RIES. Minister thereof to be a per shall render void other livings, in like manner as institution to any benefice; THE DIVISION OF PARISHES and the spiritual person serving the same shall be deemed the incumbent INTO CHAPELthereof, with exclusive cure of souls therein, and shall have perpetual succession, and shall be a body politic and corporate, and he and his successors may receive, take, and hold such endowments in lands or tithes, or both, or any such augmentation, as shall be granted to him or them, in the same petual curate. manner as any other incumbent is by law entitled to do; and every such incumbent shall be subject to all jurisdictions and laws ecclesiastical or common, and to all provisions contained in any acts of parliament in force relating to such persons; and the church of every such consolidated chapelry shall be subject to the jurisdiction of the bishop within whose diocese and archdeaconry the communion table of such church shall be locally situated, and to all the laws in force concerning presentation and appointment to benefices and churches, and all other laws relating to the holding of the same: provided that where at the time of forming such consolidated chapelry the church shall be full, the spiritual person filling such church shall be and remain incumbent of the church, and also of the whole consolidated chapelry. By stat. 8 & 9 Vict. c. 70. s. 10. banns of marriage may be published, and marriages, christenings, churchings, and burials performed, in the church of every such consolidated chapelry so formed, and, notwithstanding anything contained in stat. 59 Geo. 3. c. 134. to the contrary thereof, the fees arising therefrom shall, unless voluntarily relinquished by them or either of them, belong to the incumbent and clerk respectively of the parishes out of which such consolidated chapelry shall have been formed, during their respective incumbencies, or during the time the clerk shall retain his situation; and the incumbent of such consolidated chapelry shall keep an account of the fees so received, and shall every year pay over the same to such incumbents and clerks respectively who would have been entitled to them if such consolidated chapelry had not been formed; and after the next avoidance of such respective incumbencies, and after the situations of such respective clerks shall have become vacant, such fees shall belong and be paid to the incumbent of such consolidated chapelry and the clerk of the church thereof. By stat. 8 & 9 Vict. c. 70. s. 12. the Church Building Commissioners may make a grant out of the available monies in their hands for or towards the erection of new churches in aid of the erection of any new church intended to be made the church of any consolidated chapelry, although the population of the parish or extra-parochial place in which such church will be situate may not amount to four thousand persons and upwards, and although there may be church accommodation for more than one fourth of the inhabitants of such parish or extra-parochial place, provided that the consolidated chapelry shall contain a population of at least four thousand persons, with church accommodation therein for not more than one fourth of the inhabitants thereof. Stat. 8 & 9 Vict. c. 70. s. 10. church may be performed Offices of the therein. Aportionment of fees. Stat. 8&9 Vict. c. 70. s. 12. Commissioners may, in certain cases, make grants in aid of the erection of the church for any consolidated chapelry. THE ALTERA TION OF THE CONTENTS OF Stat. 1 & 2 Vict. c. 106. s. 27. Power of adjusting dis. putes. Stat. 8 & 9 Vict. c. 70. s. 22. Apportionment of bequests, &c. and also of charges, to be made by the Court of Chancery. 7. THE ALTERATION OF THE CONTENTS OF PARISHES. By stat. 1 & 2 Vict. c. 106. s. 26. & stat. 2 & 3 Vict. c. 49. s. 6. provisions are made for annexing isolated places to the contiguous parishes, or making them separate benefices. (1) Stat. 1 & 2 Vict. c. 106. s. 27., after reciting the changes effected for uniting or disuniting benefices, and for altering the contents of parishes. and that when the orders for those purposes respectively came into operation, they might raise doubts and create disputes not foreseen at the time when such orders may have been made respecting ecclesiastical jurisdiction, glebe lands, tithes, rent charges, and other ecclesiastical dues, rates, and payments, patronage, rights to pews, and the definition of local boundaries, enacts—that her Majesty in council, at any time within five years after such orders respectively shall come into full operation, if occasion shall arise, may make a supplemental order for removing such doubts and settling such disputes; and every such supplemental order is to have the same force and effect as if it had formed part of the original order made under the provisions of the act: provided that in every case in which the contents of parishes shall be so altered, such alteration is not in any way to affect the secular rates, taxes, charges, duties, or privileges of such parishes, or of any part of them. By stat. 8 & 9 Vict. c. 70. s. 22., where the Church Building Commissioners shall have already formed, or shall hereafter form, any distinct and separate parish, district parish, or district chapelry, out of any parish or extra-parochial place, the Court of Chancery, on a petition being presented to the Court by any