3 Geo. IV.

c. 72.

150 i missioners and the then Incumbent of the parish, for all fees, oblations. No.XLVIII. offerings, and other ecclesiastical dues which may by such conversion be transferred to the minister of such separate and distinct or district parish so to be made; and every such conversion shall be made under the seal of the said Commissioners, and registered in the registry of the diocese in which the parish shall be locally situate, and inroiled in the High Court of Chancery, and duplicate thereof shall be lodged in the chest of the original parish church, and in the church or chapel of the separate and distinct or district parish.

XVII. And be it further enacted, That in every case in which marriages are allowed, under any of the provisions of the said recited Acts or either of them, to be solemnized in any chapel of a district chapelry, and in which the parties, or either of them, contracting such marriage, shall reside in the district of the chapelry, or in any other district of any chapelry, the banns of marriage shall be published in the chapel or chapels of each of the districts in which such parties respectively reside, and no publication of such banns in any other church or chapel shall be legal valid or effectual for the purposes of such marriage; any thing in the said recited Acts or either of them, or any other Act or Acts of Parliament contained to the contrary notwithstanding.

Where marriages are allowed to he celebrated in district chapelries, the banns of

marriage shall

be published in the chapels of the districts.

All Acts relating to publishing banns of

marriage and to marriages, &c. to apply to churches and

chapels of extra-parochial places and dis

churches and

XVIII. And be it further enacted, That all Acts of Parliament, laws and customs relating to publishing banns of marriage, and to marriages christenings churchings and burials, and the registering thereof, and to all ecclesiastical fees oblations or offerings, shall apply to all extraparochial places and to all divisions and districts of any extraparochial places, in and for which any churches or chapels shall be built or appropriated, under the provisions of the said recited Acts or this Act, and to the churches and chapels thereof, and to the ecclesiastical persons having the cure of souls therein, or serving the same, in like manner, in every respect, as if the same respectively had been ancient separate tricts. and distinct parishes and parish churches by law, to all intents and purposes. XIX. And be it further enacted, That when and so soon as barns of When banns marriage may be published, and marriage celebrated and solemnized, in may be publishany church or chapel under the provisions of the said recited Acts or this ed and marAct, the Bishop of the diocese within which such church or chapel shall riages celebrat. be locally situate, whether in any parish or extra-parochial place or other-ed in any wise, shall certify the same, and such certificate shall be kept in the chest of the church or chapel with the books of registry thereof, and a copy thereof shall be entered in the books of registry of banns and marriages, and a duplicate of such certificate shall be registered in the registry of the diocese, and such certificate shall be deemed and taken to be conclusive evidence in all Courts, and in all questions relating to any banns published or marriages celebrated or solemnized in any such church or chapel, that the same might, according to law, respectively be published and celebrated and solemnized in such church or chapel; and that all banns published, and marriages celebrated solemnized and had in any such church or chapel, according to the laws and canons in force within this realm in that behalf, shall, after the granting of such certificate, be good valid legal and effectual to all intents and purposes whatsoever: Provided always, that no banns or marriages respectively Marriages not published celebrated soleninized or had, according to the laws and to be invalid canons in force within the realm in that behalf, in any church or chapel for want of in which the same are authorized to be respectively published celebrated such certificate, solemnized and had by the said recited Acts or this Act, or either of if had in the them, shall be or be deemed or taken to be invalid or illegal or void or voidable, by reason of any such certificate not having been duly given, or registered or entered as herein-before required.

XX. And whereas doubts may arise as to the repairs of churches or chapels acquired and appropriated, or built or enlarged or improved in aid of the churches of parishes or places, under the provisions of the said recited Acts or this Act; for remedy and prevention thereof, be it en

chapels, the Bishop of the diocese to certify the same.

churches authorized by the Acts.

All chapels belonging to parishes with or without districts assigned,

to be repaired by the parishioners at large, in the same manner as the church of the parish.

3 Geo. IV. c. 72.

[Part I. No.XLVIII. acted, That all chapels acquired and appropriated, or built or enlarged and improved under any of the provisions of the said recited Acts, or under any local Acts, in cases in which no provision is made relating thereto in such local Acts, in aid of the churches of the parishes or places in which they shall be situated (whether any districts of any such parishes shall have been assigned or not to such chapels as belonging thereto for ecclesiastical purposes), shall be repaired by the respective parishes or places at large to which such chapels shall belong, and rates shall be raised levied and collected for that purpose in like manner in every respect as for the repair of the churches of such parishes and places, and all the laws in force for making, raising, levying, and collecting rates for the repair of churches, shall be applied and put in force for the raising making levying and collecting such rates for the repair of such chapels, as fully and effectually to all intents and purposes as if the same were severally separately and specially repeated and re-enacted in this Act for that purpose, as to the repairs of such chapels; any thing in the said recited Acts, or any other Act or Acts of Parliament to the contrary notwithstanding.

