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This is remarkably attested by a regular attend ance of 30 or 40 at every weekly communion; on the first Sunday of the month, from 80 to 90. On last Christmas Day, 195; on Easter Day, 370. Again, by the number of candidates for confirmation, amounting this year to 112; and also by the number of persons, not fewer than 600 or 700, who attend on every Sunday night to hear what is said to their children during the three months of preparation for that rite.-Q. 978. 1014. 1023.

the provinces may, we think, be stated generally as
proceeding from one cause-t
-the overgrowth of popu-
lation caused by the mining, the manufacturing, and
the commercial enterprise of the country.

By whom, it may be asked, ought the necessity
thus caused to be relieved? The answer is not
difficult; by the employers of that labour. Nor
does this plain truth seem to be denied. Dr. Rush-
ton, late Archdeacon of Manchester, tells us, that
the claim is very often, nay, commonly, recognized,
and by Dissenters as well as Churchmen. He men-
tioned several cases of great liberality, which will be
found in his evidence.

We cannot doubt that there are many other instances of similar liberality, though they have not been stated to us.

But when, a century ago, a sudden impulse was given to manufacturing and subsequently to mining enterprise, and a consequent influx of commercial riches was accompanied by a prodigious increase of population, the possessors of this new born wealth were not always equally alive to the religious claim upon them. But wealth brings with it duties as well as rights; and can there be a plainer duty than that they who are enriched by the bodily labour of the masses around them should take thought and make provision for the souls of those whom their successful enterprise has called into existence or brought together?

Another expedient to meet the want of churches is thus stated by the Secretary of the London Diocesan Church Society: "Our experience of late has led us, in most cases, where it is expedient to cut away a district, and we are able to get a site for a church, generally to advise either the building of a school church or the erection of a temporary church, and by that means, and by placing a clergyman there, people are attracted." After a few years, the congregation is collected as a nucleus in this school church [or temporary church], by which time the church can be built. The temporary churches are of iron or wood [sometimes of stone], and can be erected at a very moderate charge. When superseded by the church, they may be moved to some other district. The same witness, on a subsequent day, said, "Where the people have been alienated from Divine service, and have left off the habit [much more where they have never had the habit], it is advisable to begin with something less formal than a Yet, in spite of these obvious considerations, we permanent church. It is found by experience that often hear it said that the funds in the hands of the the people are more willing to come to a temporary Ecclesiastical Commissioners ought to provide the church, or a school church, and so be gradually means of spiritual instruction for the densely peopled educated and led on to a permanent church." The towns of Lancashire and Yorkshire. We are far experience of Rev. J. F. Lingham, Rector of Lambeth, from recommending that no such aid should be has brought him to a similar conclusion.-Q. 719. given, especially where there is a hope of stimulating 729. 1251. 5945-7. the exertions of millowners and other great employers of labour; but, be it recollected, that not less than 600,000l. has been already given from that quarter to the mining and manufacturing districts; for, all, or almost all, the 200 endowments, which have been given under Sir Robert Peel's Act, have been given to those districts, thus crippling, to a great extent, the power of the Commissioners to act elsewhere.

The desirableness of short services in the church, especially where the people consist of working men, has been stated by more than one witness. As the lawfulness of the bishop's power to authorize such services is sometimes questioned, it may be deemed proper to pass a declaratory Act, that any bishop may, by licence under his hand, permit the incumbent to use any such short service to be approved by himself at any time in church, provided that it consist entirely of prayers and thanksgivings taken without alteration from the Book of Common Prayer, and lessons from the Holy Scriptures; and provided also that all the services required to be used, be used at some appointed time on every Sunday.-Q. 473. 725.

The Committee are also of opinion, that it is desirable to multiply the services of the Church, and thereby provide church accommodation by the opening of pews at those services to the parishioners generally; and they recommend that power be given to the bishops, by a Bill to be brought in for that purpose, to direct, in cases where practicable, and where due provision can be so made, measures to be taken accordingly.

We cannot quit the consideration of the duty of employers to attend to the spiritual interests of those who labour for them, without calling attention to the case of the Woolwich Arsenal, as stated in the evidence of the Rev. W. Acworth, Vicar of Plumstead. Plumstead, in Kent, eight years ago, had a population of 2000, "almost exclusively agricultural;" it has now about 14,000, an increase caused entirely by the Government works at Woolwich. Within the last eight or ten years, have been added not less than 3000 or 4000 houses, occupied by the families of workmen. From the great mass of this population, the parish church, capable, when full, of holding only 350, is distant a mile and half. The Government is in the position of proprietor of a large extent of land in the parish.-Q. 1361.

lation, and the small means of religious instruction,
offered 1500/. himself, and raised 2501. in the
parish;" but this being all he could effect, he
returned the money to those who had given it, and
left the parish.

In enumerating the various efforts which have An attempt to meet this urgent demand for a been made to alleviate the spiritual destitution of the new church was made by the late incumbent, who, metropolis, the Committee cannot overlook the "disheartened by seeing the increase of the popuvarious societies whose praiseworthy exertions have been alluded to in the evidence. The recent date of the formation of many of these societies tends to show that there exists an increasing disposition on the part of the laity to contribute both their money and their time towards the objects of promoting the spiritual instruction of the people, and of assisting the ill-paid and overworked clergy of their own and of other parishes.

There are some expedients which have been called forth by the special circumstances of particular cases, and may, therefore, be useful as examples in their principle rather than in their details.

The most remarkable case of this kind is that of the Plaistow Mission, which owes its origin to Rev. Mr. Marsh, Minister of the parish, and Mr. Brady, Registrar of Public Securities in the Admiralty. This gent'eman's evidence gives a most interesting proof of what can be accomplished by judgment, zeal, and perseverance in the cause of Christian love under the most discouraging circumstances, and in spite of the most formidable difficulties, physical and moral.

