No. XXXVIII. 55 Geo. III. c. 147. Recital of situate, it shall be lawful from and after the passing of this Act for any person or persons, being owners in fee simple, or for any corporation sole or aggregate, with or without confirmation as the case may require, and by and with such consent, and to be signified as hereinafter mentioned of the Incumbent Patron and Bishop, to give grant and convey by deed indented, and to be registered as hereinafter is mentioned to any Parson Vicar or other Incumbent of such benefice curacy or chapelry for the time being, who shall also have power to accept the same, any messuage outbuildings yard garden orchard and croft, or any of them, with their appurtenances, or any right of way or other easement, whether lying within the local limits of such benefice perpetual curacy or parochial chapelry or not, but so as that the same be conveniently situate for actual residence or occupation by the Incumbent thereof; and which messuage outbuildings yard garden orchard and croft, with their appurtenances or right of way or other easement, shall for ever from and after such grant and conveyance thereof be and become annexed to and be deemed and taken to be the parsonage or glebe house outbuildings yard garden orchard croft appurtenances and right of way, or other easement of the said benefice curacy or chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by the said Incumbent and his successors accordingly, without any licence or writ of Ad quod damnum, the statute of Mortmain, or any other statute or law to the contrary notwithstanding; and from and after such grant and annexation it shall be lawful for the Incumbent for the time being of the said benefice curacy or chapelry to which such grant and annexation shall have been made (with the consent in writing of such Patron and Bishop under their hands and seals to be duly registered as hereinafter is mentioned,) to take down and remove any parsonage or glebe house and outbuildings or any part thereof, which before such annexation belonged to the said benefice curacy or chapelry (if the same or part thereof cannot be better applied to the permanent advantage of such benefice curacy or chapelry,) and with the like consent as aforesaid, to apply the materials or the produce thereof, if sold, towards some lasting improvement of the said benefice curacy or chapelry: Provided always, that nothing herein contained shall extend to enable any persons being infants or lunatics or femes covert without their husbands, to make any such gift grant or conveyance: any thing in this Act contained to the contrary in anywise notwithstanding. VI. And whereas an Act was passed in the seventeenth year of the reign of his present Majesty, intituled An Act to promote the Residence of 17 G. 3. c. 53. of the Parochial Clergy, by making Provision for the more speedy and effectual building, re-building, repairing, or purchasing Houses, and other necessary Buildings and Tenements, for the Use of their Benefices: And whereas one other Act was passed in the twenty-first year of the Reign of his 21 G. 3. c. 66. present Majesty, intituled An Act to explain and amend an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled An Act to promote the Residence of the Parochial Clergy, by making provision for the more speedy and effectual building re-building repairing or purchasing Houses and other necessary Buildings and Tenements for the Use of their Bene'fices: And whereas there are many ecclesiastical benefices perpetual curacies and parochial chapelries to which no glebe land or only a small portion of glebe land is belonging, and it is therefore expedient to enable the making provision by purchase, for the annexation of glebe land to such benefices, perpetual curacies and parochial chapelries; be it therefore further enacted, That from and after the passing of this Act it shall be lawful for the Parson Vicar or other Incumbent for the time being, of any ecclesiastical benefice perpetual curacy or parochial chapelry, the existing glebe whereof shall not exceed five statute acres, with the consent of the Patron and Bishop, to be signified as herein-after mentioned, to purchase any lands not exceeding in the whole twenty statute acres, with the necessary out-buildings thereon, whether being within the local limits of the said benefice perpetual curacy or parochial chapelry or not, but so as that the same be situate conveniently for building a parsonage or a Power to purchase Land, No. XXXVIII. globe house and out-buildings, and for gardens and glebe thereof, or for any of the said purposes, and for actual residence and occupation by the incumbent thereof, such land being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor or lordship be- 55 Geo. III. longing to the same benefice perpetual curacy or parochial chapelry; and c. 147. which lands so purchased shall for ever, from and after the grant and conveyance thereof, be and become annexed to and glebe of such bene- to be annexed fice perpetual curacy or parochial chapelry, to all intents and purposes to Benefices as whatsoever, and be holden and enjoyed by such Incumbent and his suc- Glebe Land cessors accordingly, without any licence or writ of Ad quod damnum; and thereof. the whole or any part or parts of the said lands which before such an- Copyhold Land nexation, were or was of copyhold tenure shall for ever, from and after so purchased to such annexation become and be of freehold tenure; the statute of Mort- be holden as main or any other statute or law to the contrary notwithstanding. Freehold; VII. And, for the better