for the twenty years next preceding the passing of this act shall have been usually taken for or in respect of the same instrument, matter, or thing in case of admission to any cathedral preferment or any benefice within the diocese of London: provided also, that the said persons shall have power to ordain graduated scales of fees in respect of benefices below the yearly value of five hundred pounds. CXXXII. And be it enacted, that nothing in this act contained Act not to shall be deemed, construed, or taken to derogate from, diminish, of bishops. prejudice, alter, or affect, otherwise than is expressly provided, any powers, authorities, rights, or jurisdiction already vested in or belonging to any archbishop or bishop under or by virtue of any statute, canon, usage, or otherwise howsoever. affect powers extend to CXXXIII. And be it enacted, that no provision in this act con- Act not to tained shall extend or be construed to extend to that part of the Ireland. united kingdom called Ireland. The first Schedule referred to in the foregoing act. QUESTIONS to be annually transmitted by each bishop to every spiritual person holding any benefice within his diocese or jurisdiction. 1. What is the name of your benefice? 2. In what county? 3. Name of incumbent, and date of admission? 4. Is there a glebe house belonging to your benefice? 5. Were you resident in the glebe house, or, there being no glebe house, or none fit for your residence, were you resident in any and what house appointed by the bishop in his licence, during the last year, for the term prescribed by law? 6. Being non-resident, were you performing the duties of your 7. Were you in the last year serving any other church or chapel 9. What are the services in your church? Is a sermon or lecture 10. Were these services duly performed last year? If not, for what reason? 11. What are the services in your chapel or chapels, if any? Is a 13. Have you any assistant curate or curates? If so, state his or 15. If non-resident by licence, state the ground of licence, and the time when it will expire? 16. If non-resident without licence? were you so by exemption? 17. If non-resident by exemption, state the ground of exemption, and whether such exemption was claimed for the whole year, or during what part thereof? 18. If you were non-resident, and did not perform the duties of your benefice, what ecclesiastical duties, if any, were you performing, and where do you now reside? OBSERVE,-The foregoing questions are to be answered by every incumbent, whether resident or not. FURTHER QUESTIONS to be answered, in addition to the foregoing, in case the incumbent be non-resident. 20. Does he reside in the glebe house? 21. Does he pay any and what rent or consideration for the use of the glebe house; or is any deduction made on account thereof from the stipend assigned to him in his licence? 22. If not resident in the glebe house, does he reside in the parish? 23. If not resident in the parish, where does he reside, and at what distance from your church or chapel? 24. Does he serve any other church or chapel as incumbent? If so, state the name thereof, and the distance from your own church or chapel? 25. Does he serve any other church or chapel as curate? If so, state the name thereof, and the distance from your own church or chapel? 26. Is he licensed? 27. What is his salary from you? 28. Has he from you any other allowances or emoluments? State what, and the average value thereof respectively? 29. What is the gross and what is the net annual value of your benefice? N.B.-All the questions have reference to the year immediately preceding that in which they are transmitted. The Second Schedule referred to in the foregoing act. FORM of the MORTGAGE. THIS Indenture, made the year of our Lord lord bishop of day of in the between the right reverend father in God of the one part, and of the other part: whereas the said bishop, pursuant to the directions of an act passed in the second year of the reign of her majesty queen Victoria, intituled an act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy, hath determined to levy and raise the sum of pounds, to be laid out and expended in building, rebuilding, or repairing [as the case shall be] the parsonage house and other necessary offices upon the glebe belonging to the rectory, vicarage, &c. of hereof into the hands of pounds [describing it,] [or, in purchasing a house and land for the residence and occupation of the incumbent of the rectory, &c.]: and whereas the said hath agreed to lend and advance the sum of pounds, upon a mortgage of the glebe, tithes, rent charges, rents, and other profits and emoluments of the said benefice, pursuant to the directions and the true intent and meaning of the said act. Now this indenture witnesseth, that the said bishop, in consideration of the sum of pounds, paid at or before the sealing and delivery (a person or persons [as the case shall be] nominated by the said bishop to