The Express.
London, England, 1851-07-31 00:00:00

ment that would be void under the prosisiebs of the Mort-
main Act"
The SOLICITOR-GENF:RAL said. that having made
arrangements .or the building and repairs of a church, it
was but reasonable to make corresponding arrangements
for the en,:ow meta. .
The cminxittee then divided— t .... s„ . !
.10r the clause `' a 49 s .
For the amendment i• 19-30 - "
'fbe clause was then agreed to, ar•ilrestelhe reetaiMME
',Muses of the bill.
*
The Marquis of ELAM:WO E quires why tbirlaukt
had been struck out which otillra.hde, the VII
_Mil'
powering bodies politic and ot to the mai,*
' patronage with or without a va uable consideration.
The tOLICITOR-GENERAL said it had been struck
out because it was thought an extraordinary principle to
Invest the husband, for instance, with the power to sur-
render the wife's right of patronage with or without a
valuable consideration, and without a safeguard to protect
the rights of those who were really most interested.
The Marquis of BLANDFORD thought at all events the
clause might have been retained, so far as bodies politic
were concerned.
The CHANCELLOR of the EXCHEQUER said that
an attempt had been made to amend the clause with that
view, but it had failed.
Mr. FREWEN moved an additional clause as follows: i
" That upon the nest avoidance of any benefice which has 1
so:church or chapel belonging to it,and which lima popula-
of 40 persons, or upwards of 40 persons, and whieh
has not been united to any other benefice or benefices by '
order of her Majesty in council, the said benefice shall re-
main and continue void until a church or chapel is built
wherein divine service shall be performed; and the fees
and emoluments arising from the said benefice shall from
time to time, whilst it is void, be paid over to the arch-
bishop or bishop of the diocese, who, together with the
archdeacon of the archdcaconry and patron or patrons of
the mid benefice, shall act as trusted for the receipt of
the said fees and emoluments, which shall be appropriated
by the said trustees for the purpose of building or assisting
to build a church or chapel for the said benefice ; and ea
soon as such church or chapel has been consecrated or
licensed for divine worship by the archbishop or bishop of
the diocese, then it shall be lawful fur the patron or pa-
terms to present a spiritual person to the said benefice,
who shall enjoy all the rights, fees, and emoluments, and
perform all the duffs appertaining thereto, and who shall
he under the same ecelesnstical control and authority as
any other incumbent in the name diocese—t?rovided always
that if the said archbishop or bishop shall license any coons
in the ',aid parish for divine service, then it shall be lawful
for the patron or patrons to present a spiritual person to
the said Will lice, who shall perform all the duties apper-
taining thereto, sad who shall be under the same ecclesias-
tical control and authority as any other incumbent."
The SOLICITOR-GEN EItAL objected, that the clause
was beside the subject matter of the bill, which was to
amend the Church Building Acts. But beyond that be
objected, that the elf, et of the clause would be in a case
like that of Limohouse, where the parishioners were de-
prived of their church by un accident, that there would be
me clergyman until the accumulative income of the living
amounted to sufficient to build a new church, end no minis-
Motion of the offices of religion,
The CIIAIR3I.IN (Mr. Bernal) intimated his opinion
that the clause did not come within the scope of the bill.
After a few words teem Mr. Mulling% the Chancellor of
the Eschequir, and Mr. Geulburn, the commit:Le divided:
For the clause 4O
Apinst it 37-3
On the question that the clause be added to the bill,
The SOLICITOIt-OLNBRAL repented his objection.
Ile deprecated the two principles involved in the next
clause—namely, that them should be uo silt-go:ate pro-
vision for the spiritual instruction of the people, and that
the inspection, whatever it was, might be imparted in an-

conseerated buildings.
Mr. IMEWEN olioncrred that his reason for urging these
clauses was this,—that in ',all() eases churches hail bon
allowed to tunable doin, awl no service %%IS performed in
them except by the clergyman reading himself in.
After some further c inversation, it was agreed that a
choose more in consonance with the general feeling of the
committee should be inoted by the Solicitor-General upon
the bringing up of the mined.
Mr. EItEWEN then moved the following clause:
And b. it enacted that it shall and may. hu lawful for any
ploh.ll to hare a private chapel built in or near to their
own hawse at their own private charge, where they and
their families, these visitors, their servants, and dependents
may attend the usual services of the church, without such
chapel loving licensed for divine worship; and it shall not
be lawful for any archbishop or bishop, or any other person
or persons to take any precut:dings in any court of law or
ecleskiatical court against any spiritual person for perform-
ing any of the services of the church in any such chapel,
but all such proceedings shall be and are hereby di Oared to
he null and void ; provided always, that no marriage shall
be solemniosl in any such eltjlit'l without its being duly
licensed or consecrated according to the laws in forte at the
time of the passing of this act." After having stated his
reasons fur proposing the: clause in its prevent form, the hon.
member consented to withdraw it.
'Else' hetet: resumed, and the C11.1.1101.1N reported
progress.
PETTY SESSIONS (IRELAND) DILL.
The house went into committee on this bill.
On clause 1,
Mr. WetiLLAGII stated that as this hill hail hitherto
progressul sob silcootio, it wall uivessary now to test the
committee :is to whether it should be further proceeded
with. In the year 1t427 sea act was pass,l depriving ma-
gistrates in all 1.14.1..4 (non acting alone ; and it it were ne-
e:Lucy to pie. such an act then, it was still snore essential
now. There had been variuil. departnre• from tho prin-
ciple of that hill until, by the 10th clause of the prevent
measure, It was prOplAell that use magistrate should adju-
dieatu seminally in al! Ile admitted that in the
south and west of Inland mugistraten were few in number,
sail that a failure of justice might in wane instances
follow if it were made imperative that there
should to two magistrates to decide ; but why
not appoint a stipendiary magistrate to such di/trims ?
In 1101, there were 15,0110 persons in I)unclalk. 1.417 of
whom were members of the church of England, and 13,740
Roman catholies and dissenters. At present there was only
one resident magistrate in the place, and neither the Ito-
man cathuliias nor the dissenters had any man belunging to
their creed in the commission of the peace. Would such a
condition of things be permitted in England? Ile appre
hetuled not; and what lie complained of the gosernment
was fur exercising a system of exclusion in these matters,
which exclusion consisted of one of class and one of creed.
Ile devastated the principle of conferring such extensive
powers as this bill proposal upon individual 'magistrates. It
was true the bill gave a power of appeal to the quarter se,-
slims, but that was a farce. The main objection, however, lie
took tin the hiU was this—that it ran counter to the great
principle propounded ht. Lord Plunket and Sir Robert
l'eel in 11427, namely. that there should be more than one
magistrate to hear eases and to adjudicate. (Hear.)
olonel 1)1 iNh' suppos teil the bill upon the ground
that it was absolutely necessary in the present state of lees
land.

Luse 1 win then agreed to.
Clauses 2,3, 4,5, 6,7, 8, and 9, were agreed to.
Oh Clause 10,
Mr. hI.CULLAGII moved the omission of section 2,
enabling one magistrate to adjudicate summarily in all
eau".
After a short conversation the committee divided—
For Mr. 31'Cullagb'a ainciulnient l3
Arraiust
The dale... was then a,sreed to; the house resumed, and
then adjourned at a few =Mutts before 6 o'clock.