The spiritual wants of the populous districts in

schools were opened on Sundays for Divine worship, and were attended by not fewer than a thousand children and adults. But the inconvenience being exceedingly great in making arrangements weekly for converting the school into a place of worship, the vicar applied again to the Secretary for War, who very kindly said to him, "If you can raise 15007. in the parish, I will guarantee, or at least will recommend to the Treasury to make an additional grant of 15007." This sum was raised, the vicar himself giving 500l. towards it. But the expense of purchasing the land and of enclosing it, leaving but " very small sum for a very small building," he renewed his application to the Secretary for War, and received an official answer that he would recommend to the Treasury to make an additional grant of 5001. That recommendation the Treasury rejected; on the recent change of Government it was again urged, and again rejected.

&

It is stated in evidence that "several noble lords and gentlemen" who had inspected the parish, addressed a memorial to the Secretary for War, representing the urgent necessity for further assistance on the part of the Government. This communication was sent down to the authorities at the arsenal, to the four gentlemen who preside over the laboratory, the carriage department, the gun factory, and the storekeeper's department; they, at the request of the Secretary for War, held a private meeting, and reported,

66 That if the Government would do what was thus recommended, not to say any thing of moral considerations, it would be a matter of extreme economy; that they would find an ample return for the charge of providing for the spiritual instruction of those people in their improved morality and industry." We cannot conclude this subject without expressing an earnest hope that the Secretary for the War Department will urge most strongly upon the Treasury the claims of the workmen in the arsenal for adequate spiritual instruction.-Q. 1373.

In connexion with the great towns of England, it has been stated in a letter of the Rev. Dr. Hook to the Bishop of Ripon, which will be found in the Appendix, that it is much to be lamented, that the best educated of our clergy are not commonly found in the great manufacturing towns where their influence is most required. This leads to the consideration of the great importance of providing generally, so far as may be practicable, for the better endowment of livings in large towns, in order that there may be greater inducement to clergymen of ability and experience to accept the charge of populations so circumstanced.

The evidence of Dr. Baylee gives a specimen of a combination of theological with pastoral training at the College of St. Aidan's, Birkenhead, where the experiment seems to have been successful during the time in which it has been conducted, at a cost to the students of 80%. per annum, including all expenses, except travelling and clothes.-Q. 5061. 5063.

The training for pastoral work is unquestionably & desirable object; but it must not be forgotten, that one great danger at present is the low standard of theological learning among the clergy of our populous districts, whose time is occupied almost entirely in the business of their ministry. They cannot find much leisure to add to the stock of knowledge with which they entered on their ministerial charge. It is important, therefore, that they should come to it as fully instructed as is possible. An experiment on another and strictly parochial plan has been tried in the parish of St. George's in the-East, the particulars of which may be seen in the evidence of Rev. Bryan King. He calls it a " Parochial Mission."--Q. 2121.

The present vicar, as soon as he succeeded to the benefice, made application to the Government for aid in the endeavour to raise funds for the erection of a new church. The Government promised a grant of 1001.; upon which the vicar, after stating his own willingness to sacrifice two years' income, The evidence of Archdeacon Thorp, Warden of and give 10001. for the erection of a new house or the University of Durham, encourages a hope that school, and a church, expressed his surprise "that the means of obtaining an excellent foundation of the Government, who had created the population, theological learning may be furnished there to some should have thought themselves relieved from their extent for the education of young men of small responsibility by giving him 100." The matter pecuniary means, at a very low rate of expense, as was brought under the notice of the House of Com-future curates of places where no considerable emomons, upon which occasion the Clerk of the Ord-lument could be afforded. Thirty such young men nance stated that they had not been inattentive to the spiritual necessities of the parish, and that they had made a grant of 1000l. towards the erection of schools. The schools were erected with this money, and 3207. raised by the contributions of 3859 subscribers, 2000 of them giving less than 1s. These

might live collegiately together at a cost of something more than 401. per annum, having all the benefit of the same sound theological teaching which is afforded to the other students in that university by its eminent tutors and professors.-Q. 4784, &c.

There has recently been established a " Clergy

Mission College," in London, with a similar in-investigation as to the pews and seats claimed to be benches, quite different from the rest of the church. tention; an account of it will be found in the held in each parish church or chapel by faculty or He after a while " preached strongly against the evidence of the Rev. George Nugee. This college prescription; that where such claims shall be esta exclusive system of appropriation, and advocated the cannot claim the testimony of experience in its blished to the satisfaction of the Commissioners, a throwing of the seats open and free." Having thes favour; but the sanction given to it by the Bishop record of the same, to be kept in the registry of the prepared his way, he called on the holders of the of London, as president, by a most respectable body diocese, should be made. We think it extremely seats in succession to allow him to have the doors of lay and clerical trustees, and by the patronage of desirable that all claims, where no faculty or legal taken off their pews, and to put up a notice in the several bishops, seems to afford no light security for prescription exists, should be finally extinguished; church, declaring that every seat of which the dor | its future usefulness. There can be no doubt as to the but we feel considerable difficulty in suggesting was taken off was perfectly free to all persons. At value of a practice frequently adopted by young men measures to effect that end. When persons claim- the same time he announced his object to be t previous to ordination, of placing themselves under ing such rights decline to come forward before the remove the pews altogether-all except ten conthe care of an experienced clergyman, who can at Commissioners to establish them, we can discover no sented; but the pews of those ten were taken down once superintend their theological studies, and gra- hardship in precluding them from asserting a title with the rest, and this was done in avowed relian dually initiate them into the pastoral duties of their hereafter; but more doubt may be entertained as to on the principle of law, "that the church was the future office, and we regret that this practice cannot the course fit to be pursued, where the claim is common right of the parishioners," and if the whole be universally introduced.-Q. 4076. asserted but rejected by the Commissioners. Expense of the population was larger than the church could The Committee's attention has been given to what is so material a consideration in these matters, that accommodate, "no parishioner had a right to approis commonly called "the Pew System," including we do not feel justified in recommending any mode priate any portion of the area." The principle be within the meaning of that expression, seats of a of trial which would subject the parties to any legal afterwards found confirmed by the authority of Sir form and size inconveniently large, obstructing sight costs. To invest the Commissioners with full power John Nicholl (in Fuller v. Lane, Add. Ecc. Reports, and sound, and also involving in many cases a con- finally to determine all these questions, will be the 425). The pews being thus removed, he seated tinued retention of or claim to seats by persons who course most effectual for their speedy decision. the whole of the nave of the church and one-half of may have ceased to reside in the parish or to frequent "When once the claims at present existing are each of the aisles with chairs, similar to those in the the church. By the operation of this system it disposed of, we are of opinion that the greatest Crystal Palace, slightly modified, with a small shelf frequently happens that the poorer classes of the difficulties in the way of beneficial apportionment of at the top, and, underneath the seat, a place for parishioners are to a great extent practically ex-church-room will be removed. books. These chairs were supplied for 77. 10s. per cluded from the parish church. It is stated on the 100. From his experience of three years, he is authority of Sir John Nicholl, that "all the pews in sure that to have an entirely open area, with movea parish church are the common property of the able "chairs, would be more attractive to the pooparish; they are for the use, in common, of the ple than even seats that were entirely free."—Q. parishioners, who are all entitled to be seated 4144. 4150. 4169. 4176. 4180, 4181. 4259. orderly and conveniently, so as best to provide for the accommodation of all." The Committee must not be understood as condemning altogether the appropriation of seats.-Q. 4181.

