PART II. plaintiffs, the defendant or defendants shall have treble CLASS costs, and shall have such remedy for recovering the same as any defendant or defendants hath or have for costs of Stat. 58 suit in any other cases by law. VI. No. 2. G. 3. c. 45. Treble costs. LXXXIV. Provided always, and be it further enacted and declared, That neither this Act, nor any thing herein contained, shall extend to invalidate or avoid any ecclesiasPowers of tical law or constitution of the Church of England, or to Bishop, &c. destroy any of the rights or powers belonging to any Bishop of any diocese, or any Archdeacon, Chancellor, or Official. not to be invali dated: But may LXXXV. And be it further enacted and declared, That exercise he and they respectively may at all times hereafter visit, ecclesias institute, and exercise ecclesiastical jurisdiction in all the tical jurisdiction. parishes to be erected, or divided by virtue or in pursuance of this Act, or in any part or place within the same, as amply as they or any of them may do now therein, and in such manner as in any other parishes or places within his or their diocese or jurisdiction respectively. Act may be LXXXVI. And be it further enacted, That this Act altered or or any of the provisions thereof may be amended, altered, this session, or repealed by any Act or Acts to be passed in this present session of Parliament. repealed in No. 3. 58 G. 3. c. 45. Anno 59 GEO. III. Cap. 134. An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes. [13th July 1819.] WHEREAS an Act passed in the last session of Parliament, intituled An Act for building and promoting the building of additional Churches in populous Parishes: and whereas it is expedient and necessary that some of the provisions of the said Act should be amended, and other provisions thereof enlarged, and that further and additional provision should be made for rendering the said Act more effectual: be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the Exchequer same, That the exchequer bills, to be made out in purbills issued suance of the said recited Act or this Act, shall and may bear such an interest as may be directed by the Lord High in pur suance of VI. No. 3. Stat. 59 G. 3. c. 134. recited Act Treasurer or Lords Commissioners of his Majesty's Trea- PART II. sury of the United Kingdom of Great Britain and Ireland, CLASS not exceeding the rate of three-pence halfpenny per centum per diem, upon or in respect of the whole of the monies respectively contained therein; and that all such bills as shall be advanced for the purposes of carrying the said Act or this Act into execution, shall be made payable at such to bear a periods, and, together with the interest that shall be due certain rate thereon, shall be paid off and discharged out of such aids or supplies granted by Parliament, for the service of any year, as in each and every exchequer bill so made forth shall be particularly specified and expressed, pursuant to such directions as shall be given in that behalf to the Auditor of the Receipt of Exchequer, by warrant or warrants from the said Commissioners of his Majesty's Treasury, or any three or more of them, for the time being. of interest. bills; II. And be it further enacted, That from time to time, Commisas the Commissioners appointed for the execution of the sioners unsaid recited Act shall find it necessary to apply to the der recited pur- Act to apposes thereof any amount of such bills to be advanced ply for exunder the provisions of the said recited Act or of this Act, chequer the said Commissioners shall forthwith represent the same to the said Commissioners of the Treasury of the United Kingdom of Great Britain and Ireland, and the said Commissioners, or any three or more of them for the time being, shall thereupon, if satisfied of such necessity, direct the said Commissioners to issue a certificate to be signed by any three or more of them, to such person or persons as may be authorized to receive the same, containing the amount so by the said Commissioners intended to be advanced by exchequer bills; which certificate shall and may be presented which are to the Auditor at the Receipt of Exchequer at Westmin- to be delister, and the said Auditor shall, immediately upon the the Auditor receipt of such certificate, deliver to the bearer thereof a of the like amount in exchequer bills, to be made out in pur- Exchequer. suance of the said recited Act or of this Act, and payable at such period as shall in such exchequer bills be specified and expressed; provided that the total amount so to be issued by virtue of such certificates shall not at any time exceed the amount directed to be advanced under the said recited Act; and every such exchequer bill shall bear date Date of the on the day on which such certificate shall be so received by said exchethe said Auditor, or on such other day as in such certificate quer bills. shall be specified; any thing in the said recited Act to the contrary notwithstanding; and all such exchequer bills so to be delivered shall and may be signed by the said Au vered by PART II. ditor, or in his name by any person duly authorized to sign CLASS exchequer bills. VI. No. 3. His Ma jesty may appoint Commis sioners to supply vacancies. III. And be it further enacted, That it shall be lawful Stat. 59 for his Majesty, his heirs and successors, when and so often G. 3. c. 134. as any vacancies shall or may arise, by death, resignation, or otherwise, of any of the Commissioners appointed by his Majesty under the provisions of the said recited Act or this Act, from time to time to supply any such vacancy or vacancies by the appointment of any other person or persons, and also from time to time to appoint additional Commissioners, who, together with the persons before appointed, shall be the Commissioners for carrying into execution the Commis- purposes of the said Act and this Act; and the Commissioners so appointed by his Majesty, under the provisions of the said Act or this Act, shall be and are hereby declared to be a body corporate, by the name and style of "His Majesty's Commissioners for building New Churches," and by that name shall, from and after the passing of this Act, be a body corporate, while any Commission appointing such Commissioners shall continue in full force, and shall have a common seal. sioners shall be a body corporate. Commis IV. And be it further enacted, That it shall be lawful sioners em- for the said Commissioners, and they are hereby empowered powered to to allow and make grants for the defraying the whole of the whole of the charges and expenses of building any churches or chapels expenses in under the provisions of the said recited Act or this Act, in allow the certain cases. Commissioners may treat with and make grants to all cases in which the Commissioners shall see fit, either on account of the inability of