of
aforesaid, now void (1) by the natural death of the
reverend A. B. clerk, the last incumbent thereof, and to my presenta-
tion in full right belonging, my beloved in Christ C. D. (2) clerk (3),
humbly praying that your lordship would be pleased to admit and ca-
nonically to institute him the said C. D. to the rectory [or vicarage]
and parish church of
aforesaid, to invest him with all and
singular the rights, members, and appurtenances to the same be-
longing, to cause him to be inducted into the real, actual, and cor-
poral possession thereof, and to do all other things which to your
pastoral office may in this case appertain or belong (4). As witness

PRESENTATION.

Living.

(1) The benefice to which the presentation is made, must be actually void at the time, either by the death or resignation of the last incumbent; a presentation therefore to take effect upon the decease or resignation of the incumbent, will be void. See Owen v. Stainoe, Skin. 45; Rudd v. Bishop of London, Hutton, 66; Grendon's Ca. Plow. 500 b. (2) If the patron wish to take the living himself, although he cannot, according to the rules of the canon law, present himself, yet he may, it seems, by the common law, offer himself to the ordinary and pray to be admitted, and such admission will be good. But the usual mode in such case, is, for the patron to make over the right to a friend before the avoidance, and to be presented by him.

Living must be vacant at the sentation.

time of pre

Mode of patron's presenting

himself.

(3) A deacon, or even a layman, may be presented to a benefice, but Who may be he must be made a priest before he can be instituted. See 13 and 14 presented.

Car. 2. c. 4.

It was formerly holden that a son could not succeed his father in his benefice, without some immediate successor, unless a dispensation apostolical had been previously obtained; see Gibs. 796. But the reason of this canon, which was to discourage the marriage of priests, is now removed, and there appears to have been no instance since the Reformation, of any clerk being deprived for succeeding his father without a dispensation; see Johns. 101.

Son may succeed his father in a living.

Presentation

may be revoked

(4) Although a presentation be duly made, it may, nevertheless, until the presentee be admitted, and instituted, be revoked or varied; Stoke before admisv. Sykes, Latch 192. The power of revocation seems however by the sion. canon law to be confined to the king, see Wats. c. 20, and cases there cited; although a lay patron, it is admitted, may vary, i. e. after presentation of one person may present another to the ordinary, who in such case, is at liberty to admit which he pleases; Wats. c. 20. This power of varying however, belongs to lay patrons only, and not to ecclesiastical persons of any kind; and the reason given for this, is, that they are supposed in law to be competent judges of the sufficiency of the person, and do therefore proceed by judgment and election, and whoever elects an unfit person, is, ipso jure, deprived of the power of electing; Gibs. 793; Wats. c. 20. In the case of Rogers v. Holhed, 2 Black. Rep. 1039, it was, however, decided, that a presentation was certainly revocable upon the principles of the common law, because it vested no right in any one, not even in the clerk presented; for, if the clerk had a right, the law would give him a remedy to recover it when

invaded, and there is no species of common law-action open or competent to a clerk, to recover a presentation when obstructed, but only to the patron.

Requisites after presentation.

After the clerk has been presented to the bishop, it will be necessary that he should be admitted, instituted and inducted; until when, his title to the benefice will not be complete. Admission is merely the ordinary's declaration that he approves of the presentee as a fit person to serve the cure of the church to which he is presented, and institution is the act by which that cure is committed to him, and may be performed either by the bishop himself, or else by his vicar-general, chancellor, or commissary, delegated by him for that purpose, either specially or generally; Gibs. 804. Johns. 72. After institution is given, induction is necessary to give the incumbent full possession of the property belonging to the church; for, though he may after institution enter upon the parsonage house and glebe, and take the tithes, yet he cannot grant or let them, or bring an action for them until he be inducted, Gibs. 813; this (which is analogous to livery of seisin at the common law) is performed by the inductor (who is either the archdeacon in person to whom the mandate of the ordinary for that purpose is issued, or some clergyman deputed by him) taking the clerk by the hand, and laying it upon the key or ring of the church door, or any part of the wall of the church or church-yard, and saying to this effect:" By virtue of this mandate, I do induct you into the real, actual, and corporal possession of this church of with all the rights, members, and appurtenances thereunto belonging." After which, the inductor opens the door, and puts the person inducted into the church, who usually tolls a bell to make his induction public and known to the parishioners. A certificate of the induction is then indorsed on the mandate, and signed by the persons present as witnesses.

