faid principal debt as fuch balance will extend to pay, at the difcretion of the faid Ordinary, Patron, and Incumbent, or two of them, of which the faid Ordinary to be one, by order figned by them, in the form for that purpofe contained in the faid schedule; and an account fhall allo be kept, made out, and allowed, of fuch further difbursements, in manner aforefaid: all which accounts, when made out, completed, and allowed, fhall be depofited, with the vouchers, in the hands of the faid Regiftrar, and kept by him for the use and benefit of the Incumbents of fuch living for the time being, who fhall have a right to infpect the fame whenever occafion fhall require, paying to fuch Regiftrar, or Deputy Registrar, the fum of one fhilling for every fuch infpection.

5. Provided always, and be it further enacted, That every fuch Ordinary, before he or they fhall fignify his or their confent in manner aforefaid, thall caufe an enquiry to be made, and certified to him or them by the Archdeacon, Chancellor of the diocefe, or other proper perfons living in or near the parish where fuch buildings are propofed to be made or repaired, in the forms for that purpofe fpecified in the faid schedule, of the state and condition of fuch buildings at the time the Incumbent entered upon fuch living or benefice, how long fuch Incumbent had enjoyed fuch living or benefice, what money he had received, or may be entitled to receive, for dilapidations, and how and in what manner he had laid out what he had fo received; and if it fhall appear to them that fuch Incumbent had, by wilful negligence, fuffered fuch buildings to go out of repair, then to certify the fame to the faid Ordinary, and alfo the amount of the damage which fuch buildings had fuftained by the wilful neglect of such Incumbent, and fuch Incumbent, if the Ordinary require it, fhall pay the fame into the hands of the Nominee or Nominees to be appointed under the authority of this Act, towards defraying the expences of building or repairs, before the Ordinary shall give his confent as aforefaid.

6. And be it further enacted, That the Incumbent of every fuch living or benefice, in cafes where fuch mortgage or mortgages fhall be made as aforefaid, and his fucceffors for the time being, fhall, and he and they is and are hereby required to pay the intereft arifing upon every fuch mortgage, yearly, as the fame fhall become due, or within one month after, and alfo five pounds per centum per annum, of the principal remaining due, by yearly payments;

payments; and that every fuch Incumbent who fhall not refide twenty weeks in each year upon fuch living, computing fuch year from the date of the faid mortgage deed, fhall, inftead of the faid fum of five pounds per centum per annum, pay the fum of ten pounds per centum per annum, of the principal remaining due, by yearly payments, fuch payments to be refpectively made at the fame time fuch intereft fhall be paid, until the whole principal money and intereft fhall be fully paid and discharged; and that every fuch Incumbent who fhall pay only five pounds per centum per annum of fuch principal money, fhall, at the time he pays the fame, produce and deliver to the Mortgagee a certificate under the hands of two Rectors, Vicars, or officiating Minifters, of fome parishes near adjoining, fignifying that he had refided twenty weeks upon the faid living or benefice, within the year for which fuch payment became due, according to the regulations aforefaid; which certificate fhall be in the form, or to the effect, contained in the said schedule; and that every fuch Incumbent fhall, annually, at his own expence, from the time fuch buildings, authorized to be made by this Act, fhall be completed, infure, at one of the public offices established in London or Westminster for infurance of houfes and buildings, the house and other buildings upon fuch glebe, against accidents by fire, at fuch fum of money as fhall be agreed upon by the Ordinary, Patron, and Incumbent; and in default of the payment of either the principal or intereft, in manner aforefaid, or neglect of the Incumbent to make fuch infurance, the Ordinary shall have power to fequester the profits of the living till fuch payment or infurance fhall

be made.

7. And, in order that the payment of fuch year may be justly and equitably ascertained and adjusted, between the fucceffor, and the Parfon, Vicar, or Incumbent, avoiding fuch living or benefice by death or otherwife, or his representatives, in cafe of death or other avoidance, in fuch proportions as the profits of fuch living fhall have been received by them refpectively, for the year in which fuch death or avoidance hall happen; be it further enacted, That in cafe any difference fhall arife in adjusting or fettling the proportions aforefaid, the fame fhall be determined by two indifferent perfons, the one to be named by the faid fucceffor, and the other by the perfon making fuch avoidance, or his reprefentatives, in cafe of his death; and in cafe fuch Nominees fhall not be appointed within the

space

space of two calendar months next after fuch death or avoidance, or if they cannot agree in adjusting fuch proportions within the fpace of one calendar month after they shall have been appointed, the fame fhall be determined by fome neighbouring Clergyman, to be nominated by the Ordinary, whofe determination fhall be final and conclufive between the parties; which nominations and determinations fhall be made according to the forms for that purpose contained in the said schedule, as near as conveniently may be.

