Page images

tained their freedom : but though instruct. The Rev. Mr. Hough introduced the ed at the School in the principles of the subjeet to the Acting Governor, wbo enChristian religion, none of the latter have tered fully joto the measure, and immebeen baptized. .

diately gave orders for the preparation of " There is also at present a more con- a Chapel, of which I was reqnested to onstant and regular attendance than for- dertake the duties. To this I readily as merly. The general number of those sented, contident of the approbation of the lately attending the morning School, ave. Society. The Chapel was originally one of raged about 170-it is at present above a number of huts, which were ereeted as a 200; for it cannot be expected that the at- temporary barrack, and which has been tendance can be quite regular, particolarly very neatly fitted up for Divine Service, at on the part of the slaves, whose time is not the public expence, I officiated there for at their own disposal.

the first time on Sunday, the 22d of July. “ I have distributed a considerable The congregation, on that day, amounted number of the National School-books to 70, which was thought a considerable which I received from the Society; but we number for the Winter season; but it has are very much inconvenienced by not sivce so much increased, that there are having a sufficient number of Alphabets, sometimes 120 or 130, and scarcely ever Arithmetical Tables, and National School- less than 100. I expect that the congrebooks, Nos. 1 and 2. In tue Dutch de- gation will be much more namerons in the partment, there is a great want of good Summer moothis, which are just commencelementary books. I am not certain ing. It has not yet been thought advisable whether the National School-books have to have the Sacraments adıninistered there, been translated into Datch ; if they liavų, as it was deemed -xpeclient to wait for the a supply of them wonld be particularly arrival of Lord Charles Somerset, whose gratifying, as they would be far superior sanction would be necessary for the code to those now in use. The re-organi- tinwance of the measure, and whose supzation of the School lias, particularly in the port, which I have no doubt it will receive, commencement, occupied a great deal of would be of the utmost consequence. It is time and trouble, and the School will con- also my intention, on Lord Charles Sotinue to require a strict attention on my merset's arrival (which is daily expected) part, as I am almost the only visitor; but to endeavour to have a School established, I have been also latterly engaged in other on the principles of the National System, duties, an account of which I proceed to which I trust will be productive of much lay before the Society.

good, both among the white and black po * At the distance of eight miles from pulation. I have bad sone difficulty is Cape Town, is the village of Wyoberg, procuring a good Clerk, in whicis I have consisting chiefly of a number of scattered at length succeeded, and have, with his cottages, in which, as well as in the inme- assistance, formed a very decent choir of diate neighbourhood of the village, reside singers. It will, perhaps, be right to in. inany families, both Dutch and English, form the Society, that, though attended who have no opportunity of attending with sonje expence, all the doties bave Divioe Service, unless at Cape Town, been gratuitonsly performed." P. 136. The consequence is, that many of the

Extract from the Correspondence of

Emtenet from the lower orders have been entirely without the benefit of religionis instruction for

Professor Mill. years, and the distance often renders it too « The impulse given to tlor public mind inconvenient for those of the better order here, with respect to the obligation of into attend their Church in town. The vi- proving the state of the native population, cinity of the village, particularly in the bot is indeed remarkable; and the conviction mopths, is the residence of many of the among the more reflecting and religions most respectable of the inhabitants, as part of the European society, seenus to be well as invalids from India, who come here gaining ground, that this improvement must to enjoy the benefits arising from a cooler involve in it the introduction of Chris atmosphere, tbe thermometer being at least tianity, and siould be conducted accord. six degrees lower than in Cape Town, ing to the sober principles, the apostolical There are also some officers and soldiers doctrine and discipline of our Church. The stationed bere. Among the inhabitants great difficulty with which we have 10 - Inpst also be included a number of slaves, contend, is the fuejudice which associates and some Hottentots.

every endeavour of this nature, witb hos. "A House of Worship appeared to be sility to the establishment; a prejudice, here particularly wanting, and was much which though contradicted by intumerable Wished for by many of the inhabitants. testimonies both in former tiunes and the

present, exists in the minds of many very defrayed by the voluntary contributions of different classes of persons, and is con- the parishioners and their friends, aided by firmed in them by much that they see and a very liberal grant from the parish funds, bear around them. The good which the and a donation of 1501. from the National Missionaries of the dissenting communions, Society, the Baptists especially, are actually ef. fecting among the heathens, is strongly

· LAW INTELLIGENCE. . coun'erbalanced by the evil of this false opinion, which niany of them avowedly,