,

(Stamp.)

No. CCCCXXXII.

* Promise to pay Money.

London, day of

18

WE jointly and severally promise to pay Mr. J. W. or order the

in manner following: viz. the sum of £

sum of £

on the

day of

18

the further sum of £
and in case default shall be made in payment of any or either of the
above sums at the times above limited for that purpose, then we
jointly and severally promise to pay the whole of the said sum of
L
, or so much thereof as shall not have been paid im-
mediately after such default as aforesaid.

W. B.

S. G.

PROMISE.

Promise.

PROTEST.

Foreign Bill.

No. CCCCXXXIII.

* PROTESTS.

Protest (1) of Foreign Bill for Non-acceptance (2).

day of

,

On this day, the
at the request of A. B.
bearer of the original bill of exchange, whereof a true copy is on the
other side written, I, (notary) of London, notary public, by royal au-
thority, duly admitted and sworn, did exhibit the said bill to (drawee)
on whom the said bill of exchange was drawn at his counting-house,
situate at No.
in the city of
for his acceptance
thereof, and requested him to accept the same, which he refused to
do, declaring that, &c. [here state the answer if material]: Where-
fore I the said notary, at the request aforesaid, have protested, and
by these presents do solemnly protest, as well against the drawer,
drawee, and indorsers of the said bill, as all others whom it may con-
cern, for exchange, re-exchange, and all costs, charges, damages,
and interest suffered and to be suffered for want of acceptance of the
said bill, thus done and protested in London, in the presence of

Witness, (

.)

(Here subscribe the expenses of

noting and protest.)

(Notary) (L. s.)
Notary Public.

(1) Protests being made by notary publics, who have at hand printed forms of all such as are adapted to ordinary mercantile concerns, it would have been useless, by augmenting a collection of the present general nature, to have inserted any variety of them here. I have therefore introduced a few only of the most common, merely to give the student a conception of the nature and form of protests.

Upon the non-acceptance of a bill, the earliest possible notice is to be given by the holder to the drawer and indorsers, or they will be discharged from the responsibility.-See ante, p. 10.

(2) Copy bill and indorsements on first side of a sheet of paper, and on the next side proceed as above.

Counter Protest by reason of a Bankruptcy (1).

PROTEST.

Bankruptcy.

On this

day of

of this city of peared

, notary public, &c., personally came and apof the said city, merchant, and produced unto me the original bill of exchange, copy whereof is on the other side written, and the protest for non-acceptance, bearing date the

now last past, by

of

day of

instant,

day of notary public and whereas Messrs. L. and M., the drawers of the said bill of exchange, by the London Gazette bearing date the are declared bankrupts, in pursuance of a commission of bankruptcy under the great seal of Great Britain, by means thereof incapable of making satisfaction or payment of the said bill of exchange: therefore I the said notary, at the request of the said have counter-protested, and by these presents do most solemnly counter-protest, as well against the drawers of the said bills of exchange, as against all others whom it doth or may concern, for exchanges, reexchanges, and all costs, charges, damages, and interest suffered and to be suffered for want of acceptance of the said bill of exchange. Thus done and counter-protested in aforesaid, in the prewitnesses hereunto required.

sence of

and

An Act of Honour upon a Bill.

Afterwards on the same day, month, and year, before me the said notary and witnesses, personally came and appeared of this city, merchant, who declared he was ready, and would accept the said bill of exchange now under protest, for the honour and account of the drawer [or as the case may be], holding him the said drawer thereof, and all others concerned, always obliged to him the said appearer for reimbursement in due form of law.

(1) Copy of the bill on the back as before.

Act of Honour.