No. 7.

1 Eliz. 11,

might be if the said Statute were not; so alway that such Honse be not the Capital or Dwelling-House used for the Habitation of the Persons abovesaid, nor have Ground to the same belonging above the Quantity of ten Acres; any Thing in the said Act to the contrary notwithstanding.

XVIII. And be it further enacted, That all Sums of Money Money recovered hereafter to be recovered, for or in Name of Dilapidations, by Senshall be employed tence, Composition or otherwise, shall within two Years after such in Repair of the Receipt be truly employed upon the Buildings and Reparations, in

for Dilapidations

same Houses

to be made by

Statute.

Respect whereof such Money for Dilapidations shall be paid; on Pain that every Person so receiving and not employing as aforesaid, shall forfeit double as much as so shall be by him received and not employed; the which Forfeiture shall be to the Use of the Queen's Majesty, her Heirs and Successors.

XIX Provided alway, and be it enacted, That no Lease shall be Certain Observa permitted to be made by Force of this Act, in Reversion, (1) nor tions in the Leases without reserving the accustomed yearly Rent at the Least, nor withSpiritual Persons out charging the Lessee with the Reparations, nor for longer Term according to this than forty Years at the most; nor any Houses shall be permitted to No College shall be aliened, unless that in Recompence thereof there shall be afore, alien any House with or presently after such Alienation, good, lawful and sufficient without present Assurance made in Fee-simple absolutely to such Colleges, Houses, Bodies Politick or Corporate, and their Successors of Lands, of as good Value, and of as great yearly Value at the least, as shall be so aliened; any Statute to the contrary notwithstanding.

and sufficient Sa tisfaction.

XX. And forasmuch as all the same several Acts and 'Statutes and every of them do seem good, beneficial and needful to The first men be further continued, for the Weal and Profit of this Realm,' Be it therefore now enacted, by the Queen's most excellent Majesty, with the End of the the Assent of the Lords Spiritual and Temporal, and the Commons in Best Partament. this present l'arliament assembled, and by the Authority of the same,

tioned 13 Stat. continued until

That the same several Acts and Statutes and every of them, and all and every Article, Clause and Sentence, in them and every of them contained, shall continue, be and endure in full Force and Effect until the End of the next Parliament. 39 El. c. 18.

(1) A concurrent Lease, there being ten Years expired of the old one, is a Lease in Reversion, and void within this Act.-Hume v. Singleton, Cro. Eliz. 564. Qu.. if a Lease under this Statute, to commence within three Years, is good by Stat. 18 Eliz.—Bayley v. Murin, Ventr. 244, 2 Lev. 61.— Vi. Case of Magdalen College, Poph. 8.

No. 8.

14 Elizabeth, c. 16.~An Act for the Assurance of Gifts, Grants, &c made and to be made to and for the Relief of the Poor in the Hospitals, &c.

14 Eliz c. 16. WHERE our late Sovereign Lord of famous Memory King

EDWARD the Sixth, by his Letters Patents dated the twentysixth Day of June, in the seventh Year of his most gracious Reign, 'did found, erect, and establish three Hospitals in and near to the •City_of_London, called the Hospitals of King EDWARD the Sixth, of Christ, Bridewell, and St. Thomas the Apostle; and by his said Letters Patent gave and granted Power and Liberty for purchasing of Lands, Tenements and Hereditaments for the Relief and Sustenta tion of the Poor in the said Hospitals, as by the said Letters Patents

