time arising or accruing therefrom or thereupon but subject nevertheless to the provisions contained in the said Acts with respect to making a certain portion of the improved value arising to the said benefice from the said sales and lease payable to us for the benefit of our common fund to be applied as in the said Acts mentioned.
"And whereas the improvement in the annual value of the said benefice arising from or by means of the said sales and lease has exceeded the annual sum of nine hundred pounds and after the appropriation hereinafter recommended to us, the said Ecclesiastical Commissioners, for the benefit of our common fund the average annual income of the said benefice will not be left at a less sum than six hundred pounds.
"Now therefore we, the said Ecclesiastical Commissioners, humbly recommend and propose that as from the date of the next vacation of the said benefice the sum of eight thousand pounds India three pounds per centum stock being a portion of the sum of thirteen thousand eight hundred and seventy-nine pounds eight shillings and five pence India three pounds per centum stock hereinbefore mentioned shall cease to be held by us for the benefit of the Rector or Incumbent of the said benefice and shall be held by us for the benefit of our common fund and to be applied as in the said Acts mentioned. Provided always that in the event of the present Incumbent of the said benefice retiring therefrom under the provisions of the Incumbents Resignation Acts, 1871 and 1887, and being allowed a pension out of the revenues of the benefice there shall be paid by us to his successors Incumbents of the said benefice out of the income arising from the funds hereinbefore recommended to be transferred to us but for so long only as such pension shall remain payable a yearly sum amounting to the same proportion of the pension as is the income arising from the transferred stock of the net annual value of the benefice at the time of such retirement to be determined in accordance with the provisions of the Resignation Acts, and in case of any difference as to the amount of such net annual value the decision of us the said Ecclesiastical Commissioners shall for this purpose be final and binding upon all persons affected thereby.
"And we further recommend and propose that nothing herein contained shall prevent us from recommending and proposing any other measures relating to the matters aforesaid or any of them in accordance with the provisions of the said Acts or of either of them or of any other Act of Parliament"
And whereas the notice of the foregoing scheme, which is required by the hereinbefore mentioned Acts, has been given by the said Commissioners to the Patron of the said benefice of Finchley, and the said Patron has not made any objection to the said scheme.
And whereas the said scheme has been approved by His Majesty in Council: now, therefore, His Majesty, by and with the advice of His 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 His 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.
At the Court at Buckingham Palace, the 22nd day of November, 1909.
PRESENT,
The KING's Most Excellent Majesty in Council
WHEREAS the Ecclesiastical Commissioners for England have, in pursuance of the Act of the fifth sixth years
of Her late Majesty Queen Victoria, chapter one hundred and eight, and of the Act of the twenty-first and twenty-second years of Her said late Majesty, chapter fifty-seven, which Acts are known as the Ecclesiastical Leasing Acts, duly prepared and laid before His Majesty in Council a scheme bearing date the fourth day of November, in the year one thousand nine hundred and nine, in the words following, that is to say:—
"We, the Ecclesiastical Commissioners for England, in pursuance of the Act of the fifth and sixth years of Her late Majesty Queen Victoria, chapter one hundred and eight, and of the Act of the twenty-first and twenty-second years of Her said late Majesty, chapter fifty-seven, which Acts are known as 'The Ecclesiastical Leasing Acts,' have prepared and now humbly lay before Your Majesty in Council the following scheme relating to the rectory and parish of Middleton, in the county of Lancaster and diocese of Manchester.
"Whereas the annual value of the benefice of Middleton, that is to say, of the rectory of the parish of Middleton aforesaid (hereinafter called the said benefice), has been improved by means of certain leases and sales of the glebe lands of the said benefice which leases and sales were carried out under the authority of the said Acts by former Rectors or Incumbents of the said benefice of Middleton.
"And whereas the purchase money received in respect of the sales of the said glebe lands and made payable to us, the said Ecclesiastical Commissioners, has from time to time as the same has been received by us been invested in accordance with the provisions in that behalf contained in the said Acts, and of such investments there remain standing in the name of us, the said Ecclesiastical Commissioners, a sum of eight thousand eight hundred and fourteen pounds nineteen shillings and uinepence India three pounds per centum stock, which said sum of stock is now held by us in trust to pay the Rector or Incumbent for the time being of the said benefice the annual interest or dividends from time to time arising or accruing therefrom or thereupon but subject nevertheless to the provisions contained in the said Acts with respect to making a certain portion of the improved value arising to the said benefice from the said leases and sales payable to us for the benefit of our common fund to be applied as in the said Acts mentioned.
"And whereas the improvement in the annual value of the said benefice arising from or by means of the said leases and sales exceeds the annual sum of eight hundred pounds and after the appropriation hereinafter recommended to us, the said Ecclesiastical Commissioners, for the benefit of our common fund of a portion, namely, eight thousand three hundred and thirty-three pounds six shillings and eightpence of the sum of stock hereinbefore mentioned the average annual income of the said benefice will not be left at a less sum than six hundred pounds.
"And whereas the said benefice was vacated on the fifth day of April one thousand nine hundred and nine by the death of the Reverend Thomas Ebenezer Cleworth, late Rector or Incumbent thereof.
