1815.

common or way appendant, appurtenant or in gross, or any or either of such house, out-buildings, yards, gardens and glebe-lands, pastures, feedings, or rights of common or way, or any part or parts thereof, belonging to any such benefice, perpetual curacy or parochial chapelry, in lieu of and in exchange for any house, out-buildings, yards, gardens, and appurtenances, and any lands, or any or either of them, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry or not, but so as that the same be situate conveniently for actual residence or occupation by the incumbent thereof, the same also being of greater value or more conveniently situated than the premises so to be given in exchange, and being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and also for the parson, vicar or incumbent for the time being of the same benefice, perpetual curacy or parochial chapelry, by the same or a like deed, and with the like consent, and testified as aforesaid, to accept and take in exchange to him and his successors for ever, from any person or persons, or corporation sole or aggregate, any other house, out-buildings, yards, gardens, easements and appurtenances, and any other lands, or any or either of such houses, out-buildings, yards, gardens, lands, easements and appurtenances, the same respectively being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and being of greater value or more conveniently situated, in lieu of and in exchange for such parsonage or glebe house, out-buildings, yards, gardens, glebe-lands and appurtenances, and such pastures, feedings and rights of common or way, or any or either of them, so to be granted and conveyed, and which said house, out-buildings, yards, gardens, lands and appurtenances so to be accepted and taken in exchange, by any parson, vicar, or other incumbent, shall for ever, from and after such grant and conveyance thereof, be the parsonage and glebe house and glebe lands and premises of the said benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and shall become annexed to the said benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by such incumbent and his successors accordingly, without any license or writ of Ad quod damnum, and that Writ of Ad the whole, or any part or parts of the said house, out-buildings, lands and quod damnum. premises so to be annexed, which before such annexation were of copyhold tenure, shall for ever, from and after such annexation, become and be of freehold tenure, the statute of mortmain, or any other statute or law to the contrary notwithstanding: Provided always, that nothing in this act contained shall Proviso. extend, or be construed to authorise the granting or conveying in exchange by any parson, vicar, or other incumbent, either at one and the same time, and by one and the same incumbent, or at different times, and by several incumbents, and in several portions, any greater quantity in the whole than thirty statute acres of the glebe lands of any benefice, perpetual curacy or parochial chapelry : Provided also, that in all cases when such exchange shall be made by any Proviso. owner or owners having any less estate or interest than in fee simple of or in the messuage, buildings, lands and premises so to be by him, her or them granted or conveyed in exchange, or being any corporation aggregate or sole, or person or persons under any legal disability, the parsonage house, out-buildings and glebe-lands respectively to be so taken in exchange as aforesaid, shall at the time of making such exchange be of equal value with, or not of less value than the said messuage, buildings, lands and premises respectively so to be granted and conveyed in exchange to such parson, vicar or other incumbent.

tithes, &c. as

2. Provided always, That in all cases where the lands or any part or parts Premises given thereof to be conveyed in exchange to any parson, vicar or incumbent, and to in exchange be annexed as glebe to any benefice, perpetual curacy or parochial chapelry, subject to same under the authority of this act, shall either separately or jointly with other those taken in lands or tenements be, at the time of such conveyance by any means whatso- exchange (exever, exempt or discharged from the render of tithes in kind, or subject to or cept in certain covered by any modus, composition real or prescription in lieu of tithes in kind, cases.) then the lands or premises to be conveyed in exchange by such parson, vicar or incumbent, and which before such exchange were glebe of or belonging to the

VOL. III.

S

same

1815.

After exchange incumbent not to be evicted.

Power to annex premises belonging to manors, and heretofore grantable and demisable

as copyhold or

otherwise.

Such annexa

tions not to annul existing grants or demises.

Power to annex

same benefice, perpetual curacy or parochial chapelry, shall (unless it be agreed between the parties to such exchange that the same shall become and be subject to the render or payment of tithes in kind) from and immediately after such conveyance in exchange (in case such first-mentioned lands are situate in the same parish, vicarage, or parochial chapelry, with the said lands or premises, before glebe thereof, or belonging thereto, but not otherwise) become and be either exempt or discharged from tithes in kind, in like manner with or (as the case may be) subject to or covered by the same modus, composition real or prescription in lieu of tithes in kind, as the lands so to be conveyed in exchange to the said parson, vicar or incumbent, were exempt or discharged from, or subject to or covered by before such exchange was made.

