No such

to be by virtue of his Office Overseer of the

Poor.

District Parish, District Chapelry, or consolidated Chapelry, the several Provisions of the herein-before recited Acts or this Act touching the Appointment and Election of Churchwardens for the same, and their Powers and Duties in each such Case, shall thenceforth respectively apply to such Church.

VIII. Provided always, and be it enacted, That no ChurchChurchwarden wardens appointed under the Provisions of this Act shall be Churchwardens for any other Duties than for those herein-before mentioned; but all other legal Duties appertaining to the Office of Churchwardens shall be discharged within such District Chapelry or consolidated Chapelry, and in respect of the Church thereof, and also in respect of any such new Church as aforesaid without a District, by the Churchwardens who would have discharged the same if this Act had not been passed; and that no Churchwardens appointed under the Provisions of this Act shall in virtue of such Office be deemed Overseers of the Poor.

Explanation

and Amend

ment of Part of 59 G. 3. c. 134. as to Formation of consolidated Chapelries.

IX. And whereas it is expedient to explain and amend the Provisions of the herein-before recited Act, passed in the Fiftyninth Year of the Reign of His late Majesty King George the Third, touching the Formation of consolidated Chapelries; be it therefore enacted, That where a Population is collected together at the Extremities of and locally situate in Parishes or extraparochial Places contiguous to each other, at a Distance from the respective Churches of such respective Parishes or extra-parochial Places, and where there is or shall hereafter be a consecrated Church in any of such Parishes or extra-parochial Places so circumstanced and situated as aforesaid, it shall be lawful for the said Commis sioners, with the Consent of the Bishop of the Diocese, or if such Parishes or Places are situate in different Dioceses, then with the Consents of the respective Bishops thereof, signified under his or their Hands and Seals, and with the Consents also in like Manner signified of the Patrons of such respective Parishes or extra-parochial Places, to represent to Her Majesty in,Council the Expediency of uniting any such contiguous Parts of such Parishes or Parts, or the whole of such extra-parochial Places, into One consolidated Chapelry for such Church with respect to all Ecclesiastical Purposes, and such Representation shall contain a Description of such Boundaries as may appear advisable to Her Majesty's said Commissioners for such consolidated Chapelry, and shall state to what Corporate Body, aggregate or sole, or Person, their or los Successors, Heirs, and Assigns, the Right of Presentation and Appointment to the Church of such consolidated Chapelry is proposed, with such Consents as aforesaid, and with the Approval of the said Commissioners, to belong; and if thereupon Her Majesty in Council shall think fit to order such consolidated Chapelry to be so formed, such Order shall be good and valid for the Purpose of forming the same, and the Right of Presentstion and Nomination to the Church of every such consolidated Chapelry so formed shall belong to and (when Occasion may require) may be exercised by such Body or Person, their or his Successors, Heirs, and Assigns, as shall be mentioned in such Representation, and the Spiritual Person so nominated and appointed, when Occasion may require, shall be presented to the Bishop of the Diocese for his Licence; and (save and except in

those

hose Cases where at the Time of such Consolidation such Church was either the Church of a Rectory or Vicarage, and then the aid Church shall retain its original Character,) the Church of such consolidated Chapelry shall be deemed a Perpetual Curacy, and shall be considered in Law as a Benefice Presentative, so far only as that the Licence thereto shall operate in the same Manner is Institution to any Benefice, and shall render void other Livings,

in like Manner as Institution to any Benefice, and the Spiritual Minister thereof Person serving the same shall be deemed the Incumbent thereof, to be a Perwith exclusive Cure of Souls therein, and shall have perpetual petual Curate. Succession, and shall be and is hereby declared to be a Body Politic and Corporate, and he and his Successors may receive, take, and hold such Endowments in Lands or Tithes, or both, or any such Augmentation, as shall be granted to him or them, in the same Manner as any other Incumbent is by Law entitled to do; and every such Incumbent shall be subject to all Jurisdictions and Laws, ecclesiastical or common, and to all Provisions contained in any Acts of Parliament in force relating to such Persons, and the Church of every such consolidated Chapelry shall be subject to the Jurisdiction of the Bishop within whose Diocese and Archdeaconry the Communion Table of such Church shall be locally situated, and to all the Laws in force concerning Presentation and Appointment to Benefices and Churches, and all other Laws relating to the holding the same: Provided always, that where at the Time of forming such consolidated Chapelry the said Church shall be full, the Spiritual Person filling such Church shall be and remain Incumbent of the said Church and also of the whole consolidated Chapelry.

X. And be it enacted, That Banns of Marriage may be pub- Offices of the lished, and Marriages, Christenings, Churchings, and Burials Church may be performed, in the Church of every such consolidated Chapelry so performed formed, and, notwithstanding any thing contained in the herein- therein. before recited Act passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third to the contrary thereof,

the Fees arising therefrom shall, unless voluntarily relinquished Apportionby them or either of them, belong to the Incumbent and Clerk ment of Fees. respectively of the Parishes out of which such consolidated Chapelry shall have been formed, under the Provisions of this Act, during their respective Incumbencies, or during the Time the Clerk shall retain his Situation; and the Incumbent of such consolidated Chapelry formed under this Act shall keep an Account of the Fees so received, and shall every Year pay over the same to such Incumbents and Clerks respectively who would have been entitled to them if such consolidated Chapelry had not been formed; and after the next Avoidance of such respective Incumbencies, and after the Situations of such respective Clerks shall have become vacant, such Fees shall belong and be paid to the Incumbent of such consolidated Chapelry and the Clerk of the Church thereof.

