45 Geo. III. c. 84. c. 36. GIFTS TO COLLEGES IN THE TWO UNIVERSITIES, 45 GEORGE An Act to Repeal so much of an Act, passed in the Ninth WHEREAS it is amongst other things provided by an act, passed in the ninth year of the reign of his late majesty King 9 Geo. II. George the Second, intituled, An Act to restrain the Disposition of Lands, whereby the same become unalienable, that no college or house of learning in either of the two universities within that part of the United Kingdom called England, which doth or shall hold or enjoy so many advowsons of ecclesiastical benefices as are or shall be equal in number to one moiety of the fellows, or persons usually styled or reputed as fellows, or where there are or shall be no fellows, or persons usually styled or reputed as fellows, to one moiety of the students upon the foundation whereof any such college or house of learning doth or may by the present constitution of such college or house of learning consist, shall, from and after the 24th day of June, 1736, be capable of purchasing, acquiring, receiving, taking, holding, or enjoying, any other advowsons of ecclesiastical benefices by any means whatever, the advowsons of such ecclesiastical benefices as are annexed to or given for the benefit or better support of the headships of any of the said colleges or houses of learning, not being computed in the number of advowsons hereby limited (b): and whereas the above restriction has been found by experience to operate to the prejudice of such colleges or houses of learning, by rendering the succession too slow and whereas the removal of such restriction will be for the benefit of such colleges or houses of learning, and of the said universities, and will tend to the promotion of learning, and to the providing a better supply of fit and competent parochial ministers; 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 from pur- by the authority of the same, that so much of the said statute holding ad- as is herein before recited shall be and the same is hereby So much of recited act as restrains colleges chasing or vowsons, repealed repealed. (b) Ante, pp. 247, 248, 827. BUILDING OF CHURCHES, CHAPELS, AND PARSONAGE HOUSES, 51 GEORGE III. c. 115, 26th June, 1811. An Act for amending the Act of the 43 George III., to promote the building, repairing, or otherwise providing the Churches and Chapels, and of Houses for the residence of Ministers, and the providing of Church Yards and Glebes (c). c. 115. Geo. III. c. 108. WHEREAS by an act passed in the forty-third year of his 51 Geo11. present majesty's reign, intituled, An Act to promote the 43 building, repairing, or otherwise providing of Churches and Chapels, and of Houses for the residence of Ministers, and the providing of Church Yards and Glebes; it was enacted, that every person and persons having in his or their own right any estate or interest in possession, reversion, or contingency of or in any lands or tenements, or of any property of or in any goods or chattels, should have full power, license, and authority, by deed enrolled, in such manner, and within such time as is directed in England by the statute made in the twentyseventh year of the reign of King Henry the Eighth, and in Ireland by the statute made in the tenth year of the reign of King Charles the First, for enrolment of bargains and sales; or by his, her, or their last will or testament in writing, duly executed according to law, such deed or such will or testament being duly executed three calendar months at least before the death of such grantor or testator, including the days of the execution and death, to give and grant to and vest in any person or persons, or body politic or corporate, and their heirs and successors respectively, all such his, her, or their estate, interest, or property in such lands or tenements not exceeding five acres, or goods and chattels, or any part or parts thereof, not exceeding in value 500l., for or towards the erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the said united church are or shall be used or observed, or any mansion house for the residence of any minister of the said united church, officiating or to officiate in any such church or chapel, or of any outbuildings, offices, church yard, or glebe for the same respectively, and to be for those purposes applied according to the will of the said benefactor in and by such deed enrolled, or by such will or testament executed as aforesaid expressed (the consent and approbation of the ordinary being first obtained), and in default of such direction, limitation, or appointment, in such manner as shall be directed and appointed by the patron and ordinary, with the consent and approbation of the parson, vicar, or other incumbent; and (c) Ante, pp. 832-835, 53-55, & n. (i). c. 115. may vest lands in any or chapel, or any house for the residence of a minister. 51 Geo. III. such person and persons, bodies politic and corporate, and their heirs and successors respectively, should have full capacity and ability to purchase, receive, take, hold, and enjoy for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons as shall be willing to sell or alien to such person or persons, bodies politic or corporate, any lands or tenements, goods or chattels, without any license or writ of ad quod damnum: and whereas doubts have arisen whether the powers and provisions of the said act will enable his majesty to make any such grant for the purposes before mentioned: and whereas it is expedient that the powers of the said act should be extended for that purpose; 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 His majesty same, that the king's most excellent majesty, his heirs and successors, shall have full power, license, and authority, by person for deed or writing under the great seal, or under the seal of his building or repairing duchy and county palatine of Lancaster, to give and grant any church and vest in any person or persons, bodies politic or corporate, and their heirs and successors respectively, all such his, her, or their estate, interest, or property in any lands or tenements within the survey of the court of exchequer, or of the duchy of Lancaster, for or towards the erecting, rebuilding, repairing, purchasing, or providing any church or chapel where the liturgy and rites of the said united church are or shall be used or observed, or any