without a licence, one of the parties must give notice in writing (19 & 20 Vict. c. 119, s. 3) to the superintendent-registrar of the district within which the parties have dwelt for not less than seven days; or, if living in different districts, then to the superintendent-registrar of each district wherein the parties reside (6 & 7 Will. Iv. c. 85, s. 4). (2) But if the marriage is by certificate with licence, the same notice must be given, unless (a) the parties live in different districts, when notice to one superintendent-registrar is sufficient, and (b) the marriage is to be celebrated by licence.

Any person may enter a caveat with the superintendent-registrar against the granting of a certificate or licence. It is then the duty of the superintendent-registrar to inquire into the facts of the case, or refer the matter to the Registrar-General, and an appeal in all cases lies from the superintendent-registrar to the Registrar-General (6 & 7 Will. iv. c. 85, s. 13). A person who makes a false declaration before the superintendent-registrar is guilty of perjury (3 & 4 Will. iv. c. 72, s. 4; 19 & 20 Vict. c. 119, ss. 2, 18), and is liable, on the application of the Solicitor-General or Attorney-General, to the forfeiture of his property (19 & 20 Vict. c. 119, s. 19). It is felony to solemnise a marriage other than in the place named in the certificate, or without the presence of the registrar (6 & 7 Will. IV. c. 85). The certificate of the superintendent-registrar, or the certificates of the superintendentregistrars, must be delivered to the registrar present at the marriage, before the marriage can take place. The marriage can be celebrated either in a chapel or building registered for that purpose, or in the superintendent-registrar's office. The doors of the building should be open (6 & 7 Will. Iv. c. 85, s. 20), though the breach of this regulation does not avoid the marriage (Campbell v. Corley, 1856, 4 W. R. 675); the ceremony should take place between 8 A.M. and 3 P.M., in the presence of some registrar of the district and two or more credible witnesses.

No special form of ceremony is necessary, but two declarations given in 6 & 7 Will. IV. c. 85 are necessary; but by 7 Will. IV. and 1 Vict. c. 22, a Welsh translation of these declarations has been authorised. Quaker marriages, which had long been allowed, were confirmed by 6 & 7 Will. IV. c. 85, s. 2, and such marriages may now be by licence (19 & 20 Vict. c. 119, s. 4). [The presence of the registrar is rendered unnecessary by Marriage Act, 1898, provided the provisions of that Act are complied with.]

Burials of Nonconformists.-By the common law every parishioner is entitled to be buried in the churchyard of his parish (R. v. Coleridge, 1831, 2 Barn. & Adol. 806), and for this purpose every person is a parishioner of the parish in which he dies (Com. Dig., "Cemetery," B). Prior to 1880, only the burial service of the Church of England, by an episcopally-ordained minister, could be used in a churchyard or consecrated ground (Johnson v. Friend, 1860, 6 Jur. N. S. 280). But by the Burial Law Amendment Act, 1880, a person can be buried with or without religious service; and any person, duly authorised by those in charge of the funeral, can take part in the burial service. But the churchwardens and incumbent have full power to refuse interment to any persons other than parishioners; and it may be that, as a condition of their assent to the burial of a non-parishioner, they could insist on the burial being conducted according to the rites of the Church of England.

The notice of intention to bury in accordance with the Act in either churchyard or consecrated parts of parochial cemeteries should be

given, either to the incumbent or his substitute, or to the chaplain, by any relative, friend, or legal representative of deceased, not later than forty-eight hours prior to the interment. In the case of an indoor pauper, notice of burial must also be given to the master of the workhouse, or, in case of an outdoor pauper, to the clerk of the Guardians. The hours of burial are from 10 A.M. to 6 P.M. between 1st April and 1st October, and from 10 A.M. to 3 P.M. between 1st October and 1st April. The certificate, in the case of a burial in a churchyard, must be sent to the incumbent, or in case of a burial in a cemetery, to the clerk of the Burial Board. It has been decided that the tolling of the church or chapel bell is a part of the Church service, and that therefore a clergyman may legally refuse to allow it to be tolled in a burial under the Act of 1880.

