Imatges de pàgina
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7&8 G. 4. c. 72.

7 W. 4. &

I Vict. c. 75.

1 G. 1. c. 10.

1&2 Vict.c.106.

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' said Majesty King George the Fourth, intituled An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the First and Second Years of the Reign of His late 1 & 2 W.4.c.38. Majesty King William the Fourth, intituled An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled · An Act to amend 'the Acts for building and promoting the building of additional 2&3 W.4.c.61. Churches in populous Parishes:' And whereas another Act was 'passed in the Second and Third Years of the Reign of His said late Majesty, to render more effectual the aforesaid Act passed in the Fifty-ninth Year of the Reign of His Majesty King George the Third: And whereas another Act was passed in the First Year of the Reign of Her present Majesty Queen Victoria, inti'tuled An Act to prolong for Ten Years Her Majesty's Commis'sion for building new Churches: And whereas another Act was passed in the First and Second Years of the Reign of Her said 1&2 Vict.c.107. Majesty Queen Victoria, intituled An Act to amend and render more effectual the Church Building Acts: And whereas another Act was passed in the First Year of the Reign of His Majesty King George the First, intituled An Act for making more effec'tual Her late Majesty's gracious Intention for augmenting the • Maintenance of the poor Clergy: And whereas another Act was 'passed in the First and Second Years of the Reign of Her said Majesty Queen Victoria, intituled An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy: And whereas it is expedient to explain and amend some of the Provisions of the said several recited Acts: 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 same, That so much of the said recited Act passed in the Fifty-ninth Year of the Reign of 59 G. 3. c. 134. His said Majesty King George the Third as provides that no District Chapelry assigned to any Chapel of Ease or Parochial Chapel then already existing, or to any Chapel built or which might thereafter be built or acquired under the Powers of the said recited Act passed in the Fifty-ninth Year of the Reign of His said Majesty King George the Third, or the herein-before recited Act passed in the Fifty-eighth Year of the Reign of His said Majesty King George the Third, should become a Benefice by reason of any Augmentation of the Maintenance of the Curate by any Grant or Bounty under the Provisions of any Act or Acts of Parliament, or Law or Laws, for augmenting small Livings, shall be and the same is hereby repealed; and that so much of the said recited Act passed in the First Year of the Reign of His Majesty King George the First as provides that no Rector or Vicar of any Mother Church, or any other Ecclesiastical Person or Persons having Cure of Souls within the Parish or Place where a Church or Chapel augmented by the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the poor Clergy shall be situate, or his or their Successors, should by virtue of that Act be divested or discharged from the same, but that the Cure of Souls, with all other Parochial Rights and Duties (such Augmen

Repeal of certain Part of

as relates to cer

tain District Chapelries, and of certain

Part of 1 G. 1. c. 10. as relates

to certain Incumbents.

8

tation

tation and Allowance to the augmented Church or Chapel as aforesaid only excepted), should thereafter be and remain in the same State, Plight, and Manner as before the making of that Act, shall be and the same is hereby repealed, with respect only to those Churches or Chapels which have been already or hereafter may be augmented, and for or to which District Chapelries may have already been or may hereafter be assigned, under the Provisions of the herein-before recited Act passed in the Fifty-ninth Year of the Reign of His said Majesty George the Third: Provided always, that unless and until such District Chapelry be assigned the said Provision shall remain in full Force and Effect as if this Act had not been passed.

II. And be it further enacted, That in the Case of any Church or Chapel which has already been or hereafter may be augmented by the said Governors of the Bounty of Queen Anne, and for or to which any District Chapelry has already been or hereafter may be assigned, whether before or after such Augmentation under the Provisions of the said recited Acts or some of them, such Church or Chapel, from and after such Augmentation, and the Assignment of such District Chapelry, shall be and is hereby declared to be a Perpetual Curacy and Benefice, and the Minister duly nominated and licensed thereto, and his Successors, shall not be a Stipendiary Curate, but shall be and esteemed in Law to be a Perpetual Curate, and a Body Politic and Corporate, with perpetual Succession, and may receive and take to himself and his Successors all such Lands, Tenements, Tithes, Rent-charges, and Hereditaments as shall be granted unto or purchased for him or them by the said Governors of the Bounty of Queen Anne, or otherwise; and such Perpetual Curate shall thenceforth have within the District Chapelry so assigned as aforesaid 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.

III. And be it further declared and enacted, That it shall be lawful for the said Commissioners for building new Churches to assign a District Chapelry to any Church or Chapel, with such Consent as is required by the Acts of the Fifty-eighth and Fiftyninth Years of His said Majesty King George the Third, respectively herein-before recited, or One of them, in the Manner specified and directed in and by such several Acts; and it shall be lawful for the said Governors of the Bounty of Queen Anne to augment such Church or Chapel, either before or after such District Chapelry has been formed or assigned, on the same Terms, Conditions, and Regulations as are or may be in force concerning such Augmentation.

