Non-consent of heritors

not to be

objection

to process

parishes.

parish, although the superficial measurement thereof may not be too large for one parish.

III. And be it enacted, that it shall not be a valid objection to the competency of any process which shall be brought for disjoining deemned valid or dividing a parish or parishes and erecting a new kirk or kirks, under the provisions of the said recited act as altered and amended for disjoining by this act, that the consent of the heritors of a major part of the valuation of the parish to be disjoined or divided had not been given previous to such process having been brought into court; and it shall be lawful for the lords of council and session before whom any such process shall have been brought to appoint special intimation thereof to be made, in such form and manner as the said lords of council and session shall direct, to such of the heritors of the valuation of the parish as shall not have already either given their consent or judicially stated their dissent, and to sist proceedings in such process for a definite time, for the purpose of allowing such heritors to state judicially their consent or their dissent; and such of them as shall not within a time to be fixed by the said lords of council and session, and to be specified in such intimation as aforesaid, judicially state their dissent, shall, in computing the statutory proportion of consents, be reckoned as consenting heritors.

Where proof is given that

church accommoda

tion exists parish, lords

in the new

of council may allow

process to proceed.

IV. And be it enacted, that if, in any process for disjoining or a sufficient dividing a parish, it shall be shown to the satisfaction of the lords of council and session that there is already built or erected and in good repair a church or place of worship suitable for the church of the new parish proposed to be erected, and capable of being lawfully appropriated to that purpose, whereby the expense of erecting a new or additional church will not be incurred by the heritors, and that the titulars or others having right to the teinds out of which is to be paid not less than three-fourths of the additional stipend or stipends to be modified by reason of such disjunction or division have consented thereto, or have stated no objection thereto, after due intimation by direction of the lords of council and session to them given, it shall be lawful and competent for the said lords of council and session to allow such process to proceed, and to give judgment and decree therein, if, upon consideration of the whole case, it shall appear to them that there are good and sufficient reasons for so doing, although the heritors of a major part of the valuation of the parish to be disjoined or divided may not have consented.

Patronage in

V. And be it enacted, that when any parish or parishes shall have new parishes been disjoined or divided, and a new parish erected, under the provisions of the said recited act as altered and amended by this act, the patronage of such new parish shall belong to the patron of the original parish from which the same has been disjoined or divided; or if the new parish has been disjoined or divided from more than one parish having different patrons, the patronage of such new parish shall belong to the patrons of the parishes from which the same has been disjoined or divided, and shall be exercised by them, either jointly or in a certain order of rotation as may have been agreed upon by them, or failing of such agreement, then their respective interests in the right of patronage, and the manner of exercising

:

the same, shall be fixed by the lords of council and session, and in either case shall be set forth in a judgment to be pronounced by the said lords of council and session in the process for erecting such new parish provided always, that such patron or patrons of the original parish or parishes from which the new parish has been disjoined or divided shall undertake to bear the burden of not less than one-half of the stipend to be provided to the minister of such new parish provided also, that no patron of any of the original parishes, who shall not bear the burden of one-fourth part of the stipend of the minister of the new parish, shall have any right or interest in the patronage of such new parish by virtue of his right of patronage in such original parish; and in every case in which the patron or patrons of the original parish or parishes shall not bear the burden of not less than one-half of the stipend to be provided to the minister of the new parish, the patronage of such new parish, and the right of presentation to the kirk thereof, shall belong to the person if there be only one such person, or to the persons alternately if there are more than one and not more than three such persons, who shall bear the burden of the whole stipend provided for the minister of such new parish at the erection thereof, and to the heirs of such person or persons; and if the persons who bear the burden of such stipend shall exceed three in number, then the patronage of such new parish, and the right of presentation to the kirk thereof, shall be vested in and be exercised by three trustees, or, in case of difference of opinion, by the majority of three trustees, who shall be chosen for their respective lives in manner following; (that is to say), the three trustees first chosen shall be elected by a majority of votes at a meeting of the heritors of such new parish, and of the persons who are liable in payment of stipend to the minister thereof, or who have contributed the sum of five pounds towards the fund out of which any part of the stipend is provided, or towards the expense of providing the church for such new parish; and upon the death, disability, or resignation of any of the trustees so chosen, another trustee in his place shall be elected for life by the heritors and kirk session of the parish; and as often as any vacancy shall happen by the death, disability, or resignation of any trustee, his place shall be supplied in like manner by another trustee, to be elected for life by the heritors and kirk session of the parish: provided always, that no person shall be qualified to hold the office of trustee who is not a member of the church of Scotland in full communion therewith.

cases a pa

remain as

of poor.

