present, exists in the minds of many very different classes of persons, and is confirmed in them by much that they see and bear around them. The good which the Missionaries of the dissenting communions, the Baptists especially, are actually ef fecting among the heathens, is strongly defrayed by the voluntary contributions of the parishioners and their friends, aided by a very liberal grant from the parish funds, and a donation of 150/. from the National Society. LAW INTELLIGENCE. Mersea. THIS most important appeal, which was conducted by Mr. Broadrick and Mr. Ryland for the appellant, and by Mr. Jessop and Mr. Knox for the respondents, occupied the Court from 12 o'clock till 7. "It involved the question, which has excited so much interest, since a decision that lately took place in Norfolk, namely, whether the rent is to be taken as a criterion of the occupier's ability, when it is proved that the occupation of his land is productive of no profit; and whether the actual profit, derived from the tithes is not to be taken as the criterion of the tithe-owner's ability; and consequently, whether in a parish in which the occupiers of land derive from it no ability to support the poor, the statute of Elizabeth does not throw the burden upon the tithe-owner exclusively *." counterbalanced by the evil of this false May, v. Parish Officers of West opinion, which many of them avowedly, and all indirectly, are the means of propagating with it. Excepting this obstacle, arising naturally out of the original evil of their separation, which threatens more at future times than at the present, the plant ing of the Church in India, there seems no reason for discouragement. Apprehensions of danger from the native prejudices, are, in the judgment of almost every observer here, without foundation. The experience of the Diocesan Schools, and others where the children of Pagans are instructed, proves that they will admit any thing, provided their errors be not the direct objects of attack; and that while the indolence and sensuality of their native habits bind them most to their superstitions, the hopes of their childrens advancement, are sufficient to make them consent to the method, which more effectually than any other, tends to undermine the same superstitions in them. From the very limited experience I have myself acquired in this country, I can speak with confidence to the fact, that the Scriptures, and other Christian books, even in places the most contradictory to the whole system of idolatry, may be read in Heathen Schools, where Brahimin Pandits are the bearers and teachers, without exciting any alarm or offence whatsoever." P 150. NATIONAL SCHOOLS. ON Monday last the Parochial Charity School at Paddington, which has been lately enlarged on an extensive plan, so as to afford the benefits of moral and religious instruction, and habits of industry, to all the poor children of the parish, was opened by the Lord Bishop of London, Patron, attended by the School Committee, and a numerous and respectable assemblage of visitors. There was a Public Examination of the Children, who acquitted themselves with great credit, both to themselves and their Instructors, and shewed a highly commendable progress in those attainments suited to their condition of life. The new School Rooms, recently erected iminediately opposite the Church, are calculated to contain upwards of 300 Children, and were much admired for the simplicity of their construction and accommodation. The charge of the new building will be Mr. Broadrick, in his opening, stated that Mr. May, the impropriator of the great tithes of West Mersea, had, in April last, been raised in his assessment to the sum of 3461. 12s., being 4s. per acre on 1733 acres of land; no alteration having at that time been made on any other proprietor in the parish. Against that rate he appealed, on the ground that he was assessed at the whole value of the tithes; whereas the land was charged at 10s. per acre, which was only two-fifths of its value. Mr. B. observed that there were several admissious agreed upon between the parties, that the question might be decided upon its merits, and not evaded by any tech *The part marked with commas here and elsewhere, is taken from the Essex Herald of July 23, 1822. nical objections. It was also admitted that the productive value of the great tithes was 4s. per acre. On a question from the Court as to the precise extent of that admission, there appeared some little confusion in the explanation, but it was understood that 4s. per acre was the sum paid by several occupiers as a composition in the usual way, and that the appellant had offered to compound with all at that price. case, and which he had no doubt he should establish, although it would be attended with fearful consequen ces, and would involve in ruin the whole of that species of property which the appellant possessed. But he saw nothing more likely than the decision of the present case to call the attention of the legislature to the necessity of altering the exist ing law upon this subject, and of giving that protection to agriculture which was so loudly demanded. He urged that both land and tithe were to be assessed alike according to their productive value; and that in this case he should shew, that the produce of the tithes was abun dantly more than the sum at which it was now rated; but that to the occupier of land there was no profit or rateable value whatever. Two Surveyors, "Mr. Lake and Mr. Creek," living in the neighbourhood, and acquainted with the lands in West Mersea, were called, who calculating on the produce of a supposed farm of 210 acres, agreed in stating the produce at the present prices of grain, exclusive of seed, corn, and of the oats, clover and turnips for horse feed and cattle, to be about 8481. The expences, inclusive of parochial assessments, and of tithes, namely, 4s. per acre for great, and 1s. 6d. for small tithes; and of seven per cent, to the occupier for interest of capital and profit, were estimated at about 585., leaving 2627. 