or hereditaments as aforesaid, and all costs, charges, and expenses incurred by the STAT. 1 & 2 charity in consequence thereof. GEO. 4, c. 92. "X. And be it further enacted, that no part of the expenses attending any Expense exchange to be made in pursuance of this act, shall be borne by or paid out of the attending exchanges, funds of any charity, unless it shall be made appear to the bishop of the diocese, how to be paid. upon application for such exchange as aforesaid, that such exchange is solely intended for the benefit of such charity, and not for any other purpose, and is in respect of such convenience advantageous to the charity, notwithstanding any expense which may be incurred in effecting the same; and then so much of such expenses only shall be borne by and discharged out of the funds of such charity as such bishop shall find to be just and reasonable, and shall by instrument under his hand, allow and declare to be, in his opinion, an expense incurred for the benefit of the charity, and such as ought to be discharged out of the funds of such charity. "XI. And whereas charity lands, tenements, or hereditaments may be within some peculiar or exempt jurisdiction; be it further enacted, that in such case the application for an exchange under the authority of this act shall be made to the bishop of the diocese within which the charity lands, tenements, or hereditaments proposed to be exchanged shall be situate, and not to any other authority claiming such peculiar or exempt jurisdiction; and the bishop of such diocese shall proceed in the same manner, in such case, as if such charity lands, tenements, or hereditaments were to all intents and purposes within his jurisdiction as diocesan; and in case any such charity lands, tenements, or hereditaments shall be within two or more dioceses, then and in such case application shall be made to the several bishops of such several dioceses, to direct before which of such bishops the proceedings touching any such exchange shall be had, and such bishops shall accordingly direct before which of such bishops such proceedings shall be had; and thereupon such proceedings shall be had before such bishop in the same manner as such proceedings might have been had if all such charity lands, tenements, or hereditaments had been within the diocese of such bishop." XXIX. STAT. 1 & 2 GEORGII 4, CAP. CXIV. A.D. 1821. "An Act for the Completion of the rebuilding of the Church or Chapel of the Parish of Saint Nicholas in Harwich, in the County of Essex." XXX. STAT. 3 GEORGII 4, cap. xvi. [IRELAND.] A.D. 1822. "An Act to enable the Lord Bishop of Limerick and his Successors to demise the Office Houses, Gardens, and Demesne, situate at Conigar, in the County of Limerick, belonging to the Lord Bishop of Limerick.” [Bishop of Limerick to let the office houses and premises on lease. s. 1. Money received from the immediate predecessor for dilapidations to be laid out in improving the lands.] XXXI. STAT. 3 GEORGII 4, CAP. XIX. A.D. 1822. "An Act for erecting and endowing a Church in the Town of Liverpool, in the County Palatine of Lancaster, to be called Saint Luke's Church; and for retiring and amending an Act of the twenty-first year of King George the Second, so far as relates to Saint Thomas's Church.” XXXII. STAT. 3 GEORGII 4, cap. xix. A.D. 1822. "An Act to enable the Master or Guardian of the Charity called Plumtre Hospital, in the Town of Nottingham, to sell part of the Estate belonging to the said Charity, and to apply the Money arising therefrom in manner therein mentioned; and to raise Money by Mortgage of the Residue of the said Charity Estate, and to grant Building or Repairing Leases thereof." Exempt jurisdiction not to affect proceedings of the diocesan. STAT. 1 & 2 GEO. 4, CAP. CXIV. STAT. 3 GEO. 4, cap. xvi. [IR.] STAT. 3 GEO. 4, CAP. XIX. STAT. 3 GEO 4, cap. xix. STAT. 3 GEO. 4, CAP. XX. STAT. 3 GEO. 4, cap. xxi. STAT. 3 GEO. 4, cap. xxvi. STAT. 3 GEO. 4, cap. xxxi. STAT. 3 GEO. 4, c. 33. STAT. 3 GEO. 4, c. 57. STAT. 3 GEO. 4, c. 63. [IR. STAT. 3 GEO. Grand jury to appoint local inspectors. XXXIII. STAt. 3 Georgii 4, CAP. XX. A.D. 1822. "An Act for altering and enlarging the Powers of an Act made in the forty-sixth XXXIV. STAT. 3 GEORGII 4, cap. xxi. A.D. 1822. "An Act for restraining the Bishop of Saint David's and his Successors from [The Bishop of Saint David's may grant leases of certain tithes for three XXXV. STAT. 3 GEORGII 4, cap. xxvi. (1). A.D. 1822. XXXVI. STAT. 3 GEORGII 4, cap. xxxi. A.D. 1822. "An Act for settling upon the President, Fellows, and Scholars of Trinity College, XXXVII. STAT. 3 GEORGII 4, c. 33(2). A.D. 1822. "An Act for altering and amending several Acts passed in the first and ninth years XXXVIII. STAT. 3 GEORGII 4, c. 57. A.D. 1822. “An Act for transferring such of the Duties of the Commissioners or Governors of XXXIX. STAT. 3 GRORGII 4, c. 63. [IRELAND.] A.D. 1822. "An Act to authorize the Sale of Quit Rents, and other Rents, and the Sale and XL. STAT. 3 GEORGII 4, c. 64. [IRELAND.] A.D. 1822. "XXIV. And whereas by the said recited act of the fiftieth year of his late (1) Stat. fl Geo. 3, CAP. cxx. in part repealed. (2) Repealed by Stat. 7 & 8 Geo. 4, c. 27. made of any local inspector of any gacl, the minister or curate of the parish where- STAT. 3 GEO. in such gaol shall be situated shall be preferred; be it enacted, that the said recited 4, c. 64. [IR.] provision of the said recited act shall be and the same is hereby repealed: and that, from and after the passing of this act, it shall and may be lawful for every grand jury, in the making such appointment, to select any persons to be local inspectors, as to such grand jury shall seem most fit and proper to discharge the duties of the said office; provided always, that it may be lawful for the grand jury to appoint such minister or curate to be such local inspector, if such grand jury shall think such minister or curate to be a fit and proper person for that purpose. "XXV. And be it further enacted, that in all future appointments of protestant chaplains to any gaol, the protestant minister or curate of the parish wherein such gaols shall be situated, and in all future appointments of Roman catholic or dissenting chaplains, the clergyman or curate of such persuasion respectively, who