Accommodation to be provided for of the incumbent, patron, and ordinary, to take, hold, and V. Provided also, and it is hereby further enacted and declared, that in every parochial church or chapel hereafter to be erected, ample provision shall be made for the decent persons re- and suitable accommodation of all persons, of what rank or sorting to church, &c. degree soever, who may be entitled to resort to the same, and whose circumstances may render them unable to pay for such accommodation. Rights of giving or devising not affected. VI. Provided also, that nothing in this act contained shall be construed to take away or abridge any right of giving or devising which already exists in any person whatsoever. c. 108. 51 GEORGE III. cap. 115. An Act for amending the Act Forty-third George Third to 43 Geo. 3, WHEREAS by an act passed in the forty-third year of his present Majesty's reign, intituled "An act to promote the building, repairing, or otherwise providing of churches and chapels, and of houses for the residence of ministers, and the providing of churchyards and glebes," it was enacted, That every person and persons having in his or their own right any estate or interest in possession, reversion, or contingency of or in any lands or tenements, or of any property of or in any goods or chattels, should have full power, licence, and authority, by deed enrolled, in such manner, and within such time as is directed in England by the statute made in the twenty-seventh year of the reign of King Henry the Eighth, and in Ireland by the statute made in the tenth year of the reign of King Charles the First, for enrolment of bargains and sales; or by his, her, or their last will or testament in writing, duly executed according to law, such deed or such will or testament being duly executed three calendar months at least before the death of such grantor or testator, including the days of the execution and death, to give and grant to and vest in any person or persons, or body politic or corporate, and their heirs and successors respectively, all such his, her, or their estate, interest, or property in such lands or tenements not exceeding five acres, or goods and chattels, or any part or parts thereof, not exceeding in value five hundred pounds, for or towards the erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the said united church are or shall be used or observed, or any mansion-house for the residence of any minister of the said united church, officiating or to officiate in any such church or chapel, or of any outbuildings, offices, churchyard, or glebe for the same respectively, and to be for those purposes applied according to the will of the said benefactor in and by such deed enrolled, or by such will or testament, executed as aforesaid, expressed (the consent and approbation of the ordinary being first obtained), and in default of such direction, limitation, or appointment, in such manner as shall be directed and appointed by the patron and ordinary, with the consent and approbation of the parson, vicar, or other incumbent; and such person and persons, bodies politic and corporate, and their heirs and successors respectively, should have full capacity and ability to purchase, receive, take, hold, and enjoy for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons as shall be willing to sell or aliene to such person or persons, bodies politic or corporate, any lands or tenements, goods or chattels, without any licence or writ of ad quod damnum: And whereas doubts have arisen whether the powers and provisions of the said act will enable his Majesty to make any such grant for the purposes before mentioned: And whereas it is expedient that the powers of the said act should be extended for that purpose; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority His Ma vest lands in any or any house for the resi dence of a minister. of the same, that the King's most excellent Majesty, his jesty may heirs and successors, shall have full power, licence, and authority, by deed or writing under the great seal, or under person for the seal of his duchy and county palatine of Lancaster, to building or repairing give and grant and vest in any person or persons, bodies any church politic or corporate, and their heirs and successors respecor chapel, tively, all such his, her, or their estate, interest, or property in any lands or tenements within the survey of the Court of Exchequer, or of the duchy of Lancaster, for or towards the erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the said united church are or shall be used or observed, or any mansion-house for the residence of any minister of the said united church officiating or to officiate in any such church or chapel, or of any outbuildings, offices, churchyard or glebe for the same respectively, and to be for those purposes applied in and by such deed as aforesaid expressed, the consent and approbation of the ordinary being first obtained, and such person and persons, bodies politic and corporate, and their heirs and successors respectively, shall have full capacity and ability to receive, take, hold, and enjoy, for the purposes aforesaid, any lands or tenements, notwithstanding the statute of mortmain, or the act of the first year of her late Majesty Queen Anne, intituled "An act for the better support of her Majesty's household, and the honour and dignity of the crown," or any other act or acts, or other imNo grant pediment or disability whatsoever: Provided always, that nothing in this act contained shall extend or be construed to extend to enable his Majesty, his heirs and successors, to grant more than five acres in any one grant for any of the purposes aforesaid, or to alter or amend any of the provisions of the said act of the forty-third year of his present Majesty, which are not herein before specially named and mentioned. Any person II. And be it further enacted, by the authority aforesaid, having the that it shall be lawful for any person or persons, bodies fee simple politic or corporate, seised of or entitled to the entire and absolute fee simple of any manor, by deed, under the hand and seal, or hands and seals, of any such person or persons, and under the seal or seals of any such body or bodies ecclesias politic or corporate, and enrolled in the Court of Chancery, 1 Anne, c. 7. to exceed acres. of any manor may grant to grant to the rector, vicar, or other minister of any parish tical purchurch and his successors, or to the curate or minister of poses. any chapel and his successors, any parcel or parcels of land not exceeding in the whole the quantity of five statute acres, parcel of the waste of such manor, and lying within the parish where such church or chapel shall be or shall be intended to be erected, or within any extra-parochial district wherein any such chapel shall be or shall be intended to be erected, for the purpose of erecting thereon or enlarging any such church or chapel, or for a churchyard or buryingground, or enlarging a churchyard or burying-ground for such parish or extra-parochial place, or for a glebe for the rector, vicar, curate, or other minister of any such church or chapel, to erect a mansion-house or other buildings thereon, or make other conveniences for the residence of such rector, vicar, curate, or other minister, freed and absolutely discharged of and from all rights of common thereon, and any statute prohibiting any alienation in mortmain, or other statute, law, or custom to the contrary notwithstanding: Provided always, that no grant whatsoever shall be made of Grants reany land whatsoever, for any of the purposes authorized by stricted to parochial this act, unless the church or chapel, for the benefit whereof, churches or of the minister whereof, such grant shall be made, shall or chapels. be a parochial church or chapel for the service of the united church of England and Ireland, duly authorized by law, or a church or chapel duly consecrated for the service of such church, or erected or to be erected for such purpose, by and with the licence and consent of the ordinary of the diocese wherein the same shall be. 55 GEORGE III. cap. 147. 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 and Glebe Lands, and for purchasing and annexing Lands to become Glebe in certain Cases, and for other purposes. WHEREAS in divers ecclesiastical benefices, perpetual curacies, and parochial chapelries, the glebe lands, or some part or parts thereof, lie at a distance from and are inconvenient to be occupied with the parsonage or glebe houses; and the parsonage or glebe houses of divers benefices, perpetual curacies, and parochial chapelries, are mean, and inconvenient; and it would often tend much to the comfort and accommodation, and thereby also to promote the residence of the incumbents of such benefices, perpetual curacies, and parochial chapelries, if the glebe lands and parsonage or glebe houses thereof could be by law exchanged for other lands of greater value, or more conveniently situated, and for other and more convenient houses: And whereas there are also divers lands and tenements which have been accustomed to be granted or demised by the incumbent for the time being of certain ecclesiastical benefices, perpetual curacies, or parochial chapelries, for one, two, or three lives, or for a term or terms of years absolutely or determinable on a life or lives, as being holden by copy of court roll or otherwise, under some manor or lordship belonging to such benefices, perpetual curacies, or parochial chapelries, and it would therefore be advantageous to the said benefices if the same lands and tenements, or some of them, or some part thereof, were annexed as glebe to the living or benefice to which they belong: May it therefore please your Majesty that it 6 Amended by 56 Geo. 3, c. 52; 1 Geo. 4, c. 6; 6 Geo. 4, c. 8. |