Sect. 32. "And be it further enacted, that where any person to whom any real estate shall be devised for an estate tail or an estate in quasi entail, shall die in the lifetime of the testator leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will."

Sect. 33. "And be it further enacted, that where any person, being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will (a)."

Sect. 34. "And be it further enacted, that this act shall not extend to any will made before the 1st day of January, 1838, and that every will re-executed or republished, or revived by any codicil, shall for the purposes of this act be deemed to have been made at the time at which the same shall be so re-executed, republished or revived; and that this act shall not extend to any estate pur autre vie of any person who shall die before the 1st day of January, 1838 (b)."

Sect. 35. "And be it further enacted, that this act shall not extend to Scotland."

Sect. 36. "And be it enacted, that this act may be amended, altered or repealed by any act or acts to be passed in this present session of parliament."

55 GEO. III. c. 147.

"An act for enabling spiritual persons to exchange the parsonage or glebe houses or glebe lands, belonging to their benefices, for others of greater value, or more conveniently situated for their residence and occupation; and for annexing such houses and lands, so taken in exchange, to such benefices as parsonage or glebe houses and glebe lands, and for purchasing and annexing lands to become glebe in certain cases; and for other purposes."

"Whereas in divers ecclesiastical benefices, perpetual curacies and chial chapelries, the glebe lands, or some part or parts thereof, lie at a distance from and are inconvenient to be occupied with the parsonage or glebe houses; and the parsonage or glebe houses of divers benefices, perpetual curacies and parochial chapelries are mean and inconvenient; and it would often tend much to the comfort and accommodation, and thereby also to

(a) Vide Griffiths v. Gale, 12 Sim. 327, 354; Johnson v. Johnson, 3 Hare, 157.

(b) Andrews v. Turner, 3 Ad. & El. (N. S.) 177.

promote the residence of the incumbents of such benefices, perpetual curacies and parochial chapelries, if the glebe lands and parsonage or glebe houses thereof could be by law exchanged for other lands of greater value, or more conveniently situated, and for other and more convenient houses: And whereas there are also divers lands and tenements which have been accustomed to be granted or demised by the incumbent for the time being of certain ecclesiastical benefices, perpetual curacies or parochial chapelries, for one, two or three lives, or for a term or terms of years absolutely or determinable on a life or lives, as being holden by copy of court roll or otherwise, under some manor or lordship belonging to such benefices, perpetual curacies, or parochial chapelries, and it would therefore be advantageous to the said benefices if the same lands and tenements, or some of them, or some part thereof, were annexed as glebe to the living or benefice to which they belong : may it therefore please," &c., " 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, by deed indented, and to be registered in manner hereinafter mentioned, and 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, (to be signified as hereinafter is mentioned,) to grant and convey to any person or persons, and to his, her or their heirs and assigns, or otherwise as he or they shall direct or appoint, or to any corporation, sole or aggregate, and his or their successors, the parsonage or glebe house, and the outbuildings, yards, gardens and appurtenances thereof, and the glebe lands, and any pastures, feedings or rights of common or way appendant, appurtenant or in gross, or any or either of such house, outbuildings, yards, gardens and glebe lands, pastures, feedings, or rights of common or way, or any part or parts thereof, belonging to any such benefice, perpetual curacy or parochial chapelry, in lieu of and in exchange for any house, outbuildings, yards, gardens and appurtenances, and any lands, or any or either of them, whether lying within the local limits of such benefice, perpetual curacy or parochial chapelry or not, but so as that the same be situate conveniently for actual residence or occupation by the incumbent thereof, the same also being of greater value, or more conveniently situated than the premises so to be given in exchange, and being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and also for the parson, vicar or incumbent for the time being of the same benefice, perpetual curacy or parochial chapelry, by the same or a like deed, and with the like consent, and testified as aforesaid, to accept and take in exchange to him and his successors for ever, from any person or persons, or corporation sole or aggregate, any other house, outbuildings, yards, gardens, easements and appurtenances, and any other lands, or any or either of such house, outbuildings, yards, gardens, lands, easements and appurtenances, the same respectively being of freehold tenure, or being copyhold of inheritance, or for life or lives, holden of any manor belonging to the same benefice, and being of greater value or more conveniently situated, in lieu of and in exchange for such parsonage or glebe house, outbuildings, yards,

