57 Geo. III. c. 21.

The Court of Chancery may order reasonable Expences of Purchases made out of Money in

Court to be paid by the Trustees.

Trustees to inclose Ground, &c.

Walls, &c. to be
kept in repair,
&c.

Old Materials to be sold.

Ground to be consecrated.

Lands, &c.

Mater als, and other things vested in the Trustees.

other person or persons was or were entitled to such lands, grounds, tenements, buildings and hereditaments, or some estate or interest therein.

XIX. Provided also, and be it further enacted, That where by reason of any disability or incapacity of the person or persons, or corporation entitled to any lands, grounds, tenements, buildings or hereditaments to be purchased under the authority of this act, the purchase money for the same shall be required to be paid into the Court of Chancery, or into the Bank of England, in the name and with the privity of the Accountant General of that court, and to be applied in the purchase of other lands, grounds, tenements, buildings or hereditaments, to be settled to the like uses in pursuance of this act, it shall and may be lawful to and for the said Court of Charicery to order the expences of all purchases from time to time to be made in pursuance of this act, or so much of such expences as the said court shall deem reasonable, to be paid by the said trustees or their treasurer, out of the monies to be received by virtue or in pursuance of this act, who shall from time to time pay such sums of money for such purposes as the said court shall direct.

XX. And be it further enacted, That the said trustees shall, when and as soon as any such purchase or purchases shall be made and completed by virtue of this act, of any additional ground for burial, cause the same, or such part or parts thereof as they or any five or more of them shall judge necessary, to be cleared of all erections and buildings which shall or may be standing thereon or therein, and to be inclosed and fenced-in with good and substantial brick walls or other fences, and do all other things necessary and proper for making such ground fit and convenient for the burial of the dead, and may, if they think necessary, cause a convenient room or building to be erected on some part of the said ground for the accommodation of the officiating minister in performing the burial service.

XXI. And be it further enacted, That all such brick walls, or other fences and buildings so to be erected, shall for ever thereafter be kept and maintained in good and proper repair and condition, and the expences thereof shall be payed and defrayed by and out of the annual church rates and assessments raised and levied or to be raised and levied in the said parish.

XXII. And be it further enacted, That all old materials which shall belong to the trustees upon taking down any buildings, walls and erections under the provisions of this act, shall be sold and disposed of to the best advantage; and the money arising thereby be applied towards the expences of putting this act into execution, or be employed in making the new walls, fences, or improvements hereby directed to be made, as the said trustees or any five or more of them shall think advisable.

XXIII. And be it further enacted, That the ground so purchased as aforesaid shall, when inclosed and fenced-in as aforesaid, be consecrated according to the usage of the church of England, and shall for ever thereafter be used as and for additional burial grounds for the said parish of Sculcoates.

XXIV. And be it further enacted, That the property of and in the lands, grounds, buildings, tenements and hereditaments so to be purchased as aforesaid, and of and in all tools, materials, implements, and other matters and things which shall be purchased, provided or made use of for the purposes of this act, shall belong to and be the property of and the same are hereby vested in the said trustees: and they are hereby authorized and empowered to bring or cause to be brought any action or actions, or to prefer or cause, direct or order to be preferred, any bill or bills of indictment (as the case shall require) against any person or persons who shall disturb them or any of them in the possession thereof, or who shall steal, take, carry away, or detain all or any of the tools, materials, implements and other matters and things which shall be so purchased, provided or made use of for the purposes of this act; and in every such action or bill of indictment it shall be sufficient to state generally that the lands, grounds, buildings, tenements or hereditaments, or the article or articles, thing or things for or on account of which such action or actions shall be brought, or bill or bills of indictment preferred, is or are the property of the trustees for providing an additional burial ground for the parish of Sculcoates in

the East Riding of the County of York, without particularly stating or specifying the names of all or any of the said trustees.

XXV. And for the raising competent sums of money to pay for the purchase of such ground, and for making the same fit and convenient for the purposes aforesaid, and for all other purposes attending the same, and for defraying the necessary charges and expences thereof, and also the expences of obtaining, passing, and executing this act; Be it further enacted, that from and after the passing of this act it shall be lawful for the said trustees, or any five or more of them, (of whom some one of the churchwardens of the said parish shall be one) from time to time to make one or more rate or assessment, rates or assessments on all the occupiers of houses, lands, tenements and hereditaments within the said parish of Sculcoates, liable to the rates for the relief of the poor, such rate or assessment, rates or assessments, to be settled, regulated, ascertained and proportioned by the assessment made for the relief and support of the poor of the said parish next preceding every rate or assessment to be made by virtue of this act for the purposes last mentioned, and which rate or assessment, rates or assessments shall not in any one year exceed ninepence in the pound, and shall be allowed and signed by any two or more justices of the peace for the said East Riding of the County of York; and after such rate or assessment, rates or assessments shall have been so made and confirmed, the said trustees, or any five or more of them, shall have full power and authority and are hereby authorized and required to order or cause the same to be collected by and paid to the person or persons who shall be appointed by the said trustees to collect the same.

