5 10 money 19. Apportionquests, &c. Charges, to ment of Be and also of be made by the Court And be it Enacted, That where Her Majesty's said Commissioners shall have already formed or shall hereafter form any distinct and separate parish, district parish or district chapelry under the provisions of the hereinbefore recited Acts, or any of them, or this Act, out of any parish or extra-parochial place, it shall be lawful for the Court of of Chancery. Chancery, any thing in the herein before recited Acts to the contrary notwithstanding, on a petition being presented to the said Court by any Two Persons resident in any such parish or extra-parochial place (such petition to be presented, heard and determined according to the provisions of an Act passed in the fifty-second year of the reign 52 G.3, c. 101. of his late Majesty King GEORGE the Third, intituled, "An Act to provide a summary Remedy in cases of Abuses of Trusts created for 15 charitable Purposes,") to apportion between the remaining part of such parish or place and the distinct and separate parish, or district parish or district chapelry, any charitable devises, bequests or gifts which shall have been made or given to or for the use of any such parish or extra-parochial place, or the produce thereof, and in any 20 such case to direct that the distribution of the proportions of such devises, bequests or gifts, or the produce thereof, as shall be so apportioned, shall be made and distributed by the Incumbent or spiritual person serving the Church, or by the Churchwardens of any such distinct and separate parish, district parish or district chapelry, either 25 jointly or severally, as the said Court of Chancery may think expe 30 35 dient; and all such apportionments shall be registered in the registry of the diocese in which such parish or place shall be locally situate, and duplicates thereof shall be deposited with the Churchwardens of such parish or place, and of each such division or district as aforesaid, and in all such cases the costs shall be at the discretion of the said Court; and the powers and authorities given to the said Commissioners by the hereinbefore recited Act passed in the third year of the reign of his late Majesty King GEORGE the Fourth, with respect to the apportionment by them of such devises, bequests and gifts, shall, after the passing of this Act, with respect to the future exercise of such powers and authorities, cease and determine. And be it Enacted, That if before or during the building of any new Church, or previous to its consecration, the Bishop of the diocese and the Patron and Incumbent of the parish in which such new 40 Church has been or is intended to be built shall enter into an agreement in writing that the right of nomination to such new Church shall on its consecration belong to and be exercised by any body corporate, aggregate or sole, or by any person or persons, such agreement shall be binding on such respective parties, their suc 441. B 3 cessors, 22. How the Assent of the Commis sioners to any Conveyance or other Instrument fied. cessors, heirs and assigns, and they shall be compellable to fulfil the same. And be it Enacted, That where any matters or things may have been done or sanctioned by Her Majesty's said Commissioners, under the hereinbefore first-recited Acts or any of them, or which purport 5 to have been so done or sanctioned, the said Commissioners may, if any defect shall appear therein, confirm the same, in conformity with the provisions of such Acts or of this Act, and as if such Acts and this Act had been passed at the time when such matters or things were done or sanctioned. 10 And be it Enacted, That no future conveyance to be made to the said Commissioners in pursuance of the hereinbefore recited Acts, or any of them, or any other future instrument thereby directed to be made with their privity or assent, shall be valid and effectual unless shall be testi- and until the assent thereto of the said Commissioners shall be 15 testified by any seal in use by them being affixed thereto; but after such seal shall have been affixed to such instrument, such instrument shall take effect as from the making thereof; and no future instrument to which such seal is as aforesaid so directed to be affixed, and which is directed to be registered in the registry of any diocese, 20 shall be so registered unless and until such seal shall have been so affixed. Unless so testified, the Instrument shall not be registered. 23. Application of former Church Building Acts to this Act. And be it Enacted, That the existing powers, privileges and authorities contained in the hereinbefore first-recited Acts or any of them may be used and applied for the purpose of carrying this Act or the said Acts respectively into execution, mutatis mutandis, so far as the same are applicable thereto, and are not inconsistent with or repugnant to the provisions of this Act. 25 5 10 15 A BILL, [AS AMENDED BY THE COMMITTEE] INTITULED, AN ACT for the further Amendment of the [N.B.-The Clauses marked (A.) and (B.) were added by the Committee.] HEREAS an Act was passed in the fifty-eighth year of the reign of his Majesty King GEORGE the Third, intituled, "An Act for building and promoting the building of additional Churches in populous Parishes:" Preamble: 58 G. 3. c. 45. And whereas another Act was passed in the fifty-ninth year of the 59 G. 3, c. 134. reign of his said Majesty King GEORGE the Third, 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 whereas another Act was passed in the third year of the reign 3 G. 4, c. 72. of his Majesty King GEORGE the Fourth, 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:" And whereas another Act was passed in the fifth year of the reign 5 G. 4, c. 103. of his said Majesty King GEORGE the Fourth, intituled, "An Act to make further Provision, 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 :" |