Houses. only, after such consent shall have been obtained as afore. Residence said from the said Lord High Treasurer, First Commissioner of the Treasury, Lord Chancellor, Lord Keeper, Lords Commissioners of the Great Seal, or Chancellor of the duchy of Lancaster respectively, as the case shall be, provided such consent shall be registered at the register office aforesaid. Arch bishops, &c. who are lords of manors which con waste lands convenient XXI. And be it further enacted, that it shall and may be lawful for any archbishop or bishop of any diocese, and also for any ecclesiastical corporation, sole or aggregate, being lord or lords of any manor within which there shall be any waste or common lands, parcel of the demesnes tain any of such manor, lying convenient for the house and buildings, and other the purposes of this act, to grant a part or parts of such waste or common lands in perpetuity for the several purposes of this act, leaving sufficient common for the several persons having right of common upon such wastes or commons, and obtaining the consent of the lessee of such lands if the same shall be in lease. for the purposes of this grant a act to part thereof in perpetuity, &c. Residence Houses. ANNO VICESIMO PRIMO GEORGII III. REGIS. 17 G. 3. c. 53. CA P. LXVI. An Act to explain and amend an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled "An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and effectual building, rebuilding, repairing, "or purchasing Houses and other necessary Buildings "and Tenements for the Use of their Benefices." HEREAS by an act passed in the seventeenth year of the reign of His present Majesty, intituled "An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and "effectual building, rebuilding, repairing, or purchasing "Houses and other necessary Buildings and Tenements "for the Use of their Benefices," it is enacted, amongst other things, that the incumbent of every living or benefice of which the glebe, tithes, rents, and profits shall be mortgaged for the purposes of the said act shall pay the interest arising upon every such mortgage yearly as the same shall become due, and also five pounds per centum per annum if such incumbent was resident, and ten pounds per centum per annum if non-resident, of the principal remaining due, by yearly payments, which words, if literally understood and observed, would, contrary to the true intent and meaning of the said act, render the discharge of the principal sum impracticable, and thereby discourage persons from lending money upon such secu rities : Residence Houses. bent of every living whereof the glebes, &c. have been or shall be mortgaged for the pur rities: Be it therefore enacted by the King'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 the incumbent of every living or benefice of which The incumthe glebes, tithes, rents, and profits have been or shall be mortgaged for the purposes of the said act shall from and after the passing of this act well and truly pay or cause to be paid to every such mortgagee, over and besides the interest of the principal money due upon such mortgage, the sum of five pounds per centum per annum if resident, or ten pounds per centum per annum if non-resident, of the money originally advanced upon such mortgage, until the whole of the said principal money shall be discharged; and if upon any such mortgage or mortgages already made less shall have been paid by the present incumbent than what is hereby directed to be paid, he shall and he is hereby required, within six months after the passing of this act, to make up the deficiency; and in default of payment thereof within the time aforesaid the same shall be recovered in such and the same manner as the interest is recoverable by virtue of the provisions in the said recited act. poses of the recited act shall pay to gagee, the mort besides in terest, 5 per cent. if non Forms in the schedule to be II. And be it further enacted, that the forms contained in the said schedule respecting the allowance of accounts, and the bond and receipt to be given by the nominee as observed. directed by the said recited act, or forms to the like effect, shall be observed and complied with in the execution of this and the said recited act. III. And be it further enacted, that this act and every Public act. thing herein contained shall be deemed, adjudged, and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same. Residence ANNO PRIMO VICTORIE REGINÆ. 17 G. 3. c. 53. 21 G. 3. c. 66. Extension of the pro visions of C A P. XXIII. An Act to amend the Law for providing fit Houses for the WHEREAS for further promoting the residence of the clergy it is expedient and desirable that the powers and provisions given and made by an act passed in the seventeenth year of the reign of King George the third, intituled "An Act to promote the Residence of "the Parochial Clergy by making Provision for the more 66 speedy and effectual building, rebuilding, repairing, "or purchasing Houses and other necessary Buildings "and Tenements for the Use of their Benefices," as the same are explained and amended by an act passed in the twenty-first year of the same reign, intituled "An Act "to explain and amend an Act made in the Seventeenth "Year of the Reign of His present Majesty, intituled "An Act to promote the Residence of the Parochial Clergy, by making Provision for the more speedy and "effectual building, rebuilding, repairing, or purchasing "Houses and other necessary Buildings and Tenements "for the Use of their Benefices,' should be extended: Be 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 immediately after the passing of this act it shall be lawful for the incumbent of any benefice to borrow borrow and take up at interest for the purposes of the said acts, and also for the purpose of buying or procuring, if necessary, a proper site for a house and other necessary buildings, or for the purposes of the said acts only, any sum or sums of money not exceeding three years net income of such benefice, and to take all such proceedings as are required in and by the said acts (so far as the same are applicable for that purpose), and, as a security for the money so to be borrowed, to mortgage the glebe, tithe, rent charges, rents, and other profits and emoluments belonging to such benefice, to such person or persons, corporation or corporations aggregate or sole, as shall lend the same money, by one or more deed or deeds, for the term of thirty-five years, or until the money so to be borrowed, with interest for the same, and such costs and charges as may attend the recovery thereof, shall be fully paid and satisfied, according to the terms. and conditions of the said acts (so far as the same are applicable, and not hereby repealed or altered); and that from and after the expiration of the first year of the said term (in which year no part of the principal sum borrowed shall be repayable) the incumbent shall yearly and every year (such year to be computed from the day of the date of the mortgage) pay to the mortgagee one thirtieth part of the said principal sum, until the whole thereof shall be repaid, and shall at the end of the first and each succeeding year pay the early interest on the said principal sum, or on so much thereof as shall from time to time remain unpaid, in each case according to the terms and conditions of the said acts, except so far as the same are hereby repealed or altered; and such mortgage deed or deeds shall be made as nearly as may be in the form or to the effect of the form contained in the schedule to the said acts or one of them, and shall bind every succeeding incumbent of such benefice until the principal and interest, costs, and charges, shall be paid off and discharged, as fully and effectually as if such successor had made and executed the same. II. And recited acts the repairrelating to ing and building of residence. houses of |