8. 2.

PAROCHIAL STIPENDS, SCOTLAND.

50 GEORGE 3, CAP. 84.-An act for augmenting parochial stipends, in certain cases in Scotland.-See Title-" CHURCH, PRESBYTERIAN, IN SCOTLAND," vol. i. p. 584.

5 GEORGE 4, CAP. 72.-An act for amending and rendering more effectual an act for augmenting parochial stipends, in certain cases, in 50 G. 3, c. 84, Scotland. Whereas an act passed in the fiftieth year of the reign of his late majesty king George the third, intituled an act for aug. menting parochial stipends in certain cases in Scotland, by which it was enacted, that as soon as conveniently might be after the passing thereof, the clerks of the different presbyteries within Scotland should make up accounts of the different parishes within each presbytery, the stipends of which parishes did not extend in their yearly amount to the sum of one hundred and fifty pounds sterling, and which could not be augmented to that extent under the laws then in force; and upon receiving such accounts, the same were directed to be taken into consideration by the lords of council and session, as commissioners for plantation of kirks and valuation of teinds, and a list or schedule should thereupon be made up, under their direction and authority, of all such stipends which from the causes mentioned in the said recited act could not be augmented to the annual amount or value of one hundred and fifty pounds under the laws then in force, specifying the amount of each stipend, in money, grain or other articles in which the same was payable, and the rate at which such grain or other article, if not in use to be paid in kind, were convertible into money, and if in use to be paid in kind, the value thereof on an average of the last nine years preceding the passing of said act; and so soon as the said lords of council and session, as commissioners foresaid, should have determined with respect to the stipend or stipends of any minister or ministers which ought to be augmented under the authority of the said recited act, the said lords of council and session, as commissioners foresaid, should cause a list or schedule of such stipend or stipends to be made out in manner directed by the said recited act, specifying the sum necessary for augmenting each such stipend to the annual sum of one hundred and fifty pounds, and an extract or certified copy thereof, made out in the manner therein directed, should be transmitted to the barons of exchequer, who should issue their precept or warrant, addressed to his majesty's receiver general and paymaster in Scotland, to each of the ministers of the respective parishes mentioned in such list or schedule, for payment to such minister of the annual sum which according to such list or schedule is necessary for augmenting his stipend to the annual amount or value of one hundred and fifty pounds, to be paid to him at the terms or times therein directed during his incumbency: and whereas by the alteration in the price of grain and other circumstances, most of the stipends included in the present lists have been considerably reduced below the said sum

stipends of

extend to the

which cannot

rected by the

made now

every five

teind clerk.

of one hundred and fifty pounds, and it is expedient that the amount of such stipends should from time to time be reconsidered, so as to secure to the incumbents of such parishes a stipend of one hundred and fifty pounds each at all times, as nearly as may be: and whereas it is also expedient that some additional provision should be made in certain cases for such of the parochial clergy of Scotland as cannot, according to law, be provided with a manse or glebe: and whereas an annual sum not exceeding two thousand pounds, in addition to the sum provided by the before recited act, will be sufficient to carry these purposes into effect: be it therefore enacted by the king'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 as soon Lists of as conveniently may be after the passing of this act, and from time parishes, the to time once in five years, at the expiration of each successive five which do not years in all time hereafter, the clerks to the different presbyteries yearly value within Scotland shall make out accounts in the manner directed by of £150, and the said recited act, of the different parishes within each presbytery, be augmentthe stipends of which parishes do not at the time extend in their ed, &c. as diyearly amount or value to the sum of one hundred and fifty pounds said recited sterling, and which cannot be augmented to that extent under the act, to be laws at present, or to be then in force, by reason of the causes men- and once in tioned in the said recited act, which accounts shall specify the amount years by the of each such stipend in money, grain or other articles, according to clerks of the presbyteries, an average of the last five years preceding the date of making out the and transsame respectively, and the said accounts shall be transmitted to the mitted to the teind clerk or principal clerk of the lords of council and session, as commissioners for plantation of kirks and valuation of teinds, who shall thereupon proceed in the manner directed by the said recited act to take the same into consideration, and to adjust and settle the same; and so soon as the said lords of council and session, as com- Lords of missioners aforesaid, shall have adjusted and settled any such list or session to schedule, or shall have ascertained the sum necessary for augment- cause lists or ing each such stipend, in the manner directed by the said recited be made out act, as often as the same is required to be done by this act, to the and recorded annual amount or value of one hundred and fifty pounds, the said 3, c. 84. lords of council and session, as commissioners aforesaid, shall cause a list or schedule, or lists or schedules, to be made out in the manner directed by the said recited act, specifying the sum necessary for augmenting each such stipend to the annual sum of one hundred and fifty pounds, and every such list or schedule shall be recorded and transmitted in the manner directed by the said recited act; and the said barons of exchequer shall issue their precept or warrant, addressed to his majesty's said receiver general and paymaster for Scotland, to each of the ministers mentioned in any list or schedule made up under the authority of this act, for payment to such minister of the annual sum which, according to such list or schedule, shall appear to be necessary for augmenting his stipend to the annual amount or value of one hundred and fifty pounds, to be paid him during his incumbency, and to his successor, at the terms or times and in the manner directed by the said recited act, unless and until an alteration shall take place in the manner hereinafter directed.

