and advantages of a church establishment, every individual, whether churchman or dissenter, however he might deny it, most unquestionably partook. Wherever a church was built, and ministers appointed, every rank and class in the adjoining society, and every individual in that society, whether he entered the church or not, was in some degree benefited and improved; more especially the poorer and less informed classes were brought under the influence of the Divine precepts and promises. Under those provisions of the national church they might emphatically say, "The poor have the gospel preached to them;" and every agricultural labourer might say, "This soil on which I stand is bound by its occupier to maintain my parish church, to which I have a right to go in the service of my religion.' Look at our numerous parish churches-see them filled, as they did see them, every Sabbath-day with agricultural labourers, baptized there, trained in the Sunday-school, led to confirmation and sacrament, seated on the same benches where their fathers and fathers' fathers had sat before, and they would not, could not, wish to leave in wilful neglect that church and those ordinances through which the comforts of divine grace were spread, and to withhold the powers of their office in assisting to further the blessings of which it was their glory and privilege to be in the humblest manner instrumental in promoting. If they really believed the church to be a blessing-if they sincerely loved Him who had purchased and redeemed it with his own blood, they would wish her good luck; for their brethren and companions' sake they would seek to do her good. "And may Almighty God," said the archdeacon in conclusion, so direct and rule the hearts of us all, that his church may be godly and peaceably ordered, and devoutly given to serve him joyfully in all good works."

EXTRACT FROM ARCHDEACON LYALL'S CHARGE.

66

I have to apologize to you, my reverend brethren, for the length to which these remarks have extended; but having said thus much to you on the general policy of church-rates, I must, I fear, still further intrude upon your time and patience, while I address a few observations to the churchwardens on the present state of the law as affecting this important question; and I am the rather induced to do so, because the particular view of the subject which I have always taken appears to have escaped attention.

The question is-supposing the majority of the parishioners assembled in vestry to refuse a rate for the necessary repairs of the church, which they are by common law obliged to maintain, is there any power of compelling them to perform this duty? This is the question; but the point commonly put is very different from this-namely, whether, in the case where a majority of the parishioners have refused a rate, the churchwardens possess the power, under their own authority, of making one?

Now about this last point there are many and serious doubts; but about the former, my opinion (which, however, you will receive, gentlemen, with due allowance, remembering that my profession is not that of a lawyer) is, that there are not any.

It is admitted on all hands that it is the duty of the churchwardens to repair the church, and that they are responsible to the ordinary for the performance of this duty. The churchwardens are likewise, in the first instance, (as is not denied,) the judges, both as to the necessity and the extent of the repairs required, as also of the amount of the rate which is to be levied. But is it to be inferred, therefore, that the parishioners have no voice in these matters? That surely would not be agreeable to reason, nor is it, I appre hend, agreeable to law. In case the parishioners assembled in vestry should think the repairs not necessary, or too extensive, or the estimate too high, they have no doubt the power of withholding their sanction, not as against the principle of a rate, but as against the judgment of the churchwardens in this particular case, who, in such circumstances, must appeal to the ordinary. The eal question, then, is, whether, in this supposed case, the refusal of the

parishioners can be pleaded as a bar to such repairs, when ordered under the authority of the archdeacon? This appears to me to be the true question. It is not, as is commonly stated, a question between the parishioners and the churchwardens, but a question between the parishioners and the archdeacon. And putting the case in this way, it is one, gentlemen, on which I feel myself entitled to speak with some confidence, because since my appointment to the office which I have the honour to hold, I have twice brought the question to issue as far as I could, and on both occasions my authority was affirmed.

At the first parochial visitation, which I held at Coggeshall, the orders which I left behind me with the churchwardens were disputed in the vestry. The churchwardens appealed to me for advice. Thereupon, I renewed the orders which I had before given them, and desired them to take the dissentients into the Ecclesiastical Court; at the same time putting into their hands a written guarantee, purporting to bear them harmless against all costs in case the decision of the court should not be in their favour.

On this, a second vestry was summoned; and it was agreed to take the opinion of a certain learned judge (who at that time was not the member for the Tower Hamlets,) and then his opinion was, that the parishioners of Coggeshall must submit to the orders of the archdeacon, which accordingly was done.

The next case, gentlemen, was that of Wix, in the Tendring Hundred. Here the parishioners did not refuse to repair the church, but denied my authority to compel them to appoint churchwardens. I directed a vestry to be called for the purpose of taking the sense of the parish upon the question, which was assembled accordingly, and the majority came to a determination not to admit my authority, nor comply with my decree.

