Rectory of Upwel cum Welney (Norfolk and Cambridgeshire): division Act 1846

Publication Date:January 01, 1846
Rectory of Upwel cum Welney (Norfolk and Cambridgeshire): division Act 1846

(9 & 10 Vict.) c. 7

An Act for the Division of the Rectory of Upwellcum Welney in the County of Norfolk and in the Isle of Ely in the County of Cambridge.

[26th June 1846]

ANNO NONO & DECIMO VICTORLE REGINiE. $. n* 'jfi Jf. -iff vft ?*; 'Jf: 'Jf! 'Jfi '4L1 'Jf: 'jpr ' |r # 'Jp1 ^ vF ^ 'j|l -^ -jf; '^ ^ *^.' ?£? -jpr "Jp '^' vpr -J^. "Jf. vf.' Jf/ £: TJf * ?*.' TF * * JF v Jf" 'Jf. ^ ?#' "Jf^ 'Jf: 'JfiTf^TF Cap. 7- An Act for the Division of the Rectory of Upwell cum Welney in the County of Norfolk and in the Isle of Ely in the County of Cambridge. [26th June 1846.] W HEREAS the Rectory of Upwell cum Welney in the Diocese of Norwich comprises the whole of the Parish of Upwell cum Welney, which is situate partly in the County of Norfolk and partly in the Isle of Ely in the County of Cambridge, and the Rector of the said Rectory is or claims to be entitled to a Portion of Tithes or Tithe Rent-charge arising out of certain Lands in the Parish of Elm in the Isle of Ely in the County of Cambridge, and the Income of such Rectory is very considerable: And whereas Richard Greaves Townley of Fulbourn in the County of Cambridge, and of Beaupre Hall in the Parish of Outwell in the County of Norfolk, Esquire, is or claims to be seised of the Advowson of the said Rectory for an Estate of Fee Simple in possession: And whereas the Reverend William Gale Townley Clerk is the Rector of the Rectory and Parish Church of Upwell cum Welney aforesaid: And whereas the said Parish of Upwell cum Welney is very extensive, and is divided into the Four several Townships or Divisions following; (that is to say,) Upwell in the County of Norfolk, Upwell in the Isle of Ely, Welney in the County of Norfolk, and Welney in the Isle oj [Private.] 3 { Ely. 218 9 & 10 VICTORIA, Cap.l. Ely: And whereas there is in the said Parish of Upwell cum Welney One Church dedicated to Saint Peter, and Churchyard or Burial Ground at Upwell, with Parsonage House and Premises and Glebe Land thereunto belonging, and One Chapel and Chapelyard or Burial Ground at Welney, with Glebe Land thereto belonging, and Divine Service is performed, and Marriages, Baptisms, and Burials are had and solemnized, and Books of Registry of such Marriages, Baptisms, and Burials are kept at the said Chapel of Welney as well as at the said Church at Upwell, and the said Chapel of Welney is not separately endowed, but is provided with a resident officiating Curate by and at the Expence of the Rector for the Time being of the Rectory of Upwell cum Welney aforesaid: And whereas the Tithes of the said Rectory of Upwell cum Welney have been commuted under the Act for the Commutation of Tithes in England and Wales: And whereas it is expedient, in order to extend the Benefit and Influence of religious Worship and pastoral Care and Instruction among the Inhabitants of the said Rectory and Parish of Upwell cum Welney, that the said Rectory and Parish should be divided into Three separate Parishes for ecclesiastical Purposes, and that Provision should be made for the Endowment of such separate Parishes out of the Revenues of the said Rectory, and for the building of One or more Church or Churches in the said separate Parishes, and for providing a Burial Ground to be attached to One of the said Churches, and for providing Parsonage Houses and Glebe Lands for the Incumbents of the Churches of the said separate Parishes, and that Lands should be purchased and Funds provided for effecting those Purposes: And whereas the Purposes aforesaid (however beneficial the same may be) cannot be effected without the Aid and Authority of Parliament: Wherefore Your Majesty's most dutiful and loyal Subject the said Richard Greaves Toivnley doth most humbly beseech Your Majesty that it may be enacted; and be it 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 After the assembled, and by the Authority of the same, That from and imme-Incumbency diately after the present Incumbency of the said William Gale wl,re RpV', Townley shall cease the said Parish and Rectory of Upwell cum ToVnley, the ^e^ne.y SQa^ ^e divided into and shall form Three separate Parishes Parish and as next herein-after mentioned; (that is to say,) the whole of the Rectory of Township or Division of Upwell in the County of Norfolk, and such Webe" Xll f the Lands in the TownshiP or Division of Upwell in the Isle of beVivKlecT Ely in the County of Cambridge as lie West of March River, and as into Three lie between the said March River and Pophams Eau, with so much Parishes. of the said March River and Pophams Eau as lies within the present Boundaries of the Parish of Upwell cum Welney, shall continue or form and be a distinct Parish, and shall be called by the Name of the Parish of Upwell Saint Peter; and the remaining Parts of the Township or Division of Upwell in the Isle of Ely in the County of Cambridge shall form and be a distinct Parish, and shall be called by the Name of the Parish of Christchurch Upwell; and the whole of the said Township or Division of Welney in the County of Norfolk, and the whole of the said Township or Division of Welney in the Isle of Ely in the County of Cambridge, shall together form and be a distinct Parish, and shall be called by the Name of the Parish of Welney. 