On this subject we refer to the Report made in 1832 to his late Majesty. That report must be deemed of the very highest authority, as emanating from a commission which comprised all the most eminent judges in the Courts of Common Law and of Doctors' Commons: Lord Tenterden, Chief Justice of the King's Bench; the late Lord Wynford; Sir N. C. Tindal, Chief Justice of the Common Pleas; Sir Wm. Alexander, Lord Chief Baron of the Exchequer; Sir J. Nicholl, Dean of the Arches; Sir C. Robinson, Judge of the Court of Admiralty; Sir Herbert Jenner; Dr. Lushington; Sir C. E. Carrington, and Mr. Cutlar Ferguson; the late Archbishop of Canterbury; the late Bishops of London, Durham, Lincoln, St. Asaph, and the present Bishop of Bangor.

The recommendations of this Report, respecting pews and seats in the body of the church, are as follows:

"The right of placing the parishioners in the first instance will then remain with the churchwardens; by their authority quiet possession will be ensured, until a change of circumstances shall require some alteration for the benefit of the parishioners. The archdeacon, we think, may be safely intrusted with the power of remedying any evils which may arise from indiscretion in the churchwardens, and we therefore propose that the archdeacon should be invested with authority finally to regulate the right of sitting in all pews and seats not held by faculty or prescription.

At first, several of the higher order were much opposed to the change, and a few continue to dislike it; but the number of those who dislike it has greatly diminished, and many of them have even expressed a feeling of satisfaction. "There has been a change of feeling; and, with regard to the church, it is looked upon as the common house of God, and as quite different from what it was when it was divided into private properties."—Q. 4197.

"In cases where pews are annexed to houses by faculty or prescription, the courts of common law would still retain their jurisdiction to afford a remedy, when any infringement on these rights has been On a subsequent day another witness presented committed; except that it is not fitting that the himself to confirm the statement of this clergyman, convenience of the parishioners in general should be Mr. Andrews, a solicitor of Sudbury, who volunsacrificed to the exclusive accommodation of any tarily, and from attachment to the Church, had held individuals; and therefore we submit, that in all the office of churchwarden during the last twelve cases where it may be expedient to repair, enlarge, years. He bore testimony to the success of "the or rebuild the church, it shall be competent to the altered arrangements, in inducing a vast number to bishop or archdeacon to direct pews, though held by attend the services of the church, who never thought faculty or prescription, to be removed; and on the of attending them before;" and, "it has added church being restored, the owners of such pews shall greatly to the number of communicants, in a conbe entitled to other pews in lien thereof, as nearly as siderable proportion from among the poor." The may be of the same size, and with the same con- amount of population in this parish is about 2000; venience of situation. the accommodation in church is for 800 or 900,Q. 4965. 4970.

"In other cases, where the archdeacon's authority may be disobeyed, it will be expedient to give the individual aggrieved a right of action against the disturber; and in this action, as a title to sue, it should be only necessary to produce the archdeacon's written authority.

We have dwelt on this particular case thus largely, not only because it has been an experiment soberly conducted during more than three years, but also because it is based on a principle of law applicable to every parish church in England. Unhappily, by "We are also humbly of opinion that great benefit far the largest number of churches in the densely would arise from extending these arrangements to peopled districts are not parish churches under the pews and seats in chancels; and if this be done, the common law. We have seen in many of our great reparation of all seats not enjoyed by exclusive title towns, especially in Birmingham, and Manchester, would be a burden, to which the parishioners at and Liverpool, how injurious to the spiritual interlarge would, with justice and propriety, be sub-ests of the poor the exclusive practice has proved. jected." We cannot abstain from expressing an earnest hope, that some plan may be devised by which every church in the land may be made to be, what it ought to be, a common sanctuary in which the rich and the poor meet together.

"The existence of claims to the exclusive enjoyment of pews in the body of the church, by faculty or prescription, has of late years produced injurious consequences, especially in parishes where there has been a large increase of population. Sometimes these exclusive rights prevent an arrangement of the church-room the most beneficial for the general accommodation. In some instances these pews remain unoccupied, either from the decay of the houses to which they were originally annexed, or from other circumstances. Perhaps one of the most detrimental effects arising from prescriptive titles, is the giving rise to an infinite number of claims founded on possession only, and which, should they be investigated, might not be legally maintainable. For practical purposes, it is not easy to define what is absolutely necessary to constitute prescription, and consequently claims are set up of a doubtful character, which greatly impede the churchwardens, Returning to the normal state of things, where it and in some cases the court, in making those ar- remains unaffected by any special privilege, we have rangements for the distribution of the church-room, seen that the body of every parish church belongs of which the interests of the parish most require. common right to all the parishioners; and this right With reference both to our previous recommenda- cannot lawfully be defeated by any permanent aptions and with a view to introduce some improve-propriation of particular places. ments which may be productive of benefit, we have agreed humbly to suggest to your Majesty the following propositions.

