunacy. Phillips 38 Magisterial Law. Oke 32 Forms. Oke ... 33 Maritime Warfare. Deane 42 Hamel 40 Masters and Servants. Davis 14 Masters and Workmen. Lovesy 11 Militia Laws. Dwyer 44 Mines and Minerals. Bainbridge 11 Mortgages. Fisher 22 Rouse 25 Pamphlets 45 Parliamentary. May .. ' 24 Warren 43 Partnership. Dixon 9 Tudor's Pothier ... 43 Patents. Grove 47 Norman 43 Peerage Claims. Finlason 11 Petty Sessions. Oke 32 Pleading, Common Laiv. Chitty 20 Greening 42 Williams 35 Equity. Drewry ... 35 Lewis 12 Poor Law, Orders. Glen ... 37 Precedents, Convei/ancing. Craiib 21 Rouse 25 Pleading. Chitty, jun. ... 20 Priority. Fisher ... 22 Private Bills. May .. 24 Prize Law. Lushington 31 Probate, Practice. Coote ... 6 Forms. Chadwick 22 Duties. Shelford ... 28 Reports. Swabey& Tristram 46 Page 39 Public Health Glen ... Railways. Shelford 47 Compensation, Ingram 31 Real Property. Tudor 18 Chart. Fearne ... 44 Registration. Davis 16 Warren 43 Religious, Confessions. Badeley 45 Doctrine. Burder v. Heath . 44 Discipline. Long t). Cape Town 45 Supremacy of Crown 44 Ritual. Bayford 45 Hamel 44 Roman Law. Gains 19 Tonikins 35 Settlements, Post-Nup- tial. Cutler Sewers. Woulrych Sherife. Sewell Sheriff's Com-t. Davis Slander. Starkie Specific Perfoiinance Fry Stock Exchange. Keyser Succession Duty. Shelford Suit in Equity. Hunter 23 Summary Convictions. Oke 32 Treaties. Hertslet 43 Trusts, Charitable. Tudor 30 Turn])ike Laws. Oke 34 Wills. Crabb 21 Tudor 18 Wigram 38 Winding-up. Shelford 47 Window Lights. Latham 21 41 27 44 16 30 38 40 28 LAW WOllKS PUBLISHED BY LA.TV^ TVOI^KS rilBLISIIED BY MESSES. BUTTEinVOETII. STEPHEN'S COMMENTARIES. -Sixtb Edition. MR. SEHJEANT STEPHENS NEW COMMEN- TARIES ON THK LAWS OF ENGLAND, partly founded on Blackstone. Tlic Sixtli Rditioii, by .James Stephkn, LL.D., of tlie Middle Temple, B;iriister-at-Law, Registrar in Bankruptcy, late Uecoider of Poole, and formerly Professor of English Law at King's College, London. 4 vols. Svo. 41. 4s. cloth. Fro}ii the Law Magmine. " It would be impossible, without entering luiiuitely into details, to notice at any lenf,'th tliis most valuable work. It is one which cannot be too liighly recommended, not only to the profession but to tlie peneral public. It is a great mistake t" art upon the notion tliat the stuki!l witli which the new matter is incorporated with the old IS particularly remarkable, and in sjiite of the incongruity of the materials, and the threefold authorship of Black- stone, Serjeant Stephen and the i)reseiit editor, the result is perfectly homo- genous and satisfactory Indeed the ' iio'ing up' appears to liave been done throtighout with much ingenuity and industry, and the alterations, great and small, to have been made with excellent judgment. We have no doubt that the work will in its most recent shape retain all its original popularity. Of the 'old wine' of Blackstone there is of course less and less in each successive edition. But in this instance the old wine seems none the worse tor having been put into new bottles. We very sincerely recom- mend this standard text book to all members of the profession. To the student it is simply invaluable, but it is also a useful companion to the most ex- perienced lawyer." From l/ie Lair Examination Reporter. " Mr. Serjeant Stephen presents to the student an uiihioken text of r.ri.^tiii'i lair, retaining only so much of Blackstone as was yet good law. llowcareful Mr.Janies Stephen the present able editor, is to continue this may by reference be ascer- tained. Mr. Serjeant Stephen, by his great ;.bility, by his unwearied industry, his simplicity and clearness of diction lias made himself the lirst tutor to English law students. With a know- ledge of the existence of these Com- mentaries, the student need not ask, with what work am I to commence my legal studies.' Ileie be will lind every branch of English law ably treated on. Not only is the work an essential to the beginner, but it will be found of the greatest use at all times, a* well after as before call or admission, Any praise on our part of such a work is wholly un- necessary; as we have before rcmaiked, we feel assured we need do noihing more than announce a new edition, to cause an eager demand amongst all law stu- dents, and indeed amongst every one wishing to gain an insight into the laws of his country." Stephen's Commentaries— ci Fro7n the Law Journal. "To redeem Blackstone from oblivion, it became necessary that his work should be edited by a lawyer as able and a scholar as graceful as Blackstone him- self. Mr. Sergeant Steplien, more than twenty years ago, conceived the hapjiy tliought of introducing the necessary alterations into the text itself; and, as he says in his pretace, ' interweave his own composition with it as freely as the pur- pose of general improvement it might seem to lequire.' The first edition was favorably received, acknowledged at once as an able reproduction of an in- valuable treatise on English law, and has since passed rapidly through suc- cessive editions till it has become the acknowledged students' text book, and is accepted by the critics as a standard work. Mr. James Stephen, a no less distinguished and painstaking legal writer than his father, has with equal skill and research superintended the later editions, made the amendments rendered irecessary by alterations in the law, and incorporated and commented upon recent statutes, judgments and de- cisions with as good an arrangement, as bold a grasp, and with as nruch felicity of style, adapted to and reading smoothly with that portion of Blackstone's text which still remains, as his predecessors in tlie same path; and the four volumes now published may be safely regarded as a full exposition and a sound authority on English law to the present time." From the Law Times. "A glance at these volumes tells us that the changes have beerr very great indeed, almost every page being studded with brackets that mark the division between theancient and tire modern commentator. The popular notion of the study of law is that it is dry. No person who reads these coiniuentaries will call it so. It is a fascinating book ; after six editions it is impossible to say anything new of a stari- dard work like this. The title-page tells its own tale of the confidence of the pro- fession given after many trials of con- tinual improvement by experience and of periodical adaptation to changes as they are made by the legislature and the courts. We can but repeat, that Stephen's Blackstoneisindispensalile not tothe law student alone, but to all who take part in public afiairs, and especially to magis- trates, who ought to be examined in it before they are permitted to sit upon the bench. Nay, it may be affirmed, that no gentleman can be considered projierly educated unless he has acquired so much knowledge of the law of England as is contained in Blackstone noted up by Stephen." From the Irish Law Times. " A very valuable feature is therefer- ence made to the cases on each point. This constitutes the work a law library on a small scale. It is a book which is indispensable to every student of the law, whilst practitioners will find it to their advantage to consult it frequently, since they will find therein the law laid down scientifically, concisely, and, above all, accurately." From the Mailras JuriM. " The task of the editor has not been a slight one. Five years have elapsed since the previous edition, and five years means very considerable altera- tions in the English law. These altera- tions have been faithfully worked into the text of the new edition, so that it continues to be a complete manual of the law as it is administered irr England. As such it ougbt to bs upon the shelves of all Indian judges and Iirdian lawyers, not only as a text book for the essential study of jurisprudence, but as a booK of reference ; for by a t; lance at the l^w upon the same subject in England the construing of many Indian enactments may be very much simplified." STEPHEN'S QUESTIONS ON THE COMMENTARIES. QUESTIONS for LAW STUDEN IS on tlie SIXTH EDITION of Mr. SERJEANT STEPHEN'S NEW COMMEN- T.\RIESontlie LAWS of ENGLAND. By James Stephen, LL.D., of tlie Middle Temple, Barrister at Law. 8vo. 10.s. Gd. cloth. "Nothing can be more useful than principally for the use of students and a series of questions on a book like touching as it does on every branch of Stephen's Blackstone, intended as it is the law." — Law Maijazine. G LAW WORKS PUBLISHED BY COOTE'S & TRISTRAM'S PROBATE PRACTICE.— Sth Edit. THE PRACTICE of the COURT of PROliATE in Common Form IJiisiiiess. By Henry Charles Coote, F.S A., Proctor in Doctors' Commons, &c., &c. Also a Treatise on llie Practice of tlie Conrt in Contentious Business, by Thomas H. Tristram, DC L., Advocate in Doctors' Commons, and of the Inner Temi)le. Fifih Edition, with great Additions, and including all the Statutes, Rules, Orders, &c., to the present time ; together with a Collection of ()ri"inal Forms and Bills of Costs. 8vo. 21.v. cloth. "A fifth edition in so short a time is a success that few law hooks can hoast, and it is well deserved. Mr. Coote as a proctor possesses that intimate acquaint- ance with the niinutijE of practice which cxi>erience only can supply, and Dr. Tristram's education as an advocate enables him to treat of the jurisdiction of the Prohate Court, the law which it administers, and the principles esta- blished for the administration of that law, w^ith a mastery of his subject that has made this production of the united labours of two such competent men the accepted text book of the Probate Court." — Law Times on Ihe 5th Edition. "The profession w.U be glad towel- come the publication of this most valu- able work. When the monopoly which the proctors and advocates enjoyed in Doctors Commons was abolished, and the practice in probates and letters of administration was thrown open to the general profession, the uninitiated de- rived greater benefit and instruction from this book than from any other which was published for their guidance. It has become an acknowledged neces- sity in the library of every practitioner. A more useful book than this we do not know, and we need not say more than that in this edition the authors have done all in their power to increase its utility and secure its completeness." — Law Magazine and Review. " We must not omit to praise the complete cliaracter of the Appendix, which, occupying more than half the whole work, presents us with the sta- tutes, the orders in council, rules and fees, tables of co.sts and forms, and leaves nothing to be desired by the proctor or solicitor either in the routine of common form or in the stages of suits." — Law Journal on tlieStli Edition. COOTE'S ADMIRALTY PRACTICE. Second Edition. The PRACTICE of the HIGH COURT of AIBH- RAL'fV of KN(iLAND : also the Practice of the Judicial Committee of Her Majesty's Most Hon. Frivy Coimcil in .Xdmiraity Appeals, with Forms and Bills of Costs. By Henry Charles Coote, F.S.A., one of the I'lxaminers of the High Court of Admiralty, Author of "The Practice of the Court of Probate," &c. Second Edition, almost entirely re-written ; and with a SUP1'LEMI>NT containitig the Count i/ Court Pructice in Adiniiuttj/, 18G8, tiie Act, Rules, Orders, &c. 8vo. I6s. cloth. •»• T/iis work contain.