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goods or other things thereto belonging, or in anywise touching or The order concerning the same: and further shall be ordered, directed and and visiting visited, placed or upon just cause displaced, by such person or peror an hospi- sons, bodies politic or corporate, their heirs, successors or assigns,
as shall be so nominated or assigned by the founder or founders The statutes thereof, their heirs or assigns, according to such rules, statutes and nances of an ordinances, as shall be set forth, made, devised or established by the hospital.
said founder or founders, their heirs or assigns, in writing under his or their hand and seal, not being repugnant or contrary to the laws
and statutes of this realm; any law, statute, custom, usage or other The founder thing whatsoever to the contrary in anywise notwithstanding: and may place the that it shall be lawful unto the founder or founders, his and their
heirs or assigns, upon the death or removing of any head or member of any such corporation, to place one other in the room of him that dieth, or is removed, successively for ever.
II. Provided always, that all leases, grants, conveyances or estates by hospitals.
to be made by any corporation so to be founded as aforesaid, exceeding the number of one and twenty years, and that in possession, and whereupon the accustomable yearly rent or more, by the greater
part of twenty years next before the making of such lease, shall not A saving of be reserved and yearly payable, shall be void. Saving to all persons, the right of bodies politic and corporate, their heirs and successors, (other than hospital the founders and givers, their heirs and successors), all such right, lands.
title, claim, possession, rents, services, commons, demands, interest and profits, which they or any of them shall have, or of right ought to have, of, in or to any the lands, tenements or hereditaments hereafter to be given, limited or assigned in form aforesaid, in as ample
manner as if this statute had never been had or made. Certain per- III. Provided also, that this act or any thing therein contained
shall not extend to enable any person or persons, being within age, create hospi- women covert without their husbands, or of not sanæ memorie, to tals.
make any such corporation, or to endow the same; any thing in
this present act to the contrary thereof in anywise notwithstanding. Ten pounds IV. Provided always, that no such hospital, maison de dieu, abiding lands at the least shall be place or house of correction shall be erected, founded or incorporated assured to an hospital.
by force of this act, unless upon the foundation or erection thereof, the same be endowed for ever, with lands, tenements or hereditaments of the clear yearly value of ten pounds by the year.
V. Provided also, and be it further enacted, that no such incorporation to be founded by force of this act shall at any time hereafter do or suffer to be done any act or thing, whereby or by means whereof any of the lands, tenements, hereditaments, stock, goods or chattels of such incorporation, or any estate, interest, possession or property of or in the same or any of them, shall be vested or trans
ferred in or to any other whatsoever, contrary to the true meaning The con- of this act: and that such construction shall be made upon this act struction of as shall be most beneficial and available for the maintenance of the this act.
poor, and for repressing and avoiding of all acts and devices to be
invented or put in ure contrary to the true meaning of this act. Further
[Made perpetual by 21 Jac. 1, c. 1.] provisions relating hereto, see 13 & 14 Car. 2, c. 12. 7& 8 W. 3, c. 37, empowering the king to grant licence to alien in mortmain ; and 9 Geo. 2, c. 36, which restrains gists in mortmain by will.
eons not enabled to
39 ELIZABETH, CAP. 6.-An act to reform deceits and breaches of trust touching lands given to charitable uses.-See Title—“CHARITABLE USES," vol. i. p. 479.
43 ELIZABETH, CAP. 4.-An act to redress the misemployment of lands, goods and stocks of money heretofore given to certain charitable uses. See Title—“CHARITABLE USES,” vol. i. p. 481.
21 JAMES 1, CAP. 1.-- An act for the reviving and making perpetual of one act made in the nine and thirtieth year of the late queen Elizabeth, intituled, an act for erecting of hospitals, and abiding and working houses for the poor.-—Whereas in the parliament held in The statute
of 39 Eliz.c.5, the nine and thirtieth year of the reign of the late queen Elizabeth of happy memory, a good law was made, intituled, an act for erecting of petual hospitals, or abiding and working houses for the poor ; but the power, 414 and selicence and authority given by the said statute, to erect, found and quent. establish such houses and abiding places, as are therein mentioned, was confined to the space of twenty years then next ensuing, which said time is now expired.
