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such benefice shall be a minor, idiot, lunatic, or feme covert, then and in every Stat. 2 & 3 such case the consent required by this act on the part of the patron of such bene- Vict. c. 49. fice shall and may be testified by the execution of such deed or assurance or other writing as aforesaid by such and the same persons as by the said act of the first and second years of the reign of her present majesty, chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein mentioned or referred to; and that in all other cases the consent required by this act on the part of the patron of any benefice shall be given by the person or persons who would be entitled to present or nominate or to collate to such benefice in case the same were actually vacant at the time of giving such consent.

“XXI. And be it further enacted, that in the construction of so much of the Definition of act as relates to the sales of land and other hereditaments, and the application of the term “bethe monies to arise therefrom, the word 'benefice shall be taken to extend to and

nefice."
comprise all rectories with cure of souls, vicarages, perpetual curacies, and chapel-
ries the incumbents of which respectively shall, in right thereof, be corporations
sole.

“XXII. And be it further enacted, that in any case under the hereinbefore recited How consent acts, (except the act passed in the first and second years of her present majesty's of patron is in reign, chapter one hundred and six,) or of this act, where the patronage of any rec

certain cases

to be given tory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place under the shall be in the crown, or the advowson and right of patronage thereof shall be part recited act. of the possessions of the duchy of Cornwall, or where the patron thereof shall be a minor, idiot, lunatic, or feme covert, then and in every such case the consent required by such acts on the part of the patron of any such rectory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall and may

be testified in writing under the hands of such and the same persons as by the Bio said act passed in the first and second years of the reign of her present majesty,

chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein mentioned or referred to; and that in all other cases the consent required by the said recited acts (except as aforesaid) and this act on the part of the patron of any rectory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall be given by the person or persons who would be entitled to present or nominate or to collate thereto in case the same were actually vacant at the time of giving such consent, except so far as it is by any of such recited acts or this act otherwise expressly provided for.

XXIII. And be it further enacted, that this act shall extend only to that part To what places of the United Kingdom called England and Wales, and to the isle of Man, and to the act is to the islands of Guernsey, Jersey, Alderney, and Sark.”

extend.

XLVII. Stat. 2 & 3 VICTORIÆ, C. 53 (1). A.D. 1839.

Stat. 2 & 3

Vict. c. 53. “An Act to amend an Act of the last Session of Parliament for making tem

porary Provision for the Government of Lower Canada.“IV. And be it enacted, that from and after the passing of this act so much Repeal of the of the said recited act passed in the last session of parliament as provides that it provision of shall not be lawful for any such law or ordinance as therein mentioned to repeal, 1 & 2 Vict. suspend, or alter any provision of any act of the parlianient of Great Britain, or of ing the alterathe parliament of the United Kingdom, or of any act of the legislature of Lower tion of acts of Canada, as then constituted, repealing or altering any such act of parliament, shall parliament; be and the same is hereby repealed: provided always, that it shall not be lawful but no law 'to for the said governor, with such advice and consent as aforesaid, to make

any
law

fecting the or ordinance altering or affecting the temporal or spiritual rights of the clergy of temporal or the united church of England and Ireland, or of the ministers of any other reli- spiritual rights gious communion, or altering or affecting the tenure of land within the said pro- or the chants if vince of Lower Canada, or any part thereof, save so far as the tenure of land may tenure. be altered or affected by any law or ordinance which may be made by the said

(1) Vide Stat. 3 & 4 Vict. c. 35.

be made af.

STAT. 2 & 3
Vict. c. 53.

governor, with such advice and consent as aforesaid, to provide for the extinction of any seignorial rights and dues now vested in or claimed by the ecclesiastics of the seminary of Saint Sulpice of Montreal within the said province, or to provide for the extinction of any seignorial rights and dues vested in or claimed by any other person or persons or body or bodies corporate or politic, within the island of Montreal, or the island called Ile Jesus, within the said province."

c. 30.

Stat. 2 & 3

XLVIII. Stat. 2 & 3 VICTORIÆ, C. 55 (1). A.D. 1839. Vict. c. 55.

An Act to suspend, until the first day of August, One thousand eight kundred

and forty, certain Cathedral and other Ecclesiastical Preferments, and the Oye ration of the new Arrangement of Dioceses (2) upon the cristing Ecclesiastics)

Courts." 5 & 6 Gul. 4, “Whereas an act was passed in the session held in the fifth and sixth years of

the reign of King William the Fourth, intituled, “An Act for protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefits without Cure of Souls, and for preventing the Lapse thereof, during the pending

Inquiries respecting the State of the Established Church in England and Wales:' 6 & 7 Gul. 4, and whereas another act was passed in the following session, intituled, ' An Act in

suspending for one year Appointments to certain Dignities and Offices in Cathedral

and Collegiate Churches, and to Sinecure Rectories:' and whereas another act was 6 & 7 Gul. 4, passed in the same session, intituled, 'An Act for carrying into effect the Report

of the Commissioners appointed to consider the State of the Established Church in

c. 67.

c. 77.

