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nent Endow

bents.

received by them, or a competent Part or Parts thereof, for the ment of Incum- Purpose of raising a Fund for the permanent and independent Endowment of each and every of the said Rectors, Incumbents, and Ministers, and shall and may from Time to Time, when and as sufficient Funds shall have been so accumulated, lay out and invest the same, or a competent Part or Parts thereof, in the Purchase of Lands, Tenements, and Hereditaments, or in the Public Stocks and Funds of Great Britain, and cause the same to be effectually settled and secured for the permanent and separate Endowment of the said several Rectories, Parishes, and Districts, in such Order as the said Commissioners shall think fit: Provided always, that the said Commissioners shall and may, if they shall think fit, but nevertheless always with the Consent of the said Dean and Canons, to be signified as aforesaid under their Common Seal, appropriate, for the Purpose of such permanent and separate Endowments respectively, by any Scheme to be so ratified as aforesaid, any Part or Parts of the Tithes, Tithe Rent-charge, Glebe or other Lands, Tenements, Hereditaments, Stocks, Funds, Monies, or Securities now vested in or held in trust for the said Dean and Canons in right of the said Rectory of Manchester : Provided nevertheless, that nothing in this Act contained shall be construed to give to or vest in the Rector of any separate Parish constituted under the Authority of this Act any Right or Title whatsoever, by reason or in right of such Rectory, to any Portion of the Tithes, Tithe Rent-charge, Glebe or other Lands, Tenements, or Hereditaments now vested in or held in trust for the said Dean and Canons in right of their Rectory or otherwise, unless and until any such Appropriation as aforesaid shall have taken place, and then so far only as such Appropriation shall extend.

Provision for abolishing Pew Rents, and providing free Seats.

XXV. And be it enacted, That the Pews and Seats in the said several Churches or Chapels, exclusive of the said Cathedral or Parish Church of Manchester, which are now legally liable to be let for Rent, may continue (subject as herein-after mentioned) to be so let, and the Rents and Income arising therefrom shall be applicable and be applied for the Purposes to which the same may now be applied; but that no Pews or Seats, other than such as are now liable to be so let, shall hereafter be let; and that the Seats and Pews in the said several Churches and Chapels which have not been heretofore appropriated shall henceforth continue and be free and unappropriated, and shall be occupied in such Manner as the Churchwardens, subject to the Control of the Bishop of the Diocese, shall from Time to Time direct: Provided always, that when and as any Income, Endowment, or Benefit shall under the Provisions of this Act be given to any Rector, Incumbent, or Minister of any Church or Chapel, exclusive as aforesaid, then, in case there shall at such Time be any Seats or Pews in such Church or Chapel let or legally liable to be let for Rent, Her Majesty's Commissioners for building new Churches, if they shall think fit, with the Consent of the Bishop of the Diocese for the Time being, if he shall think fit, shall order such Number as they shall deem proper of the Seats or Pews so let or liable to be let for Rent to be declared free, from and after such Time and subject to such Conditions, if any, as the said Commissioners shall think fit, and

such

such Order shall specify the Seats or Pews so declared free, and shall be registered in the Registry of the Bishop of the Diocese, and such Seats or Pews shall from and immediately after the Ratification of such Order be and continue for ever free, and a Plan of the Seats so declared free shall be forthwith placed in the Vestry of such Church or Chapel.

XXVI. And whereas the Chaplains or Minor Canons of the ⚫ said Cathedral or Parish Church have for many Years received, ' and applied for their own Use as of Right, the Rents of certain 'Pews or Seats in the Galleries of the said Cathedral or Parish • Church, and also certain Chief or other Rents in the Nature of Chief or Quit Rents in respect of other Pews in the said • Cathedral or Parish Church:' Be it enacted, That no Chaplain or Minor Canon to be hereafter appointed shall receive any Sum of Money in respect of the said Pew Rents or Chief or other Rents respectively; but after the Vacation of the Office of the present Chaplains or Minor Canons, or either of them, by Death, Removal, or otherwise, the Share of such Pew or Chief or other Rents which would have accrued to the Chaplain or Minor Canon so vacating his Office shall thenceforth be paid to the Churchwardens for the Time being of the Parish of Manchester, and shall be invested by such Churchwardens in the Public Funds, and the same and the Accumulations thereof (which shall be invested in like Manner), shall be deemed to be and shall be applied as a Fund for the Maintenance and Repair of so much of the Fabric of the said Cathedral or Parish Church as the Parishioners may be legally liable to repair, and for no other Purpose: Provided always, that the said Churchwardens shall annually return to the Bishop of the Diocese, at such Time and in such Form as he may direct, an Account of all Sums which they may from Time to Time receive in respect of the said Rents, and of the Mode of Expenditure thereof, and such. Account so rendered shall be deposited by the said Bishop in the Registry of the said Diocese of Manchester: Provided also, that if any Appointment of a Chaplain or Minor Canon in the said Cathedral or Collegiate Church shall take place before sufficient Funds shall accrue from the annual Revenues of the Chapter to pay the Income of such Chaplain or Minor Canon, according to the Provisions of this Act, after first satisfying the Claims of the now existing Members of the Chapter, and after defraying all other Charges and Expenses which properly devolve upon the said Chapter, under the Authority of this Act or otherwise, the Chaplain or Minor Canon so appointed shall continue to receive the said Chief and other Rents in respect of the Pews in the Galleries of the said Cathedral or Parish Church as aforesaid, or such Portion of such Rents as together with the other Emoluments of his Office shall give him the aforesaid annual Income of Two hundred and fifty Pounds, anything in this Act to the contrary notwithstanding: Provided also, that nothing in this Act contained shall be construed to prevent or interfere with the Removal, when done with the Consent of the Bishop of the Diocese for the Time being, of any Gallery now being in the said Collegiate or Cathedral Church.

