Church Building Act, 1824

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CHURCH BUILDING ACT 1824

CHAPTER CIII.

An Act to make further provision, and to amend and render more effectual Three Acts passed in the Fifty-eighth and Fifty-ninth 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.[¹] [24th June 1824.]

[Preamble recites 58 Geo. 3. c. 45., 59 Geo. 3. c. 134., & 3 Geo. 4. c. 72.]

[Ss. 1–4 rep. 36 & 37 Vict. c. 91. (S.L.R)]

Bishops may consent to the building or purchase of an additional church by private subscription in any parish, &c. upon certificate of twelve or more householders that there is not accommodation for more than one fourth of the inhabitants, &c., and that they are willing to provide additional accommodation.

5. [Recital.] Whenever any twelve or more substantial householders of any parish, township, or extra-parochial place shall certify in writing to the bishop of the diocese within which such parish, chapelry, township, or extra-parochial place shall be situate that there is not accommodation for more than one-fourth of the inhabitants thereof for the 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 other persons 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 building or buildings to be used as a church or chapel, for the performance of the said service, and to provide out of pew rents of such church or chapel a competent stipend for the spiritual person who may officiate therein, and for a clerk thereof, and for all other expenses incident to the performance of divine service, and for maintaining the said church or chapel, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such bishop, if he shall think fit, to signify his consent to the building or purchasing such church or chapel, as the case may be, according to such plan, and upon such site as shall be submitted to and approved by him for that purpose.

Subscribers of 50l. to elect three life trustees for the management of the church, and nomination of minister for a limited period.

6. The several and respective persons proposing to build or purchase any such church or chapel, or any such building as aforesaid, and their assigns, respectively subscribing for that purpose sums of not less than fifty pounds each, shall elect three trustees from amongst themselves, for the management and general regulations of the temporal affairs of such church and chapel, and for the nomination to the bishop, for a limited period, of a spiritual person to serve the same; and such trustees shall be called life trustees of such church or chapel, and shall continue such trustees, so long as any spiritual person nominated by them under the provisions of this Act shall serve such church or chapel.

Nomination of new trustees on death or resignation of life trustees.

7. In case any of the persons first appointed life trustees of any such church or chapel shall during the period above mentioned happen to die, or shall signify to the other life trustees his resignation of such trust, it shall be lawful for the majority of the persons who have subscribed towards the building or purchasing such church or chapel sums not less than fifty pounds each, and being owners or renters of pews in the same, who shall be present at any meeting to be called for that purpose, and which meeting any one or more of such trustees are hereby authorized and required to call and appoint, upon fourteen days notice at the least being affixed to the door of such church or chapel, upon the two Sundays next preceding the day on which such meeting is intended to be held, from time to time to nominate and appoint, by writing under their hands, any other person having subscribed a sum not less than fifty pounds, and being an owner or renter of a pew in such church or chapel, and a member of the Church of England, a life trustee in the place of the life trustee so dying or resigning; and every such new life trustee shall in every respect be vested with such and the like powers and authorities, to all intents and purposes, as the person to whose place he may be nominated and appointed as aforesaid.

If subscribers do not exceed three they shall be deemed the life trustees, and may appoint successors.

8. If the number of persons subscribing to build or purchase such church or chapel shall not exceed three, such person or persons shall be and be deemed to be the life trustee or life trustees of such church or chapel under the provisions of this Act, and shall have, use, and exercise all such and the like powers and authorities, to all intents and purposes, as any such life trustees as aforesaid, chosen under the provisions of this Act, may use and exercise; and in case of the death or resignation of any such life trustee, the person nominated by him, being a member of the Church of England, by his last will and testament, or by any instrument signed by him, shall be a life trustee in his place.

Bishop may consent as aforesaid upon joint application of persons willing to subscribe one half or more, and parishioners willing to raise the remainder on the credit of the rates.

9. In any case in which application shall be made to the bishop of any diocese for his consent to the building or purchasing any church or chapel, or buildings to be used as a church or chapel, in any parish, chapelry, township, or extra-parochial place situate within the said diocese, for the purpose aforesaid, 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 for building or purchasing the same, jointly with the parishioners of such 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, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such bishop, if he shall think fit, to signify his consent thereunto.

