5

10

15

A

BILL,

[AS AMENDED BY THE COMMITTEE, ON RE-COMMITMENT, AND ON REPORT]

INTITULED,

AN ACT for the further Amendment of the
Church Building Acts.

[N.B.-The Clauses marked (A.) and (B.)were added by the Committee, and Clause (C.) on Re-commitment.]

WHERE as an Act was passed in the fifty-eighth year of Preamble: ख

the reign of his Majesty King GEORGE the Third, intituled, 58 G. 3, e. 45. "An Act for building and promoting the building of additional

Churches in populous Parishes :"

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:"

7 & 8 G. 4, c. 72.

1 & 2 W. 4, c. 38.

2 & 3 W. 4, c. 61.

7 W. 4, and

1 Vict. c. 75.

1 & 2 Vict. c. 107.

2 & 3 Vict. c. 49.

3 & 4 Vict. c. 60.

7 & 8 Vict. c. 56.

And whereas another Act was passed in the Session of Parliament holden in the seventh and eighth years of the reign of his said Majesty King GEORGE the Fourth, intituled, " An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes:"

5

And whereas another Act was passed in the Session of Parliament holden in the first and second years of the reign of his late Majesty King WILLIAM the Fourth, intituled, " An Act to amend and render more effectual an Act passed in the seventh and eighth years of the reign of his late Majesty, intituled, 'An Act to amend the Acts for 10 building and promoting the building of additional Churches in populous Parishes:""

And whereas another Act was passed in the Session of Parliament holden in the second and third years of the reign of his said late Majesty, to render more effectual the aforesaid Act passed in the fifty-ninth year of the reign of his Majesty King GEORGE the Third:

And whereas another Act was passed in the Session of Parliament holden in the first year of the reign of Her present Majesty Queen VICTORIA, intituled, " An Act to prolong for Ten Years Her Majesty's Commission for building new Churches:"

And whereas another Act was passed in the Session of Parliament holden in the first and second years of the reign of Her said Majesty Queen VICTORIA, intituled, "An Act to amend and render more effectual the Church Building Acts :"

And whereas another Act was passed in the Session of Parliament holden in the second and third years of the reign of Her present Majesty, intituled, "An Act to make better provision for the assignment of Ecclesiastical Districts to Churches or Chapels augmented by the Governors of the Bounty of Queen ANNE, and for other Purposes:"

And whereas another Act was passed in the Session of Parliament holden in the third and fourth years of the reign of Her present Majesty, intituled, " An Act to further amend the Church Building Acts:"

And whereas another Act was passed in the Session of Parliament holden in the seventh and eighth years of the reign of Her present Majesty, intituled, "An Act concerning Banns and Marriages in certain District Churches and Chapels :"

15

20

25

30

35

And

5

1.

Explanation sion of the

and Exten

Provisions of 3 G. 4, c. 72,

And whereas it is expedient that some of the provisions of the hereinbefore recited Acts should be amended; Be it therefore 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, 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 here- s. 30. 10 after 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 Her Majesty's Commissioners for building New Churches that it will be for the con15 venience of such parish, district parish, or ancient or 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 20 Incumbent, under their hands and seals, to declare that such new 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 Minis25 ter 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, all glebe lands, tithes, and other endowments, emoluments, fees 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 35 Minister thereof was or is entitled, shall be vested in and belong to 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 572.

30

40

Claims of
Persons to

Pews in the
old Church

to be investi

gated, and if proved, such Persons to

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

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 at any time within Six Months after
the substitution of such new Church for the old or existing Church, the 5
Bishop of the diocese may of his own mere motion issue, or if thereunto
required by any person claiming to hold a pew or seat free of rent in
such old or existing Church by faculty or prescription, shall issue a
Commission under his hand and seal, directed to the Archdeacon of the
Archdeaconry in which such old or existing Church shall be situate, and 10
to any Two Incumbents of parishes situate within such Archdeaconry,
and to any Two Laymen nominated by the Churchwardens of such old
or existing Church, who are hereby required to nominate for such
purpose Two fit persons not claiming any such pew or seat as aforesaid;
and such Commission shall direct the Commissioners thereby appointed 15
to inquire into the rights of persons, if any, who claim to hold any such
pews or seats as aforesaid; and the said Commissioners, or any Three or
more of them, of whom the said Archdeacon shall be one, 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 20
Commission on the church-door of such new Church; and such
notice, signed by such Archdeacon, shall specify the day and time
and place on which such examination is to be made; and after
making an examination into such claims, the Commissioners so ap-
pointed, or the majority of them, shall, under their hands, trans- 25
mit 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-
nient pews or seats in such new Church, and such seats so assigned 30
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
Bishop of the diocese shall have power to afford redress, by allotting to 35
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
shall in that case take care that all tombstones, monuments and monu- 40
mental inscriptions in such Church so pulled down are, as far as may
be, preserved by the Churchwardens at the expense of the parish, or,
if it shall seem fit to the said Bishop, the same shall be transferred to
the Church so substituted as aforesaid, at the expense of the said
parish or district parish, or ancient or parochial chapelry, as the case
may be; provided that in case such new Church shall have been

built

built wholly or in part out of the funds placed at the disposal of Her Majesty's 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 Her 5 Majesty's said Commissioners under the provisions of such Acts for that number 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 10 right of nomination to such new Church shall belong to any other 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, 15 or Minister of such old or existing Church next succeeding after such transfer, and his successors, shall be and is hereby declared to be the 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.

25

AND whereas it is expedient to remove any doubts touching the validity of any proceedings by Her Majesty's 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 30 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 35 other endowments belonging to such old or existing Church, to such new Church, by the said Commissioners, purporting to be 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.

And be it Enacted, That where any part of a Cathedral Church has 40 been accustomed to be used as a parochial Church, it shall be lawful for Her Majesty's said Church Building Commissioners, with consent of the Ecclesiastical Commissioners for England, and with the consents of the Bishop of the diocese and of the Dean and Chapter of 572. A 3

such