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said justices, or any two of them, be made and wrote out, of all monies received and paid by virtue and in pursuance of this Act; and how and to whom, and when and for what purposes the same have been laid out, paid, and expended; a copy or duplicate of which, signed by the said justices, or any two of them, shall be deposited with the town clerk, of the said town of Kingston-upon-Hull for the time being, to be kept among the records of the sessions of the peace there; who shall permit any person, so taxed as aforesaid, to inspect the same at all reasonable times, paying sixpence for such inspection; and shall upon demand forthwith give copies of the same, or any part thereof, to such person, paying at the rate of sixpence for every one hundred words, and so in proportion for any greater or lesser number of words.

LXX. Provided always, and be it further enacted, that all persons who shall apprehend themselves overcharged, or otherwise aggrieved by any assessment, or other Act to be made or done by virtue of this present Act, may appeal to the Justices of the peace assembled at their next Quarter Sessions, to be held for the said town and county, after demand of the monies assessed, or after such other act done, who shall and may make such order, and give such relief therein, as to them, or the major part of them then and there present, shall seem meet.

54 Geo. III.

Ć. 77

Persons aggrieved may appeal to

the Quarter Sessions.

Limitation of

Actions.

General Issue.

LXXI, And be it further enacted, That if any action or suit shall be brought or commenced against any person or persons, for any thing done in pursuance of this Act, such action or suit shall be brought and commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and brought in the county of the town of Kingston-upon-Hull, according to the truth of the fact; 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 if the plaintiff or plaintiffs shall become nonsuit, or discontinue such action or suit, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may Treble Costs. recover treble costs, and have such remedy for such costs as any other defendant or defendants hath or have for costs in any other case by law. LXXII. Provided always, That nothing above contained shall extend, or be construed to extend, to impeach, lessen, defeat, or in anywise affect any liberties, jurisdictions, privileges, exemptions, immunities, or advantages, heretofore granted, or in any manner belonging to the said town or borough, or county of the town of Kingston-upon-Hull, (except as is herein before expressly mentioned and contained); but that the same, and every part thereof respectively, may be held and exercised and enjoyed, in as full, ample, and beneficial a manner, to all intents and purposes (except as before excepted) as if this act had not been made.

LXXIII. And be it further enacted, That this Act shall be deemed and taken to be a public Act, and all judges, justices, and other persons shall take notice thereof as such, without specially pleading the same.

Saving the Privi.
leges of the

Town and Coun-
ty of the Town
of Kingston upon
Hull.

Public Act.

CLASS III.

CHRIST CHURCH, SCULCOATES.

54 Geo. III. Cap. 77. Royal Assent, 27th May, 1814. An Act for building a Church or Chapel of Ease in the Parish of Sculcoates, in the East-Riding of the County of York.

I. WHEREAS the population of the parish of Sculcoates, in the East Riding of the County of York, has of late years considerably increased: And whereas in consequence of the small size of the Parish Church of Sculcoates aforesaid, and its inconvenient distance from a large proportion of the inhabitants of the said Parish, it would be of great benefit and utility

B 2

54 Geo. III. c. 77.

Appointment of

Trustees.

Power to appoint new Trustees

when the original

Number is re

duced to less than Eight Persons, exclusive of the Vicar.

No Act valid unless at a Meeting

of Five Trustees at least.

to the said inhabitants if a Church or Chapel of Ease were erected in a con-
venient situation in the said Parish, for the celebration of Divine Service,
the administration of Sacraments and other rites and ceremonies according
to the usage of the Church of England. And whereas the King's most Excel-
lent Majesty is Patron of the Vicarage of the Parish Church of Sculcoates
aforesaid, which lies in the Diocese of York, and the Rev. Richard Patrick is
the present Vicar thereof: And whereas divers persons have engaged to
contribute various sums of money towards the expence of erecting a Church or
Chapel of Ease in the said Parish, and are desirous, by the assistance of
such other pious and well-disposed persons as shall hereafter engage to con-
tribute thereto, to erect a Church or Chapel of Ease in the said Parish, for
the accommodation of the inhabitants thereof; but in as much as the pur-
poses aforesaid cannot effectually be carried into execution, without the aid
and authority of Parliament: may it therefore please Your Majesty that it
may be enacted; and be it 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 the Vicar of the Parish of Sculcoates aforesaid for the time
being, William Jarratt, Joseph Egginton, John Carrick, Ann Sykes widow,
Avison Terry, John William Hentig, John Marshall, Thomas Ellison Col-
linson, William Hall, Thomas Hall, Samuel King, John Newbald, Henry
Coates, Simon Horner, Mary Thornton widow, John Terry, George Alder,
Joseph Robinson Pease, Thomas Thompson, Ann Cornwell widow,
John Moxon, James Hewetson, John Frost, and Joseph Rennard, together
with all and every person or persons who hath or have engaged to, and
shall, within the space of twelve calendar months next after the passing of
this Act, contribute, or shall by writing under his or her hand engage to
contribute the sum of one hundred pounds sterling, or upwards, for the
purposes of this Act, and their successors, to be elected and appointed as
hereinafter mentioned, shall be, and they are hereby appointed Trustees
for putting this Act into execution.

