CXVI. THE ADVOWSON OF ST. PETER'S, LIMEHOUSE.

The Incumbent of this cure is to receive, under Part II., sec. 2, of the Order in Council, a rent charge, first, of 192l. 9s. 10d., on the avoidance of John B. Deane, and an additional rent charge of 400l. (making together 592l. 9s. 10d.), on the avoidance of Dr. Cox.

The patronage of this cure is also vested in the Company by Part III., sec. 3, of the Order.

The church is also to be built out of the proceeds of the sale of St. Martin's (upon a site vested in the Ecclesiastical Commissioners), under Part V., sec. 7.

CONTENTS OF ORDER IN COUNCIL.

Part I.

Part II.

Part III.

Part IV.

Part V.

At the Court at Windsor, the 5th day of May 1873.

Present, The Queen's Most Excellent Majesty in Council.

Whereas the Ecclesiastical Commissioners for England have, in pursuance of the Act of the 13th and 14th years of Her Majesty, chapter 98, and of the Act of the 23rd and 24th years of Her Majesty, chapter 142, duly prepared and laid before Her Majesty in Council, a scheme, bearing date the 1st day of August, in the year 1872, in the words and figures following, that is to say:

"We, the Ecclesiastical Commissioners for England, in pursuance of the Act of the 13th and 14th years of your Majesty, chapter 98; and of the Act of the 23rd and 24th years of your Majesty, chapter 142, have prepared and now humbly lay before your Majesty in Council, the following scheme for uniting the benefice (being a vicarage), of Saint Helen, Bishopsgate, in the city of London, and in the diocese of London, with the benefice (being a rectory) of Saint Martin, Outwich, in the same city and diocese, and for effecting certain other measures hereinafter specified with respect to the said benefices.

"Whereas the Right Honourable and Right Reverend John, Bishop of the said diocese of London, has caused proposals for a scheme for effecting an union of the said two benefices to be laid before us, such proposals being prepared under the seventh and eight sections of the lastly-mentioned Act, and being finally approved by the said John, Bishop of London, and being assented to by the patrons and by the vestries of the parishes to be effected thereby, that is to say, by the said John, Bishop of London as patron in right of his see of the said vicarage of Saint Helen, Bishopsgate, and by the Master and Wardens of the Merchant Taylors of the Fraternity of Saint John the Baptist, in the city of London (who are hereinafter called the Merchant Taylors Company) as patrons of the said rectory of Saint Martin, Outwich, and by the vestries of the two parishes of Saint Helen, Bishopsgate, and Saint Martin, Outwich.

"And whereas it appears to us to be expedient that the said proposed union shall be effected.

"Now, therefore, with the consents of the said John, Bishop of London (testified by his having signed and sealed this scheme), and of the said Merchant Taylors Company (testified by their having sealed this scheme with their common or corporate seal) and of the vestry of each of the said two parishes of Saint Helen, Bishopsgate, and St. Martin, Outwich (testified in the case of each vestry by the signature attached to this scheme, in pursuance of a resolution to that effect of the chairman of a vestry meeting duly convened for the purpose of giving such consent), we, the said Ecclesiastical Commissioners, humbly recommend and propose all that is in this scheme set forth under the several parts or headings hereinafter mentioned, as follows:—

"Part I.

"As to the said proposed union itself and the immediate incidents thereof, we recommend and propose:—

"1. That the said benefice of Saint Helen, Bishopsgate, and the said benefice of Saint Martin, Outwich, shall be united and consolidated into and shall become and be one benefice by the name and style of 'The United Rectory of Saint Helen, Bishopsgate, with St. Martin, Outwich.'

"2. That if, when this scheme shall have been ratified and confirmed by an Order of your Majesty in Council, (fn. 1) both of the said present benefices shall be full, then that the union shall take effect upon the next vacancy of the said benefice of Saint Helen, Bishopsgate, if the incumbent for the time being of the said benefice of Saint Martin, Outwich, shall consent to become the incumbent of the united benefice, and that he shall be the first incumbent of the united benefice; but if he shall not so consent, then that the union shall take effect immediately upon the first vacancy of the benefice of Saint Helen, Bishopsgate, which shall happen after the avoidance of the said benefice of Saint Martin, Outwich, and the then incumbent of the said benefice of Saint Martin, Outwich, shall be the first incumbent of the united benefice; and that in any case it shall be lawful for the Bishop to admit to the united benefice such first incumbent (if an incumbent for the time being of either of the existing benefices) without any form or fee of presentation, and he shall thereupon become the incumbent of the united benefice; and that until the time of the union taking effect, the said two present benefices shall remain separate, and the rights and liabilities of each of them, and of the incumbent of each of them as such, shall remain unaffected.