* everii Comiiwn Form in ii.v by the Practitioner in Admiraltii, a. I-r.ict'ce of the Admiriilly ( oun written by the ■ nihor tome ten years ano. It is however a firH.1t itnprnvenient on iis predecessor, l,eiiiK niiirli fuller and more s^-stemalically arranKcd. and containing (rrenter fncilities f r reference. Ihe first part of the book is a treatise on the practic e ol the court, which appears to us to be verj- cBrefu ly ilone.atid to gnlhorouKhly into the suliject. Ihe second pnrt is n similar trenilse on the practice of the Judinnl Cnmmiliee of the Privy Council in Admiralty matters written on the some system as the former Cart I h" appenilix contains a larxe nuin- er of common forms and precedents of pleadings used in ihe t'ourt of Admiralty, MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 7 Coote's Admiralty Practice — continued. togelher with bills of costs. Altogether -Mr. Coote has done his work very care- fully and completely, and we think his labours will be duly appreciated by Admiralty practitioners." — Solicitors' Journal. " The first edition of this excellert work was produced I'or the jiurpose of illustrat- i'.g the practice of the High Court of A'lmira'ty. just then subordinated to the 'Rules of 1859.' drawn up by the late dis- tinguish>"iJ judge. .Since then several im- portant changes have been carried out, br)ih m the matter of an extended juris- diction au'l of practice. These changes it has been Mr. Coote's olj^ct to mcirjio- rte in the present edition of his work. In add.tion he has increased the utility of his book by a chapter on the pract'ce of the Judicial Committee of the Privy Council in Admiralty Appeals, and by a copinus set of Aduiiraliy precedents, in which it is the author's hope ana belief that no necessary common form has been omitted, 'fhe iiresent edition appears very sea>onably, and will, we doubt not, prove verv acceptable to that portion of the legal profe'^sion prac'ising in the Court of ad- miralty."- ■SY/ipp/no' ilj: lijircanlile Gazelle. " Mr. Coote has the great advantage of experience: he has long been a practi- tioner in the Court as a i^roctor ; he is consequently familiar with those m nutiae of practice which mark the distinction be- tween the student and the practical man." " Mr Co"te is a successful writer upon the practice of the probate and the Ad- niiraliy Courts His book on 'he former has reached a filth edition, and the volume before us is asecond edition."— Lau) 'limes. COOMBS' SOLICITORS' BOOKKEEPING. A MANUAL of SOLICITORS' BOOKKREPING : comprising practical exemplifications of a concise and sim])]e plan of Double F.ntr}', with Forms of Account and other books relating to Bills of Costs, Cash, &'c., showing their operation, giving directions for keeping, posting and balancing them, and instructions for drawing costs. Adapted for a large or small, sole or partnership business. By W. Bayley Coombs, Law Accountant and Costs Draftsman. 1 vol., 8vo. 10s 6d. cloth, *»* Tlie various Arcount Bonks described in the above work, the Forms of tvhiek are Copi/tight, may be had from the Publishers, at the prices stated in the work at page 27i. " The author of the above, relying on the well-known fact that solicitors do not like intricate bookkeeping, has pre- sented to tliat branch of the profession a \vork in whith the really superfluous has been omitted, and that only which is necessary and useful in the ordinary routine in an attorney's office has been retained. He has performed his task in a masterly manner, and in doing so has given the why and the wherefore of the whole system of Solicitors' Bookkeeping. The volume is the most comprehensive we remember to have seen on the sub- ject, and from the clear and intelligible manner in which the whole has been worked out it will render it unexcep- tionable in the hands of the student and the practitioner." — Law Magazine. " Throughout the pi-o formO. account books most of the difTerent matters of business which usually arise in a solici- tor's office have been passed from their commencement to their ultimate con- clusion. The bill book contains pre- cedents of bills of costs illustrating the correspondence between that and the disbursement book, and so with the cash .book, ledger, and other books ; every item has its reference and any intricate points have been explained, which are merits which no other work on the subject possesses; indeed so clear do the in- structions appear that a tyro of average skill and abilities with application could under ordinaty circumstances open and keep the accounts of a business; and so far as we can judge the author has suc- ceeded in his endeavcur to divest solici- tors' bookkeeping of complexity, and to be concise and simple without being inefficient. We cannot dismiss this volume without briefly commenting upon the excellent style in which it is submitted to the iirofession."— ifnc Journal. " .VI r. Coombs' Manual of Solicitors' Bookkeeping in our opinion takes the safe middle course between too great intricacy of manageineiit on one side and want of detail and explanation on the other. His system can be equally followed in a small office where a regular a'-countant is not employed and in an oflice where the stalf is large. Solicitors who manage property v/ill finth e speci- mens of rental accounts giver in the appendix very useful." — Irish Law Times. 8 LAW WORKS PUBLISHED BY ROUSE'S COPYHOLD ENFRANCHISEMENT MANUAL.— TUird Edition. The COPYHOLD ENFUANCmSEMENT MANUAL; enlarged, and treating the subject in the Legal, Practical and Mathe- matical I'oints of View; giving numerous Forms, Rules, Tables and Instructions fur Calculating the Values of the Lord's Rights; Sugges- tions to Lords' Stewards, and Copyholders, protective of their several Litorests, and to Valuers in performance of their Duties; and inclu- ding the Act of 1858, and Proceedings in Enfranchisement under it. By RoLLA Rouse, Esq., of the Middle Temple, Barrister at Law. Third Edition, much enlarged. 12mo. 10s. 6d. cloth. " This new edition follows the plan of its predecessor, adoptinp! a fivefold divi- sion:—!. The Law. 2. The Practice, with Practical SuR^'estions to Lords, Stewards and Copyholders. 3. The Ma- thematical consideration of the Subject in all its Details, with Rules, Tallies and Examples. 4. Forms. 5. The Statutes, with Notes. Ol these, we can only re- peat what we have said before, that they exhaust the subject ; they nive to the practitioner all the materials required by him to conduct the enfranchisement of a copyhold, whether voluntary or com- pulsory."- in !i' Times. " When we consider what favor Mr. Rouse's Practical Man and Practical Conveyancer have found with the pro- fession, we feel sure the lejjal world will greet with pleasure a new and improved edition of his copyhold manual. The third edition of that work is before us. It is a work of ureal practical value, suitable to lawyers and laymen. We can freely and heartily recommend this volume to the practitioner, the steward and the copyholder " — Laiv Magazine. " Now, however, thatcopyhold tenures are being frequently converted into free- holds, Mr. House's treatise will doubtless be productive of very extensive benefit ; for it seems to us to have been very care- fully prepatcd, exceedingly well com- posed and written, and to indicate much experience in copyhold law on the part of the author." — Suticitora' Journal. BENHAM'S STUDENT'S EXAMINATION GUIDE. The STUDENT'S GUIDl' to tlit^ PKELIMINAIJY EXAMIN.\TION for ATTORNEYS and SOLICITORS, and the O.xford and Cambridge Local Examinations and the College of Prc- ccptor.s, to which are added numerous Suggestions and Examination Questions selected from those asked at the Law Institution. By J.\ME3 EuLE Benham, of King's College, London. 12mo. 3s. cloth. " The book is artistically arranged. It will become a useful auide and instructor, nut only lo Liiw Students, but to every Student wh i is prepHrini; for a preliminary examinaCion." — Laa Journal " Mr. lU'nhaiii has [•roduced a very useful m.iiiual tor the aid of inteiidiiiq candidates at the solicitors' prelimiuiii y examinations, and the Oxford and Cam- (•ridge local examinations. lie pivts many sui:gP8tions on all the suhjei ts of examination and full iiiformrttion lUiTfon." — L.aw EjaminatioH Kcportcr^ "The hook iswiiltou in a clear and acreeahle style, and, in spite of a few blrmishes, wdl no doubt be .-oiind use(ul by the dajs of readers for whom it is intended." — Laa Wagmine nnd Reviea. " This book is intended for the use of those who are about to undergo the pre- liminary examinations for attorneys and solicitors and for the Oxford and Cam- bridge local examinations. The student may learn from Mr. Henliam what he has lo do ai.een the changes the law has since witnessed. .So numerousare they, that the editor has found it the most corivi-nie'it course to ignore, as it were, the second edition, to take the text of the ori- ginal work as it cauie fresh from Mr Lush's liHii.and to mould that to the pre'-ent prac- tice. Ileis thus enabled to assure the reader that for every alteration in, or addition to, the_text,he alone is responsible. I he index is very copious and roniplnie Under. Mr. Dixon's care, I.usii's I'raclice will not merely maintain, itwi.l largely extend, us reputation." — law 'J'imei. This is an excellent edition of an ex- cellent work. We think that .Mr I'ixnn has been wise in bcsing his work on the origin.il edition of the Prarlire. and not upon the second ediiion published in the year nt.'W). As Mr. I.iisfi's heavy profes- sional engagements made it impossible for him to remodel his t)ook himself, the best course was, that it should be reediied at first hand, and not indirectly. Lite- rary patchwork is always objeclionalde. 'J'n edit an author is a task requiring fCreat skill ; but to edit an author's lililor IS still more dithcult. We congratulate .Mr. Dixon on the judgment he has dis- idayed in selecting the former alterna- tive. He has effected a most succes^ful ' restoration.' As far as the great changes in the law permit, he has re-iiroducid the original work. Hehas adopted .Mr. Lush's arrangement, and only made those alter- ations and additions which recent legisli- ture has rendered indispensable. The whole work, which contains a Itogn her LlliS pages, concludes with a copious index en- tirely re-written and very considerably enlarged. Altogether, both in what he h.-'s omitted and wh;it he his added. Mr. Dixon has been guided l)y sound discre- tion. We trust that the great and con- scientious labours he has undergone will be rewarded. He ha.s striven to make his work ' thorough," and because he has done so, we t.ike jdeasure in heartily re- commending it to every member of both branches of the profession."— i«)/;Vii)ly to the drafting and reading of bills will apjjly to the conipobiliou of the County Court docu- ment that will lie subsiituled fo: the bill. Mr. lewis's work is therefore likely to have a niucli wider circle of reader.i thn ill' could have anticipated when he com- menced it, for almost every page will be applicable to County Court Practice, should the bill, in any shape or under any title be retained in the new jurisdic.ion,— without it we fear that equity in the County LEWIS'S INTRODUCTION TO CONVEYANCING. PRIN('llM.i:s„f CONVKYANCINC i:Xl'I-.\ 1 M:1) and ILLUNTR.VrKl) by CON'CISE PlllXEDENTS. Withaii .\ppeiidi.\ on the Ellect of the Transfer of Land Act in Modifying and Shortening Conveyances. By Huhkut Lewis, B. A., late Scholar of Eninian. Coll. Cambridge, of the Middle Temple, Barrister-at-Law. 8vo. ISs. cloth. " Mr. Lewis is entitled to the ciedit knowledge of the various subjects irciitej of, and is clearly and intilli'^ibly written. Students will now not only be able to become piofu lent (iraflsnun, but, by care- fully stuilyins; Mr. Lewis's disseitations, may obtain an insight into the hitherto nealected iTinciplcs of Conveyancing." .