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Powers of 3 & 4 Vict. c. 113, and 4 & 5 Vict. c. 39, extended to this act.
respectively, as in and by such deed enrolled, or such testament executed as aforesaid, may be expressed, or in the case of no deed or testament, as may in some other manner be directed, and in default of such expression or direction then in such manner as shall be directed by the authority herein before mentioned; and such commissioners and their successors shall have full capacity and ability to purchase, receive, take, hold, and enjoy, for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons who shall be willing to sell or alien to the said commissioners any lands, tithes, tenements, or other hereditaments, goods, or chattels, without any licence or writ of ad quod damnum, the statute of mortmain, or any other statute or law, to the contrary notwithstanding.
XXIII. And be it enacted, that all the powers and authorities vested in her majesty in council and in the said commissioners by the said recited acts, with reference to the matters therein contained, and all other the provisions of the same acts relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and shall apply to her majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively, with reference to all matters contained in this act, as fully and effectually as if the said
powers, authorities, and other provisions were repeated herein; and 1 & 2 Vict. the provisions contained in an act passed in the second year of her
majesty's reign, intituled an act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy, respecting the party or parties to be deemed patron or patrons, for the purposes of notice to be served upon and consent to be giren by such patron or patrons, and also respecting the manner in which and the party by whom any such consent is to be given, shall be construed to apply to the like matters respectively under this act.
XXIV. And whereas it may be expedient that her majesty's commission- commissioners for building new churches should be able to apply a
portion of the funds placed at their disposal towards promoting the for purposes purposes of this act; be it enacted, that it shall be lawful for the
said commissioners to make any such grant in aid of the erection of any such new church or chapel as aforesaid as shall seem fit to them, if they are authorized so to do under the church building acts, although the right of patronage of such church or chapel may not belong on the consecration thereof to the incumbent of the original parish in which such church or chapel shall be situate, any thing in such acts to the contrary notwithstanding.
XXV. And whereas an act was passed in the seventeenth year of 17 Cartes 3, the reign of king Charles the second, intituled an act for uniting impropria- churches in cities and towns corporate, which, besides the provisions
indicated by the title of the said act, contains enactments enabling pealed by impropriators to augment parsonages or vicarages in certain cases, 1 & 2 Vict, c. 106, s. 13), and incumbents in certain cases to receive lands, tithes, and other
hereditaments, without licence in mortmain: and whereas by an act passed in the second year of the reign of her present majesty, intituled an act to abridge the holding of benefices in plurality, and to make better prorision for the residence of the clergy, the whole of the
ers may make grants
of this act.
So much of
tors to aug. ment (re
said act of king Charles the second was repealed and more extensive provisions were made for the uniting of churches, but none for augmentations or holding in mortmain according to the same act; and it is expedient that the last mentioned enactments should be revived: be it therefore enacted, that so much of the said act of king Charles the second as enables any owner or proprietor of any impropriation, tithes or portion of tithes, to annex the same or any part thereof unto the parsonage, vicarage, or curacy of the parish church or chapel where the same lie or arise, or to settle the same in trust for the benefit of such parsonage, vicarage, or curacy, and authorizes parsons, vicars, or incumbents to receive lands, tithes, or other hereditaments without licence of mortmain, shall be and the same is hereby revived; and that all augmentations and grants at any time heretofore made according to the said act of king Charles the second shall be as good and effectual as if the same had never been repealed.
XXVI. And be it enacted, that this act shall extend only to Act not to England and Wales, the Isle of Man, the islands Guernsey, Jersey, Scotland or Alderney, and Sark, and the Scilly Islands.
XXVII. And be it enacted, that this act may be amended or re- Act may be pealed by any act to be passed in this present session of parliament. amended,&c.
7 & 8 VICTORIA, CAP. 94.-An act to explain and amend an act for making better provision for the spiritual care of populous parishes.
- Whereas an act was passed in the last session of parliament, inti- 6 & 7 Vict. tuled an act to make better provision for the spiritual care of populous parishes; and it is expedient to explain and amend certain of the provisions of the said act: 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 wherever any Crown may right of patronage of any district or new parish constituted under
ministers by the authority of the said act, and nomination of the minister or per- warrant
under sign petual curate thereof, shall be assigned to or vested in or may be exercised by her majesty, according to or under the provisions of the same act, it shall be lawful for her majesty to nominate to the bishop of the diocese a spiritual person to be licensed to such district or new parish as minister or perpetual curate thereof, as the case may be, by warrant under her royal sign manual; and such warrant shall be full and sufficient authority to such bishop to license such spiritual person accordingly.
