SUMMARY of the various Powers possessed by an Incumbent of dealing with the Possessions of his Benefice in the way of Mortgage-Sale-Exchange -and Gift; and also of the means which he possesses of acquiring property by Purchase-Exchange—and Benefaction.

SUMMARY of Powers of Mortgage.

A BENEFICE may be mortgaged for the following purposes:

(1.) FOR BUILDING, rebuilding, or repairing house of residence and offices.

By the Incumbent, with consent of patron and ordinary, under 17 Geo. III. c. 53; 21 Geo. III. c. 66; 1 & 2 Vict. c. 23.

By the Bishop or other Ordinary, with consent of patron, under 17 Geo. III. c. 53, sect. 8.

By the Bishop, after the next vacancy, subsequent to the passing of the act, without consent of patron or incumbent, under 1 & 2 Vict. c. 106, sects. 62 et seq.

(2.) FOR PURCHASING a house of residence and buildings.

By the Incumbent, with consent of patron and ordinary, under 17 Geo. III. c. 53, sect. 10; 1 & 2 Vict. c. 23.

By the Bishop, after the next vacancy, subsequent to the passing of the act, without consent of patron or incumbent, under 1 & 2 Vict. c. 106, sect. 70.

(3.) FOR PURCHASING land with or without buildings thereon, to the extent of twenty acres, where the existing glebe does not exceed five acres, with a view to the building of a residence house, or the enlargement of the glebe, for actual occupation by the incumbent.

By the Incumben. with consent of patron and bishop, under 55 Geo. III. c. 147, sects. 6 and 7.

(4.) FOR PURCHASING a site for a house of residence. By the Incumbent, with consent of patron and ordinary, under 1 & 2 Vict. c. 23, sect. 1.

By the Bishop, after the next vacancy, subsequent to the passing of the act, without consent of patron or incumbent, under 1 & 2 Vict. c. 106, sect. 70.

By the Incumbent, by act 28 & 29 Vict. c. 69.

1. For all the purposes for which he is by former acts anthorized to borrow.

2. For the purpose of purchasing any lands or hereditaments, not contiguous to or desirable to be used or occupied with the parsonage house or glebe belonging to such benefice.

3. For the purpose of building any offices, stables, or outbuildings, or fences, necessary for the occupation or protection of such parsonage.

4. For the purpose of restoring, rebuilding, or repairing the fabric of the chancel of the church of such benefice where the incumbent is liable.

5. For the purpose of building, improving, enlarging,
or purchasing any farm-house, or farm-buildings,
or labourers' dwelling-houses, belonging to or
desirable to be acquired for any farm or lands
appertaining to such benefice.

6. And the act allows the sum to include the amount
of the charges and expenses of the architect or
surveyor, and also the costs and expenses of and
incidental to the preparation of the mortgage
deed, and of and incidental to any purchase
authorized by former acts or this act.
Note. As to benefices augmented by the Eccle-
siastical Commissioners, no mortgage can be made
by an incumbent without their consent. See
5 & 6 Vict. c. 26, sect. 13.

tions for

Whenever money for any of the above purposes is Applicaproposed to be borrowed of the governors of Queen loans by Anne's Bounty, application should be made to their governors

of Queen

Anne's

Bounty to

bo mado to their solicitor.

solicitors, Messrs. Burder and Dunning, No. 27, Parliament Street, S.W., who will immediately supply printed instructions; it is wholly unnecessary, therefore, to specify them in this work.

1 & 2 Vict. c. 23, ss. 7, 8, 9.

SUMMARY of Powers of Sale by Incumbents.

1. Sale of house of residence, &c.

2. of houses on glebe, other than the house of residence.

3.

4.

པ་

6.

7.

8.

9.

10.

11.

12.

13.

15.

of glebe lands or tithes.

of lands, &c., acquired by means of Queen Anne's Bounty.

of land to the extent of twelve acres, with house of residence.

of land for enlarging a churchyard.

of land for the site of a church, burialground, &c.

of land, &c., for residence of minister of a new church.

of land for a new or additional burial-ground. of sites for churches, churchyards, and par

sonages.

of land for a site for a house of residence. of tithe rent-charge.

of lands and hereditaments under the land

tax redemption acts.

of land for site of a school.

of messuages, buildings, and lands for various purposes authorized by several Acts of Parliament relating to incumbents of benefices.

16. of lands, &c., under the general leasing act. (1.) HOUSE OF RESIDENCE and appurtenances, with or without land contiguous, may be sold when inconveniently situated, or for other good reasons. (1 & 2 Vict. c. 23.)

of act as

to sale.

This act (sect. 7) provides, that where the residence Provisions house, gardens, orchard, and appurtenances belonging to any benefice, shall be inconveniently situate, or for other good and sufficient reasons it shall be thought advisable to sell and dispose thereof, it shall be lawful for the incumbent, with the consent of the ordinary and patron, and of the archbishop of the province, to be signified by their executing the deed of conveyance, absolutely to sell and dispose of such house, gardens, orchard, and appurtenances, any or either of them, with any land contiguous thereto not exceeding twelve acres, 1 & 2 Vict. 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, to convey and assure such premises to the purchaser.

c. 29.

of purchase

chase or

a house or

By sect. 8, the purchase-money is to be paid to the Payment governors of Queen Anne's Bounty; and (by sect. 9) is to be applied by them, after payment of the costs and money, and applicaexpenses of the sale, in or towards the erection or pur- tion of it in chase of some other house and offices, or the purchase the purof an orchard, garden, and appurtenances, or land for erection of the site of a house, any or either of them, together purchase with land contiguous thereto, and not exceeding twelve of a site,&c. acres, suitable for the residence and occupation of the incumbent of such benefice, and approved of by the ordinary and patron, whose written approval is to be deposited in the registry of such ordinary; and such house is from thenceforth to be deemed the house of residence of such benefice for all purposes whatsoever.

The 25th section of the act 1 & 2 Vict. c. 106, enacts 1 & 2 Vict. that the provisions of the act 1 & 2 Vict. c. 23, in re- g. 25. c. 106, gard to the sale of the house, &c., of a living, and the application of the proceeds of the sale, shall apply to the case of a benefice divided or separately endowed under Sale of the Church Building Acts, and a benefice disunited house on under the provisions of the act 1 & 2 Vict. c. 106, and union of

the dis

a united benefice.

2 & 3 Vict.

c. 49, ss.

that the proceeds may be applied in or towards the erection or purchase of a house, &c., for the residence of an incumbent within each of the parishes so disunited, or each division of a benefice so divided, in such proportions as may be approved of by the archbishop of the province, the patron, ordinary, and incumbent, and confirmed by the Queen in council.

[See instructions for the exercise of powers of sale; and as to the money arising by the sale, see title "Appropriated Money."]

(2.) GLEBE HOUSES AND BUILDINGS with the appur17, 18, 19. tenances, not being the house of residence, may be sold when old and ruinous, or for other good reasons. (2 & 3 Vict. c. 49.)

Provisions of act as to sale.

Payment

of purchase

money.

By the 17th section of this act it is enacted, that in any case in which any dwelling-house, shop, 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 be lawful for the incumbent of such benefice, with the consent and approbation of the ordinary and patron, and of the archbishop of the province (to be signified in the manner prescribed by the act 1 & 2 Vict. c. 23), 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, 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.

The purchase-money in this case is to be paid (sects. 18 and 19) to the governors of Queen Anne's Bounty, and thereupon becomes appropriated money in the hands of the said governors.