—Lc°al Eiaminer. " On the whole, we con^idrr that the work is deserving of iiii-h praise, both for design and executi m. It is wholly free from the vice of bookmakinq, and indicates considerable refliclion and learning. Mr. Lewis has ut all events succeeded in producing a work to meet an acknowledged watit,»nd we have no doubt he will find many eratefiil readers amongst more advanced, not less than among younger students." — Hvlicitort' Journal and Reporter, " Mr. Lewis has contributed a valuable aid to the law student lie has condensed the Practice of Convey am ing into a shape that will facilitate its retention on the memory, and his Prtigation of Titles — Purchases — Leases — Mortgages- Settlements — Wills — Course of reading for the second year — Introduction to the Statute-law — General analysis of the Statutes at lar;;e, preliminary to their study. Chap. III. — The Third Year. — Office work — Suggestions for acquiring a knowledge of the Details of Common law practice — The Courts — Nisi Prius business — The Brief and its preparation — Marshalling the Evidence — General rules of Evidence — A short practical view of the ordinary steps in an Action, with examples — Course of reading for the third year : the Intermediate Exami- nation — Points to be attended to in reading for it — Method of answering the Examiners' questions — The Statute law (ojittiiuied). Chap. IV. — ^The Fourth Year. — The County Courts — Method of acquiring a knowledge of Practice — Hints on Advocacy — Course of reading for the fourth year. Chap. V. — The Last Year. — Assignment of Articles — The town agent's office — London pro- fessional life — Attendance at Chambers — Rules of Pleading — General view of points to be attended to during the last year under Articles — Course of reading for the fifth year: Ri'xHmt of old books — Analysis of Case law. Chap. VI. — The final Examination — Practical suggestions on reading for the Examination — Notes and Commonplace-book — The Examiners' s andard — "Coaches," their advantages and disadvantages — Reading for honours — Routine of the Exami- nation — Admission — Conclusion. Appendix. — (A ) Practical directions for Examiaalion and Admission. — (B.) List of standard books on special subjects. "Many a student has found on being will be useful."— iaa; Examination Ee- turned loose in the chambers or office of porter. his master that his first few weeks or " This useful little book is intended for months are almost thrown away for want the use of articled clerks during the period of preparation. He knows nothing of law: of their articles. I he style of this book is everything around him is stranpe, and peculiar : it is an exaggeration of the style until he has acquired a little acquaintance adopted by Mr. I'a\nes in his admirable with legal rudiments, the practice by 'Outlines of Equity.' The author seems which he is surrounded, instead of in- to think the adoption of such a style the structing him, simiily conveys no idea only way to make ilie study of the law whatever to his mind. Mr. Mosely'slittle popular, and we are not prepared to say book might be placed with advantage in ne iswrong."— -Law iVagaztiie and Bevie7D. the hand* of students about to enter a soli- " J here are few who read this book with ciior's office. It will tell them manv care who will not readily admit that on things, simple enough, no doubt, but still many intricate points of law their no- things of which in most cases they will be tions have become much clearer than ignorant, and for want of knowing which before their acquaintance with it Hoth they might otherwise lose much time; parts are well worked out, and will be and will afford them useful directions found u5eful ; but in the second division of as to a course of reading." — Solicitors' each chapter thelaw student will find most Journal. valuble infornistion, as there Mr. Mosely " Mr. Mosely has not quite followed in not only marks out the course of reading the track of those who have preceded him. which he recommends for each year, but To some extent his plan is new, and the also carefully analyses the contents of each novelty consists in this, that he sketches book, and points out those chapters and out a course of work and study for each subjects which it will be most advantageous year's pupilage. I his plan is no doubt for the student to master at the first read- the one Mr. Mosely sketched out for him- ing, and those whiih he ought todefer till self when a clerk, and followed up with a second perusal and a wider experience so much success. 1 o those who really have made him more comjietent to unt'er- will work from the commencement of stand them. The style is remarkably good, their pupilage and carry on their labours and.ronsideringthesubjeci. free from tech- steadily and systematically to the end it nical expressions."— iriiA Law Times. GRANT'S liAW OF BANKING.— Second Edition by Fisher. GRANTS LAW of HANKERS and BANKING and BANKS of ISSUE, Limited and Cliaitered, and \Vindine without it." — Money Market Rvew. DAVIS'S LAW^ OF MASTER AND SERVANT. THH .MASTKR AND SL an L»troducti(jii, Notes and Forms, By Jamls Euwaru Davis, Esq. Magistrate for Stoke-u])oii-Trent. " We are Klail to sec that the question has been tre.ileil so a ly and carelully as it IS 111 tile present volume. .Mr. Uavis is well fiiii'il to point out the scope and geiiernl inientions of the statute, while his exiierii'iice as stipendiary niaKislrate of Stoke-upon-l rent render his suKtiestions as to the practice and procedure to be employed in working oui it.s provisions peculiarly valuable." — Holiiilors' Journal. " Ihu task that Mr. Davis nndcnook in editing this new Master and Servant Act has been well performed, and indeed in a manner that proli.ihly no one. who did not enjoy tne excLptioiiiil advantages lor the piiri)Obe that .Mr. Davis docs, ier .fniirna/. " 1 he edition oflhe act which .Mr. Dnvjs, the .Ntipendiary magistrate at ">toke-upon- Tr lit. has just piildisheil, will prove of v-reai use n% n ible within the narrow limits of a review to do justice to this admirable work. ftlr. Davis is known to the prolession as a singularly learned, able and clear writer; and although the present volume makes no claim to the same hterary rai.k as the well-known County Courts Manual, it will certiinly add to the author's reputat on. ilie Act of 1867 has been the parent of several works ; but, in our judgment, the one of Mr. i^avis, for general purposes, certainly bears tlie palm. v\ e agree with Mr. D»vis that a thorough knowledge of the jurisdiction of the County Courts is ' absolutely essent al for all lawyers ;' and to all lawyers we heartily commend this last work of an able and erudite writer."— iaw Magatine and Review, *»* This edition may be used either as an Appendix to the Third Edition of Davis's Practice and Evidence in the County Courts, or as an independent Work. DAVIS'S COUNTY COURTS EQUITABLE JURISDICTION. THE ACT to CONFER on the COUNTY COURTS a LIMITED JURISDICTION in EQUITY, 28 & 29 Vict. cap. 99, with the New Rules, and the Forms and Costs of Proceedings ; also Introduftory Chapters, copious Notes and a fuli Index. By James Edwark Davis, Esq., of the Middle Temple, Barrister at Law. Royal 12mo 5.5. cloth. 16 LAW WORKS PUBLISHED BY DAVIS'S Irecisi<>n and clearness." — Soliciiors' Jimrnal. " A work of very consiileraWe merit and great practical utility, and we have In this work what the lawyer and the nractitiouer reiiuire." — l.aa Alagaiine and Ixeiie-j:. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 19 GAIUS' ROMAN IiAW.— By Tomkins and Lemon. THE COMMENTARIES of GAUIS on the ROMAN LAW : witli an English Translation and Annotations. By Fredkrick Tomkins, Esq., M.A., D.C.L., and William George Lemon, Esq., LL.B., Bnrristers-at-Law, of Lincoln's Lin. Part L 8vo (to be com- pleted in Two Parts), 25s. *«* Part IL, when ready, will be delivered gratis to purchasers of Part J. We feel bound to speak in Ihe highest terms of the manner in which Mr. Tomkins and Mr. Lemon have executed their task. We nnhe-itatingly recomnienil its careful perusal to all students of Roman Law." — Law HJag/izine. " Ihe authors have done a good service to the study of Roman Law, and deserve the thanks of those who take an interest in legal literature." — .'ioticit'Ts' Juuntal. " Ihe translat'oii is carefully executed and the annotations show extensive know- ledge of the [ioman Law." — Ai/ienaum. " One of the most valuable contributions from an English source to our I'pal literature which the last half-century has witnessed." — Edinburgh Evening Courant. GOLDSMITH'S EQUITY.— Fifth Edition. THE DOCTRINE and PRACTICE of EQUITY: or, a Concise Outline of Proceedings in the High Court of Chancery. Designed principally for the Use of Students. By George Gold- smith, Esq., M.A., Barrister-at-Law. Fifth Edition, including all the alterations made in pursuance of the late Acts, and the Orders thereon to the present time. Post 8vo. 16s. cloth. " This book has been written expressly an extremely comprehensive sketch of the for the use of students. J'he excellences of each (Smith and Hunter) appear to be successfully combineil in Mr. Goldsmith's treatise, though professedly an elemen- tary work, its merits are greater than its preten'.ions Profess'ng to accomplish a limited task, that ta^k has been well done. We cordially recommend Mr. Cioldsmith's treatise to those for whom it was designeil." — Law Magazine and Review. " A volume designed for the law student. Five editions attest the approval of those who have exjierienced the benefit of its instructioi.s. It has grown in bulk with each successive appearance, as Mr. Goldsmith discovered what were the wants of his readers; and a continued succession of new topics has been added. It is now history, jurisdiction and practice of our Courts of hquity — a sun mary of what could be obtained only by hard reading of Keeve and Spence and Ayckbourn and Irewry. It commences with an historical outline ; then it states the principles of equity juris- prudence ; then it shows their application to the various subject-matters that fall within its jurisdictions ; and, finally, it pre- sents a cleiir and very instructive sketch of the procedure by which those jurisdictions are enforced." — La!v Times. " It contains a great deal of miscellaneous information, and if a student were confined to the selection of one book on equity, both foritsdoctrine and practice, hecould hardly do better than choose the one before us." — Solicitors'' Journal, KERR'S ACTION AT LAW.— Third Edition. An AC'i'ION at LAW: beincr an outline of the JURIS- DICTION of the SUPERIOR COURTS of COMMON LAW, with an Elementary View of the Proceedings in Actions therein. By Robert Malcolm Kerr, LL.D., Barrister at Law; now Judge of the Sheriff's Court of the City of London. The Third Edition. 12mo. 13s. cloth. " There is considerable merit in both works (John William smith's and Malcolm Kerr's); but the second (Kerr by Hassett Smith) has rather the advantage, in being more recent, and published since the Com- mon Law Procedure Act, 18(i0 '^Jurist. " Mr. Kerr's hook is more full and de- tailed than thai of Mr. John William Smith, and is therefore better adapted for those who desire to obtain not merely a general notion but also a practical acquaintance with Common Law Procedure.'' — •Sb/«- citors' Journal, "This is just the book to put into a Stu- dent's hand when he enters the legal pro- fession. We have had occasion more than once to recommend it to the notice of our junior brethren." — Leguleian. " Mr. hassett Smith has proved himself very competent for the office. As a third edition the volume needs no description and permits no criticism. Enough to say that its present appearance will amply sus- tain the reputation it had already ac- quired." — [mm Times, 20 LAW WORKS PUBLISHED BY TROWER'S CHURCH BUILDING IiAVTS. THE LAW of the BUILDING of CHURCHES, PARSONAGES, and SCHOOLS, and of the Division of Parislies and Places. By Charles Pkancis Trowek, M.A., of the Inner Temple, Esq., Barrister at Law, late Fellow of Exeter College, O.xford, and late Secretary of Presentations to Lord Chancellor Weslbury. Post 8vo. 8s. cloth. and intelligibly how the difficulties which usually lieset parties in such matters may be avoided." — Ojford l/nivertity tleralJ. " The learned author of this lucid vn. lurae has done his best to suuiniarise the several Acts of Parliament that bear upon Ecclesiastical Structures and to explain their meaning. On all the mpics germane to its title this volume will be fouud a handy-book of ecclesiastical law, and should on that account be made widely known among the clergy. The urodurtion is worthy of its author, and will we hope shortly eMalilish itself in the good esteem of the clerical and general public."