English Church Temporalities Act 1837 No 6a (NSW)

No. V.

An Act to regulate the temporal affairs of
Churches and Chapels of the United Church

of Eng land and Ireland in New South Wales.

[6th September, 1837.1

WH E R E A S by an A c t of t h e Governor of N e w South W a l e s t h e advice of t h e Legis la t ive Counci l thereof passed in t he

wi th

seventh year of t h e re ign of H i s present Majesty K i n g W i l l i a m t h e

F o u r t h in t i t u l ed " An Act to promote the building of Churches and

" Chapels and to provide for the maintenance of Ministers of Religion

" in New South Wales" i t is amongs t other t h i n g s provided t h a t before any s u m of money shal l be issued from the Colonial Treasury towards t h e bu i ld ing of any church or chapel a n d min is te r ' s

dwel l ing t rus tees	no t	less	t h a n	t h r ee	no r more t h a n	five	in	n u m b e r
shall	be	nomina t ed	by	t h e	persons	con t r ibu t ing	towards	t h e

bui ld ing of t h e same for t h e approva l of t he Governor a n d Exe ­

cut ive Counci l a n d t h a t t h e rea l es ta te in t h e site of such church

chapel or min i s t e r ' s dwel l ing and of any lands or he red i taments

t h e r e u n t o	be longing shal l be conveyed to t h e said t rus tees when
approved	a n d to t he heirs of t h e survivor of such t rus tees upon t r u s t

for t h e erect ion m a i n t e n a n c e a n d repair of t h e said chu rch or chapel

or min i s te r ' s dwel l ing a n d for t h e provis ion out of t h e revenues be longing to or ar is ing from t h e use of t he said church or chapel in such m a n n e r as shal l be lawfully appoin ted of all t h ings necessary

for t h e celebrat ion of Div ine worship the re in A n d whereas by the

same A c t t h e said Governor w i t h t h e advice of t h e Execu t ive Council

was empowered	w i th in six m o n t h s after t h e pass ing thereof to nomina t e
n o t less t h a n th ree nor more t h a n five of t h e pewholders of any	church

or chapel a l ready bu i l t a n d repai red a t t h e publ ic	expense and	for
min i s te r s whereof	s t ipends were issued from	t h e Colonial Treasury

to be t rus tees of such c h u r c h or chapel a n d min i s te r ' s dwell ing and

to w h o m t h e rea l es ta te thereof should be conveyed in m a n n e r and

u p o n t r u s t as aforesaid A n d whereas w i th r ega rd to churches

chapels a n d min is te r ' s dwell ings of t h e U n i t e d C h u r c h of E n g l a n d

a n d I r e l a n d i t is expedient to m a k e fur ther provis ion for r egu la t ing

4 u or

t h e m a n n e r in which persons bu i ld ing or con t r ibu t ing towards

t h e bu i ld ing of a church chapel or min i s t e r ' s dwell ing shall pro­ ceed to t h e nomina t ion of such t rus tees as aforesaid a n d for pro­ v id ing a succession of proper ly qualified t rus tees u p o n such vacancies

ar i s ing as hereinafter men t ioned and also for lawfully appoin t ing and

more par t i cu la r ly d i rec t ing in w h a t m a n n e r p u r s u a n t t o t h e said A c t

t h e revenues to ar ise unde r the i r several t ru s t s shal l be applied a n d

general ly for r egu l a t i ng t h e affairs of churches a n d chapels and t h e

dwell ings of minis te rs of t h e U n i t e d C h u r c h of E n g l a n d and I r e l a n d

wi th in t h e said Colony Be i t therefore enacted by H i s Excel lency t h e

Governor of N e w South W a l e s wi th t h e advice of t he Legis la t ive Counci l thereof Tha t whenever any person or persons shall a t his he r or the i r own cost and expense erect or provide a church or chapel which shal l be approved by the Bishop of t he Diocese for t he celebra­ t ion of publ ic worsh ip according to t h e use of t h e U n i t e d C h u r c h of

E n g l a n d a n d I r e l a n d or any minis te r ' s dwell ing bu r i a l g round or glebe

l and or whenever any n u m b e r of persons shal l by subscr ipt ion contr i­ b u t e any s u m n o t less th ree h u n d r e d pounds for or towards erect ing or p rov id ing a church or chapel and minis te r ' s dwell ing or bur ia l g round

or glebe l and as aforesaid i t shal l a n d m a y be lawful for t he person or persons so erect ing or p rovid ing t h e same a t h is her or thei r own cost to nomina t e as t rus tees of such chu rch or chapel any n u m b e r of persons no t less t h a n t h r ee nor more t h a n five and for t he sub­ scribers towards e rec t ing or p rovid ing such church or chapel and min i s te r ' s dwel l ing bur i a l g round or glebe l and as aforesaid to elect

by p lu ra l i ty of votes from a m o n g themselves any n u m b e r of

t rus tees w i th in t h e l imits aforesaid (subject t o t h e approva l of t he

Governor and Execu t ive Council u n d e r t h e provisions of t h e said

rec i ted Act ) and such election shal l t a k e place a t a mee t ing of t h e

subscr ibers of the t ime a n d place of ho ld ing which fourteen days previous not ice shal l have been duly given and every person hav ing subscr ibed and pa id one p o u n d towards t he erect ion of any such

c h u r c h or chapel of t he U n i t e d Church of E n g l a n d and I r e l and a n d

be ing also a member of t h e said C h u r c h shall be ent i t led to vote a t

a l l elections of t rus tees for t he	same u n t i l such c h u r c h or chapel	shal l
have been completed.

