43 Geo. III. Cap. cvii.

An Ad for effectuating certain Parts of an A&t paffed in the Second and Third Years of the Reign of her late Majefty Queen Anne, intituled, An Act for the making more effectual her Majefty's gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling her Majefty to grant, in Perpetuity, the Revenues of the First Fruits and Tenths; and alfo for enabling any other Persons to make Grants for the fame Purpose, fo far as the fame relate to Deeds and Wills made for granting and bequeathing Lands, Tenements, Hereditaments, Goods, and Chattels, to the Governors of the Bounty of Queen Anne, for the Purposes in the faid Act mentioned; and for enlarging the Powers of the faid Go

vernors.

THEREAS by an A&t made in the fecond and third years of the reign of her late Majesty Queen Anne, intituled, An Act for the making more effectual ber Majefty's gracious Intentions 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 alfo for enabling any other Perfons to make Grants for the fame Purpofe; after reciting, amongst other things, that for the encouragement of fuch well-difpofed perfons as should, by her Majefty's royal example, be moved to contribute to fo pious and charitable a purpose, and that fuch their charity might be rightly applied, it was amongst other things enacted, that all and every perfon and perfons having in his or their own right any eftate or intereft, in posfeffion, reverfion, or contingency, of or in any lands, tenements, or hereditaments, or any property of or in any goods or chattels, fhould have full power, licence, and authority, at his, her, and their will and pleasure, by deed enrolled in fuch manner and within such time as is directed by the Statute made in the twenty-feventh year of the reign of King Henry the Eighth, for enrolment of bargains and fales, or by his, her, or their last will or testament, in writing, duly executed according to law, to give and grant to and veft in the corporation thereby authorized, and fince erected under the name of The Governors of the Bounty of Queen Anne, and their fucceffors, all fuch his, her, or their eftate, intereft, or property in fuch lands, tenements,

tenements, and hereditaments, goods, and chattels, or any part or parts thereof, for and towards the augmentation of the maintenance of fuch Minifters officiating in fuch church or chapel where the Liturgy and Rites of the faid Church were or fhould be so used or observed, as in the fame Act were mentioned, and having no fettled competent provifion belonging to the fame, and to be for that purpose applied according to the will of the faid benefactor, in and by fuch deed enrolled, or by fuch will or teftament executed as aforefaid expreffed, and in default of fuch direction, limitation, or appointment, in fuch manner as by her Majefty's letters patent fhould be directed or appointed as aforefaid; and fuch corporation and their fucceffors fhould have full capacity and ability to purchase, receive, take, hold, and enjoy for the purposes aforefaid, from fuch perfons as fhould be fo charitably disposed to give the fame, 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 fame Act provided, that that Act, or any thing therein contained, thall not extend to enable any perfon or perfons being within age, or of non-fane memory, or women covert without their hufbands, to make any fuch gift, grant, or alienation, any thing in that Act contained to the contrary in any wife notwithstanding: And whereas the beneficial effect and operation of the faid Act have been confi-derably obftru&ted and retarded 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: for remedy thereof be it enacted by the King's most 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 fo much of the faid Act of her late Majefty Queen Anne, as is herein recited, fhall be and remain in full force and effect, the faid Act of his late Majesty King George the Second, or any other Act or Law to the contrary notwithstanding.

2. And whereas by an Act paffed in the firft year of the reign of his late Majefty King George the First, intituled, An Act for making more effectual ber late Majefty's gracious Intentions for augmenting the Maintenance of the Poor Clergy, it was amongst other things enacted, that it fhould be lawful, with the concurrence of the faid Governors of the

Bounty

Bounty of Queen Anne, and the Incumbent, Patron, and Ordinary of any augmented living or cure, to exchange all or any part of the eftate fettled for the augmentation thereof, for any other eftate in lands or tithes of equal or greater value, to be conveyed to the fame ufes; be it alfo enacted, That the faid power fhall be, and the fame is hereby extended to all the meffuages, buildings, and lands, belonging to every fuch augmented living or cure.

3. And be it further enacted, That where a living shall have been or fhall be augmented by the faid Governors, either by way of lot or benefaction, and there is no parfonage-houfe fuitable for the refidence of the Minifter, it fhall and may be lawful for the faid Governors, and they are hereby empowered, from time to time, in order to promote the refidence of the Clergy on their benefices, to apply and difpofe of the money appropriated for fuch augmentation, and remaining in their hands, or any part thereof, in fuch manner as they fhall deem moft advifable, in or towards the building, rebuilding, or purchasing, a houfe, and other proper erections within the parish, convenient and fuitable for the refidence of the Minister thereof, which houfe fhall for ever thereafter be deemed the parfonage-house appertaining to fuch living, to all intents and purposes whatsoever; any thing in any A& or Acts, or the rules of the faid Governors contained to the contrary notwithstanding.