May, v. Parish officers of West and all indirectly, are the means of pro

Mersea, pagating with it. Excepting this obstacle, This most important appeal, which arising naturally out of the original evil of

was conducted by Mr. Broadrick their separation, which threatens more at future times than at the present, the plant

and Mr. Ryland for the appellant, ing of the Church in India, there seems no

and by Mr. Jessop and Mr. Knox reason for discouragement. Apprehen- for the respondents, occupied the sions of danger from the native prejudices, Court from 12 o'clock till 7. “ It are, in the judgment of almost every ob. involved the question, which has exserver here, without foundation. The ex- cited so mucb interest, since a dea, perience of the Diocesan Schools, and cision that lately took place in Nor. others wliere the children of Pagans are folle

folk, namely, whether the rent is to instructed, proves that they will admit any thing, provided their errors be not the

be taken as a criterion of the occu. direct objects of attack; and that while pier's ability, when it is proved that the indolence and sensuality of their native the occupation of his land is pro. habits bind them most to their super. ductive of no profit; and whether stitions, the hopes of their childrens ad- the actual profit, derived from the vancement, are sufficient to make them

e them tithes is not to be taken as the cri

tithes is not to be consent to the method, which more ef

terion of the tithe-owner's ability; fectually than any other, tends to undermine the same superstitions in them. From and consequently, whether in a pa. the very limited experience I have myself rish in which the occupiers of land acqnired in this country, I can speak with derive from it no ability to support confidence to the fact that the Scriptures, the poor, the statute of Elizabeth and other Christian books, even in places does not throw the burden upon the the most contradictory to the whole system tithe.owner exclusively *.” of idolatry, may be read in Heathen

Mr. Broadrick, in his opening, Scbools, where Bralımin Pandits are the bearers and teacbers, withont exciting any

stated that Mr. May, the impropri- . alarm or offence whatsoever.” P 150. ator of the great tithes of West

Mersea, had, in April last, been NATIONAL SCHOOLS.

raised in his assessment to the sum On Monday last the Parochial Charity of 3461. 12s., being 4s. per acre on Scbool at Paddington, which has been 1932 acres of land. no alteration lately enlarged on an extensive plan, so as to afford the benefits of moral and religious

having at that time been made on instruction, and habits of industry, to all any other proprietor in the parish, the poor children of the parish, was opened Against that rate he appealed, on by the Lord Bishop of London, Patron, the ground that he was assessed at attended by the School Committee, and a the whole value of the tithes; wherenumerous and respectable assemblage of as the land was charged at 10s. per visitors. There was a Public Examination

acre, which was only two-tifths of of the Children, who acquitted themselves

its value. Mr. B. observed that with great credit, both to themselves and their Instructors, and shewed a highly there were several admissious agreed commendable progress in those attainments upon between the parties, that the suited to their condition of life. The new question might be decided upon its School Rooms, recently erected imune- merits, and not evaded by any techdiately opposite the Church, are calcnlated to contain upwards of 300 Children, and were much admired for the simplicity of * The part inarked with commas here their construction and accommodation. and elsewhere, is taken from the Essex The charge of the new building will be Herald of July 23, 1822.

nical objections. It was also ad. case, and which he had no doubt he mitted that the productive value of should establish, although it would the great tithes was 4s. per acre. be attended with fearful consequenOn a question from the Court as to ces, and would involve in ruin the the precise extent of that admission, whole of that species of property there appeared some little confusion which the appellant possessed. But in the explanation, but it was under- he saw nothing more likely than the stood that 4s. per acre was the sum decision of the present case to call paid by several occupiers as a com- the altention of the legislature to position in the usual way, and that the necessity of altering the exist. the appellant bad offered to com- ing law upon this subjeci, and of pound with all at that price.

