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divided, shall be on the footing of chapels of ease. The curate is to be appointed by the incumbent. The new parishes are to be respectively called Rectories, Vicarages, Perpetual Curacies, &c. like the old, and to be under the same laws, regulations, jurisdiction, &c. Provided that no clergyman pretending to such donative or perpetual curacy shall be subject to removal, and that such donations or perpetual curacies shall be subject to lapse as benefices, if no minister is appointed in six months after a vacancy.
Where it does not appear expedient to divide a parish into two or more distinct parishes, the commissioners, with consent of the bishop, and the King in council, may divide it, if necessary, into ecclesiastical districts, or may build chapels of ease, without such division. The curates in the district or new chapels are to be appointed by the incumbent.
The boundaries of the new parish, or division, must be enrolled in chancery, but may be altered by the King in council, upon the representation of the commissioners, within five years of the enrolment. The district parishes shall be distinct parishes for all ecclesiastical purposes, such as marriages, baptisms, &c, with right to fees, &c. but for no other purposes. The district church or chapel is to be considered a perpetual curacy.
No such parish, or district church or chapel, is to be tenable with the original church, or with the incumbency of any other such parish or district parish. The new parish, or district parish, will be subject to the same laws, &c. relative to marriages, baptisms, &c. as the old, after the incumbency of the present incumbent of the parent parish; but no marriages, baptisms, &c. to be solemnized therein during his incumbency. The death, avoidance, &c. of the incumbent, notified by the bishop, and entered in the books of the parish
and district parish, is to be sufficient evidence of the time from which such ecclesiastical acts may be legally performed.
The division of a parish into district parishes only shall not affect the land, tithes, or other rights of the original church. With regard to poor-rates and all other parish rates, except church rates, the original parish retains all its rights as before over the divided parish or district parishes.
The commissioners, out of the monies allowed by this act may make good any diminution of income sustained by an incumbent, by the transfer of any fees, offerings, &c. to the clergymen of the new churches or chapels.
The commissioners may accept of a building calculated for a church or chapel, or of a piece of ground suitably situated for building one; or of a house, garden, &c. not exceeding ten acres, for a residence for the minister. The Crown and corporate and collegiate bodies may give buildings or land for these purposes. A parish, on notice from the commissioners of a new church or chapel, being necessary, must provide a scite, to be approved by the commissioners; and all trus tees whatever are empowered to dispose of any lands, &c. in trust, which may be included in the bounds of such seite, and are indemnified for so doing. Where a scite includes common land, the conveyance of the land by the lord of the manor shall be sufficient.
Disputes, respecting the value of land to be purchased by the commissioners, shall be settled by a jury. Where property purchased under the Act was held in trust, the purchase-money, unless under 201. is to be vested in the bank, at lawful interest, till the trustees shall agree on some other mode of employing it under the approbation of the Court of Chancery. The commissioners may re-sell lands not wanted.
Where parishes are willing of
themselves to build or enlarge places of worship, but cannot procure, a proper scite, the comunissioners, if they think the circumstances of the case require it, may use the powers of this Act to procure it for them, the expenses being paid by the applicants. The commissioners must not, however, in any case, take a private dwelling house, offices, garden, orchard, &c. without consent of the owners.
The commissioners, where needful, may lend money to parishes, or extra-parochial places, to purchase scites, to be repaid, by instalments, within ten years. If parishes refuse to purchase scites, when duly notified, the commissioners may purchase, and must be paid from the rates by such instalments as they think requisite. The church-rates are to be the legal security for the sums expended under this Act; and in extraparochial places where there are no church rates, the commissioners may require the neighbouring justices to make them for the purposes of this Act. Churchwardens and vestries may borrow money, and raise a rate equal to the discharge of the interest and one twentieth of the principal. They may, also, with the consent of the bishop and incumbent, extend the accommodation of the existing churches or chapels; provided that onehalf of the additional accommodation shall be allotted to uninclosed or free seats; and they shall levy rates to pay the interest, with a part of the principal not less than the amount of the interest. No application, however, for building a church, in whole or in part, by means of parish rates, shall be accepted, unless with consent of the majority of inhabitants paying poor's rates; or, where there is a select vestry, with consent of fourfifths of their number, and also with consent, in writing, of two-thirds in value of the proprietors of land, Upon such application, the
churchwardens may levy rates for raising the necessary sum.