8. And be it further enacted, That where there shall be no house of habitation upon any ecclefiaftical living or benefice fo described as aforefaid, exceeding in clear yearly value one hundred pounds per annum, or being one, the fame shall be so mean, or in such a state of decay as aforefaid, and the Incumbent fhall not refide in the parish twenty weeks within any year, computing the fame from the first day of January, it fhall be lawful for the Ordinary of fuch living or benefice, with the confent of the Patron, (in cafe the Incumbent fhall not think fit to lay out one year's income, where the fame may be fufficient, to put the house and buildings in proper and fufficient repair, or to make fuch application as aforefaid, for building, repairing, or rebuilding, fuch parfonage house,) to procure fuch plan, eftimate, and certificate, as herein directed, and at any time, within the courfe of the fucceeding year, to proceed in the execution of the feveral purposes of this Act, in fuch manner as the Parfon, Vicar, or Încumbent, is hereby authorized and directed to proceed, and to make and execute fuch mortgage as aforefaid which fhall be binding upon the Incumbent and his fucceffors, and he and they fhall be, and are hereby made liable to the payment of the intereft, principal, and costs; and every fuch Incumbent, and his reprefentatives, fhall be, and are hereby also made refpectively liable to the proportion of the payments for the year which fhall be growing at the time of the death of fuch Incumbent, or avoidance of fuch living, according to the directions aforefaid; which faid intereft, principal, and cofts, and proportion of payments growing at the time of the death of fuch Incumbent or avoidance, fhall and may be recovered against fuch Incumbent, his fucceffors, or reprefentatives, refpectively, by action of debt, in any Court of Record.

;

9. And be it further enacted, That all fum and fums of money recovered or received, by fuit or compofitions, from the representatives of any former Incumbent of fuch

living or benefice, and not laid out in the repairs of such buildings, fhall go and be applied in part of the payments under fuch eftimate as aforefaid; and that all money thereafter to be recovered or received, in cafe the fame cannot be had before fuch buildings are completed, and the money paid for the fame, fhall be applied, as foon as received, in payment of the principal then due, as far as the fame will extend; or in cafe the faid mortgage money fhall have been discharged, all fuch money arifing from dilapidations fhall be paid into the hands of the Nominee to be appointed as aforefaid, or of fome other perfon or perfons to be nominated by the Ordinary, Patron, and Incumbent, in cafe fuch Nominee fhall be dead, or shall decline to act therein, to be laid out and expended in making fome additional buildings or improvements upon the glebe of fuch living or benefice, to be approved by the Ordinary, Patron, and Incumbent; and in the mean time, or in cafe fuch buildings fhall not be neceffary, then in truft, to lay out the fame in government or other good fecurities, and pay the intereft thereof to the Incumbent for the time being.

10. Provided always, and be it further enacted, That where new buildings are neceffary to be provided or erected for the habitation and refidence of the Rector, Vicar, or other Incumbent, pursuant to the authority hereby given, it fhall and may be lawful for the Ordinary, Patron, and Incumbent, of every fuch living or benefice, to contract, or to authorize, if they fhall think fit, the perfon fo to be nominated by them as aforefaid, to contract, for the abfolute purchase of any house or buildings, in a situation convenient for the habitation and refidence of the Rector or Vicar of fuch living or benefice, and not at a greater diftance than one mile from the church belonging to fuch living, benefice, or chapelry; and alfo to contract for any land adjoining or lying convenient to fuch house or building, or to the houfe or building belonging to any parochial living or benefice having no glebe lying near or convenient to the fame, not exceeding two acres, if the annual value of fuch living, to be ascertained as aforefaid, fhall be less than one hundred pounds per annum, nor two acres for every one hundred pounds per annum, if of greater value, and to caufe the purchase-money for fuch houfe or buildings to be paid out of the money to arife under the powers and authorities of this A&t; in all which cafes the faid buildings and lands fhall be conveyed

to the Patron of fuch living or benefice, and his heirs, in truft, for the fole use and benefit of the Rector, Vicar, or other Incumbent, of fuch living or benefice for the time being, and their fucceffors, and fhall be annexed to fuch church or chapel, and be enjoyed and go in fucceffion with the fame for ever; but no contract fo made by the Nominee fhall be valid, until confirmed by the Ordinary, Patron, and Incumbent, by writing under their hands; and every fuch purchase-deed fhall be in the form or to the effect contained in the schedule hereunto annexed, and fhall be registered in fuch manner, and in fuch office, as the other deeds are hereby directed to be registered.

11. Provided alfo, and be it further enacted, That when any fuch land lying near to the parfonage house and buildings, belonging to fuch living or benefice, or to be fo purchased or exchanged as aforefaid, fhall be thought fit to be taken and used as a convenience for the fame, the purchase-money or equivalent for fuch land shall be raised and had by fale or exchange of fome part of the glebe or tithes of fuch living or benefice, which fhall appear to the faid Ordinary, Patron, and Incumbent, moft convenient for that purpofe; and every fuch fale or exchange fhall be by deed, in the form or to the effect contained in the schedule hereunto annexed, and registered as hereinbefore directed.

12. And be it further enacted, That it fhall and may be lawful for the Governors authorized or appointed to regulate and fuperintend the Bounty given by her late Majefty Queen Anne, for the augmentation of the maintenance of the poor Clergy, to advance and lend any fum or fums of money, not exeeeding the fum of one hundred pounds, in refpect of each living or benefice, out of the money which has arifen, or fhall from time to time arife, from that bounty, for promoting and affifting the several purposes of this Act, with refpect to any fuch livings or benefices as fhall not exceed the clear annual improved value of fifty pounds; and fuch mortgage and fecurity fhall be made for the repayment of the principal fums fo to be advanced, as are herein-before mentioned, but no interest shall be paid for the fame; and in cafes where the annual value of fuch living or benefice fhall exceed the fum of fifty pounds, that it fhall and may be lawful for the faid Governors to advance and lend, for the purposes of this Act, any fum not exceeding two years' income of fuch living or benefice upon fuch mortgage and fecurity

as