36 Geo. 3, c. 83. be determined in a summary manner." And though this statute generally had been repealed, this clause was preserved, for by 57 Geo. 3, c. 99, s. 1 (the repealing statute), it is enacted that "From and after the passing of this act .. so much of the said recited act of the 36th year of the reign of his present majesty as relates to the maintenance of curates within the Church of England and making provision for appointing stipends for such curates. ... shall be repealed.” 1 & 2 Vict. c. 106. Non-resident incumbents neglecting to appoint curates, the bishop to appoint. Now, however, by "The Statute Law Revision Act, 1871," 34 & 35 Vict. c. 116, the 36 Geo. 3, c. 83, is (apparently by inadvertence) wholly repealed. The enactments of the last statute relating to curates, and the 1 & 2 Vict. c. 106, with relation to curates, are as follows:: Sect. 75. "If any spiritual person holding any benefice, who shall not actually reside thereon nine months in each year (unless such person shall, with the consent of the bishop, from time to time, signified in writing under his hand and revocable at any time, perform the ecclesiastical duties of the same, he either being resident on another benefice, of which he shall also be the incumbent, or having a legal exemption from residence on his benefice, or having a licence to reside out of the same, or to reside out of the usual house of residence belonging to the same), shall for a period exceeding three months altogether, or to be accounted at several times, in the course of any one year absent himself from his benefice, without leaving a curate or curates duly licensed or approved by the bishop to perform such ecclesiastical duties, or shall, for a period of one month after the death, resignation or removal of any curate who shall have served his church or chapel, neglect to notify such death, resignation or removal to the bishop, or shall for the period of four months after the death, resignation or removal of such curate neglect to nominate to the bishop a proper curate, in every such case the bishop is hereby authorized to appoint and license a proper curate, with such salary as is by this act allowed and directed, to serve the church or chapel of the benefice in respect of which such neglect or default shall have occurred: provided always, that such licence shall in every case specify whether the curate is required to reside within the parish or place, or not; and if the curate is permitted by the bishop to reside out of the parish or place, the grounds upon which the curate is so permitted to reside out of the same shall be specified in such licence; and the distance of the residence of any curate from any such church or chapel which he shall be licensed to serve shall not exceed three statute miles, except in cases of necessity, to be approved by the bishop, and specified in the licence." stances. Sect. 76. "In every case where a curate is appointed to Curate to serve in any benefice upon which the incumbent either reside on benedoes not reside or has not satisfied the bishop of his full certain circumfices, under purpose to reside during four months in the year, such curate shall be required by the bishop to reside within the parish or place in which such benefice is situate, or if no convenient residence can be procured within such parish or place, then within three statute miles of the church or chapel of the benefice in which he shall be licensed to serve, except in cases of necessity, to be approved of by the bishop and specified in the licence, and such place of residence shall also be specified in the licence." issue a commission, and on their report appoint a curate; Sect. 77. "Whenever the bishop shall see reason to If duty inadebelieve that the ecclesiastical duties of any benefice are in- quately performed, the adequately performed, it shall be lawful for him to issue a bishop may commission to four beneficed clergymen of his diocese, or if the benefice be within his peculiar jurisdiction but locally situate in another diocese, then to four beneficed clergymen of such last-mentioned diocese, one whereof shall be the rural dean, if any, of the rural deanery or district wherein such benefice is situated, directing them to inquire into the facts of the case; and it shall be lawful for the incumbent of the said benefice to add to such commissioners one other incumbent of a benefice within the same diocese; and if the said commissioners or the major part of them report in writing under their hands to the said bishop that in their opinion the duties of such benefice are inadequately performed, it shall be lawful for such bishop, if he shall see fit, by writing under his hand, to require the spiritual person holding such benefice, though he may actually reside or be engaged in performing the duties thereof, to nominate to him a fit person or persons, with sufficient stipend or stipends, to be licensed by him to perform or to assist in performing such duties, specifying therein the grounds of such requisition; and if such spiritual person shall neglect or omit to make such nomination for the space of three months after such requisition so made as aforesaid, it shall be lawful for the bishop to appoint and license a curate or curates, as the case shall appear to him to require, with such stipend or stipends as he shall think fit to appoint, not exceeding the respective stipends allowed to curates by this act in the case of nonresident incumbents, nor, except in the case of negligence, exceeding one half of the net annual value of such benefice; and such bishop shall cause a copy of every such requisition, and the evidence to found the same, to be but incumbent forthwith filed in the registry of his court: provided may appeal. always, that it shall be lawful for any such spiritual person within one month after the service upon him of such requisition to nominate a curate, or of notice of any such appointment and licence of such curate or curates, to appeal to the archbishop of the province, who shall approve or revoke such requisition, or confirm or annul such appointment, as to him may seem just and proper." And with respect to curates in Welsh dioceses it is enacted that, sect. 105," All the provisions and powers of this act relating to the appointment of curates where the ecclesiastical duties are inadequately performed shall within the several dioceses of St. Asaph, Bangor, Llandaff, and St. David's extend and apply to cases wherein the bishop shall see reason to believe that the ecclesiastical duties of any benefice are not satisfactorily performed by reason of the insufficient instruction in the Welsh language of the spiritual person serving such benefice." Sect. 78. "Whenever the annual value of any benefice the incumbent whereof was not in possession at the time of the passing of this act shall exceed five hundred pounds, and the population thereof shall amount to three thousand persons, or though the population do not amount to three thousand persons, if there be in the said benefice a