10s. for rent, at 25s. per acre, with 10s. over in the accurate balance of the account as given in Court. On cross-examination it appeared that they had omitted to charge for manure brought on the farm, which might be 207. These gentlemen agreed also in stating that they considered one-fourth of the land or one-fifth of the aggregate of land and tithe, as the value of the great and small tithe together; from which one-fourth was to be taken as the value of the small tithe. Therefore it the land was worth 25s. per acre, (and they expressed no doubt of being able to find occupiers at that price) 6s. 3d. would be the value of the whole tithe, and about 48. Ed. the value of the great tithe alone, which might be let for 4s. On the part of the respondents, Mr. Jessop represented the extreme importance of the principle, for which he should contend in this In proof, two Surveyors, "Mr. Rogers and Mr. Dawson," were called, who, taking the whole quantity of land paying great tithe at 1733 acres, and calculating the produce of about 1246 acres now in crop, estimated the whole produce at about 82207., the tenth of which was 8227. Deducting 28. for every acre in crop for the cost of collecting, &c. there would be left 6971., the value of the tithe. These gentlemen calculated the whole expenses to be such as left only is. 24d. per acre for rent and profit; and denied that there was any pro fit on stock as given in the account on the other side. Mr. Smith, an occupier, who had been overseer of West Mersea, was called, from whose evidence it appeared that on a farm of 95 acres, he had for some time paid 3001. rent; but that last year he paid only 1507. which he said he paid out of his crop and earnings; that if corn continued at its present price, he could not pay that rent, he could not get a living, he had been losing money, be could not do better than by daylabour. Mr. Knox, for the respondents, in commenting on the evidence, urged that the sum of 6971. was the productive value of the tithes assessable to the poor-rate; and that his clients far from having any productive value, were actually losers; that even if the land was admitted to be worth 20s. per acre, and not worth nothing as he contended, nor worth 25s. as contended by the appellant, still the appellant was not entitled to any abatement, as the respondents had allowed themselves to be rated at 10s. per acre, one-half of the supposed value; and the appellant, at the present assessment of 3461, was not assessed quite one-half of the sum of 6971. On a question by the Court to one of the Surveyors, on the part of the respondents, whether the tithes would let for that suin, or whether they would let for 4s. per acre, he answered, he did not know whether they would let for 4s. perhaps they might. Mr. Broadrick in reply, contended that as the sum of 6971. was taken from the extended value of every part of the produce, and included many outgoings, the rates themselves and others, it could not be considered as the clear let-able value, and therefore not the rateable value: that the value which might be paid as an average rent, clear of any subsequent expenses, was the rateable value; "that the principle recognized by the law, as the foundation of the assessment on real property, was to assume the value of it from the rent, either paid or (which is the same thing for this purpose) agreed to be paid; that the value was not to be calculated according to the productive return of the particular year for which the rate was made, but according to the average thereof, to be collected from the rent. The King and Parroit was cited to shew that it had been decided, that occupiers were rateable, though they made no profits, but incurred losses: and Lord Kenyon in that case said, though the tenant derives no profit, and the t landlord is the person only benefited, yet the rate must be upon the tenant, and paid by him. The case also of the King and Mirfield (a very modern one) shews that underwoods, cut but once in 21 years, are liable to be rated every year according to the annual rent, and not only in the year in which they supply the occupier with the means of paying, and may be said to furnish him with the ability to contribute to the rate; Lord Ellen borough observing, “ that it is not necessary that any of the profits should have been actually reaped during the period for which the rate was made, but the property is at all times rateable according to the rent that may be expected from it." The Court decided that the rate be amended, and that the appellant be assessed for the great tithes at 1731. 