church of Great Britain and Ireland,) the right honourable Dudley Earl of Harrowby, the right honourable Henry Hobhouse, and the right honourable Sir Herbert Jenner, Knight, shall, for the purposes of this act, be one body politic and corporate by the name of "The Ecclesiastical Commissioners for England," and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have power and authority to take and purchase and hold lands, tenements, and hereditaments, to them, their successors and assigns, for the purposes of this act, the statutes of mortmain, or any other act or acts to the contrary hereof notwithstanding.

How Vacancies to be supplied.

2. And be it enacted, that the two last-named bishops, and the three last named lay commissioners, shall be at all times removable by his Majesty in council by warrant under the sign manual; and that when any vacancy shall occur, by death, removal, resignation, or otherwise, among the two last-named bishops and the three last-named lay commissioners, or among such of the future commissioners under this act as shall not have become such commissioners by virtue of any dignity or office, according to the provisions of this act, it shall be lawful for his Majesty to fill up such vacancy by appointing under his royal sign manual, instead of any such commissioner being a bishop, some other bishop of England or Wales, and instead of any such commissioner being a layman, some other layman, being a member of the said church, to be a commissioner under this act; and every such bishop or person so to be appointed shall accordingly become, to all intents and purposes, one of the commissioners for the purposes of this act.

Commissioners to subscribe a Declaration.

3. And be it enacted, that every such commissioner, whether herein named or hereafter to be appointed, not being an archbishop or bishop, shall, before acting under the said commission, and at the first meeting he shall attend, subscribe in the book of minutes of the proceedings of the said commissioners a declaration in the words following:

"I do hereby solemnly, and in the presence of God, testify and declare that I am a member of the united church of England and Ireland as by law established. Witness my hand this day of

Five Commissioners to form a Quorum.

4. And be it enacted, that all acts, matters, and things which the said commissioners are, by any of the provisions of this act, authorized or required to do and perform, shall and may be done and performed by any five of such commissioners: provided always, that such five commissioners be for such purpose assembled at a meeting whereof due notice shall have been given to all the said commissioners.

Assent of Meeting of Episcopal Commissioners essential to Acts under Seal, &c.

5. Provided always, and be it enacted, that no proceeding which requires to be ratified and confirmed by the common seal of the corporation shall be finally concluded, nor the said seal affixed to any deed or instrument, save at a meeting whereof notice shall have been in like manner given, and whereat two at least of the said episcopal commissioners shall be personally present: provided also, that in case any two episcopal commissioners, being the only episcopal commissioners present, shall object to the ratification and confirmation of any such proceeding as aforesaid, or to the affixing of such seal to any deed or instrument as aforesaid, such ratification or affixing of the seal shall not take place until a subsequent meeting of the commissioners shall have been held, after due notice thereof shall have been given.

Who to be Chairman.

salt of Josidue 6. And be it enacted, that at each meeting of the said commissioners the

commissioner first in rank and precedence there present shall preside as chairman, and in case of the equality in rank and precedence of all the commissioners so present, then the senior commissioner in the order of appointment shall so preside; and the chairman at all such meetings shall not only vote as a commissioner, but shall also in case of the equality of votes have the casting or decisive vote.

Commissioners to appoint a Treasurer, Secretary, and other Officers.

7. And be it enacted, that the said commissioners may from time to time appoint a treasurer and secretary, and such clerks, messengers, and officers as they shall deem necessary, and from time to time, at the discretion of the said commissioners, may remove such treasurer, secretary, clerks, messengers, and officers, or any of them, and appoint others in their stead: provided always, that the amount of the salaries of such treasurer, secretary, clerks, messengers, and officers shall from time to time be regulated by the Lord High Treasurer, or the Lords Commissioners of his Majesty's treasury, or any three or more of them.

Secretary to make and keep Minutes.

8. And be it further enacted, that the secretary or other officer of the said commissioners shall keep a book, in which he shall make minutes of the proceedings of the said commissioners at their several meetings, and enter the names of the commissioners present thereat; and such entry of the proceedings at each meeting shall be signed by the chairman thereof.

Commissioners may call and examine Witnesses, &c., and administer an Oath

or a Declaration.

9. And be it enacted, that it shall be lawful for the said commissioners, by summons under the hand of the chairman of any such meeting, to require the attendance of any person whom they shall think fit to examine touching any matter within their cognizance, also to make any inquiries, and call for any answers or returns, as to any such matter, and also to administer oaths, and examine every such person upon oath, and to cause to be produced before them, upon oath, all statutes, charters, grants, rules, regulations, bye laws, books, deeds, contracts, agreements, accounts, and writings whatsoever, or copies thereof respectively, in anywise relating to any such matter; or, in lieu of requiring such oath as aforesaid, the said commissioners may, if they think fit, require any such person to make and subscribe a declaration of the truth of his examination.

