OF GLEBE. of the inten tion to fulfil the subsequent requisitions of the act of Parlia ment. conveyance by AND WHEREAS it is intended that these presents, when duly executed by the parties hereto, and attested, together with the said map, valuation, commission of inquiry, and return, shall be deposited in the office of the registrar of the said diocese of, for perpetual preservation, and that a certificate of such deposit shall be signed by such registrar, on a duplicate on one part of these presents, or on some separate instrument, pursuant to the directions for that purpose expressed in that behalf, in and by the said act of Parliament of the fifty-fifth year of the reign of his said late Majesty King George the Third (g): NOW Witnesseth, THIS INDENTURE WITNESSETH, that, for effec- the rector. tuating the said exchange, and in consideration of the grant and conveyance in exchange hereinafter expressed to be made by the said D. E., the said A. B. (under and by virtue of the power and authority to him given in and by the said acts of Parliament, of the fifty-fifth year of the reign of King George the Third, and the sixth year of the reign of King George the Fourth, or one of them, and with the consent of the said Lord Bishop of 9 as patron and ordinary of the said rectory, signified by his being a party to and signing and sealing these presents before the execution thereof by the said A. B., and in the presence of two credible persons whose names are intended to be hereupon indorsed as witnessing the signing and sealing hereof by the said, Lord Bishop of, in the manner aforesaid, as appears by the attestation thereof hereupon indorsed (h)) hath granted and conveyed in exchange, and by these presents (being a deed indented and intended to be registered as aforesaid) doth grant and convey in exchange unto the said D. E. and his heirs, ALL THAT parsonage-house (i), c. 147, s. 16; and see the form of such a return in a similar case supra, Precedent XXIII., p. 293. (g) See supra, p. 280, n. (h). (h) See the statute 55 Geo. 3, c. 147, s. 10. (i) In the case in the text the incumbent gives his parsonagehouse, without taking another house in exchange which may become the parsonage-house; and there may be a question whether the acts Parcels given in exchange by the rector. Validity of an exchange where a parsonage OF GLEBE. coach-house, stable, garden, and pleasure ground, containing by estimation and also all that garden, contain ing &c., and also all that meadow, containing &c., which said pieces contain in the whole, or thereabouts, together with the timber growing thereon, and now in the tenure or occupation of the said A. B., as such rector as aforesaid, as the same are more particularly described in the map or plan drawn in the margin of these presents, which said map or plan is copied from the map made and General words. verified as hereinbefore is mentioned: AND ALL quarries, furzes, trees, underwoods, coppices, and the ground and soil thereof, mounds, fences, hedges, ditches, ways, waters, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the said parsonage-house, glebe-land, hereditaments, and premises, belonging or in anywise appertaining, or with the same, or any of them, demised, leased, held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member of them, or any part of them, or appurtenant thereto, with their and every of their appurtenances, AND THE REVERSION and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the hereditaments and premises herein before expressed to be conveyed in exchange, AND ALL THE ESTATE, right, title, interest, inheritance, reversion, use, trust, possession, property, claim, or demand whatsoever, both at law and in equity, of him the said A. B. as such rector as aforesaid, of, in, and to the same premises, and every part and parcel thereof: To HAVE AND TO HOLD the said parsonage-house, coach-house, stables, barns, garden, pieces or parcels, hereditaments, and all and singular other the premises hereinbefore expressed to be hereby granted and conveyed in exchange unto the said D. E. and his heirs, IN LIEU OF AND IN EXCHANGE for the fields and hereditaments hereinafter expressed to be Habendum. and no house house is given, authorize such an exchange. They do not expressly enact that if the incumbent parts with his parsonage-house, he shall get another in exchange, but the 1st section of the 55 Geo. 3, c. 147, seems to imply such an intention. taken. granted and conveyed in exchange by the said D. E. unto the rector. ALL THAT &c., [parcels], and which last-described pre- Parcels given mises contain altogether, by admeasurement, or there- in exchange to abouts, together with the timber growing thereon, situate, lying, and being in the parish of aforesaid, as the same are more particularly described in the map or plan drawn in the margin of these presents, which said map or plan is copied from the map made and verified as hereinbefore is mentioned, and all quarries, &c., [general words— see supra, p. 302]: TO HAVE AND TO HOLD the said fields, Habendum. cottages, hereditaments, and all and