New Parishes Act 1843
| Jurisdiction | UK Non-devolved |
| Citation | 1843 c. 37 |
| Year | 1843 |
(6 & 7 Vict.) C A P. XXXVII.
[28th July 1843]
'WHEREAS it is expedient to make better Provision for the Spiritual Care of populous Parishes, and to render the Estates and Revenues vested in ‘The Ecclesiastical Commissioners forEngland ,’ and the Funds at the Disposal of ‘The Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy,’ applicable immediately to such Purpose:' 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 present Parliament assembled, and by the Authority of the same, Thatthe said Ecclesiastical Commissioners forEngland may, upon the Conditions herein-after mentioned, forthwith borrow, and the said Governors of the Bounty of Queen Anne , together with the Most ReverendWilliam Howley Lord Archbishop of Canterbury , may, upon the Security, herein-after mentioned, forthwith lend and transfer to the said Commissioners, the Capital Sum of Six hundred thousand Pounds Three Pounds per Centum Reduced Bank Annuities, Part of a certain Sum of such Stock now standing in the Names of the said Governors and of the said Archbishop in the Books of the Governor and Company of the Bank of England .
II Bounty Board may lend further Sums of Stock.
II. And be it enacted, That at any Time and from Time to Time the said Commissioners may borrow, and the said Governors and the Archbishop ofCanterbury for the Time being may, if they shall think fit, lend and transfer to the said Commissioners, in like Manner, and upon the like Security and Conditions, any further Capital Sum or Sums of Stock, being Part of the Stock so standing as aforesaid.
III Commissioners to pay Dividends half-yearly.
III. And be it enacted, That the said Commissioners shall, upon the Transfer of any such Stock as aforesaid into their Names in the Books of the said Governor and Company, accept the same in such Books, and shall pay or cause to be paid to the said Governors, by half-yearly Payments on the Tenth Day ofApril and the Fourteenth Day of October in every Year, a Sum equal in Amount to the Amount of the Dividends which such Stock, or so much thereof as shall on such Days respectively remain unreplaced, would produce; and that it shall be lawful for the said Commissioners at any Time to replace the Whole or any Part of any such Sum of Stock.
IV The whole Property of the Commissioners under the Cathedral Acts to be Security for every such Loan.
IV. And be it enacted, That all the Monies from Time to Time accruing to the said Commissioners by reason of the Suspension of Canonries by or under the Provisions of an Act passed in the Session of Parliament held in the Third and Fourth Years of the Reign of Her present Majesty, intituled , and of an Act passed in the Session of Parliament held in the Fourth and Fifth Years of the Reign of Her present Majesty, intituled England, and all the Lands, Tithes, Rent-charges, Tenements, and other Hereditaments vested or to be vested in them under the Provisions of the same Acts or of this Act, and the Rents and Profits thereof, shall be and the same are hereby charged and made chargeable with all such half-yearly Payments as aforesaid, and also with the Repayment and replacing of the whole Capital Stock so to be lent and transferred to them, if any such half-yearly Payment, or any Part thereof, shall remain unpaid for Twenty Days next after either of the Days upon which the same shall have become due and payable as aforesaid; and that upon any such Default as last mentioned the said Governors shall, by virtue of this Act, and upon Proof of such Default, have the same and the like Remedies at Law against the said Ecclesiastical Commissioners forEngland , and upon and over all the Monies, Lands, Tithes, Rent-charges, Tenements, and other Hereditaments in their Possession or Power under the Provisions of the said recited Acts, for the Recovery of such Capital Stock, or so much thereof as shall then remain unreplaced, together with all Arrears of half-yearly Payments due thereon as aforesaid, as if the said Commissioners had duly executed a Deed under their Common Seal, covenanting for Repayment to the said Governors of such Stock and for making such half-yearly Payment on the Day when such Default shall have become complete as aforesaid; and that such Transfer and Acceptance as aforesaid shall be sufficient Evidence of such Covenant.
V Bounty Board may require Repayment of Capital after Thirty Years.
V. Provided also, and be it enacted, That it shall be lawful for the said Governors, if they shall see fit, at or after the Expiration of Thirty Years from the Date of the lending and transferring of the said Sum, and at or after the Expiration of a like Number of Years from and after the lending and transferring of any further Sum of such Stock as aforesaid, to give Notice to the said Commissioners, in Writing under their Corporate Seal, requiring them to replace, in the Names of the said Governors and of the Lord Archbishop ofCanterbury for the Time being, the whole of such Sums of Stock respectively, or such Part thereof respectively as shall at the Date of such Notice remain unreplaced, and the said Commissioners shall proceed to replace the same accordingly, by yearly Instalments, amounting at the least to One Twelfth Part of such Sums of Stock respectively, or of such remaining Part thereof as aforesaid, and upon default of their duly replacing any such Instalment the said Governors shall have the like Remedies for recovering the same as for any Default in making any such half-yearly Payment as aforesaid.
VI Commissioners to have full Rights of Ownership over the Lands, &c. vested in them, subject to certain Conditions.
VI. And be it enacted, That, notwithstanding the Charge by this Act created, all the same and the like Rights and Powers of Ownership, as are possessed and enjoyed respecting and over any Lands, Tithes, Rent-charges, Tenements, or other Hereditaments whatsoever, by any absolute Owner thereof, shall be enjoyed by the said Commissioners with respect to and over all or any Lands, Tithes, Rent-charges, Tenements, and other Hereditaments vested and liable to be vested in them by or under the Provisions of the said recited Acts, and may, subject to the Provisions of the same Acts and of this Act, be exercised by them, by proper Instruments in Writing duly executed according to Law, but in the Case of any such Lands, Tithes, Rent-charges, and other Hereditaments not actually in their Possession, with the Consent of the respective Holders thereof, testified by their being made Parties to such Instruments; and that the Consent of the said Governors shall not be in any Case required to the Exercise by the said Commissioners of any such Rights and Powers as aforesaid, notwithstanding such Charge: Provided always, that every Sum of Money received as the Consideration or Purchase Money for the Sale, Transfer, or Conveyance by the said Commissioners of any of such Lands, Tithes, Tenements, or other Hereditaments, or of any Estate or Interest therein, and also every Sum of Money received by them as the Foregift or Fine for the granting or renewing of any Lease, shall, unless it be deemed expedient by the said Commissioners to apply any such Sum or any Part thereof in replacing any Stock so lent and transferred as aforesaid, which they are hereby empowered to do, be applied by them, so soon as conveniently may be after the Receipt thereof, in the Purchase of Lands, Tithes, Rent-charges, Tenements, or other Hereditaments, or of some Estate or Interest therein, and shall in the meantime be invested in some Government or Parliamentary Stock or other Public Securities inEngland , the said Commissioners being at liberty to apply the Interest and Dividends of such Stock or Securities, and the Rents and Profits of such Lands, Rentcharges, Tithes, Tenements, and other Hereditaments, to the Purposes of the said recited Acts or of this Act.
VII Commissioners to have full Power over Stock.
VII. And be it enacted, That the said Commissioners shall, for the Purposes and subject to the Provisions of the said recited Acts and of this Act, have full Power and Right of Property over all the Stock so lent and transferred to them by the said Governors as aforesaid.
VIII Stock not to be used, nor Lands sold, without Approval of Her Majesty in Council.
VIII. Provided always, and be it enacted, That no Part of the Capital of such Stock shall be applied to such Purposes as aforesaid, nor shall any...
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