II. And be it further enacted, That when and as often as the said Trustees shall, by death, or resignation of office, or refusal to act, be reduced to a less number than eight persons, exclusive of the said Vicar of Sculcoates for the time being, it shall and may be lawful for the proprietors of pews and seats in the said intended Church or Chapel, in pursuance to notice in writing to that purpose, to be affixed upon the doors of the said intended Church or Chapel, which notice the surviving or remaining Trustees are hereby required to give, within the space of one calendar month next after the death, resignation, or refusal to act, of the person so reducing the number of trustees below eight persons as aforesaid, shall be made known to them, to assemble in the vestry of the said intended Church or Chapel, and there from time to time, as such vacancies occur, elect some other fit person (being a proprietor as aforesaid) in the room of him or her so dy ing resigning, or refusing to act; and the said person so elected shall immediately thereupon become vested with the same powers and authorities as if he or she had been appointed a Trustee in and by this Act. Provided always, that in case the said proprietors of pews and seats shall at any time, upon a vacancy happening as aforesaid, neglect to appoint some fit person as aforesaid to act as a Trustee in the room of him or her so dying, resigning, or refusing to act, within the space of three calendar months after such death, resignation, or refusal to act, then and in that case it shall be lawful for the Vicar of Sculcoates for the time being to appoint such Trustee, who shall, immediately upon such appointment being signed by the said Vicar of Sculcoates, and entered in a book for that purpose, become vested with the same powers and authorities as if he had been appointed a Trustee in and by this Act.

III. And be it further enacted, That no Act of the said Trustees in the execution of this Act shall be deemed to be good, valid, or effectual, unless the same shall be done at some meeting to be holden in pursuance of this Act (except as may be hereinafter excepted); and that all the powers and authorities by this Act granted to the said Trustees shall and may be exercised from time to time, by the major part of them who shall be present at any such meeting, the number of Trustees then present not being less than five; and that all the orders and proceedings of such major part shall

have the same force and effect as if the same were made or done by all the Trustees of this Act for the time being (save and except as may be hereinafter excepted,) and that at every meeting of the said Trustees a chairman may and shall be appointed; and that when and as often as it shall happen, that there shall upon any question be an equality of votes at any such meeting, including the vote of the chairman, then it shall and may be lawful to and for such chairman to give the decisive or casting vote.

IV. And be it further enacted, That the first meeting of the said Trustees in pursuance of this Act shall be held as soon as conveniently may be after the passing thereof, at the public hall in Sculcoates aforesaid, and that all subsequent meetings shall be held at such times and places within the said parish, as the said Trustees shall from time to time appoint (except where otherwise expressly provided for by this Act): Provided always, that a notice of the intention to hold such meetings respectively shall in all cases be inserted in one or more of the Hull Newspapers, until the erection and completion of the said intended Church or Chapel; and after such erection and completion, such notice shall be in writing, and affixed upon the door of the said intended Church or Chapel, at least seven days before any of the days on which such meetings are respectively intended to be held.

V. And be it further enacted, That the said Trustees shall cause to be provided and kept a proper book or books, and to be made therein fair and regular entries of all their acts, orders, and proceedings relative to the execution of this act, and of the names of all such trustees as shall be present at their several meetings, and that the same shall be subscribed with the name of the chairman; and that all such entries, being so signed, shall be deemed originals, and shall be allowed to be read in evidence in all courts whatsoever, in all causes, suits, and actions, touching any thing done in pursuance of this Act.

VI. And be it further enacted, That the said Trustees may, and they are hereby empowered, by writing under their hands, to appoint a Treasurer or Treasurers, Collector or Collectors, and also such other officers and persons for the execution of this Act, (except such officers as the Minister for the time being of the said intended Church or Chapel is hereinafter empowered to appoint) as they the said Trustees shall think proper, and from time to time to remove such officers or persons respectively, as they the said Trustees shall see occasion; and out of the monies to be received by virtue of this Act, to allow and pay such salaries, wages, and allowances to the said officers to be appointed by them, and also by the said Minister, as hereinafter mentioned, as they the said Trustees shall think reasonable; and the said Trustees are hereby required to take sufficient security from every such Treasurer and other officers, for the due execution of his office, as they shall think proper.