2. A n d be it enac ted Tha t every person so to be nomina ted or

elected a t rus tee of any c h u r c h or chapel of t h e U n i t e d C h u r c h of

E n g l a n d and I r e l a n d shall be a m e m b e r of the said church f requent ing

i t s publ ic services a n d not k n o w n to i m p u g n publ ic ly any of i ts doc­ t r ines and t h e names of all t rus tees so nomina ted or elected as aforesaid shall be registered in a book to be kep t for th i s purpose by t h e Reg i s t r a r of t h e Bishop of t he Diocese.

3. A n d be i t enacted Tha t any such t rus tee as aforesaid who shal l leave t h e Colony and shall be absent therefrom more t h a n six m o n t h s in succession or whose ord inary residence shall be more t h a n t w e n t y miles d is tan t from the church or chapel of which he is a t rus tee or who shal l be a confirmed luna t i c or shal l be or shall become disqualified as hereinbefore ment ioned shal l and may be removed from his office by a general mee t ing of t rus tees assembled after four teen days previous not ice given by t h e r ema in ing t rus t ees of such c h u r c h or chapel or the grea ter n u m b e r of them.

4. A n d be i t enacted T h a t whenever and as often as any t rus tee n o m i n a t e d or elected as aforesaid unde r t h e provisions of th i s A c t shal l die or res ign his office w i th t h e consent of h is co-trustees or shal l be removed as aforesaid t h e surv iv ing or con t inu ing t rus tees shall for thwi th call a mee t ing of t h e subscribers if t h e church or chapel shal l no t have been t h e n completed a n d consecrated or of t h e

pewholders a n d ren te rs of s i t t ings the re in after t h a t period (as t h e

case m a y requi re) for t h e purpose of e lect ing a new t rus tee in t h e place of one so dying or desir ing to res ign or removed as aforesaid a n d t h e election of such new t ru s t ee shal l a t all t imes before t h e complet ion a n d consecration of such chu rch or chapel be made by t h e subscr ibers t he re to and shal l a t all t imes after t h e complet ion and

consecrat ion thereof be m a d e by t h e pewholders a n d ren te r s of

s i t t ings a n d t h e same not ice shal l be given of t he t ime and place of t h e said mee t ing and t h e same proceedings shal l be observed in a l l o ther respects as to t h e election of such t rus tee as u p o n t h e original nomina t ion or election of t rus tees Provided however t h a t no t rus tee shall be pe rmi t t ed to res ign his office u n t i l h e shall duly have accounted to t h e satisfaction of his co-trustees for all sums of money a t any t ime received by h im in his said t r u s t .

5. A n d be it enacted Tha t if t h e surv iv ing or con t inu ing

t rus tees of any chu rch or chapel of t h e U n i t e d Church of E n g l a n d

and I r e l and shal l n o t w i th in one m o n t h after t h e death res ignat ion or

removal of any t ru s t ee give publ ic not ice of a mee t ing of subscribers or pewholders and ren te rs of s i t t ings as t h e case m a y be for t h e election

of

of a new t rus t ee i t shal l and may he lawful for any six of t h e subscri­ bers or pewholders and ren te rs of s i t t ings upon giving fourteen days pub l i c not ice to assemble a mee t ing as t h e case m a y be of t h e subscr ibers or pewholders and ren te rs of s i t t ings be ing m e m b e r s of t h e said U n i t e d Church and to proceed to t h e election of a n e w t rus tee and if no such mee t ing be held no r election proceeded w i t h

wi th in two m o n t h s after t h e dea th res ignat ion or removal of a n y

t r u s t e e as aforesaid it shall and m a y be lawful for t h e Bishop of t he

Diocese by wr i t ing unde r his Episcopal seal to nomina t e from a m o n g t h e subscr ibers or pewholders a fit and proper person to become a t r u s t ee of such church or chapel as aforesaid.

6. A n d be it enacted T h a t t h e new t rus tee to be nomina ted as

aforesaid p u r s u a n t to th is Ac t shall become jo in t ly w i th t h e con t inu ing

or surv iv ing t rus tees or t ru s t ee a t ru s t ee of t he site of t h e church or

chapel or of t h e min is te r ' s dwell ing bur ia l g round or glebe l and in respect whereof he shall be so nomina t ed and t h a t all such deeds and assurances shal l be m a d e and executed as shall be necessary legally to effectuate and complete his appo in tment as such new t rus tee .

