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sonage or Glebe Houses and Glebe Lands, and for purchasing and

No. 2.

Incumbent with

Consent of Patron apply Money an sing from Sale of Timber for or toPurchase of Par sonage House or

and Bishop may

wards Exchange or

annexing Lands to become Glebe in certain cases; and for other 55 Gao 14. c. 52. Purposes: Aud Whereas it is expedient to authorize the Incum⚫ bents 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 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 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.

Glebe Lauds.

II. And Whereas it is by the said recited Act enacted, that the 55 Geo. III. c. 147 'Bishop shall in cases of Exchange and Purchase under the said Act Sec. 16. ' issue a Commission of Inquiry for the Purposes therein mentioned, 'to be directed to such Persons as are therein described, and of whoi '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 Chief 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 respective Counties of the said Principality of Wales the said Benefice, Perpetual Curacy or Parochial Chapelry, shall be situate.

Barrister directed

by ceited Act to be named by Jus to be named in Chester and Wales by the Chief Jus

tices of Nisi Prius

tice, &c. there.

No. 3.

56 Geo. III. c. 123.-An Act to continue, until the Fifth Day of April One Thousand Eight Hundred and Seventeen, an Act of the Fifty-fourth Year of His present Majesty, for explaining and amending several Acts relating to Spiritual Persons holding of Farms, and for enforcing the Residence of such Persons on their Benefices in England.

36 Geo III c 11

Bodies Corporace may sed portions Cemeteries for en

of Lund adpating

larging thereof;

With certain Co sents.

Value of the Land to be ascertained.

No. 4.

56 Geo. III. c. 141.-An Act for enabling Ecclesiastical
Corporate Bodies, uuder certain Circumstances, to
alienate Lands for enlarging Cemeteries or Church
Yards.
28 July, 1816.

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WE

HEREAS Cemeteries, Churchyards or Burying Grounds, are in various Places found to be too small, and the same 'cannot be conveniently enlarged, without appropriating for Conse'cration some Part of the Lands belonging to Corporations or Spiritual Persons, not authorized by Law to alienate such Land for any Purpose whatsoever;' 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 for any Spiritual or Ecclesiastical Body Corporate or Spiritual Person, being a Corporation Sole, possessing any Land adjacent to any Cemetery, Churchyard or Burying Ground, to sell, by Indenture of Bargain and Sale, inrolled in the High Court of Chancery within Six Calendar Months, for the Purpose of Conse cration, such Portion thereof as may be deemed necessary for enlarging any such Cemetery, Churchyard or Burying Ground, not exceeding One Acre.

Il Provided always, That in case of any Spiritual Person, being a Corporation Sole, the Consent of the Lord Bishop of the Diocese of Ordinary, and of the Patron of the Living held by such Corporation Sole, shall be testified by their being Parties to the Alienation of the said Land; and that previously thereto the Value of such Land shall be ascertained, and, together with a Description thereof, be committed to Writing by some competent Person, to be named and appointed by the Ordinary; which Person so appointed shall verify the same on Oath, before some One of His Majesty's Justices of the Peace for the County, Town or District in which such Land is situated; which Oath the said Justice is hereby empowered to administer; and in case the Value shail appear to exceed One Hundred Pounds, that other Lands, of at least an equal Value, estimated and verified in manner aforesaid, shall be well and legally conveyed to and for the same Uses as the Lands conveyed by the said Spiritual Persons or Corporations Sole, and as the Consideration thereof; and in case the Value shall appear not to amount to One Hundred Pounds, but shall exceed Application of the Twenty Pounds, such Value shall be paid to the Governors of the Money it under Bounty of Queen ANNE, for the Augmentation of the Maintenance

If Value above 1001 other Lands

to be conveyed.

that Value.

No 4.

of the Poor Clergy, to be by them used and applied for the Benefit of such Spiritual Person or Corporation Sole, in the same manner as 56 Geo. III. c. 141 they are now empowered by Law to use and apply other Sums of Money coming into their Hands; and in case the Value shall not amount to Twenty Pounds, the said Value shall be paid in Money to such Spiritual Person or Corporation Sole, to be by him applied at his own Discretion.

