of certain

c. 37.

VII. And be it declared and enacted, that in the construction of Construction the said recited act the words "Goods and chattels" shall be con- terms in strued to extend to and comprehend all personal estate and property 6 & 7 Vict. whatsoever; and the word "Testament" shall be construed to extend to and comprehend any will or testamentary paper whatsoever, including under such definition the execution by any such will, testament, or testamentary paper of any appointment, in pursuance of any power, howsoever conferred or acquired.

Original map

or plan may

VIII. And be it declared and enacted, that, notwithstanding any thing in the said recited act contained, it shall be lawful to transmit be registered the original map or plan annexed to any scheme laid before her majesty in council under the provisions of the said recited act, to be registered in the registry of the diocese, instead of a copy thereof, as provided by the same act.

districts may

ed time.

IX. And be it declared and enacted, that it shall be lawful, by Bounds of the authority in the said recited act provided, at any time or times be varied within twelve months after the date of the licence of the minister within limitfirst licensed to any separate district constituted under the provisions of the same act, to alter the bounds of such district, although any alteration be not required with a view to the constituting of another separate district provided always, that the scheme for making any such alteration shall be subject to all the provisions in the same act and in this act contained relating to schemes for constituting separate districts thereunder; and that any portion of any such separate district which by any such alteration as aforesaid shall become detached or excluded therefrom shall to all intents and purposes again belong to and form part of the parish, chapelry, or district, out of which such portion was taken, upon such separate district being originally constituted, or to and of any new district, as shall be determined by the like authority.

X. And be it declared and enacted, that in the case of any district constituted under the provisions of the said recited act nothing contained in the scheme or order for constituting the same shall in any manner whatever affect any parish, chapelry, or district, as to the pastoral superintendence of the inhabitants thereof or otherwise, until a minister shall have been duly licensed to such newly constituted district.

Until minis

ter licensed,

cure of souls

not affected,

grant or con

XI. And be it enacted, that any grant, conveyance, or assurance Form of which shall be made to the said commissioners by deed, under the au- veyance. thority of the said recited act, of any lands, tithes, tenements or other hereditaments, may be made according to the form in the schedule hereunto annexed contained, or as near thereto as the circumstances of the case will admit; and every such conveyance and assurance shall be valid and effectual in the law to all intents and purposes. XII. And be it enacted, that this act may be amended or repealed Act may be by any act to be passed during this present session of parliament.

SCHEDULE.

I [or We, or the corporate title, if a corporation], under the authority of acts passed in the sessions of parliament held in the sixth and seventh and seventh and eighth years of the reign of her present

altered this session.

3 & 4 Vict. c. 113.

majesty, intituled respectively, an act to make better provision for the spiritual care of populous parishes, and an act to explain and amend an act to make better provision for the spiritual care of populous parishes, do by these presents freely and voluntarily, and without any valuable consideration, give, grant, convey, and assure to the ecclesiastical commissioners for England, all [describe the premises to be conveyed], and all [my, or our, or the] right, title, and interest [of, if a corporation], to and in the same and every part thereof, to hold to the said commissioners and their successors for the purpose of [describe the particular purpose, being some purpose within the provisions of the said acts, or say, generally, for the purposes of the said acts.] In witness whereof, &c.

9 & 10 VICTORIA, CAP. 88.-An act to remove doubts as to the legality of certain assignments of ecclesiastical patronage.-Whereas by an act passed in the fourth year of the reign of her majesty, intituled an act to carry into effect, with certain modifications, the fourth report of the commissioners of ecclesiastical duties and revenues, it is enacted, "that it shall not be lawful for any spiritual person to sell or assign any patronage or presentation belonging to him by virtue of any dignity or spiritual office held by him, and that every such sale or assignment shall be null and void to all intents and purposes;" and doubts have been entertained whether or not certain agreements and proceedings authorized under the several acts for the augmentation of the maintenance of the poor clergy, or under the church building acts, are to be deemed sales or assignments prohibited by the first recited act; and it is expedient that such doubts be removed: be it declared and enacted by the queen'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 Proceedings of the same, that no agreement or other proceeding touching any advowson or patronage, or right of presentation or nomination of any spiritual person to any cure or benefice, donative, or perpetual curacy, building acts or to serve any church or chapel authorized by an act passed in the to be deemed first year of the reign of king George the first, intituled an act for 1 G. 1, st. 2, making more effectual her late majesty's gracious intentions for aug8 & 9 Vict. menting the maintenance of the poor clergy, or by any act passed for the amendment thereof, or by an act passed in the last session of parliament, intituled an act for the further amendment of the church building acts, or by any act recited therein, is or shall be deemed a sale or assignment such as is prohibited by the first recited act; but that every such agreement or proceeding already or hereafter to be duly made and taken under the provisions of any of the said acts is and shall be deemed to have been from the time of the making thereof as good in law to all intents and purposes as if the first recited act had not been passed.