singular other the premises lastly hereinbefore expressed to be hereby granted and conveyed in exchange unto and to the use of the said (k) See infra, n. (). (1) By the statute 55 Geo. 3, c. 147, s. 12, tenants for life and other incapacitated persons are empowered under certain restrictions to sell or give in exchange lands for the purposes of the act. The tenant for life in the precedent conveys under that power. Incapacitated persons empowered to exchange. OF GLEBE. Covenants by the rector against incumbrances; --and for fur ther assurance. Peculiar use of the word "premises." As to leases of lands taken in exchange by a parson. A. B., as rector of the said rectory of -, and his successors for ever, so that the same fields, cottages, hereditaments, and premises may for ever hereafter be the glebeland and premises (m) of and annexed to the said rectory of, to all intents and purposes whatsoever, and be holden and enjoyed by the same incumbent and his successors, pursuant to the said acts of Parliament, of the fiftyfifth year of the reign of his said Majesty King George the Third, and the sixth year of the reign of his said Majesty King George the Fourth, respectively, IN EXCHANGE for the said parsonage-house, coach-house, stables, garden, glebeland, and premises hereinbefore granted and conveyed in exchange by the said A. B., or expressed and intended so to be (n): [Covenant from A. B. with D. E. against incumbrances, (ante, Vol. 3, p. 249), as to the "rectory house, hereditaments, and premises herein before expressed to be granted and conveyed by him the said A. B. "]: AND FURTHER, THAT he the said A. B. shall and will, from time to time and at all times hereafter, upon every reasonable request to be made for that purpose by the said D. E. or his heirs, or of any other person or persons interested in the premises, and at the proper costs and charges in the (m) The word "premises" is taken from the act; it will be observed that it is not used here in the ordinary technical sense, nor even in its popular sense. (See ante, Vol. 3, p. 200, n. (o); see, too, Hide v. Whistler, Poph. 146; 11 Co. Rep. 51). As to the validity of an exchange when no house is taken by the incumbent in exchange for the parsonage-house granted, see supra, p. 301, n. (i). (n) It is doubtful whether the incumbent can grant a lease which shall be binding on his successor of lands taken by him in exchange; for the statute 13 Eliz. c. 10, s. 3, enacts, that all leases by parsons, or other ecclesiastical persons, other than those "whereupon the accustomed yearly rent or more shall be reserved," shall be utterly void. Thus a lease by a vicar of newly reclaimed lands, which had never before been in a condition to be let, was held void, because there was no accustomed yearly rent. (Doe d. Tennyson v. Lord Yarborough, 1 Bing. 24; S. C. 1 J. B. Moore, 258). If, therefore, the accustomed yearly rent means an accustomed yearly rent on a demise by the incumbent, of course there can be no valid lease (beyond the incumbent's life) of lands newly taken in exchange. But it is possible, that if the lands had been in lease before the exchange, a lease by the incumbent, at the old rent, would be valid. OF GLEBE. Covenants entered into with the rector against incum brances; law of the person or persons requiring the same, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting and conveying in exchange the said parsonage-house, hereditaments, and premises herein before expressed to be granted in exchange by him the said A. B., to the uses hereinbefore limited, expressed, or declared, as by the said D. E. or his heirs, or any of the persons interested in the premises, or his or their counsel in the law, shall be reasonably devised, or advised and required: AND THE SAID D. E. doth hereby for himself, his heirs, executors, and administrators, covenant with the said A. B., his successors and assigns, that he the said D. E. hath not at any time heretofore, made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing, whereby, or by reason or means whereof, he is in anywise prevented or hindered from granting or conveying in exchange the said fields, hereditaments, and premises hereinbefore expressed to be granted and conveyed in exchange by him the said D. E., unto and to the use of the said A. B., his successors and assigns, in manner aforesaid, according to the true intent and meaning of these presents, or whereby, or by reason or means whereof, the said last-mentioned fields, hereditaments, and premises, or any of them, or any part thereof, are, is, can, shall, or may be impeached, charged, affected, or incumbered, in title, estate, or otherwise howsoever: AND FUR- and for furTHER, THAT he the said D. E. shall and will, from time to time and at all times hereafter, upon every reasonable request to be made for that purpose by the said A. B. or his successors, or any other person or persons interested in the premises, and at the proper costs and charges in the law of the person or persons requiring the same, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, ther assurance. |