acquired, or appropriated, or to be built, acquired, or appropriated under the authority of the said recited acts or of any of them, or under any other authority, or for the use or benefit of the incumbent of any such church or chapel, or of the spiritual person serving the same; be it therefore enacted, that it shall and may be lawful for the said governors of the bounty of Queen Anne to accept, take, and bod any such endowments and emoluments upon the trusts and for the intents and purposes for which the same shall have been or may hereafter be given or granted by the person or persons providing the same, in like manner as any such endow ments or emoluments may now be taken or held by any private trustees or and trustees of trustee; and it shall and may be lawful for any trustees or trustee of any such endowments or emoluments to assign and transfer the same to the said governors of the bounty of Queen Anne, to be held and applied by them upon the we trusts and for the same intents and purposes as the same previously to such assignment and transfer were held by such trustees or trustee; provided always, that no such gift, grant, assignment, or transfer shall be made to the said governors of the bounty of Queen Anne until by an instrument in writing under their common send they shall have signified their consent to accept the same. such endow STAT. 2 & 3 accept endow ments for churches and chapels built under powers of the Church Building Acts; ments may assign them to the said go vernors; subject to consent. Money provided for such endowments to be paid to the treasurer of the said governors, and his receipt to be a good discharge. Governors of Queen Anne's bounty may lay out at in terest any pur chase monies paid to them under the Act 1 & 2 Vict. c. 23, and appropriate any surplus of such purchase monies to the benefice on account of which the monies shall have been received. "XIII. And be it further enacted, that in all cases in which such consent of the said governors of the bounty of Queen Anne shall have been so given, the money provided for such endowments shall be paid to the treasurer for the time being of the said governors: and the receipt or receipts of such treasurer shall be effectual discharges or an effectual discharge for so much money as in such receipta or receipt shall be expressed, to the person or persons paying the same, and after obtaining such receipts or receipt the person or persons paying such money shail be absolutely discharged from all liability touching such money, and from ali trusts relating thereto. "XIV. And whereas by an act passed in the first year of the reign of her present majesty, (chapter twenty-three,) intituled, 'An Act to amend the Law fr providing fit Houses for the Beneficed Clergy,' (an omission in which was supplied by another act passed in the same session of parliament, chapter twenty-nine,) it was enacted that the monies to arise from the sale or sales of the residence bine, gardens, orchards, and appurtenances, and lands, belonging to any benefice by the said act under certain circumstances authorized to be sold, should be paid to the said governors of the bounty of Queen Anne, to be by them, with the consent of the ordinary and patron, applied and disposed of in or towards the erection or perchase of some other house and offices, or the purchase of an orchard, garden, and appurtenances, or land for the site of a house, any or either of them, together with land contiguous thereto, and not exceeding twelve acres, suitable for the resileree and occupation of the incumbent of such benefice: and whereas the said act makes no provision for authorizing the said governors to lay out at interest the purchas monies which in any case shall be paid to them under the authority thereof, a the meantime and until such monies shall be applied and disposed of according to the directions of the said act, nor for the application of the surplus of such memes in case the same monies shall not be wholly applied and disposed of to the parposes contemplated by the said act; be it therefore enacted, that it shall be lawtal for the said governors and they are hereby required to lay out and invest the sa purchase monies which shall from time to time come into their hands under and by virtue of the said act in the purchase of such stocks, funds, and securities, and at such rate of interest, as they shall think proper, and shall from time to tize receive the dividends and interest which shall become payable in respect thermif, and add the same by way of accumulation to the principal, and so from time to time so long as the same shall remain in their hands, or until the same, or so much thereof as shall be required, shall have been applied and disposed of by the governors in the manner and for the purposes in the said act mentioned; and further, that in case, after the complete execution of the duty or trust imposed on the said governors by the said act of parliament, or of so much thereof as shall be n their power, any sum of money shall remain in their hands undisposed of, sarh surplus shall be appropriated by the said governors to the particular benefice on account of which the same shall have been received, and shall be applicable and disposable by them for the benefit of such benefice, in such and the same manner, and with such and the same powers of investment, and other powers and authorities in all