piers [or owners] of the said land, from the first day of May last past [or next STAT. 3 Geo.
coming, as the case may be] for and during and unto the full end and term of 4, c.125. [IR.]
years; [adding, if the interest of such lessee shall be for a life or lives
not renewable, these words, to wit; "provided the said life or lives or any of them
(as the case may be) shall so long continue;"] and the said C. D. [or, C. D. and
E. F. as the case may be] in consideration thereof, hath given and granted, and by
these presents doth give and grant, unto the said A. B. and his successors, one
yearly rent or sum of
clear of all taxes, charges, assessments, and
impositions whatsoever, to be issuing out of all that and those the lands and tene-
ments aforesaid, to have and to hold the said yearly rent or sum of

to the said A. B. and his successors from the first day of May aforesaid, for and
during the continuance of the demise so made to the said C. D. [or C. D. and
E. F. as the case may be] as aforesaid; the said yearly rent or sum to be paid and
payable by two equal half-yearly payments, on every first day of November and
first day of May during the said term; and further, the said C. D. [or C. D. and
E. F. as the case may be] doth [or do, and each of them doth] grant and agree, to
and with the said A. B. and his successors, that in case the said yearly rent, or any
gale or part thereof, shall at any time be due and unpaid by the space of three
calendar months after any of the said days of payment thereof, then and in every
such case it shall and may be lawful to and for the said A. B. and his successors,
unto the said lands and tenements, or any part or parts thereof, to enter and dis-
train, and the distress and distresses there found to take, lead, drive, carry away,
sell, and dispose of, according to law, for the recovery of the sum or sums to them
due, and the reasonable costs of so recovering the same; and it is hereby further
agreed, by and between the said parties, that in case the said rent, or any gale
thereof, shall be due, behind, and unpaid, for the space of three calendar months
next after any of the said gale days respectively, then and in every or any such
case, the said demise hereinbefore contained, and every part thereof, shall, at the
election of the said A. B. and his successors, but not otherwise, be and be deemed
and taken to be null and void, to all intents and purposes, from the said gale day;
and in such case it shall and may be lawful to and for the said A. B. and his suc-
cessors, to take and receive all and every tithe, or, half or other portion of tithe, of
the growth, produce, or increase of the said lands, or of any part thereof, which
shall have been severed since the said day from which such lease shall be so void,
or to proceed for or in respect of the subtraction thereof, in the same manner in all
respects as if this lease had not been made; and the said C. D. for himself, his
heirs, executors, administrators, and assigns, doth hereby covenant, promise, and
agree, to and with the said A. B. and his successors, that he the said C. D. his
heirs, executors, administrators, and assigns, or some of them, shall and will
from time to time hereafter, well and truly pay or cause to be paid, unto the said
A. B. and his successors, the said yearly rent or sum of
at the days
and times hereinbefore mentioned for the payment thereof, by even and equal por-
tions as aforesaid; [or, the said C. D. and E. F. do respectively for themselves,
their heirs, executors, administrators, and assigns, covenant, promise, and agree to
and with the said A. B. and his successors, that they will respectively, from time
to time hereafter, when and so long as their interest shall continue to be, or shall
become vested in possession, well and truly pay or cause to be paid, to the said
A. B. and his successors, the said yearly rent or sum of
by equal
and even portions as aforesaid:] in witness whereof the parties aforesaid have here-
unto set their hands and seals, the day and year first above written.'

"XVIII. And be it further enacted, that no action or other proceeding whatever shall be had or taken, by any person whomsoever, for the avoiding or defeating of any lease of tithes made under the provisions of this act, unless such person shall give notice in writing of such his intention, six calendar months at least before the expiration of some year, reckoning from the commencement of such lease, to the party or parties against whom such action or proceeding shall be intended to be had or brought; and such notice shall particularly specify and set forth the cause or causes for which such lease is sought to be avoided or defeated."

No action for defeating any

lease shall be brought unless six months'

notice shall be given.

STAT. 4 GEO. 4, c. 5.

3 Geo. 4, c 75.

Marriages solemnized by virtue of licences granted after passing of recited act, and before the passing of this act, by persons anthorized by law previous to recited act, declared valid.

Persons granting such licences not liable to penalties.

STAT. 4 GEO. 4, c. 17.

STAT. 4 GEO. 4, cap. xvii.

STAT. 4 GEO. 4, cap. xviii.