— C/mrrA AJaii. " yir. Trower aitns very successfully at giving a cumplete account of the present state of the law, and rendering it as nearly as possible intelligible, and we bo|>e that it may prove useful to all church building clergy and laity. It is a compact and handy tre.itise, very clearly writien, well arranged, easy of reference, and besides a pood table of contents it has an elaliorate index. It is a book we are glad to have and to recommeDd." — Littiarg Churchman, " A good book on this subject is calcu- lated to be of considerable service both to lawyers, clerics and laymen ; and on the whole, after taking a survey of the work before us. we may pronounce it a iiset'ul work. It contains a great mass of infor- niati'in of essential import to those who as parishioners, legal advisers or clergy- men are concerned with glebes, endow- ments, district chapelries, parishes, eccle- siastical commissions and such like matters, about which the public and notably the clerical public seem to know but little, but which it is needless to say are matters of much importance." — Holiciiors' Journal. " The questions discussed make the work a most valuable legal guide to the clergy. Mr. Trower proposes by this volume to assist the clergy and the lawyers in their dealing with these subjects. His book is just the one we could wish eveiy clergy- man to possess, for if it was in the hands of our readers they would be saved the trouble of asking us very many questions." ^Clerical Journal. " Mr. Trower brings his professional re- search to the rescue. In a well arranged Volume this geiitleman points out concisely CHITTY, Jun., PRECEDENTS IN PI.EADING.-3rd Edition. CIIITTY, JuN., PULCKDLNTS in PLE.VDING ; with copious Notes on Practice, Pleading and Evidence, by the late JosEiMi CiiiTTY, Jnn., Esq. Third Edition. By tlie late Tomi-son Ciirr TY, Es(| , and by LeofricTemple, R. G. Willi ams, and Charles Jekfery, Es(]rs., Barristers at Law. Complete in one vol. royal Svo. 38s. cloth. (Part II. may be had separately, ISv. cloth, to complete sets.) "To enter into detailed criticism and praise of this standard work would be quite out of place. In the present instance the matter has fallen into c be quoted, nor indeed could its merits be exhibited by ijuotation. It is essentially a book of p-actice, which can only be described in rude outline and dismissed with applause, and areconimend- atiou of it to the notice of those for whose service it has I een so laboriously com- piled." — Law Times. " Mr. Shelford has proved himself in this task to be not unworthy of his former reputation. Jo those finiiliar with his other works it will be a sufficient recom- mendation of this work that Mr. Shelfird's name ajipears on the title-page; if there be any who are not well acquainted with them, we venture to recommend to such the work before us. as the most generally useful and convenient collection of prece- dents in conveyancing, and of commercial f>rms for ordinary use, which are to be had in the fnglish language." — Solicitors' Journal and Reporter. " 1 hose who have been in the habit of using Crabb's work will allow that his ' Prefaces' contain practical observations of considerable utility to the professional man. the flow of time carrying with it many changes. and somereforms in the law relative to conveyancing, have imposed the obligation ui'on Mr. Shelford of care fully revising all, and in many instances has rendered it expedient forhim to re- write no' a smill portion of some of these Pre- faces. Mr. bhelford has also had to exer- cise, and we doubt not with correct judg- ment has exercised, his discretion as to where he should reject Forms whit h he deemed it advisable to omit, and wtiere he should revise them or introduce new ones, to meet the modern exigencies and charac- teristics of conveyancing. lo this Im- portant part of his duty— the remodelling and perfecting of ihe Forms — even witli the examination which we have alreadj' been able to afford this work, we are able to affirm, that the learned editor has been eminently successful and effected valuable improvements." — Lav) Magazine and He- view. " It possesses one distinctive feature in devoting more attention than usual in such works to forms of a commercial nature. We are satisfied from an examinatiou of the present with the immediately preced- ing edicion that Mr. .Shelford has very con- siderably improved the character of the work, both in the prefaces and in the forms. 1 he two volumes contain several hundred papes of additional matter, and both the latest cases and decisions appear to be noticed in the prefaces, indeed it is evi- dent that Mr. Shelford has modernized the whole work, and thus given it an additional value. On the whole the two volumes of Crabb's Precedents, as edited by Mr. Leonard Shelford, will be found extremely useful in a solicitor's office, presenting a large amount of real property learning, with very numerous precedents: indeed we know of no book so justly entitled to the appellation of ' handy' as the fifth edition of Mr. Lrabb's Precedents," — Laa Chronicle. LATHAM ON THE LAW OF W^INDOTV LIGHTS. A TREATISE on the LAW of WINDOW LIGHTS. By Francis Law Latham, of the Inner Temple, Esq., Barrister at Law. Post 8vo. 10s. cloth. " This is not merely a valuable addition to the Uw library of the practitioner, it is a book that every law student will read with profit. It exhausts the subject of which it Irtats." — Law Times. " His arrangement is losical and he discusses fully each point of his subject. The work in cur opinion is both per- spicuous and able, and we cannot but compliment the author ou it." — Lau> Journal. " A treatise on this subject was wanted, and Mr. Latham lias succeeded in meeting that want." — Athencum. 22 LAW WOllKS PUBLISHKD BY CHAUVV^ICK'S PROBATE COURT MANUAL. EXAMI'LKSof ADMINISI'KATION IJONDS for the COURT of IMIOBATE; cxliibitin^i; the principle of various (Jrants of Atlininistratioii, ami tlie correct mode of prepariiif^ the Bonds in respect thereof; also Directions for preparing the Oaths; arranged for ])ractical utility. With Extracts from Statutes ; also various Forms of Aliirmation prescrihed hy Acts of Parliament, and a Supplemental Notice, bringing the Work down to 1SG5. liy Samull Chauwick, of Her Majesty's Court of Probate. Royal 8vo. 12s. cloth. " We undertake to say that the possessimi of this viilume by practitioners will prevent manv a hitch and awkward delay, provok- im; to the lawyer himself and ditncult to be satisfactorily explaineil to the clients." — Lati! Magazine and Revieui. •• 1 he work is principally designed to save llie prolession the necessity of olitain- iiig at the registries icifDrmation as to the preiiarinKor tilling up of bunds, and to pre- vent grants of administration and adminis- traiioDwiih the will aouexed beioi; delayed on aicount of the defective fiUinp np of such instruments." — S)licili'n' Journal. •• .Mr. Chadwick's volume will I. e a neces- sary part of the law library of the practi- tioner, for he has collected precedents that are in constant reiiuirement. this is purely a book of practice, but therefore the more valuable. It tells the reader what lo do, and that is the information most required afier a lawyer besius lo practise. ■—i"«' Ttmti. FISHER'S GENERAL LAW OF MORTGAGE. -Second Edit. The LAW OF AJORTCJ AGi:, and other Securities upon Property. By W' illiam Richard Tisiiek, of Lincoln's Inn, Esq., Barrister at Law. Two vols. Royal 8vo. 55s. cloth. " For a length of time it has been re- ceived as the best text book on the law of niorlpaj^es.and it has recently received the honour of a second edition. We have never been niggardj towards Mr. Fisher's very laborious, learned and use- ful treatise, and we still see no reason to retract those commendations Or to reduce their measure. His book tho- roui;hly deserves the character it has won of being the only good and com- plete repertory we have of the law of mortgages, and other securities upon property." — I^nr Mwjazine. " As the subject-matter of the treatise has been so extended, it is scarcely sur- prising that the work has swollen fiom a moderately sized volume in the lirst edition to two closely printed octavo volumes, comprising, with Appendix and Index, nearly 1,200 pages in the second. Hut though the work has become larger, it cannot be said to be prolix ; on the contrary, the Author's conclusions are laid down clearly and concisely, and are not overloaded w ith lengthy statement of cases. The book is divided into paragraphs, which are numbered, and thiscourseaffords, when incidental mention is made of any quis- tion, a ready means of reference to the more full discussion of the same matter in another part of the work. In tine, the work has evidently been prepared with great care, and cites the later authorities accurately. The new edition of Mr. Fisher's work will be found very useful to the practitioner, and will sup- ply a want that has long been felt." — tiolirilorx' Journal. " Whatever may have been the merits of the papers recently submitted to the Digest of Law Commissioners by other competitors, we think the profession w ill feel more than satisfied at the j-election of Mr. Fisher as the suciessful candi- date on the subject of Mortgage. The appearance of his full and elaborate treatise on this subject simultaneously with the announcement of the Commis- sioners' decision, gives, as it were, a material guarantee of Mr. Fisher's com- petency lor undertaking that depart- ment of the work which wt presume will be assigned to him. The second edition of this book, comprised in two volumes of royal octavo, has little be- yond its paternity to identify it with the original volume which appeared in l.SSfi. If we speak of the author's first essay as merely tentative and meagre and partial, it is only to draw particular attention to the very complete arrange- ment and copious detail of the edition now before the public. . . Thescchapters taken together evince that laborious research and accuracy which, more than any other qualilicatioii, is retjuired of a text writer, and we doubt not that the excellence of the work will receive Its MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 23 Fisher's General Ii&xv of J^orteAge— continued. due appreciation at the hands of the profession. A word in conclusion is due to the clearness and simplicity which pervades Mr. Fisher's writing. If his language is too often bold and devoid of grace it is never obscure, and we think that the absence of attractive composition will not in these days be accounted a demerit in a treatise de- signed solely for professional purposes, which possesses the essential qualities of accurate learning and lucid arrange- ment." — Lair Journal. " The labour bestowed upon it by Mr. Fisher will be best understood by this fact. The mere list of cases cited in tlie text fills forty-three pages in double columns, and the list of statutes and orders cited occupies fifteen pages. We conclude by commending this , work equally to the practitioner and tlie stu- dent ; it will be invaluable to the former for reference, to the latter for reading and digesting."