No. XXXIII. c. 101. And whereas the above restriction has been found by experience to operate to the prejudice of such colleges or houses of learning, by rendering the succession too slow: And whereas the removal of such restriction will be for the benefit of such colleges or houses of learn- 45 Geo. III. ing, and of the said Universities, and will tend to the promotion of learning and to the providing a better supply of fit and competent parochial ministers;' be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said Statute as is herein-before recited shall be and the same is hereby repealed. [ No. XXXIV. ] 51 Geo. III. c. 115.-An Act for amending the Act Forty-third GEORGE Third, to promote the building, repairing, or otherwise providing the Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church-yards and Glebes.— [26th June, 1811.] WHEREAS by an Act passed in the forty-third year of his present 51 Geo. III. Majesty's reign, intituled, An Act to promote the building repairing c. 115. or otherwise providing of Churches and Chapels, and of houses for 42 Geo. III. the residence of Ministers, and the providing of Church-yards and Glebes: c. 100, § 1. it was enacted, that every person and persons having in his or their own right any estate or interest in possession reversion or contingency of or in any lands or tenements, or of any property of or in any goods or chattels, should have full power licence and authority, by deed inrolled in such manner and within such time as is directed in ← England by the Statute made in the twenty-seventh year of the reign of King HENRY the Eighth, and in Ireland by the Statute made in the tenth year of the reign of King CHARLES the First, for inrolment of bargains and sales; or by his her or their last will or testament in writing, duly executed according to law, such deed or such will or testament being duly executed three calendar months at least before the death of such grantor or testator, including the days of the execution and death, to give and grant to and vest in any person or persons, or body politic or corporate, and their heirs and successors respectively, all such his her or their estate interest or property in such lands or tenements not exceeding five acres, or goods and chattels, or any part or parts thereof, not exceeding in value five hundred pounds, for or towards the erecting rebuilding repairing purchasing or providing any church or chapel where the liturgy and rights of the said united church are or shall be used or observed, or any mansion house for the resi'dence of any minister of the said united church, officiating or to offi'ciate in any such church or chapel, or of any outbuildings offices churchyard or glebe for the same respectively, and to be for those purposes applied according to the will of the said benefactor in and by such deed inrolled, or by such will or testament executed as aforesaid expressed (the consent and approbation of the Ordinary being first obtained), and in default of such direction limitation or appointment, in such manner as shall be directed and appointed by the Patron and Ordinary, with the consent and approbation of the Parson Vicar or other Incumbent; and such person and persons, bodies politic and corporate, and their heirs and successors respectively, should have full capacity and ability to purchase receive take hold and enjoy for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons as shall be willing to sell or alien to such person or persons, bodies politic or corporate, any lands or tenements, goods or chattels, without any licence or writ of ad quod damnum: And whereas doubts have arisen whether the powers and provisions of the said Act will enable his Majesty to No. XXXIV. 'make any such grant for the purposes before mentioned: And whereas it is expedient that the powers of the said Act should be extended for that purpose;' be it therefore enacted by the king's most excellent 51 Geo. III. Majesty, by and with the advice and consent of the Lords Spiritual and c. 115. His Majesty may vest lands Minister. 9 H. III. c. 36. 1 Ann. Stat. 1. c. 7. No Grant to exceed five acres. Any person having Fee Simple of Manor may grant five acres of waste for ecclesiastical pur poses. Temporal, and Commons in this present Parliament assembled, and by the authority of the same, That the King's most excellent Majesty, his heirs and successors, shall have full power licence and authority, by deed or writing under the great seal, or under the seal of his duchy and county palatine of Lancaster, to give and grant and vest in any person or persons, bodies politic or corporate, and their heirs and successors respectively, all such his her or their estate interest or property in any lands or tenements within the survey of the Court of Exchequer, or of the duchy of Lancaster, for or towards the erecting rebuilding repairing purchasing or providing any church or chapel where the liturgy and rites of the said united church are or shall be used or observed, or any mansion house for the residence of any minister of the said united church officiating or to officiate in any such church or chapel, or of any outbildings offices church-yard or glebe for the same respectively, and to be for those purposes applied in and by such deed as aforesaid expressed, the consent