Sidor som bilder
PDF
ePub

LAW PROCEEDINGS

RELATIVE TO THE CHURCH.

In the absence of any legal decisions particularly interesting to our readers, we avail ourselves of this opportunity to notice such of the Acts of Parliament passed during the last Session, as either immediately affect our clerical brethren, or are otherwise deserving their attention.

The first, in order of time, is the Statute 5 Geo. 4. ch. 32. passed May 17, 1824, and intituled, "An Act to amend an Act passed in the last Session of Parliament, intituled, An Act for amending the Laws respecting the Solemnization of Marriages in England." The effect of this Act is to legalize marriages heretofore, or hereafter to be, solemnized in any place within the limits of any parish or chapelry, being duly licensed by the Bishop for the performance of Divine Service during the repair or rebuilding of the church or chapel of the same parish or chapelry, wherein marriages have been usually solemnized; or, if no such place shall be so licensed, then in the church or chapel of any adjoining parish or chapelry in which banns are usually proclaimed; whether such marriages be by banns lawfully published in such church or chapel, or by licence lawfully granted; and ministers who have solemnized such marriages previously to the passing of this Act, are indemnified for the same.

The Act further provides, that all licences granted for the solemnization of marriages in any church or chapel wherein marriages have been usually solemnized, shall be sufficient licence for solemnizing such marriages in any place so licensed as before mentioned, or in such adjoining church or chapel; and that all banns proclaimed, and marriages solemnized, in any place so licensed, shall be considered as proclaimed and solemnized in the church or chapel of the parish or chapelry in which it is situate, and shall be so registered accordingly.

"An

By Statute 5 Geo. 4. ch. 58. passed June 9, 1824, and intitled, Act, to continue for four Years, and from thence until the End of the then next Session of Parliament, the Powers of the Commissioners for enquiring concerning Charities in England and Wales." The several Acts of Parliament (58 Geo. 3. ch. 91. and 59 Geo. 3. ch. 81.) previously passed for enquiring into charities for the education of the poor, and other charities, in England and Wales, and which would have expired at the end of the last Session, have been continued from the expiration thereof, for the term of four years, and from thence until the end of the then next Session of Parliament.

By Statute 5 Geo. 4. ch. 52. passed June 17, 1824, and entitled, "An Act to amend the several Acts for the Encouragement of Banks for Savings in England and Ireland." The Act for encouraging Savings' Banks in Ireland has been made conformable with the English Acts; and further alterations and provisions have been made applicable to both countries.

Among those which have reference to England, the following more particularly interest the public:

1. No sums shall be paid or subscribed in future into any Savings'Bank by any person or persons by ticket, number, or otherwise, without disclosing his or her name to the trustees. (Sect. 20.)

2. After November 20, 1824, for one year, no depositor is allowed to deposit more than 50%. in the whole; nor in any one year afterwards, more than 301. in the whole; nor to have in any Savings'-Bank more than 2001. exclusive of interest. (Sect. 21.)

3. But depositors are allowed, from time to time, in the course of any year, to draw out, and re-invest their deposits; so that they shall not, at the end of the year, be possessed of more than the above sums. (Sect. 22.)

4. Any person or persons may deposit, as trustee or trustees for others, upon making the requisite declaration on behalf of himself or themselves, and of the persons for whom they act, and subject to the usual conditions: such deposits to be inserted in the books of the Savings'-Bank in the joint names of the trustee or trustees, and of the persons on whose account the money shall be deposited, and the trustees receipts being as effectual as the receipts of the party for whom they act. (Sect. 23.)

5. Trustees of charitable institutions are no longer allowed to deposit any part of such charity-funds in any Savings'-Bank. (Sect. 24.)

6. Persons making deposits in, or who are intitled to any benefit from the funds of any Savings-Bank in England or Ireland, are no longer allowed to make any deposit in any other Savings'-Bank. (Sect. 25.) But persons may remove the whole of their deposits from one SavingsBank to another in which case a certificate is to be given to them by two or more of the trustees of the Bank from which the deposit is withdrawn, and the same is to be presented at the Savings'-Bank into which the deposits are intended to be removed, &c. (Sect. 26.)

