An Act for Building a Church or Chapel of Ease in the Parish of Huddersfield (1816)

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ANNO QUINQUAGESIMO SEXTO

Il. REGIS.

BER AH IEA HIE HER EAE HER HEE REE HEHE HEHE HEE HEHE HEHE EH HER HERE AEH EEE AEH AE HEH TM

Cap. xl.

An A@ for building a Church or Chapel of Eafe, in the Parifh of Huddersfield, in the Weft Riding of the County of [31ft May

JHEREAS the Inhabitants of the Townfhip cf Huddersfield, in ' the Parifh of Huddersfield, in the Weft Riding of the County

of York, have of late Years confiderably increafed in Number, and are likely to continue to do fo, the prefent Population of that Town- fhip confifting of ‘fen thoufand five hundred Inhabitants: And whereas the Church of the faid Parifh, fituate in the Town of Huddersfield, con- tains Seats for only about One thoufand four hundred Perfons, and is therefore very inadequate to the Accommodation of the faid Inhabitants, and there being no other Place for the Performance of Divine Worfhip, according to the Rites and Ulage of the Church of England, within ‘lwo Miles Diftance from the faid Church, it would be of great Benefit and Utility to the faid Inhabitants, and to the other Inhabitants of the faid Parifh, if a Church or Chapel of Eafe, for the Celebration of Divine Worthip, according to the Rites and Ufage of the Church of’ England, were erected within fome Diftance, not exceeding Half a Mile, of the faid Town of Huddersfield; And whereas the faid Parith Church is in the Dio- cefe of York, and Sir John Ramfden of Byram in tne County of Baronet, is Patron of the Vicarage of the faid Parifh Church, and the Reverend John Coates is the prefent Vicar thereof: Aud whereas Benjamin Haigh Allen of Greenhead in the faid Parith of Huddersfield, Efquire, with the Privity and Confeut of the moft. Reverend Edward Archbithop of York, [ Local. } ga and

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826

Mr, Allen may con- tract for the Purchafe of Land, ete,

Bodies Poli- tic, etc. em- powered to fell and con- vey.

s6°GEORGII I. Cap.sxl.

and the faid John Coates is defirous, at his own Expence, to purchafe a Piece of Land fituate within Half-a Mile of the faid Town of Huddersfekt and to ereét on Part thereof a Church or Chapel of Eafe for the Celebra- tion of Divine Worfhip, according to the Rites and Ufage of the Church of England, and to apply the remaining Part for the Purpofes of a Ceme- tery or Burial Ground, and to fecure a fuitable Provifion for the Miniter of the faid Church or Chapel of Eafe: But inalmuch as the Defire of the Said Benjamin Haigh Allen cannot be effectuated without the Aid and Autho- rity of Parliament: Vherefore Your Majefty’s moft dutiful and loyal Subject, the faid Benjamin Haigh Allen, doth mof humbly befeech Your Majefty that it may be enacted; and be it enacted by the King’s moft Ex. cellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That it fhall and may be lawful to and for the faid Benjamin Haigh Allen, and he is hereby empowered, as foon as conveniently may be, after the paffing of this Act, to contract and agree for the abfolute Purchafe of any Lands, Venements, or Hereditaments, within the faid Parith of Huddersfeld, and within Half a Mile of the faid Town of Huddersfield, Two Acres in the Whole, with any Body Politic, Corporate,’ or Collegiate, or any Tenant or ‘Yenants for Life, or in Fee Tail, General or Special, or for any Term or Terms for Years abfolute or determinable on any Life or Lives, or with any Feoffees in Truft, Executors, Adminiftrators, Hufbands, Guardians, Committees for Lunatics and Idiots, or other Truftees whomfoever, not only for and on Behalf of themfelves, their Heirs and Succeflors, but alfo for and on Behalf of their Ceftuique Trufts, whether Infants or lflue unborn, Luna- tics, Idiots, or Femes Covert, who are or (hall be feifed, poffefled of, or interefted in their own Right, or with any Perfon or Perfons whomfoever who fhall be willing to fell any Lands, Tenements, or Hereditaments, for the Purpofe of building and erecting thereon a Church or Chapel of Eafe, with fuitable Buildings and Conveniencies thereto, and of laying out a competent Part thereof (being not lefs than One Acre, exclufive of the Site of ‘the faid Church or Chapel of Eafe), for the Purpofes of a Ceme- tery or Burial-Ground for the fame, and of making any Roads or Approaches to the faid Church or Chapel of Eafe, Cemetery, or. Burial Ground; and it fhall and may. be lawful to and -for the faid Benjamin. Haigh Allen, his Heirs and Atligns, to hold fuch Lands, ‘Tenements, and. Hereditaments fo purchafed, without incuring or being fubjeét to any of the Penalties or Forfeitures of the Statutes ot Mortmain, or of any other. Law or Statute whatfoever to the contrary thereof in anywife notwith-

flanding.

_ IJ. And be it further enagted, That it fhall and may be lawful to and for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, and all Tenants for Life, orin Fee Tail, General or Special, or for any ‘Term or Terms of Years abfolute or determinable on any Life or Lives, and all Feoffees in Truft, Executors, Adminiftrators, Hufbands, Guardians, Committees for Lunatics and Idiots, and other Truftees whom- foever, not only for and on Behalf of themfelyes, their Heirs and Succeflorss but alfo for and on Behalf of their Ceftuique Trufts, whether Infants or, Ifue unborn, Lunatics, Idiots, or Femes Covert, who are or fhall.be feifed or poffeffed of, or in uheir own Right, and all and every Perfon,

and Perfons whomfoever. whe are or {hall be feifed, pofleffed of, or interefted in

lI

Page 3

Ill. . Cap.xl.

