persons under legal disability or incapacity, shall make any such grant as aforesaid without adequate consideration for the same either in price or feu duty, the adequacy of which consideration shall be proved to the satisfaction of the said sheriff of the county before the portion or portions of land shall be marked out or set apart as aforesaid. be burdened XI. And be it enacted, that it shall and may be lawful for any Lands may heir of entail in Scotland to burthen the lands and estate of which he for endowor she is in possession as heir of entail aforesaid, lying within any ments. district to be marked out and designated as aforesaid, or to give security over the same for the annual payment out of the clear yearly rents and profits of the said lands and estate of any sum not exceeding three pounds per centum of such clear yearly rents and profits, after deducting all prior burdens and provisions, as the same shall be ascertained by an average of the five years immediately preceding such burden or security, and in no case exceeding the yearly sum of one hundred and twenty pounds, for the purpose of endowing or contributing to the endowment of such new parish as aforesaid; and also to burden such lands and estate or give security over the same for upholding in due repair the fabric of the church of such new parish, and the dwelling house and offices of the minister, or any of them; the sums to be expended in such repairs not exceeding in any one year one pound per centum on the amount of money originally expended in building or purchasing and completing such church, or upon the estimated value thereof, when received and recognized as the church of such new parish, and one pound per centum on the amount of money originally expended in building or purchasing and completing such dwelling house and offices, or upon the estimated value thereof; and such heir of entail shall not, by reason of such acting as aforesaid, be subject to nor incur any forfeiture or irritancy under any deed of entail by virtue of which he or she may hold such lands or estate, and such burdens and securities shall be as valid and effectual against such lands and estates as if the same had not been entailed: provided always, that no such burden or security as aforesaid shall be effectual unless the heir of entail nearest in succession, of lawful age, and not under legal disability or incapacity, shall have consented thereto, which consent may be given judicially, or by letter or other writing under the hand of such heir of entail nearest in succession provided also, that if such heir of entail nearest in succession as aforesaid shall be an heir of the body of the heir of entail in possession who intends to create such burden or security, then such heir of entail in possession shall, three months at least before creating the same, give notice of such his intention, in writing, to the heir of entail next entitled to succeed to the said estate, after the heirs of his own body, if within Great Britain or Ireland, and, if the heir next entitled to succeed is not within Great Britain or Ireland, to his nearest male relation by the father, of lawful age, or to his known factor or attorney; and before any such burden or security as aforesaid shall be created, evidence shall be produced, to the satisfaction of the said lords of council and session, that such consent as aforesaid, and such notice as aforesaid, where required, have been given, and that the means of public worship for the For adminis ous service inhabitants of such district are wanting, and cannot be adequately provided unless the power hereby given of burdening the entailed estate shall be exercised to the extent proposed. XII. And whereas in some populous parishes and districts in the tering religi- low country of Scotland, particularly in large towns and in the in the Gaelic neighbourhood of cities and royal burghs, there are a great number language. of persons, natives of the highlands and islands of Scotland, who do not understand the English language so as to be capable of receiving the full benefit of religious instruction in English, or of having the ordinances of religion administered to them with advantage in that tongue and whereas it is expedient that some provisions should be made for enabling such persons to obtain religious instruction, and to have the ordinances of religion administered to them, in the Gaelic language; be it enacted, that in disjoining or dividing any large or populous parish or parishes in which there are a great number of such persons, it shall and may be lawful to make provision for the spiritual wants of such persons by appointing religious instruction to be communicated to them, and the ordinances of religion to be dispensed among them, in the Gaelic language. A separate be formed for XIII. And be it enacted, that where a separate church shall have parish may been erected for any such Gaelic congregation, and a permanent that purpose. endowment shall have been secured for the same, either from teinds or otherwise, to the satisfaction of the said lords of council and session, it shall and may be lawful to erect such church and the congregation thereof into a separate parish, although the members of such congregation may be scattered, and no territorial district may be assigned to such parish exclusively; and it shall and may be lawful for the minister or ministers and elders of such parish to have and enjoy the status and all the powers, rights, and privileges of a parish minister or parish ministers and elders of the church of Scotland: provided always, that nothing herein contained shall be construed as giving to the minister or ministers and elders of any such Gaelic congregation right to exercise pastoral superintendence and discipline over persons who are not either members of such Gaelic congregation, or of the families of such members, or resident within the territorial district, if any, which may be assigned to such parish exclusively. For forming certain highland churches into parishes XIV. And whereas an act was passed in the fourth year of the reign of his late majesty king George the fourth, intituled an act for building additional places of worship in the highlands and islands of 4 G. 4, c. 79. Scotland; and another act was passed in the fifth year of the reign 5 G. 4, c. 90. of his said late majesty king George the fourth, intituled an act to amend an act for building additional places of worship in the highlands and islands of Scotland: and whereas under the authority and provi sions of the said two last mentioned acts, several additional places of worship have been built or provided, and certain districts have been defined or set apart for the benefit of which the said places of worship were built or provided, and ministers have been appointed to officiate at such places of worship and in such districts, and dwelling houses and appurtenances have been built or provided for the ministers so officiating; and provision has been made for the payment to such ministers of stipends not exceeding the sum of one hundred and twenty pounds per annum in any one case; and provision is made by the said last mentioned act for upholding in repair such places of worship and dwelling houses and appurtenances; be it enacted, that upon application by the presbytery within which any such place of worship is situated, or by one or