much pleasure in recommending it, and trusts that many beside Mr. Moore will find it (as he states that he has endeavoured to make it) "serviceable for imbuing the minds of the young with sound principles of morality and piety."

TRIALS.

TITHE COMMUTATION ACT.

A DECISION of great and general importance under this act was made recently by Charles Howard, Esq., one of the assistant commissioners, at a meeting for the commutation of the tithes of a part of the lower quarter of the parish of Allerbury, in Shropshire. The landowners and tithe owners had at a former meeting agreed to have the cause heard before a commissioner, and to abide by his award, to be made upon the principle of the compulsory clauses. The evidence adduced by the tithe-owners was that of Mr. Ashdown and Mr. Jellicoe, two land valuers of much experience, who proved that upon a recent valuation of the district, they considered the value of the tithes as greater than the average composition paid during the seven years ending Christmas 1835, and therefore the tithe-owners, of course, claimed an increased rent-charge of about 12 per cent. beyond such compositions. Upon this evidence being offered, it was submitted by the agents of the landowners that no case had been made out for departure from the averages; that the preliminary indispensable step of proving that the value of the titheable produce during the seven years exceeded the amount of the composition had not been taken; and that the opinion of land valuers alone, however competent, was not a sufficient ground for claiming an increase; and that if valuations were thus resorted to, no voluntary arrangement would be effected on the basis of the averages, as one or other party would, in every instance, be striving for some advantage on the opinion of surveyors. Mr. Howard gave it as his decided opinion, that no case had been made out for departing from the averages; that the principle of the act was to take the averages as the basis of the rent-charge; and that the opinion of land surveyors alone was not sufficient to justify a departure from them. This decision will be submitted to the commissioners for their approval, and which it no doubt will receive, being in conformity to the principle laid down in their late report.Salopian Journal.

CHURCH RATES.

In the Ecclesiastical Court of York, in giving judgment in the Wakefield church-rate case, the chancellor (G. H. Vernon, Esq.) lately made the following observations, which were important, as applying to all churchrates. He said that he was aware that, on a former occasion, he was distinctly of opinion that it was not a competent defence to a suit for subtraction of church-rates, for the defendant to plead "that certain items in the estimates were illegal; that those estimates not being upon bills actually paid, the party was not entitled to take notice of what the churchwardens held forth as their intention to pay; but that, should any illegal payments be made, the money might be recovered afterwards." He had since found reason to adopt a different opinion; and the sanction of certain decisions in the courts above led

him to retract so much of what he had held forth to the public on that occasion, and to announce his present opinion, that if churchwardens brought forward certain estimates, announced their intention of making certain payments, and laid a rate, and the majority of the parish agreed to a rate founded on those estimates, which included illegal items, resistance might be made to that rate, if those illegal items should form any such considerable proportion as should cause the court to think it worth while to make the objection. It was undoubtedly unfortunate, that it must always remain in the breast of the court what proportion would constitute the illegality which would make it invalid; but it had been over and over again laid down, that small matters of illegality would not do this, while larger would."-York Chronicle.

NEW REGISTRATION ACT.

Bedfordshire Midsummer Sessions, July 3.

ROBERT WARREN, of Turvey, mason, was indicted for refusing to give the required particulars touching the birth of his child to Mr. Godfrey, registrar of the Turvey district, in the Bedford Union. The defendant pleaded guilty, upon which

Mr. Gunning, counsel for the prosecution, stated, that the proceedings in this case were instituted by direction of the registrar-general, in consequence of the defendant having contumaciously refused to give the information respecting the birth of his child, upon being requested so to do by the registrar of the district, in accordance with the Act 6th and 7th William IV. c. 86, sec. 20. The learned gentleman said, that, the defendant having expressed his contrition by pleading guilty, he did not press for a severe sentence, conceiving that the justice of the case would be fully answered by the conviction having taken place, the object being to shew the public that the law must be obeyed. The defendant stated to the court, that he regretted having disobeyed the law, but that he was told by the clergyman of the parish that members of the established church could not be compelled to register the births of their children, and notices to that effect were stuck up in the parish.

The chairman, in passing sentence, remarked that it was to be regretted that such notices should have been issued. Under the circumstances, the court sentenced the defendant to pay a fine of 1s. and be discharged.

POSSESSION OF A PARSONAGE HOUSE BY A CURATE.

