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النشر الإلكتروني

No. 1.

55 Geo. HI.c. 147

Colleges may lend

with

Interest.

also to advance or lend, for or in respect of each Benefice, Perpetual Curacy or Parochial Chapelry, the clear annual improved Value whereof shall not exceed the Sum of Fifty Pounds, any Sum not exceeding Two Years yearly Income of such Benefice upon such Mortgage as aforesaid, and to receive Interest for the same at any Rate not exceeding Four Pounds per Centum per Annum.

IX. And be it further enacted, That it shall and may be lawful or without for any College or Hall within the Universities of Oxford or Cambridge, or for any other Corporate Bodies, being Owners of the Patronage of Ecclesiastical Livings or Benefices, to advance and lend any Sum or Sums of Money of which they have the Power to dispose, for the Convenience of the Parson, Vicar or other Incumbent for the time being of any Benefice, Perpetual Curacy or Parochial Chapelry, within the Patronage of such College or Hall, upon Mortgage as hereinbefore directed, either upon Interest or without any Interest.

Consent of Patron

and Bishop to all Deeds of Exchange Mortgage or Pur

chase.

Powers executed by Archbishops & Bishops having

Peculiars.

Power to Owners to convey on Exchange of Sale.

X. Provided always, and be it further enacted, That when any Parson, Vicar or other Incumbent as aforesaid, shall be desirous of effecting any Exchange, Purchase or Mortgage under the Provisions of this Act, the Consent of the Patron and Bishop to every Deed of Exchange, Conveyance or Mortgage shall, before the same shall be signed and sealed by the Parson, Vicar or other Incumbent, be signified by the said Patron and Bishop respectively, being made Parties to, and signing and sealing the said Deed in the Presence of Two or more credible Persons, who shall by Indorsement thereon attest such signing and sealing, and in which Attestation it shall be expressed that the same Deed was so signed and sealed by such Patron and Bishop before the Execution thereof by such Parson, Vicar or other Incumbent.

XI. And Whereas there are within divers Dioceses certain exempt Jurisdictions called Peculiars belonging to the Archbishops and Bishops of other Dioceses, and it is expedient that all the Powers ' and Authorities given by this Act to the Bishop of the Diocese should as to such Peculiars be given to the Archbishop or Bishop to whom the same respectively belong;' Be it therefore further enacted, That all and every the Powers and Authorities given by this Act to the Bishop of any Diocese shall, with respect to the several Peculiars locally situated within such Diocese, be vested in and exercised by the Archbishop or Bishop to whom such Feculiars shall respectively belong, and not by the Bishop within whose Diocese such Peculiars shall be locally situated, but that within all and every Peculiar and Peculiars belonging to any other Person or Corporation than Archbishops and Bishops, such Powers and Authorities shall be vested in and exercised by the Bishop of the Diocese within which such Peculiars shall be locally situated.

XII. And be it further enacted, That, from and after the pas sing of this Act, it shall and may be lawful to and for any Owner of Owners of any Messuages, Buildings, Lands or Hereditaments, whether such Owner or Owners shall be a Corporation Sole or Aggregate, or Tenant or Tenants in Fee Simple, or in Fee Tail General or Special, or for Life or Lives, and for the Guardians, Trustees or Feoffees for Charitable or other Uses, Husbands or Committees of or acting for any such Owner or Owners as aforesaid, who at the time of making any Exchange or Purchase authorized by this Act shall be respectively Infants, Femes Covert or Lunatics, or under any other legal Disability, or otherwise disabled to act for themselves, himself or herself, by Deed or Deeds indented, and to be registered as hereinafter is mentioned; and with such Consent, and to be signified as hereinbefore is mentioned, of such Incumbent, and of the Patron aud Bishop, to grant and convey to any Parson, Vicar or other Incumbent

1

No. 1.

