in the Act mentioned are signified in writing as in the Act directed e. The Commissioners may direct that the rents of pews built, &c. under the Acts, shall be assigned to the parish, and be received by the Church-wardens, who shall pay the stipend which may be assigned to the Minister, but the parish is not to be answerable for a greater sum in each year than the amount of the pew rents for the last year; and the surplus of the pew rents shall be invested in government securities in the names of trustees, to be appointed by the Bishop, and suffered to accumulate for the purpose of forming a fund for building or purchasing a house, with consent of the Bishop, for the residence of the Clergyman : and after the completion of such purpose, to the augmentation of the stipend, or increase of accommodation, in such manner as shall be directed by the Bishopf; but the surplus of such pew rents, after payment of such stipend, &c. may be charged with the payment of any sums which may be advanced by way of loan towards building any church, or purchasing a site, &c. and keeping such church, &c. in repair; and the residue of such pew rents, may be paid as before directed, or in aid of the church rate 8. Every assignment of a stipend to a Minister or Clerk under these Acts shall be registered in the registry of the diocese h. The Clerk in every church, built, acquired, &c. under the Acts, shall be annually appointed by the Minister i. In every district parish or division, chapelry, &c. in which a church shall be built, &c. under the Acts, in which there shall not be a distinct vestry, a select vestry, consisting of so many persons as shall be directed by the Commissioners, shall be appointed out of the substantial inhabitants for the care of the concerns of the church; and such select vestry shall annually elect the Church-warden, &c. to be named on the part of the parish, and shall elect new mem * s. 25. p. 467. is. 29. ib. f s. 26. ib. 5 s. 27. p. 468. h s. 28. p. 469. bers of such vestry as vacancies occur; and proper pews shall be assigned in every such church for the use of the Church-wardens, &c. k The Church-wardens of any church, &c. under the Acts, when ordered by the Bishop, with the consent of the Patron and Incumbent, and in case the pew rents have been assigned to the parish, then with the consent of the vestry, may make such alteration in any such pew rents as shall be directed, with such consent as aforesaid1: but the Churchwardens, &c. of any additional church, &c. are not to let or sell any pews, &c. except to parishioners, during the time such parishioners continue to be inhabitants of the parish; and every sale of any pew, &c. shall be subject to such reserved rent as shall have been fixed under the Act, and shall be by private contract; and all pew rents shall be payable in advance in the manner directed in the Act, such pew to become forfeited by the discontinuance of pay ment m. The Commissioners may discharge subscribers towards building any church or chapel from payment of pew rents, for such time, &c. as the Commissioners see fit; and may allow a subscriber, removing from a parish, to assign the remainder of his term to a parishioner inhabitant ". Any lands, &c. acquired under the Acts, which shall remain unconsecrated at the end, of the commission shall be vested in his Majesty, to be applied to the intended purposes, under the direction of the King in Council °. The Commissioners of Stamps may allow the duties on all deeds, contracts, &c. relative to procuring sites, building churches, &c.P Such parishes and extra-parochial places as shall be required by the Commissioners, shall furnish lands for enlarging churchyards, &c. or making additional churchyards, &c. according to the mode of requisition and compliance mentioned in the Act 9; and all the powers of the Act as to purchasing, &c. lands for building churches, and for advancing ks. 30. p. 469. s. 34. ib. 1 s. 31. ib. P s. 35. p. 471. " s. 33. ib. and borrowing money for such purpose, are to apply to the purchase of lands for additional churchyards; and such churchyards shall be consecrated, and the freehold shall be vested in the person who has the freehold of the ancient churchyards. The Commissioners are also empowered to alter the fences of an existing churchyard, and to stop up or vary any gate, and the paths, &c. into or over the same : but the same must be done with the consent of two Justices, and on notice being given in the manner prescribed by stat. 55 Geo. 3. cap. 68.t When a parish shall be desirous of extending the accommodation in the parish church, the Church-wardens, with consent of vestry, and with the consent also of the Ordinary, Patron, Incumbent, and lay impropriator, if there be such, may take down the existing church, and rebuild the same upon a new site; and the Church-wardens may raise upon the credit of the church rates, or any rates made under the Acts, such sum as shall be necessary for defraying the expense, and for payment of the interest; and for the payment of not less than the amount of the interest, for the