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benefice, or any appointment as curate, which shall have been made previous to the passing of this act.

VI. Provided always, that nothing in this act contained Act not to shall be construed to affect or to repeal any of the provisions affect or to repeal of an act passed in the twenty-sixth year of the reign of his 26 Geo. 3, present Majesty, intituled "An act to empower the arch- c. 84. bishop of Canterbury, or the archbishop of York, for the time being, to consecrate to the office of a bishop persons being subjects or citizens of countries out of his Majesty's dominions."

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An Act to render more effectual the several Acts now in force
to promote the Residence of the Parochial Clergy, by making
Provision for purchasing Houses and other necessary
Buildings for the Use of their Benefices.

WHEREAS in and by an act of parliament passed in the 17 Geo. 3,
seventeenth year of the reign of his majesty King George c. 53,
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," it was enacted, that where new build-
ings were necessary to be provided or erected for the habi-
tation and residence of the rector, vicar, or other incumbent
of any ecclesiastical living, parochial benefice, chapelry, or
perpetual curacy, pursuant to the authority thereby given, it
should be lawful for the ordinary, patron, and incumbent of
every such living or benefice to contract, or to authorize, if
they should think fit, the person to be nominated under the
provisions of the said act to contract, for the absolute
purchase of any house or buildings in a situation convenient
for the habitation and residence of the rector, vicar, or other
incumbent of such living or benefice, and not at a greater
distance than one mile from the church belonging to such
living, and also to contract for any land adjoining or lying

21 Geo. 3, c. 66.

convenient to such house or building, or to the house or building belonging to any parochial living or benefice having no glebe lying near or convenient to the same, not exceeding the quantity thereby limited, and to cause the purchase money for such house or buildings to be paid out of the money to arise under the powers and authorities of the said act; in all which cases the said buildings and lands should be conveyed to the patron of such living or benefice, and his heirs, in trust for the sole use and benefit of the rector, vicar, or other incumbent of such living or benefice for the time being, and their successors, and should be annexed to such church or chapel, and be enjoyed and go in succession with the same for ever; but no contract so made by the nominee should be valid until confirmed by the ordinary, patron, and incumbent, by writing under their hands; and every such purchase deed was to be in the form or to the effect contained in the schedule to the said act annexed, and should be registered in such manner and in such office as other deeds were thereby directed to be registered: And whereas an act was passed in the twenty-first year of the reign of his said late Majesty, to explain and amend the said first-mentioned 43 Geo. 3, act: And whereas in and by an act of Parliament passed in the forty-third year of his said late Majesty's reign, intituled "An act for effectuating certain parts of an act passed in the second and third years of the reign of her late majesty Queen Anne, intituled 'An act for the making more effectual her Majesty's gracious intentions for the augmentation of the maintenance of the poor clergy, by enabling her Majesty to grant in perpetuity the revenues of the first fruits and tenths, and also for enabling any other persons to make grants for the same purpose,' so far as the same relate to deeds and wills made for granting and bequeathing lands, tenements, hereditaments, goods, and chattels to the governors of the bounty of Queen Anne, for the purposes in the said act mentioned; and for enlarging the powers of the said governors:" it was enacted that where a living should have been or should be augmented by the said governors, either by way of lot, or benefaction, and there was no parsonage house suitable for the residence of the minister, it should be lawful for the said governors, and they were thereby em

c. 107.

