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ance to be

registered.

Convey. such conveyance of any messuage, buildings, or lands, the purchase-money whereof shall be raised under the powers of the said act of the seventeenth year of his late Majesty's reign, shall be registered as by the said act is directed with respect to conveyances thereby authorized.

the map

tion veri

fied on oath and

Such mesII. Provided always, and be it further enacted, that in suages, lands, &c., every case in which any messuage, buildings, or lands shall to be sur- be sold under the authority of this act, by any owner or veyed, and owners, having any less estate or interest in the same than and valua- in fee simple, or by any corporation aggregate or sole, or person or persons, under any legal disability, a map and plan thereof, under an actual survey and a valuation thereof, shall preserved. be made and taken by some competent surveyor, and verified upon oath to be taken before some justice of the peace, which oath any justice of the peace is hereby authorized to administer; and such map, plan, and valuation, and the affidavit verifying the same, shall be annexed to and preserved with the conveyance.

Application of

purchase.

money.

III. Provided also, and be it further enacted, that in every case in which a sale and conveyance shall be made under the authority of this act, of any messuages, buildings, or lands which shall belong to any corporation aggregate or sole, or tenant in fee tail, general or special, or for life or lives, infant, feme covert, lunatic, or person or persons under any other legal disability, or otherise disabled to act for themselves, himself, or herself, the purchase-money for the same shall, with all convenient speed, be paid into the Bank of England, or the Bank of Ireland, as the case may be, in the name and with the privity of the Accountant-general of the High Court of Chancery of England or Ireland, as the case may be, to be placed to his account ex parte the person or persons or corporation who would have been entitled to the rents, issues, and profits of such messuages, buildings, or lands; to the intent that such money shall be applied or laid out under the direction and with the approbation of the said Court of Chancery of England or Ireland [to be signified by an order to be made upon a petition to be preferred by or on behalf of the person or persons who would have been entitled to the rents, issues, and profits of such messuages, buildings, or lands], in the purchase of the land tax, or

towards the payment of any debts or incumbrances affecting the same messuages, buildings, or land, or other lands or hereditaments standing settled to the same or the like uses, or in the purchase of other lands or hereditaments, to be conveyed, settled, and made subject to and for and upon such and the like uses, trusts, limitations, and dispositions, and in the same manner as the messuages, buildings, or lands, so purchased as aforesaid, stood, settled, or limited, or such of them as at the time of making such purchase and conveyance shall be existing undetermined and capable of taking effect; and in the mean time and until such purchase shall be made the said money shall, by order of the said Court of Chancery of England or Ireland, upon application thereto, be invested by the Accountant general in his name in some one of the public funds of England or Ireland, and the dividends and annual produce thereof shall from time to time be paid, by order of the said court, to the person or persons who would have been entitled to the rents, issues, and profits of the said messuages, buildings, or lands, in case no purchase and conveyance thereof had been made under the provisions of this act.

9 GEORGE IV. cap. 948.

An Act for rendering valid Bonds, Covenants, and other Assurances, for the Resignation of Ecclesiastical Preferments, in certain specified Cases.

WHEREAS it is expedient that certain bonds, covenants, and other assurances for the resignation of ecclesiastical preferments, should be rendered valid in the cases and subject to the limitations hereinafter specified; be it therefore enacted

3 As to engagements to resign made prior to 9th April, 1827, sce act 7 & 8 Geo. 4, c. 25, intituled "An act for the relief of certain spiritual persons and patrons of ecclesiastical preferments from certain penalties, and rendering valid certain bonds, covenants, or other assurances for the resignation of ecclesiastical preferments."

ments

entered

tion of

fice upon

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 Engage authority of the same, that every engagement by promise, grant, agreement, or covenant, which shall be really into for the and bona fide made, given, or entered into at any time after resignathe passing of this act, for the resignation of any spiritual any bene- office, being a benefice with cure of souls, dignity, prebend, or living ecclesiastical, to the intent or purpose, to be maninotice or fested by the terms of such engagement, that any one person request to be valid. whosoever, to be specially named and described therein, or one of two persons to be specially named and described therein, being such persons as are hereinafter mentioned, shall be presented, collated, nominated, or appointed to such spiritual office, or that the same shall be given or bestowed to or upon him, shall be good, valid, and effectual in the law to all intents and purposes whatsoever, and the performance of the same may also be enforced in equity: provided always, that such engagement shall be so entered into before the presentation, nomination, collation, or appointment of the party so entering into the same as aforesaid.

Proviso.

Relationship of such persons.

No pre

II. Provided always, and be it further enacted, that where two persons shall be so specially named and described in such engagement, each of them shall be, either by blood or marriage, an uncle, son, grandson, brother, nephew, or grandnephew of the patron or of one of the patrons of such spiritual office, not being merely a trustee or trustees of the patronage of the same, or of the person or one of the persons for whom the patron or patrons shall be a trustee or trustees, or of the person or one of the persons by whose direction such presentation, collation, gift, or bestowing shall be intended to be made, or of any married woman whose husband in her right shall be the patron or one of the patrons of such spiritual office, or of any other person in whose right such presentation, collation, gift, or bestowing shall be intended to be made.

