ANNO DECIMO TERTIO & DECIMO QUARTO
C A P. LXXVI.
An Act to provide for the Division of the Deanery of Saint Burian into Three Rectories, and for abolishing the Royal Peculiar of Saint Burian.
[14th August 1850.]
WHEREAS the Deanery and Rectory of Saint Burian in the County of Cornwall, being a Benefice Donative in the free Gift of His Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of His said Duchy, comprises the Three several Parishes and Churches of Saint Burian, Saint Sennen, and Saint Levan in the said County : And whereas the said Church of Saint Burian was in Times past reputed to be a Collegiate Church, with divers Prebends thereto belonging, but the Prebendal Possessions have long since been alienated and lost, and Prebendaries have ceased to be appointed, and there is now no Parochial Priest or Incumbent of the said several Parishes other than the Dean of Saint Burian : And whereas it has been represented to Her Majesty by the Council of His Royal Highness, that it would promote the Spiritual Interests and better Pastoral Superintendence of the Inhabitants of the said Parishes if the said Deanery were dissolved and abolished, and adequate Provision made for a resident Incumbent in each of the said Parishes ; but such beneficial Arrangement cannot be effected without the Aid and Authority of Parliament : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That immediately upon the next Avoidance of the said Deanery and Rectory it shall become and be dissolved and extinct, and the said Church of Saint Burian shall, as well in Law as in Fact, cease to be a Collegiate Prebendal Church, and each of the said Three several Parishes shall thereupon become and be to all Intents and Purposes and for ever a distinct and separate Parochial Rectory and Benefice Presentative with Cure of Souls, the Patronage and Advowson of each and every of which said new Benefices shall thenceforth be annexed to and become for ever Parcel of the Possessions of the Duchy of Cornwall; and all the Tithes, Rent-charges in lieu of Tithes, Oblations, Obventions, Fees, Dues, Offerings, and other Rights, Revenues, and Emoluments whatsoever, now and heretofore of right payable, due, or belonging to the said Dean, within each and every of the said several Parishes, shall thenceforth for ever become and be of right payable and due and belong to the Rector for the Time-being of each and every of the said Parishes respectively, and shall and may be demanded and recovered by such Rector as if the same had immemorially belonged to his said Rectory, and every such Rector shall be deemed and taken to be seised in right of his said Church of and in the Parish Church and Site thereof, the Churchyard, Glebe, Tithes, Rent-charges, and all other Tenements and Hereditaments whatsoever hereby annexed to his said Rectory ; and each and every of the said Parochial Churches and Rectories shall thenceforth become subject to the general Laws, Statutes, and Customs of the Realm touching other like Churches and Rectories, and the Rector thereof for the Time being shall thenceforth have and enjoy all the Rights, Remedies, Powers, Privileges, and Capacities, and shall be subject to all the Obligations, Duties, Liabilities, Burdens, and Disabilities, which by the same Laws, Statutes, and Customs of right belong, attach, or are incident to or incumbent upon other like Parochial Rectors, and shall be amenable to the like Spiritual Jurisdiction, Visitation, and Correction as other Rectors of Parish Churches within the Arch-deaconry of Cornwall.
II. And be it enacted, That upon and after the Dissolution and of Extinction of the Deanery as aforesaid there shall for ever be in each of the said several Parishes Two Churchwardens only, of whom one shall be annually named and appointed by the Rector of the said Parish, and the other chosen by the Inhabitants of the same Parish in Vestry assembled ; and the first Election of the said Church-wardens shall be in Easter Week next after the Induction of the first Rector of the said Parish, until which Election the Churchwardens for the Time being of the said Parish shall continue in Office ; and so soon as the Office of Parish Clerk or of Sexton shall become vacant in any of the said several Parishes the Right to name and appoint to the said Offices respectively shall for ever vest and remain in the Rector for the Time being of the said Parish, and the Clerk and Sexton so appointed shall be entitled, in each and every of the said Parishes, to all the lawful Fees, Salaries, and Emoluments heretofore paid or payable to such Parish Clerk and Sexton respectively, or hereafter fixed and allowed by lawful Authority.
III.And be it enacted, That all the Powers and Provisions contained in any public Statutes which shall be in force and unrepealed at the Dissolution of the said Deanery, for the Purchase or Acquisition of Glebes, Parsonage Houses, or Sites for Parsonage Houses, or for the building, rebuilding, and Improvement thereof, shall be deemed and taken to apply to the Purchase, Acquisition, building, rebuilding, and Improvement of Glebes, Parsonage Houses, and Sites for Parsonage Houses for the said several Rectories, when the same shall come into existence by the Operation of this Act.