"That in future no faculties shall be granted permanently, annexing to any messuage a pew in the church or chancel.

"That a commission shall issue in each diocese, directed to the archdeacon or archdeacons, or one or more of the rural deans, requiring them, in conjunction with two other individuals, to make a ful

Such are the recommendations in the Report of 1832 on the subject of church seats. Yet, notwithstanding this, it has been already shown in this Report that a contrary state of things has extensively prevailed.

We proceed to state somewhat in detail the particulars of a case in which this evil has been over

One manifest effect of such a change would be to remove what is now in many cases a chief part of the means of maintenance of the clergyman; but against this it has been urged that the offerings of the whole congregation, if the church were made free, would far more than compensate the loss of pew-rents. Mr. Herford has, in a paper appended to his evidence, stated, with especial reference to Manchester, that in an average parish, such as those in Manchester, containing from 7000 to It will be seen in the evidence given by Rev. W. 20,000 people, whether mostly rich or poor, the K. Molyneux, Incumbent of St. Peter's, Sudbury, amount received will be larger than on the present in the county of Suffolk, that when he first became [the pew-renting] plan, for these among other minister of that parish, more than three years ago, reasons: 1. Because the pew system limits the he found the parish church for the most part appro- clergyman's support to a small number of families, priated in pews to particular families and individuals, able and willing to undertake beforehand the payleaving the remainder with "narrow uncomfortable ment of a stated sum; whereas the Church's system

come.

calls upon every one to give, and no one, if properly compensation to the incumbents of the original
taught, can refuse to give something to that sup-
port: 2. Because of those who pay pew-rents, none,
it may be assumed, pay more than they can afford;
whereas it is plain, that many rich pay for the
space they occupy less than they could and ought to
pay.

He subjoins calculations, in proof of the efficacy of his principle, into which we do not think it necessary to enter. There is evidence, given by other witnesses, which tend to confirm his conclusions to some extent. We refer to a letter to a Member of this Committee from the Hon. Colin Lindsay, which is given in the Appendix. Statements, however, to a somewhat different effect have been made by others, and we point attention to a letter from the Rev. Edward Harland to a Member of the Committee, also given in the Appendix.

parish churches for fees and offerings surrendered,
and until endowments shall be found for the minis.
ters, to be thus made incumbents of new parishes.
To obtain this necessary object, we beg to call your
Majesty's attention to the report of your Majesty's
Commissioners for inquiring into episcopal and
capitular revenues, from which we are led to infer,
that if their recommendations are carried out, a sum
sufficient to meet these requirements may, in the
course of a few years, be available from the re-
sources of the Church itself."

Upon this passage in the Report we would ob.
serve, that the recommendations of the Commis.
sioners of Church Inquiry, in 1836, have for some
years been gradually brought into operation by the
Ecclesiastical Commission, and at present about
82,000l. a year is appropriated to the augmentation
and endowment of parochial cures; besides lands,
tithe rent-charges, and sums of money granted for
the erection of parsonage-houses, or for other per-
manent objects, all which have been devoted to
meeting the spiritual destitution of the country.
The increase of the resources of the Ecclesiastical
Commission will increase their ability to meet this
destitution; but our foregoing recommendation
giving a preferential claim to those places from
which the revenues of the Commissioners arise,
will operate in diminution of the amount generally
available.

Without voluntary aid, to the full extent of the sum mentioned above, the object of meeting the necessities of the country cannot be obtained. Such voluntary aid the Committee do not despair of seeing obtained if the matter be fairly and plainly represented to the people. Large as the sum is, it is really small when compared with the riches of this great empire. More than double the sum is already voluntarily paid every year for even the tax on the one article of tobacco. A far greater amount is the tax on the annual consumption of spirituous liquors.

Be it remembered, too, that there are gradations of poverty. It has been stated in evidence, that in a very poor population of 14,000, there are not a few to whom a low seat-rent, giving them a right to claim a property in their seats, is more welcome than seats absolutely free. On the other hand, there are many who stay from church because they are ashamed not to pay. Again, there are parishes, or parts of parishes, pervaded by a more abject poverty, in which the sordidness of their clothes is made by many a reason, or an excuse, for absent ing themselves altogether from church. The ministers of parishes such as these affirm, that one obvious mode of meeting their various difficulties is, to provide more frequent services in church, thus practically increasing the number of churches, and so economize in church building. On this particular, indeed, almost all are agreed that the great want of our Church is the want of more clergymen, not merely for multiplying the opportunities of public worship, but far more for pastoral visiting. To supply this want throughout the land demands a very large amount of funds, for, as the lowest stipend of a clergyman ought to be not less than 100%., the permanent supply of an endowment for Again, if we look at the amount upon which every additional clergyman would cost 30001.; and income-tax is levied, we find an annual income of as by a very low estimate a thousand additional 230,000,000!., it will appear that a sum equal to clergymen are required, not less than 3,000,000/. 3d. in the pound of the rated income of the country would satisfy the demand. And such an endow-in a single year would suffice. We cannot, indeed, ment, as the minimum, ought to be in every parish, hope that all, or even a large proportion of those independent of all voluntary collections; for such who pay the taxes first mentioned, will voluntarily collections cannot fail to have a prejudicial effect on tax themselves for the building or endowing of the energies of the most zealous and able minister. churches. But in a country so rich, there must be One of this character, having the offer of a con- far more than enough of persons, who would considerable sum of money for the building of a church tribute what is necessary, if their liberality and in his own overpeopled parish, felt himself com- their Christian principles be properly appealed to. pelled, by his own experience, to refuse the offer- This, however, is a matter on which it is not for us "Not towards the building," said he, "but towards to report any special recommendation; it is suffithe endowment. I would not wish any clergyman cient that we have indicated our deep sense of the to undergo the same anxiety that I have, and until necessity of such a voluntary effort. there is an endowment, I will not put a stone on the ground." Whether he were right, or not, in thus insisting on endowment before the building of the church, there are few who will not agree that an endowment ought to be in every parish.-Q.

