PARTI. and the said mortgage of the said living is, pursuant to and CLASS by virtue of the said last mentioned Act, to be and remain IV. in force as a security for the yearly payments hereby agreed Stat. 5 to be made, as well as for payment of the interest arising G. 4. c. 89. on the said mortgage, and with all the powers and remedies No. 9. No. 10. 55 G. 3. c. 147. for enforcing the same given by the said first mentioned Act, until the money borrowed on the said mortgage, and all interest for the same, and also all costs and charges which shall be occasioned by the nonpayment thereof, shall be fully paid and discharged. Dated the of in the year one thousand eight hundred Anno 6 GEO. IV. Cap. 8. day An Act to amend and render more effectual an Act passed in the Fifty-fifth Year of the Reign of his late Majesty, for enabling Spiritual Persons to exchange their Parsonage Houses or Glebe Lands; and for other Purposes therein mentioned. [23d March 1825.] WHEREAS an Act was passed in the fifty-fifth year of the reign of his late Majesty King George the Third, intituled An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses, or Glebe Lands, belonging to their Benefices, for others of greater value, or more conveniently situated for their Residence and Occupation; and for annexing such Houses and Lands, so taken in Exchange, to such Benefices or Parsonage or Glebe Houses and Glebe Lands; and for purchasing and annexing Lands to become Glebe in certain cases; and for other PurSect. 16. poses: And whereas it is by the recited Act enacted, That the Bishop shall, in cases of exchange and purchase under the said Act, issue a Commission of Inquiry, for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a Barrister of three years' standing at the least, to be named by the Senior Judge of Nisi Prius for the county in which the benefice, perpetual curacy or parochial chapelry, whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said Act shall be situate; but inasmuch as the nomination of such Barrister by a Judge of Nisi Prius is not applicable to the counties PalaChief Justine of Lancaster and Durham; Be it therefore enacted by tice of C. P. the King's most excellent Majesty, by and with the advice Palatine of and consent of the Lords Spiritual and Temporal, and for County Lancaster PART I. CLASS No. 10. Stat. 6 Commons, in this present Parliament assembled, and by the authority of the same, That where any exchange or purchase shall be made, or proposed to be made, under the authority of the said Act, in any benefice, perpetual curacy or parochial chapelry, situate within the said counties Pala- G. 4. c. 8. tine of Lancaster or Durham, such Barrister shall be named or Durham by the Chief Justice or Senior Judge for the time being of to act in the Court of Common Pleas for the said counties Palatine cases of exchange or respectively. purchase II. And whereas it is expedient that the Incumbents of under rebenefices, perpetual curacies and parochial chapelries, cited Act. should be enabled to exchange the glebe lands belonging to their benefices, perpetual curacies, or parochial chapelries, to a greater amount than thirty statute acres; Be it therefore enacted, That from and after the passing of this Power to Act, the power to exchange glebe lands for others of equal exchange glebe lands value, which is given to Parsons, Vicars and other Incum- for others bents by the above recited Act passed in the fifty-fifth year extended to of the reign of his late Majesty King George the Third, be any number extended to any number of statute acres, but subject to all subject to the provisions, conditions and restrictions contained in the 55 G. 3. c. above recited Act, and also to those in another Act passed 147, and 56 in the fifty-sixth year of his late Majesty's reign, intituled An Act to amend and render more effectual an Act passed in the last Session of Parliament, for enabling Spiritual Persons to exchange their Parsonage Houses or Glebe Lands, and for other Purposes therein mentioned. of acres, G. 3. c. 52. III. And whereas, by the said recited Act of the fifty-55 G. 3. c. fifth year of the reign of his late Majesty King George 147. sect.6. the Third, the powers of exchange thereby given are limited to such houses, outbuildings, yards, gardens and appurtenances and lands, to be accepted and taken in exchange by the Spiritual Persons therein named, as are of freehold tenure, or copyhold of inheritance, or for life or lives, holden of any manor belonging to the benefice in respect of which any such exchange is intended to be made: and whereas it may happen that such exchanges may sometimes be beneficially made where the lands or tenements so to be accepted and taken in exchange are copyhold of inheritance, holden of some manor not belonging to the benefice in respect of which such exchange is intended, and without injury to the Lord or Lords, Lady or Ladies of such manor: Be it therefore enacted, That from and after the Exchanges passing of this Act it shall and may be lawful for the Par- may be son, Vicar, or other Incumbent for the time being of any lands or ecclesiastical benefice, perpetual curacy or parochial cha- tenements made for that are copyhold, and not held of a manor belonging to the benefice, &c.; No. 10. sent of Lord of PART I. pelry, to grant and convey, in the manner, and by and CLASS under the several powers, provisions, conditions and reIV. strictions contained in the said Act, and in the said Act of Stat. 6 the fifty-sixth year of the reign of his said Majesty, and in G. 4. c. 8. this Act, to any such person or persons, or corporation, as in the said first mentioned Act are described, any such lands or tenements as are described in the same Act, belonging to his benefice, in lieu of and in exchange for any lands or tenements of the description mentioned in the said first mentioned Act, as those which are thereby authorized to be accepted and taken in exchange by any such Parson, Vicar or other Incumbent, although such last mentioned lands or tenements may be copyhold of inheritance holden of a manor not belonging to such ecclesiastiwith con- cal benefice, perpetual curacy or parochial chapelry: Provided always, that no such exchange be made without the consent of the Lord of the Manor of which the lands to be Lands, &c. taken in exchange are holden: Provided always, that from so taken by and immediately after such conveyance, the lands or teneIncumbent ments accepted and taken in exchange by any such Parson, Vicar or other Incumbent, shall become and be of freehold premises tenure, and the lands or tenements by him granted and granted by conveyed, and which before such conveyance belonged to his benefice, perpetual curacy or parochial chapelry, shall become copyhold of the said manor, and subject to the same rents, fines, services, customs and manorial rights and properties, to all intents and purposes, as the lands or tenements so to be accepted and taken in exchange were Notice of subject to before the making of such exchange: Provided exchange. always, that from and after the passing of this Act, three calendar months' notice shall be sufficient for the purpose of any exchange or purchase, instead of six calendar months, as by the said Act of the fifty-fifth year of the reign of his said late Majesty is required. to become freehold, him, copyhold. No. 11. 