STAT. 3 GEO. 4, c. 72. chapel, whether contiguous to old site or not. Fines for renewals at the time of lands, &c. taken, shall be paid to the person entitled to renew. direct grants of to be made to any other persons specified by them for that purpose, any such land or ground, or additional land or ground, as may in the judgment of the said commissioners be required for the enlarging or improving any church or chapel, and also any land or ground which may be required or be convenient for the rebuilding of any church or chapel, whether contiguous or not to the present site thereof; and all the powers, authorities, clauses, and provisions in the said recited acts or either of them, or in this act contained, in relation to the obtaining or procuring any lands or grounds, or requiring any lands or grounds to be provided or furnished by any parishes or places for any sites for additional churches, or any other purpose of the said recited acts, shall extend and be construed to extend to the obtaining, procuring, requiring, accepting, or receiving, under the authority of the said recited acts or this act, or either of them, any lands or grounds for the purposes aforesaid, as fully and effectually to all intents and purposes as if all such powers and authorities had been given, and all such clauses and provisions had been repeated and re-enacted in this act, as to such lands and grounds. Commissioners "IV. And be it further enacted, that in every case in which any lands, tenements, hereditaments, or any interest in or arising out of any lands, tenements, or hereditaments, shall be given up, sold, or surrendered by, or taken, under the provisions of the said act or this act, from any body politic or corporate or person, and which any such body politic, corporate, or person shall be entitled to take any fine or fines upon the renewal of any life or lives, or of any lease or leases upon or of any such lands, tenements, or hereditaments, the amount of the value of the interest of such body politic or corporate or person which would arise out of the renewal of such life or lives or lease or leases, if the same were renewed at the time of such lands, tenements, or hereditaments being so given up, sold, surrendered, or taken, shall be paid to the body politic, corporate, or person entitled thereto, out of the principal sum ascertained under the provisions of the said recited acts as the value of such lands, tenements, or hereditaments; and the remainder of such principal sum shall be applied under the provisions of the said recited acts or this act. "V. And be it further enacted, that it shall be lawful for the commissioners under the said recited acts and this act to lend and advance to any parish or place any such sum as to the said commissioners may appear to be required and expedient to lend and advance, for building of any additional church or chapel or churches or chapels, or rebuilding or in aid of building or rebuilding any church or chapel, or for or towards completion of the building or rebuilding of any church or chapel already commenced or in part built or rebuilt, or for the payment or part payment of any expenses, or sums due or to become due upon any contract heretofore made, or which may hereafter be made, for any such building or rebuilding, or for the completion of any such building or rebuilding, or for enlarging or in aid of the enlarging or improving any church or chapel in any parish or place, or for the purchase or in aid of the purchasing of any land or ground for any site for any church or chapel, or church or chapel yard or cemetery, or enlarging any site of church or chapel yard or cemetery, or for carrying into execution any other purposes of the said recited acts or this act, for any such period or term as the commissioners shall think fit, upon payment for any such loan or advance of such annual interest, not exceeding five pounds per centum per annum, or without any interest, if under special circumstances they shall think it expedient and fit, either for any part or for the whole of the term or period for which such loan or advance shall be made, as the said commissioners shall, under all the circumstances, judge proper; and such loans and advances shall be repaid at such times and in such charged on the manner and by such instalments as shall be settled by the commissioners in that Loans to be church rates. behalf, and shall be charged and chargeable upon the church rates of the parishes or places, or upon rates to be made for that purpose, as is provided in the said recited acts in relation to advances authorized by the said recited acts; and the amount of all such advances, when repaid, and of all interest paid upon any such advances to the said commissioners, shall be applied to the purposes of the said recited acts and this act, anything in the said recited acts or either of them to the STAT. 3 GEO. contrary notwithstanding; and it shall be lawful for the church or chapel wardens 4, c. 72. of any such parish or place, and they and each of them are hereby empowered, authorized, and required, to declare any such loan