de excommunicato capiendo, shall extend and be applied to the said writ de contumace capiendo and the proceedings following thereupon, as if the same were herein particularly repeated and enacted; and the proper officers of the said court of chancery are hereby authorized and required to issue such writ de contumace capiendo accordingly ; and all sheriffs, gaolers, and other officers are hereby authorized and required to execute the same, by taking and detaining the body of the person against whom the said writ shall be directed to be executed; and upon the due appearance of the party so cited and not having appeared as aforesaid, or the obedience of the party so cited and not having obeyed as aforesaid, or the due submission of the party so having committed a contempt in the face of the court, the judges or judge of such ecclesiastical court shall pronounce such party absolved from the contumacy and contempt aforesaid, and shall forthwith make an order upon the sheriff, gaoler, or other officer in whose custody he shall be, in the form to this act annexed, for discharging such party out of custody, and such sheriff, gaoler, or other officer shall, on the said order being shewn to him, so soon as such party shall have discharged the costs lawfully incurred by reason of such custody and contempt forthwith discharge him.

cation shall

II. Provided always, and be it further enacted, that nothing In what cases in this act contained shall prevent any ecclesiastical court from excommunipronouncing or declaring persons to be excommunicate in definitive continue. sentences, or in interlocutory decrees having the force and effect of definitive sentences, such sentences or decrees being pronounced as spiritual censures for offences of ecclesiastical cognizance, in the same manner as such court might lawfully have pronounced or declared the same, had this act not been passed.

in case of excommunication.

III. And be it further enacted, that no person who shall be so Proceedings pronounced or declared excommunicate, shall incur any civil penalty or incapacity whatever, in consequence of such excommunication, save such imprisonment, not exceeding six months, as the court pronouncing or declaring such person excommunicate shall direct, and in such case the said excommunication, and the term of such imprisonment, shall be signified or certified to his majesty in chancery, in the same manner as excommunications have been heretofore signified, and thereupon the writ de excommunicato capiendo shall issue, and the usual proceedings shall be had, and the party being taken into custody shall remain therein for the term so directed, or until he shall be absolved by such ecclesiastical court.

more

c. 6, s. 1.

IV. And whereas in the seventh and eighth years of king William 7 & 8 W. 3, the third an act was made and passed, intituled an act for the easy recovery of small tithes, whereby, amongst other things therein enacted, two or more of his majesty's justices of the peace are authorized and required to hear and determine complaints touching tithes, oblations and compositions substracted or withheld, not exceeding forty shillings: and whereas it has become expedient to enlarge such amount, and also to extend the said act to all tithes whatsoever of certain limited amount; be it enacted, that such Justices of justices of the peace shall, from and after the passing of this act, peace may be authorized and required to hear and determine all complaints complaint touching tithes, oblations and compositions substracted or withheld, tithes not

respecting

exceeding

ten pounds.

Limitation

of actions respecting tithes.

7 & 8 W. 3, c. 34, s. 4, and 1 G. 1,

st. 2, c. 6, s. 2,

ECCLESIASTICAL COURTS, ENGLAND.

where the same shall not exceed ten pounds in amount from any one person, in all such cases, and by all such means, and subject to all such provisions and remedies, by appeal or otherwise, as contained in the said act of king William, touching small tithes, oblations and compositions not exceeding forty shillings: provided always nevertheless, that, from and after the passing of this act, one justice of the peace shall be competent to receive the original complaint, and to summon the parties to appear before two or more justices of the peace, as in the said act is set forth.

V. And be it further enacted, that, from and after the passing of this act, no action shall be brought for the recovery of any penalty for the not setting out tithes, nor any suit instituted in any court of equity, or in any ecclesiastical court, to recover the value of any tithes, unless such action shall be brought or such suit commenced within six years from the time when such tithes became due.

VI. And whereas in the seventh and eighth years of king William the third an act was made and passed, intituled an act that the solemn affirmation and declaration of the people called Quakers shall be accepted instead of an oath in the usual form, whereby, among other things, it is therein enacted, where any Quaker shall refuse to pay for or compound for his great or small tithes, or to pay any church rates, two or more of his majesty's justices of the peace are authorized to hear and determine the same, not exceeding the value of ten pounds: and whereas by a statute made and passed in the first year of king George the first the said act is extended to other objects: as to Quakers and whereas it is become expedient to enlarge the said sum; be it pay tithes, enacted, that, from and after the passing of this act, all the provisions &c.extended of the said acts of king William and king George shall be deemed

neglecting to

church or

and taken to extend to any value not exceeding fifty pounds: provided always nevertheless, that, from and after the passing of this act, one justice of the peace shall be competent to receive the original complaint, and to summon the parties to appear before two or more justices of the peace, as in the said act is set forth.

