Page:The statutes of Wales (1908).djvu/385

A.D. 1838] reign, intituled "An Act for carrying into Effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage," the said Commissioners were directed to prepare and lay before his then majesty in council a scheme for presenting the appointment of any clergyman not fully conversant with the language to certain benefices with cure of souls in : and whereas it is expedient to repeal such enactment, and instead thereof to enact other provisions of more general and extensive application; be it therefore enacted, that the said enactment shall be and the same is hereby repealed.

104. And be it enacted. That within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint Davids, it shall and may be lawful for the Bishop, if he shall think fit, to refuse institution or Licence to any Spiritual person who after due examination and inquiry shall be found unable to preach, administer the Sacraments, perform other pastoral duties, and converse in the language: Provided always that any such Spiritual person may, within one month after such refusal, appeal to the Archbishop of Canterbury, who shall either confirm such refusal or direct the Bishop to grant institution or licence, as shall seem to the Archbishop just and proper: Provided also, that nothing hereinbefore contained shall be construed to affect or abridge any rights which the inhabitants of any benefice within the said four Welsh dioceses may at present by Law possess of entering a caveat against or objecting in due course of law to the institution, collation, or License of any Spiritual person, or of proceeding to procure the deprivation of any such person.

105. And be it enacted, That all the provisions and powers of this Act relating to the appointment of curates where the ecclesiastical duties are inadequately performed shall within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint Davids extend and apply to cases wherein the Bishop shall see reason to believe that the ecclesiastical duties of any benefice are not satisfactorily performed by reason of the insufficient instruction in the language of the Spiritual person serving such benefice.