urged that the sum of 6971. was the productive value of the tithes assessable to the poor-rate; and that his clients far from having any productive value, were actually losers; that even if the land was admitted to be worth 20s. per acre, and not worth nothing as he contended, nor worth 25s, as contended by the appellant, still the appellant was not entitled to any abatement, as the respondents had allowed themselves to be rated at 10s. per acre, one-half of the supposed value; and the appellant, at the present assessment of 3467. was not assessed quite one-half of the sum of 6971. On a question by the Court to one of the Surveyors, on the part of the respondents, whether the tithes would let for that sum, or whether they would let for 4s. per acre, he answered, he did not know whether they would let for 4s. perhaps they might.

Mr. Broadrick in reply, contended that as the sum of 6971. was taken from the extended value of every part of the produce, and included many outgoings, the rates themselves and others, it could not be considered as the clear let-able value, and therefore not the rateable value: that the value which might be paid as an average rent, clear of any subsequent expenses, was the rateable value; "that the principle recognized by the law, as the foundation of the assessment on real property, was to assume the value of it from the rent, either paid or (which is the same thing for this purpose) agreed to be paid; that the value was not to be calculated according to the productive return of the particular year for which the rate was made, but according to the average thereof, to be collected from the rent, The King and Parrott was cited to shew that it had been decided, that occupiers were rateable, though they made no profits, but incurred losses: and Lord Kenyon in that case said, though the tenant derives no profit, and the

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landlord is the person only benefited, yet the rate must be upon the tenant, and paid by him. The case also of the King aud Mirfield (a very modern one) shews that underwoods, cut but once in 21 years, are liable to be rated every year according to the annual rent, and not only in the year in which they supply the occupier with the means of paying, and may be said to furnish him with the ability to contribute to the rate; Lord Ellenborough observing, "that it is not necessary that any of the profits should have been actually reaped during the period for which the rate was made, but the property is at all times rateable according to the rent that may be expected from it."

The Court decided that the rate be amended, and that the appellant be assessed for the great tithes at 1731. 6s.

Several points of minor importance respecting a farm called Willhouse farm, and land on the beach, were also decided, and some small alterations were made in the rate; but they were of no interest.

The Magistrates on the Bench at the time of the decision, which we believe was unanimous, were J. Disney, Esq. Chairman, Hon. J. G. Strutt, Hon. G. Wisen, M. Leake, Esq. Z. Batton, Esq.-Rorde, Esq. Archdeacon Wollaston, and Rev. J. R. Holden, of Upminster.

Chelmsford, 18th July, 1822. ABSTRACT OF THE MARRIAGE AMENDMENT ACT.

3 Geo. 4. c. 75.

"1. So much of 26 G. 2. c. 33. as annuls marriages by licence where either party is a minor, and not a widower or widow, had without consent of the father of the minor, or if he is dead, without consent of some one lawfully appointed guardian, and if no such guardian, then of the mother, if living and unmarried; or if no such mother, of a guardian or guardians appointed by Chancery,' is repealed as to any marriage to be solemnized after 22d July 1822.

"2. All marriages solemnized by licence, before 22d July 1822, without any such consent as required by 26 G. 2. c. 33. s. 11. where the parties have continued to live together as husband and wife, till the death of either, or till 22d July 1822, or have only discontinued their cohabitation for the purpose or during the pending of any proceedings touching the validity of such marriage, are declared valid, if not otherwise invalid. Nothing in this act shall make valid.

"3. Any marriage declared invalid by any court of competent jurisdiction, before 224 July 1822; nor any marriage where either party has afterwards, during the life of the other, lawfully married another person. Nor,

"4. Any marriage, the invalidity of which has been established before 224 July 1822, on trial of any issue touching its validity, or the legitimacy of any alleged descendant of such marriage. Nor,

5. Any marriage, the validity of which, or the legitimacy of any alleged descendants of the parties has been dulý brought into question in proceedings at law or in equity, in which judgments, decrees, or orders of court, have been made before 22d July 1822, in consequence of proof of such invalidity or illegitimacy.

"6. If any real or personal property or title of honour has been possessed be fore 22 July 1822, upon the ground or under colour of the invalidity of any marriage had without aforesaid, then, though no sentence or judgment has been pronounced in any court against its validity, the right in such property or title shall not be affected by this act..