IV. And be it further enacted, That every such Church or Chapel so augmented to which a District Chapelry shall have been assigned as aforesaid shall be subject to the Provisions and Regulations contained in the herein-before recited Act of the Fiftyninth Year of the Reign of His said Majesty King George the Third, touching the Assignment of District Chapelries, except so far as is by this Act otherwise provided.

V. Pro

Any augmented
Church or
Chapel having a

District to be a Perpetual

Curacy, and the Minister to be an Incumbent, with perpetual Succession, &c.

Commissioners may assign Districts under and Governors of Q. Anne's Bounty may augment the Churches, &c.

58 & 59 G. 3.,

Such Augmentations subject visions of

to certain Pro

59 G. 3. c. 134.

Certain Provisions of

1 G. 1. c. 10.
as to augmented
Churches, &c.
not affected.

For extending

the Provisions in 1&2 Vict. c. 106. for annexing isolated Places to the contiguous Parishes, or making them separate Benefices.

V. Provided always, and be it further enacted, That nothing herein contained shall alter or affect the Provisions of the hereinbefore recited Act passed in the First Year of the Reign of His Majesty King George the First, which enact that all Churches, Curacies, or Chapels which should at any Time thereafter be augmented by the said Governors of the Bounty of Queen Anne should be Perpetual Cures and Benefices, and that the Ministers duly nominated and licensed thereto, and their Successors respectively, should be Bodies Politic and Corporate, with perpetual Succession, and other Privileges and Capacities in the said Act mentioned, but that the same shall remain in full Force and Effect as if this Act had not been passed.

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VI. And whereas by virtue of the said Act passed in the First and Second Years of the Reign of Her present Majesty, intituled An Act to abridge the holding of Benefices in Plurality, and to 'make better Provision for the Residence of the Clergy, it is amongst other things enacted, that when with respect to his own 'Diocese it should appear to the Archbishop of the Province, or when the Bishop of any Diocese should represent to the said Archbishop, that any Tithing, Hamlet, Chapelry, Place, or District within the Diocese of such Archbishop, or the Diocese of such Bishop, (as the Case might be,) might be advantageously separated from any Parish or Mother Church, and either be con'stituted a separate Benefice by itself or be united to any other • Parish to which it might be more conveniently annexed, or to any other adjoining Tithing, Hamlet, Chapelry, Place, or District, 'parochial or extra-parochial, so as to form a separate Parish or Benefice, or that any extra-parochial Place might with Advantage be annexed to any Parish to which it is contiguous, or be 'constituted a separate Parish for Ecclesiastical Purposes; and the 'said Archbishop or Bishop should draw up a Scheme in Writing (the Scheme of such Bishop to be transmitted to the said Archbishop for his Consideration) describing the Mode in which it appeared to him that the Alteration might best be effected, and how the Changes consequent on such Alteration in respect to Ecclesiastical Jurisdiction, Glebe Lands, Tithes, Rent-charges, and other Ecclesiastical Dues, Rates, and Payments, and in respect to Patronage and Rights to Pews, might be made, with Justice to all Parties interested; and if the Patron or Patrons of the Benefice or Benefices to be affected by such Alteration should consent, in Writing under his or their Hands, to such Scheme, or to such Modification thereof as the said Archbishop might approve, and the said Archbishop should, on full Consideration and Inquiry, be satisfied with any such Scheme or Modification thereof, and should certify the same and such Consent as aforesaid by his Report to Her Majesty in Council, it should be lawful for Her Majesty in Council to make an Order for carrying such Scheme or Modification thereof, as the Case might be, into effect; and such Order, being registered in the Registry of the Diocese, which the Registrar was thereby required to do, should be forthwith binding on all Persons whatsoever, including the Incumbent or Incumbents of the Benefice or Benefices to be 'affected thereby, if he or they should have consented thereto in Writing under his or their Hands; but if such Incumbent or • Incumbents

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Incumbents should not have so consented thereto, the Order should not come into operation until the next Avoidance of the Benefice by the Incumbent objecting to the Alteration, or by the surviving Incumbent objecting, if more than One should object thereto, and in such Case the Order should forthwith after such Avoidance become binding on all Persons whatsoever: And 'whereas it is expedient that the said Provisions should be extended 'to Cases notwithstanding the Vacancy or Vacancies of the Bene'fice or Benefices thereby to be affected; and also that when by 'such Order a separate Parish for Ecclesiastical Purposes is con'stituted, the same should become a Perpetual Curacy and Bene'fice, with Cure of Souls;' be it therefore enacted, That any such Scheme or Modification may be drawn up according to the Regulations and Directions in such Act contained, subject to the Consent in Writing of the Patron or Patrons of the Benefice or Benefices to be affected thereby, under his or their Hands, notwithstanding the Vacancy of such Benefice or Benefices; and it shall be lawful for Her Majesty in Council thereupon to make an Order for carrying such Scheme, or Modification thereof, as the Case may be, into effect; and such Order, being registered in the Registry of the Diocese as directed by the said Act, shall come into operation and shall be forthwith binding on all Persons whatsoever, notwithstanding such Vacancy or Vacancies.