in any Lands, Tenements or Hereditaments,: or any Part thereof, which fhall be thought neceffary by the faid Benjamin Haigh Allen to be purchafed for the Purpofe of building and ereéting .the faid Church or Chapel of Eafe, and other Conveniencies, ‘and for other the Purpofes of this Ad, to treat, contract, and agree with the faid Benyumin Haigh Allen for the Sale thereof, or of any Part thereof, and to fell and convey all or any Part thereof, and all Eftate, Right, Title, and Intereft whatfoever, of, in, and to the fame, to the faid Benjamin Haigh Allen, for the Purpofes of this Act; and all Contracts, Agreements, Bargains, Sales, and Convey- ances, which fhall be made by virtue and in purfuance of this At, fhall, without any Fine or Fines, Recovery or Recoveries, or other Conveyances or Aflurances in the Law whatfoever, be good, valid, and effe@ual, to all Intents and Purpofes, not only to convey the Eftate and Intereft of the Perfon and Perfons conveying, but alfo to convey all Right, Fitate, Intereft, Ufe, Property, Claim, and Demand whatfoever, of their faid feveral and refpective Celtuique Trufts, and all Perfons whomfoever, claiming or to claim by, from, or under them, and of all Perfons entitled in Remainder or Reverfion, ¢xpectant on any fuch particular Eftate; and the fame fhall be deemed and confidered to bar the Dower and Dowers of fuch Perfon and Perfons; and all Eftates Tail, and other Eftates in Poffeflion, Rever- fion, Remainder, or Expectancy, any Law, Statute, or Ufage, or any other Matter or Thing whatfoever to the contrary thereof: in anywife notwith- ftanding ; and all Bodies Politic, Corporate, or Collegiate, ‘Corporations Aggregate or Sole, and all Tenants for Life, or in Fee Tail, General or Special, or for any Term or Terms of Years abfolute or determinable on any Life orLives, and all Feoffees in Truft, Executors, Adminiftrators, Hafbands, Guardians, Committees, Trultees, and all other Perfons, are and fhall be hereby indemnified for what they fhall do by virtue and in purfuance of this Act. I ft

Tl. And be-it further enacted, That if any Money fhall be paid, or agreed to be paid for the Purchafe of any Lands, Tenements, or Heredita- ments,’ purchafed, taken, or ufed by virtue’ of the Powers of this A& for the Purpofes thereof, which fhall belong to any Body or Bodies Politic, Corporaté, or Collegiate, or Corporation Aggregate or Sole, or any Tenant or Tenants for Life, or in Fee Tail, General or Special, or fot any Term or Terms of Years abfolute or determinable:on -any Life ot Lives, or to any Feoffee in ‘lruft, Executor, Adminiftratér, Hufband, Guardian, Com- other Truftee,; for or on Behalf of any Infant, Idiot, Lunatic, Feme:Covert; or other Ceftuique Truft,or any Perfon-whofe Lands, Tene- ments, or Hereditaments are limited in {tri€& or other Settlement, or to any Perfon under any other Difability or Incapacity whatfoever, fuch Money fhall,' in cafe the fame fhall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to. be placed to his Account there, ex parte -the faid Benjamin Haigh Allen, for executing this A&, to the Intent that fuch Mo- ney fhall be applied under the Direttion and with the Approbation of the faid: Court, tobe fignified .by an Order made upon a Petition to be pre- ferred in a fummary Way by the Perfon or Perfons who‘ would*have been entitled: to the Rents and Profits of fuch Lands, 'Teneniehits,’ dr Herédita- in the Purchafe or Redemption of the Latid“Tax, or Difcharge of any Debt or Debts, or fuch other Incumbrance or ‘Part thereof as ne . al

Apolication of Purcha‘e Money, if amounting to aco).

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828

When lefs than 2col. and not lefs than zol,

Tf lefs than 201,

s6°>GEORGII Il. Cap.xl.

faid Court fhall authorize to be paid, affecting the faid Lands, Tenements, or Hereditaments, or affeCting other Lands, Tenements, or Hereditaments, ftanding fettled to the faine or the like Ufes, Intents, or Purpoles ; or where fuch Money fhall not be fo applied, then the fame hall be laid out and invefted, under and with the like Direction and Approbation of the faid Court, in the Purchafe of other Lands, ‘Tenements, and Flereditaments, which fhall be conveyed and fettled to, for, and upon fuch and the like Ufes, Trufts, Intents, and Purpofes, and in the fame Manner as the Lands, Tenements, or Hereditaments, which fhall be fo purchafed, taken, or ufed as aforefaid, ftood fettled or limited, or fuch of them as at the Time of making fuch Conveyance and Settlement fhall be exilting unde- termined, and capable of taking Effect; and in the mean Time, and until fuch Purchafe fhall- be made, the faid Money fhall,.by order of the faid Court, upon Application made thereto, be invefted by the faid Account- ant General, in his Name, in the Purchafe of Three Pounds per Centum Confolidated, or Three Pounds per Gentum Reduced. Bank Annuities ; and in the meantime, and unl the faid Bank Annuities fhall. be ordered by the faid Court to be fold for the Purpofes aforefaid, the Dividends and an- nual Produce of the faid Confolidated or Reduced Bank Annuities {hall from Time to Time be paid, by order of the faid Court, to the Perfon or Perfons who would for the ‘lime being have been entitled to the Rents and Profits of the faid Lands, and Hereditaments, fo hereby directed to be purchafed by virtue of this Aét, and in cafe fuch Purchafe or Settlement were mace. I

IV. Provided always, and be it further enated, That if any Money fo agreed to be paid for any Lands, Tenements, or Hereditaments, to be purchafed, taken, or .ufed for the Purpoles aforefaid, and belonging to any Corperation, or to any Perfon or Perfons under. any Difability or In- capability as aforefaid, fhall be Jefs than the Sum of Two hundred Pounds, and fhall amount to or exceed the Sum of ‘'wenty Pounds, then, and in all fuch Cafes, the fame fhall, at the Option of the Perfon or Perfons for the Time being entitled to the Rents and Profits of. the Lands, Tenements, or Hereditaments fo purchafed, taken, or ufed, or of his, her, or their Guardian or Guardians, Committee or Committees, in cafe of Infancy, Idiotey, or Lunacy, to be fignified in Writing under their refpective Hands, be paid into the Bank of England, in the Name and with the Privity of the faid Accountant General of the High Court of Chancery, and be placed to his Account as aforefaid, in order to be applied in Manner herein-before directed; or otherwife the fame be paid at the like Opiion to Two Truftees to be nominated by the Perfon or Perfons making {uch Option, and approved of by the fatd Benjamin Haigh Allen, fuch Nomination and Approbation to be fignified in Writing under the Hands of the nominating and approving Parties, in order that fuch principal Money, and the Diwidends arifing thereon, may be applied in Manner here- in-betore directed, fo far as the Cafe be applicable, without cbtaining or bemg required to obtain the of the High Court of Chancery.

