Writ of ad quod dam num. Proviso. Proviso. house, outbuildings, yards, gardens and glebe lands, pastures, feedings, or rights of common or way, or any part or parts thereof, belonging to any such benefice, perpetual curacy or parochial chapelry, in lieu of and in exchange for any house, outbuildings, yards, gardens and appurtenances, and any lands, or any or either of them, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry or not, but so as that the same be situate conveniently for actual residence or occupation by the incumbent thereof, the same also being of greater value or more conveniently situated than the premises so to be given in exchange, and being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and also for the parson, vicar or incumbent for the time being of the same benefice, perpetual curacy or parochial chapelry, by the same or a like deed, and with the like consent, and testified as aforesaid, to accept and take in exchange to him and his successors for ever, from any person or persons, or corporation sole or aggregate, any other house, outbuildings, yards, gardens, easements and appurtenances, and any other lands, or any or either of such house, outbuildings, yards, gardens, lands, easements and appurtenances, the same respectively being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and being of greater value or more conveniently situated, in lieu of and in exchange for such parsonage or glebe house, outbuildings, yards, gardens, glebe lands and appurtenances, and such pastures, feedings and rights of common or way, or any or either of them, so to be granted and conveyed, and which said house, outbuildings, yards, gardens, lands and appurtenances so to be accepted and taken in exchange, by any parson, vicar or other incumbent, shall for ever, from and after such grant and conveyance thereof, be the parsonage and glebe house and glebe lands and premises of the said benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and shall become annexed to the said benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by such incumbent and his successors accordingly, without any licence or writ of ad quod damnum; and that the whole, or any part or parts of the said house, outbuildings, lands and premises so to be annexed, which before such annexation were of copyhold tenure, shall for ever, from and after such annexation, become and be of freehold tenure, the statute of mortmain, or any other statute or law to the contrary notwithstanding: provided always, that nothing in this act contained shall extend, or be construed to authorize the granting or conveying in exchange by any parson, vicar or other incumbent, either at one and the same time, and by one and the same incumbent, or at different times, and by several incumbents, and in several portions, any greater quantity in the whole than thirty statute acres of the glebe lands of any benefice, perpetual curacy or parochial chapelry: provided also, that in all cases when such exchange shall be made by any owner or owners having any less estate or interest than in fee-simple of or in the messuage, buildings, lands and premises so to be by him, her or them granted or conveyed in exchange, or being any corporation aggregate or sole, or person or persons under any legal disability, the parsonage house, outbuildings and glebe lands respectively to be so taken in exchange as aforesaid, shall at the time of making such exchange be of equal value with, or not of less value than the said messuage, buildings, lands and premises respectively so to be granted and conveyed in exchange to such parson, vicar or other incumbent. same tithes, change (ex tain cases.) II. Provided always, that in all cases where the lands or any Premises given in part or parts thereof to be conveyed in exchange to any parson, exchange vicar or incumbent, and to be annexed as glebe to any benefice, subject to perpetual curacy or parochial chapelry, under the authority of this &c. as those act, shall either separately or jointly with other lands or tenements taken in exbe, at the time of such conveyance by any means whatsoever, ex- cept in cerempt or discharged from the render of tithes in kind, or subject to or covered by any modus, composition real or prescription in lieu of tithes in kind, then the lands or premises to be conveyed in exchange by such parson, vicar or incumbent, and which before such exchange were glebe of or belonging to the same benefice, perpetual curacy or parochial chapelry, shall (unless it be agreed between the parties to such exchange that the same shall become and be subject to the render or payment of tithes in kind) from and immediately after such conveyance in exchange (in case such first mentioned lands are situate in the same parish, vicarage or parochial chapelry, with the said lands or premises before glebe thereof, or belonging thereto, but not otherwise) become and be either exempt or discharged from tithes in kind, in like manner with or (as the case may be) subject to or covered by the same modus, composition real or prescription in lieu of tithes in kind, as the lands so to be conveyed in exchange to the said parson, vicar or incumbent, were exempt or discharged from, or subject to or covered by, before such exchange was made. change in III. Provided also, and be it further enacted, that no incumbent After exof any benefice, perpetual curacy or parochial chapelry, wherein or cumbent not in respect whereof any such exchange as is authorized by this act evicted. shall have taken place, or his successors, shall at any time thereafter be evicted or ejected from the peaceable and quiet possession and enjoyment of the house, outbuildings, lands and premises, or any of them, which shall have been granted and conveyed in exchange to such