Parliamentary Papers

11.

Corporate

Bodies may

act by their

And be it Enacted, That in any case in which the consent or concurrence of the Patron of any Benefice or of the Lord of any Manor is Common Seal. hereby required, and the patronage of such Benefice, or (as the case may be) the lordship of such Manor, shall belong to any Dean and Chapter, or Collegiate or other Corporate Body having a common seal, 5 the consent or concurrence of such Dean and Chapter, or Collegiate or other Corporate Body, shall be testified by the sealing of the instrument by which such consent or concurrence is to be testified with the common seal of such Dean and Chapter, Collegiate or other Corporate Body.

12. Person who for the time being would be entitled to

present shall be considered the Patron.

13.

Provision where any Person shall sustain more than One of the Characters of Bishop, Patron and Incumbent.

14.

The Power of the Act to ex

&c. held in Trust for Corporations.

And be it Enacted, That the person or persons (if not more than Two), or the majority of the persons (if more than Two), or the Corporation, who or which would for the time being be entitled to the turn or right of presentation to any Benefice, if the same were then vacant, shall, for the purposes of this Act, be considered to be the 15 Patron thereof: Provided nevertheless, That in the case of the patronage being exercised alternately by different Patrons, the person or persons (if not more than Two), or the majority of the persons (if more than Two), or the Corporation, who or which would for the time being be entitled to the second turn or right of presentation 20 to any Office, Dignity, Preferment or Benefice, if the same were then vacant, shall, for the purposes of this Act, jointly with the person or persons, or Corporation, entitled to the first turn or right of presentation, be considered to be the Patron thereof.

And be it Enacted, That in all cases in which any person shall 25 sustain any more than one of the aforesaid characters of Bishop of the Diocese, Patron, Lord of the Manor and Incumbent, in respect of any Benefice to which the provisions of this Act extend, every such person shall or may at any time act in both or all of the characters which he shall so sustain as aforesaid, and execute and do all and every or any 30 of such deeds and acts as are hereby authorized to be executed and done, as effectually as different persons, each sustaining one of those characters, could execute and do the same.

And be it Enacted, That whenever any Lands or hereditaments tend to Lands, proposed to be leased under the provisions of this Act are or shall be 35 vested in any Trustee or Trustees, in trust for or for the benefit of any Incumbent hereby empowered to grant Leases as aforesaid, in such a manner as that the net income, or Three-fourth parts at the least of the net income of such Lands and hereditaments is, are or shall be payable for the exclusive benefit of such Incumbent, all the powers of this 40 Act which, in case such Lands and hereditaments had been legally vested in such Incumbent for the sole and exclusive benefit of such Incumbent, might have been exercised by such Incumbent in relation

to or affecting the same Lands and hereditaments, shall or may be exercised by such Incumbent in the same or the like manner as the same might have been exercised by such Incumbent in case the same Lands and hereditaments were legally vested in such Incumbent as aforesaid; but in order to give legal effect to any Lease to be executed in relation to any such Lands and hereditaments in pursuance of this Act, the Trustee or Trustees of the premises intended to be affected thereby shall be made a party or parties to such Lease (in addition to the other parties whose concurrence is hereby declared to be requisite to 10 any such Lease), and shall join in the demise intended to be thereby made; and the Trustee or Trustees of any such Lands or hereditaments is and are hereby directed and required at all times to execute any Lease to which he or they may be made a party or parties, with a view to give legal effect to any such Lease as aforesaid, as soon as the same may be tendered to him or them for execution, after the same shall have been duly executed by the Incumbent beneficially entitled to such premises, and the Bishop and Patron, whose consents are hereby declared to be requisite to the validity of any Lease granted by such Incumbent; and the fact that any such Lease is executed by the said other parties shall be a sufficient authority for the execution thereof by the Trustee or Trustees of the same premises; and it shall not at any time afterwards be necessary for such Trustee or Trustees, or for any other person or persons, to prove that such deed was executed by such other parties, or any of them, prior to the execution thereof by such Trustee or Trustees: Provided, That no Trustee shall by virtue of or under this provision be compellable to execute any Lease whereby he shall render himself in any way liable, further than by a covenant for quiet enjoyment by any Lessee against the acts of the Trustee executing such deed.

And be it Enacted, That the part which shall belong to any Incumbent of any Lease or surrender to be granted under the authority of this Act, together with the writing by which a Surveyor shall have been appointed as aforesaid, and the map or plan (if any) certificate, valuation and report herein before directed to be made before the granting of such Lease, shall, within Six calendar Months next after the date of such Lease, be deposited in the office of the Registrar of the Diocese wherein such Benefice shall be locally situated, to be perpetually kept and preserved therein, except where the Benefice shall be under the peculiar jurisdiction of any Archbishop or Bishop, in which case the several documents before mentioned shall be deposited in the office of the Registrar of the peculiar jurisdiction to which such Benefice shall be subject; and such Registrars respectively, or their respective deputies, shall, upon any such deposit being so made, sign and give unto the Incumbent a certificate of such

220.

deposit;

and Office Copies given, which are to be admitted as Evidence of such Instruments in all Courts.

