CLASS IV. No. 5. G. 3. c. 115. residence of such Rector, Vicar, Curate, or other Minister, PART I. freed and absolutely discharged of and from all rights of common thereon, and any statute prohibiting any alienation in mortmain, or other statute, law, or custom to the Stat. 51 contrary notwithstanding: Provided always, that no grant whatsoever shall be made of any land whatsoever, for any Grants reof the purposes authorized by this Act, unless the church stricted to or chapel for the benefit whereof or of the Minister whereof parochial such grant shall be made shall be a parochial church or chapels. chapel for the service of the United Church of England and Ireland, duly authorized by law, or a church or chapel duly consecrated for the service of such Church, or erected or to be erected for such purpose by and with the licence and consent of the Ordinary of the diocese wherein the same shall be. churches or Anno 55 GEO. III. Cap. 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. [6th July 1815.] WHEREAS in divers ecclesiastical benefices perpetual curacies, and parochial 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 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 cha No. 6. IV. No. 6. Power to houses and houses and PART I. pelries, for one, two, or three lives, or for a term or terms CLASS of years absolutely or determinable on a life or lives, as being holden by Copy of Court Roll or otherwise, under Stat. 55 some manor or lordship belonging to such benefices, perG. 3. c. 147. petual 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 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, exchange from and after the passing of this Act, it shall be lawful parsonage for the Parson, Vicar, or other Incumbent for the time glebe lands being, of any ecclesiastical benefice, perpetual curacy, or for other parochial chapelry, by deed indented, and to be registered lands. in manner herein-after 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 herein-after 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 afore IV. said, to accept and take in exchange to him and his suc- PART I. cessors for ever, from any person or persons, or corporation CLASS sole or aggregate, any other house, outbuildings, yards, No.6. gardens, easements, and appurtenances, and any other lands, Stat. 55 or any or either of such house, outbuildings, yards, gardens, G. 3. c. 147. 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 Writ of Ad any part or parts of the said house, outbuildings, lands, and quod dampremises 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 Proviso. 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 Proviso. 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 ex R пит. IV. PART I. change as aforesaid, shall at the time of making such exCLASS change be of equal value with, or not of less value than the said messuage, buildings, lands, and premises respectively Stat. 55 so to be granted and conveyed in exchange to such Parson, G. 3. c. 147. Vicar, or other Incumbent. No. 6. Premises given in exchange subject to same as those taken in exchange (except in certain cases.) II. Provided always, That in all cases where the lands or any part or parts thereof to be conveyed in exchange to any Parson, Vicar, or Incumbent, and to be annexed as glebe to any benefice, perpetual curacy, or parochial chatithes, &c. pelry, under the authority of this Act, shall either separately or jointly with other lands or tenements be, at the time of such conveyance by any means whatsoever, exempt or discharged from the render of tithes in kind, or subject to or covered by any modus, composition real or prescription in lieu of tithes in kind, then the lands or premises to be conveyed in exchange by such Parson, Vicar, or Incumbent, and which before such exchange were glebe of or belonging to the same benefice, perpetual curacy, or parochial chapelry, shall (unless it be agreed between the parties to such exchange that the same shall become and be subject to the render or payment of tithes in kind) from and immediately after such conveyance in exchange (in case such first mentioned lands are situate in the same parish, vicarage, or parochial chapelry, with the said lands or premises before glebe thereof, or belonging thereto, but not otherwise) become and be either exempt or discharged from tithes in kind, in like manner with or (as the case may be) subject to or covered by the same modus, composition real or prescription in lieu of tithes in kind, as the land so to be conveyed in exchange to the said Parson, Vicar, or Incumbent, were exempt or discharged from, or subject to or covered by, before such exchange was made. III. Provided also, and be it further enacted, That no change In- Incumbent of any benefice, perpetual curacy, or parochial not evicted. chapelry, wherein or in respect whereof any such exchange as is authorized by this Act shall have taken place, or his successors, shall at any time thereafter be evicted or ejected from the peaceable and quiet possession and enjoyment of the house, outbuildings, lands, and premises, or any of them, which shall have been granted and conveyed in exchange to such Incumbent, according to the provisions of this Act, by or by reason or in consequence of any person or persons, or corporation sole or aggregate, claiming right thereto, through any title prior to that of or through any defect of title of the person or persons, or corporation sole or aggregate, granting or conveying the same în exchange; After ex cumbent IV. No. 6. but nevertheless that it shall and may be lawful for such PART I. person or persons, or corporation, claiming such right, and CLASS he, she, or they is and are hereby authorized and empowered to have, use, exercise, and enjoy all such and the same Stat. 55 powers and remedies in trying his, her, or their right to and G. 3. c. 147. in obtaining and recovering possession of any house, outbuildings, land, and premises, or any of them, which shall have been granted in exchange by any such Incumbent, as the person or persons, or corporation sole or aggregate, so claiming would, in case this Act had not been made, have been enabled to use, exercise, and enjoy in trying the right to and in recovering and obtaining possession of the house, outbuildings, lands, and premises, or any of them, in exchange for which the same shall have been so granted and conveyed by any such Incumbent, under the authority of this Act. mises be longing to fore grant or other IV. And be it further enacted, That, from and after the Power to passing of this Act, it shall and may be lawful to and for annex prethe Parson, Vicar, or other Incumbent of any ecclesiastical benefice, perpetual curacy, or parochial chapelry, of or manors, to which benefice, perpetual curacy, or parochial chapelry, and heretoany manor or lordship is parcel or appurtenant, and as able and parcel of or belonging to which manor or lordship any demisable lands or tenements are or have been usually granted or de- as copyhold mised, or grantable or demisable by Copy of Court Roll, or wise. 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 herein-after mentioned) with the consent of the Patron and Bishop (to be testified as herein-after 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 licence or writ of Ad quod damnum; the Statute of Mortmain, or any other statute or law to |