Not to extend to Spiritual Persons engaged in keeping Schools, or as Tutors, &c., in respect of anything done, or any buying or selling in such employment; or to selling anything bona fide bought for the Use of the Family, or to being a Manager, &c., in any Benefit or Life or Fire Assurance Society; or buying und selling Cattle, &c., for the use of his own Lands, &c. 30. Provided always, and be it enacted, that nothing hereinbefore contained shall subject to any penalty or forfeiture any spiritual person for keeping a school or seminary, or acting as a schoolmaster or tutor or instructor, or being in any manner concerned or engaged in giving instruction or education for profit or reward, or for buying or selling or doing any other thing in relation to the management of any such school, seminary, or employment, or to any spiritual person whatever for the buying of any goods, wares, or merchandizes, or articles of any description, which shall without fraud be bought with intent at the buying thereof to be used by the spiritual person buying the same for his family or in his household, and after the buying of any such goods, wares, or merchandizes, or articles, selling the same again or any parts thereof which such person may not want or choose to keep, although the same shall be sold at an advanced price beyond that which may have been given for the same; or for disposing of any books or other works to or by means of any bookseller or publisher; or for being a manager, director, partner, or shareholder in any benefit society, or fire or life assurance society, by whatever name or designation such society may have been constituted; or for any buying, or selling again for gain or profit, of any cattle or corn or other articles necessary or convenient to be bought, sold, kept, or maintained by any spiritual person, or any other person for him or to his use, for the occupation, manuring, improving, pasturage, or profit of any glebe, demesne lands, or other lands or hereditaments which may be lawfully held and occupied, possessed, or enjoyed by such spiritual person, or any other for him or to his use; or for selling any minerals the produce of mines situated on his own lands; so nevertheless that no such spiritual person shall buy or sell any cattle or corn or other articles as aforesaid in person in any market, fair, or place of public sale. Spiritual Persons illegally trading may be suspended, and for the Third Offence deprived. 31. And be it enacted, that if any spiritual person shall trade or deal in any manner contrary to the provisions of this act, it shall be lawful for the bishop of the diocese where such person shall hold any cathedral preferment, benefice, curacy, or lectureship, or shall be licensed or otherwise allowed to perform the duties of any ecclesiastical office whatever, to cause such person to be cited before his chancellor or other competent judge, and it shall be lawful for such chancellor or other judge, on proof in due course of law of such trading, to suspend such spiritual person for his first offence for such time not exceeding one year as to such judge shall seem fit; and on proof in like manner before such or any other competent ecclesiastical judge of a second offence committed by such spiritual person subsequent to such sentence of suspension, such spiritual person shall for such second offence be suspended for such time as to the judge shall seem fit; and for his third offence be deprived ab officio et beneficio, and thereupon it shall be lawful for the patron or patrons of any such cathedral preferment, benefice, lectureship, or office to make donation or to present or nominate to the same as if the person so deprived were actually dead; and in all such cases of suspension the bishop during such suspension shall sequester the profits of any cathedral preferment, benefice, lectureship, or office of which such spiritual person may be in possession, and by an order under his hand direct the application of the profits of the same respectively, after deducting the necessary expences of providing for the due performance of the duties of the same respectively, towards the same purposes and in the same order, as near as the difference of circumstances will admit, as are hereinafter directed with respect to the profits of a benefice sequestered in case of non-compliance after monition with an order requiring a spiritual person to proceed and reside on his benefice, save that no part of such profits shall be paid to the spiritual person so suspended nor applied in satisfaction of a sequestration at the suit of a creditor; and in case of deprivation the bishop shall forthwith give notice thereof in writing under his hand to the patron or patrons of any cathedral preferment, benefice, lectureship, or office which the said spiritual person may have holden in the manner hereinafter required with respect to notice to the patron of a benefice continuing under sequestration for one whole year, and thereby becoming void, and any such cathedral preferment or benefice shall lapse at such period after the said notice as any such last-mentioned benefice would under the provisions of this act lapse: provided always, that no contract shall be deemed to be void by reason only of the same having been entered into by a spiritual person trading or dealing, either solely or jointly with any other person or persons, contrary to the provisions of this act, but every such contract may be enforced by or against such spiritual person, either solely or jointly with any other person or persons, as the case may be, in the same way as if no spiritual person had been party to such contract. Penalties for Non-residence, on Incumbent not having a Licence or Exemption, unless he be resident on another Benefice. 