« PreviousContinue »
they shall think fit, to direct that the whole or part of any commission, in respect to the administration of assets which may arise or become due by virtue of any reasonable custom, obtaining within the jurisdiction of such court, shall be allowed to such registrar out of any assets which may have come to his hands, regard being had to the trouble and responsibility actually incurred, and to the service rendered by the said registrar in the collection of such assets : pro- Proviso. vided also, that nothing in this act contained shall be construed to render necessary the taking out of letters ad colligenda or of administration from any of the courts aforesaid, by any such attorney or attornies, otherwise than it would have been if this act had not been made; and that no claim or right to any such commission in respect of administration of effects as aforesaid, shall be deemed to accrue to any such attorney or attornies by reason of letters ad colligenda or administration, taken out by him or them in virtue of such authority as aforesaid, nor any other or further commission than would have been payable to him or them as agents, either according to the usual and reasonable rates of such an agency, or by special agreement.
IV. Provided also, and be it further enacted, that this act shall Not to affect not, nor shall any thing herein contained, in anywise prejudice or sons entitled affect the rights, claims, actions, suits or appeals of any person or to probates persons being entitled or claiming to be entitled, either as principal administraor principals, attorney or attornies, to the probate or probates of any ti per office will or wills, codicil or codicils, or letters ad colligenda or of adminis- deceased betration of the goods, chattels and effects of any person or persons of act, &c. who shall have died before the passing of this act; nor the rights, claims, actions, suits or appeals of any person or persons claiming or suing, or to claim or sue for the recall or repeal of any letters ad colligenda or of administration, granted of the goods, chattels or effects of any person or persons who shall have died before the passing of this act, which may have been or shall be granted to any such registrar as herein before mentioned; nor to the rights, claims, actions, suits or appeals of any person or persons claiming or to claim as executors, legatees, or next of kin of any person or persons who shall have died before the passing of this act, in any way relating to the goods, chattels, property, estate or effects of such deceased person or persons, or to the transactions, acts, deeds, neglects, defaults, intermeddlings or accounts of any such registrar relating to any such goods, chattels, property, estate or effects
, or under or by pretence of any letters ad colligenda or of administration, which may have been granted to him; nor in any way to entitle any such registrar to any commission, compensation or allowance in respect of any thing done or to be done by him in relation to the goods, chattels, debts, credits, estate or effects of any person or persons who shall have died before the passing of this act, which he would not have been entitled to if this act had not been passed ; but every person being entitled to or claiming any such probate or probates, letters ad colligenda or of administration, or to have any such letters ad colligenda or of administration, recalled or repealed, or having or being entitled to or claiming or to claim any such cause Of causes of action, suit or appeal, shall be entitled thereto, and all
to enter in
benefit and advantage thereof, and to prosecute and carry on the same, in the same manner as he, she or they would have been
entitled if this act had not been passed. Registrar, V. And be it further enacted, that in all cases in which the pointed ad
registrar of any of the said courts shall be appointed administrator ministrator, under the aforesaid act, besides filing an inventory and account
current according to the tenor of the administration bond and the rate accounts usual course of the ecclesiastical court, he shall enter into a book to
be kept by him for that purpose, separate and distinct accounts of each estate, and of all such sums of money, bonds and other securities for money, goods, effects and things, as shall come to his hands, or to the hands of any persons employed by him, or in trust for him by virtue of any letters ad colligenda or of administration granted to him under the authority of the said act, and likewise of all payments made by him for or on account of the said estates, and of all debts due by or to the same, specifying the dates of such receipts and payments respectively; which said book shall be kept in the registrar's office, and shall be open for the inspection of all such persons, practitioners in the said courts or others, as may have occasion to
inspect the same, at office hours, paying such reasonable fee as may Registrarsbe fixed therefore by the said courts, and no more; and the said schedule of registrars shall twice in every year; that is, on the first day of money; &c. March and the twenty-second day of October, or on the first day
after those days on which their respective courts shall be sitting, their charge,
exhibit and deliver in open court, a true and perfect schedule of all sums of money, bonds or other securities, received on account of each estate remaining under their charge, together with the payments made thereout, and the balances; and also of all administrations whereof the balances shall have been paid over to the persons entitled to the same, since the period of exhibiting the last schedule, specifying the amount of such balances, and the persons to whom paid; which schedule shall be filed of record in the said courts, and shall within fourteen days afterwards be published in the gazettes of the presidencies within which such courts are respectively situated, by the said registrar, who shall likewise cause copies thereof, in triplicate, to be delivered to the chief secretary at such presidency, and the same shall be transmitted by the respective governments at such presidencies to the court of directors of the East India company, who, upon the receipt thereof, shall cause the same to be published in the London Gazette.