7. A n d be it fur ther enacted T h a t i t shall and m a y bo lawful

for such t rus tees so nomina ted elected or appointed in respect of any church or chapel as aforesaid or for t he major pa r t of t h e m and they are hereby author ized and requi red to set apa r t one-s ixth p a r t of t h e whole n u m b e r of s i t t ings conta ined in t h e same to be appropr ia ted free of any charge whatsoever to t h e use and accommodat ion of persons choosing to occupy t h e same du r ing t h e t ime of t he celebrat ion of publ ic worship or of any r i te or ordinance pe r t a in ing t h e r e t o and also one pew conta in ing no t more t h a n six s i t t ings no r less t h a n four for t h e use and occupat ion free from all charges of t h e family or household of t h e c le rgyman licensed to officiate in such c h u r c h or chapel and it shal l and m a y be lawful for such t rus tees or t h e major p a r t of t h e m and t h e y are hereby author ized and re­ qu i red to assess and fix equi tably t he a n n u a l r en t or r a t e for each pew or s i t t ing in every such chu rch or chapel wi th t h e exception of such pews and s i t t ings as are hereinbefore declared to be free from charge and to m a k e agreements and cont rac ts wi th any persons desirous

to h i re or engage t h e same according to such assessed r en t or r a t e

Provided t h a t n o t h i n g here in conta ined shal l p reven t any person hav ing erected or provided a chu rch or chapel or bu r i a l g round in m a n n e r hereinbefore ment ioned a t h i s or he r own cost a n d expense from re t a in ing for t h e use of himself or herself a n d his or her heirs

any sufficient por t ion of such g round a t his or her disposal as a place	one pew in such chu rch or chapel free from r e n t or from reserving
of bu r i a l for ever.
8. A n d be it enacted Tha t all cont r ibutors and subscr ibers in money or value of not less t h a n t h e s u m of five pounds towards t h e bu i ld ing of any such church or chapel be ing members of t h e said U n i t e d Church of E n g l a n d a n d I r e l and shall have a r igh t t o become each t h e ren ter of a pew in preference to any other person who shal l no t have cont r ibuted the re to and such cont r ibu tors and subscribers shal l amongs t themselves have pr ior i ty in t h e choice of pews as to s i tua t ion size a n d seats no t exceeding six according to t h e a m o u n t of t he i r con t r ibu t ions t h e grea ter con t r ibu tor or subscr iber to have t h e p r io r choice and the choice of equal cont r ibu tors or subscribers to be de te rmined if need be by lot.
9. A n d be i t enacted Tha t a t any t ime after t he pass ing of th i s A c t pr ior to Eas te r Tuesday nex t ensu ing and u p o n Eas te r Tuesday in every year t h e t rus tees of every such church or chapel as aforesaid shall mee t in t he vestry or in some other convenient place and shal l elect one of the i r n u m b e r to act as churchwarden un t i l t he

Eas te r

Eas t e r Tuesday n e x t ensu ing a n d a t t h e same t i m e and place t he

pewholders a n d ren te rs of s i t t ings in such c h u r c h or chapel qualified as is hereinaf ter requ i red shal l elect one of t h e said pewholders to act as chu rchwarden for t he same per iod a n d t h e c le rgyman licensed to officiate in t h e said chu rch or chapel shal l a t t h e same t ime and place nomina t e one o ther of t h e said pewholders to act as chu rchwarden also for the same period and t h e said t h r ee persons so elected and n o m i n a t e d shall jo in t ly execu te t he office of chu rchwarden

wi th t h e powers by th i s A c t hereinafter declared a n d according to t h e

t r u e m e a n i n g a n d i n t en t thereof and in case any one of t h e church­

wardens shal l die or res ign or become disqualified d u r i n g t h e year for which he shal l have been elected or nomina t ed i t shall a n d m a y be lawful for t h e t rus tees or t h e pewholders a n d ren te rs of s i t t ings or t he officiating c le rgyman respectively as t h e case m a y be to elect or n o m i n a t e in m a n n e r aforesaid one o the r chu rchwarden to serve u n t i l

t he Eas t e r Tuesday which shal l be nex t ensuing .

10. A n d be i t enacted T h a t in case any of t h e aforesaid par t i es

shal l fail to m a k e a n election or nomina t ion of a chu rchwarden on t h e day appoin ted it shal l a n d m a y be lawful for t he Bishop of Aus t r a l i a hav ing not ice thereof to appoin t a t r u s t ee or pewholder as t h e case m a y be to serve as chu rchwarden a n d if any d ispute shall arise touch ing t h e election of any churchwarden t h e said Bishop shal l m a k e enqui ry there in to by himself or his commissar ies and shal l m a k e such order t ouch ing t h e same as to h im shall appear expedient .