"3. That if after this scheme shall have been ratified and confirmed as aforesaid, the present incumbents of the present benefices continuing to be the incumbents thereof respectively, the present incumbent of Saint Helen, Bishopsgate, shall retire from the incumbency of that benefice in order that the union may take immediate effect, and the present incumbent of Saint Martin, Outwich, shall be willing to become the first incumbent of the united benefice, the said present incumbent of the bene fice of Saint Helen, Bishopsgate, shall be entitled, during the period hereinafter specified, to receive out of the annual income of the united benefice, and by way of compensation, the yearly sum of 42l. 9s. 10d. (being a sum equal to the present net annual value of the endowments annexed to his incumbency), and also the Easter Offerings rendered in that portion of the united benefice which shall consist of or represent the present benefice of Saint Helen, Bishopsgate, and also the further annual sum of 300l.; which annual sums of 42l. 9s. 10d., and 300l., shall respectively commence as from the day on which the union shall take effect, and shall be payable by equal quarterly payments in every year, the first quarterly payment to become due at the end of three calendar months next after the day on which the union shall take effect. The said annual sum of 42l. 9s. 10d., and the Easter Offerings above-mentioned, shall be respectively payable to the said present incumbent of Saint Helen, Bishopsgate, during the joint lives of himself and the present incumbent of Saint Martin, Outwich; and the said annual sum of 300l. shall be payable to the present incumbent of Saint Helen, Bishopsgate, so long as he shall be able and ready and willing to perform in person, or by a substitute to be approved by the Bishop of London, the duties of curate of the united benefice; and whilst he shall so perform the duties of such curate he shall be styled and called the vicar in charge of the united benefice, but the performance of such duties by the vicar in charge shall not affect the obligation of the incumbent of the united benefice to reside on the benefice, unless such residence shall be duly dispensed with by licence from the Bishop, and such annual sums and Easter Offerings shall continue payable until the quarter-day next after the avoidance of the united benefice by such first incumbent thereof (being the present incumbent of Saint Martin, Outwich).

"4. That if such first incumbent of Saint Martin, Outwich, shall vacate the united benefice during the life of the present incumbent of Saint Helen, Bishopsgate, the annual sums and Easter Offerings aforesaid shall continue payable to the present incumbent of Saint Helen, Bishopsgate, until such one of the quarterly days of payment of the said annual sums as shall first happen after the united benefice shall so become vacant, and shall then cease to be payable; and from and after such quarterly day the present incumbent of Saint Helen, Bishopsgate, shall be entitled in lieu thereof to receive the annual sum of 400l. during the remainder of his life, such annual sum of 400l. to be payable by equal half-yearly payments in every year, the first half-yearly payment thereof to begin and be made at the end of six calendar months next after the quarterly day on which the said annual sum of 42l. 9s. 10d., the said Easter Offerings, and the said annual sum of 300l. shall cease to be payable.

"5. That the said annual sum of 42l. 9s. 10d., and 300l., and 400l., respectively, shall be charged upon the annual income of the united benefice, and shall be payable out of the same by the incumbent for the time being of the united benefice; and that, as between the incumbent for the time being of the united benefice and the retiring incumbent and his assigns, the said annual sums and each of them shall be a first charge at law and in equity upon the income of the united benefice, the incumbent of which benefice shall be deemed to have accepted the same, subject to a trust to pay to the retiring incumbent or his assigns the said annual sums out of the income of such benefice, and for that purpose shall use all due diligence to receive and collect the income of the said united benefice; and that if such annual sum, or any part thereof, shall at any time be in arrear and unpaid for more than 21 days after any of the said half-yearly days of payment, and the fact of the same being so in arrear shall be verified by the declaration of the incumbent who shall have so retired or his assigns, or in such other manner as shall be required by the Bishop, then that it shall be lawful for the Bishop to make an order upon the incumbent for the time being of the united benefice, requiring him to pay the amount in arrear within a time to be specified in such order, and if the same be not paid within such period, then that it shall be lawful for the Bishop to sequester the profits of the benefice until all such arrears and the costs of the sequestration shall have been paid and satisfied; but that the power to be so conferred upon the Bishop shall not in anywise abridge or interfere with the rights of the incumbent who shall have so retired or his assigns to recover the said annual sums and all arrears thereof by proceedings at law or in equity, or with the legal and equitable rights of the incumbent for the time being of the united benefice to recover from the preceding incumbent of the united benefice, his executors or administrators, any arrears of the said annual sums which ought to have been paid by such preceding incumbent.

