1&2 Will. IV. c. 45. Benefices exceeding in yearly value 500l. not to be raised, and all others to be limited. Power to determine the purposes of the act. XVI. Provided always, and be it further enacted, that the power given by the said recited act shall not at any time hereafter, nor shall any of the powers hereinbefore contained, in any case, be exercised so as to augment in value any benefice whatsoever, which at the time of the exercise of the power shall exceed in clear annual value the sum of 3001., or so as to raise the clear annual value of any benefice to any greater amount than such sum of 3501., or 3007. not taking account of surplice fees. XVII. And be it further enacted, that in every case in the yearly which it shall be desired, upon the exercise of any of the said value of any powers, to ascertain, for the purposes of this act, the clear hereditaments for yearly value of any benefice, or of any rectory impropriate, tithes, or portion of tithes, lands, tenements, or other hereditaments, it shall be lawful for the archbishop or bishop of the diocese within which the benefice to be augmented shall be situate, or where the same shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then for the archbishop or bishop to whom such peculiar jurisdiction shall belong, to cause such clear yearly value to be determined and ascertained by any two persons whom he shall appoint for that purpose, by writing under his hand, (which writing is hereby directed to be afterwards annexed to the instrument by which the power shall be exercised,) and a certificate of such clear yearly value, written or endorsed on the instrument by which the power shall be exercised, and signed by such persons as aforesaid, shall for all the purposes of this act be conclusive evidence of such clear yearly value as aforesaid. By whom the abovementioned powers may be exercised, and with whose consent. Incumbents not to exercise them. XVIII. Provided always, and be it further enacted, that in every case in which the power given by the said recited act, of the powers herein before contained, (other than and or any except the aforesaid power of deferring the time at which an augmentation is to take effect in possession,) shall be exercised by any bishop, dean, archdeacon, or prebendary, or by the master or guardian of any hospital, the same shall be so exercised in the case of a bishop, with the consent of the archbishop of the province, or in the case of a dean, with the consent of the dean and chapter, or in the case of an archdeacon or prebendary, with the consent of the archbishop or bishop to whose jurisdiction or control they shall be respectively subject, or in the case of the master or guardian of a hospital, with the consent of the patron or patrons, visitor or visitors (if any) of such hospital, such consent as aforesaid to be testified by the said archbishop, dean and chapter, bishop, or patron or patrons, visitor or visitors (as the case may require), executing the instrument by which the power shall be exercised. XIX. Provided always, and be it further enacted, that the 1 & 2 Will. IV. c. 45. tithes, &c. to entitled, of his bene church or where they incumbent of any benefice or living shall not be authorised to exercise any of the powers aforesaid with respect to any hereditaments to which he may be entitled in right of his benefice. XX. Provided also, and be it further enacted, that where Incumbent the incumbent of any benefice shall in right of the same be may annex entitled to any tithes or portion of tithes arising in any parish which he is or place not being within the limits of such benefice, it shall arising out be lawful for the incumbent for the time being of such bene- of the limits fice, by a deed duly executed by him, to annex such tithes fice, to the or portion of tithes as aforesaid, or any part thereof, to any chapel of the church or chapel within the parish or place in which such parish tithes or portion of tithes shall arise, to the intent that the arise. same may be enjoyed by the incumbent for the time being of such church or chapel; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding: provided always, that every such annexation as aforesaid shall be made with the consent of the archbishop or bishop of the diocese within which the said benefice shall be situate, (or if the said benefice shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then with the consent of the archbishop or bishop to whom such peculiar jurisdiction shall belong,) and also with the consent of the patron or patrons of the said benefice, such consent to be testified by the said archbishop or bishop and the said patron or patrons respectively executing the instrument by which the annexation shall be made. to vicars to rectories benefit of ease, &c. XXI. And whereas it is expedient that rectors and vicars Power to should be enabled, under proper restrictions, to charge their rectors or rectories and vicarages for the benefit and support of chapels charge their of ease situate within such rectories and vicarages, as also in and vicarcertain other cases; be it therefore further enacted, that it ages for the shall be lawful for any rector or vicar for the time being of chapels of any rectory or vicarage, by a deed duly executed by him, annex to any chapel of ease or parochial chapel, or to any district church or chapel, or any chapel having a district assigned thereto, whether already built or hereafter to be built, (such chapel of ease or other chapel or church, with the district or place to which the same belongs, being situate within the limits, or within the original limits, of the said rectory or vicarage,) any part or parts of the tithes or other annual revenues belonging to such rectory or vicarage, or to grant to the incumbent for the time being of any such chapel of ease or other chapel or church, and his successors, any annual sum of money, to be payable by equal quarterly or equal half-yearly payments, and to charge the same on all or any part of such tithes or other revenues as aforesaid, or on any lands or other hereditaments belonging to the said rectory or vicarage; and in every case in which any such tithes or other 1&2 Will. IV. c. 45. Exception to the pre ceding power. 