No. XXIII. 17 Geo. III. c. 53.

Use of their Benefices; and having considered such certificate plan and account now we do approve thereof; and do consent that such build'ings and repairs shall be made as therein specified, and that the said A. B. 'do borrow and take up at interest the sum of

being the estimate of the expences, after deducting the value of the tim'ber and other materials thought proper to be sold and which appears to 'us, from the said account, a sum not exceeding two years neat income and produce of the said living; which money is to be paid to

( a person nominated by us and the said A. B), and applied according to the direction of the said Act.'

'of the parish church, curacy, or chapelry, of

'county of

the one part; and

be

year of the reign of his Rector [or Vicar, &c.]

and the diocese of the Bishop of

of

in the of of the other part. 'Whereas the said pursuant to the directions of an 'Act, passed in the seventeenth year of the reign of his Majesty King GEORGE the third, intituled, An Act to promote the residence of the paro'chial Clergy by making 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, hath obtained the consent of the Ordinary of the said diocese and the Patron of the said church and living to borrow and take up at interest the sum of

to

be laid out and expended in building rebuilding or repairing (as the case shall be) the Parsonage-house and other necessary offices upon the 'glebe belonging to the said church chapel or curacy, as appears by an "Instrument signed by the said Ordinary and Patron hereunto annexed: and whereas the said

' advance the sum of

in con

hath agreed to lend and upon a mortgage of the glebetythes rents and other profits and emoluments of the said living, pursuant to the direction and the true intent and meaning of the said Act: 'now this indenture witnesseth, That the said 'sideration of the sum of five shillings to him in hand paid, and of the 'sum of paid at or before the sealing and delivery hereof, 'into the hands of (a person or persons (as the case shall be) nominated by the said Ordinary Patron and Incumbent, to receive the same, pursuant to the direction of the said Act, (which nomination is also hereunto annexed) and which receipt of the said sum ' of the said have or hath acknowledged by an indorsement on the back of this deed), hath grant'ed bargained sold and demised, and by these presents doth grant bargain sell and demise, unto the said

his execu

tors administrators and assigns, all the glebe lands tythes rents
'moduces compositions for tythes salaries stipends fees gratuities and
other emoluments and profits whatsoever, arising coming growing re-
'newing or payable to the Rector Vicar or Incumbent (as the case shall
be) of the said living in respect thereof, with all and every their rights
'privileges and apurtenances thereunto belonging, to have hold receive
take and enjoy the said premises, with their and every of their appurte-
nances, unto the said
his executors administrators and
'assigns, from henceforth for and during the term of
years,
fully to be complete and ended, in as full ample and beneficial manner,
and with such remedies and powers for obtaining and recovering the
'same and every part thereof, to all intents and purposes as the said
his successors Rectors Vicars &c. (as the case shall

be) of the said church, could or might or ought to have held enjoyed

' received taken or recovered the same, if these presents had not been No. XXIII. 'made : .

In cases where the mortgage by this Act directed is to be made by the Ordinary and Patron alone, 'without the Incumbent, this covenant and proviso are to be omitted, and the form is to be varied in 'such other respects as shall be neces" sary.

[And the said A. B. for himself,
his heirs, executors, and adminis-
trators, doth hereby covenant, pro-
mise, and agree, to and with the said
his executors,
administrators, and assigns, That
he the said A. B. during the time
he shall continue Rector Vicar, &c.
of the said parish and parish church,
shall and will well and truly pay
his

day of

or cause to be paid unto the said 'executors administrators or assigns, interest of the said sum of or so much thereof as shall remain due at the end of every year, to be computed from the day of the date of these presents,after the rate of per centum per annum, by yearly payments, the first of the said payments to begin and be made on the next; and also, at the 'several times before mentioned for payment of the interest, as 'aforsaid, shall and will well and truly pay, or cause to be paid, the sum of five pounds per centum per annum of the principal which remained due at the beginning of the year in which every such payment is to be paid, in case the said A. B. shall be resident upon the said living for the time ' mentioned in and according to the true intent and meaning of the said Act; and in case the said A. B. shall not reside upon the said living during the time mentioned in and according to the true intent and meaning of the said Act, he shall pay or cause to be paid, the sum of ten pounds per centum per annum of the said principal money, by such yearly payments as aforesaid, instead of the said sum of five pounds per centum per annum, and shall and will continue such respective payments of the said interest, and on account of the said principal money, so long as he shall continue Rector Vicar, &c. (as the case shall be) of the said parish and parish church, unless all the said principal money and interest for the same shall be sooner paid and discharged. Provided always, and these presents are upon this condition, That if the 'said A. B. and his successors, shall well and truly pay or cause to be paid the said principal money and interest for the same, in manner and at the times aforesaid, according to the true intent and meaning of the said Act, and of these presents, and also all costs and charges which shall have been occasioned by the nonpayment thereof, these presents and every thing herein contained shall cease and be void. Provided also, That it shall and may be lawful for the said A. B. and his suc'cessors, peaceably and quietly to hold occupy possess and enjoy, all and singular the said glebe lands tythes rents moduses composition for tythes stipends fees gratuities and other emoluments and profits whatsoever arising or to arise from or in respect to the said living, until default shall be made by him or them respectively in the payment of the interest and principal or some part thereof, at the times and in the ⚫ manner aforesaid. In witness, &c.

