In case of not making title, pur chase money to be paid into court of exchequer. governors, or their treasurer for the time being, shall, upon an order for that purpose made by the lord high treasurer or the commissioners of her majesty's treasury, or any three or more of them, pay to the said Henry Warre, or other the owner or owners of the said office of remembrancer of first fruits and tenths, and the fee simple and inheritance thereof, the sum of money which shall in manner aforesaid have been ascertained and declared to be the fair and reasonable price or value of the same, and that the receipt of the person or persons to whom the same money shall be paid shall be a good and sufficient discharge to the said governors. XIV. Provided always, and be it enacted, that in case a good out a good title to the said office of remembrancer of first fruits and tenths, and the fee simple and inheritance thereof, shall not be deduced and evidenced, then and in that case it shall and may be lawful for the said governors, and they are hereby required, with all convenient speed, to pay the sum of money which shall have been in manner aforesaid ascertained and declared to be the reasonable price and value of the said office of remembrancer into the bank of England in the name and with the privity of the accountant-general of the court of exchequer, to be placed to his account there ex parte the said governors of the bounty of queen Anne, pursuant to the method 1 G. 4, c. 35. prescribed by an act made in the first year of the reign of his majesty king George the fourth, intituled an act for the better securing the monies and effects paid into the court of exchequer at Westminster on account of the suitors of the said court, and for other purposes, and the general orders of the said court, and without fee or reward; to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way by the said Henry Warre, or other the person or persons, body or bodies, who would have been entitled to the fees, emoluments, and profits of the said office of remembrancer of first fruits and tenths in case the same had not been abolished, in or towards the discharge of any debt or debts, or such other incumbrances or part thereof, as the said court shall authorize to be paid, affecting the same office, or any part or parts, share or shares, estate or estates, interest or interests thereof or therein, or charge or charges thereon, or affecting any other hereditaments standing settled therewith to the same or the like uses, trusts, intents or purposes; or where such money shall not be so applied then the same shall be laid out and invested, under the like direction and approbation of the said court, in the purchase of messuages, lands, tenements, or hereditaments, which shall be con veyed and settled to, for, and upon such and the like uses, trusts, intents, and purposes, and in the same manner, as the said office of remembrancer of first fruits and tenths so hereby abolished as aforesaid stood settled or limited immediately before the passing of this act, or such of them as at the time of making such conveyance or settlement shall be existing undetermined and capable of taking effect; and that in the meantime and until such purchase shall be made the said money shall, by order of the said court, upon application thereto, be invested by the said accountant-general in his name in the purchase of three pounds per centum consolidated or three pounds per centum reduced bank annuities; and that in the meantime and until such bank annuities shall be ordered by the said court to be sold for the purposes aforesaid the dividends and annual produce of the said consolidated or reduced bank annuities shall from time to time be paid, by order of the said court, to the said Henry Warre, or other the person or persons, body or bodies, who would for the time being have been entitled to the rents and profits of the lands, tenements, and hereditaments so hereby directed to be purchased, in case such purchase and settlement were actually made. possession of to be deemed thereto until contrary is XV. Provided always, and be it enacted, that if any question Persons in shall arise touching the title of the said Henry Warre, or of any office of reother person or persons, body or bodies, to the monies to be paid membrancer into the bank of England in the name and with the privity of the rightfully accountant-general of the court of exchequer, in pursuance of this entitled act, for the purchase of or as a compensation for the said office of remembrancer of first fruits and tenths, or to any bank annuities to proved. be purchased with any such money, or to the dividends or interest of any such bank annuities, the said Henry Warre, the present possessor of the said office of remembrancer, and all and every person or persons claiming under him, shall be deemed and taken to have been lawfully entitled to the said office, until the contrary shall be shown to the satisfaction of the said court of exchequer; and the dividends or interest of the bank annuities to be purchased with such money, and also the capital of the said bank annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such office of remembrancer, or to some part or share thereof, or to some estate or interest therein or charge thereon. Ripon and new sees to XVI. And be it enacted, that the right reverend Charles Thomas Bishop of lord