Church

wardens may

with consent

of Incumbent,

Patron and

Pew Rents.

For the recovery of Pew Rents half

yearly.

Application to be made

or Seats, to the persons who shall from time to time be appointed the Churchwardens of the said Church or Chapel, by two equal half-yearly payments in each year, namely, on the Monday next after the Nativity of our Saviour Christ, and the Nativity of Saint John the Baptist, in the Vestry Room of the Church or Chapel, between the hours of nine in the forenoon and four in the afternoon.

Provided always, and be it further Enacted, That it shall be lawful 100 for the Churchwardens of any such Church or Chapel, at any time thereafter, with the Consent in writing of the Incumbent, and of the Patron of the Church or Chapel respectively for the time being, and of the Bishop of the Diocese, to alter any such yearly Rent or Sums; and in any such case a new List or Schedule of Rents or Sums, and the Pews or Seats upon which the same are respectively charged, shall be signed by the Churchwardens, Incumbent, Patron and Bishop respectively, and shall be deposited with the Deed of Consecration of the Church or Chapel.

And be it further Enacted, That every person or persons possessed of a Seat or Pew in every such Church or Chapel, shall pay the Rents. charged thereon as aforesaid, at two equal half-yearly payments, to wit, on the Monday next after the Nativity of our Saviour Christ, and the Nativity of Saint John the Baptist, in every year; and in case the Rent

of
any such Pew or Seat or any part thereof shall happen to be behind 107
and unpaid by the space of Three Months next after the same shall
become due, and Notice in writing demanding payment thereof shall have
been given to the owner or occupier of such Seat or Pew, then the said
Churchwardens for the time being of the Church or Chapel, shall and
may either enter upon and hold such Seat or Pew, or let the same to any
other person or persons, in such manner as such Churchwardens shall
think proper, until the Rent so in arrear, and all costs and charges which
shall have been occasioned by the nonpayment or in the recovery thereof,
shall be duly paid and satisfied; or otherwise to sell the same Pews or
Seats respectively, by public Auction, to the best bidder, and out of the
money thence arising, pay and satisfy the said Rent in arrear, rendering
the overplus (if any) after deducting all reasonable costs and charges 108
occasioned by or in consequence of such Rent being in arrear and in the
recovery thereof, to the owner or occupier of such Pews or Seats respec-
tively (as the case may be;) or the said Churchwardens at their discretion
may sue for and recover the said Rent so in arrear, by Action of Debt, or
upon the case, for the use and occupation of such Pew or Seat, to be
brought against the owner or owners or any occupier or occupiers thereof,
in the name of "The Churchwardens of the Church or Chapel of"
[describing the Church or Chapel]; and no such Action or Suit shall abate
by reason of the death removal or going out of office of any Church-
warden.

Provided always, and be it further Enacted, That every application and with consent offer to build any Church or Chapel, either wholly or in part, by means of of majority in number, and any Rates upon any Parish, shall be made with the consent of not less four-fifths in than the majority in number, and of Three-fourth parts in value, such

value, of Per

sons paying

Poor Rates.

value

109 value to be calculated and ascertained from the last Rate made for the relief of the Poor in such Parish, of the Persons so assessed to and paying such Rates; or where the Poor Rates of any Parish shall be under the care and management of any Select Vestry, or Commissioners, Governors of the Poor, Trustees, or other select body, then with the consent of not less than Four-fifths of such select body, by whatever name the same may be called, such consent to be certified by some Justice of the Peace, or Magistrate acting as such in such Parish, or extra-parochial Place in any Parish, by one or more of the Overseers of the Poor of the Parish or Place in respect of which the application shall be made.

Provided also, and be it further Enacted, That it shall be lawful for the Churchwardens of the Parish or extra-parochial Place in which any such Church or Chapel shall be built, upon any such application of the parishioners or inhabitants of an extra-parochial place as aforesaid, and they are hereby authorized and required, to make Rates for the raising the portion stated in any such application, to be provided by means of Rates, if the Church or Chapel is proposed to be built partly by Subscription and partly by such Rates; or for raising 110 the Sum necessary for the building any such Church or Chapel, if the whole expense is proposed to be defrayed by Rates; or to borrow any such Sums upon the credit of any such Rates; and in every such case to make Rates for the payment of the Interest of any Monies advanced for the building any such Church or Chapel upon the credit of the Rate, and for providing a Fund of not less than the amount of the Interest upon the Sum advanced for the repayment of the Principal thereof, or for repaying such Principal, in such manner, and at such times, and in such proportions as shall be agreed upon with the persons advancing any such Money.

And be it further Enacted, That Accounts shall annually be laid before both Houses of Parliament, of the progress made by the said Commissioners in execution of the purposes of this Act, stating the number of Churches or Chapels built or building, the Stipends assigned to the Incumbents or Curates thereof, the Money expended and for what purposes, and all such other particulars as shall be necessary for explaining the progress made in carrying the purposes of this Act into execution.

And be it further Enacted, That the Commissioners for the execution of this Act, shall and may receive and send all letters and packets relating 111 to the execution of the powers of this Act, free from the Duty of Postage, provided that such letters and packets shall be directed to "The Com"missioners for

Churchwardens may raise Rates for the purpose.

and that all such letters and packets as shall be sent by the said
Commissioners, shall be dated from their said office, and shall be signed
on the outside of such letters and packets, by such person as the said
Commissioners for the execution of this Act shall appoint, with the
consent of the said Commissioners of His Majesty's Treasury or any
Three or more of them, under such restrictions and regulations as the
160.

I

said

Limitation of
Actions.

Powers of Bishop, &c. not to be invalidated.

Act may be altered or

repealed in this Session.

said Commissioners of His Majesty's Treasury shall think proper and direct.

And be it further Enacted, That no Action or Suit shall be commenced against any person or persons for any thing done by virtue of or in pursuance of this Act, until Fourteen days Notice thereof in writing shall have been given to the Secretary for the time being of the said Commissioners, nor after a sufficient satisfaction or a tender thereof hath been made to the Party or Parties aggrieved, nor after Six calendar months next after the fact committed; and such Action shall be brought in the said Court of Exchequer in England, and shall be laid in the County of Middlesex 112 and not elsewhere; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if the same shall appear to be so done, or if such Action or Suit shall be brought after the time herein before limitted for bringing the same, or shall be brought without Fourteen days Notice thereof, or shall be brought in any other County or Place, or after a sufficient satisfaction made or tendered as aforesaid, that then the Jury shall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs shall become nonsuited or suffer a discontinuance of his her or their Action or Actions, or if a Verdict shall pass against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have Treble Costs, and shall have such Remedy for recovering the same as any Defendant or Defendants hath or have for costs of suit in any other cases by Law.

Provided always, and be it further Enacted and Declared, That neither this Act, nor any thing herein contained, shall extend to invalidate or avoid any Ecclesiastical Law or Constitution of the Church of England, or to destroy any of the Rights or Powers belonging to any Bishop of any Diocese or his Successors, or any Archdeacon, Chancellor, or Official.

And be it further Enacted and Declared, That he and they respectively may at all times hereafter, visit, institute and exercise Ecclesiastical Jurisdiction, in all the Parishes to be erected or divided by virtue or in pursuance of this Act, or in any part or place within the same, as amply as they or any of them may do now therein, and in such manner as in any other. Parishes or Places within his or their Diocese or Jurisdiction respectively.

And be it further Enacted, That this Act, or any of the Provisions thereof, may be amended altered or repealed by any Act or Acts to be passed in this present Session of Parliament.

113