PART I. IV. No. 11. act for themselves, himself or herself, by deed or deeds indented, and to be registered as therein mentioned, and with such consent, and to be signified as therein mentioned, of such Incumbent and of the Patron and Bishop, to grant Stat. 7 and convey to any Parson, Vicar or other Incumbent for G. 4. c. 66. 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 should 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 therein directed; which said sum or sums of money to be received for the purchase of any lands or hereditaments should, in all cases where the lands or hereditaments so to be purchased belonged 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 Accountant General of the High Court of Chancery, to such account, and applied or laid out in such manner and for such purposes, and the interest and annual produce thereof to be paid to such persons, as in and by the said Act appointed and directed: And whereas the provisions of the said last recited Act have Extended been extended to Ireland by an Act passed in the fourth to Ireland year of the reign of his present Majesty, intituled An Act by 4 G. 4. to amend the Laws for collecting Church Rates and Money advanced by the Trustees and Commissioners of the First Fruits of Ecclesiastical Benefices and for the Improvement of the Church Lands in Ireland: and also by an Act passed 5 G. 4. c. 8. in the fifth year of his present Majesty's reign, intituled An Act to amend an Act of the last Session of Parliament, for amending the Laws for the Improvement of Church Lands in Ireland: And whereas several Acts were passed in the fifty-sixth year of the reign of his said late Majesty, and in the first and sixth years of the reign of his present Majesty, 1 G. 4. c. 6. to amend the said Act of the fifty-fifth year of his late 6 G. 4. c. 8. c. 86. 56 G. 3. c. 52. IV. PARTI. Majesty's reign: And whereas the means of providing CLASS houses and buildings for the residence and occupation of the No. 11. parochial Clergy are still in many cases insufficient, by reaStat. 7 son that the powers given to owners of houses, buildings G. 4. c. 66. and lands, by the said Act of the fifty-fifth year of his late tions and persons authorized lands, &c. for the pur Majesty's reign, if under any disability or incapacity to convey, authorize the sale of land only, and the exchange only of houses and buildings; and that although power to purchase houses and buildings is given by the said Acts of the seventeenth and forty-third years of his late Majesty's reign, the owners thereof, if under any such disability or incapacity, or not empowered to sell and convey the same: Be it therefore 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 the authority of the same, Corpora- That from and after the passing of this Act it shall and may be lawful to and for any owner or owners of any mesunder dis- suages, buildings or lands, which may be purchased under ability or the authority of the said Acts of the seventeenth and fortyincapacity third and fifty-fifth years of his late Majesty's reign, or to sell mes- either of them, whether such owner or owners shall be a suages, corporation sole or aggregate, or tenant or tenants in fee simple or in fee tail, general or special, or for life or lives, poses of re- and for the guardians, trustees or feoffees for charitable cited Acts. or other uses, husbands or committees of or acting for any such owner or owners as aforesaid, who shall be respectively infants, feme-coverts or lunatics, or under any other legal disability, or otherwise disabled to act for themselves, himself or herself, to sell such messuages, buildings and hands, or any of them, for the purposes of the said Acts or either of them, and to convey the same in manner hereinafter mentioned; and all messuages, buildings and lands, which shall be purchased under the authority of this Act or of the said Acts of the seventeenth, forty-third and fifty-fifth years of his late Majesty's reign, or either of them, shall be conveyed unto and to the use of the Parson, Vicar or other Incumbent of the benefice, curacy or chapelry, for the residence and occupation of the Parson, Vicar or other Incumbent whereof the same shall be purchased, and shall for ever, from and after the conveyance thereof, be and become annexed to the same benefice, curacy or chapelry, and be holden and enjoyed by the Parson, Vicar or other Incumbent thereof, and his successors, accordingly, without any licence or writ of Ad quod damnum, the Statute of Mortmain, or any other statute or law to the contrary notwithstanding; and a copy ance to be registered. Convey of every such conveyance of any messuage, buildings or lands, the purchase money whereof shall be raised under the powers of the said Act of the seventeenth year of his late Majesty's reign, shall be registered as by the said Act is directed with respect to conveyances thereof authorized. to be sur veyed, and tion veri II. Provided always, and be it further enacted, That in Such mesevery case in which any messuage, buildings or lands shall suages, be sold under the authority of this Act, by any owner or lands, &c. owners having any less estate or interest in the same than in fee simple, or by any corporation aggregate or sole, the map or person or persons under any legal disability, a map and and valuaplan thereof, under an actual survey and valuation thereof, fied on oath shall be made and taken by some competent surveyor, and and preverified upon oath to be taken before some Justice of the served. Peace, which oath any Justice of the Peace is hereby authorized to administer; and such map, plan and valuation, and the affidavit verifying the same, shall be annexed - to and preserved with the conveyance. III. Provided also, and be it further enacted, That in Application every case in which a sale and conveyance shall be made of purchase under the authority of this Act, of