Abbildungen der Seite
PDF
EPUB

should be utterly void; be it further enacted, that the said last-mentioned provision, so far as relates to any augmentation which may be granted after the passing of this Act, shall be and the same is hereby repealed.

&c., holding

tory or

annex the

same to

within the

11. And be it further enacted, that it shall be lawful for Ecclesiastical corpoany Archbishop, Bishop, Dean, Dean and Chapter, Arch- rations, deacon, Prebendary, or other ecclesiastical corporation or Colleges, person or persons, or the Master and Fellows of any College, any improor the Master or Guardian of any Hospital, being in his or priate Rectheir corporate capacity the owner or owners of any rectory Tithes, may impropriate, or of any tithes or portion of tithes arising in any particular parish or place, by a deed duly executed, to any annex such rectory impropriate or tithes or portion of or Chapel tithes as aforesaid, or any lands or tithes being parcel thereof, with the appurtenances, unto any or Chapel within the parish or place in which the impropriate shall lie, or in which the tithes or portion of arise. tithes shall arise, to the intent and in order that the same may be held and 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.

which the

part or parish in Church Rectory rectory lies or the

Tithes

lands &c.

them to

under their

12. And be it further enacted, that it shall be lawful for Power to any Archbishop, Bishop, Dean, Dean and Chapter, Arch- annex deacon, Prebendary, or other ecclesiastical corporation or held by person or persons, or the Master and Fellows of any College, any Church or the Master or Guardian of any Hospital, being in his or or Chapel their corporate capacity the owner or owners of any lands, patronage. tenements, or other hereditaments whatsoever, and also being in his or their corporate capacity the patron or patrons of any Church or Chapel, by a deed duly executed, to annex such lands, tenements, or other hereditaments, with the appurtenances, unto such Church or Chapel, to the intent and in order that the same premises may be held and enjoyed by the Incumbent for the time being thereof; and every such deed shall be effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding.

13. Provided always, and be it further enacted, that in Such anany case in which any rectory impropriate, tithes, or portion to be sub

nexations

ject to

and the

rents reserved upon the

same, or

some por

of, to be

by the Deed of

tion.

of tithes, lands, tenements, or other hereditaments shall be prior leases, annexed to any Church or Chapel, pursuant to either of the powers herein-before in that behalf contained, the annexation thereof shall be subject and without prejudice to any lease or leases which previously to such annexation may tion there have been made or granted of the same premises or any determined part thereof: provided also, that in every such case any rent or rents which may have been reserved in respect of the said premises in and by such lease or leases, or (in case any other hereditaments shall have been also comprised in such lease or leases) some proportional part of such rent or rents, such proportional part to be fixed and determined in and by the instrument by which the annexation shall be made, shall, during the continuance of the said lease or leases, be payable to the Incumbent for the time being of the Church or Chapel to which the premises shall be annexed as aforesaid; and accordingly such Incumbent for the time being shall, during the continuance of such lease or leases, have all the same powers for enforcing payment of the same rent or rents, or of such proportional part thereof as aforesaid, as the person or persons or body politic by whom the annexation shall have been made might have had in that behalf in case the said premises had not been annexed.

Provisions

of 39 & 40

Geo. 3,
c. 41, to
extend to

in certain

cases.

14. And be it further enacted and declared, that where any rectory impropriate, tithes, or portion of tithes, lands, tenements, or other hereditaments, which shall be annexed such An- to any Church or Chapel under either of the powers hereinnexations, before in that behalf contained, or any part thereof, shall have been anciently or accustomably demised with other hereditaments in one lease, under one rent or divers rents issuing out of the whole, and after such annexation such other hereditaments as aforesaid, or any part thereof, shall be demised by a separate lease or leases, all the provisions of an Act passed in the thirty-ninth and fortieth years of the reign of His late Majesty King George the Third, intituled, An Act for explaining and amending several Acts made in the thirty-second year of King Henry the Eighth, and the first, thirteenth, and fourteenth years of the reign of Queen Elizabeth, so far as respects leases granted by Archbishops, Bishops, Masters, and Fellows of Colleges, Deans and

Chapters of Cathedral and Collegiate Churches, Masters and Guardians of Hospitals, and others, having any spiritual or ecclesiastical living or promotion, shall apply and take effect in the same manner as if the premises which shall be so annexed as aforesaid had been retained in the possession or occupation of the person or persons by whom such lease or leases as aforesaid shall be made.

entitled to

15. And be it further enacted, that such of the powers Certain herein-before contained, as are restricted to cases in which the powers to apply to corporation or person by whom the same may be exercised persons shall be the patron of the benefice which it shall be intended alternate or desired to augment, shall apply to and may be exercised Presenta in cases in which such corporation or person shall be entitled only to the alternate right of presentation to such benefice.

tion.

not to be

be limited.