council and

schedules to

as by 50 G.

rishes where there is no manse or

globe to be

II. And whereas in some parishes in Scotland the ministers thereof have small stipends, and are not provided with a manse or a glebe, and it is reasonable that in such cases an additional stipend should be paid to such ministers, as some compensation for Lists of pa- the want thereof; be it therefore enacted, that as soon as conveniently may be after the passing of this act, the clerks to the different presbyteries within Scotland shall make up a list or lists of made up in any parish or parishes within each presbytery the minister whereof like manner. is without a manse and glebe, and of any parish or parishes the minister whereof is without a manse, and of any parish or parishes the minister whereof is without a glebe, the stipend of any which minister shall be under the amount or value of two hundred pounds per annum; and every such list shall be transmitted to the said teind clerk or principal clerk to the said lords of council and session as commissioners aforesaid.

Commissioners of teinds to inquire

into the cir

cumstances of the case,

up lists or

such pa

are under

£200, and

provided

of the sum

to be allowed, which

recorded in the teind

III. And be it further enacted, that after such list shall have been received by such teind or principal clerk, it shall and may be lawful for the said lords of council and session as commissioners aforesaid, upon the application of any of the ministers interested, or and to make of the procurator of the church on behalf of the whole, to inquire schedules of into the circumstances of the case, and if they shall find that the rishes where stipend in any parish is under the annual amount or value of two the stipends hundred pounds, and that the minister cannot be provided with a manse and a glebe, or with a manse or a glebe, as the case may be, cannot be they are hereby directed to cause a list or schedule of every such with manse parish where the minister cannot be so provided to be made out, or glebe, and and of the sum which ought to be allowed in respect of the want which ought thereof, as the case may be, but so as that the total amount of the stipend shall not exceed two hundred pounds per annum in any case lists shall be where the minister is without both manse and glebe, or one hundred and eighty pounds where the minister is without a manse or a glebe, as the case may be, and cannot be provided with the same respectively; and every such list or schedule shall be recorded in the books of the teind court, and an extract or certified copy thereof shall be made out and transmitted to the barons of exchequer, who shall cause the same to be also recorded in their books, and shall issue their precept and warrant, addressed to his majesty's said receiver general and paymaster in Scotland, to the minister of the parish or to each of the ministers of the respective parishes mentioned in such list or schedule for payment to such minister of the annual sum which according to such list is to be paid to him in respect of the want of a manse and glebe, or the want of a manse or glebe, as the case may be, during his incumbency in the parish mentioned in such precept or warrant, at the terms and times, and in the same manner as the augmented stipends settled by the said recited act of parliament are thereby directed to be paid to the said respective ministers entitled to the same.

court.