V. Provided alfo, and be it further enaéted, That where fuch Money fo azreed to be paid as next before mentioned -fhall.be lefs than Twenty Pounds, then, and in all fuch Cafes, the fame fhall be applied to the Ule of the Perfon or Perlons who would for the ‘Lime being have been entitled Loe to

Page 5

56°GEORGII Ill. Cap.xl.

‘to the Rents and Profits of the Lands,. Tenements, or Hereditaments, fo purchafed, taken, or ufed for the Purpofes of this A&, in fuch Manner as the faid Benjamin Haigh Allen fhall think fit; or in Cafe of Infanc Idiotcy, or Lunacy, then fuch Money. fball be paid to his; her, or their Guardian or Guardians, Committee or Committees, to and for the Ufe and Benefit of fuch Perfon or Perfons fo éntitled . -

VI. Provided always, and be it further enacted, That where any Quef-. tion fhall arife touching the Title of any Perfon to any Money: to be paid. into the Bank of Eng/and in the Name and with the Privity of the Account- ant General of the High Court of Chancery in purfuance of this A&, for the Purchafe of any Lands, Tenements, or Hereditaments to be purchafed in purfuance .of this A&, or to any Bank Annuities to be purchafed with any fuch Money, or to the Dividends or Intereft of any fuch Bank An-

Nuitics, the’ Perfon or Perfons who fhall have been in Poffeffion of fuch.

Lands, Tenements, or Hereditaments at the Time of fuch Purchafe, and all Perfons claiming under fuch Perfon or Perfons, fhall be deemed and taken to ‘have been lawfully entitled to fuch Lands, Tenements, or Here- ditaments according ‘to fuch Poffeffion, until the contrary fhall be fhewn ‘to the Satisfaction of the faid High Court of Chancery, and the Dividends or Intereft of the Bank Annuities to be purchafed with fuch Money, and alfo the Capital of fuch Bank Annuities, hall be paid, applied, and dif-

pofed of accordingly, unlefs it fhall be made appear to the faid Court. that:

{uch Poffeffion was a wrongful Poffeffion, and that fome other Perfon or Perfons was or were lawfully entitled to fuch Lands, Tenements, or Here- ditaments, or to fome Eftate or Intereft therein. I

_ VII. Provided alfo, and .be it further enacted, That where by Reafon of any Difability or Incapacity of the Perfon or Perfons or Corporation entitled to any Lands, Tenements, or Hereditaments to be purchafed under the ‘Authority of this Aét, the Purchafe Money for the fame thall be required to be paid into the High Court of Chancery, and to be applied in the Purchafe of other Lands,'l'enements, or Hereditaments, to be fettled to the like Ufes in purfuance of this Act, it fhall and may be lawful to and for the faid High Court of Chancery to order the Expences of all

Purchafes from Time to ‘Time to be made in purfuance of this Ad, or fo much of fuch Expences as the faid Court fhall deem reafonable, to be paid’

by the faid Benjamin Haigh Allen out, of the Monies ,to.be’-received ' by virtue of this A&, who’ fhall from Time. to Time pay fuch-Sums of Money

for fuch Purpofes as the faid Court fhall direét.

- WI. And be it further enacted, That upon Payment of the Money fo contracted or agreed to be paid for the Purchafe of fuch Lands, Tene- ments, or Hereditaments, by the ‘faid Benjamin Haigh Allen to the Party or Perfon:or Perfons refpeétively entitled to fuch Monies, or their Agents, or upon.Payment thereof unto the Bank.of England in Manner hereinbe- fore directed ; and upon the Conveyance of fuch Lands, Tenements, or Hereditaments; all the Eftate, Right, Title, Intereft, Ufe, Truft, Property,

829

To whom Morey fhall ‘be paid,

Court may order reafon- able Expences of Purchafes to be paid by Mr. Allen,

On Payment of Purchafe Money pre- mifes vefted in Mr, Allen

in fee.

Claim and Demand in Law or Equity, of the Party or Perfen-or Perfons —

whofe. Ule the fame fhall be paid into or out-of {uch Lands,

Tenements,: and .Hereditaments, {hall veft in the faid Benjamin Haigh .

Allen, his Heirs and Affigns, for ever, for effeQing the Ufes and Pur- poles of this Act. . 10 4 IX. And

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830 66° GEORGI! III. Cap.xl.