III. And be it further enacted, that no presentation, colsentation lation, gift, or bestowing to or of any such spiritual office of spiritual or upon any spiritual person, to be made after the passing of office shall this act, nor any admission, institution, investiture, or induc

to any

of such

liable to

tion thereupon, shall be void, frustrate, or of no effect in law be void for or by reason of any such engagement so to be made, by reason given, or entered into by such spiritual person, or any other agreement person or persons, to or with the patron or patrons of such to resign. spiritual office, or to or with any other person or persons, for the resignation of the same as aforesaid; and that it shall not be lawful for the King's most excellent Majesty, his heirs or successors, for or by reason of any such engagements as aforesaid, to present or collate unto, or give or bestow such spiritual office; and that such spiritual person, and patron or Persons making patrons, or other person or persons respectively, shall not be such liable to any pains, penalty, forfeitures, loss, or disability, nor agreement to any prosecution or other proceeding, civil, criminal, or not to be penal, in any court, ecclesiastical or temporal, for or by penalty. reason of his, her, or their having made, given, or entered into, or accepted or taken such engagement as aforesaid; and that every such presentation or collation, or gift or be- Such prestowing, to be made after the passing of this act, and every to be valid. admission, institution, investiture, and induction thereupon, shall be as valid and effectual in the law to all intents and purposes whatsoever as if such engagement had not been made, given, or entered into, or accepted or taken; any thing in an act passed in the thirty-first year of the reign of her late Majesty Queen Elizabeth, intituled "An act against abuses 31 Eliz. in elections of scholars and presentations to benefices," or in c. 6. any other act, statute, or canon, or any law to the contrary in anywise notwithstanding.

sentations

tend to any

unless the deed be

months

IV. Provided always, and be it further enacted, that no- Not to exthing in this act shall extend to the case of any such engage- engage. ment as aforesaid, unless one part of the deed, instrument, ments, or writing by which such engagement shall be made, given, unles or entered into, shall, within the space of two calendar deposited months next after the date thereof, be deposited in the office within two of the registrar of the diocese wherein the benefice with cure with the of souls, dignity, prebend, or living ecclesiastical, for the registrar of resignation whereof such engagement shall be made, given, or peculiar or entered into as aforesaid, shall be locally situate, except jurisdic as to such benefices with cure of souls, dignities, prebends, wherein or livings ecclesiastical, as are under the peculiar jurisdiction the beneof any archbishop or bishop, in which case such document fice is

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the diocese

tion

situated.

to be admitted as

as aforesaid shall be deposited in the office of the registrar of that peculiar jurisdiction to which any such benefice with cure of souls, dignity, prebend, or living ecclesiastical, shall be subject; and such registrars shall respectively deposit and preserve the same, and shall give and sign a certificate of such Deed to be deposit thereof; and every such deed, instrument, or writing open to in- shall be produced at all proper and usual hours at such respection; and a certi- gistry to every person applying to inspect the same; and an fied copy office copy of each such deed, instrument, or writing, certified under the hand of the registrar (and which office copy so evidence. certified the registrar shall in all cases grant to every person who shall apply for the same), shall in all cases be admitted and allowed as legal evidence thereof in all courts whatsoever; and every such registrar shall be entitled to the sum of two shillings, and no more, for so depositing as aforesaid such deed, instrument, or writing, and so as aforesaid certifying such deposit thereof; and the sum of one shilling, and no more, for each search to be made for the same; and the sum of sixpence, and no more, over and besides the stamp duty, if any, for each folio of seventy-two words of each such office copy so certified as aforesaid.

Fees to

registrar.

Resignation to state the engagement, and name of person

for whom

made. Resignation to be

void unless

the person be presented

within six months.

Nothing

herein to extend to

V. And be it further enacted, that every resignation to be made in pursuance of any such engagement as aforesaid shall refer to the engagement in pursuance of which it is made, and state the name of the person for whose benefit it is made; and that it shall not be lawful for the ordinary to refuse such resignation, unless upon good and sufficient cause to be shewn for that purpose; and that such resignation shall not be valid or effectual, except for the purpose of allowing the for whose benefit it shall be so made to be presented, person collated, nominated, or appointed to the spiritual office thereby resigned, and shall be absolutely null and void, unless such person shall be presented, collated, nominated, or appointed as aforesaid within six calendar months next after notice of such resignation shall have been given to the patron or patrons of such spiritual office.

VI. Provided also, and be it further enacted, that nothing in this act shall extend to any case where the presentation, collation, gift, or bestowing to or of any such spiritual office tions made as aforesaid shall be made by the King's most excellent Ma

presenta

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