bishop of Ripon, and the bishop of Ripon for the time being, bishops of shall be a governor of the bounty of queen Anne for the augmenta- any future tion of the maintenance of the poor clergy; and that in the event of be governors. the foundation of any new see or sees in England or Wales the bishop or bishops thereof for the time being shall be a governor or governors of the said bounty. meeting of governors yearly. XVII. And be it enacted, that between the first day of February General and the first day of July in every year, on some convenient day and at some convenient place in the city of London or Westminster, to be to be held respectively appointed for that purpose by the said governors of the bounty of queen Anne, they the said governors shall hold an extraordinary general court or meeting for the despatch of the business of the said governors, and that at least fourteen days' previous notice of the time and place of such general court or meeting shall be yearly given in the London Gazette. be annually XVIII. And be it enacted, that the said governors of the bounty Account to of queen Anne shall, in the month of November in every year, make laid before out in writing a return of all their receipts and disbursements during her majesty the preceding year ending on the thirty-first day of December then and both past, and of all sums of money which at the time of making parliament. last in council houses of Governors empowered to make rules and orders. Deeds for purchases, such account or return shall appear to be due or in arrear from any person or persons whomsoever for or in respect of first fruits and tenths respectively, and shall present such account or return to her majesty in council; and that the same or copies thereof shall, at the commencement of the ensuing session, be laid before both houses of parliament; and shall cause a duplicate of each such account or return to be deposited, on or before the first day of December in every year, at the office of the secretary of the said governors for the time being, who shall keep and preserve the same respectively at his said office; and all persons whatsoever may at all seasonable times have access thereto, and be furnished by the said secretary with copies or extracts thereof or of such part or parts thereof as they shall require, stamped with the common seal of the said governors, on giving reasonable notice to the said secretary, and on payment of two shillings and sixpence for such inspection, and after the rate of three-pence for every seventy-two words contained in such copy or extract; and all copies of or extracts from any of the said duplicates of the said accounts or returns, purporting to be stamped with the common seal of the said governors, shall be received in evidence in all courts and before all judges whatsoever without any further proof thereof. XIX. And be it enacted, that it shall be lawful for her majesty and her successors, under her or their royal sign manual, from time to time as there shall be occasion, and at the recommendation of the said governors of the bounty of queen Anne, to make rules, orders, regulations, and arrangements for the better collecting, receiving, and enforcing the payment of the said first fruits and tenths, and accounting for the same, and for prescribing or regulating the duties of the said treasurer for the time being with respect to the said first fruits and tenths, and his receipt, disposition, and accounting for the same, and the number, duties, and employment of the clerks or other persons, to be employed therein under the direction of such treasurer or otherwise, and for the remuneration of the said treasurer, clerks, and other persons respectively, for the duties performed by him and them respectively in the matters aforesaid, either by a fixed salary or salaries, or by the appropriation to him or them respectively, for his or their own benefit, of all or any of the fees hereinbefore directed to be paid to such treasurer for the time being, and for enforcing and carrying into more complete operation the objects and purposes of this act. XX. And whereas it is expedient that the said governors of the bounty of queen Anne should be empowered to adopt and use short made in the forms of deeds in cases of purchases and grants by way of gift or &c., to be following form. benefaction of lands, tenements, and hereditaments, and annual stipends, rent charges, or annuities, for the perpetual augmentation of small livings and cures; be it therefore enacted, that all conveyances and grants, either by way of purchase or by way of gift or of benefaction, of lands, tenements, and hereditaments hereafter to be made to or by the direction of the said governors and their successors, according to the rules and orders established for the regulation of the said bounty by letters patent under the great seal of Great Britain, and pursuant to the charter of incorporation of the said governors, and the several acts of parliament in that case made and provided for the perpetual augmentation of small livings and cures, may be made according to the following form, or as near thereto as the number of the parties and the circumstances of the case will admit; namely, of I (as the case may be), and his successors, by the direction of the said witness whereof, &c. And all such conveyances and grants shall be valid and effectual in the law to convey