obtained for the same, without any fine, premium, or foregift for the making thereof being paid or payable to the said commissioners, or to the said archbishop, bishop, or other person in holy orders of the church of Rome; and provided that there be contained in every such demise or lease a covenant for the payment of the rent thereby reserved, and a condition for re-entry on non-payment of the rent or any part thereof for twenty-one days next after the same shall become due, and so that the lessee or lessees therein-named do execute a counterpart of the said demise or lease, and be not in any manner made dispunishable for committing waste. court to sioners of donations, donation entered in XIX. And be it enacted, that from and after the commencement Vicar-geneof this act the vicar-general or his surrogate, and the registrar of the retra registrar of prerogative court, shall make a return upon oath to the commis- prerogative sioners of charitable donations and bequests for Ireland, between make return the first day of July and the first day of November in every year, of to commisevery charitable devise or bequest contained in any will which shall charitable be entered in the office of such vicar-general, surrogate, or registrar, &c. of every which return shall likewise contain the name of the testator, the charitable name or names of the person or persons to whom probate of any contained in such will, or letters of administration with such will annexed, shall any will be granted, with the date of such will, probate, or administration; the office of which return shall be lodged with one of the secretaries of the said such vicar general, &c. commissioners; and every such officer as aforesaid who shall neglect to make such return as aforesaid shall forfeit the sum of five pounds sterling, to be recovered by any person who shall sue for the same by civil bill; and the person or persons to whom the probate of any such will or letters of administration as aforesaid shall be granted shall, within three calendar months next after obtaining the same, publish in the Dublin Gazette, three times successively, every charitable devise or bequest contained in such will, the name of the testator and date of such will or codicil, and the name of the person or persons to whom such charitable devise or bequest is given and bequeathed, and the name of the person or persons appointed by the testator for the management and direction thereof; and the expense of such publication shall be paid by the said executors or administrators out of the said respective charities; and every such person or persons who shall neglect to publish the same in manner herein required shall forfeit for every such neglect the sum of five pounds sterling, to be recovered by any person who shall sue for the same, by any action of debt, bill, plaint, or information, in any of her majesty's courts of record. missioners by chief or of the ex XX. And be it enacted, that the accounts of the said commis- Accounts sioners of the sums passing through their hands arising from chari- of the comtable donations and bequests shall, from and after the commencement to be audited of this act, be from time to time audited and declared by the chief second reremembrancer or second remembrancer of the court of exchequer in membrancer Ireland; and that the said commissioners of charitable donations chequer in and bequests in Ireland shall cause the said accounts to be made Ireland; out in such form as the said chief or second remembrancer shall direct, and shall send the same to him, with proper vouchers for their receipts and payments; and the said chief remembrancer or second remembrancer, after examining each account rendered to him who may examine persons on ing such as aforesaid, with the documents annexed thereto, shall settle and declare the same, and shall lodge such account, when so settled and declared, with the clerks of her majesty's privy council in Ireland, who shall send one copy thereof to the said commissioners of charitable donations and bequests for Ireland, and keep one other copy thereof in the privy council office in Ireland. XXI. And be it enacted, that it shall be lawful for the said chief remembrancer or second remembrancer to call before him and exaoath respect mine on oath any person whom he may deem it necessary to examine on the matter of such accounts; and every person who on such examination on oath shall wilfully make any false statement shall be deemed guilty of perjury. accounts. Commencement of act. Act may be amended this session. XXII. And be it enacted, that this act shall commence from and after the first day of January one thousand eight hundred and fortyfive; and that nothing herein contained shall be taken to avoid or render unlawful any donation, devise, or bequest which but for this act would be lawful, except as to the time within which the deed, will, or instrument containing such donation, devise, or bequest for pious or charitable uses is hereinbefore required to be executed and registered. XXIII. