PART II. powers and authorities given to trustees under the proCLASS visions of this Act. VI. No. 5. XIII. Provided always, and be it further enacted, That in Stat. 5 any case in which any such church or chapel shall be built or G. 4. c. 103. purchased in part by means of any rates to be raised in any If church parish, chapelry, township or extra-parochial place, the first or chapel and subsequent nominations of the Minister of such church or chapel shall be in the Incumbent of the church of the original parish in which the same shall be built or purcumbent to chased, except in case of such church or chapel being made nominate; a district church, when the same shall vest in the Patron as exception. aforesaid. built in part by rates, In ground, Church or XIV. And be it further enacted, That from and after chapel and the completion of every such church or chapel, the land, &c. to vest ground and site whereon the same shall be built, with the in such cemetery thereto belonging, if any, and which land, ground persons as and site shall be specified and described in the sentence of specified in consecration of the church or chapel, shall be and the same sentence of are hereby declared to be vested in such person or persons shall be consecra tion. Life trustees or churchwardens may dis pose of 1 and their successors for ever, by such name and style as shall be specified in the sentence of consecration of the church or chapel; and such person or persons shall in every such case have perpetual succession in the name and style specified in the sentence of consecration, and shall hold the lands, grounds and sites so vested in them as bodies corporate, by such name and style, without incurring or being subjected to any of the penalties or forfeitures of the Statute of Mortmain, or of any other law or statute whatsoever, to the use, intent and purpose that every such church or chapel, with the cemetery to the same, if any, shall, when consecrated, be for ever thereafter set apart and dedicated to the service of Almighty God, as a place of Divine worship, according to the Liturgy and usages of the United Church of England and Ireland as by law established, and be subject to the Bishop of the diocese as such. XV. And be it further enacted, That it shall be lawful for the life Trustees or Church-wardens respectively of any such church or chapel, and their successors, and they are hereby authorized and empowered to sell and dispose of the vaults or burial places under any such church or chapel, and vaults, &c. of vaults or burial grounds in the cemetery or yard of the paying the church or chapel, if there shall be any cemetery or burial ground thereto; and such life Trustees or Church-wardens respectively are hereby empowered and required to pay to and after dues to which the Incumbent PART II. VI. No. 5. Stat. 5 form a fund Minister's the Incumbent of the parish such dues or sums as such Incumbent would be entitled to and have, of vaults or burial places of a like description in the church of the parish, and shall, after making such payments, invest or lay out the remainder of the monies thence arising in some public funds, G. 4. c. 103. stocks or securities, from time to time, and also from time to is entitled, time in like manner to lay out the interest, dividends or the remainproceeds of such public funds, stocks or securities, or such der shall part thereof as shall not be applied under the provisions of for supplythis Act, in like funds, stocks or public securities; and such ing deficilife Trustees or Church-wardens shall, out of such interest, ences in dividends or proceeds, from time to time make good any salary, and deficiencies, if any shall arise, in the payment of the stipends for repairs. or salaries of the Minister or Clerk of the church or chapel, or any other payments or incidental expenses to be paid from the produce of the rents of pews or seats, by reason of the rents of pews not being adequate to the payment of such stipends, salaries or expenses; and in the next place shall apply such interest, dividends and proceeds in the maintaining, supporting and repairing the church or chapel : Provided always, that if by reason of any such funds, or if Application the produce of pew rents being more than sufficient for all of surplus the purposes to which the same are made applicable under the provisions of this Act, there shall be a surplus of annual income, then and in any such case such surplus shall be applied in subsequent years to the purposes to which pew rents are applicable; and the pew rents shall in every such case be reduced rateably and in equal proportions, or a larger number of free seats shall be opened, as the Bishop of the diocese shall order and direct. income. consent be XVI. And be it further enacted, That it shall be lawful Churches, &c. may by for the said Commissioners, with consent of a majority of the subscribers entitled to elect the Trustees of any such made church or chapel, and of the Bishop, and of the Patron and district Incumbent, to make any such church or chapel a district church or chapel, under the provisions of the said recited Acts and this Act. churches. district XVII. And be it further enacted, That at the expiration In what of the forty years all such churches and chapels shall become case at expiration of in all respects district churches, without any consent being 40 years to obtained for that purpose, if his Majesty in council shall become have made a division of the parish or extra-parochial place churches for that purpose, in manner directed by the said recited without Acts, or shall remain parochial chapels if no such division consent. and appropriation of any such churches or chapels to a district shall have been made. PART II. VI. No. 5. Powers of for reco XVIII. And be it further enacted, That all the powers, CLASS authorities, provisions, regulations, clauses, penalties and forfeitures in the said recited Acts or any or either of them Stat. 5 contained, for the securing, recovering and paying the salaG. 