"6. That upon the union taking effect, the present church of the parish of Saint Helen, Bishopsgate, shall become, and thereafter continue to be, the parish church of the united benefice.

"7. That after the union shall have taken effect, the expense of maintaining the fabric of the parish church of the united benefice, and providing the things requisite for Divine service therein, shall be defrayed by the two parishes of the united benefice, and shall, as between the same two parishes respectively, be provided as if the same were one parish, subject, nevertheless, to the provisions of 'The Church Rates Abolition Act, 1868.'

"8. That upon the union taking effect, the sacramental plate used in the church of the parish of Saint Martin, Outwich, shall be transferred to the parish church of the united benefice, but that if the whole of the plate of the two churches be more than sufficient for such parish church, then the vestry of each parish shall be at liberty to select so much as it pleases of the plate originally belonging to its own parish, to be transferred to such other church or chapel within the diocese of London as the Bishop shall select, and that the font and communion table of Saint Mary, Outwich, shall be transferred to such other church or chapel within the diocese as the Bishop shall select.

"9. That upon the union taking effect, if the table of fees used in the two churches be alike in all particulars, the table of fees used in the church which will become the church of the united benefice shall (until revised or altered by proper authority) be the table of fees for the two parishes of the united benefice; but if such tables of fees be not alike in all particulars, then that the same shall be of no authority, and a new table of fees shall be made by the proper authority for the use of the united parishes as if the same were one parish.

"10. That upon the union taking effect, the persons who at that time shall hold the office of parish clerk of the parish of Saint Helen, Bishopsgate, and parish clerk of Saint Martin, Outwich, shall without any further appointment become the joint parish clerks of the united benefice; and that the persons who at the time of the union taking effect shall hold the office of sexton of the parish of Saint Helen, Bishopsgate, and sexton of the parish of Saint Martin, Outwich, shall, without any further appointment, become the joint sextons of the united benefice; and that upon the death, retirement, or removal of either of the joint parish clerks, the other of them shall become the parish clerk of the united benefice; and upon the death, retirement, or removal of either of the joint sextons, the other of them shall become the sexton of the united benefice; and that the parish clerk of the united benefice shall afterwards, upon any vacancy in that office, be appointed by the incumbent of the united benefice, and that any future vacancy in the office of sexton shall be filled up by the joint vestry of the two parishes of the united benefice.

"11. That upon the union taking effect, the persons who at that time shall respectively hold the offices of clerk and sexton of the parish of Saint Helen, Bishopsgate, and who shall respectively become one of such joint clerks or sextons of the united benefice shall respectively cease to hold the office of clerk or sexton respectively of such last-mentioned parish, and that the clerk so ceasing to hold such office shall by way of compensation, so long as he shall be one of the joint clerks of the united benefice, receive from the vestry of the parish of Saint Helen, Bishopsgate, during the pleasure of such vestry, a salary equal in amount to his present salary; and that in like manner the sexton so ceasing to hold such office, shall, by way of compensation, so long as he shall be one of the joint sextons of the united benefice, receive from the vestry of the parish of Saint Helen, Bishopsgate, during the pleasure of such vestry, a salary equal in amount to his present salary, and that in like manner the sexton so ceasing to hold such office, shall, by way of compensation, so long as he shall be one of the joint sextons of the united benefice, receive from the vestry of the parish of Saint Helen, Bishopsgate, during the pleasure of such vestry, a salary equal in amount to his present salary, the receipt of such salary, in the case of the said clerk and sexton respectively, to be conditional upon the performance by such clerk and sexton respectively of such duties appertaining to the office of parish clerk or (as the case may be) of sexton in the parish church of the united benefice, or otherwise connected with such parish church, and the performance of the services therein as the rector and churchwardens of the united benefice may from time to time require, but that no parish clerk or sexton of the united benefice shall have any larger estate or interest in his office than he possessed in his original office before the union.