58 Geo. III. c. 45. Manner in which con powers in revenues shall be annexed to any such church or chapel as aforesaid, the incumbent for the time being thereof shall thenceforth have all the same remedies for recovering and enforcing payment of the premises which shall be so annexed as the rector or vicar for the time being of the rectory or vicarage might have had if such annexation had not been made; and in every case in which any annual sum of money shall be so granted as aforesaid, the incumbent for the time being entitled thereto shall have all such remedies for recovering and enforcing payment thereof by action of debt against the incumbent for the time being of the said rectory or vicarage, or by distress upon the hereditaments to be charged therewith, or otherwise, as shall in that behalf be specified and given by the deed by which the grant shall be made: provided always, that every such grant and annexation shall be made with the consent of the archbishop or bishop of the diocese within which the rectory or vicarage shall be situate, (or if the rectory or vicarage shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then with the consent of the archbishop or bishop to whom such peculiar jurisdiction shall belong,) and also with the consent of the patron or patrons of the said rectory or vicarage, such consent to be testified by the said archbishop or bishop and the said patron or patrons respectively executing the instrument by which the annexation or grant shall be made. XXII. And whereas by an act passed in the fifty-eighth year of the reign of his late majesty King George the Third, intituled An Act for building and promoting the building of additional Churches in populous Places, provision was made, under certain restrictions, for enabling any parish to be divided into two or more distinct parishes, and for apportioning in such cases the glebe lands, tithes, moduses, or other endowments between the respective divisions; and it was thereby provided with respect to every such case, that during the incumbency of the existing incumbent of the parish every new church intended as the parish church of any division intended to become a distinct parish should remain a chapel of ease; be it further enacted, that the power last herein before contained shall not be exercised for the purpose of making an annexation or grant to any chapel of ease situate within any division which under the provisions of the said last-recited act shall be intended to become a distinct parish. XXIII. And be it further enacted, that in any case in which sent to the the consent of the patron of any benefice shall be required to exercise of the exercise of any power given by this act, and the patronage this act shall of such benefice shall be in the crown, the consent of the crown to the exercise of such power shall be testified in the manner tronage of hereinafter mentioned; (that is to say,) if such benefice shall be testified, where pa benefice is in the crown; be above the yearly value of twenty pounds in the king's books the instrument by which the power shall be exercised shall be executed by the lord high treasurer or first lord commissioner of the treasury for the time being; and if such benefice shall not exceed the yearly value of twenty pounds in the king's books such instrument shall be executed by the lord high chancellor, lord keeper or lords commissioners of the great seal for the time being; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster such instrument shall be executed by the chancellor of the said duchy for the time being; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. tron is an in XXIV. And be it further enacted, that in any case where where pathe consent of the patron of any benefice shall be required to capacitated the exercise of any power given by this act, and the patron person; of such benefice shall be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian or guardians, committee or committees, or husband of such patron (but in case of a feme covert with her consent in writing) to execute the instrument by which such power shall be exercised, in testimony of the consent of such patron; and such execution shall for the purposes of this act be deemed and taken to be an execution by the patron of the benefice. tronage is of the duchy XXV. And be it further enacted, that in any case in which where pathe consent of the patron of any benefice shall be required to part of the the exercise of any power given by this act, and the advowson possessions and right of patronage of such benefice shall be part of the of Cornwall. possessions of the duchy of Cornwall, the consent of the patron of such benefice to the exercise of such power shall be testified in the manner hereinafter mentioned; (that is to say,) the instrument by which the power shall be exercised shall be executed by the duke of Cornwall for the time being, if of full age, but if such benefice shall be within the patronage of the crown in right of the duchy of Cornwall such instrument shall be executed by the same person or persons who is or are by this act authorised to testify the consent of the crown to the exercise of any power given by this act in respect of any benefice in the patronage of the crown; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice. to be depo XXVI. Provided always, and be it further enacted, that in Instruments every case in which the power given by the said recited act of sited in the the twenty-ninth year of the reign of King Charles the Second, the diocese. registry of or any of the powers herein before contained, shall be exercised, the instrument by which the same shall be so exercised 1&2 Will. IV. c. 45. Office copies of instru ments depo registry to shall within two calendar months after the date of the same be deposited in the registry of the diocese within which the benefice augmented or otherwise benefited shall be locally situate, or where the same shall be situate within a peculiar jurisdiction belonging to any archbishop or bishop, then in the registry of such peculiar jurisdiction. XXVII. And be it further enacted, that an office copy of any instrument which under the provisions of this act shall be sited in the deposited in any such registry as aforesaid (such office copy be evidence. being certified by the registrar or his deputy) shall be allowed as evidence thereof in all courts and places, and every person shall be entitled to require any such office copy, and shall also be allowed, at all usual and proper times, to search for and inspect any instrument which shall be so deposited, and the registrar shall be entitled to the sum of five shillings and no more for depositing any such instrument as aforesaid, and to the sum of one shilling and no more for allowing any such search or inspection as aforesaid, and to the sum of six-pence and no more (besides stamp duty) for every law folio of seventy-two words in any office copy to be made and to be certified as aforesaid. Fee to the registrar. Extent of the word benefice" in this act. Act to apply to all heads of colleges, ever deno mination. XXVIII. And be it further enacted, that the word "benefice" in this act shall be construed and taken to comprehend rectories, vicarages, donatives, perpetual curacies, parochial and consolidated chapelries, district parishes and district chapelries, and churches and chapels having a district assigned thereto. XXIX. And be it further enacted, that the powers by this act given to the master and fellows of any college shall apply under what to cases in which the head of the college shall be called the warden, dean, provost, president, rector, or principal thereof, or shall be called by any other denomination, and that such powers shall extend to every college and hall in the universities of Oxford and Cambridge, and to the colleges of Eton and Winchester. To extend to England XXX. Provided also, and be it further enacted, that this act and Wales. shall extend only to that part of the United Kingdom called England and Wales. APPLICATION TO COURTS OF EQUITY RESPECTING THE FUNDS An Act to continue and extend the Provisions of an Act |