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No. 30. may require, to give and grant, either by Way of Exchange or Bene43 Geo III c. 108. faction, any such small Plot of Land not exceeding one Acre, to any

Accommodation

Person or Persons, Body Politick or Corporate, his and their Heirs and Successors respectively, to be held, used, and applied for the Purposes aforesaid; and such last-mentioned Person and Persons, Bodies Politick and Corporate, and their Heirs and Successors respectively, shall have full Capacity and Ability, with Consent of the Incumbent, Patron, and Ordinary, to take, hold, and enjoy such small Plot of Land for the Purposes aforesaid, without any Licence or Writ of Ad quod damnum, the Statute of Mortinain, or any other Act or Law to the contrary notwithstanding.

V. Provided also, and it is hereby further enacted and declared, shall be provided That in every Parochial Church or Chapel hereafter to be erected for all Persons re- ample Provision shall be made for the decent and suitable Accommodation of all Persons, of what Rank or Degree soever, who may be entitled to resort to the same, and whose Circumstances may render them unable to pay for such Accommodations.

sorting to Church, &c.

Former Rights of devising, &c. re seived.

VI. Provided also, That Nothing in this Act contained shall be construed to take away or abridge any Right of giving or devising which already exists in any Person whatsoever.

430 II. c. 109.

r. 84, (sec 4.)

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No. 31.

43 Geo. III. c. 109.-An Act to rectify a Mistake in an Act, made in this present Session of Parliament, intituled, An Act to amend the Laws relating to Spiritual Persons holding of Farms; and for enforcing the Residence of Spiritual Persons on their Benefices in England; and to remove a Doubt respecting the Title of the Statute of the twenty-first Year of King HENRY the Eighth therein mentioned. [27th July, 1803.]

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WHE

HEREAS by an Act, made in this present Session of Parliament, intituled, An Act to amend the Laws relating to Spiritual Persons holding of Farms; and for enforcing the Residence of Spiritual Persons on their Benefices in England; and reciting as therein is recited, it was amongst other Things enacted in the Words following; that is to say, “And it shall also be lawful for any Spiritual Person having or holding any Donative, Perpetual Curacy, or Parochial Chapelry, not having any sufficient or convenient Glebe or Demesne Lands annexed to, or in Right of, or by Reason of his Benefice or Cure of Chapelry, or for any Stipendiary 'Curate, or any unbeneficed Spiritual Person, with the Consent or Approbation of the Bishop of the Diocese, signified in Writing, to take to ferm to himself, or to any Person or Persons to his Use for a limited Term of Years, any Farm or Farms, Lands, Tenements, or Hereditaments, that may, under all the Circumstances, appear to such Bishop proper to be taken, held, or occupied by any such Spiritual Person, for the Convenience and Accommodation of his Household and Hospitality only, without being subject or liable to Prevision of re any Pains, Penalties, or Forfeitures, under the said first-recited Act or any other Act, by reason thereof, any Thing therein contained to the contrary notwithstanding :" And whereas after the Words "an Spiritual Person having or holding any." and before the Word Donative" in the said Provisions, the Word "Benefice" was by Mistake omitted to be there inserted: For rectifying the said Mis

cited Ach where

the Word

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tended to Spiritual

Persons having any

Benetice.

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take, may it therefore please your Majesty that it may be enacted; and

No. 31.

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be it enacted by the King's most Excellent Majesty, by and with the 43 G. III. c. 109. Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from the Day on which the said Act passed, the said Provision, and every Matter therein contained, shall extend, and be construed to extend, to every Spiritual Person having or holding any Benefice in like Manner as if the Word " Benefice" had been inserted after the Word any" and before the Word "Donative" in the said Provision in the said Act.

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II. And be it further enacted, That every Clause, Matter, and Clauses in said Provision contained in the said Act, which has or in Construction Act shall have Ef thereof can or ought to have relation to the said Provision, shall be fect as if "Beno fice" had been in construed in such and the like Manner, and shall be and be taken to serted. be of the same Effect as if the Word " Benefice" had been inserted as

aforesaid in the said Provision.