IX. And be it further enacted, That all Sales, Conveyances, and Affurances, of any Lands, ‘fenements, or Hereditaments, to be made to the faid Benjamin Haigh Allen and his Heirs, fhall be made in the follow. ing Form, or in fome Form to the following Effect, (that is to fay),

Form of Con- « I , of in Confideration veyatice. ¢ of the Sum of _ tome paid by Benjamin Haigh ‘ Allen, aéting by virtue of an Act paffed in the Fifty-fixth Year of the ‘ Reign of King George the Third, intituled [here fet forth the Title of this AG} do hereby grant and releafe to the faid Beryamin Haigh Allen, his ¢ Heirs and Affigns, all [here deferibe the Premifes to be conveyed,| and ¢ all my Right, Title, and Intereft, in and to the fame, and every Part ‘ thereof, to hold to the faid Benjamin Haigh Allen, his Weirs and Affigns, ‘ for ever. In witnefs whereof I have hereunto fet my Hand and Seal this Day of » In the Year of

our Lord ,

And every fuch Sale, Conveyance, and Affurance fo made fhall be good, valid, and effeétual, to all Intents and Purpofes whatfoever, as to. and againft the Perfon or Perfons making the fame, and his, her, or their Ceftuique Tufts; and all Perfons claiming or to claim by, from, under, or in truft for him, her, or them refpectively, or in Remainder, Reverfion, or Expectancy as aforefaid ; and the fame fhall be deemed and conftrued to bar the Dower and Dowers of the Wife and Wives of fuch Perfon and Perfons; and all Eftates Tail, and other Eftates in Poffeflion, Reverfion, Remainder, or Expectancy, and the Iffue and Iffues of fuch Perfon and Perfons claiming under them as effectually as Fines.and Common Reco. veries would do if levied or fuffered by the proper Parties in due Form of Law, any Law, Statute, Ufage, or Cuftom to the. contrary notwith{tanding.

Mr Allen to XX. And be it further enatted, That it fhall be lawful for the faid Church, Haigh Allen, his Heirs and Affigns, and he or they are hereby authorized and empowered and required to erect and build on the faid Land fo to be purchafed, in a fubftantial and Workman-like Manner, a Church or Chapel of Eafe with a Chancel and Steeple, which together fhall contain or .cover Forty-two Yards in Length or thereabouts, and Twenty Yards in Breadth or thereabouts ; and therein to make, erett, and fet up proper Pews, Seats, a Veltry, and a Bell or Bells, and (if the fame fhall be found needful) a Gallery or Galleries, with proper Pews and Seats therein, and to provide proper Communion Plate, Ornaments, and other Requifites and Conveniencies, and in all Things to finifh and com- plete the faid Church or Chapel of Eafe in a proper, decent, and commo- dious Manner, fit for the Performance of Divine Worfhip therein according to the Rites and Ceremonies of the Church of England; and allo, if he or they fhall think proper, to caufe Vaults to be made under the Floor of the faid Church or Chapel of Eafe, for the Interment of the Dead.

Church when XI, And be it further enaéted, That the faid Church or Chapel of compicied (© Kafe, when fo built and completed, fhall be fet apart and dedicated to the crated, and etvice of Almighty God as a Place of Divine Worthip for ever, and tobe a Per= fhall be confecrated according to the Ufage of the Church of England; petual Cure, and fuch Church or Chapel of Eafe, from and immediately after the

4 Confecration

Page 7

s6° GEORGII Ill. Cup.xl,

‘Confecration and Dedication thereof, fhall and is hereby declared to be a Perpetual Cure and Benefice, and fhall be called by the Name of ‘Trinity Church or Chapel in Huddersfield for ever. I And be it further enacted, That after the Confecration of the faid. Church or Chapel of Eafe, it fhall and may be lawful to perform within the faid Church or Chapel of Eafe the following Offices of the Church of England, videlicet, Public Baptifm, Baptifm of fuch as are of riper Years, Confirmation, Burial of the Dead, and Churching of Women, but not to publifh the Banns of Marriage, or folemnize any Marriage therein. I

XII. And be it further That immediately after the faid Church or Chapel of Eafe fhall have been confecrated, the perpetual Advowfon, Right of Patronage, Free Dilpofition, Nomination, and Prefentation of, in, and to the faid Church or Chapel of Eafe, fhall for ever thereafter appertain to, and, the fame is and are hereby vefted in the faid Ben- jamin Haigh Allen, his Heirs and Afligns, for ever, freed and abfolutely difcharged of all Eftates, Rights, and Interefts, of the faid John Coates and: his Suceeffors for the Time being, Vicar of the Parifh Church of Huddersfield aforefaid, and all Perfon or Perfons claiming under him, them, or any of them.

: XIV. And, for keeping of the faid Church or Chapel of at all Times hereafter an entire and diftin€& Cure and Benefice from the Parifh Church of Huddersfield aforefaid, be it further enacted, That jt fhall not be lawful for the Vicar for the Time being of the Parifh Church of Hud- dersfield eforefaid, or any other Perfon holding any Curacy or Lecturethip within the faid Parith of Huddersfield, to be Minifter of the faid Church or Chapel of Eafe. I

XV, And be it further enaGled, That for and towards the Support and Maintenance of the Minifter of the faid Church or Chapel of Eafe, the faid Benjamin Haigh Allen, his Executors .and Adminiftrators, fhatl, pre- vious to the Confecration thereof, purchafe and transfer the Sum of Three thoufand three hundred and Pounds Six fhillings and Eig hte pence, in the Three Pounds per Centum Confolidated Bank Annuities, tnto the Names of the Moft Reverend the Archbithop of York, the Very Reverend the Archdeacon of York, and the Reverend the Vicar of Huddersfield aforelaid, refpeCtively for the Time being, who fhall pay the for ever to the Minifter for the Time ‘being of the faid Church or Chapel of Eafe; and in cafe of the Death of any fuch Minifter before the Half-yearly Day of Payment of the faid Dividends, fhall pay unto the Fxecutors or Adminiftrators of the deceafed Minifter a propor- fionate Part of the faid Dividends from the Half-yearly Day of Payment preceding his Death to the. Time of his Death, and fhall pay to the ceeding Minifter the Refidue of the faid laft mentioned Dividends: Provided always, that. upon the Death of. any of them, the faid Arch- bifhop, Archdeacon,. an “Vicar, or any futnre Archbifhop, Archdeacon,

re

_or Vicar, into whofe Name the faid Bank Annuities may be ‘transferred in

purfuance hereof, the Suryivots fhall transfer the faid Bank Annuities into } 1, or Vicar who

‘the Names of yhemfelves, and the Archdeat tho

831

Baptifns,ete, to be perform- ed, but n't any Marriage folemnized in the

Patronage vefted in Mr, Allenin fee.

New Chureh to bea fepa- rate Cure.