"12. That so long as a salary shall, under the provisions of this scheme, be payable by the parish of Saint Helen, Bishopsgate, to one of the joint clerks of the united benefice, that parish shall not be required to contribute any proportion of the salary of the other of the joint clerks of the united benefice, and that in like manner, so long as a salary shall, under the provisions of this scheme, be payable by the last-mentioned parish to one of the joint sextons of the united benefice, that parish shall not be required to contribute any proportion of the salary of the other of the joint sextons of the united benefice; but that whilst such salaries, by way of compensation, shall continue payable to such joint clerk and joint sexton respectively, the salaries of the other joint clerk and joint sexton of the united benefice shall be paid exclusively by the parish of Saint Martin, Outwich.

"13. That upon the union taking effect, the persons who at that time shall respectively hold the offices of clerk and sexton of the parish of Saint Martin, Outwich, and who shall respectively become one of such joint clerks and joint sextons of the united benefice, shall respectively cease to hold the office of clerk and sexton respectively of such last-mentioned parish, and that the clerk so ceasing to hold such office shall, by way of compensation, so long as he shall be one of the joint clerks of the united benefice, receive from the vestry of the parish of Saint Martin, Outwich, so much as the same vestry shall see fit to apportion to him of the sum of 150l. which in the third section of the fifth part of this scheme it is recommended and proposed that we should pay to the said vestry, and that in like manner the sexton so ceasing to hold such office shall, by way of compensation, so long as he shall be one of the joint sextons of the united benefice, receive from the said last-mentioned vestry the remainder (after deducting the sum so to be apportioned to the clerk as aforesaid) of the same sum of 150l., the receipt by the said clerk and sexton of the sums so to be apportioned to them respectively to be conditional upon their undertaking to the satisfaction of the said vestry to perform such duties appertaining to the office of parish clerk or (as the case may be) of sexton in the parish church of the united benefice or otherwise connected with such parish church, and the performance of the services therein as the rector and churchwardens of the united benefice may from time to time require.

"14. That the present parsonage house of the said benefice of Saint Martin, Outwich, shall become and be the parsonage house of and for the united benefice.

"15. That upon the union taking effect as hereinbefore mentioned, all the properties which shall then constitute the endowments of the said present benefices of Saint Helen, Bishopsgate, and Saint Martin, Outwich, shall thereupon, without any conveyance or assurance in the law other than any duly gazetted Order of your Majesty in Council ratifying this scheme, become and be the endowments of the united benefice, subject, nevertheless, to the annual payment thereout of the said annual sums of 42l. 9s. 10d., and 300l., or, as the case may be, of 400l., which are respectively hereinbefore mentioned, and made payable out of the annual income of the united benefice, and subject also to the three several rent-charges hereinafter mentioned, and proposed to be created as hereinafter is specified, in favour of the three intended new cures hereinafter mentioned, and subject also and nevertheless to this further proviso, that is to say, provided always that if the Reverend John Bathurst Deane, Clerk, now incumbent of the said benefice of Saint Martin, Outwich, shall become the first incumbent of the united benefice, he shall be entitled to receive and retain during such his incumbency the whole of the annual income of the united benefice, subject only to the said annual payment thereout of the said annual sums of 42l. 9s. 10d., 300l., and 400l. (one or more of these sums), which are hereinbefore mentioned.

"Part II.

"As to the endowment of certain intended cures:—

"1. Whereas the aggregate endowments of the said present benefices of Saint Helen, Bishopsgate, and Saint Martin, Outwich, will, when they shall have become the endowments of the united benefice as hereinbefore recommended and proposed, be in our opinion more than sufficient for the due maintenance and support of the incumbent of the united benefice and of any assistant curate, or curates, who may be by him employed.

"And whereas we intend, so soon as conveniently may be, having regard to the contingencies affecting the provision of endowments for such new cures as hereinafter mentioned, and with such consent as by law is required, to recommend and propose to your Majesty in Council the formation of three new cures within the diocese of London, that is to say, of a new cure to be taken wholly or partly out of the existing cure of Saint Philip, at Dalston, and to be called the District of the Holy Trinity, Dalston; of a new cure to be taken wholly or partly out of the existing cure of Saint Dunstan, at Stepney, and to be called the District of Christ Church, Stepney; and of a new cure to be taken wholly or partly out of the existing cure of Saint Ann, at Limehouse, and to be called the District of Saint Peter, Limehouse.

