Portion of of Bishop of the Diocese and of the Archbishop of the Province, may be granted as a Site for such Church or Chapel. the Incumbent of any Parish a Portion whereof shall be included in such District to the Jurisdiction of any Diocesan of any other Diocese than that in which his Benefice shall be situate. V. And be it enacted, That it shall and may be lawful for any Incumbent or other Ecclesiastical Owner for the Time being with the Assent of any Glebe Lands by him held in right of his Benefice or other Ecclesiastical Title, by and with the Consent of the Patron of the Benefice and the Bishop of the Diocese in which the same may be situate, and with the Approval of the Archbishop of the Province, to be testified under their Hands and Seals respectively, to appropriate and set apart such Portion of the said Glebe Lands as may be convenient and suitable for the Erection of a Church or Chapel thereon to be endowed as aforesaid; and such Appropriation and Endowment when so made and approved as aforesaid, and the Deed of Endowment thereof executed and enrolled as herein-before provided in the Case of a Church or Chapel endowed under this Act, shall be good and valid to all Intents and Purposes, and as if the said Portion of the said Glebe Lands had been granted by a Person capable of absolutely disposing of the same: Provided always, that in any such Case wherein the Consent of Her Majesty the Queen, Her Heirs or Successors, may be required as aforesaid, the Consent of the Lord Lieutenant or other Chief Governor or Governors of Ireland, testified under his or their Hand and Seal, shall be of the same Force and Effect as if the Consent of Her said Majesty, Her Heirs and Successors, had been duly signified as by Law required. Appointment of VI. And be it enacted, That Two fit and proper Persons may Chapelwardens. be appointed to act as Churchwardens for every Church or Chapel erected, appropriated, or endowed under the Provisions of this or any other Act for the Encouragement of the building of Churches or Chapels in Ireland as aforesaid at the usual Period in every Year for the Appointment of Parish Officers, one of such Churchwardens to be named by the Incumbent or Minister of such Church or Chapel, and the other by the Proprietors or Holders of Pews in such Church or Chapel; and such Churchwardens when so elected, admitted, and sworn as in other Cases of Churchwardens of Parochial Churches shall have Authority within the said Church or Chapel, and any District legally assigned thereto or connected therewith, as in the Case of a Parish and Parochial Church is lawful and usual for the Churchwardens thereof; and such Church or Chapel Wardens shall and may, unless otherwise may be provided by the Deed of Endowment, take care of the Repairs of the said Church or Chapel and the Management of the Funds thereof, and be competent to recover, by all proper Means and Proceedings, the Pew Rents and other Dues belonging to such Church or Chapel, and so that no such Proceeding shall abate by reason of the Death, Removal, or going out of Office of any such Church or Chapel Warden, but may be commenced, prosecuted, and continued in the official Name of the Church or Chapel Wardens of the said Church or Chapel, describing the same by its usual Name or by its local Situation: Provided always, that the Office, Powers, and Duties of such Church or Chapel Wardens, when so elected, admitted, and sworn, shall be con tinued until Successors shall be chosen, admitted, and sworn to fill the said Office as aforesaid. Patron may be VII. And whereas by an Act passed in the Eighth Year Consent of of the Reign of Her present Majesty, intituled An Act for the Crown as 'Marriages in Ireland, and for registering such Marriages, it was amongst other things enacted, that with the Consent of the given by the 'Patron and Incumbent respectively of the Church of the Parish nant in certain or District in which might be situated any public Chapel with Cases. Lord Lieute or without a Chapelry thereunto annexed, or any Chapel duly 7&8 Vict. c. 81. licensed for the Celebration of Divine Service according to the Rites and Ceremonies of the United Church of England and Ireland, or any Chapel the Minister whereof was licensed to ' officiate therein according to the Rites and Ceremonies of the United Church of England and Ireland, the Bishop of the Diocese, if he should think it necessary for the due Accommo⚫dation and Convenience of the Inhabitants, might authorize by ' a Licence under his Hand and Seal the Publication of Banns ⚫ and Solemnization of Marriages in any such Chapel for Persons residing within a District the Limits whereof should be specified in the Bishop's Licence, and under such Provisions as to the " said Bishop might seem fit, and as might be specified in the said Licence: And whereas it is expedient to amend the said Act as to such Cases in Ireland in which the Consent of the Crown as Patron shall be required:' Be it enacted, That in every Case in which the Consent of the Queen's Majesty, Her Heirs or Successors, is to be given to any such Licence, the Consent in that Behalf of the Lord Lieutenant or other Chief Governor or Governors of Ireland, under his or their Hand and Seal or Hands and Seals, shall, to all Intents and Purposes, be as good and valid in Law as if the Consent of Her Majesty, Her Heirs or Successors, had been thereunto signified by Letters Patent under the Great Seal of Ireland. 