The commissioners shall build upon such plans as seem to them most advisable, and shall arrange, with consent of the bishop, part of the church for pews to be disposed of and let, and the remainder to be free seats for ever to the inhabitants. The commissioners may fix the pew-rents, which shall form a provision for the minister and clerk. The commissioners, upon a due consideration of all the circumstances of the case, shall fix, with consent of the bishop, the minister's stipend and that of the clerk. In case of difference, appeal is to be made to the archbishop.
Where a third service with a
sermon, either in the existing churches or the new, appears necessary for the accommodation of the people, the bishop may require the incumbent to nominate a person to be licensed as a curate for that purpose; and the churchwardens are to let such a portion of the pews (not being held by faculty) as may afford the requisite stipend (unless where individuals agree to subscribe the amount); reserving, however, not less than one fourth for free seats. In case of individuals thus subscribing for a third service, each subscriber being a parishioner, and as long as he subscribes, is to have his choice of a pew, in proportion to the amount of his subscription, or, where the amount is the same, according to its date. Should the subscription fail to produce a sum adequate, in the bishop's opinion, to the duty, a proportion of pews is to be let to supply the deficiency. The salary, however, for this third service and sermon, shall never exceed 801. per annum, unless where raised entirely by subscription.
The patronage of the district churches is to be vested in the patron of the parish church; provided that, where any chapel shall be built, either in whole or part, by
rates raised in the parish, the nomination to the chapel shall be in the incumbent. Nothing in this Act is to interfere with the rights of nomination of Brazen Nose College, to chapels in the parish of Stepney, county of Middlesex.
The repairs of district churches or chapels are to be made by rates levied within the district. The divided district is, however, to remain liable for its share of the repain of the parish church for twenty years after the consecration of the new church or chapel. Deeds for securing the minister's salary are to be enrolled in chancery.
Two wardens are to be annually appointed for the new churches or chapels; one to be chosen by the incumbent of the church or chapel, and the other by the inhabitants of the district. The powers of the churchwardens relate to col lecting the rents, paying stipends and salaries, attending to the repairs, good order, &c. Where a church or chapel is built without a division of the parish into districts or new parishes, the old parish churchwardens shall perform these offices.
A pew near the pulpit, capable of containing six persons, shall be assigned to the minister and his family; and another, for four, in some other part, and not among the free seats, for his servants. Onefifth, at least, of the whole number of sittings shall be marked "Free Seats."
All subscribers, being parishioners, to the building of churches or chapels under the Act, shall have choice of pews according to the amount of their subscriptions; and, where these are equal, according to their order.
The rent of each individual pew shall be fixed by the commissioners, and specified in the consecration
deeds, and shall be payable at Christmas and Midsummer, in the vestry room of the church or chapel. The churchwardens, with consent of the bishop and incumbent, may alter the pew rents; in which case a new schedule shall be drawn up and signed by all parties. Pews in arrear may be sold, or the possessors sued.
No opening shall be made for any grave in the building or within twenty feet from the external walls, under a penalty of 50%. one half to the informer, and the other to the poor of the parish. Vaults, arched over with stone or brick, and to which access is to be had only by steps on the outside of the building are excepted from the prohibition.
The commissioners are to lay their proceedings, annually, before Parliament. Letters may be conveyed and received by them postage free. The powers of bishops are not to be entrenched upon by the provisions of the Act.
The Commissioners for executing this Act are
The Archbishops of Canterbury and York; the Bishops of London, Winchester, Lichfield and Coventry, Lincoln, and Chester; the Dean of Westminster; the Archdeacons of London, Middlesex, Essex, Nottingham, and Derby; the Rev. Doctors Mant, Wordsworth, and Whitaker; the Rev. J. Headlam; the Lord Chancellor; the Right Hon. the Earls of Har rowby, Liverpool, and Hardwick; Viscount Sidmouth; Lords Kenyon, Grenville, and Colchester; the Speaker; the Chancellor of the Exchequer; C. Bathurst, Esq.; Sir W. Scott; Sir John Nicholl; W. Huskisson, Esq.; F. Burton, Esq.; B. C. Stephenson, Esq; and Joshua Watson, Esq.