E

דע

more plainly appeareth. And whereas also our late Sovereign Lord King HENRY the Eighth, by his Letters Patents dated the thirteenth of January in the thirty-eighth Year of his Reign, did found an Hospital in West Smithfield called Little St. Bartholomew's, near London And whereas divers well-disposed and charitable Persons have given Lands, Tenements and Hereditaments, to the Relief and Sustentation of the Poor, not only in the said Hospitals, but also in other Hospitals. And as it is hoped many more hereafter will likewise charitably give, and where many of such Gifts and Assurances have been and are likely to be made by the last Wills of the Givers thereof, at which Time for Want of Counsel or other Opportunities, it may happen that the right Name of the said Corporation hath not or shall not be truly named or expressed, whereby may grow some Question of the Validity of such Grants, Gifts or Devises: Be it therefore enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That all Gifts, Grants, Legacies, Devises, and Assurances made or to be made of any Lands, Tenements and Hereditaments, by Will, Feoffments or otherwise, to the Use or for the Relief of the Poor in any Hospital now remaining and being in Esse, and employed to the Relief or Maintenance of the Poor in the said Hospitals, or any of them, shall be as good and available in Law, according to the true Meaning of any such Donor, Grantor, Testator, Devisor or Assurer, as if the said Corporation had been or were in the Writings of Deeds of such Gifts, Grants, Devise or Assurance, or in such last Will or Testament, rightly or truly named; any such misnaming, misreciting, or not true naming or reciting of the said Corporation to the contrary notwithstanding: Saving to all and every Person and Persons, Bodies Politick and Corporate, their Heirs and Successors, other than such Donor, Grantor, Testator, Devisor and Assurer, their Heirs and Successors, other than such Donor, Grantor, Testator, Devisor and Assurer, their Heirs and Succesors, all such Right, Title and Interest, as they or any of them have or shall have in or to any Lands, Tenements or Hereditaments so given, granted, devised or assured, as if this Act had never been had nor made. And where in the last Parliament holden at Westminster it was provided and enacted among other Things, That from henceforth all Leases, Gifts, Grants, Feoffments, Conveyances or Estates, to be had, made or suffered by any Master and Fellows of any College, Dean and Chapter of any Cathedral Church, Master or Guardian of any Hospital, Parson, Vicar, or any other having any Spiritual Living of any House, Lands, Tenements or Hereditaments, Parcel of the Possession of any such College, Cathedral Church, Hospital, Parsonage, Vicarage or other Spiritual Promotion, or pertaining to the same, or any of them, to any Person or Persons, Bodies Politick or Corporate, other than for Term of one and twenty Years, or three Lives, in Manner and Form as is mentioned in the said Act, should be utterly void and of none Effect. Be it enacted and declared by the Authority of this present Parliament, That these Words, (Master or Guardian,) of any Hospital mentioned in the said former Act, were intended and meant of all Hospitals, Maison Dieus. Beadhouses, and other Houses ordained for the Sustentation or Relief of the Poor, and so shall be expounded, declared and taken for ever.

No. 8.

40

14 Eliz. c. 16.

13 El. c. 10, §5.

18 Eliz. c. 6.

served in Corn.

No. 9.

18 Elizabeth, c. 6.-An Act for Maintenance of the Colleges in the Universities, and of Winchester and Eaton.*

Fothers in the Universities of Cambridge and Oxford, and the
OR the better Maintenance of Learning, and the better Relief of

Upon Leases Colleges of Winchester and Eaton, Be it enacted by the Queen's made by Colleges, A third Part of the Majesty, the Lords Spiritual and Temporal, and the Commons, in Rent shall be re- this present Parliament assembled, and by the Authority of the same, That no Master, Provost, President, Warden, Dean, Governor, Rector or Chief Ruler of any College, Cathedral Church, Hall or House of Learning in any of the Universities aforesaid, nor any Provost, Warden or other Head Officer of the said Colleges of Winchester or Eaton, nor the Corporation of any of the same, by what Title, Stile or Name soever they now be, shall or may be called, after the End of this present Session of Parliament, shall make any Lease for Life, Lives or Years, of any Farm, or any their Lands, Tenements, or other Hereditaments to the which any Tithes, arable Land, Meadow or Pasture doth or shall appertain, except that the one third Part at the least of the old Rent be reserved and paid in Corn for the said Colleges, Cathedral Church, Halls and Houses; that is to say, in good Wheat after six Shillings and eight Pence the Quarter or under, and good Malt at five Shillings the Quarter or under, to be delivered yearly upon Days prefixed, at the said Colleges, Cathedral Church, Halls or Houses; and for Default thereof, to pay to the said Colleges, Cathe dral Church, Halls or Houses, in ready Money, at the Election of the said Lessees, their Executors, Administrators and Assigns after the Rate of the best Wheat and Malt in the Market of Cambridge, for the Rents that are to be paid to the Use of the House or Houses there; and in the Market of Oxford, for the Rents that are to be paid to the Use of the House or Houses there; and in the Market of Winchester, for the Rents that are to be paid to the Use of the House or Houses there; and in the Market of Windsor, for the Rents that are to be paid to the Use of the House or Houses at Eaton, is or shall be sold the next Market-Day before the said Rent shall be due, without Fraud of Deceit. And that all Leases otherwise hereafter to be made, and all collateral Bonds or Assurance to the contrary, by any of the said Corporations, shall be void in Law to all Intents and Purposes: The same Wheat, Malt, or the Money coming of the same, to be expended to the Use of the Relief of the Commons and Diet of the said Colleges, Cathedral Church, Halls and Houses only, and by no Fraud or Colour let or sold away from the Profit of the said Colleges, Cathedral Church, Halls and Houses, and the Fellows and Scholars in the same, and the Use aforesaid, upon Pain of Deprivation of the Governor and Chief Rulers of the said Colleges, Cathedral Church, Halls and Houses, and all other thereunto consenting.