VII. And whereas it is expedient that church rates or chapel rates of limited amount, unduly refused or withheld, should in cerRecovery of tain cases be more easily and speedily recovered; be it enacted, that, chapel rates. from and after the passing of this act, if any one duly rated to a church rate or chapel rate, the validity whereof has not been questioned in any ecclesiastical court, shall refuse or neglect to pay the same sum at which he is so rated, it shall and may be lawful for any one justice of the peace of the same county, riding, city, liberty or town corporate, where the church or chapel is situated, in respect whereof such rate shall have been made, upon the complaint of any churchwarden or churchwardens, chapelwarden or chapelwardens, who ought to receive and collect the same, by warrant under the hand and seal of such justice, to convene before any two or more such justices of the peace any person so refusing or neglecting to pay such rate, and to examine upon oath (which oath the said justices are hereby empowered to administer) into the merits of the said complaint, and by order under their hands and scals to direct the payment of what is due and payable in respect to such rate, so as the sum ordered and directed to be paid as aforesaid do not exceed

ten pounds, over and above the reasonable costs and charges, to be ascertained by such justices; and upon refusal or neglect of such party to pay according to such order, it shall and may be lawful for any one of such justices, by warrant under his hand and seal, to levy the money thereby ordered to be paid, together with the amount of such costs and charges, by distress and sale of the goods of such offender, his executors or administrators, rendering only the overplus to him or her, the necessary charges of distraining being thereout first deducted and allowed by the said justices; and any person Appeal. finding him or herself aggrieved by any judgment given by two or more such justices, may appeal to the next general quarter sessions to be held for the county, riding, city, liberty or town corporate wherein the church or chapel is situated, in respect whereof such rate shall have been made, and the justices of the peace there present, or the major part of them, shall proceed finally to hear and determine the matter, and to reverse the said judgment if they shall see cause; and if the justices then present, or the major part of them, shall find cause to affirm the judgment given by the first two or more justices, the same shall be decreed by order of sessions, with costs, against the appellant, to be levied by distress and sale of the goods and chattels of the said party appellant: provided always, that Proviso for in case any such appeal be made as aforesaid, no warrant of distress jurisdiction. shall be granted until after such appeal be determined: provided also, that nothing herein contained shall extend to alter or interfere with the jurisdiction of the ecclesiastical courts to hear and determine causes touching the validity of any church rate or chapel rate, or from proceeding to enforce the payment of any such rate, if the same shall exceed the sum of ten pounds from the party proceeded against: provided likewise, that if the validity of such rate, or the liability of the person from whom it is demanded to pay the same, be disputed, and the party disputing the same give notice thereof to the justices, the justices shall forbear giving judgment thereupon, and the person or persons demanding the same may then proceed to the recovery of their demand, according to due course of law, as heretofore used and accustomed: provided likewise, that nothing herein contained shall Proviso. affect any regulations that may have been made by authority of parliament, respecting the church rates or chapel rates of any particular parishes or districts.

ecclesiastical

allowing

proctors

struck off

rolls.

VIII. And be it further enacted, that, from and after the passing Proctors of this act, if any proctor of the arches court of Canterbury, or any their names other ecclesiastical court or courts in which he shall be entitled to to be used by persons act as proctor, shall act as such, or permit or suffer his name to be not entitled in any manner used in any suit, the prosecution or defence whereof to act as shall appertain to the office of a proctor, or in obtaining probates of wills, letters of administration or marriage licences, to or for, or on account or for the profit and benefit of any person or persons not entitled to act as a proctor, or shall permit or suffer any such person or persons to demand or participate in such profit and benefit, and complaint thereof shall be made to the court or courts wherein such proctor hath been admitted and enrolled, and proof given to the satisfaction of the said court or courts that such proctor hath offended therein as aforesaid, then and in such case every

such proctor so offending shall be struck off the roll of proctors, and be for ever after disabled from practising as a proctor, or be suspended from the office, function and practice of a proctor in all and every the said court or courts for so long a period as the Exception. judge or judges of the said court or courts may deem fit; save and except as to any allowance or allowances, sum or sums of money that are or shall be agreed to be made to the widows or children of any deceased proctor or proctors by any surviving partner or partners of such deceased proctor or proctors; and also save and except as to any agreement made, or understood to have been made, between proctors and articled clerks, whose articles have been executed prior to the passing of this act.