two persons resident in any parish or extra-parochial place (such petition to be presented, heard, and determined according to the provisions of stat. 52 Geo. 3. c. 101.), may apportion between thể remaining part of such parish or place and the distinct and separate parish, or district parish, or district chapelry, any charitable devises, bequests, or gifts which shall have been made or given to or for the use of any such parish or extra-parochial place, or the produce thereof, and in any such case to direct that the distribution of the proportions of such devises, bequests, or gifts, or the produce thereof as shall be so apportioned, shall be made and distributed by the incumbent or spiritual person serving the church, or by the churchwardens of any such distinct and separate parish, district parish, or district chapelry, either jointly or severally, as the Court of Chancery may think expedient; and the Court of Chancery may apportion between the remaining part of such parish or place, and such separate divisions or districts, any debts or charges which may have been before the period of such apportionment contracted or charged upon, the credit of any church rates in such parish or place; and all such apportionments shall be registered in the registry of the diocese in which such parish or place shall be locally situate, and duplicates thereof shall be deposited with the churchwardens of such parish or place, and of each such division or district, and in all such cases the costs shall be at the discretion of the Court; and such apportioned debts or charges shall be (1) Fale Stephens Ecclesiastical Statutes, 1944. 1920. TION OF THE CONTENTS OF PARISHES. raised and paid by the parish or place in which they may be apportioned THE ALTERAin such and the like manner as the entirety was to be raised and paid, or in such manner and under such provisions and conditions as the Court shall direct; and when any securities may have been given for the same, the Court may order new securities to be given for the apportioned debts by such persons and bodies, and in all respects as the Court may direct, and all securities shall be valid and binding; and the powers and authorities given to the commissioners by stat. 3 Geo. 4. c. 72., with respect to the apportionment by them of such devises, bequests, gifts, and charges, shall with respect to the future exercise of such powers and authorities cease and determine. 8. THE ASSIGNMENT OF DISTRICTS. By stat. 59 Geo. 3. c. 134. s. 16. & stat. 2 & 3 Vict. c. 49. s. 1. the Church Building Commissioners can assign districts to chapels under the care of curates. THE ASSIGN MENT OF DISTRICTS. 4. c. 38. s. 10. Commissioners may assign a district to churches and chapels in certain cases. By stat. 1 & 2 Gul. 4. c. 38. s. 10. the Church Building Commissioners, with Stat. 1 & 2 Gul. consent of the bishop of the diocese, in all such cases as shall come before them, and the bishop of the diocese alone in all such other cases as are mentioned in the act, and also with the consent of the patron and incumbent in all other cases in which additional churches or chapels have been built and endowed, may proceed to assign a particular district to every such church or chapel, except where from special circumstances they may deem it not advisable to assign a district, and such districts are to be under the immediate care of the minister who shall have been duly licensed to serve such church or chapel, so far only as regards the visitation of the sick and other pastoral duties, and shall not be deemed a district for any other purpose whatsoever: but it is provided that the commissioners can, with the consent of the bishop of the diocese, in all such cases as shall come before them, and for the bishop alone in all other cases, determine whether baptisms, churchings, or burials shall be solemnised or performed in any such church or chapel, or not; and the commissioners or bishop respectively, as the case may be, are to cause a description of the boundaries of the district assigned by them to such church or chapel to be registered in the registry of the bishop of the diocese, and also to cause their order and direction in writing, as to all offices to be performed in any such church or chapel, to be registered in the registry of the diocese. (1) By stat. 1 & 2 Vict. c. 107. s. 10., in all cases where a church or chapel Stat. 1 & 2 Viet. has been or shall be hereafter built by subscription, and endowed and sub- c. 107. s. 10. sequently augmented by a grant from Queen Anne's Bounty, and where the patronage of such church or chapel shall have been acquired under any of the acts passed for regulating the distribution of such bounty, the Church Building Commissioners can, with the consent of the bishop and the patron and incumbent of the parish, district parish, or district chapelry (1) By stat. 1 & 2 Gul. 4. c. 38. s. 11. provisions are made, where districts extend beyond one parish. THE ASSIGN MENT OF DISTRICTS. in which the church or chapel may be, assign a district to such church or chapel, and make the same a district parish, but the patronage of such church or chapel is not to be affected thereby. By stat. 2 & 3 Vict. c. 49. s. 10. the minister is to have exclusive cure of souls within his district. BOUNDARIES OF Stat. 58 Geo. 3. c. 45. s. 22. scribed. Description en rolled in Chancery. Stat. 58 Geo. 3. c. 45. s. 23. Boundaries may be altered. Stat. 3 & 4 Vict. c. 60. s. 6. Stat. 58 Geo. 3. c. 45. s. 24. Districts to be separate parishes for ecclesiastical purposes. 