Premises exchan

Application of Purchase Monies of Premises sold.

for the time being of fany Ecclesiastical Benefice, Perpetual Curacy or Parochial Chapelry, any Mussuage, Outbuildings, Yards, Gar- 55 Geo. HI.c. 147 dens and Lands, with their Appurtenances, or any Messuage or Outbuildings only, or any Lands (with or without necessary Outbuildings) only of such Owner or Owners, in lieu of and in Exchange for any Parsonage House, Outbuildings, Yards, Gardens and Glebe Lands, and Pastures, Feedings and Rights of Common, or any of them, or any Part thereof, of or belonging to any such Benefice, Perpetual Curacy or Parochial Chapelry, or (in cases of Purchase), to sell and convey to such Parson, Vicar or other Incumbent any Lands not exceeding in the whole Twenty Statute Acres, with the necessary Outbuildings thereon, for such Sum or Sums of Money as shall be certified to be the true and just Value of the same at the time of such Sale thereof, by a Valuation to be made as hereinafter is directed; and which said Parsonage House, Outbuildings and Glebe Lands so to be granted and taken in Exchange by any Parson, ged settled to same Vicar or other Incumbent (with such Consent and in such Manner Uses. as aforesaid), shall for ever, from and after such Grant or Conveyance thereof, be and become vested in and settled upon the same Person or Persons, and to, for and under the same Uses, Estates, Trusts and Limitations, and subject to the same Powers, Conditions, Charges and Incumbrances as the said Messuage, Outbuildings, Lands and Premises so to be granted and conveyed in Exchange were vested in, settled upon and subject to before such Exchange thereof, or would have been vested in, settled upon and subject to in case such Exchange had not been made; and which said Sum or Sums of Money to be received for the Purchase of any Lands or Hereditaments shall in all cases where the Lands or Hereditaments so to be purchased belong to any Corporation Sole or Aggregate, Infant, Feme Covert, Lunatic, or Person or Persons under any other Disability or Incapacity, with all convenient Speed be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to be placed to his Account ex parte the Person or Persons or Corporation, who would have been entitled to the Rents, Issues and Profits of such Lands or Hereditaments, to the Intent that such Money shall be applied or laid out under the Direction, and with the Approbation of the said Court (to be signified by an Order made upon a Petition to be perferred by or on behalf of the Person or Persons who would have been entitled to the Rents, Issues and Profits of such Lands and Hereditaments), in the Purchase of the Land Tax, or towards the Payment of any Debts or Incumbrances affecting the same Lands or Hereditaments, or other Lands or Hereditaments standing settled to the same or the like Uses, or in the Purchase of other Lands or Hereditaments to be conveyed, settled and made subject to and for and upon such and the like Uses, Trusts, Limitations and Dispositions, and in the same manner as the Lands or Hereditaments so purchased as aforesaid stood settled or limited, or such of them as at the time of making such Purchase and Conveyance shall be existing, undetermined and capable of taking Effect; and in the mean time and until such Purchase shall be made, the said Money shall, by Order of the said Court of Chancery upon Application thereto, be invested by the said Accountant General in his Name, in some one of the Public Funds of this Kingdom, and the Dividends and Annual Produce thereof shall from time to time be paid by Order of the said Court to the Person or Persons who would have been entitled to the Rents, Issues and Profits of the said Lands or Hereditaments, in case no Purchase and Conveyance thereof had been made under the Provisions of this Act.

b

No. 1:

55 Geo, III. c. 147 Persons incapaci vey (except in Exchange) more than

tated not to con

Five Acies.

Where Exchange or Purchase made

given.

XIII. Provided always, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to enable any Corporation Aggregate or Sole, or Tenant in Fee Tail General or Special, or for Life or Lives, or the Guardians, Trustees or Feoffees for Charitable or other Uses, Husbands or Committees, of or acting for any such Owner or Owners as aforesaid, who at the time of making any Sale authorized by this Act, shall be respectively Infants, Femes Covert or Lunatics, or under any other legal Disability, or otherwise disabled to act for themselves, himself or herself, to sell or convey (except by way of Exchange, as in manner by this Act directed) any Lands or Grounds whatsoever, for any of the Purposes of this Act, exceeding the Quantity of Five Statute Acres.

XIV. Provided also, That in all cases where any Exchange of Notice previously Purchase shall be made under the Authority of this Act, Six Calen dar Months previous Notice, describing the Particulars, Extent and Situation of the Premises respectively to be given and taken in Exchange or purchased, shall be given of the Intention to make such Exchange or Purchase, by the insertion of the same Notice for Three successive Weeks in some one and the same Newspaper of and in general Circulation in each County wherein the Premises so to be given and taken in Exchange or purchased, or any Part thereof, are situate; and also by affixing such Notice in Writing on a conspicuous Part of the Door of the Church or Chapel of each Parish or Chapelry wherein such Premises or any Part thereof are situate, on Three Sundays successively whereon Divine Service shall be performed, and shortly before the Commencement of such Service on each Sunday in such Church or Chapel.

