within the space of two calendar months next after such death or avoidance, or if they cannot agree in adjusting such proportions within the space of one calendar month after they shall have been appointed, the same shall be determined by some neighbouring clergyman, to be nominated by the bishop, whose determination shall be final and conclusive between the parties.

All Money received for Dilapidations, &c. shall be applied in Part of the Payments under the aforesaid Estimate; or in making some additional Improvements, &c.

69. And be it enacted, that all sums of money recovered, or received, by suit or compositions, from the representatives of any former incumbent of such benefice, and not laid out in the repairs of such buildings, shall go and be applied in part of the payments under such estimate as aforesaid; and that all money thereafter to be recovered or received, in case the same cannot be had before such buildings are completed, and the money paid for the same, shall be applied as soon as received in payment of the principal then due, as far as the same will extend; or in case the said mortgage money shall have been discharged, all such money arising from dilapidations shall be paid into the hands of the nominee to be appointed as aforesaid, or of some other person or persons to be nominated by the bishop, in case such nominee shall be dead or shall decline to act therein, to be laid out and expended in making some additional buildings or improvements upon the glebe of such benefice, to be approved by the bishop; and in the meantime, or in case such buildings shall not be necessary, then in trust to lay out the same in government or other good securities, and pay the interest thereof to the incumbent for the time being.

Where new Buildings are necessary for the Residence of the Incumbent, the Bishop may purchase any conveniently situated House, and a certain Portion of Land.

70. And be it further enacted, that where new buildings are necessary to be provided for the residence of the incumbent of any benefice exceeding in value one hundred pounds a year, and avoided after the passing of this act, and where such new buildings cannot be conveniently erected on the glebe of such benefice, it shall be lawful for the bishop to contract, or to authorize, if he shall think fit, the person so to be nominated by him as aforesaid to contract, for the absolute purchase of any house or buildings in a situation convenient for the residence of the incumbent of such benefice, and also to contract for any land adjoining or lying convenient to such house or building, or to contract for any land upon which a fit house of residence can be conveniently built, and to raise the purchase money for such house or buildings and land adjoining, or for such land upon which a house of residence can be conveniently built (as the case may be), by mortgage of the glebe, tithes, rents, and other profits and emoluments arising or to arise from such benefice, in the same manner in all respects as is hereinbefore directed with respect to the mortgage hereinbefore authorized or directed to be made, which mortgage shall be binding upon the incumbent and his successors, and he and they and their representatives are hereby made liable to the payment of the principal interest, and costs, in the same manner and to the same extent as hereinbfore directed with respect to the aforesaid mortgage; and the receipt of such nominee or nominees as aforesaid shall be a sufficient discharge to the person or persons who shall advance or pay the money so to be raised: provided always, that no greater sum shall be charged on any benefice under the authority of this act than four years net income and produce of such benefice (after such deduction as aforesaid).

VOL. XIV.-Nov. 1838.

4 H

Buildings and Lands to be conveyed to Patron in Trust for the Incumbent for the Time being.

71. And be it enacted, that the buildings and lands so to be purchased shall be conveyed to the patron of such benefice and his heirs or successors, as the case may be, in trust for the sole use and benefit of the incumbent of such benefice for the time being and his successors, and shall be annexed to such benefice, and be enjoyed and go in succession with the same for ever; but no contract of purchase made by the nominee shall be valid until confirmed by the bishop by writing under his hand; and every such purchase deed shall be in the form or to the effect contained in the schedule hereunto annexed, and shall be registered in such manner and in such office as the other deeds are hereby directed to be registered.

Governors of Queen Anne's Bounty empowered to lend certain Sums to promote the Execution of this Act.

72. And be it enacted, that it shall be lawful for the governors authorized or appointed to regulate and superintend the bounty given by her late majesty Queen Anne, for the augmentation of the maintenance of the poor clergy, to advance and lend out of the money which has arisen or shall from time to time arise from that bounty, for promoting and assisting the purposes of this act, any sum not exceeding the amount hereby authorized to be raised upon such mortgage and security as aforesaid, and subject to the several regulations of this act, and to receive interest for the same not exceeding four pounds for one hundred pounds by the year.

Colleges in Oxford and Cambridge and other Corporate Bodies, Patrons of Livings, may lend any Sums without Interest, to aid the Execution of this

Act.

73. And be it enacted, that it shall be lawful for any college or hall within the universities of Oxford and Cambridge, or for any other corporate bodies possessed of the patronage of ecclesiastical benefices, to advance and lend any sum or sums of money of which they have the power of disposing, in order to aid and assist the several purposes of this act for the building, rebuilding, repairing, or purchasing of any houses or buildings for the habitation and convenience of the clergy, upon benefices under the patronage of such college or hall, upon the mortgage and security directed by this act for the repayment of the principal, without taking any interest for the same.

Allowance to Person nominated by the Bishop to pay and apply Money. 74. And be it enacted, that it shall be lawful for the said bishop, by writing under his hand, to make such allowance to the person or persons to be nominated by him for the purpose of paying and applying the money so to be raised as aforesaid as he shall think fit, not exceeding the sum of five pounds for every one hundred pounds so to be laid out and expended as aforesaid.

Non-resident Incumbents neglecting to appoint Curates, the Bishop to appoint.