the inhabitants to bear any part of the charge of building any such churches or chapels, or from any other cause which shall, in the judgment and discretion of the said Commissioners be sufficient; any thing in the said recited Act contained to the contrary notwithstanding. V. And whereas many parishes are divided into townships, hamlets, vills, chapelries, and other divisions, which are oftentimes very large and populous; and it is therefore expedient that the said Commissioners shall be empowered to consider divisions of parishes, as parishes for the purposes divisions of of the said recited Act and of this Act; be it therefore enacted, parishes, as if they were That it shall be lawful for the said Commissioners, and they distinct parishes. are hereby empowered, to make grants or loans, or grants and loans, to any such townships, hamlets, vills, chapelries, or other divisions of parishes, as may, in the judgment of the Commissioners, from their population, require further accommodation for Divine service, according to the Rites of the United Church of England and Ireland, although the CLASS VI. No. 3. population of any such division may not amount to four PART II. thousand, and although in the whole parish there may be accommodation for more than one-fourth part of the inhabitants; and the Commissioners may, in every such case, Stat. 59 proceed, in relation to any such divisions, under the provi- G. 3. c. 134. sions of the said Act and this Act, in every respect as if they were separate and distinct parishes; and all the provisions in the said Act and this Act contained for enabling the said Commissioners to make grants or loans to any parishes or extra-parochial places, shall extend and apply and be in full force as to such divisions of parishes, as fully and effectually to all intents and purposes as if such divisions were separate and distinct parishes, and as if all the powers, authorities, and provisions in the said Act and this Act contained, in relation to parishes, were severally and separately re-enacted as to such divisions of parishes. may unite into eccle the pur poses of the use of such VÍ. And whereas a considerable population is frequently Commiscollected together, at the extremities of and locally situate sioners in parishes or extra-parochial places contiguous to each parts of other, at a distance from the respective churches or chapels contiguous of such respective parishes or extra-parochial places; be it parishes therefore enacted, That it shall be lawful for the said Com-siastical missioners, with such consent as is required by the said re-districts for cited Act in the case of district parishes, to unite and consolidate any such contiguous parts of such parishes and ex- Acts; and tra-parochial places into a separate and distinct district, for build chaall ecclesiastical purposes, and to cause such district to be pels for the named, ascertained, and marked out by described bounds, districts. and such name, and the description of such bounds, when approved by his Majesty in Council, to be enrolled in the High Court of Chancery, and in the office of the registry of the diocese to which such district shall belong, under the provisions of this Act, and to make grants or loans for or towards the building of or to build any chapel or chapels, with or without cemeteries, in and for the use of the inhabitants of any such district, in such manner and under such regulations as may, in the judgment of the Commissioners, appear from the circumstances to be most expedient, and to constitute any such district a consolidated chapelry; and every such chapelry shall be under the superintendence of such spiritual person as shall be appointed under the provisions of this Act, to serve any such chapel; and such spiritual person shall have cure of souls in such district; and the right of presentation and appointment of such spiritual person shall thenceforth belong to such person or persons, and be exercised in such manner as may be agreed by the VI. PART II. several Patrons of the churches or chapels of such parishes CLASS and extra-parochial places respectively, with the approbation of the Commissioners; and banns of marriage may be pubStat. 59 lished, and marriages, christenings, churchings, and burials G.3.c. 134. may be solemnized and performed in any such chapel, im No. 3. Commissioners without division of mediately and at all times after the consecration thereof; and the pew rents in such chapel shall be fixed, and salaries to the Minister and Clerk assigned therefrom, in such manner as is directed in the said recited Act or in this Act concerning pew rents and salaries in separate or district parishes; and all fees and offerings which may arise and accrue within such chapelry, according to such table of fees as the Commissioners shall make, with the approbation of the Bishop, may be demanded, received, sued for, prosecuted, and recovered by the spiritual person having cure of souls therein, and by the Clerk and Sexton of such chapelries, in like manner as if every such chapelry was a distinct parish; and it shall be lawful for the said Commissioners, and they are hereby required, in every such case, to ascertain and make compensation, in manner directed in like cases under the said recited Act, for any loss which may be sustained by the Incumbent of any contiguous parish or extra-parochial place which shall form part of any such district, by reason of any fees, oblations, and offerings being transferred to the spiritual person serving any such chapel; and all such chapelries shall be deemed to be benefices, and be subject to the jurisdiction of the Bishop and Archdeacon within whose diocese and archdeaconry the altar of such chapel shall be locally situate, and to all the laws in force concerning presentation and appointment to benefices and churches, and lapse, and all other laws relating to the holding of benefices and churches. VII. And be it further enacted, That in every case in which the Commissioners shall determine that any additional may build church or chapel or churches or chapels shall be erected in previous any parish or extra-parochial place, it shall be lawful for determin- the said Commissioners to require sites to be provided for ation as to the same, in manner directed by the said recited Act, and the parish, to grant or lend money for the purchasing of sites, and for or whether the erecting, or to erect or build, under the provisions of such build- the said Act or this Act, any building or buildings for the be deemed celebration of Divine service according to the rites of the churches or United Church of England and Ireland, without determinchapels when built, ing before the making of any such requisition of sites, or of any such grant or loan, or before the erecting or building any such church or chapel, whether the parish or extra-pa ings shall |