No. 23.

and every Part thereof, to all Intents and Purposes, as the said his Successors, Rectors, Vicars, &c. 17 Geo. III. c. 53. (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 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 necessary.

[And the said A. B. for himself,
his Heirs, Executors, and Admi-
nistrators, doth hereby covenant,
promise, 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, or cause to be paid unto the said
his Executors, Administrators, or Assigns,

or so

'Intererst for the said Sum of
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
per Centum per Annum, by yearly Payments,
the first of the said Payments to begin and be made on the

of

Day of next; and also, at 'the several Times before mentioned for Payment of the Interest, as 'aforesaid, 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 Pay'ment 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 dis'charged. Provided always, and these Presents are upon this Condition, That if the said 4. 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 occasioced by the Nonpayment thereof, these Presents, and every Thing herein con'tained, shall cease and be void. Provided also, That it shall and 'may be lawful for the said A. B. and his Successors, 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 of 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.

No. 23.

17 Geo. III. c. 53

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 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, do hereby ' nominate the Reverend being a Clergyman

⚫ within my said Diocese, to adjust and determine the Matter in Dis'pute between the Reverend

present Incumbent of the Rectory, Vicarage, &c. of

within my Diocese, and

Representatives of the

(in case of his Death) or the said

Clerk, the

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

in the County

of 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. of

within the said Diocese and

the Representatives of the last Incumbent (in case of his Death),
' or the said
(in case of his Resignation or
• Promotion) concerning the due Promotion 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

'shall pay, in respect of the same, the Sum of

'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.)

TE

WE whose Names are subscribed, being the Ordinary, Patron,

and Incumbent, of the Rectory, Vicarage, &c. of
within the County of

and Diocese

do hereby nominate and ap→

to

' of the Bishop of
'point
of
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 Execution 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 duo
'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, for laying out or applying the Surplus Money.

E whose Names are subscribed, being the Ordinary, Patron,

WE

'Diocese of the Bishop of the Sum of

and

in the County of do hereby order, That now remaining in the Hands of the Person nominated 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 intitled 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

No. 23.

17 Geo. III. c. 53.

Clerk, being two Clergymen within the Diocese of the Bishop of do hereby certify to the said Bishop, pursuant to the Directions 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 Revered

Clerk, the present Incumbent 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 cominon and ordinary Repair, to the Amount of

Pounds and we have also enquired into the Money received by the 'said for Dilapidations, from the Representatives of the former Incumbent, and do find, That he hath received the Sum of for such Dilapidations; and thereof

[that he hath expended the Whole, or (as the Case may 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.

Year of the Reign of his Majesty King and in the Year of our Lord between A. B. Ordinary of the Rectory (Vicarage,

C. D. of

Chapelry, or Perpetual Cure, as the Case shall be) of
in the County of
Patron of the said Rectory, &c. and the Reverend E. F. Clerk, In-
cumbent of the said Rectory, &c. of the one Part, and G. H. of
of the other Part. Whereas, in the Exe-
cution 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 particularly the Lands purchased) lying near and conveni-
ent 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 Habi-
tation of the Minister of the said Rectory, &c. under the Powers of
the said Act] and it hath been found most convenient, 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

No. 23.

'Sale, at the Price or Sum of (or Exchange, as the Case shall be) of Part of the Glebe Land (or of 17 Geo. III, c. 53. the Tythes, as the Case shall be) belonging to the said Rectory, &c. 'herein after mentioned; that is to say, (here describe the Purticulars of the Land or Tythes proposed to be sold or exchanged) which Con'tract is hereby ratified and confirmed by the said Ordinary, Patron, and Incumbent: Now this Indenture witnesseth, That the said 4. 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 acknowleded 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 Tythes 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 Benefice, 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.

'In Witness, &c.

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

HIS Indenture, made the in the

TH

A. B. of

Day of

Year of the Reign of his Majesty King and in the Year of our Lord between

of the one Part; C. D. Ordinary of the Rectory, Vicarage, Chapelry, or Perpetual Cure (as the Čase '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. of '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 Buildings