"And whereas the recommendation and proposal next hereinafter made is in accordance with, and is contemplated by, the proposals upon which this scheme is based, for uniting the said two present benefices of Saint Helen, Bishopsgate, and Saint Martin, Outwich.

"2. Now, therefore, with respect to the endowments of the united benefice, we humbly recommend and propose:—

"That a specified part of such endowments, that is to say, that the sum of 2,250l. (fn. 2) per annum (being the amount of the annual fixed tithe payable under the provisions of 'The London City Tithes Act, 1864,' subject to revision as in the said Act provided), and now constituting the endowment of the present benefice of Saint Martin, Outwich, shall over and beyond all payments thereout in respect of the three temporary charges (or any of them) of 42l. 9s. 10d., 300l., and 400l. respectively hereinbefore mentioned, and also after and subject to such incumbency of the said John Bathurst Deane in the said united benefice as aforesaid, be subject to the three annual rent-charges next hereinafter specified, that is to say, to a rentcharge of 600l. per annum, commencing as from the day hereinafter in that behalf mentioned (being a day subsequent to that on which the said John Bathurst Deane shall have avoided the said incumbency of the said united benefice) in favour of the minister or incumbent of the said proposed district of the Holy Trinity, Dalston, and his successors; to a rent-charge of 300l. per annum, commencing as from the day hereinbefore and hereinafter in that behalf mentioned, in favour of the minister or incumbent of the said proposed district of Christ Church, Stepney, and his successors; and to a rent-charge of 192l. 9s. 10d., commencing as last aforesaid, in favour of the minister or incumbent of the said proposed district of Saint Peter, Limehouse, and his successors, such last-mentioned rent-charge, nevertheless, to be increased to 592l. 9s. 10d., when and so soon after the avoidance of the incumbency of the said united benefice by the said John Bathurst Deane, as the said annual sum of 400l. hereinbefore proposed to be made payable to the present incumbent of the benefice of Saint Helen, Bishopsgate, shall cease to be so payable; but if the said annual sum of 400l. shall before the same avoidance have already ceased to be payable, then such last-mentioned rent-charge to commence and continue at the full amount of 592l. 9s. 10d., each of the said three rent-charges to be payable half-yearly, and to arise and begin to accrue (subject as hereinbefore mentioned) as from the day of the date of the publication in the 'London Gazette' of the Order of your Majesty in Council, whereby the district in favour of the minister or incumbent of which such rent-charge is to arise and accrue shall be created, and no one of the said three rent-charges to have priority over any other of them; and the minister or incumbent in whose favour any one of the said three rent-charges shall have been created to have, and we hereby recommend and propose that he shall have, all such remedies for the recovery of such rent-charge, the same being in arrear 40 days, or upwards, after any half yearly payment thereof shall have become due, as landlords have for recovery of rent being in arrear and unpaid; but nevertheless, and we hereby also recommend and propose, that if any year the gross revenues of the said united benefice shall by means of variation in the amount of the said annual sum of 2,250l. tithe rent-charge be increased beyond the sum of 2,292l. 9s. 10d., or shall be diminished below that sum, then and in every such year the said three rent-charges of 600l., 300l., and 592l. 9s. 10d., and each of them, shall be increased, or (as the case may be) shall be reduced in proportion to their respective amounts in such manner that in that and every year the aggregate of the same three rent charges shall be equal to the excess of the total revenues of the said united benefice above the sum of 800l., the said three rent-charges if and whenever they be so reduced in amount to be receivable by the ministers or incumbents in whose favour they respectively arise and accrue in full substitution and satisfaction for the sums which, but for such reduction, would in that year have been receivable by them respectively.

"Part III.

"As to the patronage of the united benefice:—

"1. Whereas we intend with such consents as are by law required, and in consideration of the endowments to be provided as hereinbefore mentioned, to recommend and propose to your Majesty in Council that the patronage of the said intended new cure, to be called 'The District of Christ Church, Stepney,' shall be assigned to the Bishop for the time being of the said diocese of London, and that the patronage of the said intended new cures, to be called respectively 'The District of the Holy Trinity, Dalston,' and 'The District of Saint Peter, Limehouse,' shall, in like manner, be assigned to the said Merchant Taylors' Company and their successors.

"And whereas it is also a part of the consideration for such assignment in the case of the said intended district of Christ Church, Stepney, that the arrangement next hereinafter recommended and proposed should be effected.

