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and pews of the church or chapel for which they shall be appointed, to Yo. I. enter upon and sell the same, or else to sue for and recover the same 1 & 2 W. 4, by action or actions for such rents, in the names of The churchwar
c. 38. dens of the church or chapel of” (describing the same), as the case shall or may require, without specifying the christian or surname of such churchwardens; and no such action shall abate by reason of the death or removal or going out of office of any such churchwarden.
XVII. That from and after the expiration of five years after the Property contransfer or conveyance of any messuages, lands, grounds, tenements, veyed for the or hereditaments to any person or persons, as a site for any church or site of any chapel, or any church or chapel yard or cemetery, under the provisions church under of this act, the said messuages, lands, grounds, tenements, or heredita- this act not to ments shall become and be and remain absolutely vested in the person be subject to or persons to whom the same are conveyed, his, her, or their heirs and question after assigns: Provided that any person to whom any messuages, lands, five years. grounds, tenements, or hereditaments shall have been conveyed for the purposes of this act shall, within two months after any judgment in ejectment shall have been obtained against him for such messuages, lands, grounds, tenements, or hereditaments, tender or pay to the lessor of the plaintiff in such ejectment his costs on such ejectment, and such sum of money as a jury shall in the manner herein-after mentioned find to have been the value of the said messuages, lands, grounds, tenements, or hereditaments, at the time when such messuages, lands, grounds, tenements, or hereditaments were conveyed for the purposes of this act.
XVIII. That the jury who shall try any ejectment brought for the The jury who recovery of any messuages, lands, grounds, tenements, or heredita- shall try any ments which have been conveyed for the purposes of this act, or if judg- ejectment, or a ment on ejectment shall have been obtained by default, or for not con- jury under a fessing lease, entry, and ouster, a jury under a writ of enquiry (which writ of enquiry, writ of enquiry the court in which such action shall be brought is shall ascertain
the value of hereby empowered to issue) shall ascertain the value of such messuages, lands, grounds, tenements, or hereditaments at the time when they were conveyed for the purposes of this act; and the value so found shall be indorsed by the judge who tried the ejectment on the postea, or shall be returned to the court by the sheriff or under sheriff or other person before whom any writ of enquiry shall be executed under this act, in the same manner as other inquests are returned on writs of enquiry.
XIX. That the common seal of the said commissioners shall be affixed Nominations to every instrument declaring the right of nomination to such church or to be sealed chapel, in all such cases as shall come before the said commissioners; and registered. and that every instrument shall be registered in the registry of the bishop of the diocese within which such church or chapel shall be locally situated.
XX. That where any deed or deeds shall have been sealed before the Declaring the passing of this act with the seal of the said commissioners, for the pur- validity of pose of declaring the right of nominating a minister to any chapel or deeds sealed chapels endowed to the satisfaction of the said commissioners, every before the such chapel shall be deemed to have been lawfully built, and every such passing of this deed shall be deemed and the same is hereby declared to be and to have act. been from the day of the date thereof valid for the purpose of declaring and vesting the right of nominating the minister to such chapel, and for effectuating the other objects of the said deed.
XXI. And whereas the said commissioners acting under the powers Powers of act of the said recited act of the fifty-ninth year of the reign of King George 59 G. 3. exthe Third have executed deeds or instruments for the purpose of dis- tended to charging subscribers towards building churches or chapels, and also sons subsubscribers towards purchasing sites on which churches or chapels seribing have been built, from the payınent of pew rents in such churches or towards purchapels : and whereas doubts' have arisen whether the powers of the chasing sites said act extend to cases of persons subscribing towards purchasing sites for churches for churches or chapels; be it enacted, That it shall be lawful for the or chapels.
No. I. said commissioners, in any case in which they shall deem it expedient, 1 & 2 W. 4, to make and execute any deed or instrument, or to confirm any deed or c. 38.
instrument already made by them, discharging any person or persons subscribing towards either of the purposes aforesaid, either wholly or in part from the payment of pew rents in the said church or chapel for the term or period and in the manner in the said act mentioned; and all such deeds or instruments, whether hereafter to be made or already made, and afterwards confirmed in pursuance of the power hereby given, shall, as from the date and execution of such deed or instrument, be good and valid to all intents and purposes whatsoever ; any thing in
the said recited acts or any of them to the contrary notwithstanding. Churches may XXII. That it shall be lawful for the said commissioners, if they shall be subjected to think fit, in all such cases as shall come before the said commissioners, provi-ions of to order and direct that such church or chapel shall be subject to all recited acts the provisions of the said recited acts or this act as to apportionment of as to pews.
accommodation in pews and free sittings, and as to pew rents. If any person
XXIII. And whereas in certain parishes of large extent there exist is willing chapels of ease at a considerable distance from the parish church, to endow a having chapelries, townships, or districts belonging or supposed to chapel of belong thereto; be it therefore enacted, that when any person or persons ease, it may
shall be willing to endow any such chapel with such a provision, sebe separated from the
cured upon land, money in the funds, tithes, or other hereditaments, as parish church,
shall in the opinion of the bishop of the diocese be sufficient to ensure a and made a dis- competent stipend to the minister of such chapel, it shall be lawful for tinct parish.
