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CLASS

VI.

PART II. Provided always, that no church shall be so taken down and rebuilt, by means of any rates upon any parish, if such proNo. 3. portion of dissents as are in this Act specified in relation to Stat. 59 any application to build or to enlarge any church or chapel, G.3.c. 134. either wholly or in part, by means of rates, are signified

Commissioners may dis

parliamentary fees of

certain

Acts.

in writing in manner directed by this Act; and such church, when consecrated, shall be to all intents and purposes the parish church of such parish, for the celebration of divine offices, and the solemnization of marriages, according to the rites and ceremonies of the Church of England: Provided always, that one-half of the additional accommodation, which shall be obtained by the rebuilding such church, shall be set apart for free and open sittings: And provided also, that all persons enjoying any pews or sittings within such church, so to be taken down in virtue of any faculty or prescription, shall have a pew or pews, sitting or sittings, as near as may be in the same situation, and of like dimensions, allotted and set apart for them in such new church; and that all tomb-stones, monuments, and monumental inscriptions, in such church so to be taken down, shall be carefully preserved by the Church-wardens, and when the said church shall be rebuilt, on the same or a more convenient site, the said tomb-stones, monuments, and monumental inscriptions shall be set up by the said Church-wardens, at the charge of the parish, in such new church, as near as circumstances will admit, in the situations from whence they were removed in the said church so to be taken down.

XLI. And whereas particular and special circumstances may in certain cases render it necessary, for the more effeccharge the tual carrying into execution the beneficial purposes of this Act, in certain parishes, divisions of parishes, or extra-parochial places, that particular Acts of Parliament should be obtaining passed for such parishes, divisions, and places; be it therefore enacted, That it shall be lawful for the said Commissioners, in any such case in which they shall deem it proper, to pay or advance money for the payment of any fees which may become due and be payable in either house of Parliament in respect of the passing of any such Act or Acts of Parliament; and that such fees may be paid out of any money in the hands of the Commissioners, arising out Such Acts of any exchequer bills under the provisions of this Act; and that such Acts shall in all other respects be considered as public Acts.

to be

deemed public Acts.

Anno 3 GEO. IV. Cap. 72.

PART 11.
CLASS

VI.

No. 4.

Stat. 3
G. 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. [22d July 1822.] WHEREAS an Act passed in the fifty-eighth year of 58 G. 3. c. the reign of his late Majesty, intituled An Act for building 45. and promoting the building of additional Churches in populous parishes: And whereas another Act passed in the fifty-ninth year of the reign of his late Majesty, intituled An Act to amend and render more effectual an Act, passed 59 G. 3. c. in the last Session of Parliament, for building and promot-134. ing the building of additional Churches in populous parishes: And whereas it is expedient and necessary that some of the provisions of the said recited Acts should be amended, and other provisions thereof explained and enlarged, and that further and additional provisions should be made, for rendering the said two recited Acts more effectual: 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 it shall be lawful for the Ordnance Master General and principal officers of his Majesty's Ord- and other nance, and also for the Comptroller of the Barrack depart-public dement, and also for the principal officers of any other public and all cordepartment, having or holding any messuages or buildings, porations, or any lands, grounds, tenements, or hereditaments, for and may grant on behalf of his Majesty, for the public use of any such depart- lands, &c. ment, by any grant or conveyance, signed by the Master for sites for General or any two of the principal officers of the Ordnance &c. department; or 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 departments as aforesaid, and countersigned, as to all such last mentioned grants or conveyances, by any three or more of the Commissioners of his Majesty's Treasury of the united kingdom of Great Britain and Ireland; 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 controul, care or management of any hospitals, schools, charitable foundations, or other public institutions, by any grant or conveyance signed by or under the seal of such body or corporation repectively, to give,

messuages,

churches,

VI.

PART II. grant and convey any messuages, buildings, lands, grounds, CLASS tenements, or hereditaments respectively; and if any such No. 4. messuages, buildings, lands, grounds, tenements, hereditaStat. 3 ments respectively, shall be copyhold at the time of any such G. 4. c. 72. 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 No consi- 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.

deration required in such grants.

Grautors indemnified.

Forms of

grant or conveyance.

II. And be it further enacted, That 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, 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, viz.

I [or We, or the corporate title if a corporation] under the authority and for the purposes of an Act passed in the fifty-eighth year of the reign of his late Majesty, intituled "An Act for building and promoting the building of addi"tional Churches in populous parishes;" and of another Act passed in the fifty-ninth year of the reign of his late Majesty, intituled " An Act to amend and render more effectual

66

CLASS

VI.

No. 4.

Stat. 3

4. c. 72.

"an Act passed in the last session of Parliament, for build- PART II.
"ing and promoting the building of additional Churches in
"populous parishes;" and of another Act passed in the third
year of the reign of his present Majesty, intituled "An Act
"to amend and render more effectual two Acts passed in the G.
"fifty-eighth and fifty-ninth years of his late Majesty, for
building and promoting the building of additional Churches
"in populous parishes;" 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 con-
veyed] 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 succes-

sors, for the purposes of the said several Acts, and to be de-
voted, 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 Valid in
effectual in the law, to all intents and purposes, and shall be law.
a complete bar to all estates tail and other estates, rights,
titles, trusts and interests and incumbrances whatsoever.

sioners

may obtain

church or

III. And be it further enacted, That it shall be lawful Commisfor the said Commissioners under the said recited Acts and this Act, to procure and obtain, or require parishes, chapel- or receive ries, townships and places, to provide and furnish, by all or lands or any of such ways and means as are specified in the said recited grounds required for Acts or either of them or this Act, in relation to sites for enlarging additional churches, or for church or chapel-yards or ceme- or rebuildteries, or to accept and receive as gifts and grants under ing and for the purposes of the said recited Acts and this Act, chapel, and to take grants of to themselves, or to direct grants of to whether be made to any other persons specified by them for that contiguous purpose, any such land or ground, or additional land or or not. 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, Former whether contiguous or not to the present site thereof; and acts exall the powers, authorities, clauses and provisions in the said tended to

to old site

this act.

VI.

No. 4.

PART II. recited Acts or either of them or in this Act contained, in CLASS relation to the obtaining or procuring any lands or grounds, or requiring any lands or grounds to be provided or furStat. 3 nished by any parishes or places for any sites for additional G. 4. c. 72. 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.

Fines for renewals

lands, &c.

renew.

+ Sic.

IV. And be it further enacted, That in every case in which any lands, tenements, hereditaments or any interest at time of in or arising out of any lands, tenements or hereditaments, taken, paid shall be given up, sold or surrendered by or taken under to person the provisions of the said Act or this Act, from any body entitled to 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 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.

Commissioners may lend

money for

acts, at

est, not

V. And be it further enacted, That it shall be lawful for the Commissioners under the said recited Acts and this Act, to lend and advance to any parish or place any such sum as purpose of to the said Commissioners may appear to be required and expedient to lend and advance, for building of any addisuch inter- tional church or chapel, or churches or chapels, or rebuildexceeding ing or in aid of building or rebuilding any church or chapel, legal inor for or towards completion of the building or rebuilding terest, or of church or chapel already commenced or in part built interest, as or rebuilt, or for the payment or part payment of any expenses or sums due or to become due upon any contract heretofore made, or which may hereafter be made for any such building or rebuilding, or for the completion of any

without

they shall

deem fit.

any

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