York Minster: enabling the Dean and Chapter to raise money to discharge debts and restore and repair the cathedral Act 1842

Publication Date:January 01, 1842
 
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York Minster: enabling the Dean and Chapter to raise money to discharge debts and restore and repair the cathedral Act 1842

(5 & 6 Vict.) c. 19

An Act for enabling the Dean and Chapter of the Cathedral and Metropolitical Church of Saint Peter of York to raise Money for the Discharge of Debts, and for effecting the Restoration and Repair of the said Cathedral Church.

[9th July 1842]

ANNO QUINTO & SEXTO VICTORLE REGIN^. Cap. 19. Aii Act for enabling the Dean and Chapter of the Cathedral and Metropolitical Church of Saint Peter of York to raise Money for the Discharge of Debts, and for effecting the Restoration and Repair of the said Cathedral Church. [9th July 1842 J w HEREAS the Dean of the Cathedral and Metropolitical Church of Saint Peter of York and the Chapter of the same Church are seised of or entitled to a certain Estate called the Rectory of Topcliffe, being Part of the Fabric Estate, the Rents and Profits whereof are wholly or in part applicable to the Repairs and Improvement of the said Cathedral Church : And whereas the Saint Peter's Estate, consisting in part of One Sixth of the com mon Estate of the said Dean and Chapter, is applicable to the like Purpose: And whereas in or about the effecting of divers Improve ments in the Minster Yard of the said Cathedral Church and the Places adjacent, and in making good and repairing the Damage sustained by the said Cathedral Church from the Fire which happened therein in the Year One thousand eight hundred and twenty-nine, and in restoring the Organ, Fittings, and Furniture thereof, the said Dean and Chapter have expended very considerable Sums over and above the Monies available by them for those Purposes from the [Private.'] q I Produce 502 5 & 6 VICTORIA CapA9. the Dean and Chapter to K. Watt, Produce of their Estates called the Saint Peter's Estate and the Fabric Estate, and also in addition to the Amount raised by voluntary Subscriptions for making good the Damage occasioned by the said Fire, and have incurred considerable Debts, which remain unpaid, and the clear annual Income of the said Estates, after defraying the ordinary Charges thereon, is inadequate to discharge the Principal of the said Debts: And Whereas a Particular of the said Debts now remaining unpaid is contained in the First Schedule to this Act: And whereas the Roof of the Nave and the Interior of the South-western Tower of the said Cathedral Church, with the Clock and Bells therein, were destroyed by Fire on the Twentieth Day of May One thousand eight hundred and forty, and the Expence of reinstating the same has been estimated at the Sum of Twenty-five thousand Pounds, and the Sum of Fourteen thousand Pounds or thereabouts has been contributed by public Subscription towards the Restoration of the same: And whereas the North Transept of the said Cathedral Church is in a very dangerous State, and a considerable Outlay will be required to preserve the same, and other Parts of the said Cathedral Church'are in a State of great Dilapidation, and the Expence of such last-mentioned Repairs is estimated at the Sum of Twenty-eight thousand two hundred Pounds: And whereas it is expedient that the Dean and Chapter of the said Cathedral and Metropolitical Church should be authorized to raise, in the Manner herein-after mentioned, a considerable Sum of Money for the Purpose of discharging the said Debts already incurred as aforesaid and still remaining unpaid, and enabling the said Dean and Chapter to proceed with the Restoration and Repairs of the said Cathedral Church : And whereas the said Dean and Chapter are seised of an Estate situate at Bishop Burton in the said County of York as Part of their common Estate: And whereas the said Estate at Bishop Burton aforesaid hath for a long Time past been accustomably leased by the said Dean and Chapter for the Time being to a Lessee or Lessees for Three Lives, at and under the yearly Rent of Thirty-seven Pounds, and the existing Lease thereof hath from Time to Time been renewed on the dropping Lease of the of each Life upon Payment of an adequate Fine: And whereas Bishop Bur- by an Indenture bearing Date the Twelfth Dayof^nVOne thou-ton Estate by g^nd eight hundred and thirty-six, and made between the said Dean and Chanter of the First Part, Richard Watt of Bishop Burton aforesaid, William Mills Mills A*iv?