IV And be it enacted, That if it shall be deemed expedient by Power to the Council of His Royal Highness to provide for the Residence of such future Rectors, or of any of them, before the Dissolution of the said Deanery, then it shall be competent for the said Council for that Purpose to purchase, acquire, and accept any suitable House, Houses, or Sites for Houses ; and all the Powers and Provisions of an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to enable the Council of His Royal Highness Albert Edward Prince of Wales to sell and exchange Lands and enfranchise Copyholds; Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands, and for other Purposes, so far as the said Act relates to the Purchase of Lands for and on behalf of His said Royal Highness, and the Sale and Conveyance of such Lands to His Royal Highness by incorporated Bodies, Trustees, Tenants of limited Interests, and Guardians and Committees of Infants and incapacitated Persons, shall be deemed and taken to apply to the Purchase, Acquisition, Acceptance, and Conveyance of such Houses or Sites for the Purpose aforesaid ; and all Land and Houses so acquired, and conveyed to His Royal Highness in the Form specified in the Second Schedule of the said Act, or otherwise, shall continue vested in His Royal Highness, His Heirs and Successors, in trust for the Purpose aforesaid; and when and so soon as any future Rector for whom such Land or House shall have been provided shall be inducted, he shall immediately become sole seised thereof in right of his Church, and the same shall for ever become Parcel of his Rectory, and the legal Estate, Title, and Interest of His Royal Highness, His Heirs and Successors, therein, shall thereupon be divested and cease.
V. And whereas the Deanery of Saint Burian is reputed to be a Royal Peculiar, and the Dean thereof claims and has exercised Peculiar and Exempt Jurisdiction in Ecclesiastical Causes within a District co extensive with the said Deanery ; and it is expedient that the said Peculiar should be abolished : Be it therefore enacted, That when and so soon as the said Deanery shall become extinct by the: Operation of this Act, or at such earlier Time as may be appointed in the Manner herein-after provided, the said Peculiar and Exempt Jurisdiction shall wholly cease and become extinct, and the Inhabitants of the said District, and all Parish Clerks, Churchwardens, and other Ecclesiastical Officers within the District, shall thereupon become amenable and subject to the Ecclesiastical Jurisdiction of the Arch-deacon of Cornwall and the Bishop of Exeter, in like Manner as in other Parishes and Places in the County of Cornwall, and the said Three several Parishes herein before named shall thenceforth to all Intents and Purposes become Part of and be held and reputed to be within the Archdeaconry of Cornwall : Provided always, that if it shall be deemed expedient to abolish the said Peculiar and Exempt Jurisdiction before the next Avoidance of the said Deanery, the Time at which the same shall so cease and become extinct shall be appointed by an Instrument executed by and with the Consent and Concurrence and under the several Seals of His said Royal Highness the Duke of Cornwall, of the Lord Bishop of Exeter, and of the now Dean and Rector of Saint Burian, and deposited in the Episcopal Registry of the Diocese of Exeter.
VI. And be it enacted, That when and so soon as the said Peculiar and Exempt Jurisdiction shall cease and become extinct all the Registers and Records then remaining in the Registry of the said Peculiar, and all Wills, Acts of Court, Bonds, Books, Official Seals, Instruments, Minutes, Papers, and Documents whatsoever touching or belonging to the said Peculiar, and in the Custody or Power of the said Dean, or of his Registrar or other Officer for the Time being, shall be forthwith transmitted and transferred to and deposited. in the Registry of the Archdeaconry of Cornwall, and become Part of the Records of the said Archdeaconry.
VII. And whereas Two several Payments, amounting in the whole to the Sum of Five Pounds Sixteen Shillings and Nine-pence, have been heretofore annually made by the said Dean of Saint Burian to the Governors of the Bounty of Queen Anne, for Tenths of the said Deanery and Rectory, and upon the Abolition of the said Deanery it is just and reasonable that the said Sum should be so apportioned that each of the said new Rectories shall be charged only with a fair Proportion thereof: Be it therefore enacted, That from and after the next Avoidance of the said Deanery and Rectory, and thenceforth for ever, the said new Rectories shall be and become respectively charged with the annual Payment to the said Governors, for Tenths, of the several Sums following, and with no other or larger Sums ; that is to say, the Rectory of Saint Burian with the Sum of Three Pounds Four Shillings, the Rectory of Saint Levan with the Sum of One Pound Eight Shillings and Sixpence, and the Rectory of Saint Sennen with the Sum of One Pound Four Shillings and Three-pence ; which said several Sums shall become annually due and payable at the same Feast Day at which the Tenths are now by Law payable, and shall be recoverable by the same Remedies by which the Tenths are now recoverable.
VIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.