Commissioners to lay Schemes before the King in Council for carrying into effect their Recommendations.

10. And be it enacted, that the said commissioners shall from time to time prepare, and lay before his Majesty in council, such schemes as shall appear to the said commissioners to be best adapted for carrying into effect the hereinbefore recited recommendations, and shall in such schemes recommend and propose such measures as may, upon further inquiry, which the said commissioners are hereby authorized to make, appear to them to be necessary for carrying such recommendations into full and perfect effect: provided always, that nothing herein contained shall be construed to prevent the said commissioners from proposing in any such scheme such modifications or variations as to matters of detail and regulation as shall not be substantially repugnant to any or either of the said recommendations, and in particular, that it shall be competent to the said commissioners to propose in any such scheme that all parishes, churches, or chapelries which are locally situate in any diocese, but subject to any peculiar jurisdiction other than the jurisdiction of the bishop of the diocese in which the same are locally situate, shall be only subject to the jurisdiction of the bishop of the diocese within which such parishes, churches, or chapelries are locally situate.ti

For preventing Appointment of Clergymen in Wales not acquainted with the
Welsh Language.

11. And be it enacted, that the said commissioners shall prepare and lay before his Majesty in council such scheme as shall appear to the said commissioners to be best adapted for preventing the appointment of any clergyman not fully conversant with the Welsh language to any benefice with cure of souls in Wales in any parish the majority of the inhabitants of which do not understand the English language.

King in Council may make Orders for carrying Schemes into effect; which shall be registered in each Diocese respectively.

12. And be it enacted, that when any scheme prepared under the authority of this act shall be approved by his Majesty in council, it shall be lawful for his Majesty in council to issue an order or orders ratifying the same, and specifying the time or times when such scheme, or the several parts thereof, shall take effect, and to direct in every such order that the same be registered by the registrar of each of the dioceses the bishops whereof may or shall be in any respect affected thereby, and in any newly-created diocese by such person as shall be for that purpose named in such order, which person shall in such last-mentioned diocese become registrar there, and so continue as long as he shall demean himself well in his office.

And Gazetted.

13. And be it enacted, that every such order shall, as soon as may be, after the making and issuing thereof by his Majesty in council be inserted and published in the London Gazette.

And then to be of full Effect for all Purposes and as to all Persons.

14. And be it enacted, that so soon as any such order in council shall be so registered and gazetted it shall in all respects, and as to all things therein contained, have and be of the same force and effect as if all and every part thereof were included in this act, any law, statute, canon, letters patent, grant, usage, or custom to the contrary notwithstanding.

Copies of Orders to be laid before Parliament.

15. And be it enacted, that a copy of every order of his Majesty in council made under this act shall be laid before each house of Parliament in the month of January in every year, if parliament shall be then sitting, or if parliament be not then sitting within one week after the next meeting thereof.

Registrars to register all Orders, subject to a Penalty for Neglect.

16. And be it enacted, that the registrar of every diocese to whom any order of his Majesty in council, made by virtue of this act, shall be delivered, shall forthwith register the same in the registry of his diocese; and the persons who shall be for that purpose appointed in the dioceses of Manchester and Ripon shall forthwith register every such order in books to be by them for that purpose provided, which shall thenceforth become the registry of those dioceses respectively; and if any such registrar or other person shall refuse or neglect to register any such order he shall for every day during which he shall so offend forfeit twenty pounds, and if his offence shall continue for the space of three months he shall forfeit his office, and it shall be lawful for the bishop of the diocese, or for his Majesty, as the case may be, to appoint a successor thereto.

Fee to Registrar.

17. And be it enacted, that for such registration as aforesaid no registrar shall be entitled to receive any fee or reward, but that on every search for any such order he shall be entitled to receive a fee of three shillings, and for

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every copy or extract of any such order certified by him, he shall be entitled to receive for every folio of ninety words four-pence; and the copy of every such entry, certified by the registrar, shall be admissible as evidence in all courts and places whatsoever.

No Commendams to be held by Bishops.

18. And be it enacted, that after the passing of this act no ecclesiastical dignity, office, or benefice shall be held in commendam by any bishop, unless he shall so hold the same at the time of passing thereof; and that every commendam thereafter granted, whether to retain or to receive, and whether temporary or perpetual, shall be absolutely void, to all intents and purposes.

Jurisdiction of Archdeacons.

19. And be it enacted, that all archdeacons throughout England and Wales shall have and exercise full and equal jurisdiction within their respective archdeaconries, any usage to the contrary notwithstanding.

This Act not to affect the Jurisdiction of the Ecclesiastical Courts for One Year.

