Commissioners in selecting Parishes for Grants, shall have regard to their relative proportions of population and want of accommodation; and in shall have regard to the proportion of or extra-parochial Place so offering to contribute or raise, by Rates or Sub- Provided always, and be it further Enacted, That the said Commissioners in the selections of Parishes and extra-parochial Places for making their distribution of the sums granted by this Act, shall have regard to the amount of population in such Parishes and extra-parochial Places, and also to the disproportion between the number of inhabitants and the present accommodation for attendance upon Divine Service according to the rites of the United Church of England and Ireland as by Law established; and 19 giving prefer- in giving preference among such Parishes and extra-parochial Places, shall enceofGrants, 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 or Chapels in such respective Parishes or extra-parochial Places, and to the pecuniary ability of the Inhabitants of such Parishes or Places, and the said Commissioners in giving preference as between Parishes and extra-parochial Places not offering to contribute any proportion of such expense as aforesaid, shall have regard to the order of priority in which Parishes and extra-parochial Places under similar circumstances as to population and disproportion between such population and the accommodation afforded by the Churches and Chapels therein, shall have provided and given Notice to the Commissioners of having provided Sites for the Churches intended to be built in such respective Parishes or extra- 20 parochial Places. expense offer ed to be con tributed to wards build ing the required Churches, &c. and alfo in the order of providing Sites. Upon Repre sentation of the Commissioners in manner stated, Parishes may be divided into separate Parishes for 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 two or more distinct and separate Parishes, for all ecclesiastical purposes whatever, it shall be lawful for the said Commissioners, with the consent of the Bishop of the Diocese, signified under his hand and scal, to apply to the Patron or Patrons of the Church of such Parish, all ecclesiasti- for his consent to make such division, and for such Patron or Patrons cal purposes. to signify his or their consent thereto under his hand and seal; and the said Commissioners shall, upon the consent of the said Patron or Patrons so signified, represent the whole matter to His Majesty in Council, and shall state in such representation the bounds by which it is proposed, with such consent as aforesaid, to divide such Parish, together with the relative and respective proportions of Glebe Land, Tithes, Moduses, or other Endowments, which will by such division 21 arise and accrue, and remain and be within each of such respective divisions; divisions; and also the relative proportions of the estimated amount of the value or produce of Fees, Oblations, Offerings, or other ecclesiastical dues or profits which may arise and accrue within each of such respective divisions; and thereupon an Instrument shall be made out, describing such separated Parishes, by such Names as shall be given them respectively in such Instrument, and it shall thereupon be lawful for His Majesty in Council to direct such Division to be made: Provided always, That no such division of any Parish into distinct Parishes, shall completely take effect until after the death, resignation or other avoidance of the 22 existing Incumbent of the Parish to be divided. 23 of such di vided Parishes to remain Chapels of Ease during Provided always, and be it further Enacted, That during the incum- NewChurches bency of the existing Incumbent of any such Parish, every new Church therein built, purchased, assigned or provided, as the intended Parish Church of any division intended to become and be a distinct Parish, shall remain a Chapel of Ease, and shall be served during the incumbency of such Incumbent of the original Parish, by a Curate to be nominated by such Incumbent, and licensed by the Bishop of the Diocese, and paid in manner hereinafter directed. And be it further Enacted, That every such distinct and separate Parish as aforesaid, shall, when such division as aforesaid shall become complete by the death resignation or other avoidance of the existing Incumbent of the original Parish, be deemed either a Rectory, Vicarage, Donative or Perpetual Curacy, and the spiritual Person serving the same, the Rector Vicar or perpetual Curate thereof, or Person having Cure of Souls therein, according to the nature of the original Church of the Parish so divided, and shall be for ever thereafter subject to the Laws Provisions and Regulations, as to Presentation Appointment or Lapse, and as to Institution, Collation, Induction or Licence, and to all such Jurisdiction of the Bishop or other Jurisdiction, and to holding Benefices, as are by Law applicable to the original Parish. And be it further Enacted, That in any case in which the said Commissioners shall be of opinion, that it is not expedient to divide any populous Parish or extra-parochial Place, into such complete, separate