Augmented donatives to be vifited by the bishop. No donative augmented without the patron's con fent, of any dona- to the minifter of fuch aug mented donative, &c. and fuch agreements change all, or any part of the eftate fettled for the augmentation thereof, for any other eftate in lands or tithes, of equal or greater value, to be conveyed to the fame ufes. XIV. And be it further enacted by the authority aforefaid, That all fuch donatives which are now exempt from all ecclefiaftical jurifdiction, and shall be augmented by virtue of the pow ers given by this act, fhall be fubject to the vifitation and jurifdiction of the bishop of the diocefe wherein fuch donative is, to all intents and purposes of law whatsoever. XV. Provided always, That no donative fhall be augmented without the confent of the patron or patrons in writing, under his or their hands and feals first had and obtained. XVI. Provided alfo, That where it fhall fall to the lot of any donative, curacy, or chapelry, to receive an augmentation from the faid bounty, according to the rules already established, or hereafter to be eftablished, it shall and may be lawful to and for the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, and they are hereby impowered, before they make the fame augmentation, to treat and agree with the patron of any donative, impropriator of any rectory impropriated without endowment of any vicarage, or parfon or vicar of any mother-church (as the case shall happen to be) for a perpetual yearly, or other payment or allowance to the minifter or curate of fuch augmented donative, curacy, or chapelry, and his fucceffors, to be made in all fucceeding times by fuch patron, impropriator, parson or vicar, and his and their heirs and fucceffors, and for charging and fubjecting the impropriate rectory, or the mother-church, or vicarage therewith, and thereunto, in fuch manner, and with fuch remedies as they fhall be thought fit; and fuch agreements made with the King's most excellent majesty, his heirs and fucceffors, hall be effec- under his or their fign manual, or with any bodies politick or corporate, or any other perfon or perfons having any eftate or intereft, in poffeffion, reverfion, or remainder, in any fuch impropriate rectory in his or their own right, or in right of his or their churches or wives, or with the guardian or guardians of any perfon or perfons having fuch efate or intereft, or with any parfon or vicar of any mother-church, fhall be as effectual to all intents and purposes with refpect to fuch charges, as agreements made with his Majefty, his heirs and fucceffors, or with the fame perfon or perfons, bodies politick or corporate respectively, touching the patronage or right of presentation or nomination to the fame cures, touching which fuch agreements shall be refpectively made; and in cafe fuch impropriator, other than the King's majefty, his heirs and fucceffors, and fuch parson or vicar, will not or fhall not make fuch agreement with the faid governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy; it fhall and may be lawful to and for the faid governors to refufe fuch augmentation, and to apply the money arifing from the late Queen's faid bounty, tual. And if fuch inipropriator governors fach augmen tation. which ought to have been imployed therein, for augmenting fome other cure, according to the rules then in force. had been re XVII. And whereas the before-mentioned acts of parliament, of the The certificate fifth and fixth years of the reign of her faid late Majefly, were, for for the diocefe the diocefe of Chichester, not executed in due time, and in many di- of Chichester, ocefes not with that exact certainty of the yearly values and diftinction dated Dec. 24. of medieties in the certificates, as regularly ought to have been; and 1708, and reJome fmall prebends in cathedral churches were, by reafon of their be- Exchequer, maining in the ing dignities, omitted in fome certificates, although they have the cure fhall be as efof fouls thereto annexed, and are therefore livings with cure of fouls fectual as if it within the words and meaning of the faid acts: for fupplying the de- turned in due fect in the execution of the faid former acts of parliament; be it en- time. acted by the authority aforefaid, That the certificate for the diocefe of Chichester, dated the twenty-fourth day of December one thousand seven hundred and eight, which was received in the court of Exchequer at Weltminster, and is now remaining there, fhall be as effectual, to all intents and purposes, as if the fame had been fealed and returned into the faid court of Exchequer, within the times limited by the faid refpective acts of parliament in that behalf made; and also that all and every the churches, vicarages and livings, in and by the faid certificate, or in and by the certificates made and returned in due time, or any of them, certified to be under fifty pounds per annum, and each mediety therein, fhall be entitled to, and have the benefit of the faid refpective discharges by the said several acts of parliament, as fully, to all intents and purposes, as if the precife yearly vaJue had been expreffed, and the medieties diftinguished