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s. 2.

S. 3.

Trustees of first

fruits empowered

ment, with cure of souls belonging thereto, which either singly, or jointly, or together with what at the time of his acceptance thereof he shall enjoy in the same diocess, shall make up the sum of £100. per annum, shall, after he hath been 3 years in possession thereof from the time of his admission, and having no house thereon fit and convenient for his residence, and any one of such benefices being endowed with such portion of glebe-land as the archbishop or bishop of the diocess shall judge fit and convenient for building thereon, within a time to be limited by such archbishop or bishop, build and improve on such glebe land, in such manner, with such consent, under such rules and limitations, and with such benefits and advantages, and be entitled to such proportion of the money laid out in building and improving on such glebe-lands, as in the 1 Geo. 2. c. 15. mentioned. And by s. 2. every archbishop, &c. shall have the like power to oblige such persons to build, &c. as provided by the 1 Geo. 2. c. 15. which by s. 8. & 1 L. entitles any ecclesiastical person, who shall build or improve on any land granted for glebe in pursuance of this act, to recover 3-4ths of the money certified, from his successor, who shall receive 2-4ths from the next successor, who shall receive from his successor 1-4th of the sum in the first certificate mentioned, according to the 12 Geo. I. c. 10., not exceeding however 14 year's income. But by s. 3. no dignitary, or other incumbent, shall be obliged by this act to build a house upon the glebe belonging to any benefice, the value of which shall not, communibus annis, amount to £50., unless such incumbent shall previously obtain from the trustees of the first fruits a sum not less than £50., which sum they are hereby empowered to grant for such pur

pose.

The trustees of first fruits were also empowered by the to advance mo- 8 Geo. 1. c. 12. s. 7. Ir. to pay to any incumbent or minister having cure of souls, his executors, &c. any sum

ney for these

purposes.

$ 7. Ir.

8 Geo. 1. c. 12. not exceeding £100. towards reimbursing the charge of building a convenient dwelling-house covered with shingles, slates, or tiles, upon the glebe belonging to his benefice;

s. 8.

Ante page 333

11 & 12 Geo.3. c. 16. s. 3. Ir.

$.9.

benefice; such incumbent tendering to said trustees a certificate of such improvement, under the hand and seal of the archbishop or bishop of the diocess. But by s. 8. such sum shall not be comprised in the bishop's certificate to be granted under the 10 W. 3. c.6. And by the 11 & 12 Geo. 3. c. 16. s. 3. Ir. the trustees of first fruits were also empowered to grant to any curate who should succeed to a perpetual curacy, endowed by this or any other act of parliament, any sum not exceeding £150. to enable such curate to build such house, upon an assurance that such house should be built upon a plan and estimate approved of by the archbishop and bishop respectively, and by the said trustees. And by s. 9. they are in like manner empowered to grant the like sum to any curate for building a house, whose cure shall be appropriate to some deanery, archdeaconry, or other dignity, and which shall have been made a perpetual cure, and endowed with a sufficient quantity of glebe. And this provision of this act is extended to cures of parishes appropriate to any archbishoprick or bishoprick, by the 23 & 24 Geo. 3. 23 & 24 Gen. 3. c. 49. s. 1. Ir. The 48 Geo. 3. c. 65. s. 10. I. recites the above Irish acts (8 Geo. 1. c. 12. and 11 & 12 Geo. 3. c. 16.) and that it is expedient that the said sums should be increased in certain cases; and therefore enacts, that where the annual value of any benefice shall not exceed £200., it shall be lawful for the said trustees to pay any sum not exceeding £400.; and where it shall exceed £200., and not exceed £250., to pay any sum not exceeding £350.; and where it shall exceed £250., and not exceed £300., to pay any sum not exceeding £300.; and where it shall exceed £300., and not exceed £350., to pay any sum not exceeding £250.; and where it shall exceed £350., and not exceed £400., to pay any sum not exceeding £200.; and for every benefice the annual value of which shall not exceed £100., and for every perpetual curacy, to pay any sum not exceeding £450., as the trustees shall think fit, to such incumbents or perpetual curates, their executors, adininistrators, and assigns, towards defraying the charge, which such incumbent, &c. may incur or have been at in building any such dwelling

house;

c. 49. s. 1. Ir. 48 Geo. 3. c.65.

s. 10. I.

s. 12.

S. 11.

$.7.

13.

house: and they are hereby empowered to pay any of the said sums in advance, and in such proportions and by such instalments as they shall think fit, before such house is begun to be built, upon an assurance that such house shall be built upon a plan and estimate approved of in such manner as in the 11 & 12 Geo. 3. c. 16. is directed; provided that the last of said instalments shall be £100., and that such instalment shall not be paid, until a certificate shall be tendered as directed by the 8 Geo. 1.c. 12. Ir. and unless it shall appear by said certificate, that the whole amount of the sum granted by the trustees has been duly expended in addition to the amount of the value of 2 years income of the benefice, or in case of a perpetual curacy in addition to the sum of £50.; provided also that where the annual value of any benefice shall exceed £400., the trustees may pay £100. and no more, in manner directed by the 8 Geo. 1. c. 12. And for ascertaining the clear improved yearly value of such small benefices, this act (s. 12.) empowers and requires the archbishops and bishops of every diocess, by the oath of 2 or more witnesses (which oath they or any person commissioned by them under their hands and archiepiscopal or episcopal seals may administer) as by all other lawful ways, to inform themselves of the clear yearly value of every benefice with cure of souls, living, or curacy appropriate or impropriate, and of the maintenance of every parson, vicar, curate, or minister, who shall apply to receive the said increased sum, and to certify the same under their hands and seals to the trustees, &c. of first fruits. And this act (as already observed, page 173) directs the application of the sum of £50,000. which was granted by the 43 Geo. 3.c. 158. for building glebe-houses in Ireland, and for this purpose enacts (s. 11.) that the treasury of Ireland shall pay out of said £50,000. the respective sums which the trustees, &c. of first fruits are empowered by this act to pay, in aid of the erection of glebe houses, upon such certificate of the treasurer of the said trustees, as is directed by s. 7. of this act: and for securing the due application of the money granted, the archbishop or bishop of the diocess may by (s. 13.) sequester the