7. The interest or dividends due to every depositor, are in future to be computed half-yearly, up to the 20th day of May, and 20th day of November; or, yearly, to the 20th day of November in each year; or up to such period nearest to such 20th May or 20th November, as the interest shall be payable, according to the rules or regulations of each Savings'-Bank. (Sect. 31.)

8. The trustees and managers of any Savings'-Bank are authorized to pay any sum not exceeding 201. besides interest, at any time after the death of any depositor, (in case they should be satisfied that such depositor left no will, and that no letters of administration will be taken out,) to the person to whom such trustees or managers were, under the

former Acts, authorized to pay the same, if no will was proved, or administration taken out within six calendar months after the death of the depositor. (Sect. 18.)

9. All payments not exceeding 201. so made by such trustees or managers, to any person or persons, who, at the time of payment, appeared to them to be entitled to the effects of the deceased, according to law, or the rules of the Savings'-Bank, are declared valid, as against all other claimants, who are to have their remedies against the parties wrongfully receiving. (Sect. 19.)

By Statute 5 Geo. 4. ch. 89. passed June 21, 1824, and entitled, “ An Act for the Relief in certain Cases of the Incumbents of Ecclesiastical Livings or Benefices mortgaged for building, rebuilding, repairing, or purchasing Houses, and other necessary Buildings and Tenements for such Benefices." Reciting, that many mortgages of ecclesiastical livings and benefices have been made, and are still in force, as securities for monies borrowed for building, rebuilding, repairing, or purchasing houses and other buildings, pursuant to the Statutes 17 Geo. 3. ch. 53. and 21 Geo. 3. ch. 66. and that the sums of money so secured have generally been to the full amount authorized by those Acts, (namely, two years' net income and produce of the said livings or benefices,) the incumbents being liable to pay annually, according to the said Acts, over and above the interest upon such mortgages, the sum of 5l. per cent.; or, in cases where incumbents shall not have resided twenty weeks in each year, then 107. per cent. of the principal monies borrowed, until the whole thereof should be discharged. And reciting that great reduction has taken place in the income and produce of many livings mortgaged by virtue of the said Acts since the mortgages thereof were made, and thereby the yearly payments required to be made by the incumbents thereof, amount to a larger proportion of their present income than was contemplated should be paid by them. It is enacted, that it shall be lawful for the incumbent of every living or benefice mortgaged before the passing of this Act, by virtue of the said former Acts, for the amount of two years of the then net income and produce thereof, to lay before the ordinary of his living or benefice, an account in writing of the income or produce thereof, and of all outgoings therefrom, (except only the salary to the assistant curate, where such curate is necessary,) which account is to be signed and verified upon oath, and may be enquired into by direction of the ordinary, in the manner directed by this Act; and the incumbents and mortgagees are empowered, with the consent of the ordinary and patron, to agree that the yearly payments in discharge of the principal money secured by such mortgages, shall in future be made at the rate of 51. per cent. or 10l. per cent. (as the case may require under the said former Acts) of the sum which two years' net income and produce amount to, according to the said account, so to be laid before the ordinary: for which payments the mortgages are to remain in force as securities. (Sect. 1.)

The governors of Queen Anne's Bounty are authorized to enter into

similar agreements in respect of mortgages made to them under the said: former Acts, at their discretion; and the same discretionary power is given to all Colleges and Halls within the University of Oxford and Cambridge, and to all other corporate bodies possessed of the patronage of any ecclesiastical livings or benefices. (Sect. 3.)

All agreements made pursuant to this Act are required to be registered in the office of the Registrar of the Bishop or Ordinary. (Sect. 4.)

Any incumbents who shall not have resided twenty weeks in any year, being exempt by licence of the Bishop, granted on account of any actual illness, or infirmity of mind or body of such incumbent, or of his wife or child, residing with him as part of his family, shall for every year in which he shall be non-resident by such licence, pay to the mortgagee of his living or benefice, the same sum which he would have been liable to pay in case he had been resident. (Sect. 6.)

The governors of Queen Anne's Bounty are empowered to reduce the rate of interest secured to them by any mortgage made pursuant to the former Statutes, at their discretion. (Sect. 7.)