926. 943.

ACTS OF PARLIAMENT.

Public General Acts passed Anno Vicesimo Primo et
Vicesimo Secundo Victoria Regin.

CAP. XXV.

An Act to amend the Act concerning Non-parochial
Registers, and the Acts for Marriages, and for
registering Births, Deaths, and Marriages, in
England, and concerning Vaccination.
[14th June, 1858.]

Whereas by an Act passed in the session of Parliament holden in the third and fourth years of Her Majesty, chapter ninety-two, "for enabling courts of justice to admit non-parochial registers as evidence of births or baptisms, deaths or burials, and marriages," provisions were made for the deposit in the general register office of certain non-parochial registers, and for making the same receivable in evidence, and other provisions were thereby made in relation to such registers: and whereas by commission under the Great Seal, bearing date the first day of January in the twentieth year of the reign of Her Majesty, certain persons were appointed commissioners to inquire into the state, custody, and authenticity of any registers or records of births or baptisms, deaths or burials, and marriages lawfully solemnized, kept in England or Wales, other than the parochial registers, and the copies thereof deposited with the diocesan registrars, and which had not been inquired into and examined by certain former commissioners, and also for inquiring whether any and what measures could be beneficially adopted for collecting and arranging all or any of such registers or records, and for depositing the same, or copies thereof, in the office of the registrargeneral of births, deaths, and marriages in England, or for otherwise preserving the same, and also for considering and advising the proper measures to be adopted for giving full force and effect as evidence in all courts of justice to all such registers as were found accurate and faithful, and for facilitating the production and reception of the same: and whereas by the report of the said commissioners, bearing date the thirty-first day of December, one thousand eight hundred and fifty-seven, it appears that they have received two hundred and ninety-two non-parochial registers or records, and that of this number two hundred and sixty-five have after examination, as in such report mentioned, been judged by them to be accurate and faithful, and that a certificate to that effect, and signed by three of the said commissioners, has been affixed to each of such two hundred and sixty-five registers or records; that there are certain cases, however, where only some of the entries have been found accurate and faithful, and that in these cases the certificate has been so framed as clearly to distinguish such entries from the rest, and to confine the sanction of the commissioners to the unobjectionable portion of the registers; and a complete list of the registers thus wholly or partially sanctioned by the said commissioners is annexed to their report in the Appendix (A) thereto; and the said commissioners have by their said report recommended that a Bill be introduced into Parliament providing that the registers or records in the custody ate tithe rent-charges, or of money for the purchase of the said commissioners, and certified in the manof the same, for the endowment of any benefice ner described (and hereinbefore mentioned), should with the cure of souls, to an amount not exceeding be deposited in the general register office in the 3001. per annum. This might usefully be combined custody of the registrar-general of births, deaths, with some well-considered provision, enabling par- and marriages in England, and should then be ties to acquire rights of patronage in benefices below deemed to be in legal custody and be receivable in a prescribed value, having a population of a pre-evidence in all courts of justice, subject as in the scribed amount, in the gift of public officers, or of said report mentioned: Be it therefore enacted by bodies corporate or sole. To some extent, this is the Queen's most Excellent Majesty, by and with already effected by the 19th and 20th Vict., cap. the advice and consent of the Lords spiritual and 104; but the extension of the principle is worthy temporal, and Commons, in this present Parliament of consideration. assembled, and by the authority of the same, as follows:

In order to afford additional facilities for providing churches, the Committee recommend that a tenant for life should be enabled to grant a limited amount of land for churches and parsonage-houses, a privilege which has already been given for sites of schools by the 4th and 5th Vict., cap. 38.

How is so large a sum to be raised? We are not In conclusion, in order to give effect to the feelprepared, for obvious reasons, to recommend any ings and convictions of every Churchman in favour application for a grant of public money. One expe- of the permanent endowment of churches, we candient, indeed, for raising a portion of such a sum not forbear recommending that the Mortmain Acts from a public source has already been submitted to be so far relaxed, as to admit bequests of impropriHer Majesty, and subsequently, by command of Her Majesty, to both Houses of Parliament. The second Report of the Commissioners for Subdivision of Parishes in 1851, mainly consists of a recommendation to raise a fund by the sale of benefices in the gift of the Lord Chancellor.

We presume not to add any recommendation of our own to the authority which this Report already bears. We simply deem it our duty to recall it to the attention of the House, in connexion with the other matters committed to us.

We must, however, observe upon this plan that it applies only to the finding means for providing the additional churches which those Commissioners deemed to be necessary, not to the endowment of them. The Report, before it concludes, refers to this subject also. "We have only further to consider what funds may be attainable for the endowment of the proposed 600 new churches; for giving

And the Committee have directed the Minutes of Evidence taken before them, together with an Appendix, to be laid before your Lordships.

I. Certain registers to be deposited with the registrar-general.-The registrar-general of births, deaths, and marriages in England shall receive and deposit in the general register office all the registers and records of births, baptisms, deaths, burials, and marriages now in the custody of the said commis

CAP. CVIII.

