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54 Geo. III. any of the aforesaid ceremonies in the said intended Church or Chapel, at
any time, so as not to interfere with the accustomed hours of divine worship at the said Church.
XX. And be it further enacted, That all marriages, christenings, and All Marriages, burials, solemnized within the said intended Church or Chapel, shall be Christenings, and registered in public register books, to be provided by the Church wardens, Burials to be
and kept for that purpose by the Minister, according to the laws in force registered.
for keeping registers in that part of the United Kingdom called England; and that such register books shall be received in all courts of law and equity, as evidence of such marriages, christenings, and burials, in the same manner as register books of marriages solemnized in Churches and public Chapels, in which Banns were usually published before the passing of an Act made in the twenty-sixth year of his late Majesty King George the second, intituled An Act for the better preventing of Clandestine
Marriages, or copies thereof, are read in evidence. Double Fees on
XXI. And in order that the erecting of the said intended Church or all Marriages, &c. Chapel may not prejudice the Vicar of the said parish for the time being, Half to be paid to the Vicar,
or lessen his revenues, be it further enacted, That there shall be paid to the Minister of the said intended Church or Chapel, for every marriage and burial, and for every churching of women, which may be performed in the said Church or Chapel, double the fees which are actually, and of right ought to be paid for the performance of such services respectively, at the parish Church of Sculcoates aforesaid; and that the Minister of the said intended Church or Chapel shall, from time to time, collect and receive all such double fees, of which an account shall be kept by him open to the inspection of the Vicar, and account for and pay, by two equal half-yearly payments in every year, videlicet, on the first Monday after every Christmas Day and Midsummer Day, one moiety or half part thereof to the Vicar of the said parish for the time being, or his agent appointed by him in that behalf; the first of the said payments to be made on such of the said days as shall happen next after the consecration of the said Church or Chapel, and in case of non-payment within fourteen days next after any of the said half-yearly days, such moiety or half part of all such fees shall and may be sued for and recovered from the said Minister of the said Church or Chapel, with full costs of suit, by the Vicar of the said parish for the time being, in the same manner, and by the same ways and means, as any sur plice fees, due and payable at the parish Church of Sculcoates aforesaid, can or may be recovered, or by action of debt, or on the case, in any of of His Majesty's
Courts of Record at Westminster. Minister's Duty.
XXII. And be it further enacted, That the Minister of the said intended Church or Chapel shall, every Sunday Morniog and Evening, read therein the Prayers prescribed in the Book of Common Prayer, or Public Liturgy of the Church of England, and shall also every Sunday Morning and Evening, and on every Christmas Day and Good Friday, and on all occasional public Fasts and Festivals, in the Morning, after Divine Service is performed, preach, or cause to be preached, a sermon in the said intended Church or Chapel, and shall at least eight times in the year administer the Holy Sacrament of the Lord's Supper, namely, on Good Friday, Easter Sunday, Whit Sunday, and Christmas Day, and on such other four Sundays as the Minister for the time being shall appoint, so that the spaces of time between such Administration of the Holy Sacrament of the
Lord's Supper shall be as nearly equal as may conveniently be. Minister's Salary. XXIII. And be it further enacted, That for the maintenance and sup
port of the Minister for the time being of the said intended Church or Chapel, the said Trustees are hereby required to pay, or cause to be paid to the said Minister, by two equal half-yearly payments, videlicet, on the first Monday after every Christmas Day and Midsummer Day, all, or so much as shall be received of the rents which shall, by virtue of this Act, be reserved and made payable out of the pews and seats of the said intended Church or Chapel ; and also the Interest and annual produce of all monies, and the rents and annual profits of all lands and hereditaments which shall be given, granted, bequeathed, or devised to the said Trustees for the use and benefit of the said Minister, and also such further annual sum as the said Trustees shall, from time to time, think proper to pay and allow to him.
XXIV. And be it further enacted, That if the proprietors of pews and 54 Geo. III. seats, in the said intended Church or Chapel, or the major part of them,
c. 77. shall be desirous to have a lecturer appointed to read prayers and preach a sermon in the said intended Church or Chapel every Sunday, in addition to the duty herein before provided to be done by the stated Minister, it Lecturer may be shall be lawful for the said proprietors of pews and seats, or the major part app
appointed by the
Proprietors of of them, from time to time, to employ and engage the Minister of the said Pews. intended Church or Chapel, or any other Minister duly qualified by law to be such lecturer; and that every such lecturer, other than the Minister of the said intended Church or Chapel, being first approved of and duly licensed thereto by the Archbishop of York, shall have the use of the said intended Church or Chapel, and the pulpit therein, for the purposes aforesaid ; and that every such lecturer shall be paid for his care and pains Lecturer's therein, by a voluntary subscription of the said proprietors of pews and Salary. seats, as they, or the major part of them, direct and appoint.
