Certain Part of recited Act, relating to Bishops Visitations, repealed. 26 G. 2. c. 22. 28 G. 2. c.3. it therefore enacted by the Queen'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, That from and after the passing of this Act so much of the said recited Act as is herein recited shall be and the same is hereby repealed, save and except as to any Matter or Thing which shall have been done by any Bishop, Chancellor, Commissary, or Registrar, under the Provisions of the said firstrecited Act, before the passing of this Act. CA P. X. An Act for enabling the Trustees of the British Museum to WHER HEREAS by an Act of Parliament made and passed in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled An Act for the Purchase of the 'Museum or Collection of Sir Hans Sloane and of the Harleian 'Collection of Manuscripts, and for providing One general Reposi tory for the better Reception and more convenient Use of the said "Collections and of the Cottonian Library, and of the Additions 'thereto, it was enacted (amongst other things) that certain Officers 'for the Time being and Persons therein described or mentioned, ' and certain other Persons to be appointed under the Powers ⚫ therein contained, should be Trustees for putting the said Act ' in execution; and it was also enacted, that within the Cities of 'London or Westminster, or the Suburbs thereof, One general Repository should be erected or provided for the Reception of the said Museum, and of the other Collections and the Libraries 'therein mentioned, and of such other Collections and Libraries < as, with such Approbation as therein mentioned, should be ad'mitted into the said general Repository, which several Collections, Additions, and Library so received into the said general Repository should remain and be preserved therein for public Use to all Posterity; and it was further enacted, that for the better Execution of the Purposes of the said Act the said Trustees thereby appointed should be a Body Politic and Corporate, in 'Deed and Name, and have Succession for ever, by the Name " of "The Trustees of the British Museum," and by that Name 'should sue and be sued, implead and be impleaded, and should have Power to have and use a Common Seal, and to make Bye Laws, and to hold Lands and Hereditaments of such yearly Value as therein mentioned, and to do all such other Acts and Things as in the said Act are mentioned: And whereas under the Pro'visions of an Act of Parliament made and passed in the Twentyeighth Year of the Reign of His said Majesty King George the 'Second, intituled An Act for vesting Montague House in Trus'tees and their Heirs freed and discharged from all the Estates, • Uses, and Agreements to which it at present stands limited and appointed, upon Trust to convey the same to the Trustees of the British Museum for a general Repository, and upon such other • Trusts as therein are mentioned, the Capital Messuage or Man 'sion House theretofore called Montague House, situate in Great • Russell Street in the Parish of Saint George Bloomsbury in the 'County of Middlesex, and the Outhouses, Buildings, and Gardens then belonging to the same, were duly conveyed and assured (subject to a yearly Rent or Sum of Five Pounds issuing thereout) unto and to the Use of the Trustees of the British 'Museum, their Successors and Assigns, by Indentures of Lease ' and Release bearing Date respectively the Fourth and Fifth 'Days of April One thousand seven hundred and fifty-five, and 'made between the Right Honourable George Dunk Earl of Halifax and William Folkes Esquire (Trustees under the last' mentioned Act for carrying the Trusts thereof into execution) of the one Part, and the Trustees of the British Museum of the other Part, and since that Time the said Capital Messuage or Mansion House and Premises have been generally called or 'known by the Name of "The British Museum :" And whereas by an Act of Parliament made and passed in the Fifth Year of · His Majesty King George the Fourth, intituled An Act for 5 G. 4. c. 39. amending former Acts relative to the British Museum, it was enacted (amongst other things) that the Trustees of the British Museum should for the Purpose of the several Acts relating to the same, and for the Enlargement, Improvement, and better Endowment of the said Museum, and for any Purposes connected with the 'said Museum, have full Power, Capacity, and Ability to pur'chase, take, hold, and enjoy any Lands, Tenements, Heredita'ments, and to accept any Gifts, Grants, Devises, and Bequests ' of Lands, Tenements, and Hereditaments, and of any Interest 'therein, and of any Money issuing out of or charged upon or 'to arise from the Sale of Lands, Tenements, and Hereditaments, of and to any Value and Amount whatever, the Statutes of 'Mortmain or any other Statute or Law to the contrary thereof in anywise notwithstanding: And whereas the Buildings of the 'British Museum being insufficient for the proper Reception and 'Exhibition of the various and increased Collections belonging 'thereto, a general Design for a suitable Edifice was in the Year 'One thousand eight hundred and twenty-three, with the Appro'bation of the Lords Commissioners of His Majesty's Treasury, 'adopted by the Trustees of the British Museum, and in conformity 'thereto, and with Grants of Money which have from Time to Time 