With regard to cemeteries, the ground may be consecrated or unconsecrated. The whole ground may be consecrated, if a resolution to that effect is carried at a meeting of ratepayers; or if not, a portion of the burial-ground may be unconsecrated. A chapel belonging to the Established Church may be provided in the cemetery; but if that is done, a Nonconformist chapel must also be provided unless a majority of the vestry or parish council, consisting of not less than three-fourths of the members, decide that it is unnecessary (18 & 19 Vict. c. 128, s. 14).

Nonconformists may be buried in all parts of the parochial cemetery (15 & 16 Vict. c. 85), but they have to pay the ecclesiastical fees. Similarly, a clergyman of the Church of England may use the burial service of that church, or such portion of it as can legally be used, when conducting a burial service in unconsecrated ground. [For the provisions of the Burial Act, 1900, see BURIAL, Vol. II. p. 487.]

Education. At common law, if a charitable endowment was purely eleemosynary, or where usage was in their favour, Dissenters could claim to participate in it, unless they were expressly excluded (A.-G. v. Calvert, 1857, 53 Beav. 248, per Lord Romilly. But see also Lord Hatherley in In re Chelmsford Gr. Sch., 1855, 1 Kay & J., at p. 543). The only exception to this rule is in the case of a school connected with the National Society for Promoting the Education of the Poor in the Principles of the Church of England (Phill. Eccles. Law, 2nd ed., 1624). Prior to the University Tests Abolition Act of 1871 (see passim; 34 Vict. c. 26), the universities of Oxford, Cambridge, and Durham were closed to Dissenters. Nonconformists can still not take the degrees of B.D. or D.D., or hold a Professorship of Divinity at these institutions, but they can pass the examinations in theology, and even examine in the Theological Final School. New colleges can be created which shall be confined to the members of a sect (R. v. Hertford College, 1878, 3 Q. B. D. 693). See also EDUCATION; ENDOWED SCHOOLS.

Gifts and donations to Nonconformist chapels must comply with the Mortmain and Charitable Uses Act, 1888, 51 & 52 Vict. c. 42, incorporating and consolidating previous Mortmain Acts from 8 Geo. II. c. 36. See MORTMAIN. Every assurance of land to and for the benefit of a chapel or denomination, and every assurance of personal estate, is void unless (1) the assurance is irrevocable and without reservation; but this does not apply to a case where the grantor reserved the right of appointing the minister (Grieves v. Case, 1792, 2 Cox, 301; Wickham v. Marquis of Bath, 1865, L. R. 1 Eq. 17); (2) the conveyance is by deed executed in the presence of two attesting witnesses; (3) the conveyance

is made for valuable consideration or twelve months before the grantor's death; (4) the assurance is enrolled in Chancery within six months of execution; and (5) in case of stock in the public funds, the transfer is completed six months before the death of the assurer.

Dispositions of land (except by will), but not leases of land, “bond fide made to a trustee or trustees on behalf of any society, etc., for the erection" of a chapel, are exempted from the Act 31 & 32 Vict. c. 44, applying to conveyances subsequent to July 13, 1868; but such dispositions are subject to two conditions: (1) the alienation must have been made for full and valuable consideration, and (2) each piece of land must not exceed two acres in extent. By 36 & 37 Vict. c. 50 (Places of Worship (Sites) Act, 1873), any person seised in fee-simple, fee-tail, or for life or lives, of or to any manor or lands of freehold tenure, or having a beneficial interest therein, or being in possession for the time being, "may grant, convey, or enfranchise by way of gift, sale, or exchange, in fee-simple or for any term of years, any quantity not exceeding one acre of such land, as a site for a church, chapel, meetinghouse, or other place of divine worship, or for the residence of the minister, or for a burial-place," etc. The life tenant must, in such a case, get the person next entitled to join in the conveyance; but a parent, as the natural guardian, can concur for his infant son (In re Marquis of Salisbury and Ecclesiastical Commissioners, 1876, 2 Ch. D. 29). By 45 & 46 Vict. c. 21, the last-mentioned Act is extended to authorised corporations, and a life tenant where the next person entitled is unborn or unascertained, to make similar grants.