Persons exercising functions of a proctor not

being duly cnrolled.

IX. And be it further enacted, that, from and after the passing of this act, in case any person or persons shall in his or in their own name, or in the name of any other person or persons, make, do, act, exercise or perform any act, matter or thing whatsoever in any way appertaining or belonging to the office, function or practice of a proctor, for or in consideration of any gain, fee or reward, or with a view to participate in the benefit to be derived from the office, functions or practice of a proctor, without being admitted and enrolled, every such person, for every such offence, shall forfeit and pay the sum of fifty pounds, to be sued for and recovered in manner hereinafter mentioned. X. Provided always, and be it further enacted, that nothing herein contained shall extend or be construed to extend to any seven years' salary which shall be agreed to be paid by a proctor, his partner or successor, to a clerk really and bona fide serving in his office at the time of the passing of this act, and who shall have been bona fide serving in the office of any proctor or proctors for seven years next before the passing of the same.

Penalty.

Proviso for salaries of clerks of

standing.

Recovery of penalties, &c,

Limitation of actions.

General issue.

XI. And be it further enacted, that all pecuniary forfeitures and penalties imposed on any person or persons for offences committed against this act, shall and may be sued for and recovered in any of his majesty's courts of record at Westminster, by action of debt, bill, plaint or information, wherein no essoin, protection, privilege, wager of law or more than one imparlance shall be allowed, and wherein the plaintiff, if he or she shall recover any penalty or penalties, shall receive the same for his or her own use, with full costs of suit.

XII. And be it further enacted, that if any action or suit shall be brought or commenced for any thing done in pursuance of this act, every such action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and tried in the city or county wherein the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance or by the authority of this act; and if the same shall appear to have been so done, or if any action or suit shall be brought after the time limited for bringing the same, or shall be laid in any other city, county or place than as aforesaid, then the judge shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be non-suited, or suffer a discontinuance of their action or suit,

after the defendant or defendants shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall have Treble costs. such remedy for the same as any defendant or defendants hath or have for costs of suit in any other case by law.

Schedules to which this act refers.
Schedule (A.)

of party

in contempt.

To his most excellent majesty and our sovereign lord George the Significavit third, by the grace of God of the united kingdom of Great Britain being contuand Ireland king, defender of the faith, by divine macious and providence, &c. health in him by whom kings and princes rule and govern: we hereby notify and signify unto your majesty, that one

of

of in the county hath been duly pronounced guilty of manifest. contumacy and contempt of the law and jurisdiction ecclesiastical, in not as the case may be appearing before [here set out the style of the ecclesiastical judge, or his representative], or in not obeying the lawful commands [here set out the commands] of [such judge or representative] or in having committed a contempt in the face of the court of [such judge or representative] lawfully authorized by [here set out the nature and manner of such contempt], on a day and hour now long past, in a certain cause of [here set out the nature of the cause, and the names of the parties to the same.] We therefore humbly implore and entreat your said most excellent majesty would vouchsafe to command the body of the said

to be taken and imprisoned for such contumacy and contempt. Given under the seal of our court the

day of

of

A. B. registrar, [or, deputy registrar, as the case may be].

George, &c. to the sheriff of

Schedule (B.)

hath signified to us, that
in your county of

manifestly contumacious, and contemns the jurisdiction and authority of [here fully state the non-appearance, disobedience, together with the commands disobeyed, or the contempt in the face of the court, as the case may be], nor will he submit to the ecclesiastical jurisdiction; but forasmuch as the royal power ought not to be wanting to enforce such jurisdiction, we command you that you attach the said

by his body, until he shall have made satisfaction for the said contempt; and how you shall execute this our precept notify unto and in nowise omit this, and have you

there this writ.

day of

Witness ourself at Westminster, the

Whereas

of