the bishop, with the consent of the patron and incumbent of the parish, by writing under his hand and seal, to declare that such chapel, when so endowed, shall thenceforth be separate from and independent of the parish church, and that the chapelry, township, or district belonging or supposed to belong thereto shall be thenceforth a separate and distinct
parish for all spiritual purposes. As to the
XXIV. That it shall be lawful for the patron, with consent of the future right of incumbent, to make any agreement with the bishop of the diocese nomination to such chapel.
touching the future right of nominating a minister to such chapel, such agreement in writing to be signed and sealed by the bishop, patron, and incumbent; and that the right of nominating a minister to such chapel shall for ever thereafter be exercised according to the terms of such agreement: Provided always, that if the incumbent of any parish wherein such chapel of ease is situate shall refuse his consent to such separation or agreement, then the declaration of separation, and the deed of agreement touching the right of nominating a minister to such chapel, when signed and sealed by the bishop and patron, shall be good and valid in law, and shall take effect immediately after the next avoidance of the parish church, and not before ; and every declaration of separation, and every deed of agreement, made under the provisions of
this act, shall be registered in the registry of the diocese. Church
XXV. That two fit and proper persons shall be chosen yearly at the wardens to be chosen
usual time of choosing parish officers, out of the inhabitants of such for such new
new parish so constituted, being members of the established church, to parish. act as churchwardens of the said parish, one to be chosen by the
minister, and one by the persons exercising the powers of vestry in the said new parish ; and the persons so chosen shall be duly admitted and sworn, and shall do all things pertaining to the office of churchwardens, as to ecclesiastical matters, in the said new parish, in like manner as though the same had been of old time a separate and distinct
parish. Consent of XXVI. That in all cases wherein the consent of the patron is required, patrons. under the provisions of this act or of any of the acts herein-before
recited, the consent of bishops, deans, and chapters, or other ecclesiastical corporations or colleges, acting as patrons of benefices in right of their bishoprics, dignities, or corporate capacities, shall be as good and valid, for all the purposes of the said acts, as though such consent had been given by a patron in fee simple.
XXVII. That nothing in this act contained shall extend or be con- No. I. strued to extend to repeal, alter, vary, or affect any powers, authorities, 1& 2 W. 4, clauses, or provisions contained in any act or acts passed relating to
c. 38. any particular parish or place, so far as relates to any church or chapel already built, unless with the consent of the patron and incumbent and Act not to of the select vestry or persons exercising the powers of vestry in such affect any parish or place, or contained in any deed or deeds of trust executed local act with under the sanction of the bishop of any diocese, for the regulation of respect to any church or chapel already built.
ready built, unless with the consent of the patron. XXVIII. That all the provisions of this act shall extend and be Act to extend construed to extend to the Isle of Man, and to the islands of Guernsey, to the Isle of Jersey, Alderney, and Sark.
[No. II.] 2 & 3 W. IV, c. 61.-An Act to render more
effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes.
[11th July 1832.] WHEREAS an act was passed in the fifty-ninth year of the reign 59 G. 3, c. 134.
of his late Majesty King George the third, intituled An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous parishes, whereby it is (amongst other things) enacted, that it should be lawful for the commissioners appointed for the execution of the thereinrecited act, with certain consents in the now-reciting act mentioned or referred to, to unite and consolidate contiguous parts of parishes and extra-parochial places into a separate and distinct district for all ecclesiastical purposes, and to make grants or loans towards the building of any chapel or chapels in any such district, and to constitute any such district a consolidated chapelry; and that all such chapelries should be deemed to be benefices, and be subject to the jurisdiction of the bishop and archdeacon within whose diocese and archdeaconry the altar of such chapel should be locally situate: and whereas doubts have arisen touching such jurisdiction in the case of chapels or districts situated wholly or in part within exempt or peculiar jurisdictions; be it therefore enacted by the King'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 same, that every such chapel and district, whether situated wholly or in part Chapels within any exempt or peculiar jurisdiction, shall be subject to the juris- within exdiction of the bishop and archdeacon within the limits of whose diocese emptor and archdeaconry the altar of any such chapel shall be locally situate, peculiar jurisin as full and ample a manner as it would be if no part of such chapelry
dictions to be were within some exempt or peculiar jurisdiction; and in every such subject to the case all other ecclesiastical jurisdiction over the said chapel and chapelry whose diocese shall wholly cease, and no other such jurisdiction shall be exercised in the altar is lcthe said chapelry, save and except the jurisdiction of the bishop and cally situate. archdeacon as aforesaid ; any law, usage, or custom to the contrary notwithstanding
As to marriages solemnized in churches built under 59 Geo. 3, c 134. (See 11 G. 4, c. 18, s. 3, post Class III.]
[No. III.] 3 & 4 W. 4, c. 30.-An Act to exempt from 3 & 4 W. 4,
Poor and Church Rates all Churches, Chapels, and other c. 30. Places of Religious Worship.