XXV. And be it further enacted, That it shall be lawful for the said Trustees empow. Trustees, and they are hereby authorised and empowered at any time or ered to accept
Lands, Money, times hereafter, without licence in mortmain, to accept and take any imme
&c. to the diate gift, grant, conveyance, or devise, gifts, grants, conveyances, or Amount of devises of any lands, tenements, or hereditaments, and any bequests of money, 10,000£. goods, chattels, or effects, not being of greater amount or value in the whole than ten thousand pounds sterling, to them and their successors for ever, by the name and style of “ The Trustees of Christ's Church in Sculcoates," for the augmentation of the Minister's salary, or endowment of the said intended Church or Chapel, or for the discharge of any debt or debts incurred in the building of the said Church or Chapel, or any other of the purposes of this Act; any law, statute, or usage to the contrary thereof in anywise notwithstanding.
XXVÍ. And be it further enacted, That in case it shall at any time Trustees empow. appear to the said Trustees to be necessary to raise a sum or sums of money
ered to sell and
mortgage for the by way of sale or mortgage, for the discharge of any debt or debts incurred Purposes of this in the erection of the said intended Church or Chapel, or for the providing Act. a more adequate income for the Minister of the said intended Church or Chapel, or for any other the purposes of this Act, it shall and may be lawful for the said Trustees to sell, for the best price in money that can be lawfully and bona fide obtained, the advowson, patronage, or right of presentation of or to the said intended Church or Chapel, either in perpetuity, or for one or more turn or turns, and also the lands, tenements, and hereditaments to be purchased or acquired under the powers of this Act, or any part of them, or to mortgage in fee, or for any term of years, the said advowson, patronage, right of presentation, lands, tenements, and hereditaments; provided that every instrument for effectuating such sale or sales, mortgage or mortgages respectively, shall be under the hands and seals of not less than five of the said Trustees; and it is hereby declared, that the receipts of such five or more Trustees for any purchase or mortgage monies so coming to their hands, shall be valid and effectual without such purchasers or mortgagees, or any of them respectively, being required to see to the application, or being accountable for the misapplication or non-application of such monies, or any part thereof respectively ; provided that all such deeds of sale or mortgage he duly enrolled in the Court of Chancery within six calendar months from the date thereof..
XXVII. And be it further enacted, That as soon as conveniently may be Fund for Repairs. after the consecration of the said intended Church or Chapel, the said Trustees shall, and they are hereby required to place at interest, upon good and sufficient security, in the name of the Minister and Church wardens of the said intended Chapel or Church, for the time being, the sum of One Hundred Pounds; and that the interest or dividends thereof shall from time to time accumulate and be added to the principal, till the whole shall amount to Four Hundred Pounds, for providing a fund for, and to be laid out by the said Minister and Church or Chapel Wardens for the time being, in the necessary expences of supporting and keeping in repair the roof, main walls, and timbers of the said intended Church or Chapel, and the church yard and fences, so that the same may at all times be preserved in good repair and condition : Provided always, that in the application of the said sum of money, the same shall never be reduced below the suni of Two
54 Geo. III. Hundred Pounds, which sum shall be continued at interest, or as soon as c. 77.
may be done conveniently, be laid out in the purchase of land, to be conveyed to the said Trustees, and their successors; and the interest of the said sum of Two Hundred Pounds, or the rents and profits of the lands to be purchased, as the case may be, shall be and remain a continual provision for such repairs of the said intended Church or Chapel, church yard and fences, and for the enlarging, beautifying, or improving the said Church or Chapel, as shall appear proper to the said Minister, and Church or Chapel
Wardens thereof, for the time being. Appointment of XXVIII. And be it further enacted, That as soon after the consecration Churchwardenis.
