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: And whereas one other act was passed in the twenty-first year of the reign of his present Majesty, 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: And whereas there are many ecclesiastical benefices, perpetual curacies and parochial chapelries, to which no glebe land, or only a small portion of glebe land is belonging; and it is therefore expedient to enable the making provision by purchase, for the annexation of glebe land to such benefices, perpetual curacies, and parochial chapelries; Be it therefore further enacted, that, from and after the passing of this act, it shall be lawful for the parson, vicar, or other incumbent for the time being, of any ecclesiastical benefice, perpetual curacy or parochial chapelry, the existing glebe whereof shall not exceed five statute acres, with the consent of the patron and bishop, to be signified as hereinafter mentioned, to purchase any lands not exceeding in the whole twenty statute acres, with the necessary outbuildings thereon, whether being within the local limits of the said benefice, perpetual curacy or parochial chapelry, or not, but so as that the same be situate conveniently for building a parsonage or a glebe house, and outbuildings, and for gardens and glebe thereof, or for any of the said purposes, and for actual residence and occupation by the incumbent thereof, such land being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor or lordship belonging to the same benefice, perpetual curacy or parochial chapelry; and which lands so purchased shall for ever, from and after the grant and conveyance thereof, be and become annexed to and glebe of such benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and be holden and enjoyed by such incumbent, and his successors accordingly, without any license or writ of ad quod damnum; and the whole or any part or parts of the said lands, which before such annexation, were or was of copyhold tenure, shall for ever, from and after such annexation, become and be of freehold tenure; the statute of mortmain or any other statute or law to the contrary notwithstanding."

[§. 7. Authorises such parson, vicar, or other incumbent, with the consent of the patron and bishop, to borrow (beyond the monies authorised to be borrowed by the said act of the 17th Geo. 3.) such sum as should be certified as therein mentioned to be the value of the said lands at the time of the purchase thereof, not exceeding two years' clear income and produce of such benefice, &c., after deducting all taxes and other outgoings (except the salary to the assistant curate, if any); and to mortgage the tithes and other profits of such benefice, &c. in the manner therein prescribed, for securing the repayment of the money so to be borrowed, with interest.]

[§. 12. Empowers owners, whether corporations sole or aggregate, tenants in fee simple, fee tail or for life, &c. to convey in lieu and in exchange for any parsonage house, &c., or to sell and convey to such parson, &c., any lands not exceeding twenty statute acres, with the necessary outbuildings thereon, for such sum as should be certified as thereinafter mentioned to be the value thereof, and directs the payment into the bank of the purchase monies for estates sold by any corporation, infants or other incapacitated persons.]

[§. 13. Restrains corporations, tenants in tail, &c. from selling or conveying (except by way of exchange) any lands or grounds exceeding five statute acres.]

[§. 14, 15, and 16. Require a certain notice to be given of the intention to make such exchanges or purchases; and plans and valuations to be made of the lands, &c. purchased, or agreed to be given and taken in exchange, to enable the bishop to judge of the expediency of such sales or exchanges; and also that a commission of inquiry be issued by the bishop, on receiving such plans, to not less than six persons, three to be beneficed clergymen, resident in the neighbourhood of the lands, &c. exchanged or purchased, and one a barrister of at least three years' standing, to be named by the senior judge in the last preceding commission of Nisi Prius for the particular county, &c.]

56 GEO. III. c. 52.

"An Act to amend and render more effectual an act passed in the last session of Parliament for enabling Spiritual Persons to exchange their Parsonage Houses or glebe lands, and for other purposes therein mentioned."

"Whereas an act was passed in the last Session of Parliament, intituled, an act," &c. [sets forth the title of the last mentioned act.]

"And whereas it is expedient to authorize the incumbents of benefices, perpetual curacies and parochial chapelries to apply the monies arising from the sale of any timber cut from the glebe or other lands of their respective benefices, perpetual curacies or parochial chapelries, towards the purposes of the said recited act: May it therefore please your Majesty that it may be enacted; and be it enacted," &c. "that it shall and may be lawful for the incumbent of any benefice, perpetual curacy or parochial chapelry, with the consent of the patron of such benefice, perpetual curacy or parochial chapelry, and of the bishop of the diocese wherein the same is locally situate, or of the archbishop or bishop to whom the peculiars, wherein such benefice, perpetual curacy or parochial chapelry is situate, shall belong, (such consent to be signified in manner as in the said recited act 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, perpetual curacy or parochial chapelry, or from any other land, whether copyhold holden under any manor of such benefice, perpetual curacy, or parochial chapelry, or otherwise, the timber whereof belongs to such benefice, perpetual curacy or parochial chapelry, either for equality of exchange, or towards and in part of equality of exchange, or for the price or purchase money, or towards and in part of the price or purchase money of any house, outbuildings, yards, gardens and appurtenances, or any lands, or any or either of them, by the said recited act authorised to be taken in exchange or to be purchased, and from and after such exchange or purchase to be annexed to, and to be and become the parsonage and glebe house and glebe lands and premises of such benefice, perpetual curacy or parochial chapelry, as in the said recited act is mentioned.” §. 2. "And whereas it is by the said recited act enacted, that the bishop shall, in cases of exchange and purchase under the said act, issue a commission of enquiry for the purposes therein mentioned, to be directed to such persons as are therein described, and of whom one shall be a barrister of three years' standing at the least, to be named by the senior judge of Nisi Prius for the county in which the benefice, perpetual curacy, or parochial chapelry, whereto it shall be proposed to annex any buildings or land by exchange or purchase under the said act, shall be situate; but inasmuch as the nomination of such barrister by a judge of Nisi Prius is not applicable to the county palatine of Chester, nor to the principality of Wales; Be it therefore enacted, that where any exchange or purchase shall be made or be proposed to be made under the authority of the said act