and distinct Parishes as aforesaid, but that it is expedient to divide the same into such Ecclesiastical Districts as they, with the consent of the Bishop may deem necessary, for the purpose of affording accommodation 24 for the attending Divine Service according to the rites of the United Church of England and Ireland, to persons residing therein, in the Churches and parochial Chapels already built, or in additional Churches or Chapels to be built therein, and as may appear to such Commissioners to be convenient for the enabling the Spiritual Person or Persons who may serve such Churches or Chapels to perform all Ecclesiastical Duties within the Districts attached to such respective Churches and Chapels, and for the due eccelsiastical superintendence of such District, and the preservation and improvement of the religious and moral habits of the persons residing therein, the said Commissioners shall represent such opinion to His Majesty · 254. in the Incum bency of existing Incum bent. CLAUSE (H.) Where Nominations are given by Act of Parliament to particular Persons, they may also no minate to new Churches. Districts when made to be described, and description enrolled in Chancery. Commis sioners may alter such Boundaries. Districts to be separate Parishes for in Council, and shall state in such representation the bounds by which such Provided always, and be it further Enacted, That when any nominations or appointments of Spiritual Persons to serve any Churches or Chapels built, or which may be built in any Parish or extra-parochial Place, are reserved or given in, or by any Act or Acts of Parliament, to any Patron or Person or Persons, or Body or Bodies Politic or Corporate specified therein, then and in all such cases, the nominations and appointments of Curates to serve in any new Churches or Chapels built under the provisions of this Act, in such Parishes or extra-parochial Places respectively, shall remain and continue in such Patron or Person, or Body or Bodies respectively, instead of the Incumbent of the original Parish or extraparochial Place; any thing in this Act contained to the contrary notwithstanding. And be it further Enacted, That the several new Parishes created by any such complete division as aforesaid, and also the several Districts of any Parish or extra-parochial Place, where any such division thereof shall have been so made as aforesaid, shall be ascertained and marked out by described Bounds, and the Description of such Bounds shall be enrolled 26 in the High Court of Chancery, and be registered in the Office of Registry of the Diocese, and Notice thereof given in such manner as the Commissioners shall deem necessary and direct for that purpose. And be it further Enacted, That it shall be lawful for His Majesty in Council, upon the representation of the said Commissioners, with the consent of the Bishop of the Diocese, to alter such Boundaries at any time within Five years after such enrolment, in case the Commissioners should deem it necessary; and every such Alteration shall be enrolled in like manner as is required in relation to the Districts first ascertained. And be it further Enacted, That such Boundaries shall continue and be the Boundaries of such Parishes or Districts respectively, unless so altered, Ecclesiastical, and such Districts shall thereupon become and be called District Parishes, 27 by such Names as shall be given to them respectively in the Instrument so inrolled as aforesaid, and shall become and be separate and distinct District Parishes, and the Churches and Chapels respectively assigned to but for no other pur poses. 1 such such Districts shall, when duly consecrated for that purpose, become and be the District Parish Churches of such District Parishes, for all purposes of Ecclesiastical Worship and performance of Ecclesiastical Duties, and as to all Marriages, Christenings, Churchings and Burials, and the Registry thereof respectively within the same, and in relation to all Fees Oblations and Offerings, and the demanding suing and prosecuting for and recovering the same, and as to all other purposes whatsoever, save and except as is in this Act particularly excepted. And be it further Enacted, That every Church and Chapel built or 28 acquired under the provisions of this Act, and appropriated to any such District Parish so made under the provisions of this Act, shall be deemed a perpetual Curacy, and considered in Law as a Benefice presentative, so as that the Licence thereto shall operate in the same manner as institution to any such Benefice, and shall render voidable other Livings in like manner as institution to any such Benefice, and the Spiritual Person serving the same shall be deemed the Incumbent thereof; and such Incumbents shall have perpetual Succession, and shall be and are hereby declared to be Bodies Politic and Corporate, and may receive and take such Endowments in Lands or Tithes, or both, or any such Augmentation as shall be granted to them or their Successors; and all such Incumbents and all Persons presenting or appointing any such Incumbents shall respectively be subject to all Jurisdictions and Laws Ecclesiastical or Common, and to all provisions, regulations, penalties