« PreviousContinue »
part thereof as shall be vested in then, in as full and ample manner as the said dean and chapter now have and enjoy the same
powers by virtue of an Act passed in the third year of the reign 2 & 3 W.4, of His late Majesty, intituled An Act to enable the Dean and c. 19, (Pri- Chapter of Durham to appropriate Part of the Property of their vate.)
Church to the Establishment of a University in connexion therewith for the Advancement of Learning; and that it shall be lawful for all bodies corporate, aggregate, or sole, and all other incapacitated persons named in the said Act, to sell and convey to the said warden, master, and scholars, and their successors, all such lands, tenements, and hereditaments as by the said Act they are enabled to sell and convey to the said dean and chapter, and in such manner and by such conveyances and assurances as in the said Act are mentioned; and that it shall be lawful for the said warden, masters, and scholars to apply the building fund to the payment of expences already incurred by the said university in erecting and completing, altering, repairing, or improving any building for the use of the said university, or for the use of any person or persons for whom the said university was or is bound to provide any office or building under an order of Her Majesty in council bearing date the nineteenth day of July one thousand eight hundred and thirtyseven, relating to the castle of Durham, and to the erection and completion, alteration, reparation, or improvement of any building erected or to be erected, not only on land now vested in the said dean and chapter, but also on land now vested in the said bishop in trust for the said university, or on land to be hereafter acquired by the said warden, masters, and scholars for any of the foregoing uses; and that it shall be lawful, by the like authority, with the consent of the said university, and also of the said bishop and of the said dean and chapter, to transfer to the said warden, masters, and scholars the whole or any part of the powers relating to the government of the said university, and the order and discipline to be observed therein, which are now vested by the last-mentioned
Act in the said dean and chapter. Saint David's, 14. And be it enacted, That so much of the said secondly Llandaff
, and recited Act as relates to the division and application of the Brecon Revenues.
existing corporate revenues of the chapters of the cathedral Provisions
churches of Saint David and Llandaff respectively, and to the repealed. application of the endowments belonging to the prebends in 3 & 4 Vict.
the collegiate church of Brecon, shall be and the same is hereby c. 113, ss. 38.
repealed. 39, 40.
15. And be it declared and enacted, That, notwithstanding Amendments relating to
any thing in the secondly recited Act contained, any minor canon Minor Canons. in any cathedral or collegiate church may take and hold, together
with his minor canonry, any benefice which is within the distance 3 & 4 Vict. prescribed by the said Act : and that in every case in which any c. 113, dean before the passing of the same Act enjoyed a right, as such ss. 44, 45, 46. dean, to appoint any minor canon, nothing therein contained shall
be construed to deprive him or his successors thereof; and that,
in the construction of the same Act and of this Act, the term s. 93.
16. And be it enacted, That in every cathedral church in which Majority of any canonry or canonries is or are or shall be suspended, a ma. Members to jority of the existing members of chapter, including or not including constitute a the dean, according as his presence may or may not be by law 3 & 4 Vict. required, shall at all times be a sufficient number of canons for c. 113, s. 47. constituting a chapter.
17. And be it enacted, That so much of the secondly recited Sinecure Act as relates to the purchase, by the ecclesiastical commissioners Rectories
in Private for England, of ecclesiastical rectories without cure of souls, shall
Patronage. be construed to extend and apply to any ecclesiastical rectory 3 & 4 Vict. which shall by the archbishop of the province and the bishop of c. 113, s. 48. the diocese be certified to be, and shall by the said commissioners be deemed to be, an ecclesiastical rectory without cure of souls, although there shall be no vicarage endowed or perpetual curacy belonging thereto or connected therewith ; provided that when any such ecclesiastical rectory purchased by the said commissioners shall have become suppressed under the provisions of the same Act, the whole, if it be deemed necessary, or such part as shall be deemed necessary by the said commissioners, of the lands, tithes, or other endowments belonging to such rectory, and of the proceeds thereof, shall, by the authority in the same Act provided, be set apart and applied towards the spiritual care of the population of the parish or district in which such lands, tithes, or other endowments are situate or accrue, in such manner as by the like authority shall be deemed expedient.