Twenty-first Victoria, Chapter Eighty-five. [2nd August, 1858.] Whereas in the last session of Parliament an Ast was passed, intituled An Act to amend the Law relating to Divorce and Matrimonial Causes in England and whereas it is expedient to amend the same: Be it therefore 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, as follows:

I. The judge ordinary of the Court for Divorte and Matrimonial Causes may sit in chambers.—It shall be lawful for the judge ordinary of the Court for Divorce and Matrimonial Causes for the time being to sit in chambers for the despatch of such part of the business of the said court as can in the opinion of the said judge ordinary, with advantage to the suitors, be heard in chambers; and such sittings shall from time to time be appointed by the said judge ordinary.

sioners, and which they have by their said report sary for the coroner to sign his name, description, recommended to be deposited in the general register and place of abode in the register, as required by office in the custody of the said registrar-general, section twenty-eight of the said Act; but the An Act to amend the Act of the Twentieth and and which are mentioned in Appendix (A) to their registrar shall enter in the column of the register said report. book in which the signature of the informant of the II. Certain other registers may be deposited in death is in other cases required to be made a methe office after examination by order of Secretary morandum as follows; "Information received from of State. And whereas certain non-parochial regis- [inserting the name of the coroner], coroner for ters and records in addition to those mentioned in inquest held [date of inquest] ;" and any the said report of the said commissioners were sent register of death containing such entry shall be to them before the date of such report, but too late receivable in evidence in like manner as if signed by to allow of such registers or records being examined the coroner as required by the enactment in that and reported on by them, and other non-parochial behalf herein before recited; and the written inregisters or records have been sent to them since the formation furnished as aforesaid by the coroner shall date of their said report: It shall be lawful for one be kept by the registrar until the delivery by him to of Her Majesty's principal secretaries of state to the superintendent registrar as required by law, of a appoint or authorize three or more persons to inquire certified copy of the entry of such death, and shall into the state, custody, and authenticity of the non-be delivered together with such certified copy to the parochial registers or records of births or baptisms, superintendent registrar, and shall be by him sent deaths or burials, and marriages, which have been with such certified copy to the registrar-general, and sent to the said commissioners as aforesaid, and shall be thereafter kept in the general register office. have not been reported on by them, and such of the VI. So much of 6th and 7th Vict., cc. 85 and same registers or records as the persons so autho- 86, and 7th Wil. IV., and 1st Vict., c. 22, as prorized shall find accurate and faithful, they or three of vides that the cost of register books, &c., to be paid them shall certify under their hands as fit to be to registrar-general, repealed.-So much of the placed with the other registers and records hereby Acts of the session holden in the sixth and seventh directed to be deposited in the general register office, years of King William the Fourth, chapters eightyand the registrar-general, upon receiving the certi- five and eighty-six, and of an Act of the session ficate of such persons and an order of one of Her holden in the seventh year of King William the Majesty's principal secretaries of state for this pur- Fourth and the first year of Her Majesty, chapter pose, shall receive such registers and records and twenty-two, as provides that the cost of registerdeposit them in the general register office. books of births and deaths, marriage register-books, and forms of certified copies thereof respectively, and of marriage notice books furnished by the said registrar-general, shall be paid by guardians, or by churchwardens and overseers, or by the registering officer of the Society of Friends called Quakers, or the secretary of any Synagogue of persons professing the Jewish religion, and also so much of the said Act of the sixth and seventh years of King William the Fourth, chapter eighty-five, as enacts that the cost of forms of certificates for marriages furnished by the said registrar general to any superintendent registrar shall be accounted for by such superintendent registrar to the said registrar-general, shall be repealed.

III. Sections 5 to 19 of 3 and 4 Vict., c. 92, to extend to the registers deposited under this Act.The provisions of the said Act of the third and fourth years of Her Majesty, from section five to section nineteen, both inclusive, and the rules, orders, and regulations made under the said Act, shall extend and be applicable to the registers or records deposited in the general register office under this Act, in like manner as the same are applicable to the registers or records deposited under the said Act of the third and fourth years of Her Majesty. IV. Power to increase salary of registrar-general, but to include all duties under this Act, &c.-So much of the Act of the session holden in the sixth and seventh years of King William the Fourth, chapter eighty-six, as enacts that the salary of the registrar-general of births, deaths, and marriages in England shall not at any time exceed the sum of one thousand pounds yearly, shall be repealed; and it shall be lawful for the commissioners of Her Majesty's Treasury to appoint from time to time the salary of the said registrar-general, so that the same shall not at any time exceed the sum of twelve hundred pounds yearly; the salary so to be appointed to be deemed to include the remuneration for all -duties which under any Act or Acts of Parliament the said registrar-general is or may hereafter be appointed or required to perform.

VII. So much of the 16th and 17th Vict., c. 100, as enacts that vaccination forms shall be furnished to registrars, and delivered by them to medical officers and practitioners, repealed.—And whereas by the Act of the session holden in the sixteenth and seventeenth years of Her Majesty, chapter one hundred, it was enacted, that the said registrar-general should within two months after the passing of that Act frame and provide such books, forms, and regulations as he might deem requisite for carrying into full effect the provisions of that Act, and should transmit the same to the superintendent registrars of each district in England and Wales, who should deliver to the medical V. Information of particulars furnished by officers appointed as in the said Act mentioned, and coroner to be in writing, and signed by him, and other duly qualified medical practitioners in the entry in register need not be signed by him.-And said district, such of the said books, forms, and whereas by section twenty-five of the Act of the regulations as they might require for the performsession holden in the sixth and seventh years of ance of the duties imposed upon them by that Act, King William the Fourth, chapter eighty-six, it was and the expenses to be incurred by the registrarprovided, that in every case in which an inquest general under the provisions of that Act should be should be held on any dead body the jury should inquire of the particulars therein required to be registered concerning the death, and the coroner should inform the registrar of the finding of the Registrars to deliver books, &c., to medical jury, and the registrar should make the entry ac- officers, &c., without requiring payment for the cordingly; and it was by section twenty-eight of the same. The said enactment, except so much thereof same Act enacted, that every person by whom the as directs the registrar-general to frame and proinformation contained in any register of birth or vide such books, forms, and regulations as therein death under that Act should have been given should mentioned, shall be repealed; and the registrarsign his name, description, and place of abode in the general shall transmit from time to time to the register, and no register of birth or death according registrar of births and deaths in every sub-district to that Act should be given in evidence which should such books, forms, and regulations as may be requinot be signed by some person professing to be the site for the use of the medical officers appointed as informant, and to be such party as was therein in the said Act mentioned, and other duly qualified required to give such information to the registrar: medical practitioners in the sub-district; and every The information to be furnished to any registrar such registrar shall deliver to such medical officers by a coroner, under the provisions herein before and practitioners respectively, without requiring recited, shall be in writing signed by the coroner, payment for the same, such of the said books, which shall specify, in addition to the particulars forms, and regulations as they may require for the required as aforesaid, the time and place at which performance of the duties imposed upon them by the inquest was holden; and it shall not be neces- that Act.

defrayed in the same manner as the expenses under
the said Act of the sixth and seventh years of King
William the Fourth, chapter eighty-five:

II. The treasury to cause chambers to be provided.—The commissioners of Her Majesty's treasury shall from time to time provide chambers in which the said judge ordinary shall sit for the despatch of such business as aforesaid, and until such chambers are provided the said judge ordinary shall sit in chambers in any room which he may find convenient for the purpose.