20. And whereas it may be expedient to consider the state and jurisdiction of all the ecclesiastical courts in England and Wales; be it enacted, that nothing herein contained, nor any order of his Majesty in council made under the authority of this act, either for altering the limits of either of the existing provinces, or the boundaries of any existing diocese or archdeaconry, or for uniting any existing sees, or for creating any new bishoprick or archdeaconry, or for appointing any registrar under the provisions of this act, or for any other purpose whatever, shall, for one year after the passing of this act, or if parliament shall be then sitting, till the end of the session of parliament, in any manner affect or be construed to affect the jurisdiction, power, or authority of any or either of the existing ecclesiastical courts in England or Wales, or the extent or limits thereof, but that during such period as last aforesaid every such court shall continue in all matters whatsoever arising within its present limits to exercise the same jurisdiction as heretofore by law allowed. Monitions to reside, and for Payment of Stipends, &c., to issue in Name of the Bishop.-Same Court to have Jurisdiction therein as at present.

21. And be it enacted, that in all cases of monitions to reside, and monitions for the payment of the stipends of curates, and of proceedings consequent thereupon, except as hereinafter excepted, and in all cases of licences granted to spiritual persons, the same shall issue only under the authority and in the name of the bishop of the diocese, whether such diocese be according to the present territorial limits or as altered or newly created under the authority of this act provided always, that if it be necessary to institute in any ecclesiastical court proceedings thereupon or in consequence thereof, such proceedings shall be commenced, carried on, and decided in and by the same. court which at the time of the passing of this act would be entitled to exercise jurisdiction in such matters respectively, and in the case of proceedings at the instance of a bishop, in the name of the judge of such court: provided also, that nothing herein contained shall affect any peculiar belonging to t either of the archbishops at the time of the passing of this act, but that everyd such peculiar, except as may be otherwise provided by any order of his fond Majesty in council, made and issued in pursuance of this act, shall to allure intents and purposes, and in all respects, remain subject to the same authority and jurisdiction as if this act had not been passed.

syderox on Law of Bona notabilia not

altered for One Year.

22. And be it t enacted, that nothing herein contained, nor any such v order in council as aforesaid, shall, during such period as last aforesaid, be VOL X.-Nov. 1836. 4 H

construed to alter, in any respect whatsoever, the law of bona notabilia as it exists at the time of the passing of this act, notwithstanding any change of province, diocese, archdeaconry, or any other jurisdiction whatsoever.

Marriage Licences.

23. And be it enacted, that all marriage licences shall, during such period as last aforesaid, continue to be granted in the same manner and by the same authorities respectively as before the passing of this act.

Ecclesiastical Courts to enforce Production of Documents.

24. And be it enacted, that during such period every ecclesiastical court in which any proceedings shall be had shall have power to send for and enforce the production of all original instruments and documents relating to such proceedings by whatever ecclesiastical authority the same may have been issued.

Future Appointments to Offices in Ecclesiastical Courts not to give a

vested Interest.

25. And be it further enacted, that in case the office of judge, registrar, or other officer of any or either of the ecclesiastical courts in England or Wales (except the prerogative court of Canterbury) shall become vacant during such period as last aforesaid, the person who may be thereunto appointed shall accept and take such office subject to all regulations and alterations affecting the same which may be hereafter made and provided by or under the authority of parliament, and shall not by his appointment thereto acquire any vested interest in such office, nor any claim or title to compensation in respect thereof, in case the same shall be hereafter abolished by parliament. Provisions applicable to Church Commissioners under Municipal Reform Act to apply to Commissioners under this Act.

26. And whereas by an act passed in the fifth and sixth years of his present Majesty, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales," provision was made concerning the sale of certain ecclesiastical preferments in the patronage of the several municipal corporations therein mentioned, at such time and in such manner as the commissioners appointed to consider the state of the established church in England and Wales, with reference to ecclesiastical duties and revenues, should direct; be it enacted, that from and after the passing of this act the provisions in the said recited act contained which apply to the said commissioners shall apply and be held to apply to the commissioners appointed under this act by the style and title of "The Ecclesiastical Commissioners for England."

RESOLUTIONS RESPECTING METROPOLIS CHURCH FUND.*

Ar a meeting held at No. 14, Salisbury-square, on the 23rd day of June, 1836, E. V. Sidebottom, Esq., in the chair, the printed proposals of the Bishop of London, for the creation of a fund to be applied to the building and endowment of additional churches in the metropolis, were read and considered, and the following statement was, after some discussion, adopted by the meeting:

:

Statement in reference to the Bishop of London's Proposals for
additional Churches.

It is proposed by this meeting to adopt measures, both to increase the Bishop of London's Fund, and to obtain such an arrangement of the patronage

It will be understood that these resolutions are not inserted from admiration of them. They are a curious document.