oath, the said

taken of the whole of said glebe lands, or of such part or parts thereof as will sufficiently enable the bishop to judge of the convenience and expediency of the proposed exchange, and also of the glebe or parsonage house, buildings, and premises, any part of which it is proposed to exchange, as well as of the other lands, house, buildings, and premises, proposed to be taken in exchange; and shall, in cases of purchase, be made and taken of the whole of the lands, &c. so to be purchased; and in cases of exchange the same surveyor shall, in like manner, Such surveyor make a valuation on oath, (to be administered as afore- to value, upon said) of the said glebe lands, house, &c. and also of the lands, &c. and lands, house, &c. intended to be taken in exchange, and, all timber, in cases of purchase, the same surveyor shall, in like manner, make a valuation on oath, of the lands, &c. so intended to be purchased; and every such valuation shall distinctly specify the value of all timber and other trees growing thereon, and of the rights of common, and of all mines, minerals, and quarries, (if any) and of all other rights, profits, and advantages, to the said premises or either of them, or any part or parcel of the same, respectively belonging. And by s. 16. in all cases as well of exchange as of purchase under this act, the bishop, on Bishops to issue commissions of receiving such maps and valuation, shall, if he shall in the inquiry prefirst instance so far approve of said exchange or purchase, vious to any issue a commission of inquiry under his hand and seal, purchase being directed to such persons as he shall think proper, not effected under this act. being fewer than 6 in number, and of whom S at the least shall be beneficed clergymen actually resident in the neighbourhood of the benefice, &c. whereto it shall be proposed to annex any buildings or lands by exchange or purchase under this act, and of whom one shall be a barrister at law of 3 years standing at the least, to be named by the senior judge in the last preceding commission of nisi prius for the county in which the said benefice, &c. shall be situate, [*or if the benefice, &c. be situate within (56 Geo. 3. the county palatine of Chester, or principality of Wales, E. & W.) then

1

The clause within the crotchets is the amendment of the 56 Geo. 3. c. 5. s.3.

S. 16.

exchange or

c 52.s. 2.

Majority to sign return.

mission what to certify.

then such barrister to be named by the chief justice for the time being of the county palatine of Chester, or by the justice (or, in case of his absence, the other justice) of the great sessions for those counties of Wales, within which the said benefice, &c. shall be situate]; and the return to which commission of inquiry shall be made and signed by a majority of persons therein named, after an actual inspection by them of all the premises, with such map and valuation before them, and not otherwise; and 3 at least of the persons making and signing the same, shall be either 3 such beneficed clergymen actually resident as aforesaid, or 2 at least of such beneficed clergymen, &c. together with such barrister as aforesaid; and in no case shall any exchange or purchase be effected under this act, unless such commission shall have been previReturn to com- ously issued and returned, and unless the return to such commission, so made and signed as aforesaid, shall certify that after an actual inspection and examination of the premises, such exchange, &c. in the judgment of the persons making the said return, is proper to be made, and will promote the permanent advantage or convenience of the incumbent of such benefice, &c. and his successors in the same. By s. 17. whenever the patron of any beneWhere patron a fice, &c. to which the provisions of this act extend, shall be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian, committee, or husband of such patron, to transact the several matters, and execute the requisite deeds as aforesaid, for such patron, who shall be bound thereby. Provided (s. 18.) that where the Where patron patronage of any benefice, &c. to which the provisions of this act extend, shall be in the crown, and such benefice or living shall be above the yearly value of £20 in the king's books, the consent of the crown to the several proceedings hereby authorized respecting such benefice, &c. shall be signified by the execution of the deeds or instruments herein before directed, by the lord high treasurer or first lord commissioner of the treasury for the time being; but if such benefice, &c. shall not exceed the yearly value of £20. in the king's books, such consent

s. 17.

minor, &c.

guardian, &c. may execute deed.

s. 18.

age is in the crown, deed how executed.

shall

s. 19.

shall be signified by such execution by the lord chancellor, &c.; and if such benefice, &c. shall be within the patronage of the crown, in right of the duchy of Lancaster, then such consent shall be signified by the execution of such deeds or instruments by the chancellor of the said duchy for the time being. And by s. 19. one part of all deeds and instruments to be made and executed in One part of ull deeds, maps, &c. pursuance of this act, together with the maps and valua- to be deposited in the office of tions, and the commissions of inquiry and returns to the registrar of the same herein-before directed, shall, within 12 calendar diocess, &c. months next after the dates thereof, be deposited in the office of the registrar of the diocess, to be perpetually kept therein, except as to those benefices which are under the peculiar jurisdiction of any archbishop or bishop, in which case such document shall be deposited in the office of the registrar of that peculiar jurisdiction to which any such benefice. &c. shall be subject; and such registrars shall respectively, &c. deposit and preserve the same, and shall give and sign a certificate of such deposit thereof, to be written on a duplicate, or on any other part of the said deeds, or any of them, or on some other separate parchment, paper, or instrument; and every such deed, &c. shall be produced at all proper and usual hours at such registry, to every person applying to inspect the same, What fees to be and an office copy of each such deed, &c. certified under paid for office copies of such the hand of the registrar, (which the registrar shall grant deeds, &c. to every person who shall apply for the same,) shall be allowed as legal evidence thereof in all courts; and every such registrar shall be entitled to 10s. (besides the stamp duty if any,) for such commission and the previous requisites thereof; and the sum of 5s. for so depositing the said deeds, settlements, map, survey, valuation, commission, and instruments, and so certifying such deposit thereof; and 1s. for each such search, and 6d. (besides the stamp duty,) for each folio of 72 words of each such office copy so certified as aforesaid. By s. 20. such of s. 20. the forms contained in the schedules of the said recited The schedules of acts 17 Geo. 3. c. 53. and 21 Geo 3. c. 66. as are appli- and 21 Geo. 5, cable to the provisions of this act, and with such variations c. 66. applied to

