"Form of the Deed of Purchase of Buildings or Lands to be annexed to the Benefice. day of of the "This indenture, made the Lord, between A. B., of reverend father in God -, lord bishop of -, and E. F., of - patron of the rectory, &c., of of the other part: in the year of our Form of purone part, the right chase deed. Whereas there is no fit parsonage-house belonging to the said rectory, &c., and whereas a contract hath been made, by the direction of the said bishop, with the said A. B. for the absolute purchase of the house, buildings, and lands hereinafter described, for the price or sum of pounds, pursuant to the directions of an act passed in the second year of the reign of her Majesty Queen Victoria, intituled An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy. Now this indenture witnesseth, That the said A. B., in consideration of the sum of pounds to him in hand paid for the purchase aforesaid, the receipt of which sum the said A. B. hath admitted by an endorsement on the back of this deed, hath granted, bargained and sold, and by these presents doth grant, bargain, and sell, unto the said E. F. and his heirs, all, &c. [here insert a full description of the buildings or lands so intended to be conveyed, with their and every of their rights, privileges, and appurtenances], to hold unto the said E. F. and his heirs or successors [as the case may be] in trust for the sole use and benefit of the incumbent of the said benefice and his successors, rectors, vicars, &c. [as the case may be], of the said benefice for the time being, for ever. [Usual covenants for title to be added.] In witness, &c." copies of who may bishop may Sect. 63. "Provided always that the said bishop shall cause to Bishop to be transmitted to the patron and the incumbent (if any) of such transmit benefice, copies of the report so to be made by such commissioners, report, &c. to and of the plan, estimate, and certificate so to be made by such patron and workman, or surveyor, two calendar months at the least before incumbent, making any such mortgage as aforesaid; and that in case the object within patron and the incumbent, or either of them, shall object to the two months; proposed site for a residence, or to the proposed plan for erecting and, if so, or repairing such residence, or to the amount proposed to be raised, order plan to and shall deliver such objections in writing to the said bishop be modified or before the expiration of such period of two calendar months, the abandoned. said bishop shall have full power to direct that the plan proposed to be carried into effect shall be altered or modified in such manner as he may think fit: provided also, that if the bishop shall, after receiving the report to be made by such commissioners, be of opinion that it is not expedient, under the special circumstances of any such benefice, to levy and raise any sum or wise to take measures for providing a fit house of residence for sums of money by mortgage as hereinbefore required, or othersuch benefice, he shall state in detail such special circumstances and the grounds of his opinion in the next annual return to be 28 & 29 Vict. c. 69. provisions of earlier acts. Building by mortgage. made by him to her Majesty in council, according to the directions herein before contained" (1). Section 64 contains a provision as to the counterpart of the mortgage similar, as has been said, to that of 17 Geo. 3, c. 53, s. 2. Section 66 contains provisions, as to the nominees of the bishop for securing the borrowed money, similar, as has been said, to those contained in 17 Geo. 3, c. 53, s. 4. As to mortgages under 28 & 29 Vict. c. 69 :— Section 1 of this act, which is of a generally amending and Extension of extending character, enacts as follows:-"The incumbent of any benefice may, according to the provisions of and with the consents required by the said acts, and by any act or acts amending or referring to the same, borrow and take up at interest on mortgage as provided by the same acts (m), or any of them, for the purposes of the same acts or any of them, or for the purposes of the act [55 Geo. 3, c. 147], or for the purpose of purchasing any lands or hereditaments not exceeding twelve acres, contiguous to or desirable to be used or occupied with the parsonage-house or glebe belonging to such benefice, or for the purpose of building any offices, stables, or outbuildings, or fences necessary for the occupation or protection of such parsonage, or for the purpose of restoring, rebuilding, or repairing the fabric of the chancel of the church of such benefice (in any case where such incumbent is or shall be liable to repair or sustain the fabric of such chancel), or for the purpose of building, improving, enlarging, or purchasing any farm-house or farm buildings, or labourers' dwelling-houses, with the appurtenances belonging to or desirable to be acquired for any farm or lands pertaining to such benefice, any sum or sums of money not being less than 1007., and not exceeding three years' net income of such benefice; and out of the sum to be borrowed it shall be lawful to pay the charges and expenses of the architect or surveyor who shall be employed in or about any of the purposes aforesaid, and also the costs and expenses of and incidental to the preparation of the mortgage