A LIST OF THE NEW HOUSE OF COMMONS.
H. Wrottesley Bramber..W. Wilberforce, J. Irving Breconshire..T.Wood jun. Brecon.... George Gould
Abingdon..John Maberley Brackley..R.H. Bradshaw,
Beaumaris..Thos. F. Lewis Bedfordshire.. Marquis of Tavistock, SirJ.Osborn bart. Bedford..Lord G. W. Rus
sell, Wm. H.Whitbread Bedwin..Sir John Nicholl bt., John Jacob Buxton Berealston.. Lord Lovaine,
Morgan Bridgenorth..Thos. Whitmore, Sir J.T. Tyrwhitt Jones bart. Bridgewater.. G. Pocock, William Astell Bridport.... Sir H. D. C. St. Paul bart., Henry Charles Sturt Bristol..R. H. Davies, E.
Protheroe Buckinghamshire.... Earl Temple, William Selby Lowndes Buckingham.. Sir G. Nugent bart., W. H. Free
Callington..Hon.E.Pyndar Lygon, Sir C. Robinson
knt. Calne.. Hon. J. Abercrombie, James Macdonald Cambridgeshire.. Lord F. G. Osborne, Lord C. S. Manners Cambridge.. Hon. Gen. E.
Finch, Gen. R.Manners Cambridge University.. Ld. Palmerstone,J. H.Smyth Camelford.. Mark Milbank, John Bushby Maitland Canterbury..S. R.Lushing ton, Lord Clifton Cardiff.. Lord P. J. H. C. Stuart Cardiganshire.... W. E. Powell Cardigan.. Pryse Pryse Carlisle..John C. Curwen, Sir James Graham bart. Carmarthenshire..Lord R. Seymour Carmarthen..Hon. J. F. R. Campbell Carnarvonshire....Sir R. Williams bart. Carnarvon.. Hon. C. Paget Boroughbridge....Marma- Castle Rising..Earl of Rock
Hon. J. Percy Berkshire..Hon R.Neville, Charles Dundas Berwick..A. Allan, H. H. St. Paul Beverley..J. Wharton, R. C. Burton Bewdley.. W. A. Roberts jun. Bishopscastle.. W. Clive, J. Robinson Blechingley.. M. Russell,
George Tennison Bodmyn.. D. Gilbert, T. Braddyll
duke Lawson, George Mundy R. N. Bossiney.... J. A. Stuart Wortley, Sir Com.Dom. ville bart. Boston..P. R. D. Burrell, W. A. Maddocks
Savage, Hon. F. G. Howard Cheshire.. D. Davenport, Wilbraham Egerton Chester.. Lord Visc. Belgrave, Lt. gen. T. Gros
Chichester..Earl of March, Right hon. W. Huskisson Chippenham....W. Miles, Marquis of Blandford Christchurch.. Right hon. G. H. Rose, Right hon. W. S. Bourne Cirencester.. H. G. Lord
Apsley, Joseph Cripps. Clitherow..Hon.R. Curzon, Hon. William Cust Cockermouth.. J. H. Lowther, Rt. hou. J.Beckett Colchester..J. B.Wildman, D. W. Harvey Corff Castle.... H. Banks, G. Bankes Cornwall..Sir W.Lemon bt. J. H. Tremayne Coventry....Peter Moore, Edward Ellice Cricklade.. J. Pitt, Rob. Gordon Cumberland .. J. Lowther,
Lord Viscount Morpeth Dartmouth.. A. H. Holdsworth, John Bastard Denbighshire.. Sir W. W. Wynne bart. Denbigh..J. W. Griffiths Derbyshire..Lord G. A. H.