shall act within the parish in which such gaols respectively are situate, shall be preferred, if such minister, clergyman, or curate will accept such appointment, and if there does not appear on examination to be any just or reasonable objection to such minister, curate, or clergyman as aforesaid." STAT. 3 GEO. XLI. STAT. 3 GEORGII 4, CAP. LXXI. A.D. 1822. "An Act for erecting a new Church in the Parish of Greenwich, in the County 4, CAP. LXXI. of Kent, and vesting the same and the Site thereof in Trustees, and for making Provisions respecting the same.” STAT. 3 GEO. XLII. STAT. 3 GEORGII 4, c. 72 (1). A.D. 1822. “An Act to amend and render more effectual two Acts passed in the fifty-eighth and 4, c. 72. fifty-ninth years of His late Majesty, for building and promoting the building of additional Churches (2) in Populous Parishes.” If ministers are appointed, those of the parish where prison is situated shall be preferred. "Whereas an act passed in the fifty-eighth year of the reign of his late majesty, 58 Geo. 3, intituled, 'An Act for building and promoting the building of additional Churches c. 45. (1) Vide Stat. 5 Geo. 4, c. 103; Stat. 1 & 2 Gul. 4, c. 38; Stat. 7 Gul. 4 & 1 Vict. c. 75; Stat. 1 & 2 Vict. c. 107; Stat. 2 & 3 Vict. c. 49; and Stat. 3 & 4 Vict. c. 60. (2) Building and promoting the building of additional Churches :-By the general law and the constitutions of the church of England, no person has a right to erect a new public chapel, forming part of the ecclesiastical establishment of the church of England, whether as a chapel of ease or otherwise, without the concurrent consent of incumbent, patron, and ordinary, and without a provision for the indemnity or compensation of the future incumbent, perhaps in all cases; certainly if his pecuniary rights and interests are to be in any manner affected. The cure of souls of every parish or parochial district belongs to, and all its emoluments are by the original founder and endower set apart for the maintenance of, the incumbent and his successors, and become vested in the existing incumbent by his institution and induction. The principles upon which the consent of all these parties is required, are obvious. The consent of the ordinary is necessary, as the general guardian of the interests and order of the church, and as the conservator of its constituted establishment. The patron is a party, because the rights and value of his patronage may be affected. The incumbent himself is still more immediately affected, both in his pastoral duties and his pecuniary rights, both of which are committed to him when insti tuted and inducted. If chapels can be erected and ministers be placed in them at the nomination of others, not only will it deprive the incumbent of the means of directing the spiritual instruction of his parishioners which has been intrusted to him, and which he has solemnly undertaken; not only will it produce schisms and dissensions, and thereby exert an injurious influence upon the religious principles of the parish; but it must also necessarily affect in some degree the emoluments of the benefice, as well as the pastoral duties of the incumbent. In Portland (Duke of) v. Bingham, (1 Consist. 161,) Lord Stowell says, "It is generally true, that the consent of the incumbent to the erection and use of a chapel is requisite." Kennett, in his Parochial Antiquities, vol. 2, p. 261, (ed. 1818,) states to this effect: The inhabitants of Piddington, within the parish of Ambrosden, had procured a chapel to be erected within their own village, with a mansion-house allotted for a capellane to be provided and maintained by the successive vicars: this had occasioned some difference between the inhabitants and vicar, which was now composed by the joint consent of the patron, vicar, and the people, with confirmation of the diocesan, by virtue of an agreement, entitled, "Dotatio capellæ S. Nicholai in villulâ de Piddington," and from this deed, dated the 14th of October, 1428, it appears, that Piddington was divided from Ambrosden, and invested with distinct STAT. 3 GEO. 4, c. 72. 39 Geo. 3, c. 154. Ordnance and other public departments, and all corporations, may give messuages, lands, &c. for sites for churches, &c. in populous Parishes:' and whereas another act passed in the fifty-ninth year of the parochial rights; that the inhabitants were Remarking on this deed of composition, Kennett, pp. 268-9, says, "Here is the triple league or joint consent of the diocesan, patron, and incumbent, whose suffrages were all required, if the church were full, to authorize an alteration of this kind. In a synod at London, convened by Anselm, arch- which the lord is willing to enfranchise the same; to be used as sites for churches STAT. 3 GEO. or chapels, or for enlarging sites of churches or chapels; or for church or chapel 4, c. 72. 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 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 anywise 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. 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; videlicet, "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 additional 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 an Act passed in the last session of Parliament, for building 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 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 Forms of grant or conveyance. to me, or us, or the “And all such conveyances and assurances shall be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all estates tail and other estates, rights, titles, trusts, and interests and incumbrances whatsoever. may obtain or “III. And be it further enacted, that it shall be lawful for the said commis- Commissioners sioners under the said recited acts and this act to procure and obtain, or require parishes, chapelries, townships, and places to provide and furnish, by all or any of such ways and means as are specified in the said recited acts or either of them, or this act, in relation to sites for additional churches, or for church or chapel yards or cemeteries, or to accept and receive as gifts and grants under and for the purposes of the said recited acts and this act, and to take grants of to themselves, or or grounds required for enlarging or rebuilding any church or |