Page images
PDF
EPUB

a part of any such land or ground shall have been applied to the purposes of the said recited Acts or this Act, to the grantor or grantors thereof, or their heirs or successors; any thing in the said recited Acts or this Act to the contrary notwithstanding.

[blocks in formation]

XXXV. Provided always, and be it further enacted, Proviso for That nothing in this Act contained shall extend or be con- the powers strued to extend to repeal or alter, vary or affect, any of Acts relating to powers, authorities, clauses or provisions contained in any any partiAct or Acts of Parliament passed in the last session of Par-cular paliament, or which may be passed in this present session of rish. Parliament, relating to any particular parish or place, or to authorize or empower the Commissioners under the said recited Acts or this Act, to make or enforce any order, direction or regulation under the provisions of the said recited Acts or this Act, so as to alter or affect any such powers or authorities as aforesaid or otherwise, contrary to any clause or provision contained in any such Act or Acts of Parliament relating to any particular parish or place; and that all the powers, authorities, clauses, regulations and provisions in such local Acts contained, shall remain in full force, and be used, enforced and applied in the same manner and by the same persons, as if this Act had not passed; any thing in this Act to the contrary notwithstanding.

XXXVI. Provided always, and be it further enacted And for and declared, That neither this Act nor the said recited powers of Bishops, Acts, nor any thing therein or herein contained, nor any &c. Act, matter or thing done by or under the authority of the same, or of the Commissioners under the said recited Acts or this Act, shall extend to invalidate or avoid any ecclesiastical law or constitution of the Church of England, or to destroy any of the rights or powers belonging to any Bishop of any diocese, or any Archdeacon, Chancellor or official.

exercise

diction.

XXXVII. And be it further enacted and declared, Bishops, That every Bishop of any diocese and every Archdeacon, &c. may Chancellor and official respectively, may at all times hereafter ecclesiastivisit, institute and exercise ecclesiastical jurisdiction in all cal juristhe parishes to be erected or divided by virtue or in pursuance of this Act, and in every division or district into which any parish may be divided under the provisions of the said recited Acts or this Act, and in relation to every church or chapel within the same, as amply as they or any of them may do now therein, and in such manner as in any other parishes or places within his or their dioceses or jurisdictions respectively.

PART II.

XXXVIII. And be it further enacted, That this Act CLASS may be amended, altered or repealed by any Act to be No. 4. passed in this present session of Parliament.

VI.

Stat. 3

G. 4. c. 72.

Act may be altered, &c. this session.

No. 5.

Bishops

may con

Anno 5 GEO. IV. Cap. 103.

An Act to make further Provisions, and to amend and render more effectual Three Acts, passed in the Fifty-eighth and Fifty-ninth years of his late Majesty, and in the Third year of his present Majesty, for building and promoting the building of additional Churches in populous parishes. [24th June 1824.]

V. AND whereas in many parishes and extra-parochial places in which the churches and chapels are inadequate to the accommodation of one-fourth of the parishioners, and to which sums may not be granted under the provisions of this or any other former Act for building additional churches or chapels, or in which the additional churches or chapels for which sums may have been or may be granted may not afford accommodation for one-fourth of the inhabitants of such parish, chapelry, township or extra-parochial place, there may be persons belonging to the Church of England who may be desirous of building or purchasing churches or chapels for the performance of Divine service according to the rites of the church of England: And whereas it is highly desirable that every facility should be afforded for the execution of so laudable a purpose: Be it therefore enacted, That whenever any twelve or more substantial householders of any parish, township or extraadditional parochial place, shall certify in writing to the Bishop of the churches or diocese within which such parish, chapelry, township or to purchase extra-parochial place shall be situate, that there is not of build- accommodation for more than one-fourth of the inhabitants ings for thereof for the attendance upon Divine service according to the rites of the Church of England, and that they application or some of them, either by themselves or with the assistance and certifi- of other persons belonging to the Church of England, are cate, and desirous of raising by private subscription such sum as may be necessary for building or purchasing a church or chapel, or any building or buildings to be used as a church or chapel for the performance of the said service, and to provide out of pew rents of such church or chapel a competent stipend for the Spiritual Person who may officiate therein,

sent to

building of

chapels, or

that pur

pose, upon

at the ex

pense of persons herein

mentioned.

VI. No. 5.

and for a Clerk thereof, and for all other expenses incident PART II. to the performance of Divine service, and for maintaining CLASS the said church or chapel, and the said Bishop shall be satisfied of the several particulars contained in such ap- Stat. 5 plication, it shall be lawful for such Bishop, if he shall G. 4. c. 103. think fit, to signify his consent to the building or purchasing such church or chapel, as the case may be, according to such plan, and upon such site as shall be submitted to and approved by him for that purpose.

three life

church, &c.