all the right, title, and interest of the grantors or grantor in the premises thereby conveyed or granted. of stipends, &c. following XXI. And be it enacted, that all deeds for the purpose of granting Deed for stipends, rent charges, or annuities, to or by the direction of the said granting governors for the augmentation of small livings and cures, may be to be in the made according to the form following, or as near thereto as the num- form. ber of the parties and the circumstances of the case will admit; viz., I in consideration of [state the consideration], do hereby give and grant unto the governors of the bounty of queen Anne for the augmentation of the maintenance of the poor clergy, and their successors, [or to the rector, vicar, curate, or incumbent of the rectory, vicarage, curacy, &c. of and his successors, by the direction of the said governors, testified by their affixing their common seal to this grant], the clear rent charge or annual sum of to be issuing out of and charged upon all [describe the premises charged], to hold the said clear rent charge or annual sum of free from all charges and deductions now payable or hereafter to be made payable, unto the said governors, their successors and assigns, to be by them applied to the perpetual augmentation of the maintenance of the rector, vicar, curate, or incumbent (as the case may be), of, &c. or unto the rector, vicar, curate, or incumbent of, &c., (as the case may be), for the perpetual augmentation of the said rectory, vicarage, curacy, or benefice], such clear rent charge or annual sum to be paid yearly for ever, by four equal quarterly payments, on the days and times following, [specify the days and times and the place at which the payments are to be made], the first payment to be made on such of the said days as shall first happen next after the date hereof. In witness whereof, &c. Definition of the word &c. And every such gift and grant shall be valid and effectual in the law for the purpose of securing the payment of such clear rent charge or annual sum as shall be therein expressed to be granted, as far as the estate or interest of the grantors or grantor in the tenements and hereditaments thereby charged shall extend, and shall be construed and adjudged in all courts of judicature to authorize and empower the grantees or grantee therein named, and their respective successors and assigns, if such clear rent charge or annual sum, or any part thereof, shall be in arrear for the space of twenty-eight days, to levy the same by distraining any goods upon the premises charged, and selling the distress, as in the case of rent reserved on common leases for years, and to repeat such distress and sale from time to time, whenever necessary, until such clear rent charge or annual sum, and all arrears thereof, and any costs attending the non-payment thereof, shall be fully discharged. XXII. And be it enacted, that in all such conveyances and grants "Grant" in made for valuable consideration for the augmentation of any small conveyances, living or cure, the word "Grant" shall, where the grantors or grantor at the time of such conveyances or grants had or claimed to have a beneficial interest in the premises conveyed, granted, or charged, operate as and be construed and adjudged in all courts of judicature to be an express covenant to or with the grantees or grantee, their or his successors and assigns, by or from the grantors or grantor, their, his, or her successors, heirs, executors, and administrators, that, notwithstanding any act of the said grantors or grantor or their or any of their ancestors, to the contrary, the said grantors or grantor were or was at the time of the execution of such conveyances or grants seized or possessed of, and had full power and authority to grant and convey or to charge, the lands or premises thereby granted or charged, for an indefeasible estate of inheritance in fee simple, or otherwise for such estate or interest as therein expressed, free from all incumbrances, and that, notwithstanding any such act as aforesaid, the grantees or grantee, their or his successors and assigns, shall quietly enjoy such lands and premises, or such rent charge, as the case may be, against all persons whomsoever claiming or to claim by, from, under, or in trust for such grantors or grantor, or by, from, under, or in trust for their or any of their ancestors, and be indemnified and saved harmless by the said grantors or grantor, their, his, or her successors, heirs, executors, and administrators, from all incumbrances whatsoever made or created by such grantors or grantor, or any of them, or their or any of their ancestors, and also for further assurance, at the expense of the grantees or grantee, their or his successors or assigns, of such lands and premises, or of such rent charge, by the said grantors or grantor, and all persons claiming under them, him, or her, unless and except and so far as the same shall be restrained or limited by express particular words contained in such conveyances and grants; but where the said grantors or grantor at the time of such conveyances or grants were or was bare trustees or a bare trustee only of the premises thereby conveyed or granted, the word "Grant" shall operate as and be construed and adjudged to be an express covenant with the grantees or grantee, their or his successors and assigns, by or from the grantors |