— iaw Times. HUNTER'S SUIT IN EQUITY.— Fourth Edition. AN ELEMENTARY VIEW of the PROCEEDINGS IN A SUIT IN EQUITY. With an Appendix of Forms. By Sylvester J. Hunter, B.A., of Lincoln's Inn, Barrister at Law. Fourth Edition, by G. W. Lawrance, M.A., of Lincoln's Inn, Barrister at Law. Post 8vo. 10s. cloth. " It is now ten years since Mr. Hunter's modest and unpretending volume first saw the li;ht, and few we imngine have ber n llie students of equity practice during tliose years who have not been indebted to its pages lor their first initiation into the mysteries of the Court of Chancery. Within the compass of three hundred pages the reader (as far as is possible witliout the result of practical experience) may obtain a*i accurate idea of the various incidental proceedings leading up to and following the decree, while the several stages of the suit are all carefully illustrated by forms referred to in the text and collected looetlier in au appendix at the end of the volume. We will only add that we are glad to find this little work is in such good hands, and while it continues to receive from lime to lime Mr La *rance's careful revision, we venture to predict for it a long-lived success and many future editions."— iaai Journal. " An ouihne, after this fasliion, of a suit in equity is contained in Mr. Hunter's little volume, and that it has been found to perform its promise is proved by ils arrival at a fourth edition. Mr. Lawr.mce has added a chapter on the equitable jurisdiction of the county courts." — Law Timet. " This book has now maintained for so long a time the position of a standard manual for the use of law students tliat there is little for us to say respecting its general scope. The work is intended for beginners, and the design is excellently carried out. Everything is there whicli ought to be placed before the learner, and yet the book is not encumbered with references and details which would serve merely to embarrass him; the arrange- ment is also very clear. Since tlie issue of the first edition in 1858, two successive editions besides the present have been prepared by Mr. Lawranre, the present editor, a sulhcient guarantee that the book has answered the purpose for which it was intended." — Solicitors'' Journal. " A fourth edition attests the con- fidence of the Profession, especially the junior branch of it, in Mr. Hunter's Suit in Equity. As a rule a woik to pass into further editions must have real merit. This merit Mr. Hunter's work contains. The style iu which it is written is singu- larly clear and attractive for a book of practice, which is no doubt the cause of its acquiring and retaining the preemi- nence it pi sstsses amongst books of its class." — Latt Examination Reporter. •24 LAW WORKS PUBLISHED BY INDIAN CIVIL SERVICE EXAMINATIONS. An ANALYSIS of the INDIAN IMAAL CODK. By John Cutler, B A., of Lincoln's Inn, Barrister at Law, I'rolLssor ot English Law and Jutispnulence, and Professor of Indian Jurispni- dtiK-eat King's Cullege, London, and Edmund Fuller Grhh.n, B A., of Lincoln's' hin, Barrister at Law. 8vo. 6s. cloth. " It may be added that the Code is just, ift present, out of print, fo that the pioduction of an analysis al the present luoineut is especially opportune. Messrs. Cutler and Griffin have produced a use- ful little book, and produced it at a time when it will be espeeially Useful." — Svlicilors' Journal. SIR T. ERSKINE MAY'S PARLIAMENTARY PRACTICE. SixtU Edition. A PRACTICAL TKKATISE on the LAW, PKIVI- LECiES, PROCEEDINGS and USAGE of PARLIAMENT. By Sir Thomas Erskine May, K.C.B., of the Middle Temple, Bar- rister at Law, Clerk Assistant of the House of Commons. Sixtli Edition, Revised and Enlarged. One very thick vol. Svo. 3bs. cloth. CoNTENrs:— Book I. Constitution, Powers and PriviUsPs of P,.rliamei)t.— Book 11. Practice and Proceedings in Parlmuient.— liook 111. Tl)e Manner ol passinc Private Bills, witli the St.iudiug Orders in both Houses, and the mjst rrteul Pie- cedents. " The high reputation and the proved practical utility of Sir T. liiskine May's work, render it unnecessary for us to say anything as to its merits. The pre- sent edition has been carefully revised and considerably enlarged. It comprises every alteration in the Law and Practice of Parliament, and all material prece- dents relating to public and private business from the date of the former edition down to the end of the session of lS67,and many even of the last session, including the latest orders concerning committees and referees on private bills. Sir T. Erskine May deserves the best thanks of all who are interested in par- liamentary proceedings, for the care an o one should attempt to medd'e with the to modern times. Since the treatise of .Mr, Law of Sewers without its help."— 60/1- Serjeant Callis in the early pan of the 17ih cilors' Journal. century, no work filling the same place has SMITH'S PRACTICE OP CONVEYANCING. An ELEMENTARY VIEW of the PRACTICE of CON- VEYANCING in SOLICITORS' OFFICES, with an Outline of the Proceedings under the Transfer of Land and Declaration of Title Acts, 1862, for the use of Articled Clerks. By Edmund Smith, B, A,, late of Pembroke Coll, Cambridge, Attorney and Solicitor. Post 8vo 6s. cloth. "This little work will be found very sales, mortgages, leases, settlements and useful to beginners in Conveyancing. The wills, is very simple and intelligible, while writer has the moral courage to commence at the same time it is so accurate and com- at the very beginning, and to avoid a plete that even old practitioners may read parade of learning which would be entirely it with advantage. It is on the whole a useless to articled clerks in their noviciate. highly creditable performance for a country The account given by him of the proceed- solicitoT."— Solicitors' Jourtial and Jieporter. iugs in solicitors' offices, in purchases. 28 LAW VVOIIKS PUBLISHED BY PETERSDORFF'S ABRIDGMENT OF THE COMMON LAW. Ne'tv Edition. A CONCISE PRACTICAL ABRIDGMENT of the COMMON AND STATUTE LAW, as at present administered in tlie Common Luw, Probate, Divorce and Admiralty Courts, excluding all that is obsolete, overruled or superseded : comprising a Series of Condensed Treatises on the different Branches of the Law, with detailed Directions, Forms and Precedents; an Alphabetical Dic- tionary of Technical Law Terms and Maxims, and a Collection of Words that have received a Special Judicial Construction ; the whole illustrated by References to the principal Cases in Equity, and in the Scotch, American and Irish Reports, and the most eminent text writers. By Charlf.s Pf.teksdoiuf, Serjcant-at-Law, assisted by Charles W. Wood, Esq., and Walker Marshall, Esq , Barristcrs- at-Law. 6 vols. Royal Svo. 71. 7s. cloth. " Mr. Serjeant Petcrsdorff lias Irought work at some Inigtli on the completion of to A close Ills labours upon this great aud the first volume. Now that the sixth has useful woik. It is a complete dictionary been published, we have notliinR to add of the l.iw as it exists at the present day, except that the execution seems to be in and is also an in lex to every law library. the best style of this L.borious jurist and We noticed the plan and object of this professional v,T\Vr."—Timei. SHELFORD'S SUCCESSION, PROBATE and LEGACY DUTIES. Second Edition. THE LAW relatinir to the PROBATE, LEGACY an.l SUCCESSION DUTIES in ENGLAND, IRELAND and SCOT- LAND, including all the Statutes and the Decisions on tliosc Sub- jects : with Forms and Otlicial Regulations. By Leonard Siiklfoud, Esq., of the .Middle Temple, Barrister at Law. The Second Edition, with many Alterations and Additions. 12mo. 16s. cloth. "The treatise before uj. one of the most been nlrcady tested by mo^t of them."— useful and popular of his productions, La-.cl'imts. ., , , beiuB now the text book on the subject, "'Mr. shel ford s book nppears to us to nothini? remnins but to make known its np- be the bpt and most complete work on this pearance to our readers. Us merits have extremely intricole subject. —Laic Maga- zine. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 29 POVTEIiIi ON EVIDENCE.— Third Edition by Cutler and Griffin. THE PRINCIPLES and PRACTICE of the LAW of EVIDENCE. By Edmund Powell, M.A., Bavrister-at-Law. Third Edition, by John Cutler, B.A., of Lincoln's Inn, Barrister-at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London, and Edmund Fuller Griffin, B.A., of Lincoln's Inn, Barrister-at- Law. 12mo. 15s. cloth. " This is a good edition of a very useful work. The book itself we have always considered as well adapted for the student and convenient for the practitioner. It explains principles clearly and illustrates them without overloading them by the cases quoted. The work is more practical in its object than that of Mr. Best, and treats the subject in a more succinct manner than Mr. Pitt Taylor. There could be no better introduction to the study of the law of evidence than Mr. Powell's book, whilst it is perfectly suit- able for ordinary reference; and the care that has been bestowed on it by the pre- sent editors will, we think, considerably enhance its value." — Law Magazine and Review. " This is aneweditionof a work which we fancy has scarcely been as well known as it deserves. It has not, of course, the pretensions to completeness of Mr. Pitt Taylor's book, nor, possibly, has it so much merit, as an original and scientific treatise as Mr. Best's. At the same time, it is probably more useful than either for ready reference in court on ordinary points. For this purpose Mr. Best's book is of little practical utility, while the two large volumes of Mr. Taylor's work are so cumbrous that probably few practitioners would be likely to take them out of their chambers. The pre- sent volume is of a handy size, is mode- rately cheap, and its contents are re- markably well arranged, so that any- thing it contains can very rapidly be found. The number of cases to which it refers is considerable, and theeflRect of the decision seems accurately and con- cisely given. We think this will be enough to make the work useful to practitioners on circuit, at quarter ses- sions, and especially in county courts, where access to a library is not usually to be had, and it is inconvenient or im- possible to take many or large books. To students and young barristers, also, the book will be useiul, not only for reading at home, as more practical than Best and less detailed than Taylor, but also to take with them into court."