(1) Partially repealed by Stat. 3 & 4 Vict. c. 113, s. 60. Vide etiam Stat. 4 & 5 lit c. 39, s. 28,

(2) Ecclesiastical Preferments, and Arrangement of Dioceses:-
Appointments to certain dignities and offices in cathedral

and collegiate churches, and to sinecure rectories, } 6 & 7 Gul. 4, c. 67.
suspending for one year

7 Gul. 4 & 1 Vict. c. 71.

1 & 2 Vict. c. 108.
Continued by...

2 & 3 Vict. cc. 9 & 55.
3 & 4 Vict. c. 113, s. 60.
4 & 5 Vict. c. 39, s. 28.

5 & 6 Vict, cc. 58 & 112. Commissioners' inquiries, for protecting the revenues of

vacant dignities, prebends, canonries, and benefices
with cure of souls, and for preventing the lapse 5 & 6 Gul. 4, c. 30.
thereof during

6 & 7 Gul. 4, c. 67.
7 Gul. 4 & 1 Vict. c. 71.

1 & 2 Vict. c. 108.
Continued by

2 & 3 Vict. c. 55.
3 & 4 Vict. c. 113, s. 60.
4 & 5 Vict. c. 39, s. 28.

5 & 6 Vict. c. 112.
Commissioners' reports on the state of the established

church, with reference to ecclesiastical duties and 6 & 7 Gul. 4, c. 77.
revenues, so far as they relate to episcopal dioceses,
revenues, and patronage, for carrying into effect

7 Gul. 4 & I Vict. c. 71.
1 & 2 Vict. c. 108.

2 & 3 Vict. c. 55.
Certain expiring provisions continued) 1 & 2 Vict. c. 106.
by and repealed in part by 3 & 4 Vict. e. 113.

4 & 5 Vict. c. 39.
5 & 6 Vict.cc. 26,58, 112.

6 & 7 Vict. c. 60.
Dean of Exeter, or of any other cathedral church, for re-

2 & 3 Vict. c. 14.

R moving doubts as to the appointment of Preferments, relieving from penalties certain spiritual persons and patrons of

7 & 8 Geo. 4, t. 25. rendering valid bonds, covenants, and other 7 & 8 Geo. 4, c. 25,

assurances for the resignation of prefer. 9 Geo. 4, c. 94.

ments in certain cases
suspending certain cathedral and ecclesiastical.... 2 & 3 Vict. c. 55.

8

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c. 108.

England and Wales with reference to Ecclesiastical Duties and Revenues, so far as Stat. 2 & 3 they relate to Episcopal Dioceses, Revenues, and Patronage, in which latter act Vict. c. 55. are contained certain provisions which were to continue in force for one year after the passing thereof, or, if parliament should be then sitting, until the end of the session of parliament: and whereas the said secondly-recited act, and the tempo- 7 Gul. 4 & 1 rary provisions of the said last-recited act, have been continued by two acts passed Vict. c. 71.

1 & 2 Vict. for that purpose in the two last sessions of parliament, until the first day of August in the present year, and, if parliament shall be then sitting, until the end of the session of parliament: and whereas the commission in the said first-recited act mentioned expired in consequence of the demise of the crown, but the inquiries thereby directed, and the measures consequent thereon, have not yet been brought to a termination, and it is therefore expedient to continue the said secondly-recited act, and the temporary provisions of the said thirdly-recited act, for a limited time, and with the exceptions hereinafter mentioned; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said secondly-recited act, and the said temporary provisions Former susof the said thirdly-recited act, shall continue and be in force until the first day of pension acts August one thousand eight hundred and forty, and, if parliament shall be then continued for

a year. sitting, until the end of the then session of parliament: provided always, notwith

