In 1819 a petition was presented to parliament by the fire act clergy for leave to bring in a bill further to increase their stipends. Leave being given, the bill was printed, but subsequently withdrawn. (5)]

Which respective sums of money to be paid in lieu of tithes within the said respective parishes, and assessed as hereinafter is directed, shall be the respective certain annual maintenance (over and above glebes and perquisites, gifts and bequests to the respective parson, vicar, and curate of any parish for the time being, or to their successors respectively, or to others for their use) of the said respective parsons, vicars, and curates, who shall be legally instituted, inducted, and admitted into the respective parishes aforesaid. [22 & 23 C. 2. c. 15. § 3. 44 G. 3. c. lxxxix. § 2.]

And for the more equal levying of the same upon the several houses, buildings, and other hereditaments within the respective parishes, assessments were ordered to be made before July 24, 1671, upon all houses, shops, warehouses, and cellars, wharfs, keys, cranes, water-houses, tofts of ground (remaining unbuilt), and all other hereditaments whatsoever (except parsonage or vicarage houses), the whole respective sum by this act appointed, or so much of it as is more than what each impropriator is by this act injoined to allow. [22 & 23 C. 2. c. 15. § 4, 5, 6, 7.]

And three transcripts of the assessments were to be made; one to be deposited amongst the records of the city, another in the registry of the bishop of London, and another in the parish vestry respectively, for a perpetual memorial thereof.

The sums assessed to be paid to the respective parsons, vicars, and curates, at the four most usual feasts, to wit, at the annunciation of the blessed Virgin, the nativity of St. John Baptist, the feast of St. Michael the archangel, and the nativity of our blessed Saviour, or within fourteen days after each of the feasts aforesaid,

(5) See Tyrwhitt's "Argument on Tithes in London."

by equal payments; the respective payments thereof to begin and commence only from such time as the incumbent shall begin to officiate or preach as incumbent. § 9.

[By 44 G. 3. c.lxxxix. § 2. Power was given to make the new assessments on houses and other buildings before 21st August, 1804, by the aldermen and common council and churchwardens in each ward.

By § 3. power of appeal was given to the lord mayor and court of aldermen against assessments. By § 4. assessments may be altered every seven years.

By § 6. four transcripts of the assessments were to be made; one to be kept in the town clerk's office, another in the bishop's registry, another in the parish vestry, and the fourth to be delivered to the incumbent of each such parish respectively, for a perpetual memorial thereof.

By § 7. the said sums shall be payable by quarterly payments on 25th December, 25th March, 24th June, and 30th September, in every year.]

[By 22 & 23 Car. 2. c. 15. § 10.] Impropriators shall pay what bonâ fide they have used and ought to pay (6) to the respective incumbents at any time before the said late fire; the same to be computed as part of the maintenance of such incumbent. [And by 44 G. 3. c. lxxxix. § 8. this provision is recited; and it is further enacted, that in the parishes of St. Brides, St. Bennett Finch, St. Mary Aldermanbury, St. Stephen Coleman street, Alhallows the less, Christ Church, St. Lawrence Jewry, St. Lawrence Poultry, and St. Mary Cole Church, the impropriators shall continue to allow and pay to the respective incumbents of the same parishes what they have been accustomed to allow and pay before and since the passing of 22 & 23 Car. 2. c. 15.; which said sums shall be paid to the incumbents of the same respective parishes in part of the respective sums hereinbefore appointed to be the certain annual maintenance of the same respective incumbents. By § 9. the vicar of St. Sepulchre's shall from 29th September, 1804, receive the full sum directed by this act, instead of the one-third of the impropriate tithes due to him by endowment from the London part of the parish; but exclusive of the one-third of the tithes due to him in like manner from the Middlesex part thereof.

44 G. 3. c. lxxxix. § 10. is for continuing certain compensations out of the city chamber, in lieu of houses taken down, &c. By § 11. the sums assessed shall be recovered in case of refusal of

(6) Thus, though the fire act clergy were shut out by this act from any further claims, impropriators in fire act parishes, where impropriation is, may enforce payment of 2s. 9d. in the pound on rack rents, under 37 H.8. c. 12. Sayer v. Mumford, 1 Wood's Dec. 324. Townley v. Wilson, 2id.

[Powers of

c. 15. and

of this act vested in the lord mayor and

court of al

dermen ;

or on their failure, in two of the barons of the exchequer.]

payment, by warrant of a magistrate. By § 13. if the sums assessed shall be paid as therein mentioned, they shall not be raised as before directed. By §§ 13. 14. churchwardens, &c. may make yearly assessments, with appeal to court of aldermen. By § 15. sums assessed by the churchwardens, &c. may be levied by warrant of a magistrate. By § 16. if the monies to be assessed by the churchwardens as in §§ 13, 14., are unpaid for thirty days after any quarter day of payment, the same shall be raised in the same manner as the first assessment. §17. exempts quakers from being collectors under this act.