The Statute 5 Geo. 4. ch. 101. passed June 21, 1824, and entitled, "An Act to enable His Majesty to grant certain Advowsons, Rectories, and Vicarages in the several Counties of Carmarthen, Cardigan, and Pembroke, in the Principality of Wales, to a College to be incorporated by Charter, to be called St. David's College," recites, that certain edifices and premises, situate in the county of Cardigan, and diocese of St. David's, intended for a college to be incorporated by royal charter, for the education of persons destined for holy orders, and to be called St. David's College, were then in progress, and would shortly be completed; and that His Majesty had been graciously pleased to consent to the annexation in perpetuity to the said college, as an endowment thereof, of the advowson, right of nomination presentation, collation, donation, patronage, and free disposition, of, in, and to the six several rectories, or parsonages, vicarage, and parish-churches, in the said Act particularly mentioned, belonging to His Majesty, and situate in the counties of Carmarthen, Cardigan, and Pembroke, together with the rectorial tithes, dues, profits, and other emoluments appertaining to the same. And the Act provides, that in case His Majesty shall be pleased to grant his charter for the erection and incorporation of the said college, it shall be lawful for His Majesty, his heirs and successors, by the same charter, to grant the said several rectories, vicarage, and parishchurches, with the glebe-lands, tithes, and other emoluments, to be thereby absolutely vested in the said college, upon such trusts for the benefit of the college, as shall be declared by the said charter.

The Statute 5 Geo. 4. ch. 103. passed June 24, 1824, and intituled, "An Act to make further Provision, and to amend and render more effectual three Acts passed in the 58th and 59th Years of His late Majesty, and in the third Year of His present Majesty, for building, and

promoting the building, of additional Churches in populous Parishes ;" authorizes a further, grant of money, not exceeding 500,000l. for the purposes of those Acts.

It also makes the following important provisions, with reference to the building, endowment, and regulation of additional churches or chapels, which may be built or purchased by private subscription, or partly by parochial rates and private subscription.

1. Whenever any twelve, or more, substantial householders shall certify in writing to the Bishop of their diocese, that there is not accommodation for more than one-fourth of the inhabitants of any parish, chapelry, township, or extra-parochial place, for their attendance upon Divine Service, according to the rites of the Church of England, and that they, or some of them, either by themselves, or with the assistance of others belonging to the Church of England, are desirous of raising, by private subscription, such sum as may be necessary for building or purchasing a church or chapel, or any other building to be used as such, for the performance of the said service; and to provide, out of the pew rents, competent stipends for the officiating minister and clerk, and other incidental expenses, and for maintaining such church or chapel, the Bishop being satisfied respecting the several particulars so certified to him, is empowered to signify his consent to the building or purchasing such church or chapel, according to such plan, and upon such scite, as shall be approved by him. (Sect. 5.)

2. Subscribers of not less than 50l. are to elect three trustees from amongst themselves, for the management and general regulations of the temporal affairs of such church or chapel, and for the nomination to the Bishop, for a limited period, of a spiritual person to serve the same: which trustees shall be called life-trustees of such church or chapel, and shall continue such so long as any spiritual person, nominated by them, shall serve the same. (Sect. 6.)

3. New trustees for life are from to time to be appointed by such of the subscribers of not less than 50l. who are also owners or renters of pews; the qualifications for such new trustees being, that they shall have been subscribers of 50l. at the least, shall be owners or renters of pews, and members of the Church of England. (Sect. 7.)

4. If the subscribers to build the church or chapel do not exceed three, such person or persons shall be the life-trustee, or trustees; and in case of his or their death or resignation, to nominate a successor by will, or by any instrument signed by him or them. ( (Sect. 8.)

5. Whenever application shall be made to any Bishop for his consent to the building, or purchasing any church, or chapel, or building, to be used as such, within his diocese, for the purpose of performing therein Divine Service according to the rites of the Church of England, by any person or persons belonging to the Church of England, who may be willing to subscribe one half part, at the least, of the money necessary such building or purchase, jointly with the parishioners of the place who may be willing to raise the remainder of the money by rates, or to raise and borrow such sum upon the credit of the rates of such place,

for

« FöregåendeFortsätt »