month afterwards, as well the interest of the principal money secured by such mortgage or mortgages, as also the further sum of five pounds per centum per annum of the principal money originally advanced on such mortgage or mortgages; and that every incumbent who shall not reside twenty weeks in every year upon such benefice, perpetual curacy or parochial chapelry, computing each year from the date of the first or only mortgage deed, shall and he is hereby required, instead of the said sum of five pounds per centum per annum, to pay within the period aforesaid the sum of ten pounds per centum per annum of the principal money originally advanced on such mortgage or mortgages, until the whole of such principal money, with the interest, costs and charges shall be fully paid off and discharged; and that every such incumbent who shall pay only five pounds per centum per annum of such principal money shall, at the time of payment thereof, produce and deliver to the mortgagee a certificate under the hands of two rectors, vicars or other officiating ministers of some parishes near adjoining, signifying that he had resided twenty weeks upon the said benefice, perpetual curacy or parochial chapelry, within the year for which such payment became due; and in default of payment of the principal, interest, costs and charges in manner aforesaid, the bishop shall have power to sequester the profits of such benefice, perpetual curacy or parochial chapelry, until such payment shall be made; and if at any time or times the said principal and interest, or any part thereof, shall be in arrear and unpaid for the space of forty days next after the yearly day of payment whereon the same shall have become due, it shall be lawful for the mortgagee or mortgagees, and his, her or their executors, administrators or assigns, to recover the same, or such part thereof as shall be so unpaid, and the costs and charges attending such recovery, by distress and sale, in such manner as landlords are or shall be by law authorized to recover rents in arrear; and in order that the payment of the same principal and interest may, in cases of avoidance by death or otherwise, be justly and equitably ascertained and adjusted between the parson, vicar or incumbent avoiding such benefice, perpetual curacy or parochial chapelry, or his representatives, and his successor, in such proportions as the profits of such benefice, perpetual curacy or parochial chapelry, shall have been received by them respectively for the year in which such death or avoidance shall happen, such payment shall in case any difference shall arise in settling the proportions thereof, be ascertained and determined by two indifferent persons, the one to be named by the person making such avoidance, or his representatives in case of his death, and the other by the said successor; and in case such nominees shall not be appointed within the space of two calendar months next after such death or avoidance, or in case they shall not agree in settling such proportions within the space of one calendar month after they shall have been appointed, the same shall be determined by some neighbouring clergyman to be nominated by the bishop, whose determination shall be final and conclusive between the parties.

VIII. And be it further enacted, that, for promoting the purposes Governors of of this act, it shall and may be lawful for the governors of the queen Anne's

bounty empowered to fend money.

Colleges may lend with or

terest.

bounty of queen Anne for the augmentation of the maintenance of the poor clergy, from and out of the monies which have arisen or shall from time to time arise from that bounty, to advance and lend, in respect of each benefice, perpetual curacy or parochial chapelry, the clear annual improved value whereof shall not exceed the sum of fifty pounds, any sum not exceeding the sum of one hundred pounds, without interest, but for repayment of the principal whereof such mortgage as is hereinbefore mentioned shall be executed; and also to advance or lend, for or in respect of each benefice, perpetual curacy or parochial chapelry, the clear annual improved value whereof shall exceed the sum of fifty pounds, any sum not exceeding two years yearly income of such benefice upon such mortgage as aforesaid, and to receive interest for the same at any rate not exceeding four pounds per centum per annum.

IX. And be it further enacted, that it shall and may be lawful for without in any college or hall within the universities of Oxford or Cambridge, or for any other corporate bodies, being owners of the patronage of ecclesiastical livings or benefices, to advance and lend any sum or sums of money of which they have the power to dispose, for the convenience of the parson, vicar or other incumbent for the time being of any benefice, perpetual curacy or parochial chapelry within the patronage of such college or hall, upon mortgage as hereinbefore directed, either upon interest or without any interest.

Consent of patron and

X. Provided always, and be it further enacted, that when any bishop to all parson, vicar or other incumbent as aforesaid, shall be desirous of deeds of ex- effecting any exchange, purchase or mortgage under the provisions mortgage or of this act, the consent of the patron and bishop to every deed of

change,

purchase.

exchange, conveyance or mortgage shall, before the same shall be signed and sealed by the parson, vicar or other incumbent, be signified by the said patron and bishop respectively, being made parties to, and signing and sealing the said deed in the presence of two or more credible persons, who shall by indorsement thereon attest such signing and sealing, and in which attestation it shall be expressed that the same deed was so signed and sealed by such patron and bishop before the execution thereof by such parson, vicar or other incumbent.