75. And be it enacted, that if any spiritual person holding any benefice, who shall not actually reside thereon nine months in each year, (unless such person shall, with the consent of the bishop, from time to time, signified in writing under his hand, and revocable at any time, perform 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 licence to reside out of the same, or to reside out of

the usual house of residence belonging to the same,) shall for a period exceeding three months altogether, or to be accounted at several times, in the course of any one year absent himself from his benefice, without leaving a curate or curates duly licensed or approved by the bishop to perform such ecclesiastical duties, or shall, for a period of one month after the death, resignation, or removal of any curate who shall have served his church or chapel, neglect to notify such death, resignation, or removal to the bishop, or shall for the period of four months after the death, resignation, or removal of such curate neglect to nominate to the bishop a proper curate, in every such case the bishop is hereby authorized to appoint and license a proper curate, with such salary as is by this act allowed and directed, to serve the church or chapel of the benefice in respect of which such neglect or default shall have occurred: provided always, that such licence 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 distance of the residence of any curate from any such church or chapel which he shall be licensed to serve shall not exceed three statute miles, except in cases of necessity, to be approved by the bishop, and specified in the licence.

Curate to reside on Benefices, under certain Circumstances.

76. And be it enacted, that in every case where a curate is appointed to serve in any benefice upon which the incumbent either does not reside or has not satisfied the bishop of his full purpose to reside during four months in the year, such curate shall be required by the bishop to reside within the parish or place in which such benefice is situate, or if no convenient residence can be procured 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 specified in the licence.

If Duty inadequately performed, the Bishop may appoint a Curate; but
Incumbent may appeal.

77. And be it enacted, that whenever the bishop shall see reason to believe that the ecclesiastical duties of any benefice are inadequately performed, it shall be lawful for him to issue a commission to four beneficed clergymen of his diocese, or if the benefice be within his peculiar jurisdiction but locally situate in another diocese, then to four beneficed elergymen of such last-mentioned diocese, one whereof shall be the rural dean, if any, of the rural deanery or district wherein such benefice is situated, directing them to inquire into the facts of the case; and it shall be lawful for the incumbent of the said benefice to add to such commissioners one other incumbent 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 shall see fit, 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 stipends, to be licensed by him to perform or to assist in performing such duties, specifying 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 requisition so made as aforesaid, 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 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 incumbents, 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 appointment and licence of such curate or curates, to appeal to the archbishop of the province, who shall approve or revoke such requisition, or confirm or annul such appointment, as to him may seem just and proper.

In large Benefices an Assistant Curate may be required.-Appeal.

78. And be it enacted, 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 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 performing the duties thereof, to nominate a fit and proper person 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 nominated to the bishop within three months after his requisition 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 one-fifth part of the net annual value of the benefice: provided always, that such spiritual person 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 approve or revoke such requisition, or confirm or annul such appointment, as to him may appear just and proper.

Stipend to be paid by Committee of Lunatic's Estate.

79. And be it enacted, that in case of a stipend being assigned by the bishop, according to the provisions of this act, to the curate of any benefice, the incumbent whereof shall have been duly found a lunatic or person of unsound mind, the committee of the estate of 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.

(To be concluded in the next Number. )

NOTICES OF MARRIAGE UNDER THE NEW ACT.

TO THE EDITOR OF THE TIMES.

SIR, AS Chairman of the Board of Guardians of the Lincoln Union, I think it my duty, in concurrence with the unanimous wish of the board, to make public the following case, which has occurred under the New Marriage Act.

I remain, your obedient servant,

Lincoln, Oct. 3. A. LESLIE MELVILLE. "At a weekly meeting of the guardians, held on Wednesday, Sept. 26, 1838, "The notice of marriage between Dennis Talbot and Elizabeth Cartledge was read a second time. The notice stated that the parties had both resided, for the term of three weeks, in the parish of Holton-cum-Beckering. On inquiry through the relieving officer and the parish officer, it appeared that there were no

such parties resident or known in the parish; upon which the clerk of the board was directed to enter the following minute on the books :—

"This board are unanimously of opinion, that the above notice of marriage cannot be considered as any notice at all, from its appearing, on inquiry, that the parties do not reside at Holton-cum-Beckering.'

"The clerk of the board having sent a copy of this minute to the registrargeneral, with a full representation of the case, the following answer was received :

"General Register-office, Oct. 1, 1838. "Sir,-By direction of the registrar-general, I beg to acknowledge the receipt of your letter of the 27th ult., and in reply to inform you, that in the case to which you refer, unless the issue of the certificate is forbidden by some person authorized on that behalf, or a caveat is duly entered against the grant thereof, it will be incumbent on you to deliver the certificate as directed by the 7th section of the Marriage Act. “‘I am, Sir, your obedient servant,

"THOMAS MANN, Chief Clerk.

"Robert Cooke, Esq., Superintendent Registrar.'"

INCORPORATED SOCIETY FOR PROMOTING THE ENLARGEMENT, BUILDING, AND REPAIRING, OF CHURCHES AND CHAPELS.

A MEETING of this Society was held at their chambers in St. Martin's Place, on Monday, the 15th October, the Lord Bishop of Rochester in the chair. There were present the venerable Archdeacon Cambridge, N. Connop, jun. Esq., E. H. Locker, Esq., Benjamin Harrison, Esq., J. S. Cocks, Esq., &c.

Among other business transacted, grants were voted towards increasing the accommodation in the church at West Somerton, Norfolk; increasing the accommodation in the chapel at Leinthall Earls, parish of Aymestry, Hereford; repewing and building gallery in the church at Awliscombe, Devon; repewing the church at Waltham, Leicester; building a new gallery in the church at Wood ford, Wilts; increasing the accommodation in the chapel at Broughton, parish of Cartmel, Lancaster; building a new chapel at Crowboro, parish of Withyham, Sussex; enlarging the chapel at Heaton Norris, Lancaster; increasing the accommodation in the church of St. Mary, Nottingham.