As churchwardens are considered to be civil and not ecclesiastical officers, I was in this case compelled to proceed against the parish in the courts of common law. I applied, therefore, for a mandamus, which was granted accordingly; and the result was, that churchwardens were forthwith appointed. Now, gentlemen, I consider that though the first of these cases does not affirm the power of the churchwardens to levy a rate under their own authority, yet it goes to establish that authority upon an appeal to the archdeacon. And the second case is also clear to the point, that the common law of England, which calls upon all parishes to repair their church, and for this purpose to elect churchwardens, cannot be defeated simply by the non-consent of the parishioners.

DOCUMENTS.

AN ACT TO EXPLAIN AND AMEND TWO ACTS PASSED IN THE LAST SESSION OF PARLIAMENT, FOR MARRIAGES, AND FOR REGISTERING BIRTHS, DEATHS, AND MARRIAGES, IN ENGLAND.

ANNO PRIMO VICTORIE REGINE.

[30th June, 1837.]

Meaning of the Words "Notice to the Registrar and Registrar's Certificate.” WHEREAS by an act made in the last session of parliament, intituled "An Act for Marriages in England," and by another act, intituled "An Act for Registering Births, Deaths, and Marriages in England," sundry provisions were made for the duties of superintendent registrars and also of registrars and deputy registrars of births, deaths, and marriages, which several provisions require to be further explained and amended: And whereas the recited acts require amendment in other respects: Be it therefore 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 where in the said act for marriages in England provision is made for giving notice of marriage to any registrar, and where in the last-recited act, or any schedule thereunto annexed, mention is made of any such notice, or of the registrar's certificate of any such notice, the same shall be construed respectively to mean the notice to be given to the superintendent registrar, and the certificate thereof to be issued by the superintendent registrar, according to the provisions for that purpose contained in the last-recited act.

Certificate of Baptismal Name to be made by Registrar or Superintendent

Registrar, as the case may be.

2. And whereas by the said act for registering births, deaths, and marriages, it is provided, that, in the case of any child to which any name shall be given in baptism after its birth shall have been registered under the provisions of the said act, a certificate shall be delivered in manner provided by the said act, signed by the minister who shall have performed the rite of baptism, and that the registrar shall certify upon the said certificate the additional entry in the register book thereupon required by the said act to be made, and shall forthwith send the said certificate through the post office, to the registrar general; be it enacted, that the certificate that such additional entry has been made shall be made and sent as aforesaid by the registrar or superintendent registrar, as the case may be, to whom the minister's certificate shall have been delivered according to the provisions of the said act.

Superintendent Registrars unduly issuing Licences, or solemnizing Marriages,

guilty of Felony.

3. And be it enacted, that every superintendent registrar who shall knowingly and wilfully issue any licence for marriage after the expiration of three calendar months after the notice shall have been entered by the superintendent registrar, as provided by the said act for marriages, or who shall knowingly and wilfully solemnize or permit to be solemnized in his office any marriage in the last-recited act declared to be null and void, shall be guilty of felony.

Whereunto Committals shall be.

4. And whereas in that part of the said act for registering births, deaths, and marriages, in England, which provides for the recovery of penalties the word "offender" has been once inserted by mistake instead of the word “offence;" be it enacted, that in all cases in which any justices are by the lastrecited act authorized to imprison any offender against the last-recited act, the place of imprisonment shall be the common gaol or house of correction for the county, city, or place where the offence shall be committed.

Registrar General's Certificate of frivolous Caveat to be Evidence.

5. And be it enacted, that for the purpose of enabling any person to recover costs and damages in any action, as provided by the said act for marriages, from any person who shall have entered a caveat on frivolous grounds with the superintendent registrar, a copy of the declaration of the registrar general, purporting to be sealed with the seal of the general register office, shall be evidence that the registrar general has declared such caveat to have been entered on frivolous grounds, and that they ought not to obstruct the grant of the licence or issue of the certificate, as the case may be; and such declaration shall have the effect of the declaration required in such case by the said act for marriages.

Commencement of Marine Register Book.

6. And whereas it hath been doubted, under the provisions of the said act for registering births, deaths, and marriages in England, when the registration of the births and deaths of persons born and dying at sea ought to begin; be

it enacted, that the marine register books shall begin with the birth and death respectively which shall happen of persons born or dying at sea after the last day of June, one thousand eight hundred and thirty-seven, and of which a certificate shall be first sent to the registrar general according to the provisions of the last-recited act, and shall not contain any registry of the birth or death of any person born or dying at sea before the first day of July, one thousand eight hundred and thirty-seven.

Privilege of Franking extended to the United Kingdom.

7. And be it enacted, that the registrar general may receive and send by the general post from and to all ports and places in the united kingdom of Great Britain and Ireland all letters and packets relating exclusively to the execution of the said acts for marriages, and for registering births, deaths, and marriages, or of this act, free from the duty of postage, subject to the provisions and conditions of the said act for registering births, deaths, and marriages, with respect to letters and packets so received or sent by him from and to places in England.