*iftfrh Third Part, the said Dean and Chapter,, for the Considerations therein pn ' mentioned, did, for themselves and their Successors, demise, grant,. Watt all that their Parsonage and Rectory of Bishop Burton aforesaid, appropriated to the.Common of the said Church of York, with all fanner of Glebe Lands, Tithes, Money Payments and Lands in lieu of Tithes, Commodities and Hereditaments, with all and singular their Appurtenances whatsoever, of, in, or to the same Parsonage and Rectory and other the Premises belonging or in anywise appertaining, (Jurisdiction, Spiritual and Temporal, Woods and Underwoods, Wards, Marriages, Reliefs, Fines, Heriots, the Advowson and Gift of the Vicarage of Bishop Burton aforesaid, and the Portion of the Vicar to the said Dean and Chapter always excepted and reserved,) to have and to 3 hold 5 & 6 VICTORIA, CapA9. hold the same to the said Richard Watty his Heirs and Assigns, from the making thereof; for and during the natural Lives of the said Richard Watty then aged Forty-nine Years or thereabouts, Francis Watt then aged Twenty-two Years or thereabouts, Son of the said Richard Watty then a Cornet in the Third Regiment of Dragoon Guards, and ofAnthony Atkinson the younger, then aged Fourteen Years or thereabouts, Son of Anthony Atkinson of Beverley in the County of York,.Gentleman, and the Life of the longest Liver of them, yielding and paying therefore yearly and every Year, during the Lives aforesaid, and the Life of the longest Liver of them, unto the said Dean and Chapter and" their Successors, or their Chamberlain or Receiver of the same -i a Church for the Time being, to their Use, the Sum or yearly Rent .of Thirty-seven Pounds of good and lawful Money at the Times and Place therein mentioned, and also paying unto the said Dean and Chapter and their Successors the Sum of Ten Pounds yearly for -Augmentation of poor Vicarages and Curateships: And whereas the said Richard Watt has offered the Sum of Fifteen thousand five hundred Pounds for the Purchase of the reversionary Interest of the Dean and Chapter in the said Estate: And whereas the Particulars of the said Estate at Bishop Burton are contained in the Second Schedule to this Act: And whereas the Sum of Fifteen thousand five hundred Pounds, so offered by the said Richard Watt for the Purchase of the said Estate, far exceeds the Price which upon any ordinary Calculation would be considered to be the fair Value of the Interest of the'said Dean and Chapter therein as Reversioners under the said recited Indenture of Lease, and it would therefore be very "advantageous for the said Dean and Chapter if the Sale of the said Estate to the said Richard Watt were carried into effect: And whereas the Benefice with Cure of Souls of the Parish of Bishop JHurton aforesaid is a Vicarage in the Patronage of the said Dean and Chapter, and the net yearly Income of the said Benefice, according to the Return made to the Ecclesiastical Commissioners in the Year One thousand eight hundred and thirty-one, is One hundred and ten Pounds; And whereas the said Dean and Chapter are desirous of augmenting the Income of the said Vicarage of Bishop Burton, and have therefore.proposed that in case the said Sale shall be completed the Sum of One thousand Pounds, Part of the said Purchase Money of Fifteen thousand five hundred Pounds, shall, be paid to the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy, in order that the same may be applied by such Governors fqr the Augmentation of the said Vicarage ; and the said Dean and Chapter are desirous, that in case the said Sale shall be* completed the Sum of Fourteen thousand five hundred Pounds, the Residue of the said Purchase Money, shall be paid over to the Persons herein-after authorized to receive the Money directed, to ' be raised under the Provisions of this Act, (in order that the same may be applied for the Purposes of this Act in manner herein-after mentioned,) and shall be considered as a Loan by the said Dean and Chapter out of their common Estate to the said t)ean and Chapter in'their Character of Trustees of the said Estates called Saint Peter'i Estalte and the Fabric Estate, to be repaid out of the Rents and Profits of the same last-mentioried Estates by, Instalments. 504 5 & 6 VICTORIA, Cap. 19. Instalments without Interest in the Manner herein-after expressed; and that the Money to be so repaid shall be laid out in the Purchase of other Lands or Hereditaments, to be held upon the same Trusts and for the same Purposes as the said Estate at Bishop Burton would have for the Time being been subject to in case this Act had not been passed and the Lease of the said Estate had expired; and that until the said Money shall be so laid out,'the annual Produce thereof shall be applicable in the same Manner as the Rents and Profits of the Hereditaments to be purchased therewith would for the Time being be applicable: And whereas the several Purposes aforesaid cannot be effected without the Authority of Parliament: May it therefore please Your Majesty, on the humble Petition of the said Dean and Chapter, that it may be enacted ; and be it 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 Author Power to the "ty f t'ie same,- That it shall be lawful for the said Dean and Dean and Chapter of the said Cathedral and Metropolitical Church oi Saint Chapter to Peter of York, and their Successors, to borrow and take up at iiTooiK Interest, in the Manner next herein-after...

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