CHURCH BUILDING ACT, 1822. (3 GEO. 4, c. 72.) An Act to amend and render more effectual Two Acts passed in the Fifty-eighth and Fifty-ninth Years of his late Majesty, for building and promoting the building of additional churches in populous parishes (a). [22d July 1822.] Preamble recited the Church Building Acts, 1818 and 1819 (58 Geo. 3, c. 45 and 59 Geo. 3, c. 134). Repealed by the Statute Law Revision (No. 2) Act, 1890. public de lands, etc., [1] It shall be lawful for the master general and Ordnance principal officers of his Majesty's ordnance, and also for and other the comptroller of the barrack department, and also for the partments, principal officers of any other public department, having or and all corporations, holding any messuages or buildings, or any lands, grounds, may give tenements, or hereditaments for and on behalf of his messuages, Majesty for the public use of any such department, by any for sites for grant or conveyance signed by the master general or any churches, two of the principal officers of the ordnance department or etc. by any grant or conveyance signed by the comptroller of the barrack department or by any grant or conveyance signed by any one or more of the principal officers of any such other public department as aforesaid, and countersigned, as to all such last-mentioned grants or conveyances, by the Treasury, and it shall also be lawful for any and every body politic, corporate, and collegiate, and corporation aggregate or sole, or for any trustees, guardians, commissioners, or other persons having the control, care, or management of any hospital, schools, charitable foundations, or other public institutions, by any grant or conveyance signed by or under the seal of such body or corporation. respectively, to give, grant, and convey any messuages, buildings, lands, grounds, tenements, or hereditaments (a) This Act is repealed so far as it confers power to enforce payment of any rate (Statute Law Revision Act, 1873). The power to enforce the payment of church rates was abolished by the Compulsory Church Rates Abolition Act, 1868 (31 & 32 Vict. c. 109). Sect. 1. respectively, and if any such messuages, buildings, lands, grounds, tenements, or hereditaments respectively shall be copyhold at the time of any such gift, grant, or conveyance, in any case in which the lord is willing to enfranchise the same, to be used as sites for churches or chapels, or for enlarging sites of churches or chapels, or for church or chapel yards or cemeteries, or for enlarging sites for church or chapel yards or cemeteries, or for parsonages or residences for ecclesiastical persons; and all such gifts, grants, and conveyances shall be made to the commissioners or such other person or persons as shall be specified by the said commissioners under the said recited Acts and this Act, to be used for the purposes thereof; and all such gifts and grants may be made and given without any valuable consideration whatever; and all conveyances and assurances made for carrying any such gifts or grants into effect shall be valid and effectual in the law to all intents and purposes whatsoever, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding; and all bodies politic, corporate, or collegiate, and all persons whosoever so giving, granting, and conveying as aforesaid are hereby indemnified for or in respect of any such gift, grant, conveyance, or enfranchisement which he, she, or they, or any of them shall respectively make or convey by virtue of or in pursuance and for the purposes of the said recited Acts and this Act. The powers of the commissioners are now exercised by the Ecclesiastical Commissioners (Church Building Commissioners (Transfer of Powers) Act, 1856 (19 & 20 Vict. c. 55)). Enlarged powers for granting lands for sites, etc., are now given by the Places of Worship Sites Act, 1873 (36 & 37 Vict. c. 50), and the Places of Worship Sites Amendment Act, 1882 (45 & 46 Vict. c. 21). The trustee of a charity is not authorised by any enactment in the Church Building Acts to convey to the commissioners the private chapel of a charitable foundation held by him as a trustee for the benefit of the charity. Such a conveyance was declared to be a breach of trust, and a reconveyance ordered, although the commissioners had caused the chapel to be consecrated as a parish church, and had caused the person who was chaplain of the charity to be appointed the incumbent, as of a parish church, and caused a district to be assigned to it as a parish church under an Order in Council (Attorney-General v. Manchester (Bishop of ) (1867), L. R. 3 Eq. Sect. 2. Form of 2. All grants, conveyances, and assurances, which shall be made under the authority of the said recited Acts or this Act, or either of them, of any messuages, buildings, lands, conveyance. grounds, tenements, or hereditaments, whether belonging to his Majesty as part of the Duchy of Cornwall or of the Duchy of Lancaster, or otherwise, or to any body or persons whatever, to the said commissioners or any other person or persons under their direction for the purposes of the recited Acts and this Act, may and shall be made according to the form following, or in such other form as the case may require, or as near thereto as the circumstances of the case will admit; videlicet, "I [or we, or the corporate title if a corporation] under the authority and for the purposes of the Church Building Acts, 1818, 1819, and 1822, do hereby freely and voluntarily give to his Majesty's Commissioners [or to (as the case may require), and by these presents freely and voluntarily, and without any valuable consideration, [if the lands, et cætera, are conveyed for a valuable consideration, leave out the words in italics, and insert, do, for and in consideration of the sum of to me, or us, or the paid, hereby under the authority of the several recited Acts, grant, convey, and release to the said ] all [describing the premises to be conveyed], and all [my, or our, or the] right, title, and interest of [if a corporation] to and in the same and every part thereof; to hold to the said and their successors, for the purposes of the said several Acts, and to be devoted, when consecrated, to ecclesiastical purposes for ever, by virtue and according to the true intent and meaning of the said several recited Acts. In witness whereof, et cætera." And all such conveyances and assurances shall be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all estates tail, and other estates, rights, titles, trusts, and interests and incumbrances whatsoever. 