Mouncken Barn ia Sussex.

II. Provided always, That this Act or any Thing therein contained, shall not extend or be in any wise prejudicial to any Lease to be made of a Barn called Mouncken Barn, with a certain Portion of Tithes, rising, growing and being in the Parish of Southweek in the County of Sussex, being Parcel of the Possessions of Maudlin College, in Oxford, so that the Term demised in and by the said Lease exceed not the Number of ten Years from and after the Feast of St. Michael

• This is a private Statute and must be pleaded.-1 Leon. 306.-Saville, 309.

the Archangel next coming; any Thing therein specified to the contrary notwithstanding.

No. 9.

18 Eliz. c. 6

White.

III. Provided also, That this Act shall not extend to any Lease Fifield demised to to be made by the President and Scholars, of the College of St. John' Baptist in Oxford, to any Heir Male of Sir Thomas White, late Knight and Alderman of London, Founder of the said College; which Lease shall be made according to the Meaning of the Foundation and Statutes of the said College, of the Manor of Fifield, and no other Hereditaments.

No. 10.

18 Elizabeth, c. 11.-An Act for Explanation of the Statutes, intituled, Against defeating of Dilapidations, and against Leases to be made of Spiritual Promotions in some respects.

THEREAS by a Statute made in a Parliament holden at West

W minster the second Day of April in the thirteenth Year of the

18 Plix. c 11.

tual Living, w ele

"determined within

venants for renew

Statute of 13 Eliz

A Lease or other • Reign of our most gracious Sovereign Lady, intituled, An Act against Conveyance to be fraudulent Gifts, to the Intent to defeat Dilapidations of Ecclesias- made of any Spiri⚫tical Livings, and for Leases to be granted by Collegiate Churches, of there is a Lease It was amongst other Things enacted by the Authority of Parliament, in Being, not to be That from thenceforth all Leases, Gifts, Grants, Feoffments, Con- three Years, and ⚫ vevances or Estates to be made, had, done or suffered, by any Master all Bonds and Coand Fellows of any College, or by any Dean and Chapter of any ing thereof, shall Cathedral or Collegiate Church, Master or Guardian of any Hospital, be void, &c. A Parson, Vicar or any other having any Spiritual or Ecclesiastical Rehearsal of the Living, or any Houses, Lands, Tithes, Tenements or other Here- c. 10, touching Asditaments, being any Parcel of the Possessions of any such College, surances made by • Cathedral Church, Chapter, Hospital, Parsonage, Vicarage or other Spiritual Persons • Spiritual Promotion, or any ways appertaining or belonging to the Tithes, &c. ⚫ same, or of any of them, to any Person or Persons, Bodies Politick ⚫or Corporate ; other than for the Term of twenty-one Years or three Lives, from the Time of any such Lease or Grant shall be made or 'granted, whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term; shall be utterly void and of none Effect, to all Intents, Constructions and Purposes; any Law, Custom, or Usage to the contrary notwithstandstanding, as in the said Act more plainly appeareth:

of their Lands,

II. Sithence the making of which said Estatute, divers of the Practices to defeat said Ecclesiastical and Spiritual Persons and others, having Spiritual the Meaning of the ⚫ or Ecclesiastical Livings, have from Time to Time made Leases for foresaid Statute, the Term of twenty-one Years or three Lives, long before the Expi- 1 Anders. 65. ⚫ration of the former Years, contrary to the true Meaning and Intent

Lands in Lease,

⚫ of the said Statute: Be it therefore enacted by this present Parliament, That all Leases hereafter to be made by any of the said Ecclesi- Louses by Spiritual astical, Spiritual or Collegiate Persons or others, of any their said Persons of their Ecclesiastical, Spiritual or Collegiate Lands, Tenements or Hereditaments, whereof any former Lease for Years is in Being, not to be expired, surrendered (1) or ended within three Years next after the making of any such new Lease, shall be void, frustrate and of none Effect; (2) any Law, Usage or Custom to the contrary notwithstanding.

