Church Building Act 1822
| Year | 1822 |
(3 Geo. 4) C A P. LXXII.
[22d July 1822]
'WHEREAS an Act passed in the Fifty eighth Year of the Reign of His late Majesty, intituled An Act for building and promoting the building of additional Churches in populous Parishes:And Whereas another Act passed in the Fifty ninth Year of the Reign of His late Majesty, intituled An Act to amend and render more effectual an Act, passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous parishes:And Whereas it is expedient and necessary that some of the Provisions of the said recited Acts should be amended, and other Provisions thereof explained and enlarged, and that further and additional Provisions should be made, for rendering the said Two recited Acts more effectual:' 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 it shall be lawful for the Master General and principal Officers of His Majesty's Ordnance, and also for the Comptrollerof the Barrack Department, and also for the principal Officers of any other Public Department, having or holding any Messuages or Buildings, or any Lands, Grounds, Tenements or Hereditaments, for and on behalf of His Majesty, for the public Use of any such Department, by any Grant or Conveyance, signed by the Master General or any Two of the principal Officers of the Ordnance Department; or by any Grant or Conveyance, signed by the Comptroller of the Barrack Department; or by any Grant or Conveyance, signed by any One or more of the principal Officers of any such other Public Departments as aforesaid, and countersigned, as to all such last mentioned Grants or Conveyances, by any Three or more of the Commissioners of His Majesty's Treasury of the United Kingdom ofGreat Britain and Ireland; and it shall also be lawful for any and every Body Politic, Corporate and Collegiate, and Corporation Aggregate or Sole, or for any Trustees, Guardians, Commissioners or other Persons having the Controul, Care or Management of any Hospitals, Schools, Charitable Foundations, or other Public Institutions, by any Grant or Conveyance signed by or under the Seal of such Body or Corporation respectively, to give, grant and convey any Messuages, Buildings, Lands, Grounds, Tenements or Hereditaments respectively; and if any such Messuages, Buildings, Lands, Grounds, Tenements or Hereditaments respectively, shall be Copyhold at the Time of any such Gift, Grant or Conveyance, in any case in which the Lord is willing, to enfranchise the same; to be used as Sites for Churches or Chapels, or for enlarging Sites of Churches or Chapels; or for Church or Chapel Yards or Cemeteries, or for enlarging Sites for Church or Chapel Yards or Cemeteries; or for Parsonages or Residences for Ecclesiastical Persons; and all such Gifts, Grants and Conveyances shall be made to the Commissioners or such other Person or Persons as shall be specified by the said Commissioners, under the said recited Acts and this Act, to be used for the Purposes thereof; and all such Gifts and Grants may be made and given withoutany valuable Consideration whatever; and all Conveyances and Assurances made for carrying any such Gifts or Grants into effect, shall be valid and effectual in the Law to all Intents and Purposes whatsoever; any Law, Statute, Usage or Custom to the contrary thereof in any wise notwithstanding; and all Bodies Politic, Corporate or Collegiate, and all Persons whosoever so giving, granting and conveying as aforesaid, are hereby indemnified for or in respect of any such Gift, Grant, Conveyance or Enfranchisement,which he, she or they, or any of them, shall respectively make or convey by virtue of or in pursuance and for the Purposes of the said recited Acts and this Act.
II Forms of Grant or Conveyance.
