freehold, him, copy or tenements accepted and taken in exchange by any such parson, to become vicar or other incumbent, shall become and be of freehold tenure, premises and the lands or tenements by him granted and conveyed, and which granted by before such conveyance belonged to his benefice, perpetual curacy or hold. parochial chapelry, shall become copyhold of the same manor, and subject to the same rents, fines, services, customs and manorial rights and properties, to all intents and purposes, as the lands or tenements so to be accepted and taken in exchange were subject to before the making of such exchange: provided always, that from Notice of and after the passing of this act, three calendar months' notice shall exchange, be sufficient for the purpose of any exchange or purchase, instead of six calendar months, as by the said act of the fifty-fifth year of the reign of his said late majesty is required. 7 GEORGE 4, CAP. 77, SEC. 33.-An act to extend to Charing Cross, the Strand, and places adjacent, the powers of an act for making a more convenient communication from Marylebone Park; and to enable the commissioners of his majesty's woods, forests and land revenues to grant leases of the site of Carlton palace. XXXIII. Whereas the vicar of the said parish of Saint Martin in the Fields is seized and possessed of eleven messuages or dwelling houses, with their appurtenances, situate, lying and being in Saint Martin's Lane, and the church-yard of and in the said parish of Saint Martin in the Fields aforesaid, belonging to the said vicarage, and part of the glebe thereof, ten of which said messuages or dwelling houses are subject to leases granted thereof by the said vicar or his predecessors for terms of forty years, commencing at different periods, renewable at the end of every fourteen years, under certain annual rents, amounting together to the sum of sixty pounds or thereabouts; and the other of the said messuages or dwelling houses is now in the occupation of the said vicar: and whereas the said several messuages or dwelling houses, with their appurtenances, are part of the premises described in the hereinbefore mentioned plan, and the same being required to carry into effect and complete the improvements herein before mentioned, the said commissioners for executing this act have agreed with the said vicar, by and with the consent and approbation of the lord bishop of London, for a conveyance to be made to the said commissioners of all the right, title and interest of the said vicar in and to the several messuages or dwelling houses and premises herein before mentioned, in exchange for a conveyance by the said commissioners on the part of his majesty, his heirs and successors, to the said vicar and his successors, of freehold messuages or dwelling houses, buildings and premises, belonging to the crown, situate within the cities of London or Westminster, the same being of equal rent and value; be it therefore Commissionenacted, that it shall and may be lawful for the said commissioners tract with for executing this act, and for the vicar of the said parish of Saint vicar of St. Martin in the Fields for the time being, to contract and agree for a Fields for conveyance to the said commissioners of all the right, title and in- conveyance terest of the said vicar in and to the said eleven several messuages messuages belonging to or dwelling houses, with the appurtenances, so vested in him as the said aforesaid, in exchange for a conveyance by the said commissioners, on the part of his majesty, his heirs or successors, to the said vicar ers may con Martin in the of certain vicarage, in exchange for messuages the crown. No lease to belonging to and his successors, of freehold messuages or dwelling houses and hereditaments belonging to the crown, situate and being in the said cities of London and Westminster, or one of them, of equal rent and value; and the said last mentioned messuages or dwelling houses and premises shall, when so conveyed as aforesaid, be held by the said vicar and his successors, to, for and upon, and under and subject to such and the same trusts, ends, intents and purposes, as the said several messuages or dwelling houses and hereditaments so to be conveyed by him to the said commissioners, in exchange as aforesaid, are now subject to; provided, that it shall not be lawful for by Vicar, of the said vicar and his successors at any time hereafter to grant any such messu- lease or leases of the said several messuages or dwelling houses and reserving a hereditaments so to be conveyed to the said vicar in exchange as rent equal to aforesaid, or any of them, without reserving to the said vicar and his successors for the time being for ever, such clear annual rent or rents as shall be equal to one moiety or half part at least of the gross yearly value of the premises to be comprised in and demised by such lease or leases; such rents or rent to be made payable to the vicar of the said parish and his successors during the whole term or time of the continuance of such lease or leases respectively. be granted ages, without half of lands in common fields may exchange the same. 4 & 5 WILLIAM 4, CAP. 30.—An act to facilitate the exchange of lands lying in common fields.