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His Majesty empowered to appoint Commissioners.

Commissioners to

examine state of parishes.

Commissioners may appoint

Secretary and

Clerk, and order Surveys, Reports, &c. and assign reasonable Salaries.

Treasury to issue money for defraving charges in

And be it further Enacted, That it shall be lawful for His Majesty, by Letters Patent under the Great Seal used in Scotland, pursuant to the articles of Union, in place of the Great Seal thereof, to nominate constitute and appoint such persons as His Majesty shall deem fit to be His Commissioners for carrying into execution the purposes of this Act, and to order, in such appointment, that any or more of such

Commissioners may act in the execution of the powers of this Act.

And be it further Enacted, That the said Commissioners shall examine into the present state of parishes in Scotland, so far as conveniently may be, for the purpose of ascertaining the parishes and places in which additional Churches for the performance of Divine Service, according to the form of the Church of Scotland as by law established, are most required, and the most effectual and proper means of affording such accommodation.

And be it further Enacted, That it shall be lawful for the said Commissioners to appoint a secretary and clerk, and to employ such surveyors and other fit persons to make plans and estimates, and (if the Commissioners shall deem the same necessary) surveys and reports, for the purpose of affording to the Commissioners all such information as they may require, for the purpose of ascertaining the best mode of providing fit and proper accommodation in this respect at the least expense; and may assign and pay to all such persons such reasonable salaries or rewards for their services therein, as shall be approved by the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland.

And be it further Enacted, That it shall be lawful for the said Commissioners of His Majesty's Treasury, or any or more of them, or the Lord High Treasurer of the United Kingdom of Great curred in the Britain and Ireland for the time being, and they are hereby respectively

execution of

this Act, of

which an Ac

laid before

Parliament.

authorized, to direct to be issued and advanced all such sums of money

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count shall be as shall appear to them to be necessary, to such person or persons, in such manner and in such proportions, as the Commissioners for the execution of this Act, or any or more of them respectively, 4 shall by writing, under their hands from time to time desire, and as shall be approved by the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or the said Commissioners of the Treasury, or any or more of them, for the time being; and such sums respectively shall and may be issued out of any monies then in the hands of the Receiver General of Scotland, upon an order to be granted for that effect by the Barons of the Court of Exchequer in Scotland, pursuant to such authority; which sums so to be issued and advanced shall be applied to the payment of allowances and rewards as aforesaid, and in defraying all necessary charges and expenses in or about the execution of this Act, without other account than before the said Barons of the said Court of Exchequer; and which money so to be issued shall not be subject to any tax, duty, rate or assessment whatsoever, imposed by authority of Parliament; but that an account of the said

charges

5

charges and expenses, so long as the said commission shall remain in force, shall be laid before both Houses of Parliament on or before the in each year, if Parliament shall be then sitting, but if Parliament shall not be then sitting, then within days after the commencement of the then next session of

Parliament.

And be it further Enacted, That the said Commissioners shall, as soon after their appointment as the obtaining necessary information will allow, draw up certain rules for their general proceedings, and shall fix and specify therein, the largest amount of allowances to be granted for building any Church, and make such other regulations as the said Commissioners shall deem expedient and necessary, to be fixed and known, for the furtherance of the purposes of this Act; and from time to time as occasion may require, shall have power to alter or vary any such regulations; and to make any such further or additional regulations as they may deem expedient; and all such rules and regulations shall be laid before the Commissioners for plantation of kirks and valuation of teinds, who shall have power to approve the same.

And be it further Enacted, That it shall be lawful for the said Commissioners to make, in His Majesty's name, out of the sum so appropriated by this Act, grants for building, or to cause to be built Churches in parishes in which the same are required, and in which the Commissioners shall be satisfied from the circumstances of such parish, of the inability of the parishioners and inhabitants thereof, to bear any part of the charge of such building; and also to make grants or loans to assist in building such Churches in other parishes in which the said Commissioners 6 may deem the parishioners and inhabitants thereof, capable of bearing a part of the expense of erecting such Churches, or of repaying the same by instalments if advanced by way of loan.

78

Commis

sioners to

draw up Rules for their proceedings, and fix the sums for building Churches, and advancing money to lay such rules parishes, and before the Teinds.

to be allowed

Court of

Commissionmoney to build

ers may grant

Churches in

parishes in

want of accommodation.

ers may make grants, and

money to

Churches in

parishes, &c. where a certain propor tion of the expense is

raised by rates or subscrip

tion.