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. ECCLESIASTICAL COMMISSION. 31 HENRY 8, CAP. 14, SECS. 12-24.-An act for abolishing of diversity of opinions in certain articles concerning christian religion.See Title "ARTICLES OF RELIGION," vol. i. p. 161. 32 HENRY 8, CAP. 15.-See Title-" ARTICLES OF RELIGION," vol. i. p. 170. 5 & 6 WILLIAM 4, CAP. 30.-An act for protecting the revenues of vacant ecclesiastical dignities, prebends, canonries, and benefices without cure of souls, and for preventing the lapse thereof, during the pending inquiries respecting the state of the established church in England and Wales. Whereas his majesty was pleased, on the fourth day of February last, to issue a commission to certain persons therein-named for considering the state of the established church in England and Wales with reference to ecclesiastical duties and revenues, which commission has since been renewed, and such renewed commission is now in force, and the inquiries thereby directed are now in progress, and some time must elapse before the same can be brought to a termination: and whereas his majesty has been graciously pleased to signify, that, in order to promote the important objects of the said commission, it is his majesty's intention to defer any nomination to any vacant dignity, prebend, canonry, or benefice without cure of souls which may be in the patronage of the crown until the circumstances connected therewith shall have undergone the consideration of the said commissioners; and the two archbishops, and divers of the bishops of England and Wales, have declared their intention of pursuing the same course with regard to similar preferments in their respective patronage (excepting only the dignity of archdeacon), and a similar declaration has been made by certain other patrons: and whereas several dignities, prebends, canonries, and benefices without cure of souls have become vacant since the said fourth day of February last, and others may become vacant pending the said inquiries now in progress; and it is expedient that the same should remain vacant until it shall be decided in what mode they can be disposed of so as to be made most conducive to the efficiency of the established church; and with that view it is necessary to provide that due care be taken of the revenues of such dignities, prebends, canonries, and benefices, and that the right of presentation or collation thereto shall not lapse by reason of delay in such presentation or collation be it therefore enacted by the king'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, that where any dignity, prebend, Profits of canonry, or benefice without cure of souls, being in the patronage dignities or of his majesty, or of any archbishop, bishop, or other patron in with cure England or Wales, has become vacant since the said fourth day of of souls February last, or shall become vacant during the existence of the cant during : benefices becoming va siastical to be paid to of queen Anne's bounty. the existence said commission now in force, or of any renewal thereof, all profits of the eccle- and emoluments which have arisen or accrued, and which shall commission arise and accrue, from every such vacant dignity, prebend, canonry, the treasurer or benefice, until a successor shall have been appointed thereto, whether from houses, lands, tithes, or hereditaments to the same belonging, or from rents, fines, compositions, dividends, or other emoluments belonging to any chapter or other aggregate body of which the dignitary, prebendary, canon, or incumbent last in possession was a member, shall be paid to the treasurer for the time being of the governors of the bounty of queen Anne, in as full and ample manner as such dignitary, prebendary, canon, or incumbent, if he had remained in possession, or his successor, if duly appointed, inducted, or installed, would be entitled to receive the same; and such treasurer shall, for the purpose of enforcing payment of all such profits and emoluments, have and enjoy all legal rights, powers, and remedies, whether by action, suit, or distress, as the case may be, which would belong to such successor: provided always, that such treasurer shall not have the power of granting any lease, or of presenting to any benefice with cure of souls: provided also, that such treasurer shall not be answerable or accountable for any monies payable by virtue of this act which shall not have been actually received by him. Treasurer to keep an account of II. And be it further enacted, that such treasurer shall keep an account of all sums received by him under this act separate from the receipts, all other funds in his hands, and distinguishing each dignity or be and allow expenses. nefice in respect whereof the same shall be received, and shall allow all costs, expenses, and outgoings which would have fallen on the deceased incumbent, or may be reasonably incurred in the receipt of or enforcing the payment of the sums received, the amount thereof being allowed by the governors of the said bounty for the time being, and shall retain the balance in his hands until he