Church Temporalities Act, 1833

Provisions here-of to extend to Donatives and Curates.

Curacies and Chapels augmented to be Perpetual Cures and Benefices.

XCVII. ‘And whereas the Provision for augmenting such poor Livings as shall be thought proper by the said Commissioners to be so augmented is intended to extend not only to Parsons, Vicars, and Curates who come in by Presentation or Collation, Institution and Induction, or Licence, but likewise to such Ministers who come in by Donation, or are only stipendiary Preachers or Curates in and of Impropriate or Appropriate Parishes, officiating in any Church or Chapel where the Liturgy and Rites of the United Churches of England and Ireland as by Law established shall be used and observed, some of which may happen not to be Corporations nor have a legal Succession, and therefore are incapable of taking a Grant of such perpetual Augmentation by a Salary, or Endowment of such Tithes or Land, as is by this Act intended; and in some Places it might be in the Power of the Impropriator, Donor, Parson, or Vicar to withdraw the Allowance now or heretofore paid to the Minister or Curate serving the Cure, or, in case of a Chapelry, the Incumbent of the Mother Church might refuse to employ a Curate, or permit a Minister duly nominated or licensed to officiate in such augmented Chapel, and might officiate therein himself, and take the Benefit of the Augmentation, though his Living be above the Value of those which are hereby intended to be augmented, and the Maintenance of the Curate or Minister would thus be sunk, instead of being augmented;’ therefore be it enacted by the Authority aforesaid, That all such Churches, Curacies, or Chapels which shall at any Time hereafter be augmented by the said Commissioners shall be and are hereby declared and established to be, from the Time of such Augmentations, Perpetual Cures and Benefices; and the Ministers duly nominated and licensed thereunto, and their Successors respectively, shall be and be esteemed in Law Bodies Politic and Corporate, and shall have perpetual Succession by such Name and Names as in the Grant of such Augmentation shall be mentioned, and shall have a legal Capacity, and are hereby enabled to take in Perpetuity, to them and their Successors, all such Lands and Tenements and Tithes as shall be granted to or purchased for them by the said Commissioners, or such annual Salaries as shall be so granted pursuant to this Act, any Law or Statute to the contrary notwithstanding; and that the Impropriators or Patrons of any Churches or Donatives of the Benefices so augmented for the Time being, and their Heirs, and the Rectors and Vicars of the Mother Churches whereunto any such augmented Curacy or Chapel doth appertain, and their Successors, shall be and are hereby utterly excluded from having or receiving, directly or indirectly, any Profit or Benefit by such Augmentation, and shall from Time to Time, and at all Times from and after such Augmentation, pay and allow to the Ministers officiating in any Church or Chapel so augmented such annual and other Pensions, Salaries, and Allowances which by ancient Custom or otherwise, of Right and not of Bounty, ought to be by them respectively paid and allowed, and which they might by due Course of Law, before the making of this Act, have been compelled to pay or allow to the respective Ministers officiating here, and such other yearly Sum or Allowance as shall be agreed upon, if any shall be, between the said Commissioners and such Patron or Impropriator upon making the Augmentation; and the same are and shall be hereby perfectly vested in the Ministers officiating in the Church or Chapel of the Benefice so augmented, and their respective Successors.