to be built, which, with the offices thereto belonging and adjoining, or connected otherwise than by a fence or fence-wall, or covered passage, open on one or both sides, when finished, does or shall exceed the value of eight hundred and fifty pounds; and also every dwelling-house, which does or shall exceed nine squares of building on the ground-floor, each square containing one hundred superficial feet, shall be deemed the first rate or class of building.

their own

(in England

H.8, c. 16, and

43 GEORGE 3, CAP. 108.—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.— Whereas a sufficient number of churches and chapels for the 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 desirious of contributing towards the supply of such defects, if they were enabled so to do in the manner hereinafter directed: may it therefore please your majesty, that it may be enacted; and be it 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 all and every Persons posperson and persons having in his or their own right any estate or sessed in interest in possession, reversion, or contingency, of or in any lands right may, by or tenements, or of any property of or in any goods or chattels, shall deed enrolled have full power, licence, and authority, at his and their will and plea- under st. 27 sure, by deed enrolled in such manner, and within such time as is in Ireland directed in England by the statute made in the twenty-seventh year under stat. of the reign of king Henry the eighth, and in Ireland by the statute c. 1, s. 17), made in the tenth year of the reign of king Charles the first, for en- or by will exrolment 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 or goods and person or persons, or body politic or corporate, and their heirs and exceeding successors respectively, all such his, her, or their estate, interest, or £500 for the property in such lands or tenements, not exceeding five acres, or this act. 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-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,

10 C. st. 2,

ecuted three

months be

fore their decease, give

lands not exceeding five acres,

chattels not

purposes of

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 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, the statute of mortmain, or any other statute or law to the contrary notwithstanding: proNot toextend vided always, that this act or any thing therein contained, shall not to infants, extend to enable any person or persons being within age, or of nonsane 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.

femes covert,

&c.

Onlyonesuch gift shall be made by one

where it ex

the chancellor may reduce it.

II. Provided also, and it is hereby further enacted, that no more than one such gift or devise shall be made by any one person, and person, and that if any such gift or devise as aforesaid shall happen to exceed ceedsamount five acres in lands or 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.

acres shall be

No glebe upIII. Provided also, that no glebe containing upwards of fifty acres wards of fifty shall be augmented with more than one acre under or by virtue of augmented this act, but that the excess, if any, given or devised for the purpose of such augmentation, shall be reduced in manner aforesaid, by the said lord chancellor, and such order thereupon shall be by him made as herein before is directed in the case of an excess beyond five acres.

with more than one acre

IV. And whereas it often happens that small plots of land held in mortmain lie convenient to be annexed to some such church or chapel, or house of residence, as aforesaid, or to some church-yard, or curtilage thereto belonging, or convenient to be employed as the site 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 public, and without detriment to the proprietors thereof, if they were enPlots of land abled to give and grant the same for the purposes aforesaid; be it ing one acre, therefore further enacted, that it shall be lawful for every body politic or corporate, sole or aggregate, by deed enrolled as aforesaid, be granted with or without confirmation, as the law may require, to give and change or be- grant, either by way of exchange or benefaction, any such small nefaction for 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

not exceed

held in mort

main, may

either by ex

being annexed to a

church, &c.

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. V. Provided also, and it is hereby further enacted and declared, Accommodathat in every parochial church or chapel hereafter to be erected, tion shall be ample provision shall be made for the decent and suitable accom- all persons modation of all persons, of what rank or degree soever, who may be resorting to entitled to resort to the same, and whose circumstances may render them unable to pay for such accommodations.

provided for

church, &c.

VI. Provided also, that nothing in this act contained shall be con- Former strued to take away or abridge any right of giving or devising which rights of already exists in any person whatsoever.

devising, &c. reserved.

51 GEORGE 3, CAP. 115.-An act for amending the act forty-third George third, to promote the building, repairing or otherwise providing the churches and chapels, and of houses for the residence of ministers, and the providing of church-yards and glebes.-Whereas by an act passed in the forty third year of his present majesty's reign, intituled, 43 G. 3, c. 108, an act to promote the building, repairing or otherwise providing of s. 1. 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 enrolled, 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 enrolment 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-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 outbuildings, 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

VOL. II.

E

may vest

person for

building or

repairing church or chapel, or

sidence of

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 whereas it is expedient that the powers of the said act should be extended for that purpose; 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 the king's most excellent majesty, his heirs and successors, shall have His majesty full power, licence and authority, by deed or writing under the great lands in any 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 house for re- 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 outbuildings, 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 9 H. 3, c. 36. 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 honor and dignity of the crown, or any other act or acts, or No grant to other impediment or disability whatsoever : provided always, that exceed five 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

minister.

1 Anne, st. 1, c. 7.

acres.

Any person having fee simple of

manor may grant five acres of waste for ecclesiastical purposes.

named and mentioned.

II. And be it further enacted, by the authority aforesaid, that it shall be lawful for any person or persons, bodies politic or corporate, seized of or entitled to the entire and absolute 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 of any such body or bodies politic or corporate, and enrolled 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 church-yard or burying-ground, or enlarging a church-yard or burying-ground for such parish or extraparochial 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 from all rights of common thereon, and any statute prohibiting any alienation in mortmain, or other statute, law or custom to the contrary notwithstanding: provided always, that no grant Grants whatsoever shall be made of any land whatsoever, for any of the parochial purposes authorized by this act, unless the church or chapel for the churches or benefit 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.

52 GEORGE 3, CAP. 161, SEC. 27.—An act for enabling ....

the commissioners of the treasury to appropriate small portions of land for ecclesiastical purposes.

restricted to

chapels.

XXVII. Whereas in and by an act passed in the fifty-first year 51 G.3, c. 151, of the reign of his present majesty, intituled an act for amending the ". 1. act forty-third George the third, to promote the building, repairing or otherwise providing the churches and chapels, and of houses for the residence of ministers, and for providing of church-yards and glebes, it was, among other things, enacted, that the king's most excellent majesty, his heirs and successors, should have full power, licence and authority, by deed or writing, under the great seal, to give and grant, and vest in any person or persons, bodies politic and 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, for or towards the erecting, rebuilding, repairing, purchasing or providing any church or chapel where the liturgy and rites of the united church of England and Ireland 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 any outbuildings, offices, church-yards or glebe, for the same respectively, and to be for those purposes applied in and by such deed as aforesaid expressed, provided that nothing in this act now in recital contained should extend or be construed to extend to enable his majesty, his heirs or successors, to grant more than five acres in any one grant for any of the purposes aforesaid: and whereas it is found expedient that the powers of the same act should be extended to ground for curtilages, accesses or any other conveniences or accommodations of or to any of such churches or chapels as aforesaid: and whereas the passing of deeds or writings under the great seal for the purposes