the fame for the purposes aforefaid; be it therefore further enacted, That it fhall be lawful for every body politic or corporate, fole or aggregate, by deed enrolled as aforefaid, with or without confirmation, as the law may require, to give and grant, either by way of exchange or benefaction, any fuch Imall plot of land not exceeding one acre, to any perfon or perfons, body politic or corporate, his and their heirs and fucceffors refpectively, to be held, used, and applied for the purposes aforefaid; and fuch laft mentioned perfon and perfons, bodies politic and corporate, and their heirs and fucceffors refpectively, fhall have full capacity and ability, with confent of the Incumbent, Patron, and Ordinary, to take, hold, and enjoy fuch fmall plot of land for the purposes aforefaid, without any licence or writ of ad quod damnum, the Statute of Mortmain, or any other Act or Law to the contrary notwithstanding.

5. Provided alfo, and it is hereby further enacted and declared, That in every parochial church or chapel hereafter to be erected ample provifion fhall be made for the decent and fuitable accommodation of all perfons, of what rank or degree foever, who may be entitled to refort to the fame, and whofe circumftances may render them unable to pay for fuch accommodations.

6. Provided alfo, That nothing in this Act contained shall be construed to take away or abridge any right of giving or devifing which already exists in any perfon whatsoever.

45 Geo. III. Cap. ci.

An Act to repeal fo much of an Act, paffed in the Ninth Year of the Reign of his late Majefty King George the Second, intituled, An Act to reftrain the Difpofition of Lands, whereby the fame become unalienable, as reStrains Colleges within the two Universities of Oxford and Cambridge from purchafing or holding Advowfons, except as therein is provided.

WHEREAS it is amongst other things provided by an Act, paffed in the ninth year of the reign of his late Majefty King George the Second, intituled, An Act to reftrain the Difpofition of Lands, whereby the fame become unalienable, "That no College or house of learning in "either of the two Univerfities within that part of the

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"United Kingdom called England, which doth or fhall "hold or enjoy fo many advowfons of ecclefiaftical be"nefices as are or shall be equal in number to one moiety "of the Fellows, or perfons usually styled or reputed as "Fellows, or, where there are or fhall be no Fellows, or "perfons ufually ftyled or reputed as Fellows, to one "moiety of the Students upon the foundation, whereof "any fuch College or houfe of learning doth, or may, " by the present conftitution of fuch College or house of "learning, confift, fhall, from and after the twenty-fourth "day of June one thousand seven hundred and thirty"fix, be capable of purchafing, acquiring, receiving, taking, holding, or enjoying, any other advow fons of ec"clefiaftical benefices by any means whatsoever, the ad"vowfons of fuch ecclefiaftical benefices as are annexed "to or given for the benefit or better fupport of the "Headships of any of the faid Colleges or houfes of learning, not being computed in the number of ad"vowfons hereby limited :"

And whereas the above restriction has been found by experience to operate to the prejudice of fuch Colleges or houses of learning, by rendering the fucceffion too flow:

And whereas the removal of fuch reftriction will be for. the benefit of fuch Colleges or houses of learning, and of the faid Univerfities, and will tend to the promotion of learning, and to the providing a better supply of fit and competent parochial Minifters:

Be it therefore enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this present Parliament affembled, and by the authority of the fame, That fo much of the faid Statute as is herein-before recited shall be, and the fame is, hereby repealed.

17 Geo.

17 Geo. III. Cap. liii.

An Act to promote the Refidence of the Parochial Clergy, by making Provifion for the more speedy and effectual building, rebuilding, repairing, or purchasing Houfes, and other neceffary Buildings and Tenements, for the Ufe of their Benefices.

WHEREAS many of the parochial Clergy, for want of proper habitations, are induced to refide at a distance from their benefices, by which means the parishioners lofe the advantage of their inftruction and hofpitality, which were great objects in the original diftribution of tithes and glebes for the endowment of churches: for remedy whereof, may it please your Majefty that it may be enacted; and be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That from and after the twenty-fourth day of June one thousand seven hundred and feventy-feven, whenever the Parfon, Vicar, or other Incumbent, of any ecclefiaftical living, parochial benefice, chapelry, or perpetual curacy, being under the jurifdiction of the Bifhop or other ecclefiaftical Ordinary, whereon there is no houfe of habitation, or fuch houfe is become fo ruinous and decayed, or is fo mean, that one year's net income and produce of fuch living will not be fufficient to build, rebuild, or put the fame, with the neceffary offices belonging thereto, in fufficient repair, fhall think fit to apply for the aid and affiftance intended to be given by this Act, it shall and may be lawful for every fuch Parfon, Vicar, or Incumbent, (after having procured from some skilful and experienced workman or furveyor, a certificate, containing a ftate of the condition of the buildings on their refpective glebes, and of the value of the timber and other materials thereupon, fit to be employed in fuch buildings or repairs, or to be fold, and alfo a plan and eftimate of the work propofed to be done, (fuch ftate and eftimate to be verified upon oath, taken before fome Justice of the Peace, or Master in Chancery, Ordinary or Extraordinary,) and laid the fame, together with a juft and particular account in writing, figned by him, and verified upon oath, taken