32. And be it enacted, that every spiritual person holding any benefice shall keep residence on his benefice, and in the house of residence (if any) belonging thereto; and if any such person shall, without any such licence or exemption as is in this act allowed for that purpose, or unless he shall be resident at some other benefice of which he may be possessed, absent himself from such benefice, or from such house of residence, if any, for any period exceeding the space of three months together, or to be accounted at several times in any one year, he shall, when such absence shall exceed three months and not exceed six months, forfeit one-third part of the annual value of the benefice from which he shall so absent himself; and when such absence shall exceed six months, and not exceed eight months, one-half part of such annual value; and when such absence shall exceed eight months, two-third parts of such annual value; and when such absence shall have been for the whole of the year, three-fourth parts of such annual value. Licence to reside out of the usual House, if unfit. 33. And be it enacted, that it shall be lawful for any bishop, upon application in writing by any spiritual person holding any benefice within his diocese whereon there shall be no house or no fit house of residence, by licence under his hand and seal, to be registered in the registry of the diocese, which the registrar is hereby required to do, to permit such person to reside in some fit and convenient house, although not belonging to such benefice, such house to be particularly described and specified in such licence, and for a certain time to be therein also specified, not exceeding the period by this act limited, and from time to time, as such bishop may think fit, to renew such licence; and every such house shall be a legal house of residence for such specified time to all intents and purposes: provided always, that no such licence shall be granted to such spiritual person to reside in any house unless it be within three miles of the church or chapel of such benefice, nor in case such church or chapel be in any city, or market or borough town, unless such house be within two miles of such church or chapel. Houses purchased by Governors of Queen Anne's Bounty to be deemed Residences. 34. And whereas the governors of the bounty of Queen Anne have purchased, built, or procured, and may hereafter purchase, build, or procure, by way of benefaction or donation to poor benefices, houses not situate within the parishes or places wherein such benefices lie, but so near thereto as to be sufficiently convenient and suitable for the residence of the officiating ministers thereof; be it therefore enacted, that such houses, having been previously approved by the bishop of the diocese, by writing under his hand and seal duly registered in the registry of the diocese, shall be deemed the houses of residence belonging to such benefices to all intents and purposes whatsoever. Vicar or Perpetual Curate may reside in Rectory House. 35. And be it enacted, that in all cases of rectories having vicarages endowed or perpetual curacies the residence of the vicar or perpetual curate in the rectory house of such benefice shall be deemed a legal residence to all intents and purposes whatever; provided that the house belonging to the vicarage or perpetual curacy be kept in proper repair to the satisfaction of the bishop of the diocese. Widow of any Spiritual Person may continue in the House of Residence for Two Months after his Decease. 36. And be it enacted, that from and after the decease of any spiritual person holding any benefice to which a house of residence is annexed, and in which he shall have been residing at the time of his decease, it shall be lawful for the widow of such spiritual person to occupy such house for any period not exceeding two calendar months after the decease of such spiritual person, holding and enjoying therewith the curtilage and garden belonging to such house. Certain Persons exempt from Penalties for Non-residence. 37. And be it enacted, that no spiritual person, being head ruler of any college or hall within either of the universities of Oxford or Cambridge, or being warden of the university of Durham, or being head master of Eton, Winchester, or Westminster School, or principal or any professor of the East India College, having been appointed such principal or professor before the time of the passing of this act, and not having respectively more than one benefice with cure of souls, shall be liable to any of the penalties or forfeitures in this act contained for or on account of non-residence on any benefice. Privileges for temporary Non-residence. 38. And be it enacted, that no spiritual person being dean of any cathedral or collegiate church, during such time as he shall reside upon his deanery, and no spiritual person having or holding any professorship or any public readership in either of the said universities, while actually reidents within the precincts of the university, and reading lectures therein, (provided always, that a certificate under the hand of the vice chancellor or warden of the university, stating the fact of such residence, and of the due performance of such duties, shall in every such case be transmitted to the bishop of the diocese wherein the benefice held by such spiritual person is situate within six weeks after the thirty-first day of December in each year ;) and no spiritual person serving as chaplain of the queen's or king's most excellent majesty, or of the queen dowager, or of any of the queen's or king's children, brethren, or sisters, during so long as he shall actually attend in the discharge of his duty as such chaplain in the household to which he shall belong; and no chaplain of any archbishop or bishop, whilst actually attending in the discharge of his duty as such chaplain; and no spiritual-person actually serving as chaplain of the House of Commons, or as clerk of the queen's or king's closet, or as a deputy clerk thereof, while any such person shall be actually attending and performing the functions of his office; and no spiritual person serving as chancellor or vicar general or commissary of any diocese, whilst exercising the duties of his office; or as archdeacon, while upon his visitation, or otherwise engaged in the exercise of his archidiaconal functions; or as dean or subdean, or priest or reader, in any of the queen's or king's royal chapels at Saint James's or Whitehall, or as reader in the queen's