IV. And whereas from the alteration of circumstances it may from time to time happen, that the sum to be allowed to some of such ministers to make up their stipends to the sums allowed by this act, may fall below these sums respectively; be it therefore of presbyte- enacted, that once in every five years in all time hereafter, and at

Every five

years clerks

out accounts

which addi

and when

£5 per ann.

less than the

account of

the expiration of five years from the date of each such transmission, ries to make the clerks to the different presbyteries in Scotland shall make out of the stiaccounts of the amounts of the different stipends to which additions pends to shall have been made, as directed by this act; and whenever such tions have clerks shall find any such stipend to be five pounds per annum less been made, than the sum allowed pursuant to this act, according to the average stipends are prices of grain in the county in which such parish shall be situated found to be for the five years immediately preceding, the said clerks shall transsum allowed, mit an account of such stipends to the teind clerk or principal clerk they shall of the said lords of council and sessions as commissioners aforesaid, transmit an who shall thereupon proceed to increase each such stipend, so as to suchstipends make the sum to be thereafter allowed amount as nearly as may be to the teind clerk, that to the sum allowed under this act, according to the average prices an increase of grain for five years preceding the date of such transmission of may be made. accounts respectively; and so soon as the said lords of council and session shall have adjusted and settled or ascertained the sum necessary so to be allowed according to such diminution, as the case may be, as often as the same is directed by this act, the said lords of council and session shall cause a list or schedule, lists or schedules, to be made out in the manner directed by the said recited act and this act, specifying the sum thenceforth to be issued, until an alteration in the amount of such sum shall take place in the manner directed by this act; and every such list or schedule shall be recorded, and thereafter transmitted, in the manner above directed in the case of the first allowance under this act; and the said Barons of the barons of exchequer shall issue their precept or warrant to his issue warrant majesty's said receiver general and paymaster for Scotland, to each for payment of the ministers mentioned in any such list or schedule, for payment to such minister of the annual sum which, according to such list or schedule, is to be paid to him during his incumbency, and to his successor, at the term or times and in the manner directed by the said recited act, unless and until an alteration shall take place in the manner directed by this act.

exchequer to

to minister.

than £2,000

V. Provided always, and be it enacted, that the augmentations of Not more stipends authorized to be made by this act, shall not exceed in any allowed in one year the sum of two thousand pounds sterling over and above one year. and in addition to any balance of the sum of ten thousand pounds granted by the said recited act, remaining unapplied for the purposes thereof.

recited act to

VI. And be it enacted, that all the directions given by the said Directions of recited act, with respect to the matters and things thereby appointed be observed. to be done, shall be observed and followed in executing this act, as far as such directions are not inconsistent with the same.

VII. And whereas by an act passed in the fifty-fifth year of the 55 G. 3, c.187, reign of his said late majesty, intituled an act for granting to his . 25. majesty certain sums out of the respective consolidated funds of Great Britain and Ireland, and for applying certain monies therein mentioned for the service of the year one thousand eight hundred and fifteen, and for further appropriating the supplies granted in this session of parliament, a sum of ten thousand pounds was granted to his majesty to make provision for the augmentation of the maintenance of the poor clergy of the established church of Scotland, to be

8. 23.

8. 17.

issued and appropriated pursuant to the provisions of an act passed or to be passed for that purpose: and whereas, by an act passed in 58 G. 3, c.101, the fifty-eighth year of the reign of his late majesty, intituled an act for applying certain monies therein mentioned for the service of the year one thousand eight hundred and eighteen, a further sum of ten thousand pounds was granted for a similar purpose, to be issued and appropriated in a similar manner: and whereas, by another act, 59 G. 3, c. 133, passed in the fifty-ninth year of the reign of his said late majesty, intituled an act for applying certain monies therein mentioned for the service of the year one thousand eight hundred and nineteen, and for further appropriating the supplies granted in this session of parliament, a further sum of ten thousand pounds was granted for a similar purpose, to be issued and appropriated in a similar manner: and whereas these three several sums of ten thousand pounds being no longer required for the purposes for which they were granted; be it enacted, that so much of the said acts as authorizes the issue of the said several sums of ten thousand pounds, shall be and the same are hereby repealed.

Grants for

the poor

clergy under recited acts

repealed.

5 GEORGE 4, CAP. 90, SEC. 14.-An act to amend an act for building additional places of worship in the highlands and islands of Scotland. See Title-" CHURCH BUILDING, SCOTLAND," vol. ii. p. 219.

SPACE LEFT

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.