A bequest for the erection of a chapel is valid when the site has not to be purchased (Jones v. Williams, T. L. R. April 14, 1886); and, generally speaking, shares in companies, whether incorporated or unincorporated, are not within the Mortmain Act of 1888, although the property of the company may consist partly of land. (This does not extend to shares which, like the old shares of the New River Company, have themselves the quality of real estate.)

Trusts. The jurisdiction of the Charity Commissioners extends to all charities in England and Wales for the benefit of Dissenters, Roman Catholics, and Jews, but certified chapels are exempted from the operation of the Charity Trusts Act, 1853, and the Amending Act 18 & 19 Vict. c. 81. The exempted charities, however, can (s. 64) send any disputes as to any office, or the fitness or disqualification of any trustee or officer, or his election or removal, or generally in relation to the management of the charity, to the arbitration of the Commissioners, whose award shall be final, by a two-thirds vote of the members present at any special meeting duly convened by notice for the purpose. By 32 & 33 Vict. c. 110, s. 14, the Charity Commissioners are empowered, on the application of the trustees, to extend the Charity Trusts Act to places of worship. The Commissioners are empowered to inquire into the management of the charities, to oblige the trustees to render accounts, to advise the trustees on the administration of the trusts, to authorise the granting of leases, the making of improvements, the raising of money by mortgages, and the sale, exchange, or partition of lands. The Attorney-General, or any person anthorised by him, is given a right of appeal from the order of the Commissioners appointing or removing a trustee. The appeal is, by petition, to the High Court (see Daniell, Chancery Forms, 2nd ed., p. 2035). Trusts can be enforced (1) by information filed in the name of the Attorney-General; (2) by

"

action, where the relief desired does not concern administration of revenue; and (3) by petition to the Lord Chancellor, the Master of the Rolls, or to the Court of each.

The Courts have experienced great difficulty in administering chapel trusts because of the difficulty which was found in discovering their true and proper application. Where the terms of the original trust-deed were explicit as to the doctrines which were to be preached, and the form of church government which was to be observed in the chapel, no serious difficulty could of course arise, but in many cases the trust-deed was either silent on these points or had been lost. It was held (A.-G. v. Aust, 1866, 13 L. T. N. S. 233) that where a congregation was divided as to doctrine, the chapel must go, not to the majority of the present congregation, but according to original trust-deed (cf. Free Church of Scotland v. Overtoun, [1904] A. C. 515). By the Dissenters' Chapels Act, 7 & 8 Vict. c. 45, it was enacted that in cases where there was no express statement in the deed of foundation as to the particular doctrines for which a chapel was to be employed, twenty-five years' usage was to be conclusive. It has been decided that the words Presbyterian" or or "Dissenting Congregation" are too vague to take a case outside the Act, but the words "Presbyterian or Independent" occurring in the deed of foundation have been held to be sufficiently explicit. It has also been held that Unitarians, though they may be free to change their opinions at any time when they are convinced of their error, can yet have the benefit of twenty-five years' usage (A.-G. v. Hutton, 1844, 7 Ir. Eq. R. 612). Where a chapel has been established for one denomination, it is a breach of trust to convert it for the purposes of another form of worship (Broom v. Summers, 1840, 11 Sim. 353; Dill v. Watson, 1836, 2 Jones Ex. 49; A.-G. v. Welsh, 1844, 4 Hare, 572), though the trustees and all or some of the members may have assented to the conversion (A.-G. v. Aust, supra; A.-G. v. Murdoch, 1849, 7 Hare, 445; see Lord Eldon, A.-G. v. Pearson, 1817, 3 Mer., at pp. 400, 418, 419; 17 R. R. 100; Free Church of Scotland v. Overtoun, [1904] A. C. 515). A charity intended for Protestant Nonconformists can be applied to the benefit of no one else (A.-G. v. Murdoch, supra), and an endowment intended for Trinitarians cannot be applied to Unitarians (Shore v. Wilson, 1843, 9 Cl. & Fin. 355; Drummond v. A.-G., 1842, 2 H. L. C. 837). Similarly, a charity intended for the Established Church of Scotland, cannot be applied to the Free Church (A.-G. v. Walsh, 1888, 4 Hare, 572), nor can one intended for the Independents be used for the benefit of the Presbyterian Church of England (A.-G. v. Anderson, 1888, 57 L. J. Ch. 543); but it has been held that there is no difference between the Baptists and the Particular Baptists, as each congregation is at liberty to regulate its own practice in the points which separate the two bodies (A.-G. v. Gould, 1860, 28 Beav. 485). Knight-Bruce, V.-C., held (A.-G. v. Murdoch, supra) that a Nonconformist congregation could unanimously and with the concurrence of the trustees make new regulations for public worship, which should not be subversive of the original constitution. The dissentient minority of a congregation may, however, become bound by acquiescence (Cairncross v. Lorimer, 1860, 3 Macq. 827). But the Attorney-General would have the right to protect the charity (Corporation of Newcastle v. A.-G., 1845, 12 Cl. & Fin. 402). But the majority of the congregation can only alter the laws, and make new ones, so far as may be consistent with the primary trusts (Milligan v.

