and to be by them appro cular benefice on account of chaser or purchasers shall be in any wise bound or concerned 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 as 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 sale as aforesaid (subject nevertheless, in priated to the case of any lands or hereditaments which shall have been the parti- appropriated or annexed to any benefice by or with the concurrence of the said governors of the bounty of Queen Anne, to any stipulation or agreement which the said governors in their discretion may think proper to make for payment therehave been out of the costs and expenses of such sale or sales or any received, and to be part thereof) shall be appropriated by the said governors to subject, in the particular benefice to which the hereditaments comprised regard to in such sale shall have previously belonged, and shall be the appli- applicable and disposable by them for the benefit and aug which the same shall cation thereof, to mentation of such benefice in such and the same manner, powers, re said governors. all the and with such and the same powers of investment, and other gulations, powers and authorities, in all respects, according to the rules &c., of the 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, 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. Who are to XX. And be it enacted, that in any case in which upon consent as the sale of any such lands or hereditaments as aforesaid the patrons. 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 of such benefice shall be a minor, idiot, lunatic, or feme covert, then and in every such case the consent required by this act on the part of the patron of such benefice 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 Definition of so much of the act as relates to the sales of land and other of the term "benefice." 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. patron is under the XXII. And be it further enacted, that in any case under How conthe herein before recited acts (except the act passed in the sent of first and second years of her present Majesty's reign, chapter in certain one hundred and six), or of this act, where the patronage of cases to be any rectory, vicarage, perpetual curacy, district parish cha- given pelry, district chapelry, or place, shall be in the crown, or the recited act. 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 To what act is to 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 places the 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. extend. Endow ments ac cepted under 2 & 3 Vict. c. 49, by the governors of Q. A. B. to be (except in 3 & 4 VICTORIA, cap. 20. Part of an Act to amend an Act passed in the First Year of the Reign of his late Majesty King George the First, intituled "An Act for rendering more effectual her late Majesty's gracious Intentions for the Augmentation of the Maintenance of the poor Clergy, and to render valid certain Agreements which have been made in pursuance of the said Act;" and for other Purposes. V. AND whereas by an act passed in the second and third years of the reign of her present Majesty (chapter 49), intituled, "An act to make better provision for the assignment of ecclesiastical districts to churches or chapels augmented by the governors of the bounty of Queen Anne, and for other purposes;" after reciting that it was expedient to make provision for the more permanent security of the endowments and emoluments which should have been, or might hereafter special be, provided for the use or benefit of any church or chapel, cases) subject to whether built, acquired, or appropriated, or to be built, acthe same quired, or appropriated, under the authority of certain acts rules as if therein recited or referred to, or of any of them, or under any other authority, or for the use or benefit of the incumpropriated bent of any such church or chapel, or of the spiritual person by the governors. serving the same, it was enacted, that it should and might they had been ap be lawful for the said governors of the bounty of Queen Anne to accept, take, and hold any such endowments and emoluments upon the trusts, and for the intents and purposes for which the same should have been or might thereafter be given or granted by the person or persons providing the same, in like manner as any such endowments or emoluments might then be taken or held by any private trustees or trustee, and that it should and might 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 same trusts, and for the same intents and purposes as the same, previously to such assignment and transfer, were held by such trustees or trustee : And whereas it is expedient to make such further provision as is hereinafter contained for the application and disposition of all endowments and emoluments, accepted by or assigned to, or to be accepted by or assigned to the said governors, under the aforesaid provisions of the last recited act; be it therefore further enacted, that all endowments and emoluments whatsoever, already accepted or taken by, or assigned or transferred to, or to be hereafter accepted or taken by, or assigned or transferred to the said governors under the aforesaid provisions of the last recited act, and the money, stocks, parliamentary or other funds or securities, land, hereditaments, or other property, of which the same respectively may consist, shall, so far as circumstances will permit, and subject and without prejudice to the trusts, intents, and purposes upon and for which the same shall have been given or granted by the person or persons providing the same, be appropriated by the said governors to the particular benefice for which the same respectively shall have been provided, and 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 in the purchase of land and exchange for other lands and hereditaments, and otherwise, and other powers and authorities, in all respects according to the rules, orders, and constitutions, for the time being, in force for the management of the bounty of Queen Anne, as if the money, stock, land, hereditaments, or other property, of which such endowments and emoluments may respectively consist, had been originally provided or appropriated by the said governors out of the funds at their disposal, for the benefit and augmentation of the same. benefice. Minor 3 & 4 VICTORIA, cap. 113. Part of an Act to carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues. XLVI. AND be it enacted, that no minor canon hereafter to canons not be appointed in any cathedral or collegiate church shall be to hold any allowed to take and hold together with his minor canonry any beyond six benefice beyond the limit of six miles from such church'. benefice miles. Augmen and chap 1 & 2 Wm. be made with con LXXVI. And be it declared and enacted, that nothing in tation by this act or in the said first recited act contained shall be bishops construed to prejudice or affect any of the provisions of an ters, under act passed in the second year of the reign of his late Majesty the act King William the Fourth, intituled, "An act to extend the 4, c. 45, to provisions of an act passed in the twenty-ninth year of the reign of his Majesty King Charles the Second, intituled, 'An gent of ec. act for confirming and perpetuating augmentations made. clesiastical by ecclesiastical persons to small vicarages and curacies,'" and for other purposes, or of the act therein recited: provided nevertheless that after the passing of this act no augmentation made under such provisions by any bishop, or by any chapter whose revenues are affected by this act, or the said first recited act, shall be valid and effectual, without the consent of the ecclesiastical commissioners for England. commis. sioners. 4 & 5 VICTORIA, cap. 38. An Act to afford further Facilities for the Conveyance and WHEREAS it is expedient that greater facilities should be 1 See also sect. 15 of 4 & 5 Vict. c. 39. 2 See act 7 & 8 Vict. c. 37, and act 12 & 13 Vict. c. 49. |