account of estates under
FOR REFERENCE, IF NECESSARY,
2 & 3 Victoria, CAP. 49.-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.See Title—“CHURCH BUILDING, ENGLAND," vol. ii. p.
155. 5 & 6 VICTORIA, CAP. 65.—An act to divide the forest of Dean in the county of Gloucester into ecclesiastical districts.- Whereas her majesty's forest of Dean in the hundred of Saint Briavel's in the county of Gloucester is extra-parochial, and contains a population of ten thousand persons and upwards, and it is expedient that such part thereof as is after mentioned should be divided into ecclesiastical districts, in order to enable the spiritual persons who may serve the churches or chapels therein to perform all ecclesiastical duties within such districts, and for the due ecclesiastical superintendence of such districts, and the preservation and improvement of the religious and moral habits of the persons residing therein: and whereas three churches or chapels have been built within the said forest, which have been set apart and consecrated for the performance of divine service according to the rites and ceremonies of the united church of England and Ireland as by law established (that is to say), Christchurch chapel, Holy Trinity chapel, and Saint Paul's chapel; and it is intended to build a church or chapel for the performance of divine service, according to the rites and ceremonies of the said united church aforesaid, at or near Cinderford in the said forest, by and out of funds subscribed or to be subscribed by certain welldisposed individuals: and whereas Christchurch chapel was built from funds voluntarily contributed; and the governors of the bounty of queen Anne for the augmentation of the maintenance of the poor clergy having granted certain monies to the said chapel, part of the same were invested in lands by the said governors for the augmentation of the endowment of the said chapel, and the remainder was invested by the said governors, in their names, in the purchase of the sum of one hundred and seventeen pounds thirteen shillings and seven-pence three per centum reduced bank annuities, for the augmentation of the endowment of the said chapel: and whereas the annual income of the said chapel, after deducting the usual outgoings, is one hundred and eighteen pounds ten shillings and sixpence, or thereabouts : and whereas the chapel of the Holy Trinity was built from funds collected by voluntary contributions, and was augmented by the said governors with the sum of two thousand two hundred pounds out of the parliamentary grant, to which the sum of one hundred pounds was added by the minister of the said chapel, and the sum of one hundred pounds was added by the Pynecombe charity, and the further sum of three hundred pounds was added by the
governors of the bounty of queen Anne, making together the sum of two thousand seven hundred pounds, which was invested in the purchase of three thousand and fifty-five pounds three shillings and two-pence three per centum reduced bank annuities, now standing in the names of the said governors, producing annually the sum of ninety-one pounds thirteen shillings: and whereas Saint Paul's chapel was built from funds voluntarily contributed, and the endowment of the minister thereof consists of the sum of two thousand four hundred and cighty-nine pounds seven shillings and ten-pence three per centum reduced bank annuities, standing in the names of the governors of the bounty of queen Anne, producing an annual income of seventy-four pounds thirteen shillings and sixpence: and whereas five acres of land, parcel of the hereditary revenues of the crown, were granted to trustees for the purposes of the sites of each of the said three chapels and the burial-grounds thereof respectively, and for the sites of the residences of the ministers thereof, and otherwise for their benefit respectively: and whereas in the year one thousand eight hundred and thirty the sum of eight hundred and forty-three pounds fifteen shillings sterling was invested by the commissioners of his majesty's woods, with consent of the commissioners of the treasury, in the purchase of the sum of one thousand pounds three per centum consolidated bank annuities, in the names of the then first commissioner of his majesty's woods and the bishop of Gloucester, upon trust for the purpose for ever thereafter to apply the dividends of such stock towards the repairs of the fabrics of the said three chapels so built as aforesaid : and whereas on the endowing the said chapel of Saint Paul the right of presentation of the minister thereto was reserved to the bishop of Gloucester for the time being, and the said chapel is now served by a minister or curate appointed by the said bishop: and whereas the right of patronage or nomination to the said chapels of Christchurch and Holy Trinity is now vested in the right honorable Nicholas baron Bexley, and the right honorable George Gough baron Calthorpe, and the reverend Charles Bryan clerk, the majority of whom, in consideration of