Church Building, &c. The acts for building and for promoting the building of churches, form a distinct system; it has been, therefore, considered that it would be desirable to give an abstracted digest of the most important points which they contain; to do this shortly, at the same time distinctly, is a matter of considerable difficulty. 1. Of the building, enlarging, endowing. 2. Of the divisions into separate parishes, district parishes, and consolidated chapelries, &c. 3. Of the nomination to, and patronage of, the new and of the old churches. 4. Of the stipends of the ministers. 5. Of the division of tithes, glebe, fees, dues, &c. 6. Of the sites of churches and churchyards. 7. Of churchyards and cemeteries. 8. Of pews and pew rents. 9. Of table of fees. 10. Remission of duties, &c. Building. BY 58 Geo. 3, c. 45, ss. 8, 9; and 59 Geo. 3, c. 134, s. 3; the Commission. Duration of. Object of. crown was empowered to appoint commissioners to examine into the state of the parishes in England and Wales, and to ascertain the most effectual means of church accommodation. The commissioners were made a body corporate by 59 Geo. 3, c. 134, s. 3; by the name of " His Majesty's Commissioners for Building New Churches," such commission to continue in force for ten years. By 7 & 8 Geo. 4, c. 72, s. 1, the commission was continued for another ten years, from the 20th July, 1828; and by 1 & 2 Vict. c. 75, extended for ten years longer. The 58 Geo. 3, c. 45, reciting, that population had greatly increased, more particularly in the metropolis and its vicinity, and that the churches and chapels there existing and in many great and populous parishes, and extra-parochial places, were inadequate to the accommodation of the inhabitants, and that it was necessary that additional churches and chapels should be erected in such places, and that a certain number of free-sittings should be made therein; granted a sum of one million. Subsequently an additional sum of five hundred thousand pounds was, by the 5 Geo. 4, c. 103, appropriated to the objects and purposes contemplated in the recital of the 58 Geo. 3, c. 45. By the provisions of the 58 Geo. 3, c. 45, and the 59 Geo. 3, e. 134, the buildings contemplated could only be done through the agency of the commissioners, and their powers to advance Building. any sums of money, were limited to the cases provided for in Commisthose acts. But the 5 Geo. 4, c. 103, and subsequently, the sioners. 1 & 2 W. 4, c. 38, gave powers to persons willing to build churches, wholly or in part by subscription, to do so without the concurrence of the commissioners; if the consent of the bishop, and where necessary, of the incumbent and patron also, were procured. By the 58 Geo. 3, c. 45, s. 13, the commissioners were limited to cases of parishes where the population was four thousand, and one-fourth only accommodated, or where one thousand persons were resident four miles from any church or chapel; but the 59 Geo. 3, c. 134, s. 5, extended these provisions. By s. 14, 58 Geo. 3, c. 45. Where parishes are disposed to raise by rates or subscriptions, such proportions of the sums required to build churches or chapels, as shall be fixed, or deemed by the commissioners to be a proper proportion. They may grant the remaining sum necessary to build such churches or chapels; and advance and lend any part of the proportion to be raised by rates. (a) By s. 75. It is provided that before the consecration of any church or chapel built wholly or in part by rates, one-fifth of the whole of the sittings shall be set apart as "free seats" for the use of the poor. 58 Geo. 3, c. 45. Parishes, &c., assisting to build by rates. By s. 21. They may build or aid in building additional chapels Build or aid in any parish or extra-parochial place, not divided into dis- churches. tinct parishes, but only into ecclesiastical districts, to be served by curates nominated by the incumbent. 59 Geo. 3, By 59 Geo. 3, c. 134, s. 4. They have a discretionary power c. 134. to make grants for defraying the whole charge of building Discretionchurches or chapels, under the provisions of 58 Geo. 3, c. 45, ary power. or 59 Geo. 3, c. 134, in all cases in which they shall see fit to do so. (a) By 58 Geo. 3, c. 41, s. 60, it was provided, that no application should be made to build or enlarge any church or chapel either wholly or in part by rates; unless the majority of inhabitants in vestry, and four-fifths in number and two-thirds in value shall consent thereto in writing. With regard to the provisions of the subsequent act 5 Geo. 4, c. 103, ss. 5, 6, post 196, there seems to be no such limitation ; the 59 Geo. 3, c. 134, s. 24, alters the above provision of the 58 Geo. 3, c. 41, and enacts that no offer to build or enlarge any church or chapel shall be acted upon, nor shall any new burial ground be purchased; if one-third part in value, to be ascertained by an average of the poor rate for three years, of proprietors of houses, land, freehold or copyhold, held by leases for years, of which fifteen years are unexpired or determinable on life or lives, shall dissent therefrom. Building. 