And be it further Enacted, That such Division of any Parish into District Parishes only, and not into complete separate and distinct Parishes, shall not in any manner affect any Land, Glebe, Tithes, Moduses or Endowment, of or belonging to the original Church of the Parish or extra34 parochial Place, all which shall continue to belong to the Incumbent thereof, and to be holden, demanded, taken and received by him, in like manner, to all intents and purposes, as if no such division had taken place; and the original Parish shall remain and continue a Parish, as to all such Glebe Land, Tithes, Moduses and Endowment, and all dues, rights, and remedies in relation thereto, as if this Act had not passed. 35 And be it further Enacted, That no Divisions of any Parish or extraparochial Place, whether it be divided into separate Parishes with the consent of the Patron and Bishop of the Diocese, or into District Parishes, nor any thing in this Act contained in relation thereto, shall affect, or in any manner be construed to affect, any Parish or extra-parochial Place so divided, or the persons residing therein, in any other respect than in this Act particularly provided, or in any manner to apply to any Poor or other Parochial Rates which may be raised in the Parish, or extra-parochial Place so divided, or in any such separated Parish or District Parish, or to the maintenance or relief of poor persons, or to any title or claim to such relief, or to any powers relating to any such Rates, or holding Vestries, or appointment or powers of Parish Officers, or any such relief or claim thereto, or to any Act or Acts of Parliament, or Law or Custom relating thereto, save and except as to Church Rates, in so far as the same are regulated by the provisions of this Act; but the original Parish shall, to all such purposes, remain and continue in Law a Parish to all intents, as if no such division thereof into separate Parishes or District Parishes had been made. tain and make compensation Oblations, Offerings, &c. for losses from And be it further Enacted, That the said Commissioners may ascertain Commissionthe average amount in any Parish or extra-parochial Place, of all Fees, Oblations, and Offerings, whether voluntary or otherwise, for the Three years 36 preceding the making any such division into District Parishes, and also for each year subsequent to such division, during the Incumbency of the existing Incumbent, and may for that purpose summon and examine up on oath, the Incumbent, or any other person or persons, and require the production of and examine any books or papers necessary for that purpose, and shall thereupon cause compensation to be made out of the Monies granted by this Act to the Incumbent of any such Parish, during his Incumbency, for any loss which he may sustain, by reason of the diminution thereof, in consequence of any such division into District Parishes, and of such Fees, Oblations, and Offerings being transferred thereby to the Spiritual Persons serving the Churches or Chapels of District Parishes under the provisions of this Act; provided that no such ascertainment shall affect the permanent right to any such fees, oblations, or offerings. 37 And be it further Enacted, That it shall be lawful for the said Commissioners to accept and take any Building or Buildings fit to be used for or to be converted into such additional Churches or Chapels, and also 254. any Commission ers may accept Sites for Churches to Ecclesiastical be devoted to Lands, purposes. Commission with consent Lands, Tenements and Hereditaments proper for Sites of additional And be it further Enacted, That it shall be lawful for the Commisers of Woods, sioners of His Majesty's Woods Forests and Land Revenues, by and with the consent of the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any Three or more of them, in writing, or for His Majesty by any Grant signed by the Chan- 39 cellor of the Duchy of Lancaster for the time being, or for the Duke of Cornwall, by any Grant signed by the Chancellor of the Duchy of Cornwall for the time being, or for any Body Politic Corporate or Collegiate, or Corporation Aggregate or Sole, to grant any such Building or Buildings, or any Site or Sites for the building of any such Churches or Chapels with or without Cemeteries thereto, and any House or Appurtenances and Garden for the residence of the Spiritual Person who may serve the Church or Chapel. Parishes and extra-parochial Places to furnish Sites when required by Commis soners. And be it further Enacted, That all such Parishes and extra-parochial Places as shall be required by the Commissioners, shall furnish Sites for such additional Churches or Chapels as the Commissioners may deem necessary to be built under the provisions of this Act; and that as soon 40 as the Commissioners shall have fixed upon any Parish or