incumbent, according to the provisions of this act, by or by reason or in consequence of any person or persons, or corporation sole or aggregate, claiming right thereto, through any title prior to that of or through any defect of title of the person or persons, or corporation sole or aggregate, granting or conveying the same in exchange; but nevertheless that it shall and may be lawful for such person or persons, or corporation, claiming such right, and he, she or they is and are hereby authorized and empowered to have, use, exercise and enjoy all such and the same powers and remedies in trying his, her or their right to and in obtaining and recovering possession of any house, outbuildings, land and premises, or any of them, which shall have been granted in exchange by any such incumbent, as the person or persons, or corporation sole or aggregate, so claiming would, in case this act had not been made, have been Power to annex premises heretofore grantable and demisa ble as copy hold or otherwise. enabled to use, exercise and enjoy in trying the right to and in recovering and obtaining possession of the house, outbuildings, lands and premises, or any of them, in exchange for which the same shall have been so granted and conveyed by any such incumbent, under the authority of this act. IV. And be it further enacted, that, from and after the passing of belonging to this act, it shall and may be lawful to and for the parson, vicar or manors, and other incumbent of any ecclesiastical benefice, perpetual curacy or parochial chapelry, of or to which benefice, perpetual curacy or parochial chapelry, any manor or lordship is parcel or appurtenant, and as parcel of or belonging to which manor or lordship any lands or tenements are or have been usually granted or demised, or grantable or demisable by copy of court roll, or otherwise, for any life or lives, or for any term or number of years absolutely or determinable on any life or lives, by deed indented (and to be registered as hereinafter mentioned) with the consent of the patron and bishop (to be testified as hereinafter mentioned) to annex to the said benefice, perpetual curacy or parochial chapelry, as and for glebe land, or parsonage or glebe house or houses and buildings thereof, all or any part or parts of such lands or tenements, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry, or not, and that from and after such annexation the said lands and tenements so annexed shall cease to be thereafter grantable or demisable by any incumbent of the said beneficc, perpetual curacy or parochial chapelry, (otherwise than as glebe lands are or shall be by law grantable or demisable) but shall from thenceforth be and become, and be deemed and taken to be the glebe lands and parsonage or glebe house or houses of and annexed to such benefice, perpetual curacy or parochial chapelry, for ever, to all intents and purposes whatsoever, without any licence or writ of ad quod damnum; the statute of mortmain, or any other statute or Such annex- law to the contrary notwithstanding: provided always, that no such annul exist- annexation shall in anywise annul, determine or affect any grant or ing grants or demise then previously made and actually existing of the said lands and tenements so to be annexed as last aforesaid. ations not to demises. nex parson faction. V. And whereas it is expedient to enlarge and amend the laws now in being for providing parsonage houses with suitable outbuildings and other accommodations for the residence of the clergy, by Power to an- way of benefaction; be it further enacted, that where there shall be age houses, no existing parsonage or glebe house on any ecclesiastical benefice, &c. by bene- perpetual curacy or parochial chapelry, or where the existing parsonage or glebe house, or the outbuildings thereof, on any such benefice, perpetual curacy or parochial chapelry, shall be inconvenient or too small or incommodiously situate, it shall be lawful from and after the passing of this act for any person or persons, being owners in fee-simple, or for any corporation sole or aggregate, with or without confirmation, as the case may require, and by and with such consent, and to be signified as hereinafter mentioned of the incumbent, patron and bishop, to give, grant and convey, by deed indented, and to be registered as hereinafter is mentioned to any parson, or other incumbent of such benefice, curacy or chapelry, for the time being, who shall also have power to accept the same, any vicar Writ of ad quod dam messuage, outbuildings, yard, garden, orchard and croft, or any of them, with their appurtenances, or any right of way, or other easement, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry or not, but so as that the same be conveniently situate for actual residence or occupation by the incumbent thereof; and which messuage, outbuildings, yard, garden, orchard and croft, with their appurtenances or right of way, or other easement, shall for ever from and after such grant and conveyance thereof be and become annexed to and be deemed and taken to be the parsonage or glebe house, outbuildings, yard, garden, orchard, croft, appurtenances and right of way, or other easement of the said benefice, curacy or chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by the said incumbent and his successors accordingly, without any licence or writ of ad quod damnum; the statute of mortmain, or any other statute or law to num. the contrary notwithstanding; and from and after such grant and annexation it shall be lawful for the incumbent for the time being of the said benefice, curacy or chapelry, to which such grant and annexation shall have been made, (with the consent in writing of such patron and bishop under their hands and seals to be duly registered as hereinafter is