59 Geo. 3, c. 134. Not limited to population. Ecclesiastical chapelries. Rebuild ing. 5 G. 4, c. 103. 5 G. 4, c. 103 By sub scription, By s. s. 5. The commissioners may make grants or loans, or grants and loans to divisions of parishes in need of further church accommodation, though the population of such division may not amount to four thousand, and although, in the whole parish there may be accommodation for more than one-fourth of the inhabitants. By s. 6. They may, with the consent necessary by 58 Geo. 3, c. 45, s. 16, in case of district parishes, unite and consolidate the contiguous extremities of parishes and extra-parochial places, into a separate ecclesiastical district for all ecclesiastical purposes, and make grants or loans for or towards building a chapel or chapels, for the use of the inhabitants of such district. By s. 11. The churchwardens of any parish may, with consent of vestry, ordinary, patron, incumbent, and lay impropriator, if there be one, pull down, and rebuild on the same or some convenient site; one-half of the additional sittings to be free seats, and subject to the consents as in sect. 24; ante 195, n. The demand for church accommodation, however, being far beyond what the means of the commissioners could supply, the 5 G. 4, c. 103, gave an additional grant of £500,000 to the commissioners, and at the same time additional facilities for the building of churches and chapels by subscription; without the control, and consequently without the assistance of the commissioners. The 5 Geo. 4, c. 103, by s. 5 & 6 provides that, whenever any twelve or more substantial householders shall certify in writing to the bishop of the diocese that there is not accommodation for or partly by more than one-fourth of the inhabitants of the parish, &c. for their subscription attendance at the service of the established church; and that and partly by rates. they by themselves, or with others, are desirous of raising by private subscription, or to subscribe one-half, the parishioners raising the remainder by rates, or raising on the credit of the rates, such sum as may be necessary for building or purchasing a church or chapel, or any building to be used as a church or chapel; and to provide out of the pew rents a competent stipend for the minister and clerk; the expenses incident on divine service; and for the maintenance of the said church or chapel; and Consent of that the bishop shall be satisfied of these particulars, he may conbishop sent to the building such church or chapel according to such plan and upon such site as he may approve. alone. Free seats. By s. 10, it is provided, that every such application to the bishop shall offer to set apart such a proportion of free seats as is required by the former acts; in cases where money has been advanced by the commissioners; and also to offer to provide out of the pew rents competent sums for a salary for a minister, for expences incident on the service and the maintenance of the chapel. Sec. 11 provides for notices to patron and incumbent, and that the bishop shall not signify his consent to any application within Building. three months of the time when such notices were given. Vid. Notice to post 1 & 2 W. 4, c. 38. patron and The 7 & 8 G. 4, c. 72 gave a power to any persons, with the incumbent. consent of the commissioners, to build and endow a chapel and to nominate the incumbent. This act was repealed by 1 & 2 W. 4, c. 38, and vid. observations of Sir John Nicholl on the former act. 3 Hag. 522. 1 & 2 W. 4, 38, s. 2. Without as sistance or By 1 & 2 W. 4, c. 38, s. 2, a further power is impliedly given of building and endowing a church or chapel, by giving the right of nominating the minister to such church or chapel, if built upon certain conditions, post, 202, which condi- control of tions must be strictly and carefully complied with. Williams commisv. Brown, I Curt. 53; and vid. Bliss v. oods, 3 Hag. 466. The provisions in this section have been further extended and amended by 1 & 2 Vict. c. 107, s. 1. It is provided, however, by 1 & 2 W. 4, c. 38, s. 2, that no church built for the accommodation of three hundred persons living upwards of two miles from the parish church or chapel shall be built within two