and forfeitures contained in any Acts of Parliament in force relating thereto respectively; and in case of any failure or neglect in not presenting or nominating any such Incumbent for 29 the space of Six Months, such Presentation or Appointment shall there- ́ upon lapse, as in cases of actual Benefices. Provided also, and be it further Enacted, That no such Church or Chapel of any such Parish or District Parish created according to the provisions of this Act, shall be tenable or holden with the original Church of the Parish or extra-parochial Place out of which such Parish or District Parish shall have been taken, or with the Church or Chapel of any other such Parish or district Parish. And be it further Enacted, That all Acts of Parliament, Laws and Customs, relating to publishing Banns of Marriage, Marriages, Christenings, Churchings and Burials, and the registering thereof, and to all Ecclesiastical Fees, Oblations or Offerings, shall apply to such separate and distinct Parishes and District Parishes so made as aforesaid, when they shall so become complete separate and distinct Parishes or District Parishes under the provisions of this Act, after the death, resig30 nation or other avoidance of the existing Incumbents respectively in each such Parish or extra-parochial Place, and to the Churches and Chapels thereof, and to the Ecclesiastical Persons having Cure of Souls, or serving the same, in like manner in every respect, as if the same respectively had been ancient separate and distinct Parishes and Parish Churches by Law, to all intents and purposes. 254. C Provided Banns not to be published, or Marriages, any such Dis &c. had, in trict Church cumbent at of the Church or Chapel. Death, &c. of and of the any Provided always, and be it further Enacted, That no Banns of Matrimony shall be published, or Marriages celebrated or solemnized, or Baptisms or Churchings had, by any person whatever, within Church or Chapel of any such separate and distinct Parish, so made by any such Division as aforesaid, or in any private house therein, or within any such District Church or Chapel, nor shall any Burials be performed by any person whatever, except by the Incumbent of the Church of the Parish or extra-parochial Place from which such Parish or District Parish shall have been separated, within any such Church or Chapel, or any Cemetery thereof, until after the death resignation or other avoidance of the Spiritual Person who shall be the Incumbent of the Church of the Parish, or the extra-parochial Place, at the time of the consecration of any such Church or Chapel of any such separated Parish or District Parish; and from and after the death resignation or other avoidance of the then Incumbent, to be cer- 31 tified under and according to the provisions of this Act, Banns of Matrimony may be published, and Marriages celebrated and solemnized, and Baptisms Burials and Churchings had, within the Church or Chapel of any such separated Parish or District Parish, provided the same be respectively published, celebrated, solemnized and had, according to the laws and canons in force within the Realm in that behalf; and all such Banns as shall be published, and also all and every such Marriage and Marriages as shall be celebrated and solemnized in any such Church or Chapel, after the Entries under and according to the provisions of this Act, of the Notification under the hand and seal of the Bishop of the Diocese, of the death resignation or other avoidance of the Incumbent of the Church of the Parish or extra-parochial Place, shall be as good valid and effectual to all intents and purposes, as if the same were published celebrated and solemnized in the Church of the Parish or extra-parochial Place in which the same shall be situate. 32 And be it further Enacted, That the death, resignation or other avoidance of the Spiritual Person, who was the Incumbent of the Church of every Parish and extra-parochial Place in which any such separated Parish or District Church or Chapel shall be so consecrated as aforesaid, at the time of such Consecration, shall be notified by the Bishop of the Diocese under his hand and seal, to the Spiritual Person then serving the Church or Chapel, and to the Churchwardens of the Parish or Place in which the Church or Chapel shall be situate; and such Notifications shall be preserved with and copies thereof shall be entered in the Books of Registers mencement of of Marriages, Births, and Burials of the Church of the Parish or extra- 33 Banns, &c. in parochial Place, and copies of such Notifications shall be also entered in the Chapel. Chapel, and such Entries to be good Evidence of the com Publication of the Books of Registers to be provided for entering the publications of Banns and solemnization of Marriages, and the Baptisms and Burials in such Chapels, and such entries shall be authenticated by the Churchwardens of such Churches and Chapels respectively, and shall be sufficient Evidence of the period of commencement, under the provisions of this Act, of the publication of Banns and solemnization of Marriages and Baptisms, and performance of Burials in any such Chapel or any Cemetery thereof. And |
