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c. 106, ss. 125 present Majesty, shall be construed to apply to the consent of patrons under the provisions of the secondly recited Act and of

to 128 in

clusive.

3 & 4 Vict.

this Act, as fully and effectually as if the same had been therein 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
Corporate

Revenues at
Windsor and
Lincoln.
3 & 4 Vict.

c. 113, s. 75.

Augmentations under 1 & 2 W. 4,

c. 45, may be made by all

Corporations

Sole;

3 & 4 Vict.

c. 113, s. 76.

and Building Land may be the Purpose.

let or sold for

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25. And be it enacted, subject to the provisions of the said secondly recited Act with respect to the interests of existing incumbents, That in the Queen's free chapel of Saint George within her castle of Windsor, so soon as a vacancy shall occur in the deanery, the share of the divisible corporate revenues from 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.

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26. And be it declared and enacted, That the provisions of the secondly recited Act respecting the augmentations of benefices under the provisions of an Act passed in the second year of the reign of His late Majesty King William the Fourth, intituled An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled An Act for confirming and perpetuating Augmentations 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 provisions of the said two first-recited Acts or either of them, or of this Act; and if for the purpose of more fully carrying into effect the provisions of the said Act relative to augmentations it shall 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,

after reserving to the bishop or chapter, as the case may be, an annual payment equal to the amount theretofore enjoyed in respect of the land so let or sold, shall be wholly applied to the purposes of the said last-mentioned Act, the consent of the said commissioners being in all cases necessary to the particular application thereof: Provided also, that if it be deemed expedient with a view to the better effecting of such purposes, such rent or purchase money, or any part thereof, may, with the like consent, be at any time reinvested in the purchase of land.

27. And be it enacted, That it shall be lawful for the ecclesias- Commissiontical commissioners for England, out of the revenues accruing to ers may pay them under the said recited Acts respectively or this Act, to pay Agents, &c. and defray all necessary law charges, and to make any such allowance for costs, charges, expences, pains, and trouble, as to the said commissioners shall appear just and reasonable, to any person employed by them in receiving or paying any monies accruing to them, or in auditing any accounts relating thereto, or in surveying, valuing, or performing any other duty relating to or connected with the possession or management of any lands, tithes, or other hereditaments vested in them the said commissioners, or relating to or connected with any other matter or thing to be done or executed under the authority of the said recited Acts, or either of them, or of this Act.

28. And be it enacted, That nothing in this Act contained shall, Act not to except as herein-after specified, extend or apply to the dioceses or apply to Saint cathedral churches of Saint Asaph and Bangor or either of them; Asaph and and that an Act passed in the sixth year of the reign of His late Bangor, &c. Majesty intituled, An Act for protecting the revenues of vacant 5 & 6 W. 4, Ecclesiastical Dignities, Prebends, Canonries, and Benefices, without c. 30. Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Established Church in England and Wales, and another Act passed in the seventh year of the reign of His said late Majesty, intituled An Act 6 & 7 W. 4, for suspending for One Year Appointments to certain Dignities and c. 67. Offices in Cathedral and Collegiate, Churches, and to Sinecure Rectories, and such parts of another Act passed in the second year

of the reign of Her present Majesty, intituled An Act to suspend 2 & 3 Vict. until the First Day of August One thousand eight hundred and c. 55. forty certain Cathedral and other Ecclesiastical Preferments, and the Operation of the new Arrangement of Dioceses upon the existing Ecclesiastical Courts, as relate to the two last-mentioned Acts, so far only as the same Acts and parts of an Act apply to the said two lastmentioned dioceses and churches, or either of them, and also the temporary provisions of the first herein-recited Act, shall respectively continue and be in force until the first day of August in the year one thousand eight hundred and forty-two, and, if parliament shall be then sitting, until the end of the then Session of parliament: Provided always, that notwithstanding any thing in the same Acts, or any or either of them, or in this Act contained, it shall be lawful for the bishop of Bangor for the time being to

Construction

of the Terms "Lands," &c.

Provisions of Tithe Commutation Acts extended to Commissioners.

6 & 7 W. 4, c. 71.

Powers of
6 & 7 W. 4,
c. 77, and
3 & 4 Vict.

c. 113, ex-
tended to
this Act.

collate to any vacant canonry, prebend, dignity, or office in the said cathedral church of Bangor not having any estate or endowment belonging thereto; and also that any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other Acts, matters, and things by custom appertaining to the visitations of bishops and archdeacons in the places assigned to their respective jurisdiction and authority under or by virtue of the provisions of the said first or secondly recited act ; and any bishop may consecrate any new church or chapel or any new burial ground within his diocese.

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29. And for the purpose of removing all doubts respecting the meaning of the terms "real estates "lands and "lands, tenements, and hereditaments," be it declared and enacted, That the said terms, wherever they occur, either in the recital or in the enactments of either of the said recited acts, or in any scheme, or any order of Her Majesty in council, prepared and issued under the authority of those Acts or either of them, shall respectively be construed to include and comprehend lands, tithes, tenements, and other hereditaments, except any right of ecclesiastical patronage; and that the said first-mentioned terms, and also the term lands, tithes, tenements, or other hereditaments," in any part of either of the said recited Acts or in this Act or in any such scheme or order in council contained, shall be construed to apply and extend to lands, tithes, tenements, and other hereditaments, as well in reversion as in possession, and to any leasehold interest therein; and that the term "tithes' in either of the said Acts or in this Act contained shall extend to and comprehend rentscharges allotted or assigned in lieu of tithes; and the ecclesiastical commissioners for England shall, in respect of all lands, tithes, tenements, or other hereditaments, endowments, or emoluments, already vested or liable to be vested in them by or under the provisions of either of the said Acts or of this Act, be deemed to be the owners or joint owners thereof respectively, as the case may be, for all the purposes of an Act passed in the seventh year of the reign of His late Majesty King William the fourth, intituled An Act for the Commutation of Tithes in England and Wales, and of the several Acts to explain and amend the same.