—Whereas it is expedient to facilitate the exchange of pieces of land lying intermixed and dispersed in common fields, meadows, or pastures, for other pieces of land, either lying therein, or being part of the enclosed lands in the same or any adjoining parish: 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 Proprietors the authority of the same, that from and after the passing of this act it shall be lawful for any person who shall be seized or possessed of or entitled in possession to any land in any common field, as tenant in fee simple, or in fee tail, general or special, or for life or lives, or by the courtesy of England, or for any other estate of freehold, or for years determinable on any life or lives, or for any term of years whereof one hundred years shall be unexpired, and for the guardian, trustee, feoffee for charitable or other uses, husband, or committee of such person who at the time of making any exchange authorized by this act shall be an infant, idiot, lunatic, or feme covert, or under any other disability, by such deed and with such consent as hereinafter mentioned to grant and convey such land or any part thereof to any other person in lieu of and in exchange for any other land, whether lying in the same or any other common field, or for any enclosed land lying within the same or any adjoining parish, and to accept and take from such other person any land in lieu of and in exchange for the land in such common field. All persons enabled to give land in exchange for such II. And be it further enacted, that it shall be lawful for any person who shall be scized or possessed of or entitled in possession to any land which it may be desirable to exchange for the land in such common field common field, whether such person shall be tenant in fee simple, or in fee tail, general or special, or for life or lives, or by the courtesy of England, or for any other estate of freehold, or for years deter land. minable on any life or lives, or for any term of years whereof one hundred years shall be unexpired, and for the guardian, trustee, feoffee for charitable or other uses, husband, or committee of such person who shall be an infant, idiot, lunatic, or feme covert, or under any other disability, to consent and agree to such exchange, and to grant and convey such land to the person proposing to make such exchange in lieu of and in exchange for the land lying in such common field subject to the provisions hereinafter contained. any Land given in exchange by persons having limit ed interests value with lands taken. made by any person a limited disability, of the person be obtained. III. Provided always, and be it further enacted, that when such exchange shall be made by any person having a less estate or interest than in fee simple in the land to be by him granted or conveyed in exchange, or shall be made by any person under any to be of equal disability, the land to be so taken in exchange shall at the time of making such exchange be, or shall by the payment of a sufficient sum for equality of exchange be made, of equal value with or not of less value than the land to be granted or conveyed in exchange. IV. And be it further enacted, that whenever any exchange shall If exchange be proposed to be made under the authority of this act, and either of the parties thereto shall have a less estate or interest in the land having only to be by him granted or conveyed in exchange than a fee simple, or interest, or shall be under any disability, such exchange shall not be completed being under unless the person to whom the next immediate vested estate of free- the consent hold in remainder or reversion shall have been limited (provided next in resuch person shall be of the full age of twenty-one years, and being mainder to a female shall be unmarried), shall consent thereto, and shall testify such consent by signing the draft deed of exchange hereinafter mentioned, and such consent shall be sufficient for the purpose of authorizing such exchange notwithstanding the person giving the same may have an equitable estate only in the land intended to be conveyed in exchange, or may have previously disposed of or charged or incumbered his reversionary estate therein: provided always, that In case the if the person to whom such next immediate vested estate in remain- in remainder der or reversion may have been limited shall at the time of such should be au exchange happen to be an infant or feme covert, or an idiot or lunatic, then and in such case it shall be lawful for the guardian or husband or committee of such infant, feme covert, idiot, or lunatic (such guardian, husband, or committee not being himself the person by whom the exchange is proposed to be made) to consent to such exchange, and to sign the draft deed of exchange in his or her stead: provided further, that whenever the guardian or husband or committee of such infant, feme covert, idiot, or lunatic shall himself be the person by whom such exchange is proposed to be made, then and in such case it shall be lawful for the court of chancery, upon petition, to be preferred to the said court in a summary way, to appoint a person to act as protector to such infant, feme covert, idiot, or lunatic for the purposes of this act, and, if he shall think fit so to do, to consent to such exchange, and to sign the draft deed of exchange in the stead of such infant, feme covert, idiot, or lunatic, or of his or her guardian, husband, or committee. person next infant, &c. V. Provided always, and be it further enacted, that no exchange Consent of shall be made of any land held in right of any benefice, without the patron and bishop neconsent of the patron thereof, and of the archbishop or bishop to cessary for land held in right of a church. exchange of whose ordinary or peculiar jurisdiction the said benefice may be subject, such consent to be signified by the patron and archbishop or bishop respectively signing the draft deed of exchange hereinafter mentioned; and such consent, when so given and signified, shall be a sufficient authority for such exchange, any law or statute to the contrary notwithstanding: provided always, that if the patronage of such benefice shall happen to be in the crown, and the benefice shall exceed the yearly value of twenty pounds in the king's books, it shall be lawful for the lord high treasurer or the first lord commissioner of the treasury for the time being, but if it shall not exceed the yearly value of twenty pounds in the king's books, then for the lord high chancellor, lord keeper or lords commissioners of the great seal, for the time being, to consent to such exchange and to sign the draft deed of exchange on behalf of the crown; and if the patronage of such benefice shall happen to be in the crown in right of the duchy of Lancaster it shall be lawful for the chancellor for the time being of the said duchy to consent to such exchange and to sign the draft deed of exchange on behalf of the