repayment of the principal, or such part as may be agreed on; but no church shall be so taken down and rebuilt by means of rates, if such proportion of dissents as is specified in relation to any application to build or enlarge a chapel by means of rates, &c. are signified in writing in manner directed ". One half of the accommodation obtained by rebuilding such church shall be set apart for free sittings; and all persons engaging pews, &c. shall have pews, &c. in the same situation, and of like dimensions allotted to them in such new church; and all tombstones, &c. shall be carefully preserved by the Church-wardens, and set up in the new church, as near as circumstances will admit, in the situations from whence they were removed *. The Commissioners may discharge the parliamentary fees of obtaining any local Acts necessary for carrying into execution the purposes of the Acty. No. 4. Stat. 3 Geo. IV. Cap. 72. The officers of the public departments holding any buildings or lands for the public use of such departments, by any grant or conveyance signed as in the Act mentioned, and all bodies politic, &c. and corporations aggregate or sole, and any trustees, guardians of hospitals, schools, charities, &c. by any grant or conveyance, by or under the seal of such body or corporation, may convey any messuages, lands, &c. and if the same shall be copyhold at the time of such conveyance, in any case in which the lord is willing to enfranchise the same, to be used as sites for churches or chapels, or for enlarging sites, &c. or for church or chapelyards, or cemeteries, or for enlarging sites for church or chapel-yards, or cemeteries, or for parsonages, &c. and all such gifts and grants shall be made to the Commissioners, or such persons as shall be specified by the said Commissioners; and all such gifts and grants may be made without valuable consideration; and all bodies politic, &c. so giving or granting, are by the said Act indemnified". The second section prescribes a form of conveyance to be used for such grants or conveyances, or as near thereto as the case will admit, varying in a slight degree from the former form prescribed by the 37th section of stat. 58 Geo. 3. cap. 45. The Commissioners may procure or require parishes, &c. to provide or accept as gifts and grants, or direct grants to be made to any other persons specified by them, of any such land as may be required for enlarging or improving any church or chapel, or which may be required for rebuilding any church or chapel, whether contiguous or not a to the present site; and all the powers, &c. in the former Acts, in relation to the procuring lands for any sites for additional churches, &c. shall extend to the procuring, &c. any lands for the purposes of this Act b. In every case in which any lands, &c. shall be sold or surrendered by any body corporate, &c. and upon which such This point was not distinctly expressed in the former 2 s. 1. p. 476. Acts. b s. 3. p. 477. body shall be entitled to take any fine upon renewal of lives, or of any lease of such lands, the amount of the value of the interest of such body, which would arise out of such renewal if the same had been renewed at the time such lands, &c. were sold or surrendered, shall be paid to such body out of the sum ascertained, under the provisions of the Acts, as the value of such lands c. The Commissioners may lend any parish or place such sum as may appear expedient for building additional churches or chapels, or in aid thereof, or the completion thereof, &c. for such period as the Commissioners shall think fit, upon payment for any such loan of such annual interest not exceeding five per cent. or if they think fit, without interest, as they shall judge proper; and such loans shall be repaid at such times, &c. as shall be settled by the Commissioners, and shall be charged upon the church rates of the parishes, or upon rates to be made for that purpose as provided by the Acts; and the amount of all such loans when repaid, and of all interest, shall be applied to the purposes of the Acts; and the Church or Chapel-wardens of any such parish or place are required to declare any loan made under the Acts, to be charged upon the church rates, by an instrument, according to the form, as near as may be to that prescribed in the same section d. The Church or Chapel-wardens of any parish may raise money under the Acts, by the grant of annuities, subject to the restriction specified as to the rate of the annuity e. The Commissioners, and also any parish, &c. for which any act of parliament has been passed in relation to building, rebuilding, or enlarging any church or chapel, or enlarging or procuring any church, or chapel-yard, or cemetery, may make grants or loans, or give any other aid in procuring sites for churches and chapels, or land or ground, for such church, or chapel-yard, or cemetery, or any addition thereto; and may apply the several powers of the Act for the purposes thereof f. Where a parish, &c. shall not be able to procure land for <s. 4. p. 478. ds. 5. ib. * s. 7. p. 480. fs. 7. ib. |