of the said intended Church or Chapel as conveniently may be, two persons shall be appointed out of the proprietors of pews and seats therein, to be and act as Church or Chapel Wardens of the said intended Church or Chapel, until the Wednesday in the Easter Week next after such appointment; and in case of the death of either of them before such time, then for the survivor to be and act as aforesaid until such time; and from thenceforth upon every Wednesday in Easter Week yearly for ever, two fit persons shall be appointed as aforesaid, to be and act as Church or Chapel Wardens of the same Church or Chapel, one of such Church or Chapel Wardens to be appointed by the Minister for the time being, and the other by the said proprietors, or the major part of them, to be therein assembled in the said Church or Chapel for that purpose; and in case of the death of any Church or Chapel Warden during the year for which he shall have been elected, then and in every such case a new Church or Chapel Warden shall be appointed by and out of the persons aforesaid, in such manner as the deceased Church or Chapel Warden shall have been appointed ; and every such Church or Chapel Warden to be so, appointed as last aforesaid, shall respectively be, and act as Church or Chapel Warden of the said intended
Church or Chapel, until the Easter Wednesday next after his appointment. Appointment of
XXIX. And be it further enacted, That the Minister for the time being Clerk and Sexton of the said intended Church or Chapel is hereby authorized and empowered by the Minister.
to nominate and appoint proper persons to the offices of Clerk and Sexton,
his or their office or offices respectively. Minister &c, ruh XXX. And be it further enacted, That the said intended Church or ject to Jurisdic. Chapel, and Minister and Church or Chapel Wardens, shall be under and tion of the Arth. bishop of York.
subject to the ordinary jurisdiction of the Archbishop of York, and shall be visited in such manner as other churches within the diocese of York are
visited. Rate upon the XXXI. And be it further enacted, That the persons appointed to the Pews fos occa said office of Church or Chapel Wardens of the said intended Church or sional Repairs,
Chapel as aforesaid, shall and may, and they are hereby empowered and and incidental Expences.
required to make, or cause to be made, a rate, sufficient to answer and pay the expences hereinafter mentioned, upon the proprietors of the pews and seats in the said intended Church or Chapel, in proportion to the value at the time of the sale thereof, of each pew and seat respectively, and to collect and receive every such rate from the said proprietors: and in case any proprietor or proprietors, his, her, or their executors or administrators, shall, at any time or times, neglect or refuse to pay the sum or sums assessed on him, her, or them respectively by any such rate, it shall be lawful for the said Church or Chapel Wardens, or one of them, to use such means for the recovery of every such rate, as by the laws and statutes of the realm are provided, for compelling the payment of assessments for the repairs of parish churches, and by and out of the monies arising by such rates, to find and provide bread and wine for the holy communion, and books and surplices for the Minister, and to pay all incidental charges and expences relating thereto, and also to pay all expences to be from to time incurred in preserv. ing the windows of the said intended Church or Chapel whole and in good repair, and in keeping the inside of the said intended Church or Chapel at all times cleaned and painted, and in a neat decent state, suitable for the solemn celebration of Divine worship therein.
XXXII. And be it further enacted, That the keys of the said intended 54 Geo III. Church or Chapel shall from time to time be kept by, and left in the
c. 77. custody of the Minister thereof for the time being, or of any one whom he may appoiat; and the plate, furniture, records, and books belonging thereto, shall and may be deposited and kept in the vestry room of the said Keys of the
Church lo lje intended Church or Chapel, or in such other place as the proprietors of pews
kept by the and seats therein, or the major part of them, shall from time to time direct, Minister. in a strong chest to be for that purpose' provided, with two secure locks and different keys, one of which shall from time to tiine be kept by the said Minister, and the other by the said Church or Chapel Wardens for the time being.
XXXIII. And be it further enacted, That the monies to be received by Application of the said Trustees by virtue of this Act, shall be applied by then, in payment Monies. of the costs, charges, and expences of obtaining and passing the same, and then in erecting and completing the said intended Church or Chapel, and for other the purposes of this Act. XXXIV. Provided always, and be it enacted, That all and every the said Indemnity to
Trustees. Trustees shall from time to time, and at all times hereafter, be amply and fully indemnified from and out of the monies to arise by virtue of this Act, of and from all costs, charges, damages, and expences, which they or any of them, or their Treasurer or Treasurers as aforesaid, shall and may sustain or be put unto for or by reason of any action, suit, or other proceeding, which may be had, sued, commenced, or prosecuted against them, or any or either of them, for any act, matter, or thing which may be by them, or any of them, legally done in or about the execution of this Act, and the trusts hereby in them reposed.