affectuating such purchases as aforesaid, be it and by Mortfurther enacted, That it shall be lawful for such Parson Vicar or other gage of the Incumbent for the time being, with the consent of the Patron and Bishop Tithes, &c. (to be signified as herein-after is mentioned), to borrow and take up at to raise a Sum interest (over and besides the monies authorized to be borrowed under the for such Purauthority and for the purposes of the said recited Act of the seventeenth chase, year of the reign of his present Majesty) such sum or sums of money as shall be certified by a valuation upon oath of some skilful and experienced surveyor to be the true and just value of the said lands at the time of the purchase thereof, not exceeding two years clear income and produce of not exceeding such benefice perpetual curacy or parochial chapelry, after deducting all Two Years taxes and other out-goings whatever except the salary to the assistant net Income. curate (if any); and as a security for re-payment of the money so to be borrowed, to mortgage the tithes rents and other profits and emoluments of or belonging to such benefice perpetual curacy or parochial chapelry, to any person or persons who shall advance such money by one or more deed or deeds (to be registered as herein-after mentioned) for the term of twenty-five years, or until the principal money so to be borrowed, with interest for the same, and all costs and charges attending the recovery thereof, shall be fully paid off and satisfied; which mortgage deed or deeds shall bind as well such Parson Vicar or other Incumbent of such benefice perpetual curacy or parochial chapelry, executing such mortgage or mortgages, as also his successors, and a counterpart thereof shall be executed by the mortgagee or mortgagees, and be kept by the Incumbent; and the Parson Vicar or Incumbent for the time being of such benefice perpetual curacy or parochial chapelry shall, and he is hereby required to pay or causeto be paid to the mortgagee or mortgagees yearly and every year, as the same shall become due, or within one month afterwards, as well the interest of the principal money secured by such mortgage or mortgages, as also the further sum of five pounds per centum per annum of the principal money originally advanced on such mortgage or mortgages; and that every Incumbent who shall not reside twenty weeks in every year upon such benefice, perpetual curacy or parochial chapelry, computing each year from the date of the first or only inortgage deed, shall and he is hereby required, instead of the said sum of five pounds per certum per annum, to pay within the period aforesaid the sum of ten pounds per centum per annum of the principal money originally advanced on such mortgage or mortgages, until the whole of such principal money with the interest costs and charges shall be fully paid off and discharged; and that every such incumbent who shall pay only five pounds per centum per annum of such principal money shall, at the time of payment thereof, produce and deliver to the mortgagee a certificate under the hands of two Rectors Vicars or other officiating Ministers of some parishes near adjoining, signifying that he had resided twenty weeks upon the said benefice perpetual curacy or parochial chapelry within the year for which such payment became due; and in default of payment of the principal interest costs and charges in manner aforesaid, the Bishop shall have power to sequester the profits of such benefice perpetual curacy or parochial chapelry, until such payment shall be made: and if at any time or times the said No. principal and interests or any part thereof, shall be in arrear and unpaid for XXXVIII. the space of forty days next after the yearly day of payment whereon the same shall have become due, it shall be lawful for the mortgagee or mort55 Geo. III. gagees and his her or their executors administrators or assigns to recover c. 147. the same or such part thereof as shall be so unpaid, and the costs and charges attending such recovery, by distress and sale, in such manner as landlords are or shall be by law authorized to recover rents in arrear; and in order that the payment of the same principal and interest may in cases of avoidance by death or otherwise be justly and equitably ascertained and adjusted between the Parson Vicar or Incumbent avoiding such benefice perpetual curacy or parochial chapelry, or his representatives and his successor, in such proportions as the profits of such benefice perpetual curacy or parochial chapelry shall have been received by them respectively for the year in which such death or avoidance shall happen, such payment shall, in case any difference shall arise in settling the proportions thereof, be ascertained and determined by two indifferent persons, the one to be named by the person making such avoidance, or his representatives in case of his death, and the other by the said successor; and in case such nominees shall not be appointed within the space of two calendar months next after such death or avoidance, or in case they shall not agree in settling such proportions within the space of one calendar month after they shall have been appointed, the same shall be determined by some neighbouring Clergyman to be nominated by the Bishop, whose determination shall be final and conclusive between the parties. Governors of Queen Anne's Bounty empowered to iend Money. Colleges may lend any Sum with or without Interest. Consent of Patron and Bishop to all Deeds of Exchange, Mortgage, or Purchase. Powers to be executed by the Archbishops VIII. And be it further