43 Geo. III. Cap. cviii.

An Act to promote the building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the Refidence of Minifters, and the providing of Church Yards and Glebes.

WHEREAS a fufficient number of churches and cha

pels for the celebration of divine fervice, according to the Rites and Ceremonies of the United Church of England and Ireland, and of manfion houfes with competent glebes for the refidence of Minifters officiating in fuch churches and chapels, is neceffary towards the promotion of religion and morality: and whereas the fame are either wholly wanting or materially deficient in many parts of England and Ireland: and whereas many well-difpofed

perfons

perfons would be defirous of contributing towards the fupply of fuch defects, if they were enabled fo to do in the manner herein-after directed: may it therefore 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 all and every person and perfons having in his or their own right any eftate or intereft in poffeflion, reverfion, or contingency, of or in any lands or tenements, or of any property of or in any goods or chattels, fhall have full power, licence, and authority, at his and their will and pleasure, by deed enrolled in fuch manner, and within fuch time, as is directed in England by the Statute made in the twenty-feventh 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 Firft, for enrolment of bargains and fales, or by his, her, or their last will or teftament in writing duly executed according to law, fuch deed, or fuch will or teftament, being duly executed three calendar months at least before the death of fuch grantor or teftator, including the days of the execution and death, to give and grant to and veft in any person or perfons, or body politic or corporate, and their heirs and fucceffors refpectively, all fuch his, her, or their eftate, intereft, or property in fuch lands or tenements, not exceeding five acres, or goods and chattels, or any part or parts thereof, not exceeding in value five hundred pounds, for or towards the erecting, rebuilding, repairing, purchafing, or providing any church or chapel where the Liturgy and Rites of the faid United Church are or fhall be used or obferved, or any manfion house for the refidence of any minister of the said United Church, officiating or to officiate in any fuch church or chapel, or of any out-buildings, offices, church-yard, or glebe, for the fame refpectively, and to be for thofe purposes applied, according to the will of the said benefactor in and by such deed enrolled, or by fuch will or teftament executed as aforefaid expreffed, the confent and approbation of the Ordinary being firft obtained, and in default of fuch direction, limi tation, or appointment, in fuch manner as fhall be directed and appointed by the Patron and Ordinary, with the confent and approbation of the Parfon, Vicar, or other Incumbent; and fuch perfon and perfons, bodies politic and corporate, and their heirs and fucceffors refpectively, fhall have full capacity and ability to purchase, receive, take,

P

hold,

1

hold, and enjoy, for the purposes aforefaid, as well from fuch perfons as fhall be fo charitably difpofed to give the fame, as from all other perfons as fhall be willing to fell or aliene to such person or persons, bodies politic or corporate, any lands or 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: Provided always, that this Act, or any thing therein contained, fhall not extend to enable any perfon or perfons being within age, or of non-fane memory, nor women covert without their husbands, to make any fuch gift, grant, or alienation; any thing in this Act contained to the contrary in any wife notwithftanding.

2. Provided also, and it is hereby further enacted, That no more than one fuch gift or devise fhall be made by any one person, and that if any fuch gift or devife as aforefaid fhall happen to exceed five acres in lands or tenements, or the value of five hundred pounds in goods and chattels, every fuch gift or devife fhall be good and valid to the extent aforefaid; and it fhall be lawful for the Lord Chancellor for the time being, on petition, to make order for reducing every fuch gift or devife to and within the faid limits, and for allotting fuch fpecific five acres, and, if occafion fhould require, fuch specific goods and chattels as in his judgment fhall be most convenient, and to make fuch further order touching the premises as to him fhall appear juft and reasonable.

3. Provided alfo, That no glebe containing upwards of fifty acres fhall be augmented with more than one acre under or by virtue of this Act, but that the excefs, if any, given or devifed for the purpose of fuch augmentation, Thall be reduced in manner aforefaid, by the faid Lord Chancellor, and fuch order thereupon fhall be by him made as herein-before is directed in the cafe of an excess beyond five acres.

4. And whereas it often happens that small plots of land held in Mortmain lie convenient to be annexed to fome fuch church or chapel, or houfe of refidence, as aforesaid, or to fome church-yard, or curtilage thereto belonging, or convenient to be employed as the fcite of fome fuch church or chapel, or house to be hereafter erected, and for the neceffary and commodious ufe and enjoyment thereof, and that they might be fo employed to the advantage of the public, and without detriment to the proprietors thereof, if they were enabled to give and grant

the