Church Building Act 1822 (repealed)

Church Building Act 1822

1822 CHAPTER 72 3 Geo 4

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.

[22nd July 1822]X1

Editorial Information

X1 Act repealed so far as it confers power to enforce payment of any rate by Statute Law Revision Act 1873 (c. 91)

Modifications etc. (not altering text)

C1 Short title given by Short Titles Act 1896 (c. 14)

C2 Preamble (which recited Church Building Act 1818 (c. 45) and Church Building Act 1819 (c. 134) (both repealed)) not otherwise relevant to unrepealed provisions of the Act

[1.]—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1–12, 14–27, 29–38 repealed by New Parishes Measure 1943 (No. 1), s. 32, Sch. and Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VII

13 In cases in which the rectorial tithes, &c. shall be surrendered by impropriators, &c., for the purpose of converting vicarages into rectories, the commissioners shall direct the same to be done accordingly. U.K.

It shall be lawful for the [F2 Church Commissioners], and they are hereby authorized and empowered, to convert any vicarage of any parish or place, or the separate divisions of any vicarage of any parish or place, divided under the said recited Acts or this Act, into a rectory or rectories instead of a vicarage or vicarages, in any case in which the owner or owners entitled in fee simple to the rectory or tithes, if any impropriate rectory, or the patron entitled in fee simple of a sinecure rectory, and also the incumbent of the sinecure rectory, of any such parish or place, if the same shall not be void at the time of any such conversion, and the person or persons (if any) entitled to the absolute interest in any lease granted of the sinecure rectory or glebe or tithes thereof, shall be willing to restore and release and reunite the tithes and glebe and all other rectorial rights, dues, and emoluments of any such parish or place, or of any such proportion of any such parish or place as shall be satisfactory to such commissioners, to the incumbent or incumbents of such parish or parishes, or place or places, and his or their successors for ever; and in every such case such surrender, restoration, or release shall be made in such form and by such instrument as the commissioners shall direct; and the said commissioners, shall by an instrument in writing under the seal of the said commissioners, direct such alteration to be made, and conversion of any such vicarage or vicarages into a rectory or rectories, from the period specified in such instrument, and upon the conditions as to the transfer, restoration, or reuniting of tithes, glebe, or other rectorial rights, dues, and emoluments therein mentioned; which instrument shall be registered in the registry of the diocese in which the parish shall be locally situate, and enrolled in the [F3 High Court]; and such parish or parishes, place or places shall for ever therefrom be deemed and taken to be, to all intents and purposes, a rectory or rectories, without prejudice nevertheless to the rights and interest of any other persons; and the incumbent or incumbents of any such vicarage or vicarages shall thereupon become and be deemed to be the rector or rectors of such parish or parishes or divided parishes or place or places, without any new induction or proceeding whatever, and shall be entitled to have and use and exercise all such remedies for the recovery of their tithes, glebe, and all other rectorial rights, dues, and emoluments, as rectors of such parishes or divided parishes, as fully and effectually, to all intents and purposes, as if such parishes had been rectories, and such incumbents respectively had been in due form of law inducted as rectors therein; . . . F4 Provided always, that no incumbent shall in any such case become liable to the maintenance or upholding or repair of more than one house of residence in any such parish or place; and when in any such parish or place there shall be more than one house belonging to the church or chapels thereof, the bishop of the diocese shall decide, order, and declare which shall thereafter be deemed the house of residence, and be upheld and maintained and repaired as such, and the order of the bishop in relation thereto shall be registered in the registry of the diocese, and a duplicate copy of such order deposited and be kept in the chest of the church or chapel of such parish or place.

Textual Amendments

F2 Words substituted by virtue of Church Building Commissioners (Transfer of Powers) Act 1856 (c. 55) s. 1 and Church Commissioners Measure 1947 (No. 2), s. 18(2)

F3 Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49) s. 224(1)

F4 Words repealed by New Parishes Measure 1943 (No. 1), s. 32, Sch. and Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VII

14—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 1–12, 14–27, 29–38 repealed by New Parishes Measure 1943 (No. 1), s. 32, Sch. and Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VII

28 Grants, instruments, contracts, or bonds, not to be subject to stamp duties. U.K.

No deed of gift or grant, security, contract, agreement, deed, or conveyance, or other instrument made for any of the purposes in the said recited Acts mentioned, or for any other of the purposes or under any of the provisions in the said recited Acts or either of them, or of this Act, or for the carrying into execution any of the powers, authorities, regulations, purposes, or provisions thereof, or therein mentioned respectively, shall be subject to any of the duties upon stamped vellum, parchment, or paper; anything in any Act or Acts of Parliament to the contrary notwithstanding.

29—38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 Ss. 1–12, 14–27, 29–38 repealed by New Parishes Measure 1943 (No. 1), s. 32, Sch. and Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VII