under the augmenta

tion acts

and church

lawful.

c. 10.

c. 70.

Act may be

II. And be it enacted, that this act may be amended or repealed amended,&c. by any act to be passed in this session of parliament.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1846,

ECCLESIASTICAL CORPORATIONS.

cal corpora

to grant

leases under

5 & 6 VICTORIA, CAP. 108.-An act for enabling ecclesiastical corporations, aggregate and sole, to grant leases for long terms of years.— Whereas it would be advantageous to the estates of ecclesiastical corporations, aggregate and sole, and for the interests of the church, if such corporations were empowered to grant leases for long terms of years, under proper reservations and restrictions: may it therefore please your majesty that it may be enacted; and be it enacted by the queen'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 be lawful for any ecclesiastical corporation, aggregate or Ecclesiastisole, except any college or corporation of vicars choral, priest vicars, tions, aggresenior vicars, custos and vicars, or minor canons, and except also gate or sole, (with certain any ecclesiastical hospital, or the master thereof, from time to time exceptions), after the passing of this act, with such consent and under such empowered restrictions as are hereinafter mentioned, by any deed duly executed, building to lease all or any part of the lands or houses of or belonging to certain resuch corporation in his or their corporate capacity (except as herein- strictions. after is mentioned), and whether such lands or houses may or may not have been previously leased under the provisions of this act, for any term or number of years not exceeding ninety-nine years, to take effect in possession, and not in reversion or by way of future interest, to any person who may be willing to improve or repair the present or any future houses thereon, or any of them, or to erect other houses instead thereof, or to erect any houses or other buildings on any lands whereon no building shall be standing, or who shall be willing to annex any part of the same lands to buildings erected or to be erected on the said lands or any part thereof, or otherwise to improve the said premises or any part thereof; and with or without liberty for the lessee to take down any buildings which may be upon the lands in such leases respectively to be comprised, and to dispose of the materials thereof to such uses and purposes as shall be agreed upon; and with or without liberty for the lessee to set out and allot any part of the respective premises to be comprised in any such lease as and for ways, passages, sewers, drains, wells, reservoirs, yards, or otherwise, for the use and convenience of the respective lessees, tenants, or occupiers of the premises, or for the general improvement of the premises; and also with or without liberty for the lessee to dig, take, and carry away and dispose of such earth, clay, sand, loam, or gravel as it shall be found convenient to remove for effecting any of the purposes aforesaid; so as there be reserved by every such lease the best yearly rent that can be reasonably obtained for the premises therein comprised, payable half-yearly or oftener; and so as every such lease be made without taking any fine, premium, or foregift, or any thing in the nature thereof, for or in respect of the making the same;