enacted, That for promoting the purposes of this Act, it shall and may be lawful for the Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, from and out of the monies which have arisen or shall from time to time arise from that bounty, to advance and lend, in respect of each benefice perpetual curacy or parochial chapelry the clear annual improved value whereof shall not exceed the sum of fifty pounds, any sum not exceeding the sum of one hundred pounds, without interest, but for re-payment of the principal whereof such mortgage as is herein-before mentioned shall be executed; and also to advance or lend for or in respect of each benefice perpetual curacy or parochial chapelry, the clear annual improved value whereof shall exceed the sum of fifty pounds, any sum not exceeding two years yearly income of such benefice upon such mortgage as aforesaid, and to receive interest for the same at any rate not exceeding four pounds per centum per annum. IX. And be it further enacted, That it shall and may be lawful for any College or Hall within the Universities of Oxford or Cambridge, or for any other corporate bodies, being owners of the patronage of ecclesiastical livings or benefices, to advance and lend any sum or sums of money of which they have the power to dispose, for the convenience of the Parson Vicar or other Incumbent for the time being of any benefice perpetual curacy or parochial chapelry within the patronage of such College or Hall, upon mortgage as herein-before directed, either upon intestest or without any interest. X. Provided always, and be it further enacted, That when any Parson Vicar or other Incumbent as aforesaid, shall be desirous of effecting any exchange purchase or mortgage under the provisions of this Act, the consent of the Patron and Bishop to every deed of exchange conveyance or mortgage shall, before the same shall be signed and sealed by the Parson Vicar or other Incumbent, be signified by the said Patron and Bishop respectively being made parties to and signing and sealing the said deed in the presence of two or more credible persons, who shall by indorsement thereon attest such signing and sealing, and in which attestation it shall be expressed that the same deed was so signed and sealed by such Patron and Bishop before the execution thereof by such Parson Vicar or other Incumbent. XI. And whereas there are within divers dioceses certain exempt Jurisdictions called peculiars belonging to the Archbishops and Bishops of other and Bishopshav- dioceses, and it is expedient that all the powers and authorities given by ing Peculiars. No. c. 147. this Act to the Bishop of the diocese should as to such peculiars be given to the Archbishop or Bishop to whom the same respectively belong; be it XXXVIII. therefore further enacted, That all and every the powers and authorities 55 Geo. III. given by this Act to the Bishop of any diocese shall, with respect to the several peculiars locally situated within such diocese, be vested in and exercised by the Archbishop or Bishop to whom such peculiars shall respectively belong, and not by the Bishop within whose diocese such peculiars shall be locally situated, but that within all and every peculiar and peculiars belonging to any other person or corporation than Archbishops or Bishops, such powers and authorities shall be vested in and exercised by the Bishop of the diocese within which such peculiars shall be locally situated. XII. And be it further enacted, That from and after the passing of this Power to Act it shall and may be lawful to and for any owner or owners of any Owners to messuages buildings lands or hereditaments, whether such owner or convey on owners shall be a corporation sole or aggregate, or tenant or tenants in Exchange or fee simple, or in fee tail general or special, or for life or lives, and for the Sale. guardians trustees or feoffees for charitable or other uses, husbands or committees of or acting for any such owner or owners as aforesaid, who at the time of making any exchange or purchase authorized by this Act shall be respectively infants feme coverts or lunatics, or under any other legal disability, or otherwise disabled to act for themselves himself or herself, by deed or deeds indented and to be registered as herein-after is mentioned; and with such consent, and to be signified as herein-before is mentioned of such Incumbent and of the Patron and Bishop, to grant and convey to any Parson Vicar or other Incumbent for the time being of any ecclesiastical benefice perpetual curacy or parochial chapelry, any messuage outbuildings yards gardens and lands with their appurtenances, or any messuage or outbuilding only, or any lands (with or without necessary outbuildings) only of such owner or owners, in lieu of and in exchange for any parsonage house out-buildings yards gardens and glebe lands and pastures feedings and rights of common or any of them, or any part thereof, of or belonging to any such benefice perpetual curacy or parochial chapelry, or (in cases of purchase) to sell and convey to such Parson Vicar or other Incumbent any lands not exceeding in the whole twenty statute acres, with the necessary out-buildings thereon, for such sum or sums of money as shall be certified to be the true and just value of the same at the time of such sale thereof, by a valuation to be made as Premises ex. herein-after is directed; and which said parsonage house out-buildings changed tob and glebe lands so to be granted and conveyed in exchange by any Parson settled to the Vicar or other Incumbent, (with such consent and in such manner as same