Provifion. for the Minifter,

Page 8

832

Minifter's Duty.

Sittings to be appropriated for 500 Poor.

36°GEORGII Ill. Czp.xl. fhall fupply the Dignity or Place of the deceafed Archbifhop, Archdeacon,

or Vicar.

XVI. And be it further enaéed, That the Minifter of the faid Church or Chapel of Eafe fhall every Sumday Morning and Evening read-or caufe to be read therein the Prayers prefcribed in the Book of Common-prayer or Public Liturgy of the Church of and fhall alfo every Sunday Morning and Evening, and on every Chri/tmas-day and Good friday, and

on all occafional public Feafts and Feftivals, in the Morning, after Divine

Service is performed, preach or caufe to be preached a Sermon in the faid Church or Chapel of Eafe, and fhall, at leaft Eight ‘Times in the Year, adminifter the Holy Sacrament of the Lord’s Supper; namely, on Good Friday, Eafter Sunday, Whitfunday, and Chrifimas-day; and on {uch other Four Sundays as he fhall appoint, fo that the Space of Time between {uch Adminiftration of the Holy Sacrament of the Lord’s Supper may be as nearly equal as may conveniently be.

XVII. And be it further enacted, That the faid Benjamin Haigh Allen, his Heirs and Affigns, fhall, and he and they are hereby required, imme. ' diately before the Confecration of the faid Church or Chapel of Eafe to fet apart and appropriate in the faid Church or Chapel of Eafe fuch a Number of Sittings for the Gratuitous Accommodation of the Poor of the Parith of Huddersfield aforefaid, for the ‘Time being, as be fufficient

to accommodate not lefs than Five hundred of fuch Poor ; which Sittings,

Pews, Seats, and Vaults to be vefted in Mr. Allen

in fee,

Pews to be numbered and valued,

Mr. Allen may difpofe of One-fifth Part of the Burial- ground.

after the Confecration of the faid Church or Chapel of Eafe, are hereby velted in the Minifter and Church or Chapel-warden, for the Time being, of the faid Church or Chapel of Eafe.

XVIII. And be it further enacted, That all the Pews and Seats, and the Gallery or Galleries in the faid Church or Chapel of Eafe, (fave and except fuch Sittings as fhall be fo fet apart and appropriated for the Poor of the Parifh of Huddersfield aforefaid) and all the Vaults (if any) under the faid Church or Chapel of Eafe, with their Appurtenances,. fhall be and the fame are hereby vefted in the faid Benjamin Haigh sllen, his Heirs and Affigns, for ever.

XIX, And be it further enaéed, That all the Pews and Seats to be ereCted and fet up in the faid Church or Chapel of Eafe, and in the Gallery or Galleries thereof (fave and except fuch Sittings as fhall be fo fet apart and appropriated for the Poor of the Parith of Huddersfield afore- faid) fhall be marked with and diftinguifhed by different Numbers or Figures to be carved or painted on the Door of each Pew and Seat refpec- tively ; and all the Pews and Seats in the faid Church or Chapel of Eafe (except as aforefaid) fhall be fairly valued immediately after the Confe- cration of the faid Church or Chapel of Eafe; which Valuation {hall at all Times hereafter be referred to and abided by in any Rate to be made in purfuance of this AQ. _ I

XX. And be it further ‘That it fhall and may be lawful to and for the faid Benjamin Haigh Allen, his Heirs and Affigns, and he and they are hereby authorized and empowered, to fell and difpofe of (in fuch Proportions as he or they fhall think fit) One-fifth Part of the faid Ceme- tery or Burial Ground, fo that the fame be made ule of as Vaults or Places

Page 9

56°GEORGIL Il. 833

Places of Interment for the Dead ;: the Price or Prices to be paid for the fame to be regulated by the Archbifhop of York, Time being, by Writing under his Hand: Provided always, that no more than the {aid One-fifth Part of the faid Cemetery or Burial Ground fhall be fold and appropriated for the Purpofe aforefaid, and that the Remainder of the faid Cemetery or Burial Ground fhall be taken and confidered as the Burial I Ground for the Inhabitants of Huddersfield, Mar/h, Linley, and Fartown.

XXI. And be it further enacted, That no Graves or Burial Places be No Burial made within the Walls of the faid Church or Chapel of Eafe, but only thie in the faid Cemetery or Burial Ground, and in the Vaults under the faid the Church. Church or Chapel of Mafe (if any Vaults fhall be made); in which Vaults, or any of them, no Corpfe or dead Body fhall be depofited or buried without a Coffin made of Lead,: or otherwife inclofed in Pitch of Half an Inch in Thicknefs, between an interior and exterior Coffin of Wood, and in no Cafe fhall the Pews or Seats be taken up or removed, for the Pur- pofes of burying the dead; nor fhall any Grave be made inthe faid Cemetery or Burial Ground, within Four Feet of the Walls of the faid Church or Chapel of Eafe.

XXII. Provided always, and be it further enacted, That notwithftanding Mr. Alten any Thing herein-before contained, it fhalland may be lawful to and for the Pavfonage faid Benjamin Haigh Allen, his Heirs and Affigns, to ere&t and build on the Houfe, Lands, Tenements, and Hereditaments to be purchafed by the faid Benjqmin School-houfe Haigh Allen, for the Purpofes aforefaid, a Houfe for the Refidence of the ° Room Minifter of the faid Church or Chapel of Eafe, and a School Houfe or Room: Provided, that not lefs than One Acre of the faid Lands, Tene- ments, and Flereditaments, exclufive of the Site of the faid Church or Chapel of Eafe, fhall at all Times hereafter remain to be made ufe of asa

Cemetery or Burial Ground.