Patrons.

VII. And be it further enacted, That the Provisions contained Who are to be in the said last-recited Act touching the Party or Parties who shall considered be considered Patron or Patrons, and the Manner in which the Consent of the Patrons shall in certain Cases be given, for the Purposes of such Act, shall apply to the Consent of the Patron or Patrons herein-before last required to be given.

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VIII. And be it further enacted, That when by any Order of Her Majesty in Council as aforesaid, a separate Parish for Ecclesiastical Purposes is constituted, the same shall, on Registration thereof, and with the Consent in Writing of the Incumbent or Incumbents of the Benefice or Benefices to be thereby affected, become a Perpetual Curacy and Benefice, and the Minister thereof, duly nominated and licensed thereto, and his Successors, shall be a Body Politic and Corporate, with perpetual Succession, and receive and take to himself and his Successors all such Lands, Tenements, Tithes, Rent-charges, and Hereditaments as shall be granted unto him or them, and such Perpetual Curate shall thenceforth have, within the Limits of the District Parish formed under the Church Building Acts for the Church of such Perpetual Curacy, sole and exclusive Cure of Souls, and shall not in anywise be subject to the Control or Interference of the Incumbent or Incumbents of the Benefice or Benefices to be affected by such Order, if he or they shall have consented to such Order as aforesaid; but if such Incumbent or Incumbents shall not have so consented thereto, this last-mentioned Provision shall not come into operation until the next Avoidance of the Benefice by the Incumbent objecting thereto, or by the surviving Incumbent objecting, if more than One shall object thereto, and in such Case the last-mentioned Provision shall forthwith after such Avoidance come into operation, and shall be binding on all Persons whatsoever.

2 & 3 VICT.

X

IX. And

Where a separate Parish is constituted by

Order in Council, the same

shall be a Perpetual Curacy with Cure of Souls.

Limiting the

Provisions in

1&2 Vict. c. 107. giving certain Powers to the

Commissioners for building new Churches.

Minister of a

District Church or Chapel to have exclusive Cure of Souls within such District.

For removing
Doubts as to
the Extent and
Meaning of

1 & 2 Vict. c. 107. s. 13.

Governors of

Queen Anne's Bounty may accept Endow

ments for

Churches and

IX. And be it further enacted, That the Powers granted by the herein-before recited Act passed in the First and Second Years of the Reign of Her present Majesty (Chapter One hundred and seven) to Her Majesty's Commissioners for building new Churches, of making, with certain Consents, any Church or Chapel the Parish Church of the Parish within which the same is situate, instead of the ancient Parish Church, and of making such ancient Parish Church a District Church or Chapel, with or without a District, as the said Commissioners shall in such Case direct, shall not extend or be construed to extend to making any Church or Chapel now or hereafter to be built and endowed under the Powers of the last-mentioned Act, or the herein-before recited Act passed in the First and Second Years of the Reign of His late Majesty King William the Fourth, the Parish Church, nor to the making any Church or Chapel the Parish Church as aforesaid, the Advowson, Right of Presentation, or Nomination of or to which shall belong to any other Person or Persons than to the Patron of such ancient Parish Church, without the Consent in Writing under the Hands of the Patron or Patrons and of the Incumbent or Minister of any such Church or Chapel herein mentioned.

X. And be it further enacted, That where a Church or Chapel has been built or purchased and endowed and the Patronage thereof granted under the Provisions of the herein-before recited Acts of the First and Second Years of the Reign of His said Majesty King William the Fourth and of the First and Second Years of the Reign of Her present Majesty, Chapter One hundred and seven, or either of them, and where a particular District has been assigned to such Church or Chapel under the Provisions of such first-named Act, the Minister or Perpetual Curate of such Church or Chapel shall have exclusive Cure of Souls within such District, and shall not be in anywise subject to the Control or Interference of the Rector, Vicar, or Minister of the Mother Church of the Parish or Place out of which such District shall have been taken, any Statute or Law to the contrary thereof notwithstanding.

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XI. And whereas it is by the said recited Act passed in the First and Second Years of the Reign of Her present Majesty, Chapter One hundred and seven, enacted, that in all District Churches and District Chapelries the Licence of the Stipendiary 'Curate appointed to serve the Chapel of such Chapelry shall not ‹ be rendered void by the Avoidance of the Church of the Parish or District Parish in which such Chapel is situate, unless the same shall be revoked by the Bishop of the Diocese under his Hand and Seal: And whereas Doubts exist as to the Extent and Meaning of such Provision;' be it therefore enacted and declared, That the same shall apply to the Licence of the Stipendiary Curate of a District Chapelry and to the Licence of the Stipendiary Curate of a District Parish Church.

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XII. And whereas it is expedient to make Provision for the more permanent Security of the Endowments and Emoluments which shall have been or may hereafter be provided for the Use or Benefit of any Church or Chapel whether built, acquired, or appropriated, or to be built, acquired, or appropriated under 'the

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