6s. Several points of minor importance respecting a farm called Willhouse farm, and land on the beach, were also decided, and some small alterations were made in the rate; but they were of no interest. The Magistrates on the Bench at the time of the decision, which we believe was unanimous, were J. Disney, Esq. Chairman, Hon. J. G. Strutt, Hon. G. Wisen, M. Leake, Esq. Z. Batton, Esq.-Rorde, Esq. Archdeacon Wollaston, and Rev. J. R. Holden, of Upminster. Chelmsford, 18th July, 1822. ABSTRACT OF THE MARRIAGE AMENDMENT ACT. 3 Geo. 4. c. 75. "1. So much of 26 G. 2. c. 33. as 'annuls marriages by licence where either party is a minor, and not a widower or widow, had without consent of the father of the minor, or if he is dead, without consent of some one lawfully appointed guardian, and if no such guardian, then of the mother, if living and unmarried; or if no such mother, of a guardian or guar dians appointed by Chancery,' is repealed as to any marriage to be solemnized after 224 July 1822. “2. All marriages solemnized by licence, before 22d July 1822, without any such consent as required by 26 G. 2. c. 33. s. 11. where the parties have continued to live together as husband and wife, till the death of either, or till 22d July 1822, or have only discontinued their cohabitation for the purpose or during the pending of any proceedings touching the validity of such marriage, are declared valid, if not otherwise invalid. Nothing in this act shall make valid. "3. Any marriage declared invalid by any court of competent jurisdiction, before 22d July 1822; nor any marriage where either party has afterwards, during the life of the other, lawfully married another person. Nor, "4. Any marriage, the invalidity of which has been established before 22d July 1822, on trial of any issue touching its validity, or the legitimacy of any alleged descendant of such marriage. Nor, 5. Any marriage, the validity of which, or the legitimacy of any alleged descendants of the parties has been duly brought into question in proceedings at law or in equity, in which judgments, decrees, or orders of court, have been made before 22d July 1822, in consequence of proof of such invalidity or ille gitimacy. "6. If any real or personal property or title of honour has been possessed before 22 July 1822, upon the ground or under colour of the invalidity of any mar riage had without aforesaid, then, though no sentence or judgment has been pronounced in any court against its validity, the right in such property or title shall not be affected by this act. "7. Nothing in this act shall affect any thing done before 22 July 1822, under anthority of any court, or in administration of any personal estate or effects, or in the execution of any will, or performance of any trust. "8. No licence for any marriage shall, after 1st September 1822, be granted till oath has been made by the persons, and to the effect by this act required.-If both or either of the parties are alleged to be of the age of 21 years or upwards.— Oath by such parties respectively, that they are respectively, and that each of them believes the other to be of the full age of 21 years or upwards.—An extract or extracts from the register of the baptism of the party or parties alleged to be of fuil age, if such register is in England, and can be found, must also be produced, to the person from whom such licence is required, and each of such extracts must be proved on oath of some other person or persons, to be a true extract, and to relate to the baptism of the party to whom it is alleged to relate, or according to the belief of the person swearing; but if such register is not in England, or cannot be found, that fact must be proved on oath, to the satisfaction of the person from whom the licence is sought; and some person having knowledge of the party or parties so alleged to be of full age, shall swear to that fact, stating the grounds for such knowledge or belief.—If both parties are under 21 years of age, but are alleged to be a widower and widow.-Oath by each party as to himself and herself, and as to his and her belief with respect to the other. If one of the parties is of the age of 21 years, but the other is under that age, and a widower or widow.-Oath by both parties accordingly, as to himself and herself, and as to his and her belief with respect to the other.-If both or either of the parties are under the age of 21 years, not being a widower or widow.Like oath: And that the consent of the person or persons whose consent is required by law to the marriage, has been given.-In all cases, except special licences, from Archbishop of Canterbury, Oath shall be made by each party for whose marriage a licence is sought, of the residence of such parties for four weeks immediately before granting such licence, according to 26 G. 2. c. 33. "9. The consent of those whose consent is required by law, shall be given in writing, signed by such persons; and the signature shall be attested by two or more subscribing witnesses: such consent shall fully describe the person or persons consenting, and shall state their authority to give the same, as lawful parent or guardian or guardians of the party to whose marriage it is given; and no licence shall be granted for the marriage of any minor, not being a widower or widow, unless such consent in writing is delivered to the person from whom such licence is sought, and unless one of the attesting witnesses shall swear that he saw such consent signed by the person or persons who appear to have signed it, and that he also saw the other witness sign the attestation of such signature: and that the names of the persons so subscribed to such consent and attesting its signature, are of their proper and respective hand-writings; and some person (not being one of the parties for whose marriage the licence is sought) shall also swear that the person or persons who have signed such consent as lawful parent or guardian, &c. of the party to whose marriage such consent is required, is or are, to the best of his knowledge and belief, the lawful parent or guardian or guardians, of such party, and has or have authority to give such consent; and that the person making such oath well knows such parent or guardian, &c. and also the party to whose marriage such consent is required. 