XXIII. And be it further enacted, That all Chriftenings and Burials All Chriften- folemnized within the faid Church or Chapel of Eafe thall be regiftered in ings and Bue Public Regifters, to be provided and kept for that Purpofe ; which Regif- 7 Sheed, ters fhall be received in all Courts of Law and Equity as Evidence of fuch "© Chriftenings and Burials, and fhall be fubject to all the Laws and Statutes now enaéted: and in force, or hereafter to be enaéted and in force, cons cerning the Regifters of Chriftenings and Burials,

XXIV. ‘And ‘jin order that the Ereéting the faid Church or Chapel of Double F At Eafé may not prejudice the Vicar of the faid Parifh Church of Huddersfield tenings, &c. aforefaid for the Time being, or leffen his Revenues, be it further enacted, to be paid That there fhall be paid to the Minifter of the faid Church or Chapel of to the Vicar Eafe, for every Burial, and for every Churching ofa Woman, which may of Hudders- be performed in the faid Church or Chapel of Eafe, Double the Fees which are actually and of Right ought to be paid for the Performance of fuch Services refpedtively at the Parifh Church of Huddersfield aforefaid ; and that the Minifter of the faid Church or Chapel of Eafe. fhall, from Time to Time, colleé and receive all fuch Double Fees, and.fhall keep an Account thereof, which fhall be open to the Infpedtion of the Vicar of the faid Parith ‘of Huddersfield, and fhall account for and pay by Two. I equal Half-yearly Payments in every Year; videlicet, on the-Firlt Monday after Chrifimassday Day, One Moiety ox Half Part thereot

a” }

Page 10

534

This A& not to make a new Parith, or alter any

Tithes, &c.

Lecturer may be ap- ‘pointed.

56°GEORGII Wl. Cap.xi. to the Vicar of the faid Parifh of Huddersfield for the Time being, or his Agent appointed by lim in that Behalf; the Firft of the faid Payments to

be made on fuch of the faid Days as fhall happen next after the Con.- fecration of the faid Church or Chapel of Eafe ; and in cafe of Non-pay.

-ment within Fourteen Days next after any of the faid Half yearly Days,

fuch Moiety or Half Part of all fuch Fees fhall and may be fued for and recovered from the faid Minifter of the faid Church or Chapel of Ealé,

with full Cofts of Suit, by the Vicar of the faid Parifh for the Time being,

in the fame Manner and by the fame Ways and Means as any Surplice Fees, due and payable at the Parifh Church of Huddersfield aforefaid, can or may

be recovered, or by Action of Debt, or on the Cale, in any of His Majefty’s ‘Courts of Record at Wefiminfler. ‘

XXV. Provided always, That nothing in this A& contained fhall extend or be conftrued to extend to the making of any new Parifh, or the alter. ing of any Rights or Privileges belonging to the faid Vicar of the faid Parifh, or of any Tithes, or any other Ecclefiaftical Dues or Payments, or any Rates, Affeflments, or other Payments whatfoever, due to the Vicar of the Parifh Church of Huddersfield aforefaid; or fhall prejudice,

impeach, or defeat the Right, Title, Intereft, Claim, or Demand of the

faid Vicar of, in, or to any Tithes, Offerings, Oblations, Obventions, or other Ecclefiaftical Rights, Dues, Benefits, or Advantages, arifing ‘within the fame Parifh, and belonging to the faid Vicar or his Succeffors (ave the Right of Nomination to the faid Church or Chapel of Eafe, as +herein-before provided) ; but the fame fhall remain and belong to the faid Vicar and his Succeflors, and fhall be paid and payable to him and them in the fame Manner as they would or ought to have been in cafe this A@ had not been made.

XXVI. And be it further enacted, That if at any Time hereafter the Proprietors and Renters of Pews in the faid Church or Chapel of Eafe, or the major Part of them, aflembled at a Public Meeting, convened by

Notice affixed to the principal Door of the faid Church or Chapel of Eafe, at leaft Ten Days before fuch Meeting, fhall be willing and defirous to

have a appointed, to read Prayers and preach a Sermon in the

faid Church or Chapel of Eafe, every Sunday, in Addition to the Duty

herein-before provided to be done by the Minifter of the faid Church or Chapel of Eafe, and fhall be alfo willing to fubfcribe a fufficient annual

Sum to remunerate fuch Le€turer, and of fuch their Intention fhall give

‘Minifter of

theChurch or nifter of the faid Church or Chapel of Eafe for the Time heing ‘to ap- 6

Notice in Writing to the faid Benjamin Haigh Allen, his Heirs or Affigns, being the Patron for the Time being of the faid Church or Chapel of Eafe ; then, and im every fuch Cafe it fhall be lawful for the faid Benjamin Haigh Allen, his Heirs or Afligns, being the Patron for the Time being of the faid Church or Chapel of Eafe, if he or they {hall fee fit, to engage the Minifter of the faid Church or Chapel of Eafe, or any other Perfon duly qualified by Law, to be fuch Lecturer for the Purpofes aforefaid and that every fuch fo engaged (fuch Lecturer, other than the Minifter of the faid Church or Chapel of Eafe, being duly licenfed rhere- to by the Archbifhop of York for the Time being) fhall have the Ufe of

the daid Church or Chapel of Eafe, and the Pulpit therein, and the Books

thereof, I ; _~ And be it further-ena&ed, That it.thall be lawful for the Mit point

Page 11

s6°GEORGII Ill. Cap.x. ‘point a proper Perfon to the Office of Church or Chapel-warden, fuch Perfon to be appointed Church or Chapel-warden being a Proprictor of One or more Pew or Pews in the faid Church or Chapel of Eafe; and alfo to appoint proper Perfons to the Offices of Queftman or Sidefinan, Clerk, and Sexton, and of Organift, if any Organ fhall be fet wp in the faid Church or Chapel of Eafe; and to fuch other Offices and Places as he fhall think proper; and from Time to Time to remove or difplace any fuch Officer or Officers, and appoint others in their Stead, or in the Stead

of fuch of them as fhall die, or decline, or become incapable to perform their Offices refpectively.