XLVIII. STAT. 4 GEORGII 4, c. 5. A.D. 1823.
“An Act to render valid certain Marriages.”

"Whereas by an act passed in the third year of the reign of his present majesty King George the Fourth, intituled, 'An Act to amend certain Provisions of the twenty-sixth of George the Second, for the better preventing of Clandestine Marriages,' it is amongst other things enacted, that no person shall, from and after the passing of this act, be deemed authorized by law to grant any licence for the solemnization of any marriage, except the Archbishops of Canterbury and York, according to the rights now vested in them, and except the several other bishops within their respective dioceses, for the marriage of persons one of whom shall be resident at the time within the diocese of the bishop in whose name such licence shall be granted: and whereas, notwithstanding such enactment, divers licences for marriage have, through error, been granted since the passing of the said act by or in the name of bodies corporate or persons, their officers or surrogates, other than the said archbishops and bishops, which bodies corporate or persons, their officers or surrogates, before the passing of the said act, were or were deemed to be authorized by law to grant such licences; and divers persons have been married by virtue or in consequence of licences so granted, the validity of which marriages is affected by the enactment aforesaid; and whereas it is expedient to remedy the same: be it enacted by the king's most excellent majesty, by and with the consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all and every marriages and marriage solemnized by virtue or in consequence of a licence granted after the passing of the said act of the third year of his present majesty, and before the passing of this act, by or in the name of a body carporate or person, his or their officer or surrogate, other than the Archbishops of Canterbury and York, according to the rights vested in them respectively, or the several other bishops within their respective dioceses, which body corporate or person, his or their officers and surrogates, before the passing of the said act, were or were deemed to be authorized by law to grant such licences, shall be as good and valid marriages to all intents and purposes whatsoever, as the same would have been if the said enactment restraining the power and authority of granting such licences had not been made.

"II. And be it further enacted, that such bodies corporate and persons as aforesaid, their officers and surrogates, who have granted such licences as aforesaid since the passing of the said act, and their officers and others concerned therein, and such ministers as have acted under the authority of the sume, shall not be or be held to be liable to any pains or penalties, or censures respectively, for or on account of the granting or acting under the same."

XLIX. STAT. 4 GEORGII 4, c. 17 (1). A.D. 1823. "An Act to repeal certain Provisions of an Act passed in the third year of His present Majesty, intituled, An Act to amend certain Provisions of the twentysixth of George the Second, for the better preventing of Clandestine Marriages.”

L. STAT. 4 GEORGII 4, cap. xvii. A.D. 1823.
"An Act for effecting an Exchange between the Right Honourable Henry Hall,
Viscount Gage, and the Dean and Chapter of the Cathedral Church of the Holy
Trinity of Chichester, of Estates in the County of Sussex."

LI. STAT. 4 GEORGII 4, cap. xviii. (2). A.D. 1823. “An Act for enabling the President, Vice-Presidents, Treasurer, and Members of the Philanthropic Society to purchase from the Corporation and other Persons entitled thereto the Lands and Hereditaments in the Parish of Saint George the Martyr, Southwark, in the County of Surrey, upon which they have erected a Chapel, Buildings, and other Works, and such other Land adjoining thereto, as may be required for the Purposes of their Charity.”

(1) Repealed by Stat. 4 Geo. 4, c. 76.

(2) Vide Stat. 46 Geo. 3, CAP. CXLIV. (anté 998).

LII. STAT. 4 GEORGII 4, CAP. XXI. A.D. 1823. "An Act for appointing Select Vestrymen, Governors, and Directors of the Poor of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex; and for altering and amending two Acts passed in the thirteenth and fifty-third years of His late Majesty King George the Third, relating to the same."

LIII. STAT. 4 GEORGII 4, cap. xxvi. A.D. 1823.

"An Act to enable the Trustees of the Will of the late Sir William East, Baronet, deceased, and Tenants under the See of Canterbury, to join in Grants of Building and Repairing Leases with the Archbishop of Canterbury, for the time being, of Lands in Lambeth Marsh, held under the said See."

LIV. STAT. 4 GEORGII 4, cap. xxviii. A.D. 1823.

"An Act for changing the Site of the Hospital at Sheffield, in the County of York, founded by the Right Honourable Gilbert, Earl of Shrewsbury; and for the better Regulation of the Affairs of that Charity."

"II. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded."

STAT. 4 GEO. 4, CAP. XXI.

STAT. 4 GEO.

4, cap. xxvi.