XXVI. And be it further enacted, That in case any person or persons shall for the space of ten days next after such rate or assessment, rates or assessments, shall have become due, neglect or refuse to pay the same, then it shall be lawful for any one or more justice or justices of the peace for the East Riding of the said County, by warrant or warrants under his or their hand and seal, or hands and seals, to levy or cause to be levied the same rate or assessment, rates or assessments, upon every or any of the person or persons liable to pay the same, according to the true intent and meaning of this act, by distress or distresses of the goods and chattels belonging to the person or persons neglecting or refusing to pay the same, and the goods and chattels so distrained to detain and keep, or cause to be detained and kept, until such rate or assessment, rates or assessments, together with the reasonable charges of such distress or distresses shall be paid; and that it shall be lawful for such person or persons so distraining, after the space of four days next after such distress or distresses made and taken, to sell or cause to be sold, the goods and chattels so distrained, returning the overplus (if any) upon demand to the owner or owners thereof after such rate or assessment, rates or assessments, and all reasonable charges for or by reason of distraining, keeping and selling the same, shall be deducted and paid.

XXVII. And be it further enacted, That the said collector to be appointed as aforesaid shall from time to time pay over all and every the sum and sums of money by him collected and received, to the treasurer to the said trustees, or to such person or persons as the said trustees, or any five or more of them, shall by any writing or writings under their hands, authorize and empower to receive the same, to be applied according to the true intent and meaning of this act, and not otherwise; and every such collector shall enter in a book or books to be kept by him for that purpose all and every sum and sums of money which he shall have received or collected under or by virtue of this act, or by reason or means of such his office, with the times of his receiving the same, and shall make such entries, and keep the account of money so received and collected, in such manner and form, in such book or books, as shall be directed by such trustees, or any five or more of them, from time to time; and every such collector shall upon oath, as often as required by the said trustees, or any five or more of them, before one or more justice or justices of the peace for the said East Riding of the County of York, (which oath such justice or justices is and are hereby empowered and required to administer without fee or reward,) give a true, exact, and perfect account in writing under his hand of all monies which he shall have collected, levied or received, by virtue of his said office.

57 Geo. III.

c. 21.

Power to raise
Money by a Rate

on the Inha-
bitants.

Recovery of

Rates in case of
Nonpayment.

Collector to pay
Assessments to

the Treasurer of
the said Trustees.

XXVIII. Provided always, and be it further enacted, That no person or persons who shall be of the age of sixty years or upwards, or any woman or women shall be appointed collector or collectors of the rates under this act, nor shall any person or persons who shall have been collector or collectors as aforesaid be again compelled to take upon himself or themselves the said office or offices for the space of ten years next after such service, nor shall any person or persons who shall have paid the said penalty be compelled to serve as collector or collectors under this act, without his or their consent respectively.

XXIX. And, for the more effectually enabling the said trustees to execute the purposes of this act in the most expeditious manner, Be it further enacted, That it shall be lawful for the said trustees, or any five or more of them, and they are hereby authorized and empowered, from time to time and at all times when they shall judge it necessary, to borrow and take up at interest, of or from any person or persons who shall be willing to lend and advance the same, any sum or sums of money not exceeding in the whole, at any one time, the sum of two thousand pounds, upon the credit of the rates or assessments to be made by virtue of this act, for the purposes aforesaid, and by any writing or writings under their hands to assign the said rates or assessments, or a competent part thereof, to the person or persons who shall advance and lend such money thereupon, as a security or securities for the several sums so borrowed, with lawful interest for the same, which interest shall be payable and paid half yearly by the treasurer for the time being to the said trustees, out of the monies to arise or be received by or from the said rates and assessments; and all and every sum and sums of money so to be advanced and lent, and the interest thereof, shall be and are hereby charged upon and shall be paid and payable from time to time, free from all charges, taxes, and deductions, out of the money arising from the said rates or assessments hereby authorized or directed to be made and levied as aforesaid, and of all charges, taxes and deductions whatsoever of the same principal money, or the interest thereof; and all persons who shall be possessed of the said securities shall be creditors on the said rates or assessments in equal degree, one with another, and without preference, in respect to the time of his her or their advancing money thereon, or otherwise howsoever; and every such grant, assignment or security, shall be in the form or to the effect following (that is to say,) 'By virtue of an act, passed in the fifty-seventh year of the reign of King George the Third, intituled, An Act [here insert the title of "this act] We, [five of the trustees] appointed by virtue of the said "act, in consideration of the sum of pounds advanced "and paid by the treasurer appointed in pursuance "of the said act, upon the credit and for the purposes of the said act, "do grant and assign, unto the said his executors,

