sons from liability to fine for non-acceptance of office, under s, 51 of the Municipal Act.

See the next statute, extending further relief,

II. And be it enacted, that such affirmation or declaration shall be of the same force and effect as if the person making it had made or subscribed the declarations aforesaid as contained in the said act of the ninth year of the reign of King George the Fourth and the fifth and sixth years of King William the Fourth respectively.

Such declara

tion to be of

the same force

as that in 9

Geo. 4, c. 17.

AN ACT FOR THE FURTHER RELIEF, &c.

1 & 2 VICT. CAP. 15.

An Act for the further Relief of Quakers, Moravians, and Separatists. [30th March, 1838.]

WHEREAS by an act passed in this present session of Parliament, intituled An Act for the Relief of 1&2 Vict. c. 5. Quakers, Moravians, and Separatists elected to Municipal Offices, it is enacted, that every person of the persuasion of the people called Quakers, and every Moravian and Separatist, entertaining conscientious scruples against making and subscribing the declaration prescribed by the act of the ninth year of the

reign of his late Majesty King George the Fourth, 9 Geo. 4, c. 17. intituled An Act for Repealing so much of several Acts as imposes the Necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices and Employments, may, on accepting office in any municipal corporation as mayor, alderman, or councillor, instead of making such declaration, be permitted to make the declaration in the said act of this present session mentioned: and whereas the relief given by the said last-mentioned act may safely be extended in manner hereinafter mentioned; 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 every person being of the persuasion of the people called Quakers, or being a Moravian 4, c. 17, that or Separatist, and entertaining such conscientious

Instead of the declaration required by the act 9 Geo.

contained in

the act of the scruples as aforesaid, who has been or shall be placed,

present session

by Quakers, Moravians,

or Separatists elected to

office in any

may be taken elected, or chosen in or to the office of recorder, bailiff, town clerk, or common councilman, or any office of magistracy, or place, trust, or employment corporation. relating to the government of any city, corporation, borough, or cinque port within England and Wales, or the town of Berwick-upon-Tweed, or who has been or shall be admitted into any office or employment, or has accepted or shall accept from her Majesty, her heirs or successors, any patent, grant, or commission, may, instead of making and subscribing the declaration prescribed by the said act of the ninth year of the reign of his said late Majesty King George the Fourth, make and subscribe the declaration con

tained in the said act of this present session of Parliament; and every such person so making and subscribing such last-mentioned declaration shall have the same rights, powers, and authorities which he would have had if he had made and subscribed the declaration contained in the said act of the ninth year of the reign of his said late Majesty King George the Fourth Provided always, that every declaration to be made by virtue of this act shall be made and subscribed before the same person or persons, or court, and within the same time, and shall be preserved in the same manner, as by the said act of the ninth year of the reign of his said late Majesty King George the Fourth is directed as to the declaration therein mentioned.

See 9 Geo. 4, c. 17, in the Appendix.

MUNICIPAL CHURCH PATRONAGE ACT.

1 & 2 VICT. CAP. 31.

An Act for facilitating the Sale of Church Patronage belonging to Municipal Corporations in certain [4th July 1838.]

cases.

WHEREAS, by an act passed in the session of Parliament holden in the fifth and sixth years of the reign of his late Majesty King William the Fourth,

c. 76, s. 139.

c. 77, s. 26.

5 & 6 Will. 4, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, (as the same act is altered by another act passed in the 6 & 7 Will. 4, then next session of Parliament, intituled An Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues and Patronage), it is enacted, that in every case in which any municipal body corporate, or any particular class, number, or description of members, or the governing body of such body corporate, is or are, in their corporate capacity, and not as charitable trustees, seised or possessed of any manors, lands, tenements, or hereditaments whereunto any advowson or right of nomination or presentation to any benefice or ecclesiastical preferment is appendant or appurtenant, or of any advowson in gross, or hath or have any right or title to nominate or present to any benefice or ecclesiastical preferment, every such advowson, and every such right of nomination and presentation, shall be sold, at such time and in such manner as the ecclesiastical commissioners for England may direct, so that the best price may be obtained for the same; and the council of such body corporate is authorized and required, with the consent of the said commissioners, to convey and assure, under the common seal of such body corporate, such advowson, or such right of nomination or presentation, to the purchaser or purchasers thereof: And whereas in some instances the manors, lands, tenements, or

hereditaments whereof some municipal corporations are seised were granted to them with an obligation to nominate, provide, and sustain in certain churches or chapels able and fit priests, curates, preachers, or ministers, for the performance and administration of ecclesiastical duties and rites therein, and for the cure of the souls of the parishioners and inhabitants of the parishes or places thereunto belonging; and although such corporations have from time to time duly nominated and provided such priests, curates, preachers, or ministers, and paid stipends for their sustenance, and have either provided houses for their residence or made allowances in lieu thereof, yet such stipends and allowances have not been fixed or assured by any competent authority; and for want of any regular endowment or augmentation of such curacies they have not become perpetual cures, or benefices presentative, and the curates have not become bodies politic and corporate, within the meaning of an act passed in the first year of the reign of his Majesty King George the First, intituled An Act for making 1 Geo. 1, c. 10, more effectual her late Majesty's gracious Intentions for augmenting the Maintenance of poor Clergy, and of an act passed in the thirty-sixth year of the reign of his Majesty King George the Third, intituled An 36 Geo. 3, c. Act for the further Support and Maintenance of Curates within the Church of England, and for making certain Regulations respecting the Appointment of such Curates, and the Admission of Persons to Cures augmented by Queen Anne's Bounty, with respect to the Avoidance of other Benefices; by reason whereof doubts have arisen whether the right of

s. 54.

83, s. 3.