No. XX. 1 Geo. I. c. 10. Majesty, or from private contribution or benefaction, or from all or any the ways aforesaid, and shall declare, that the same shall be for ever annexed to such church or chapel, then such lands tithes and hereditaments, shall from thenceforth be held and enjoyed, and go in succession with such church and chapel for ever; and such augmentation so made shall be good and effectual, to all intents and purposes whatsoever, whether such church or chapel, for which such augmentation is intended, be then full or vacant of an incumbent or minister; provided such deed or ing inrolled in instrument be inrolled in the High Court of Chancery within six months after the day of the date thereof. [Vide 3 Geo. I. 10.] such Deed be six months. P. 11 Geo. II. c. 17, Sec. 5. and 1 W. and M. st. 1. c. 26. [ No. XXI. ] 11 George II. c. 17.-An Act for securing the Estates of Papists conforming to the Protestant Religion, against the Disabilities created by several Acts of Parliament relating to Papists; and, for rendering more effectual the several Acts of Parliament made for vesting in the two Universities in that Part of Great Britain called England the Presentation of Benefices belonging to Papists. V. And whereas by an Act made in the twelfth year of the reign of Queen ANNE, for rendering more effectual an Act made in the third year of the reign of King JAMES the First, intituled An Act to prevent and avoid Dangers which may grow by Popish Recusants; and also one 'other Act made in the first year of the reign of King WILLIAM and 'Queen MARY, intituled, An Act to vest in the two Universities the Pre'sentations of Benefices belonging to Papists; it was enacted, That every 'Papist or person making profession of the Popish religion, and every 'child not being a Protestant, under the age of one and twenty years, of every such Papist or person professing the Popish religion, and every 'mortgagee trustee or person any ways intrusted directly or indirectly mediately or immediately by or for any such Papist or person making profession of the Popish religion, or such child as aforesaid, whether such trust be declared by writing or not, should be disabled and made 'incapable to present collate or nominate to any benefice prebend or ecclesiastical living school hospital or donative, or to grant any avoid'ance of any benefice prebend or ecclesiastical living, and that every such presentation collation nomination and grant, and every admission institution and induction to be made thereupon, should be utterly void and of no effect to all intents constructions and purposes whatsoever; and that in every such case the Chancellor and scholars of the University of Oxford, and the Chancellor and scholars of the University of Cambridge, should respectively have the presentation nomination collation and donation of and to every such benefice prebend or ecclesiastical living school hospital and donative, set lying and being in the respective counties cities and other places and limits in the said Act of the third year of King JAMES mentioned, as in and by the said Act is directed and appointed in the case of a Popish recusant convict: and 'whereas for the better discovery of all secret trusts and fraudulent con'veyances made by Papists or persons making profession of the Popish religion, of their advowsons and right of presentation nomination and donation to any benefices or ccclesiastical living, several provisions were 'made by the said Act of the twelfth year of the reign of Queen ANNE, which have been fraudulently evaded by persons obtaining from such Papists, without a full and valuable consideration, grants of such advowsons and right of presentation nomination and donation, upon confidence only, that such grantees will, at the request of such Papists, present to such benefices or ecclesiastical livings, clerks nominated by such Papists, who have been presented accordingly contrary to the true 'intent and meaning of the said Acts, and to the great hurt of the Pro⚫testant interest of this kingdom;' Be it therefore enacted by the autho No. XXI. 11 Geo. II. c. 17. rity aforesaid, That every grant to be made from and after the sixth day of May, one thousand seven hundred and thirty-eight, of any advowson or right of presentation collation nomination or donation of and to any benefice prebend or ecclesiastical living school hospital or donative, and every grant or any avoidance thereof by any Papist or person making profession of the Popish religion, or any mortgagee trustee or person any Every Grant ways intrusted directly or indirectly mediately or immediately by or for made after any such Papist or person making profession of the Popish religion, whe- 6 May, 1738, of ther such trust be declared by writing or not, shall be null and void, unless any Ecclesiastisuch grant shall be made bona fide, and for a full and valuable consideration cal Living, etc. to and for a Protestant purchaser or Protestant purchasers, and merely and by any Papist, etc. void, only for the benefit of a Protestant or Protestants; and that every such grantee, or person claiming under any such grant, shall be deemed to be unless made for a trustee for a Papist or person professing the Popish religion as afore- a valuable consaid, within the true intent and meaning of the said Act; and that all sideration to a such grantees, or persons claiming under such grants, and their presentees, shall