any messuages, build- money. ings or lands which shall belong to any corporation aggregate or sole, or tenant in fee tail, general or special, or for life or lives, infant, feme-covert, lunatic or person or persons under any other legal disability, or otherwise disabled to act for themselves, himself or herself, the purchase money for the same shall with all convenient speed be paid into the bank of England or the bank of Ireland, as the case may be, in the name and with the privity of the Accountant General of the High Court of Chancery of England or Ireland, as the case may be, 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 messuages, buildings or lands; to the intent that such money shall be applied or laid out under the direction and with the approbation of the said Court of Chancery of England or Ireland, (to be signified by an order to be made upon a petition to be preferred by or on behalf of the person or persons who would have been entitled to the rents, issues and profits of such messuages, buildings or lands,) in the purchase of the land tax, or towards the payment of any debts or incumbrances affecting the same messuages, buildings or land, 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, CLASS No. 11. PART I. trusts, limitations and dispositions, and in the same manner as the messuages, buildings or lands 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 G. 4. c. 66. 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 of England or Ireland upon application thereto, be invested by the Accountant General in his name in some one of the public funds of England or Ireland, 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 messuages, buildings or lands, in case no purchase and conveyance thereof had been made under the provisions of this Act. No. 1. Convey ances by Bishops, &c. other than, &c. made void. 1 Inst.44.a. 1078. Cro. CLASS V. STATUTES RELATING TO LEASES BY SPIRITUAL PERSONS. Anno 1 ELIZ. Cap. 19. Sect. 5. the An Act giving Authority to the Queen's Majesty, upon Avoidance of any Archbishopric or Bishopric, to take into her Hands certain of the Temporal Possessions thereof, recompensing the same with Parsonages impropriate and Tenths. V. AND be it further enacted by the authority aforesaid, That all gifts, grants, feoffments, fines, or other conveyance or estates, from the first day of this present Parliament, to be had, made, done, or suffered by any Archbishop or Bishop, of any honours, castles, manors, lands, teneMoor 253. ments, or other hereditaments, being parcel of the possesPl. 400. sions of his archbishopric or bishopric, or united, apper-778. Pl. taining, or belonging to any the same archbishoprics or bishoprics, to any person or persons, bodies politic or corporate, other than to the Queen's Highness, her heirs or successors, whereby any estate or estates should or may 564. See pass from the same Archbishops or Bishops or any of them, 1 Bur. 221. other than for the term of twenty-one years or three lives, from such time as any such lease, grant, or assurance shall begin, and whereupon the old accustomed yearly rent or more, shall be reserved and payable yearly during the El. 874. Cro. Car. 16, 47. Vin. V. 8. CLASS said term of twenty-one years or three lives, shall be utterly PART I. void and of none effect, to all intents, constructions, and purposes; any law, custom, or usage to the contrary in any wise notwithstanding a. Anno 13 ELIZ. Cap. 10. Fraudulent Deeds made by Spiritual Persons to defeat their Successors of Remedy for Dilapidations shall be void, &c. V. No. 2. WHERE divers and sundry ecclesiastical persons of this Wrongs realm, being endowed and possessed of ancient palaces, and frauds mansion houses, and other edifices and buildings, belonging divers ecpractised by to their ecclesiastical benefices or livings, have of late years clesiastical not only suffered the same for want of due reparations persons. partly to run to great ruin and decay, and in some part 2 Roll. 169. utterly to fall down to the ground, converting the timber, lead, and stones, to their own benefit and commodity; but also have made deeds of gift, colourable alienations, and other conveyances of like effect, of their goods and chattels in their lives-time, to the intent and of purpose, after their deaths, to defeat and defraud their successors of such just actions and remedies as otherwise they might and should have had for the same against their executors or administrators of their goods, by the laws ecclesiastical of this realm, to the great defacing of the state ecclesiastical, and intolerable charges of their successors, and evil precedent and example for others, if speedy remedy be not provided. shall have doth make to defeat II. Be it therefore enacted by the Queen's most excellent How the Majesty, the Lords Spiritual and Temporal, and the Com-successor mons, in this present Parliament assembled, and by the remedy authority of the same, That if any Archbishop, Bishop, where the Dean, Archdeacon, Provost, Treasurer, Chaunter, Chan- predecessor cellor, Prebendary, or any other having any dignity or a fraudu office in any cathedral or collegiate church within this lent deed realm; or if any Parson, Vicar, or other Incumbent of any him for diecclesiastical living whereunto do belong any house or lapidations. houses, or other buildings, which by law or custom he is 14 Eliz. c. bound to keep and maintain in reparation; do from hence- 11. 8. 17. forth make any deed or deeds of gift or alienation, or other like conveyances of his moveable goods or chattels, to the intent and purpose aforesaid; that then the successor and successors of him that shall make such deed or deeds of gift or alienation, shall and may commence suit, and have such remedy in any court ecclesiastical of this realm compea The previous sections of this statute relative to a different subject have been omitted. T 1 Leon.307. |