3. It shall be lawful for the said commissioners under the Commissaid recited Acts and this Act to procure and obtain, or sioners may obtain or require parishes, chapelries, townships, and places to accept lands provide and furnish, by all or any of such ways and means required for enlarging or Sect. 3. rebuilding Where lands such fines shall be paid to the corporation entitled thereto. as are specified in the said recited Acts or either of them or this Act, in relation to sites for additional churches or for church or chapel yards or cemeteries, or to accept and receive as gifts and grants under and for the purposes of the said recited Acts and this Act, and to take grants of to themselves, or direct grants of to be made to any other person specified by them for that purpose, any such land or ground or additional land or ground, as may in the judgment of the said commissioners be required for the enlarging or improving any church or chapel, and also any land or ground which may be required or be convenient for the rebuilding of any church or chapel, whether contiguous or not to the present site thereof; and all the powers, authorities, clauses, and provisions in the said recited Acts or either of them or in this Act contained, in relation to the obtaining or procuring any lands or grounds, or requiring any lands or grounds to be provided or furnished by any parishes or places, for any sites for additional churches, or any other purpose of the said recited Acts, shall extend and be construed to extend to the obtaining, procuring, requiring, accepting, or receiving, under the authority of the said recited Acts or this Act or either of them, any lands or grounds for the purposes aforesaid, as fully and effectually to all intents and purposes as if all such powers and authorities had been given and all such clauses and provisions had been repeated and re-enacted in this Act, as to such lands and grounds. 4. In every case in which any lands, tenements, hereditaments, or any interest in or arising out of any lands, tenements, or hereditaments, shall be given up, sold, or surrended by or taken under the provisions of the said Act or this Act from any body politic or corporate or person, and which any such body politic, corporate, or person shall be entitled to take any fine or fines upon the renewal of any life or lives, or of any lease or leases upon or of any such lands, tenements, or hereditaments, the amount of the value of the interest of such body politic or corporate or person which would arise out of the renewal of such life or lives or lease or leases, if the same were renewed at the time of such lands, tenements, or hereditaments being so given up, sold, surrendered, or taken, shall be paid to the body Sect. 4. politic, corporate, or person entitled thereto, out of the principal sum ascertained under the provisions of the said recited Acts as the value of such lands, tenements, or hereditaments; and the remainder of such principal sum shall be applied under the provisions of the said recited Acts or this Act. 5, 6. [Repealed by Statute Law Revision Act, 1873.] sioners and 7. It shall be lawful for the said commissioners, and also Commisfor any parish or place for which any Act or Acts of Parliaplaces for ment shall have been passed in relation to the building or which local rebuilding or enlarging any church or chapel, or enlarging Acts as to building any or procuring any church or chapel yard or cemetery, to church, etc., make any grants or loans, or give or grant any other aid or have been passed, may assistance in procuring sites for churches or chapels, or land make grants or ground for such church or chapel yards or cemetery, or or loans for any addition thereto, and to use, enforce, and apply all the procuring land, etc. powers, authorities, claims, regulations, and provisions in the said several Acts and this Act contained for carrying into execution any of the purposes thereof, anything in any Act or Acts relating to any such parish or place to the contrary notwithstanding. sioners in certain cases may take parishes, 8. In every case in which any parish or place shall not have Commisbeen able or shall not hereafter be able to procure any land or ground for the building or rebuilding any church or chapel, or enlarging any existing church or chapel, or for the making of land for any yard to any church or chapel, or for any cemetery, or for and pay enlarging any yard to any church or chapel or any cemetery, the value assessed. by reason of the inability of any person or persons, body or bodies, interested in such land or ground or any part thereof, to convey or make a good title to the same, freed and discharged from all incumbrances, or that any such person or persons or body or bodies shall be unwilling to treat for the sale thereof, or cannot agree for such sale and purchase, then and in every such case it shall be lawful for the said commissioners, and they are hereby authorised and empowered, if upon consideration of all the circumstances of the case they shall think proper, to take such land or ground for any such purpose as aforesaid for any such |