6

NOMINATION of a Clergyman by the Bishop, to settle any
Dispute about the Proportion of the Payments within the
Year in which any Avoidance shall happen.

I The Right Reverend

Bishop of

pursuant to the Authority of an Act, passed in the seventeeth year of the Reign of his Majesty King GEORGE the Third, intituled, An Act to promote the Residence of the Parochial Clergy, by making 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, do hereby nominate the Reverend

a

being

Clergyman within my said Diocese, to adjust and determine the

17 Geo. III.

c. 53.

Representatives of the

* (in case of his Death) or the said

Clerk,

the

the last Incumbent, in case of his

Resignation or Promotion) concerning the due proportion to be paid by each of the said parties of the principal and interest which accrued due within the year in which such death or other avoidance happened, according to the direction true intent and meaning of the said Act. ( Given under my hand, this Day of

AWARD and DETERMINATION of the Clergyman nominated by the Bishop.

I

The Reverend A. B. of
of

in the county

and diocese of the Bishop of Clerk, having been nominated by the said Bishop, pursuant to the power given by an Act, passed in the seventeenth year of the reign of his Majesty King GEORGE the Third, intituled, An Act to Promote the Residence of the Parochial Clergy, by making 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, to adjust and determine the matter in dispute between the Reverend Clerk, the present Incumbent of the rectory vicarage, &c. within the said diocese and

• of

the representatives of the last Incumbent (in case of his death), or the said (in case of his resignation or promotion) concerning the due proportion to be paid by each of the said parties, of the principal and interest which accrued due within the year in which such death or avoidance happened, according to the direction and true intent and meaning of the said Act, and having heard and duly considered the said matters so referred to me as aforesaid, do award adjudge and determine, That the said

shall pay, in respect of the interest and principal which became due within the year aforesaid, the sum of and

that the said

⚫ the sum of

shall pay in respect of the same, being the remainder thereof, according

to the provision and direction of the said Act. Given under my hand, * this

day of

APPOINTMENT of the NOMINEE (to be wrote on

Parchment.)

E whose names are subscribed, being the Ordinary Patron and W Incumbent of the rectory vicarage, &c. of

within the county of

· of

and diocese of the Bishop of do hereby nominate and appoint

to receive the money authorised to be raised by an Act, passed in the seventeenth year of the reign of his Majesty King GEORGE the Third, intituled, An Act to promote the Residence of the Parochial Clergy, by making 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, for the purpose of building rebuilding repairing or purchasing the parsonage house, &c. (as the Case shall be) to the said rectory vicarage, &c. belonging, and to pay and apply the same, and to enter into contracts with proper persons for such buildings or repairs, and to inspect and take care of the exccution of such contracts and to take such receipts and vouchers keep such accounts and do and perform all such other matters and things which nominees are authorised and required to do and perform in and by the said Act, the said having given security for the due application thereof, according to the direction of the said Act Given under our hands, this day of

FORM of ORDER of the Ordinary Patron and Incumbent No. XXIII. for laying out or applying the Surplus Money.

WE whose names are subscribed, being the Ordinary Patron and Incumbent of the rectory vicarage, &c. of

'the county of

in

and diocese of the Bishop of do hereby order that the sum of now remaining in the hands of the person nomi'nated and appointed to receive and apply the money raised for building repairing, &c. the parsonage house, &c. belonging to the said rectory vicarage, &c. under the Act of Parliament, passed in the seventeenth year of the reign of his Majesty King GEORGE the Third, intituled, An Act to promote the Residence of the Parochial Clergy, by making 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, shall be [paid to being the person inti'tled to receive the money now remaining due on the mortgage made of the glebe lands tythes and other profits and emoluments of the said living, and applied in part of payment thereof pursuant to the direction of the said Act] or [applied in building or repairing, &c. (describing the same) upon the glebe belonging to the said living.] Given under our hands, this day of

FORM of CERTIFICATE from the two Clergymen. WE, the Reverend A. B. of

in the county of

Clerk, and C. D. of

Clerk,

being two clergymen within the diocese of the Bishop of do hereby certify to the said Bishop, pursuant to the direc'tions and instructions sent by him to us, that we have made enquiry 'into the state and condition of the buildings upon the glebe belonging to the rectory vicarage, &c. of within the said diocese, at 'the time the Reverend Clerk, the present incum

bent thereof, entered upon the said living, which was in or about the
year of our Lord
and do find [that

the same have been kept in due and common repair, without any wilful
neglect (if the case is so)] or [that the same have, by wilful negligence,
'been suffered to go to decay, and that they have sustained damage, from
a want of common and ordinary repair, to the amount of

" the said

pounds] and we have also enquired into the money received by for dilapidations, from the representatives ' of the former Incumbent, and do find that he hath received the sum of for such dilapidations; and [that he hath thereof (as the case may

'expended the whole, or
be) in the necessary repairs of the buildings] or [that the same hath
'not been laid out or expended in repairing the buildings] upon the glebe
belonging to the said living. Given under our hands, this

day of

FORM of the DEED of Sale, or Exchange, of Lands or
Tythes belonging to the Living or Benefice.