[24th July 1833.] WHEREAS it is expedient that churches, chapels, and other places
exclusively appropriated to public religious worship should be exempt from the payment of poor and church rates: Be it therefore enacted &c.,
That from after the first day of October one thousand eight hundred and liable to be thirty-three no person or persons shall be rated or shall be liable to be rated for rated, or to pay to any church or poor rates or cesses, for or in respect of places exclu. any churches, district churches, chapels, meeting houses, or premises, sively appro- or such part thereof as shall be exclusively appropriated to public repriated to pub- ligious worship, and which (other than churches, district churches, and fic religious
episcopal chapels of the established church) shall be duly certified worship.
for the performance of such religious worship according to the provision of act or acts now in force : Provided always, that no person or
any Proviso respecting places persons shall be hereby exempted from any such rates or cesses for or not so exclu
in respect of any parts of such churches, district churches, chapels, sively ap
meeting houses, or other premises which are not so exclusively appropropriated.
priated, and from which parts not so exclusively appropriated such person or persons shall receive any rent or rents, or shall derive profit
or advantage. Persons not II. Provided always, and be it enacted, That no person or persons liable to rates shall be liable to any such rates or cesses because the said churches, because part of district churches, chapels, meeting houses, or other premises, or any premises may vestry rooms belonging thereto, or any part thereof, may be used for be used for
Sunday or infant schools, or for the charitable education of the poor. schools.
[No. IV.] 5 & 6 W. 4, c. 30.-An Act for protecting the
Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales.
[21st August 1835.] WHEREAS his Majesty was pleased, on the fourth day of February
last, to issue a commission to certain persons therein named for considering the state of the established church in England and Wales with reference to ecclesiastical duties and revenues, which commission has since been renewed, and such renewed commission is now in force, and the inquiries thereby directed are now in progress, and some time must elapse before the same can be brought to a termination : And whereas his Majesty has been graciously pleased to signify, that, in order to promote the important objects of the said commission, it is his Majesty's intention to defer any nomination to any vacant dignity, prebend, canonry, or benefice without cure of souls which may be in the patronage of the crown until the circumstances connected therewith shall have undergone the consideration of the said commissioners; and the two archbishops, and divers of the bishops of England and Wales, have declared their intention of pursuing the same course with regard to similar preferments in their respective patronage (excepting only the dignity of archdeacon), and a similar declaration has been made by certain other patrons : And whereas several dignities, prebends, canonries, and benefices without cure of souls have become vacant since the said fourth day of February last, and others may become vacant pending the said inquiries now in progress; and it is expedient that the same should remain vacant until it shall be decided in what mode they can be disposed of so as to be made most conducive to the efficiency of the established church ; and with that view it is necessary to provide that due care be taken of the revenues of such dignities, prebends, canonries,
and benefices, and that the right of presentation or collation thereto shall No. IV. not lapse by reason of delay in such presentation or collation: Be it 5 & 6 W. 4, therefore enacted, &c., That where any dignity, prebend, canonry, or
c. 30. benefice without cure of souls, being in the patronage of his Majesty, or of any archbishop, bishop, or other patron in England or Wales, has Profits of digbecome vacant since the said fourth day of February last, or shall become nities or benevacant during the existence of the said commission now in force, or of fices without any renewal thereof, all profits and emoluments which have arisen or cure of souls acerued, and which shall arise and accrue, from every such vacant dig- becoming va. nity, prebend, canonry, or benefice, until a successor shall have been cant during the
existence of appointed thereto, whether from houses, lands, tithes, or hereditaments
II. That such treasurer shall keep an account of all sums received by Treasurer to
III. Provided always, That nothing in this act contained shall apply Excepting such
appropriated. IV. Provided also, That nothing in this act contained shall prevent Not to prevent his Majesty, or any archbishop, bishop, or other patron of any dignity, patrons from prebend, canonry, or benefice without cure of souls, which may have or appointing, if' hereafter shall become vacant, from appointing a successor thereto in they think procase he shall think proper to do so.
per to do so. V. That where any benefice with cure of souls, being in the patronage of Providing for the holder or incumbent of any such dignity, prebend, canonry, or bene- the presentafice as aforesaid without cure of souls, shall have become, or shall become tion to benevacant during the vacancy of such last-mentioned dignity, prebend, ca- fices in the nonry, or benefice, the patron of such last-mentioned dignity, prebend, patronage of
such vacant canonry, or benefice shall be entitled to present to such benefice with cure of souls.
dignity, &c. VI. That the right of presentation or collation to any dignity, prebend, Right of precanonry, or benefice without cure of souls so become or becoming vacant sentation to as afores aid shall not, by reason of any delay in presenting or collating vacant dignity
or benefice not thereto, lapse to any bishop or archbishop, or to the
king's Majesty ;
to lapse. any law or custom to the contrary notwithstanding: Provided always, that the patron of such vacant dignity, prebend, canonry, or benefice Treasurer of shall within six months after the vacancy give notice thereof in writing Queen Anne's to the commissioners herein-before mentioned, who shall transmit a Bounty to
collect the profits of the vacant benefice, &c.