be compelled to make such discovery relating to such grants and chaser, etc. presentations made thereupon, and by such methods, as in and by the said Act of the twelfth year of the reign of Queen ANNE are directed in the case of trustees of Papists or persons professing the Popish religion; and that every devise to be made from and after the said sixth day of May by any Papist or person professing the Popish religion, of any Every devise such advowson or right of presentation collation nomination or donation, made of any or any such avoidance, with intent to secure the benefit thereof to the Ecclesiastical heirs or family of such Papist or person professing the Popish religion, Living after shall be null and void; and that all such devisees, and persons claiming 6 May, 1738, under such devises, and their presentees, shall in the like manner, and by a Papist, by such methods be compelled to discover, whether to the best of their with intent, etc. knowledge and belief such devises were not made with the said intent. [ No. XXII. ] 23 Geo. II. c. 28.-An Act to explain Part of an Act passed in the thirteenth and fourteenth Years of the Reign of King CHARLES the Second, for the Uniformity of Public Prayers, and Administration of Sacraments; and also Part of an Act passed in the thirteenth Year of the Reign of Queen ELIZABETH, for the Ministers of the Church to be of sound Religion. WHEREAS by an Act passed in the thirteenth and fourteenth years Protestant pur void. 23 Geo.II. c.28. of the reign of the late King CHARLES the Second, intituled, An Act 13 & 14 Car. II. for the Uniformity of Public Prayers, and Administration of Sacraments c. 4. sec. 6. and other Rites and Ceremonies; and for establishing the Form of making ordaining and consecrating Bishops, Priests, and Deacons, in the Church of England: it was enacted, That every person who should thereafter be presented or collated, or put into any ecclesiastical benefice or promotion, within England the dominion of Wales and town of Berwick upon Tweed, should, in the church chapel or place of public worship belonging to his said benefice or promotion, within two months next after that 'he shall be in the actual possession of the said ecclesiastical benefice or promotion, upon some Lord's Day, openly publicly and solemnly 'read the morning and evening prayers appointed to be read by and ac'cording to the Book of Common Prayer at the times thereby appointed or to be appointed: and after such reading thereof should openly and publicly, before the congregation there assembled, declare his unfeigned assent and consent to the use of all things therein con'tained and prescribed, according to the form therein before appointed; ' and that all and every such person who should (without some lawful impediment, to be allowed and approved by the ordinary of the place) 'neglect or refuse to do the same within the time aforesaid,.(or, in case of such impediment, within one month after such impediment removed) No. XXII. 23 Geo. II. c. 28. Allowance of a lawful impediment extended to the not reading the Certificate and Declaration, within the time limited. 13 Eliz. c. 12. 'should (ipso facto) be deprived of all his said ecclesiastical benefices and promotions; and that from thenceforth it should and might be lawful to and for all patrons and donors of all and singular the said ecclesiastical benefices and promotions, or any of them, according to their respective rights and titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead: And it was by the said Act (amongst other things) further enacted, That every Parson Vicar Curate Lecturer and every other person in holy ' orders should, before his or their respective admission to be incumbent or have possession of any parsonage vicarage or any curate's place or lecture, subscribe the declaration or acknowledgment therein directed, before the respective Archbishop Bishop or Ordinary of the diocese; upon pain that all and every of the persons afore-mentioned failing in such Subscriptions, should lose and forfeit such respective parsonage vicarage curate's place or lecture, and should be utterly disabled and (ipso facto) deprived of the same; and that every such respective parsonage vicarage curate's place or lecture, should be void, as if such ⚫ person so failing were naturally dead; and that after such subscription 'made, every Parson Vicar Curate or Lecturer should procure a Certifi'cate under the hand and seal of the respective Archbishop Bishop or 'Ordinary of the diocese (who were thereby enjoined and required upon ' demand to make and deliver the same,) and should publicly and ' openly read the same, together with the declaration or acknowledgment 'therein mentioned, upon some Lord's Day within three months then ́ next following, in his parish church where he was to officiate, in the presence of the congregation there assembled, in the time of divine service: upon pain that every person failing therein should lose such parsonage vicarage or benefice, curate's place or lecturer's place respectively, and should be utterly disabled, and (ipso facto) deprived of the same; and that the said parsonage vicarage or benefice, curate's place or lecturer's place should be void, as if he were naturally dead: And 'whereas doubts have arisen, whether the allowance and approbation of any lawful impediment before-mentioned doth extend to both the said beforerecited