Exceptions. standing anything in this act or in the said recited act contained, that upon the vacancy of any three prebends in the cathedral church of Canterbury in the patronage of the crown it shall be lawful for her majesty to appoint a successor to the third of such vacant prebends, and upon the vacancy of any two prebends in the same church in the patronage of the Lord Archbishop of Canterbury, it shall be lawful for the said archbishop to appoint a successor to the second of such vacant prebends; and that upon the vacancy of any two canonries or prebends residentiary in either of the cathedral churches of Bristol, Chester, Ripon, Salisbury, or Wells, it shall be lawful to appoint or elect a successor to the second of such vacant canonries or prebends residentiary in such churches respectively; and that upon the vacancy of two prebends in either of the cathedral churches of Gloucester, Norwich, or Rochester, besides the prebends which are respectively annexed to the masterships of Pembroke Coilege in Oxford, and of Catherine Hall in Cambridge, the provostship of Oriel College in Oxford, and the archdeaconry of Rochester, respectively, it shall be lawful to appoint a successor to the second of such vacant prebends in such churches respectively; and that upon the vacancy of any three canonries or prebends residentiary in either of the cathedral churches of Ely, Exeter, Winchester, or Worcester, or in the collegiate church of Saint Peter, Westminster, or in her majesty's royal free chapel of Saint George in Windsor, besides the prebend in the said church of Worcester which is annexed to the Lady Margaret's professorship of divinity in the university of Oxford, it shall be lawful to appoint a successor to the third of such vacant canonries or prebends residentiary in such churches respectively; and that nothing in the said recited acts or in this act contained shall prevent the appointment of the Reverend Henry Jenkyns, professor of Greek in the university of Durham, to the prebend in the cathedral church of Durham designed for him by the late William bishop of Durham, and now held by Richard Prosser, doctor of divinity, if the same shall become vacant; and that upon the vacancy of any other three prebends in the same cathedral church, besides the fourth prebend, which is by an act passed in the second year of his late majesty's reign to be annexed to the archdeaconry of Durham, it shall be lawful to appoint a successor to the third of such vacant prebends; and that in the same cathedral church, and in the said collegiate church of Saint Peter, Westminster, it shall be lawful to fill up any vacancy whereby the number of prebendaries in such two last-mentioned churches respectively shall be reduced below the number of six; and that when the canonry and prebend in the cathedral church of Hereford now held by Henry Charles Hobart shall become vacant, it shall be lawful to appoint a successor thereto. “ II. And be it enacted, that during the vacancy of any dignity, prebend, Patron of

cure to be

ceses.

Stat. 2 & 3 canonry, or benefice without cure of souls, which is now vacant under the proviVict. c. 55.

sions of the said recited acts, or which shall hereafter become vacant during the vacant sine

continuance of this act, the holder or incumbent of which respectively, if a suc

cessor had been duly admitted thereto, would have been in right thereof the patron patron of any appendant

of any benefice with cure of souls, the patron of such dignity, prebend, canonry, benefice. or benefice without cure of souls shall be considered for all legal purposes to be the

patron for the time being of any such benefice with cure of souls. First-recited “III. And be it declared and enacted, that all the powers and provisions of the act to apply

said first-recited act (except only so far as the same are varied by the said secondly. to present and future vacan.

recited act) shall extend and apply to all dignities, prebends, canonries, and benecies.

fices without cure of souls which have become vacant since the fourth day of February in the first-recited act mentioned, or which shall become vacant during the continuance of this act, except only as to so much of the profits and empoloments of any prebend or canonry to which a successor has been or may be appointed under the said recited acts or one of them, or this act, as may bure

accrued or may accrue since or after the appointment of such successor. Proviso for “IV. Provided always, and be it enacted, that, notwithstanding anything in visitations, &c. this act or in the said recited acts contained, any bishop or archdeacon may bold within new limits of dio.

visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit church wardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons in the places assigned to his jurisdiction and authority, under or by virtue of the enactments of the thirdly-recited act, and any bishop may consecrate a new church or chapel or a new burial ground within his diocese, as assigned

under the provisions of the last-mentioned act. Not to prevent

“V. And be it enacted, that, in order to prevent any difficulty which by appointments reason of the restrictions contained in the said secondly-recited act might occur in to qualify for

any cathedral church in the filling up of the deanery thereof, or of a canonry resiholding a deanery or

dentiary therein, in consequence of the provisions of any statute, or of any ustne

or custom of such church, nothing in the said secondly-recited act or in this ant dentiary. contained shall, during the vacancy of the deanery of any cathedral church, pre

vent the appointment or collation of any spiritual person to any canonry, prebend or dignity, or his appointment to any canonry residentiary in such church, to the intent and purpose that such spiritual person may be appointed, elected, or otherwise admitted to the deanery of the same church, nor the appointment of any spiritual person already holding a canonry, prebend, or dignity in such cathedral church to any canonry residentiary therein, to the same intent and purpose, na during the vacancy of any canonry residentiary in any cathedral church, which, notwithstanding the restrictions aforesaid, may, according to the provisions of ube said secondly-recited act or of this act, be filled up, shall prevent the appointinen: or collation of any spiritual person to any canonry, prebend, or dignity in the same church, to the intent and purpose that such spiritual person may be appointed to such canonry residentiary, but that every spiritual person who by virtue of this provision shall be admitted to any canonry, prebend, or dignity, or to any canours residentiary, to either of the intents and purposes aforesaid, shall hold and enj v the same respectively, with all the rights, privileges, and emoluments to the same respectively belonging or appertaining, subject nevertheless to such measures and regulations as may hereafter be enacted respecting the same: provided always, elut if after the appointment or collation to any canonry, prebend, or dignity, or the appointment to any canonry residentiary, in any cathedral church, by virtue of this provision, of any spiritual person, to the intent and purpose of his being appointed, elected, or otherwise admitted to the deanery thereof, or to a rwant canonry residentiary therein, any other than such spiritual person shall be appointed, elected, or otherwise admitted to such deanery or last meeti med canonry residentiary, as the case may be, the canonry, prebend, or dignity, or the canonry residentiary, to which such spiritual person shall have been appointed or collated, shall be and be held to be ipso facto vacant, and the appointment