extra-parochial Place, as being one in which it is necessary that a Church or Chapel should be built under the provisions of this Act, they shall give Notice to the Churchwardens thereof, by causing such Notice to be left at their respective places of Abode, of their intention to build or cause to be built such Church or Chapel, and of the extent of Ground which will be required for the Site thereof, and making a proper access and approach thereto, and of the part of the Parish or extra-parochial Place within which the same are required to be provided; and the said Church wardens wardens shall, within the space of Fourteen Days call a Meeting of the Vestry or Select Vestry of the Parish or extra-parochial Place, or the Persons possessing under any Act or Acts of Parliament the powers of Vestry of the Parish or extra-parochial Place, for the purpose 41 of taking all such measures as may be necessary for providing such Site and approach thereto as aforesaid; and in case such Parish or extraparochial Place shall not be able to provide the same without purchase, then the Vestry or Select Vestry, or the Persons possessing as aforesaid the powers of Vestry, shall and are hereby required forthwith to proceed to treat for a Site and approach thereto, according to such Notice, but shall not conclude any bargain for the same, without the approbation of the Commissioners. And be it further Enacted, That it shall be lawful for all Bodies Politic Corporate or Collegiate, Corporations Aggregate or Sole, Tenants for Life or in Tail, Husbands, Guardians, Trustees and Feoffees in Trust, Committees, Executors and Administrators, and all other Persons and Trustees whomsoever, not only for or on behalf of themselves their Heirs and Successors, but also for and on behalf of Cestuique Trusts, whether 42 Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Person or Persons, and to and for all Femes Covert who are or shall be seised possessed of or interested in their own right, and for every other Person or Persons whomsoever who shall be seised possessed of or interested in any Lands Grounds and Hereditaments, which shall be set out and ascertained for any such Site, to contract for sell and convey, or if Copyhold, to enfranchise the same and every part thereof, unto the said Commissioners, under the Provisions of this Act; and all such Contracts, Agreements, Sales, Conveyances 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 Corporate or Collegiate, and all Persons whomsoever so conveying as aforesaid, are hereby indemnified for or in 43 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 shall be made of any Lands or Hereditaments 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 (except in cases of Purchases of Lands belonging to His Majesty, His Heirs or Successors, or to the Duchy of Cornwall, for which Provision is hereinafter made) videlicet: Bodies Politic empowered to sell and convey Sites. Form of Conveyance to the Commis sioners. "and all my Right Title and Interest to and in the same, and To hold to the said 254. D "when Conveyance by Lords of Manors of Lands taken from Commons to be sufficient. Satisfaction to be made. "when consecrated to Ecclesiastical Purposes for ever, by virtue. "and according to the true intent and meaning of an Act "passed in the 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 hereunto set my hand "and seal, this "in the year of our Lord day of And all such Conveyances and Assurances shall be valid and effectual, in the Law, to all intents and purposes, and shall be a complete bar to all Estates Tail, and other Estates, Rights, Titles, Trusts and Interests and Incumbrances whatsoever. And be it further Enacted, That in all cases where there shall be occasion to take part of any Common or Waste Grounds, for the pur- 45 poses of this Act, the Conveyance thereof by the Lord and Lady of the Manor, wherein the same shall be situate, shall be a good and sufficient Conveyance for the purpose of vesting the Fee Simple and Inheritance thereof under this Act, as fully and effectually as if every Person having Right of Common upon such Commons or Waste Grounds, had joined in and executed such Conveyance; and that the Compensation to be paid for any Right of Common upon any such Commons or Waste Grounds as aforesaid, shall be paid to the Churchwardens of the respective Parishes wherein such Commons or Waste Grounds shall lie, and shall be by such Churchwardens received and applied for such general or public purposes within such Parishes respectively, as a Vestry of every such Parish, to be convened by such Churchwardens for that purpose shall 46 direct, except as is in this Act otherwise provided. Provided always, and be it further Enacted, That all and every Body or Bodies Politic Corporate or Collegiate, Trustees or other Persons hereinbefore capacitated to sell and