As to Pew

eries of Cathedral Church.

Rents in Gal

XXVII. And be it enacted, That the said Bishop of Manchester The Bishop to and his Successors shall henceforth be Visitors of the said College, 13 & 14 VICT.

S

be Visitor of

in

the College, &c.

under Letters
Patent of
Car. 1.

For fencing the
Ground to be

provided in lieu

of Walker's

Croft, and providing a Chapel and Buildings,

&c.

Provisions of

certain General Acts made ap plicable to this

Act.

Benefactions

towards Pur

poses of this Act.

in the Place and Stead of the Bishop of Chester for the Time being, and that the said Bishop of Manchester and his Successors shall and may exercise all such Power and Authority, as Visitor or otherwise, as under or by virtue of the said Letters Patent of King Charles the First or otherwise were given to or vested in the said Bishop of Chester.

XXVIII. And be it enacted, That a competent Part or Parts of the said Sum of Twelve thousand nine hundred and ninety-nine Pounds One Shilling and Sixpence may be applied by the said Dean and Canons and the Churchwardens of the Parish of Manchester in or towards the fencing, levelling, draining, and otherwise improving any Burial Ground or Burial Grounds which shall be purchased or procured under the Powers of the said recited Acts relating to the said Manchester and Leeds Railway and the said Act for the Improvement of the Town of Manchester, or any or either of them, or otherwise, and also in erecting thereon a fit and proper Chapel or fit and proper Chapels for the Performance of Divine Service, and a fit and proper Residence or Residences for a Sexton, Watchman, or other Person or Persons for the Protection thereof respectively, or for the Discharge of Duties connected therewith, and in providing for such Chapel or Chapels and Residences respectively proper Furniture and Fittings.

XXIX. And be it enacted, That all the Powers, Authorities, and Provisions contained in any Act enabling the Bodies Politic and Persons therein mentioned to give, grant, and convey, and the said Commissioners for building new Churches to accept, purchase, and take, Land for the Sites of Churches, and for settling the Amount or Value of the Satisfaction to be made for any Land taken by the said Commissioners, and relating to the Title, Form, and Mode of Conveyance of any Land so given or purchased or taken, and to Recovery in Ejectments, and to the Payment and Application of the Value or Purchase Money for any such Land so purchased or taken, shall extend to and may be used and applied by the said Ecclesiastical Commissioners and Her Majesty's Commissioners for building new Churches, as respectively provided by the said respective Acts, for obtaining any Land, Buildings, Dwelling Houses, Offices, Gardens, Yards, and Appurtenances for or as Houses of Residence or Sites of Houses of Residence necessary to be provided under this Act, and also any Land, Buildings, Dwelling Houses, Offices, Gardens, Yards, and Appurtenances for Sites for Churches or for Burial Grounds in the Districts or Parishes which may be formed and constituted under this Act.

XXX. And towards the Purpose of providing the necessary may be received Funds for defraying the Costs, Charges, and Expenses of and incidental to the applying for and obtaining this Act, and for carrying the same into effect, be it enacted, That all the Powers and Provisions contained in the said recited Act of the Sixth and Seventh Years of the Reign of Her present Majesty, for enabling any Person or Persons or Body Corporate to give and grant to and vest in the said Ecclesiastical Commissioners for England, and for the said Commissioners to purchase, receive, take, hold, and enjoy, any Lands, Tithes, Tenements, and Hereditaments, Goods or Chattels, for the Purposes therein mentioned, shall extend and be applied to all and every the Purposes in this Act contained or

referred

referred to; and the said Commissioners shall not be obliged to proceed in the Execution of any of the Powers or Provisions of this Act until the Funds necessary for carrying the same respectively into effect shall have been paid into their Hands, or into the Hands of their Treasurer.

Statutes of

Mortmain, &c.

XXXI. And be it enacted, That the Purchase, Grant, Release, Assurances to Conveyance, or other Assurance of any Land, Buildings, Here- be valid notditaments, Rent-charge, Pews, or Seats, authorized or directed to withstanding be made or executed by or under the Provisions of this Act, shall be good and valid without any Licence or Writ of Ad quod damnum, the Statutes of Mortmain or any other Statute or Law to the contrary notwithstanding. XXXII. And be it enacted, That all Laws, Customs, and Notices of CiUsages for or relating to the Publication or affixing of any Citation or Monition, Notice or other Proceeding, in, on, to, or near any Parish Church, shall extend and apply to the Churches becoming Parish Churches under the Provisions of this Act; and that if the Subject Matter of such Citation, Monition, Notice, or other Proceeding shall extend to or affect more than One of such Parishes, the same shall be published or affixed in, on, to, or near the Churches of all the Parishes to which the same shall extend or relate.

tation, &c. how to be published.