XXXV. Provided always, and be it further enacted, That no action or Limitation of suit shall be commenced against any person or persons for any thing done Actions. in pursuance of this Act, after the expiration of six calendar months next after the cause of action or suit shall arise, nor without twenty-one days notice shall have been given to him or them previous to the commencement of such action or suit, and every such action or suit shall be brought and tried in the said county of York, and not elsewhere; and if any such action or suit shall be brought before twenty-one days notice shall have been given, or after the time limited for bringing the same as aforesaid, then and in every such case the jury shall find for the defendant or defendants, and upon each Verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, then and in every such case the defendant or defendants shall recover treble costs, and shall have such remedy for recovering the same as any defendant hath for costs of action or suit in other cases of law or equity.
XXXVI, Provided always, and be it enacted, That nothing in this Act Rights of the contained shall prejudice, impeach, or defeat the right, title, interest, claim, Vicar of Scul.
coates. or demand of the Vicar of the said Parish of Sculcoates, for the time being, of, in, or to any tithes, offerings, oblations, obventions, or other ecclesiastical rights, dues, benefits, or advantages, arising within the same parish, and belonging to the Vicar thereof, or his successors, (save the right of patronage, nomination, and right of presentation, to the said intended Church or Chapel,) but the same shall be paid and payable in the same manner as they would or ought to have been in case this Act had not been made. XXXVII. Saving always to the King's most Excellent Majesty, and to
of Rights. bis heirs and successors, and to all and every other person or persons, bodies politic and corporate, his, her, and their heirs, successors, executors, and administrators, (other than those meant and intended to be barred and destroyed by this Act,) all such estates, rights, titles, and interests as they, every, or any of them had and enjoyed before the passing of this Act, or could or might have had or enjoyed in case this Act had not been made.
XXXVIII. And be it further enacted, That this Act shall be deemed and Public Act. taken to be a Public Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
57 Geo. III.
BURIAL GROUND FOR SCULCOATEŞ.
57 Geo. III. Cap. 21.
Royal Assent 23rd May, 1817.
· An Act for providing an additional Burial Ground for the Parish
of Sculcoates, in the East Riding of the County of York,
1. WHEREAS the parish of Sculcoates otherwise Scowscotts, in the East Riding of the County of York, is a very large and extensive parish, and the population thereof hath for many years greatly increased, and become so numerous that the church yard belonging thereto is not sufficiently large to contain the bodies of those who die in the said parish, and are required to be buried therein, without great inconvenience and annoyance to the inhabitants of the said parisb ; and it is therefore expedient that additional ground for burial should be provided for the use of the said parish; but the same cannot be effected 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 Reverend Trustec
William Preston, vicar of the said parish of Sculcoates, the Reverend George Mackereth, curate of the said parish, John Atkin and Richard Thompson, churchwardens of the said parish, and every succeeding vicar, curate, and church wardens of the said parish, during such times as they shall respectively continue or be the vicar, curate, and churchwardens of the said parish for the time being, together with Anthony Atkinson, John Atkin, John Alderson, doctor of physic, Michael Andrew, Henry Broadley, Jonas Brown, Richard Boyle, John Blackshaw Briggs, Henry Coates, John Carrick, Francis Clifford, William Collinson the younger, Thomas Dikes, clerk, William Dikes, Stephen Dickinson, William Dunning, Joseph Egginton, Gardiner Egginton, John Frost, John Fox, Joseph Green, William Hall, William Hansell, James Hewitson, Charles Lutwidge, Robert Lundy, William Monday, John Marshall, James Norman, Joseph Robinson Pease, Thomas Stainland, Robert Smithson, Richard Thompson, John Todd of Wright-Street, John Todd of Savile street, Matthew Thomas Trigg, John Thornton, John Whitaker, Charles Whitaker, and John Youle, and their successors to be elected or appointed in manner hereinafter mentioned, shall, during such time as they shall continue to act according to the provisions of this act, and are householders within the said parish, be and are hereby appointed trustees for carrying this act into execution; and that when any of the said trustees (except the vicar, curate, and churchwardens of the said parish for the time being) shall die, or refuse to act, or cease to be resident householders within the said parish, then the inha.. bitants of the said parish shall at their next or any other subsequent public meeting in vestry assembled, after such death, refusal, or discontinuing to act, or ceasing to be a resident householder within the said parish as aforesaid of any of the said trustees, appoint any other fit and proper person, being a resident householder within the said parish, to be a trustee in the room or stead of him who shall have so died, refused, or discontinued to
act, or shall have ceased to be a resident householder as aforesaid. For keeping up a II. Provided always, and be it further enacted, That from time to time certain number
and at all times hereafter, if the number of trustees appointed by this act, of Trustees.
or hereafter elected in pursuance thereof, shall, by reason of vacancies not