"2. Now, therefore, with such consents, and so testified as aforesaid, we further recommend and propose that, as from the day on which the union hereinbefore proposed of the said two benefices of Saint Helen, Bishopsgate, and Saint Martin, Outwich, shall have taken full legal effect as hereinbefore mentioned, the patronage of the said benefice and vicarage of Saint Helen, Bishopsgate, which patronage is now vested in the Bishop of the said diocese of London and his successors, shall, without any conveyance or assurance in the law other than such duly gazetted Order of your Majesty in Council, as is hereinbefore mentioned, by virtue of which Order the said union will have been so effected, be transferred from the said John. or other the then Bishop of the said diocese of London, and from his successors, to and shall thereupon become and be absolutely vested in the said Merchant Taylors' Company and their successors in such wise, that as the patronage of the said benefice and rectory of Saint Martin, Outwich, is already vested in the said Merchant Taylors' Company and their successors, the whole advowson and patronage of the united benefice hereinbefore proposed to be created may be wholly and absolutely vested in the said Merchant Taylors' Company and their successors for ever.

"Part IV.

"As to the Church of Saint Martin, Outwich:—

"With respect to the church of the said present benefice of Saint Martin, Outwich, we recommend and propose upon the said union taking effect as aforesaid:

"1. That the same church shall (subject nevertheless to and in accordance with the provisions of the 17th section of the said Act of the 23rd and 24th years of your Majesty, chapter 142) be taken down, and its materials (except the glass in the east window) and site sold: the sale thereof, except so far as relates to that part of the premises which is to be purchased by the Commissioners of Sewers of the City of London under the provisions hereinafter proposed, to be by public tender or private contract, and to be made at one time, or at more than one time, as may be deemed most expedient by us, the said Ecclesiastical Commissioners, the pulpit, bells, clocks, organ, and other furniture, and fittings (other than the glass in the east window) being reserved to be appropriated (if required) for the use of such church or churches within the said diocese of London as the Bishop of the same diocese may select, but if the Bishop shall think it undesirable so to appropriate the same, then that the same (other than as aforesaid) be sold, and the produce dealt with in the same manner as the produce of the sale of the materials and site of the church.

"2. That before the said church of Saint Martin, Outwich, is taken down, the glass in the east window thereof (which represents the armorial bearings of patrons and rectors of the same church) shall be carefully taken out, and shall be inserted in some window of the church of Saint Helen, Bishopsgate, at the cost of the fund created or to be created by the produce of the sale of the materials and site of Saint Martin's Church.

"3. That before the site of the said church of Saint Martin, Outwich, shall be sold as aforesaid, the said Commissioners of Sewers of the City of London shall have the option of purchasing, at a price to be fixed as hereinafter mentioned, such a portion of the same site as the Surveyor of the said Commissioners of Sewers shall determine to be requisite or necessary for the purpose of widening the street fronting the said church of Saint Martin, Outwich, but the said Commissioners of Sewers shall declare such option within 14 days next after the Bishop of the diocese of London shall have notified to them that the time for declaring such option has arrived, and if the said Commissioners of Sewers shall elect to make such purchase as aforesaid, the land so purchased shall be appropriated to the purpose of widening the street above mentioned, and to no other purpose.

"4. That the Surveyor of us, the said Ecclesiastical Commissioners for England, and the Surveyor of the said Commissioners of Sewers, shall together determine and fix within 14 days next after the said Commissioners of Sewers shall have elected to purchase under the option aforesaid, the price to be paid by the said Commissioners of Sewers for the land so to be purchased, and the said two Surveyors shall, before they proceed to determine and fix such price as aforesaid, agree upon a third Surveyor to act as umpire between them, and to determine and fix the price as aforesaid, in case they are unable to agree, and the determination of such umpire shall be final, but if from any cause whatsoever the price to be paid as aforesaid by the Commissioners of Sewers for the land so to be purchased as aforesaid shall not have been determined and fixed, and shall not have been actually paid by the said Commissioners of Sewers before the expiration of two calendar months from the day on which the said Commissioners of Sewers shall have received notice from the Bishop as aforesaid, the option of purchase hereby proposed to be given to the said Commissioners of Sewers shall absolutely cease at law and in equity, and the site of the said church of Saint Martin, Outwich, and every part thereof, shall as from the expiration of the said two calendar months, be absolutely discharged from such option and from all right or claim of the said Commissioners of Sewers in respect thereof, and this provision shall take full effect notwithstanding that the cause of delay may have arisen from unavoidable accident.