giving that protection to agricnlure Two Surveyors, “ Mr. Lake and which was so loudly demanded. He Mr. Creek,” living in the neighbour- urged that both land and the were hood, and acquainted with the lands to be assessed alike according to in West Mersea, were called, who their productive value; and that in calculating on the produce of a sup- this case he should shew, that the posed farm of 210 acres, agreed in produce of the tithes was abulistating the produce at the present dantly more than the sum at which prices of grain, exclusive of seed, it was now rated; but that to the corn, and of the oats, clover and occapier of land there was no proturnips for horse feed and cattle, to fit or rateable value whatever. be about 848l. The expences, in. - In proof, two Surveyors, “ Mr. clusive of parochial assessments, and Rogers and Mr. Dawson,' were of tithes, namely, 4s. per acre for called, who, taking the whole quangreat, and 1s. 6d. for small titbes; tity of land paying great tithe at and of seven per cent, to the occu- 1733 acres, and calculating the propier for interest of capital and pro- duce of about 1:246 acres now in fit, were estimated at about 5851., crop, estimated the whole produce leaving 2021. 10s. for rent, at 258. at about 82201., the tenth of which per acre, with 10s.over in the accu- was 8221. Deducting 28. for every rate balance of the account as given acre in crop for the cost of collectin Court. On cross-examination it ing, &c. there would be left 6971., appeared that they had omitted to the value of the tithe. - These gencharge for manure brought on the tlemen caleulated the whole ex. farm, which might be 201. These penses to be such as left only gentlemen agreed also in stating that 1s. 2 d. per acre for rent and profil; they considered one-fourth of the and denied that there was any proland or one-fifth of the aggregate of fit on stock as given in the account land and tithe, as the value of the on the other side. Mr. Smith, an great and small tithe together; from occupier, who had been overseer of which one-fourth was to be taken West Mersea, was called, from as the value of the small tithe. whose evidence it appeared that on Therefore it the land was worth 258. a farm of 95 acres; be had for some per acre, (and they expressed no time paid 3001, rent; but that last doubt of being able to find occu- year he paid only 1501, which he piers at that price) 6s, 3d. would be said he paid out of his crop and the value of the whole tithe, and earnings; that if corn continued at about 4s. 8d, the value of the great its present price, he could not pay tithe alone, which might be let for that rent, he could not get a living, 4s.

he had been losing money, bę On the part of the respondents, could not do better than by daya Mr. Jessop represented the extreme labour.. imporiance of the principle, for: Mr. Knox, for the respondents, which he should contend in this in commenting on the cvidence,

urged that the sum of 6971. was landlord is the person only benefited, the productive value of the tithes yet the rate must be upon the assessable to the poor-rate; and tenant, and paid by him. The case that his clients far from having any also of the King and Mirfield (a productive value, were actually very moderu one) shews that underlosers; that even if the land was woods, cut but once in 21 years, admitted to be worth 20s. per acre, are liable to be rated every year and not worth nothing as he con according to the annual rent, aod tended, nor worth 25s. as contended not only in the year in which they by the appellant, still the appellant supply the occupier with the means was not entitled to any abatement, of paying, and may be said to furas the respondents had allowed nish him with the ability to contri. themselves to be rated at 10s. per bute to the rate ; Lord Ellenacre, one-half of the supposed value; borough observing, “ that it is not and the appellant, at the present necessary that any of the profits assessment of 3461. was not assessed should have been actually reaped quite one-half of the sum of 6971. during the period for which the On a question by the Court to onę rate was made, but the property of the Surveyors, on the part of the is at all times rateable according respondents, whether the tithes to the rent that may be expected would let for that suin, or whether from it.” they would let for 4s, per acre, he T he Court decided that the rate answered, he did not know whether be amended, and that the appellant they would let for 4s. perhaps they be assessed for the great tithes at might.

1731. os. Mr. Broadrick in reply, contended : Several points of minor importhat as the sum of 6971. was taken tance respectiog a farm called Willfrom the extended value of every house farm, and land on the beach, part of the produce, and included were also decided, and some small many outgoings, the rates them- alterations were made in the rate; selves and others, it could not be but they were of no interest. considered as the clear let-able The Magistrates on the Bench at value, and therefore not the rateable the time of the decision, which we value: that tlie value which might believe was unanimous, were J. Disbe paid as an average rent, clear of ney, Esq. Chairman, Hon. J. G. any subsequent expenses, was the Strutt, Hon. G. Wisen, M. Leake, rateable value ; “ that the principle Esq. Z. Baiton, Esq.-Rorde, Esq. recognized by the law, as the foun- Archdeacon Wollaston, and Rev. j. dation of the assessment on real R. Holden, of Upainster. . property, was to assume the value Chelmsford, 18th July, 1822. of it from the rent, either paid or (which is the same thing for this ABSTRACT OF THE MARRIAGE purpose) agreed to be paid ; that AMENDMENT ACT. the value was not to be calculated

3 Geo. 4. c. 75. according to the productive return

4 1. So much of 26 G. 2, c. 33. as "ayof the particular year for which the puls marriages by licence whiere either rate was made, but according to the party is a miyor, and not a widower or average thereof, to be collected widow, lad without consent of the father from the rent. The King and Par- of the minor, or if he is dead, without rott was cited to shew that it had ' consent of some one lawfully appointed been decided, that occupiers were

guardian, and if no such guardian, then guardian, a

of the mother, if living and unmarried ; or ratcable, though they made no pro.

if no such mother, of a guardian or guarfits, but incurred losses: and Lord dians appointed by Chancery,' is repealed Kenyon in that case said, though as to any marriage to be solemnized after the tenaut derives no profit, and the 22d July 1822.