as aforefaid, of the annual profits of fuch living, before the Ordinary and Patron of the living, and obtained their confent to fuch propofed new buildings or repairs, by writing under their respective hands, in the form for that purpofe contained in the fchedule hereunto annexed,) to borrow and take up at intereft, in the manner hereafter mentioned, fuch fum or fums of money as the said eftimate fhall amount unto, after deducting the value of timber or other materials which may be thought proper to be fold, not exceeding two years net income and produce of fuch living, after deducting all rents, ftipends, taxes, and other out-goings, excepting only the falaries to the affiftant Curate, where fuch a Curate is neceffary; and as a fecurity for the money fo to be borrowed, to mortgage the glebe, tithes, rents, and other profits and emoluments, arifing or to arife from fuch living, to fuch person or perfons who fhall advance the fame, by one or more deed or deeds, for the term of twenty-five years, or until the money fo to be borrowed, with intereft for the fame, and fuch cofts and charges as may attend the recovery thereof, fhall be fully paid and fatisfied, according to the terms, conditions, true intent and meaning of this Act; which mortgage deed or deeds fhall be made in the forms or to the effect for that purpose contained in the faid schedule, and fhall bind every fucceeding Parfon, Vicar, or Incumbent, of fuch living, until the principal and intereft, cofts and charges, fhall be paid off and discharged, as fully and effectually as if fuch fucceffor had executed

the fame.

2. And be it further enacted, That every fuch Mortgagee fhall execute a counterpart of every fuch mortgage, to be kept by the Incumbent for the time being; and a copy of every fuch deed of mortgage fhall be registered in the office of the Registrar of the Bishop of the diocese where the parish lies, or other Ordinary having epifcopal jurifdiction therein for the time being, after having been first examined by him with the original; which officer fhall regifter the fame, and be entitled to demand and receive the fum of five fhillings, and no more, for fuch regifter; and every fuch deed fhall be referred to upon all neceffary occafions, the perfon infpecting the fame paying one fhilling for every fuch fearch; and the faid deed, or a copy thereof, certified under the hand of the Registrar, fhall be allowed as legal evidence, in cafe any fuch mortgage deed fhall happen to be loft or destroyed.

3. Provided always, and be it further enacted, That when

ever the principal and intereft, directed to be paid to the Mortgagee under the several provifions of this Act, fhall be in arrear and unpaid, for the space of forty days after the same shall become due, it shall and may be lawful for fuch Mortgagee, his Executors, Adminiftrators, or Affigns, to recover the fame, and the cofts and charges attending the recovery thereof, by distress and fale, in fuch manner as rents may be recovered by landlords or leffors from their tenants by the laws in being.

4. And be it further enacted, That the money fo to be borrowed fhall be paid into the hands of fuch perfon or perfons as fhall be nominated and appointed to receive and apply the fame for the purposes aforefaid, by the Ordinary, Patron, and Incumbent, by writing under their respective hands, in the form for that purpofe contained in the faid schedule, after fuch Nominee fhall have given a bond to the Ordinary, with fufficient furety, in double the fum fo to be borrowed or raised, with condition for his duly applying and accounting for the fame according to the directions of this Act; and the receipt of the perfon or perfons fo to be nominated shall be a fufficient discharge to the perfon or perfons who fhall advance and pay the money and the perfon or perfons fo to be nominated fhall enter into contracts with proper perfons for fuch buildings or repairs as fhall be approved by the Ordinary, Patron, and Incumbent, and shall be specified in an inftrument written upon parchment, and figned by them, in the form for that purpose contained in the said schedule; and fhall infpect and have the care of the execution of fuch contracts, and fhall pay the money for fuch buildings and repairs, according to the terms of fuch agreements, and shall take proper receipts and vouchers for the fame; and as foon as fuch buildings or repairs shall be completed, and the money paid, fhall make out an account of his receipts and payments, together with the vouchers for the fame, and enter them in a book, fairly written, which fhall be figned by him, and laid before the Ordinary, Patron, and Incumbent, and examined by them; and when allowed, by writing under their refpective hands, in the form for that purpofe contained in the said schedule, fuch allowance fhall be a full discharge to the person fo nominated, in refpect to the faid accounts; and if any balance fhall remain in the hands of fuch Nominee or Nominees, the fame fhall be laid out in fome further lafting improvements in building upon fuch glebe, or fhall be paid and applied in difcharge of fo much of the

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