II. And be it further enacted, That all Grants, Conveyances and Assurances which shall be made under the Authority of the said recited Acts or this Act, or either of them, of any Messuages, Buildings, Lands, Grounds, Tenements or Hereditaments, whether belonging to His Majesty as Part of the Duchy ofCornwall or of the Duchy of Lancaster, or otherwise or to any Body or Persons whatever, to the said Commissioners, or any other Person or Persons under their Direction, for the Purposes of the recited Acts and this Act, may and shall be made according to the Form following, or in such other Form as the case may require, or as near thereto as the circumstances of the case will admit; videlicet,
'I [or We, or the Corporate Title if a Corporation ] under the Authority and for the Purposes of an Act passed in the Fifty eighth Year of the Reign of His late Majesty, intituled ‘An Act for building and promoting the building of additional Churches in populous Parishes;’ and of another Act passed in the Fifty ninth Year of the Reign of His late Majesty, intituled ‘An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes;’ and of another Act passed in the Third Year of the Reign of His present Majesty, intituled ‘An Act to amend and render more effectual Two Acts passed in the Fifty eighth and Fifty ninth Years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes;’ do hereby freely and voluntarily give to His Majesty's Commissioners, [or, to ] (as the case may require); and by these Presents, freely and voluntarily, and without any valuable Consideration; [If the Lands, et cetoera, are conveyed for a valuable Consideration, leave out the Words in Italics, and insert Do, for and in Consideration of the Sum of to me or us, or the paid hereby, under the Authority of the several recited Acts, grant, convey and release to the said ] All [describing the Premises to be conveyed ] and all [my, or our, or the] Right, Title and Interest of [if a Corporation ] to and in the same and every Part thereof; to hold to the said and their Successors, for the Purposes of the said several Acts, and to be devoted, when consecrated, to Ecclesiastical Purposes for ever, by virtue and according to the true Intent and Meaning of the said several recited Acts. In Witness whereof, et cetoera.'
And all such Conveyances and Assurances shall be valid and effectual in the Law, to all Intents and Purposes,and shall be a complete Bar to all Estates Tail and other Estates, Rights, Titles, Trusts and Interests and Incumbrances whatsoever,
III Commissioners may obtain or receive Lands or Grounds required for enlarging or rebuilding any Church or Chapel, whether contiguous to old Site or not.
III. And be it further enacted, That it shall be lawful for the said Commissioners under the said recited Acts and this Act, to procure and obtain, or require Parishes, Chapelries, Townships and Places, to provide and furnish, by all or any of such Ways and Means as are specified in the said recited Acts or either of them or this Act, in relation to Sites for additional Churches, or for Church or Chapel Yards or Cemeteries, or to accept and receive as Gifts and Grants under and for the Purposes of the said recited Acts and this Act, and to take Grants of to themselves, or direct Grants of to be made to any other Persons specified by them for that Purpose, any such Land or Ground, or additional Land or Ground, as may in the Judgment of the said Commissioners be required for the enlarging or improving any Church or Chapel, and also any Land or Ground which may be required or be convenient for the rebuilding of any Churchor Chapel, whether contiguous or not to the present Site thereof; and all the Powers, Authorities, Clauses and Provisions in the said recited Acts or either of them or in this Act contained, in relation to the obtaining or procuring any Lands or Grounds, or requiring any Lands or Grounds to be provided or furnished by any Parishes or Places for any Sites for additional Churches or any other Purpose of the said recited Acts, shall extend and be construed to extend to the obtaining, procuring, requiring, accepting or receiving, under the Authority of the said recited Acts or this Act or either of them, any Lands or Grounds for the Purposes aforesaid, as fully and effectually to all Intents and Purposes, as if all such Powers and Authorities had been given, and all such Clauses and Provisions had been repeated and re-enacted in this Act as to such Lands and Grounds.
IV Fines for Renewals at Time of Lands, &c. taken, paid to Person entitled to renew.
IV. And be it further enacted, That in every case in which any Lands, Tenements, Hereditaments or any Interest in or arising out of any Lands, Tenements or Hereditaments, shall be given up, sold or surrendered by or taken under the Provisions of the said Act or this Act, from any Body Politic or Corporate or Person, and ✗which any such Body Politic, Corporate or Person shall be entitled to take any Fine or Fines upon the renewal of any Life or Lives, or of any Lease or Leases upon or of any such Lands, Tenements or Hereditaments, the Amount of the Value of the Interest of such Body Politic or Corporate or Person, which would arise out of...
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