Application to bishop shall state certain particulars as to services and free seats.

10. Provided always, that every application which shall be made under the provisions of this Act to the bishop of any diocese shall state that the church or chapel is to be appropriated to the performance of divine service according to the rites of the Church of England, and shall offer to set apart such number or proportion of free seats as is required by the said recited Acts in cases in which churches or chapels are built or purchased under the provisions of the said recited Acts with any money advanced by the commissioners under the said recited Acts, and shall also offer to provide out of the pew rents arising from the remaining part of the seats of such church or chapel a competent salary for the spiritual person who may officiate therein, and for all other expenses incident to the performance of such divine service, and for maintaining the said church or chapel: Provided also, that no pew rents shall be taken, nor any service performed in such church or chapel, whether built or purchased by subscription only, or jointly by subscription and by rates, before the same shall have been duly consecrated, and a duplicate copy of such application, with the assent of the bishop of the diocese to the same, shall be deposited in such church or chapel.

Notice of application to bishop to be given to patron and incumbent of parish church, &c.

11. The persons or parishioners of any parish or place as aforesaid, making such application to the bishop, shall in every such case, at the time of making the same, give notice in writing thereof to the patron and incumbent of the church of the parish, chapelry, township, or extra-parochial place in which it is proposed to build or purchase any such church or chapel, in order to afford to such patron or incumbent the opportunity of laying before the bishop any statement in writing relating thereto; and the said bishop shall not signify his consent to such application within three calendar months from the time when he shall have received the same, together with a certificate that the said notice has been given.

Life trustees to nominate minister for the first two turns or for any numbers of turns which may occur in forty years. Subsequent nominations to be in incumbent of parish, unless the church is made a district church, and then in patron, &c.

12. The life trustee or trustees of any such church or chapel which shall be built or purchased by private subscription may nominate for the first two turns which shall occur after the consecration of the church or chapel, or for any number of turns which may occur during the space of forty years after the same, to the bishop of the diocese, for his approbation and licence, a spiritual person to serve the same; and all subsequent nomination shall be in the incumbent of the parish or extra-parochial place in which such church or chapel shall be built or purchased; unless in case of such chapel being made a district church as herein-after mentioned, in which case such subsequent nominations shall be in the patron of the church of the original parish; and in case of any neglect of any trustee or trustees patron or incumbent respectively to make such nomination the same shall lapse, as in the case of actual benefices; and if all the subscribers entitled to elect trustees shall die before such nominations shall have been made, or such forty years shall have elapsed as aforesaid, then and in every such case the nomination shall be made by the incumbent during such period: Provided also, that if all such subscribers shall die, so that no such election of any trustees can be made, and any one of the trustees for the time shall die or vacate, then and in every such case the incumbent for the time being shall be and become a trustee, to use and exercise all powers and authorities given to trustees under the provisions of this Act.

If church is built in part by rates, incumbent or patron shall have first and subsequent nominations.

13. Provided always, that in any case in which any such church or chapel shall be built or purchased in part by means of any rates to be raised in any parish, chapelry, township, or extra-parochial place, the first and subsequent nominations of the minister of such church or chapel shall be in the incumbent of the church of the original parish in which the same shall be built or purchased, except in case of such church or chapel being made a district church, when the same shall vest in the patron as aforesaid.

Church and ground, &c. shall vest in such persons as are specified in the sentence of consecration who shall be a corporation, &c.

14. From and after the completion of every such church or chapel, the land, ground, and scite whereon the same shall be built, with the cemetery thereto belonging, if any, and which land, ground, and scite shall be specified and described in the sentence of consecration of the church or chapel, shall be and the same are hereby declared to be vested in such person or persons and their successors for ever, by such name and style, as shall be specified in the sentence of consecration of the church or chapel; and such person or persons shall in every such case have perpetual succession in the name and style specified in the sentence of consecration, and shall hold the lands, grounds, and scites so vested in them as bodies corporate, by such name and style, without incurring or being subjected to any of the penalties or forfeitures of the statute of mortmain, or of any other law or statute whatsoever, to the use, intent, and purpose that every such church or chapel, with the cemetery to the same, if any, shall, when consecrated, be for ever thereafter set apart and dedicated to the service of Almighty God as a place of divine worship, according to the liturgy and usages of the united Church of England and Ireland as by law established, and be subject to the bishop of the diocese as such.