receive the same, pursuant to the directions of the said act (which nomination is hereunto annexed), and which receipt of the said sum of the said have or hath acknowledged by an endorsement on this deed), hath granted, bargained, sold, and demised, and by these presents doth grant, bargain, sell, and demise, unto the said his executors, administrators, and assigns, all the glebe lands, tithes, rent charges, rents, moduses, compositions for tithe, salaries, stipends, fees, gratuities, and other profits and emoluments whatsoever, arising, coming, growing, renewing, or payable to the incumbent of the said benefice in respect thereof, with all and every the rights, members, and appurtenances thereunto belonging; to have, hold, receive, take, and enjoy the said premises and their appurtenances unto the said his executors, administrators, and assigns, from henceforth for the term of thirty-five years, fully to be complete and ended: provided always, that if the incumbent for the time being of the said benefice and his successors shall, from and after the expiration of the first year of the said term, yearly and every year (such year to be computed from the date hereof), pay to the said his executors, administrators, per and assigns, one thirtieth part of the sum of pounds, until the whole thereof shall be repaid, and at the end of the first and each succeeding year pay interest at the rate of cent. per annum on the said sum of pounds, or so much thereof as shall from time to time remain unpaid, according to the true intent and meaning of the said act and of these presents, and also all costs and charges which shall be occasioned by the nonpayment thereof, these presents and every thing herein contained shall be void: provided also, that it shall be lawful for the incumbent for the time being of the said benefice, and his successors, peaceably and quietly to hold and enjoy the said glebe lands, tithes, rent charges, rents, moduses, compositions for tithes, stipends, fees, gratuities, and other emoluments and profits whatsoever, arising or to arise from or in respect of the said benefice, until default shall be made by him or them respectively in the payment of the interest and principal, or some part thereof, at the times and in the manner aforesaid. In witness, &c. of APPOINTMENT OF THE NOMINEE (to be written on parchment.) I, the right reverend father in God lord bishop do hereby nominate and appoint of to receive the money authorized to be raised by an act passed in the second year of the reign of her majesty queen Victoria, intituled an act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy, for the purpose of building, rebuilding, repairing, or purchasing the parsonage house, &c. [as the case may be] to the rectory, vicarage, &c. of belonging, and to pay and apply the same, and to enter into contracts with proper persons for such buildings or repairs, and to inspect and to take care of the execution of such contracts, and to take such receipts and vouchers, keep such accounts, and do and perform all such other matters and things which nominees are authorized and required to do and perform in and by the said act, the said having given security for the due application thereof, according to the directions of the said act. Given under my hand this day of FORM of the DEED of PURCHASE of buildings or lands to be annexed to the benefice. THIS Indenture, made the year of our Lord day of between A. B. of in the lord and E. F. of patron of the of the one part, the right reverend father in God bishop of rectory, &c. of of the other part: whereas there is no fit parsonage house belonging to the said rectory, &c.: and whereas a contract hath been made, by the direction of the said bishop, with the said A. B. for the absolute purchase of the house, buildings, and lands hereinafter described, for the price or sum of pounds, pursuant to the directions of an act passed in the second year of the reign of her majesty queen Victoria, intituled an act to abridge the holding of benefices in plurality, and to make better provision for the residence of the clergy. Now this inden ture witnesseth, that the said A. B., in consideration of the sum of pounds to him in hand paid for the purchase aforesaid, the receipt for which sum the said A. B. hath admitted by an endorsement on the back of this deed, hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said E. F. and his heirs, all, fc. [here insert a full description of the buildings or lands so intended to be conveyed, with their and every of their rights, privileges, and appurtenances,] to hold unto the said E. F. and his heirs or successors [as the case may be] in trust for the sole use and benefit of the incumbent of the said benefice and his successors, rectors, vicars, &c. [as the case may be] of the said benefice for the time being, for ever. [Usual covenants for title to be added.] In witness, &c. END OF VOL. III. H. W. Ball, Printer, High-street, Wells. |