PART I. VI. Stat. 43 G. 3. c. 107. So 3 Anne withstand Power of granted, assembled, and by the authority of the same, That so much of the said Act of her late Majesty Queen Anne, as is herein recited, shall be and remain in full force and effect, the said Act of his late Majesty King George the Second, or any other Act or Law to the contrary notwithstanding. II. And whereas by an Act, passed in the first year of so much of the reign of his late Majesty King George the First, inti- the recited tuled An Act for making more effectual her late Majesty's Act of 2 & gracious Intentions for augmenting the Maintenance of the shall rePoor Clergy, it was amongst other things enacted, that it main in should be lawful, with the concurrence of the said Govern- force, notors of the Bounty of Queen Anne, and the Incumbent, ing 9 Geo. Patron, and Ordinary of any augmented living or cure, to 2. c. 36. exchange all or any part of the estate settled for the aug-1 Geo. 1. mentation thereof, for any other estate in lands or tithes of c. 10. equal or greater value, to be conveyed to the same uses; exchanging be it also enacted, That the said power shall be, and the lands, &c. same is hereby extended to all the messuages, buildings, and thereby lands, belonging to every such augmented living or cure. extended to III. And be it further enacted, That where a living every augshall have been or shall be augmented by the said Go-mented vernors, either by way of lot or benefaction, and there is Where no parsonage house suitable for the residence of the Minis- there is no ter, it shall and may be lawful for the said Governors, and suitable they are hereby empowered, from time to time, in order to parsonage promote the residence of the Clergy on their benefices, to Governors apply and dispose of the money appropriated for such aug- may promentation, and remaining in their hands, or any part there- vide one. of, in such manner as they shall deem most adviseable, in or towards the building, rebuilding, or purchasing a house, and other proper erections within the parish, convenient and suitable for the residence of the Minister thereof, which house shall for ever thereafter be deemed the parsonage house appertaining to such living, to all intents and purposes whatsoever; any thing in any Act or Acts, or the rules of the said Governors contained to the contrary notwithstanding. living. house, the PART I. No. 5. G. 3. c. 84. 1 G. 1. c. 10. s. 1, 2. Anno 45 GEO. III. Cap. 84. An Act for making more effectual the gracious Intentions of her late Majesty Queen Anne, for the Augmentation of the Maintenance of the Poor Clergy, so far as relates to the Returns of Certificates into the Exchequer, and Gifts of Personal Property. [2d July 1805.] WHEREAS by an Act passed in the first year of the reign of his late Majesty King George the First, intituled An Act for making more effectual her late Majesty's gracious intentions for augmenting the Maintenance of the Poor Clergy, the respective Bishops of every diocese were empowered from time to time, as they should see occasion, and as might best serve the purposes of the said bounty to the poor Clergy, to inform themselves by such means as in the said Act are mentioned, of the clear improved yearly value of every benefice with cure of souls, living, and curacy, and of the true and clear improved yearly value of the maintenance of every Parson, Vicar, Curate, and Minister officiating in any such churches or chapels as are therein mentioned, and how such yearly values arose, with the other circumstances thereof, and the same to certify to the said Governors, for their better information in the premises; in which said Act is contained a Proviso, that where by certificates returned into her said Majesty's Court of Exchequer at Westminster, pursuant to an Act made in the 5 Ann. c. fifth year of her reign, intituled An Act for discharging small Livings from their First Fruits and Tenths, and all Arrears thereof; and one other Act made in the sixth year 6 Ann. c. of her reign, intituled An Act to enlarge the time for returning the Certificates of all Ecclesiastical Livings not exceeding the yearly value of Fifty Pounds, and for other Purposes, or either of them, or made good by the said recited Act of the first year of King George the First, the yearly value of any livings not exceeding the clear yearly value of fifty pounds, were particularly and duly expressed and specified, such certificates should ascertain the yearly values of such livings, in order to their being augmented by the said Governors, and no new or different valuation thereof should be returned to the said Governors by virtue of the said recited Act: And whereas since the time that such certificates were returned into the Exchequer, in pursuance of the said Acts of the fifth and sixth of her said late Majesty Queen Anne, many livings in such certificates mentioned, and thereby returned as hot exceeding 24. 27. CLASS No. 5. value of into the the clear yearly value of fifty pounds, for the purpose PART I. of being discharged from First Fruits and Tenths, are by subsequent improvement of their glebes and tithes, and by enclosures and other means, become of much greater Stat. 45 value; and in order that the bounty of her said late G. 3. c. 84. Majesty may be applied as was originally intended, for the augmentation of small livings, in places where the same are not already sufficiently provided for, and that her Majesty's gracious intentions for the relief of the poor Clergy may be more speedily and effectually carried into execution, it is become expedient that the Governors of the said bounty should be empowered to receive new valuations of such livings as were so returned into the Exchequer: May it therefore please your Majesty that it may be enacted; and be it 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 same, That the re- Bishops, spective Bishops of every diocese, and the Guardians of &c. shall inquire into Spiritualities Sede vacante, shall be and are hereby empowered from time to time as they shall see occasion, and benefices as may best serve the purposes of the said Bounty to the returned poor Clergy, by such ways and means as in the said Act of Exchequer, the first year of his Majesty King George the First, are and certify mentioned in that behalf, to inform themselves of the clear the same to improved yearly value of such benefices with cure of souls, the Go livings, and