66

to

"administrators and assigns, such proportions of the rates or assess-
"ments arising by virtue of the said act, as the said sum of

"pounds doth or shall bear to the whole sum which is or shall be
"borrowed upon the credit of the same act, to be had and holden from
"this
until the said sum of

day of

"pounds, together with interest at and after the rate of

"per centum per annum for the same, to be paid half-yearly, shall be
"repaid and satisfied. In witness whereof we have hereunto set our
"hands and seals, this
in the year of our

day of

"Lord one thousand eight hundred and And every such grant or mortgage shall be good, valid and effectual in the law to all intents and purposes.

XXX. And be it further enacted, That it shall be lawful for any person or persons who shall be entitled to any of the securities aforesaid, and his her or their executors, administrators and assigns, at any time or times, by writing under.his her or their hand or hands respectively, to assign over or transfer such securities by indorsement, to any person or persons whomsoever, and the person or persons to whom such assignment or transfer shall be made, or the person or persons for the time being entitled to such securities, may in like manner assign or transfer the same again, and so toties quoties; and every such assignment or transfer, after the same shall respectively be entered by the clerk for the time being to the said trustees, in the manner hereinafter directed, shall entitle the person or persons to whom

they shall be respectively made, or who shall be for the time being entitled thereto, and his her or their executors, administrators and assigns, to the benefit of the security or securities so assigned or transferred; and the form of such assignment or transfer shall be in the words or to the effect following; (that is to say)

"I [or, We]

"

being entitled to the sum of

"payable with interest, after the rate of payable to me '[or, us] my [or our] executors, administrators or assigns, by virtue "of a mortgage or assignment, bearing date the

66

under the hands and seals of

day of the "trustees acting in execution of an act, passed in the fifty-seventh year "of the reign of King George the Third, intitled, An Act [here set "forth the title of this act] upon the credit, or arising out of the rates "or assessments arising by the said act, do hereby transfer all my [or, our] right and title in and to the same, and the money now due "and to grow due thereon, unto his executors, adminis"trators and assigns, subject to such right of redemption of the same "sum and interest, as by the said act the same is liable or made "subject to. Dated this

day of

in the

57 Geo. III.

c. 21.

Form of Transfer.

&c. to be entered in a Book.

year one thousand eight hundred and XXXI. And be it further enacted, That copies of all such grants, assign- Copies of Grants, ments, or securities which shall be made in pursuance of this act, shall be entered in a book or books to be kept for that purpose, by the clerk to the said trustees, or by such other person as the said trustees shall appoint, which book or books any person interested shall at all seasonable times have access to, and free liberty to inspect without fee or reward; and for the entry of every such grant, assignment or security, there shall be paid to the said clerk or person the sum of five shillings, and no more; and after such entry made every such transfer shall entitle the person or persons to whom the same shall be made, and his her and their respective executors, administrators, and assigns, to the benefit of the security thereby transferred, and the person or persons to whom such grant, assignment, or transfer shall be made, shall be creditors on the said rates in equal degree one with another, and shall have no preference in respect of the priority of advancing any such money.

XXXII. Provided always, and be it further enacted, That every grant, assignment or mortgage, which shall be made by virtue of this act for any sum of money which shall be borrowed by the said trustees on the credit of the said rates or assessments as herein before is mentioned, shall be made liable or subject to, and may be redeemed by the said trustees at such times and in such manner as the said trustees shall think fit, six calendar months previous notice having been given to the person or persons entitled to such sum lent on the credit of such rates or assessments by the said trustees, of their intention of redeeming the same, and full payment of the principal sum so borrowed, and interest after the rate at which the same shall be so borrowed being made to such person or persons, and he, she or they may and are authorized to call for the payment thereof as he, she or they shall think fit, giving the like notice to the said trustees or their clerk.