or king's private chapels at Windsor or elsewhere, or as preacher in any of the inns of court, or at the Rolls, whilst actually performing the duty of any such office respectively; and no spiritual person, being provost of Eton College, or warden of Winchester College, or master of the Charter House, or principal of Saint David's College, or principal of King's College, London, during the time for which he may be required to reside and shall actually reside therein respectively, shall be liable to any of the penalties or forfeitures in this act contained for or on account of nonresidence on any benefice for the time in any year during which he shall be so as aforesaid resident, engaged, or performing duties, as the case may be, but every such spiritual person shall, with respect to residence on a benefice under this act, be entitled to account the time in any year during which he shall be so as aforesaid resident, engaged, or performing duties, as the case may be, as if he had legally resided during the same time on some other benefice; anything in this act contained to the contrary notwithstanding. [The extreme length of this Act renders it necessary to divide it; but care will be taken to include the whole in this volume.] TITHE COMMISSION. THE Tithe Commissioners for England and Wales believe it may determine the line of conduct of many tithe-owners and tithe-payers if they now make public the views and intentions of the commission as to the manner in which it will apply its compulsory powers to the commutation of tithes. During the last six months, 1003 voluntary agreements have been received, If the process of commutation were wholly compulsory, the commissioners would not think it prudent or, perhaps, practicable to press it at a quicker rate than this. The apportionments have hitherto been completed with more harmony, and with much less of irritation and opposition than had been generally reckoned on, but they consume much more time than it is desirable they should. The causes of this slowness are, the limited number of persons to whom the parties to the agreements are content to trust the processes either of mapping and measuring or of apportioning, and the great accumulation of work in the hands of that limited number of persons. The Tithe Commissioners, therefore, announce, that while the voluntary commutation proceeds at the pace at which it lately proceeded, it is their intention to interfere compulsorily only in a limited number of cases, which will consist, 1st. Of those in which litigation is in progress. 2dly. Of those in which tithe has been taken in kind prior to the appearance of this circular. 3dly. Of cases in which the commissioners are requested by both titheowners and land-owners to interfere. 4thly. Of cases in which an incumbent has been recently appointed, or may be hereafter admitted, to a rectory or vicarage, and becomes thereby owner of the great or small tithes. The Tithe Commissioners wish it, however, to be understood that, if the progress of voluntary commutation slackens, they may probably think it right to interfere more actively and widely; and that they will interfere at once in any special cases or particular districts, of which the peculiar circumstances appear to them to make an early interference desirable. While making these announcements, the commissioners earnestly advise all parties to commutations to apply themselves deliberately, but resolutely, to the task of making voluntarily their own arrangements. It is true that in few cases the compulsory processes may be completed as cheaply as the voluntary-the award, perhaps, even more cheaply than an agreement; but it is never certain that this will be the case in any one instance. It is highly improbable that it will be the case in the majority of instances. Whenever, either at the commencement of a compulsory commutation, or what will oftener happen accidentally and during its progress, any individual, however small his interest, grows suspicious and litigious, and denies facts as to past transactions and averages, or disputes admeasurements and valuations, he may force on a protracted investigation, re-admeasurements, and fresh maps and re-valuations, which must lead to burthensome and indefinite expenses to be borne by the parties, besides causing a wasteful expenditure of public money. It is, indeed, clear that an apportion made by the commissioners must in nearly every case be more expensive than one conducted by the land-owners themselves. The Tithe Commissioners wish the persons employed to map and apportion to understand very distinctly that, although under the circumstances enumerated here, much forbearance will be exercised towards them; and although the power of taking an apportionment out of their hands will be very cautiously exercised, yet such forbearance will have its limits. The Tithe Commissioners recommend all tithe-owners to take care that the first instalment of their rent-charge is made due, and that tithes should cease to exist on some quarter-day after the confirmation of the apportionment. This will prevent the possibility of there being an interval between the signing of the agreement and the confirmation of the apportionment, during which they may find it practically very difficult to collect either tithe or rent-tithe. They also recommend to all land-owners to contract for the completion of the apportionment by some given day after the confirmation of an agreement or completion of an award; and to stipulate that if the apportionment is not then completed, nothing shall be paid for it. If they do not this, they will run the risk of having, first, to pay partially an apportioner selected by themselves, and, secondly, the expenses of an apportionment made by the commissioners. August 27, 1838. W. BLAMIRE. CHURCH MATTERS. DEVON AND EXETER CENTRAL SCHOOL, AND EXETER NATIONAL SCHOOL. IN the last Number but one, some observations were made on the extreme slowness and unwillingness with which persons of sufficient income in the country subscribe to schools, and on the numbers who refuse to do so at all. The consequent injustice of attacking the |