3. Provided also, and be it further enacted, That no incumbent of any benefice, perpetual curacy or parochial chapelry, wherein or in respect whereof any such exchange as is authorised by this act shall have taken place, or his successors, shall at any time thereafter be evicted or ejected from the peaceable and quiet possession and enjoyment of the house, out-buildings, lands and premises, or any of them, which shall have been granted and conveyed in exchange to such incumbent, according to the provisions of this act, by or by reason or in consequence of any person or persons, or corporation sole or aggregate, claiming right thereto, through any title prior to that of or through any defect of title of the person or persons, or corporation sole or aggregate, granting or conveying the same in exchange; but nevertheless that it shall and may be lawful for such person or persons, or corporation, claiming such right, and he, she or they is and are hereby authorised and empowered to have, use, exercise and enjoy all such and the same powers and remedies in trying his, her, or their right to and in obtaining and recovering possession of any house, outbuildings, land and premises, or any of them, which shall have been granted in exchange by any such incumbent, as the person or persons, or corporation sole or aggregate, so claiming would, in case this act had not been made, have been enabled to use, exercise and enjoy in trying the right to and in recovering and obtaining possession of the house, out-buildings, lands and premises, or any of them, in exchange for which the same shall have been so granted and conveyed by any such incumbent, under the authority of this act.

4. And be it further enacted, That from and after the passing of this act, it shall and may be lawful to and for the parson, vicar or other incumbent of any ecclesiastical benefice, perpetual curacy or parochial chapelry, of or to which benefice, perpetual curacy or parochial chapelry, any manor or lordship is parcel or appurtenant, and as parcel of or belonging to which manor or lordship any lands or tenements are or have been usually granted or demised, or grantable or demisable by copy of court roll, or otherwise, for any life or lives, or for any term or number of years absolutely or determinable on any life or lives, by deed indented (and to be registered as hereinafter mentioned) with the consent of the patron and bishop (to be testified as hereinafter mentioned) to annex to the said benefice, perpetual curacy or parochial chapelry, as and for glebe land, or parsonage or glebe house or houses and buildings thereof, all or any part or parts of such lands or tenements, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry, or not, and that from and after such annexation the said lands and tenements so annexed shall cease to be thereafter grantable or demisable by any incumbent of the said benefice, perpetual curacy or parochial chapelry (otherwise than as glebe lands are or shall be by law grantable or demisable) but shall from thenceforth be and become, and be deemed and taken to be the glebe lands and parsonage or glebe house or houses of and annexed to such benefice, perpetual curacy or parochial chapelry, for ever, to all intents and purposes whatsoever, without any license or writ of Ad quod damnum; the statute of mortmain, or any other statute or law to the contrary notwithstanding: Provided always that no such annexation shall in anywise annul, determine or affect any grant or demise then previously made and actually existing of the said lands and tenements so to be annexed as last aforesaid.

5. And whereas it is expedient to enlarge and amend the laws now in being 'for

1815.

benefaction.

for providing parsonage houses with suitable out-buildings and other accom'modations for the residence of the clergy, by way of benefaction;' be it further enacted, That where there shall be no existing parsonage or glebe house parsonage on any ecclesiastical benefice, perpetual curacy or parochial chapelry, or where houses, &c. by the existing parsonage or glebe house, or the out-buildings thereof, on any such benefice, perpetual curacy or parochial chapelry, shall be inconvenient or too small or incommodiously situtate, it shall be lawful from and after the passing of this act, for any person or persons, being owners in fee simple, or for any corporation sole or aggregate, with or without confirmation, as the case may require, and by and with such consent, and to be signified as hereinafter mentioned, of the incumbent, patron and bishop, to give, grant and convey by deed indented, and to be registered as hereinafter is mentioned, to any parson, vicar, or other incumbent of such benefice, curacy or chapelry, for the time being, who shall also have power to accept the same, any messuage, out-buildings, yard, garden, orchard and croft, or any of them, with their appurtenances, or any right of way, or other easement, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry, or not, but so as that the same be conveniently situate for actual residence or occupation by the incumbent thereof; and which messuage, out-buildings, yard, garden, orchard and croft, with their appurtenances or right of way, or other easement, shall for ever, from and after such grant and conveyance thereof, be and become annexed to and be deemed and taken to be the parsonage or glebe house, outbuildings, yard, garden, orchard, croft, appurtenances and right of way, or other easement of the said benefice, curacy or chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by the said incumbent and his Writ of Ad successors accordingly, without any license or writ of Ad quod damnum; the quod damnum. statute of mortmain, or any other statute or law to the contrary notwithstanding; and from and after such grant and annexation it shall be lawful for the incumbent for the time being of the said benefice, curacy or chapelry, to which such grant and annexation shall have been made, (with the consent in writing of such patron and bishop under their hands and seals to be duly registered as hereinafter mentioned), to take down and remove any parsonage or glebe house and outbuildings, or any part thereof, which before such annexation belonged to the said benefice, curacy or chapelry (if the same or part thereof cannot be better applied to the permanent advantage of such benefice, curacy or chapelry,) and with the like consent as aforesaid, to apply the materials, or the produce thereof if sold, towards some lasting improvement of the said benefice, curacy or chapelry: Provided always, that nothing herein contained shall extend to enable Proviso. any persons, being infants or lunatics, or femes covert, without their husbands,