6 VIII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of amended, &c. Parliament. CA P. C. An Act to promote the Advance of private Money for WE [1st August 1849.] HEREAS an Act was passed in the Ninth and Tenth Years of Her present Majesty, intituled An Act to autho- 9&10 Vict. rize the Advance of public Money to a limited Amount to pro c. 101, c. 11. mote the Improvement of Land in Great Britain and Ireland by Works of Drainage: And whereas an Act was passed in the Tenth Year of Her present Majesty, intituled An Act to 10 & 11 Vict. explain and amend the Act authorizing the Advance of Money 'for the Improvement of Land by Drainage in Great Britain: And whereas an Act was passed in the last Session of Parliament, intituled An Act to simplify the Forms of Certificates 11 & 12 Vict. under the Act authorizing the Advance of Money for the Im- c.119. provement of Land by Drainage in Great Britain: And whereas it is desirable that Works of Drainage should continue 12 & 13 VICT. K k 'to Inclosure Com- 'to be encouraged, in order to promote the increased Productive'ness of the Land and Healthiness of the Districts where it is required, and to supply the Demand for Agricultural Labour, especially at that Season of the Year when other Sources are suspended: And whereas the whole Sum mentioned in the first' recited Act, namely, Two Millions Sterling for Great Britain ' and One Million Sterling for Ireland, has been already applied for and appropriated, and additional Sums have been granted ' under subsequent Acts for Ireland, and Applications have been 'made for a further Sum of Half a Million and upwards for Great ' Britain, and for further Sums for Ireland, and it is expedient that the same should be advanced by private Individuals, and that Owners of Land should be enabled or authorized (with the Sanction of the Inclosure Commissioners for England and 'Wales) to borrow or advance Money to be expended with the like Sanction in draining such Lands:' Be it 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 the Inclosure Commissioners for England and Wales shall be the Commissioners for the Execution of this Act in Great Britain, and it shall be lawful for the said Inclosure Commissioners to employ in the Execution of this Act the Assistant Commissioners, Secretary, Surveyors, Clerks, Messengers, and Officers who have been or may be appointed by the said Commis. sioners under an Act passed in the Eighth and Ninth Years of Her present Majesty, intituled An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the Division of intermixed Lands, to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of general and local Inclosure Acts, and to provide for the Revival of such Powers in certain Cases, and the said first-recited Act, respectively; and the said Inclosure Commissioners may, with such Consent as provided by the said Act of the Session of Parliament holden in the Eighth and Ninth Years of Her present Majesty in respect of Appointments under such Act, from Time to Time appoint a sufficient Number of Persons to be Assistant Commissioners and Surveyors respectively for the Purposes of this Act, and may from Time to Time remove any such Assistant Commissioners and Surveyors; and the Allowances and travelling and other Expenses of such Assistant Commissioners and Surveyors shall be regulated as to the Amount thereof in like Manner as provided by the said lastmentioned Act in respect of Allowances and Expenses to Assistant Commissioners under the same Act, and such Allowances shall not exceed the Allowances payable to the last-mentioned Assistant Commissioners Commissioners; and the Commissioners for the Execution of this Act in Ireland shall be the Commissioners of Public Works in Ireland under an Act of the First and Second Years of His late Allowances and of Public Works to be Commissioners, and have Power to employ their Officers for the Execution of this Act, in Ireland. Majesty King William the Fourth, intituled An Act for the Ex- Drainage Drainage in Ireland, and of the several Acts amending the same respectively, and such Commissioners shall have full Power and Authority, with the Approbation of the Commissioners of Her Majesty's Treasury, to employ such Civil Engineers, Surveyors, Clerks, and other Officers appointed under the said last-mentioned Acts respectively as may be necessary for carrying this Act into execution. II. And be it enacted, That it shall be lawful for the Owner of Owner of Land any Land in Great Britain or Ireland, who shall be desirous of may borrow or advance Money. borrowing or advancing Money for the Improvement of such Lands by Works of Drainage under the Provisions of this Act, to borrow or advance Money for such Purpose, and to have the Money expended in such Improvement, and in defraying the Expenses incident thereto, charged on the Inheritance of such Land, in manner and with the Priority herein mentioned. Commissioners. III. And be it enacted, That when any Owner of Land shall Application to be desirous of borrowing or advancing Money under this Act he be made to shall make an Application to the Commissioners to authorize such Loan, and such Application shall be made in such Manner and Form and contain such Particulars as the Commissioners shall from Time to Time direct; and until a Certificate of the Allowance thereof shall have been issued by the Commissioners such Application may be withdrawn or altered, or consolidated with any other Application, at