1 1 . A n d be i t enacted Tha t i t shal l a n d m a y be lawful for t h e

churchwardens who shal l be so elected or nomina ted or for any two of t h e m to collect a n d ga the r all and every s u m or sums of money which m a y be due a n d payable for pews or s i t t ings in such church or chapel for which t hey have been so elected or nomina ted accord­ ing to t he r a t e or r e n t assessed a n d fixed for t h e same by the t ru s t ees as aforesaid and any subscr ipt ions and donat ions which m a y be receiv­ able on account of any such church or chapel min is te r ' s dwell ing bur ia l g round or glebe l and and to apply for t he said s u m or sums a n d to sue for t h e recovery of t h e same from all persons who shal l fail or refuse to pay t h e same according to t h e t e rms of the i r engagement and such chu rchwardens out of such monies so received or recovered so far as t h e same wil l ex tend shal l regula r ly pay t h e salaries al lot ted to all lay persons ho ld ing any office in or abou t t h e church or chapel according to cer ta in ra tes a n d at cer ta in periods which shal l be de termined u p o n

by the major i ty of r en te r s of pews or s i t t ings in ves t ry assembled and

as aforesaid in repa i r ing or keeping in subs tan t ia l repai r any p a r t of the	shal l expend any sums which may r ema in after paymen t of such salaries
said c h u r c h or chapel or of t h e walls roof doors windows or o the r p a r t s of t he same or of any steeple belfry chancel or ves t ry room t h e r e u n t o be longing or of t h e bells clock font tab les rai ls pews seats galleries o rgan or o rgan loft or any books or ves tment s used in t h e celebra­ t ion of publ ic worship toge ther w i t h t h e fences a n d walls enclos­ i ng t h e church-yard or bur i a l -g round of such church or chapel or t h e gates to t h e same or any dra ins or walks the re in and also to repa i r or keep in repai r t h e mans ion-house and premises occupied by t h e c le rgyman licensed as aforesaid to officiate in t h e church or chapel from which such s u m or sums of money are derived toge ther w i th t he ou tbu i ld ings there to a t tached and the fences Avails dra ins or gates be longing to any por t ion of land being in t h e occupat ion of such c le rgyman as aforesaid in v i r tue of his be ing licensed to officiate in such church or chapel and also to provide all t h i n g s which m a y be necessary for t h e due and orderly celebrat ion of publ ic worship a n d t h e admin i s t ra t ion of t h e sac raments in such church or chapel as
aforesaid according to t h e direct ions conta ined in t he R u b r i c k s of the

Book

Book of Common P raye r and in t h e Cons t i tu t ions and Canons Eccle­ siast ical re la t ing to Divine Service a n d the admin i s t r a t ion of t he

Sac ramen t s agreed upon wi th t he K i n g ' s Majes ty ' s License in the

Synod b e g u n in London	in t h e year one t housand	six h u n d r e d	and
th ree .

12 .    A n d be i t enacted T h a t at every ves t ry mee t ing to be holden

on Eas t e r Tuesday in each year for t h e election a n d nomina t ion of churchwardens t he churchwardens of t h e year preceding or some one of t h e m shal l produce and exhibi t a book (to be pa id for from the produce of t he pew rents) where in shall be conta ined a fair and correct en t ry and account of all monies received and expended by t h e m dur ing t h e year preceding unde r and in accordance wi th t h e provisions of th i s A c t a n d shal l certify t he said account by subscr ibing their names there to and t h e said book toge ther w i t h such surp lus or balance as shal l be proved by it to be r ema in ing in t he hands of t h e outgoing churchwardens shal l be by t h e m or by some one of t h e m delivered over to t h e churchwardens or one of t h e m who shal l be nomina t ed and elected for t h e ensu ing year.
13 . A n d be it enacted Tha t every person who shal l have entered in to ag reement w i th t h e t rus tees or chu rchwardens of any chu rch or chapel as aforesaid to engage any pew or s i t t ing the re in and shall have paid t h e r en t due u p o n t h e same u p to t h e las t q u a r t e r day a n d every person hav ing been for t h e space of one year and upwards a contr ibutor of n o t less t h a n one p o u n d annua l ly towards the maintenance; of any

such church or chapel and being a member of t h e U n i t e d C h u r c h of

E n g land and I r e l and as aforesaid shall be ent i t led to give a t every

ves t ry mee t ing of pewholders and a t t h e election of any t rus t ee 01

t rus tees chu rchwarden or churchwardens u n d e r th i s Ac t one vote in p ropor t ion to every single s i t t ing for which he shall so have made ag reemen t and paid rent or for every pound so con t r ibu ted Provided a lways t h a t no person shal l unde r any pre tence be allowed to possess or t o give a t any such mee t ing or election more t h e n six votes in all on account of any pew or pews engaged a n d paid for or of a n y such con t r ibu t ion towards the ma in t enance of such chu rch or chapel .