deed or deeds, and of and incidental to any purchase by the said acts or this act authorized to be made." 17 Geo. 3, c. 53. On failure of payment of principal and interest for forty days after due, As to repayment of principal and interest, 17 Geo. 3, c. 53, provides as follows: Sect. 3. "Whenever the principal and interest, directed to be paid to the mortgagee under the several provisions of this act, shall be in arrear and unpaid, for the space of forty days after the same shall become due, it shall and may be lawful for such mortgagee, his executors, administrators, or assigns, to recover may distrain. the same, and the costs and charges attending the recovery thereof, by distress and sale in such manner as rents may be mortgagee (1) By sect. 53, vide supra, p. 896. (m) 17 Geo. 3, c. 53; 21 Geo. 3, c. 66; 7 Geo. 4, c. 66; 1 & 2 Vict. c. 23. Vide supra, p. 421. recovered by landlords or lessors from their tenants by the laws in being." This section is transcribed almost verbatim into sect. 65 of Correspond1 & 2 Vict. c. 106. ing section in 1 & 2 Vict. c. 106. payment of gages. By sect. 6 of 17 Geo. 3, c. 53, so far as unrepealed, the incumbent of every such living or benefice, in cases where [17 Geo. 3, such mortgage or mortgages shall be made as aforesaid, and c. 53.] his successors for the time being, shall, and he and they is Directions for and are hereby required to pay the interest arising upon the principal every such mortgage, yearly, as the same shall become due, and interest of or within one month after, and also five pounds per centum the mortper annum, of the principal remaining due, by yearly payments.... such payments to be respectively made at the same time such interest shall be paid, until the whole principal money and interest shall be fully paid and discharged .... and every such incumbent shall, annually, at his own expense, from the time such buildings, authorized to be made by this act, shall be completed, insure, at one of the public offices established in London or Westminster for insurance of houses and buildings, the house and other buildings upon such glebe, against accidents by fire, at such sum of money as shall be agreed upon by the ordinary, patron, and incumbent; and in default of the payment of either the principal or interest, in manner aforesaid, or neglect of the incumbent to make such insurance, the ordinary shall have power to sequester the profits of the living till such payment or insurance shall be made (n). for tioning the ance. By 17 Geo. 3, c. 53, s. 7, " And in order that the payment of Provision such year may be justly and equitably ascertained and adjusted, proporbetween the successor, and the parson, vicar, or incumbent, annual payavoiding such living or benefice by death or otherwise, or his ment in case representatives, in case of death or other avoidance, in such of death or proportions as the profits of such living shall have been received other avoidby them respectively, for the year in which such death or avoidance shall happen: . . . . in case any difference shall arise in adjusting or settling the proportions aforesaid, the same shall be determined by two indifferent persons, the one to be named by the said successor, and the other by the person making such avoidance, or his representatives, in case of his death; and in case such nominees shall not be appointed within the space of two calendar months next after such death or avoidance, or if they cannot agree in adjusting such proportions within the space of one calendar month after they shall have been appointed, the same shall be determined by some neighbouring clergyman, to be nominated by the ordinary, whose determination shall be final and conclusive between the parties; which nominations (*) 1 & 2 Vict. c. 106, s. 67, contains a similar provision as to insur ance. See now the general rules as to insurance contained in the Ecclesiastical Dilapidations Act, 1 & 2 Vict. c. 106. 1 & 2 Vict. c. 23. Extended provisions building of houses of residence. and determinations shall be made according to the forms for that purpose contained in the said schedule, as near as conveniently may be." A similar provision is contained in 1 & 2 Vict. c. 106, s. 68. By 1 & 2 Vict. c. 23, s. 1, "It shall be lawful for the incumbent of any benefice to borrow and take up at interest for the purposes of the said acts, and also for the purpose of buying or procuring, if necessary, a proper site for a house and other relating to the necessary buildings, or for the purposes of the said acts (n) only, repairing and any sum or sums of money not exceeding three years' net income of such benefice, and to take all such proceedings as are required in and by the said acts (so far as the same are applicable for that purpose), and, as a security for the money so to be borrowed, to mortgage the glebe, tithe, rent-charges, rents and other profits and emoluments belonging to such benefice, to such person or persons, corporation or corporations aggregate or sole, as shall lend the same money, by one or more deed or deeds, for the term of thirty-five years, or until the money so to be borrowed, with interest for the same, and such costs and charges as may attend the recovery thereof, shall be fully paid and satisfied, according to the terms and conditions of the