Cavendish, E.M.Mundy Derby..H.F.C. Cavendish, T. W. Coke jun. Devizes .. T. G. Estcourt, J. Pearse Devonshire..E.P. Bastard, Viscount Ebrington Dorsetshire. W. M. Pitt, E. B. Portman Dorchester.. R. Williams, Sir S. Shepherd knt. Dover.. Sir J. Jackson bt. E. B. Wilbraham Downtou. Visc. Folkstone, Sir William Scott knt. Droitwich Hon. A. Foley, Earl of Sefton Dunwich.. Lord Huntingfield, Michael Barne Durham County....J. G. Lambton, Hon. W.J. F. Vane Powlett Durham.. M. A. Taylor, Richard Wharton East Looe..SirE. Buller bt., T. P. Macqueen St. Edmundsbury..Earl of Euston, Hon A.P.Upton Essex....J. A. Houblon, C. C. Western
Evesham....H. Howorth, Horsham.. Robert Hurst, Malmesbury.. C. Forbes, W. E. R. Boughton
G. R. Philips
Exeter.... W. Courtenay, Huntingdonshire..... Lord Malton. Visc, Duncannon,
R. W. Newman Eye.. Sir R. Gifford knt.,
M. Singleton Flintshire. Sir T. Mostyn
F. Montagu, Fellowes Huntingdon .. W. A. Montagu, J. Calvert Hythe. J. B. Taylor, J. Perring bart. Ilchester. Sir I. Coffin bt. G. W. D. Merest Ipswich R. A. Crickett, W. Newton
R. E. H. Somerset, Sir Kingston-upon-Hull.... J.
Grampound.. J. Innis, A. Robinson
Rt. hon. G. Tierney, Sir J. Macintosh knt.
bart., Hon. E. Cust
Great Grimsby..J. N. Fa- Lancaster.. G. Doveton,
J. Gladstone Launceston J. Brogden, Hon. P. B. Pellew Leicestershire. Lord R.W. Manners, C.M. Phillips Leicester. John Mansfield,
Thos. Pares jun. Leominster Sir J.W. Lubbock bt. SirW.C.Fairlie Lestwithiel Sir R.Wigram bart., A. C. Grant Lewes SirJ.Shelly bart., Sir George Shiffner bt. Lime Regis J. T. Fane,
V. Fane Lincolnshire. Hon. C. A. Pelham, C. Chaplin Lincoln C. W. Sibthorp, Ralph Bernal Liskeard.. Hon. W. Eliot, Maj.gen.SirW.H.Pringle Lichfield. Sir G. Anson, G. G. V. Vernon Liverpool.. Right hon. G. Canning, Lieut.-gen. I. Gascoyne
London.. M. Wood ald., T. Wilson, R.Waithman ald, J. T. Thorp ald. Ludgershall. S. Graham, Earl of Carhampton Ludlow Visc.Clive, Hon. R. H. Clive Lymingtou..Sir H. Neale bart., W. Manning
Hindon.. Hon. F. G. Cal-Maidstone..A.W. Robarts,
thorpe, W. Beckford Honiton..Hon. P. F. Cust, S. Crawley
George Longman Malden B. Gaskell, J. H. Strutt
J. C. Ramsden Marlborough.... Hon. J. Wodehouse, Lord Brudenell Marlow .. O. Williams, P. Grenfell
Mawes, St...Sir S. B. Mor
land bt., J. Phillimore Merionethshire..Sir R. W. Vaughan bart. Middlesex.G. Byng, W. Mellish
Midhurst S. Smith, J.
tou bart., W. Leake Milborne Port. Hon.Sir E.
Paget, R. M. Casberd Minehead. J. F. Luttrell, H. F. Luttrell Monmouthshire. Lord G. C. H. Somerset, Sir C. Morgan bart. Monmouth....Marquis of Worcester Montgomeryshire. C. W. W. Wynne Montgomery.. Hen. Clive Morpeth. Hon. W.Howard, W. Ord Newark..Lt.-gen. SirW.H.
Clinton, H.Willoughby Newcastle-und.-Lyne ..W. S.Kinuersly, R J.Wilmot Newcastle-upon-Tyne..Sir M.W. Ridley bart., C. Ellison Newport, Cornwall....W. Northey, J. Raine Newport, Hants... Sir L. T. W. Holmes bart, C. Duncombe Newton.... T. Legh, T. Claughton
Newtown .... H. Gurney, Hon. G. A. Pelham Norfolk..T. W. Coke, E Wodehouse Northallerton.. H. Peirse,
Lord Viscount Lascelles Northamptonshire. Visc. Althorp, W. R. Cart wright Northampton Earl Compton, Sir E. Kerrison Northumberland-Sir C.M. L. Monck bart., T. W. Beaumont Norwich. W. Smith, R. H. Gurney
Nottinghamshire .... Lord Bentinck, F. Franks Nottingham..J. Birch, B ron Rancliffe