— Solicitors' Journal. "The treatise before us has with great care and skill incorporated the principles of evidence observed in equity, and also the salient rules adopted in the Anglo- Indian courts. But while we think that the sphere of this treatise must be con- fined to the education of students, we have no hesitation in asserting that within that sphere the book is a great success, and we cordially recommend the volume to students both for the English bar and for the Indian bar. Its simplicity and perspicuity render it also a valuable aid to members of the Indian civil service." — Laio Journal. " We have very great pleasure in noticing this edition of a work with which we have long been familiar. It was certainly a good idea to make the book useful to the equity practitioner. It was a still better idea to adapt the Anglo-Indian rules of evidence, which must assist materially those who are studying in England for the Indian bar, or preparing for the Indian civil service, Mr. Cutler, being Professor of Indian Jurisprudence at King's College, has executed this latter branch of the work with the ability which was to be ex- pected from him, and we can heartily recommend this excellent edition of Mr. Powell's book as likely to prove of very wide utility." — Law Times. ' We are glad to see a new edition of Mr. Powell's work on the law of evi- dence. The present edition is ably edited by Mr. Cutler and Mr. Griffin, who have, in addition to the previous text, added the principles and practice of the law of evidence adopted by the Court of Chancery and other important matter, and brought down the law to the present time. The book will be found a most useful addition to the lawyers' library; and to those practising or about to practice in the county courts it is almost a necessity." — Law Examination Reporter. *»* AUlumgh in this work the most important decisions only are quoted, and as a rule but one authority is given for each proposition, yet there are upwards of 400 cases cited therein which do not appear in the table of cases prefixed to the latest edition of " Taylor on Evidence." STARKIE ON SLANDER AND LIBEL.— Third Edition. STARKIE'S TREATISE on the LAW of SLANDER and LIBEL; i.icliulincr MALICIOUS PROSI-XU TIONS, CON- TEMITSot COUKT, S:c. ; also tlie Pleading and Kvidence, Civil and Criminal, with Forms and I'recedunts. Tliird Edition. By II. C. EoLKARD, Barrister-at-Law. One thick vol. medium 8vo., 12s. cloth. " I'hirtv-nine years have gone by and Mr. lolkarU has brouKht out a ihirJ edition, and certainly the first Klauce of the new book gives the impression ot pains unspared. In point of bulk it contains more than twice as much matter as the edition of lli.ii). The criminal division will iirobably be thought the most valua- ble portion of the hook. Ihe ordinary text bonks of pleading and evidence go far to help the practitioner on the c'vil proceedings, but a treatise on crimina! proceedings for libels of public mischief was really wanteil. vv iUi the present volume before ihem. the law olhcers of the crown, ai d lawyer-, generally, will he saved an infinite amount of labour in search of precedents. ^o one can say that Mr. I'olkard has failed in the full dis- charge of his onerous duty, and we are snre that he will earn, as he will obtain, the graiitude of the proltssion."— Xaai Journal. " In one respect tbe present edition deserves very high praise. It has been most laboriously executed, and. as f:ir as we have been able to examine, the modern cases, down to the very latest and to the most obscure, have all been colUcied and hive on the whole been accurately set out." — Huticiion' Jnuriiril. •' I: would be difficult to find any part of his subject which l\lr. I'olkard has not fully investigated, and the result is a valuable addition to the lawyer's library which for many years has tieen much DeeAeA"— Justice of the Peace. ■' Upon reference to this edition It will be found that Mr. I'olkard has performed his task carefullv and well. It is well that such a treati.se should have been re-edited, and it is well that it should have bei-n edited bv so careful and painstaking a man as .Mr. i'olkard."— iaa! Magazine. TUDOR'S CHARITABLE TRUSTS.— Second Edition. THE LAW of CIIAUITAULE TRUSrS; with the Statutes, including those of 1SG2, the Orders, Regulations and Instruc- tions issued pursuant thereto, and a Selection of Schemes, with Notes. By Owen Davies Tudok, Esq., of the Middle Temple, Barrister-at- Law, Author of ' Leading Cases in Etjuity.' Second Edition, contain- ing all the recent Statutes and Decisions. Post 8vo. 18s. cloth. " Mr. Tudor in the present edition of his work has struck out beyond his original intention, and his made it a complete com- pendium of the law of . harities - o living writer is more capable than .Mr. 1 udor of producing such a work : his Leading Cases in Kquitv, and al-o on the I-av of Heal I'roni'rtv, have deserveilly earned for him the highest reputatii)n as a learned, careful and judicious t-^xt-writer. 1 he main feature of the work is the manner in which Mr. 1 udor has dealt with all the recent statutes relating to this subject : we have only to add that the index is very carefully compiled."— JSu/iVi'iirj' Journal. " Mr. I udnrs excellent little book on Charitable Inists. It is indeed no longer a little bo.ik but a bulky one of some 6')0 pages Mr. ludor however is a singularly Iiainstaking author; his books, as the pro- fession well knows, are models of industry and care, ami hence their popularity. Ihis second edition has collected the cases de- cided since the is>ue of the first, and their number is suri'rising— upwards of one thou- sand. Mr ludor h.is made his work com- plete by the introduction of several schemes for the settlement of charities, so that it is in allTespects the text-book for the lawyer as well as a hand book for reference by trustees and others engaged in the manage- ment of charities."— Z-aai Times. " The account of the Law of Mortmain and the statutes resiiecting chartable be- quests in their bearing on the different religious orders is full and definite, and the duties of trustees are e»plained in a clear and siraighlforward way. Altogethi rthis work must be exceedingly uselul, not to say indis; cnsable, to all persons who are connected with charitable irusti. whether as founders, managers or trustees." — Kng- lish Churchman. "To this second edition 1 >rge additions are made, :ind it is now a cimidete ccim- pendiumofthe Law of Chanties. '—Clerical Journal. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 31 INGRAM'S IiAAV OF COMPENSATION.— Second Edition. COMPENSATION TO LAND AND HOUSE OWNERS : being a Treatise on the Law of the Compensation for In- terests in Lands, &c. payable by Railway and other Public Companies; with an Appendix of Forms and Statutes. By Thomas Dunbar Ingram, of Lincoln's Inn, Esq., Barrister at Law, now Professor of Jurisprudence and Indian Law in the Presidency College, Calcutta. Second Edition. By J J, Elm es, of the Inner Temple, Esq., Barrister- at-Law. Post 8vo. 1 2s. cloth. " Whether for companies taking land or holding it, Mr. Ingram's volume wrll be a welcome guide. With this in his hand the legal adviser of a comiiany, or of an owner and occupier who^e jjroperty is taken, and who demands compensation for it. cannot fail to perform his duty rightly."— ia» Times, " This work appears to be carefully pre- pared as regards its mstter. This edi'.ion is a third larger than the 6rsf, it contains twice as many casfs, and an enlarged index. It was much called for and doubt- less will be found »ery u;eful by the prac- titioner." — La7i! Magazine " The appearam e u|)on the title page of the words Second Edition attests in the most conclusive manner that Mr. Ingram has rightly measured the requirements of the profession when he designed the monograph before us. Ihe appendix contains no less than sixty forms rf quired in the practice of this branch of the law and the statutes and partsof statutes in which it is embodied l he index is very ample. J'hus it will be seeu to be a book very valuable to all solicitors who may be concerned for railways or for the I ersons whose properties are afiected by them." — Law Times, second 7iot ice, '" His explanations are clearand accurate, and he constantly endeavours not only to state the effect of the law which ha is enunciating, but also to show the principle upon which it rti\.s."—Athen(iium. SCRIVEN ON COPYHOLDS.— Fiftb Edition by Stalman. A TREATISE ON COPYHOLD, CUSTOMARY FREEHOLD, and ANCIENT DEMESNE TENURE, with the Jurisdiction of Courts Baron and Courts Leet. By John Scriven, Serjeant at Law. The Fifth Edition, containing references to Cases and Acts of Parliament to the present time. By Henry Stalman, Esq., of the Inner Temple, Barrister-at-Law. Abridged in 1 vol. royal 8vo. 30s. cloth. " No lawyer can see or hear the word ' copyhold' without associating with it the Dame of Scriven, whose boolc has been always esteemed not merely the best but the only one of any worth. Ui til a com- mutation of the tenure for a fixed rent- charge, after the manner of a tithe com- mutaiion, is cnmi)elled by the legi>lature, this treatise will lose none nf its usefulness to the solicitors in the country."— iaw Times. " It would be wholly superfluous to offer one word of comment on the general body of the work. Scriven on Copyholds has for exactly half a century been not only a standard work but one of unimpeachable authority, and in its pag' s the present generation has learned all that is known of copyhold and customary tenures. All that is necessary to say is, that in the pre- sent edition of Scriven on Copyholds IMr. Stalman has omitled what was use- less to ret.rin, and inserted what it was necessary to add. I ntil copvhulds have disappeared utterly, it is at least certain that Scriven on Copyholds by Stalman will hold undisputed sway in the profes- sion."— Xaa" Journal, IjUSHINGTON'S NAVAIi PRIZE LAW. A MANUAL of NAVAL PRIZE LAW. By Godfrey LusHiNGTON, of the Inner Temple, Esq., Barrister at Law. Royal 8vo. 10s. 6d. cloth. o-J LAW WORKS PUBLISHED BY OKE-'S MAGISTERIAL SYNOPSIS.— lOth Edition. (D a w rk that every sportsman would find useful, now that the se^ison is before liiin and he is anxious to know how the luw stands under the recent acts of parlia- me.iX.."— lull's Nr.v Mestenger. " « e recommend iustlces, landlords, and others whom it hchoves to be well ac- quainted with the i.ame Laws, to supply theniselies with a copy of this work; lh>y will find every requisite information in a small space and in an intelligible form." — Cam6rit/ge Chronicle. "The work is carefully composed, and contains a full \nAitn.."—>>olicilori Journal. •' Care and industry are .ill that can tie shown in such productions, and these qua- lities are generally shown in the present works. Mr. Oke's book takes a somewhat larger ranne than .Mr. Paterson's, as it em- braces the late statute relating to the SJal- ninn \.'\i>\\vT\n."—Atlienaum. . " Ibe plan of Mr. oke's Handy Book is a very plain and useful one. • • It will be a most acceptable addition to the coun- try geniUman'slibrary. and presents a most iutelligible guide to the existing I',ni;lish laws on game and lish, broiight down to the prisenl time."— 7'/i< Held. " I'o sportsmen, as well as to those niat-is- tra'es and professional gentlemen who are concerned in the adminisratioQ ol the MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 35 TOMKINS' INSTITUTES OF ROMAN IjAAV. THE INSTITUTES of HOMAN LAW. Part I., con- taining the Sources of the Roman Law and its External History till the Decline of the Eastern and Western Empires. By Frederick ToMKiNS, M. A., D.C.L., Barrister at Law, of Lincoln's Jnn. Part L, royal 8vo. 12s. cloth. (To be completed in Three Parts.) " This work promises to be an important good promise for the future. We know of and valuable contribution to the Study of no other book in which anything like the the Roman Law." — Law Magazijie. same amount of information can be ac- " Ihis work is pronounced by its author quired with the same ease. We shall look to be strictly elementary. But in regard with great interest for the publication of to the labour bestowed, the research exer- the remainder of this treatise. If the cised, and the materials brought tngether, second part is as well executed as the first, it seems to deserve a more ambitious title and bears a due proportion to it, we think than that of an elementary treatise. 1 he the work bids fair to become the standard chapter on Legal Instruction, detailing the text-book for iinglish students."