or advance, and also every other loan or advance made under the authority of the said recited acts and this act, to be applied to any of the purposes thereof, to be chargeable and charged upon the church rates of such parish or place, by any instrument in the form hereinafter mentioned, or in such other form, being as near thereto as the nature of the case will admit or the circumstance of the case shall require : "Whereas his majesty's commissioners for building new churches, acting Form of charge under the authority of and in pursuance of the provisions contained in the several upon rates. acts passed for the building and promoting the building of churches in populous parishes, or A. B. of and C. D. of have [recite shortly the loan and circumstance, and terms, et cætera]; we therefore, or I, A. B., being of the church [or chapel] wardens of [describe them] do, by these presents, charge the said [describe the parish or place] with the said sum of and with the repayment thereof, according to the terms and conditions above stated; and do hereby, in pursuance of the provisions of the said acts, or some or one of them, declare that the said sum of is and shall continue to be chargeable and charged upon the church [or chapel] rates now raised or hereafter to be raised in the said [parish, et cætera,] until the said sum of together with the interest, is fully repaid, according to the terms and conditions above set forth. Witness, et cætera.' "VI. And be it further enacted, that it shall be lawful for the church or chapel wardens of any parish or place, in which any sum or sums of money is or are authorized or required to be raised for any of the purposes of the said recited acts or this act, to raise any such sum or sums of money, or any part or proportion thereof, by the grant or grants of any annuity or annuities: provided always, that no larger or greater rate of annuity shall be granted or given upon any life or lives for any money advanced than is specified in the tables annexed to an act passed in the thirty-sixth year of the reign of his late majesty King George the Third, 36 Geo.3, c.52. intituled, 'An Act for repealing certain Duties on Legacies and Shares of Personal Estates, and for granting other Duties thereon in certain Cases.' Money may be raised by annuities. make grants or “VII. And be it further enacted, that it shall be lawful for the said commis- Commissionsioners, and also for any parish or place for which any act or acts of parliament ers, &c. to shall have been passed in relation to the building or rebuilding or enlarging any church or chapel, or enlarging or procuring any church or chapel yard or cemetery, to make any grants or loans, or give or grant any other aid or assistance in procuring sites for churches or chapels, or land or ground for such church or chapel yards or cemetery, or any addition thereto, and to use, enforce, and apply all the powers, authorities, claims, regulations, and provisions in the said several acts and this act contained, for carrying into execution any of the purposes thereof; anything in any act or acts relating to any such parish or place to the contrary notwithstanding. loans for pro- other acts for "VIII. And be it further enacted, that in every case in which any parish or Commissioners place shall not have been able or shall not hereafter be able to procure any land or ground for the building or rebuilding any church or chapel, or enlarging any existing church or chapel, or for the making of any yard to any church or chapel, or for any cemetery, or for enlarging any yard to any church or chapel, or any cemetery, by reason of the inability of any person or persons, body or bodies, interested in such land or ground or any part thereof, to convey or make a good title to the same, freed and discharged from all incumbrances; or that any such person or persons, or body or bodies, shall be unwilling to treat for the sale thereof, or cannot agree for such sale and purchase; then and in every such case it shall be lawful for the said commissioners, and they are hereby authorized and empowered, if upon consideration of all the circumstances of the case they shall think proper, to take such land or ground for any such purpose as aforesaid, for any such parish or place; and it shall be lawful for the said commissioners in every such case to empowered to take land for parishes on paying the value assessed. STAT. 3 GEO. 4, c. 72. Apportioning of quit or other reserved rents. In cases of division of "IX. And be it further enacted, that whenever any quit, chief, or other rent or rent-charge, either for term of years, or for life or lives, or in fee, shall be reserved upon or payable out of any lands, tenements, or hereditaments, part of which may be given, sold, or taken, under the provisions of the said recited acts or this act, for the purposes thereof respectively, and difficulties may arise as to the apportioning such rents, and enonerating the portions of any such lands, tenements, or hereditaments so given, sold, or taken for any claim in respect of such rents, and as to the effectually charging