4 II. And 9 & 10 VICTORIA, Cap.7. 21 II. And be it enacted, That for particularizing the Lands to be Lands in t comprised in the said Three Parishes respectively, but not so as to respective vary the Contents of such respective Parishes according to the Pan.shes general Description thereof respectively herein-before contained, the f^edlnthe said Lands are mentioned or referred to in the Three Schedules to l st, 2d, ani this Act, with the Quantities of such Lands, and the Rent-charges 3d Sche- in lieu of Tithes apportioned on such as are titheable, according to dules" the confirmed Apportionment under the said Act for the Commu tation of Tithes in England and Wales, with the Numbers referring to the Plan referred to in such Apportionment; and the Lands Upwell intended to form and be the Parish of Upwell Saint Peter, and also Sain|Petei the Lands in the Parish of Elm the Tithes whereof are payable to ^ Eln^isi the Rector of Upwell cum Welney, are mentioned or referred to in Schedule. the First Schedule to this Act; and the Lands intended to form and christchur be the Parish of Christchurch Upwell are mentioned or referred to in Upwell, 2d the Second Schedule to this Act; and the Lands intended to form Schedule-and be the Parish of Welney are mentioned or referred to in the ^ f nf^ Third Schedule to this Act; and the said Schedules shall be Evidence of the Amount of the several Rent-charges in lieu of Tithes apportioned thereon respectively under the said Act for the Commutation of Tithes ; provided that in case any Discrepancy shall be shown between the said Schedules and the said confirmed Apportionment, it shall be competent for any Person to show such Discrepancy, and the said confirmed Apportionment, or such Copies thereof as are receivable in Evidence according to Law, shall in that Case be conclusive. III. And be it enacted, That when such Division of the said Rec- When Divi tory of Upwell cum Welney shall take place, each of the said Three sion takes Parishes shall for ever thereafter for all ecclesiastical Purposes be a ?,lac-e? eacv separate Parish of itself, and shall be a distinct Rectory; and when a distinct and as the Rector thereof shall be duly instituted and inducted Rectory, thereto, the Rector for the Time being of each such Rectory shall with Cure perform Divine Service, and preach, and administer the Holy Sacra- '"ou s' ment, and shall have the Cure of the Souls of the Inhabitants of such Rectory, and shall publish Banns, and solemnize Marriages either by Banns or Licence, and administer Baptisms in the Church or Churches of his said Rectory, and perform all other parochial Functions of a Minister, in the same Manner, and with the same Powers, Privileges, Rights, and Immunities, as the present Rector of Upwell cum Welney is now by Law empowered to do and may be entitled to exercise respectively within the said Rectory of Upwell cum Welney; and the Rector for the Time being of each Rectory formed under this Act shall for ever after the Formation of such Rectory be subject to such legal Provisions as to Presentation, Institution, and Induction, and to all such ecclesiastical Jurisdiction as are now by Law applicable to the said present Rectory of Upioell cum Welney; and each such new Rector shall from the Time of such his Institution and Induction as aforesaid have the like Authority and Powers over the Curates and Ministers of the several Chapels and Churches within his separate Parish, and also to appoint Parish Clerks, Sextons, and other Officers, and all such other Powers in such Parish, as the Rector of Upwell cum 220 Power of appointing Churchwardens in the new Parishes. 9 k 10 VICTORIA, Cap.7. cum Welney is now entitled to exercise in the Rectory or Parish of Upwell cum Welney aforesaid. IV. And be it enacted, That when the Division of the said Rectory of Upwell cum Welney into several Parishes and Rectories shall have taken place under this Act, Two fit and proper Persons shall be chosen Churchwardens for each such Parish and Rectory at the same Time and in the same Manner as Churchwardens are now chosen and appointed for the said Parish of Upwell cum Welney, the Rector of each of the said new Rectories exercising the same Rights and Powers in the Appointment of such Churchwardens, or one of them, as the Rector of the said Rectory of Upwell cum Welney now exercises, Act not to affect any Churchwarden appointed or Kate made before the Division of the Rectory. Endowment of new Rectories. V. Provided always, and be it enacted, That" this Act shall not...

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