in any benefice, perpetual curacy, or parochial chapelry, situate within the said county palatine of Chester, or within the said principality of Wales, such barrister shall be named by the chief justice for the time being of the said county palatine of Chester, or by the justice, or, in case of his absence, the other justice of the great sessions for those counties within the said principality of Wales, within which said county palatine or repective counties of the said principality of Wales, the said benefice, perpetual curacy, or parochial chapelry, shall be situate."

6 GEO. IV., c. 8.

"An Act to amend and render more effectual an act passed in the 55th year of the reign of his late Majesty, for enabling spiritual persons to exchange their parsonage houses or glebe lands; and for other purposes therein mentioned." (a)

'Whereas an act was passed in the 55th year of the reign of his 'late Majesty King George the Third, intituled An Act,' &c., [ante p. (278).] And whereas it is by the said recited act enacted, That 'the bishop shall, in cases of exchange and purchase, under the said act, issue a commission of enquiry, for the purposes therein mentioned, to be directed to such persons as are therein described, and ' of whom one shall be a barrister of three years' standing at the least, to be named by the senior judge of Nisi Prius for the county in 'which the benefice, perpetual curacy, or parochial chapelry, 'whereto it shall be proposed to annex any buildings or land by 'exchange or purchase under the said act shall be situate; but inas'much as the nomination of such barrister by a judge of Nisi Prius 'is not applicable to the counties palatine of Lancaster and Durham ;' Be it therefore enacted, &c., "That where any exchange or purchase shall be made, or proposed to be made, under the authority of the said act, in any benefice, perpetual curacy, or parochial chapelry, situate within the said counties palatine of Lancaster or Durham,

(a) And see 7 Geo. 4. c. 66. ' to render more effectual the several acts now in force to promote the residence of the parochial clergy, by making provision for purchasing houses and other necessary buildings for the use of their benefices,' by which (after reciting, among

other acts of parliament, the above acts of 55 G. 3. c. 147, 56 G. 3. c. 52. and 6 G. 4. c. 8.) corporations and persons under disability or incapacity are authorised to sell messuages, lands, &c. for the purposes of the therein recited

acts.

such barrister shall be named by the chief justice or senior judge for the time being of the Court of Common Pleas for the said counties palatine respectively."

§. 2. And whereas it is expedient that the incumbents of benefices, perpetual curacies, and parochial chapelries, should be enabled to exchange the glebe lands belonging to their benefices, perpetual curacies, or parochial chapelries, to a greater amount than 'thirty statute acres;'"Be it therefore enacted, That from and after the passing of this act, the power to exchange glebe lands for others of equal value, which is given to parsons, vicars, and other incumbents, by the above recited act, passed in the fifty-fifth year of the reign of his late Majesty King George the Third, be extended to any number of statute acres, but subject to all the provisions, conditions and restrictions contained in the above-recited act, and also to those in another act passed in the fifty-sixth year of his late Majesty's reign, intituled An Act," &c. [ante p. (283).]

6

§. 3. And whereas by the said recited act of the fifty-fifth year of the reign of his late Majesty King George the Third, the powers of exchange thereby given are limited to such houses, outbuildings, yards, 'gardens and appurtenances and lands, to be accepted and taken in exchange by the spiritual persons therein named, as are of freehold tenure, or copyhold of inheritance, or for life or lives, holden of any manor belonging to the benefice in respect of which any such exchange is intended to be made: And whereas it may happen that 'such exchanges may sometimes be beneficially made where the lands or tenements so to be accepted and taken in exchange are copyhold ' of inheritance holden of some manor not belonging to the benefice in respect of which such exchange is intended, and without injury to 'the lord or lords, lady or ladies of such manor;'"Be it therefore enacted, that from and after the passing of this act, it shall and may be lawful for the parson, vicar or other incumbent for the time being of any ecclesiastical benefice, perpetual curacy, or parochial chapelry, to grant and convey, in the manner, and by and under the several powers, provisions, conditions and restrictions contained in the said act, and in the said act of the fifty-sixth year of the reign of his said Majesty, and in this act, to any such person or persons, or corporation, as in the said first mentioned act are described, any such lands or tenements as are described in the same act, belonging to his benefice, in lieu of and in exchange for any lands or tenements of the description mentioned in the said first mentioned act, as those which are thereby authorised to