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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.

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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)

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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 men'tioned, 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.

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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 bene'fices, perpetual curacies, and parochial chapelries, should be en' abled 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).]

§. 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

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be accepted and taken in exchange by any such parson, vicar or other incumbent, although such last mentioned lands or tenements may be copyhold of inheritance holden of a manor not belonging to such ecclesiastical benefice, perpetual curacy, or parochial chapelry: Provided always, that no such exchange be made without the consent of the lord of the manor of which the lands to be taken in exchange are holden: Provided always that from and immediately after such conveyance, the lands or tenements accepted and taken in exchange, by any such parson, vicar or other incumbent, shall become and be of freehold tenure, and the lands or tenements by him granted and conveyed, and which before such conveyance belonged to his benefice, perpetual curacy or parochial chapelry, shall become copyhold of the same manor, and subject to the same rents, fines, services, customs and manorial rights and properties to all intents and purposes, as the lands or tenements so to be accepted and taken in exchange were subject to before the making of such exchange : Provided always, that from and after the passing of this act, three calendar months' notice shall be sufficient for the purpose of any exchange or purchase, instead of six calendar months, as by the said act of the fifty-fifth year of the reign of his said late Majesty is required.”

[Vide 1 & 2 Geo. IV. c. 92, intituled “ An act to authorise the exchange of lands, tenements or hereditaments, subject to trusts for charitable purposes, for other lands, tenements, or hereditaments."]

1 & 2 GEORGE IV. c. 93.

An Act for vesting all Estates and Property, occupied by or for

the Naval Service of this kingdom, in the Principal Officers of his Majesty's Navy, and for granting certain powers to the said Principal Officers and Commissioners."

“ Whereas divers manors, messuages, lands, tenements and hereditaments, have been at various times purchased for the use of the several departments, of or belonging to the naval service of this kingdom, and conveyed to several different persons in trust for his Majesty and his royal predecessors, and his and their heirs and successors, and the same have been placed under the charge of the said several departments respectively: And whereas it may be expedient that such parts of the said manors, messuages, lands, tenements, and hereditaments,

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as may not be wanted for the use of the said service, should from time to time be sold and disposed of: And whereas for effectuating such sales, it is necessary that all and every the said manors, messuages, lands, tenements and hereditaments, so already purchased, or used and occupied by or for the said service, and all other messuages, lands, tenements, and hereditaments that may be hereafter purchased, or in any manner used and occupied by or for the said service, should be vested in the principal officers and commissioners of his Majesty's navy for the time being; Be it therefore enacted,” &c., “ that immediately from and after the passing of this act, all manors, messuages, lands, tenements and hereditaments, which have been heretofore purchased, or taken by or in the name of any person or persons, in trust for his Majesty or his royal predecessors, and his or their heirs and successors, for the use of all or any of the several departments of or belonging to the naval service of this kingdom, by whatever mode of conveyance the same shall have been so purchased or taken, either in fee or for

any life or lives, or any term or terms of years, or any other or lesser interest, and all erections and buildings which now are or which shall or may be hereafter erected and built thereon, together with the rights, members, easements and appurtenances to the same respectively belonging (other than and except such messuages, lands, tenements and hereditaments as may be of copyhold tenure,) shall be and become and remain and continue vested in the principal officers and commissioners of his Majesty's navy for the time being, and their successors in the said office, according to the respective nature and quality of the said manors, messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same hereditaments respectively, in trust for his Majesty, his heirs and successors, for the service of the said several departments of the said naval service, or for such other public service or services as his said Majesty, his heirs or successors, shall from time to time by any order in council be pleased to direct."

8. 4. “ And be it further enacted, that it shall and may be lawful for the said principal officers and commissioners of his Majesty's navy for the time being, or any three or more of them, by and under the authority of the said Lord High Admiral or commissioners for executing the said office of Lord High Admiral for the time being, or any three or more of them, to sell, exchange or in any manner dispose of, or let or demise, as well any of the freehold and leasehold manors, messuages, lands, tenements or hereditaments respectively, which shall

be vested in them, under and by virtue of this present act, with their respective appurtenances, as also any of the copyhold messuages, lands, tenements and hereditaments, which shall have been surrendered to and vested in any person or persons, and his, her or their heirs and assigns, in trust for his said Majesty or any of his predecessors, his or their heirs and successors, for the use of the said several departments of the said naval service or any of them, either by public auction or private contract ; and as to the said freehold and leasehold manors, messuages, lands, tenements and hereditaments, that it shall and may be lawful to and for the said principal officers and commissioners or any three or more of them, and as to the said copyhold messuages, lands, tenements, and hereditaments, that it shall and may be lawful to and for the said person or persons, in whom the same shall be so vested as aforesaid, in due form of law, to convey, surrender, assign or make over, or to grant or demise the same respectively, as the case may require, to any person or persons who shall be willing to purchase or take the same respectively; and also to do any other act, matter, or thing in relation to any such manors, messuages, lands, tenements and hereditaments which shall by the said Lord High Admiral, or the commissioners for executing the office of Lord High Admiral, or by the said principal officers and commissioners of his Majesty's navy, be deemed beneficial for the public service in relation thereto, or for the better management thereof, which might be done by any person or persons having a like interest in any such like manors, messuages, lands, tenements or hereditaments.”

S. 5. “And be it further enacted, that the monies to arise and be produced by the sale or exchange of any of the said manors, messuages, lands, tenements or hereditaments, which shall be sold or exchanged under the provisions of this present act, shall be paid by the respective purchaser or purchasers thereof, or the person or persons making such exchange, unto the treasurer of his Majesty's navy for the time being, or to such other person or persons as the said principal officers and commissioners of his Majesty's navy for the time being, or any three or more of them, shall direct or appoint to receive the same, for the use of his Majesty, his heirs and successors ; and that the receipt of the said principal officers and commissioners or of any three or more of them, or of the said treasurer for such monies, (such receipt to be indorsed on every such conveyance, surrender or assignment as aforesaid,) shall effectually discharge the purchaser or purchasers, or person or persons by whom or on whose account the same shall be paid.”

§. 6. “And be it further enacted, that immediately from and after

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