XXVIII. Provided always, and it is hereby declared, That the Church ‘or Chapel-warden, Queftman or Sidefman, Clerk, and Sexton, to be ap pointed as aforefaid, fhall be fubjet and liable to the Ecclefiattical Jurifdiction, in the fame Manner as the Church-wardens, Queftmen, or Sidefmen, Clerk, and Sexton of the Parifh Church of Huddersfield afore- faid, are fubje&t and liable to; and that the faid Church, or Chapel of Eafe, its Minifter and Leéturer, and alfo the Church or Chapel-warden thereof, fhall be under and to the ordinary Jurifdiction of the Archbifhop of York for the Time being, and fhall be vifited in fuch ‘Manner as other Churches within the Diocefe of York are vifited.

_ XXIX. And be it further enaéted, That the Perfon fo appointed to the faid Office of Church or Chapel-watden, of the faid Church or Chapel of Eafe, as aforefaid, fhall and may, and is hereby authorized and required to make and affefs, or caufe to be made and affeffed, a Rate fufficient to an{wer and pay the Expences herein-after mentioned, upon the Proprietors of fuch Pews or Seats in the faid Church or Chapel as fhall not be let or demifed, and upon the Renters of fuch Pews or Seats as fhall be let or demifed, in equal Degrees, in Proportion to the Value of fuch Pew or Seat refpectively, as afcertained in the Manner herein-before dire€ted, and to and receive evéry fuch Rate from fuch Proprietors and Renters 3 and in Cafe any fuch Proprietor or Renter, his, her, or their Heirs, Executors, or Adminiftrators, fhall at any Time or Times negleét or refufe to pay the Rate fo made and affeffed on him or her refpedtively, it fhall be lawful for the faid Church or Chapel-warden to ufé fuch Means for the Recovery of every fuch Rate, as by the Laws and Statutes of the Realm are provided for compelling the Payment of Affeflments for the Repairs of Churches; and that the faid Chutch or Chapel-warden fhall, and fs hereby tequired, by atid out of the Monies arifing by fuch Rates, to find and provide Bread and Wine for the Holy Communion, and Books and Surplices for the Minifter, and to keep the Windows of fuch Church or Chapel of Eafe whole and in good Repair, and alfo the Infide of the faid

835 Chapel to ap-

point to the ces,

Certain Offi.

- cersto be

fubjedt to Fcelefiaftical Jurifdiction, etc»

den to make a Rate. j

Power for Recovery of

ate.

Application of thch Rates

Church or Chapel of Eafe, at all Times, in a clean, neat, and decent - State, fuitable for the folemn Celebration of Divine Worthip therein ; . arid alfo to defray any Expence that may be incurred relative to the

Sum of Three thoufand three handréed and thitty-thrée Pounds Six lings and Eight-pence, Three Pounds pér Ceatum Confolidated Bank An- nuities to be purchafed and transferred as aforefaid, or the Three Pounds er Centum Reduced Bank Annuities, to be purchafed with the Sum’ of hundred Pounds and theit Accumulations, and the Land to be purs chafed' with Part thereof refpettively heréin-after mentioned ; in confequencé the Deaths of any of them, the Archbifhop of York; the Archdeacon

of

Page 12

836 s6°>GEORGII Ill. Cup.xl.

of the Weft Riding of the County of York, and the Vicar of Huddersfeld aforefaid refpectively, for the Time being, and alfo all other Expences incidental to the Purpofes herein-before mentioned.

Providing a XXX. And be it further That within the Space of Two Years pune ies fub- after the Confecration of the faid Church or Chapel of Eafe, the faid Ben. pais. “jamin Haigh Allen, his Heirs or Afligns, fhall inveft inthe Three Pounds per Centum Reduced Bank Annuities, in the Names of the Moft Reverend the Archbifhop of York, the Very Reverend the Archdeacon of York, and the Reverend the Vicar of Huddersfield aforefaid, refpectively for the Time being, the Sum of ‘wo hundred Pounds Sterling, the Dividends whereof fhall from Time to Time accumulate and be added to the Principal, till the whole Amount to the Value of the Sum of Four hundred Pounds Sterling, for providing a Fund fcr and to be laid out and applied by the faid Minifter and Church or Chapel-warden, for the Time being, of the faid Church or Chapel of Fafe, in the neceflary Expences of fupporting and keeping in Repair the Roof, main Walls, and of the faid Church or Chapel of Eafe, and the Church-yard and Fences, fo that the fame may at all Times be preferved in good Repair and Condition: Provided always, that in the of the faid Sum of Money, the fame fhall never be reduced below the Value of the Sum of Three hun- dred Pounds Sterling, which fhall, as {oon as may be done conveniently, be !aid out in the Purchafe of Land (which fhall not exceed in Value in the whole the Yearly Sum of Three hundred Pounds) in the Names of the faid Archbifhop, Archdeacon, and Vicar refpeétively for the Time being, and their Succeffors for ever, for the Purpofe of applying the Rents and Profits thereof as a continual Provifion for fuch Repairs of the faid ‘Church or Chapel of Eafe, and the Church-yard or Fences as are not herein otherwife provided for, and for enlarging or improving the faid Church or Chapel of Eafe, as fhall appear proper to the faid Minifter and ‘Church or Chapel-warden thereof for the Time being: Provided alfo, that upon the Death of any of them, the faid Archbifhop, Archdeacon, and Vicar, or of any future Archbifhop, Archdeacon, or Vicar, into whofe Name the faid Bank Annuities may be transferred in purfuance thereof, the Survivors fhall transfer the faid Bank Annuities into the Names of themfelves. and the Archbilhop, Archdeacon, or Vicar who {hall fupply the Dignity or Place of the deceafed Archbifhop, Archdeacon, or Vicar.