III. Provided always, That no Alienation made by Virtue of this Act shall be questioned after the Expiration of Twenty Years from the Time of such Alienation, on account of any Want of Compliance with the Forms prescribed by this Act.

IV. And be it further enacted, That all Ground which has been or shall be consecrated as Burial Ground shall, after Twenty Years from the time of such Consecration, be considered as discharged from all adverse Titles, Claims and Demands whatsoever, and as absolutely vested in the Trustee or Trustees, if any, thereof; and if there should not be any such Trustee or Trustees, then in the Vicar or Perpetual Curate, if any, for the time being; and if there should not be any Vicar or Perpetual Curate, then in the Rector for the time being of each Parish in which such Burial Ground is or shall be situate.

Time within which

Alienations may be questioned.

Burial Ground

discharged of ad verse Titles, &c. after twenty Years

from Consecration thereof.

PART II.-CLASS II.

TITHES.

No. 1.

9 Edward II. Stat. 1, c. 5.-No Prohibition where Tithe is demanded of a new Mill.

AGround a Mill of new,

1 Roll 405. 2 Roll 84.

Er Rot. in Turr. Lond. molendinum erexerit de novo & postea a Rectore loci exigatur decima de eodem exhibetur prohibitio regia sub hac forma Quia de molendino tali hactenus decime non fuerunt solute prohibemus &c. el sententiam excommunicationis si quam hac occasione promulgaveritis revocetis omnino. Responsio. In tali casu nunquam exivit prohibitio de principis voluntate qui & decernit talem perpetuo nonbition was never granted by the

9 Ed. II. st 1, c. 5 " and after the Parson of the same 2 Inst 621. "Place demandeth Tithe for the "same, the King's_Prohibition "doth issue in this Form: Quia "de tali molendino hactenus de"cimæ non fuerunt solutæ, pro"hibemus, &c. & sententiam ex"communicationis, si quam hac " occasione promulgaveritis, revocetis omnino. The Answer." In such Case the King's Prohi

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King's Assent, nor never shall, which hath decreed that it shall' 'not hereafter lie in such Cases.'

47 G. III. Ses. 2,

c. 24.

Sc 12.

PART II.-CLASS XII.

LAND REVENUE OF THE CROWN.

No. 1.

47 Geo. III. Sess. 2, c. 24.-An Act to explain and amend
an Act, passed in the Thirty-ninth and Fortieth Years
of His present Majesty, concerning the Disposition of
certain Real and Personal Property of His Majesty, His
Heirs and Successors, and also of the Real and Personal
Property of Her Majesty, and of the Queen Consort for
the Time being.
[1st August 1807.