"7. Nothing in this act shall affect any thing done before 22 July 1822, under authority of any court, or in administration of any personal estate or effects, or in the execution of any will, or performance of any trust.

8. No licence for any marriage shall, after 1st September 1822, be granted till oath has been made by the persons, and to the effect by this act required.-If both or either of the parties are alleged to be of the age of 21 years or upwards. Oath by such parties respectively, that they are respectively, and that each of them believes the other to be of the full age of 21 years or upwards.-An extract or extracts from the register of the baptism of the party or parties alleged to be of full age, if such register is in England, and can be found, must also be produced, to the person from whom such licence is required, and each of such extracts must

be proved on oath of some other person or persons, to be a true extract, and to relate to the baptism of the party to whom it is alleged to relate, or according to the belief of the person swearing; but if such register is not in England, or cannot be found, that fact must be proved on oath, to the satisfaction of the person from whom the licence is sought; and some person having knowledge of the party or parties so alleged to be of full age, shall swear to that fact, stating the grounds for such knowledge or belief.—If both parties are under 21 years of age, but are alleged to be a widower and widow.-Oath by each party as to himself and herself, and as to his and her belief with respect to the other. If one of the parties is of the age of 21 years, but the other is under that age, and a widower or widow.-Oath by both parties accordingly, as to himself and herself, and as to his and her belief with respect to the other.-If both or either of the parties are under the age of 21 years, not being a widower or widow.Like oath And that the consent of the person or persons whose consent is res quired by law to the marriage, has been given. In all cases, except special licences, from Archbishop of Canterbury, -Oath shall be made by each party for whose marriage a licence is sought, of the residence of such parties for four weeks immediately before granting such licence, according to 26 G. 2. c. 33.

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"9. The consent of those whose con, sent is required by law, shall be given in writing, signed by such persons; and the signature shall be attested by two or more subscribing witnesses: such consent shall fully describe the person or persons consenting, and shall state their authority to give the same, as lawful parent or guardian or guardians of the party to whose marriage it is given; and no licence shall be granted for the marriage of any minor, not being a widower or widow, unless such consent in writing is delivered to the person from whom such licence is sought, and unless one of the attesting witnesses shall swear that he saw such consent signed by the person or persons who appear to have signed it, and that he also saw the other witness sign the attestation of such signature: and that the names of the persons so subscribed to such consent and attesting its signature, are of their proper and respective hand-writings; aud some person (not being one of the parties for whose marriage the licence is sought) shall also swear that the person or persons who have signed such consent as lawful parent or guardian, &c. of the party to

10. The oaths required by this act, in order to obtain a licence, shall be sworn before a surrogate of the person from whom any such licence is sought, or of some other person having power to grant such licenses: and wilful perjury in such oaths shall be punished as such. And any per son convicted of wilfully obtaining alicence for the marriage of such person, or of another, by means of any false oath or instrument in writing, contrary to this act, knowing such oath or instrument to be false, shall be liable to transportation for life as a felon; and any such convict who is married by means of such licence, shall forfeit to the king all right and benefit accruing by such marriage: which forfeiture may be disposed of at his majesty's discretion, notwithstanding any grant of forfeitures, or other thing to the contrary.

"11. The oaths and instruments required by this act in order to obtain a licence shall be duly preserved by the proper of ficer of the person authorized by law to grant such licence, and shall be transmitted by the officer granting such licence to the registrar of the diocese, within ten days after such grant, together with a copy of the licence so granted, and shall be there filed and preserved: and entries shall be made of such licence and instruments in a calendar to be kept for the purpose of easy reference: which calendar, copy of licence and instruments, may be inspected by all persons at all seasonable times.

"12. In every licence for marriage, the facts on which it has been founded shall be stated, as also that they have been fully proved, as required by this act.

"13. Any officer of any person authorized to grant any such licence who shall not duly observe the provisions in this act respecting the same, is guilty of misdemeanor, and shall be punished accordingly.

"14. No person shall, after 22 July 1822, grant any licence for marriage except the Archbishops of Canterbury and York, according to the rights now vested in them respectively, and the other Bishops within their respective dioceses, for the marriage of persons, one of whom is resident at the time within the diocese

of the bishop in whose name such licence is granted, such residence to be proved in manner bereinbefore directed. And the archbishops and bishops shall make such orders for the observance of their officers as they deem necessary for the more effectual performance of the duties of the lat ter under this act and any such officer not duly observing all such orders, is guilty of misdemeanor, and shall be punished accordingly.

