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Exception to the preceding Power.

58 Geo. 3, c. 45.

tified by the said archbishop or bishop, and the said patron or pa trons respectively executing the instrument by which the annexation or grant shall be made.”

[Sect. 22, reciting that by 58 Geo. 3, c. 45,

["Provision was made, under certain restrictions, for enabling any parish to be divided into two or more distinct parishes, and for apportioning in such cases the glebe lands, tithes, moduses, or other endowments between the respective divisions; and it was thereby provided with respect to every such case, that during the incumbency of the existing incumbent of the parish every new church intended as the parish church of any division intended to become a distinct parish should remain a chapel of ease :"

[Proceeds to enact,

["That the power last hereinbefore contained shall not be exercised for the purpose of making an annexation or grant to any chapel of ease situate within any division which under the provisions of the said last-recited act shall be intended to become a distinct parish."

Augmenta.

Car. 2.

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[IT was enacted by the 29 Car. 2, c. 8 (which has been since tion under 29 extended by 1 & 2 Will. 4, c. 45, and 1 & 2 Vict. c. 107, and 3 & 4 Vict. c. 113, s. 76), that augmentations of poor benefices may be made according to the manner therein provided, free from the restrictions of the mortmain statutes (m).

Augmenta

tion under

[The 29 Car. 2, c. 8, intituled "An Act for confirming and 1 & 2 Will. 4. perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies," has been given under the title Appropriation, p. 80. On the 15th of October, 1831, the statute 1 & 2 Will. 4, c. 45, was passed, to extend the provisions of the act of Charles, and for other purposes; but its operation is limited by sect. 30 to England and Wales.

1 & 2 Will. 4, c. 45.

Provision in recited Act limiting any Augmentation repealed.

[1. Partial Repeal of 29 Car. 2, by 1 & 2 Will. 4, c. 45. [After reciting a large portion of the act of Charles, the 1 & 2 Will. 4, c. 45, enacts,

["That the said recited provision by which the amount of any augmentation is restricted and limited to one moiety of the clear

(m) [See the 43 Geo. 3, c. 108, "An Act for promoting the building of Churches, Houses of Residence,' &c. under title fortmain. See also similar provisions in favour of Queen Anne's Bounty, by statutes 2 & 3 Anne, c. 11; 43 Geo. 3, c. 107; 2 & 3 Vict. 49; 3 & 4 Vict. c. 20, s. 5,

under title First Fruits; and 55 Geo. 3, c. 147; 56 Geo. 3, c. 52; 1 Geo. 4, c. 6; 6 Geo. 4, c. 8; 7 Geo. 4, c. 66; as to the purchase and exchange of estates and parsonages by incumbents, under title Exchange. See also title Schools and Union.— ED.]

c. 45.

yearly value above all reprises of the rectory impropriate out of 1 & 2 Will. 4, which the same should be granted and reserved, shall, so far as relates to any augmentation which may be granted after the passing of this act, be and the same is hereby repealed."

[Sect. 10 (which see below) further repeals so much of Charles's act, as requires an express continuance of the augmentation in new leases.

[2. Explanation of 29 Car. 2.

Doubts as to

[Sect 2. "And whereas doubts may arise by reason of the Explaining mention of portion of tithes in the said recited act;' be it enacted, Portion of That the provisions of the said recited act shall extend to any aug- Tithes, &c. mentation to be made out of tithes, although the same may not be a portion of tithes; and further, that it shall be lawful, under the power given by the said recited act, to grant, reserve, or make payable any such augmentation as aforesaid to the incumbent of any church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise, (as the case may be,) whether such incumbent shall be a vicar or curate, or otherwise: Provided also, that no such augmentation shall be made payable to any other person whomsoever."

[3. Extension of 29 Car. 2, for the future.

to extend to

[Sect. 3. "That in every case in which any augmentation shall Recited Act at any time hereafter be granted, reserved, or made payable to the Augmentaincumbent of any church or chapel, or reserved by way of increase tions by Colleges and of rent to the lessors, but intended to be to or for the use or benefit Hospitals. of any incumbent, by the master and fellows of any college, or the master or guardian of any hospital so making the said grant or reservation out of any rectory impropriate, or tithes or portion of tithes, belonging to the master and fellows of such college, or the master or guardian of such hospital, all the provisions hereinbefore recited and set forth, except the provision hereinbefore repealed, shall apply to such case in the same manner as if the same provision, except as aforesaid (with such alterations therein as the difference between the cases would require), were herein expressly set forth and enacted with reference thereto: Provided always, that every such augmentation shall be made to the incumbent of some church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise (as the case may be).”