4. c. 103. ries of spiritual persons, and for the recovery of pew rents, and all regulations as to the number or proportions of free recited Acts seats in churches or chapels built or purchased wholly or in part with money advanced by the Commissioners under the provisions of the said recited Acts, shall extend and be in full force, and be applied in all cases of any such churches or chapels as aforesaid, being built or purchased by subscription or by rates, under the provisions of this Act, as churches fully and effectually, to all intents and purposes, as if the and chapels same and each and every of them were severally and sepabuilt by rately reenacted and repeated in this Act. subscrip very of Minister and pew rents, to apply to tion, &c. XIX. And whereas doubts are entertained whether, since the duchy of Cornwall became vested in his Majesty, any lands, grounds, tenements or hereditaments, parcel of the said duchy, can be granted, conveyed or enfranchised under the provisions of the said Acts for the purposes thereof: And whereas an Act passed in the third year of the reign of his present Majesty, intituled An Act to enable his Majesty to make Leases, Copies and Grants of Offices, Lands and Hereditaments, Parcel of the Duchy of Cornwall, or Certain of annexed to the same: Be it therefore enacted, That it shall ficers of the be lawful for any three or more of the regular officers of duchy of Cornwall the said duchy, who by virtue of their several offices are empowered concerned in the general superintendance and management of the revenue and affairs of the said duchy, and duly authorized by his Majesty, under the provisions of the said last poses of the recited Act, by any deed or instrument under their hands to grant lands for the pur recited Acts. 3 G. 4. c. 78. and seals in the form prescribed by the said recited Act of the third year of his present Majesty, or as near thereto as circumstances will permit, to grant, convey or enfranchise lands, grounds, tenements or hereditaments for any such purposes of the said recited Acts, or any or either of them, as are in the said Acts or any or either of them specified, in relation to grants to be made by public departments under the said Acts. Anno 7 & 8 GEO. IV. Cap. 72. PART II. CLASS VI. An Act to amend the Acts for Building and promoting the Building of additional Churches in Populous Parishes. No. 6. [2d July 1827.] Stat. 7 & 8 134. WHEREAS an Act was passed in the fifty-eighth year of the reign of his late Majesty King George the Third, intituled An Act for Building and promoting the Building 58 G. 3. c. of additional Churches in Populous Parishes, whereby it was 45, enacted, that it should be lawful for his Majesty, by letters patent, to appoint such persons as his Majesty should deem fit, to be his Commissioners for carrying into execution the purposes of the said Act, and that the said commission should continue in force for the term of ten years from the date thereof, unless his Majesty should think fit sooner to revoke the same: And whereas another Act was passed in the fifty-ninth year of the reign of his late Majesty King 59 G. 3. c. George the Third, for the purpose of amending and rendering more effectual the said Act, whereby it was enacted, that it should be lawful for his Majesty, his heirs and successors, when and so often as any vacancy should arise of any of the Commissioners appointed under the provisions of the said recited Act, or the Act now in recital, to supply any such vacancy or vacancies, by the appointment of any other person or persons, and also from time to time to appoint additional Commissioners, who, together with the persons before appointed, should be the Commissioners for carrying into execution the purposes of the said Act and the Act now reciting; and the Commissioners so appointed by his Majesty were thereby declared to be a body corporate, by the style of "his Majesty's Commissioners for building "New Churches," and should have a common seal: And 3 G. 4. c. whereas another Act was passed in the third year of his 72. present Majesty, for the purpose of amending and rendering more effectual the said two Acts so passed as aforesaid: And whereas another Act was passed in the fifth year of 5 G. 4. c. the reign of his present Majesty, for amending and rendering more effectual the said three Acts so passed as aforesaid: And whereas Commissioners for the purpose of carrying into effect the aforesaid Acts have been duly appointed, and they have proceeded in the execution of the powers so vested in them: And whereas it is expedient that the time for the execution of the commission granted by his Majesty in pursuance of the said Acts, and which is limited to the term of ten years by the said first-mentioned Act, should be extend 103. VI. No. 6. G. 4. c. 72. Term of Commis PART II. ed, and that the powers contained in the aforesaid Acts CLASS should be altered and enlarged: Be it therefore enacted by the King's most excellent Majesty, by and with the advice Stat. 7 & 8 and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the persons now or hereafter to be appointed to be his Majesty's Commissioners for building new churches, and for the carrying into effect the aforesaid further Acts and this Act, shall continue to be such Commissioners, continued. and the said commission shall continue in force for the term of ten years from the twentieth day of July one thousand eight hundred and twenty eight, instead of the said term of ten years so fixed as aforesaid, unless his Majesty, his heirs or successors, shall think fit sooner to revoke the said commission. sioners' Powers Commissioners tain re II. And be it further enacted, That it shall be lawful for the said Commissioners to divide any parish or extra-paromay divide chial place into such ecclesiastical districts in manner proparishes under cer- vided by the said Acts passed in the fifty-eighth year of the reign of his late Majesty King George the Third; and strictions. if there shall not be any burial ground within such district, then and in every such case, until a burial ground shall be provided, the bodies of persons dying within such district may be interred in the cemetery of the parish church, in all respects as if such division had not taken place. Persous III. And be it further enacted, That when any person endowing or persons shall, to the satisfaction of the said Commischapels to sioners, endow any chapel built or hereafter to be built by nomination such person or persons, with some permanent provision in of Min- land or monies in the funds exclusively, or in addition to have the ister. the pew rents or other profits arising from the said chapel, such endowment to be settled and assured as the said Commissioners shall authorize and direct, it shall be lawful for the said Commissioners to declare that the right of nominating a Minister to the said chapel shall for ever thereafter be in the person or persons building and endowing the said chapel, his, her, or their heirs and assigns, or in such person or persons as he, she, or they shall appoint, and notwithstanding no compensation or endowment may be made to or for the benefit of the Minister of the church of the parish within which such chapel may be built. |