MR. ALFORD, Solicitor, of Salisbury, applied to the bench in behalf of the Rev. Mr. Adams, for a warrant, to compel the Rev. Mr. Richards, of Bower-Chalke, to quit and deliver up possession of the parsonage at that place to the aforesaid gentleman. It appeared that the Rev. Mr. Richards is superseded as curate of Bower-Chalke by the Rev. Mr. Adams, who has been duly licensed by the Right Rev. the Lord Bishop of Salisbury; that the rev. gentleman had been applied to to quit, but that he positively refused; and that, expecting considerable resistance, even by force of arms, the present application was made. Mr. Talfourd said, it was natural to assume that the reverend gentleman was remaining at the parsonage house under some contract, but that contract was, that he should remain in the house so long as he was required to perform the spiritual duties of the parish. But that contract, he contended, was now null and void, by the bishop duly licensing the Rev. Mr. Adams as curate of that parish. The curate's stipend was 901. per year; that

was allowing the house to be worth 157. per annum; it was therefore clear that the parsonage house formed part of the curate's salary, and over which, by the act of parliament, the bishop had controul. Mr. Alford then interrogated Mr. Adams as to his appointment, &c., and then called on one of the church wardens to prove that the duplicate of the order then produced had been duly served by him on the reverend gentleman. The bench thought the application to be extremely novel, and without a precedent, and suggested the propriety of taking possession during the temporary absence of the reverend gentleman, leaving him to seek his remedy if he felt himself aggrieved. The churchwarden thought the reverend gentleman was too cautious for that plan to be carried into effect, and said he was aware that he had been offered money to quit, but without avail. The bench then granted the warrant.— Wilts Standard.

DOCUMENTS.

OATHS VALIDITY BILL.

THE following is Lord Denman's Bill, intituled, "An Act to remove Doubts as to the Validity of certain Oaths, and to substitute a solemn Affirmation for an Oath in certain cases :"-"Be it declared and 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, that in all cases in which by law an oath may be administered to any person, either as a juryman, or a witness, or a deponent, in any proceeding civil or criminal, in any court of law or equity in this kingdom, or on appointment to any office or employment, or on any occasion whatever, the person swearing is bound by the oath administered, in such form and with such ceremonies as such person may declare to be binding, and may be convicted of the crime of perjury in case of wilful false swearing, in the same manner as if the oath had been administered in the form and with the ceremonies most commonly adopted."

BENEFICES PLURALITIES' BILL.

THE following are the amendments introduced by the Archbishop of Canterbury on Friday, on the report of the committee on the Benefices Pluralities' Bill:

[To follow section 6, and section 113 to be omitted.]

That where any spiritual person shall be desirous of obtaining a licence or dispensation for holding together any two benefices, such spiritual person shall, previously to applying for the grant of such licence or dispensation, deliver to the bishop of the diocese where both benefices are situate in the same diocese, or to the bishops of the two dioceses where such benefices are situate in different dioceses, a statement in writing under his hand, verified as such bishop or bishops respectively may require, in which statement such spiritual person shall set forth, according to the best of his belief, the yearly income arising from each of the said benefices, separately, on an average of the three years ending on the 29th day of September next before the date of such statement, and the sources from which such income is derived, and also the yearly

amount, on an average of the same period of three years, of all taxes, rates, tenths, dues, and other permanent charges and outgoings to which the same benefices are respectively subject, and also the amount of the population of each of the said benefices, to be computed according to the last returns made under the authority of parliament, and also the distance between the two benefices, to be computed according to the directions of this act; and it shall be lawful for the bishop to whom such statement shall be delivered to make any inquiry which he may think right, as to the correctness of the same in respect to the benefices or benefice within his diocese; and such bishop is hereby required, within the space of one month after he shall have received such statement as aforesaid, to transmit to the Archbishop of Canterbury a certificate under his hand, in which certificate such bishop shall set forth or shall annex thereto a copy of the statement delivered to him as aforesaid, and shall thereby certify the amount at which he considers that the annual value and the population of each of the two benefices (where both benefices are situate in the same diocese), and the distance of the said two benefices from each other, or the amount at which he considers the annual value and the population of the benefice within the diocese of such bishop (where the two benefices are situate in different dioceses), and the distance of such benefice from the other benefice ought to be taken, with respect to the licence or dispensation in question; and whenever both or either of the benefices shall be in the diocese or jurisdiction of the Archbishop of Canterbury, a certificate shall be made out in manner aforesaid by the Archbishop, and shall be retained by him.

That in estimating the annual value of any benefice for the purpose of any such certificate as aforesaid, it shall be lawful for the archbishop or bishop by whom such certificate shall be made, and every such archbishop and bishop is hereby directed to deduct from the gross amount of the yearly income arising from such benefice all taxes, rates, tenths, dues, and other permanent charges and outgoings to which such benefice shall be subject, but not to deduct or allow for any stipend or stipends to any stipendiary curate or curates, nor for such taxes or rates in respect of the house of residence on any benefice, or of the glebe land belonging thereto, as are usually paid by tenants or occupiers, nor for moneys expended in the repair or improvement of the house of residence and buildings and fences belonging thereto.