AND whereas the Sum granted by this Act, is inadequate to the Commissionaffording grants to all the parishes and places in want of sufficient accommodation for attendance upon such divine service as aforesaid: And advance whereas proprietors, in many of such parishes and places, may be dis- build posed to raise by assessment, within limited periods, certain proportions of the sums required to build such Churches respectively, or well disposed persons within the same, or elsewhere, may be willing to raise by subscription, such proportions, or such a part thereof, as together with the money to be raised by assessment, will amount to such proportion; BE it therefore Enacted, That it shall be lawful for the said Commissioners, upon any parish or place, or part of a parish, so offering to contribute or raise by assessment or subscription, or by assessment aided by subscription, such proportion of the expense of building any Church or Churches, which may be required in any such parish or place, as shall have been fixed as a proper proportion by the said Commissioners, according to any such rules and regulations as aforesaid, or shall be deemed by the said Commissioners, a proper proportion, and they are hereby empowered to grant to any such parish or place, the remaining sum necessary to build any such Church or Churches, and to advance and lend to the proprietors of 331. any

Commissioners, in selecting parishes for grants,

shall have re

gard to their

respective

proportions of population and want of accommodation; and in giving preference of grants, shall

any such parish, agreeing to assess themselves, any part of the proportion
so proposed to be raised by assessment as aforesaid.

Provided always, and be it further Enacted, That the said Commissioners, in the selection of parishes for making their distribution of the sums granted by this Act, shall have regard to the amount of the population in such parishes; and also to the disproportion between the number of inhabitants and the present accommodation for attendance upon divine service, in populous places, and to the distance of parts of an extensive though not populous parish, from the parish church; and in giving preference among such parishes shall have regard to the proportion of the expense of affording the accommodation required, which shall be offered to be contributed or raised, in aid of the purposes of this Act, towards the building Churches in such respective parishes or places; and the said Commissioners, in giving preference, as between parishes not able to contribute any proportion of such expense as aforesaid, shall have regard to the order of priority, in which parishes under similar circumstances shall have provided Churches, &c. and given notice to the Commissioners of having provided scites for the Churches intended to be built in such respective parishes.

have regard to

the proportion of expense contributed

offered to be

towards build ing the required

and also in

the order of

providing scites.

Parishes may

be divided

into separate parishes.

Division or erection of

notified at

parish Churches.

And be it further Enacted, That in every case in which the said
Commissioners shall be of opinion that it will be expedient to divide
any parish into
or more distinct and separate parishes, or

to erect part or parts of
or more parishes into one distinct
and separate parish, it shall be lawful for the said Commissioners, with
the consent of the Presbytery within which the same shall be situated,
testified by a resolution of a meeting of the Presbytery held for that
purpose, to divide such parish into
or more distinct and

separate parishes, or to erect any part or parts of
parishes into one distinct and separate parish.

or more

Provided always, and be it Enacted, That before such division of parishes to be any parish into two or more distinct and separate parishes, or such erection of any part or parts of two or more parishes into one distinct and separate parish, shall take place, such division or erection shall be notified for successive Sundays, by a written or printed notice affixed upon the doors of the parish church of every such parish, so to be divided into two or more distinct or separate parishes, and upon the church door of every parish church, any part or parts of which is or are proposed to be erected into one distinct and

Subject to the separate parish; and it shall and may be lawful for any

consideration
of the Com-
missioners,

and to the re-
view of the
Court of
'Teinds.

or

9

more inhabitants of any such parish, thereupon to state to the Commissioners appointed by virtue of this Act, circumstances which they may 10 think ought to induce the said Commissioners to alter such division or 11 erection; and if after making such representation to the said Commissioners such person so applying to them shall not be satisfied, then it shall be lawful for any such persons, at any time within calendar months after the first Sunday on which such division or erection shall have been notified as aforesaid, or on the first sederunt day after the expiration

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expiration of the said

calendar months, to apply by petition to the Commissioners for plantation of kirks and valuation of teinds, complaining of such division or erection; and every such complaint shall be determined summarily, and the decision thereon shall be final and conclusive, without being subject to any review whatsoever; and every such division or erection shall take place according to such decision; or if no such complaint shall be made as aforesaid, every such division or erection shall take place from and after the expiration of

calendar months after the first Sunday on which the same shall have been notified as aforesaid, in the manner directed by the Commissioners appointed by virtue of this Act.

sioners may

accept scites

for Churches, to Eccle

to be devoted

siastical pur

poses.