"5. That the purchase money to be paid by the said Commissioners of Sewers for the land which they shall have the temporary option of purchasing as aforesaid shall, by the said Commissioners of Sewers, be paid to us the Ecclesiastical Commissioners for England, and the land to be therewith purchased shall, immediately after such payment, be conveyed to the said Commissioners of Sewers for the purpose aforesaid by us, under the authority of the Order of your Majesty in Council whereby this scheme will have been before such purchase ratified.

"Part V.

"As to the proceeds of the sale of Saint Martin, Outwich, Church:— (fn. 3)

"With respect to the monies to be realized by such sale or sales as aforesaid, of the materials, site, furniture and fittings (all or any of these things) of the said church of Saint Martin, Outwich, we recommend and propose:

"1. That, in the first place, such a sum as we may think necessary and reasonable shall be set apart by us out of the amount (so far as the amount can at the time of such setting apart be ascertained) of all monies received or receivable in respect of such sale or sales, and shall be added to the fund mentioned in the 22nd section of the hereinbefore mentioned Act of the 23rd and 24th years of your Majesty, chapter 142.

"2. That, in the next place, out of the monies received or receivable as aforesaid, there shall be purchased by us such an amount of £3 per Centum Consolidated Bank Annuities as will produce annual dividends or income to the amount of 252l., and that the dividends on the stock so purchased, that is to say a sum of 252l. per annum shall be paid by us as and when the same dividends shall become payable to the churchwardens for the time being of the parish of Saint Martin, Outwich, whose receipt shall be a sufficient discharge to us for every such payment; every sum so paid by us to be applied by the said churchwardens in payment of the annuities which for the time being may be payable under the provisions of a certain Act of Parliament passed in the 36th year of His late Majesty King George the Third, intituled 'An Act for Re- building the Parish Church of Saint Martin, Outwich, in Threadneedle Street, within the City of London,' and also, and equally in payment of a certain other annuity to commence and accrue as from the date of the publication in the 'London Gazette' of any Order of your Majesty in Council ratifying this scheme, to wit, an annuity of 34l. to be payable and paid halfyearly by the said churchwardens to Louisa England, the present Organist of the said church of Saint Martin, Outwich, during her life: Provided, nevertheless, that no such payment by us to the said churchwardens shall be held to create as against us any trust, except in respect of the said churchwardens only: And provided also, that we may, if we shall see fit, sell from time to time any part of the stock so to be purchased as aforesaid, and pay over to the said churchwardens the amount realized by such sale or sales of stock if and whenever we shall be requested by the said churchwardens so to do, and if we shall be satisfied that the money to be realized by such sale and so paid will be applied by the said churchwardens in redemption of the said annuities or some or one of them respectively:

"Provided also that if in any year the dividends for that year upon the stock then held by us under the investment aforesaid shall be more than sufficient (according to the testimony of the said churchwardens) to pay all the then subsisting annuities, the amount of the surplus shall be invested by us in the same securities and be added to the original principal sum thereof, and be subject to the provisions in this clause contained. And provided, lastly, that after the cesser, from whatever cause, of the said annuities, any balance remaining in our hands of the original and accumulated principal of the investment or investments made under this clause, shall be disposed of as in the 8th clause of this fifth part of this present scheme is provided with respect to the residuary monies therein mentioned.

"3. That, in the next place, out of or in respect of the monies received or receivable by or in consequence of such sale or sales as aforesaid of the materials, site, furniture or fittings of the said church of Saint Martin, Outwich, there shall be paid by us to the vestry of the said parish of Saint Martin, Outwich, a sum of 150l., to be by the said vestry applied and apportioned as in the 13th section of the first part of this scheme is provided.

"4. That, in the next place, out of or in respect of monies received or receivable by us as aforesaid from the sale of the materials, site, furniture or fittings of the said church of Saint Martin, Outwich, there shall be paid by us to the incumbent and churchwardens (whose receipt shall be a sufficient discharge to us for the same) of the said united benefice, a capital sum of 3,000l., the same capital sum or the interest thereof only, or some portion of the capital, with or without interest, to be applied by the said incumbent and churchwardens at their discretion in repairing and keeping in repair, the church of the united benefice, that is to say, the said church of Saint Helen, Bishopsgate, and in putting the same into a fit and proper condition to become the church of the united benefice as aforesaid, and in re-seating the same under the provisions of the 28th section of the said Act of the 23rd and 24th years of your Majesty, chapter 142.