miles of such church or chapel. sioners. to enlarg ing. By this act a preference to enlarging rather than building is Preference given under certain circumstances specified. By s. 8, where there is a population of one thousand within two miles of an existing church, and any person or persons will give bond or other sufficient security to the bishop or commissioners within two years to enlarge the existing church, so that more than one-third of the parishioners may be accommodated; such persons shall be preferred to persons proposing to build and endow any new chapel; provided that plans for the enlargement be sent to the bishop or commissioners before they are commenced and a certificate of their due execution on the completion. tical dis So also by s. 7 a preference is given to the patron, under the Preference same limitations as in the above section, if he chooses to build and to patron. endow a church or chapel in the parish of which he is patron; instead of the person or persons applying to do so. Post 205. Division of The next object of these acts appears to have been, the divi- parishes; sion of the larger parishes, and the union and consolidation of ecclesiasisolated portions of parishes, distant extremities of parishes, and tricts. extra-parochial places; and to throw around every new church or chapel, and in some cases, existing chapels of ease, a distinct and independent ecclesiastical district; which object has been further followed up by the provisions of the late act, 1 & 2 Vict. c. 106, which is an act to abridge holding benefices in plurality and to provide for the residence of the clergy, s. 15 to s. 27 inclusive. By 58 G. 3, c. 45, s. 16, varied and extended by 1 & 2 Vict. c. 107, s. 12, the commissioners, having obtained the consent of parishes; ecclesiastical districts. 58 G. 3. c. 45. Division of the bishop of the diocese and of the patron under their respective hands and seals, may represent to his majesty in council that it is expedient to divide any parish into two or more distinct parishes for all ecclesiastical purposes; (or divide off parts of parishes, or make any extra-parochial place a distinct parish, 1 & 2 Vict. c. 107, s. 12,) and state in such representation the respective proportions of glebe, tithes, ecclesiastical fees and dues to remain and accrue to each of such divisions; and, if his Consolida- majesty shall in council order such division to be made, such tion of parts order to be valid in law to effect such division; provided that no of parishes. such division shall completely take effect till after the next avoidance of the benefice. Division of parishes. District parishes. Boundaries. 5 G. 4, c 103. District church with consent of subscribers. Sec. 19. Every such separate parish to be deemed a rectory, vicarage, donative or perpetual curacy, according to the nature of the church of the parish divided. Sec. 21. The commissioners may, with consent of bishop alone, represent that it is expedient to divide populous parishes or extra-parochial places into ecclesiastical districts; though they may not deem it expedient to divide them into complete separate parishes; and if by order in council such division be directed, such division shall be valid in law. Sec. 22. Descriptions of the boundaries of such divided parishes and ecclesiastical districts to be enrolled in the court of chancery and registered in the registry of the diocese. Sec. 23. Boundaries may be altered by order in council within five years of their enrolment. Sec. 24. The churches and chapels respectively assigned to such districts shall be the parish churches of such districts for all parochial purposes. Where churches or chapels have been built under the provisions of the 5 G. 4, c. 103, it is provided by s. 16 that the commissioners may, with the consent of the majority of the subscribers entitled to elect trustees, (that is, subscribers of sums majority of of not less than £50 each) make any such church or chapel a district church or chapel under the provisions of the previous acts and that act; and by s. 17 at the expiration of forty years such churches or chapels shall become district churches or chapels, without such consent, if the king in council shall have made a division of the parish or extra-parochial place as above. 1 & 2 W. 4, c. 38. The provisions of the 1 & 2 W. 4, c. 38, seen to contemplate, in all cases, to assign districts, unless special circumstances be assigned. appear to the contrary. District to By s. 10, the commissioners with consent of the bishop may assign districts in all such cases as come before them. Or the bishop alone in all such cases as are previously mentioned in that act. |