XXI. And be it further enacted, That it shall be lawful for the said Commissioners, and they are hereby authorized and empowered, in any case in which any division of any parish already divided, or which may hereafter be divided under the provisions of the said recited Acts or this Act, shall be again divided, and on which any church or chapel shall be built or acquired and appropriated for the use of any such new division, by any instrument under the seal of the said Commissioners, to declare that all liability to any repairs of the church or chapel of the division from which such new division shall be so made as aforesaid shall cease from the period specified in any such instrument; and thereupon, from and after such period the new divison in which any such church or chapel shall be built acquired and appropriated, shall be liable only to the repairs of such church or chapel, and to the repairs, for whatever periods shall remain of the twenty years under the said recited Act, of the church of the original parish; any thing in the said recited Acts to the contrary notwithstanding.

XXII. And be it further enacted, That it shall and may be lawful for the said Commissioners, with the consent of the Bishop and Patron entitled in fee simple, in cases where the said Commissioners may not deem it expedient to divide any parish for ecclesiastical purposes, or create separate districts for ecclesiastical purposes therein, either to make a permanent rent charge on or to apportion any portion not exceeding a moiety of the glebe lands tithes moduses or other emoluments, for the benefit of the Incumbent of or person serving any such chapel or chapels in any such parish, as in their discretion they may think expedient: Provided always, that the presentation of every such endowed chapel shall be vested in the Patron of the church to which such chapel or chapels may appertain.

XXIII. And be it further enacted, That it shall be lawful for the said Commissioners to transfer any rights to any pews, with the consent of the owners thereof, in any existing church or chapel, belonging to any person residing in any division of any parish or place in which any new church or chapel shall have been or shall be built, acquired, or appropriated under the provisions of the said recited Acts, to the church or chapel of the division in which any such person or persons shall reside, for the purpose of enabling the said Commissioners to make or increase the number of free seats in the church or chapel from which such right shall be transferred; and the persons from whom any pews shall be so taken for such purpose as aforesaid, and to whom any pews in lieu of their former pews shall be assigned by the said Commissioners in any other church or chapel, shall have hold and enjoy the same respective rights and titles to the pews so assigned, as they respectively had held and enjoyed in their former pews, or such right and titie as shall be directed and set forth in such assignment in lieu thereof, without any faculty instrument or other process than such assignment as aforesaid; and

every such assignment shall be registered in the registry of the diocese in which the church or chapel shall be, and a duplicate thereof deposited in the chest of the church or chapel in which any such pew shall be so assigned as aforesaid: Provided always, that no larger or greater or other right shall be given to any pew in any new church or chapel, upon any such transfer than belonged to the owner proprietor or occupier of the pews in the existing church or chapel, in the pews in respect of which any such transfer shall be made.

XXIV. And be it further enacted, That in every case in which rents shall have been fixed upon the pews in any church or chapel under the provision of the said recited Acts for the purposes therein specified, notice shall be given for six successive weeks at the end of each year of all the pews which are vacant or which will become vacant at the commencement of the next year, by affixing the same in writing upon the doors of the church or chapel and vestry room thereof respectively; and all such pews as shall not be taken at the rent respectively fixed thereon within fourteen days after the commencement of the ensuing year, shall in every such case be let to any inhabitant of any adjoining parishes or places in which there shall not be sufficient accommodation in the churches and chapels of the parish or place for the inhabitants thereof, at the rent respectively so affixed upon such pews, for any term not exceeding the end of the year; and at the expiration of the year, and also of every succeeding year in which any such pews shall be rented by inhabitants of any adjoining parishes, such pews shall be inserted in the list of vacant pews, to be taken in preference by the inhabitants of the parish or place to which the church or chapel shall belong; and all such pews as may not be so taken by any inhabitant of the parish or place may again be let, and so on from year to year, to any inhabitants of any adjoining parish or place; any thing in the said recited Acts to the contrary notwithstanding.