XI. And whereas there are within divers dioceses certain exempt jurisdictions called peculiars belonging to the archbishops and bishops of other dioceses, and it is expedient that all the powers and authorities given by this act to the bishop of the diocese should as to such peculiars be given to the archbishop or bishop to whom the same Powers ex- respectively belong; be it therefore further enacted, that all and archbishops every the powers and authorities given by this act to the bishop of and bishops any diocese shall, with respect to the several peculiars locally culiars. situated within such diocese, be vested in and exercised by the

ecuted by

having pe

archbishop or bishop to whom such peculiars shall respectively belong, and not by the bishop within whose diocese such peculiars shall be locally situated, but that within all and every peculiar and peculiars belonging to any other person or corporation than archbishops or bishops, such powers and authorities shall be vested in and exercised by the bishop of the diocese within which such peculiars shall be locally situated.

owners to

or sale.

XII. And be it further enacted, that, from and after the passing Power to of this act, it shall and may be lawful to and for any owner or convey on owners of any messuages, buildings, lands or hereditaments, whether exchange such owner or owners shall be a corporation sole or aggregate, or tenant or tenants in fee simple, or in fee tail general or special, or for life or lives, and for the guardians, trustees or feoffees for charitable or other uses, husbands or committees of or acting for any such owner or owners as aforesaid, who at the time of making any exchange or purchase authorized by this act shall be respectively infants, femes covert or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, himself or herself, by deed or deeds indented, and to be registered as hereinafter is mentioned; and with such consent, and to be signified as herein before is mentioned, of such incumbent, and of the patron and bishop, to grant and convey to any parson, vicar or other incumbent for the time being of any ecclesiastical benefice, perpetual curacy or parochial chapelry, any messuage, outbuildings, yards, gardens and lands, with their appurtenances, or any messuage or outbuildings only, or any lands (with or without necessary outbuildings) only of such owner or owners, in lieu of and in exchange for any parsonage house, outbuildings, yards, gardens and glebe lands, and pastures, feedings and rights of common, or any of them, or any part thereof, of or belonging to any such benefice, perpetual curacy or parochial chapelry, or (in cases of purchase), to sell and convey to such parson, vicar or other incumbent any lands not exceeding in the whole twenty statute acres, with the necessary outbuildings thereon, for such sum or sums of money as shall be certified to be the true and just value of the same at the time of such sale thereof, by a valuation to be made as hereinafter is directed; and which said parsonage Premises house, outbuildings and glebe lands so to be granted and conveyed settled to in exchange by any parson, viear or other incumbent (with such same uses. consent and in such manner as aforesaid), shall for ever, from and after such grant or conveyance thereof, be and become vested in and settled upon the same person or persons, and to, for and under the same uses, estates, trusts and limitations, and subject to the same powers, conditions, charges and incumbrances as the said messuage, outbuildings, lands and premises so to be granted and conveyed in exchange were vested in, settled upon and subject to before such exchange thereof, or would have been vested in, settled upon and subject to in case such exchange had not been made; and which Application said sum or sums of money to be received for the purchase of any monies of of purchase lands or hereditaments shall in all cases where the lands or heredita- premises ments so to be purchased belong to any corporation sole or aggregate, infant, feme covert, lunatic, or person or persons under any other disability or incapacity, with all convenient speed be paid into the bank of England, in the name and with the privity of the accountantgeneral of the high court of chancery, to be placed to his account ex parte the person or persons or corporation, who would have been entitled to the rents, issues and profits of such lands or hereditaments, to the intent that such money shall be applied or laid out under the direction, and with the approbation of the said court (to be signified by an order made upon a petition to be preferred by or on behalf of

exchanged

sold.

Persons incapacitated not to convey (except in exchange) more than

five acres.

Where exchange or purchase made notice previously given.

the person or persons who would have been entitled to the rents, issues and profits of such lands or hereditaments), in the purchase of the land tax, or towards the payment of any debts or incumbrances affecting the same lands or hereditaments, or other lands or hereditaments standing settled to the same or the like uses, or in the purchase of other lands or hereditaments to be conveyed, settled and made subject to and for and upon such and the like uses, trusts, limitations and dispositions, and in the same manner as the lands or hereditaments so purchased as aforesaid stood settled or limited, or such of them as at the time of making such purchase and conveyance shall be existing, undetermined and capable of taking effect; and in the mean time and until such purchase shall be made, the said money shall, by order of the said court of chancery upon application thereto, be invested by the said accountant-general in his name, in some one of the public funds of this kingdom, and the dividends and annual produce thereof shall from time to time be paid by order of the said court to the person or persons who would have been entitled to the rents, issues and profits of the said lands or hereditaments, in case no purchase and conveyance thereof had been made under the provisions of this act.