Place of Birth or Death may be inserted in the Register.

8. And be it enacted, that it shall be lawful for the registrar general, if he shall think fit, to direct that the place of birth or death of any person whose birth or death shall be registered under the said act for registering births, deaths, and marriages, shall be added to the entry in such manner as the registrar general shall direct; and such addition, when so made, shall be taken to all intents to be part of the entry in the register.

Provision for including Extra-parochial Places in Registrar Districts.

9. And be it enacted, that it shall be lawful for the registrar general, with the consent of the poor law commissioners, to direct that any place lying wholly within but not being part of any union, parish, or place for which a board of guardians shall have been established under the provisions of an act passed in the fourth and fifth years of his late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales," shall be part of any one or more registrars' districts within such union, parish, or place, and within the superintendence of the superintendent registrar thereof, or if not lying wholly with any one such union, parish, or place as last aforesaid, then to be for those purposes annexed to such union, parish, or place as last aforesaid, as the registrar general, with the consent of the poor law commissioners, shall direct.

Registrar General may unite Districts.

10. And be it enacted, that it shall be lawful for the registrar general, if he shall see fit, with the approval of one of her Majesty's principal secretaries of state, to unite any two or more unions, parishes, or places for which a board of guardians shall have been established under the act last aforesaid, or any two or more superintendent registrars' districts into one superintendent registrar's district; and in every such case of union the registrar general shall declare by which board of guardians the superintendent registrar shall thenceforward be appointed; and the superintendent registrar of the union, parish, or place for which such board is established shall from the time of such union be the sole superintendent registrar of such united district; and every provision of the said acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and to the districts under their superintendence, and to boards of guardians within such districts, shall apply to every such superintendent registrar, and to every such district, and to the board of guardians so selected and declared; and all register boxes, keys, books, documents, and papers in the possession of any superintendent registrar who shall cease to be such under the provisions of this act shall be

delivered to the superintendent registrar of the united district, and may be recovered in the manner provided by the last-recited acts, and shall be removed from the office of the person ceasing to be superintendent registrar to the office of the superintendent registrar of the united district; and the office of every superintendent registrar ceasing to be such under the provisions of this act shall from the time of such union as last aforesaid cease to be a register office within the meaning of the said last-recited acts, and it shall be lawful for the commissioners of her majesty's treasury, or any three of them, to cause to be repaid out of the consolidated fund such sum as the board of guardians shall have legally paid or for which they may have lawfully become liable as such guardians, for the sole purpose of providing a register office; and in every case in which such union as last aforesaid shall be intended to take place, the registrar general shall give public notice thereof, and of the time when the same shall take effect, by advertisement in the "London Gazette," and in some newspaper circulating within the county; and every such union shall take effect from the day named in such advertisement in the "London Gazette."

Registrar General may divide Union Districts.

11. And be it enacted, that it shall be lawful for the registrar general, if he shall see fit, with the approval of one of her majesty's principal secretaries of state, to divide any union, parish, or place, or any superintendent registrar's district, into two or more superintendent registrars' districts, and notice of every such division shall be published in the London Gazette ;" and in every such case the guardians shall appoint a sufficient number of persons, with such qualifications as the registrar general may by any general rule declare to be necessary, to be superintendent registrars of the new districts, and shall also appoint the district for which the clerk to the guardians or other person who may have been theretofore appointed as superintendent registrar of the whole union, parish, or place, shall continue to be superintendent registrar; and every provision of the said recited acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and the districts under their superintendence, shall apply to every superintendent registrar so appointed, and to the district for which he shall be so appointed.

As to Locality of Superintendent Registrar's Office.

12. And be it enacted, that the superintendent registrar's office shall be taken, for the purposes of the said act for marriages, and for registering births, deaths, and marriages, and of this act, to be within the district of which it is the register office, although not locally situated therein.

If Guardians neglect to form Registrars' Districts, Poor Law Commissioners shall form them and appoint Registrars thereto.

13. And be it enacted, that in case any such board of guardians of any union, parish, or place, as aforesaid, shall not have divided such union, parish, or place into registrars' districts, with the approval of the registrar general, before the first day of July now next ensuing in case the said board was established before the first day of March now last past, or within three calendar months next after their establishment in case the said board shall have been established on or after the said first day of March, the poor law commissioners for England and Wales shall divide such union, parish, or place into registrars' districts, and shall appoint a registrar to each of such districts, qualified according to the provisions of the said act for registering births, deaths, and marriages; and every registrar so appointed shall hold his office during the pleasure of the registrar general.

If Guardians neglect to appoint Registrars or Superintendent Registrars, the Registrar General to appoint them.

14. And be it enacted, that in every case in which the clerk to any such board of guardians shall not think fit or shall be disqualified to accept the