uses. aforesaid) shall for ever, from and after such grant or conveyance thereof, be and become vested in and settled upon the same person or persons, and to for and under the same uses estates trusts and limitations, and subject to the same powers conditions charges and incumbrances as the said messuage out-buildings lands and premises so to be granted and conveyed in exchange were vested in settled upon and subject to before such exchange thereof, or would have been vested in settled upon and subject to in case such exchange had not been made; and which said sum or Application sums of money to be received for the purchase of any lands or heredita- of Purchase ments shall in all cases where the lands or hereditaments so to be Monies of purchased belong to any corporation sole or aggregate infant feme covert Premises sold Junatic, or person or persons under any other disability or incapacity, with all convenient speed be paid into the bank of England, and in the name and with the privity of the Accountant General of the High Court of Chancery, 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 lands or hereditaments, to the intent that such money shall be applied or laid out under the direction and with the approbation of the said court, (to be signified by an order 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 lands or hereditaments) in the purchase of the land tax, or towards the payment of any debts or No. incumbrances affecting the same lands or hereditaments, or other lands XXXVIII. or hereditaments standing settled to the same or the like uses, or in the 55 Geo. III. purchase of other lands or hereditaments to be conveyed, settled, and made subject to and for and upon such and the like uses trusts limitac. 147. tions and dispositions, and in the same manner as the lands or hereditaments 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 upon application thereto be invested by the said Accountant General in his name in some one of the public funds of this kingdom, 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 lands or hereditaments, in case no purchase and conveyance thereof had been made under the provisions of this Act. Persons under not to convey Where ex chase shall be given. XIII. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to enable any coporation aggregate or sole, or tenant in fee tail general or special, or for life or lives, or the guardians trustees or feoffees for charitable or other uses husbands or committees of or acting for any such owner or owners as aforesaid, who at the time of making any sale authorised by this Act shall be respectively infants femes covert or lunatics, or under other legal disability, or otherwise disabled to act for themselves himself or herself, to sell or convey (except by way of exchange, as in manner by this Act directed) any lands or grounds whatsoever, for any of the purposes of this Act, exceeding the quantity of five statute acres. XIV. Provided also, That in all cases where any exchange or purchange or purchase shall be made under the authority of this Act, six calendar months made Notice to previous notice, describing the particulars extent and situation of the be previously premises respectively to be given and taken in exchange or purchased, shall be given of the intention to make such exchange or purchase, by the insertion of the same notice for three successive weeks in soine one and the same newspaper of and in general circulation in each county wherein the premises so to be given and taken in exchange or purchased, or any part thereof, are situate; and also by affixing such notice in writing on a conspicuous part of the door of the church or chapel of each parish or chapelry wherein such premises or or any part thereof are situate, on three Sundays successively whereon divine service shall be performed, and shortly before the commencement of such service on each Sunday in such church or chapel. A Map and Valuation on actual survey to be made of the Premises to be given and taken in exchange or purchased. XV. And be it further enacted, That whenever any exchange or purchase is intended to be made under the authority of this Act, a map or maps under an actual survey, on oath (which oath any Justice of the Peace is hereby authorised to administer) by some competent surveyor to be approved of by the Patron Bishop and Incumbent, shall in cases of exchange be made and taken of the whole of the said glebe lands, or of such part or parts thereof as will sufficiently enable the Bishop to judge of the convenience and expediency of the proposed exchange, and also of the glebe or parsonage-house buildings and premises, any part of which it is proposed to exchange, as well as of the other lands house buildings and premises proposed to be taken in exchange; and shall in cases of purchase be made and taken of the whole of the lands or hereditaments so to be purchased; and in cases of exchange the same surveyor shall in like manner make a valuation on oath (to be administered as aforesaid) of the said glebe lands and glebe or parsonage-house buildings and premises, and also of the lands house buildings and premises intended to be taken in exchange, and in cases of purchase the same surveyor shall in like manner make a valuation on oath of the lands or hereditaments so intended to be purchased; and every such valuation shall include and distinctly specify the value of all timber and other trees growing thereon, and of the rights of common, and of all mines minerals and quarries (if any), and of all other rights profits and advantages whatsoever (if any) |