VI. And be it further enacted, That the several and Subscribers respective persons proposing to build or purchase any such may elect church or chapel, or any such building as aforesaid, and trustees for their assigns, respectively subscribing for that purpose sums manageof not less than fifty pounds each, shall elect three trustees ment of from amongst themselves, for the management and general and nominregulations of the temporal affairs of such church and ation of chapel, and for the nomination to the Bishop, for a limited spiritual period, of a Spiritual Person to serve the same; and such trustees shall be called life trustees of such church or chapel, and shall continue such trustees so long as any Spiritual Person nominated by them under the provisions of this Act shall serve such church or chapel.

person to

serve it.

tion of life

chosen to

VII. And be it further enacted, That in case any of the Upon death persons first appointed life trustees of any such church or or resigna chapel, shall during the period above mentioned happen to trustees, die, or shall signify to the other life trustees his resigna- new ones tion of such trust, it shall be lawful for the majority of may be the persons who have subscribed towards the building supply the or purchasing such church or chapel sums not less than vacancy. fifty pounds each, and being owners or renters of pews in the same, who shall be present at any meeting to be called for that purpose, and which meeting any one or more of such trustees are hereby authorized and required to call and appoint, upon fourteen days' notice at the least being affixed to the door of such church or chapel, upon the two Sundays next preceding the day on which such meeting is intended to be held, from time to time to nominate and appoint, by writing under their hands, any other person having subscribed a sum not less than fifty pounds, and being an owner or renter of a pew in such church or chapel, and a member of the Church of England, a life trustee in the place of the life trustee so dying or resigning; and every such new life trustee shall in every respect be vested with such and the like powers and authorities, to all intents and purposes, as the person to whose place he may be nominated and appointed as aforesaid.

PART II.

VI.

Subscribers

VIII. And be it further enacted, That if the number CLASS of persons subscribing to build or purchase such church or No. 5. chapel shall not exceed three, such person or persons shall Stat. 5 be and be deemed to be the life trustee or life trustees G.4.c. 103. of such church or chapel, under the provisions of this Act, and shall have, use and exercise all such and the like not exceed-powers and authorities to all intents and purposes, as any ing three such life trustees as aforesaid, chosen under the provisions deemed of this Act, may use and exercise; and in case of the and may by death or resignation of any such life trustee, the person deed or will nominated by him, being a member of the Church of Engappoint land, by his last will and testament, or by any instrument signed by him, shall be a life trustee in his place.

trustees,

successors.

Bishop may

upon appli

cation herein

to build a

church or

tion, &c.

IX. And be it further enacted, That in any case in consent which application shall be made to the Bishop of any diocese for his consent to the building or purchasing any church or chapel, or buildings to be used as a church mentioned, or chapel, in any parish, chapelry, township or extraparochial place, situate within the said diocese, for the chapel by purpose aforesaid, by any person or persons belonging to subscrip- the Church of England, who may be willing to subscribe one-half part at the least of the money necessary for building or purchasing the same, jointly with the parishioners of such place, who may be willing to raise the remainder of the money by rates, or to raise and borrow such sum upon the credit of the rates of such place, and the said Bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such Bishop, if he shall think fit, to signify his consent thereunto.

Application
to Bishop
to state

X. Provided always, and be it further enacted, That every application which shall be made under the provisions of this Act to the Bishop of any diocese, shall state that ticulars as the church or chapel is to be appropriated to the perto service formance of Divine service according to the rites of the

certain par

and free

seats.

Church of England, and shall offer to set apart such number or proportion of free seats as is required by the said recited Acts in cases in which churches or chapels are built or purchased under the provisions of the said recited Acts, with any money advanced by the Commissioners under the said recited Acts, and shall also offer to provide out of the pew rents arising from the remaining part of the seats of such church or chapel, a competent salary for the Spiritual Person who may officiate therein, and for all other expenses incident to the performance of such Divine service, and for maintaining the said church or chapel: Provided also, that no pew rents shall be taken, nor any service per

VI.

No. 5.

formed in such church or chapel, whether built or pur- PART II. chased by subscription only, or jointly by subscription and CLASS by rates, before the same shall have been duly consecrated, and a duplicate copy of such application, with the assent of the Bishop of the diocese to the same, shall be deposited in G. 4. c. 103. such church or chapel.

Stat. 5

notice of

to Patron

XI. And be it further enacted, That the persons or In every parishioners of any parish or place as aforesaid, making such case, such application to the Bishop, shall in every such case, at application the time of making the same, give notice in writing thereof to to the Patron and Incumbent of the church of the parish, to be given chapelry, township or extra-parochial place in which it is and Inproposed to build or purchase any such church or chapel, cumbent. in order to afford to such patron or incumbent the opportunity of laying before the Bishop any statement in writing relating thereto, and that the said Bishop shall not signify his consent to such application within three calendar months from the time when he shall have received the same, together with a certificate that the said notice has been given.

nominate

as herein

&c.; subse

to be by

XII. And be it further enacted, That the life trustee Life trusor trustees of any such church or chapel which shall be tees to built or purchased by private subscription, may nominate for the first two turns which shall occur after the consecra- mentioned tion of the church or chapel, or for any number of turns a Minister which may occur during the space of forty years after the of church, same, to the Bishop of the diocese, for his approbation and quent nolicence, a Spiritual Person to serve the same; and all sub-minations sequent nomination shall be in the Incumbent of the parish Incumor extra-parochial place in which such church or chapel bent; exshall be built or purchased; unless in case of such chapel ception. being made a district church as hereinafter mentioned, in which case such subsequent nomination shall be in the Patron of the church of the original parish; and in case of any neglect of any Trustee or Trustees, Patron or Incumbent respectively, to make such nomination, the same shall lapse, as in the case of actual benefices; and if all the subscribers entitled to elect trustees shall die before such nominations shall have been made, or such forty years shall have elapsed as aforesaid, then and in every such case the nomination shall be made by the Incumbent during such period: Provided also, that if all such subscribers shall die, To lapse if so that no such election of any trustee can be made, and trustees do any one of the trustees for the time shall die or vacate, then not nominand in every such case the Incumbent for the time being shall be and become a trustee, to use and exercise all

ate.

« PreviousContinue »