and approbation of the Ordinary being first obtained, and such person and persons, bodies politic and corporate, and their heirs and successors respectively, shall have full capacity and ability to receive take hold and enjoy for the purposes aforesaid, any lands or tenements notwithstanding the Statute of Mortmain, or the Act of the first year of her late Majesty Queen ANNE, intituled, An Act for the better support of her Majesty's Household, and the honour and dignity of the Crown, or any other Act or Acts, or other impediment or disability whatsoever: Provided always, that nothing in this Act contained shall extend or be construed to extend to enable his Majesty his heirs and successors to grant more than five acres in any one grant for any of the purposes aforesaid, or to alter or amend any of the Provisions of the said Act of the forty-third year of his present Majesty which are not herein-before specially named and mentioned. II. And be it further enacted, by the authority aforesaid, That it shall be lawful for any person or persons, bodies politic or corporate, seized of or entitled to the entire and absolute fee simple of any manor, by deed under the hand and scal or hands and scals of any such person or persons, and under the seal or seals of any such body or bodies politic or corporate, and inrolled in the Court of Chancery, to grant to the Rector Vicar or other minister of any parish church and his successors, or to the Curate or Minister of any chapel and his successors, any parcel or parcels of land not exceeding in the whole the quantity of five statute acres parcel of the waste of such manor, and lying within the parish where such church or chapel shall be or shall be intended to be erected, or within any extra parochial district wherein any such chapel shall be or shall be intended to be erected, for the purpose of erecting thereon or enlarging any such church or chapel, or for a church-yard or burying ground, or enlarging a church-yard or burying ground for such parish or extra-parochial place, or for a glebe for the Rector Vicar Curate or other minister of any such church or chapel, to erect a mansion house or other buildings thereon, or make other conveniences for the residence of such Rector Vicar Curate or other minister, freed and absolutely discharged of and from all rights of common thereon, and any statute prohibiting any alienation in mortmain, or other statute law or custom to the contrary notwithstanding: Provided always, that no grant whated to Parochial soever shall be made of any land whatsoever for any of the purposes authorized by this Act, unless the church or chapel for the benefit whereof or of the minister whereof such grant shall be made shall be a parochial church or chapel for the service of the united church of England and Ireland, duly authorized by law, or a church or chapel duly consecrated for the service of such church, or erected or to be erected for such purpose by and with the licence and consent of the ordinary of the diocese wherein the same shall be. Grants restrict Churches or [ No. XXXV. ] 52 Geo. III. c. 146.-An Act for the No. XXXV; better regulating and preserving Parish and other Re- 52 Geo. III. gisters of Births Baptisms Marriages and Burials in England.-[28th July 1812.] c. 146. WHEREAS the amending the manner and form of keeping and of 52 Geo. III. preserving registers of baptisms marriages and burials of his Ma c. 146. jesty's subjects in the several parishes and places in England will greatly facilitate the proof of pedigrees of persons claiming to be entifled to real or personal estates, and be otherwise of great public benefit and advantage; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons in this present parliament assembled, and by the authority of the same, That from and after the thirty-first day of Officiating MiDecember one thousand eight hundred and twelve, registers of public nisters to keep and private baptisms marriages and burials, solemnized according to the Registers of rites of the united church of England and Ireland, within all parishes Public and Prior chapelries in England, whether subject to the ordinary or peculiar vate Baptisms or other jurisdiction, shall be made and kept by the Rector Vicar Curate of Marriages or officiating minister of every parish, (or of any chapelry where the and of Burials. ceremonies of baptism marriage and burial have been usually and may according to law be performed) for the time being in books of parch- Parishes to ment, or of good and durable paper, to be provided by his Majesty's provide suitable printer as occasion may require at the expence of the respective parishes Books for that or chapelries; whereon shall be printed upon each side of every leaf, purpose. the heads of information herein required to be entered in the registers of baptisms marriages and burials respectively, and every such entry shall be numbered progressively from the beginning to the end of each book, the first entry to be distinguished by number one; and every such entry shall be divided from the entry next following by a printed line, according to the forms contained in the Schedules (A) (B) (C) hereto annexed; and every page of every such book shall be numbered with progressive numbers, the first page being marked with the number 