convey any Lands Tenements and other Hereditaments, or enfranchise any Copyholds, or any Owner or Owners, and the Occupier or Occupiers of any Lands Tenements or other Hereditaments required to be taken for the purposes of this Act, may accept and receive satisfaction for the value of such Lands Tenements and Hereditaments, or of any such Interests as aforesaid; and from and immediately after the time of making and executing such Sale and Conveyance, or any Contract or Contracts for the same, the said Commissioners or any Person or Persons purchasing the same, under the provision and for the purposes of this Act, may and shall be at liberty to enter upon and from thenceforth for ever to have take and use the said Lands Tenements and other Hereditaments for the purposes of this Act; and in case the Parties interested in such Lands Tenements or cannot agree, Hereditaments cannot or do not agree, as to the amount or value of such Satisfaction, the same shall be ascertained and settled by the Verdict of a Jury, as is hereinafter directed. If Parties Price to be settled by a Jury. If Parties are AND for settling all Differences which may arise between the said dissatisfied or Commissioners and the several Owners of or Persons interested in any refuse, or are unable to Lands, 47 Lands Tenements or other Hereditaments, which shall or may be taken or used for the purposes of this Act; BE it further Enacted, That if any Body Politic Corporate or Collegiate, or any other Person or Persons so 48 interested, for and on his her or their part or parts, or for or on the part of his her or their Cestuique Trusts, or of any other incapacitated Person or Persons as aforesaid, shall refuse to accept such Purchase Money or other Compensation as shall be offered by them the said Commissioners, or their Agent by or on their behalf, and shall give Notice thereof in writing to the Secretary for the time being to the said Commissioners, within Seven days next after such offer shall have been made; and the Party or Parties giving such Notice as aforesaid, shall therein request that the matter or matters in dispute may be submitted to the determination of a Jury; or if any Body Politic Corporate or Collegiate, or any other Person or Persons seised or possessed of or interested in any such 49 Lands Tenements or Hereditaments as aforesaid, shall refuse to treat or agree, or shall not agree, or by reason of absence or disability cannot agree with the said Commissioners, or with any Person or Persons authorized by them, for the Sale and Conveyance of their respective Estates and Interests therein, or cannot be found or known, or shall not produce and evince a clear Title to the Premises they may be in possession of, or to the Interest they shall claim therein, to the satisfaction of the said Commissioners, or of the Person or Persons authorized by them, then and in every such case, the said Commissioners shall and they are hereby empowered and required from time to time to issue a Warrant under their Common Seal, to the Sheriff of the County in which such Lands Tenements or Hereditaments shall lie, or the matter in question or dispute 50 shall arise; or in case such Sheriff or his Under Sheriff shall happen to be one of the said Commissioners, or shall enjoy any office of trust or profit under them, or shall be otherwise interested in the matter or matters in question, then to the senior Coroner of the said County; and in case he shall be so interested, then to the next Coroner of such County, in point of seniority, who shall not be so interested as aforesaid, commanding such Sheriff or Coroner or other Person (and the Sheriff or Coroner or such other Person is hereby empowered and required) to impannel summon and return not less than Twenty-four, nor more than Forty-eight substantial and indifferent Persons, qualified to serve on Special Juries; and the Persons so to be impannelled summoned and returned as aforesaid, 51 are hereby required to come and appear before the Justices of the Peace for the County wherein the Premises shall lie, at some Court of General or Quarter Sessions of the Peace, to be holden in and for the same County, or at some Adjournment thereof, as in such Warrant shall be directed and appointed, and to attend such Court of General or Quarter Sessions from day to day, until discharged by the said Court; and out of such Persons so to be impannelled summoned and returned, a Jury of Twelve men shall be drawn by the Clerk of the Peace for the County wherein such Jury shall be returned, or his Deputy, in such manner as Juries for Trials of Issues joined in His Majesty's Courts at Westminster, are by Law directed to be drawn; and in case a sufficient number of Jurymen shall not appear at the time and place appointed as aforesaid, 254. the treat, &c. a Jury to be impannelled to decide the Matter. |