patrons in

Consent for XVII. And be it further enacted, that whenever the patron of case of mino- any benefice, perpetual curacy or parochial chapelry, to which the rity, lunacy provisions of this act extend, shall happen to be a minor, idiot, or marriage. lunatic or feme covert, it shall and may be lawful for the guardian, committee or husband of every such patron to transact the several matters, and execute the requisite deeds as aforesaid, for such patron, who shall be bound thereby in such manner as if he or she had been of full age or sound mind, or feme sole, and had done such acts and executed such deeds.

Consent where livings

duchy of

Lancaster.

XVIII. Provided also, and be it further enacted, that in all cases belong to the where the patronage of any benefice, perpetual curacy or parochial crown, or to chapelry, to which the provisions of this act extend, shall be in the crown, and such living or benefice shall be above the yearly value of twenty pounds in the king's books, the consent of the crown to the several proceedings hereby authorized respecting such benefice, perpetual curacy or parochial chapelry, shall be signified by the execution of the deeds or instruments herein before directed, by the lord high treasurer or first lord commissioner of the treasury for the time being; but if such benefice, perpetual curacy or parochial chapelry, shall not exceed the yearly value of twenty pounds in the king's books, such consent shall be signified by such execution by the lord high chancellor, lord keeper or lords commissioners of the great seal for the time being; and if such benefice, perpetual curacy or parochial chapelry, shall be within the patronage of the crown, in right of the duchy of Lancaster, then such consent shall be signified by the execution of such deeds or instruments by the chancellor of the said duchy for the time being.

Deeds and instruments

XIX. And be it further enacted, that one part of all deeds and deposited in instruments to be made and executed in pursuance of or for carrying archbishop's into execution this act, together with the maps and valuations, and registry. the commissions of inquiry and the returns to the same, hereinbefore

or bishop's

Fees of registrar.

directed, shall, within twelve calendar months next after the date or dates thereof, be deposited in the office of the registrar of the diocese wherein such benefice, perpetual curacy or parochial chapelry, shall be locally situate, to be perpetually kept and preserved therein, except as to those benefices which are under the peculiar jurisdiction of any archbishop or bishop, in which case the several documents before mentioned shall be deposited in the office of the registrar of that peculiar jurisdiction, to which any such bencfice, perpetual curacy or parochial chapelry shall be subject, and such registrars shall respectively so deposit and preserve the same, and shall give and sign a certificate of such deposit thereof to be written on a duplicate, or on any other part or parts of the said deeds, or any or either of them, or on some other separate parchment, paper or instrument; and every such deed or instrument shall be produced at all proper and usual hours at such registry, to every person applying to inspect the same, and an office copy of each such deed or instrument, certified under the hand of the registrar (and which office copy, so certified, the registrar shall in all cases grant to every person who shall apply for the same) shall in all cases be admitted and allowed as legal evidence thereof in all courts whatsoever; and every such registrar shall be entitled to the sum of ten shillings and

no more (over and besides the stamp duty, if any) for such commission and the previous requisites thereof; and the sum of five shillings. and no more, for so depositing as aforesaid the deeds, settlements, map, survey, valuation, commission and instruments, and so as aforesaid certifying such deposit thereof; and the sum of one shilling and no more for each such search; and the sum of sixpence and no more (over and besides the said stamp duty) for each folio of seventy-two words of each such office copy, so certified as aforesaid.

forms in sch.

used for act.

XX. And be it further enacted, that such of the forms contained In what case in the schedules of the said recited acts of the seventeenth and 17 G. 3, c. 53, twenty-first years of the reign of his present majesty, as are appli- 21 G. 3, c. 66, cable to the provisions of this act, and with such variations thereof as shall render them so applicable, shall be used and applied to the purposes of this act as fully and effectually as if the same were hereby enacted and made part of this act.

repeal any

XXI. Provided always, and it is hereby declared, that nothing in Act not to this act contained shall extend or be construed to repeal or abridge former law. any law now in force, enabling any person or corporation sole or aggregate, to augment or improve any ecclesiastical benefice, perpetual curacy or parochial chapelry.