18. And be it enacted, That the provisions of the secondly Disposal of recited Act relating to the disposal of residence houses, and Residence houses attached to any dignity, prebend, or office in the precincts Houses, of the respective cathedral and collegiate churches, and also so c. 113, s. 58. much of an Act passed in the second year of the reign of His late 2 & 3 W. 4, Majesty as annexes to the archdeaconry of Durham the house of c. 10. (Pr.) residence therein mentioned, shall be repealed; and that the dean and chapter of any cathedral or collegiate church, with the consent of their visitor, may from time to time sanction and confirm the exchange of houses of residence, or of houses attached to any dignities, offices, or prebends in the precincts of such church, among the canons of such church, or may
arrangement to take effect at any future time, or may assign any one of such houses being vacant to any canon willing to accept the same in lieu of the house theretofore occupied by him, and thereupon any house no longer required by any canon may by the said dean and chapter be disposed of, in such way as they shall deem fit, with the consent of their visitor, and of the ecclesiastical commissioners for England, signified under their common seal ; provided that all acts, matters, and things relating to any such house already done under the last-mentioned provisions of the
said secondly recited Act shall be valid and effectual to all intents
and purposes. Correction of 19. And be it declared and enacted, That the provisions of the Error respect- secondly recited Act which purport to relate to the endowments ing Endow
belonging to the suspended prebends in the cathedral church of ments belong, Lichfield were intended to apply and do apply to all the lands Prebends.
and tenements, tithes, and other hereditaments and endowments, 3 & 4 Vict. which are or are to be vested in the said ecciesiastical commisc. 113, s. 63. sioners, by or under the provisions of the said Act, by reason of
the vacancy of any canon residentiary, or of any prebend, dignity,
or office not residentiary, in the said church. Enlarged Dis- 20. And be it declared and enacted, That, notwithstanding any cretion as to thing in the secondly recited Act contained relating to the payMode of fixing ment of fixed annual sums by certain deans and canons, and the Incomes.
payment of other annual sums to certain deans and chapters 3 & 4 Vict. c. 113, ss. 52, therein respectively named or referred to, or relating to the trans66.
fer of parts of the lands, tithes, or other hereditaments therein specified to the chapters of York, Chichester, Exeter, Hereford, Lichfield, Salisbury, and Wells respectively, for the purposes therein respectively specified, it shall be lawful, by the authority in the same Act provided, to carry such purposes or any of them into effect by any mode of payment, contribution, augmentation, or endowment which may be deemed fit, as well as by the modes in the said Act specified; and that the scale of payments and receipts may from time to time in any case be revised, and if need be, varied by the like authority, so as to preserve, as nearly as may be, the intended average annual incomes respectively, but not so as to affect any dean or canon in possession at the time of
making any such variation. Powers of 21. And be it declared and enacted, That the provisions of the Exchange, &c. secondly recited Act relating to the sale, transfer, or exchange of extended to all Corpora
any lands, tithes, or other hereditaments, the purchase of other tions Sole.
lands, tithes, or other hereditaments in lieu thereof, or the sub3 & 4 Vict. stitution of any lands, tithes, or other hereditaments for any c. 113, s. 68. money payment, do and shall extend to authorize the substitution
of any money payment for any lands, tithes, or other hereditaments, and do and shall include and apply to all lands, tithes, or other hereditaments in the possession or enjoyment of any dean, canon, prebendary, or other dignitary or officer of any cathedral or collegiate church, or in the possession of the ecclesiastical commissioners for England; and the consent in writing under the hand only of any such dean, canon, prebendary, or other dignitary or officer, shall be deemed to be a consent within the meaning of
the said Act. Provisions of 22. And be it declared and enacted, That it is and shall be 3 & 4 Vict.
competent to the authority in the first recited Act provided to c. 113, s. 73.
make arrangements, under and according to the provisions of the respecting Exchange of
said Act, for improving the value or making a better provision Advowsons, to for the spiritual duties of ill-endowed parishes or districts, by means of the exchange of advowsons, or other alterations in the authorize Exexercise of patronage, notwithstanding that such advowsons, or
Ecclesiastical any or either of them, or such patronage, shall be vested in or
Corporations. belong to any ecclesiastical corporation aggregate or sole.
