by the Barris

mitted to the

Copy shall be retained by such Barrister or Lord Advocate, returned to the and the other of such Copies shall be transmitted by such Bar Society; one rister or Lord Advocate to the Clerk of the Peace for the to be retained Borough or County where the Land or Buildings of such So- ter; and the ciety in respect of which such Exemption is claimed shall be other transsituated, and shall by him be laid before the Recorder or Clerk of the Justices for such Borough or County at the General Quarter Sessions, or Adjournment thereof, held next after the Time when such Copy shall have been so certified, and transmitted to him as aforesaid, and the Recorder or Justices then and there present are hereby authorized and required, without Motion, to allow and confirm the same; and such Copy shall be filed by such Clerk of the Peace with the Rolls of the Sessions of the Peace in his Custody, without Fee or Reward.

Peace for Confirmation at Sessions, and

ations made in

the Rules to

III. And be it enacted, That if the Laws, Rules, and Regula- Certain Altertions of any such Society shall be altered, so as to affect or relate to the Property or Constitution of such Society, such be certified and Alterations shall, within One Calendar Month after the same deposited in shall have been made, be submitted to such Barrister or Lord like Manner. Advocate, and such Barrister or Lord Advocate shall certify as aforesaid; and such Rules, when so certified, shall be filed with the Clerk of the Peace as aforesaid; and in the meantime such Society shall be entitled to the Benefit of this Act, as if no

such Alterations had been made: Provided always, that if the In case of Resaid Barrister or Lord Advocate shall refuse to certify, that fusal to certify. then, subject to such Appeal as is herein-after provided, the said Society shall cease to be entitled to the Benefit of this Act from the Time when such Alterations shall come into operation.

Advocate.

IV. Provided always, and be it enacted, That the Fee pay- Fee to be paid able to such Barrister or Lord Advocate for perusing the Laws, to the BarRules, and Regulations of each Society, or the Alterations rister or Lord made therein, and giving such Certificate or Statement as aforesaid, shall not at any One Time exceed the Sum of One Guinea, which, together with the Expence of transmitting the Rules to and from the said Barrister or Lord Advocate, shall be defrayed by each Society respectively.

V. Provided always, and be it enacted, That in case any such Barrister or Lord Advocate shall refuse to certify that any such Society is entitled to the Benefit of this Act, it shall then be lawful for any such Society to submit the Laws, Rules, and Regulations thereof to the Court of Quarter Sessions for the Borough or County where the Land or Buildings of the Society shall be situated, together with the Reasons so assigned by the said Barrister or Lord Advocate as aforesaid; and the Recorder or Justices at such Quarter Sessions shall and may, if he or they think fit, order the same Rules to be filed, notwithstanding such Refusal as aforesaid; and such filing shall have the same Effect as if the said Barrister or Lord Advocate had certified as aforesaid.

Provision in

Cases where

Certificate is refused.

VI. Provided also, and be it enacted, That any Person or Appeal to Persons assessed to any Rate from which any Society shall be Quarter Sesexempted by this Act may appeal from the Decision of the said

Barrister

sions.

Barrister or Lord Advocate in granting such Certificate as aforesaid to the said Court of Quarter Sessions, within Four Calendar Months next after the first Assessment of such Rate made after such Certificate shall have been filed as aforesaid, or within Four Calendar Months next after the first Assessment of such Rate made after such Exemption shall have been claimed by such Society, such Appellant first giving to the Clerk or Secretary of the Society in question, Twenty-one Days previously to the Sitting of the said Court, Notice in Writing of his Intention to bring such Appeal, together with a Statement in Writing of the Grounds thereof, and within Four Days after such Notice entering into a Recognizance before some Justice, with Two sufficient Sureties, to try such Appeal at and abide the Order of and pay such Costs as shall be awarded by the Recorder or Justices at such Quarter Sessions; and at such Quarter Sessions such Recorder or Justices shall, on its being proved that such Notice and Statement have been given as aforesaid, proceed to hear such Appeal, according to the Grounds set forth in such Statement, and not otherwise, and, if the Certificate of the said Barrister or Lord Advocate shall appear to him or them to have been granted contrary to the Provisions of this Act, shall and may annul the same, and shall and may, according to their Discretion, award such Costs to the Party appealing or appealed against as he or they shall think proper, and his or their Determination concerning the Premises shall be conclusive and binding on all Parties to all Intents and Purposes whatsoever.

CAP. XXXVII.

708Vc 9407 An Act to make better Provision for the Spiritual Care of populous Parishes.