" 2. All marriages 'solemnized by it be proved on oath of some other person cence, before 22d Joly 1822, without or persons, to be a true extract, and to any such consent as required by 26 G. relate to the baptism of the party to whom 2. c. 33. 8. 11. where the parties have it is alleged to relate, or according to the continued to live together as husband and belief of the person swearing ; but if such wife, till the death of either, or till 22d register is not in England, or cannot be July 1822, or have only discontinued found, that fact must be proved on oath, their cohabitation for the purpose or dur. to the satisfaction of the person from ing the pending of any proceedings touch whom the licence is songht; and some ing the validity of snch marriage, are de person having knowledge of the party or clared valid, it not otherwise invalid. Noparties so alleged to be of full age, shall thing in this act shall make yalid,

swear to that fact, stating the grounds for “ 3. Any marriage declared invalid by such knowledge or belief. If both parties any court of competent jurisdiction, be- are under 21 years of age, but are alleged fore 22d July 1822; nor any marriage to be a widower and widow,- Oath by where either party has afterwards, during each party as to himself and herself, and the life of the other, lawfully married an- as to his and her belief with respect to the other person. Nor,

other. If one of the parties is of the age “ 4. Any marriage, the invalidity of of 21 years, bot the other is onder that which has been established before 220 age, and a widower or widow,- Oath by July 1822, on trial of any issue touching both parties accordingly, as to himself and its validity, or the legitimacy of any als herself, and as to his and her belief with leged descendant of such marriage. Nor, respect to the other.-If both or either

“ 5. Any marriage, the validity of of the parties are under the age of 21 which, or the legitimacy of any alleged years, not being a widower or widow.descendants of the parties has been duly Like oath : And that the consent of the brought into onestion in proceedings , at person or persons whose consent is relaw or in equity, in which judgments, quired by law to the marriage, has been decrees, or orders of court, have been given. In all cases, except special limade before 22d' July 1822, in conse- cences, from Archbishop of Canterbury, quence of proof of such io validity or ille -Oath shall be made by each party for gitimacy.

whose marriage a licence is sought, of the “ 6. If any real or personal property residence of such parties for foar weeks or title of honour has been possessed be immediately before granting such licence, fore 22 July 1822, upon the ground or according to 26 G. 2. c. 33. under colour of the invalidity of any mar. “9. The consent of those wliose conriage bad without aforesaid, then, though sent is required by law, shall be given in no sentence or judgment has been pro- writing, signed by such persons ; and the nounced in any court against its validity, signature shall be attested by two or the right in such property or title shall not more snbscribing witnesses : such consent be affected by this act..

shall fully describe the person or persons “ 7. Nothing in this act shall affect any consenting, and shall state their authority thing done before 22 July 1822, under to give the same, as lawful parent or guaranthority of any conrt, or in administra- dian or guardians of tbe party to whose tion of any personal estate or effects, or in marriage it is given ; and no licence shall the execution of any will, or performance be granted for the marriage of any minor, of any trust.

not being a widower or widow, unless « 8. No licence for any marriage shall, such consent in writing is delivered to the after 1st Septeinber 1822, be granted till person from whom such licence is sought, oath has been made by the persons, and and unless one of the attestiog witnesses to the effect by this act required.- If shall swear that he saw such consent both or either of the parties are alleged to signed by the person or persons who apbe of the age of 21 years or upwards.- pear to have signed it, and that he also Oath by such parties respectively, that saw the other witness sign the attestation they are respectively, and that each of of such signature : and that the names of then believes the other to be of the full the persons so subscribed to such consent age of 21 years or upwards.-An extract and attesting its signature, are of their or extracts from the register of the bap- proper and respective hand-writings; and tison of the party or parties alleged to be some person (not being one of the parties. of full age, if sych register is in Eogland, for whose marriage the licence is songht) and can be found, must also be produced, shall also swear that the person or persons to the person from whom such licence is who have signed such consent as lawful required, and each of such extracts must parent or guardian, &c. of the party to

« PreviousContinue »