sion by any definitive sentence or decree of the judge of the Court of Arches, or of the judge of the Chancery Court of York: Provided always, that the said bishop may, if he shall see fit, in and by such sentence assign to such spiritual person out of the profits of such preferment any annual sum not exceeding one half of the net annual value of such preferment.] X. After fourteen days from delivery of statement, cause may be proceeded with in Court of Arches or Chancery Court of York, on request of bishop, &c.-Provided always, and be it enacted, That at any time after the expiration of fourteen days from the delivery of such statement aforesaid to such spiritual person the bishop or archbishop by whose registrar such statement shall have been delivered or caused to have been delivered to such spiritual person may, if he shall think fit, at the prayer of any person desiring to institute a suit against such spiritual person, or of his own mere motion, make request to the judge of the said Court of Arches, or the judge of the Chancery Court of York, as the case may be, and that thereupon the said judge shall accordingly proceed to take, treat, examine, and determine the matter before himself or his substitutes. XI. Proceedings in case such request be not made within three months from delivery of statement as aforesaid.[Provided always, and be it enacted, That in case any bishop shall not, within three calendar months from the time when such statement shall have been left in his registry as aforesaid, give sentence without public proceedings, or make such request as aforesaid, and in case the person leaving such statement still desire to institute a suit, such person may appeal, within ten days after the expiration of such three months, to the archbishop of the province, by delivering or causing to be delivered to the said archbishop a true copy of such statement,annexed to and verified by an affidavit, wherein shall also be set forth the time when the said statement was left in the registry of the said bishop, and that the said bishop had not within the said three months made such request as aforesaid, and that thereupon it shall be lawful for the said archbishop, if upon inquiry he shall see fit, to grant his permission to the said person to institute a suit touching the offences specified in such statement in the Court of Arches or Chancery Court of York, as the case may be, and within one calendar month from the delivery to him of such statement and affidavit, and not afterwards, to signify such permission by writing at the foot or end of such affidavit the words "Proceed herein," and by subscribing the same with his hand, which affidavit so subscribed the registrar of the said archbishop shall forthwith deliver or cause to be delivered to the party so appealing as aforesaid.] XII. Proceedings in Court of Arches or Chancery Court to be conducted as Causes of Correction have hitherto been conducted in the said courts, save as altered by this Act.-And be it enacted, That in all suits to be hereafter instituted in the Court of Arches [or the Chancery Court of York] in pursuance of this Act, the proceedings shall be conducted and evidence shall be taken, by commission or otherwise, in the same form and manner as proceedings and evidence have been heretofore conducted and taken in Causes of Correction depending in the said courts respectively, save as such proceedings are altered by this Act, or may hereafter be altered by any order or orders of court which may from time to time be issued by the judges of the said courts, to adapt such proceedings more conveniently and summarily to carry into effect the provisions of this Act, and which order or orders such judge respectively is hereby empowered to make, and from time to time to rescind or alter, at his discretion; and the order or orders so to be made shall be as valid as if the same had been inserted in this Act; and save also when the judge of either of the said courts shall in pursuance of the powers given to him by this Act take evidence or direct evidence to be taken by word of mouth. XIII. Every suit to be commenced within two years from the commission of the offence.-And be it enacted, That every such suit shall be commenced within two years after the commission of the offence in respect of which the suit shall be instituted, and not afterwards: Provided always, that whenever any such suit shall be brought in respect of an offence for which a conviction shall have been obtained in any court of common law, such suit may be brought against the person convicted at any time within six months after such conviction, although more than two years shall have elapsed since the commission of the offence in respect of which such suit shall be so brought. XIV. After articles of charge allowed, defendant to give a separate issue to each article, and to plead.And be it enacted, That upon the articles of charge in any such suit being allowed by the court as admissible, the defendant shall be required forthwith to give a separate issue to each of such articles, and that all further pleading shall be concluded before the taking of any evidence in the said suit. XV. Power to suspend defendant during proceedings. And be it enacted, That when all the several pleas in any such suit shall have been concluded, and before witnesses shall have been examined, or afterwards, it shall be lawful for the judge, on motion in open court, on behalf either of the promoter of the suit or of the bishop of the diocese within which the defendant may hold any