III. Powers of judge when sitting in chambers. The said judge ordinary when so sitting in chambers shall have and exercise the same power and jurisdiction in respect of the business to be brought before him as if sitting in open court.

IV. The registrars to do all acts heretofore dose by surrogates.-The registrars of the principal registry of the Court of Probate shall be invested with and shall and may exercise with reference to proceedings in the Court for Divorce and Matrimonial Causes the same power and authority which surrogates of the official principal of the Court of Arches could or might before the passing of the twentieth and twenty-first Victoria, chapter seventy-seven, have exercised in chambers with reference to proceedings in that court.

V. Evidence on which divorce obtained prior to 20 and 21 Vict., c. 85, may be used in support of petition in the Court for Divorce and Matrimonial Causes.-In every cause in which a sentence of divorce and separation from bed, board, and mutual cohabitation has been given by a competent ecclesiastical court before the Act of the twentieth and twenty-first Victoria, chapter eighty-five, came into operation, the evidence in the cause in which such sentence was pronounced in such ecclesiastical court may, whenever from the death of a witness or from any other cause it may appear to the court reasonable and proper, be received on the hearing of any petition which may be presented to the said Court for Divorce and Matrimonial Causes.

VI. Wives deserted by their husbands may apply to the judge for an order to protect property, &c., acquired by them.-Every wife deserted by her hus band, wheresoever resident in England, may, at any time after such desertion, apply to the said judge ordinary for an order to protect any money or property in England she may have acquired or may acquire by her own lawful industry, and any property she may have become possessed of or may become possessed of after such desertion, against her husband and his creditors, and any person claiming under him; and the judge ordinary shall exercise in respect of every such application all the powers conferred upon the Court for Divorce and Matrimonial Causes under the twentieth and twenty-first Victoria, chapter eighty-five, section twenty-one.

VII. Provisions respecting property of wife to extend to property vested in her as executrix, &c.— The provisions contained in this Act and in the said Act of the twentieth and twenty-first Victoria, chapter eighty-five, respecting the property of a wife who has obtained a decree for judicial separation or an order for protection, shall be deemed to extend to property to which such wife has become

or shall become entitled as executrix, administratrix, or trustee since the sentence of separation or the commencement of the desertion (as the case may be); and the death of the testator or intestate shall be deemed to be the time when such wife became entitled as executrix or administratrix.

for Divorce and Matrimonial Causes, and whether the
same was transacted before the full court or before
the judge ordinary, shall, as well between proctor
or attorney or solicitor and client, as between party
and party, be subject to taxation by any one of the
registrars belonging to the principal registry of the
Court of Probate, and the mode in which any such
bill shall be referred for taxation, and by whom the
costs of taxation shall be paid, shall be regulated by
the rules and orders to be made under the Act of
the twentieth and twenty-first of Victoria, chapter
eighty-five, and the certificate of the registrar of the
amount at which such bill is taxed shall be subject
to appeal to the judge of the said court.

XIV. Power to enforce decree as to costs.-The

VIII. Order for protection of earnings, &c., of wife to be deemed valid.-In every case in which a wife shall under this Act or under the said Act of the twentieth and twenty-first Victoria, chapter eighty-five, have obtained an order to protect her earnings or property, or a decree for judicial separation, such order or decree shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who shall deal with the wife, be deemed valid and effectual; and no dis-judge ordinary of the Court for Divorce and Matricharge, variation, or reversal of such order or decree shall prejudice or affect any rights or remedies which any person would have had in case the same had not been so reversed, varied, or discharged in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the making such order or decree and of the discharge, variation, or reversal thereof; and property of or to which the wife is possessed or entitled for an estate in remainder or reversion at the date of the desertion or decree (as the case may be), shall be deemed to be included in the protection given by the order or decree.

IX. Order to state the time at which the desertion commenced.-Every order which shall be obtained by a wife under the said Act of the twentieth and twenty-first Victoria, chapter eighty-five, or under this Act, for the protection of her earnings or property, shall state the time at which the desertion in consequence whereof the order is made commenced; and the order shall, as regards all persons dealing with such wife in reliance thereon, be conclusive as to the time when such desertion commenced.

X. Indemnity to corporations, &c., making pay ments under orders afterwards reversed.-All persons and corporations who shall, in reliance on any such order or decree as aforesaid, make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same, shall, notwithstanding such order or decree may then have been discharged, reversed, or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the order or decree been discontinued, be protected and indemnified in the same way in all respects as if, at the time of such payment, transfer, or other act, such order or decree were valid and still subsisting without variation in full force and effect, and the separation of the wife from her husband had not ceased or been discontinued, unless at the time of such payment, transfer, or other act such persons or corporations had notice of the discharge, reversal, or variation of such order or decree, or of the cessation or discontinuance of such separation.

XI. Where alleged adulterer a co-respondent court may order him to be dismissed from the suit. In all cases now pending, or hereafter to be commenced in which, on the petition of a husband for a divorce, the alleged adulterer is made a corespondent, or in which, on the petition of a wife, the person with whom the husband is alleged to have committed adultery is made a respondent, it shall be lawful for the court, after the close of the evidence on the part of the petitioner, to direct such co-respondent or respondent to be dismissed from the suit, if it shall think there is not sufficient evidence against him or her.