second church or chapel situated not less than two miles from the mother church, and with a hamlet or district connected with it containing four hundred persons, it shall be lawful for the bishop, if he shall see fit, to require the spiritual person holding such benefice, although he shall be resident thereon or engaged in performing the duties thereof, to nominate a fit and proper person to be licensed as a curate to assist in performing the duties of such benefice, and to be paid by the person holding the same; and if a fit person shall not be nominated to the bishop within three months after his requisition for that purpose shall have been delivered to the incumbent, or left at his last or usual place of abode, it shall be lawful for the bishop to appoint and license a curate, with such stipend as he shall think fit to appoint, not exceeding the respective stipends allowed to curates by this act, nor in any case exceeding one-fifth part of the net annual value of the benefice: provided always, that such spiritual person may, within one month after service upon him of such requisition to nominate a curate, or of notice of any such appointment of a curate, appeal to the archbishop of the province, who shall approve or revoke such requisition, or confirm or annul such appointment as to him may appear just and proper.' mittee of Sect. 79. "In case of a stipend being assigned by the Stipend to be bishop, according to the provisions of this act, to the curate paid by comof any benefice, the incumbent whereof shall have been lunatic's estate. duly found a lunatic or person of unsound mind, the committee of the estate of any such lunatic or person of unsound mind shall pay such stipend to such curate out of the profits of the benefice which shall come to his hands." With regard to the amount of duty, it is enacted as follows:-Sect. 80. "It shall be lawful for the bishop, in Bishops may his discretion, to order that there shall be two full services, enforce two each of such services, if the bishop shall so direct, to in-services on Sundays in clude a sermon or lecture on every Sunday throughout certain cases. the year, or any part thereof, in the church or chapel of every or any benefice within his diocese, whatever may be the annual value or the population thereof; and also in the church or chapel of every parish or chapelry, where a benefice is composed of two or more parishes or chapelries, in which there shall be a church or chapel, if the annual value of the benefice arising from that parish or chapelry shall amount to one hundred and fifty pounds, and the population of that parish or chapelry shall amount to four hundred persons: provided always, that nothing herein Not to affect contained shall be taken to repeal or affect the provisions the provision of an act (58 Geo. 3, c. 45), by which the bishop of any 58 Geo. 3, c. 45, diocese is empowered to direct the performance of a third s. 65, as to or additional service in the several churches or chapels within his diocese under the circumstances therein mentioned" (k). of the act third service. more than two It is, however, provided that, sect. 106, "No spiritual No spiritual person shall serve more than two benefices in one day person to serve unless in case of unforeseen and pressing emergency, in benefices in which case the spiritual person who shall so have served one day. more than two benefices shall forthwith report the circumstance to the bishop of the diocese." any per Sect. 81. "Every bishop to whom any application shall Statement of be made for any licence for a curate to serve for particulars necessary to be son not duly residing upon his benefice shall, before he given on applishall grant such licence, require a statement of all the cation for a particulars by this act required to be stated by any person curate. applying for a licence for non-residence." licence for a As to fees for licence, it is enacted that, sect. 82, "Every Fee for licence. curate obtaining such licence as aforesaid shall pay to the (k) That is, when the existing churches in the parish cannot accommodate the population. The incumbent is required to nomi nate a curate to perform the ser- Bishop shall appoint stipends to curates; and decide differences respecting them. No appeal. Stipends to curates to be according to specified scale, proportioned to the value and population secretary or other proper officer of the bishop for the same the sum of ten shillings, over and above any stamp duty which may be chargeable thereon, which sum of ten shillings shall be in lieu of all fees heretofore demandable by such secretary or officer for such licence, or for any certificate connected therewith.” As to stipends, it is enacted as follows:-Sect. 83. "It shall be lawful for the bishop of the diocese and he is hereby required, subject to the several provisions and restrictions in this act contained, to appoint to every curate of a nonresident incumbent such stipend as is specified in this act; and every licence to be granted to a stipendiary curate, whether the incumbent of the benefice be resident or nonresident thereon, shall specify the amount of the stipend to be paid to the curate; and in case any difference shall arise between the incumbent of any benefice and his curate touching such stipend, or the payment thereof or of the arrears thereof, the bishop, on complaint to him made, may and shall summarily hear and determine the same, without appeal; and in case of wilful neglect or refusal to pay such stipend or the arrears thereof, he is hereby empowered to enforce payment of such stipend, or the arrears thereof, by monition and by sequestration of the profits of such benefice.' Sect. 85. "In every case in which any spiritual person shall have been, since the twentieth day of July, 1813, or shall hereafter be instituted, inducted, nominated, or appointed to, or otherwise become incumbent of, any benefice, and shall not duly reside thereon, the bishop shall of the benefice, appoint for the curate licensed under the provisions of this act to serve such benefice such stipend as is hereinafter next mentioned; (that is to say,) such stipend shall in no case be less than eighty pounds per annum, or than the annual value of the benefice, if such value shall not amount to eighty pounds; nor less than one hundred pounds per annum, or than the whole value, if such value shall not amount to one hundred pounds, in any parish or place where the population shall amount to three hundred persons; nor less than one hundred and twenty pounds per annum, or than the whole value, if such value shall not amount to one hundred and twenty pounds, in any parish or place where the population shall amount to five hundred persons; nor less than one hundred and thirty-five pounds per annum, or than the whole value, if such value shall not amount to one hundred and thirty-five pounds, in any parish or place where the population shall amount to seven hundred and fifty persons; nor less that one hundred and fifty pounds per annum, or than the whole value, if such |