5

of the same, THAT, notwithstanding any limitation or restriction or other thing contained in the hereinbefore recited Act passed in the third year of the reign of his late Majesty King GEORGE the Fourth, where a new Church has been already built or shall hereafter be built in any parish or district parish, or ancient or parochial chapelry, and where the Bishop of the diocese and the Patron and Incumbent of such parish, district parish, or ancient or parochial chapelry, shall at any time certify to the said Commissioners that it will be for the convenience of such parish, district parish, or ancient or 10 parochial chapelry, that such new Church, being duly consecrated, should be substituted for the old or existing Church situate therein, it shall be lawful for the said Commissioners, by an instrument under their common seal, with the consents of such Bishop, Patron and Incumbent, under their hands and seals, to declare that such new 15 Church, being duly consecrated, shall be substituted for such old or existing Church, and to transfer the endowments, emoluments or rights belonging to such old or existing Church, or to the Incumbent or Minister thereof, to such new Church, and to the Incumbent or Minister thereof, and his successors; and it shall be lawful in every such case for the Trustees (if any) of such old or existing Church, or of any rights, emoluments or endowments belonging thereto, or to the Incumbent or Minister thereof, and they are hereby required, and indemnified for so doing, to transfer the same according to the direction of the said Commissioners; and immediately from and after such transfer, 25 all glebe lands, tithes, and other endowments, emoluments and profits, and every matter or thing, whether real or personal, and all rights and privileges wherewith any such old or existing Church is, or was at the time of such substitution, endowed, or to which the Incumbent or Minister thereof was or is entitled, shall be vested in and belong to 30 the Incumbent or Minister for the time being of such new Church, and his successors, in as ample a manner as the Incumbent or Minister of the old or existing Church might have enjoyed the same if such transfer had not taken place, and the Incumbent or Minister of such old or existing Church shall thereupon be, to all intents and purposes, the Rector, Vicar, Perpetual Curate or Minister, as the case may be, of such new Church, instead of Rector, Vicar, Perpetual Curate or Minister of such old or existing Church, without any presentation, institution, induction, collation or other form of law being had, observed or required; and such new Church shall thereupon have the same rights and privileges as such old or existing Church, and such offices of the Church as were performed and celebrated in such old or existing Church shall be performed and celebrated in such new Church, and such new Church shall be to all intents and purposes in lieu of the old or existing Church; and the Bishop of the diocese shall thereupon issue a commission under his hand and seal, directed to the Archdeacon of the archdeaconry in which such old or existing Church

35

40

1.

Explanation sion of the

and Exten

Provisions of

3

G. 4, c. 72,

s.30.

Claims of Persons to Pews in the old Church to be investigated, and if proved, such Persons to

have Pews in the new Church on the same Terms as in the old one.

2.

Incumbent of

old Church and his sue

5

shall be situate, and to any Two or more Incumbents of parishes
situate within such archdeaconry, directing them to inquire into the
rights of persons, if any, who claim to hold pews or seats free of rent
in such old or existing Church, by faculty or prescription; and the
parties to whom such commission shall be directed shall, as soon as
conveniently may be, proceed to examine into such claims, after giving
Fourteen Days' previous notice thereof, by affixing a copy of such
commission on the church-door of such new Church; and such no-
tice, signed by such Archdeacon and Incumbents, shall specify the
day and time and place on which such examination is to be made; 10
and after making an examination into such claims, such parties shall,
under their hands, transmit in writing to the said Bishop the names
and residences of the persons who have substantiated their claims to
such pews or seats, and if the said Bishop is satisfied therewith, he shall
assign, under his hand and seal, to such parties respectively, conve- 15
nient pews or seats in such new Church, and such seats so assigned
shall be held and enjoyed by the parties entitled to the same in as free
and ample a manner as the pews or seats to which they had or would
have been entitled in such old or existing Church; and if any party
shall find himself aggrieved by the finding of such commission, the 20
Bishop of the diocese shall have power to afford redress, by allotting to
such party seats in such new Church, if the justice of the case shall
in his judgment require it; and the old or existing Church, if such
Bishop shall think fit, may thereupon be wholly or partly pulled down,
under a faculty to be granted for that purpose; and the said Bishop 25
shall in that case take care that all tombstones, monuments and monu-
mental inscriptions in such Church so pulled down are, as far as may
be, preserved by the Churchwardens, or, if it shall seem fit to the said
Bishop, the same shall be transferred to the Church so substituted as
aforesaid; provided that in case such new Church shall have been 30
built wholly or in part out of the funds placed at the disposal of the
said Commissioners under the provisions of the hereinbefore recited
Acts, or any of them, and such transfer shall have been made, rents
for the pews or seats in such new Church shall only be fixed by the
said Commissioners under the provisions of such Acts for that num- 35
ber of seats therein which shall exceed the number of seats provided in
such old or existing Church: Provided always, That nothing herein
contained shall authorize the substitution of any new Church in lieu
of the old or existing Church as aforesaid, when the advowson of or
right of nomination to such new Church shall belong to any other 40
body or person than to the patron of such old or existing Church,
without the consents in writing of the Patron and Incumbent or
Minister of such new Church.