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W

HEREAS by an Act passed in the Thirty-ninth and Fortieth Years of the Reign of His present Majesty, intituled, An Act concerning the Disposition of certain Real and Personal Property of 39. 40 G. 3, c. 88. His Majesty, His Heirs and Successors, and also of the Real and Personal Property of Her Majesty, and of the Queen Consort for the Time being, it was among other Things recited, that divers Lands, Tenements, and Hereditaments, had become and might thereafter become vested in His Majesty, His Heirs and Successors, by Escheat or otherwise, in Right of the Crown, which, in the Hands of any of His Majesty's Subjects, would be chargeable with certain Trusts, of applicable to certain Purposes, and His Majesty, His Heirs or Suc cessors, might be desirous that the same should be applied accordingly, notwithstanding any Right which He or they might have to hold the same discharged from such Trusts, or without applying the same to such Purposes; but that, by reason of the Provisions contained in the Acts of the First Year of Her said late Majesty Queen ANNE, and the Thirty-fourth Year of His present Majesty's Reign, Doubts might ⚫ be raised whether His Majesty, His Heirs or Successors, could direct • such Application thereof; and that divers Lands, Tenements, and Hereditaments, as well Freehold as Copyhold, had escheated and might escheat to His Majesty, His Heirs or Successors, for Want of Heirs of the Persons last seised thereof or entitled thereto, or by reason of some Forfeiture or otherwise, although not forfeited for Treason or Felony; and that it was expedient to enable His Majesty to direct the Execution of any such Trusts or Purposes as aforesaid, and to make any Grants of any such Manors, Lands, Tenements, or Hereditaments, as aforesaid, notwithstanding the Provisions contained in the said recited Acts; and it was therefore, in and by the said last recited Act, enacted, That it should be lawful for His Majesty, His Heirs and Successors, by Warrant under His or their Sign Manual, to direct the Execution of any Trusts or Purposes to which any Manors, Messuages, Lands, Tenements, or Hereditaments, which had escheated or should escheat to His Majesty, His Heirs or Successors, should have been liable at the Time the same so escheated respectively, or would have been liable in the Hands of any of His Majesty's Subjects; and to make any Grants of such Manors, Lands, Tenements, and Hereditaments respectively, to any Trustee or Trustees or otherwise, for the Execution of such Trusts, and to make any Grants of any Lands, Tenements, or Hereditaments which had 'escheated or should escheat as aforesaid to any Person or Persons,

No. 1.

Heirs and Succes

to which Lands

either for the Purpose of restoring the same to any of the Family of the Person or Persons whose Estates the same had been, or of re- 47 G. III. Ses. 2, 'warding any Persons or Person making Discovery of any such Es- c. 24. cheat, as to His Majesty, His Heirs or Successors respectively, ⚫ should seem fit: And Whereas Doubts have arisen whether the • Powers given by the said last recited Act extend to Manors, Messuages, Lands Tenements, or Hereditaments, which have or may come to His Majesty, His Heirs and Successors, in Right of His Duchy of Lancaster, or by reason that the same had been purchased by or for the Use of, or in Trust for any Alien of Aliens, and whether the same extend to enable His Majesty to grant any Rents or • Arrears of Rent accrued or become due in respect of any Manors, Messuages, Lands, Tenements, or Hereditaments, before any Grant thereof under the said Act: And it is expedient that such Doubts ⚫ should be removed; be it therefore 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 in all Cases in His Majesty, His which His Majesty, His Heirs or Successors, hath or shall, in right sors empowered to of His Crown or of His Duchy of Lancaster, become entitled to any direct the Execu Freehold or Copyhold Manors, Messuages, Lands, Tenements, or tion of any Trusts Hereditaments, either by Escheat for want of Heirs, or by reason of vested in hun by any Forfeiture, or by reason that the same had been purchased by or Escheat. c. (in for the Use of or in trust for any Alien or Aliens, it shall be lawful for Right of the Crown His Majesty, His Heirs and Successors, by Warrant under His or their Lancaster,) might Sign Manual, or under the Seal of the Duchy or County Palatine of have been liable. Lancaster, according to the Nature of the Title to such Manors, Mes- Linds. or reward suages, Lands, Tenements, or Hereditaments respectively, to direct Discoverers. the Execution of any Trusts or Purposes to which the same may have been directed to be applied, and to make Grants of such Manors, Messuages, Lands, Tenements, or Hereditaments, or of any Rents or Profits then due and in Arrear to His Majesty in respect thereof respectively, to any Trustee or Trustees, or otherwise, for the Execution of any such Trusts or Purposes, or to any Person or Persons for the Purpose of restoring the same to any of the Family of the Person or Persons whose Estates the same had been, or of carrying into Effect any intended Grant, Conveyance, or Devise of any such Person or Persons in relation thereto, or of rewarding any Person or Persons making Discovery of any such Escheat, or of His Majesty's Right and Title thereto, as to His Majesty, His Heirs or Successors respectively, shall seem fit; any Thing in the said recited Acts, or any other Act hereto fore inade, to the contrary notwithstanding.

or the Duchy of

and to restore such

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