Mitchell, 1837, 3 Myl. & Cr. pp. 74, 83). The Court is to determine what those trusts are, and whether they are being carried out properly (Newsome v. Flowers, 1860, 10 W. R. 26). A trust left for one denomination which had ceased to exist will be applied cy-près for the benefit of another (e.g. French Protestant Refugees, A.-G. v. Daugars, 1864, 12 W. R. 363; London Gaelic Church, A.-G. v. Stewart, 1872, L. R. 14 Eq. 17).

Several Nonconformist denominations have learnt by experience the danger of leaving the form of the trust-deed to be decided by each successive grantor, and have adopted "model deeds." Among them are the Bible Christians (date of Model Deed, 1863, superseding 1831), Methodist New Connexion (1846), Primitive Methodists (1864, superseding 1830), Wesleyan Reformers or United Methodist Free Churches. (1865, superseding 1840), Welsh Calvinistic Methodists (deed-poll of 1826), and Wesleyan Methodists (Skircoat Model Deed of 1832). The General and Particular Baptists, the Independents or Congregationalists, and the Presbyterian Church of England have not adopted "model deeds."

Trustees. The provisions contained in the instrument creating the trust with reference to the appointment and removal of trustees must always be observed. Where the instrument is silent on these points, or where any difficulty arises in following the procedure it directs, or otherwise, the Court of Chancery has always had jurisdiction, on an information filed for the purpose by the Attorney-General, to remove trustees who cannot or do not efficiently perform the duties of their office, even though they may have been guilty of no actual misconduct (4.-G. v. Pearson, supra), and others can be appointed in their stead (A.-G. v. Clark, 1839, 1 Beav. 467), if the old trustees, for example, entertain opinions which ought not to be preached (A.-G. v. Murdoch, supra; Shore v. Wilson, supra). Under Sir J. Romilly's Act, 52 Geo. III. c. 101, the Court could on petition appoint new trustees, and remove any or all of the old trustees who had been guilty of a breach of trust. By 2 & 3 Will. Iv. c. 57, when the trustees are dead, the Court may appoint new trustees. By the Trustee Act, 1850, s. 45, the Court may vest the property in the trustees of any charity (over which the Court would have jurisdiction upon suit being duly instituted), whether the trustees were appointed in the instrument, or by the decree of the Court, or by order on petition under any statute authorising the Court to make such an order. By the Charitable Trusts Act, 1869, 32 & 33 Vict. c. 110, the Charity Commissioners can appoint or remove trustees (though they cannot remove a trustee on the sole ground of his religious belief). By Sir Morton Peto's Act, 13 & 14 Vict. c. 28, it is unnecessary that any conveyance of the property should be made to the new trustees. "Successors" are to be appointed as provided in the trust-deed, or in a separate deed; if not, then "in such manner as shall be agreed upon by such congregation or society." In order to preserve evidence of the appointment of the new trustees, the Act requires that "every such appointment shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting of the congregation or society, and shall be executed in the presence of such meeting, and attested by two witnesses " (s. 3). But (1) the Act does not apply to Wesleyan Methodists (In re Houghton Chapel, 1854, 23 L. T. 268); (2) it is doubtful if the new trustees acquire all the powers of the old trustees, or only the legal estate (Lewin on Trusts, 9th ed.,