VI. And whereas in some large and populous parishes which it In certain may be considered necessary or proper to divide into two or more rish, though parishes there are a number of poor persons, the greater portion of divided, may whom reside in or near the same locality, such locality being some- one parish times the least wealthy, whereby the particular territorial division of for purposes such large and populous parish, which would be most expedient and advantageous in other respects, would operate injuriously or unjustly if each of the new parishes into which it may be divided was left to provide from its own resources for that portion of the poor of the original parish resident within the territory of such new parish; be it enacted, that it shall be lawful for the said lords of council and session, if they see cause so to do in any judgment to be by them

Division of a

affect law as to roads.

pronounced dividing or disjoining a parish, to declare and provide, that notwithstanding such division or disjunction, the original parish and the several new or separate parishes thereby erected within the bounds thereof shall, in so far as regards the support and management of the poor, and all matters and questions connected therewith, remain and be regarded as one parish; and in every such case there shall be one kirk session, consisting of the members of the kirk sessions of all the parishes within the bounds of the original parish, in all matters and questions relating to the support and management of the poor; and the session clerk of the original parish shall, during his incumbency, act as clerk of the said kirk session in all such matters and questions.

VII. And be it enacted, that no division of any parish shall affect parish not to the law and practice already existing in such parish as to the management of roads, or as to the levying or applying the statute labour or conversion of statute labour within the bounds of the original parish so divided, but the same shall continue to be managed, levied, and applied as if no such division had taken place, unless it shall be considered expedient by the county or district trustees for the conversion of the statute labour to make a new arrangement for allocating the management of the roads and statute labour, or conversion money, in reference to the alteration of circumstances consequent on such division of the parish as aforesaid.

Where a church is built and endowed, a district may

thereto.

VIII. And be it enacted, that if any person or persons shall, at his, her, or their expense, have built or shall have acquired, or shall have undertaken to build or acquire, a church, and shall have endowed be attached or shall have undertaken to endow the same, it shall be competent for the lords of council and session, acting in their capacity aforesaid of commissioners for the plantation of kirks and valuation of teinds, and they are hereby empowered and authorized, on the application of such person, or of such persons where they do not exceed five in number, or of two-thirds or any ten of such persons where they do exceed five in number, and without any concurrence of heritors, to inquire into the circumstances, and to erect such church into a parish church in connexion with the church of Scotland, and to mark out and designate a district to be attached thereto quoad sacra, and to disjoin such district quoad sacra from the parish or parishes to which the same, or any part thereof, may have belonged or been attached, and to erect such district into a parish quoad sacra in connexion with the church of Scotland; and it shall and may be lawful for the minister and elders of such parish to have and enjoy the status, and all the powers, rights, and privileges of a parish minister and elders of the church of Scotland: provided always, that nothing herein contained shall be construed so as to deprive any party who has a legal interest in the fabric of any place of worship of any right which by law belongs to such party to prevent such place of worship from being used or appropriated for a place of worship in connexion with the church of Scotland: provided also. that due intimation of every such application as aforesaid shall be made to all parties having interest, that they may have an opportu nity of appearing and being heard; which intimation may be made by notice in the Edinburgh Gazette, or by advertisement in one or

of minister.

more Edinburgh newspapers of general circulation, or in any other form or manner that may be directed by the lords of council and session in any act or acts of sederunt, or any order to be made by them for that purpose: and provided also, that the titles to the said church shall be taken and conceived so as that the said church shall be inalienably secured as the church of the said new parish in connexion with the church of Scotland, and that due provision shall be made for the future maintenance of the fabric of the said church; and that the endowment for the minister of the said new parish shall Endowment be not less than a stipend of one hundred pounds per annum, or seven chalders of oatmeal, to be calculated at the highest fiars of the county, exclusive of the sum necessary for communion elements, with a suitable dwelling house or manse and offices and appurtenances, or a stipend of not less than one hundred and twenty pounds, or eight and a quarter chalders of oatmeal, to be calculated at the highest fiars of the county per annum, where there shall be no such dwelling house or manse; and that such stipend of not less than one hundred pounds, or not less than one hundred and twenty pounds, shall be permanently provided and secured in all time. coming for the minister of the said parish; and that if there shall be a dwelling house or manse, the title to such dwelling house or manse and offices and appurtenances shall be taken and conceived so that such dwelling house or manse and offices and appurtenances shall be inalienably secured as the dwelling house or manse and offices and appurtenances for the minister of the said parish; and that due provision shall be made for the future maintenance of the fabric of such dwelling house or manse and offices and appurtenances, all to the satisfaction of the said lords of council and session; and the right of presbyteries to present to vacant parishes jure devoluto, according to the law of Scotland, shall have place in regard to all parishes erected quoad sacra as aforesaid, in the same manner as in regard to other parishes.

