produce thereof shall from time to time be paid, by order of the 7 Geo. 4, c. 66. said court, to the person or persons who would have been entitled to the rents, issues and profits of the said messuages, buildings or lands, in case no purchase and conveyance thereof had been made under the provisions of this act." [10. Grants of Land or Money for Residence-Houses. [The 17 Geo. 3, c. 53, enacts [Sect. 21. "That it shall and may be lawful for any archbishop or bishop of any diocese, and also for any ecclesiastical corporation sole or aggregate, being lord or lords of any manor within which there shall be any waste or common lands, parcel of the demesnes of such manor, lying convenient for the house and buildings, and other the purposes of this act, to grant a part or parts of such waste or common lands in perpetuity for the several purposes of this act, leaving sufficient common for the several persons having right of common upon such wastes or commons, and obtaining the consent of the lessee of such lands, if the same shall be in lease." [The 43 Geo. 3, c. 108, enacts— c. 108. Persons possessed in their may, by Deed own Right enrolled (in England un H. 8, c. 16, ["Whereas a sufficient number of churches and chapels for the 43 Geo. 3, celebration of divine service, according to the rites and ceremonies of the united church of England and Ireland, and of mansion houses with competent glebes for the residence of ministers officiating in such churches and chapels, is necessary towards the promotion of religion and morality: And whereas the same are either wholly wanting or materially deficient in many parts of England and Ireland: And whereas many well disposed persons would be desirous of contributing towards the supply of such defects, if they were enabled so to do in the manner hereinafter directed:' be it enacted, That all and every person and 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, shall have full power, licence, and authority, at his and their will and pleasure, 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 rites of the said united church are or shall be used or observed, or any mansion c. 1, s. 17), der Stat. 27 executed 3 Chattels not Purposes of c. 108. 43 Geo. 3, 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 out-buildings, offices, church-yard, or glebe for the same respectively, and to be for those purposes applied, according to the will of the said benefactor in and by such deed enrolled, 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 appointment, 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, shall 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 aliene 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, the statute of mortmain, or any other statute or law to the contrary notwithstanding: Provided always, that this act or any thing therein contained, shall not extend to enable any person or persons being within age, or of non-sane memory, nor women covert without their husbands, to make any such gift, grant, or alienation; any thing in this act contained to the contrary in anywise notwithstanding. Not to extend to Infants, Femes Covert, &c. Only one such Gift shall be made by one Person, and where it ex the Chan cellor may reduce it. [Sect. 2. "Provided also, that no more than one such gift or devise shall be made by any one person, and that if any such gift or devise as aforesaid shall happen to exceed five acres in lands or ceeds Amount tenements, or the value of five hundred pounds in goods and chattels, every such gift or devise shall be good and valid to the extent aforesaid; and it shall be lawful for the lord chancellor for the time being, on petition, to make order for reducing every such gift or devise to and within the said limits, and for allotting such specific five acres, and if occasion should require, such specific goods and chattels as in his judgment shall be most convenient, and to make such further order touching the premises as to him shall appear just and reasonable. Plots of Land one Acre, main, may be granted change or Benefaction for being annexed to a [Sect. 4. "And whereas it often happens that small plots of land not exceeding held in mortmain lie convenient to be annexed to some such church held in Mort- or chapel, or house of residence, as aforesaid, or to some churchyard, or curtilage thereto belonging, or convenient to be employed either by Ex- as the scite of some such church or chapel, or house to be hereafter erected, and for the necessary and commodious use and enjoyment thereof, and that they might be so employed to the advantage of the Church, &c. public, and without detriment to the proprietors thereof, if they were enabled to give and grant the same for the purposes aforesaid:' be it therefore further enacted, that it shall be lawful for every body politic or corporate, sole or aggregate, by deed inrolled as aforesaid, with or without confirmation, as the law may require, to give and grant, either by way of exchange or benefaction, any such small plot of land not exceeding one acre, to any person or persons, body politic 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 politic 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 mortmain, or any other act or law to the contrary notwithstanding." 43 Geo. 3, c. 108. c. 115. [And the 51 Geo. 3, c. 115, to remove all doubts as to the power of the crown to make such grants, enacted— ["Whereas by an act passed in the forty-third year of his present 51 Geo. 3, majesty's reign, intituled, 'An Act to promote the building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church-Yards and Glebes;' it was enacted, that every person and 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 out-buildings, offices, church-yard or glebe for the same respectively, and to be for those purposes applied according to the will of the said benefactor in and by such deed enrolled, 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 appointment, 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 His majesty may vest Lands in any Person for building or repairing Church or Chapel, or House for Re. sidence of Minister. 