"15. No marriage solemnized by licence shall be impeached on the grouud that any of the forms necessary to entitle the parties to receive a licence have been neglected, or have been executed in a different manner from that above required.

"16. Banns shall not be published pursuant to 26 G. 2. c. 33., till an affidavit or affidavits sworn before the minister of such church or chapel, or some justice of peace, by the parties for whose marriage such banns are required to be published, shall be delivered to such minister, stating truly their christian and surnames, and the house or houses of their respective abode within such parish or chapelry, or within an extra-parochial place adjoining to such parish, &c. if both abide therein: or of one of the parties, if one only abides therein: and stating the time during which such parties respectively, or one of them if one only abides therein, have dwelt in such house or houses, as occupiers or lodgers and also stating either that both parties have attained the age of 21 years, or if one or both of them is or are under that age, stating those facts. Any person wilfully swearing falsely in any such affi davit shall be guilty of and punished for perjury, and shall forfeit to the king all estate and benefit derived from any marriage under such banns, to be disposed of as the king shall see fit, notwithstanding grant of forfeitures, or other thing to the contrary.

"17. Banns shall not be published till the true christian and surnames of the parties, and the house or houses of their respective abodes within such parish, chapelry, or extra-parochial place, as stated in such affidavit, are affixed on the principal door of and in some conspicuous place within the said church or chapel, in which such banns shall be so published, and shall remain so affixed till the expiration of the three Sundays on which such banns shall be published.

"18. Every minister receiving any such affidavit, shall deliver it to the church or chapel-warden of the church or chapel in which such banns are published, and the

same shall be deposited by the latter in a chest, to be provided for that purpose, and kept in the same church, &c.

"19. After a marriage by banns, such affidavit need not be proved, nor shall proof that it was not made and delivered as by this act required, be admitted in any suit touching the validity of such marriage: nor shall such marriage be avoided for want of, or for defect in such affidavit, or on account of the true name or names of either party not being used in publication of such banns, or for such name or names not having been affixed as in s. 17.; but evidence may be given in support of such marriage, that the persons actually married by the names specified in such publication of banns were so married, and such marriage shall be valid, though false names, or a false name assumed by both or either of the parties in the publication of the banns, or at the solemnization of such marriage.

"20. Whenever a marriage shall not be had within three months after complete publication of banns, no minister shall proceed to solemnize the same, till the banns have been republished on three several Sundays, in the manner prescribed in this

act and 26 G. 2. c. 33. or by licence duly obtained according to this act.

"21. All the provisions of this act touching publication of bannns, and marriages solemnized thereby, shall commence on Sept. 1, 1822.

22. Whenever a marriage is not had within three months after a licence is grauted, by any archbishop, bishop, or any ordinary or person having authority to grant such licence, no minister shall solempize marriage till a new licence has been obtained, or by banns openly published, according to this act.

"23. The Royal Family are exempted from the operation of this act. "24. Exempts Jews, Quakers, and persons marrying beyond sea.

25. The act shall be read in all churches, &c. by the minister after morning prayer, or if there be no morning prayer, after evening prayer, on some Suday in each of the months of October, November, and December, 1822, and on the Sundays next after March 25, June 24, and September 29, 1823.

"26. The act extends only to Eng land."

CAMBRIDGE PROFESSORSHIP OF

MINERALOGY.

We stated in a recent Number that Mr. Henslow, of St. John's college, after being nominated, together with Mr. Lunu, by the Heads of Colleges, as a Candidate for the Mineralogical Professorship, had on Wednesday, the 29th of May, been ad mitted to the office. It was at the same time stated, that a majority of votes had been tendered for Mr. Jephson, of St. John's college, and that the Members of the Senate, who denied the right of nomination, intended to institute a suit in one of the higher courts for the purpose of obtaining a legal determination of this important question. The following respectful representation, signed by 74 resident Members of the Senate, had previously to the nominatiou been pre

sented to the Vice-Chancellor, by a deputation composed of three Professors of the University. To the Reverend the Vice-Chancellor and the Heads of Colleges. The respectful Representation of the undersigned Members of the Senate. that an intention is entertained by the We learn with surprise and concern

Heads of Colleges of asserting a right to nominate two candidates for the Professorship of Mineralogy.

