Measure, 1923. benefice for augmentation as aforesaid, the Ecclesiastical Commissioners shall give notice in writing to the patrons of the benefices to be included in the union that there is or may be surplus revenue available for augmentation under this section, and shall consider any representation which may be made by any of the said patrons as to the benefice or benefices to be selected for augmentation or as to the division of the surplus revenue between the selected benefices if more than one: Provided also that save with the consent of the patron no severance or diversion as aforesaid of any endowment or property of a benefice shall be made so as to deprive the benefice, or the united benefice of which it is to form part, of any revenue other than and except revenue arising from endowment which belonged to the benefice prior to the 1st day of January, 1800, or arising from property representing any such endowment which shall have been sold, exchanged or otherwise dealt with since that date, and except revenue representing improved annual value arising from any sale, lease, or other disposition under the Ecclesiastical Leasing Acts of any property of the benefice, whether acquired before or after the date aforesaid, to the extent to which the revenue of the benefice has been thereby improved. (2) The powers conferred by this section shall continue to be exercisable in regard to the revenues and endowments of the benefices comprised in a Scheme of union after the Scheme shall have been affirmed by Order in Council and the Order published in the London Gazette until the happening of the event or contingency upon which the union is to come into operation. as to disposal of revenues. 16. (1) Where under any of the provisions of this Further Measure it is proposed to make any division or distribu- provisions tion of the endowment or property of any benefice or to sever or divert from the benefice any part of such endowment or property, such division, distribution, severance or diversion may be effected either wholly or in part by the transfer of any specific part or parts of such endowment or property or by the creation of any rentcharge or rentcharges or other annual sum or sums issuing out of or charged upon the said endowment or property, or some part or parts thereof, or by any other means approved by the Ecclesiastical Commissioners. And accordingly where any portion of the endowment or Apportionment of charges and incumbrances on endow ments. Measure, 1923. property of any benefice is to be appropriated for the benefit of any other benefice such appropriation may be carried out by annexing to such other benefice a specified part of such endowment or property or by creating and annexing to such benefice any rentcharge or annual sum as aforesaid. (2) Any Scheme under this Measure recommending the creation of a rentcharge shall contain all such powers for recovering the rentcharge by distress upon or perception of the rents and profits of any hereditaments to be charged therewith or otherwise or for the immediate or prospective apportionment of the rentcharge, or for other purposes in relation thereto as to the Ecclesiastical Commissioners shall seem reasonable and proper. (3) Where any Scheme shall provide for the creation of any rentcharge or annual sum or the transfer of any endowment or property and the annexation thereof to any benefice, the rentcharge, annual sum, endowment or property to be created or transferred and annexed to such benefice shall when and so soon as the provisions of the Scheme in relation to such annexation come into operation and without any further assurance become and be for ever annexed thereto, and shall, together with, in the case of any rentcharge, all powers for recovering the same or relating thereto, be vested in and held and enjoyed by the incumbent for the time being of the said benefice as the endowment or part of the endowment thereof, subject and without prejudice nevertheless to all leases, grants, rentcharges or incumbrances, if any, then existing and legally affecting the property charged with such rentcharge or comprised in such transfer. 17. In any case where it is proposed by any Scheme under this Measure to deal with any endowment of a benefice which is subject to first-fruits or tenths or any mortgage, charge or other incumbrance by reason whereof the incumbent is liable for the payment of any principal money or interest or any annual or other periodical sum, and the Ecclesiastical Commissioners shall consider it expedient to apportion such liability, provision may be made in the Scheme for apportioning the incumbrance, both as regards the moneys payable or to become payable thereunder or in respect thereof, and also as regards the property comprised therein or subject thereto, in such manner as the Ecclesiastical Commissioners shall think Measure, 1923. proper: Provided that, except where the incumbrance shall be a charge forming part of the provision or endowment of some other benefice, no such apportionment shall be made without the consent in writing of the incumbrancer. CURATES AND ASSISTANTS IN BENEFICES UNITED. for united 18. Any Scheme for the constitution of an united Curates benefice whether by an union of benefices or by an union and other of any part or parts of any benefice with any other assistants benefice or benefices may provide that a curate or a or enlarged specified number of curates be appointed to assist the benefice. incumbent in performing the duties of the united benefice, or that provision be made either in addition to or without any proposal for the appointment of a curate or curates for assistance to be given to the incumbent of the united benefice by other clergy or by lay workers, and in any such case (a) the Scheme may contain