powered, from time to time, in order to promote the residence of the clergy on their benefices, to apply and dispose of the money appropriated for such augmentation, and remaining in their hands, or any part thereof, in such manner as they should deem most advisable, in or towards the building, rebuilding, or purchasing a house and other proper erections within the parish, convenient and suitable for the residence of the minister thereof, which house should for ever thereafter be deemed the parsonage-house appertaining to such living to all intents and purposes whatsoever: And whereas in and by an act of parliament passed in the fifty-fifth year of the reign of his said late Majesty, intituled "An act for 55 Geo. 3, enabling spiritual persons to exchange the parsonage or glebe c. 147. 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 parsonage or glebe houses and glebe lands; and for purchasing and annexing lands to become glebe in certain cases; and for other purposes;" it was enacted, that from and after the passing of the said act it should be lawful to and for any owner or owners of any messuages, buildings, lands, or hereditaments, whether such owner or owners should 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 the said act should be respectively infants, feme coverts, 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 therein mentioned, and with such consent, and to be signified as therein mentioned, of such incumbent and of the patron and bishop, to grant and convey to any parson, vicar, or other incumbent for the time being of any ecclesiastical benefice, perpetual curacy, or parochial chapelry, any messuage, outbuildings, yards, gardens, 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 should 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 therein directed; which said sum or sums of money to be received for the purchase of any lands or hereditaments should, in all cases where the lands or hereditaments so to be purchased belonged to any corporation sole or aggregate, infant, feme covert, lunatic, or person or persons under any other disability or incapacity, with all convenient speed to 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 such account, and applied or laid out in such manner and for such purposes, and the interest and annual produce thereof to be paid to such persons, as in and by the said act appointed and directed: And whereas the provisions of the said last recited act have been extended to 4 Geo. 4, Ireland by an act passed in the fourth year of the reign of c. 86. his present Majesty, intituled "An act to amend the laws for collecting church rates, and money advanced by the trustees and commissioners of the first fruits of ecclesiastical benefices, and for the improvement of church lands, in Ireland ;" and also by an act passed in the fifth year of his present Majesty's reign, intituled "An act to amend an act of the last session of parliament, for amending the laws for the improvement of church lands in Ireland:" And whereas several acts were passed in the fifty-sixth year of the reign of his said late Majesty, and in the first and sixth years of the reign of his present Majesty, to amend the said act of the fifty-fifth year of his late Majesty's reign: And whereas the means of providing houses and buildings for the residence and occupation. of the parochial clergy are still in many cases insufficient, by reason that the powers given to owners of houses, buildings, and lands, by the said act of the fifty-fifth year of his late

5 Geo. 4, c. 8.

56 Geo. 3,

c. 52.

1 Geo. 4,
c. 6.
6 Geo. 4,
c. 8.

persons

authorized

of recited acts.

Majesty's reign, if under any disability or incapacity to convey, authorize the sale of land only, and the exchange only of houses and buildings; and that although power to purchase. houses and buildings is given by the said acts of the seventeenth and forty-third years of his late Majesty's reign, the owners thereof, if under any such disability or incapacity, are not empowered to sell and convey the same; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of Corporathis act it shall and may be lawful to and for any owner or tions and owners of any messuages, buildings, or lands, which may be under dispurchased under the authority of the said acts of the seven- ability or teenth and forty-third and fifty-fifth years of his late incapacity Majesty's reign, or either of them, whether such owner or to sell owners shall be a corporation sole or aggregate, or tenant or messuages, lands, &c., tenants in fee simple or in fee tail, general or special, or for for the life or lives, and for the guardians, trustees, or feoffees for purposes charitable or other uses, husbands or committees of or acting for any such owner or owners as aforesaid, who shall be respectively infants, feme coverts, or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sell such messuages, buildings, and lands, or any of them, for the purposes of the said acts or either of them, and to convey the same in manner hereinafter mentioned; and all messuages, buildings, and lands, which shall be purchased under the authority of this act, or of the said acts of the seventeenth, forty-third, and fifty-fifth years of his late Majesty's reign, or either of them, shall be conveyed unto and to the use of the parson, vicar, or other incumbent of the benefice, curacy, or chapelry, for the residence and occupation of the parson, vicar, or other incumbent whereof the same shall be purchased, and shall for ever, from and after the conveyance thereof, be and become annexed to the same benefice curacy, or chapelry, and be holden and enjoyed by the parson, vicar, or other incumbent thereof, and his successors, accordingly, without any licence or writ of ad quod damnum, the statute of mortmain, or any other statute or law to the contrary notwithstanding; and a copy of every

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