house and buildings, and subject to certain consents to apply the materials or produce, if sold, in some lasting improvement1. The Incumbent of a living, of which the glebe does not exceed five acres, may purchase lands, with certain consents and restrictions, to the extent of twenty acres, and annex it to the glebe m; and may raise the purchase money by mortgage of the tithes, &c. for a term of twenty-five years, to the extent of two years' income"; and certain provisions are then made as to the repayment of the sum raised, and a larger proportion is made payable, in case the Incumbent does not reside twenty weeks in a year. The Governors of Queen Anne's Bounty, and colleges, are also empowered to lend money for the purposes of the Act, with certain restrictions; and certain special provisions are made as to powers, exchanges, conveyances, the application of purchase monies, of premises sold, and the custody of deeds and instruments °. Stat. 56 GEO. III. Cap. 52. Incumbents may apply the produce of timber cut from their glebe lands, with certain consents, towards the exchange or purchase of a house of residence, garden, glebe lands, and appurtenances P. Stat. 1 GEO. IV. Cap. 6. This Act repeals the 20th section of stat. 55 Geo. 3. cap. 147. which directed that the forms contained in the Acts of the 17th and 21st years of Geo. 3. (chapters 53. and 66.) should be applied to the purposes of the first mentioned Act 9. Stat. 5 GEO. IV. Cap. 89. No. 7. No. 8. No. 9. of payments of and inte The Incumbent of a living mortgaged for the amount of Reduction two years' income, may lay before the Ordinary an account in writing, signed by him, and verified as therein mentioned, principal of the income of such living, and of all taxes and outgoings, excepting only the salary of the Curate; and the Ordinary may cause an inquiry to be made of the truth of such account, and the Incumbent and the mortgagee may, with con I s. 5. p. 244. 8. 2. p. 256. m s. 6. p. 245. 4 p. 257. " s. 7. p. 246. ⚫ p. 248-254. rest. No. 10. sent of the Patron and Ordinary, agree, that the yearly payments in discharge of the principal secured by mortgage, shall be made at the rate of five per cent. or ten per cent. per annum, as the case may require, according to the directions of the former Acts, of the sum which such two years' income would amount to, and the mortgage shall remain as a security for payment of principal and interest. Agreements are to be according to the form in the schedule, and to be signed by the parties in the Act mentioned s. The Governors of Queen Anne's Bounty may enter into such agreements with respect to mortgages made to them, and the colleges and halls in the Universities may do the same t. Such agreements are to be registered, and the instruments and proceedings are exempted from stamp duty ". In case the Incumbent of any living mortgaged, &c. who does not reside twenty weeks in a year, has been nonresident by licence, by reason of the illness of himself, or of his wife or child, being part of his family, such Incumbent shall pay the mortgagee the sum he would have been liable to pay under the former Acts, or any agreement under this Act, in case he had resided such twenty weeks, but the Incumbent must deliver a certificate of the fact, under the hand of the Bishop, to the mortgagee 3. The Governors of Queen Anne's Bounty may reduce the rate of interest on mortgages made to them under the former Acts y. Stat. 6 GEO. IV. Cap. 8. The power to exchange glebe lands given by stat. 55 Geo. 3. cap. 147. is extended to any number of acres, subject to the provisions of stat. 56 Geo. 3. cap. 52. An Incumbent may convey lands, &c. belonging to his benefice in exchange for lands, although they are copyhold of inheritance held of a manor not belonging to the benefice, with consent of the lord, and the lands so taken are to be s. 1. p. 259. 65. 2. p. 260. ts. 3. ib. "s. 4. 5. p. 260.261. y s. 7. p. 261. referring to stat. 55 Geo. 3. c. 147. s. 8. p. 248. come freehold, and the lands conveyed to be subject to manorial rights, and three months' notice for the purpose of any exchange shall be sufficient a. Stat. 7 GEO. IV. Cap. 66. The owners of any buildings, lands, &c. which may be purchased under stat. 17 Geo. 3. cap. 53. 