Table of Fees to be fixed by Bishop of Diodouble Fees to

cese,

and no

XXXIII. And be it enacted, That, subject to the Provisions herein contained, it shall be lawful for the Bishop of the Diocese for the Time being, and he is hereby directed, at such Time and in such Manner as he may see fit, to establish and fix a Table of the Fees to be taken in the Parishes or Districts to be constituted be taken. under the Provisions hereof, for the Publication of Banns, and the Solemnization and Performance of Marriages, Churchings, and Burials respectively, in addition to the Fees herein-before directed to be taken in such Parishes or Districts, and from Time to Time to vary the same as he shall see fit: Provided always, that so soon as such Fees so herein-before directed to be taken shall be no longer payable, One Set of Fees only shall be payable in any Case or on any Occasion, not exceeding in Amount the Fees payable in respect of such Rites and Services as aforesaid at the Parish Church of Manchester; and it shall not be lawful for the Rector or Minister of any such Parish or District thereafter to demand any other or larger Fee for such Duties and Offices respectively.

XXXIV. And be it enacted, That from and after the passing of No Fees to be this Act it shall not be lawful, within the now-existing Parish of demanded for Manchester, for any Minister to demand any Fee for the Minis- Baptisms. tration of Baptism, or for the Registration thereof, upon any

Sunday or other Holyday.

Commissioners.

XXXV. And be it enacted, That the said Dean and Canons Accounts to be and their Successors shall yearly and every Year render to the rendered yearly said Ecclesiastical Commissioners an Account annually at Easter of to Ecclesiastical the Receipts and Disbursements in respect of the said Tithes, Lands, Hereditaments, and Estates vested in the said Dean and Canons, for the Year ending at the Christmas next preceding, stating therein all the Particulars and Items of such Receipts and Disbursements, in such Form and to be so verified as the said Ecclesiastical Commissioners shall direct; and that it shall be Power to lawful Agents, &c. to

S 2

inspect Documents, &c.

Nothing herein

contained to disappropriate Rectory of Manchester.

Not to relieve

the Members of the Chapter

than as expressly provided.

lawful for the said Ecclesiastical Commissioners from Time to Time or at any Time or Times to appoint any Agent or Agents, Accountant or Accountants, to inspect all Papers, Writings, and Documents relating to such Tithes, Lands, Hereditaments, Estates, and Accounts, and to take Copies of or Extracts from the same or any of them; and that One Copy of such annual Account shall be transmitted by the said Commissioners to the Bishop of the Diocese, and the said Commissioners shall cause an Abstract of the same to be deposited in the Registry of the said Diocese of Manchester for the Time being.

XXXVI. And be it enacted, That nothing herein contained shall be construed to extend to the Disappropriation of the Rectory of Manchester, but that the Appropriation shall continue as valid and effectual to all Intents and Purposes as if this Act had not been passed, nor shall the Cure of Souls in any Parish constituted under the Authority of this Act be assigned to the present Dean of Manchester, without his previous Consent in Writing.

XXXVII. Provided always, and be it enacted, That nothing herein contained shall relieve, otherwise than as herein expressly provided, the said Dean and Chapter, or any Person now being from Liabilities, &c. otherwise or hereafter to be a Member of the Chapter of the said Cathedral or Collegiate Church, from any Liabilities, or from any Duties, Residence, or Services, now due or which ought to be fulfilled, kept, or performed by them or him respectively, but that all such Liabilities, Duties, Residence, and Services shall be fulfilled, kept, and performed by the said Dean and Canons, and by every such Person respectively, in like Manner as though this Act had not been passed.

Short Title of
Act.

Public Act, &c.

Certain Char

ters of Incorpo

ration and the

XXXVIII. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, Pleadings, and other Proceedings, it shall be sufficient to use the Expression "The Parish of Manchester Division Act, 1850."

XXXIX. And be it enacted, That this Act shall be a Public Act, and shall be judicially taken notice of as such, and may be amended or repealed during the present Session of Parliament.

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CA P. XLII.

An Act to confirm the Incorporation of certain Boroughs,
and to provide for the Payment of the Expenses of the
Incorporation of new Boroughs.
[29th July 1850.]
WHEREAS Charters of Incorporation have been lately

granted to the Boroughs of Halifax, Oldham, and Tynemouth, to extend over certain Districts mentioned in such Charters respectively, and Doubts have arisen respecting the • Validity of the said Charters: And whereas it is expedient that such Doubts should be removed:' Be it therefore 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 of the same, That the said several Charters of Incorporation, and all Elections, Acts, or Proceedings done or had in pursuance thereof, or by virtue of the same, before the passing of

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