'been made by Authority of Parliament, the Works of the said 'Edifice have been carried on, and are now in a State of consider'able Progress: And whereas, in order to complete the said ' general Design, and to make a suitable Front and Access to the ' said British Museum, it is expedient that the Trustees of the 'British Museum should be empowered to purchase and take the 'several Messuages, Buildings, Pieces or Parcels of Land, and 'Hereditaments, abutting on Great Russell Street aforesaid and on Montague Street in the said Parish of Saint George Bloomsbury, which are specified in the Schedule annexed to this Act:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen'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 Meaning of cerAuthority of the same, That in the Construction of this Act every tain Words in 2 & 3 VICT. 6 D Word this Act. Trustees empowered to purchase the Houses and Hereditaments required. Errata in the Corporations under Disability and others empowered to sell and convey. Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Plural Number shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male; and the Word " Corporation" shall be understood to mean any Body Politic, Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole; unless in any of the Cases aforesaid it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction. II. And be it further enacted, That it shall be lawful for the Trustees of the British Museum to contract for, purchase, and take, upon the Terms and Conditions and subject to the Provisions herein-after contained, the several Messuages, Buildings, Pieces or Parcels of Land, and Hereditaments specified in the Schedule to this Act annexed, with their Appurtenances, and all subsisting Leases, Terms, Estates, Rights, and Interests whatsoever therein respectively. III. Provided always, and be it further enacted, That it shall be lawful for the Trustees of the British Museum to contract for, purchase, and take the said Messuages and other Hereditaments mentioned in the said Schedule to this Act annexed, notwithstanding the particular Description of such Messuages and other Hereditaments, or any of them, or the Names of the Owners or Occupiers thereof respectively, may happen through Inadvertence to be mis-stated, omitted, or improperly mentioned or spelt in the said Schedule. IV. And be it further enacted, That it shall be lawful for all Corporations, Tenants in Tail or for Life, or for any other partial or qualified Estate or Interest, Husbands, Guardians, Trustees, Feoffees in Trust for charitable or other Purposes, Committees, Executors, Administrators, and all Trustees and Persons whomsoever, not only for and on behalf of themselves, their Heirs and Successors, but also for and on behalf of all Persons entitled in Reversion, Remainder, or Expectancy after them, and for and on behalf of their Wives entitled to Dower or Jointure or other Provision, and for and on behalf of their Wards, Lunatics, and Idiots respectively, and in the same Manner and to the same Extent as such Wives, Wards, Lunatics, and Idiots respectively could themselves have done by Law under the Powers of this Act in case they had been sole, of full Age, and of sound Mind, and for and on behalf of their Cestuisque Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Persons, and for all Femes Covert seised, possessed of, or interested in their own Right, or entitled to Dower or other Interest in, and for all other Persons whomsoever seised or possessed of or interested in any Messuages or other Hereditaments hereby authorized to be purchased as aforesaid, to contract for, sell, and convey the same or any Part thereof unto the Trustees of the British Museum; and all such Contracts, Sales, and Conveyances shall be made at the Expence of the Trustees of the British Museum; and all such Conveyances may be made, unless where the Trustees of the British Museum may be advised that the same is not applicable to to the Circumstances of the Case, or where it may be necessary or desirable to insert particular Covenants, Conditions, or Agreements, according to the following Form, or as near thereto as the Number of the Parties and the other Circumstances of the Case will reasonably admit; that is to say, I of in consideration of the Sum Form of Conof paid to me [or, as the Case may be, into the veyance. 'Bank of England, in the Name and with the Privity of the Accountant General of the Court of Exchequer, ex parte the Trustees of the British Museum, or to A.B. · of and C.D. of Two Trustees appointed to receive the same, pursuant to the Act after ' mentioned], do hereby, in pursuance of an Act passed in the Year of the Reign of Her Majesty Queen Victoria, inti'tuled [here set forth the Title of this Act], convey to the Trustees of the British Museum, their Successors and Assigns, all [de'seribing the Premises to be conveyed], together with all Ways, Rights, and Appurtenances thereunto belonging, and all such 'Estate, Right, Title, and Interest in and to the same and every 'Part thereof as I am or shall become seised or possessed of or 'entitled to, or am by the said Act capacitated or empowered to 'convey, to hold the Premises to the Trustees of the British 'Museum, their Successors and Assigns, for ever, according to the 'true Intent and Meaning of the said