IX. And be it enacted, that in every such church as aforesaid Sittings. a portion of the sittings therein, to be determined by the sheriff of the county in which such church is situated, and not exceeding one-tenth of the whole sittings, shall be set apart as free seats for all persons frequenting the same; and another portion of the sittings therein, not exceeding one-fifth of the whole sittings, shall be let at rents not exceeding a rate to be fixed by the presbytery of the bounds; and the remaining portion of the sittings may be let in such manner as shall be agreed upon by the minister for the time being, and the person or persons liable for the repair of the church and for the stipend of the minister, or in case of not agreeing, then in such manner as shall be determined by the sheriff of the county as aforesaid: provided always, that one pew shall be appropriated, rent free, for the accommodation of the family of the minister, and another pew for the officiating elders; and the pew or seat rents of any such church as aforesaid may be expended and applied for the purpose of defraying the necessary expenses of a precentor, a beadle or kirk officer, and other expenses necessarily incurred in dispensing the ordinances of religion therein, and not otherwise provided for, and for the purpose of upholding in due repair and

Sites for churches may be

granted.

improving the fabric of such church, or of the dwelling house and offices of the minister, or for the relief of any person or persons who may have undertaken or become liable to uphold the same, or who may be liable for the endowment or stipend provided and secured for the minister of such church; and it shall be lawful to make collections at the door of any such church for any of the purposes aforesaid: provided also, that the sum received by any person liable to uphold the church or dwelling house, or liable for the endowment or stipend as aforesaid, shall not in any year exceed the sum paid or expended by such person in the same year by reason of such liability.

X. And be it enacted, that it shall and may be lawful for any heritor or for any heir of entail in Scotland, trustee, tutor, and curator of minors, and every person lawfully empowered to act for persons under any legal disability or incapacity, to give and grant heritably and irredeemably such land or heritage belonging to them or under their management as may be necessary for the site of such church, dwelling house, and offices as aforesaid, and also a portion or portions of land near the same for a church-yard or for a glebe, and not exceeding in the whole four acres; which portion or portions of land shall, at the sight of the sheriff of the county wherein the same is situated, or of some person appointed by the sheriff for that purpose, be marked out and set apart as the church-yard and as the glebe to belong to such new parish in all time coming, and, having been so given, granted, marked out, and set apart, shall not be liable to or affected by any other rights, titles, trusts, interests, or incumbrances to, in, or upon the same whatsoever; and such heir of entail shall not thereby be subject to nor incur any forfeiture or irritancy under any deed of entail by virtue of which he or she may hold the said land or heritage; and such trustee, tutor, or curator, or other person as aforesaid, shall be indemnified for what he may do in the premises: provided always, that the power hereby given to any heir of entail, trustee, tutor, and curator of minors, and every person lawfully empowered to act for persons under legal disability or incapacity, shall not in any case extend to or be understood to comprehend a power of giving and granting any lands or heritages within half a mile of the manor place in the natural possession of the proprietor, or of giving and granting any or any part of any gardens, orchards, or enclosures adjacent to the manor place which have usually been in the natural possession of the proprietor, or have not been usually let for a longer term than seven years, when the heir in possession was of lawful age, and not under any legal disability or incapacity: provided also, that no such grant as aforesaid by any heir of entail in possession, or by any trustee, tutor, curator, or other person lawfully empowered to act as aforesaid for any such heir of entail, shall be effectual, unless the heir of entail nearest in succession, of lawful age, and not under any legal disability or incapacity, shall have consented to such grant, which consent may be given by letter or other writing under the hand of such heir of entail nearest in succession, and shall be proved to the satisfaction of the said sheriff of the county: provided also, that no trustee. tutor, or curator of minors, or person lawfully empowered to act for