16. Provided always, and be it further enacted, that the Benefices power given by the said recited Act shall not at any time exceeding in yearly hereafter, nor shall any of the powers herein-before contained, value £300 in any case, be exercised so as to augment in value any raised, and benefice whatsoever, which at the time of the exercise of the allothers to power shall exceed in clear annual value the sum of three hundred pounds, or so as to raise the clear annual value of any benefice to any greater amount than such sum of three hundred and fifty pounds, or three hundred pounds, not taking account of surplice fees.

determine

any here

purposes

17. And be it further enacted, that in every case in which Power to it shall be desired, upon the exercise of any of the said powers, the yearly to ascertain, for the purposes of this Act, the clear yearly value of value of any benefice, or of any rectory impropriate, tithes, ditaments or portion of tithes, lands, tenements, or other hereditaments, for the it shall be lawful for the Archbishop or Bishop of the diocese of the Act. 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

Instru

ments to be depo

Registry

of the Diocese.

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. 26. Provided always, and be it further enacted, that, in every case in which the power given by the said recited Act sited in the of the twenty-ninth year of the reign of King Charles the Second, or any of the powers herein-before contained, shall be exercised, the instrument by which the same shall be so exercised 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.

Act to ap29. And be it further enacted, that the powers by this Act ply to all Heads of given to the Master and Fellows of any College shall apply Colleges, to cases in which the Head of the College shall be called the whatever Warden, Dean, Provost, President, Rector, or Principal denomina- thereof, or shall be called by any other denomination; and

under

tion.

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.

This Act

tend to the

2 & 3 GUL. IV, Cap. XLV.

An Act to amend the Representation of the People in England and Wales.

78. Provided always, and be it enacted, that nothing in not to ex- this Act contained shall extend to or in anywise affect the Univer- election of Members to serve in Parliament for the Universities of sities of Oxford or Cambridge, or shall entitle any person to vote in the election of Members to serve in Parliament for the City of Oxford or Town of Cambridge in respect of the occupation of any chambers or premises in any of the Colleges or Halls of the Universities of Oxford or Cambridge.

Oxford and Cambridge.

2 & 3 GUL. IV, Cap. LXXX.

An Act to authorize the identifying of lands and other possessions of certain Ecclesiastical and Collegiate Corporations.

W

́HEREAS the Archbishops and Bishops of the several Dioceses, and the Deans, and Deans and Chapters, Archdeacons, Prebendaries, and Canons, and other Dignitaries and Officers of the several Cathedral and Collegiate Churches and Chapels, and the Masters or other Heads and Fellows and Scholars or other Societies of the several Colleges and Halls in the Universities of Oxford and Cambridge, and of the Colleges of Winchester and Eton, are proprietors of divers manors, messuages, lands, tenements, tithes, and hereditaments; and in many cases the boundaries or quantities and the identity of lands within such manors, and of such messuages, lands, tenements, and hereditaments, and of lands subject to any such tithes, or some part or parts thereof, are unknown or disputed; and it would be a great benefit, as well to such proprietors respectively, as to their lessees, copyhold or customary tenants, sub-lessees, or under-tenants, their, his, or her heirs, executors, administrators, or assigns, if the said manors, messuages, lands, tenements, tithes, and hereditaments were identified, and the boundaries and quantities thereof ascertained and finally settled:

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 passing of this Act it shall and may be lawful to and for any Archbishop, Bishop, Dean, Dean and Chapter, or other cor- Archbishops, poration aggregate or sole herein-before mentioned, to enter Bishops, into an agreement of reference or deed of submission with Deans and Chapters, his or their lessee or lessees, copyhold or customary tenant &c., may or tenants, sub-lessee or sub-lessees, under-tenant or under- enter into tenants, his, her, or their heirs, executors, administrators, ments or or assigns, or with the owner or owners of any other hereditaments adjoining to or intermixed with the said manors,

agree.

deeds of reference with their Lessees,

« ZurückWeiter »