, colistion, election, or other admission thereto absolutely void and of no effect."

canonry resi

XLIX. STAT. 2 & 3 VICTORIÆ, C. 56. A.D. 1839.

STAT. 2 & 3

VicT. C. 56. “An Act for the better ordering of Prisons." “XV. And be it enacted, that in every borough gaol and house of correction a Chaplains of clergyman of the church of England shall be appointed to be chaplain thereof, by gaols to be the same authority by which the keeper is appointed, but no such chaplain shall appointed. officiate in any prison until he shall have obtained a licence from the bishop of the diocese, or for any longer time than while such licence shall continue in force; and notice of every such appointment shall, within one month after it shall take place, be transmitted to the bishop by the town clerk.

“XVI. And be it enacted, that no person who shall be appointed after the Chaplains of commencement of this act to the office of chaplain of any prison in which the certain gaols to average number of prisoners confined at one time during the three years next hold no other

benefice. before his appointment shall not have been less than one hundred shall hold any benefice with cure of souls, or any curacy, whilst holding the office of chaplain of such prison; and that in every prison in which the average number of prisoners Assistant chapconfined at one time during the three years next before his appointment shall not luins may be have been less than two hundred and fifty, it shall be lawful for the justices or appointed. other persons having the appointment of the chaplain (1) to appoint, if they shall see fit, an assistant chaplain or assistant chaplains, and for the persons having the control of the funds applicable to the expenses of such prison to fix the salary to be paid to such assistant chaplain or assistant chaplains, and to make orders for the payment thereof out of the fund applicable to those expenses: provided always, that every such chaplain and assistant chaplain shall reside within distance not exceeding one mile from the prison in which they hold their chaplaincies: provided also, that nothing herein contained shall be construed to affect the appointment or the salary of the chaplain of the royal hospital of Bridewell.”

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L. Stat. 2 & 3 VICTORIÆ, C. 62(2). A.D. 1839.

Stat, 2 & 3 "An Act to explain and amend the Acts for the Commutation of Tithes in

Vict. c. 62. England and Wales."(3) Whereas an act was passed in the seventh year of the reign of his late majesty King William the Fourth, intituled, 'An Act for the Commutation of Tithes in England and Wales :' and whereas an act was passed in the first year of the reign of her present majesty to amend the recited act: and whereas an act was passed in the second year of the reign of her present majesty, intituled, 'An Act to facilitate the Merger of Tithes in Land:' and whereas it is expedient to explain and amend the said acts in certain respects : be it therefore declared and enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in every case where any tithes or rent-charge shall On merger of have been or shall hereafter be released, assigned, or otherwise conveyed or dis- tithes or rentposed of under the provisions of the said acts, or any of them, or of this act, for charge, the

(1) Appointment of the chaplain:-Prior mission; but the corporation still continued
to Stat. 5 & 6 Gul. 4, c. 76, the city of Bath to elect one bailiff, who continued to be the
was incorporated by the name of the mayor, keeper of the gaol, and appointed the gaoler.
aldermen, and citizens of the city of Bath. In 1842, a new gaol and house of correction
The charter contained the grant of a gaol, was built under the provisions of Stat. 7
and a limited criminal jurisdiction, to be

Gul. 4 & 1 Vict. c. 71, to which the town
exercised by the recorder and the corporate council had appointed a chaplain : it was
justices, but not extending to felonies. It held, that the right to appoint the chaplain of
also authorized the mayor, aldermen, and the new gaol and house of correction, under
citizens annually to elect two of themselves Stat. 2 & 3 Vict. c. 56, s. 15, was in the
to be bailiffs of the said city, and directed town council, by virtue of their authority to
that the bailiffs for the time being should be appoint the keeper of the prison, and not in
keepers of the gaol of the city. After the the borough justices. Regina v. Bath and
passing of the Municipal Corporation Act, Wells (The Bishop of), 1 D. & M. 173.
the new corporation received the grant of (2) Vide Stat. 3 & 4 Vict. c. 15.
a separate court of quarter sessions, with (3) Vide Stat 6 & 7 Gul. 4, c. 71, s. 71 ;
power to try felonies, and certain persons Stat. 7 Gul. 4 & 1 Vict. c. 69; and Stat. i
were appointed justices for the city by com -

& 2 Vict. c. 64.

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