LV. STAT. 4 GEORGII 4, c. 31. A.D. 1823.

STAT. 4 GEO.

“An Act to amend an Act passed in the nineteenth year of the Reign of His late 4, c. 31. Majesty King George the Second, intituled, An Act more effectually to prevent Profane Cursing and Swearing."

1 Amended by Stat. 10 Geo. 4, c. 42; 6 & 7 Gul. 4, c. 55, and by Stat. 1 & 2 Vict. repealed and other provisions made by Stat.

c. 78.

STAT. 4 GEO. 4, cap. xxviii.

"Whereas by an act passed in the nineteenth year of the reign of his late 19 Geo. 2, c.21. majesty King George the Second, intituled, 'An Act more effectually to prevent Profane Cursing and Swearing,' it is amongst other things provided, that the said act shall be publicly read four several times in the year, in all parish churches and public chapels, by the parson, vicar, or curate of the respective parishes or chapels, immediately after morning or evening prayer, on four several Sundays; (that is to say,) the Sunday next after the twenty-fifth day of March, twenty-fourth day of June, twenty-ninth day of September, and twenty-fifth day of December in every year; or in case divine service shall not be performed in any such church or chapel on any of the Sundays before mentioned, then upon the first Sunday after any of the said quarterly days on which divine service shall happen to be performed in any such church or chapel, upon pain of forfeiting the sum of five pounds for every such omission and neglect, to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of any one justice, mayor, bailiff, or other chief magistrate as aforesaid: and whereas it is expedient that the above-recited provision should be repealed; be it therefore enacted by the king'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 so much of the said statute as is herein before recited shall be and the same is hereby repealed.

same to be

Provision of recited act requiring the read quarterly in all parish churches, &c. repealed.

Public act,

STAT. 4 GEO.

LVI. STAT. 4 GEORGII 4, c. 32 (1). [IRELAND.] A.D. 1823. "An Act for the Amendment of the Laws respecting Charitable Loan Societies in 4, c. 32. [IR.]

Ireland."

STAT. 4 GEO. 4, c. 52.

Remains of persons against whom a finding of felo de se is had to be privately buried in the parish churchyard.

Rites of Chris.

tian burial not to be perform

ed; and former laws and usages not to altered.

STAT. 4 GEO. 4, c. 64.

Justices may appoint a clergyman to each prison.

His salary.

Where two prisons have one keeper, they shall be considered as one with respect to the duties and salary of the chaplain.

LVII. STAT. 4 GEORGII 4, c. 52. A.D. 1823. "An Act to alter and amend the Law relating to the Interment of the Remains of any Person found Felo de se."

"Whereas it is expedient that the laws and usages relating to the interment of the remains of persons, against whom a finding of felo de se shall be had, should be altered and amended: be it therefore enacted by the king'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 from and after the passing of this act it shall not be lawful for any coroner, or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons, against whom a finding of felo de se shall be had, in any public highway; but that such coroner or other officer shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred if the verdict of felo de se had not been found against such person; such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night.

"II. Provided nevertheless, that nothing herein contained shall authorize the performing of any of the rites of Christian burial on the interment of the remains of any such person as aforesaid; nor shall anything hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial ground, at such time and in such manner as aforesaid."

LVIII. STAT. 4 Georgii 4, c. 64. A.D. 1823.

"An Act for consolidating and amending the Laws relating to the building, repairing, and regulating of certain Gaols and Houses of Correction in England and It ales."

“XXVIII. And be it further enacted, that the justices assembled in general or quarter sessions shall and they are hereby required from time to time to nominate for each prison within their jurisdiction, to which this act shall extend, a clergyman of the church of England to be chaplain thereof; and the said justices may, if it seem to them expedient, nominate the same clergyman to be and officiate as chip'ain to any two prisons situate within a convenient distance from each other; and the said justices are hereby authorized to appoint a salary to be paid to the clergyman so nominated chaplain as aforesaid, out of the county rate, or rate lawfully applicable to the maintenance of such prisons; and the amount of salary sl all be regulated in the following manner; ridelicet, where the chaplain shall be appointed to one prison only, and the number of prisoners, including debtors, which the said prison is calculated to receive does not exceed fifty, then the salary to be paid to him shall not be more than one hundred and fifty pounds; where the chaplain shall be appointed to one prison only, and the number of prisoners, including debtors, which the said prison is calculated to receive does not exceed one hundred, then the salary shall not be more than two hundred pounds; where the chaplain shall be appointed to one prison only, calculated to contain more than one hundred prisoners, including debtors, the salary shall not be more than two hundred and fifty pounds; and where the chaplain shall be appointed to one prison only, calculated to contain more than two hundred, or where the chaplain shall be appointed to two prisons, whatever the number of prisoners such two prisons may be calculated to contain, it shall be lawful for the justices to appoint the salary at their discretion, with reference to the duties to be performed; provided also, that when any two or more prisons shall be under the custody of one and the same keeper, they shall be considered as one prison with reference to the duties and salary of the chaplain; provided also, that in case of sickness or necessary engagement, the chaplain shall appoint a clergyman to be his substitute for the occasion,

