dowments or any portion thereof to any benefice, shall be deemed a benefice for the purpose of such arrangements or any of them. 18 & 19 VICTORIA, cap. 127. An Act to make better Provision for the Union of contiguous Benefices, and to facilitate the building and endowing of new Churches in spiritually destitute Districts. WHEREAS an act was passed in the second year of her Majesty's reign, intituled, "An act to abridge the holding of 1 & 2 Vict. benefices in plurality, and to make better provision for the c. 106. residence of the clergy;" and in such act provision is contained authorizing the union, by order of her Majesty in council, after such inquiry and notice, and with such consent and upon such certificate as is therein mentioned, of two or more benefices, or one or more benefice or benefices, and one or more spiritual sinecure rectory or rectories, vicarage or vicarages, in the same parish or contiguous to each other, of which the aggregate population should not exceed one thousand five hundred persons, and the aggregate yearly value should not exceed five hundred pounds: and whereas another act was passed in the fourteenth year of her Majesty's reign, intituled, "An act to amend the law relating to the holding of benefices in plurality," by which 13 & 14 act the provision herein before referred to was extended so as to be applicable to and for the union of benefices, sinecure rectories, and vicarages in the same parishes or contiguous to each other, and of which the aggregate population should not exceed one thousand five hundred persons, notwithstanding the aggregate yearly value should exceed five hundred pounds and whereas it is expedient to amend the said recited acts, and further to extend the same, so as to make better provision for the union of contiguous benefices in cases where such union may be advantageous to the interests of religion: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this : Vict. c. 98. Contigu present parliament assembled, and by the authority of the same, as follows: I. Under the provisions of this act, it shall and may be ous bene. lawful to unite two or more benefices, or one or more fices may be united benefice or benefices, and one or more spiritual sinecure under this rectory or rectories, vicarage or vicarages, contiguous to each act, without regard other, without regard to aggregate population or aggregate to the ag- yearly value, and without any limitation as to the same, and gregate population that the union of such benefices shall and may be effected in or yearly the manner hereinafter provided. value. On repre sentation of inhabi tants of any two or more parishes that their benefices might be advantageously shall in the same. II. Whenever it shall be represented in writing to the bishop of the diocese by the inhabitants of any two or more such parishes in vestry assembled, or the major part of them respectively, due notice of the representation proposed to be made having been given in the usual manner, that the benefices of the parishes of which they are inhabitants may, with advantage to the interests of religion, be united, the bishop of the diocese to whom such representation in writing may be made shall inquire into the circumstances of the united, the case; and if on such inquiry it shall appear to such bishop bishop that such union may usefully be made, and that the patron quire into or patrons of the benefices, rectories, or vicarages proposed to be united are consenting thereto, such consent being signified in writing under the hands of such patron or patrons, or that the patronage of any new church or churches proposed to be erected under this act is to be vested in such patron or patrons as hereinafter is provided, the said bishop shall cause a statement in writing of the facts, certified and signed by himself, to be submitted to her Majesty's commissioners for building new churches, and the said commissioners shall institute inquiry, and, if they see fit, may propose a scheme for the union of such benefices, and for the other purposes of this act; and her Majesty's said commissioners shall and may for the purposes of this act exercise such powers and privileges as they now exercise or claim to exercise for the purchase of sites, the erection of new churches, and other objects within the commission of the said commissioners, to the full extent as such powers and privileges are now exercised or claimed to be exercised by the said commissioners. commis pose III. Whenever it shall appear to the commissioners for Church building new churches, upon inquiry into the circumstances building of the case, that the total revenue of any benefices proposed sioners to be united would be more than sufficient for the due main- may protenance and support of the incumbent of the benefice when scheme for united, and of such curate or curates as may be needed for transfer of surplus the same, and that the whole or some specified part or parts revenues of the glebe lands, houses, tithes, tenements, or heredita- to poor parishes. ments, or other permanent endowments in lieu of tithes, belonging to the benefice or benefices proposed to be united, or any of them, might with advantage to the interests of religion be made subject to a certain annual rent-charge in perpetuity in favour of some other specified benefice having no provision or competent provision belonging thereto, as an endowment, or a further endowment for the same, the church building commissioners, with the consent of the patron or patrons of the benefices proposed to be united, may entertain or propose a scheme or plan for such rent-charge or transfer and annexation: provided always, that the consents of such patrons shall be signified in writing, and that in any case where the patronage of any such benefice may be vested in any individual not wholly entitled to dispose of the same, the consent of the next heir, being of full age, to the right of such patronage, shall also be signified in writing. on church IV. The church building commissioners, so