14. A n d be i t enacted T h a t whenever any ra t e of paymen t shal l have been assessed and fixed for t h e pews and s i t t ings in a n y church or chapel and i t shall appear to t h e churchwardens for t he t ime-being or to t h e major p a r t of t h e m t h a t t h e produce of such r a t e or r e n t will be insufficient to defray t h e several charges and costs

necessary for effecting and providing all t h ings requi red by th i s Act it shal l a n d m a y be lawful for such churchwardens or for any two of
t h e m by ten days previous notice publicly given in such church or
chapel d u r i n g t h e t ime of publ ic worship to call a general vest ry mee t ing of t h e t rus tees and churchwardens of such church or chapel l'Or the purpose of t a k i n g in to considerat ion t he expediency of amend­ ing and increasing such ra t e or r en t a n d if it shal l appear to t h e major i ty of t rus tees and churchwardens present a t such mee t ing n o t be ing fewer in n u m b e r t h a n t h r ee t h a t t h e r a t e or r en t a l ready es tab­ l ished w i l l no t be sufficient t o provide for all such necessary costs a n d charges i t shal l and m a y be lawful for t h e said majori ty of t rus tees

a n d churchwardens to assess a n d appoint such h igher r a t e of r e n t to

be charged for pews or s i t t ings as by t h e m shall be deemed sufficient to mee t such costs and charges and to appoin t and declare how l o n g such h igher r a t e shal l cont inue to be charged a n d collected and upon t h e th ree Sundays n e x t ensu ing upon which publ ic worship shal l be ce lebra ted in such church or chapel and du r ing t h e t ime of such celebra t ion such t rus tees shall direct and cause not ice to be given of t he said in tended increase of ren t to be charged upon pews a n d

s i t t ings

s i t t ings and a t t h e expi ra t ion of six m o n t h s from t h e last p u b ­ l icat ion of such not ice t h e said increased r en t or charge shal l and m a y he demanded and collected from all persons con t inu ing to occupy any pew or s i t t ing in such church or chapel or no t giving t h r ee m o n t h s previous not ice to t h e chu rchwardens of the i r in ten t ion to

re l inqu ish t he same.

15 . A n d be i t fu r ther enacted T h a t any person h a v i n g engaged

any pew or s i t t ing and con t inu ing to pay r en t for t he same according to t h e r a t e fixed for t he same or as it m a y be from t ime to t ime assessed afresh as aforesaid and also conduc t ing himself or herself in such chu rch or chapel so as n o t wilfully maliciously or necessari ly to d i s turb t h e performance of publ ic worsh ip or t o molest or annoy a n y p a r t of t h e congregat ion a t t e n d i n g t h e same shall no t be unde r any pre tence whatsoever removed or ejected w i t h o u t his or her own con­ sen t from t h e occupat ion and free possession of such pew or s i t t ing a t all t imes when the said church or chapel shal l be open for t h e per­ formance of publ ic worsh ip t h e admin i s t r a t ion of any sacrament or

o ther r i te or ceremony according to t h e use of t he U n i t e d C h u r c h of

E n g l a n d and I r e l a n d Provided never theless t h a t if any person h a v i n g

engaged any pew or s i t t ing in any c h u r c h or chapel u n d e r ag reement

to pay for t h e same according to t h e r a t e or r en t assessed the reupon shal l suffer such r e n t to fall in to a r rea r and to cont inue unpa id for t h r ee m o n t h s after t he same shal l have been demanded by t h e church­ wardens or by any person empowered by t h e m or t h e major p a r t of t h e m or if any person hav ing engaged as aforesaid any such pew or s i t t ing shal l refuse to pay for t h e same such increased r a t e of ren t as t h e t rus tees according to t h e provisions hereinbefore described shal l there­ u p o n assess and affix publ ic ly not i fying t h e same as by th is Act is described and requi red or if any person engag ing and occupying any such pew or s i t t ing and con t inu ing to pay the r en t assessed u p o n t h e

same shal l b y any unsu i t ab le noise ges ture or depor tment wilfully

a n d i r reverent ly i n t e r r u p t t h e celebrat ion of publ ic worship or shal l

designedly and hab i tua l ly d i s turb or annoy any p a r t of t h e congrega­ t ion w i th in t h e said church or chapel in all such cases i t shall and m a y be lawful for t h e churchwardens or any two of t h e m to m a k e a

p r e sen tmen t thereof in wr i t i ng to t h e Bishop of Aus t r a l i a who shal l

t h e r e u p o n issue his moni t ion t o every such defaulter or offender and in case such defaulter or offender shall no t for thwi th pay all such a r rears or shal l not amend and desist from the pract ice so complained of it shall be lawful for t h e said Bishop wi th in fourteen days from