and so as in every such lease made for the purpose of having buildings erected there shall be contained a covenant on the part of the lessee to build, complete, and finish the houses which may be agreed to be erected on the premises, if not then already done, within a time or times to be specified for that purpose, and to keep in repair during the term such houses; and so as in every such lease made for the purpose of having buildings repaired or rebuilt there shall be contained a covenant on the part of the lessee or lessees substantially to rebuild or repair the same within a time or times to be specified for that purpose, and to keep in repair during the term the houses agreed to be rebuilt and repaired; and so as in every such lease, whether for the purpose of having buildings erected or otherwise, there be contained on the part of the lessee a covenant for the due payment of the rent to be thereby reserved, and of all taxes, charges, rates, assessments, and impositions whatsoever affecting the same premises, and also a covenant for keeping the houses erected and to be erected on the premises to be therein comprised (except any works or manufactories which may not be insurable) insured from damage by fire, to the amount of four-fifths at least of the value thereof, in some or one of the public offices of insurance in London, Westminster, Norwich, Bristol, Exeter, Newcastle-on-Tyne, York, or Liverpool, or of the Kent fire insurance company, (the particular office of insurance being named in the lease), and to lay out the money to be received by virtue of such insurance, and also all such other sums as shall be necessary, in rebuilding, repairing, and reinstating such houses as shall be destroyed or damaged by fire, and also to surrender the possession of and leave in repair the houses erected and to be erected or rebuilt or repaired on the premises therein comprised on the expiration or other sooner determination of the term to be thereby granted, and within twenty-one days after any assignment of such lease shall be made to deliver a copy of such assignment to the lessor or reversioner for the time being; and so as in every such lease there be contained a power for the lessor or reversioner for the time being, and his or their surveyors and agents, to enter upon the premises, and inspect the condition thereof, and also a proviso or condition of re-entry for non-payment of the rent or rents to be thereby reserved, or for non-performance of any of the covenants, provisoes, and conditions to be therein contained, on the part of the lessee, his executors, administrators, or assigns, and with or without a proviso that no breach of any of the covenants, provisoes, and conditions to be therein contained (except the covenant for payment of the rent, and other such covenants, provisoes, or conditions, if any, as may be agreed between the parties to be so excepted), shall occasion any forfeiture of such lease, or of the term thereby granted, or give any right of re-entry, unless or until judgment shall have been obtained in an action for such breach of covenant, nor unless the damages and costs to be recovered in such action shall have remained unpaid for the space of three calendar months after judgment shall have been obtained in such action; and every such lease may also contain any other covenants, provisoes, conditions, agreements, and restrictions which shall appear reasonable to the lessor

for the time being, and the person or persons whose consent is hereby declared to be essential to the validity of such lease, and particularly any provision for apportioning the rent to be reserved by any lease made under this power, and for exonerating any part of the lands or houses to be comprised in any such lease from the payment of any specified portion of the whole rent to be thereby reserved; and so that the respective lessees execute counterparts of their respective leases.

reserve

II. And be it enacted, that on every or any building or repairing Power to lease to be granted under the authority of this act it shall be lawful increased for the corporation granting such lease to reserve a small rent, rent. during the six first years of the term thereby created, or during any of such six first years to be specified in that behalf in such lease, and to reserve, in addition to the rent to be so reserved, an increased rent or increased rents, to become payable after the expiration of such six first years, or after any of such six years to be specified in that behalf in such lease (as the case may be), or otherwise to make any such increased rent or rents first payable at any time not exceeding six years after the commencement of the term created by such lease when a stipulated progress shall have been made in the buildings, rebuildings, or reparations in respect of the erection, construction, or reparation of which the same lease shall have been granted.

for streets,

III. And be it enacted, that it shall be lawful for any corpora- Land may be tion hereby empowered to grant leases as aforesaid, with such appropriated consent as is hereby declared to be requisite to the validity of any yards, &c. lease to be granted by such corporation under the provisions of this act, to lay out and appropriate any part or parts of the lands and grounds which such corporation shall be empowered or authorized to lease on building or repairing leases, under the provisions of this act, as and for a way or ways, yard or yards, garden or gardens, to the buildings erected or to be erected on any of the same lands or grounds, or on any of the adjoining lands or grounds so to be leased as aforesaid, or for yards or places necessary or convenient for carrying on any manufacture or trade, and also to appropriate any part of the same lands and grounds as and for ways, streets, squares, avenues, passages, sewers, or otherwise, for the general improvement of the estate, and the accommodation of the lessees, tenants, and occupiers thereof, in such manner as shall be mentioned and agreed upon in any lease to be granted as aforesaid, or in any general deed to be executed for that purpose (such general deed, if any, to be duly executed by the corporation hereby authorized to make such deed, and to be made with such consent as last aforesaid, and to be enrolled in one of her majesty's courts of record at Westminster within six calendar months from the date of such deed), and also by such lease or general deed to give such privileges and other easements as the corporation herein before authorized to grant such lease or make such deed shall, with such consent as aforesaid, deem reasonable or convenient.

IV. And be it enacted, that it shall be lawful for any ecclesias- Ecclesiastitical corporation, aggregate or sole, except as aforesaid, from time cal corporatime after the passing of this act, with such consent and under such lease run

tions may