VII. And be it further enacted, That the said Trustees shall and may sue and be sued, in the name or names of their Treasurer or Treasurers for the time being, to be appointed under this Act; and that no action or suit which may be brought by or against the said Trustees, or any of them, in relation to this Act, shall be abated or discontinued by the death or removal of any such Treasurer or Treasurers, or by the act of such Treasurer or Treasurers, without the consent of the said Trustees, but the Treasurer or Treasurers for the time being shall always be deemed plaintiff or plaintiffs, or defendant or defendants, in every such action or suit, as the case may be. Provided always, that every such Treasurer or Treasurers shall be reimbursed out of the monies to be raised by virtue of this Act, all such costs, damages, and reasonable expences as he or they shall be put unto, or become charged or chargeable with, by reason of his or their being so made plaintiff or plaintiffs, or defendant or defendants, as aforesaid.

54 Geo. III.

c. 77.

Meeting of the
Trustees.

All Proceedings to be entered.

Trustees may ap

point Officers, and the Officers to be allow them, and appointed by the Minister, Salaries.

Trustees to sue
and be sued in the
Name of their
Treasurer.

contract for the Purchase of

Land, not exceed. ing Three Acres.

VIII. And be it further enacted, That it shall and may be lawful to and Trustees may for the said Trustees, and they are hereby empowered and required as soon as conveniently may be after the passing of this Act, to contract or agree for the absolute purchase, in fee simple, in possession, of any freehold lands, tenements, or hereditaments, in the parish of Sculcoates aforesaid, (not exceeding three acres in the whole,) with any person or persons whomsoever who shall be willing to sell the same, for the purpose of building and erecting upon some part or parts thereof the said Church or Chapel, and such other buildings and conveniences, and of making a

54 Geo. III. c. 77.

On Payment of
Purchase Money,
Land to be vested

in Trustees.

Trustees may build a Church, &c.

Church, when built, to be a perpetual Cure.

Act not to make a new Parish, or

alter any Tithes,

&c.

Pews, Vaults, &c. vested in the Trustees.

Seats to be appropriated for the Accommodation

of Five hundred Poor.

Pews, Seats and Vaults to be numbered.

cemetery or burial ground to the same Church or Chapel, and approaches thereto respectively, as to the said Trustees shall appear necessary and expedient; and that it shall and may be lawful to and for the said Trustees and their successors to hold such lands, tenements, and hereditaments without incurring or being subject to any of the penalties or forfeitures of the statutes of mortmain, or any other law or statute whatsoever to the contrary notwithstanding.

IX. And be it further enacted, That upon the payment of the money contracted or agreed to be paid for the purchase of such lands, tenements, or hereditaments, by the Trustees, to the party or persons respectively entitled unto such monies, or to their agents, and upon the conveyance of such lands, tenements, or hereditaments, to the said Trustees and their successors for ever, by the name and style of "The Trustees of Christ's Church, in Sculcoates," all the estate, right, title, interest, use, trust, property, claim, and demand, in law and equity, of the person and persons respectively, (for whose use the same shall be paid,) in, to, or out of such lands, tenements, or hereditaments, shall vest in the said Trustees and their successors for ever, for the uses and purposes of this Act.

X. And be it further enacted, That it shall be lawful for the said Trustees to cause a Church or Chapel of Ease to be erected or built upon some part of the said lands, tenements or hereditaments, so purchased by them by virtue of this Act, after such model, and of such dimensions, and with such materials, and in such manner as they the said Trustees, with the approbation of the Archbishop of York for the time being, shall order or direct, and to be made a cemetery or burial ground thereto, if they shall think fit; and also to cause pews, seats, and galleries, and a vestry, together with such ornaments and conveniences to be made, erected, and set up in the said Church or Chapel and to cause any Bell or Bells to be hung up in the said Church or Chapel as by the said Trustees, with the like approbation, shall be deemed necessary or proper, in order that the said Church or Chapel may be completely fitted up and furnished for the performance of divine service therein, according to the rites and ceremonies of the Church of England; and also to lay out a sufficient part of the lands, tenements, and hereditaments, so to be purchased, for approaches to the said Church or Chapel, Cemetery or Burial Ground, as the said Trustees shall deem necessary and expedient: Provided always, that the said Trustees may cause vaults to be made under the floor of the said Church or Chapel, if they shall think proper so to do, for the interment of the dead.

XI. And be it further enacted, That the said Church or Chapel, when built and completed, shall be set apart and dedicated to the service of Almighty God, as a place of divine worship for ever, according to the usage of the Church of England; and such Church or Chapel, from and immediately after the consideration and dedication thereof, shall and is hereby declared to be a perpetual cure and benefice, and shall be called by the name of "Christ's Church in Sculcoates:" Provided always, that nothing in this Act contained shall extend or be construed to extend to the making of any new parish, or to the altering of any tithes or any other ecclesiastical dues or payments, or any rates, taxes, assessments, or other payments whatsoever.