crown; and if the patronage of such benefice shall be part of the possessions of the duchy of Cornwall it shall be lawful for the duke of Cornwall for the time being, if of full age, but if not of full age, or in case such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, then for the same person who is herein before authorized to consent on behalf of the crown in respect of a benefice in the patronage of the crown, to consent to such exchange and to sign the draft deed of exchange on behalf either of the duke of Cornwall, or, as the case may be, on behalf of the crown in right of the duchy of Cornwall; and if the patron of such benefice shall happen to be a minor, idiot, lunatic, or feme covert, it shall and may be lawful for the guardian, committee, or husband of such patron to consent to such exchange and to sign the draft deed of exchange in the stead of such patron, and on his or her behalf. Draft deed of exchange ecclesiastical person or consenting. VI. Provided always, and be it further enacted, that no exchange to be signed shall be made under the authority of this act by any bishop, dean, or sealed by, or other head of a chapter, archdeacon, prebendary, or other ecclesiastical corporation sole, unless, in the case of a bishop, with the corporation consent of the archbishop of the province, to be signified by such archbishop signing the draft deed of exchange hereinafter mentioned, or unless, in the case of a dean or other head of a chapter, with the consent of the chapter, to be signified by their affixing their common seal to the said draft deed of exchange, or unless, in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, with the consent of the archbishop or bishop of the diocese, to be signified by such archbishop or bishop signing the said draft deed of exchange. VII. And be it further enacted, that every exchange under the authority of this act shall be made according to the form in the given in the schedule to this act annexed, or as near thereto as the number of parties and the circumstances of the case will admit, and shall, when executed by the respective parties, be valid and effectual in the law to all intents and purposes, without livery of seizin made or taken, or any other act done, by any person or party to perfect or complete the same. Exchange to be made in the form schedule. be entered VIII. Provided always, and be it further enacted, that whenever In case of copyholds, any land held by copy of court roll shall be exchanged under the the deed of authority of this act, the deed of exchange, when executed by the exchange to respective parties, shall be produced to the lord of the manor of which the land may be parcel, or to his steward, or to the deputy of rolls. such steward, who shall cause the same to be entered on the court rolls of the manor. on the court stewards. IX. And be it further enacted, that the fees and charges to be Fees to demanded by and paid to any steward of a manor for entering on the court rolls of such manor any deed of exchange or other instrument required by this act to be entered thereon shall not exceed the sum of sixpence for every law folio of seventy-two words contained in such deed or other instrument. church lands the proper registry. X. And be it further enacted, that whenever any exchange shall In case of be made under the authority of this act by any archbishop, bishop, deed to be dean or other head of a chapter, dean or other head of a chapter entered in and chapter, archdeacon, prebendary, or other ecclesiastical corpo- ecclesiastical ration, or by the incumbent of any benefice, the deed of exchange, when executed by the respective parties shall, in the case of the exchange being made by an archbishop or bishop, be entered in his own registry, and in the case of the exchange being made by a dean or other head of a chapter, or by a dean or other head of a chapter and chapter, be entered in the registry of such chapter, and in the case of the exchange being made by an archdeacon, prebendary, or other ecclesiastical corporation, or by the incumbent of a benefice, be entered in the registry of the bishop of the diocese. of instru registry to XI. And be it further enacted, that an office copy of any deed of Office copies exchange or other instrument which under the provisions of this act ments deposhall be entered on any such registry as aforesaid (such office copy sited in the being certified by the registrar or his deputy) shall be allowed as be evidence. evidence thereof in all courts and places, and every person shall be entitled to require any such office copy, and shall also be allowed at all usual and proper times to search for and inspect any deed of exchange or other instrument which shall be so entered; and the registrar shall be entitled to charge for the entry of every such deed of exchange or other instrument after the rate of sixpence for every law folio of seventy-two words contained therein, and the sum of one shilling, and no more, for allowing any such search or inspection as aforesaid, and after the rate of sixpence for every law folio of seventytwo words in any office copy to be made and certified as aforesaid. XII. And be it further enacted, that before any exchange shall Draft of inbe made under the authority of this act a draft of the intended deed change to be of exchange, containing a correct description of the several lands deposited proposed to be exchanged, and signed by the respective parties, clerk of the and also by the several persons whose consent to such exchange is peace, and hereinbefore required to be given, and accompanied by an estimate of inserted of the value as well of the land proposed to be given as of the land in some proposed to be taken in exchange, and whenever the exchange shall circulating be proposed to be made by or with any person under disability, then accompanied also by a copy of the several limitations contained in the deed or will under which such person may be entitled, shall be deposited with the clerk of the peace of the county in which the tended ex with the notice there newspaper in the county |