XI. And be it enacted, That where the Church of such con- Pew Rents may solidated Chapelry shall have been built wholly or in part by be fixed for the means of the Funds placed by Parliament at the Disposal of Her Minister and Majesty's said Commissioners, it shall be lawful for them, with the consolidated Consent of the Bishop of the Diocese, to apply the Provisions Chapelry, if

M m 4

contained

Clerk of any

Money granted contained in the herein-before recited Acts passed in the Fiftyfor its Erection. eighth and Fifty-ninth Years of the Reign of His late Majesty King George the Third, touching the Reservation of Pew Rents, and the Assignment thereout of a Stipend to the Minister and a Salary to the Clerk, to the Church of any such consolidated Chapelry, and to the Incumbent and Clerk thereof.

Commissioners

may in certain

Cases make
Grants in aid

such consoli

XII. And be it enacted, That it shall be lawful for Her Majesty's said Commissioners to make a Grant out of the available Monies in their Hands for or towards the Erection of new of the Erection Churches in aid of the Erection of any new Church intended to of a Church for be made the Church of any consolidated Chapelry, although the Population of the Parish or extra-parochial Place in which such dated Chapelry. Church will be situate may not amount to Four thousand Persons and upwards, and although there may be Church Accommodation for more than One Fourth of the Inhabitants of such Parish or extra-parochial Place, provided that the consolidated Chapelry to be formed under the Provisions of this Act shall contain a Population of at least Four thousand Persons, with Church Accommodation therein for not more than One Fourth of the Inhabitants thereof.

How the Free

Churches, &c. shall vest.

XIII. And be it enacted, That in all Cases the Freehold of hold of Sites for the Site of every Church of which Her Majesty's said Commis sioners may have accepted or shall accept a Conveyance under the Provisions of the herein-before recited Acts or any of them (as to any Church not yet consecrated, when the same shall be consecrated,) shall vest in the Incumbent for the Time being of such Church; and the Freehold of every Burial Ground of which the said Commissioners may have accepted or shall accept a Conveyance under the Provisions of the herein-before recited Acts or any of them shall, after the same shall have been consecrated. vest in the Incumbent for the Time being of the Church to which such Burial Ground shall belong, or if there shall be no such Incumbent, then in such Body or Person as the said Commis sioners may, with Consent of the Bishop of the Diocese, in such special Case direct, until there shall be an Incumbent, and from and after that Time then in such Incumbent, for the Use of the Inhabitants of the Place for which such Burial Ground was acquired; and the Freehold of any House, Garden, and Appurtenances, and Land for the Residence and Glebe of the Spiritual Person serving any Church, of which the said Commissioners may have accepted or shall hereafter accept a Conveyance, under the Provisions of the herein-before recited Acts or any of them, shall vest in the Incumbent or Minister of such Church for the Time being; provided that nothing in this Act contained shall authorize the Interment of any Person under any Church.

Land obtained for a Burial Ground for

any Parish may be declared by the Commis

sioners Part of such Parish for

that Purpose, although not within the

XIV. · And whereas it is by the said herein-before recited Act, 'passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, enacted, that where the said Commis sioners should make a Grant in aid of purchasing Cemeteries "not within the Bounds of the Parish for which the same should be provided, such Cemeteries should, after Consecration, be deemed Part of the Parish for the Use of which they should have been purchased or provided: And whereas it is expedient that the said Commissioners should have the Power of declaring

• that

or

Parish.

⚫ that such Land as shall be approved of by them for the Purpose Bounds of such of a new or additional Burial Ground or Burial Grounds should ⚫ be deemed Part of the Parish or Parishes for the Use of which 'they shall have been provided, although not within the Bounds of such Parish or Parishes, and whether any Grant in aid of the 'Purchase of such Land shall have been made or not by the ⚫ said Commissioners;' be it therefore enacted, That where any Land shall have been purchased or obtained for any new additional Burial Ground not within the Bounds of the Parish or Parishes for the Use of which the same shall have been so purchased or obtained, it shall be lawful for the said Commissioners, if they shall think fit, in accepting a Conveyance of such Land for the Purposes aforesaid, under the Provisions of the herein-before recited Acts or any of them, to declare in such Conveyance, or by any other Instrument under their Common Seal, that such Land shall, after the Consecration thereof for the Purposes aforesaid, be and be deemed to be Part of the Parish or Parishes for the Use of which such Land shall have been so purchased or obtained, and, after Consecration, such Land shall be Part of such Parish or Parishes accordingly for the Purposes aforesaid.

Resignation to operate as Avoidance of

Church of original Parish.