said acts (so far as the same are applicable, and not hereby repealed or altered); and from and after the expiration of the first year of the said term (in which year no part of the principal sum borrowed shall be repayable) the incumbent shall yearly and every year (such year to be computed from the day of the date of the mortgage) pay to the mortgagee one thirtieth part of the said principal sum, until the whole thereof shall be repaid, and shall at the end of the first and each succeeding year pay the yearly interest on the said principal sum, or on so much thereof as shall from time to time remain unpaid, in each case according to the terms and conditions of the said acts, except so far as the same are hereby repealed or altered; and such mortgage deed or deeds shall be made as nearly as may be in the form or to the effect of the form contained in the schedule to the said acts or one of them, and shall bind every succeeding incumbent of such benefice until the principal and interest, costs and charges, shall be paid off and discharged, as fully and effectually as if such successor had made and executed the same." Repayment. 1 & 2 Vict. c. 106. Directions for payment of principal and interest of the mortgages. 1 & 2 Vict. c. 106, enacts as follows: Sect. 65 contains provisions as to distress upon non-payment almost identical, as has been said, with those in 17 Geo. 3, c. 53, s. 3. Sect. 67. "The incumbent of every such benefice, in cases where such mortgage or mortgages shall be made as aforesaid, and his successors for the time being, shall, from and after the expiration of the first year of the said term (in which year no part of the principal sum borrowed shall be repayable) yearly and every year (such year to be computed from the date of such mortgage) pay to the mortgagee one-thirtieth part of the princi(n) The acts referred to, supra, p. 1134, note (m). incumbent to pal sum until the whole thereof shall be repaid, and shall at the end of the first and each succeeding year pay the yearly interest on the principal sum, or so much thereof as shall from time to As soon as the time remain unpaid; and every such incumbent shall annually, buildings are at his own expense, from the time such buildings authorized completed, to be made by this act shall be completed, insure, at one of insure them the public offices established in London or Westminster for against fire. insurance of houses and buildings, the house and other buildings upon such glebe against accidents by fire, at such sum of money as shall be determined upon by the bishop; and in default of the payment of either the principal or interest in manner aforesaid, or neglect of the incumbent to make such insurance, the bishop shall have power to sequester the profits of the benefice till such payment or insurance shall be made" (o). annual Section 68 contains provisions for the apportionment of the Apportionpayment in cases of death, or other avoidance, similar ment of payto those mentioned above of 17 Geo. 3, c. 53, s. 7. ments. As to the powers of the governors of Queen Anne's Bounty, Loans by and of corporate bodies, to lend money on mortgage, there are Queen Anne's on the statute book the following provisions: the Bounty and corporations. Bounty em sums to promote the By 17 Geo. 3, c. 53, s. 12, "And it shall and may be lawful 17 Geo. 3, for the governors authorized or appointed to regulate and super- c. 53. intend the bounty given by her late majesty Queen Anne for the Governors of augmentation of the maintenance of the poor clergy, to advance Queen Anne's and lend any sum or sums of money, not exceeding the sum of powered to one hundred pounds, in respect of each living or benefice, out of lend certain money which has arisen, or shall from time to time arise, from that bounty, for promoting and assisting the several execution of purposes of this act, with respect to any such livings or benefices that act. as shall not exceed the clear annual improved value of fifty pounds; and such mortgage and security shall be made for the repayment of the principal sums so to be advanced, as are hereinbefore mentioned, but no interest shall be paid for the same; and in cases where the annual value of such living or benefice shall exceed the sum of fifty pounds, it shall and may be lawful for the said governors to advance and lend, for the purposes of this act, any sum not exceeding two years' income of such living or benefice upon such mortgage and security as aforesaid, and subject to the several regulations of this act, and to receive interest for the same, not exceeding four pounds for one hundred pounds by the year. c. 23. Queen Anne's By 1 & 2 Vict. c. 23, s. 4, "It shall be lawful for the said 1 & 2 Vict. governors to advance and lend any sum or sums of money not exceeding the sum of one hundred pounds in respect of each Governors of benefice, out of the money which has arisen or shall from time Bounty may to time arise from the said bounty, for promoting and assisting the several purposes of the said acts and of this act, with respect execution of to any such benefices as shall not exceed the clear annual that act. improved value of fifty pounds, and such mortgage and security (0) See Bluck v. Hodgson, 5 N. of C. p. 167; 11 Jur. p. 191, infra. lend moneys to promote the |