Imatges de pàgina
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The Mortgagor may grant

Leases notwith standing any such Mortgage.

The Archbishop or Bishop for the Time being to pay off yearly

the End of

Archbishops or the said Archbishop and Bishop for the Time being (as the Case shall be) shall in manner aforesaid appoint or direct; and shall also purchase or provide and pay for all such Fixtures and Fittings as shall be deemed proper and suitable as aforesaid, and shall be approved by the said Two Archbishops or the said Archbishop and Bishop for the Time being (as the Case may be); and shall pay the Costs and Charges of any Mortgage or Mortgages and of any Purchase or Purchases which may be made under the Authority of this Act, and of procuring any such Certificate, Plan, Estimate, Map, and Valuation as aforesaid, and of making Copies thereof; and shall take proper Receipts for the Money to be so paid or applied as aforesaid; and, so soon as the Works and other Purposes for which such Monies shall have been raised shall be completed, and the Money paid, shall make out an Account of his or their Receipts and Payments, and enter them in a Book fairly written, which shall be signed by him or them, and, together with the Vouchers for such Payments, shall be laid before the said Two Archbishops or the said Archbishop and Bishop for the Time being (as the Case may be), and examined by them, and when allowed by Writing under their Hands such Allowance to be a full Discharge to the Person or Persons so nominated in respect of the said Account; and if any Balance shall remain in the Hands of such Nominee or Nominees after the Payments aforesaid, and also after making to him or them such Compensation for his or their Trouble as the said Two Archbishops or the said Archbishop and Bishop for the Time being (as the Case may be) shall think reasonable, the same shall be paid in discharge of the Principal Debt secured by such Mortgage or Mortgages, so far as such Balance will extend to pay the same, and so as to reduce proportionably the annual Instalments of such Debt, or such of the said Instalments as shall not have fallen due; all which Accounts, when made out, completed, and allowed, shall be deposited, together with the Vouchers, in the Registry of the Diocese of the Archbishop or Bishop by whom such Mortgage or Mortgages shall have been made, for the Use and Benefit of such Archbishop or Bishop and his Successors, who shall have a Right to inspect the same, and take Copies thereof, whenever Occasion shall require.

VIII. Provided nevertheless, and be it further enacted, That, notwithstanding any such Mortgage or Mortgages as aforesaid, it shall be lawful for the Archbishop or Bishop who shall have made the same, and his Successors, from Time to Time to make such Contracts and Agreements for granting Leases, and such Leases, either under any existing Power, or under any Power to be hereafter created, or otherwise howsoever, as he or they might have made in case this Act and the said Mortgage or Mortgages had not been passed or made; and that such Mortgage or Mortgages shall also be subject to the Effect of all such Contracts and Agreements for Leases, and of all such Leases, of any of the Hereditaments to be included therein, as may have been then already made and may be then subsisting.

IX. And be it further enacted, That every Archbishop or Bishop making any such Mortgage or Mortgages as aforesaid, and his Successors for the Time being, shall and he and they is and are hereby required to pay and discharge yearly at the End of the

9

Third

Third Year from the making of such Mortgage or Mortgages respectively, and at the End of each Year of the succeeding Twentynine Years, One Thirtieth Part of the Principal Money thereby to be respectively secured, until the whole of such Money shall be discharged, and also from Time to Time to pay the Interest which shall become due on such Principal Money, or on such Part thereof as for the Time being shall remain unpaid; and that every such Archbishop or Bishop, and his Successors for the Time being, shall annually, at his and their own Expence, from and immediately after the Commencement of any such Buildings or other Works as aforesaid, except as to any Palace, Mansion House, Messuage, or Building which shall be proposed to be entirely taken down, and then from and immediately after the Commencement of the rebuilding thereof, and also from and immediately after the entering into any Contract or Contracts for the Purchase of any Messuage or Building under the Authority of this Act, insure and keep insured the whole of the Buildings whereon or on any Part whereof such Works shall have been so commenced, or which shall be comprised in such Contract or Contracts as aforesaid, at One or more of the public Offices in London or Westminster for insuring Houses and Buildings from Loss or Damage by Fire, in such Sum or Sums of Money as shall be agreed upon, in the Case of an Archbishop, by the Archbishops of Canterbury and York for the Time being, and in the Case of a Bishop by the Archbishop of the Province and the Bishop of the Diocese for the Time being; and the Receipt or Receipts for the Premium or Premiums which shall be paid for effecting or keeping on foot such Insurance or Insurances respectively shall be annually exhibited by every such Archbishop effecting such Insurance or Insurances to the other Archbishop for the Time being, and by every such Bishop to the Archbishop of the Province for the Time being; and in every Case of any Loss or Damage by Fire to any of the said Buildings the Money to be received under any such Insurance or Insurances shall be applied, in the Case of an Archbishop, by or under the Direction of the Archbishops of Canterbury and York for the Time being, and in the Case of a Bishop, by or under the Direction of the Archbishop of the Province and the Bishop of the Diocese for the Time being, in or towards the rebuilding or repairing and reinstating of the same.