51 G. 3, c. 115. whereas it is expedient that the powers of the said act should be extended for that purpose;' be it therefore enacted, that the king's most excellent majesty, his heirs and successors, shall have full power, licence and authority, by deed or writing under the great seal, or under the seal of his duchy and county palatine of Lancaster, to give and grant and vest in any person or persons, bodies politic or corporate, and their heirs and successors respectively, all such his, her, or their estate, interest or property in 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 out-buildings, offices, church-yard or glebe for the same respectively, and to be for those purposes applied in and by such deed as aforesaid expressed, the consent and approbation of the ordinary being first obtained, and such person and persons, bodies politic and corporate, and their heirs and successors respectively, shall have full capacity and ability to receive, take, hold and enjoy for the purposes aforesaid, any lands or tenements notwithstanding the statute of mortmain, or the act of the first year of her late majesty Queen Anne, intituled, An Act for the better Support of her Majesty's Household, and the Honour and Dignity of the Crown,' or any other act or acts, or other impediment or disability whatsoever provided always, that nothing in this act contained shall extend or be construed to extend to enable his majesty, his heirs and successors, to grant more than five acres in any one grant for any of the purposes aforesaid, or to alter or amend any of the provisions of the said act of the forty-third year of his present majesty, which are not hereinbefore specially named and mentioned." 9 H. 3, c. 36. 1 Anne, st. 1. c. 7. No grant to exceed five acres. Any Person grant five Acres of clesiastical purposes. 6 [And by sect. 2 it is provided ["That it shall be lawful for any person or persons, bodies having Fee politic or corporate, seized of or entitled to the entire and absolute Simple of Manor may fee simple of any manor, by deed under the hand and seal or hands and seals of any such person or persons, and under the seal or seals Waste for Ec- of any such body or bodies politic or corporate, and inrolled in the Court of Chancery, to grant to the rector, vicar, or other minister of any parish church and his successors, or to the curate or minister of any chapel and his successors, any parcel or parcels of land not exceeding in the whole the quantity of five statute acres, parcel of the waste of such manor, and lying within the parish where such church or chapel shall be or shall be intended to be erected, or within any extra-parochial district wherein any such chapel shall be or shall be intended to be erected, for the purpose of erecting thereon or enlarging any such church or chapel, or for a churchyard or burying ground, or enlarging a church-yard or burying ground for such parish or extra-parochial place, or for a glebe for the rector, vicar, curate or other minister of any such church or chapel, to erect a mansion house or other buildings thereon, or make other conveniences for the residence of such rector, vicar, curate or other minister, freed and absolutely discharged of and parochial from all rights of common thereon, and any statute prohibiting any 51G.3,c.115. alienation in mortmain, or other statute, law or custom to the con- Grants retrary notwithstanding: provided always, that no grant whatsoever stricted to shall be made of any land whatsoever, for any of the purposes Churches or authorized by this act, unless the church or chapel for the benefit Chapels. whereof or of the minister whereof such grant shall be made shall be a parochial church or chapel for the service of the united church of England and Ireland, duly authorized by law, or a church or chapel duly consecrated for the service of such church, or erected, or to be erected for such purpose by and with the licence and consent of the ordinary of the diocese wherein the same shall be." [See also sect. 55 Geo. 3, c. 147, under the titles Glebe Lands and Mortmain, in the second volume of this work. [II. Residence-House of Deans and Canons. [The 18th section of 4 & 5 Vict. 39, which repeals a former 4 & 5 Vict. provision of sect. 58 of 3 & 4 Vict. c. 113, on the same sub- c. 39, s. 18. Disposal of ject, and also a clause of 2 & 3 Will. 4, c. 10, relating to the Residence annexation of a house of residence to the archdeaconry of Houses. Durham, enacts, ["That the dean and chapter of any cathedral or collegiate church, with the consent of their visitor, may from time to time sanction and confirm the exchange of houses of residence, or of houses attached to any dignities, offices, or prebends in the precincts of such church, among the canons of such church, or may make any such arrangement to take effect at any future time, or may assign any one of such houses being vacant to any canon willing to accept the same in lieu of the house theretofore occupied by him, and thereupon any house no longer required by any canon may by the said dean and chapter be disposed of, in such way as they shall deem fit, with the consent of their visitor, and of the ecclesiastical commissioners for England, signified under their common seal; provided that all acts, matters and things relating to any such house already done under the last-mentioned provisions of the said secondly recited act shall be valid and effectual to all intents and purposes." [The 3 & 4 Vict. c. 113, enacts by 3 & 4 Vict. c. 113. 1 & 2 Vict. sidence Deans and [Sect. 59. "That it shall be lawful for the ecclesiastical commissioners to authorize any dean or canon of any cathedral church to c. 23, reraise monies on his deanery or canonry, for the purpose of build-lating to Reing, enlarging, or otherwise improving the residence-house thereof, Houses, on such terms and conditions as the said commissioners, with the to apply to concurrence of the bishop and the chapter, shall approve; and all Canons. the provisions of an act passed in the first year of the reign of her present Majesty, intituled, 'An Act to amend the Law for providing fit Houses for the Beneficed Clergy,' shall be applied, mutatis mutandis, to all such cases in which any dean or canon shall be authorized as aforesaid to raise monies on his deanery or canonry for the purpose aforesaid.” (y) [See title Beans and Chapters, vol. ii. for this statute.] VOL. III. |