cases, or whether any Archbishop Bishop or other Ordinary hath power by the said Act to allow and approve of any lawful impediment, as to reading the said last-mentioned certificate and declaration, within the time limited by the said Act:' For the obviating thereof, be it 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 of the same, That every allowance and approbation of any lawful impediment already given and declared, or which shall hereafter be given and declared, in pursuance of the said Act, by any Archbishop Bishop or Ordinary, to any person for or in respect of not reading in the church chapel or place of public worship, belonging to his benefice or promotion, within two months next after that he shall be in the actual possession of the said benefice or promotion, upon some Lord's Day, openly publicly and solemnly, the morning and evening prayers, appointed to be read by and according to the said Book of Common Prayer, and for or in respect of not openly and publicly, before the congregation there assembled, declaring his uufeigned assent and consent to the use of all things therein contained and prescribed, shall extend, and be construed to extend, to the not reading the said last-mentioned Certificate and Declaration, although the same be not mentioned in the said allowance and approbation, for the like time as the said allowance and approbation shall extend to. II. And whereas by an Act passed in the thirteenth year of the reign of Queen ELIZABETH, intituled, An Act for the Ministers of the Church 'to be of sound Religion; it was (amongst other things) enacted, That every person who should be admitted to a benefice with cure, except that within two months after his induction, he should publicly read the 'Articles therein mentioned, in the same church whereof he should have cure, in the time of Common Prayer there, with declaration of his un'feigned assent thereunto, should be upon every such default (ipso facto) No. XXII. 23 Geo. II. c. 28. 'immediately deprived: And whereas it hath happened, and may here' after happen through sickness or other lawful impediment, that divers persons have been and may be hindered from reading the said Articles, and making the said Declaration, within the time directed by the said 'Act, and yet such person after such sickness or other lawful impedi'ment removed, hath read and may hereafter read the said Articles, and make the said Declaration; and it is reasonable that such persons 'should be deemed to have complied with the true intent and meaning of the said Act;' Be it therefore further enacted by the authority afore- Pers ons who said, That every person who hath already read, or who shall hereafter ahall read the read the said Articles, and hath made or shall hereafter make the said Articles and Declaration, at the same time that he did read, or shall hereafter read, Declaration at the morning and evening prayer, and declare his unfeigned assent and the time of consent to the use of all things therein contained and prescribed, ac- reading the cording to the directions of the said in part recited Act of the thirteenth Morning and and fourteenth years of the reign of King CHARLES the Second, shall be Evening Prayer, and is hereby declared and adjudged to have complied with the true are declared to have complied. intent and meaning of the said Act of the thirteenth year of the reign of Queen ELIZABETH, although the same were not, or may not be read within the space of two months after such person's induction into any benefice with cure; and that every such person shall, and he is hereby declared to be freed and discharged from any deprivation or other forfeiture by virtue of the said Act; any thing therein contained to the contrary notwithstanding. III. Provided always, That this Act shall not extend to restore any Limitation of person to any parsonage vicarage or benefice, curate's place or lecturer's this Act. place, which for want of reading such Certificate and Declaration within the time directed by the said first in part recited Act, or of reading the said Articles and Declaration concerning the same, according to the said last-mentioned Act, hath been forfeited or become void, and is already filled up or enjoyed by any person or persons whatsoever. Geo. III. c. 66. [ No. XXIII. ] 17 George III. c. 53.-An Act to promote Explained and the Residence of the Parochial Clergy, by making amended by 21 Provision for the more speedy and effectual building, rebuilding, repairing, or purchasing Houses, and other necessary Buildings, and Tenements, for the Use of their Benefices.* WHEREAS many of the Parochial Clergy, for want of proper habita- 17 Geo. III. tions, are induced to reside at a distance from their benefices, by c. 53. which means the Parishioners lose the advantage of their instruction and hospitality, which were great objects in the original distribution of tythes and glebes for the endowment of Churches: For remedy whereof, may it please your Majesty that it may be enacted; and be it 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 of the same, That Incumbent of from and after the twenty-fourth day of June, one thousand seven hun- any Living, dred and seventy-seven, whenever the Parson Vicar or other Incumbent wherein there of any ecclesiastical living, parochial benefice, chapelry or perpetual is no House, curacy, being under the jurisdiction of the Bishop or other ecclesiastical etc. ordinary, whereon thereon there is no house of habitation, or such house is become so ruinous and decayed, or is so mean, that one year's net income and produce of such living will not be sufficient to build rebuild or put the same, with the necessary offices belonging thereto, in sufficient repair, shall think fit to apply for the aid and assistance intended Several Provisions for the purposes contemplated by this Act, are made by the Irish Statutes, 10 W. III. c. 6.