Exempting XXXI. And whereas all the Townfhips or Diftricts within the Parifh allthe Tows- of Huddersficid aforefaid are by Law, Cuftom, or Ufage, contributory ships, ort or liable to contribute and pay in certain Proportions to the Repair of the ee Parifh Church of Huddersfield aforefaid; be it therefore further enacted, That nothing herein contained fhall extend, or be conftrued to extend, to field, from _ charge the faid Townthips or Diftri€ts, or any of them, or any Lands, the Repairs of Tenements, or Inhabitants thereof refpeCtively, with any Sum or Sums of or Money, Duties, or Demands whatfoever, for or towards the Repairs or

Chapelof Support of the faid Church or Chapel of Eafe, or any Act, Matter, or Eafe. Thing, in anywile relating thereto. I

Miniflerem- XXXII. And be it further enaéted, That it fhall be Jawful for the faid powered to Benjamin Haigh Allen, his Heirs and Affigns, or the Minifter of the faid

purchafe any Church or Chapel of Eafe for the Time being, and he or fuch Minifter : I

Page 13

56°GEORGII Il. Cap:xl. 837

is hereby authorized and empowered, at any Time or Times, to accept Lands not ex- or purchafe, or take in Perpetuity, any Lands, Tenements,. or Heredita- ceeding Two ments, not exceeding in the whole the Yearly Value of Two hundred panied Pounds (exclufive of the Provifion hereby or intended to be hereby made Year. for the Minifter of the faid Church or Chapel of Eafe for the ‘Time being), for the Site of a Houfe for the Refidence of the Minifter of the faid Church or Chapel of Eafe, and for opening and making any additional Roads or Avenues thereto, or for fupporting and maintaining, repairing, or otherwife improving the fame, or for the Benefit of the faid Minifter, or other the Purpofes of this A&; the Statutes of Mortmain, or any other Law or Statute to the contrary thereof notwith{tanding.

And be it further ena€ted, That the Keys of the faid Chutch Keys, ete. of or Chapel of Eafe fhall from Time to Time be kept by and left in the the Church Cuftody of the Minifter thereof for the Time being, or of any One Perfon te Minder. as he may appoint, and that the Plate, Furniture, Records, and Books belonging thereto, fhall and may be depofited and kept in the Veltry Room of the faid Church or Chapel of Eafe, or in fuch other Place as the Proprietors and Renters of Pews and Seats therein, or the major Part of them, fhall from Time to Time direét, in a {trong Cheft, to be for that Purpofe provided, with Two fecure Locks and different Keys, One: of which Keys fhall from Time to Time be kept by the faid. Minifter, and the other by the faid Church or Chapel-warden for the Time being.

. XXXIV. Provided always, and be it further ena@ted, That if any Appeal. Perfon or Perfons fhall think himfelf, herfelf, or themfelves, aggrieved by any Rate or Rates, or by any Matter or Thing made or done in purfu- ance of this Act, fuch Perfon or Perfons may appeal to the Juftices of the Peace at the Firft General or Quarter Seffions of the Peace, to be holden for the Weft Riding of the County of York, of Three Calendar Months, from the Time wherein fuch.Caufe of Appeal fhall have arifen, the Perfon or Perfons appealing having firft given Twenty-one Days Notice at leaft of his, her, or their Intention to bring fuch Appeal, and of the Matter thereof, to the Church or Chapelwarden of the faid Church or Chapel of Eafe, and, within Five Days after fuch Notice, entered into a Recognizance before fome Jutftice of the Peace of the faid Welt Riding, with fufiicient Sureties conditioned to try fuch Appeal, and abide the Order or Award of the faid Juftices thereon; and the faid Juftices, upon due Proof of fuch Notice or Recognizance having been given and entered into, are hereby authorized and required to hear and determine the Matter of fuch Appeal in a fummary Way, and to make fuch Order thereon, and to award fuch Cofts to either of the Parties, or otherwife, as they the faid Juftices fhall judge proper ; and the faid Juftices . may alfo order fuch further Satisfaction to be made to the Party injured as they fhall judge reafonable ; and all fuch Orders and Determinations of the faid Juftices fhall be final, binding, and conclufive, to all Intents and Purpofes whatfoever.

XXXV. Provided always, and be it further enaéted, That no Action or Limitation of Suit fhall be commenced againft any Perfon or Perfons for any Thing Adions. done in purfuance of this Act, after the Expiration of Six Calendar Months next after the Fat committed, or after Satisfaction made and ten- Local. } 190 G dered ;

Page 14

838

Genera! Saving of Rights.

Public AG.

GEORGII Tl. Cap.xt.

dered; and every fuch Adlion or Suit fhall be brought or tried -in the County where the Caufe of Aation fhall have arifen, and not elfewhere; and if any fuch Action or Suit fhall be brought before Twenty-one Days Notice fhall have been given, or after fufficient Satisfa€tion made and ten- dered as aforefaid, or after the Time limited for bringing the fame as aforefaid, then, and in every fuch Cafe, the Jury fhall find for the Defend. ant or Defendants ; and upon fuch or if the Plaintiff or Plaintiffs fhall be nonfuited or difcontinue his, her, or their Action or Suit, after the Defendant or Defendants fhall have appeared ; or if upon Demurrer Judgment fhall be given again{t the Plaintiff or Plaintiffs, then, and in every fuch Cafe, the Defendant or Defendants recover ‘Treble Cofts, and fhall have fuch Remedy for recovering the fame as any Defendant hath for Cofts of Suit in other Cafes of Law.

XXXVI. Saving always to the King’s moft Excellent Majefty, and to His Heirs and Succeffors, and to all and every other Perfon or Perfons, Bodies Politic and Corporate, his, her, and their Heirs, Succeffors, Execu- tors, and Adminiftrators, (other than in the Cafes already provided for, and meant to be provided for by this A&), all fuch Eftates, Rights, Titles, and Interefts as they, every or any of them had and enjoyed before the pafling of this Aét, or could or might have had or enjoyed in cafe this A@ had not been made.

XXXVII. And be it further ena€ted, That this Act fhall be deemed and taken to be a Public A&, and fhall be judicially taken Notice of as fuch by all Judges, Juftices, and others, without being {pecially pleaded.

ET

LONDON: Printed by Eyre and ANDREW STRAHAN, Printers to the King’s moft Excellent Majefty. 1816.

4


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