mansion house for the residence of any minister of the said united church officiating or to officiate in any such church or chapel, or of any outbuildings, offices, church yard or glebe for the same respectively, and to be for those purposes applied in and by such deed as aforesaid expressed, the consent and approbation of the ordinary being first obtained, and such person and persons, bodies politic and corporate, and their heirs and successors respectively, shall have full capacity and ability to receive, take, hold, and enjoy for the purposes aforesaid, any lands or tenements notwithstanding the statute of mortmain, or the act of the first 1 Annæ, c. 7. year of her late majesty Queen Anne, intituled, An Act for the better Support of Her Majesty's Household, and the Honour and Dignity of the Crown, or any other act or No grant to acts, or other impediment or disability whatsoever: provided exceed five always, that nothing in this act contained shall extend or be construed to extend to enable his majesty, his heirs and successors, to grant more than five acres in any one grant for any of the purposes aforesaid, or to alter or amend any of the provisions of the said act of the forty-third year of his present majesty, which are not hereinbefore specially named and mentioned. acres. c. 115. nor may acres of the cal pur II. And be it further enacted, by the authority aforesaid, 51 Geo. III. that it shall be lawful for any person or persons, bodies politic or corporate, seized of or entitled to the entire and absolute Any person having the fee simple of any manor, by deed under the hand and seal or fee simple hands and seals of any such person or persons, and under the of any maseal or seals of any such body or bodies politic or corporate, grant five and enrolled in the court of chancery, to grant to the rector, waste for vicar, or other minister of any parish church and his succes- ecclesiastisors, or to the curate or minister of any chapel and his suc- poses. cessors, any parcel or parcels of land not exceeding in the whole the quantity of five statute acres, parcel of the waste of such manor, and lying within the parish where such church or chapel shall be or shall be intended to be erected, or within any extra parochial district wherein any such chapel shall be or shall be intended to be erected, for the purpose of erecting thereon or enlarging any such church or chapel, or for a church yard or burying ground, or enlarging a church yard or burying ground for such parish or extra parochial place, or for a glebe for the rector, vicar, curate, or other minister of any such church or chapel, to erect a mansion house or other buildings thereon, or make other conveniences for the residence of such rector, vicar, curate, or other minister, freed and absolutely discharged of and from all rights of common thereon, and any statute prohibiting any alienation in mortmain, or other statute, law, or custom to the contrary notwithstanding: provided always, that no grant whatsoever Grants reshall be made of any land whatsoever, for any of the purposes parochial authorised by this act, unless the church or chapel for the churches or benefit whereof or of the minister whereof such grant shall be made, shall be a parochial church or chapel for the service of the united church of England and Ireland, duly authorised by law, or a church or chapel duly consecrated for the service of such church, or erected or to be erected for such purpose by and with the license and consent of the ordinary of the diocese wherein the same shall be. stricted to chapels. 52 GEORGE III. c. 101, 9 July, 1812. An Act to provide a summary Remedy in cases of Abuses of The two first sections of this act are stated verbatim ante, pp. 481-483; the third section exempted proceedings under it from stamp duty (d). (d) See 5 Geo. IV. c. 41, to repeal certain duties on law proceedings. 52 Geo. III. c. 102. REGISTRATION OF CHARITABLE DONATIONS, 52 GEORGE III. An Act for the registering and securing of Charitable WHEREAS charitable donations have been given for the benefit of poor and other persons in England and Wales to a very considerable amount, and many of the aforesaid donations appear to have been lost, and others from the neglect of payment, and the inattention of those persons who ought to superintend them, are in danger of being lost, or rendered very difficult to be preserved; 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 A memorial the same, that a memorial or statement of the real and perof deeds, &c. sonal estate, and of the gross annual income, investment, and charitable the general and particular objects of all and every charity and respecting donations already founded to be registered. The like of charitable charities, and charitable donations, for the benefit of any poor or other persons, in any place in England and Wales, which shall have been founded, established, made, benefited, increased, or secured, together with the names of the respective founders of or benefactors thereto, where known, and also of the person or persons in whose custody, possession, or control, the deeds, wills, and other instruments whereby such charities or charitable donations shall have been founded, established, made, benefited, increased, or secured, may be, and also of the names of the then trustee or trustees, feoffee or feoffees, possessor or possessors of such real or personal estate, shall, from and after six calendar months after the passing of this act, be registered by such person or persons who shall then be the trustee or trustees, feoffee or feoffees, possessor or possessors thereof, or some or one of such persons, in manner and in the form contained in the schedule to this act annexed, in the office of the clerk of the peace of the county, or city or town being a county of itself, within which such poor or other persons shall be; and such memorial or statement shall be signed by such person or persons causing the same to be registered and left in the said office of such clerk of the peace, who shall forthwith transmit a duplicate or copy of the same unto the enrolment office of the high court of chancery. II. And be it further enacted, that wherever any such charity or charitable donations shall be founded, established, which may made or benefited, increased or secured by any deed, will, or donations (e) See ante, p. 302, n. (g). |