curacies as were returned into the Exchequer in Queen pursuance of the said Acts of the fifth and sixth years of Anne's the reign of her said late Majesty Queen Anne, within their who shall several dioceses, or within any peculiars or places of exempt be emjurisdiction within the bounds and limits of their respective powered to dioceses, or adjoining or contiguous thereto, although the actu same be exempt from the jurisdiction of any Bishop in certificate other cases, and how such yearly values arise, with the as they are other circumstances thereof; and the same or such of them, abled to do whereof they shall have fully informed themselves, from with retime to time with all convenient speed to certify to the spect to said Governors of the Bounty of Queen Anne, for the livings not augmentation of the maintenance of the Poor Clergy, for into the Extheir better information in the premises; and the said chequer. Governors are hereby authorized and empowered, with respect to the augmentation of such livings, so formerly certified into the Exchequer as aforesaid, to act upon and be guided by such new certificates of the value and other circumstances thereof, made in pursuance of this Act, as fully and effectually to all intents and purposes as they are in and by the said first herein-before mentioned and in the Govern ors of Bounty, act upon such new now en returned CLASS PART I. part recited Act, enabled to do with regard to such livings as were not so certified into the Exchequer, and as if the VI. restraint of the said Proviso therein had not been made, Stat. 45 the same Proviso or any thing in the said recited Act to the G. 3. c. 84. contrary thereof in anywise notwithstanding. Not to af II. Provided always, and be it enacted, That such cerfect livings tificates as were returned into the Exchequer for the purpose of ascertaining what livings were to be discharged from first fruits and tenths, shall not, so far as the same relate to the first fruits and tenths, be affected or altered in any manner whatsoever by any thing in this Act contained. with respect to their discharge from first fruits and tenths. Personal property may be augment without deed. III. And in order to facilitate the intentions of all such persons as may be disposed to contribute to the augmentation of such livings and curacies as are within the meaning of the laws now in force, respecting the said Bounty; be it further enacted, That it shall be lawful for any person or ing livings persons having in his, her, or their own right, any money, goods, chattels, or other personal effects, at his, her, or their will and pleasure, to give or grant to, or vest in the said Governors of the Bounty of Queen Anne and their successors to be by them disposed of according to law, all or any part of such money, goods, chattels, or other personal effects, without any deed or deeds, either enrolled or not enrolled, in like manner as he, she, or they could or might have done, either by deed or deeds enrolled or otherwise, before the passing of this Act, any Statute or Law to the contrary in anywise notwithstanding. Provisoes IV. Provided nevertheless, That nothing herein conas to gifts tained shall in any manner alter or affect the law now in force respecting the gift or conveyance of any lands, tenements, or hereditaments, by any deed or deeds; or the disposition thereof, or of any goods, chattels, or other personal property, by will or testament. and devises. No. 1. CLASS VII. STATUTES RELATIVE TO LANDS IN MORTMAIN. Anno 9 GEO. II. Cap. 36. An Act to restrain the Disposition of Lands, whereby the same become unalienable. WHEREAS gifts or alienations of lands, tenements, or hereditaments, in Mortmain, are prohibited or restrained by Magna Charta, and divers other wholesome laws, as VII No. 1. 2. c. 36. nor money dented, and twelve prejudicial to and against the common utility; nevertheless PART I. this public mischief has of late greatly increased by many CLASS large and improvident alienations or dispositions made by languishing or dying persons, or by other persons, to uses called charitable uses, to take place after their deaths, to the G. disherison of their lawful heirs; for remedy whereof be it 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 same, That from and after the No manors, twenty-fourth day of June, which shall be in the year of lands, &c. our Lord one thousand seven hundred and thirty-six, no to be laid manors, lands, tenements, rents, advowsons, or other here- out in ditaments, corporeal or incorporeal whatsoever, nor any lands, to be sum or sums of money, goods, chattels, stocks in the pub-charitable given for lic funds, securities for money, or any other personal uses, unless estate whatsoever, to be laid out or disposed of in the pur- by deed inchase of any lands, tenements, or hereditaments, shall be executed given, granted, aliened, limited, released, transferred, as- before two signed, or appointed, or any ways conveyed or settled to or witnesses, upon any person or persons, bodies politic or corporate, or months beotherwise, for any estate or interest whatsoever, or any ways fore the charged or encumbered by any person or persons whatso-death of ever, in trust, or for the benefit of charitable uses whatany soever; unless such gift, conveyance, appointment, or set- rolled, &c. tlement of any such lands, tenements, or hereditaments, sum or sums of money, or personal estate, (other than stocks in the public funds,) be and be made by deed indented, sealed, and delivered in the presence of two or more credible witnesses, twelve calendar months at least before the death of such donor or grantor, (including the days of the execution and death,) and be enrolled in his Majesty's High Court of Chancery, within six calendar months next after the execution thereof; and unless such stocks be transferred in the public books usually kept for the transfer of stocks, six calendar months at least before the death of such donor or grantor, (including the days of the transfer and death,) and unless the same be made to take effect in possession for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him. the donor, and en II. Provided always, That nothing herein-before men- The said litioned relating to the sealing and delivering of any deed or mitations deeds, twelve calendar months at least before the death of tend to pur not to ex chases or transfers made for valuable considerations. |