directions as to all or any of the following matters, that is to say, as to the place of residence of each or any curate so recommended, as to the church to be served by him, as to the placing of any area or district under his immediate care or supervision, as to his stipend, and as to the remuneration to be allowed for assistance by other clergy or by lay workers, and may provide for any other matter affecting the incumbent in relation to any such curate or curates or assistants as aforesaid; and (b) the bishop shall in respect of any and every curacy recommended by the Scheme have the like powers of requiring the nomination of and of appointing and licensing a curate, and of assigning a stipend to such curate as are conferred by section thirteen of the Pluralities Act Amendment Act, 1885, in the cases therein mentioned, but without regard to the annual value or population of the united benefice, subject nevertheless to the like right of appeal as is allowed by that section: Provided that any curate so appointed by the bishop shall hold his curacy subject to the provisions (if any) relating thereto contained in the Scheme and that a stipend may be assigned to him by the Appropriation of fund for payment of curates' stipends. Power to direct the pulling down, sale and appropriation of Measure, 1923. bishop up to the amount (if any) specified in the Scheme in respect of such curacy notwithstanding that the same may exceed the stipend assignable under the above-mentioned statutory power; and (c) the Scheme may provide for any part of the endowment of the united benefice being appropriated as a fund whereof the income shall be applicable in such manner as shall be specified by the Scheme for or towards payment of the stipend or stipends of the curate or any of the curates to be appointed thereunder, or payment of the expenses of providing such assistance by clergy or lay workers as may be thereby recommended, and the Scheme may direct that the said fund shall be held and administered by the incumbent but shall be applicable only for the purposes aforesaid, or that the income of the said fund may be received by the incumbent as part of the income of the united benefice subject to and charged with payment of such stipend or stipends or expenses as aforesaid, or may contain such other directions in relation to the said fund and the administration thereof as to the Ecclesiastical Commissioners shall seem proper: Provided always that the Ecclesiastical Commissioners may at any time or times, with the consent of the bishop and the patron of the benefice, by an instrument under the seal of the Ecclesiastical Commissioners, determine annul such appropriation as to the whole of the fund, or any part thereof, and thereupon the fund or such part of the fund, as the case may be, shall revert to and be held as part of the endowment of the benefice free from the purposes of such appropriation. or PULLING DOWN, SALE AND APPROPRIATION OF CHURCHES, 19. (1) Any Scheme of union may (subject to the restrictions hereinafter contained) provide for the erection of any new church or parsonage house, or for the pulling down, in whole or in part, or removal of any existing church or parsonage house within any benefice proposed Measure, 1923. and other to be included in any union of benefices or within any surperfluous parish or place proposed to be included in any union of churches, parishes, and for the appropriation or sale of the materials parsonages, and site of the same respectively and of the ground, or property. part of the ground, annexed or belonging thereto or for the sale or exchange of any parsonage or glebe houses or other buildings and the sites and grounds thereof, or for the appropriation of any church, or the portion thereof left standing for other purposes as hereinafter mentioned, or (subject as hereinafter provided in respect of the font, communion table and plate used for the purposes of Holy Communion) for the appropriation of any plate or furniture belonging to or held in trust for any church proposed to be pulled down, or to be appropriated to secular uses, and for the disposal of the organ in any such church or for arrangements with respect to fees, also for the transfer of any lectureship attached to any such church (but not so as to affect the right of appointment to the lectureship), or for compensation to parish clerks and other officers, or for the adjustment of private rights, or for compensating any incumbent who may be willing to resign in order to accelerate the union. disused church. (2) Where under or in consequence of any proceedings Scheme for under any Act of Parliament or for any other reason any appropria church shall have ceased to be used or be no longer tion of any required for purposes of Divine Service, and the provisions of the last preceding subsection shall not be applicable thereto, the Ecclesiastical Commissioners may, with the consent of the bishop of the diocese, prepare and submit for affirmation to His Majesty in Council, in manner and in accordance with the procedure herein before authorised and directed, a Scheme under this Measure providing (subject to the restrictions hereinafter contained) for the pulling down in whole or in part or removal of such church, and for the appropriation or sale of the materials and site of the same, and of the ground or any part of the ground annexed or belonging thereto (not being ground forming part of a churchyard which shall have been used for burials), or for the appropriation of the church, or the portion thereof left standing for educational or charitable or other purposes as hereinafter mentioned, or for any other matter incidental to such pulling down, removal, sale, or appropriation. Any proposal under this subsection may be made by a separate Scheme |