Gifts for Churches Act 1811

1811 CHAPTER 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 [43 G. 3. c. 108.] Act passed in the Forty-third Year of His present Majesty's Reign, intituled, An Act to promote the building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church yards and Glebes ; it was enacted, that every Person and Persons having in hit 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, mould 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 veil 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 Rites of the said united Church are or shall be used or observed, or any Mansion House for the Residence of any Minster of the said United Church, officiating or to officiate in any such Church or Chapel, or of any Outbuildings, Offices, Church Yard, 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 enrolled, 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 fell or alien to such Person or Persons, Bodies Politic; or Corporate, any Lands or Tenements, Goods or Chattels, with, out 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 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 moll Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual arid Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

His Majesty may vest Lands in any Person for building or repairing any Church or Chapel, or any House for the Residence of a Minister.

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 Outbuildings, 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 reflectively, shall have full Capacity and Ability to receive, take, hold, and enjoy for the Purposes aforesaid, any Lands or Tenements not with Handing the Statute of Mortmain, or the [1 Anne. c. 7.] 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:

No Grant to exceed Five Acres.

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 Any Person having the Fee Simple of any Manor may grant Five Acres of the Waste for Ecclesiastical Purposes. Grants restricted to Parochial Churches or Chapels.

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 Seal or Hands and Seals 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 whatsoever 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.