preferment, or, if he hold preferment within more than one diocese, on behalf of the archbishop of the province, to pronounce, if he shall think right, that there is a sufficient prima facie case against the defendant to justify, if need be, his suspension from performing any spiritual offices during the pendency of such proceedings, and to certify the same to the bishop of the diocese within which such defendant may hold any preferment, and that thereupon it shall be lawful for such bishop, if he shall see fit, to suspend such defendant accordingly, and to provide in the mean time for the performing the duties of such preferment, and if necessary by sequestration, as in the case of non-residence on a benefice: Provided always, that the salary to be assigned in any such case to the person appointed to perform the spiritual duties of such preferment shall not exceed one half of the net annual value thereof, nor the salary which the ordinary would have been empowered to assign to the curate of such defendant if non-resident, under an Act passed in the first and second years of Her Majesty's reign, intituled, "An Act to abridge the holding of Benefices in Plurality, and to make better provision for the Residence of the Clergy." XVI. Witnesses to be examined to such parts only of pleas as court shall direct.-And be it enacted, That in any such suit witnesses shall be examined on such parts only of the several pleas as the judge shall, on motion in open court, direct. XVII. Evidence may be taken vivâ voce in open court.—And be it enacted, That in any such suit the said Court of Arches [or Chancery Court of York] (if it shall think fit) may summon before it and examine or re-examine witnesses by word of mouth, and either before or after examination by deposition or before a Commissioner, as hereinafter mentioned; and such evidence shall be taken down in writing by the registrar, or by such other person or persons, and in such manner, order, and course, as the judge of either of the said courts respectively shall direct. XVIII. Evidence may be taken vivá voce before a commissioner.-And be it enacted, That the said courts may, if they shall think fit, in any such suit issue one or more special commissions to some person, being an advocate or examiner of the said Court of Arches of not less than seven years' standing, or a barrister of not less than seven years' standing, to take evidence by word of mouth, at such time or times, places or place, and as to such fact or facts, and in such manner, order, and course, and under such limitations and restrictions, and to transmit the same to the registry of the court from which the commission shall issue in such form and manner as in and by the said commission shall be directed; and that such commissioner shall be attended, and the witnesses shall be examined, cross-examined, and re-examined by the parties, their counsel, proctors, or agents, if such parties, or either of them, shall think fit so to do; and such commissioner shall, if need be, make a special report to the court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto; and the said courts are hereby respectively authorized to institute such proceedings and make such order or orders upon such report as justice may require, and as may be instituted or made in any case of contempt of the said courts respectively. XIX. Court may direct an issue to try any fact.-And be it enacted, That it shall be lawful for the judge in any such suit to direct one or more feigned issue or issues to be tried in any court of common law, and either before a judge of assize or at the sittings for the trial of issues in London or Middlesex, and either by a special or common jury, in like manner and for the same purpose as is now done by the High Court of Chancery. XX. Court may in certain cases direct depositions to be read at the trial of the issue. And be it enacted, That it shall be in the discretion of the judge to direct that on the trial of any such issue the depositions already taken of any witness who shall have died, or who shall be incapable to give oral testimony, shall be received in evidence; and further, that such deeds, evidences, and writings shall be produced, and that such facts shall be admitted as to the said judge shall seem fit. XXI. Court may direct new trials of issues. And be it enacted, That it shall be lawful for the judge to direct one or more new trial or new trials of any issue, either generally or upon certain points only; and that in case any witness examined at a former trial shall have died, or have, through bodily or mental disease or infirmity, become incapable to repeat his testimony, it shall be lawful for the said judge to direct that parol evidence of the testimony of such witness shall be received. XXII. Attendance of witnesses and production of papers, &c. may be compelled by subpoena.-And be it enacted, That it shall be lawful in any such suit for the judge of the said Court of Arches or the said Chancery Court of York, or for any such commissioner appointed in pursuance of this Act, to require the attendance of any witnesses, and the production of any deeds, evidences, or writings, by writ, to be issued by such judge or commissioner in such and the same form, or as nearly as may be, as that in which a writ of subpoena ad testificandum, or of subpoena duces tecum, is now issued by Her Majesty's Court of Queen's Bench at Westminster; and that every person disobeying any such writ so to be issued by the said judge or commissioner shall be considered as in contempt of the said Court of Arches or Chancery Court of York respectively, and shall also be liable to such and the same penalties and consequences as if such writ had issued out of the said Court of Queen's Bench, and may be sued for such penalties in the said Court of Queen's Bench. XXIII. Witnesses to be examined on oath, and to be liable to punishment for perjury.