X. Provided always, and be it further enacted, That if any such Archbishop or Bishop as aforesaid, or any of his Successors, shall neglect to insure or keep insured in manner aforesaid the said Buildings or any of them to the full Amount which shall be agreed upon as aforesaid, and any Loss or Damage by Fire shall happen thereto, and the Archbishop or Bishop who shall have so neglected, or his Heirs, Executors, or Administrators, shall not within Twelve Calendar Months next after such Fire shall have happened rebuild or repair and reinstate the Building or Buildings which shall have been burnt down or damaged by Fire, or apply for the Purpose such a Sum of Money, as together with the Money, if any, for which the Building or Buildings so burnt down or damaged by Fire shall have stood insured, shall make up the full Sum for which the same respectively ought to have been kept insured, it shall be lawful, in the Case of an Archbishop, for the other Archbishop

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A Proportion of the half

yearly Interest, nual Instalment of Principal, to be paid on Avoidance of the See.

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For Removal of

Buildings, and
applying the
Materials to the
Purposes of the

Act.

bishop for the Time being, and in the Case of a Bishop for the Archbishop of the Province for the Time being, and they are hereby directed, to proceed by Action of Debt against the Archbishop or Bishop who shall have so neglected, or his Heirs, Executors, or Administrators, for the Recovery of such a Sum of Money (not exceeding the Sum for which the Building or Buildings so to be burnt down or damaged by Fire ought to have been insured as aforesaid, or the Proportion thereof for which the same shall not have stood insured, after deducting therefrom the Money, if any, which such Archbishop or Bishop, his Heirs, Executors, or Administrators, shall have applied towards such Rebuilding or Repairs and Reinstatement as aforesaid) as shall be sufficient to rebuild or repair and reinstate the same; and the Money so to be recovered in such Action shall be applied, in the Case of an Archbishop, by the Archbishops of Canterbury and York for the Time being, and in the Case of a Bishop by the Archbishop of the Province and the Bishop of the Diocese for the Time being, or under their Direction respectively, in or towards rebuilding, repairing, and reinstating the Building or Buildings which shall have been so burnt down or damaged by Fire as aforesaid.

XI. Provided always, and be it further enacted, That upon every Vacancy which shall happen of any See the Lands and Hereditaments whereof shall have been mortgaged under the Authority of this Act, before such Mortgage or Mortgages shall be discharged, the Archbishop or Bishop for the Time being avoiding the same, his Heirs, Executors, or Administrators, shall pay so much of the half-yearly Payment of Interest upon the Principal Money secured by any such Mortgage or Mortgages accruing and not actually accrued due at the Time of his ceasing to be Archbishop or Bishop of the said See as shall be in proportion to the Time which at such Avoidance shall have elapsed of the current Half Year, and shall also (in case such Avoidance shall happen after the Expiration of the Second Year from the Date of such Mortgage or Mortgages respectively) pay so much of the annual Instalment which shall fall due next after such Avoidance of the said See of every Principal Sum so to be secured as aforesaid as shall be in proportion to the Time which at such Avoidance shall have elapsed of the current Year.

XII. And be it further enacted, That if any Money shall be raised by any Archbishop or Bishop under the Authority of this Act, for the Purpose of building or purchasing any Palace or Mansion House, Offices, or Outbuildings, in substitution for any Palace or Mansion House, Offices, or Outbuildings then belonging to his See, it shall be lawful for any such Archbishop, with the Consent of the other Archbishop for the Time being, and for any such Bishop, with the Consent of the Archbishop of the Province for the Time being, (such Consent to be signified by some Writ ing under the Hand of the consenting Party,) to take down and remove the Palace or Mansion House, Offices, or Outbuildings for which the said Palace or Mansion House, Offices, or Outbuildings to be so built or purchased shall be substituted as aforesaid (if the same or any Part thereof cannot be better applied for the permanent Advantage of the See), and to apply the Materials in or towards any Buildings or other Works for the Purpose of which

such

such Money shall be raised as aforesaid, or to sell the same: Provided nevertheless, that all Monies to arise by any such Sale shall be paid to the Person or Persons who shall be nominated and appointed as aforesaid to receive the Money so to be raised by Mortgage; and that the Receipt or Receipts of such Nominee or Nominees shall be a sufficient Discharge or sufficient Discharges to the Person or Persons paying the same; and that such Monies shall be applied by such Nominee or Nominees, in the first place, for all or any of the Purposes for which the Mortgage Money shall be raised, with such Approbation and in such Manner and subject to such Provisions as herein-before is directed and are contained with respect to the Money to be raised by any such Mortgage or Mortgages as aforesaid.

Monies to be applied for Pur

poses of the

Act.

previous Sums.

