May be assigned to Churchwardens. Amount for which Parish The Church Building Commissioners may from time to time direct that the Rents of the Pews in any Church or Chapel within the provisions of the Church Building Acts, be assigned to the Parish or District and received by the Churchwardens, who thereupon are required to pay the Clergyman and Clerk their stipends. (k) The Parish, however, in such case is not to be is answerable. answerable to such Clergyman or Clerk for any greater sum in each year than the Rents of the Pews which have been actually let during the preceding year. (k) Surplus to be invested in Government securities. Clergyman's stipend may be augmented. If the Rents have not been previously pledged. Any surplus of Pew Rents, after payment of such stipend and other expenses, is, except in certain cases, hereafter mentioned, to be invested in Government Securities, in the names of trustees to be appointed by the Bishop of the Diocese, to accumulate and form a Fund for building or purchasing a House of Residence for the Clergyman, and after such purpose has been completed, then it is to be devoted either to the augmentation of the Clergyman's stipend, the reduction of Pew Rents, or the increase of accommodation in the Church, as the Bishop may direct. (k) The Church Building Commissioners may, with consent of the Bishop, in certain cases, augment the stipend of the Clergyman of a Church or Chapel, by assigning to him a part or the whole of the surplus Pew Rents. (1) But this power is not to be exercised where the surplus Pew Rents have been invested in Govern (k) 59 Geo. III. c. 134, s. 26. (7) 3 & 4 Vict. c. 60, s. 5. ment Securities in the names of trustees, to form a Fund for building or purchasing a Parsonage House; or where they have been charged by the Commissioners with the payment of money borrowed for building, or purchasing the site of, any such Church or Chapel, or for defraying expenses and keeping it in repair. (m) The Churchwardens may, with consent of the Money may Commissioners, borrow money towards building be borrowed and secured such Church or Chapel, or purchasing a site for it, on Pews. it. The surplus of Pew Rents, after payment of stipend Repayment of to the Clergyman and Clerk and other expenses, may, with consent of the Commissioners, be applied towards the payment of money advanced towards building the Church or Chapel, purchasing its site, keeping it in repair, or other expenses. The residue of such Pew Rents are to be applied as above mentioned, (o) or in aid of the Church Rate, if the Commissioners think fit. (p) Where the Church of a Consolidated Chapelry has been built, wholly or in part, by means of funds supplied by the Church Building Commissioners, they, with consent of the Bishop, may apply to such Church the provisions of 58 Geo. III. c. 45, and 59 Geo. III. c. 134, touching the reservation of Pew Rents, and the assignment out of them, of a stipend to the Clergyman and a salary to the Clerk. (9) (m) 3 & 4 Vict. c. 60, s. 5. (p) 59 Geo. III. c. 134, s. 27. Church of Consolidated Churches built by private persons. May be subjected to the Church Building Acts. By whom the Pews are to be let. May be let to inhabitants of adjoining Parishes. Where a Church is built by private individuals, under 5 Geo. IV. c. 103, s. 9, the usual proportion of Free Seats is to be set apart; and a competent salary for the Spiritual person who may officiate therein, as well as other expenses incident to the performance of Divine Service, and for maintaining such Church, are to be provided out of the Pew Rents after Consecration. (r) any The Church Building Commissioners may, in such cases as come before them, direct that Church or Chapel, built by private individuals, shall be subject to all the provisions of the Church Building Acts as to the apportionment of accommodation in Pews and Free Sittings, and as to Pew Rents. (s) The Pews or Sittings in such Church or Chapel are to be let by the Churchwardens, or by some person appointed by the trustees, or the builders of the Church, at a fixed scale of Rents, to be approved of by the Bishop, which may from time to time, in like manner, be altered, as occasion may require. (t) All Pews which are not taken at the Rent fixed upon, may, within fourteen days after the commencement of the ensuing year, be let to any inhabitants of adjoining Parishes, where the Church accommodation is insufficient, at the same Rent, and for any term not exceeding a year. But at the end of every successive year each Pew so rented is to be inserted in the list of vacant Pews, and the inhabitants of the Parish, to which the Church belongs, are again to have the preference. (u) (r) 5 Geo. IV. c. 103, s. 10. (t) 1 & 2 Will. IV. c. 38, s. 4. (u) 3 Geo. IV. c. 72, s. 24; 1 & 2 Will. IV. c. 38, s. 4. Parish When a Chapel is converted into a Parish Church, Chapel conand the former Parish Church becomes a Chapel, the verted into a Church Building Commissioners, with consent of the Church. Bishop, may make provision out of the Pew Rents for the maintenance of the Clergyman and Clerk of the respective Churches; but they cannot affect the rights of persons holding Pews Rent-free, by Faculty or Prescription, in the former Parish Church. (x) anomalous. Proprietary Chapels are anomalous, being un- Proprietary known to the constitution, and to the Ecclesiastical Chapels establishments of the Church of England, and can possess no Parochial rights. (y) lations for They are mere speculations of the proprietors, Being specuprobably for a very good purpose, and from very letting Pews. honourable motives, and not merely for the sake of the emoluments arising from letting the Pews; (z) for which, in return, the performance of public service is afforded. (a) If the proprietors, from any cause, cannot let these Pews, there is nothing to prevent them, even if the Chapel be consecrated, from shutting it up; and, if not consecrated, from converting it to any secular purpose. (b) (x) 1 & 2 Vict. c. 107, s. 18. Hag. 46. (z) Ibid. 50. (a) Moysey v. Hillcoat, 2 Hag. 57. (b) Ibid. 50. Which if unlet the Chapel may be shut up. |