the Pleasure of the Applicant, but without Prejudice to his Liability as herein-after mentioned for the Expenses incurred in consequence thereof by the Commissioners or their Officers. cers of Com IV. And be it enacted, That it shall be lawful for the Com- Inspection of missioners on such Application to cause the Land specified in Land to be such Application to be inspected, and the Application to be made by Offireported upon, by an Assistant Commissioner, Surveyor, or Engi- missioners. neer, or otherwise; and the Commissioners shall upon such Report determine and certify under their Seal whether any and what Amount of Money shall be authorized to be borrowed or advanced under this Act in respect of the Land specified in such Application, and they shall by the same or by some subsequent Certificate fix the Rate of Interest, not exceeding Five per Cent. per Annum, to be paid in respect of any Money to be so borrowed or advanced; and such Report as aforesaid shall contain such Particulars of the Land proposed to be drained, and of the Manner of effecting the Drainage thereof, and of the estimated Expense of such Drainage, and of the Improvement to be thereby effected in the annual Value of the Land, as in the Opinion of the Party making such Report will be sufficient to enable the Commissioners to judge of the Expediency of allowing the Application; and the Commissioners shall after the Issue of their Certificate of Allowance be at liberty from Time to Time to authorize an Abandonment of any Part of the proposed Works of Drainage, or any Variation therein which they may think expedient, on such Terms and Conditions as they shall think reasonable. recited Act as to V. And be it enacted, That the Provisions of the said first- Certain Prorecited Act relating to Notice by Advertisement of Application visions in firstfor Advances for Drainage Purposes, and to the Proceedings to Notices of Apbe had in consequence of any Dissent to such Application, or plications incorKk 2 relating porated. Recovery of fused or no When Application allowed, Money to be paid into the Bank. As to Payment of Contribution to Loan, and Banker's Certi ficates for the same. relating to the Consent of the Bishop of the Diocese and Patron of the Benefice to any such Application in relation to Land held in right of any Church, Chapel, or other Ecclesiastical Benefice, shall (save so far as the same are inconsistent with or repugnant or inapplicable to the Provisions of this Act) be deemed to be incorporated herein. VI. And be it enacted, That in the Case of an Application for Authority to borrow Money where the Commissioners shall determine that no Money shall be borrowed in pursuance of such Application, or where the Money authorized to be borrowed, or a competent Part thereof (as to which the Decision of the Commissioners shall be conclusive), shall not be raised, and paid into the Bank as herein-after mentioned, within Six Months from the Allowance of such Application, and in the Case of an Application for Authority to advance Money by the Owner of Land himself, whether the Commissioners shall determine that any Money shall or shall not be advanced in pursuance of such Application, the Expenses which the Commissioners or their Officers shall have incurred by or in consequence of such Application (the Amount whereof shall be conclusively certified by the Commissioners) shall be a Debt due by the Party making such Application to the Commissioners, and shall be recoverable by them as in the Nature of a Crown Debt. VII. And be it enacted, That in Cases where any Sum of Money shall be authorized by the Commissioners to be raised in pursuance of any such Application, the Party or Parties willing to advance the same or any Part thereof, other than the Owner of Land making the Application, shall pay the same into the Bank of England or into some Bank in Scotland established by Act of Parliament or Royal Charter, or in Ireland into the Bank of Ireland, as the Case may be, or into some convenient Branch Bank thereof respectively, to be specified by the Commissioners in their Certificate of Allowance of the Application; and such Payment or Payments shall be to the Credit of the Commissioners to an Account the Title whereof shall be named in said last-mentioned Certificate, and such Monies shall, until duly applied under this Act, be the Property of the Commissioners ; but nevertheless the Commissioners, observing the Rules and Regulations of this Act, shall not, either collectively or individually, be answerable for any Monies which shall have been paid into the said Banks or any of them, or any Branch thereof. VIIL And be it enacted, That in any Case where more than One Party shall be willing to contribute towards such Advance, the Applicant, if willing to contribute thereto, shall have the Preference as a Lender, or shall be entitled to name the Party or Parties who shall have such Preference; and the Commissioners shall be entitled to name the minimum Amount to be paid into the Bank as One Contribution towards such Advance; and upon each Contribution being paid into the Bank a Banker's Certificate for the same, in a Form to be from Time to Time approved of by the Commissioners, shall be delivered to the Parties paying in the same, and thenceforth such Parties shall not be concerned to see to the Application or suffer for the Misapplication of the Amount for which such Banker's Certificate shall have been taken. IX. And |