the remainder of such lands, tenements, or hereditaments, with the remainder of such rent, it shall be lawful for the public or corporate body or trustees, or other persons giving or selling any such portion of any such lands, tenements, or hereditaments, or from whom the same may be taken under the provisions of the said recited acts or this act, to apportion any such rent, with the consent and concurrence of the said commissioners; and the lands, tenements, and hereditaments, used and applied for the purposes of the said acts or this act shall in every such case be wholly exonerated from any such rents or any part thereof, but the remaining part of such lands, tenements, or hereditaments, shall not be thereby discharged from the remaining part of the rent fixed by any such apportionment, and the rent so apportioned shall in every such case be deemed the entire rent upon the remaining part of such lands, tenements, and hereditaments; and all remedies by distress, entry, action, or otherwise, which might have been used and applied for the recovery of the original entire rent, shall be used, enforced, and applied for the recovery of the rent fixed by such apportionment. "X. And be it further enacted, that in every case in which any parish or place shall be divided into separate parishes for ecclesiastical purposes, or into separate districts or chapelries, in which select vestries shall be appointed by the commissioners for such parishes under the provisions of the said recited acts, all the memhers of or persons belonging to the select vestry of the original parish, who shall reside in or belong to the district or division of the original church or chapel of the parish or place, shall continue to act as the vestry of such district or division, and of the church or chapel thereof, in all matters relating to such church or chapel and the trymen of such repairs thereof, (or to any other ecclesiastical matters or things, or in the distribution to act as ves district for ecclesiastical purposes. Vestrymen to act only in the division of their residence. parish, vestry men being resident in the district left to the original parish church shill continue How deficiency of vestrymen is to be supplied. use, apply, and put in force all such of the powers and authorities of the said recited acts or this act respectively as may be necessary for the assessing, ascertaining, and paying the value, and taking and giving possession of any such land or ground; and all the powers and authorities in the said recited acts and this act contained, in relation to the assessing or ascertaining and to the paying the sums assessed on the value of, and to the taking and giving possession of sites for churches to be built under the said recited acts and this act, shall extend and apply to the assessing and ascertaining, and to the paying the sums assessed as the value, and to the taking and giving possession of such land or ground, as fully and effectually to all intents and purposes as if the same were severally and separately repeated and re-enacted for the purposes aforesaid; anything in the said recited acts, or either of them, or this act, to the contrary not withstanding. of any proportion of any bequests, gifts, or charities, which may under the provisions of this act be assigned to any such district or division,) anything in the said recited acts or this act to the contrary notwithstanding: provided always, that no member of any select vestry of any such parish or place shall, after any such division as aforesaid, act in relation to any matters or things relating to any church or chapel, or churches or chapels, or any repairs thereof, or any matters or things relating thereto, or any other ecclesiastical matters or things, except such as are within or belonging or relate to the division in which he shall reside; and if by reason of any such division as aforesaid a sufficient number of such members of select vestry shall not remain resident in the division of the parish or place within which the original church or chapel of the parish or place shall be situate, according to such proportion as shall be affixed by the commissioners on that behalf, regard being had to the population of such division, and the relative proportion thereof to the population of the whole parish or place, all such deficiencies shall be filled up as deficiencies or vacancies in such parish or place have been heretofore filled up in such parish or place: provided always, that no member of any such select vestry STAT. 3 GEO. or inhabitant of any such parish or place shall vote in the supplying such deficien- 4, c. 72. cies, unless resident within the division of the parish or place for which the member or members to supply deficiencies are to be chosen; provided also, such persons so chosen shall not by reason thereof be deemed members of the vestry of any such parish or place for any other purposes than such as relate to the church or churches, or chapel or chapels, or the ecclesiastical affairs of the division of the parish or place for which they shall be so chosen, or for the distribution