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recited in c. 84. of

III. And be it also enacted, That the said Act, passed in the Doubt respecting twenty-first Year of the Reign of King HENRY the Eighth, whereby the Title of 21 H. it is among other Things enacted in the Words or to the Effect fol- VIII. c. 13. (as lowing: That as well every Spiritual Person now being promoted this Session) re to any Archdeaconry, Deanry, or Dignity, in any Monastery of moved, Cathedral Church or other Church, Conventual or Collegiate, or beng beneficed with any Parsonage or Vicarage, as all and every Spirital Person and Persons which hereafter shall be promoted to any of the said Dignities or Benefices with any Parsonage or Vicarage, from the Feast of Saint Michael the Archangel next coming, shall be personally resident and abiding in, at, and upon his said Dignity, Prebend, or Benefice, or at one of them at the least; and in case that any sach Spiritual Person at any Time after the said Feast keep not Resi dence at one of his said Dignities, Prebends, or Benefices as is aforesaid, but absent himself wilfully by the Space of one Month together, or by the Space of two Months, to be accounted at several Times ia any one Year, and make his Residence and Abiding in any other Places by such Time, that then he shall forfeit for every such Default ten Pounds Sterling, the one Half thereof to the King our Sovereign Lord, and the other Half of the same to the Party that will sue for the same in any of the King's Courts by original Writ of Debt, Bill, Plaint, or Information, in which Action and Suit the Defendant shall not wage his Law, nor have any Essoign or Protection aliowed," shall, from the Day on which the said recited Act of this present Session of Parliament passed, be deemed and taken to all Intents and Purposes in the Construction of the said Act of the present Session, to be the Act of the twenty-first Year of the Reign of King HENRY the Eighth, intended to be recited in the said Act of the present Session of Parliament, and which is in such Act of the present Session mentioned to be intituled, Spiritual Persons abridged from having Pluralities of Livings, and from taking of Ferms, &c. Lotwithstanding any Mistake which there may be in the said Act of the present Session of Parliament, in setting forth the Title of the aid Act of the twenty-first Year of the Reign of King HENRY the Eighth, wherein and whereby it is enacted as aforesaid.

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44 Geo. IIL. c. 43.

No. 32.

44 Geo. III. c. 43.—An Act to enforce the due Observance of the Canons and Rubrick respecting the Ages of Persons to be admitted into the sacred Örders of Deacon and Priest.

[sd. May, 1804] [

WHEREAS by the Canons of the Churches heretofore of

England and Ireland, it is ordained, ordered, and directed, that no Bishop shall admit any Person into the sacred Order of a Deacon who is not twenty-three Years old, nor to be a Priest except he be twenty-four Years compleat: And whereas by the Prefaces to the Forms or Ordination of Priests and Deacons, established and used by Authority of several Acts of the Parliaments of England and Ireland respectively, it is directed that none shall be admitted Deacon except he be twenty-three Years of Age, unless he have a Faculty, and that every Man which is to be admitted a Priest shall be full twenty-four Years old: And whereas, in that Part of the United Kingdom called Ireland, the aforesaid Rule respecting the Ages of Persons desiring to be admitted into Holy Orders has been 'sometimes disregarded and rendered of no Effect, to the great Scandal and Detriment of the Church, and to the Prejudice of Religion: For the better Prevention whereof for the future, and also in order that one certain and undoubted Rule and Course of Practice way hereafter prevail and be observed in this Respect in England and Ireland,' 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 None shall be ad. the Authority of the same, That from and after the passing of this mitted Deacon he Act, no Person shall be admitted a Deacon before he shall have fore 23, nor Priest attained the Age of three and twenty Years compleat, and that no before 24; nor capable of holding a Person shall be admitted a Priest before he shall have attained the Benefice; but Title by Lapse shail Age of four and twenty Years compleat: And in Case any Person not accrue without shall, from and after the passing of this Act, be admitted a Deacon

Notice.

Saving of Right of

before he shall have attained the Age of four and twenty Years com pleat, or be admitted a Priest before he shall have attained the Age of four and twenty Years compleat, that then and in every such Case the Admission of every such Person as Deacon or Priest respectively, shall be merely void in Law as if such Admission had not been made, and the Person so admitted shall be wholly incapable of having, holding, or enjoying, or being admitted to any Parsonage, Vicarage, Benefice, or other Ecclesiastical Promotion or Dignity whatsoever, in Virtue of such his Admission as Deacon or Priest respectively, or of any Qualification derived or supposed to be derived therefrom: Pro vided always, that no Title to confer or present by Lapse shall accrue by any Avoidance or Deprivation, ipso facto, by Virtue of this Statute, but after six Months' Notice of such Avoidance or Deprivation given by the Ordinary to the Patron.

II. And be it further enacted, That Nothing herein contained granting Faculties. shall extend, or be construed to extend, to take away any Right of granting Faculties heretofore lawfully exercised, and which now be Tawfully exercised by the Archbishop of Canterbury or the Archbishop of Armagh.

No. 33.

45 Geo. III. c. 101.-An Act to repeal so much of an
Act passed in the Ninth Year of the Reign of His late
Majesty King GEORGE the Second, intituled, An Act
to restrain the Disposition of Lands, whereby the same
become unalienable, as restrains Colleges within the
two Universities of Oxford and Cambridge from pur-
chasing or holding Advowsons, except as therein is
provided.
[10th July, 1804.]