17 G. 3. c. 53. Anno 7 GEO. IV. Cap. 66. An Act to render more effectual the several Acts now in force to promote the Residence of the parochial Clergy, by making Provision for purchasing Houses and other necessary Buildings for the use of their Benefices. [26th May 1826.] WHEREAS in and by an Act of Parliament, passed in the seventeenth year of the reign of his Majesty King IV. George the Third, intituled An Act to promote the Residence PART I. of the Parochial Clergy, by making Provision for the more CLASS speedy and effectual building, rebuilding, repairing or pur- No. 11. chasing Houses and other necessary Buildings and Tene- Stat. 7 ments for the Use of their Benefices, it was enacted, That G. 4. c. 66. where new buildings were necessary to be provided or Sect. 10. erected for the habitation and residence of the Rector, Vicar, or other Incumbent of any ecclesiastical living, parochial benefice, chapelry or perpetual curacy, pursuant to the authority thereby given, it should be lawful for the Ordinary, Patron and Incumbent of every such living or benefice to contract, or to authorize, if they should think fit, the person to be nominated under the provisions of the said Act to contract, for the absolute purchase of any house or buildings in a situation convenient for the habitation and residence of the Rector, Vicar or other Incumbent of such living or benefice, and not at a greater distance than one mile from the church belonging to such living, and also to contract for any land adjoining or lying convenient to such house or building, or to the house or building belonging to any parochial living or benefice having no glebe lying near or convenient to the same, not exceeding the quantity thereby limited, and to cause the purchase money for such house or buildings to be paid out of the money to arise under the powers and authorities of the said Act; in all which cases the said buildings and lands should be conveyed to the Patron of such living or benefice, and his heirs, in trust for the sole use and benefit of the Rector, Vicar or other Incumbent of such living or benefice for the time being, and their successors, and should be annexed to such church or chapel, and be enjoyed and go in succession with the same for ever; but no contract so made by the Nominee should be valid until confirmed by the Ordinary, Patron and Incumbent, by writing under their hands; and every such purchase deed was to be in the form or to the effect contained in the Schedule to the said Act annexed, and should be registered in such manner and in such office as other deeds were thereby directed to be registered: And whereas an Act was passed in the twenty- 21 G. 3. c. first year of the reign of his said late Majesty, to explain 66. and amend the said first mentioned Act: And whereas in and by an Act of Parliament passed in the forty-third year 107. of his said late Majesty's reign, intituled An Act for effectuating certain Parts of an Act passed in the second and third years of the reign of her late Majesty Queen Anne, intituled "An Act for the making more effectual her 43 G. 3. c. PART I. Stat. 7 Majesty's gracious intentions for the augmentation of "the maintenance of the poor Clergy, by enabling her Majesty to grant in perpetuity the Revenues of the First "Fruits and Tenths, and also for enabling any other perG. 4. c. 66." son to make grants for the same purpose," so far as the same relate to Deeds and Wills made for granting and bequeathing Lands, Tenements, Hereditaments, Goods and Chattels to the Governors of the Bounty of Queen Anne, for the purposes in the said Act mentioned; and for enlarging Sec. 3. the powers of the said Governors: it was enacted, That where a living should have been or should be augmented by the said Governors, either by way of lot or benefaction, and there was no parsonage house suitable for the residence of the Minister, it should be lawful for the said Governors, and they were thereby empowered, from time to time, in order to promote the residence of the Clergy on their benefices, to apply and dispose of the money appropriated for such augmentation, and remaining in their hands, or any part thereof, in such manner as they should deem most advisable, in or towards the building, rebuilding or repurchasing a house and other proper erections within the parish, convenient and suitable for the residence of the Minister thereof, which house should for ever thereafter be deemed the parsonage house appertaining to such living to all intents and purposes whatsoever: And whereas in and by an Act of Parliament passed in the fifty-fifth year of the reign of his 55 G. 3. c. said late Majesty, intituled An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses or Glebe Lands belonging to their Benefices for others of greater value, or more conveniently situated for their Residence and Occupation; and for annexing such Houses and Lands so taken in exchange to such Benefices, as Parsonage or Glebe Houses or Glebe Lands; and for purchasing and annexing Lands to become Glebe in certain cases; and Sect. 12. for other purposes: it was enacted, That from and after the passing of the said Act it should be lawful to and for any owner or owners of any messuages, buildings, lands or hereditaments, whether such owner or owners should be a corporation sole or aggregate, or tenant or tenants in fee simple, or in fee tail general or special, or for life or lives, and for the guardians, trustees or feoffees for charitable or other uses, husbands or committees of or acting for any such owner or owners as aforesaid, who at the time of making any exchange or purchase authorized by the said Act should be respectively infants, feme-coverts or lunatics, or under any other legal disability, or otherwise disabled to 147. |