Nonconformists Chapels Act, 1844

NONCONFORMISTS CHAPELS ACT 1844

CHAPTER XLV.

An Act for the Regulation of Suits relating to Meeting Houses and other Property held for regligious Purposes by Persons dissenting from the United Church of England and Ireland [1.] [19th July 1844.]

[Recital of 1 Will. & Mar. c. 18; 19 Geo. 3. c. 44; 53 Geo. 3. c. 160; 6 Geo. 1. (I.) c. 5; 57 Geo. 3. c. 70.] Whereas prior to the passing of the said recited Acts respectively, as well as subsequently thereto, certain meeting houses for the worship of God, and Sunday or day schools (not being grammar schools), and other charitable foundations, were founded or used in England and Wales and Ireland respectively for purposes beneficial to persons dissenting from the Church of England and the Church of Ireland and the United Church of England and Ireland respectively, which were unlawful prior to the passing of those Acts respectively, but which by those Acts respectively were made no longer unlawful:

Recited Acts to apply to meeting houses, &c. founded prior to passing of Acts.

[1.] With respect to the meeting houses, schools, and other charitable foundations so founded or used as aforesaid, and the persons holding or enjoying the benefit thereof respectively, such Acts and all deeds or documents relating to such charitable foundations, shall be construed as if the said Acts had been in force respectively at the respective times of founding or using such meeting houses, schools, and other charitable foundations as aforesaid.

The religious doctrines or opinions to be preached, &c. in any meeting houses to be collected from 25 years usage where not expressly stated in the deed of trust.

Application of funds for benefit of congregation, minister, &c, Where doctrines, &c. to be preached, &c. are expressly declared, such declaration shall be followed notwithstanding any different usage.

2. So far as no particular regligious doctrines or opinions, or mode of regulating worship, shall, on the face of he will, deed, or other instrument declaring the trusts of any meeting house for the worship of God by persons dissenting as aforesaid, either in express terms, or by reference to some book or other document as containing such doctrines or opinions or mode of regulating worship, be required to be taught or observed or be forbidden to be taught or observed therein, the usage for twenty-five years immediately preceding any suit relating to such meeting house of the congregation frequenting the same shall be taken as conclusive evidence that such religious doctrines or opinions or mode of worship as have for such period been taught or observed in such meeting house may properly be taught or observed in such meeting house, and the right or title of the congregation to hold such meeting house, together with any burial ground, Sunday or day school, or minister’s house, attached thereto; and any fund for the benefit of such congregation, or of the minister or other officer of such congregation, or of the window of any such minister, shall not be called in question on account of the doctrines or opinions or mode of worship so taught or observed in such meeting house: Provided nevertheless, that where any such minister’s house, school, or fund as aforesaid shall be given or created by any will, deed, or other instrument, which shall declare in express terms, or by such references as aforesaid, the particular religious doctrines or opinions for the promotion of which such minister’s house, school, or fund is intended, then and in every such case such minister’s house, school, or fund shall be applied to the promoting of the doctrines or opinions so specified, any usage of the congregation to the contrary notwithstanding.

[S. 3 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

[1Short title, “The Nonconformists Chapels Act, 1844.” See 55 & 56 Vict. c. 10.]