[Sect. 4. "That in every case in which any augmentation shall at any time hereafter be granted, reserved, or made payable to the incumbent of any church or chapel being in the patronage of the grantor or grantors, or lessor or lessors, or be reserved by way of increase of rent to the lessor or lessors, but intended to be to or for the use or benefit of any such incumbent, by any archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, or the master and fellows of any college, or the master or guardian of any hospital so making the said grant or reservation out of any lands, tenements, or other hereditaments belonging to such archbishop, bishop, dean,

The same Sta

tute to extend to Augmen

tations made Persons, Colleges and Hospitals, out of any Hereditaments, to or Chapel be

by Spiritual

any Church

ing in their Patronage.

c. 45.

1 & 2 Will. 4, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, or the master and fellows of such college, or the master or guardian of such hospital, all the provisions hereinbefore recited and set forth (except the provision hereinbefore repealed) shall apply to such case in the same manner as if the same provisions, except as aforesaid (with such alterations therein as the difference between the cases would require), were herein expressly set forth and enacted with reference thereto."

All such Aug

be in the Form of annual Rents.

[Sect. 5. "That every augmentation which at any time hereafter mentations to shall be granted, reserved, or made payable, either under the power given by the said recited act, or under either of the powers hereinbefore contained, shall be in the form of an annual rent, and that the provisions of the said recited act, and the provisions hereinbefore contained, shall not apply to any other kind of augmentation whatsoever to be made after the passing of this act."

Where Here

in Lease, a Part of the

[4. As to Leases on augmented Benefices.

[Sect. 6. "That where any such rectory impropriate, or tithes ditaments are or portion of tithes, or any such lands, tenements, or other hereditaments as aforesaid, shall respectively be subject to any lease on reserved Rent which an annual rent shall be reserved or be payable to the person granted as an or persons or body politic making the augmentation, it shall be

may be

Augmenta

tion.

Where Here

subject to a

serving a

lawful, during the continuance of such lease, to exercise the power given by the said recited act, or either of the powers hereinbefore contained (so far as the same shall apply), by granting to the incumbent of the benefice intended to be augmented a part of the rent which shall be so reserved or made payable as aforesaid, and then and in every such case the same premises shall for ever, as well after the determination of such lease as during the continuance thereof, be chargeable to such incumbent, and his successors, with the augmentation which shall have been so granted to him as aforesaid; and from and after such time as notice of the said grant shall be given to the person or persons entitled in possession under the said lease, and thenceforth during the continuance of the same, such incumbent, and his successors, shall have all the same powers for enforcing payment of such augmentation as the person or persons or body politic by whom the augmentation shall have been granted might have had in that behalf in case no grant of the same had been made; and after the determination of the said lease, the said incumbent, and his successors, shall have such remedy for enforcing payment of such augmentation as aforesaid as is provided by the said recited act with respect to augmentations granted, reserved, or made payable under the authority thereof."

[Sect. 7. "That where any such rectory impropriate, or tithes or ditaments are portion of tithes, lands, tenements, or other hereditaments as aforeLease not re- said, shall be subject to any lease for any term not exceeding Rack Rent, twenty-one years or three lives, or (in the case of such houses as an Augmen under the provisions of the act passed in the fourteenth year of the reign of her majesty Queen Elizabeth, intituled, An Act for Continuation, Explanation, perfecting, and enlarging of divers Statutes,' may lawfully be leased for forty years) not exceeding forty years, on which lease the most improved rent at the time of making the same 14 Eliz. con- shall not have been reserved, it shall be lawful at any time during the

tation may be granted, to

take effect on

the Determination of

such Lease.

sidered.

c. 45.

continuance of such lease to exercise the power given by the said 1 & 2 Will. 4, recited act, or either of the powers hereinbefore contained, by granting out of the said premises an augmentation, to take effect in possession after the expiration, surrender, or other determination of such lease, and then and in every such case the said premises shall, from and after the expiration, surrender, or other determination of the said lease, and for ever thereafter, be chargeable with the said augmentation; and the provisions of the said recited act and of this act respectively shall in all respects apply to every augmentation which shall be so granted in the same manner as in other cases of augmentations to be granted under the powers of the said recited act or of this act."

defer the

Augmenta

Renewal of

[Sect. 8. "And whereas it is apprehended that it may be de- Power in sirable in many cases to make grants of augmentations in the manner such Cases to last herein before mentioned, and that such grants would be much Commencediscouraged if the augmentation to be granted should necessarily ment of the take effect in possesssion upon a surrender of the lease during tion upon a which the same had been granted as aforesaid for the purpose of the Lease. such lease being renewed;' be it therefore further enacted, That in any case in which an augmentation shall have been granted to take effect in possession after the expiration, surrender, or other determination of any lease in the manner authorized by the clause last hereinbefore contained, and a renewal of such lease shall take place before the expiration thereof, it shall be lawful in and by the renewed lease to defer the time from which such augmentation is to take effect in possession as aforesaid until any time to be therein specified in that behalf: Provided always, that the time to which the augmentation shall be so deferred shall be some time not exceeding twenty-one years, or (in the case of such houses as by the said act of her majesty Queen Elizabeth may lawfully be leased for forty years) not exceeding forty years, to be respectively computed from the commencement of the lease during which the augmentation shall have been granted."