XV. And be it enacted, That when any District Parish has Church of a been or shall hereafter be formed, under the Provisions of the District Parish herein-before recited Act passed in the Fifty-eighth Year of the may be resigned Reign of His late Majesty King George the Third, it shall be by Incumbent of original lawful for the Incumbent of the Parish out of which such Dis- Parish; such trict Parish shall have been formed to resign voluntarily, with the Consent of the Bishop of the Diocese, the Church of such District Parish, and such Resignation shall have the same Effect as the Avoidance or Resignation of the Parish Church, with respect to the Performance of the Offices of the Church in the Church of such District Parish; and thereupon such District Parish, and the Church thereof, shall be a Perpetual Curacy and Benefice, and shall be subject to the same Laws as are in force with respect to District Parishes where an Avoidance or Resignation of the Church of the original Parish shall have taken place. XVI. And be it enacted, That, any thing in the herein-before recited Act passed in the Third and Fourth Year of Her present Majesty to the contrary notwithstanding, it shall be lawful for Her Majesty's said Commissioners at any Time to alter the Five Years may Boundaries of a distinct and separate Parish, District Parish, not have elapsed District Chapelry, or consolidated Chapelry, although Five Years since Parishes, may not have elapsed since the Description of such Boundaries &c. were has been enrolled in the High Court of Chancery, or registered formed. in the Registry of the Diocese; provided that such Alteration of Boundaries shall be subject to the same Provisions, except as herein excepted, as are contained relative thereto in the hereinbefore recited Acts.

Boundaries of new Parishes,

&c. may be altered although

District Chapelry and Church aug

XVII. And be it enacted, any thing in the herein-before recited Church of a Acts or any of them to the contrary notwithstanding, That the Church of any District Chapelry formed or to be hereafter formed under the Provisions thereof, although such Church may not have been augmented by the Governors of the Bounty of Queen Anne, Ecclesiastical Church now or hereafter to be augmented by any

and also

any

mented by the

Commissioners

Order for England

to be a Per

petual Curacy,

and Minister a Perpetual Cnrate.

Order of Her Majesty in Council ratifying any Scheme of the Ecclesiastical Commissioners for England, and with a District Chapelry assigned thereto, shall be and is hereby declared to be a Perpetual Curacy and Benefice, and the Licence thereto shall operate in the same Manner as Institution to any Benefice, and the Minister duly nominated and licensed thereto, and his Successors, shall not be a Stipendiary Curate, but shall be and be esteemed in Law to be a Perpetual Curate, and Body Politic and Corporate, with perpetual Succession, and he and his Successors may receive, take, and hold to himself and themselves all such Lands, Tithes, and Rent-charges as shall be granted unto or purchased for him or them by the said Ecclesiastical Commissioners for England, or otherwise, in the same Manner as any other Incumbent is by Law entitled to do; and such Perpetual Curate shall thenceforth have, within and over the District Chapelry so assigned, sole and exclusive Cure of Souls, and shall not be in anywise subject to the Control or Interference of the Rector, Vicar, or Minister of the Parish or Place from which such District Chapelry shall have been taken, any Law or Statute to the contrary notwithstanding, save and except as to any Easter Dues and Offerings which would not belong to the Perpetual Curate of such District Chapelry if this Act had not been passed, and save and except also as to the Fees, if any, reserved to the said Incumbent on the Assignment of such District Chapelry, which shall still continue to belong to and shall be paid over to him by the Perpetual Curate of such District Chapelry according to such Reservation: Provided always, that nothing herein contained shall alter or affect the Right of Nomination or Appoint ment belonging or hereafter to belong to any Corporate Body or Person in respect to the Church of any such District Chapelry. Licence of Mi. XVIII. And be it enacted, That the Licence of the Minister nister of a new appointed to serve a new Church (without a District) already or to Church not void be hereafter built, wholly or in part, by means of any Monies at by Avoidance of the Disposal of Her Majesty's said Commissioners, under the unless revoked Provisions of the herein-before recited Acts or any of them, shall by Bishop. not be rendered void by reason of the Avoidance of the Parish Church of the Parish in which such new Church is situate, unless such Licence shall be revoked by the Archbishop or Bishop who may have granted the same, or by the Successor of such Archbishop or Bishop.

Parish Church,

The Purchase Money of Lands sold under Provi

sions of recited Acts need not be paid into Bank of Eng. land but may be paid to Trustees.

XIX. And be it enacted, That, any thing in the herein-before recited Acts or any of them to the contrary notwithstanding, it shall not be necessary to pay into the Bank of England any Sums of Money to be paid for any Lands or Hereditaments 'to be pur chased or acquired by virtue of such Acts or any of them, although the same may amount to or exceed Two hundred Pounds (unless Her Majesty's said Commissioners shall require such Sums to be paid into such Bank), but the same may be invested in the Names of Trustees, as in the said Act is provided in the Cases when the Amount thereof shall be under the Sum of Two hundred Pounds; and in any Declaration of Trust to be made of any such Monies the said Commissioners may make such special Provisions for the Investment of such Monies, and the Appointment of new Trustees thereof, or otherwise, as they shall think fit.

XX. And