in fuch certificate and certificates: and further, that it shall and may be And the golawful to and for the faid governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor cler- theExchequer certify into gy, under their common feal, to be affixed at a court of the faid the prebends governors, and under the hands of the governors then prefent, under the to certify into the court of Exchequer the names of fuch pre- yearly value of bends in cathedral churches, under the yearly value of fifty not named in 501. though pounds, the prebendaries whereof have the immediate cure of any former fouls of the refpective parishes whereof fuch prebends are deno- certificate, minated, although the fame were not named in any former certificate; and fuch certificate and certificates of the faid gover-tificates (hall nors, being returned into the faid court of Exchequer, fhall be be effectual. as effectual to all intents and purposes of the faid two beforementioned acts of parliament, as if the prebends therein named had been duly certified within the times in the said acts limited, and by the perfons, and in the manner therein directed. vernors may and fuch cer XVIII. And whereas notwithstanding the utmoft diligence of the Livings not bifbops to inform themfelves of, and certify into his Majefty's court of certified, Exchequer, all the livings in their respective diocefes under the clear which the bifhops may improved yearly value of fifty pounds, in pursuance of the faid acts, certify before the feveral livings within the refpective diocefes bereafter named, March 25 though fuppofed to be under the value of fifty pounds per annum, have 1716. either not been certified, or if certified, the certificates of them have been loft, or not duly entred, or by fome other mistakes it has so hap pened pened that the faid livings have not yet bad the benefit defigned them by the faid acts; be it further enacted by the authority aforefaid, That it shall and may be lawful for the bishops of the faid diocefes, at any time before the twenty-fifth day of March one thousand feven hundred and fixteen, to certify into the court of Exchequer the livings following, or fuch of them, as shall appear to the refpective bishops to be under the value of fifty, pounds per annum, (viz.) in the diocese of York, the rectory of Saint Michael apud Pontem de Ouze in the city of York, the vicarage of Skipwith, the vicarage of Kilham, the vicarage of NorthLeverton, the vicarage of Norwell Overhall: in the diocefe of Bangor, the vicarage of Lanunda, the vicarage of Llanfair Isgaer, the vicarage of Llanor, the vicarage of Nevin, the vicarage of Abererch, the vicarage of Conway, the vicarage of Dwygyfylche : in the diocese of Carlisle, the rectory of Kirkbride, the rectory of Dufton, the vicarage of Edenball: in the diocese of Chichester, the vicarage of Sela, the rectory of Beata Maria in Weftout Lewes, the rectory of Chalton, the rectory of Winchelfey, the vicarage of Bernehill in the diocese of Saint Davids, the vicarage of Merchir alias Mathre, the vicarage of Saint Winnock alias Saint Twinnells in the diocese of Litchfield and Coventry, the vicarage of Hartington, the vicarage of Saint Mary's in Litchfield, the fouth mediety of Darleigh, the vicarage of Gloffop in the diocese of Lincoln, the rectory of Bellew alias Hellow, the vicarage of Elham, the rectory of Normamby, the rectory of Snarford, the vicarage of Buckingham, the rectory of Okeney, the vicarage of Mentmore, the vicarage of Miffenden Magna, the vicarage of Swanburn: in the diocefe of Norwich, the vicarage of South-Walfam, the rectory of Framlinghams, the vicarage of Burnham-Overy, the vicarage of Scarning, the vicarage of Nectans, the vicarage of Melton Parva, the rectory of Repham Medietas & altera Medietas, the vicarage of Thurston, the vicarage of Colkirke, the rectory of Catfields, the vicarage of Henly, the rectory of Newborn, the rectory of Culpho, the rectory of Dunwich Johannis, the rectory of Pakefields, the rectory of Melford Longa, the vicarage of Finborow Parva, the rectory of Willingham alias Ellough, the rectory of Bromefwell in Wilford: in the diocefe of Oxford, the vicarage of Stanton-Harcourt: in the diocese of Peterborough, the vicarage of Cranley in the diocese of Winchester, the vicarage of Shaland they hall ford, and the vicarage of Ellingham: and the faid livings fo cerfit of the acts tified, fhall have the benefit of the two fore-mentioned acts of of 5 An. c.24. parliament, as effectually, to all intents and purposes, as if and 6 An.c.27. they had been duly certified within the time limited by the faid have the bene acts. XIX. And be it further enacted by the authority aforefaid, That the courts and committees of the faid governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, fhall have power and authority, and are The gover hereby authorized and impowered, from time to time, to adnors impow- minister an oath to such person and perfons as fhall at any time ered to adminilter oaths. give them information, or be examined of or concerning any matter matter or thing relating to the execution of this or the faid for mer acts of parliament, or any way concerning the trust in them