By § 18. all and singular the powers and authorities in and by 22&23 C.2. the 22 & 23 Car. 2. c. 15. given to and vested in the lord mayor and court of aldermen, are vested in the said lord mayor and court for the time being, for and in respect of all and singular the matters and things in this act contained, or by this act enacted, so far as the case is or shall be applicable; and that in case the said lord mayor and court of aldermen shall refuse or neglect to execute any of the respective powers to them by this act granted, or to perform all and every such things relating either to the assessing or levying the respective sums aforesaid, as they are by this act authorized and required to perform, either expressly or by reference, then it shall be lawful for any two or more of the barons of H. M.'s court of exchequer, by warrant or warrants under their hands and seals, to do and perform what the said lord mayor and court of aldermen, according to the true intent and meaning of this act, might or ought to have done; and by such warrant either to impower any person or persons to make the respective assessments as aforesaid, or to authorize the respective officers or persons appointed to collect such assessments, to levy the same by distress and sale of the goods of any person or persons who shall refuse or neglect to pay the same in manner and form as aforesaid.]

And if any inhabitant shall refuse or neglect to pay to the incumbent the sum appointed by him to be paid (the same being lawfully demanded upon the premises); it shall be lawful for the lord mayor, upon oath to be made before him of such refusal or neglect, to grant out warrants for the officer or person appointed to collect the same, with the assistance of a constable in the day time, to levy the same by distress and sale of the goods of the party so refusing or neglecting; restoring to the owner the overplus over and above the said arrears and the reasonable charges of making such distress. 22 Car. 2. c. 15. § 11.

And if the lord mayor shall refuse or neglect to execute any of the powers to him given by this act; it shall be lawful for the lord chancellor or lord keeper, or two or more of the barons of the exchequer, by warrant under their hands and seals respectively,

to do and perform what the said lord mayor might or ought to have done in the premises. Id. § 12.

Provided, that no court or judge, ecclesiastical (7) or temporal, shall hold plea of or for any the sum or sums of money due and owing, or to be paid by virtue of this act, other than the persons hereby authorized to have cognizance thereof; nor shall it be lawful to or for any parson, vicar, curate, or incumbent, to convent or sue any person assessed as aforesaid, and refusing or neglecting to pay the same in any court or courts, or before any judge or judges, other than what are authorized and appointed by this act, for the hearing and determining of the same, in manner aforesaid. Id. § 14. [and 44 G. 3. c. lxxxix. § 19. S. P.]

Provided also, that it shall be lawful for the warden and minor canons of St. Paul's, parson and proprietors of the rectory of the parish of St. Gregory aforesaid, to receive and enjoy all tithes, oblations, and duties arising or growing due within the said parish, in as large and beneficial manner as formerly they have or lawfully might have done. 22 Car. 2. c. 15. § 15.

In the case, ex parte Savage rector of the united parishes of St. Andrew Wardrobe and St. Anne Blackfriars, and ex parte Wood rector of St. Michael Royal and St. Martin Vintry, which came before lord Harcourt on petition, Oct. 29, 1713, setting forth, that the petitioners had respectively demanded of the inhabitants the respective rates and arrears for the houses in their [565] respective occupations, but they refused to pay the same, and that the petitioners applied to sir Richard Hoare, lord mayor, for such warrants as the act of parliament directed him to grant for levying the said money, and he refused to grant such warrants; wherefore it was prayed that his lordship would grant the petitioners his warrant to levy the several sums of money so respectively due to them, by distress and sale of the goods to the defaulters. Lord Harcourt, thinking the matter of great consequence to the London clergy in general, as no such complaint since the making of the act had been before made to the lord chancellor, or lord keeper of the great seal, or to any two of the barons of the exchequer, desired the assistance of Mr. Baron Bury and Mr. Baron Price; and on the 2d Dec. following it came on again in their presence, when it appeared that several of the quarterly sums claimed by the petitioners became due and in arrear when the houses stood empty, or were in the possession of former tenants or occupiers thereof; and a

(7) The ecclesiastical court is seldom able to execute its jurisdiction over tithe causes in London; for if accounts are necessary, or if in cases of fraud the prosecution of the right depends on matter of discovery, and in all cases relating to customary payments, recourse must be had to another jurisdiction. (See page 560.)