10. The oaths required by this act, in order to obtain a licence, shall be sworn before a surrogate of the person from whom any such licence is sought, or of some other person having power to grant such licenses: and wilful perjury in such oaths shall be punished as such. And any person convicted of wilfully obtaining a licence for the marriage of such person, or of another, by means of any false oath or instrument in writing, contrary to this act, knowing such oath or instrument to be false, shall be liable to transportation for life as a felon and any such convict who is married by means of such licence, shall forfeit to the king all right and benefit ac cruing by such marriage: which forfeiture may be disposed of at his majesty's discretion, notwithstanding any grant of forfeitures, or other thing to the contrary. "11. The oaths and instruments reqnired by this act in order to obtain a licence shall be duly preserved by the proper of ficer of the person authorized by law to grant such licence, and shall be transmitted by the officer granting such licence to the registrar of the diocese, within ten days after such grant, together with a copy of the licence so granted, and shall be there filed and preserved: and entries shall be made of such licence and instruments in a calendar to be kept for the purpose of easy reference: which calendar, copy of licence and instruments, may be inspected by all persons at all season, able times. "12. In every licence for marriage, the facts on which it has been founded shall be stated, as also that they have been fully proved, as required by this act. "13, Any officer of any person authorized to grant any such licence who shall not daly observe the provisions in this act respecting the same, is guilty of misdemeanor, and shall be punished accordingly. 14. No person shall, after 22 July 1822, grant any licence for marriage except the Archbishops of Canterbury and York, according to the rights now vested in them respectively, and the other Bishops within their respective dioceses, for the marriage of persons, one of whom is resident at the time within the diocese of the bishop in whose name such licence is granted, such residence to be proved in manner hereinbefore directed. And the archbishops and bishops shall make such orders for the observance of their officers as they deem necessary for the more effectual performance of the duties of the lat ter under this act and any such officer not duly observing all such orders, is guilty of misdemeanor, and shall be punished accordingly. "15. No marriage solemnized by licence shall be impeached on the ground that any of the forms necessary to entitle the parties to receive a licence have been neglected, or have been executed in a dif. ferent manner from that above required. 66 16. Banns shall not be published pursuant to 26 G. 2. c. 33., till an affidavit or affidavits sworn before the minister of such church or chapel, or some justice of peace, by the parties for whose mar. riage such banns are required to be published, shall be delivered to such minister, stating truly their christian and surnames, and the house or houses of their respective abode within such parish or chapelry, or within an extra-parochial place adjoining to such parish, &c, if both abide therein: or of one of the parties, if one only abides therein: and stating the time during which such parties respectively, or one of them if one only abides therein, have dwelt in such house or houses, as occupiers or lodgers: and also stating either that both parties have attained the age of 21 years, or if one or both of them is or are under that age, stating those facts. Any person wilfully swearing falsely in any such affi davit shall be guilty of and punished for perjury, and shall forfeit to the king all estate and benefit derived from any marriage under such banns, to be disposed of as the king shall see fit, notwithstanding grant of forfeitures, or other thing to the contrary. "17. Banns shall not be published till the true christian and surnames of the parties, and the house or houses of their respective abodes within such parish, chapelry, or extra-parochial place, as stated in such affidavit, are affixed on the principal door of and in some conspicuous place within the said church or chapel, in which such banns shall be so published, and shall remain so affixed till the expiration of the three Sundays on which such bauns shall be published. "18. Every minister receiving any such affidavit, shall deliver it to the church or chapel-warden of the church or chapel in which such banns are published, and the |