cerned. (a) And it is no objection to the certificate that mention is not made of the induction, for the church is full by admission and institution, unless it be in the case of the King. (6)

Where a quare impedit was brought against the Bishop and an incumbent, and the Bishop claimed nothing but as ordinary, it was holden, that the Bishop was not estopped from certifying, that the church being void, pending the issue, another had presented a clerk, of whom the church was then full, and it was said, that on a false return the plaintiff might have a quare nonadmisit, and a scire facias against the new incumbent to have execution. (c)

If issue be taken in a quare impedit, whether a clerk presented be able, or not able, he shall be examined; and it shall be certified by the Bishop; but if the presentee be dead, his ability shall be tried per pais, for the Bishop cannot cause him to be examined. (d)

op

Another ecclesiastical certificate is where the parson has refused to administer the sacrament to some one desirous of being a communicant, and continues his position on being required by the Bishop to do so; in this case, the clergyman is bound to certify the cause of his objection. For, if such a refusal be without just cause, it may occasion a temporal prejudice to the applicant, and may thus become the subject of an action at law. (e)

(a) 6 Rep. 49.

(b) Dy. 217. 6. and see 11 H. 4. 7. 6 Rep. 49, 50. (d) 12 Rep. 67.

(c) Dy. 260.

(e) 1 Sid. 34.

Clergytificate of

man's cer

cause for refusing the sacra

ment.

Certificate

ment of

first fruits

and tenths.

A certificate by the Bishop that a beneficed person of non-pay- had not paid his first-fruits or tenths, was in former days the occasion of very severe penalties, and is still the first step towards the institution of a suit for their recovery. By 26 H. 8. c. 3. s. 17. and 2 & 3 E. 6. c. 20. a clergyman so offending was deprived of his benefice, and the reason of this severity is said to be, that many parsons withheld their tenths at the reformation, conceiving them to be properly the Pope's dues. (a) It was held under the statutes, that the Bishop's certificate was traversable, and not final; for he acts in this Court only as an officer, and not as a Judge, as in case of bastardy. And it was further said, that if this matter were not triable per pais, all the parsons of England might be deprived of their benefices upon bare surmise, and certificate without answer. (b) Again, where it appeared, that a demand had been made for tenths to be paid to one whose competent authority to receive them was not explained, the Judges declared, that their duty was to abide by the verdict, notwithstanding the certificate, and a case to that effect was cited by Popham C. J. (c)

But now, by 3 G. 1. c. 10., if any person charged with the payment of tenths shall not pay or duly tender the same yearly before the last day of April succeeding the feast of the Nativity whereon the same shall become due, then, upon certificate thereof made by the collector or receiver on or before the 1st day of June following, he

(a) Burn, vol. ii.

p. 282.

(b) Cro. El. 81. Regina v. Blaucher. Mo. 915. The Queen v. Blanehall, S. C.

(c) Mo. 541. Reyner v. Parker. See with respect to Tithes, Savil. Rep. 1. Degge. part 2. c. 15.

shall be allowed, upon his account, all such sums as any persons against whom such certificates shall be made, should or ought to have paid. And in every such case, the treasurer, chancellor, and baron of the Exchequer shall issue, upon every such certificate, such process as to them shall seem proper and reasonable against every such person against whom such certificate shall be made, his executors or administrators, whereby the same may be truly levied or paid to the said collector or receiver. And, by s. 3. every sum so levied and paid, the collector or receiver shall bring to account, and charge himself therewith in his next account. It is observable, that the certificate is still liable to be traversed, and the truth of it was ascertained by verdict.

By the 2d canon 134., if any registrar, or his deputy or substitute whatsoever, shall receive any certificate without the knowledge or consent of the Judge of the Court; or willingly omit to cause any person (cited to appear upon any court-day) to be called, or unduly put off and defer the examination of witnesses to be examined by a day set and assigned by the Judge, &c. he shall by the Bishop of the diocese be suspended from the exercise of his office for the space of one, two, or three months, or more, according to the quality of his offence; and that the said Bishop shall assign some other public notary to execute and discharge all things pertaining to his office during the time of his said suspension.

By 45 G. 3. c. 84. s. 1. Bishops, &c. shall enquire into the value of benefices returned into the Exchequer, and certify the same to the Governors of Queen Anne's bounty, who shall be empowered to act upon such new certificate as they were enabled to do before the passing of the act with respect to livings not returned into the

Certificate

A certificate by the Bishop

of non-pay- had not paid his first-fruit

ment of

first fruits and tenths.

days the occasion of very

the first step towards th

recovery. By 26 H. 8

a clergyman so offend

and the reason of
parsons withheld

ceiving them to

held under th

traversable,

as an offi

And it

triable: priv

A

is own cause.

at the disfruits and

hether a ried per

1 is re

ider

V, in nds

my

in

e county, since cases of lapse, for

CHAP. II.

THE BANKRUPT'S CERTIFICATE.

C

SECT. I.

origin of this Certificate, the Statutes which introduced it, with other general Matters concerning it. (a)

this certi

ficate.

THE HE bankrupt's certificate, which changed very con- Origin of siderably the severe laws existing upon this subject, originated in a conviction of the insufficiency and rigor of enactments which placed the insolvent at the entire mercy of his creditors, with scarcely any hope of a surplus; and in most instances, without the most slender prospect of a final discharge. No honesty, no openness of conduct in the discovery of his affairs, could procure a legal alleviation of the bankrupt's situation under the ancient system; the general feeling of pity, which is now prevalent in the commercial world, in cases of failure, had no place, at a time when a debtor's misfortune irritated the minds of his creditors, and induced a presumption of crime against him. When at length, the prosperous state of our traffic rendered commercial failure an accident of no uncommon occurrence, and,

(a) See the 9th Section of this Chapter, for an exposition of the new Bankrupt act as it relates to Certificates.

D