Map and valuation on ac

made of pre

XIII. Provided always, and be it further enacted, that nothing herein contained shall extend, or be construed to extend, to enable any corporation aggregate or sole, or tenant in fee tail general or special, or for life or lives, or the guardians, trustees or feoffees for charitable or other uses, husbands or committees, of or acting for any such owner or owners as aforesaid, who at the time of making any sale authorized by this act, shall be respectively infants, femes covert or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, himself or herself, to sell or convey (except by way of exchange, as in manner by this act directed) any lands or grounds whatsoever, for any of the purposes of this act, exceeding the quantity of five statute acres.

XIV. Provided also, that in all cases where any exchange or purchase shall be made under the authority of this act, six calendar months previous notice, describing the particulars, extent and situation of the premises respectively to be given and taken in exchange or purchased, shall be given of the intention to make such exchange or purchase, by the insertion of the same notice for three successive weeks in some one and the same newspaper of and in general circulation in each county wherein the premises so to be given and taken in exchange or purchased, or any part thereof, are situate; and also by affixing such notice in writing on a conspicuous part of the door of the church or chapel of each parish or chapelry wherein such premises or any part thereof are situate, on three Sundays successively whereon divine service shall be performed, and shortly before the commencement of such service on each Sunday in such church or chapel.

XV. And be it further enacted, that whenever any exchange or tual survey purchase is intended to be made under the authority of this act, a mises given map or maps under an actual survey, on oath (which oath any justice and taken in of the peace is hereby authorized to administer) by some competent purchased. surveyor to be approved of by the patron, bishop and incumbent,

exchange or

shall in cases of exchange be made and taken of the whole of the said glebe lands, or of such part or parts thereof as will sufficiently enable the bishop to judge of the convenience and expediency of the proposed exchange, and also of the glebe or parsonage house, buildings and premises, any part of which it is proposed to exchange, as well as of the other lands, house, buildings and premises, proposed to be taken in exchange; and shall in cases of purchase be made and taken of the whole of the lands or hereditaments so to be purchased; and in cases of exchange the same surveyor shall in like manner make a valuation on oath (to be administered as aforesaid) of the said glebe lands and glebe or parsonage house, buildings and premises, and also of the lands, house, buildings and premises intended to be taken in exchange, and in cases of purchase the same surveyor shall in like manner make a valuation on oath of the lands or hereditaments so intended to be purchased; and every such valuation shall include and distinctly specify the value of all timber and other trees growing thereon, and of the rights of common, and of all mines, minerals and quarries (if any), and of all other rights, profits and advantages whatsoever (if any) to the said premises or either of them, or any part or parcel of the same, respectively belonging.

issue a com

XVI. Provided also, and be it further enacted, that in all cases, Bishop to as well of exchange as of purchase under this act, the bishop, on mission of receiving such map or maps and valuation shall, if he shall in the inquiry. first instance so far approve of the said exchange or purchase, issue a commission of inquiry under his hand and seal, directed to such persons as he shall think proper, not being fewer than six in number, and of whom three at the least shall be beneficed clergymen actually resident in the neighbourhood of the benefice, perpetual curacy or parochial chapelry, whereto it shall be proposed to annex any buildings or lands by exchange or purchase under the authority of this act, and of whom one shall be a barrister at law of three years standing at the least, to be named by the senior judge in the last preceding commission of nisi prius for the county in which the said benefice, perpetual curacy or parochial chapelry, shall be situate, and the return to which commission of inquiry shall be made and signed by a majority of the persons therein named, after an actual inspection by them of all the premises, with such map and valuation before them, and not otherwise, and three at least of the persons making and signing the same shall be either three such beneficed clergymen actually resident as aforesaid, or two at least of such beneficed clergymen resident as aforesaid, together with such barrister as aforesaid; and in no case whatever shall any exchange or purchase be effected under the authority of this act, unless such commission shall have been previously issued and returned, and unless the return to such commission, so made and signed as aforesaid, shall certify that, after an actual inspection and examination of the premises, such exchange or purchase, in the judgment of the persons making the said return, is fit and proper to be made, and will promote the permanent advantage or convenience of the incumbent of such benefice, perpetual curacy or parochial chapelry, and his successors

in the same.