Map and Valuation on actual Survey made of Premises given and taken in

Exchange or purchased.

Bishop to issue a Commission of Enquiry.

XV. And be it further enacted, That whenever any Exchange or Purchase is intended to be made under the Authority of this Act, a Map or Maps under an actual Survey, on Oath (which Oath any Justice of the Peace is hereby authorized to administer) by some competent Surveyor to be approved of by the Patron, Bishop and Incumbent, shall in cases of Exchange be made and taken of the whole of the said Glebe Lands, or of such Part or Parts thereof as will sufficiently enable the Bishop to judge of the Convenience and Expediency of the proposed Exchange, and also of the Glebe or Parsonage House, Buildings and Premises, any Part of which it is proposed to exchange, as well as of the other Lands, House, Buildings and Pre mises, proposed to be taken in Exchange; and shall in cases of Purchase be made and taken of the whole of the Lands or Hereditaments so to be purchased; and in cases of Exchange the same Surveyor shall in like manner make a Valuation on Oath (to be administered as aforesaid) of the said Glebe Lands and Glebe or Parsonage House, Buildings and Premises, and also of the Lands, House, Buildings and Premises intended to be taken in Exchange, and in cases of Purchase the same Surveyor shall in like manner make a Valuation on Oath of the Lands or Hereditaments so intended to be purchased; and every such Valuation shall include and distinctly specify the Value of all Timber and other Trees growing thereon, and of the Rights of Common, and of all Mines, Minerals and Quarries (if any), and of all other Rights, Profits and Advantages whatsoever (if any) to the said Premises or either of them, or any Part or Parcel of the same, respectively belonging.

XVI. Provided also, and be it further enacted, That in all cases, as well of Exchange as of Purchase under this Act, the Bishop, on receiving such Map or Maps and Valuation shall, if he shall in the first instance so far approve of the said Exchange or Purchase, issue

No. 1.

a Commission of Enquiry under his Hand and Seal, directed to such Persons as he shall think proper, not being fewer than Six in Num- 55 Geo. III. c. 147 ber, and of whom Three at the least shall be Beneficed Clergymen actually resident in the Neighbourhood of the Benefice, Perpetual Curacy or Parochial Chapelry, whereto it shall be proposed to annex any Buildings or Lands by Exchange or Purchase under the Authority of this Act, and of whom One shall be a Barrister at Law of Three Years standing at the least, to be named by the Senior Judge in the last preceding Commission of Nisi Prius for the County in which the said Benefice, Perpetual Curacy or Parochial Chapelry, shall be situate, and the Return to which Commission of Enquiry shall be made and signed by a Majority of the Persons therein named, after an actual Inspection by them of all the Premises, with such Map and Valuation before them, and not otherwise, and Three at least of the Persons making and signing the same shall be either Three such Beneficed Clergymen actually resident as aforesaid, or Two at least of such Beneficed Clergymen resident as aforesaid, together with such Barrister as aforesaid; and in no case whatever shall any Exchange or Purchase be effected under the Authority of this Act, unless such Commission shall have been previously issued and returned, and unless the Return to such Commission, so made and signed as aforesaid, shall certify that, after an actual Inspection and Examination of the Premises, such Exchange or Purchase, in the Judgment of the Persons making the said Return, is fit and proper to be made, and will promote the permanent Advantage or Convenience of the Incumbent of such Benefice, Perpetual Curacy or Parochial Chapelry, and his Successors in the same.

XVII. And be it further enacted, That whenever the Patron of any Benefice, Perpetual Curacy or Parochial Chapelry, to which the Provisions of this Act extend, shall happen to be a Minor, Ideot, Lunatic or Feme Covert, it shall and may be lawful for the Guardian, Committee or Husband of every such Patron to transact the several Matters, and execute the requisite Deeds as aforesaid, for such Patron, who shall be bound thereby in such manner as if he or she had been of full Age or sound Mind, or Feme Sole, and had done such Acts and executed such Deeds.