XIII. And be it further enacted, That all Sums of Money re- Dilapidation covered or received for Dilapidations, by Suit, Composition, or otherwise, from any former Archbishop or Bishop, or his Representatives, and which shall not have been laid out or expended in rebuilding or Repairs, shall be paid to the Person or Persons who shall be nominated or appointed as aforesaid to receive the Money so to be raised by Mortgage; and the Receipt or Receipts of such Nominee or Nominees shall be a sufficient Discharge or sufficient Discharges to the Person or Persons paying the same Monies; and such Monies shali be applied by such Nominee or Nominees, in the first place, for such Purposes and in such Manner and subject to such Provisions as are herein-before directed and contained with respect to the Money to be raised by any such Mortgage or Mortgages as aforesaid: Provided always, that no Mortgagees not Person or Persons, or Body or Bodies Politic or Corporate, who bound to inmay advance Money upon any such Mortgage or Mortgages as quire as to Apaforesaid, shall be bound to inquire or ascertain whether the Monies plication of which may have been recovered or received for Dilapidations from any former Archbishop or Bishop, or his Representatives, shall have been previously laid out or expended or paid as aforesaid. XIV. And be it further enacted, That it shall be lawful for the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy to advance and lend, at One or more Time or Times, out of the Money which has arisen or shall from Time to Time arise from that Bounty, or from Grants by Parliament in aid thereof, any Sum or Sums of Money this Act. by this Act authorized to be raised; and such Mortgage or Mortgages as aforesaid shall be made for Repayment in manner aforesaid by Instalments of the Principal Sum or Sums so to be advanced, with Four Pounds per Centum per Annum Interest for the same respectively, by such half-yearly Payments as aforesaid. XV. Provided always, and be it further enacted, That if, at any For appointing Time or Times before all the Purposes for which any Person or new Nominees in certain Cases. Persons may have been appointed Nominee or Nominees under the Provisions of this Act shall have been carried into execution, such Person or Persons, or any Nominee or Nominees who may have been appointed under this present Power, shall die, or decline or become incapable to act, or desire to be discharged from acting in the Execution of the Purposes for which he or they may have been so appointed, or shall misconduct himself or themselves in the Opinion of the Two Archbishops or the Archbishop and Bishop

Governors of Queen Anne's advance any Bounty may

Sums authorized

to be raised by

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Power to pur

chase House or Land for a Site

to build on.

Persons under

legal Disability empowered to sell.

(as the Case may be) by whom he or they shall have been nominated, or their Successors for the Time being, then and so often as the same shall happen it shall be lawful for the said Two Archbishops or the said Archbishop and Bishop for the Time being (as the Case may be), by any Writing under their Hands, to nominate or appoint any other Person or Persons in the Stead or Place of the Nominee or Nominees who shall so die, or decline or become incapable to act, or desire to be discharged, or misconduct himself or themselves as aforesaid; and such Person or Persons so to be nominated or appointed as last aforesaid, upon giving a Bond to the Persons so nominating and appointing him or them as aforesaid, with sufficient Surety, in a sufficient Sum, conditioned for his or their duly applying and accounting for any Money which may come to his or their Hands under this Act, shall and may act or concur in acting in the Execution of the Purposes of such Appointment, with such and the same Powers, and in such and the same Manner, as if he or they had originally been a Nominee or Nominees for the Purposes aforesaid.

XVI. And be it further enacted, That it shall be lawful for any Archbishop, with the Consent of the other Archbishop and the Lord High Treasurer or First Lord Commissioner of the Trea sury for the Time being, and for any Bishop, with the Consent of the Archbishop of the Province and the Lord High Treasurer or First Lord Commissioner of the Treasury for the Time being, such Consents to be signified by some Writing or Writings under the respective Hands of the consenting Parties, and also by their respectively being made Parties to and executing the Deed or Deeds by which the purchased Property shall be conveyed as herein-after mentioned, to contract for the absolute Purchase of any Freehold Messuage or Mansion House, Offices, or Outbuildings, or for the absolute Purchase of the Fee of any Copyhold Messuage or Mansion House, Offices, or Outbuildings, for the Residence or Occupation of himself and his Successors, either with or without Land convenient to be held therewith, and also to contract for the absolute Purchase of any Freehold Land, or of the Fee of any Copyhold Land, either with or without any Building or Buildings thereon, as a Site for a Palace or Mansion House, Offices, or Outbuildings, for the Residence or Occupation of himself and his Successors, and for Occupation therewith; which said Premises so to be purchased shall be conveyed and assured unto and to the Use of such Archbishop or Bishop and his Successors in the same See, and be for ever thereafter held and enjoyed by him and them respectively, and be and continue annexed to the said See as Part of the Possessions thereof.

XVII. And be it further enacted, That it shall be lawful for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Tenants for Life or in Tail, Husbands, Guardians, Trustees, and Feoffees in Trust, Committees, Executors, and Administrators, and all other Persons and Trustees whomsoever, not only for and on behalf of themselves, their Heirs and Successors, but also for and on behalf of their Cestuisque Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Person or Persons, and to and for all Femes Covert who are or shall be seised, possessed of, or interested in any Messuages or Buildings, Lands,

Grounds

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