[28th July 1843.] WHEREAS it is expedient to make better Provision for the Spiritual Care of populous Parishes, and to render the Estates and Revenues vested in "The Ecclesiastical Commissioners for England," and the Funds at the Disposal of "The Governors of the Bounty of Queen Anne for the Aug⚫mentation of the Maintenance of the Poor Clergy," applicable 'immediately to such Purpose:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the Queen Anne's same, That the said Ecclesiastical Commissioners for England Bounty Board may, upon the Conditions herein-after mentioned, forthwith may lend Ecclesiastical borrow, and the said Governors of the Bounty of Queen Anne, Commissioners together with the Most Reverend William Howley Lord Archfor England a Sum of Stock. bishop of Canterbury, may, upon the Security herein-after mentioned, forthwith lend and transfer to the said Commissioners the Capital Sum of Six hundred thousand Pounds Three Pounds per Centum Reduced Bank Annuities, Part of a certain

Sum of such Stock now standing in the Names of the said
Governors and of the said Archbishop in the Books of the
Governor and Company of the Bank of England.

ther Sums of

II. And be it enacted, That at any Time and from Time to Bounty Board Time the said Commissioners may borrow, and the said Gover- may lend furnors and the Archbishop of Canterbury for the Time being Stock. may, if they shall think fit, lend and transfer to the said Commissioners, in like Manner, and upon the like Security and Conditions, any further Capital Sum or Sums of Stock, being Part of the Stock so standing as aforesaid.

dends half

yearly.

III. And be it enacted, That the said Commissioners shall, Commissioners upon the Transfer of any such Stock as aforesaid into their to pay DiviNames in the Books of the said Governor and Company, accept the same in such Books, and shall pay or cause to be paid to the said Governors, by half-yearly Payments on the Tenth Day of April and the Fourteenth Day of October in every Year, a Sum equal in Amount to the Amount of the Dividends which such Stock, or so much thereof as shall on such Days respectively remain unreplaced, would produce; and that it shall be lawful for the said Commissioners at any Time to replace the Whole or any Part of any such Sum of Stock.

the Commis

IV. And be it enacted, That all the Monies from Time to The whole Time accruing to the said Commissioners by reason of the Sus- Property of pension of Canonries by or under the Provisions of an Act sioners under passed in the Session of Parliament held in the Third and the Cathedral Fourth Years of the Reign of Her present Majesty, intituled An Acts to be Act to carry into effect, with certain Modifications, the Fourth every such Security for Report of the Commissioners of Ecclesiastical Duties and Revenues, Loan. and of an Act passed in the Session of Parliament held in the 3&4 Vict.c.113. Fourth and Fifth Years of the Reign of Her present Majesty, intituled An Act to explain and amend Two several Acts relating 4 & 5 Vict. c. 39. to the Ecclesiastical Commissioners for England, and all the Lands, Tithes, Rent-charges, Tenements, and other Hereditaments vested or to be vested in them under the Provisions of the same Acts or of this Act, and the Rents and Profits thereof, shall be and the same are hereby charged and made chargeable with all such half-yearly Payments as aforesaid, and also with the Repayment and replacing of the whole Capital Stock so to be lent and transferred to them, if any such half-yearly Payment, or any Part thereof, shall remain unpaid for Twenty Days next after either of the Days upon which the same shall have become due and payable as aforesaid; and that upon any such Default as last mentioned the said Governors shall, by virtue of this Act, and upon Proof of such Default, have the same and the like Remedies at Law against the said Ecclesiastical Commissioners for England, and upon and over all the Monies, Lands, Tithes, Rent-charges, Tenements, and other Hereditaments in their Possession or Power under the Provisions of the said recited Acts, for the Recovery of such Capital Stock, or so much thereof as shall then remain unreplaced, together with all Arrears of half-yearly Payments due thereon as aforesaid, as if the said Commissioners had duly executed a [No. 21. Price 2d.]

X

Deed

Bounty Board
may require
Repayment of
Capital after
Thirty Years.

Commissioners to have full Rights of Ownership over the Lands, &c. vested in them, subject to certain Conditions.

Deed under their Common Seal, covenanting for Repayment to the said Governors of such Stock, and for making such halfyearly Payment, on the Day when such Default shall have become complete as aforesaid; and that such Transfer and Acceptance as aforesaid shall be sufficient Evidence of such Covenant.

V. Provided also, and be it enacted, That it shall be lawful for the said Governors, if they shall see fit, at or after the Expiration of Thirty Years from the Date of the lending and transferring of the said Sum, and at or after the Expiration of a like Number of Years from and after the lending and transferring of any further Sum of such Stock as aforesaid, to give Notice to the said Commissioners, in Writing under their Corporate Seal, requiring them to replace, in the Names of the said Governors and of the Lord Archbishop of Canterbury for the Time being, the whole of such Sums of Stock respectively, or such Part thereof respectively as shall at the Date of such Notice remain unreplaced, and the said Commissioners shall proceed to replace the same accordingly, by yearly Instalments, amounting at the least to One Twelfth Part of such Sums of Stock respectively, or of such remaining Part thereof as aforesaid, and upon default of their duly replacing any such Instalment the said Governors shall have the like Remedies for recovering the same as for any Default in making any such half-yearly Payment as aforesaid.

