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Commission of enquiry.

Instruc. tions if ex

proved.

pose the names of three beneficed clergymen of the diocese in which his living is situate, and of three laymen of respectability, to be inserted in a commission of enquiry to be issued, authorising them to view the two estates, and requiring them to return specific answers to the queries annexed to the commission, both as to the Church estate and the estate to be received in exchange for the same distinctly. The commission and queries are nearly in the same form as those used in enquiries as to the proposed purchases.

The Governors, in case the answers of the commischange ap- sioners to the queries are satisfactory, approve the exchange, of which the Incumbent is immediately informed by the Secretary, and the papers are then forwarded to the Governors' Solicitor, to whom the Incumbent is then referred for all further necessary directions for completing the business, and it is then the duty of the Solicitor (at the cost of the parties proposing the exchange, who are required to sign an undertaking to pay all the costs and expences which may attend it,) to inspect the title to the house or land to be given in exchange, and to prepare the necessary deeds.

Expences of ex

not paid by

As the Governors bear no part of the expences changes attending exchanges, which are considerable; IncumGovernors. bents should be careful to stipulate, if they can, that the expences of the Surveyor, and the law expences, or at least a moiety thereof, be paid by the parties with whom they exchange.

Loans of Money advanced on Mortgage to Incumbents, by the Governors of Queen Anne's Bounty; to enable them to Build, Rebuild, Improve, or Repair Parsonage Houses and Offices.

Acts17G.3,

ch. 53.

21 G. 3.

ch. 66.

An Act was passed in the 17th year of the reign of Gilbert's his late Majesty King George the Third, chap. 53, intituled, " An Act to promote the residence of the parochial Clergy, by making provision for the more speedy and effectual building, rebuilding, repairing, or purchasing houses and other necessary buildings and tenements for the use of their benefices." This Act was explained and amended by another Act passed in the 21st year of the reign of his said late Majesty, chap. 66, which Acts are well known by the name of Gilbert's Acts. By the first of the said Acts (sect. 12.) it is Governors enacted, "that it shall and may be lawful for the Go- to advance vernors authorised or appointed to regulate and super

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empowered

money on

mortgage bents to

to Incum

build, re

build, &c.

Houses.

intend the Bounty given by her late Majesty Queen Anne, for the augmentation of the maintenance of the poor Clergy, to advance and lend any sum or sums of Parsonage money, not exceeding the sum of 100l. in respect of each living or benefice, out of the money which has arisen, or shall from time to time arise from that Bounty, for promoting and assisting the several purposes of this Act, with respect to any such livings or benefices as shall not exceed the clear annual improved value of 50%. And such mortgage and security shall be made for the repayment of the principal sums so to be advanced as are herein before-mentioned, but no interest shall be paid for the same. And in cases where

1st Loan of

Money under these Acts.

nors re

solved to avail themselves of

the

powers of these

the annual value of such living or benefice shall 'exceed the sum of 50%. that 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 41. for 100l. by the year.”

In pursuance of the power so given to the Governors, they agreed, at a general Court held on the 16th day of December, 1779, to advance to the Incumbent of the, chapelry of Kirkby Lonsdale, in the county of Westmoreland and diocese of Chester, the sum of 951. being the amount to two years income of that chapelry, on the security of a mortgage of the profits thereof. And this is the only instance of a loan of money by The Gover the Governors under the powers of the said Acts for many years after the passing thereof, the Governors having upon consideration invariably rejected all applications. But when the paramount importance of the residence of the Clergy, and the means of promoting it in more recent times, occupied the attention of the heads of the Church (who have always taken the lead in the management of Queen Anne's Bounty,) it did not fail to strike them that by adopting the plan of lending money as authorised by the beforementioned Acts, they would not only invest their funds on good security, but would largely contribute to the convenience and comfort of the Clergy, and greatly promote residence, by lending to the Incumbents of livings, money to enable them to purchase, build, rebuild, enlarge, or improve glebe houses.

Acts.

since 1811

no less

362,1291.

gage to In

loans now

annual in

The Govenors accordingly in the year 1811 set They have apart the sum of 50,000l. to be lent in the manner advanced before-mentioned, and that sum being rapidly disposed than of, they from time to time set apart further sums, and 11s. 5d. continued their loans to all applicants, and between on mort the above-mentioned year and the end of 1825, cumbents. they have advanced to Incumbents of livings sums of money on mortgage of the profits thereof, amounting to the sum of 362,129l. 11s. 5d. For interest, the Interest on Governors at first received 41. per cent. per annum, 34 per cent. but they have lately availed themselves of the power Principal given by the Act hereinafter referred to, and have repaid by reduced the rate of interest to 31. per cent. per annum stalments. on all monies remaining due on these loans. The Incumbents who do not reside twenty weeks in the year, are bound to pay yearly one tenth; and those who do reside for twenty weeks in the year, one twentieth part of the principal sums borrowed by them; but by an Act of Parliament passed in the fifth year of the reign of his present Majesty King George the Fourth, chap. 89, intituled "An Act for the relief Act 5. G. 4. ch. 89. for in certain cases of the Incumbents of ecclesiastical relief of Inlivings or benefices mortgaged for building, rebuilding, of mortrepairing, or purchasing houses and other necessary ings, who buildings and tenements for such benefices," (Sect. 6.) it is enacted, "that in case any Incumbent of any living or benefice mortgaged or to be mortgaged by virtue of the said former Acts, who shall not reside twenty weeks in any year upon such living or benefice, shall have been non-resident in the same year by licence of the Bishop of the diocese within which such living or benefice shall be locally situate, granted by reason or on account of any actual illness or infirmity

cumbents

gaged liv

may be li

cenced to resident on

be non

account of

s

of mind or body of such Incumbent, or of his wife or child, making part of and residing with him as part of his family; such Incumbent shall for every year in which he shall be non-resident by such licence, pay to the mortgagee or mortgagees of his living or benefice the like sum as he would have been liable to pay by virtue of the said former Acts, or any agreement made. under the powers of this Act, in case he had resided twenty weeks in the same year upon his said living or benefice, and no other or greater sum; provided that every such Incumbent at the time of making such payment, or some person on his behalf, shall deliver to the mortgagee or mortgagees, a certificate under the hand of such Bishop, that such Incumbent was nonof cause of resident in the year for which such payment shall be made, by the licence of the said Bishop, granted for some, or one of the causes herein before-mentioned, to be specified in the said certificate." And (by sect. 7.) it is enacted, "That it shall and may be lawful to and for the said Governors of the Bounty of Queen Anne, for the augmentation of the maintenance of the Poor Clergy, at any time or times after the may reduce ing of this Act, to reduce the rate of the interest secured

Certificate

non-residence.

Governors

rate of interest.

Certificates of

pass

to them by any mortgage or mortgages heretofore made to them under the authority of the said former Acts, and thereafter to become due, to such rate or rates as to them shall appear just and reasonable."

If Incumbents have been so long resident in any Residence. year (twenty weeks) as to be only liable to pay the yearly instalment at the rate of 57. per cent. they must severally produce to the Treasurer a certificate in the following form signed by two neighbouring Clergymen, and countersigned by their Diocesan.

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