II. And be it declared and enacted, that wherever any right of Bishop may patronage of any such district or new parish shall in like manner be license, as to assigned to or vested in or may be exercised by any bishop, it shall perpetual be lawful for such bishop to license a spiritual person to such district or new parish as minister or perpetual curate thereof, as the case may be, in the same manner, mutatis mutandis, as he may now by law license a spiritual person to any perpetual curacy.
III. Provided always, and be it enacted, that no fee whatever Warrant shall be payable for or in respect of any such warrant as aforesaid; Fee for and that a fee of one pound, and no more, shall be receivable by the licence. secretary of any bishop for and in respect of each and every licence granted by such bishop of a spiritual person as minister or perpetual
How scheme to be served where in
curate of any such district or new parish as aforesaid, or of any building licensed by such bishop within any such district for the performance of divine service, pursuant to the provisions of the said act; and no further or larger fee or gratuity shall be receivable by any person whomsoever for or in respect of the making, issuing, or granting, of any such licence as aforesaid.
IV. And be it declared and enacted, that wherever any incumbent
or patron to whom, according to the provisions of the said recited cumbent or act, it shall be necessary to transmit or deliver the draft of any absent from scheme proposed to be laid before her majesty in council, shall be England. beyond the seas, it shall be and be deemed to be a sufficient com
pliance with such provisions to leave such draft, in the case of an incumbent, at the house of residence belonging to his benefice or church, or if there be no such house of residence then at his last usual place of abode in England, and in the case of a patron at his Last usual place of abode in England : provided always, that in any case of such an absent incumbent or patron such scheme shall not be laid before her majesty in council until after the expiration of two calendar months from the day on which the draft thereof shall have been so left, unless such incumbent and patron shall in the
meantime consent to the same. llow where V. And be it declared and enacted, that in the case of any such incumbent incapacitat- incumbent being an idiot or lunatic or of unsound mind, or of any edor benefice benefice or church being under sequestration, or of the duties thereof sequestered.
being performed by a curate duly appointed in consequence of the suspension or the reputed incapacity of the incumbent thereof, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to the committee of such idiot, lunatic, or person of unsound mind, or to the
sequestrator, or to such curate of such benefice or church, as the case may be; and the consent of such committee, sequestrator, or curate shall be deemed to be the consent of the incumbent, within the meaning of the said act.
VI. And be it declared and enacted, that in any case in which patrons
the patronage of any church or chapel of any parish, chapelry, or district is or shall be vested in and exercised by the inhabitants generally of such parish, chapelry, or district, or by any body or class of persons exceeding five in number, it shall be and be deemed to be a sufficient compliance with the same provisions to deliver or transmit the draft of any such scheme to one of such patrons, and to the church wardens or chapelwardens of any such church or chapel, as the case may be; and such church wardens or chapelwardens, or one of them, shall thereupon cause notice of the contents of such draft to be given to such patrons, and shall ascertain their objections, if any, or their consent to such scheme, in such manner as the ecclesiastical commissioners for England shall direct, and such church wardens or chapelwardens, or one of them, shall communicate the same to the said commissioners or to the bishop of the diocese; and the said commissioners shall not lay such scheme before her majesty in council until after the expiration of two calendar months from the day on which such draft shall have been so delivered or transmitted, unless such consent shall in the meantime be given.
VII. And be it declared and enacted, that in the construction of Construction the said recited act the words “ Goods and chattels” shall be con- terms in strued to extend to and comprehend all personal estate and property 6 & 7 Viet. whatsoever ; and the word "Testament" shall be construed to extend to and comprehend any will or testamentary paper whatsoever, including under such definition the execution by any such will, testament, or testamentary paper of any appointment, in pursuance of any power, howsoever conferred or acquired. VIII. And be it declared and enacted, that, notwithstanding any
or plan may thing in the said recited act contained, it shall be lawful to transmit be registered the original map or plan annexed to any scheme laid before her majesty in council under the provisions of the said recited act, to be registered in the registry of the diocese, instead of a copy thereof, as provided by the same act.