more heritors holding together one fourth part of the valuation of the district defined and set apart as the district for the benefit of which such place of worship has been provided, or of her majesty's advocate for Scotland, it shall and may be lawful for the said lords of council and session, acting as aforesaid, to disjoin such district from the parish or parishes to which the same or any part thereof may have belonged or been attached, and to erect the same into a parish quoad sacra; and in every such case the place of worship built or provided as aforesaid may be held and appointed to be the church of such parish, and the dwelling house and appurtenances provided for the minister may be held and appointed to be the dwelling house of the minister of such parish; and the provisions contained in the said two last mentioned acts may be held and taken to be sufficient provisions for upholding in repair such church and dwelling house and appurtenances, and a stipend of one hundred and twenty pounds, payable under the provisions of the said acts, may be held to be sufficicient stipend for the minister of the said parish; and it shall and may be lawful for the minister and elders of such parish to have and enjoy the status and all the powers, rights, and privileges of a parish minister and elders of the church of Scotland. thenceforth thereto by land. XV. And be it enacted, that if in any case in which a place of Charge of worship has been built, and a district has been defined and set apart, church, &c. under the provisions of the said two last recited acts, application to lie on shall be made to the said court to erect such district alone, or such parties liable district with additions thereto, into a new parish quoad omnia, with law of Scotthe requisite consent of heritors, and that the said court shall give effect to such application, it shall and may be competent for the said court to declare and appoint the place of worship already erected in such district to be the church of such new parish, and to appoint and declare the dwelling house already erected for the minister to be the manse of such new parish; and the commissioners under the said last recited acts shall thereupon cease to hold such place of worship and such dwelling house for the purposes of the said last recited acts; and the provisions contained in the said last recited acts for upholding such place of worship and such dwelling house in repair shall cease and determine, and the burden of upholding the same shall fall on the parties who by the law of Scotland would be bound to uphold the church and manse of the parish, if such church and manse had been appointed to be built for the newly-erected parish; and in fixing the stipend to be paid to the minister of such newly-erected parish, the said court shall compute as stipends the sum paid by authority of the said last recited acts to the minister in such district, which sum shall be continued to be paid to the minister of such newly-erected parish: provided always, that the right of her majesty, her heirs and successors, to nominate and appoint the minister to such church and district shall remain entire, notwithstanding the erection thereof into a separate parish. Provisions of 50 G. 3, c. 84, and 5 G. 4, e. 72, not to extend to parishes erected un der the present act. Act may be amended XVI. And be it enacted, that the provisions of the act passed in the fiftieth year of the reign of his majesty king George the third, intituled an act for augmenting parochial stipends in certain cases in Scotland, and the provisions of the act passed in the fifth year of the reign of his majesty king George the fourth, intituled an act for amending and rendering more effectual an act for augmenting porochial stipends in certain cases in Scotland, shall not be extended to any new parishes erected under the provisions of this act, although the stipend or endowment modified or provided for the minister of any such new parish should be less than one hundred and fifty pounds sterling. XVII. And be it enacted, that this act may be amended or this session. repealed by any act to be passed during the present session of parliament. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. DONATIONS AND BEQUESTS BY ROMAN 2 & 3 WILLIAM 4, CAP. 115.-An act for the better securing the charitable donations and bequests of his majesty's subjects in Great Britain professing the Roman catholic religion.-Whereas by an act passed in the first year of the reign of king William and queen Mary, 1 W. & M. intituled an act for exempting his majesty's Protestant subjects dissenting c. 18. from the church of England from the penalties of certain laws, and by certain subsequent statutes, the schools and places for religious worship, education, and charitable purposes of Protestant dissenters are exempted from the operation of certain penal and disabling laws to which they were subject previously to the passing of the said recited act of the first year of the reign of king William and queen Mary: and whereas by certain acts of the parliament of Scotland, and particularly by an act passed in the year one thousand seven hundred, 1700, e. 3. intituled an act for preventing the growth of popery, various penalties and disabilities were imposed upon persons professing the Roman catholic religion in Scotland: and whereas notwithstanding the provisions of various acts passed for the relief of his majesty's Roman catholic subjects from disabling laws, doubts have been entertained whether it be lawful for his majesty's subjects professing the Roman catholic religion in Scotland to acquire and hold in real estate the property necessary for religious worship, education, and charitable purposes: and whereas it is expedient to remove all doubts respecting the right of his majesty's subjects professing the Roman catholic religion in England and Wales to acquire and hold property necessary for religious worship, education, and charitable purposes: 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 from and after the passing of this act his majesty's Roman casubjects professing the Roman catholic religion, in respect to their tholics to be schools, places for religious worship, education, and charitable pur- same laws as poses, in Great Britain, and the property held therewith, and the dissenters, persons employed in or about the same, shall in respect thereof be with respect subject to the same laws as the Protestant dissenters are subject to and places of in England in respect to their schools and places for religious worship, worship. education, and charitable purposes, and not further or otherwise. subject to the Protestant to schools tholicschool ed to take II. Provided always, and be it further enacted, that in all cases in Roman cawhich schoolmasters or other persons employed in such schools or masters, other places are, as a legal qualification for such employments, now when requirrequired by law to take the oath of supremacy, or the oath or decla- oath, to take ration against transubstantiation and the invocation of saints and that presacrifice of the mass, or to receive the sacrament of our Lord's 10 G. 4, c. 7. Supper, or, in Scotland, to subscribe the formula annexed to the aforesaid act for preventing the growth of popery, any such schoolmaster, or other master, professing himself a Roman catholic, shall, scribed by |