14 Eliz. con

sidered.

Power to apmentations on future Leases.

portion Aug.

[Sect. 9. "That where any such augmentation as aforesaid shall have become chargeable, under or by virtue of the said recited act or of this act, upon any rectory impropriate, tithes, portion of tithes, lands, tenements, or other hereditaments, if any lease shall afterwards be granted of any part of the same premises separately from the rest thereof, then and in every such case, and from time to time so often as the same shall happen, it shall be lawful for the person or persons granting such lease to provide and agree that any part of such augmentation shall during such lease be paid out of such part of the hereditaments previously charged therewith as shall be comprised in the said lease, and then and in such case, and thence- Restriction forth during the lease so to be made as aforesaid, no further or on the Exerother part of the said augmentation shall be charged on the pre- Power of Apmises comprised in the said lease than such part of the said portionment. augmentation as shall be so agreed to be paid out of the same: Provided always, that in every such case the hereditaments which shall be leased in severalty as aforesaid shall be a competent security for such part of the said augmentation as shall be agreed to be paid out of the same, and the remainder of the hereditaments originally charged with the said augmentation shall be a competent security for the residue thereof."

cise of the

1 & 2 Will. 4, c. 45.

much of

14 Eliz. as requires an

[Sect. 10. And whereas by the said recited act it was enacted, that if upon the surrender, expiration, or other determination of Repeal of so any lease wherein such augmentation had been or should be granted, any new lease of the premises, or any part thereof, should thereafter be made without express continuance of the said augmentation, every such new lease should be utterly void;' be it further enacted, the Augmen. That the said last-mentioned provision, so far as relates to any augmentation which may be granted after the passing of this act, shall be and the same is hereby repealed."

express Continuance of

tation in new Leases.

Ecclesiastical

Colleges, &c. holding Impropriate Rectories or Tithes, may annex the

same to any Church or

Chapel within

the Parish in

[5. As to Ecclesiastical Corporations.

[Sect. 11. "That it shall be lawful for any archbishop, bishop, Corporations, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation or person or persons, or the master and fellows of any college, or the master or guardian of any hospital, being, in his or their corporate capacity, the owner or owners of any rectory impropriate, or of any tithes or portion of tithes arising in any particular parish or place, by a deed duly executed, to annex such rectory impropriate, or tithes or portion of tithes as aforesaid, or any lands or tithes, being part or parcel thereof, with the appurtenances, unto any church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise, to the intent and in order that the same may be held and enjoyed by the incumbent for the time being of such church or chapel; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding."

which the Rectory lies

or the Tithes

arise.

Power to an

nex Lands, &c. held by

them to any

Church or
Chapel under

their Patron

age.

Such Annexations to be

subject to

and the Rents

some Portion

[Sect. 12. "That it shall be lawful for any archbishop, bishop, dean, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation or person or persons, or the master and fellows of any college, or the master or guardian of any hospital, being, in his or their corporate capacity, the owner or owners of any lands, tenements, or other hereditaments whatsoever, and also being in his or their corporate capacity the patron or patrons of any church or chapel, by a deed duly executed, to annex such lands, tenements, or other hereditaments, with the appurtenances, unto such church or chapel, to the intent and in order that the same premises may be held and enjoyed by the incumbent for the time being thereof; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding."

[Sect. 13. "That in any case in which any rectory impropriate, tithes or portion of tithes, lands, tenements, or other hereditaments, prior Leases, shall be annexed to any church or chapel, pursuant to either of the reserved upon powers hereinbefore in that behalf contained, the annexation thereof the same, or shall be subject and without prejudice to any lease or leases which thereof, to be previously to such annexation may have been made or granted of the same premises or any part thereof; provided also, that in every such case any rent or rents which may have been reserved in respect of the said premises in and by such lease or leases, or (in case any other hereditaments shall have been also comprised in such lease or leases) some proportional part of such rent or rents, such proportional part to be fixed and determined in and by the instrument by which the annexation shall be made, shall during the continuance

determined by the Deed of Annexation.

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