Act. In witness whereof 'I have hereunto set my Hand and Seal the Day of And all such Conveyances shall be valid and effectual in the Law to all Intents and Purposes, and shall operate to merge all Terms of Years attendant by express Declaration or by Construction of Law on the Estate or Interest so thereby conveyed, and to bar and destroy all Estates Tail, and all Titles to Dower, and all other Estates, Rights, Titles, Remainders, Reversions, Limitations, Trusts, and Interests whatsoever of and in the Messuages or other Hereditaments in such Conveyances respectively comprised; but although Terms shall be merged they shall in Equity afford the same or the like Protection and Priority as if they were assigned and kept on foot in Trust for the Trustees of the British Museum, and to attend the Reversion and Inheritance. V. And be it further enacted, That in all Cases in which a Part Rents on Leases only of any Hereditaments comprised in any Lease or Agreement to be apporfor Lease for a Term of Years unexpired shall be required for the tioned. Purposes of this Act, the Rent payable in respect of the Hereditaments comprised in such Lease or Agreement for Lease shall be apportioned between the Hereditaments required for the Purposes of this Act and the Residue of such Hereditaments; and such Apportionment shall, in case the same shall not be settled by Agreement between the Parties, be ascertained and settled by the Verdict of a Jury, if required, in like Manner as the Price of any Hereditaments to be taken in pursuance of this Act is directed to be settled in case of Dispute as to the Value thereof; and in case such Apportionment shall be settled by Agreement between the Parties, such Agreement shall be made with and shall not be valid without the Consent and Approbation of the Lessor from whom such Hereditaments are holden or agreed to be holden; and after D 2 such Power to pur chase the Release of Hereditaments from Rents charged thereon. such Apportionment the Tenant or Lessee of the Hereditaments comprised in such Lease or Agreement for Lease shall as to all future accruing Rent be liable only to so much of the Rent reserved in such Lease or Agreement for Lease as shall have been apportioned in respect of the Hereditaments not required for the Purposes of this Act; and the Lessor of the said Hereditaments shall have all such and the same Remedies for the Recovery of the Rent so apportioned in respect of the Hereditaments not required for the Purposes of this Act as before such Apportionment he had or was entitled to in respect of the Rent reserved or agreed to be reserved in such Lease or Agreement for Lease; and such Apportionment shall not prejudice or affect any of the Covenants, Conditions, or Agreements in such Lease or Agreement for Lease contained, so far as the same relate to the Hereditaments comprised in such Lease or Agreement for Lease, and not required for the Purposes of this Act, but the same shall, as to such last-mentioned Hereditaments, but not otherwise, continue in full Force and Operation. VI. And be it further enacted, That in all Cases where any of the said Messuages or other Hereditaments purchased or intended to be purchased by the Trustees of the British Museum shall be subject to or charged with any Rent, Payment, or Incumbrance, (either solely, or jointly with any Hereditaments purchased or not intended to be purchased,) it shall be lawful for the Trustees of the British Museum to agree for the Release of the Hereditaments so purchased or intended to be purchased from such Rent, Payment, or Incumbrance, and also (when necessary or convenient) for an Apportionment of such Rent, Payment, or Incumbrance, for such Consideration in Money as shall be agreed on between the Trustees of the British Museum and the Party who under the Provisions of this Act shall agree to sell or apportion the same, and which Agreement may be entered into by all Corporations and Persons by this Act authorized and empowered to sell or convey Hereditaments; and in case any Difference shall arise respecting the Value of such Rent, Payment, or Incumbrance, or respecting the Apportionment thereof, the same shall be determined by a Jury, if required, in like Manner as the Price of Hereditaments is by this Act directed to be settled in case of Dispute as to the Value thereof; which Jury shall assess and determine the Value of the Rent, Payment, or Incumbrance affecting the Hereditaments purchased or intended to be purchased, and shall also (where necessary) apportion the Rent, Payment, or Incumbrance according to the respective Value of the Hereditaments purchased or intended to be purchased, and of the Hereditaments not intended to be purchased, out of or from which such Rent, Payment, or Incumbrance shall be jointly issuing; and all Contracts, Conveyances, and Assurances which shall be made by and between the Trustees of the British Museum and by any such Party as aforesaid respecting such Release (and which may be of the like Form, mutatis mutandis, as by this Act is directed or authorized to be used in the Case of Conveyances of Hereditaments) shall be valid and effectual in the Law, and shall extinguish the Whole or a proportionate Part of such Rent, Payment, or Incumbrance, as the Case may be: Provided always, that when the said Hereditaments so pur chased |