"XXIX. And be it further enacted, that no clergyman so nominated shall officiate in any prison until he shall have obtained a licence for that purpose from the bishop of the diocese wherein the prison is situate, nor for any longer time than while such licence shall continue in force; and notice of every such nomination shall, within one month after it shall take place, be transmitted to the bishop by the clerk of the peace or town clerk.

such substitute being approved of by the visiting justices; and the name and resi- STAT. 4 GEO. dence of such substitute shall be specified in the chaplain's journal. 4, c. 64. Clergymen not to officiate till licensed by the bishop.

“XXX. And be it further enacted, that every such chaplain shall on every Duties of Sunday, and on Christmas Day and Good Friday, perform the appointed morning chaplains. and evening services of the church of England, and preach at such time or times, between the hours of nine and five of the day, as shall be required by the rules and regulations to be made as directed by this act; and shall catechize or instruct such prisoners as may be willing to receive instruction; and shall likewise visit the prison on such other days and perform such other duties as shall be required by the rules and regulations to be made as directed by this act; and shall administer the holy sacrament of the Lord's supper to such prisoners as shall be desirous, and as such chaplain may deem to be in a proper frame of mind to receive the same; and such chaplain shall also frequently visit every room and cell in the prison occupied by prisoners, and shall direct such books to be distributed and read and such lessons to be taught in such prison as he may deem proper for the religious and moral instruction of the prisoners therein; and he shall visit those who are in solitary confinement; and it shall be his particular duty to afford his spiritual assistance to all persons under warrant or order for execution; and he shall have free access to all persons convicted of murder, any law, statute, or usage to the contrary notwithstanding; except to such persons as shall be of a religious persuasion different from that of the established church, who shall have made a request that a minister of such persuasion shall be allowed to visit them; and every such chaplain shall communicate from time to time to the visiting justices any abuse or impropriety which may have come to his knowledge; and he shall further keep a journal, in which Journal to be he shall enter the times of his attendance on the performance of his duty, with any observations which may occur to him in the execution thereof, and such journal shall be kept in the prison, but shall regularly be laid before the justices for their inspection at every quarter sessions, and shall be signed by the chairman of the sessions, in proof of the same having been there produced; and if it shall appear to the justices in general or quarter sessions assembled, that any chaplain is incompetent to the due performance of his duties, or is unfit to be continued in his office, or shall have refused or wilfully neglected to perform the duties required of him by the rules and regulations to be made as directed by this act, they are hereby empowered to remove him from such office.

kept by them.

"XXXI. And be it further enacted, that if any prisoner shall be of a religious Ministers persuasion differing from that of the established church, a minister of such persuasion, at the special request of such prisoner, shall be allowed to visit him or her at proper and reasonable times, under such restrictions imposed by the visiting justices as shall guard against the introduction of improper persons, and as shall prevent improper communications.

allowed to visit other prisoners, under

certain restrictions.

"XXXII. And be it enacted, that in case any chaplain shall, from confirmed sickness, age, or infirmity, become incapable of executing the office in person, the justices of the peace, at any general or quarter sessions of the county, riding, division, district, city, town, or place respectively, shall take the circumstances of the case into their consideration; and if such justices shall deem it expedient, they are hereby empowered to grant to such chaplain such annuity as they in their discretion shall think proportionate to the merits and time of his services, and may order the payment out of the rates lawfully applicable to the building and repairing such gaols and prisons; provided always, that the amount so paid by way of superannuation or allowance to any retired chaplain of any one prison shall not exceed the amount of two-thirds of the salary fixed for the succeeding chaplain of such prison.

Power to quarter sessions to grant annuity to any chaplain incapable, from infirmity, of executing his

office.