56 GEORGE 3, CAP. 52.-An act to amend and render more effectual an act passed in the last session of parliament, for enabling spiritual persons to exchange their parsonage houses or glebe lands, and for other purposes therein mentioned.-Whereas an act was passed in 55 G.3, c. 147. the last session of parliament, intituled an act for enabling spiritual persons to exchange the parsonage or glebe 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: and whereas it is expedient to authorize the incumbents of benefices, perpetual curacies, and parochial chapelries to apply the monies arising from the sale of any timber cut from the glebe or other lands of their respective benefices, perpetual curacies, or parochial chapelries, towards the purposes of the said recited act: 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 it shall Incumbent and may be lawful for the incumbent of any benefice, perpetual of patron and curacy or parochial chapelry, with the consent of the patron of such bishop may benefice, perpetual curacy or parochial chapelry, and of the bishop arising from of the diocese wherein the same is locally situate, or of the archbishop ber for or or bishop to whom the peculiars wherein such benefice, perpetual towards excuracy or parochial chapelry is situate shall belong, (such consent purchase of to be signified in manner as in the said recited act is mentioned), to parsonage pay and apply the monies to arise by sale of any timber cut and glebe lands. sold from the glebe lands of such benefice, perpetual curacy or parochial chapelry, or from any other land, whether copyhold, holden under any manor of such benefice, perpetual curacy or parochial chapelry, or otherwise, the timber whereof belongs to such benefice,

with consent

apply money

sale of tim

change or

house or

55 G.3, c. 147, s. 16.

Barrister

perpetual curacy or parochial chapelry, either for equality of exchange, or towards and in part of equality of exchange, or for the price or purchase money, or towards and in part of the price or purchase money of any house, outbuildings, yards, gardens and appurtenances, or any lands, or any or either of them, by the said recited act authorized to be taken in exchange or to be purchased, and from and after such exchange or purchase to be annexed to and to be and become the parsonage and glebe house and glebe lands and premises of such benefice, perpetual curacy or parochial chapelry, as in the said recited act is mentioned.

II. And whereas it is by the said recited act enacted, that the bishop shall in cases of exchange and purchase under the said act issue a commission of inquiry for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a barrister of three years' standing at the least, to be named by the senior judge of nisi prius for the county in which the benefice, perpetual curacy or parochial chapelry, whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said act shall be situate; but inasmuch as the nomination of such barrister by a judge of nisi prius is not applicable to the county palatine of Chester nor to the principality of Wales; be it directed by therefore enacted, that where any exchange or purchase shall be to be named made or be proposed to be made under the authority of the said act of nisi prius in any benefice, perpetual curacy or parochial chapelry, situate to be named within the said county palatine of Chester, or within the said princiand Wales pality of Wales, such barrister shall be named by the chief justice by the chief for the time being of the said county palatine of Chester or by the justice, or, in case of his absence, the other justice of the great sessions for those counties within the said principality of Wales, within which said county palatine or respective counties of the said principality of Wales the said benefice, perpetual curacy or parochial chapelry, shall be situate.

recited act

by justices

in Chester

justice, &c.

there.

1 GEORGE 4, CAP. 6.-An act to amend and render more effectual an act, passed in the fifty-fifth year of his late majesty's reign, for enabling spiritual persons to exchange their parsonage houses or glebe lands, and for other purposes therein mentioned.-Whereas an act was 55G. 3,c.127. passed in the fifty-fifth year of the reign of his late majesty king George the third, intituled an act for enabling spiritual persons to exchange the parsonage or glebe 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: and whereas it is by the said recited act enacted, that the bishop shall, in cases of exchange and purchase under the said act, issue a commission of inquiry for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a barrister of three years' standing at the least, to be named by the senior judge of nisi prius for the county in which the benefice, perpetual curacy or parochial chapely whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said act shall be situate; but

Sec. 16.

named in

changes, &c.

inasmuch as the nomination of such barrister by a judge of nisi prius is not applicable to the county of Middlesex; be it therefore enacted Barristers by the king's most excellent majesty, by and with the advice and commisconsent of the lords spiritual and temporal, and commons, in this sions for expresent parliament assembled, and by the authority of the same, that in Middlesex where any exchange or purchase shall be made or be proposed to be named by chief justice made under the authority of the said act in any benefice, perpetual of K. B. or curacy or parochial chapelry, situate within the said county of Middlesex, such barrister shall be named by the chief justice of the court of king's bench for the time being, or by the chief justice of the court of common pleas at Westminster for the time being.

C. P.

II. And whereas it is by the said recited act enacted, that so much of the forms contained in the schedules of the said therein recited acts of the seventeenth and twenty-first years of his then (and now late) majesty king George the third, as were applicable to the provisions of that act, should, with such variations thereof as should render them so applicable, be used and applied to the purposes of that act; but inasmuch as the said forms contained in the said schedules are not adapted to the provisions of the said first recited act, and the endeavours so to apply the said forms have been attended with inconvenience; be it therefore further enacted by the 55G.3,c.147, s.20,repealed authority aforesaid, that so much of the said first recited act as directs that the forms contained in the schedules of the said acts of the seventeenth and twenty-first years of the reign of his said late majesty should be used and applied to the purposes of the said first recited act, shall be and the same is hereby repealed.