Life trustees or churchwardens may dispose of vaults, &c. and after paying the dues to which incumbent of parish is entitled, the remainder shall form a fund for supplying deficiencies in salaries of minister and clerk, &c., and for repairs.

Application of surplus income.

15. It shall be lawful for the life trustees or churchwardens respectively of any such church or chapel, and their successors, and they are hereby authorized and empowered, to sell and dispose of the vaults or burial places under any such church or chapel, and of vaults or burial grounds in the cemetery or yard of the church or chapel, if there shall be any cemetery or burial ground thereto; and such life trustees or churchwardens respectively are hereby empowered and required to pay to the incumbent of the parish such dues or sums as such incumbent would be entitled to and have of vaults or burial places of a like description in the church of the parish, and shall, after making such payments, invest or lay out the remainder of the monies thence arising in some public funds, stocks, or securities, from time to time, and also from time to time in like manner to lay out the interest, dividends, or proceeds of such public funds, stocks, or securities, or such part thereof as shall not be applied under the provisions of this Act, in like funds, stocks, or public securities; and such life trustees or churchwardens shall, out of such interest, dividends, or proceeds, from time to time make good any deficiencies, if any shall arise, in the payment of the stipends or salaries of the minister or clerk of the church or chapel, or any other payments or incidental expenses to be paid from the produce of the rents of pews or seats, by reason of the rents of pews not being adequate to the payment of such stipends, salaries, or expenses; and in the next place shall apply such interest, dividends, and proceeds in the maintaining, supporting, and repairing the church or chapel: Provided always, that if by reason of any such funds, or if the produce of pew rents being more than sufficient for all the purposes to which the same are made applicable under the provisions of this Act, there shall be a surplus of annual income, then and in any such case such surplus shall be applied in subsequent years to the purposes to which pew rents are applicable; and the pew rents shall in every such case be reduced rateably and in equal proportions, or a larger number of free seats shall be opened, as the bishop of the diocese shall order and direct.

Church may by consent be made a district church.

16. It shall be lawful for the said commissioners, with consent of a majority of the subscribers entitled to elect the trustees of any such church or chapel, and of the bishop, and of the patron and incumbent, to make any such church or chapel a district church or chapel, under the provisions of the said recited Acts and this Act.

At expiration of forty years church shall become a district church without consent if parish be divided, &c., otherwise shall become a parochial chapel.

17. At the expiration of the forty years all such churches and chapels shall become in all respects district churches, without any consent being obtained for that purpose, if his Majesty in council shall have made a division of the parish or extraparochial place for that purpose, in manner directed by the said recited Acts, or shall remain parochial chapels if no such division and appropriation of any such churches or chapels to a district shall have been made.

Provisions of recited Acts as to salary of minister, pew rents, and free seats to apply to churches and chapels built by subscription, &c. under this Act.

18. All the powers, authorities, provisions, regulations, clauses, penalties, and forfeitures in the said recited Acts or any or either of them contained, for the securing, recovering, and paying the salaries of spiritual persons, and for the recovery of pew rents, and all regulations as to the number or proportions of free seats in churches or chapels built or purchased wholly or in part with money advanced by the commissioners under the provisions of the said recited Acts, shall extend and be in full force, and be applied in all cases of any such churches or chapels as aforesaid being built or purchased by subscription or by rates under the provisions of this Act, as fully and effectually, to all intents and purposes, as if the same and each and every of them were severally and separately re-enacted and repeated in this Act.

[S. 19 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

[¹ Short title, “The Church Building Act, 1824”: see 47 & 48 Vict. c. 65. s. 5.]