-12 Geo. I. c. 10.-9 Geo. II. c. 13.-11 & 12 Geo. III. c. 17.-40 Geo. III. c. 82. See 1 Gabbett, 333. This Act is often referred to by the name of Mr. Gilbert's Act, having been brought in by that gentleman. [Part I. No. XXIII. to be given by this Act, it shall and may be lawful for every such 17 Geo. III. Parson Vicar or Incumbent (after having procured, from some skilful and experienced workman or surveyor, a Certificate containing a state c. 53. of the condition of the buildings on their respective glebes, and of the value of the timber and other materials thereupon, fit to be employed in such buildings or repairs, or to be sold, and also a plan and estimate of the work proposed to be done (such state and estimate to be verified upon oath, taken before some Justice of the Peace or Master in Chancery, ordinary or extraordinary,) and laid the same, together with a just and particular account in writing signed by him and verified upon oath, taken as aforesaid, of the annual profits of such living, before the Ordinary and Patron of the living, and obtained their consent to such proposed new buildings or repairs, by writing under their respective (with the con- hands, in the form for that purpose contained in the Schedule hereunto sent of the Ordinary and Patron) may borrow money to build one, and mortgage the Glebe, &c. for 25 years. Every Mort gagee to execute a counterpart of the Mortgage, &c. annexed,) to borrow and take up at interest, in the manner hereafter mentioned, such sum or sums of money as the said estimate shall amount unto, after deducting the value of timber or other materials which may be thought proper to be sold, not exceeding two years net income and produce of such living, after deducting all rents stipends taxes and other outgoings, excepting only the salaries to the assistant curate, where such a curate is necessary; and as a security for the money so to be borrowed, to mortgage the glebe tythes rents and other profits and emoluments arising or to arise from such living, to such person or persons who shall advance the same, by one or more deed or deeds, for the term of twenty-five years, or until the money so to be borrowed with interest for the same, and such costs and charges as may attend the recovery thereof, shall be fully paid and satisfied, according to the terms conditions true intent and meaning of this Act; which mortgage deed or deeds shall be made in the forms or to the effect for that purpose contained in the said Schedule, and shall bind every succeeding Parson Vicar or Incumbent of such living, until the principal and interest costs and charges shall be paid off and discharged, as fully and effectually as if such successor had executed the same. II. And be it further enacted, That every such Mortgagee shall execute a counterpart of every such Mortgage, to be kept by the Incumbent for the time being; and a copy of every such Deed of Mortgage shall be registered in the Office of the Registrar of the Bishop of the Diocese to be kept by where the Parish lies, or other Ordinary having Episcopal Jurisdiction the Incumbent, therein for the time being, after having been first examined by him with the original; which officer shall register the same, and be intitled to demand and receive the sum of five shillings, and no more, for such register; and every such Deed shall be referred to upon all necessary occasions, the person inspecting the same paying one shilling for every such search; and the said Deed, or a copy thereof, certified under the hand of the Registrar, shall be allowed as legal evidence, in case any such Mortgage Deed shall happen to be lost or destroyed. Mortgagee may distrain. Money borrowed to be paid to such persons as Ordinary &c. shall appoint. III. Provided always, and be it further enacted, That whenever the Principal and Interest, directed to be paid to the Mortgagee under the several Provisions of this Act, shall be in arrear and unpaid for the space of forty days after the same shall become due, it shall and may be lawful for such Mortgagee, his Executors Administrators or Assigns, to recover the same and the costs and charges attending the recovery thereof, by distress and sale, in such manner as rents may be recovered by Landlords or Lessors from their Tenants by the laws in being. IV. And be it further enacted, That the money so to be borrowed shall be paid into the hands of such person or persons as shall be nominated and appointed to receive and apply the same for the purposes aforesaid, by the Ordinary Patron and Incumbent, by writing under their respective hands, in the form for that purpose contained in the said Schedule, after such Nominee shall have given a Bond to the Ordinary, with sufficient surety, in double the sum so be borrowed and raised, with condition for his duly applying and accounting for the same according to the directions of this Act; and the receipt of the person or persons so to be nominated |