No. 28. con, within whose Jurisdiction, any have the same excempt; & where in more than one XXXIX. And be it further enacted, That every Archbishop, Bishop, and Archdeacon, within the Limits of whose Province, 43 Geo, III. c. 84. Diocese, or Jurisdiction respectively, any Dignity, Benefice, Dona- Archbishop, Bitive, Perpetual Curacy, or Parochial Chapelry respectively, exempt shop, & Archdeaer peculiar, shall be locally situate, shall have, use, and exercise all respective Irothe Powers and Authorities necessary for the due Execution by them vince, Diocese, or respectively of the Provisions and Purposes of this Act, and for Benefiee, &c. exenforcing the same with regard thereto respectively, as such Arch- empt, shall be lobishop, Bishop, and Archdeacon respectively would have used and cally situate, shaji exercised if the same were not exempt or peculiar, but were subject Powers as if such in all Respects to the Jurisdiction of such Archbishop, Bishop, or Bencñce were not Archdeacon; and also that where any Benefice, Donative, Perpetual any such Benefice, Curacy, or Parochial Chapelry, exempt or peculiar, shall be locally &c. shall be situate situate within the Limits of more than one Province, Diocese, or Province, &c. or Jurisdiction, or where the same or any of them shall be locally situate between the Ibetween the Limits of any two or more of such Provinces, Dioceses, mits of two, the or Jurisdictions, or any of them, the Archbishop or Bishop to the Archbishop or Bishop to whose Ca. Cathedral Church of whose Province or Diocese the Parish Church of thedral the Parish the same respectively shall be in local Situation, shall liave, use, and Church shall be exercise all the Powers and Authorities which are necessary for the the like Powers, due Execution of the Provisions of this Act, and enforcing the same &c. All Peculiar with regard thereto respectively, as such Archbishop or Bishop could the Archbishop or have used if the same were not exempt or peculiar, but were subject Bishop to whoin in all Respects to the Jurisdiction of such Archbishop or Bishop they belong. respectively; and the same, for all the Purposes of this Act, shall be deemed and taken to be within the Limits of the Province or Diocese of such Archbishop or Bishop; and the same shall also, for the Purposes of this Act, be taken to be within the Archdeaconry of, and be subject to the Jurisdiction of such Archdeacon as hath Jurisdiction as such over the Parish, the Parish Church of which is nearest to the Church of such Benefice, Donative, Perpetual Curacy, or Parochial Chapelry, exempt or peculiar; any Thing in any Act or Acts, Law or Laws, Usage or Usages, or other Matter or Thing to the contrary notwithstanding: Provided, that the Peculiars belonging to any Aichbishoprick or Bishoprick, though locally situated in another Diocese, shall continue subject to the Archbishop or Bishop to whom they belong, as well for the Purposes of this Act, as for all other Purposes of Ecclesiastical Jurisdiction in the Laws whatsoever. nearest, shall have shall be subject to 1ogative in grant XL. Provided always, and be it further enacted, That Nothing Act shall not affect in this Act contained shall extend, or be construed to extend, to alter his Majesty's Preor affect his Majesty's Royal Prerogative in the granting of Dispensa-ing Dispensations, tions for Non-residence upon Benefices, as the same now exists by or Clerks retainLaw; nor to affect any Privileges of Clerks retained in his Majesty's Service under the Statute passed in the ninth Year of EDWARD the Second, intituled, Clerks in the King's Service shall be discharged of their Residence, but shall be corrected by their Ordinary. ed in his Service under 9 Edw. 11. 8. XLI. And, to the Intent to avoid all Doubts, be it enacted, No Archbishop or That no Archbishop or Bishop, having or who shall have any Dignity, Bishop stall be lia Prebend, Benefice, Donative, or Perpetual Cure, shall, by Reason of ble to the Penal Non-residence upon the same, be subject or liable to any Penalties deuce. or Forfeitures. ties for Non rest No Penalty for Non residence XLII. Provided also, and be it further enacted, That no Forfeiture or Penalty shall be incurred under or by Virtue of this Statute prior to January 1, for any Act of Non-residence committed prior to the first Day of 1804; January, One Thousand Eight Hundred and Four. nor for farming till XLIII. Provided also, That no Penalty for farming shall be incurred by any Spiritual Person, under this or any other Statute, April 5, 1804. till the fifth Day of April, One Thousand Eight Hundred and Four. No. 28. XLIV. Provided also, That no Provision in this Act contained c. 84. shall extend or be construed to extend beyond that Part of the United tend beyond E. Kingdom of Great Britain and Ireland called England. Act not to ex land. any July 7, 1803, and XLV. Provided also, and be it further enacted, That in Case in If Execution any Action, Bill, Plaint, or Information, in which any Verdict shall sla h.ve been have been obtained prior to the passing of this Act, any Execution sued out between shall have been sued out at any Time between the seventh Day of the Day after pas. July, One Thousand Eight Hundred and Three, and the Day after sing this Act, the the passing of this Act, it shall be lawful, after the passing of this the Re payment of Act, for any Judge of the Court in which such Action, Bill, Plaint, so much of Penal- or Information shall be depending, upon Application of the Deties and Costs le fendant, to direct by any Rule or Order the Plaintiff or