gardens, glebe lands and appurtenances, and such pastures, feedings and rights of common or way, or any or either of them, so to be granted and conveyed, and which said house, outbuildings, yards, gardens, lands and appurtenances so to be accepted and taken in exchange by any parson, vicar or other incumbent, shall for ever, from and after such grant and conveyance thereof, be the parsonage and glebe house, and glebe lands and premises of the said benefice, perpetual curacy or parochial chapelry, to all intents and purposes whatsoever, and shall become annexed to the said 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 licence or writ of ad quod damnum ; and that the whole, or any part or parts of the said house, outbuildings, lands and premises so to be annexed, which before such annexation were 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: Provided always, that nothing in this act contained shall extend or be construed to authorize the granting or conveying in exchange by any parson, vicar or other incumbent, either at one and the same time, and by one and the same incumbent, or at different times, and by several incumbents, and in several portions, any greater quantity in the whole than thirty statute acres of the glebe lands of any benefice, perpetual curacy or parochial chapelry: Provided also, that in all cases when such exchange shall be made by any owner or owners having any less estate or interest than in fee simple of or in the messuage, buildings, lands and premises so to be by him, her or them granted or conveyed in exchange, or being any corporation aggregate or sole, or person or persons under any legal disability, the parsonage house, outbuildings and glebe lands respectively, to be so taken in exchange as aforesaid, shall at the time of making such exchange be of equal value with, or not of less value than the said messuage, buildings, land and premises respectively so to be granted and conveyed in exchange to such parson, vicar or other incumbent."

Sect. 4. "And be it further enacted, that from and after the passing of this act, it shall and may be lawful to and for the parson, vicar or other incumbent of any ecclesiastical benefice, perpetual curacy or parochial chapelry, of or to which benefice, perpetual curacy or parochial chapelry any manor or lordship is parcel or appurtenant, and as parcel of or belonging to which manor or lordship any lands or tenements are or have been usually granted or demised, or grantable or demisable by copy of court roll, or otherwise, for any life or lives, or for any term or number of years absolutely, or determinable on any life or lives, by deed indented, (and to be registered as hereinafter mentioned,) with the consent of the patron and bishop, (to be testified as hereinafter mentioned,) to annex to. the said benefice, perpetual curacy or parochial chapelry, as and for glebe land, or parsonage or glebe house or houses and buildings thereof, all or any part or parts of such lands or tenements, whether lying within the local limits of such benefice, perpetual curacy, or parochial chapelry, or not; and that from and after such annexation, the said lands and tenements.

so annexed shall cease to be thereafter grantable or demisable by any incumbent of the said benefice, perpetual curacy or parochial chapelry, (otherwise than as glebe lands are or shall be by law grantable or demisable,) but shall from thenceforth be and become, and be deemed and taken to be the glebe lands and parsonage or glebe house or houses of and annexed to such benefice, perpetual curacy or parochial chapelry, for ever, to all intents and purposes whatsoever, without any license or writ of ad quod damnum, the statute of mortmain, or any other statute or law to the contrary notwithstanding: Provided always, that no such annexation shall in any wise annul, determine or affect any grant or demise then previously made and actually existing of the said lands and tenements so to be annexed as last aforesaid."

Sect. 6. "And whereas an act was passed 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 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 any 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

VOL. II.

EE

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.

[Sect. 7 authorizes such parson, vicar or other incumbent, with the consent of the patron and bishop, to borrow, (beyond the monies authorized to be borrowed by the said act of the 17 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.]

[Sect. 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.]

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

[Sects. 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, per