to make any such gift, grant or conveyance; any thing in this act contained to

the contrary in anywise notwithstanding.

6. And whereas an act was passed in the seventeenth year of the reign of 17 G. 3. c. 53. his present Majesty, intituled, "An Act to promote the Residence of the Pa'rochial 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:" And whereas one other act was passed in the twenty-first year of the reign of his present Majesty, inti- 21 G. 3. c. 66. tuled, " An Act to explain and amend an Act made in the seventeenth year of the Reign of his present Majesty, intituled An Act to promote the Resi'dence 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':" And 'whereas there are many ecclesiastical benefices, perpetual curacies and parochial chapelries to which no glebe land, or only a small portion of glebe land is 'belonging; and it is therefore expedient to enable the making provision by 'purchase, for the annexation of glebe land to such benefices, perpetual curacies

८

and parochial chapelries; Be it therefore further enacted, That from and after Power to purthe passing of this act, it shall be lawful for the parson, vicar or other incum- chase lands, bent for the time being, of any ecclesiastical benefice, perpetual curacy or

parochial chapelry, the existing glebe whereof shall not exceed five statute acres,

1815.

with the consent of the patron and bishop, to be signified as hereinafter mentioned, to purchase any lands not exceeding in the whole twenty statute acres, with the necessary outbuildings thereon, whether being within the local limits of the said benefice, perpetual curacy or parochial chapelry, or not, but so as that the same be situate conveniently for building a parsonage or a glebe house, and out-buildings, and for gardens and glebes thereof, or for any of the said purposes, and for actual residence and occupation by the incumbent thereof, such land being of freehold tenure, or being copyhold of inheritance, or for to be annexed to life or lives, holden of any manor or lordship belonging to the same benefice,

benefices as glebe land

thereof.

Copyhold lands so purchased bolden as freehold;

and by mortgage of tithes,

&c. to raise sum

for such purchase.

17 G. 3. c. 53.

not exceeding two years net income.

perpetual curacy or parochial chapelry; and which lands so purchased shall for ever, from and after the grant and conveyance thereof, be and become annexed to and glebe of such benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by such incumbent, and his successors accordingly, without any license or writ of Ad quod damnum ; and the whole or any part or parts of the said lands, which before such annexation were or was of copyhold tenure, shall for ever, from and after such annexation, become and be of freehold tenure; the statute of mortmain, or any other statute or law to the contrary notwithstanding.