17 Geo 3. c.53.

this act.

s. 21.

as shall render the same so applicable, shall be used and applied to the purposes of this act. Provided (s. 21.) that Proviso as to nothing in this act shall repeal or abridge any law now in laws enabling prsons to aug- force, enabling any person or corporation, &c to augment ment. &c. bene- or improve any ecclesiastical benefice, &c.

fices.

may apply the prices of timber cut on glebe

lands. &c, towar is the ex

26 Geo. 3. c.52. E. & W.

This act is amended by the 56 Geo. 3. c. 52. E. & W. Incumbents of benefices. c, which provides, that it shall be lawful for the incumbent of any benefice, perpetual curacy, or parochial chapelry, with the consent of the patron of such benefice, &c. and of the bishop of the diocess wherein the same is change or purchuse of houses, locally situate, or of the archbishop or bishop to whom the peculiars wherein such benefice, &c. is situate shall belong, (such consent to be signified as in the 55 Geo. 3. c. 147. is mentioned,) to pay and apply the monies to arise by sale of any timber cut and sold from the glebe lands of such benefice, &c. or from any other land, whether copyhold holden under any manor of such benefice, &c. or otherwise, the timber whereof belongs to such benefice, &c. either for equality of exchange, or towards and in part of equality of exchange, or for the price or purchase money, or in part of the price, &c. of any house, outbuildings, yards, gardens and appurtenances, or any lands, or any or either of them, by the 55 Geo. 3. c. 147. authorized to be taken in exchange, or to be purchased, and after such exchange to be annexed to and become the parsonage and glebe house, and glebe lands and premises of such benefice, &c. as in the 55 Geo. 3. c. 147. is mentioned. (vide s. 2. ante page 143.)

Rectors, &c.

may exchange

distant glebes,

or part thereof. for lands more

contiguous.

2. Ann. c. 10. Ir.

P. 345. l. 8. The 2 Ann. c. 10. Ir. (which was continued from time to time by five several statutes, and finally made perpetual by the 40 Geo. 3. c. 96. s. 1. Ir.) was omitted to be stated in the original work, and is therefore proper for this place. This statute enacts, that it shall be lawful for the several rectors, vicars, and other persons having any cure of souls in Ireland, by deed or deeds, to exchange such glebes as lie at a distance from the parish church, or any part of such glebes, with any archbishop, bishop, or other [person] for lands of equal value, worth, and pur

*Extended to lay corporations by 13 & 14 Geo. 3. c. 27, s. 2. Ir.

chase

Consent of bi

shop dean and

5. 2.

chase, [*lying near and convenient to said church]: provided the bishop of the diocess, with his dean and chapter, under his and their common seals, and the patron of such church, or his lawful attorney, (where the patronage chapter, and patron, required. is in any other than the bishop,) under his hand and seal, to such deed or deeds of exchange, approve thereof; and where the patronage is in the crown, the chief governor of Ireland is empowered to give consent, &c. under his hand and seal. But by s. 2. before the sealing and perfecting Jury to inquire such deeds of exchange, the sheriff of the county, where of value, &c. of both or either of the lands to be exchanged shall be, at lands, and conveniency of exthe request of the bishop, patron, and parties concerned, change. may call a jury of 12 good and indifferent freeholders, whereof notice shall be given at some preceding county court, and likewise of the time and place where and when the said jury is to meet; and the said jury shall inquire of the true value and quantity of the lands, and conveniency of the exchange, &c. by the oaths of good, knowing, and substantial witnesses; and the said value and conveniency so found, together with the mears and bounds thereof, Return made shall return to the bishop where both or either of the said lands so to be exchanged are; who shall procure the said return and deeds of exchange to be recorded in the court of exchequer, in the first remembrancer's office; for which inquest the sheriff shall receive a fee of 10s. ; and the remembrancer, for recording the same and the said deeds, shall receive 6s. 8d. and no more. By s. 3. the said lands 8.3. so given in exchange for such glebes, or any part thereof The old glebe to so exchanged, shall be held, &c. by such rectors or vicars, same uses as and their successors for ever, as glebe, notwithstanding land exchanged. the same did formerly belong to any archbishop, bishop, tenant for life or in tail, with the consent of the person immediately next in remainder; and such old glebe, or the part so given in exchange, shall remain to such uses as

the

The 5 Geo. 2. c. 6. Ir. which continued this act for 21 years, authorized (by s. 8.) the exchange for land more conveniently situated though not so near the church, but the 40 Geo. 3. c 96. Ir. which perpetuates the 2 Ann. c. 10. does not notice this amendment.

and recorded.

stand limited to