t h e receipt by h i m of a repeated p re sen tmen t in wr i t ing from t h e	said churchwardens to issue a w a r r a n t u n d e r his seal declaring t h e
pew or s i t t ing occupied by the pa r ty complained of to be vacan t a n d a t l iber ty to be disposed of to any other p a r t y desir ing to engage t h e same unde r t h e provisions of th i s A c t Provided never theless t h a t if wi th in fourteen days from t h e receipt of such repeated p r e sen tmen t any cavea t in wr i t i ng shall be delivered to t h e Regis­ t r a r of t h e Diocese of Aus t ra l i a by t h e pa r ty complained of or b y any o ther person on his or he r behalf t h e said Bishop shall no t proceed to issue such w a r r a n t u n t i l he shal l h a v e enqui red by h is Reg i s t r a r in to t he c i rcumstances of t h e case and shal l be fully satisfied t h a t t he r e is a j u s t and reasonable cause for the compla in t laid in such p resen tmen t as aforesaid Provided never theless t h a t if upon a repre­ senta t ion addressed to t h e Bishop of t he Diocese by the major p a r t of t h e pewholders a n d ren te r s of s i t t ings in any church or chapel as aforesaid in ves t ry assembled after fourteen days clear notice se t t ing
forth t h e expediency of a l t e r ing t he a r r angemen t of t h e pews wi th in
t h e said church or chapel for increasing t h e general accommodat ion
and wi thout d iminish ing the due propor t ion of free s i t t ings t he re in

a

a faculty shal l he issued unde r t h e seal of t h e said Bishop au thor iz ing such a l te ra t ion it shall and m a y he lawful for t h e churchwardens of such church or chapel to proceed wi th and complete t he same a n d for t h e t rus tees of t h e said church or chapel to m a k e a fresh d is t r ibut ion

of t h e pews a n d s i t t ings any t h i n g in th i s A c t conta ined to t h e con­

t r a r y	no twi ths t and ing .
16 Provided a lways and be i t enacted Tha t n o t w i t h s t a n d i n g

any t h i n g contained in th i s A c t or in t h e said reci ted A c t of t h e seventh year of t h e re ign of H i s said Majesty i t shall be lawful for any person or persons erect ing or provid ing a church or chapel of t h e U n i t e d Church of E n g l a n d a n d I r e l and as aforesaid

at h is he r or t he i r own expense or for the subscr ibers jo in t ly

c o n t r i b u t i n g any s u m no t less t h a n th ree h u n d r e d pounds towards

e rec t ing any such church chapel or min is te r ' s dwell ing to nomina t e t h e Bishop of Aus t ra l i a for t h e t ime-being and his successors to be t h e sole t rus tee and successive t rus tees of such chu rch or chapel a n d

min i s te r ' s dwell ing wi th any bur i a l g r o u n d or glebe l and which m a y

be t h e r e u n t o respectively annexed a n d u p o n such nomina t ion be ing declaimed to t h e Governor and Execu t ive Counci l t he site of such church chapel and minis te r ' s dwel l ing and such bur ia l g round a n d glebe l and respectively shal l be conveyed to a n d vested in t h e said Bishop and his successors upon t h e t r u s t s hereinbefore declared except as hereinaf ter men t ioned and such s u m or sums of money shall be issued to h i m from the Colonial Treasury towards t he bu i ld ing of any c h u r c h or chapel or min i s te r ' s dwell ing of t he said U n i t e d C h u r c h as

i t m a y be lawful to issue to t rus tees unde r t h e provisions of t h e	said
rec i ted A c t passed in the seventh year of H i s present	Majesty.

17. P rov ided also and be i t fur ther enacted Tha t i t shal l be
lawful for t he pewholders who shall be presen t at t h e vestry or o ther

m e e t i n g to be held in respect of any church or chapel a l ready bui l t

on t he Eas te r Tuesday wh ich shall be in t h e year one thousand e ight

h u n d r e d and th i r ty -e igh t in conformity to th is Ac t to nomina t e if they

shal l see fit by a p lu ra l i ty of votes (to.be es t imated as hereinbefore pro­

vided) t h e Bishop of Aus t r a l i a and his successors to be t h e sole t ru s t ee and successive t rus tees of such church or chapel in t h e place a n d s tead of any o ther t rus tees who m a y have been al ready nomina t ed in respect thereof by v i r tue of t h e said reci ted A c t of t he seventh year of t h e re ign of his present Majesty or otherwise howsoever a n d the si te of such chu rch or chapel a n d of any minis te r ' s dwell ing toge ther

w i th any glebe or bur ia l g round there to respectively be longing	shall
i n such case be as soon as convenient conveyed to a n d vested in t h e
said Bishop a n d	his successors upon the same t r u s t s except as herein­
after provided.