-And be it enacted, That any witness who shall be examined viva voce in pursuance of this Act shall give his or her evidence upon oath, or upon solemn affirmation in cases where an affirmation is allowed by law instead of an oath, which oath or affirmation respectively shall be administered by the judge or his surrogate, or by any commissioner appointed in pursuance of this Act; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjury, and shall be punished accordingly. XXIV. Costs in the discretion of the court, and may be taxed and enforced as costs in any ecclesiastical court. And be it enacted, That the costs of such issues, or of such commission as aforesaid, as the judge of the said Court of Arches or Chancery Court of York shall under this Act direct, shall be paid by such party or parties, person or persons, and be taxed by the registrar of the said courts respectively, in such manner as the said judge shall direct, and that payment of such costs shall be enforced in the same manner as costs between party and party may be enforced in any ecclesiastical court. XXV. Sequestration and application of profits of preferments during suspension under a definitive sentence.— And be it enacted, That when in any such suit any spiritual person shall be suspended by any definitive sentence, or decree having the force and effect of a definitive sentence, from any preferment or preferments, the bishop shall during such suspension sequester the profits of such perferment or preferments, and by order under his hand direct the application of the profits of the same respectively, after deducting the necessary expenses of providing for the duties of the same respectively, in the first place, to the payment of the costs and expenses which shall have been incurred in the prosecution of such suit, and in relation to such suspension and sequestration; and in the next place towards the repair or sustentation of the chancel, house of residence of any such preferment, or of any of the buildings and appurtenances thereof, and of the glebe and demesne lands; and in the next place towards the augmentation or improvement of any such preferment, or the house of residence thereof, or of any of the buildings or appurtenances thereof, or towards the improvement of any of the glebe or demesne lands thereof; and that no part of such profits shall be paid to the spiritual person so suspended, nor applied for his use or benefit, or in satisfaction of a sequestration previously or subsequently obtained at the suit of a creditor, [except such sequestration shall have been founded on a judgment duly docketed before the passing of this Act,] unless, on special cause shown, the said bishop, in and by an order under his hand and seal, shall think fit otherwise to direct; and that such order shall set forth the circumstances and reasons which induce the bishop to make the same, and shall be filed in the registry of the said bishop by the registrar thereof, and shall be open to inspection. XXVI. Appeal to Privy Council.— And be it enacted, That in all such suits there shall be an appeal from the said Court of Arches [and Chancery Court of York respectively] to Her Majesty in council, to be referred to the judicial committee of the Privy Council, and to be proceeded in in the same manner as appeals from the said courts are now proceeded in: Provided always, that there shall be no appeal XXVII. Archbishops and bishops, members of the Privy Council, to be members of the judicial committee on all appeals under this Act.-[And be it enacted, That every archbishop and bishop of the United Church of Great Britain and Ireland, who now is or at any time hereafter shall be sworn of Her Majesty's most honourable Privy Council, shall be a member of the judicial committee of the privy council for the purposes of every such appeal as aforesaid; and that no such appeal shall be heard before the judicial committee of the Privy Council unless at least one of such archbishops or bishops shall be present at the hearing thereof.] XXVIII. Appellant to give security for costs.-And be it enacted, That the appellant shall be required to give such security as the said Court of Arches [or Chancery Court of York respectively] shall think fit for the costs to be incurred by such appeal, and for all other costs previously incurred. XXIX. Provisions of 27 Geo. 3. cap. 44. not to apply to suits against spiritual persons. And be it declared and enacted, That so much of an Act passed in the twenty-seventh year of the reign of His late Majesty King George the Third, intituled "An Act to prevent Frivolous and Vexatious Suits in Ecclesiastical Courts," as enacts that no suit shall be commenced in any ecclesiastical court for fornication or incontinence after the expiration of eight calendar months from the time when such offence shall have been committed, does not and shall not extend to charges or suits against spiritual persons for fornication or incontinence. XXX. Saving of archbishop and bishop's powers.-And be it enacted, That nothing in this Act contained shall be construed to affect any authority over the clergy of their respective provinces or dioceses which the archbishops or bishops of England and |