1. in the middle of the upper part of such page and every subsequent page being marked in like manner with progressive numbers, from number 1. to the end of the book. II. And, for better ensuring the regularity and uniformity of such King's Printer register books, be it further enacted, That a printed copy of this Act to transmit to together with one book so prepared as aforesaid, and adapted to the each parish a form of the register of baptisms prescribed in the Schedule (A) to this printed copy of Act annexed; and also one other book so prepared as aforesaid, and Act and Regisadapted to the form prescribed for the register of marriages in the ter Books adaptē Schedule (B,) to this Act annexed; and also one other book so prepared ed to form pre as aforesaid, and adapted to the form prescribed for the register of scribed. burials in the Schedule (C) to this Act annexed, shall as soon as conveniently may be after the passing of this Act be provided and transmitted by his Majesty's printer to the officiating ministers of the several parishes and chapelries in England respectively, who are hereby required to use and apply the same in and to the purposes of this Act; and such books respectively shall be proportioned to the population of the several parishes and chapelries, according to the last return of such population made under the authority of Parliament; and other books of like form and quality shall for the like purposes be furnished from time to time by the churchwardens or chapelwardens of every parish or chapelry, at the expence of the said parish or chapelry, whenever they shall be required by the Rector Vicar Curate or officiating minister to provide the same; and all such books shall be of paper, unless required to be of parchment by such churchwardens or chapelwardens respectively. III. And be it further enacted, That such registers shall be kept in Registers in sesuch separate books aforesaid, and that every such Rector Vicar Curate parate Register or officiating minister, shall as soon as possible after the solemnization Books. of every baptism whether private or public, or burial respectively, record No. XXXV. and enter in a fair and legible hand-writing in the proper register book to be provided made and kept as aforesaid, the several particulars 52 Geo. III. described in the several Schedules hereinbefore mentioned, and sign the c. 146. Certificate of when perform same; and in no case, unless prevented by sickness or other unavoidable impediment, later than within seven days after the ceremony of any such baptism or burial shall have taken place. IV. And be it further enacted, That whenever the ceremony of baptism or burial shall be performed in any other place than the parish church or church-yard of any parish (or the chapel or chapel yard of any chapelry, providing its own distinct registers) and such ceremony shall be performed by any minister not being the Rector Vicar Minister or Curate of such parish or chapelry, the minister who shall perform snch ceremony of baptism or burial shall on the same or on the next day transmit to the Rector Vicar or other minister of such parish or Entry of Bap- chapelry or his Curate a certificate of such baptism or burial in the form than Parish Church, &c. according to Schedule (D) tism, &c. dis tinguished accordingly. contained in the Schedule (D.) to this Act annexed, and the Rector Vicar day of V. And be it further enacted, That the several books wherein such entries shall respectively be made, and all register books heretofore in use, shall be deemed to belong to every such parish or chapelry respectively, and shall be kept by and remain in the power and custody of the Rector Vicar Curate or other officiating minister of each respective parish or chapelry as aforesaid, and shall be by him safely and securely kept in a dry well-painted iron chest, to be provided and repaired as occasion may require at the expence of the parish or chapelry, and which said chest containing the said books shall be constantly kept locked in some dry safe and secure place within the usual place of residence of such Rector Vicar Curate or other officiating minister, if resident within the parish or chapelry or in the parish church or chapel; and the said books shall not nor shall any of them be taken or reinoved from or out of the said chest at any time or for any cause whatever, except for the purpose of making such entries therein as aforesaid, or for the inspection of persons desirous to make search therein, or to obtain copies from or cut of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state and condition thereof, or for some of the purposes of this Act; and that immediately after making such respective entries, or producing the said books respectively for the purposes aforesaid, the said books shall forthwith again be safely and securely deposited in the said chest. VI. And be it further enacted, That at the expiration of two months after the thirty-first day of December one thousand eight hundred and thirteen, and at the expiration of two months after the end of every subsequent year, fair copies of all the entries of the several baptisms marriages and burials which shall have been solemnized or shall have taken place within the year preceding, shall be made by the Rector Vicar Curate