43 Geo. 3. cap. 107b. and 55 Geo. 3. cap. 147. whether corporations, tenants in fee or tail, or for life, and also guardians, trustees, or feoffees, for charitable and other uses, husbands, or committees of infants, feme coverts, and lunatics, under any disability, may sell such buildings, lands, &c. for the purposes of the said Acts; and all buildings, lands, &c. which shall be purchased, shall be conveyed to the use of the Incumbent for his residence, and a copy of the conveyance shall be registered ; a map and plan of such premises is to be made, and verified upon oath d. Where such a sale is made, on behalf of persons under disability, the purchase money is to be paid into the Bank, to the account of the persons who would be entitled to the rents and profits of the buildings, &c. in the manner as in the Act mentioned e. No. 11. PART I. CLASS V. Stat. 1 ELIZ. Cap. 19. Sect. 5. Statutes relating to Leases by Spiritual Persons. ALL conveyances by any Archbishop or Bishop of any lands, tenements, &c. being parcel of the possessions of his Archbishopric or Bishopric, or appertaining thereto, other than for the term of twenty-one years, or three lives, from such time as such lease, &c. shall begin, and whereupon the accustomed yearly rent or more shall be reserved, shall be void f. * s. 3. p. 265. 266. * s. 3. p. 272. f s. 5. ib. bp. 297. cs. 1. p. 271. d s. 2. ib. No. 1. No. 2. No. 3. No. 4. Stat. 13. ELIZ. Cap. 10. If any one of the spiritual persons enumerated, having ecclesiastical preferments whereto belong any house or buildings which by law he is bound to keep in repair, alienate his goods and chattels, with the intent to defraud the successor of dilapidations, the successor may recover against him to whom the alienation is made 8. All leases, conveyances, &c. made by any Masters or Fellows of any college, Deans and Chapters, Masters and Guardians of hospitals; Parsons, Vicars, or others, having any ecclesiastical living, or any houses, lands, &c. parcel of such colleges, &c. other than for the term of twenty-one years, or three lives, from the time such lease, &c. shall be granted, and whereon the accustomed yearly rent or more shall be reserved, shall be void h. The statute does not enlarge the private statutes of a college or collegiate church i. Stat. 18 ELIZ. Cap. 11. All leases made by the ecclesiastical persons (mentioned in stat. 13 Eliz. Cap. 10.) of their ecclesiastical lands, &c. whereof a former lease for years is in being, not to be expired or surrendered within three years after the making the new lease, shall be void k. Stat. 39 and 40 GEO. III. Cap. 41. Where any part of the possessions of any Archbishop, Bishop, &c. or other person, having any ecclesiastical preferment, shall be demised by several leases, which was formerly demised by one, or where a part shall be demised for less than the ancient rent, and the residue shall be retained by the lessor, the several rents, reserved on the separate demises of the specific parts, shall be taken to be the ancient rents within the meaning of the statutes referred to1. Where the whole of such premises shall in future be demised in h 8 s. 2. p. 274. S. 3. P. 274. i s. 4. ib. *See sect. 2. p. 275. n. where the substance of the several statutes upon the subject of ecclesiastical leases is consolidated. These statutes are numerous and intricate, and are worthy of the attention of the legislature, with the view to consolidation. 1 s. 2. 279. parts, the aggregate rents reserved shall not be less than the old accustomed rent, and so in proportion where a part shall be retained in possession by the lessor1; but no greater proportion of the accustomed rent shall be reserved by any separate lease than the part of the premises demised will bearm. Where any thing incapable of division shall have been reserved by the lessor, it may be charged on a competent part of the premises ". Where payments have been reserved to any Vicar or other person than the lessor, provision shall be made in such leases as shall hereafter be granted of the same lands, &c. in severalty, out of any part of such lands, &c. of not less annual value than three times the amount to be charged thereon, exclusive of the rent to the lessor ". PART I. CLASS VI. Stat. 2 and 3 ANN. Cap. 11. Statutes relating to Augmentations. THE Queen is empowered to erect a corporation, and settle on it the first-fruits and tenths, for the augmentation of the maintenance of the poorer Clergy P; and all persons having any estate or interest in lands, &c. or any property in goods or chattels, are empowered to give and grant them by deed or will to the corporation, and the corporation may accept or buy the same from those who are disposed to give or sell them 9. The Act does not enable infants, lunatics, or married women, without their husbands, to make such gift or grant'. Stat. 1 GEO. I. Cap. 10. The Bishops are required from time to time, as they may see occasion, to inform themselves of the yearly value of every benefice, and certify the same to the Governors of 1 s. 3. p. 279. m s. 4. ib. n s. 5. ib. ° s. 8. p. 280. Ps. 1. p. 282. 4 s. 4. p. 283. personal property may be given without deed, stat. 45. Geo. 3. c. 84. s. 3. p. 302. * s. 5. p. 284. d No. 1. No. 2. |