the addition to the endowment to the said chapels by virtue of this act, have consented that the patronage of the said chapels shall for ever hereafter be vested in her majesty, her heirs and successors: and whereas, in order to provide a decent maintenance for the ministers of the said three chapels so built, and of the said chapel intended to be built at Cinderford, it is expedient that the commis, sioners of her majesty's woods, forests, land revenues, works, and buildings for the time being, for and on behalf of her majesty, should be authorized to make such additional endowments to the said three chapels, so as to make up the net annual income of the ministers thereof respectively to the annual sum of one hundred and fifty pounds, as after mentioned, and also to endow the said chapel to be built at Cinderford with the annual sum of one hundred and
fifty pounds, as after mentioned: may it therefore please your The commis- majesty that it may be enacted; and be it enacted by the queen's
most excellent majesty, by and with the advice and consent of the churches to“ lords spiritual and temporal, and commons, in this present parliament
assembled, and by the authority of the same, that her majesty's commissioners for building new churches shall, within two years from the passing of this act, with the consent of the bishop of Gloucester and Bristol for the time being (within whose diocese the
divide the forest of Dean into ecclesiastical districts.
said forest is), and of any two of the commissioners of her majesty's woods, forests, land revenues, works, and buildings, to be signified in writing under their hands and seals, divide all such part of the said forest of Dean and hundred of Saint Briavel's as is extra-parochial, and bounded on or towards the north by the parishes of Ruardean, Hope Mansel, Weston-under-Penyard, and Lea, on or towards the north-east by the parishes of Mitchel Dean and Abinghall, on or towards the east by the parishes of Flawley, Westbury, Newland, Little Dean, the hamlet of Lea, the said parish of Flaxley, and the said parish of Little Dean, on or towards the east by the parish of Newnham, on or towards the south-east by the parishes of Aure and Lydney, on or towards the south, south-west, and part west by the parish of Newland, and on or towards the west and north-west by the parish of English Bicknor, into separate districts for ecclesiastical purposes, and shall set out such districts by metes and bounds; and one of such districts shall contain the said chapel of Christchurch, and shall be called the ecclesiastical district of Christchurch; one other of such districts shall contain the said chapel of Holy Trinity, and shall be called the ecclesiastical district of Holy Trinity ; one other of such districts shall contain the said chapel of Saint Paul, and shall be called the ecclesiastical district of Saint Paul; and one other of such districts shall contain the said chapel to be built at Cinderford aforesaid, and shall be called the ecclesiastical district of Saint John; and the instrument ascertaining and setting out the said districts shall be registered in the registry of the bishop of the diocese of Gloucester and Bristol, and enrolled in the office of land revenue records and enrolments; and when such instrument shall have been so registered and enrolled, the said districts shall be taken and considered as ecclesiastical districts attached to the said chapels therein respectively, in all respects as if the same districts had been divided and made by her majesty's commissioners
new churches under the powers vested in them by law; and all laws and provisions applicable or to be made applicable to district parishes, set out and divided by such commissioners, shall apply to the districts so to be set out in pursuance of this act, save and except as is otherwise provided for by this act: provided always, that until the said intended chapel at Cinderford has been built and consecrated, her majesty's commissioners for building new churches shall not assign an ecclesiastical district thereto; and if such intended chapel shall not be built and consecrated within two years from the passing of this act, it shall in that case be lawful for the said commissioners, and they are hereby required, to assign such ecclesiastical district within two years after such intended chapel has been built and consecrated. II
. And be it enacted, that the said chapels to which the said The chapels districts shall be assigned shall, from and after such registry and tricts shall enrolment, be deemed perpetual curacies, and the ministers of the be assigned said chapels shall be perpetual curates of such districts; and each val curacies. of such curacies shall be considered in law as a benefice presentative, and income 80 far only as that the licence thereto shall operate in the same perpetual manner as institution to any such benefice, and shall render voidable succession, other livings in like manner as institution to any such benefice; and powered to