6 GEORGE 4, CAP. 8.—An act to amend and render more effectual an act passed in the fifty-fifth year of the reign of his late majesty, for enabling spiritual persons to exchange their parsonage houses or glebe lands; and for other purposes therein mentioned. Whereas an act was passed in the fifty-fifth year of the reign of his late majesty king 55 G.3, c.147. George the third, intituled an act for enabling spiritual persons to exchange the parsonage or glebe 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: and whereas it is by the said Sec. 16. recited act enacted, that the bishop shall, in cases of exchange and purchase under the said act, issue a commission of inquiry, for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a barrister of three years' standing at the least, to be named by the senior judge of nisi prius for the county in which the benefice, perpetual curacy or parochial chapelry, whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said act shall be situate; but inasmuch as the nomination of such barrister by a judge of nisi prius is not applicable to the counties palatine of Lancaster and Durham; be it therefore enacted by the king's most excellent majesty, by and Chief justice with the advice and consent of the lords spiritual and temporal, and county palacommons, in this present parliament assembled, and by the authority tine of Lanof the same, that where any exchange or purchase shall be made, Durham to

of C. P. for

caster or

act in cases or proposed to be made, under the authority of the said act, in any of exchange benefice, perpetual curacy or parochial chapelry, situate within the underrecited said counties palatine of Lancaster or Durham, such barrister shall be

or purchase

act.

Power to exchange

glebe lands

for others

extended to

named by the chief justice or senior judge for the time being of the court of common pleas for the said counties palatine respectively.

II. And whereas it is expedient that the incumbents of benefices, perpetual curacies and parochial chapelries, should be enabled to exchange the glebe lands belonging to their benefices, perpetual any number curacies, or parochial chapelries, to a greater amount than thirty of acres, sub- statute acres; be it therefore enacted, that from and after the passing ject to 55 G. 3, c. 147, and of this act, the power to exchange glebe lands for others of equal 56 G. 3, c.52. value, which is given to parsons, vicars and other incumbents by the above recited act passed in the fifty-fifth year of the reign of his late majesty, king George the third, be extended to any number of statute acres, but subject to all the provisions, conditions and restrictions contained in the above recited act, and also to those in another act passed in the fifty-sixth year of his late majesty's reign, intituled an act to amend and render more effectual an act passed in the last session of parliament, for enabling spiritual persons to exchange their parsonage houses or glebe lands, and for other purposes therein mentioned.

55 G. 3,c.147, s. 6.

for lands or

that are copyhold,

III. And whereas, by the said recited act of the fifty-fifth year of the reign of his late majesty king George the third, the powers of exchange thereby given are limited to such houses, outbuildings, yards, gardens and appurtenances and lands, to be accepted and taken in exchange by the spiritual persons therein named, as are of freehold tenure, or copyhold of inheritance, or for life or lives, holden of any manor belonging to the benefice in respect of which any such exchange is intended to be made: and whereas it may happen that such exchanges may sometimes be beneficially made where the lands or tenements so to be accepted and taken in exchange are copyhold of inheritance, holden of some manor not belonging to the benefice in respect of which such exchange is intended, and without injury Exchanges to the lord or lords, lady or ladies of such manor; be it therefore may be made enacted, that from and after the passing of this act it shall and may tenements be lawful for the parson, vicar or other incumbent for the time being of any ecclesiastical benefice, perpetual curacy or parochial chapelry, and not held to grant and convey, in the manner, and by and under the several belonging to powers, provisions, conditions and restrictions contained in the said the benefice, act, and in the said act of the fifty-sixth year of the reign of his said majesty, and in this act, to any such person or persons, or corporation, as in the said first mentioned act are described, any such lands or tenements as are described in the same act, belonging to his benefice, in lieu of and in exchange for any lands or tenements of the description mentioned in the said first mentioned act, as those which are thereby authorized to be accepted and taken in exchange by any such parson, vicar or other incumbent, although such last mentioned lands or tenements may be copyhold of inheritance holden of a manor not belonging to such ecclesiastical benefice, perwith consent petual curacy or parochial chapelry: provided always, that no such exchange be made without the consent of the lord of the manor of which the lands to be taken in exchange are holden: provided always, that from and immediately after such conveyance, the lands

of a manor

&c.;

of lord of

manor.

Lands, &c.

so taken by incumbent