THIS Indenture, made the

the

the

year of the reign of his Majesty King GEORGE

and in the year of our Lord
between A. B. Ordinary of the rectory (vicarage chapelry or
in the county of
Patron of the said rectory,

perpetual cure, as the case shall be) of

C. D. of

&c. and the Reverend E. F. Clerk, Incumbent of the said rectory, &c.
of the one part, and G. H. of
of the other part.

Whereas, in the execution of an Act, passed in the seventeenth year of
the reign of his Majesty King GEORGE the Third, intituled, An Act, &c.
(here set forth the title of the Act) it hath been found convenient to pur-
chase (or exchange, as the case shall be) certain lands, &c. (describe parti-

17 Geo. III.

c. 53.

17 Geo. III.. c. 53.

No. XXIII.cularly the lands purchased) lying near and convenient to the parsonage house belonging to the said rectory, &c. (or, if the house be lately purchased) [lying near a certain messuage house or tenement and buildings lately purchased for the habitation of the minister of the said rectory, ' &c. under the powers of the said Act] and it hath been found most con'venient, and agreed by the said Ordinary Patron and Incumbent, that 'the glebe lands (or Tythes, as the case shall be) herein after described, belonging to the said rectory, &c. shall be sold, to raise the sum of being the purchase-money for the said lands 'herein before described (or exchanged, if the same is to be done by exchange, in order to make an equivalent for such lands) and a contract hath been 'made with the said G. H. for the absolute sale, at the price or sum of (or exchange, as the case shall be) of part

of the glebe land (or of the tythes, as the case shall be) belonging to the 'said rectory, &c. hereinafter mentioned; that is to say, (kere describe the • particulars of the land or tythes proposed to be sold or exchanged) which contract is hereby ratified and confirmed by the said Ordinary Patron ' and Incumbent: now this indenture witnesseth, that the said A. B. C.D. ' and E. F. in order to carry the said contract into execution, and to fulfil the purposes of the said recited Act, in pursuance of the powers thereby to them given, and in consideration of the sum of

the receipt whereof is acknowledged on the back of this deed; which sum hath been paid and applied in the purchase of the lands herein before described; have, and each of them hath granted bargained and sold (and exchanged, if the same be by exchange), and by these presents do, and each of them doth grant bargain sell (and exchange, if by exchange) unto the 'said G. H. and his heirs and assigns, all, &c. (here describe the lands or lythes as the case shall be) with their and every of their rights privileges and appurtenances, to hold to and to the use of the said G. H. his heirs and assigns for ever. (If done by exchange, add the following words), [in exchange for certain lands which belonged to the said G. H. and are, by indentures of equal date herewith, exchanged and conveyed to the said 'C. D. in trust for the sole use and benefit of the said E. F. and his successors rectors vicars, &c. (as the case shall be) of the said living or bene'fice, for the time being, for ever.] And the said A. B. C. D. and E. F. 'do hereby severally covenant for themselves, their several executors and administrators, to and with the said G. H. his heirs and assigns, that they, nor any of them, have or hath done any act whereby the said lands (or tythes as the case shall be) can or may be incumbered; and that the 'said G. H. his heirs and assigns, shall and may from time to time for ever hereafter peaceably and quietly hold and enjoy the said glebe lands or tythes (as the case shall be) according to the true intent and meaning of the said Act, without any lett hindrance or interruption of or from them, or any of them.

FORM of the DEED of Purchase or Exchange of Buildings or Lands to be annexed to the Living or Benefice.

THIS Indenture, made the

and in the year of our Lord

day of

year of the reign of his Majesty King
between A. B. of

in the

of the

one part; C. D. Ordinary of the rectory vicarage chapelry or perpetual 'cure (as the case shall be) of

in the county of

E. F. of
Patron of the said rectory, &c. and the Reverend
G. H. Clerk, Incumbent of the said rectory, &c. or the other part.
Whereas there is no parsonage house belonging to the said rectory, &c.
(or) [the parsonage house belonging to the said rectory, &c. is become
so ruinous and decayed (or so mean) that it is not fit for the habitation
of the minister of the said rectory, &c.] and one years net income or
produce of the said living or benefice will not be sufficient to rebuild
or repair the said house, with the necessary offices belonging thereto :
And whereas a certain messuage house or the tenement, with the