That the certificate or certificates to be transmitted to or retained by the Archbishop of Canterbury, as aforesaid, shall be deposited in the said office of faculties, and in the event of the required licence or dispensation being granted, shall for the purposes of this act be conclusive of the annual value and population of each of the benefices to which the same shall relate, and of their distance from each other; and the registrar of the faculties shall, and he is hereby required to produce such certificate or certificates to any person who may require to inspect the same.

That for all the other purposes of this act the annual value of all benefices shall be the net annual value thereof, to be estimated in the same manner as is hereinbefore directed for the purpose of any such certificate as aforesaid, and that it shall be lawful for the court before whom any suit shall be depending for the recovery of any penalty or forfeiture under this act, and for any bishop acting under any of the provisions of this act, to make or cause to be made such inquiries and call for such evidence as such court or bishop shall think fit, and otherwise to proceed upon the best information which such court or bishop may be able to procure for estimating in manner aforesaid the annual value of any benefice; and, with respect to the same, the decision of such court, save when appealed from in due course of law, or of such bishop, founded on such evidence or other information, shall be final and conclusive. [To be inserted after section 106, and clause 107 to be omitted.] That when authority is given by this act to any archbishop or bishop by this act to require any statement or facts to be verified by evidence, or to in

quire or to cause inquiry to be made into any facts, such archbishop or bishop may require any such statement or any of such facts to be verified by oath, affidavit, or affirmation, or by solemn declaration, if and as the said archbishop and bishop shall see fit; and that in all such cases, or when any oath, affidavit, or affirmation, or solemn declaration, is by this act required to be made, such oath, affidavit, or affirmation, or solemn declaration, shall and may be made either before such archbishop or bishop, or the commissioner or commissioners, or one of them, of such archbishop or bishop respectively, or before some ecclesiastical judge or his surrogate, or before a justice of the peace, or before a master or master extraordinary in chancery, who are hereby authorized and empowered in all and every of the cases aforesaid to administer such oath, affidavit, and affirmation, or to take such declaration, as the case may be.

BENEFICES PLURALITIES' BILL.

AMENDMENTS MADE BY THE COMMONS TO THE AMENDMENTS MADE BY THE LORDS TO THE BENEFICES PLURALITIES' BILL.

THE Commons agree to the amendments as far as pr. 5, l. 13.

The Commons propose to amend the amendment pr. 5, l. 13, by leaving out the words "three hundred," and inserting the words "one hundred and fifty."

The Commons propose to amend the amendment pr. 6, 1. 11, by leaving out the words "residing and," and the words "residence on," and after the word "and," by inserting the word "the."

The Commons propose to amend clause (A.) by inserting after the word "require," fo. 1, 1. 16, the words "according to a form or forms to be promulgated from time to time by the archbishop of the province, and approved by the Queen in council," and by leaving out the word "Canterbury," fo. 3, l. 13, and inserting the words "the province."

The Commons agree to clauses (B.) and (C.)

The Commons propose to amend clause (D.) by inserting after the word "court," fo. 2, 1. 6, the words "or of such bishop founded on such evidence or other information, shall be final and conclusive," and by leaving out from the words "course of law," 1. 7, to the end of the clause.

The Commons propose to amend the amendment in pr. 6, 1. 28, by leaving out the words "cathedral preferment and benefice or such," and after the word "or," by inserting the words "such benefice;" and by leaving out the words" cathedral preferment or," and after the words "cathedral preferment" by inserting the words "and with or without a benefice."

The Commons propose to amend clause (E.) by inserting after the words "trust for whom," fo. 1, 1.7, the words "the advowson of or," and by leaving out the words "passing of this act," 1. 11, and inserting the words "23rd day of December, 1837."

The Commons agree to the amendments as far as clause (F.)

The Commons propose to amend clause (F.) by inserting after the word "tithes," fol. 1, 1. 17, the words " rent-charges," and by making the same amendment in fo. 2, l. 13; fo. 4, l. 2; fo. 6, 1. 8, and 1. 17.

The Commons agree to clause (G.)

The Commons agree to clause (H.), by inserting after the word "tithes," fo. 2, 1. 4, the words "rent-charges."

The Commons agree to the amendments as far as pr. 17, l. 14.

The Commons propose to amend the amendment, pr. 17, 1. 14, by leaving out the word "Canterbury," and inserting the words "the province." VOL. XIV.-Sept. 1838.

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