7. And, for the better effectuating such purchases as aforesaid, be it further enacted, That it shall be lawful for such parson, vicar or other incumbent for the time being, with the consent of the patron and bishop (to be signified as hereinafter is mentioned), to borrow and take up at interest (over and besides the monies authorised to be borrowed under the authority and for the purposes of the said recited act of the seventeenth year of the reign of his present Majesty) such sum or sums of money as shall be certified by a valuation upon oath of some skilful and experienced surveyor to be the true and just value of the said lands at the time of the purchase thereof, not exceeding two years clear income and produce of such benefice, perpetual curacy or parochial chapelry, after deducting all taxes and other out-goings whatever, except the salary to the assistant curate (if any); and as a security for repayment of the money so to be borrowed, to mortgage the tithes, rents and other profits and emoluments of or belonging to such benefice, perpetual curacy or parochial chapelry, to any person or persons who shall advance such money by one or more deed or deeds (to be registered as hereinafter mentioned) for the term of twentyfive years, or until the principal money to be borrowed, with interest for the same, and all costs and charges attending the recovery thereof, shall be fully paid off and satisfied; which mortgage deed or deeds shall bind, as well such parson, vicar or other incumbent of such benefice, perpetual curacy or parochial chapelry, executing such mortgage or mortgages, as also his successors, and a counterpart thereof shall be executed by the mortgagee or mortgagees, and be kept by the incumbent; and the parson, vicar or incumbent for the time being of such benefice, perpetual curacy or parochial chapelry, shall and he is hereby required to pay or cause to be paid to the mortgagee or mortgagees yearly and every year, as the same shall become due, or within one month afterwards, as well the interest of the principal money secured by such mortgage or mortgages, as also the further sum of five pounds per centum per annum for the principal money originally advanced on such mortgage or mortgages; and that every incumbent who shall not reside twenty weeks in every year upon such benefice, perpetual curacy or parochial chapelry, computing each year from the date of the first or only mortgage deed, shall and he is hereby required, instead of the said sum of five pounds per centum per annum, to pay within the period aforesaid the sum of ten pounds per centum per annum of the principal money originally advanced on such mortgage or mortgages, until the whole of such principal money, with the interests, costs and charges shall be fully paid off and discharged; and that every such incumbent who shall pay only five pounds per centum per annum of such principal money shall, at the time of payment thereof, produce and deliver to the mortgagee a certificate under the hands of two rectors, vicars or other officiating ministers of some parishes near or adjoining, signifying that he had resided twenty weeks upon the said benefice, perpetual curacy or parochial chapelry, within the year for which such payment

became

became due; and in default of payment of the principal, interest, costs and charges in manner aforesaid, the bishop shall have power to sequester the profits of such benefice, perpetual curacy or parochial chapelry, until such payment shall be made; and if at any time or times the said principal and interest, or any part thereof, shall be in arrear and unpaid for the space of forty days next after the yearly day of payment whereon the same shall have become due, it shall be lawful for the mortgagee or mortgagees, and his, her or their executors, administrators, or assigns, to recover the same, or such part thereof, as shall be so unpaid, and the costs and charges attending such recovery, by distress and sale, in such manner as landlords are or shall be by law authorised to recover rents in arrear; and in order that the payment of the same principal and interest may, in case of avoidance by death or otherwise, be justly and equitably ascertained and adjusted between the parson, vicar or incumbent avoiding such benefice, perpetual curacy or parochial chapelry, or his representatives, and his successor, in such proportions as the profits of such benefice, perpetual curacy or parochial chapelry, shall have been received by them respectively for the year in which such death or avoidance shall happen, such payment shall in case any difference shall arise in settling the proportions thereof, be ascertained and determined by two indifferent persons, the one to be named by the person making such avoidance, or his representatives in case of his death, and the other by the said successor; and in case such nominees shall not be appointed within the space of two calendar months next after such death or avoidance, or in case they shall not agree in settling such proportions within the space of one calendar month after they shall have been appointed, the same shall be determined by some neighbouring clergyman to be nominated by the bishop, whose determination shall be final and conclusive between the parties.

1815.

ered to lend

money.

8. And be it further enacted, That for promoting the purposes of this act, it Governors of shall and may be lawful for the governors of the bounty of Queen Anne for the Queen Anne's augmentation of the maintenance of the poor clergy, from and out of the mo- bounty empownies which have arisen or shall from time to time arise from that bounty, to advance and lend, 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 the sum of one hundred pounds without interest, but for repayment of the principal whereof such mortgage as is hereinbefore mentioned shall be executed; and also to advance or lend, for or in respect of each benefice, perpetual curacy or parochial chapelry, the clear annual improved value whereof shall exceed the sum of fifty pounds, any sum not exceeding two years yearly income of such benefice, upon such mortgage aforesaid, and to receive interest for the same at any rate not exceeding four pounds per centum per annum.

lend with or without interest.

9. And be it further enacted, That it shall and may be lawful for any col- Colleges may lege or hall within the universities of Oxford or Cambridge, or for other corany porate 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.

to all deeds of

10. Provided always and be it further enacted, That when any parson, vicar Consent of paor other incumbent as aforesaid, shall be desirous of effecting any exchange, tron and bishop purchase or mortgage under the provisions of this act, the consent of the pa- exchange, morttron and bishop to every deed of exchange, conveyance or mortgage, shall, gage or purbefore the same shall be signed and sealed by the parson, vicar or other incum- chase. bent, 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.

་

11. And whereas there are within divers dioceses certain exempt jurisdictions, called Peculiars, belonging to the archbishops and bishops of other dio" ceses,