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XII. And be it further enacted, That all the pews, seats, and galleries in the said intended Church or Chapel, and all the Vaults (if any) under the said Church or Chapel, with their appurtenances, shall be, and the same are hereby vested in the said Trustees and their successors for ever.

XIII. And be it further enacted, That the said Trustees shall, and they are hereby required, to set apart and appropriate in the said intended Church or Chapel, such a number of seats for the gratuitous accommodation of the poor of the Parish of Sculcoates aforesaid, for the time being, as shall be sufficient to accommodate not less than five hundred of such poor.

XIV. And be it further enacted, That all the pews and seats to be erected and set up in the said intended Church or Chapel, and in the galleries thereof (except such seats as shall be so set apart for the poor as aforesaid) and also the vaults (if any) shall be made under the said Church or Chapel, shall be marked with and distinguished by different numbers or figures to be carved or painted on the door of each pew, seat, and vault respectively.

XV. And be it further enacted, That the said Trustees shall and they are hereby required, with all convenient speed after the said Church or Chapel shall be in sufficient state of forwardness, to sell the fee simple and inheretance of the said pews, seats, and vaults, in such manner as to the said Trustees shall seem meet, to any person or persons willing to become the purchaser or purchasers thereof, at such price or prices in money as can or may be reasonably had or gotten for the same, and that a memorandum of each such sale being entered in a book or books kept for that purpose, and signed by two or more of the said Trustees, and by the purchaser or purchasers of such pews, seats, and vaults respectively, shall be good, valid, and effectual to vest the fee simple and inheritance thereof in such purchaser or purchasers, without any faculty or other instrument whatsoever : Provided always, that on every such sale of the said pews and seats, there shall be respectively reserved and made payable, as hereinafter directed, such yearly rent or sum, payable by equal half-yearly payments, as they the said Trustees shall think fit to affix upon each and every such pew or seat, the aggregate amount of such rents or sums in the whole not being less than one hundred pounds per Annum.

XVI. And be it further enacted, That the aforesaid rent or sum to be reserved in respect of every such pew and seat, shall be ascertained and determined, and entered in a book provided for that purpose, before any sale or conveyance shall be made of them, or any of them, and that the entry of the same, on being signed by two or more of the Trustees, and by the purchaser or purchasers of such pew and seat shall be considered binding and conclusive to all intents and purposes whatsoever; and that in case the rent of any such pew and seat shall be behind and unpaid for the space of twenty-one days next after the same shall have become due and payable, and shall have been demanded, it shall and may be lawful for the said Trustees, or any person by their order, to enter upon and re-assume, or take possession of such pew and seat, and for the said Trustees to sell and convey the same on the terms, and in manner before mentioned, to any other person or persons, at such price or prices in money as can or may be reasonably had or gotten for the same, and after deducting therefrom the rent in arrear and all expences attending such re-sale, the said Trustees shall pay the surplus (if any) to the late owner or owners of such pew and seat; Provided always, that notice in writing shall be affixed on the door of the said Church or Chapel of such rent being behind or unpaid as aforesaid, and of the intention of the said Trustees to enter and re-sell, for three succeeding Sundays previous to such new sale being made.

XVII. And be it further enacted, That when and so soon as the said intended Church or Chapel shall be built and consecrated, the perpetual advowson, right of patronage, free disposition, nomination, and presentation of, in, and to the said intended Church or Chapel shall for ever thereafter appertain to, and the same is and are hereby vested in and settled upon the said Trustees and their successors for ever, freed and absolutely discharged of all estates, rights and interests of the said Richard Patrick and his Successors for the time being, Vicars of the said Parish Church of Sculcoates, and all person and persons whomsoever claiming under him, them, or any of them.

XVIII. And for the keeping the said Church or Chapel at all times hereafter an entire and distinct Cure and Benefice from the parish Church of Sculcoates aforesaid, be it further enacted, That it shall not be lawful for the Vicar of the said parish Church, or any other person holding any curacy or lectureship within the said parish, or under the Vicar thereof, to be minister of the said intended Church or Chapel.

XIX. And be it further enacted, That after the consecration of the said intended Church or Chapel, it shall and may be lawful for Banns of Matrimony to be published, and Marriages, Christenings, and Burials to be solemnized within the said intended Church or Chapel, provided the same be published and solemnized according to the laws and canons of this realm on that behalf; and that all such banns as shall be so published, and also all and every such marriages, christenings, and burials, as shall be solemnized in the said intended Church or Chapel, shall be as good, valid, and effectual, to all intents and purposes, as if the same were published and solemnized in the parish Church of Sculcoates aforesaid: Provided always, that it shall and may be lawful for the Vicar of Sculcoates for the time being to perform

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