And be it Enacted, That the Rector, Vicar, Perpetual Curate, or Minister of such old or existing Church next succeeding after such transfer,

5

10

Incumbent of

new Church.

transfer, and his successors, shall be and is hereby declared to be the cessors to be Rector, Vicar, Perpetual Curate or Minister, as the case may be, of such new Church; and the body or person who for the time being would have had a right of presenting or appointing the Incumbent or Minister of such old or existing Church, in case such transfer had not been made, shall, in lieu thereof, when any vacancy occurs, have such and the like right of presenting or appointing the Incumbent or Minister of such new Church as such body or person would have had with respect to the old or existing Church.

AND whereas it is expedient to remove any doubts touching the validity of any proceedings by the said Commissioners in cases in which, under the provisions of the hereinbefore recited Act passed in the third year of the reign of his late Majesty King GEORGE the Fourth, they have substituted a new Church in lieu of the old or 15 existing Church in any parish, and have transferred the tithes, glebe and other endowments belonging to such old or existing Church to such new Church; BE it therefore Enacted and Declared, That every substitution of a new Church in lieu of an old or existing Church, and every transfer heretofore made of the tithes, glebe, and other endowments belonging to such old or existing Church, to such new Church, by the said Commissioners, under the provisions of the hereinbefore last-mentioned Act, shall be and shall be held to be valid in law from the time of such substitution and transfer.

20

every

And be it Enacted, any thing in the herein-before recited Acts or 25 any of them to the contrary notwithstanding, That, in all cases not otherwise expressly provided for, Two fit Persons shall be annually appointed Churchwardens for the Church of district Chapelry or consolidated Chapelry already or hereafter to be formed under the provisions of the herein before recited Acts or any of them, or this Act, 30 such persons being members of the united Church of England and Ireland, and residing within the district Chapelry or consolidated Chapelry; and the first appointment of Two such Persons shall, with respect to the Church of any district Chapelry or consolidated Chapelry already formed as aforesaid, take place within Two calendar Months after the passing of this Act, and with respect to a Chapelry district or consolidated Chapelry to be hereafter formed as aforesaid, within Two calendar Months after the formation of the same; and the next appointment of such persons, in either of such cases, for the Church of such district Chapelry or consolidated Chapelry, shall take place at the next usual period of appointing parish officers; and in each such case one of such persons shall be chosen by the then Incumbent or Minister serving such Church, and the other by the householders, or the majority of such householders, residing in such district Chapelry or consolidated Chapelry; and such election shall take place at a meeting

35

40

5.

Appointment of Churchwardens for an additional Church built by the Commissioners.

to be summoned in all respects as such Incumbent or Minister, and
if there shall be no Incumbent or Minister, as the Churchwardens
going out of office, shall direct; and the Two Persons, when so
appointed and elected Churchwardens, shall appear and be admitted
according to law, and shall collect and receive the rents of the pews
and seats in every such Church, and pay the stipend or salary
assigned by the said Commissioners to the Minister and Clerk of such
Church, if the said Commissioners have fixed the rents for the same,
or assigned such stipend or salary, and shall also do, perform and
execute all lawful acts, matters and things necessary for and concerning 10
the management, good order and decency of behaviour to be kept and
observed in such Church by the congregation thereof, and for the
recovery of such pew-rents, if in arrear, and all other lawful matters
and things appertaining to their office as such Churchwardens; and
the money given at the offertory at such Church shall be disposed of 15
by the Incumbent or Minister and Churchwardens of such Church,
in the same manner as the money given at the offertory at any
parish Church is by law directed to be disposed of by the Incumbent
and Churchwardens of such parish; and the persons so to be appointed
and chosen Churchwardens shall continue in their said office until 20
others shall be appointed and chosen in like manner in their stead.