— .bWifj- systems of legal education pursued in the tors' Journal. various epochs of Rome, reHects great " Of all the works on the Roman Law credit on the author, and, so far as we we believe this will be the best suited to know, is purely original, in the sense that law students. Mr. lomkins gives us a no preceding English writer has collated simple hnglish history of lionian I^aw, the matter therein contained."— .Lazd arranged most lucidly with marginal notes Jc'irnal, ai d printed in a form calculated for easy " Dr. Tomkins has chosen his subject reading and retention in the memory. We wisely in at least one respect, there can be welcome the book of Mr. lomkius. It is no doubt that a good introductory treatise calculnted to promote the study of Roman on the Honian Law is sorely ueeiled at Law, and both at the universities and in present. 1 he present part is only an in- the Inns of Court it is a work which may stalment. But the present prrt is unques- safely and beneficially be employed as a tionably both valuable in itself and of te.xtbook."- ia» Times. DRETVRY'S EQUITY PLEADER. A CONCISE TREATISE on the Principles of EQUITY PLEADING, with Precedents. By C. Stewart Drewry, Esq., of the Inner Temple, Barrister at Law. 12mo., 6s. boards. Contents :— What Persons are entitled to sue in F.ouity, and in what manner to sue. — i)f the .Modes of instituting a. Suit in H quity — Of the Defence of Suits.— Of Pleas. —Of Answers.— Ot Amended Bills.— Of Revivor and .Supplemental Bills.— Of Inter- locutory Applications —Of the Proceedings on going into Lvideuce.— Of Appeals. — Conclusion. — Appendix of Preceuents. " Mr. Drewry will be remembered by he describes the principles and general many as the author of the very popular rules of Kquity Pleading. It will be found and excellent treatise on the Practice in of great utility, asintroducinry to the more Fquity. He has now contributed to the elaborate treatises, ortorefreshthe memory library of the lawyer another work of after the study of the larger books." — Law equal value, written for younger members Times. of the profession and for students, in which W^ILLIAMS ON PLEADING AND PRACTICE. An INTRODUCTION to the PRINCIPLES and PRACTICE of PLEADING in the SUPERIOR COURTS of LAW, embracing an outline of the whole Proceedings in an Action at Law, on Motion, and at Judges' Chambers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By Watkin Williams, M.P., of the Inner Temple, Esq., Barrister at Law. 8vo. 12.s. cloth. lyir. Williams has iindertaken a work re- the book has features of peculiar value, quiring great care in its treatment; but we it is at the same time scientific and prac- have no hesitation in saying that he has tical, and throughout the work there is a brought to bear on his tusk powers of ar- judicious union of general principles with raiigement and clearness of expression of a practical treatment of the subiect, illus- no ordinary character, and has produced trated by forms and examples of the main a work creditable to himself and useful to proceedings," — Jurist. the Profession. For the Student especially 36 LAW WORKS PUBLISHED BY LAW^ EXAMINATION REPORTER. THE LAW EXAMINATION REPOHTEi{, containing all the Questions and Answers at the Examinations of Law Sludents at the Incorporated Law Society. Published in numbers at Gd., by post 7d. No. I. IIii.. Term, 1S66 — Notice to Ueaders ; How to Study; The Examiners; Examination (iuestions and Answers. No. II. East. Tkrm, 1S6G. — Notice to Headers; What to Study for Pass or Honours; The E.xaminers; Examination Questions and Answers. No. III. Trin. Term, 1866. — ^My first Criminal Client; Important Bills in Tarlia- ment; The Examiners ; Examination Questions and Answers. No. IV. Mich. Term, ISGG— On Memory, its Abuse and Aids; He.sult of the past, intermediate and linal Examinations; The Examiners; Examination Questions and Answers. No. V. HiL. Term, 18(!7. — Sketches at a Police Court; Reviews of New Books; Observations on ttie Michaelmas Term's Questions; The Examiners; Exami- nation Questions and Answers, S:c. No. VI. East. Term, 1867. — Nutice to Readers; The Preliminary Examinations and the Judges' Dispensations; Observations on the Hilary Term's Equity Questions; Correspondence; The Examinors ; Examination Questions and Answers, &e. No. VII. Trin. Term, 1867.— Notice to Readers ; Tlie Rejected and the Reason; Examination and Legal News; The Examiners; Intermediate Examination Questions: Final Examination Questions and Answers. No. VIII. Mich. Term, 1867.— New Statutes; Result of Past Examinations; New Prizes; Law Societies ; Reviews of Books ; The Examiners ; The I ntermediate Questions; All the Michaelmas Terms Examination Questions and Answers. No. IX. HiL. Term, 1868. — Proposed Amalgamation of the Bar and the Attornies; New Statutes and Rules; Reviews of New Books; Moot Points; Inter- mediate Examination Questions; The Examiners; All the Hilary fin.I Questions and Answers. No. X. East. Term, 1868.— Hints to Young Attornies; Reviews of Books; Inter- mediate Examination Questions; All the Easter Term's Final Questions and Answers. No. XI. Trin. Term, 1868. -What to do after Passing; Answers to Moot Points; Reviews ; Intermediate Questions and Answers ; Trinity Term's Final Questions and Answers. No. XII. Mich. Term, 1868.— Events of the Legal Year; New Statutes; Inter- mediate and Final Examination Questions and Answers. No. XIII. HiL. Term, 1869.— Notice to Readers; Proposed Changes; Articled Clerks' Society; Law Students' Debating Society; New Statutes; Reviews; Intermediate and Final Questions and Answers. No. XIV. Kast. Term, 1869.— New Statutes concluded; Reviews; Intermediate Examination Questions and Answers; Final Examination Questions and Answers, &c. *»• ,See "/^ic Examination Journal and Laic SUulent 'a Magazine " on back page. PARKINSON'S COMMON I.A^V CHAMBER PRACTICE. A HANDY BOOK fok the COMMON LAW JUDGES' CHAMBKIIS. By Geo. II. Parkinson, Chamber Clerk to the lion. Mr. Justice IJyles. 12mo. 7.s. cloth. " Forthistasli Mr. Parkinson iseniinenlly than Mr. Parkinjon.whose great experience qualifi.-d."— Jum^. as well a* mtelliKence have loiiK placed •■ It is extremely well calculntcd for the him in the position of an nuihoriiy on all purpose for which it is intended. .So much matters apperlaininB to this peculiar bin work is now done in Common law Cham- very extensive branch of Common Law hers by junior clerks that such a little Practice," — Ijiw limes. tre.itise is much warned. .Mr. Parkinson " Ihere is much that would prove very has performed his task skilfully and with useful to the practitioner in Mr. I'arkinson s care"— •Solicitors' Journal. compilation, and which, so far as we are ■' The practice In Chambers has become aware, is not to be found in any other book sufhrienily iniiiortant to call for a treatise collected with equal conciseness. '—Law devoted to it, nor could a more competent Magazine and lieviea. man for the task have presented himself MESSRS. BUTTEllWORTH, 7, FLEET STREET, E.C. 37 GIiSN'S LA'W OF. HIGHWAYS.— Second Edition. THE LAW of HIGHWAYS: comprising the Highway Acts 18;55, 1862 and 1864: the South Wales Highway Act; the Statutes and Decisions of the Courts on the subject of Highways, Bridges, Ferries, &c., including the Duties of Highway Boards, Sur- veyors of Highways, the Law of Highways in Local Board of Health Districts; Highways affected by Railways, and Locomotives on High- ways. With an Appendix of Statutes in force relating to Highways. By VV. Cunningham Glen, Esq , Barrister-at-Law. Second Edition. Post 8vo 20s. cloth. "Ihose who have need of information on the Law as it is, could not resort to a nio^e trustworthy adviser than this Work of .Mr. filen. Ii is conveniently arranifd and cajiitallj', because copiously, indexed." • — Law Times, " iMr. ('len undertook a Work that was really required not only by the iirofession but by a large class of pe' sons interesied in the Law of Jiighways, and .Mr. ('len's ofTlcial position has no duubt qualified him peculiarly to discharge such a task with efticiency. Mr. Glen has succeeded in what he here proposes, and his Treatise will be indisi)en-able to all practitioners interested in the Law of highways "—So- licitors^ Journal, " Altogether we may confidently venture to confirm the statement in the preface, that it may riow fairly claim to be recot-'nized as a standard authority on the law of high- ways by those who are engaged olficially or otherwise in the administration of that branch of the law. It is so. as we from per- sonal knowledge can aflirm. and, we may add. that i' is received liy them as a trust- worthy suide in the discharge of iheir onerous duties." — Laa Times (oiiZnd Kdit .) " I he present edition of Mr. Glen's work contains a great deal of valuable matter which is entirely new. I'o those interested in the law of highways this manual as it now appears will be found a safe ami eflficienc guide." — L'lU! Magazii,e (on 2nd EditiotO, " Mr Glen has an established reputation in the legal profession as a careful and labo- rious writer, and this new edition of his new work on highway law will convince those who refer to it that he has niglected no topic likely to be useful to those whose duties require them to have a knowledge of this particular branch of the law. ihis work aspires above others which profess merely to be annotated rejirints of ?.cts of parliament. Ii will i e found tu contain much information which might be looked lor el ewhere in vain. I he ^eneral law upon the subject is set forth with a care and lucidity deserving of great praise, and a good index facilitates reference, and ren- ders this work the most complete ou this iniportant subject whi( h has ^et been pub- lished." — Justiie of the Peace. " Mr. Glen may well say that an entire revision of the first edition was necessitated by the recent staiutts, and his second edi- tion is a bulky volume of 800 pages. His work may be read with satisfaction by the general student as well as referred to with confidence by the practitioner. We need sny nothing further of this second edition than that we think it likely to maintain fully the reputation obtained by its pre- decessor. It has the advantages, by no means unworthy of consideration, "f being wtU printed and well indexed, as well as well arranged, and a copious index of sta- tutes renders it a perfect compendium of the authorities bearing in any way on the law of highways." — Solicitors' Journal on the Second Edition. GLEN'S POOR LATV BOARD ORDERS.- Sixth Edition. The General CONSOLIDATED and other ORDERS of the POOR LAW COMMISSIONERS and of the POOR LAW BOARD, together with the General Orders relating to Poor Law of Accounts, the Statutes relating to the Audit of Accounts, Appeals and the Payment of Debts, with Explanatory Notes elucidating the Orders, Tables of Statutes, Cases and Iiide.x. By W. Cunningham Glen, Esq., of the Middle Temple, Barrister at Law, and of the Poor Law Board. Sixth Edition. 12mo. ISs. cloth. 38 LAW WORKS PUBLISHED BY WIGRAM ON WILLS.— Fourth Edition. An EXA.M1N'A'1"K)N ot tlie lULlOS of LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTER- PRETATION of WILLS. By the Right Hon. Sir James Wigram, Knt. Tiie Fourth Edition prepared for tlie press, with tlie sanction of the learned Author, by W. Knox Wigram, M.A., of Lincohi's Inn, Esq , Barrister at Law. 8vo. lis. cloth. " In the celebrated treatise of Sir James Wigram, the rules of law are stated, dis- cussed and exi)lained ill a manner \yhich has excited the admiration of every judge who has had to consult il."