By sect. 15 of the same act, the trustees may sell the vaults under the church or in the churchyard, and after paying a portion of the purchase-money to the incumbent of the parish in lieu of fees, shall invest the residue and employ the income in paying the stipend of the minister, the salary of the clerk, and other expenses. By sect. 18, the powers and provisions of the previous acts as to the recovery and payment of stipends and salaries, and the recovery of pew rents, are to apply to chapels built under this act. c. 38. Patronage of The provisions of 1 & 2 Will. 4, c. 38, s. 2 (amended by 1 & 2 1 & 2 Will. 4, Vict. c. 107, s. 1, and 3 & 4 Vict. c. 60, s. 13), as to the patronage of churches or chapels built under it, or 7 & 8 Geo. 4, churches built c. 72, were these:-The bishop may, by writing under his hand under that and seal, declare that the patronage of such church or chapel, act, or 7 & 8 when all the conditions have been complied with (h), shall be Geo. 4, c. 72. in the persons building, or purchasing and endowing, their heirs and assigns, or in such trustees, being members of the church, as they shall appoint, and in such future trustees as may be appointed, or in some ecclesiastical person or body corporate; provided that the number of trustees, except in some particular specified cases, shall not exceed five. By 14 & 15 Vict. c. 97, s. 14, 14 & 15 Vict. however, this power is taken away from the bishop, and it would c. 97. now appear to be vested, if at all, in the commissioners. By sect. 5 of 1 & 2 Will. 4, c. 38, in all cases not therein- 1 & 2 Will. 4, before provided for, where any persons declare their intention of c. 38. endowing any chapel already built or intended to be built by them with some permanent endowment to the satisfaction of the commissioners, they may, by instrument under their seal (sect. 19), declare the patronage to be in such persons, their heirs and assigns, or such persons, ecclesiastical person or body corporate as they shall appoint; or if the chapel is built by subscription, then in such persons, &c. as the major part in value of such subscribers (being subscribers of 507. at least (i)) shall at any time appoint (k): provided that, except in certain particular cases, the number of patrons does not exceed five. But before the commissioners can so declare, an application in writing must be made to them setting forth certain particulars, copies of which are to be sent to the patron and incumbent of the parish. By sect. 9, the patronage shall, upon consecration, immediately vest in the patron already mentioned by the name and style specified in the sentence of consecration. By sect. 15, provision is made for cases where the crown is the patron of the original parish. By 14 & 15 Vict. c. 97, s. 7, all restrictions as to population Extension by contained in 1 & 2 Will. 4, c. 38, are removed, and the com- 14 & 15 Vict. missioners (with the bishop) may, in all cases where a church or chapel is built and endowed to their satisfaction and a com (h) Vide supra, p. 1709; Williams v. Brown, 1 Curt. p. 54. (i) 3 & 4 Vict. c. 60, s. 11 [re pealed, subject to savings, by 37 & 38 Vict. c. 96]. (k) 3 & 4 Vict. c. 60, s. 9. c. 97. Commis sioners may accept, for the purpose of an endowment and a repair fund, lands, &c. and money. 6 & 7 Vict. c. 37. Patronage under 6 & 7 Vict. c. 37. petent repair fund is provided, declare the patronage to be in the persons so building and endowing or their nominees. Provision is made for the appointment of trustees by sect. 10 of the same act. Previous, however, to any such declaration being made by the commissioners, an application in writing must be made to them setting out certain particulars; and copies of such application must be sent to the patron and incumbent of the parish and of any other parish affected (7). The 14 & 15 Vict. c. 97 makes the following provision for the establishment of an endowment or repair fund: Sect. 8. "The exemption from the provisions of the Mortmain Acts, and the restrictions applicable to such exemption contained in" 3 & 4 Vict. c. 60, "shall be applicable to any endowment or grant or conveyance for the purpose of a repair fund of any such church or building; and, subject as aforesaid, the said commissioners may accept, by way of endowment and for the purpose of a repair fund for such church or building, such permanent provision as they may consider satisfactory, consisting of all or any of the following descriptions of property, namely, land, tithes, rent-charges and other tenements or hereditaments, money charged on land or invested in the funds; and such endowment and repair fund shall be exclusive of and in addition to the pew rents (if any) of such church or building; and as regards any endowments to be made for the purpose of obtaining the patronage as aforesaid, the same may be vested in such trustees, not exceeding five, as the said commissioners direct; and such trusts thereof, and for the sale or conversion thereof, and reinvestment of the produce either in land or in government securities, with powers of granting building or other leases, and all other powers for the due administration of such endowments and repair fund, and appointment of new trustees, may be declared as the said commissioners think fit" (m). The act 6 & 7 Vict. c. 37, is directed rather to the formation of new