18. Prov ided always and be i t enacted Tha t whenever t he Bishop of Aus t r a l i a for the t ime-being shall be sole t rus tee of any church or chapel as aforesaid it shall be lawful for t he pewholders and ren te rs of s i t t ings in t h e said church or chapel to nomina te a t each a n n u a l mee t ing to be held on E a s t e r Tuesday p u r s u a n t to th i s A c t one of t h e said pewhohlers as aforesaid and one other in l ieu of t h e t rus tee to be n a m e d by his co-trustees as hereinbefore provided to execute t h e office of churchwarden jo in t ly wi th t h e person to be n o m i n a t e d b y t h e officiating c le rgyman wi thou t prejudice nevertheless to t he power hereinbefore reserved to t h e said Bishop of n a m i n g one or more o the r chu rchwardens in default of such be ing otherwise appointed and provided fu r ther t h a t whenever t h e said Bishop shall be sole t r u s t e e t h e power of se t t ing apar t and assessing t h e r en t s of pews and of m a k i n g agreements for le t t ing t h e same hereinbefore given to t h e lay t rus tees to be appointed u n d e r th i s Ac t shal l be vested in and

exercised by t h e churchwardens for t h e t ime-being.

19. A n d be i t enacted Tha t from a n d after t h e pass ing of t h i s

A c t no person shall be or shal l be received as chapla in or min i s te r or p e r m i t t e d suffered or allowed to s ing or say t h e common or open prayer or t o min i s te r t h e sac raments or to p reach any sermon in any

chu rch or chapel consecrated accord ing to t h e use of t h e U n i t e d

C h u r c h of E n g l a n d a n d I r e l and w i t h i n th i s Colony and i t s Depen­

dencies unless he be	first	approved a n d t h e r e u n t o l icensed by the
Archb i shop of t h e Prov ince or t h e Bishop of t h e Diocese or	(in	case

t h e	See be	vacant )	by	t h e	gua rd i an	of t h e	spir i tual i t ies	u n d e r	his
seal.

20. A n d be i t enacted T h a t i t shall a n d m a y be lawful for

t h e c le rgyman in holy orders of t h e U n i t e d C h u r c h of E n g l a n d a n d

I r e l a n d who shall be du ly l icensed b y t h e Bishop to officiate in any church or chapel unde r th i s A c t so long as he shall be so licensed to have free access and admission to a n d in such church or chapel a n d t h e bur i a l g round belonging the re to and every p a r t thereof respectively

a t all t imes as he shall t h i n k fit a n d freely to exercise his spir i tual

funct ions the re in respect ively w i t h o u t a n y h indrance or d i s tu rbance of t he t rus tees of t h e same or any person wha tever and such officiating min is te r shall and m a y d u r i n g such t imes as aforesaid freely use have possess and enjoy the min is te r ' s dwell ing-house garden appur tenances and glebe be longing to such c h u r c h or chapel a n d receive have and t a k e t h e r en t s profits and issues and every p a r t thereof respectively Provided a lways t h a t no such l iber ty of access and admission to such house of residence as aforesaid nor occupat ion of t h e same for any l eng th of t ime whatsoever shal l be cons t rued to confer any r igh t of p roper ty in t h e same u p o n t h e c le rgyman or o the r par t ies by w h o m such house of residence a n d t h e appur t enances m a y have been so occupied no r any r i g h t or t i t le t o r e t a in possession of t h e same after t h e license

of such c l e rgyman shal l have been w i t h d r a w n cancel led or revoked by

t h e Bishop of t h e Diocese u p o n cause shewn no r shal l t h e same be pleaded in ba r of any act ion of e jectment which m a y be b rough t by or on behalf of t h e t rus tees or chu rchwardens of any chu rch or chapel as aforesaid for recover ing possession of such house of residence and t h e

appur t enances thereof.

2 1 . A n d be it enacted T h a t whenever and as often as i t shal l

h a p p e n t h a t t h e glebe l and be long ing t o a n y church or chapel u n d e r

th i s Ac t n o t be ing in possession or occupat ion of any c le rgyman licensed to officiate in such church or chapel or w i th t he consent of t h e c le rgyman be ing in such possession or occupat ion m a y be	improved b y bu i ld ing u p o n t h e same or otherwise so as to admi t
a g rea te r year ly profit be ing derived theref rom t h a n the sum of one
h u n d r e d a n d fifty pounds and securi ty be given for paymen t to t h e c l e rgyman who shall nex t be l icensed to officiate in such c h u r c h or chapel and also to t h e p resen t officiating c le rgyman if a n y so consent ing as aforesaid of t he said s u m of one h u n d r e d a n d fifty
p o u n d s annua l ly i t shal l a n d m a y be lawful for t h e t rus tees of such
c h u r c h or chapel w i t h t h e fu r ther consent in wr i t i ng of t h e Bishop of t h e Diocese to enter in to a n d u p o n t h e said glebe l and and to let t h e same u p o n leases for any t e r m not exceeding twenty-e igh t years reserv ing t h e r en t s issues and profits thereof to t he said t rus tees for t h e t ime-be ing w ho shal l a n d m a y receive a n d apply t h e said r en t s issues and profits upon t ru s t in t h e first place to pay to t h e officiating minis te r of t h e said church or chapel t h e full s u m of one h u n d r e d and fifty pounds year ly as and for an allow­ ance for t he said glebe a n d in t he nex t place w i t h t he consent of t h e Bishop to apply t h e same or any p a r t thereof in or towards bu i ld ing or en la rg ing t h e church or chapel of t h e par i sh or place to which such glebe land is annexed or a residence for t h e c le rgyman