This Professorstrip is founded in a manner, and upon a principle exactly similar tany; that is, a Grace of the Senate conto those of Chemistry, Anatomy, and Boferring the title upon its first holder, and subsequently another Grace decreeing the election of a successor. In none of the elections to these Professorships has a nomination by the Heads taken place; but the appointment, except in the cases where it was made by Grace, has always been

by election More Burgensium.

It is understood, however, that the Heads of Colleges ground their present

of Queen Elizabeth, De nominatione et electione Lectorum et reliquorum Officia riorum. "Nominationes et Electiones lectoram, bedellorum, stationariorum, gageatorum, vinopolarum, et aliorum ministrorum, seu officiariorum academiæ quorumcunque, de quibus aliter a nobis non est provisum, sequentur modum et formam in electione Procancellarii præscriptum, fientque intra quatuordecim dies post vacationeni nisi aliter statutis nostris aut fundatione cautum sit, Quæ aliter factæ fuerint ipso jure nullæ sint et irritæ." Now we beg leave respectfully to submit, that the form of the election of Vice-Chancellor is not to be followed in the present instance, inasmuch as another mode of election has been fixed in the Foundation of this Professorship, which is no other than the following Grace, passed May 15, 1822:-"Cum per mortem Edvardi Danielis Clarke nuper Professoris Mineralogiæ, munus istud jam vacans existit:Placeat vobis ut alius ad idem munus exequendum a vobis eligatur?"

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The words of the Foundation “ a vobis eligatur" appear to us sufficiently to determine that the election is to be an open one by the Senate; since the form is exactly copied from a Grace which passed January 23rd, 1732-33, for continuing the Professorship of Botany, vacant by the death of Richard Bradley, its first holder; in consequence of which a successor, John Martin, was elected by the Senate, withont any previous nomination by the Heads. The meaning of the term 66 a vobis eligatur," is therefore decided by the practice on this occasion, as well as on the election of a successor to George Rolfe, the first Professor of Anatomy: the latter Grace, passing at a convocation, April 17th, 1724, was in English, and concludes thus: "May it please you that his Professorship be declared vacant, and that another by you be chosen to succeed in office and title." The election which ensued was without any previous nomination of the Heads.

The above precedents are completely in point; and we beg leave further to state, that twenty-one appointments have taken place to the three Professorships of Chemistry, Anatomy, and Botany, either by Grace, or by election More Burgensium, while no one has been made after nomination by the Heads,

In conclusion, we cannot help respectfully calling the attention of the ViceChancellor and Heads to the following point. The form of the Grace of Foundation having been avowedly copied from that of the Professorship of Botany, it REMEMBRANCER, No. 45.

suspicion that it was intended to deviate in practice from the precedent set on that occasion. We therefore respectfully hope that the intention of asserting a right of nomination to this Professorship will be abandoned.

Cambridge, May 24, 1822.

This representation would un doubtedly have been followed by many more signatures had it not been judged expedient, under the circumstances of the case, to present it to the Vice-Chancellor at an early hour the day after it was drawn up.

It is unnecessary for us to restate what passed in the Senate House on the day of election.

On the 30th of May, the day after the election, a public meeting of the Members of the Senate took place in the Law Schools, when it was resolved unanimously,

1. That a committee be appointed for the purpose of conducting the legal proceedings connected with the late election to the Professorship of Mineralogy.

2. That it is the desire and intention of the Members of the Senate to proceed in their legal measures against the Heads of Colleges in the spirit of the utmost amity and courtesy.

3. That it be recommended to the committee, that in determining upon the mode in which legal proceedings are to be commenced, they should endeavour to act in communication with the Heads, provided such course can be adopted with the authority of the legal advisers of the Members of the Senate.

The subsequent proceedings have been conducted in strict conformity with these resolutions.

On June the 21st an affidavit was filed in the Court of King's Bench, and Mr. Tindal moved for a rule to shew cause why a mandamus should not issue to the Vice-Chancellor, directing that Mr. Jephson be admitted to the Professorship of Mineralogy. The Court expressed some doubts whether the case came under their cognizance, when Mr. Tindal referred to the case of the King v. the Vice-Chancellor. (Bur4 D