9. BOUNDARIES OF NEW PARISHES, DISTRICTS, AND CHAPELRIES. By stat. 58 Geo. 3. c. 45. s. 22. the several new parishes created by any complete division under the provisions of the act, and also the several districts of any parish or extra-parochial place where any such division thereof has been so made, is to be ascertained and marked out by described bounds, and the description of such bounds is to be enrolled in the Court of Chancery, and be registered in the office of the registry of the diocese, and notice thereof given in such manner as the Church Building Commissioners shall deem necessary. By stat. 58 Geo. 3. c. 45. s. 23. if his Majesty in council, upon the representation of the Church Building Commissioners made with the consent of the bishop of the diocese, signified under his hand and seal, shall think fit to alter such boundaries, at any time within five years after such enrolment, such order in council is to be valid for the purpose of effecting such alteration, and the same is to be enrolled and registered in like manner as in the Court of Chancery. But stat. 3 & 4 Vict. c. 60. s. 6. enacts, that if her Majesty in council, upon the representation of the Church Building Commissioners made with the consents of the bishop of the diocese and of the patron and incumbent of the parish church, signified under their respective hands and seals, shall think fit to alter the boundaries of a distinct and separate parish, or a district parish or a district chapelry (formed under stat. 58 Geo. 3. c. 45. & stat. 59 Geo. 3. c. 134.) at any time after five years from the time the description of such boundaries has been enrolled in the Court of Chancery, such order in council shall be valid for the purpose of effecting such alteration; but such order in council must be enrolled and registered in the Court of Chancery. By stat. 58 Geo. 3. c. 45. s. 24. the boundaries therein mentioned are to continue and be the boundaries of the parishes or districts respectively, and such districts are thereupon to become and be called district parishes, by such names as shall be given to them respectively in the instrument enrolled, and become and be separate and distinct district parishes; and the churches and chapels respectively assigned to such dis tricts are, when duly consecrated for that purpose, to become the district parish churches of such district parishes for all purposes of ecclesias tical worship and performance of ecclesiastical duties, and as to all marriages, christenings, churchings, and burials, and the registry thereof respectively within the same, and in relation to all fees, oblations, and offerings, and the demanding, suing, and prosecuting for and recovering the same, and as to all other purposes whatsoever. (1) (1) By stat. 59 Geo. 3. c. 134. s. 18. descriptions are to be registered in the registry of the diocese. pro BOUNDARIES OF Stat. 1 & 2 Gul. 4. c. 38. $11. Provision where districts extend beyond one parish. By stat. 1 & 2 Gul. 4. c. 38. s. 11., in cases where the district to be vided for any church or chapel erected or to be erected extends into more parishes than one, all the conditions thereby directed to be complied CHAPELRIES. with are to be observed with respect to the patrons and incumbents of each parish, any part of which may be comprised in such district, and the patron or patrons, incumbent or incumbents, of each such parish, are to be entitled to such and the same notices, and such and the same rights and privileges, as if such district were solely situate in one only of such parishes. By stat. 3 & 4 Vict. c. 60. s. 7., if the consent of the incumbent be not obtained to the alteration of the boundaries, the order in council on the representation of the Church Building Commissioners may be made to effect the alteration, with the consents of the bishop of the diocese and the patron, though without the consent of the incumbent; provided that such alteration does not take effect until after the next avoidance of the parish church. By stat. 8 & 9 Vict. c. 70. s. 16. the Church Building Commissioners can at any time alter the boundaries of a distinct and separate parish, district parish, district chapelry, or consolidated chapelry, although five years may not have elapsed since the description of such boundaries has been enrolled in the Court of Chancery, or registered in the registry of the diocese. Stat. 3 & 4 Vict. c. 60. s. 7. Alteration of boundaries not to take effect without in cumbent's consent until next avoidance. Stat. 8&9 Vict. Boundaries, &c. may be altered at any time. c. 70. s. 16. PARISH CLERK. (1) 1. ORIGIN OF PARISH CLERKS, p. 870. 2. APPOINTMENT, QUALIFICATIONS, AND RESPONSIBILITIES, p. 870-875. Qualification as to age-Canon 91. The nomination must be in conformity with the canon, if a custom cannot be proved · No canon can repeal or alter a custom — - Church 3. SALARY, p. 876, 877. Constitution of Archbishop Boniface Canon 91. Proceedings must be taken in the temporal courts for recovery of the salary-When Church Building Commissioners can settle the amount of the clerk's fees Apportioning clerk's fees between two parishes -Mode of recovering salary under stat. 59 Geo. 3. c. 134. s. 10. (1) Vide tit. CURATES-PEWS. |