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30. And be it enacted, That all the powers and authorities vested in Her Majesty in council and in the ecclesiastical commissioners for England by the two first-recited Acts or either of them with reference to the matters therein respectively contained, and all other the provisions of the secondly recited Act relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued, and extended and apply to Her Majesty in council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively with reference to all matters contained in this Act, as fully and effectually as if the said powers, authorities, and other provisions were repeated in this Act; and that so much of the said secondly recited Act as enacts that the

4 & 5 VICTORIE, CAPS. 39, 40, 41, 42, 43, 44.

said first recited Act and the said secondly recited Act shall be construed as if they were one and the same Act shall be repealed. 31. And be it enacted, That this Act may be amended or repealed by an Act to be passed in the present session of parliament.

CAP. XL.

An Act to empower the Commissioners of Her Majesty's
Woods to raise Money for certain Improvements in the
Metropolis on the Security of the Land Revenues of the
Crown within the County of Middlesex and City of
London.
[21st June, 1841.]

CAP. XLI.

An Act to provide for the payment of Debts, Charges, and Incumbrances affecting Houses of Industry and Workhouses, and of Advances made, conformably with previous Usage, for the lawful purposes of such Houses of Industry and Workhouses, in certain Cases, in Ireland. [21st June, 1841.]

Act may be

95

amended this

Session.

CAP. XLII.

An Act to remove Doubts as to the Division of the Parish
of Winterbourne, in the County of Gloucester, into Two
Parishes.
[21st June, 1841.]

CAP. XLIII.

An Act to continue until the Thirty-first Day of December,
One thousand eight hundred and forty-two, and until
the End of the then next Session of Parliament, an Act
of the Tenth Year of King George the Fourth, for pro-
viding for the Government of His Majesty's Settlements
in Western Australia, on the Western Coast of New
Holland.
[21st June, 1841.]

CAP. XLIV.

An Act to continue until the Thirty-first Day of December,
One thousand eight hundred and forty-two, and from
thence until the End of the next ensuing Session of
Parliament, certain Acts for providing for the Adminis-
tration of Justice in New South Wales and Van
Diemen's Land, and for the more effectual Government
thereof.
[21st June, 1841.]

23 H. 8, c. 5.

3 & 4 Ed. 6, c. 8.

13 Eliz. c. 9.

3 & 4 W. 4, c. 22.

Courts of Sewers empowered to raise money by Tax.

CAP. XLV.

An Act to amend an Act passed in the Third and Fourth
Years of the Reign of His late Majesty King William
the Fourth, intituled An Act to amend the Laws re-
lating to Sewers.
[21st June, 1841.]
WHEREAS an Act was passed in the twenty-third year of the
reign of His Majesty King Henry the Eighth, concerning com-
missions of sewers to be directed into all parts within the then realm
of England, including the principality of Wales, in the manner, and
according to the form, tenor, and effect in the said Act set forth,
and which said Act was made perpetual by an Act passed in the
third and fourth years of the reign of His Majesty King Edward
the sixth, intituled An Act for the Continuance of the Statute of
Sewers, and was amended and altered by an Act passed in the
thirteenth year of the reign of Her Majesty Queen Elizabeth, in-
tituled An Act for the Commission of Sewers, and was also amended
by an Act passed in the third and fourth years of His late Majesty
King William the Fourth, intituled An Act to amend the laws
relating to Sewers: And whereas by the last-recited Act certain
payments and recompences to clerks and other persons employed
by the court, and also to witnesses, and also certain costs, charges,
and expences to be incurred in surveying, measuring, planning,
and valuing any lands and hereditaments, or otherwise prepara-
tory to or in or about the making, collecting, and expending
certain taxes, rates, and scots to be raised under or by virtue of the
said recited Acts, or any or either of them, or the hearing of ob-
jections to such taxes, rates, or scots, or in or about the carrying
on of any litigation or controversy arising out of the duties
imposed on the courts of sewers by virtue of the said recited Acts,
and for the payment of all other necessary allowances, charges,
and expences of putting the said several recited Acts into execu-
tion, and the contingent expences of working the commission of
sewers, are authorized and directed to be paid and allowed out of
the said taxes, rates, and scots, but the powers in some cases are
not found sufficient to make, assess, or levy any taxes, rates, or
scots which could or might be applied to the several purposes
aforesaid, or any of them; and it is expedient that sufficient power
should be given to the courts of sewers for that purpose: May it
therefore please your Majesty that it may be enacted; and be it
enacted by the Queen'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 au-
thority of the same, That it shall be lawful for any court of sewers,
for all or any of the purposes aforesaid, but for no other purpose
whatsoever, from time to time, as often as occasion shall require,
to tax in the gross, in each parish, township, or place, such lands
and hereditaments which heretofore have been or hereafter shall
be within or partly within the jurisdiction of such court, but so

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