Plaintiffs who what the Detend- shall have levied under any such Execution, to repay to the Defendant ant would have so much of the Penalties, Forfeitures, and Costs, levied by such been liable to un- Execution, as the Sums so levied shall exceed the Amount of what Judge may direct vied as exceeds der this Act. such Defendant would have been liable to pay in Penalty, Forfeiture, and Costs, or any of them, as the Case might be if no Execution had been sued out against such Defendant, and such Defendant had applied under this Act to such Judge to discontinue to Proceedings in such Action, Bill, Plaint, and Information before Execution taken out; and such Judge and Defendant respectively shall have full Power to enforce Obedience to such Order or Rule, in like Mauner as Obedience to any Order or Rule of such Court, can or may be enforced. No. 29. 43 Geo. III. c. 107.-An Act for effectuating certain W HEREAS by an Act, made in the second and third Years of the Reign of her late Majesty Queen ANNE, intituled, An Act for the making more effectual her Majesty's gracious Intenlions for the Augmentation of the Maintenance of the Poor Clergy, by enabling her Majesty to grant, in Perpetuity, the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same Purpose; after reciting, amongst other Things, that for the Encouragement of such welldisposed Persons as should, by her Majesty's Royal Example, be moved to contribute to so pious and charitable a Purpose, and that such their Charity might be rightly applied, it was amongst other ་ 'Things enacted, that all and every Person and Persons having in his No 29. or their own Right any Estate or Interest, in Possession, Reversion, 43 Geo III c. 107. or Contingency, of or in any Lands, Tenements, or Hereditaments, or any Property of or in any Goods or Chattels, should have full 'Power, Licence, and Authority, at his, her, and their Will and Pleasure, by Deed enrolled in such Manner and within such Time as is directed by the Statute made in the twenty-seventh Year of the Reign of King HENRY the Eighth, for Enrolment of Bargains and Sales, or by his, her, or their last Will or Testament in Writing, 'duly executed according to Law, to give and grant to and vest in the Corporation thereby authorised, and since erected under the Name of The Governors of the Bounty of Queen ANNE, and their Successors, all such his, her, or their Estate, Interest, or Property in such Lands, Tenements, and Hereditaments, Goods, and Chattels, or any Part or Parts thereof, for and towards the Augmentation of the Maintenance of such Ministers officiating in such Church or Chapel where the Liturgy and Rites of the said Church were or 'should be so used or observed, as in the same Act were mentioned, and having no settled competent Provision belonging to the same, and to be for that Purpose applied according to the Will of the said 'Benefactor, in and by such Deed enrolled, or by such Will or Testament exceuted as aforesaid expressed, and in Default of such 'Direction, Limitation, or Appointment, in such Manner as by her 'Majesty's Letters Patent should be directed or appointed as aforesaid; and such Corporation and their Successors, should have full Capacity and Ability to purchase, receive, take, hold, and enjoy for the Purposes aforesaid, from such Persons as should be so charitably 'disposed to give the same, any Manors, Lands, Tenements, Goods, or Chattels, without any Licence or Writ of Ad quod damnum, the Statute of Mortmain or any other Statute or Law to the contrary 'notwithstanding: And it was by the same Act provided, that that 'Act, or any Thing therein contained, shall not extend to enable any 'Person or Persons being within Age, or of non-sane Memory, or 'Women Covert without their Husbands, to make any such Gift, Grant, or Alienation, any Thing in that Act contained to the con'trary in anywise notwithstanding: And whereas the Beneficial Effect and Operation of the said Act have been considerably obstructed and retarded by an Act, passed in the ninth Year of the Reign of his late Majesty King GEORGE the Second, intituled, An Act to restrain the Disposition of Lands, whereby the same become unalienable ;' for Remedy thereof be it enacted by the King's most Excellent shall remain ja 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 so much of the said Act of her late Majesty Queen ANNE, as is herein recited, shall be and remain in full Force and Effect, the said Act of his late Majesty King GEORGE the Second, or any other Act or Law to the contrary notwithstanding. II. And whereas by an Act, passed in the first Year of the Reign of his late Majesty King GEORGE the First, intituled, An Act for making more effectual her late Majesty's gracious Intentions for augmenting the Maintenance of the Poor Clergy, it was amongst 'other Things enacted, that it should be lawful, with the Concurrence of the said Governors of the Bounty of Queen ANNE, and the In'cumbent, Patron, and Ordinary, of any augmented Living or Cure 'to exchange all or any Part of the Estate settled for the Augmentation thereof, for any other Estate in Lauds or Tythes of equal or 'greater Value, to be conveyed to the same Uses ;' be it also enacted, That the said Power shall be, and the same is hereby extended to all Force, po with standing Mortmain Act. 9Geo II. c. 36. Power of ex+ changing Lands, render 1 G I. . 