of

of t h e same if i t be necessary and af terwards in or towards bui ld ing

or	en la rg ing	a	church or	chapel of	t h e	U n i t e d	C h u r c h	of	E n g l a n d
a n d I r e l and in any other place in t h e same townsh ip or distr ict and officiating min i s te r for t h e t ime-being of t he las t -ment ioned church or chape l and as often as t h e r en t s issues and profits of any such glebe l and so let by t h e t rus tees will admi t thereof upon t r u s t w i t h t h e consent of t h e Bishop in m a n n e r aforesaid to apply t h e same in or towards t h e bu i ld ing of o ther such churches or chapels a n d houses ot residence for c lergymen and endowing the officiating min i s te r s thereof respect ively to t h e ex ten t of one h u n d r e d pounds year ly as aforesaid Provided never theless t h a t in cases where t h e residence appropr ia ted for t h e c le rgyman licensed to officiate in any church or chapel shall be s i tua te upon t h e glebe pe r t a in ing to t h e same i t shal l a n d m a y be lawful for t he t rus tees of such church or chapel a n d t h e y arc hereby requi red to reserve any por t ion of such glebe no t exceeding one-fifth of the whole which shal l be approved by t h e Bishop to be appropr ia ted to t h e personal use a n d occupat ion of t h e said c le rgyman in addi t ion	in	t h e p a y m e n t of	a	s t ipend of	one h u n d r e d	pounds	year ly	to	t h e

to t he s u m of one h u n d r e d and fifty pounds per a n n u m to be	secured
to h im as aforesaid from t h e r en t s a n d proceeds of such glebe.

22. A n d be i t enacted T h a t as soon as any church or chapel as

aforesaid wi th a min i s t e r ' s dwell ing where t h e same may be required shall be erected and completed t h e accounts of t h e t rus tees shall t he reupon be finally w o u n d u p and audi ted b y no t less t h a n t h r ee aud i to r s to be elected from a m o n g themselves by t h e subscr ibers towards t h e erect ion of such church or chapel in m a n n e r hereinbefore provided for election of t rus tees a n d laid before t h e subscribers the re to for thei r inspect ion and al lowance and be ing so allowed shal l be publ ished in two or more of the publ ic newspapers of t h e Colony.

23. A n d be i t enacted T h a t i t shall and m a y be lawful for t h e

officiating min is te r du ly l icensed b y t h e Bishop as aforesaid and t h e chu rchwardens for t h e t ime-be ing of any church or chapel unde r th i s A c t to p e r m i t any m o n u m e n t s to be erected or placed in such pa r t s as they m a y deem convenien t of such church or chapel or of t h e enclosed g round about t h e same or in t h e bur i a l g round belonging

the re to or vau l t s to be d u g and m a d e in t h e said bu r i a l g round u p o n

t h e p a y m e n t to t h e said churchwardens for t he use of t h e said church or chapel for such permiss ion b y t h e person or persons desir ing to erect or place any m o n u m e n t in t h e said church chapel or enclosed g round about t he same or in t h e said bu r i a l g r o u n d or to dig and

m a k e any vau l t in t h e said b u r i a l g r o u n d of such charges as are con­

ta ined a n d set for th in t h e Schedule to t h i s A c t over a n d above t h e

fees which m a y be legally demanded for such bur ia l .

24. A n d be i t enacted Tha t i t shall a n d m a y be lawful for any

person or persons e rec t ing or p lac ing a n y m o n u m e n t in t he said church or chapel or enclosed g round abou t t h e same or d igg ing or making any vau l t in t h e said bu r i a l g round b y a n d w i t h such permis­

sion as aforesaid to have and m a i n t a i n a n d keep u p such m o n u m e n t

3r vau l t according to t h e t e r m s of such permiss ion to and for t h e sole and separa te use of t h e said person or persons and his or t he i r heirs for ever.

4 x SCHEDULE

S C H E D U L E TO W H I C H T H I S A C T R E F E R S .

Erect ing a tablet or monument in any Church not less than five pounds nor more than

twenty pounds.

Erect ing a monument in the ground adjoining any Church not being the burial ground any

sum not less than three pounds nor more than ten pounds. Burial in a brick or stone grave in the burial ground one pound. Headstone or footstone (each) ten shillings.
A stone covering over such grave one pound.
A vault for each person it is capable of containing one pound ten shillings.

A raised tomb over a vault for each person it is capable of containing one pound ten

shillings.