s. 4. Bishops, &c.

may grant to reclor, &c. 20

the land given for the same was formerly limited. And this statute further provides, (s. 4.) that it shall be lawful for every archbishop and bishop, dean, dignitary or prebendary, having land belonging to their bishopricks, acres of land deanry, dignity, or prebend, near any church, and conbelonging to bivenient for a glebe for said church, not already endowed shopricks, &c. for glebe to with 20 acres of glebe, with the consent of his respective church not aldean and chapter, to grant any quantity thereof, not exready so en dowed. ceeding 20 acres plantation measure, to the rector or vicar, or other ecclesiastical person having the actual cure of souls, and their successors, at the moiety of the present yearly rent per annum, or for any greater sum; which rent shall be paid by such rectors, &c. and their successors, to the said bishop, dean, &c. and their respective successors for ever, by four equal portions, viz at the feasts of the annunciation, &c. of St. John baptist, St. Michael the archangel, and of the nativity of our Saviour; and, in case of non-payment, it shall be lawful for the said bishop, dean, &c, or their successors, to distrain or sue for the same, and all arrears thereof. And by s. 5. the said 20 Land so granted acres, or lesser quantity of land so granted, shall be reputo be the globe. ted as the glebe of the parish to whose incumbent and successors it is granted.

Moiety of

present rent to

be reserved payable by four equal portions,

S. 5.

New churches

deemed parish churches, though not built upon the ancient

P. 353.1. 2. The 53 Geo. 3. c. 66. I. recites, that in cases where it has been necessary to rebuild parish churches, doubts have been entertained whether any change could lawfully be made in the scite thereof, even within the li53 Geo. 3. c.66. mits of the church yard of the parish; and therefore

scites.

I.

enacts, that every church in Ireland which has been rebuilt within the last 50 years, shall be deemed to be the parish church of the parish or union in which it is situated, to all intents and purposes, notwithstanding the scite or position of such church shall be different from the old one; provided it has been erected on ground set apart as a church-yard for the parish; aud in all cases hereafter, Church-yard, &c. when it shall be necessary to rebuild any parish church, such new church shall be deemed to be the parish church, to all intents, &c. notwithstanding the scite of the new church shall be different from that of the old one: pro

Proviso as to its being built in

vided

church and

vided that such new church shall be erected on the ground set apart as a church-yard for the parish; and provided also that the plan of such new church, and the change in the position thereof, shall be approved by the archbishop of the province, and the ordinary of the diocess in which it is situated. And the 54 Geo. 3. c. 117. I. recites the 54 Geo. 3.c.117. clause of the 33 Geo. 2. c. 11. Ir. which enabled archI. Rectors or vicars bishops, bishops, deans, deans and chapters, archdeacons, may grant an dignitaries, or prebendaries, and bodies corporate, as also acre of their glebes for the persons seised in fee simple or fee tail, or for life with scite of a new remainder over to their issue, to grant land, not exceed church-yard. ing one acre, as a scite for a church and church-yard; and enacts, that it shall be lawful for any rector or vicar of any parish or united parishes in Ireland, with the consent of the bishop of the diocess, by deed executed by such rector, &c. with such consent as aforesaid, testified by the execution of such deed by such bishop, to grant any part of the glebe land belonging to such rector, &c. not exceeding one acre plantation measure, to the churchwardens of said parish and their successors for ever, as the scite of any new church to be built for the use of such parish, and for a church-yard for the use of the parishioners, or to improve and extend the church-yard of any parish; and such grant shall be good against such rector, &c. and his successors, and the church-wardens and their successors shall be capable of receiving such grant. And the 56 Geo 3. c. 141. E. & W. also provides, 56 Geo. 3.c.141. that it shall be lawful for any spiritual or ecclesiastical body corporate, or spiritual person being a corporation corporations sole, possessing any land adjacent to any cemetery, church- may alienate yard or burying ground, to sell, by indenture of bargain ing cemeteries. and sale, inrolled in chancery within 6 calendar months, for the purpose of consecration, such portion thereof as may be necessary for enlarging such cemetery, &c. not exceeding one acre. Provided (s. 2.) that in case of any spiritual person, being a corporation sole, the consent of Consent of bithe bishop of the diocess or ordinary, and of the patron of required. the living held by such corporation sole, shall be testified by their being parties to the alienation of the said land;

and

E. & W.

Ecclesiastical

land, for enlarg

s. 2.

shop and patron

conveyed in er

change.

If under how applied.