(1) See as to Surrrenders, Stat. 32 H. VIII. c. 28, Section 2, Note 3, No. 1, in this Class.

(2) This does not extend to Leases allowed by Stat. 43 Eliz. c. 11.Crane v. Taylor, Hob. 269.

No. 10. III. And be it likewise enacted by the Authority aforesaid, That 18 Eliz. c. 11. all and every Bond and Covenant whatsoever hereafter to be made, for A Bond or Cove- renewing or making of any Lease or Leases, contrary to the true Inpant for the renew tent of this Act, or of the said Act made in the said thirteenth Year, ing of Lease. Moor, 789, pl. shall be utterly void; any Law, Statute, Ordinance or other Thing 1089. Godb. 29. whatsoever to the contrary in any wise notwithstanding

Leases made be.

IV. Provided always, That this Act, nor any Thing therein fore this Statute. Contained, shall extend to be prejudicial to make frustrate or void any Lease or Leases heretofore made by any of the said Spiritual or Ecclesiastical Person or Persons or any of them, but that the same and every of them are of the like Force and Effect, as they or any of them were before the Making of this present Statute; this Act or any Thing therein contained to the contrary notwithstanding.

Founder of Saint
John's College in
Oxford.

V. And where Sir Thomas White, late Knight and Alderman of Sir Thomas White, London, for Advancement of good Learning, hath founded one College in the University of Oxford, called St. John Baptist's College, and being seised of the Manor of Fishyde, alias Fifield, in the • County of Berks, did, together with all other his Lands, Tenements and Hereditaments, give and assure the said Manor, with the appurtenances, to the President and Scholars of the said College for ever: And nevertheless the said Sir Thomas White having then one Ralph White his Brother living, and sundry Kinsmen, to whom, by 'Course of the Common Law, his Lands might have descended, did 'devise and order, and by the Statutes which he provided for the said ! House, and by Order of the now Visitor of the said College, it is ordained, That the said Manor of Fishyde, alias Fifield, with the Appurtenances, should be demised by the said President and Scholars for the Time being, to the said Ralph for the Term of ninety-nine Years, if the said Ralph should so long live, and so it is intended, that from Heir Male to Heir Male of the said Sir Thomas White, new Devises should from Time to Time be made of the said Manor with the Appurtenances, to every such Heir Male successively for the Term of ninety-nine Years, if such Heir Male should so long live, yielding to the said President and Scholars for the Time being, such Rent as now is reserved, with such further Covenants and Conditions, as by the said Sir Thomas White or Visitor is agreed and appointed:

A Lease may be

made to Ralph

St John's College in Oxford

VI. And where since the Decease of the said Sir Thomas White, the said Assurances to the said President and Scholars, in all, or the most Part of the Lands, Tenements and Hereditaments of White of the Mathe said Founder, were found in some Respect imperfect and insuffinor of Fifield by cient in Law, and that thereupon the said Ralph White, to whom the Advantage of such Imperfection came by Law, did nevertheless take no such Advantage, but did willingly make perfect the said 'Assurances, according to the true Meaning of the said Sir Thomas White his Brother, accepting only one Lease of the said Manor, in such Sort as by the said Visitor was appointed, with the Copyholds ⚫ and other Appurtenances of the said Manor: For Remedy whereof, be it enacted, That the President and Scholars of the said College may from Time to Time demise the said Manor, Copyholds and other Appurtenances to every Heir Male of the said Sir Thomas White successively, according to the Form of Lease thereof already made to the said alph, and that every such Lease so to be made, and every Covenant made or to be made for the Performance of the same, shall be good in Law, as if the said Act made in the said thirteenth Year had never been had nor made; any Thing in the said Act made in the said thirteenth Year, or any other Act or Matter whatsoever to the contrary notwithstanding.

13 El. c. 10.