of any charitable gifts or bequests therein: provided also that all the members of the select vestry of any such parish or place, resident in any other divisions of any such parish or place, shall in every case be members of such vestry or vestries as shall be appointed under the provisions of the said recited acts or this act for the respective divisions of the parish or place in which they shall respectively reside. “XI. And be it further enacted, that it shall be lawful for the said commissioners in every case in which they shall be of opinion that it will be expedient to divide, or in which the said commissioners shall have divided any parish or place into two or more distinct and separate parishes, district parishes or chapelries, for ecclesiastical purposes, under the provisions of the said recited acts, to apportion, if the commissioners shall in their discretion think it expedient, among such separate divisions of any such parish or place so made separate or district parishes or chapelries, for ecclesiastical purposes, any charitable bequests or gifts which shall have been made or given to any such parish or place, or the produce thereof; and in any such case to direct that the distribution of the proportions of such bequests or gifts, or the produce thereof, as shall be so apportioned to any such separate divisions of any such parish, shall be made and distributed by the spiritual person serving the church or chapel of any such separate divisions, or the church or chapel wardens or select vestry of any such separate divisions, either jointly or severally, as the commissioners may in their discretion, (regard being had to the nature of the bequest or gift, and the application thereof,) think expedient; and also to apportion among such separate divisions any debts which may have been before the period of such apportionment contracted or charged upon the credit of any church rates in such parish or place, regard being had in all such apportionments to the circumstances of such parish or place, and of the respective divisions thereof so made separate and distinct for ecclesiastical purposes as aforesaid; and all such apportionments shall be registered in the registry of the diocese in which the parish or place shall be locally situate, and duplicates thereof shall be deposited with the churchwardens of each such separate districts as aforesaid, in respect of or in relation to which any such apportionments as aforesaid shall have been made. XII. And be it further enacted, that it shall be lawful for the said commissioners, in every case in which any parish or place shall be divided, under the provisions of the said recited acts, into district parishes or places for ecclesiastical purposes, with distinct district churches for each of such divisions, to order and direct, with the consent of the bishop of the diocese, that all or any proportion of the fees, dues, and emoluments, arising and accruing from the publication of banns and celebration of marriages, and from churchings and burials, and the making, opening, or using any catacombs, vaults, or ground for burials, in all or any the several districts and divisions of such parish or extra-parochial place, shall remain with and continue to belong to, and to be received by or for and on account of, and to the use of, and to be accounted for, wholly or in part, as the case may require, to the incumbent of the original church or chapel, anything in the said recited acts or either of them, or in this act, contained to the contrary notwithstanding; and every such order shall be registered in the registry of the diocese, and a duplicate copy thereof deposited and kept in the respective chests of the churches and chapels respectively of such parish or place: provided always, that it shall be lawful for the commissioners, with such consent as aforesaid, at any time within five years after the making of any such original order or direction, to annul or in any manner to alter any such order or direction, or the appropriation made thereby; and such Commissioners may, in case of division of parishes, apportion charitable gifts and debts. Commissioners may direct that fees for marriages and burials, in case of division into district parishes, shall long to the incumbent of original church of the parish. continue to be new order or direction or alteration, when made, shall be registered in manner STAT. 3 GEO. 4, c. 72. In cases in torial tithes, &c. shall be "XIII. And be it further enacted, that it shall be lawful for the said commiswhich the rec- sioners, and they are hereby authorized and empowered, to convert any vicarage of any parish or place, or the separate divisions of any vicarage of any parish surrendered by or place, divided under the said recited acts or this act, into a rectory or impropriators, rectories instead of a vicarage or vicarages, in any case in which the owner or &c. for the purpose of converting vicarages into rectories, the commissioners shall direct the same to be done accord ingly. owners entitled in fee-simple to the rectory or tithes, if an impropriate rectory, or |