mentioned), to take down and remove any parsonage or glebe house, and outbuildings, or any part thereof, which before such annexation belonged to the said benefice, curacy or chapelry (if the same or part thereof cannot be better applied to the permanent advantage of such benefice, curacy or chapelry), and with the like consent as aforesaid, to apply the materials, or the produce thereof, if sold, towards some lasting improvement of the said benefice, curacy or chapelry: provided always, that nothing Proviso. herein contained shall extend to enable any persons being infants or lunatics, or femes covert without their husbands, to make any such gift, grant or conveyance; any thing in this act contained to the contrary in any wise notwithstanding. VI. And whereas an act was passed in the seventeenth year of 17 G.3, c. 53. the reign of his present majesty, intituled an act to promote the residence of the parochial clergy, by making provision for the more speedy and effectual building, rebuilding, repairing or purchasing houses, and other necessary buildings and tenements, for the use of their benefices: and whereas one other act was passed in the twenty-first year 21 G. 3, c.66. of the reign of his present majesty, intituled an act to explain and amend an act made in the seventeenth year of the reign of his present majesty, intituled an act to promote the residence of the parochial clergy, by making provision for the more speedy and effectual building, rebuilding, repairing or purchasing houses, and other necessary buildings and tenements, for the use of their benefices: and whereas there are many ecclesiastical benefices, perpetual curacies and parochial chapelries to which no glebe land, or only a small portion of glebe land is belonging; and it is therefore expedient to enable the making provision by purchase, for the annexation of glebe land to such benefices, perpetual curacies and parochial chapelries; be it therefore farther enacted, that, from and after the passing of this act, it shall Power to be lawful for the parson, vicar or other incumbent for the time being, and, of any ecclesiastical benefice, perpetual curacy or parochial chapelry, purchase the existing glebe whereof shall not exceed five statute acres, with the consent of the patron and bishop, to be signified as hereinafter mentioned, to purchase any lands not exceeding in the whole twenty statute acres, with the necessary outbuildings thereon, whether being within the local limits of the said benefice, perpetual curacy or parochial chapelry, or not, but so as that the same be situate conveniently for building a parsonage or a glebe house, and outbuildings, and for gardens and glebe thereof, or for any of the said purposes, and for actual residence and occupation by the incumbent thereof, such land being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor or lordship belonging to the same benefice, perpetual curacy or parochial chato be annex- pelry; and which lands so purchased shall for ever, from and after fices as glebe the grant and conveyance thereof, be and become annexed to and land thereof. glebe of such benefice, perpetual curacy or parochial chapelry, to all ed to bene Copyhold land so purchased holden as freehold; and by mortgage of tithes, &c. for such pur chase, 17 G. 3, c. 53. ing two years intents and purposes whatsoever, and be holden and enjoyed by such incumbent, and his successors accordingly, without any licence or writ of ad quod damnum; and the whole or any part or parts of the said lands, which before such annexation were or was of copyhold tenure, shall for ever, from and after such annexation, become and be of freehold tenure; the statute of mortmain or any other statute or law to the contrary notwithstanding. VII And, for the better effectuating such purchases as aforesaid, be it further enacted, that it shall be lawful for such parson, vicar to raise sum or other incumbent for the time being, with the consent of the patron and bishop (to be signified as hereinafter is mentioned), to borrow and take up at interest (over and besides the monies authorized to be borrowed under the authority and for the purposes of the said recited act of the seventeenth year of the reign of his present majesty) such sum or sums of money as shall be certified by a valuation upon oath of some skilful and experienced surveyor to be the true and just value of the said lands at the time of the purchase not exceed thereof, not exceeding two years' clear income and produce of such net income. benefice, perpetual curacy or parochial chapelry, after deducting all taxes and other outgoings whatever, except the salary to the assistant curate (if any); and as a security for repayment of the money so to be borrowed, to mortgage the tithes, rents and other profits and emoluments of or belonging to such benefice, perpetual curacy or parochial chapelry, to any person or persons who shall advance such money by one or more deed or deeds (to be registered as hereinafter mentioned) for the term of twenty-five years, or until the principal money so to be borrowed, with interest for the same, and all costs and charges attending the recovery thereof, shall be fully paid off and satisfied; which mortgage deed or deeds shall bind, as well such parson, vicar or other incumbent of such benefice, perpetual curacy or parochial chapelry, executing such mortgage or mortgages, as also his successors, and a counterpart thereof shall be executed by the mortgagee or mortgagees, and be kept by the incumbent; and the parson, vicar or incumbent for the time being of such benefice, perpetual curacy or parochial chapelry, shall and he is hereby required to pay or cause to be paid to the mortgagee or mortgagees yearly and every year, as the same shall become due, or within one |