parishes, and to the endowment of the ministers thereof, than to the building of churches; but by sect. 24 it is expressly provided that the church building commissioners may make grants in aid of the erection of the church of any district formed under the act; and by sect. 22, power is given to private persons to give benefactions "for or towards providing any church or chapel for the purposes and subject to the provisions of this act" (n). By sect. 20, the patronage of any new parish or district formed under the act may be assigned to any ecclesiastical corporation, the universities of Oxford, Cambridge, or Durham, or any college therein, or any persons or their nominees, on the condition of contributing to an endowment for the minister or a church. Unless or until such an assignment of patronage is (7) 14 & 15 Vict. c. 37, s. 11. See also sects. 12—15. (m) Vide supra, p. 1710. (n) Vide supra, p. 1695, and Baldwin v. Baldwin, 22 Beav p. 419, there cited. made, the patronage is to vest in the crown and the bishop alternately, the bishop first (o). c. 104. By 19 & 20 Vict. c. 104, s. 16, the provisions of the 6 & 7 Extended by Vict. c. 37, s. 20, shall be extended so as to apply "to the case of 19 & 20 Vict. the patronage of any church or chapel to which a district shall belong," and the patronage of which is ex officio vested in the incumbent of the original parish, and to any new parish made under this act, or any parish having neither incumbent nor patron, or to any benefice in the patronage of the Crown, the Chancellor of the Duchy of Lancaster or Duke of Cornwall, or any corporation; provided that the permanent endowment does not exceed 100%. a year, or the income from all sources 2501. a year. This patronage may not, however, be assigned for any less consideration than the building of a church and endowing it with 457. a year, or an endowment alone of 1507.; and the assignments may only be made with the consent of the patron, where the crown or any corporation is such patron, of the bishop in parishes where there is neither incumbent nor patron, and, where the patronage is in the incumbent of a benefice itself in private patronage, with the consent of the bishop and after one month's notice to such patron, who may if he pleases require compensation for the diminished value of his advowson (p). Until any such provision is made the patronage may, if the commissioners think fit, be vested in the incumbent of the old parish during his incumbency (q). Where the commissioners under the last act, or 6 & 7 Vict. c. 37, vest the patronage in the nominees of any body or person, such nominees shall not exceed five, and shall be named in the deed, and shall sign declarations that they are members of the church; and provision is made for the appointment of new trustees (r). of patronage Inasmuch as the sale or assignment of ecclesiastical patronage 9 & 10 Vict. holden by any spiritual person in virtue of his dignity or c. 88. spiritual office was made illegal by 3 & 4 Vict. c. 113, s. 42 (s), Assignment it is specially provided by 9 & 10 Vict. c. 88, that this provi- for purposes sion shall not extend to make assignments or agreements to of acts not assign patronage under 1 Geo. 1, st. 2, c. 10, or 8 & 9 Vict. illegal. c. 70, or any act recited therein, illegal (s). to be sold. By 19 & 20 Vict. c. 104, s. 21, "Whenever the right of 19 & 20 Vict. patronage of any such before-mentioned benefice with cure of c. 104. souls shall, pursuant to the foregoing provisions of this act, Patronage not have become vested in perpetuity in any body or person by reason of such body or person having augmented the endowment of such benefice in such adequate manner as is herein before mentioned, and whenever such benefice shall, at the time of such transfer of patronage, be already permanently endowed with an annual sum of not less than one hundred pounds, or whenever (0) Sect. 21; see 7 & 8 Vict. c. 94, 88. 1-3. (p) 19 & 20 Vict. c. 104, ss. 17, 18; 32 & 33 Vict. c. 94, s. 10; see also 19 & 20 Vict. c. 104, ss. 19, 20. Ibid. s. 24. Vide supra, p. 882. Penalty of lapse if sold. 32 & 33 Vict. c. 94. Contract for the assignment of patronage under Church the annual income of such benefice from all sources shall, when calculated upon an average of the three years immediately preceding such augmentation, amount to one hundred and fifty pounds, no subsequent sale or assignment or other disposition of such patronage by any body or persons whatsoever, for any valuable consideration whatever, shall be made until thirty years next after such transfer, unless the entire proceeds be legally secured to the further permanent augmentation of such benefice, but every such sale, assignment, or other disposition of such patronage shall be illegal, and every presentation, collation, admission, institution or induction thereupon shall be void, and the right of patronage of such benefice shall thereupon for that turn lapse to the bishop: provided also, that when the patronage of any church or chapel to which a district shall have been assigned is vested in the incumbent of the original parish, district, or place out of which such district has been taken, the person holding the incumbency of such original parish, district or place at the time of the passing this act shall not be deprived of the patronage of such church or chapel by