soon as they Scheme to shall have prepared a scheme for the purpose of more effec- be posted tively carrying out the proposed union of benefices, or a doors, &c. scheme for the transfer of surplus revenues, shall seal the same with their seal, and shall cause to be affixed on or near to the principal outer door of the church or churches of the parishes proposed to be united, and in the usual place of notice in the said parishes, a copy or copies of such scheme, and shall deliver copies of the same to the bishop of the diocese, and to the patrons, ministers, churchwardens, overseers, and vestry clerks of the benefices proposed to be united, together with a notice to any person or persons interested, that they or any of them may within two months show cause to the said commissioners against the proposed union of benefices, may show or the transfer of surplus revenues, or as to any part or cause parts of any scheme relating thereto; and if within such scheme. Parties interested against cient cause shown, commis sioners to period of two months no cause be shown, or if upon conIf no suffi- sideration of any objection the church building commissioners shall be of opinion that the cause shown is not sufficient, the said commissioners shall then certify the statement and certificate of the bishop as aforesaid, together with their certify to Queen in scheme, to her Majesty in council, and thereupon it shall be council. lawful for her Majesty in council to make and issue any order or orders for uniting such benefices into one benefice with cure of souls for ecclesiastical purposes, and for such other purposes as are herein provided: provided always, that if any petition or statement is lodged by way of protest, or any appeal is made against the scheme or any part thereof, as hereinafter is provided, no such order or orders in council shall be made or issued until such petition or statement has been duly considered, or the parties to such appeal have been duly heard. Proviso. Protests against the scheme may be V. It shall and may be lawful for any person or persons interested, who may have been heard by the said commissioners against the proposed union of any benefices, or considered against subjecting the endowments or revenues thereof, or by judicial committee. any part or parts of any scheme certified by them to her Majesty in council, to appeal to her Majesty in council against such scheme or any part thereof, in the usual manner, or such person or persons may, at their option, state in writing, by way of protest, his, her, or their objections to such union or any part or parts thereof, and the commissioners shall annex such written statement or protest to their certificate to the Queen in council, and her Majesty in council may order and direct that such objections shall be considered by the judicial committee of the privy council, and the said judicial committee shall make report to her Majesty in council thereupon, and may propose to her Majesty in council to affirm, vary, or dismiss the scheme certified by the commissioners, or to return the same to the said commissioners for alteration or amendment; and her Majesty in council may affirm, vary, or dismiss the scheme accordingly, or return the same to the commissioners to be reconsidered as to any parts thereof. Queen in council may make orders VI. It shall be lawful for her Majesty in council, by any order or orders affirming or approving any scheme of the commissioners, and directing a union of any parishes, or by any other order or orders, to direct that such or such part affirming of any lands, tithes, tenements, or hereditaments, or other peror approv. ing any manent endowments of the benefices proposed to be united, scheme. shall be subject to such rent-charge, or excepted out of such benefice when united, and be transferred and annexed to such other specified benefice, and upon the order or orders directing such rent-charge or transfer and annexation coming into operation the lands, houses, tithes, tenements, or hereditaments, or other permanent endowments, so directed to be subject to such rent-charge, or to be transferred and annexed, shall, without any further deed, transfer, or other assurance, become and be for ever subject to such rent-charge or annexed to such benefice, as the case may be, and shall be held and enjoyed by the incumbent thereof for the time being as the endowment or a part of the endowment thereof, subject and without prejudice nevertheless, to all leases, grants, rents, charges, and incumbrances existing at the time of such rent-charge or transfer and annexation legally affecting the same, except so far as any such apportionment as aforesaid may affect the same respectively; and all such lands, houses, tithes, tenements, and hereditaments, or other permanent endowments, when so transferred or annexed as aforesaid, shall belong to and the same and the rents and profits thereof shall be recoverable by the incumbent of such benefice for the time being, in the same manner and by the same remedies as were applicable thereto before such transfer and annexation. Orders in council to be ga and to VII. The order or orders in council affirming any scheme, or directing any union of parishes, rent-charge, transfer, or cou annexation as aforesaid, shall, as soon as may be after the zetted and making thereof by her Majesty in council, be inserted and registered, published in the "London Gazette," and shall be registered have force in the registry of the diocese, and the registrar of the diocese of law. is hereby required to make such registry; and such order in council, so soon as the same shall have been gazetted, shall have full force and effect of law in all respects and as to all things therein contained, any law, statute, canon, grant, usage, or custom to the contrary, notwithstanding: provided always, that nothing in this act contained shall be construed to affect the rights and interests of any of the incumbents of benefices united under the provisions thereof who at the time of the |