IX. And be it declared and enacted, that it shall be lawful, by Bounds of the authority in the said recited act provided, at any time or times be varied within twelve months after the date of the licence of the minister within dimitfirst licensed to any separate district constituted under the provisions of the same act, to alter the bounds of such district, although any alteration be not required with a view to the constituting of another separate district: provided always, that the scheme for making any such alteration shall be subject to all the provisions in the same act and in this act contained relating to schemes for constituting separate districts thereunder ; and that any portion of any such separate district which by any such alteration as aforesaid shall become detached or excluded therefrom shall to all intents and purposes again belong to and form part of the parish, chapelry, or district, out of which such portion was taken, upon such separate district being originally constituted, or to and of any new district, as shall be determined by the like authority.
X. And be it declared and enacted, that in the case of any district Until minisconstituted under the provisions of the said recited act nothing con- cure of soul tained in the scheme or order for constituting the same shall in any
not affected. manner whatever affect any parish, chapelry, or district, as to the pastoral superintendence of the inhabitants thereof or otherwise, until a minister shall have been duly licensed to such newly constituted district.
XI. And be it enacted, that any grant, conveyance, or assurance which shall be made to the said commissioners by deed, under the au- veyance. thority of the said recited act, of any lands, tithes, tenements or other hereditaments, may be made according to the form in the schedule hereunto annexed contained, or as near thereto as the circumstances of the case will admit; and every such conveyance and assurance shall be valid and effectual in the law to all intents and purposes.
XII. And be it enacted, that this act may be amended or repealed Act may be by any act to be passed during this present session of parliament.
Form of grant or con
I [or We, or the corporate title, if a corporation), under the authority of acts passed in the sessions of parliament held in the sixth and seventh and seventh and eighth years of the reign of her present
3 & 4 Vict. c. 113.
majesty, intituled respectively, an act to make better provision for the spiritual care of populous parishes, and an act to explain and amend an act to make better provision for the spiritual care of populous parishes, do by these presents freely and voluntarily, and without any valuable consideration, give, grant, convey, and assure to the ecclesiastical commissioners for England, all (describe the premises to be conveyed], and all [my, or our, or the right, title, and interest (of, if a corporation), to and in the same and every part thereof, to hold to the said commissioners and their successors for the purpose of [describe the particular purpose, being some purpose within the prorisions of the said acts, or say, generally, for the purposes of the said acts.] In witness whereof, &c.
9 & 10 VICTORIA, CAP. 88.- An act to remove doubts as to the legality of certain assignments of ecclesiastical patronage. —Whereas by an act passed in the fourth year of the reign of her majesty, intituled an act to carry into effect, with certain modifications, the fourth report of the commissioners of ecclesiastical duties and revenues, it is enacted, " that it shall not be lawful for any spiritual person to sell or assign any patronage or presentation belonging to him by virtue of any dignity or spiritual office held by him, and that every such sale or assignment shall be null and void to all intents and purposes ;" and doubts have been entertained whether or not certain agreements and proceedings authorized under the several acts for the augmentation of the maintenance of the poor clergy, or under the church building acts, are to be deemed sales or assignments prohibited by the first recited act; and it is expedient that such doubts be removed: be it declared and 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 Proceedings of the same, that no agreement or other proceeding touching any
advowson or patronage, or right of presentation or nomination of any
spiritual person to any cure or benefice, donative, or perpetual curacy, building acts or to serve any church or chapel authorized by an act passed in the to be deemed first year of the reign of king George the first, intituled an act for 1 G. 1, st. 2, making more effectual her late majesty's gracious intentions for aug. 8 & 9 Vict. menting the maintenance of the poor clergy, or by any act passed for the
amendment thereof, or by an act passed in the last session of parlia. ment, intituled an act for the further amendment of the church building acts, or by any act recited therein, is or shall be deemed a sale or assignment such as is prohibited by the first recited act; but that every such agreement or proceeding already or hereafter to be duly made and taken under the provisions of any of the said acts is and shall be deemed to have been from the time of the making thereof as good in law to all intents and purposes as if the first recited act had not been passed.
II. And be it enacted, that this act may be amended or repealed amended, &c.
by any act to be passed in this session of parliament.
augmentation acts and church
Act may be
FOR REFERENCE, IF NECESSARY,