Value of land to and that previously thereto the value of such land shall be be ascertained. ascertained, and, together with a description thereof, be committed to writing by some competent person, to be named by the ordinary; which person so appointed shall verify the same on oath, before a justice of the peace for the county, town, or district, in which such land is situated; and in case the value shall appear to exceed £100, other If above £100. other lands to be lands, of at least an equal value, estimated and verified in manner aforesaid, shall be legally conveyed to and for the same uses as the lands conveyed by the said spiritual persons or corporations sole, and as the consideration thereof; and in case the value shall appear not to amount to £100. but shall exceed £20. such value shall be paid to the governors of the bounty of queen Anne, for the augmentation of the maintenance of the poor clergy, to be by them used and applied for the benefit of such spiritual person or corporation sole, in the same manner as they are now empowered by law to apply other sums coming into their hands; and in case the value shall not amount to £20. the same shall be paid in money to such spiritual person, &c. to be by him applied at his own discretion. Provided (s. 3.) that no alienation made by virtue of this act shall be questioned after 20 years from the time of such alienation, on account of any want of compliance with the forms prescribed by this act. And by s 4. all ground which has been or shall be consecrated as burial ground shall, after 20 years from such consecration, be considered as discharged from all adverse titles, claims and demands, and as absolutely vested in the trustee or trustees, if any, thereof; and if there should not be any such trustee, then in the vicar or perpetual curate, if any, for the time being; and if there should not be any vicar or perpetual curate, then in the rector for the time being of each parish in which such burial ground is or shall be situate.

8. 3.

Title not questioned for form, after 20 years.

8. 4.

Burial ground discharged of adverse titles

after 20 years.

Church-rates and parish

cesses, not exceeding £10.

P. 353. l. 11. The 53 Geo. 3. c. 127. E. enacts, (s. 7.) that if any one duly rated to a church rate or chapel rate, the validity whereof has not been questioned in any ecclemarily before 2 siastical court, shall refuse or neglect to pay the sum at justices of peace. which he is so rated, it shall be lawful for any one justice

recovered sum

55 Geo.3. c.127

s. 7. E,

of

of peace of the same county, riding, city, liberty, or town corporate, where such church, &c. is situated, upon the complaint of any church-warden or chapel-warden who ought to receive and collect the same, by warrant under the hand and seal of such justice, to convene before any 2 or more such justices of the peace any person so refusing, &c. to pay such rate, and to examine upon oath into the merits of said complaint, and, by order under their hands and seals, to direct the payment of what is due in respect to such rate, so as the sum directed to be paid do not exceed £10 above the reasonable costs and charges to be ascertained by such justices; and upon refusal or neglect of such party to pay according to such order, it shall be lawful for any one of such justices, by warrant under his hand and seal, to levy the money thereby ordered to be paid, together with such costs, &c. by distress and sale of such offender, his executors or administrators, rendering the overplus, the necessary charges of distraining being thereout first deducted; and any person aggrieved by any judgment given by such 2 or more justices, Appeal to quar may appeal to the next general quarter sessions to be held for the county, &c. wherein the church, &c. is situated, and the justices there present, or the major part of them, shall finally determine the matter; and if the justices shall affirm the judgment, the same shall be decreed, with costs, against the appellant, to be levied by distress, &c.: provided that in case any such appeal be made, no warrant of distress shall be granted until after such appeal be de termined: provided also that nothing herein shall alter or Saving for ecinterfere with the jurisdiction of the ecclesiastical courts clesiastical juto determine causes touching the validity of any church rate &c.exceeds rate or chapel rate, or from proceeding to enforce the £10. payment of any such rate, if the same shall exceed £10.: provided likewise, that if the validity of such rate, or the liability of the person from whom it is demanded to pay justices superthe same, be disputed, and the party disputing the same seded, if valigive notice thereof to the justices, they shall forbear giving liability of perdity of rate, or judgment thereupon, and the person demanding the same son, questioned. may then proceed to the recovery of his demand, ac

cording

ter sessions.

risdiction where

Jurisdiction of

cording to due course of law, as heretofore accustomed : and provided that nothing herein shall affect any regulations that may have been made by authority of parliament, respecting the church rates, &c. of any particular parishes or districts. The 54 Geo. 3. c. 68. I. contains a similar clause (s. 7.) with respect to Ireland; but contains this respect to re- further proviso, that nothing herein shall alter or make void any clause, &c. respecting the rebuilding and repairing of churches contained in the 12 Geo. 1. c. 9. Ir.

54 Geo. 3. c.68. s. 7. I.

Similar law with

land.

Persons holding

Of the Civil State.

P. 360. l. 8. The 57 Geo. 3. c. 45. U. K. provides, offices under the that every person who, upon the day of the demise of his crown, uring pleasure, may, present majesty, shall hold any office, civil or military, at the demise under the crown, during pleasure, shall, by virtue of this of his majesty, continue to hold act, without any new or other patent, commission, warduring pleasure rant, or authority, continue and be enabled in all respects, of successor. 57 Geo.3.c.45, notwithstanding such demise, &c. to hold the same; but,

U. K.

nevertheless, the same shall be enjoyed only during the pleasure of the king or queen who shall succeed to the crown, and shall be determinable in like manner as any office, &c. to be granted during the pleasure of such succeeding king or queen: provided that nothing in this act shall deprive the heirs and successors of his majesty, kings or queens of this realm, of the power of removing and discharging any persons from their respective offices, places and employments.

commissioned

Of the Military and Maritime State.

Additional non- P. 365. l. 4. The 53 Geo. 3. c. 81. G. B. provides, oirs appoint- (s. 5.) that it shall be lawful for the commandant of any ed for supernu- regiment, &c. of militia, with the approbation of his merarics of majesty, to appoint additional non-commissioned officers 53 Geo 3. c. 81. and drummers to such regiment, &c. in the proportion of

militia.

S. 5. G. B.