10. (sec. 13) ex. tended to all the Lands, &c of aug mented Livings. No. 29. the Messuages, Buildings, and Lands, belonging to every such aug 43 Geo ill. e. 107. mented Living or Cure. suitable Parsonage III. And be it further enacted, That where a Living shall have Where there is no been or shall be augmented by the said Governors, either by way of House the Gover Lot or Benefaction, and there is no Parsonage House suitable for the nois may provide Residence of the Minister, it shall and may be lawful for the said one. Governors, and they are hereby empowered, from Time to Time, in order to promote the Residence of the Clergy on their Benefices, to apply and dispose of the Money appropriated for such Augmentation, and remaining in their Hands, or any Part thereof, in such Manner as they shall deem most adviseable, in or towards the building, rebuilding, or purchasing a House, and other proper Erections within the Parish, convenient and suitable for the Residence of the Minister thereof, which House shall for ever thereafter be deemed the Parsonage House appertaining to such Living, to all Intents and Purpose whatsoever; any Thing in any Acts or the Rules of the said Governors contained to the contrary notwithstanding. 43 Geo. III. c. 108. Persons possessed 1olled (in England No. 30. 43 Geo. III. c. 108.-An Act to promote the building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church Yards and Glebes. W [27th July, 1805] HEREAS a sufficient Number of Churches and Chapels for the Celebration of Divine Service, according to the Rites and Ceremonies of the United Church of England and Ireland, and of Mansion Houses with competent Glebes for the Residence of Ministers officiating in such Churches and Chapels, is necessary to'wards the Promotion of Religion and Morality: And whereas the same are either wholly wanting or materially deficient in many Parts * of England and Ireland. And whereas many well disposed Persons would be desirous of contributing towards the Supply of such Defects, if they were enabled so to do in the Manner herein-after directed: May it therefore please your Majesty, that it may be in their own Right enacted; and be it enacted by the King's most Excellent Majesty, by may, by Deed en- and with the Advice and Consent of the Lords Spiritual and Tempounder Stat. 27 II. ral, and Commons, in this present Parliament assembled, and by the VIII c. 16, and Authority of the same, That all and every Person and Persons having in Ireland unde in his or their own Right any Estate or Interest in Possession, ReverC. 1, sec. 17.) or sion, or Contingency, of or in any Lands or Tenements, or of any by Will executed Property of or in any Goods or Chattels, shall have full Power, Lithree Months be- cence, and Authority, at his and their Will and Pleasure, by Deed Lands not exceed inrolled in such Manner, and within such Time, as is directed in ing five Acres, or England by the Statute made in the twenty-seventh Year of the Reign of King HENRY the Eighth, and in Ireland by the Statute made in the tenth Year of the Reign of King CHARLES the First, for Inrolmen of Bargains and Sales, or by his, her, or their last Will or Testament in Writing duly executed according to Law, such Deed, or such Will or Testament, being duly executed three Calendar Months at least before the Death of such Grantor or Testator, including the Days of the Execution and Death, to give and grant to and vest in any Person or Person, or Body Politic or Corporate, and their Heirs and Successors respectively, all such his, her, or their Estate, Interest, or Property in such Lands or Tenements, not exceeding five Acres, or Stat. 10 C. st. 2, their Decease, give Goods and Chat tels not exceeding 5001. for tee Purposes of this Act. Goods and Chattels, or any Part or Parts thereof, not exceeding in No. 30. Geo. III. c.108. Not to extend at this Act or any Thing therein contained, shall not extend to to Infants, Femes, mible any Person ur Persons being within Age, or of non-sane Covert, Sec. Memory, nor Women Covert without their Husbands, to make any de contrary in anywise notwithstanding. Only one such Gift shall be made II. Provided also, and it is hereby further enacted, That no more than one such Gift or Devise shall be made by any one Person, and, that if any such Gift or Devise as aforesaid shall happen to exceed five by one Person, de Acres in Lands or Tenements, or the Value of five hundred Pounds where it exceeds in Goods and Chattels, every such Gift or Devise shall be good and Amount the Chan cellor may reduce Chancellor for the Time being, on Petition, to make Order for reduc- III. Provided also, That no Glebe containing upwards of fifty. No Glebe upwards more than 1 Acre. Virtue of this Act, but that the Excess, if any, given or devised for be augmented with the Purpose of such Augmentation, shall be reduced in Mauner afore-' said, by the said Lord Chancellor, and such Order thereupon shall be by him made as herein-before is directed in the Case of an Excess beyond five Acres. IV. And whereas it often happens that small Plots of Land held in Mortmain lie convenient to be annexed to some Church or Chapel, or House of Residence, as aforesaid, or to some Church'Yard, or Curtilage thereto belonging, or convenient to be employed 'after erected, and for the necessary and commodious Use and Enjoyment thereof, and that they might be so employed to the Plots of Land not Advantage of the Public, and without Detriment to the Proprietors exceeding 1 Aure. 'thereof, if they were enabled to give and grant the same for the held in Mortmtin, 'Purposes aforesaid;' be it therefore further enacted, That it shall be either by Exchange Deful for aforesaid, with or without Confirmation, as the Law being annexed to a Deed inrolled as may be granted Church, &c. |