or other resident or officiating minister (or by the churchwardens chapel wardens clerk or other person duly appointed for the purpose, under and by the direction of such Rector Vicar Curate or other resident or officiating minister) on parchment, in the same form as prescribed in the Schedules hereunto annexed (to be provided by the respective parishes): and the contents of such copies shall be verified and signed in the form following by the Rector Vicar Curate or officiating minister of the parish or chapelry to which such respective register book shall appertain: IA. B. Rector [or, as the case may be] of the parish of C. [or, of the chapelry of D.] in the county of E. do hereby solemnly declare, That the several writings hereto annexed, purporting to be copies of the several entries contained in the several register books of baptisms 'marriages and burials of the parish or chapelry aforesaid, from the No. XXXV. day of to the are true copies of all the several entries in the said several register books respectively from the said 'to the said day of day of day of 52 Geo. III. c 146. and that no other entry during such period is contained in any of such books respectively, are truly made according to the best of my knowledge and belief. 'Signed A. B.' Which declaration shall be fairly written without any stamp on the said copy immediately after the last entry therein; and the signature to such declaration shall be attested by the churchwardens or chapelwardens, or one of them, of the parish or chapelry to which such register books shall belong. VII. And be it further cnacted, That copies of the said register books Annual Copies verified and attested as aforesaid shall, whether such parish or chapelry of Register shall be subject to the ordinary peculiar or other jurisdiction, be trans- Books transmitted by such churchwardens or chapelwardens after they or one of mitted to Rethem shall have signed the same by the post to the registrars of each gistrar of diodiocese in England within which the church or chapel shall be situated, cese. on or before the first day of June one thousand eight hundred and fourteen, and on or before the first day of June in every subsequent year. VIII. And be it further enacted, That the registrar of every diocese in Registrars to England shall, on or before the first day of July one thousand eight make Reports hundred and fourteen, and on or before the first day of July in every to Bishops subsequent year, make a report to the Bishop of such diocese whether whether Copies the copies of the registers of the baptisms marriages and burials in the have been sent several parishes and places within such diocese have been sent to such in. registrar in the manner and within the time herein required; and in the event of any failure of the transmission of the copies of the registers as herein required by the churchwardens and chapelwardens of any parish or chapelry in England, the registrar shall state the default of the parish or chapelry specially in his report to the Bishop. IX. And be it further enacted, That in case the Rector, Vicar or Officiating Miother officiating Minister or Curate of any parish or chapelry shall nisterneglecting neglect or refuse to verify and sign such copies of such several register to verify Copies books, and such declaration as aforesaid, so that the churchwardens or of Register chapelwardens shall not be able to transmit the same as required by Books, Churchthis Act, such churchwardens or chapelwardens shall within the time wardens to cerrequired by this Act for the transmission thereof certify such default to tify default. the registrar of the diocese within which such parish or chapelry shall be, who shall specially state the same in his report to the Bishop of such diocese. X. And for the obtaining of returns and registers of baptisms and Places where burials in extra-parochial places in England, where there is no church or no Church, &c. chapel, be it further enacted, That in all cases of the baptism of any child, Memorandum. or the burial of any person in any extra-parochial place in England, ac- of Baptisms, cording to the rites of the established church, where there is no church &c. delivered or chapel, it shall be lawful for the officiating minister, within one month to Officiating after such baptism or burial, to deliver to the Rector Vicar or Curate of such Minister adparish immediately adjoining to the place in which such baptism or burial joining Parish. shall take place as the Ordinary shall direct, a memorandum of such baptism or burial signed by such parent of the child baptized, or a memorandum of such burial signed by the person employed about the same, together with two of the persons attending the same, according as the nature of the case may respectively require; and every such memorandum respectively shall contain all such particulars as are hereinbefore required; and every such memorandum delivered to the Rector Vicar or Curate of any such adjoining parish or chapelry, shall be entered in the register of his parish, and form a part thereof. XI. And be it further enacted, That the superscription upon all letters Letters, &c. and packets containing the copies of such parish or other registers, to be containing Annual Copies of Registers Books free of postage. |