23. And be it enacted, That whenever it shall be made to Exchanges of appear to the ecclesiastical commissioners for England that it Advowsons would be expedient to make an exchange of an advowson, or of for the Puro any right of patronage, for any other advowson or right of
pose of Unions. patronage, with a view to proceedings being taken for the union 1 & 2 Vict. of two or more benefices under the provisions of the said Act c. 106, s. 16. passed in the second year of Her present Majesty's reign, it shall be lawful for the said commissioners, with the consent of the patron or patrons of every such advowson or right of patronage, and also, in case any such advowson or right of patronage shall be vested in or belong to any ecclesiastical corporation aggregate or sole, with the consent of the bishop of the diocese, or in the case of benefices lying in more than one diocese then with the consent of the bishop of each diocese, and where a bishop shall be himself one of the patrons with the consent of the archbishop of the province, to certify the same to such archbishop; and that thereupon, if the said archbishop shall think fit, proceedings may be taken, under and in pursuance of the provisions of the said last-mentioned Act, for effecting the union of such benefices; and the said archbishop, at the same time that he shall certify to Her Majesty in council the inquiry and consent referred to in the same Act, shall transmit such certificate of the said commissioners to Her Majesty in council, together with an abstract of the title to any advowson or right of patronage mentioned in the certificate of the said commissioners, other than advowsons or rights of patronage belonging to any such ecclesiastical corporation as aforesaid, and the opinion of counsel on such title; and that thereupon it shall be lawful for Her Majesty in council, in any order for such licence made and issued under the provisions of the same Act, to order that such exchange as aforesaid shall take effect; and upon such order being made and registered pursuant to the said Act the said exchange shall be valid and effectual, without
any other assurance in the law, and notwithstanding that the advowsons or rights of patronage, or any or either of them, exchanged by virtue of the said order, were or was previously thereto vested in or belonged to any such ecclesiastical corporation as aforesaid; and the respective exchangees, their heirs, appointees, successors, and assigns, shall thenceforth stand seised of the advowsons or rights of patronage so taken in exchange, in the same manner, to all intents and purposes, and subject to the same trusts, powers, limitations, charges, and incumbrances (if any), as the advowsons or rights of patronage by them given in exchange were respectively held and were subject.
24. And be it declared and enacted, That all the provisions Consent of relating to the consent of patrons of benefices, contained in the Patrons how thirdly recited Act passed in the second year of the reign of Her 1 & 2 Vict.
c. 106, ss. 125 present Majesty, shall be construed to apply to the consent of to 128 in.
patrons under the provisions of the secondly recited Act and of clusive.
this Act, as fully and effectually as if the same had been therein 3 & 4 Vict. c. 113, ss. 71, and herein repeated and enacted respecting the patrons of benefices 72, 73, 74. affected by such secondly recited Act and this Act. Division of 25. And be it enacted, subject to the provisions of the said Corporate secondly recited Act with respect to the interests of existing Revenues at incumbents, That in the Queen's free chapel of Saint George Windsor and within her castle of Windsor, so soon as a vacancy shall occur in Lincoln. 3 & 4 Vict.
the deanery, the share of the divisible corporate revenues from c. 113, s. 75. time to time payable to each canon appointed after the passing of
the same Act, and to the ecclesiastical commissioners for England in respect of each suspended canonry, shall be one fourteenth part of the whole of such revenues, and the remainder thereof shall be paid to the dean ; and in the cathedral church of Lincoln, so soon as the chapter thereof shall entirely consist of a dean and conons appointed after the passing of the said secondly recited Act, the whole divisible corporate revenues shall from time to time be divided into six shares, and two of such shares shall be paid to the dean, and one of such shares shall be paid to each canon ; and in the meantime such revenues may be so apportioned by the authority in the said secondly recited Act provided as to afford just
shares thereof to the new members of chapter. Augmenta- 26. And be it declared and enacted, That the provisions of the tions under
secondly recited Act respecting the augmentations of benefices 1 & 2 W. 4,
under the provisions of an Act passed in the second year of the c. 45, may be made by all
reign of His late Majesty King William the Fourth, intituled An Corporations Act to extend the Provisions of an Act passed in the Twenty-ninth Sole;
Year of the Reign of His Majesty King Charles the Second, 3 & 4 Vict. intituled · An Act for confirming and perpetuating Augmentations c. 113, s. 76. • made by Ecclesiastical Persons to small Vicarages and Curacies ;'
and for other Purposes, therein recited, do and shall extend and apply to every dean, canon, prebendary, or other dignitary or officer whose revenues are or may be affected by any of the pro
visions of the said two first-recited Acts or either of them, or of and Building this Act; and if for the purpose of more fully carrying into effect Land may be the provisions of the said Act relative to augmentations it shall let or sold for the Purpose.
appear to the said commissioners and to any bishop or chapter to be expedient that any land belonging to such bishop or chapter adjacent to or situate within the distance of twenty miles from any city or town should be let or sold for purposes of building or other improvement, it shall be lawful for such bishop or chapter, as the case may be, with the consent of the said commissioners under their common seal, to grant any lease or leases of such land for such period or periods and upon such conditions as the said commissioners, having regard to the circumstances of the case, shall deem just and equitable, or, with the like consent, to convey the said land in fee simple for such price as shall appear to the said commissioners to be the full value thereof; provided that the rent in the former case, or the purchase money in the latter case,