XXV. Provided always and be it further enacted, That in case any For avoidance inhabitant to whom any lease or demise of any pew seat or sitting in of pew Leases. church or chapel, of the parish or place or division or district of which he shall be an inhabitant, shall be granted for any longer term than one year, shall cease to be an inhabitant of the said parish, place, division, or district, or shall discontinue his or her attendance at the church or chapel for the space of any one year, then and in every such case his her or their lease, demise, term, estate, and interest in such pew seat or sitting respectively shall, at the end or expiration of the then current year of the said term or period, cease and determine to all intents and purposes whatsoever; and such pew, seat, or sitting shall and may be again let in like manner herein-before mentioned.

XXVI. And be it further enacted, That it shall be lawful for the said Commissioners to authorize and empower any parish, chapelry, township, or extra-parochial place, which shall be desirous of procuring a burial ground, or adding to any existing church or chapel yard or cemetry, to procure and purchase any such land or ground as may in the opinion of the Commissioners be sufficient and properly situated for a church or chapel yard or burial ground, or as an addition to any existing church or chapel yard or cemetery (whether such land or ground shall be situated within the parish or place for the use of which the same shall be intended), and to make, raise, levy, and collect rates for purchase thereof, or for the repayment with interest of any money borrowed for the making such purchase, at such times and in such proportions as shall be agreed upon with the person or persons advancing any such money and approved of by the said Commissioners; and the churchwardens or chapelwardens or persons authorized under the said recited Acts to make rates for any of the purposes of the said recited Acts, of any such parish, chapelry, township, or extra-parochial place, may and shall in every such case use and exercise all the powers and authorities in the said recite 1 Acts for the purpose of making and completing such purchases, and also all the powers and authorities in the said recited Acts specified as to making raising and levying any rates for any of the purposes of the said recited Acts; and when VOL. I. M*

Parishes may, with consent of Commissioners, procure and buy additional Burial Grounds.

No. XLVIII.

3 Geo IV.

c. 79.

To remove

doubts as to allowance of du ties upon mate rials for rebuild ing or enlarging

of Churches, &c.

Grants, Instruments, Contracts,or Bonds, not to be sub. ject to stamp duty.

Titles to Sites not to be questioned after five

years.

any such land or ground so purchased shall be situate out of the bounds of the parish or place for which the same is intended, the same shall after consecration become and be deemed part of such parish or place; any thing in any Act law or custom to the contrary notwithstanding.

XXVII. And whereas provision is made in the said recited Act of the fifty-ninth year aforesaid, for authorising the remitting and allowing of duties of customs and excise upon materials used in the building of churches or chapels under the provisions of the said recited Acts; and doubts may arise as to the allowing or remitting of such duties in cases of rebuilding or enlarging or increasing the accommodation of churches and chapels; for remedy and prevention thereof, be it therefore further declared and enacted, That it shall be lawful for the Commissioners of customs and exeise of England, Ireland, and Scotland respectively, with the consent and under the authority in writing of the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or of any three or more of the Commissioners of his Majesty's Treasury for the time being respectively, to remit all or any proportion of the duties of customs or excise respectively, or to order the same to be drawn back or repaid, for upon or in respect of any stone, slate, bricks, timber, or other materials which shall have been or shall be boná fide procured for, and have been or shall be used in the rebuilding, or enlarging or increasing the accomodation of any churches or chapels under the provisions of the said recited Acts or this Act, or which have been built or enlarged or increased with the approbation of the Commissioners (and which approbation may be at any time certified under their seal); and such duties shall, in every such case, be remitted drawn back or repaid, as the case may he, under such rules regulations and restrictions, and in such manner as shall be ordered and directed by the Lord High Treasurer, or any three or more of the Commissioners of his Majesty's Treasury in that behalf; any thing in any Act or Acts of Parliament to the contrary notwithstanding.

XXVIII. And whereas by the said recited Act of the fifty-ninth year aforesaid, the Commissioners for managing the duties upon stamped vellum parchment and paper, are authorized to allow the full amount of stamp duties upon instruments made in relation to the said recited Acts; and it is expedient to make other provisions in relation to such stamp duties; be it therefore enacted, That no deed of gift, or grant, security, contract, agreement, deed, or conveyance, or other instrument, made for any of the purposes in the said recited Acts mentioned, or for any other of the purposes or under any of the provisions in the said recited Acts or either of them, or of this Act, or for the carrying into execution any of the powers, authorities, regulations, purposes, or provisions thereof, or therein mentioned respectively, shall be subject to any of the duties upon stamped vellum parchment or paper; any thing in any Act or Acts of Parliament to the contrary notwithstanding.