respects, according to the rules and regulations of the said governors for the time being, as if the said monies, or the stocks or funds which might be purchased therewith, had been appropriated by the said governors to such benefice out of the general funds and profits of the said governors, or otherwise, for the benefit and augmentation thereof. STAT. 2 & 3 "XV. And whereas some of the lands and hereditaments which were formerly purchased by the governors of the said bounty, or were otherwise appropriated or annexed, by or with the consent or concurrence of the said governors, to particular benefices, for the augmentation thereof, are situate at an inconvenient distance from the benefices to which they respectively belong, and in such and some other special cases a sale of the lands and hereditaments which have been or may hereafter be so appropriated or annexed may be deemed advantageous; be it therefore enacted, that in every case where any lands or hereditaments which, in consequence of any purchase, allotment, benefaction, donation, or exchange, or otherwise howsoever, shall have been appropriated or annexed to any benefice for the augmentation thereof, by or with the concurrence of the said governors of the bounty of Queen Anne, are situate elsewhere than within the parish or parishes of such benefice, or sorne adjoining parish or parishes, it shall be lawful for the incumbent of such benefice, (with the consent of the said governors of the bounty of Queen Anne, and of the ordinary and patron of such benefice, to be testified as hereinafter mentioned,) absolutely to sell and dispose of the said lands or hereditaments, or any part thereof, to any person or persons whomsoever, either together or in parcels, and either by public sale or by private contract, for such sum or sums of money as to the said governors, ordinary, and patron shall seem fair and reasonable; and upon payment of the purchase money for the same, as hereinafter directed, by deed indented, or in the case of any lands or hereditaments of copyhold or customary tenure by surrender or other customary mode of assurance, to convey and assure the lands or hereditaments comprised in such sale unto and to the use of the purchaser or purchasers thereof, his, her, or their heirs, executors, administrators, or assigns respectively, or as he, she, or they shall direct or appoint; provided How consents always, that the consent of the said governors, patron, and ordinary to every such to be testified. sale shall be testified by their respectively executing the deed or other assurance by which the lands or hereditaments comprised in such sale shall be conveyed or assured; except that in the case of any lands or hereditaments of copyhold or customary tenure which shall be conveyed or assured by surrender such consent may be testified by any writing under the corporate seal, or the hand and seal, (as the case may be,) of each of the consenting parties, which writing shall be produced to the lord or steward of the manor of which the said premises shall be holden, and shall be a sufficient authority to him for accepting from the incumbent and other necessary parties a surrender of the same premises, and such writing shall be entered with the surrender upon the court rolls of the said manor. "XVI. And be it further enacted, that in every case where any lands or hereditaments which shall have been so appropriated or annexed to any benefice as aforesaid shall be situate within the parish or parishes of such benefice, or some adjoining parish or parishes, but on account of any special circumstance or circumstances a sale of the said lands or hereditaments, or any part thereof, shall be deemed advantageous, it shall be lawful for the incumbent of such benefice, with the consent of the said governors of the bounty of Queen Anne, and of the ordinary and patron of such benefice, to be testified as aforesaid, and with the further consent of the archbishop for the time being of the province in which such benefice is situated, to be testified in like manner, to sell and dispose of and convey and assure the said lands or hereditaments, or any part thereof, in such manner as is is hereinbefore directed or authorized with respect to any such lands or hereditaments where the same shall not be situate within any such parish or parishes as aforesaid. Power in certain cases and with certain sell lands pur- Power in certain special cases to sell lands so purchased or annexed. STAT. 2 & 3 VICT. C. 49. Power of sale given by 1 & 2 Vict. c. 23, extended. Purchase monies to be paid to the governors of the bounty of Queen Anne; and to be by them appropriated to the particular benefice on ac count of which the same shall have been received, and to be subject, in regard to the application thereof, to all governors. Who are to consent as patrons. "XVII. And whereas it is expedient that the power which by the said act of the first and second years of the reign of her present majesty is given to the incumbent of a benefice, with the consent and approbation of the ordinary and patron thereof and of the archbishop of the province, to sell the residence house, gardens, orchard, and appurtenances belonging to his benefice, with land contiguous therete, not exceeding twelve acres, should be extended and made applicable to other houses and buildings belonging to any benefice under the circumstances hereinafter mete tioned; be it