shall be otherwise ordered by competent authority. Excepting III. Provided always, and be it enacted, that nothing in this act such profits of dignities contained shall apply to or affect any profits or emoluments of any now vacant, dignity, prebend, canonry, or benefice now vacant, which shall have as are already appropriated been already divided or carried to any particular account, according to the statutes, customs, or usages of the cathedral or collegiate church in which such dignity may be founded. Not to patrons from IV. Provided also, and be it enacted, that nothing in this act prevent contained shall prevent his majesty, or any archbishop, bishop, or appointing, other patron of any dignity, prebend, canonry, or benefice without proper to do cure of souls, which may have or hereafter shall become vacant, from appointing a successor thereto in case he shall think proper to do so. if they think So. Providing for the pre benefices in sentation to the patronage of such vacant dignity, &c. V. And be it further enacted, that where any benefice with cure of souls, being in the patronage of the holder or incumbent of any such dignity, prebend, canonry, or benefice as aforesaid without cure of souls, shall have become or shall become vacant during the vacancy of such last mentioned dignity, prebend, canonry, or benefice, the patron of such last mentioned dignity, prebend, canonry, or benefice shall be entitled to present to such benefice with cure of souls. sentation to fice not to bounty to VI. And be it further enacted, that the right of presentation or Right of precollation to any dignity, prebend, canonry, or benefice without cure vacant digof souls so become or becoming vacant as aforesaid shall not, by nity or benereason of any delay in presenting or collating thereto, lapse to any lapse. bishop or archbishop, or to the king's majesty; any law or custom to the contrary notwithstanding: provided always, that the patron Treasurer of of such vacant dignity, prebend, canonry, or benefice shall within queen Anne's six months after the vacancy give notice thereof in writing to the collect the commissioners hereinbefore mentioned, who shall transmit a copy of profits of the such notice to the said treasurer; and the said treasurer shall, upon fice, &c. receipt thereof, forthwith proceed to demand, collect, and receive, and shall, during the time that such dignity or benefice shall remain liable to the provisions of this act, continue from time to time to demand, collect, and receive the profits and emoluments as they shall respectively become due and payable, and shall diligently use and exercise all the powers and authorities hereby to him given for duly and regularly enforcing the payment thereof. 6 & 7 WILLIAM 4, CAP. 67.-An act for suspending for one year appointments to certain dignities and offices in cathedral and collegiate churches, and to sinecure rectories.-Whereas his majesty was pleased, on the fourth day of February and on the sixth day of June in the year one thousand eight hundred and thirty-five, to issue two several commissions to certain persons therein respectively named, directing them to consider the state of the established church in England and Wales with reference to ecclesiastical duties and revenues: and whereas the said commissioners have, in pursuance of such directions, made four several reports to his majesty, bearing date respectively the seventeenth day of March one thousand eight hundred and thirty-five, and the fourth day of March, the twentieth day of May, and the twenty-fourth day of June one thousand eight hundred and thirty-six, and have in the last of such reports, amongst other things, recommended that the chapter of each cathedral church in England, except at Oxford, of the collegiate church of Westminster, and of his majesty's royal chapel of Windsor, consist hereafter of a dean and four canons only; that the chapter of Christ Church in Oxford consist hereafter of a dean and six canons only; that the chapters of Saint Asaph and Bangor respectively consist hereafter of a dean and two canons only; that the chapter of Saint David's consist hereafter of a precentor and two canons only, and that the chapter of Llandaff consist hereafter of an archdeacon and two canons only; and that no new appointment be made to any of the prebends, dignities, or offices, not being residentiary, in the several cathedral and collegiate churches, except as therein specified, nor to the deanery of Wolverhampton; and that all ecclesiastical rectories without cure of souls, except such as are in the patronage of any college in either of the universities, or of any private patron, be suppressed: and whereas the said commissioners have also recommended various other measures, some of which are connected with and dependent upon the foregoing recommendations, and it is expedient that the reports of the said commissioners in these respects should be further considered in the next session of parliament: be it therefore enacted by the king's most excellent majesty, by and with the advice and vacant bene |