XXIX. And be it further enacted, That from and after the expiration of five years after the transfer or conveyance of any messuages, lands, grounds, tenements, or hereditaments, to the said Commissioners, or to any person or persons for the use of any parish or place, as a site for any church or chapel, or any church or chapel yard or cemetery, whether such transfer or conveyance shall have been by gift or grant, or upon or in pursuance of any sale or purchase under the provisions of the said recited Acts or this Act, although no church or chapel shall have been before the expiration of the said five years erected or built and consecrated upon such site, the said messuages, lands, grounds, tenements, or hereditaments shall become and be and remain absolutely vested in such Commissioners, or the person or persons to whom the same was conveyed, for the pur poses of the said Acts and this Act, free from all demands or claims of any body politic or corporate, or person or persons whatever, and without being thereafter subject to any question as to any right title or claim thereto, or in any manner affecting the same.

c. 72.

the endowments, &c. of existing

Churches, &c. to those Churches built in lieu thereof, upon certain conditions.

XXX. And be it further enacted, That it shall be lawful for the said No.XLVIII. Commissioners, and they are hereby authorized and empowered, by any 3 Geo. IV. instrument under seal, with the consent of the Ordinary and of the Patron and Incumbent of any parish or place in which any new church or chapel shall have been built, or shall be built, acquired, or appropriated for the use of such parish or place, instead of the old church or chapel of Commissioners such parish or place under the provisions of the said recited Acts may transfer or this Act, to authorize and direct the transfer of the endowments, emoluments, or rights of or belonging to the old or existing church or chapel of such parish or place, or to the minister for the time being thereof, to any such new church or chapel so built acquired or appropriated in such parish or place, and to the Minister thereof for the time being and his successors; and it shall be lawful in every such case for any trustees of any chapel, or of any rights, emoluments, or endowments of or belonging to any church or chapel, or to the Incumbent of any church or chapel for the time, and they are hereby required to transfer all such rights emoluments and endowments according to the direction of the said Commissioners as aforesaid: Provided always, that in every such case the inhabitants of the parish or place in which such new church or chapel shall be built shall raise and pay to the said Commissioners, towards the expenses of such new church or chapel, either by subscription or rate, such sum at the least as would have been necessary for the repair of the old church or chapel, in case such new church or chapel had not been built, and such further sum as the inhabitants of such parish or place would have been liable to raise in such parish or place, for any purposes relating to the effectual and sufficient reparation of and maintaining such old church or chapel, or the cemetery thereof, or any other expense incident thereto, or to which such parish or place would have been liable in respect thereof, in case such new church or chapel had not been built; and immediately from and after any such transfer as aforesaid, all tithes or tenths, moduses or other compositions for tithes or tenths, and all emoluments, dues, fees, offerings, oblations, obventions, and other profits and advantages, and all messuages, glebe and other lands, tenements or hereditaments, rents, sums of money, or real or personal chattels whatsoever, and all rights and privileges wheresoever, and of what nature or kind soever, wherewith any such old or existing church or chapel then is, or at any time theretofore had or ought to have been, or at the time of such substitution of such new church or chapel for any such old or existing church or chapel may be endowed, or to which the Minister thereof then is or at any time theretofore was or ought to be entitled, with all the respective rights, privileges, members, easements, and appurtenances thereto belonging, or in anywise appertaining, or to or with the same, or any part thereof, had, held, used, or enjoyed, or accepted, reputed, deemed, taken, or known, as part parcel or member thereof, or as belonging to such Minister; and the same, together with all reversion and reversions, remainder and remainders, yearly and other rents, issues, estates, rights, interests, dividends, emoluments, and profits of all and singular any such messuages, lands, hereditaments, rents, or sums of money, shall severally and respectively become and be vested in the Parson or Minister for the time being of the new church or chapel, and his successors for ever, in as full and ample a manner as the Parson or Minister of the old or existing church or chapel might or could have had received and enjoyed the same, in case such substitution or transfer had not been made and passed; and every such substitution and transfer shall be registered in the registry of the diocese within which the place shall be locally situate, and enrolled in the High Court of Chancery; and all Acts of Parliament laws and customs relating to the publishing of banns of marriages, and celebration of marriages, christenings, churchings, and burials, and the respective registering thereof, and to all ecclesiastical fees oblations and offerings, shall apply to every such new church,' in like manner in any respect as to the old church of the parish or place.