profits

profits of the benefice, if upon inquiry by commissioners to be appointed by such archbishop, &c. it shall appear that the money hath not been duly expended, and that such incumbent shall not complete the same, within 6 months after the date and delivery of an order for that purpose. And by this clause of the act the incumbent and all other persons shall be liable to the repayment of the money so advanced, and to the payment of interest, and to all other rules and regulations contained in the 43 Geo. 3. c. 158. s. 2. which refers to the 43 Geo. 3. 43Geo.3.c.106, c. 106. which provides (s. 1.), that the trustees and com- s. 1. Ir. missioners of first fruits in Ireland may from time to time, and in such proportion as they shall think proper, advance out of the funds entrusted to their care to the incumbent of any benefice, parish, or union of parishes, who shall apply for aid, any sum not exceeding 2 years net income of such benefice, &c. to be applied to the purposes of building a glebe-house and offices, and making other improvements, or in the purchase of a house already built, for the suitable residence of such incumbent and his successors, or in the purchase of glebe or demesne lands fit for the erection of such glebe-house and offices. But by s. 4. the trustees shall previously take a bond to the king for repayment of the same with interest. And by s. 2. the incumbent of such benefice and his successors shall repay so much of the said sum so advanced, as shall become due during their respective incumbencies, to the trustees, by annual instalments of £6. per cent.; the first of which instalments shall be made on the 1st July next after one year from the day on which the last sum shall be advanced, (or within 21 days after); £6. per cent. more on the 1st July, (or within 21 days after,) in every succeeding year, until £96. shall be paid; and the remaining £4. on the 1st day of July (or within 21 days after) in the year succeeding that in which the last instalment making £96. shall have been paid. And by s. 12. the trustees may require interest if they think fit. And this act (s. 5.) provides for enforcing such payment by sequestering the profits of such benefice, &c.

The law of Ireland has not only promoted this duty of residence by encouraging, and in some cases by compel

ling

s. 4.

s. 2.

s. 12.

1.5.

changes, and

10 W. 3. c. 6.

s. 2. Ir.

11 & 12 Geo. 3.

Purchases, ex- ling the building of glebe-houses, but by authorizing the endowments of purchase and exchange of glebes. The 10 W. 3. c. 6. glebes legalized. s. 2. Ir. (as amended by the 11 & 12 Geo. 3. c. 17.s. 1. & 2.) enacts, that it shall be lawful for any archbishop with the c.17.8.1.&2. Ir. approbation of the chief governor, or for any bishop with the approbation of the archbishop of the province, and for any other ecclesiastical person with the consent of the bishop of his diocess, certified in writing under their hands and seals, to purchase to them and their successors within their respective dioceses, houses already built with conveniences thereunto belonging, or lands and tenements fit for such buildings, &c. for their habitation, to be part of their demesne, glebe, or mensal land, unalienable, and not to be let or disposed of to any other use whatsoever; and the purchase money for the same, and the charges of buildings, additions, and repairs, being ascertained and certified, shall be repaid in the proportions, at the times, and in the manner directed by the 12 Geo. 1. c. 10. (ante page 333.) And a fee farm lease, or a lease of lives with a covenant of renewal for

s. 4. Ir.

ever, shall be deemed to be a purchase, and a groundrent may be reserved out of the premises so purchased. 8 Gec. 1. c. 12. It is also a provision of the 8 Geo. 1. c. 12. s. 4. Ir. that if any incumbent shall purchase glebe-land, and endow his church with the same, reserving no rent thereout, he, his executors, &c.; shall be entitled to 2-3ds of his purchase-money, to be paid by his immediate successor, his executors, &c.; and such successor, his executors, &c. shall be entitled to one half of what he shall so pay; which sums shall be paid and recovered at such times and in such manner as provided by 10 W. 3. c. 6. in respect to money laid out in buildings, &c. By the following Irish statutes 15 Car. 1. c. 11.; 2 Geo. 1. c. 14.; 8 Geo. I. c. 12.; 10 Geo. 1. c. 6.; 1 Geo. 2. c. 15.; 3 Geo. 2. c. 12.; 31 Geo. 2. c. 11.; 11 & 12 Geo. 3. c. 16.; 13 & 14 Geo. 3. c. 27.; 15 & 16 Geo. 3. c. 17.; and 23 & 24 Geo. 3. c. 49. archbishops, bishops, deans, dignitaries, and prebendaries, deans and chapters, or any ecclesiastical or lay corporation, as also tenants in fee, in tail, or for life, in possession, are enabled to endow with glebe any church,

chapel,

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