5

And be it Enacted, any thing in the herein-before recited Acts or any of them to the contrary notwithstanding, That, in all cases not otherwise expressly provided for, Two fit and proper Persons, being members of the united Church of England and Ireland, shall be 25 annually appointed Churchwardens for any new Church (without a district) already built or hereafter to be built upon a site whereof the said Commissioners shall have accepted the conveyance, under the provisions of the hereinbefore recited Acts; and the first appointment of such persons shall take place within Two calendar 30 Months after the passing of this Act with respect to a Church already built and consecrated, and within Two Months after the consecration of a Church to be so hereafter built; and the next appointment of such persons, in either of such cases, shall take place at the next usual period of appointing parish officers; and in each such case one of 35 such persons shall be chosen by the Minister of such Church, and the other by the renters of pews therein, or by the Majority thereof, at any meeting to be summoned, in all respects as the Minister of such Church, or (if there shall be no Minister) as the Churchwardens going out of office, shall direct; and the Two Persons, when so appointed 40 and elected Churchwardens, shall appear and be admitted according to law, and shall collect and receive the rents, if any, seats in any such Church, and pay the stipend and salary, if any, assigned by the said Commissioners to the Minister and Clerk of such Church, and shall also do, perform and execute all lawful acts, mat

of the

pews and

ters

5

ters and things necessary for and concerning the management, good order and decency of behaviour to be kept and observed in such Church by the congregation thereof, and for the recovery of the pewrents in such Church, if the same are in arrear; and the persons so to be appointed and chosen Churchwardens shall continue in their said office until others shall be appointed and admitted in like manner in their stead: Provided always, That if there are no rented pews in such Church, the Minister of such Church shall appoint both Churchwardens: Provided also, That if such new Church is made the 10 Church of a distinct and separate parish, district parish, district chapelry or consolidated chapelry, the several provisions of the hereinbefore recited Acts or this Act touching the appointment and election of Churchwardens for the same, and their powers and duties in each such case, shall thenceforth respectively apply to such Church.

15

ap

Provided always, and be it Enacted, That no Churchwardens pointed under the provisions of this Act shall be Churchwardens for any other duties than for those hereinbefore mentioned; but that the Churchwardens of the original parish, or otherwise, as the case may be, shall discharge all other legal duties appertaining to the office of 20 Churchwardens; and that no Churchwardens appointed under the provisions of this Act shall, in virtue of such office, be deemed Overseers of the Poor.

AND whereas it is expedient to explain and amend the provisions of the hereinbefore recited Act, passed in the fifty-ninth year of the 25 reign of his late Majesty King GEORGE the Third, touching the formation of consolidated Chapelries; BE it therefore Enacted, That where a population is collected together at the extremities of and locally situate in parishes or extra-parochial places, contiguous to each other, at a distance from the respective Churches of such respective parishes or 30 extra-parochial places, and where there is or shall hereafter be a con

secrated Church in any of such parishes or extra-parochial places so circumstanced and situated as aforesaid, it shall be lawful for the said Commissioners, with the consent of the Bishop of the diocese, or if such parishes or places are situate in different dioceses, then with the 35 consents of the respective Bishops thereof, signified under his or their hands and seals, and with the consents also in like manner signified of the patrons of such respective parishes or extra-parochial places, to represent to Her Majesty in Council the expediency of uniting any such contiguous parts of such parishes, or parts, or the whole of such 40 extra-parochial places, into One consolidated Chapelry for such Church with respect to all ecclesiastical purposes, and such representation shall contain a description of such boundaries as may appear advisable to the said Commissioners for such consolidated Chapelry, and shall state to what corporate body, aggregate or sole, or person, their or his suc