XII. Persons who administer oaths under 20 and 21 Vict., c. 77, to administer under 20 and 21 Vict., c. 85.-Registrars, surrogates, commissioners for taking oaths in the Court of Chancery, and all other persons now or hereafter authorized to administer oaths under the Act of the twentieth and twenty-first Victoria, chapter seventy-seven, or under this Act, shall have power to administer oaths under the Act of the twentieth and twenty-first Victoria, chapter eighty-five.

monial Causes, and the registrars of the principal
registry of the Court of Probate, shall respectively,
in any case where an ecclesiastical court having ma-
trimonial jurisdiction had, previously to the com-
mencement of the Act of the twentieth and twenty-
first Victoria, chapter eighty-five, made any order
or decree in respect of costs, have the same power
of taxing such costs, and enforcing payment thereof,
or of otherwise carrying such order or decree into
effect, as if the cause wherein such decree was made
had been originally commenced and prosecuted in
the said Court for Divorce and Matrimonial Causes:
Provided that in taxing any such costs, or any other
costs incurred in causes depending in any eccle-
siastical court previously to the commencement of
the said recited Act, all fees, charges, and expenses
shall be allowed which might have been legally made,
charged, and enforced according to the practice of
the Court of Arches.

XV. Judge to exercise power and authority over
proctors, &c.-The judge ordinary of the Court for
Divorce and Matrimonial Causes shall have and exer-
cise, over proctors, solicitors, and attorneys practising
in the said court, the like authority and control as
is now exercised by the judges of any court of
equity or of common law over persons practising
therein as proctors, solicitors, or attorneys.

residing in foreign parts out of Her Majesty's dominions, the same may be sworn, declared, or affirmed before the persons empowered to administer oaths under the Act of the sixth of George the Fourth, chapter eighty-seven, or under the Act of the eighteenth and nineteenth of Victoria, chapter fortytwo: Provided that in places where there are no such persons as are mentioned in the said Acts such affidavits, declarations, or affirmations may be made, declared, and affirmed before any foreign local magistrate or other person having authority to administer an oath there.

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There will be an Election at this college in October next to Two Demyships in Greek and Latin Literature, of the value (room-rent and tuition included) of 75 per annum, and tenable for five years from the day of election.

No person will be eligible who shall have attained the age of twenty years, and who is not sufficiently instructed in other subjects to matriculate as a member of the college. And no person will be ineligible or entitled to preference by reason of his place of birth.

Testimonials of good conduct will be required, and a cersident on Monday, the 11th of October, between the hours tificate of baptism, which must be presented to the Preof two and four P M.

The examination will commence on the following day.

ST. MARY HALL.

XVI. Commissioners may be appointed in the Isle of Man, &c.-It shall be lawful for the judge ordinary of the Court for Divorce and Matrimonial Causes to appoint, by commission under seal of the court, any persons practising as solicitors in the Isle of Man, in the Channel Islands, or any of them, to The Trustees of the Scholarships, founded in this Uniadminister oaths, and to take declarations or affir-versity by Thomas Dyke, formerly of Kingston, in the county mations, to be used in the said court; and such of Somerset, Doctor of Medicine, are desirous of appointing persons shall be entitled from time to time to charge a Scholar to fill up a vacancy therein. Candidates must be and take such fees as any other persons performing and Cornwall, or who, for the last three years ending with persons born in one of the counties of Somerset, Devon, the same duties in the Court for Divorce and Matri- the thirty-first day of December last, shall have been resimonial causes may charge and take. dent in those counties, or any or either of them, or who, for the two years ending with such thirty-first day of December, shall have been educated at any school or schools in those counties, or any or either of them, provided they have not attained the age of twenty years, or exceeded the fourth term from that of their matriculation inclusive, Trustees, that they are in need of assistance to support and provided it shall appear, to the satisfaction of the them at the University.

XVII. Appeal in cases of nullity of marriage to lie to the House of Lords.-Whereas doubts may be entertained whether the right of appeal given by the Act of the twentieth and twenty-first Victoria, chapter eighty-five, section fifty-six, extends to sentences on petitions for nullity of marriage: Be it enacted and declared, that either party dissatisfied with any such sentence may appeal therefrom in the same manner, within the same time, and subject to the same regulations as affect appeals against sentences on petitions for the dissolution of marriage. XVIII. Judge ordinary may grant rule Nisi for new trial, &c.—Where any trial shall have been had by a jury before the full court or before the judge ordinary, or upon any issue directed by the full court or by the judge ordinary, it shall be lawful for the judge ordinary, subject to any rules to be hereafter made, to grant a rule Nisi for a new trial, but no such rule shall be made absolute except by the full court.

XIX. So much of 20 and 21 Vict., c. 85, as to applications to judges of assize repealed.-So much of the Act of the twentieth and twenty-first Victoria, chapter eighty-five, as authorizes application to be made for restitution of conjugal rights or for judicial separation by petition to any judge of assize, and as relates to the proceedings on such petition, shall be and the same is hereby repealed. XX. Affidavits, before whom to be sworn when XIII. Bills of proctors, attorneys, &c., to be sub-parties making them reside in foreign parts.-In ject to taxation. The bill of any proctor, attorney, cases where it is necessary to obtain affidavits, or solicitor, for any fees, charges, or disbursements declarations, or affirmations to be used in the Court in respect of any business transacted in the Court for Divorce and Matrimonial Causes from persons

The Scholarship amounts to Forty-five Pounds per annum, and may be tenable for four years from the day of appointment inclusive, subject as to residence within the hall, to the regulations of the hall in force for the time being, with regard to the undergraduate members thereof.

Persons desirous of becoming candidates are required to send to James Randolph, of Milverton, in the county of Somerset, Solicitor, on or before the eleventh day of September next, the proper evidence of their places of birth, residence, or education, and all such particulars as may satisfy the Trustees of their moral character and pecuniary circum

stances.

The candidates will be submitted to an examination at the University with respect to their learning and abilities; and the candidate who shall pass the best examination will be appointed to the Scholarship.

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