XVIII. Provided also, and be it further enacted, That in all cases where the Patronage of any Benefice, Perpetual Curacy or Parochial Chapelry, to which the Provisions of this Act extend, shall be in the Crown, and such Living or Benefice shall be above the Yearly Value of Twenty Pounds in the King's Books, the Consent of the Crown to the several Proceedings hereby authorized respecting such Benefice, Perpetual Curacy or Parochial Chapelry, shall be signified by the Execution of the Deeds or Instruments hereinbefore directed, by the Lord High Treasurer or First Lord Commissioner of the Treasury for the time being; but if such Benefice, Perpetual Curacy or Parochial Chapelry, shall not exceed the Yearly Value of Twenty Pounds in the King's Books, such Consent shall be signified by such Execution by the Lord High Chancellor, Lord Keeper or Lords Commissioners of the Great Seal for the time being; and if such Benefice, Perpetual Curacy or Parochial Chapelry, shall be within the Patronage of the Crown, in Right of the Duchy of Lancaster, then such Consent shall be signified by the Execution of such Deeds or Instruments by the Chancellor of the said Duchy for the time being.

XIX. And be it further enacted, That one Part of all Deeds and Instruments to be made and executed in pursuance of or for carrying into Execution this Act, together with the Maps and Valuations, and the Commissions of Enquiry and the Returns to the same, hereinbefore directed, shall, within Twelve Calendar Months next after the

Consent for Pa

trons in case of or Marriage.

Minority, Lunacy,

Consent where

Livings belong to
Duchy of Lancas

the Crown, or to

ter.

Deeds and Instruments deposited in Bishop's Registry.

Archbishop's

or

No. 1.

Date or Dates thereof, be deposited in the Office of the Registrar of 55 Geo. III. c.147 the Diocese wherein such Benefice, Perpetual Curacy or Parochial

Chapelry, shall be locally situate, to be perpetually kept and preserved therein, except as to those Benefices which are under the peculiar Jurisdiction of any Archbishop or Bishop, in which case the several Documents before mentioned shall be deposited in the Office of the Registrar of that peculiar Jurisdiction, to which any such Benefice, Perpetual Curacy or Parochial Chapelry shall be subject, and such Registrars shall respectively so deposit and preserve the same, and shall give and sign a Certificate of such Deposit thereof to be written on a Duplicate, or on any other Part or Parts of the said Deeds, or any or either of them, or on some other separate Parchment, Paper or Instrument; and every such Deed or Instrument shall be produced at all proper and usual Hours at such Registry, to every Person applying to inspect the same, and an Office Copy of each such Deed or Instrument, certified under the Hand of the Registrar (and which Office Copy, so certified, the Registrar shall in all cases grant to every Person who shall apply for the same) shall in all cases be admitted and allowed as legal Evidence thereof in all Courts whatsoever; and Fees of Registrar. every such Registrar shall be entitled to the Sum of Ten Shillings and no more (over and besides the Stamp Duty, if any) for such Commission and the previous Requisites thereof; and the Sum of Five Shillings and no more, for so depositing as aforesaid the Deeds, Set. tlements, Map, Survey, Valuation, Commission and Instruments, and so as aforesaid certifying such Deposit thereof; and the Sum of One Shilling and no more for each such Search; and the Sum of Six pence and no more (over and besides the said Stamp Duty) for each Folio of Seventy-two Words of each such Office Copy, so cer-! tified as aforesaid.

In what case Forms in Schedule 17 G. 3, c. 53. 21 G. 3, c. 66. used for Act,

Act not to repeal any former Law.

XX. And be it further enacted, That such of the Forms contained in the Schedules of the said recited Acts of the Seventeenth and Twenty-first Years of the Reign of His present Majesty, as are applicable to the Provisions of this Act, and with such Variations thereof as shall render them so applicable, shall be used and applied to the Purposes of this Act as fully and effectually as if the same were hereby enacted and made Part of this Act.

XXI. Provided always, and it is hereby declared, That nothing in this Act contained shall extend or be construed to repeal or abridge any Law now in force, enabling any Person or Corporation Sole or Aggregate, to augment or improve any Ecclesiastical Benefice, Perpetual Curacy or Parochial Chapelry.

56 Geo. III. c. 52.

55 Geo. III. c. 147

No. 2.

56 George III. c. 52.-An Act to amend and render more
effectual an Act passed in the last Session of Parliament,
for enabling Spiritual Persons to exchange their Par-
sonage Houses or Glebe Lands, and for other Purposes
therein mentioned.
[20th June, 1816.]

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WHEREAS an Ad, Wn det for enabling Spiritual Persons to

THEREAS an Act was passed in the last Session of Parlia

exchange the Parsonage or Glebe Houses or Glebe Lands belonging to their Benefices for others of greater Value or more conveniently situated for their Residence and Occupation, and for annexing such • Houses and Lands so taken in Exchange to such Benefices as Par

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