Charges which the Registrar is entitled to make.

16. Interpretation Clause.

Person.

Lands.

Benefice.

Number.

Gender.

deposit; and such Lease and other documents so to be deposited
shall be produced, at all proper and usual hours, at such Registry, to
the Incumbent of the Benefice for the time being, or to the Patron
of such Benefice for the time being, or to any person on their or
either of their behalf applying to inspect the same; and an office 5
copy thereof, respectively certified under the hand of the Registrar
or his deputy (and which office copy, so certified, the Registrar or
his deputy shall in all cases, upon application in that behalf, give to
the Incumbent for the time being of such Benefice), shall in any
action against the Lessee, and in all other cases, be admitted and 10
allowed in all Courts whatsoever as legal evidence of the contents of
such Lease, or of any such other document, and of the due execution
of the counterpart of such Lease by the Lessee, and of the due
execution of the Lease and of every such other document by the
parties who on the face of such office copy shall appear to have 15
executed the same; and every such Registrar shall be entitled to the
sum of Five Shillings, and no more, for so depositing as aforesaid
the documents hereinbefore directed to be deposited, and for cer-
tifying the deposit thereof, and the sum of One Shilling, and no
more, for each search and inspection, and the sum of Sixpence, and 20
no more, over and besides the Stamp-duty (if any), for each folio of
Seventy-two Words of each office copy so certified as aforesaid.

And be it Enacted, That in the construction and for the purposes of this Act the several following words shall have the meanings hereinafter assigned to them respectively (unless there shall be 25 something in the subject or context repugnant to such construction); (that is to say)

The word" Person" shall be construed to include The QUEEN'S Majesty, and any Corporation, aggregate or sole, as well as private individual :

30 The word "Lands" shall be construed to include Lands of any

tenure :

The word "Benefice" shall be construed to comprehend every
Rectory, Vicarage, Perpetual Curacy, Donative, endowed Public
Chapel, Parochial Chapelry, and District Chapelry, the In- 35
cumbent of which in right thereof shall be a Corporation sole:

And every word importing the singular number shall extend and
be applied to several persons or things as well as one person or
thing; and every word importing the plural number shall extend
and be applied to onc person or thing as well as to several persons 40
or things:

And every word importing the masculine gender only shall extend
and be applied to a female as well as a male.

And

And be it Enacted, That this Act shall extend only to that part of the United Kingdom called England and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alderney and Sark.

17.

Act to extend

only to England and Wales, &c.

18.

And be it Enacted, That this Act may be amended or repealed by Act may be any Act to be passed in this present Session of Parliament.

amended or repealed this Session.

and Office Copies given, which are to be admitted as Evidence of such Instruments in all Courts.

Charges which the Registrar is entitled to

make.

16. Interpretation Clause.

Person.

deposit; and such Lease and other documents so to be deposited
shall be produced, at all proper and usual hours, at such Registry, to
the Incumbent of the Benefice for the time being, or to the Patron
of such Benefice for the time being, or to any person on their or
either of their behalf applying to inspect the same; and an office
copy thereof, respectively certified under the hand of the Registrar
or his deputy (and which office copy, so certified, the Registrar or
his deputy shall in all cases, upon application in that behalf, give to
the Incumbent for the time being of such Benefice), shall in any
action against the Lessee, and in all other cases, be admitted and 10
allowed in all Courts whatsoever as legal evidence of the contents of
such Lease, or of any such other document, and of the due execution
of the counterpart of such Lease by the Lessee, and of the due
execution of the Lease and of every such other document by the
parties who on the face of such office copy shall appear to have 15
executed the same; and every such Registrar shall be entitled to the
sum of Five Shillings, and no more, for so depositing as aforesaid
the documents hereinbefore directed to be deposited, and for cer-
tifying the deposit thereof, and the sum of One Shilling, and no
more, for each search and inspection, and the sum of Sixpence, and 20
no more, over and besides the Stamp-duty (if any), for each folio of
Seventy-two Words of each office copy so certified as aforesaid.

The word Person" shall be construed to include The QUEEN'S Majesty, and any Corporation, aggregate or sole, as well as private individual:

Lands.

The word "Lands" shall be construed to include Lands of
tenure :

any

Benefice.

Number.

Gender.

The word "Benefice" shall be construed to comprehend every
Rectory, Vicarage, Perpetual Curacy, Donative, endowed Public
Chapel, Parochial Chapelry, and District Chapelry, the In-
cumbent of which in right thereof shall be a Corporation sole:

And every word importing the masculine gender only shall extend
and be applied to a female as well as a male.

And

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