"5. That, in the next place, out of the monies to be received by us as aforesaid, such a sum as we may consider sufficient shall be set apart by us for, and shall be applied at our discretion in, the erection of a church within and for the said intended district of the Holy Trinity, Dalston; such church to be erected upon a site which shall have been duly conveyed to us in the manner provided by law.

"6. That, in the next place, out of the monies to be received by us as aforesaid, such a sum as we may consider sufficient shall be set apart by us for, and shall be applied at our discretion in, the erection of a church within and for the said intended district of Christ Church, Stepney; such church to be erected upon a site which shall have been duly conveyed to us as last aforesaid.

"7. That, in the next place, out of the monies to be received by us as aforesaid, such a sum as we may consider sufficient shall be set apart by us for, and shall be applied at our discretion in, the erection of a church within and for the said intended district of Saint Peter, Limehouse; such church to be erected upon a site which shall have been duly conveyed to us as aforesaid.

"8. Provided always, and be it clearly understood, that with respect to the sums to be set apart and applied as aforesaid for and in the erection of churches for the said intended districts of the Holy Trinity, Dalston, Christ Church, Stepney, and Saint Peter, Limehouse, such sums shall be so set apart by us in the order in which the said proposed churches are hereinbefore mentioned, and shall be so set apart by us only if and when and so far as the monies actually in our hands in respect of the proceeds of the aforesaid sale or sales of the materials, site, furniture and fitting of the said church of Saint Martin, Outwich, shall be sufficient, having regard to the provisions of this scheme and of the said Act of the 23rd and 24th years of your Majesty, chapter 142, to provide the same. And provided also that interest at the rate of £3 per centum per annum shall be allowed by us upon any sums so set apart, and upon all balances from time to time in our hands applicable to the erection of the said churches, and all such interest shall be added to, and constitute part of the principal of the same sums. And provided also, that each of such sums so set apart when it has been increased by accumulation as aforesaid, and is therefore in excess of the sum set apart by us as sufficient for the purpose for which it was set apart may be by us reduced, if we shall see fit, to the amount originally set apart, but so that the surplus thus deducted may be by us, if we shall see fit, applied in aid of the sums or sum to be set apart and applied by us for and in the erection of the other two churches or one of them. And provided also, that if and when any of the said three sums shall have been by us set apart as aforesaid, the time for applying and expending the same sums or sum shall be ascertained by a certificate, to be addressed to us by the Bishop of the said diocese of London and by the Merchant Taylors' Company. And provided, lastly, that all (if any) monies which, after satisfying the several appropriations in this fifth part of this present scheme mentioned and recommended and proposed to be made, shall remain out of or in respect of the proceeds of the sale or sales of materials, site, furniture and fittings of the said church of Saint Martin, Outwich, shall be by us added to the sum to be set apart by us under the first clause of this fifth part of this present scheme, and shall be dealt with accordingly.

"9. And provided also, that the scheme hereby proposed shall not take effect until the consents and approval which, by the 17th section of the said Act of the 23rd and 24th years of your Majesty, chapter 142, are made requisite to the sale or letting or appropriation under the powers conferred by that Act, of the site of any church shall be obtained to the sale and appropriation hereby proposed of the site of the said church of Saint Martin, Outwich.

"10. And provided also, that nothing hereinbefore contained shall prevent us from hereafter recommending and proposing any other measures relating to the matters aforesaid, or any of them, in accordance with the provisions of the said Acts of Parliament, or of either of them, or of any other Act of Parliament."

And whereas the said scheme has been laid before both Houses of Parliament for the space of two calendar months.

And whereas the said scheme has been approved by Her Majesty in Council: now, therefore, Her Majesty, by and with the advice of Her said Council, is pleased hereby to ratify the said scheme, and to order and direct that the same, and every part thereof, shall be effectual in law immediately from and after the time when this Order shall have been duly published in the "London Gazette," pursuant to the said Acts; and Her Majesty, by and with the like advice, is pleased hereby to direct that this Order be forthwith registered by the Registrar of the said diocese of London.

Edmund Harrison.

Footnotes