reposed. the entries to XX. And be it further enacted by the authority aforefaid, AugmentaThat all the augmentations, certificates, agreements, and ex- tions, &c. to changes hereafter to be made, by virtue of or in purfuance of be entred, and this act, fhall be carefully examined and entred in a book to be be taken as provided and kept by the governors for that purpose, the faid records; and entries being approved at a court of the faid governors, and at- attested copies tefted by the governors then prefent, fhall be taken to be as re- be good evicords, and the true copies thereof, or of the faid entries, being dence in law. proved by one or more credible witneffes, fhall be deemed, taken, and adjudged to be good and fufficient evidence in law, touching the matters contained therein, or relating thereto. thereof shall XXI. And to the end that churches and chapels may at all times Lands, &c. albe capable of receiving augmentations for the maintenance of the mini- lotted to any fers thereof; be it enacted by the authority aforefaid, That if church, &c. by deed under the governors of the bounty of Queen Anne for the augmenta- the governor's tion of the maintenance of the poor clergy, fhall by any deed feal, fhall go or inftrument in writing under their commom feal, allot or ap- in fucceffion, ply to any church or chapel, any lands, tithes, pr heredita- &c. ments, arifing from the faid bounty of her faid late Majefty, or from private contribution or benefaction, or from all or any the ways aforefaid, and fhall declare, That the fame fhall be for ever annexed to fuch church or chapel, then fuch lands, tithes, and hereditaments, fhall from thenceforth be held and enjoyed, and go in fucceffion with fuch church and chapel for ever; and fuch augmentation fo made fhall be good and effectual, to all' intents and purposes whatsoever, whether fuch church or chapel, for which fuch augmentation is intended, be then full or vacant of an incumbent or minifter; provided fuch deed or in- fuch deed beftrument be enrolled in the high court of chancery within fix ing inrolled in months after the day of the date thereof. fix months. Vide 3 Geo. 1. cap. 10. CAP. XI. An att to reftrain all waggoners, carriers, and others, for drawing any carriage with more than five horfes in length. W HEREAS in and by one act of parliament made in the fixth 6 Ann. c. 29. ·year of her late Majefty, intituled, An act to repeal a clause in an act of the feventh year of the reign of his late Majefty (for amending and repairing the highways) which enjoins waggoners and others to draw with a pole between the wheel-horses, or with double fhafts, and to oblige them to draw only with fix horfes, or other beafts, except up hills, it is among other things enacled, That from and after the four and twentieth day of June one thousand feven hundred and eight, no travelling waggon, wain, cart or carriage, wherein any burthens, goods or wares fhould be carried or drawn, other than fuch carts and carriages as were or should be imployed in or about husbandry or manuring of land, and in carrying of bay, bay, firaw, corn, coal, chalk, timber for shipping, materials for building, flores of all forts, or fuch ammunition or artillery as should be for the fervice of her Majesty, her heirs or fucceffors, fhould at any one time travel, be drawn, or go in any comman or publick highway or road, with above fix borfes, oxen, or beafts, upon and under the pains and penalties, and fubject to the provifo therein mentioned: and whereas the exceffive weights or loads laid upon waggons or other carriages drawn by fix horfes, as aforefaid, are found by experience to be fo heavy and burthenfome, that the roads are thereby rendred almoft impaffable: for remedy whereof, be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That from After Sept. 30, and after the thirtieth day of September one thousand feven hun1715. no wag- dred and fifteen, no travelling waggon, wain, cart or carriage, gon, &c. thall wherein any burthens, goods and wares thall be carried and above five hor- drawn (other than and except as in the recited act is excepted) fes, &c. in fhall at any one time be drawn or go in any common or publength, under lick highway or road with above five horses, oxen, or beafts in the penalties length, upon the like pains, penalties and forfeitures, and fubject to the provifoes in the faid recited act mentioned, or in an act made in the ninth year of her faid late Majesty's reign, to render more effectual the faid recited act of the fixth year of her faid Majefty's reign; the said recited statute, or any clause therein contained, or any other ftatute to the contrary in any wife. notwithstanding. be drawn with in the acts 6 Ann. c. 29, and 9 Ann. C. 18. II. Provided, and it is enacted by the authority aforefaid, The exception in the faid acts That the faid exception in the faid acts, or either of them conthall not ex- tained, or in any other acts whatsoever, fhall not extend or be tend to thresh- conftrued to extend to the excepting the carriage of threshed Altered and made more effectual by 5 Geo. 1. c. 12. 16 Geo. 2. c. 29., 18 Geo. 2. c. 33. 24 Gro. 2. f. 43. ed corn or coal. corn and coal. CAP. |