II. Be it therefore enacted by the authority of this present parliament, that the said act and all things therein contained, shall from henceforth be revived and made perpetual to have continuance for ever.
III. And be it also enacted, that all hospitals, maisons de dieu, The erection and abiding places for poor, lame, maimed and impotent people, or
of all hospi
tals, &c.since for houses of correction, at any time since the said twenty years the expiraexpired, erected, founded or made, or at any time hereafter to be 39 Eliz. c. 5, erected, founded or made, according to the purport of the said confirmed. statute, shall be incorporated, and have perpetual succession and 13 & 14 Car.2, capacity, to have, take and enjoy all other privileges, benefits and 12 immunities, to all intents and purposes, according to the provisions, c. 37, and tenor, purport and true meaning of the said act, as if the same had 9 G. 2, c. 36. been made, founded or endowed within the space of twenty years next ensuing the said statute. [43 Eliz. c. 4.]
7 & 8 W.3,
FOR REFERENCE, IF NECESSARY,
IDENTIFICATION OF BOUNDARIES AND
2 & 3 William 4, Cap. 80.-An act to authorize the identifying of lands and other possessions of certain ecclesiastical and collegiate corporations.-- Whereas the archbishops and bishops of the several dioceses, and the deans, and deans and chapters, archdeacons, prebendaries, and canons, and other dignitaries and officers of the several cathedral and collegiate churches and chapels, and the masters or other heads, and fellows and scholars or other societies of the several colleges and halls in the universities of Oxford and Cambridge, and of the colleges of Winchester and Eton, are proprietors of divers manors, messuages, lands, tenements, tithes, and hereditaments, and in many cases the boundaries or quantities and the identity of lands within such manors, and of such messuages, lands, tenements, and hereditaments, and of lands subject to any such tithes, or some part or parts thereof, are unknown or disputed, and it would be a great benefit, as well to such proprietors respectively, as to their lessees, copyhold or customary tenants, sub-lessees, or under-tenants, their, his, or her heirs, executors, administrators, or assigns, if the said manors, messuages, lands, tenements, tithes, and hereditaments were identified, and the boundaries and quantities thereof ascertained and finally settled : be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and tem
poral, and commons, in this present parliament assembled, and by Archbishops, the authority of the same, that from and after the passing of this bishops,
act it shall and may be lawful to and for any archbishop, bishop, deans, and chapters, &c. dean, dean and chapter, or other corporation aggregate or sole into agree
hereinbefore mentioned, to enter into an agreement of reference or
deed of submission with his or their lessee or lessees, copyhold or reference customary tenant or tenants, sub-lessee or sub-lessees, under-tenant with their lessees, to
or under-tenants, his, her, or their heirs, executors, administrators, ascertain and or assigns, or with the owner or owners of any other hereditaments settle unknown or
adjoining to or intermixed with the said manors, messuages, lands, disputed tenements, tithes or hereditaments, whereby it shall be agreed that or quantities any unknown or disputed boundaries or quantities of such manors, of manors messuages, lands, tenements, tithes or hereditaments, or any part &c.
thereof, shall be referred to the adjudication of such person or persons as may be agreed upon and named by the said archbishop, bishop, dean, dean and chapter, or other corporation aggregate or sole, and by his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, administrators, or assigns, or by
ments or deeds of
such owner or owners of any other hereditaments situate as aforeReferees to said; and that such referee or referees shall be fully authorized to make sur- make or cause to be made surveys, maps, and admeasurements of and admea- the said manors, messuages, lands, tenements, tithes, and hereditasurements ;
ments, or any part thereof, and to summon any persons as witnesses,
to call for all
IDENTIFICATION OF BOUNDARIES AND QUANTITIES.