therefore enacted, that in any case in which any dwelling house, shp warehouse, or other erection or building (other than the house of residence) belonging to any benefice shall be so old and ruinous as that it would be useless or inexpedient to expend money in repairing and maintaining the same, or for other good and sufficient reasons it shall be thought advisable to sell and dispose of the same, it shall and may be lawful for the incumbent of such benefice and he s hereby authorized and empowered, with the consent and approbation of the ori nary and patron thereof and of the archbishop of the province, to be signified in the inanner prescribed by the last-mentioned act, absolutely to sell and dispose of such dwelling house, shop, warehouse, or other erection or building, with the yards, gardens, orchard, croft, and appurtenances thereto belonging, or any of them, to any person or persons whomsoever, either altogether, or in parcels, and for such sum or sums of money as to such ordinary, patron, and archbishop shall appear fair and reasonable, and upon payment of the purchase money for the same as hereinafter mentioned, by deed indented, or in the case of copyhold or customary hereditaments by surrender or other customary mode of assurance, to convey and assure the hereditaments which shall be so sold unto and to the use of the purchaser or purchasers thereof, his or their heirs or assigns, or as he or they shall direct or appoint. “XVIII. And be it further enacted, that the monies to arise from any sale or sales which shall be made under any of the provisions of this act shall be paid to the said governors of the bounty of Queen Anne, and that the receipts of the tressurer for the time being of the said governors shall be sufficient discharges for the said monies, or for so much thereof as in such receipts respectively shall be expresssed to be received, and shall effectually release and exonerate the person or persons paying the same from all responsibility in respect of the application there f; and further, that no purchaser or purchasers shall be in anywise bound or ecerned to ascertain or inquire whether any special circumstance or circumstances or reason or reasons shall exist on account of which any such sale or sales aforesaid may be deemed advantageous or advisable, or whether such circumstance or circumstances or reason or reasons shall be sufficient to authorize such sale or sales. "XIX. And be it enacted, that all the monies to arise from any such sale or sales as aforesaid, (subject nevertheless, in the case of any lands or hereditaments which shall have been appropriated or annexed to any benefice by or with the concurrence of the said governors of the bounty of Queen Anne, to any stipulatim or agreement which the said governors in their discretion may think proper to make for payment thereout of the costs and expenses of such sale or sales or any part thereof,) shall be appropriated by the said governors to the particular benefice to which the hereditaments comprised in such sale shall have previously belonged, and shall be applicable and disposable by them for the benefit and augmentation of such benefice in such and the same manner, and with such and the same powers of investment, and other powers and authorities, in all respects, according to the rais and regulations of the said governors for the time being, as if the said monies, ar the stocks or funds which might be purchased therewith, were then originally appropriated by the said governors to such benefice out of the general funds and profits of the said governors, or otherwise, for the benefit and augmentation thereof "XX. And be it enacted, that in any case in which upon the sale of any soch lands or hereditaments as aforesaid the patronage of the benefice to which the same shall belong shall be in the crown, or the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, or the patron đấ such benefice shall be a minor, idiot, lunatic, or feme covert, then and in every STAT. 2 & 3 such case the consent required by this act on the part of the patron of such bene- VICT. c. 49. fice shall and may be testified by the execution of such deed or assurance or other writing as aforesaid by such and the same persons as by the said act of the first and second years of the reign of her present majesty, chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein mentioned or referred to; and that in all other cases the consent required by this act on the part of the patron of any benefice shall be given by the person or persons who would be entitled to present or nominate or to collate to such benefice in case the same were actually vacant at the time of giving such consent. "XXI. And be it further enacted, that in the construction of so much of the act as relates to the sales of land and other hereditaments, and the application of the monies to arise therefrom, the word 'benefice' shall be taken to extend to and comprise all rectories with cure of souls, vicarages, perpetual curacies, and chapelries the incumbents of which respectively shall, in right thereof, be corporations sole. "XXII. And be it further enacted, that in any case under the hereinbefore recited acts, (except the act passed in the first and second years of her present majesty's reign, chapter one hundred and six,) or of this act, where the patronage of any rectory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall be in the crown, or the advowson and right of patronage thereof shall be part of the possessions of the duchy of Cornwall, or where the patron thereof shall be a minor, idiot, lunatic, or feme covert, then and in every such case the consent required by such acts on the part of the patron of any such rectory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall and may be testified in writing under the hands of such and the same persons as by the said act passed in the first and second years of the reign of her present majesty, chapter twenty-three, are in like cases directed or authorized to testify the consent of the patron to the exercise of the several powers given by the said act, or by certain other acts therein mentioned or referred to; and that in all other cases the consent required by the said recited acts (except as aforesaid) and this act on the part of the patron of any rectory, vicarage, perpetual curacy, district parish chapelry, district chapelry, or place shall be given by the person or persons who would be entitled to present or nominate or to collate thereto in case the same were actually vacant at the time of giving such consent, except so far as it is by any of such recited acts or this act otherwise expressly provided for. "XXIII. And be it further enacted, that this act shall extend only to that part of the United Kingdom called England and Wales, and to the isle of Man, and to the islands of Guernsey, Jersey, Alderney, and Sark." XLVII. STAT. 2 & 3 VICTORIE, c. 53 (1). A.D. 1839. “An Act to amend an Act of the last Session of Parliament for making temporary Provision for the Government of Lower Canada." "IV. And be it enacted, that from and after the passing of this act so much of the said recited act passed in the last session of parliament as provides that it shall not be lawful for any such law or ordinance as therein mentioned to repeal, suspend, or alter any provision of any act of the parliament of Great Britain, or of the parliament of the United Kingdom, or of any act of the legislature of Lower Canada, as then constituted, repealing or altering any such act of parliament, shall be and the same is hereby repealed: provided always, that it shall not be lawful for the said governor, with such advice and consent as aforesaid, to make any law or ordinance altering or affecting the temporal or spiritual rights of the clergy of the united church of England and Ireland, or of the ministers of any other religious communion, or altering or affecting the tenure of land within the said province of Lower Canada, or any part thereof, save so far as the tenure of land may be altered or affected by any law or ordinance which may be made by the said (1) Vide Stat. 3 & 4 Vict. c. 35. Definition of the term "benefice." How consent of patron is in certain cases to be given under the recited act. To what places the act is to extend. STAT. 2 & 3 Repeal of the c. 9, prohibit ing the alteration of acts of parliament; but no law to be made affecting the temporal or spiritual rights ecclesiastics, of ecclesia of tenure. STAT. 2 & 3 STAT. 2 & 3 5 & 6 Gul. 4, c. 30. 6 & 7 Gul. 4, c. 67. governor, with such advice and consent as aforesaid, to provide for the extinction of any seignorial rights and dues now vested in or claimed by the ecclesiastics of the seminary of Saint Sulpice of Montreal within the said province, or to provide for the extinction of any seignorial rights and dues vested in or claimed by any other person or persons or body or bodies corporate or politic, within the island of Montreal, or the island called Ile Jesus, within the said province." XLVIII. STAT. 2 & 3 VICTORIÆ, c. 55 (1). A.D. 1839. "An Act to suspend, until the first day of August, One thousand eight hundred and forty, certain Cathedral and other Ecclesiastical Preferments, and the Ope ration of the new Arrangement of Dioceses (2) upon the existing Ecclesiastical Courts." "Whereas an act was passed in the session held in the fifth and sixth years of the reign of King William the Fourth, intituled, 'An Act for protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Beneñces without Cure of Souls, and for preventing the Lapse thereof, during the pening Inquiries respecting the State of the Established Church in England and Wales? and whereas another act was passed in the following session, intituled, 'An Act for suspending for one year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories:' and whereas another act was 6 & 7 Gul. 4, passed in the same session, intituled, 'An Act for carrying into effect the Reporta c. 77. of the Commissioners appointed to consider the State of the Established Church m (1) Partially repealed by Stat. 3 & 4 Vict. c. 113, s. 60. Vide etiam Stat. 4 & 5 Vict. c. 39, s. 28. (2) Ecclesiastical Preferments, and . . . . . Arrangement of Dioceses:- and collegiate churches, and to sinecure rectories, 6 & 7 Gul. 4, c. 67. 7 Gul. 4 & 1 Vict. c. 71. 2 & 3 Vict. cc. 9 & 55. 5 & 6 Gul. 4, c. 30. 6 & 7 Gul. 4, c. 67. 7 Gul. 4 & 1 Vict. c. 71. 1 & 2 Vict. c. 108. 2 & 3 Vict. c. 55. 3 & 4 Vict. c. 113, s. 60. 4 & 5 Vict. c. 39, s. 28. 5 & 6 Vict. c. 112. 6 & 7 Gul. 4, c. 77. 7 Gul. 4 & 1 Vict. c. 71. 1 & 2 Vict. c. 108. 2 & 3 Vict. c. 55. 1 & 2 Vict. c. 106. 4 & 5 Vict. c. 39. 5 & 6 Vict.cc. 26, 58, 112. 6 & 7 Vict. c. 60. 2 & 3 Vict. c. 14. 7 & 8 Geo. 4, c. 25. 7 & 8 Geo. 4, c. 25. 9 Geo. 4, c. 94. 2 & 3 Vict. c. 55. E E E E B. E. E |