XXXIII. And be it further enacted, That in case the interest for the said mortgages, or any part thereof, shall be behind and unpaid by the space of thirty days next after the same shall become due and be payable as aforesaid, and have been demanded, then it shall be lawful for the said trustees, and they are hereby required, on application to them made by any creditor or creditors whose interest shall be so in arrear, by an order under their hands and seals, to appoint one or more person or persons to receive the whole or any part or parts of the said rates or assessments, and that the money so to be received by such person or persons, shall be so received to and for the use and benefit of the person or persons to whom such interest in arrear shall be due, and shall be paid to him, her or them accordingly; and when the interest so in arrear, as well as the interest which shall accrue and grow due whilst the person or persons so to be appointed as aforesaid shall be in the receipt of such rates and assessments, together with the costs and charges of recovering, receiving and paying over the same in manner aforesaid, shall be fully satisfied and paid, the power and authority of such receiver or receivers for the purposes aforesaid shall cease and be at an end; or otherwise, if such creditor shall think proper, such interest so due and in

Mortgages may be redeemed by

the Trustees.

Interest of Mortgages how to be recovered.

57 Geo. III. c. 21.

a Sexton.

arrear as aforesaid shall and may be sued for and recovered from the said trustees by him her or them, with costs of suit, by an action of debt, or on the case, in any of His Majesty's Courts of Record at Westminster.

XXXIV. And be it further enacted, That from and after the passing of Power to appoint this act, it shall be lawful for the parishioners at large of the said parish, at a vestry meeting, to be called for that purpose by the churchwardens for the time being of the said parish, to nominate and appoint some fit and proper person to be sexton of the said parish, and who shall be willing to accept the said office; and that such person so to be elected sexton as aforesaid shall and he is hereby required to perform the said office of sexton, and shall receive as a remuneration for his trouble the sum of ten pounds yearly (over and above the sum of two shillings for the funeral of a person above twelve years of age, and one shilling for the funeral of a person under that age, to be paid to him on each funeral by such person or persons as shall pay or be liable to pay the usual funeral fees,) such annual sum to be paid to him on the first day of April and the first day of November in every year, by equal portions, by the churchwardens and overseers of the said parish for the time being, out of the monies arising from the usual annual church rates and assessments laid upon the inhabitants of the said parish: Provided always, that it shall be lawful for the said vicar, curate, and churchwardens for the time being of the said parish, and they are bereby required and empowered to dismiss the said person so to be appointed sexton as aforesaid, whenever they shall deem such person shall, on account of incapacity, neglect, refusal to act, or other improper conduct, be no longer fit to hold the said office of sexton; and upon such dismissal, or upon the death, neglect, or refusal to act of any sexton, to call a vestry meeting for the purpose of electing another fit and proper person to act as sexton in the room or stead of the person so dismissed, dead, or who shall have neglected or refused to act as aforesaid.

Fees for Vaults and Graves of Non-Parishioners.

The same Fees to be paid for Burials in the New Ground as are now paid in the present Church yard.

Expence of making Vaults, how and by

whom to be defrayed.

XXXV. And be it further enacted, That there shall be paid to the churchwardens for the time being of the said parish, for the ground occupied by the grave of each person dying out of the parish, if a non-parishioner of the same (but not otherwise,) the sum of seven shillings and sixpence: and for every vault made by a non-parishioner in such old or new burial ground of the said parish, after the rate of five shillings for every square foot of the ground covered by such vault; and one half of the total sum to be paid for such purpose is hereby directed and required to be paid by the said churchwardens to the vicar for the time being of the said parish; and for every vault made by an inhabitant of the said parish in the said old or new burial ground, after the rate of two shillings and sixpence for every square foot of the ground covered by such vault, and one half of the total sum to be paid for such purpose is hereby directed and required to be paid by the said churchwardens to the vicar for the time being,

XXXVI. And be it further enacted, That the vicar or curate for the time being of the said parish of Sculcoates shall be entitled to and receive, in respect of such new burying ground, all such fees, dues and emoluments as are or hereafter shall be payable and by law apertain or are incident to the office of vicar or curate of the said parish for burials in the present church yard of the said parish, except as herein before mentioned with respect to the making of new vaults.

XXXVII. And be it further enacted, That in every case where a person shall obtain consent to erect and build a vault either in the present burial ground of the said parish, or in the ground to be purchased in pursuance of this act, such person or persons shall make and dig such vault at his, her, or their own expence, and at the like expence shall take, lead, and carry away the mould, soil, earth or rubbish which may be thrown up from the excavation to be made, so that the same shall not nor do remain in either the present burial ground of the said parish, or in such ground to be purchased as aforesaid, for any longer time than may be necessary for carrying or leading away the same; and in case such person or persons shall neglect or refuse to take, lead, and carry away the same, for the space of ten days after notice in writing for that purpose given to him her or them by either of the churchwardens of the said parish for the time being, such person or persons shall forfeit and pay any such sum not exceeding forty shillings for every day the same shall continue after such notice.