VI. And be it enacted, That, notwithstanding the Charge by this Act created, all the same and the like Rights and Powers of Ownership as are possessed and enjoyed respecting and over any Lands, Tithes, Rent-charges, Tenements, or other Hereditaments whatsoever, by any absolute Owner thereof, shall be enjoyed by the said Commissioners with respect to and over all or any Lands, Tithes, Rent-charges, Tenements, and other Hereditaments vested and liable to be vested in them by or under the Provisions of the said recited Acts, and may, subject to the Provisions of the same Acts and of this Act, be exercised by them, by proper Instruments in Writing duly executed according to Law, but in the Case of any such Lands, Tithes, Rent-charges, and other Hereditaments not actually in their Possession, with the Consent of the respective Holders thereof, testified by their being made Parties to such Instruments, and that the Consent of the said Governors shall not be in any Case required to the Exercise by the said Commissioners of any such Rights and Powers as aforesaid, notwithstanding such Charge: Provided always, that every Sum of Money received as the Consideration or Purchase Money for the Sale, Transfer, or Conveyance by the said Commissioners of any of such Lands, Tithes, Tenements, or other Hereditaments, or of any Estate or Interest therein, and also every Sum of Money received by them as the Foregift or Fine for the granting or renewing of any Lease, shall, unless it be deemed expedient by the said Commissioners to apply any such Sum or any Part thereof in replacing any Stock so lent

and transferred as aforesaid, which they are hereby empowered to do, be applied by them, so soon as conveniently may be after the Receipt thereof, in the Purchase of Lands, Tithes, Rent-charges, Tenements, or other Hereditaments, or of some Estate or Interest therein, and shall in the meantime be invested in some Government or Parliamentary Stock or other Public Securities in England, the said Commissioners being at liberty to apply the Interest and Dividends of such Stock or Securities, and the Rents and Profits of such Lands, Rentcharges, Tithes, Tenements, and other Hereditaments, to the Purposes of the said recited Acts or of this Act.

Power over
Stock.

VII. And be it enacted, That the said Commissioners shall, Commissioners for the Purposes and subject to the Provisions of the said to have full recited Acts and of this Act, have full Power and Right of Property over all the Stock so lent and transferred to them by the said Governors as aforesaid.

sold, without

Approval of
Her Majesty in
Council.

VIII. Provided always, and be it enacted, That no Part of Stock not to be the Capital of such Stock shall be applied to such Purposes as used, nor Lands aforesaid, nor shall any such Lands, Tithes, Tenements, or other Hereditaments as aforesaid be sold, transferred, or conveyed, except by the Authority in the said recited Acts provided; (that is to say,) by a Scheme prepared by the said Commissioners, and an Order issued by Her Majesty in Council ratifying such Scheme.

IX. And whereas there are divers Parishes, Chapelries, and Districts of great Extent, and containing a large Population, wherein or in Parts whereof the Provision for Public Worship and for Pastoral Superintendence is insufficient for the Spiritual Wants of the Inhabitants thereof;' be it therefore enacted, That if at any Time it shall be made to appear to the said Ecclesiastical Commissioners for England that it would promote the Interests of Religion that any Part or Parts of any such Parish or Parishes, Chapelry or Chapelries, District or Districts, or any Extra-parochial Place or Places, or any Part or Parts thereof, should be constituted a separate District for Spiritual Purposes, it shall be lawful, by the Authority aforesaid, with the Consent of the Bishop of the Diocese under his Hand and Seal, to set out by Metes and Bounds, and constitute a separate District accordingly, such District not then containing within its Limits any consecrated Church or Chapel in use for the Purposes of Divine Worship, and to fix and declare the Name of such District: Provided always, that the Draft of any Scheme for constituting any such District proposed to be laid before Her Majesty in Council by the said Commissioners shall be delivered or transmitted to the Incumbent and to the Patron or Patrons of the Church or Chapel of any Parish, Chapelry, or District out of which it is recommended that any such District or any Part thereof should be taken, in order that such Incumbent, Patron or Patrons, may have an Opportunity of offering or making to the said Commissioners or to such Bishop any Observations or Objections upon or to the constituting of such District; and

X 2

that

Districts may be constituted for Spiritual Purposes;