And be it further Enacted, That it shall be lawful for the said Com- Commismissioners to accept and take any building or buildings fit to be converted into such additional Churches, and also any lands tenements and here12 tages proper for scites of additional Churches, not exceeding in quantity in any one place what may be sufficient for building of a Church, providing a church yard, and making a proper and sufficient access or approach thereto, from any persons willing to give the same; and every such scite, when conveyed to the said Commissioners and the Church erected thereupon, shall become for ever thereafter devoted to the purposes of public worship, according to the form of the Church of Scotland as by law established; and it shall also be lawful for the said Commissioners to accept and take from any person willing to give the same, any house garden and appurtenances, for the residence of the person to be appointed Minister of such Church, or any land not exceeding in quantity in any one place what may be sufficient for erecting such house and offices and making such garden, together with such quantity of land as may be sufficient for a glebe according to the law of Scotland, and the same shall (immediately upon or after the ordination of a Minister to such Church) become and be the house and glebe belonging to such Church, and vest in the incumbent for the time being as such.

13

scites.

And be it further Enacted, That it shall and may be lawful for any heir Heirs of entail of entail in Scotland, inclined so to do, to give to the Commissioners such may give extent of land as may be necessary for the scite of any such Church and church yard, with access thereto as aforesaid, and for a house and offices for any such Minister, with a garden and glebe as aforesaid, without being subject to or incurring any forfeiture or irritancy under any deed of entail by virtue of which he or she may hold the same; any law or practice to the contrary notwithstanding.

And be it further Enacted, That it shall and may be lawful for the said Commissioners to acquire, and for all bodies politic corporate or collegiate, life renters, heirs of entail, husbands, guardians, trustees and feoffees in trust, executors, and all other persons and trustees whomsoever, not only for and on behalf of those having the beneficial interest, whether persons under age, issue unborn, lunatics, idiots or fatuous persons, or other person or persons, and to and for all married women who 331. B

are

Bodies politic

sell and convey scites.

empowered to

Form of Con

Commis

are or shall be seised, possessed of or interested in their own right, and
for every other person or persons
person or persons whomsoever, who shall be seised, pos-
sessed of or interested in any lands grounds and heretages, which shall
be set out and ascertained for any such scite, to contract for sale and con-
vey the same and every part thereof, unto the said Commissioners under
the provisions of this act; and all such contracts, agreements, sales, con-
veyances and assurances, shall be valid and effectual in the law to all
intents and purposes whatsoever, any law statute usage or custom to
the contrary thereof in anywise notwithstanding; and all bodies politic 14
corporate or collegiate, and all persons whomsoever so conveying as
aforesaid, are hereby indemnified for or in respect of any such sale
which he she or they or any of them shall respectively make by virtue or in
pursuance of this Act.

And be it further Enacted, That all conveyances and assurances which veyance to the shall be made of any lands or heretages to the said Commissioners, or any other person or persons, for the purposes of this Act, shall be made according to the following Form, or as near thereto as the circumstances of the case will admit:

sioners.

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Satisfaction to be made.

"in consideration of the sum of

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to me

[or us] paid, do hereby grant dispose and convey to all [describing the premises to "be conveyed] and all my Right Title and Interest to and "in the same and every part thereof, To hold to the said and their successors, to be devoted for ever to the purposes specified in and by virtue and according to the true intent and meaning of an Act, passed in fifty-eighth year of the reign of His Majesty King GEORGE "the Third, intituled [here set forth the title of this Act.] "In witness whereof, I have set my hand to these Presents, "written by [insert name and description of the writer] this

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day of

15

in the year

before

"these Witnesses [insert names and descriptions of witnesses, "who will also subscribe as witnesses.]

And all such conveyances and assurances shall be registered within of the date thereof, in the Register of Sasines of the county or stewartry wherein the same shall be situated, and shall thereupon be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all other rights, titles, trusts and interests and incumbrances, to, in, or upon the same whatsoever.

Provided always, and be it further Enacted, That all and every body politic corporate or collegiate, trustees or other persons hereinbefore capacitated to sell and convey any lands tenements and other heretages, or any owner or owners, and the occupier or occupiers of any lands tene

ments

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