203 and examine them on oath (which oath he or they are hereby autho- to summon rized to administer) touching or concerning any of the matters or witnesses on things so referred as aforesaid, or in any way relating thereto; and oath; also to call for the production of all surveys, maps, deeds, books, deeds, &c.; papers, and writings in the custody or power of any of the parties to the said reference, or of any other person or persons, of or concerning the matters in question ; and the said referee or referees, having to make well and sufficiently investigated and considered the same, and all awards, with matters to him or them referred, shall and may make his or their on parch
ment or velaward or awards in writing, under his or their hand and seal or lum. hands and seals, with a map or maps drawn thereupon or thereunto annexed, and which said award or awards and map or maps shall be upon parchment or vellum, and shall award and determine, identify, delineate, and describe the boundaries, quantities, particulars, and situations of the said manors, messuages, lands, tenements, tithes, and hereditaments so referred to him or them as aforesaid; and the Awards and said award or awards and map or maps shall be laid before all the laid before parties to any such agreement of reference or deed of submission, parties, and including the party or parties whose consent is required by this act, bation to be whose approbation thereof shall be written upon the said award or
written. awards, and shall be signed and sealed by them, and thereupon the said award or awards and map or maps shall be for ever afterwards binding upon all parties, and final and conclusive as to all matters therein contained or thereby referred to.
II. Provided always, and be it further enacted, that in every case Certain conin which any of the powers herein before contained shall be exercised quiredelo by any bishop, dean, archdeacon, prebendary, or other ecclesiastical render valid coporation sole, the deed of submission or agreement of reference, under this and also the approbation of the award, shall, in the case of a bishop, act. be executed by the archbishop of the province testifying his consent thereto; or in case of a dean, the same shall be executed by the dean and chapter testifying their consent thereto; or in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, the same shall be executed by the archbishop or bishop of the diocese testifying his consent thereto.
III. And be it further enacted, that from and after the passing Power to of this act it shall and may be lawful to and for the said lessee or
infants, marlessees, copyhold or customary tenant or tenants, sub-lessee or sub- lunatics, &c. lessees, under-tenant or under-tenants, and such other owner or reference. owners as hereinbefore named, his, her, or their heirs, executors, administrators or assigns, who at the time of making any reference authorized by this act shall be tenant or tenants in fee tail, general or special, or for life or lives, and for the guardians, husbands, committees, or attornies of or acting for any such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any such reference shall be respectively an infant or infants, feme covert or femes covert, or of unsound mind, or beyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of
or deeds of
IDENTIFICATION OF BOUNDARIES AND QUANTITIES. submission or approbation of any award or awards and map or maps authorized by this act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee simple, and of full age, sole, of sound mind, or within the realm of England, and not under any
other legal disability. Agreements IV. And be it further enacted, that immediately after the execution reference,
by the parties of the instrument shewing their approbation of any awards and award to be made by virtue of this act, the agreement of reference deposited in or deed of submission, and also the award or awards and map or registry of archbishop,
maps, authorized to be made by this act, and a copy of the minutes bishop, &c. of evidence whereupon the same is made, shall be deposited, in the
case of any reference by any archbishop or bishop, in the office of their own registrar; and in case of any reference by any dean, dean and chapter, archdeacon, prebendary, canon, and other dignitary and officer of a cathedral or collegiate church or chapel, in the office of the registrar of the dean and chapter thereof; and in case of any reference by any masters or other heads, or by any fellows and
scholars, or other societies hereinbefore named, in the office of the Documents steward or other proper officer of their said colleges and halls ; and to be produced for
every such registrar, steward, or other officer, or some person or inspection. persons on his behalf, shall produce the documents and papers so
deposited with him, or any of them, at all proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a
copy or copies of the same or any of them to every such person Registrar's
or agent who shall make application for such copy or copies; and every such registrar, steward, or other officer shall in every case be entitled to the sum of five shillings and no more for receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid; and the sum of one shilling and no more for every production of the same or any of them to be inspected; and the sum of sixpence and no more for every folio containing seventy-two words of every copy; and the sum of ten shillings and no more for every
copy of a map so made as aforesaid. Expenses of V. And be it further enacted, that the expenses attending every reference how to be
reference which shall be made under the authority of this act, and paid.
all the proceedings hereby required relating to the same, shall be paid and borne by the parties thereto in such manner, shares, and proportions as they shall agree; and in case the said parties shall not make any agreement relating to such expenses, then all such expenses, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal
moieties. Act limited VI. Provided also, and be it further enacted, that this act shall and Wales. extend only to that part of the united kingdom called England and