WHEREAS it is amongst other Things provided by an Act,

45 G. III. c. 101.

Advowsons

Col

passed in the Ninth Year of the Reign of His late Majesty King GEORGE the Second, intituled, An Act to restrain the Disposi- restraining 9 G 2, c. 36, § 5. tion of Lands, whereby the same become unalienable, that no College leges from puror House of Learning in either of the Two Universities within that chasing or holding Part of the United Kingdom called England, which doth or shall pealed. hold or enjoy so many Advowsons of Ecclesiastical Benefices as are or shall be equal in Number to One Moiety of the Fellows, or Persons usually styled or reputed as Fellows, or where there are or shall be no Fellows, or Persons usually styled or reputed as Fellows, to One Moiety of the Students upon the Foundation whereof any such College or House of Learning doth or may by the present Constitution of such College or House of Learning consist, shall, from and after the Twenty-fourth Day of June, One Thousand Seven Hundred and Thirty-six, be capable of purchasing, acquiring, receiving, taking, holding, or njoying, any other Advowsons of Ecclesiastical Benefices by any Means whatever, the Advowsons of such Ecclesiastical Benefices as are annexed to or given for the Benefit or better Support of the Headships of any of the said Colleges or Houses of Learning, not being computed in the Number of Advowsons hereby limited: And whereas the above Restriction has been found by Experience to operate to the Prejudice of such Colleges or Houses of Learning, by rendering the Succession too slow: And whereas the Removal of sach Restriction will be for the Benefit of such Colleges or Houses of Learning, and of the said Universities, and will tend to the Promotion of Learning, and to the providing a better Supply of fit and 'competent Parochial Ministers; be it therefore 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 so much of the said Statute as is herein-before recited shall be and the same is hereby repealed.

No. 34.

51 Geo. III. c. 115.-An Act for amending the Act Forty third GEORGE Third, to promote the building, repairing or otherwise providing the Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church Yards and Glebes.

[26th June, 1811.]

WHEREAS by an Act passed in the Forty third Year of His 51 6. III. c. 115.

present Majesty's Reign, intituled, An Act to promote the 43 G. III. c. 108.

building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of

sec. 1.

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No. 34.

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́ ́ Church Yards and Glebes : it was enacted, that every Person and 51 G. III. c 115. Persons having in his or their own Right any Estate or Interest in Possession, Reversion or Contingency of or in any Lands or Tenements, or of any Property of or in any Goods or Chattels, should have full Power, Licence and Authority, by Deed inrolled, in such Manner, and within such Time as is directed in England by the Statute made in the Twenty seventh Year of the Reign of King HENRY the Eighth, and in Ireland by the Statute made in the Tenth Year of the Reign of King CHARLES the First, for Inrolment of Bargains and Sales; or by his, her or their last Will or Testament in Writing, duly executed according to Law, such Deed or such Will or Testament being duly executed Three Calendar Months at least before the Death of such Grantor or Testator, including the Days of the Execution and Death, to give and grant to and vest in any Person or Persons, or Body Politic or Corporate, and their Heirs and Successors respectively, all such his, her or their Estate, Interest or Property in such Lands or Tenements not exceeding Five Acres, or Goods and Chattels, or any Part or Parts thereof, not exceeding in Value Five Hundred Pounds, for or towards the erecting, rebuilding, repairing, purchasing or providing any Church or Chapel where the Liturgy and Rights of the said United Church are or shall be used or observed, or any Mansion House for the Residence of any Minister of the said United Church, officiating or to officiate in any ⚫such Church or Chapel, or of any Outbuildings, Offices, Church Yard or Glebe for the same respectively, and to be for those PurI poses applied according to the Will of the said Benefactor in and by such Deed inrolled, or by such Will or Testament executed as aforesaid expressed (the Consent and Approbation of the Ordinary being 'first obtained), and in Default of such Direction, Limitation or Ap pointment, in such Manner as shall be directed and appointed by the Patron and Ordinary, with the Consent and Approbation of the Parson, Vicar or other Incumbent; and such Person and Persons, Bodies Politic and Corporate, and their Heirs and Successors respectively, should have full Capacity and Ability to purchase, receive, take, hold and enjoy for the Purposes aforesaid, as well from such Persons as shall be so charitably disposed to give the same, as from all other Persons as shall be willing to sell or alien to such Person or Persons, Bodies Politic or Corporate, any Lands or Tenements, Goods or Chattels, without any Licence or Writ of Ad quod damnum : And whereas Doubts have arisen whether the Powers and Provisions of the said Act will enable His Majesty to make any such Grant for the Purposes before mentioned: And whereas it is expedient that the Powers of the said Act should be extended for that Purpose; Be it therefore 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 the King's Most Excellent Majesty, his Heirs and His Majesty may Successors, shall have full Power, Licence and Authority, by Deed Person for build- or Writing under the Great Seal, or under the Seal of his Duchy and ing or repairing County Palatine of Lancaster, to give and grant and vest in any Person Church or Chapel, or House for Resi or Persons, Bodies Politic or Corporate, and their Heirs and Successors dence of Minister. respectively, all such his, her or their Estate, Interest or Property in

vest Lands in any

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any Lands or Tenements within the Survey of the Court of Exchequer, or of the Duchy of Lancaster, for or towards the erecting, rebuilding, repairing, purchasing or providing any Church or Chapel where the Liturgy and Rites of the said United Church are or shall be used or observed, or any Mansion House for the Residence of any Minister of the said United Church officiating or to officiate in any such Church or Chapel, or of any Outbuildings, Offices, Church

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