— Lord hings- do-uH, in a Privy Council Judgment, July iilh, 1B58. •• There can be no doubt that the notes of Mr. hnox Wigram have enhanced the value of the work, as affording a ready reference to recent cases on the subjects embraced oi arising out of Sir James \V igram's propositions, and which fre- quently give additional sunport. and in some instances an extension to the original text."— Laa Chronicle. " Understood as general guides, the propositions established by Sir James Wiiiram's 1 ook are of the highest value. But whatever view may be entertained, the book is one which will always be highly prized, and is now presented in a very satisfactory shape, thanks to the industry and intelligence displayed in the notes by the present editor."— i'u/icUon' Journal and lieporler. FRY'S SPECIFIC PERFORMANCE OF CONTRACTS. A TREATISE on the SPECIIIC PEIUOK M ANC E of CONTRACTS, including those Fry, B.A., of Lincoln's Inn, Esq " Mr. Fry's work presents in a reason- able compass a large quantity of modern learning on the subject of contracts, wiih reference to the common remedy by specific l)erforniince, and will thus be acceptable to the profession generally."- /.n.v CAru/dc/e. " I here is a closeness and clearness in its style, and a latent fulness in the expo- sition, which not only argue a knowledge of Public Companies. By Edward , Barrister at Law. 8vo. 16s. cloth. of the law, but of those varying circum- stances in human society to which the law has to be applied.'' — Upeclalor. " Air. I'ry's elaborate essay appears to exhaust the subject, on which he has cited and brought to bear, with great diligence, some 1,.500 cases, which include those of the latest reports." — //flW Alagazine and licview. PHILLIPS'S LA\V OF LUNACY. 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Latham, B.A., of the Inner Temple, Esqrs., Barristers at Law. In Svo. Brandon's Notes of Practice in the Mayor's Court of the City of London. Second Edition. In Svo. The Institutes of Roman Law, Part n. By Frederick ToMKiss, Esq., M.A., D.C.L., Barrister at Law, of Lincoln's Inn. To be com- pleted in 3 parts, royal Svo. Principles and Rules of the Criminal Law, as expressed and laid down by English Judges; collected and arranged, with Introductory Abstracts and Notes. By Philip Anstie Smith, Barrister at Law. Vol. I. (Oftences against Property). In Svo. A Treatise on the Law of Criminal Procedure. By James Edward Davis, of tne Middle Temple, Esq., Barrister at Law, Stipendiary Magistrate at Stoke-upon-Trent. In 1 vol Svo. A Collection of Mortgage Precedents and Decrees; intended as a Companion Work to the General Law of Mortgage. By \\ . R. Fisher, Esq., of Lincoln's Inn, Barrister at Law. In 1 vol. Royal Svo. Hunt's Law of Boundaries and Fences. Second Edition. In Post Svo. A Treatise on the Law of Voluntary Settlements. By Arthur Joseph Hunt, of the Inner Temple, Esq., Barrister at Law, Author of " The Law of Boundaries and Fences." In Post Svo. A Digest of all the Cases relating to the Law of Letters- Patent. By F. C. Grove, of the Inner Temple, Esq., Barrister at Law. In Svo. Hertslet's Commercial Treaties. Vol. xn. By Edward IIertslet, of the Foreign Office. On Novtmber the \1(h, 1860, will he publisheil, in 8i'0., priiv One SliilUng, to be regiilarhj oinliiiiit'd on lite inoniimj of the seromi day after each respective Examination in llilarij, Easter, Trinitii and Miclntilnni.i 'J'i;rni.i in each ijntr, \o. I. of The LAW EXAMINATION JOURNAL AM> LAW STUDENT'S MAGAZINE. Kdilcd by M. S. .M(J.SKLV, Suluil..r and (;iilT..iril'.s lim rri/xiuaii, M. T. 1807, Autlior of " A Handy Uuok of Elemeiitury Law," &c. &c. Contents of No. 1. I. County Courts, their .Merits and De- fects as Local Iribunals: lly the Iditor. — II. "eviews of Books.— III. .summary of New Decisions in liarico and at Nisi Prius.— 1\. Analysis of the more impor- tant practical .'statutes of 3ii & 33 Vict.— V. Intermediate Examination Questions iind Answers, I'rinity lerm, lOtiy— VI, Final Kxainination Questions and Answers, Michaelmas lerm, 1869 — VII on the Examinations.- VIII. C dence. Notes orrespon- ^\)t ilaU) iBapHnr anti Ea\D lirbiclu. (NEW SERIES.) I'ldilished Quarterly, at ■").«., in KKnuiAKY, May, .\tr.rsT and Xovemuer. Xo. 64, publi-shcd in Aiif,'ust, contadiLs: — I. Representation of Intention and llono- Manuscripts Commission. —VI. Todd's Par- rary Kn^tagenients. — II. The Scotch har liamerjtarv Gnvernment in Knijland. — Vll. Two Centuries A|.'0.— HI. The Claim to The Codes of New Vork.-Vlll. Law of the F.arliloni of Wiltes.— 1\'. Skelchof Lord HastRrdy in Scotland.— Notices of New Cotteuham asa Judge- — V. The Historical liooks. — Eventsof the Quarter, iic. London : Ucttekwokths, 7, Fleet Street, Her Majesty's Law Publishers. Imprinted at London, tivmher Seuen in Flete strete within Temple hurre, wliyloin ilie sii;ne of the ilanda ;iiiH starre, and the Ilovse where lined Kicli.ird 'J'nttel, printer by ^pcrial patents of tf)r bobrs of tte Common latoe ill the seiieral reiijiis of" Kng Edw. VI. and of the qvcnes Murt/e and Elizabeth. LAW AVORKS FOR STUDENTS rUHI.ISllKI) BY MESSRS. BUTTE RVVORTH. Mr. Serjeant Stephen's New Commentaries on the Laws of EnoflaiKl, partly fouiuleil on Blackstoiie. Sixth Ivlitioii. rrcjiart'il for tlie jjress by James Steimikn, LL.I)., of the Middle Tfiuide, Barrister at Law. 4 vols. 8vo. I/. 4.s. cloth. Stephen's ftuestions on the Sixth Edition of New Com- mentaries on the Laws of I'.iipland. 1 vol. Svo. lO.v. Orf. eloth, Mr. Justice Lush's Practice of the Superior Courts of CO.M.MON LAW at VVKSTMLNSTKU, in Actions and Proceedings over which they have a Common Jurisdiction. Third Edit, by Joseph Dixon, of Lincoln's Inn. Barrister at Law. 2 vols. Svo. 4(is. el. Mosely's Articled Clerks' Handy Sook, with directions as to course of Study and other useful Information. By AL T. IMosKLY, Solicitor, Cliiford's Inn Prizeman M. T. 18()7. 12mo. T-i.cl. Preface. — IsTRODrcToBY Remarks. — Chap I. — The First Ykar. — Intro- duction to the otTice — What may be learned by copying a Draft — Explana- tion of technical terms — Tlie profession, and its sut)divisions — Convey- anoinB: Eguity; Common Law; Bankruptcy Law — onice work and ollice routine — Course of reading for the lirst year— Practical hints on reading — System of self-examination. Chap. II. — The Second Year.— Practical view of the ordinary routine of Conveyancing — Investigation of Titles — Purchases — Leases — Mortgages — Settlements — Wills — Course of reading for the second year: Introduction to the Statute-law — General analysis of the Statutes at large, preliminary to their t.ti dy. Chap. III. — The Third Year. — Ollice work — Suggestions for acquiring a knowledge of the Details of Common-law practice— The Courts — Nisi Prius business — The Brief and its preparation — Marshalling the Evidence — General rules of Evidence— A short practical view of the ordinary steiis in an Action, with examples — Course of reading for the third year: the Intermediate Examination — Points to be attended to in reading for it — Method of answering ihe Ex- aminers' questions— The Statute-law {conlinutd). Chap. IV. — The Fourth Year.— The County Courts— Method of acquiring a knowledge of Prac- tice — Hints on Advocacy — Course of reading for the fourth year. Chap. V. — The Last Year. — Assignment of Articles — The town agent's ollice— London professional life — Attendance at Chambers — Rules of Pleading — General view of points to be attended to during the last year under Articles — Course of reading for the fifth year: llixuini of old books— Analysis of Case law. Chap. VI. — The liiial Examination — Practical suggestions on reading for the Examination— Notes and Commonplace-book — The Ex- aminers' standard — " Coaches," their advantages and disadvantages — Reading for honours — Routine of the Examination — Admission — Con- clusion. Appendix. — (A.) Practical directions for Examination and Ad- mission. — (B.) List of standard books on special subjects. Benham's Student's Guide to the Preliminary Examina- tion lor Attorneys and Solicitors, as well as to the Oxford and Cam- bridge Local Examinations; with Questions asked at the Law Insti- tution. By J. E. Benham, of King's College, London. 12mo. S*. el. " It will become a useful guide and instructor not only to law students, but to every student who is preparing for a preliminary examination." — Lair Journal. Lewis's Principles of Conveyancing Explained and Illustrated by Concise Precedents, with an Appendix showing the o])eration of the Land Transfer Act in abridging or modifying the ])resent forms of Conveyances. By HuitEiiT Lewis, B.A., of the Middle Temple, Barrister at Law. Svo. 18*. cloth. as contributed a valuable aid to the Law Student,*— ^^ ~ - g rilOOL OF LAW LIBRARY- UNIVERSITY OF CALIFORNIA LOS ANGELES UC SOUTHERN REGIONAL LIBRARY EACILITY AA 000 732 644 o LAW WORKS FOR STUDENTS- continued. Lewis's Principles of Equity Drafting; with an Ap- pendix of Forms. By Hubert Lewis, B.A., of the Middle Temple, Esq., Barrister at Law. Autlior of "Principles of Conveyancing Explained and Illustrated." Post Svo. 12«. cloth. Barry's Treatise on the Practice of Conveyancing. By William Whittaker Barry, of Lincoln's Inn, Esq., Barrister at Law, late holder of the Studentship of the Inns of Court, and Author of a " Treatise on the Statutory Jurisdiction of the Court of Chancery," Svo. 18s. cloth. "The treatise is the production of a person of great merit. "—So/ec/iorg'Journa/. Powell's Principles and Practice of the Law of Evi- dence, Third Edition. By J. Cutler, B.A., and E, F. Griffin, B.A., Barristers at Law. 12mo. 15s. cloth. Hunter's Elementary View of the Proceedings in a SUIT IN EQUITY. With an Appendix of Forms. By Sylvester J. Hunter, B.A., Barrister at Law. Fourth Edit, by G. W. Law- RANCEi>, M.A., of Lincoln's Inn, Barrister at Law. Post Svo. 10*. cl. " It has been made a text book for examinations at the Universities and the Inns of Court." — Solicitor's Journal. Pearce's Guide to the Bar and Inns of Court; with Notices of their Ancient Discipline, Rules, Orders and Customs ; an Account of the Eminent Men of the Honourable Societies, toge- ther with the Regulations of the Four Inns of Court. By Robert R. Pearce, Esq., Barrister at Law. Svo. 8s. cloth. Goldsmith's Doctrine and Practice of Equity; or a Concise Outline of Proceedings in the High Court of Chancery. Designed principally for the use of Students. By George Gold- smith, A. M., of the Middle Temple, Barrister at Law. Fifth Edition. Post Svo. 16s. " Goldsmith's Equity stands conspicuous. It is eminently a Student's book, and as such has, we believe, been appreciated." — Leguleian. Kerr's Action at Law : being an Outline of the Juris- diction of the Superior Courts of Common Law, with an Elementary View of the Proceedings in Actions therein. By Robert Mal- colm Kerr, LL.D., Barrister at Law. Third Edit. 12mo. ISs.cloth. "Mr. Kerr's book is more full and detailed than that of Mr. John William Smith." — Solicitors' Journal. Drewry's Concise Treatise on the Principles of Equity PLEADING, with Precedents. By C. Stewart Drewry, Esq., of the Inner Temple, Barrister at Law. 12mo. 6s. boards. Williams's Introduction to the Principles and Practice of PLEADING in the SUPERIOR COURTS of LAW, embracing an Outline of the whole Proceedings in an Action at Law, on Motion, and at Judges' Chambers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By Watkin Williams, Esq., M. P., of the Inner Temple, Barrister. Svo. 12s.cloth. " For the Student especially the book has features of peculiar value." — Jurist. The Law Examination Reporter. Containing aU the Questions and Answers at the Examinations of Law Students at the Incorporated Law Society. Published in numbers at 6rf., by Post Id., every Term on the Mgrning of the Second Day after the Examination. .■io^i'.iii^,'.'.. *;.■.'.■ ' .' v.w-»-..