any assignment of the same during his incumbency without his consent.' By 32 & 33 Vict. c. 94, s. 12, "No contract, agreement, or arrangement under any of the provisions of the Church Building Acts or New Parishes Acts relative to the exercise by, or the vesting in, or the assignment to any body or person of the right of patronage of or presentation to any church or Building and chapel, in consideration of such body or person erecting or New Parishes enlarging or contributing towards or procuring or agreeing to Acts not to be procure the erecting or the enlarging of such church, or persimoniacal. manently endowing or contributing towards, or procuring or agreeing to procure the permanent endowment of such church, or of its incumbent or minister, shall be deemed corrupt or simoniacal." Certain of patronage Acts to be valid, and Sect. 13. "Every instrument whereby any declaration or assignments assignment, or other disposition of any right of patronage under Church or of presentation to any church or chapel has already been Building and made, or shall hereafter be made under any of the provisions New Parishes of the said acts, or in pursuance of any such contract or agreement as aforesaid, shall be deemed to have been and shall be good; and every presentation, institution, or induction which has already taken place, or shall hereafter take place in pursuance thereof, or of any such contract, agreement, or arrangement as aforesaid, shall be deemed to have been and shall be good, and no penalty or disability under either the canon law or the common or statute law, shall be deemed to have been or shall be thereby incurred." penalties against si mony not to attach. 3 Geo. 4, c. 72. Substitution of new for old church. With respect to the churches built under any of the acts which have been mentioned, provision was made by 3 Geo. 4, c. 72, s. 30 (t), for the substitution of the new church thus built as the parish church in the place of the old parish church, in certain cases and under certain conditions. (t) Repealed by 36 & 37 Vict. c. 91. By 1 & 2 Vict. c. 107, ss. 16, 17, the commissioners, with the 1 & 2 Vict. consent of the bishop, the patron of the parish church, and the c. 107. vestry, may direct that any church or chapel in the parish shall become the parish church, and the old parish church a chapel of ease, so that the new church shall have all the rights and privileges of the old one, and be the church of the incumbent of the parish, and in the gift of the patrons of the old parish church. By 2 & 3 Vict. c. 49, s. 9, however, these powers shall not 2 & 3 Vict. extend to enable the commissioners to make any chapel, built c. 49. under 1 & 2 Will. 4, c. 38, or any church or chapel, the patronage of which is in other hands than that of the old parish church, into the parish church without the consent of the patron and incumbent of such church or chapel. By 8 & 9 Vict. c. 70, it is enacted as follows: and extension Sect 1. "Notwithstanding any limitation or restriction or 8 & 9 Vict. other thing contained in " 3 Geo. 4, c. 72, "where a new church c. 70. has been already built or shall hereafter be built in any parish Explanation or district parish, or ancient or parochial chapelry, and where of the provithe bishop of the diocese and the patron and incumbent of such sions of 3 Geo. parish, district parish, or ancient or parochial chapelry shall at 4, c. 72, s. 30. any time certify to her majesty's commissioners for building new churches that it will be for the convenience of such parish, district parish, or ancient or parochial chapelry that such new church, being duly consecrated, should be substituted for the old or existing church situate therein, it shall be lawful for the said commissioners, by an instrument under their common seal, with the consent of such bishop, patron, and incumbent, under their hands and seals, to declare that such new church, being duly consecrated, shall be substituted for such old or existing church, and to transfer the endowments, emoluments, or rights belonging to such old or existing church, or to the incumbent or minister thereof, to such new church, and to the incumbent or minister thereof, and his successors; and it shall be lawful in every such case for the trustees (if any) of such old or existing church, or of any rights, emoluments, or endowment belonging thereto, or to the incumbent or minister thereof, and they are hereby required, and indemnified for so doing, to transfer the same according to the direction of the said commissioners; and immediately from and after such transfer all glebe lands, tithes, and other endowments, emoluments, fees, and profits, and every matter or thing, whether real or personal, and all rights and privileges wherewith any such old or existing church is or was, at the time of such substitution, endowed, or to which the incumbent or minister thereof was or is entitled, shall be vested in and belong to the incumbent or minister for the time being of such new church, and his successors, in as ample a manner as the incumbent or minister of the old or existing church might have enjoyed the same if such transfer had not taken place, and the incumbent or minister of such old or existing church shall thereupon be, to all intents and purposes, the rector, vicar, perpetual curate, or minister, as the case may be, of such new |