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after reciting the before-stated section, in the Act Ist Geo. I. chap. 10, and that it was expedient that such augmented Churches, Curacies, and Chapels, should be subjected to the same rules as benefices with respect to the avoidance of other benefices, it is enacted, “ That such augmented Churches, Curacies, and Chapels, shall be considered in law as benefices presentative, so as that the licence thereto shall operate Licence to in the same manner as institution to such Benefices, mented and shall render voidable other livings, in like manner render as institution to the said Benefices; and (by sec. 4,) other bene
fices, after reciting that doubts had lately been entertained, whether the acceptance of such augmented Churches, Curacies, and Chapels, had rendered voidable in law such other benefices as the Incumbents possessed, before their acceptance of the same; and that it was fit that many Incumbents who had accepted such Churches, Curacies, and Chapels, should be quieted in the possession of the Benefices they enjoyed before the acceptance of the same, “it is enacted and declared, that all such Benefices as were held in conjunction Benefices with augmented Cures before the passing of this Act, augmented shall continue to be held by the present Incumbents the passing therewith ; and that it shall not be lawful to present shall contito the said Benefices until they shall become void or beld there
with. voidable by death or cession, or by other lawful cause of avoidance arising after the passing of this Act.”
It is held that the licence to an augmented Cure, or Observa. the continuing to hold a Cure after its auginentation avoidance by the Governors, renders voidable a benefice held by by amiga such Incumbent before such licence, or before such mented augmentation. And that an augmented Cure will be rendered voidable by the collation or institution of the
Incumbent thereof to a Rectory or Vicarage, or by his licence to another augmented Cure. Some further Parliamentary enactments
year 1807 to have been contemplated on this subject—when a temporary Act of Parliament passed, viz. 47 Geo. III. sess. 2, chap. 75, intituled, “ An Act for suspending the operation of an Act of the 36th year of his present Majesty, for the further support and maintenance of Curates within the Church of England, and for other purposes in the said Act mentioned so far as relates to the avoidance of Benefices, by the Incumbents thereof having accepted augmented curacies.”
This Act expired in the following year, therefore, and as no further Act of Parliament on this subject has been passed, the law remains with respect to the avoidance of Benefices by augmentations made by the Governors of Queen Anne's Bounty, as before the passing of such temporary Act.
. By an Act passed in the 59th year of his late Majesty King George the Third, chap. 134, intituled, “ An Act to amend and render more effectual an Act passed in the last session of Parliament, for building and promoting the building, and promoting of additional churches in populous parishes” (sec. 16,) it is enacted, “ That it shall be lawful for the Commissioners, in the same manner and with the like consents, as are required in case of divisions into ecclesiastical districts, under the said recited Act or this Act, to assign a particular district to any Chapel of Ease or Parochial Chapel already existing, or to any Chapel built, or which may hereafter be built or acquired under the powers of the said Act, or this Act, and such district shall be under the immediate care of the
59 Geo. III. ch. 134. amended church building Act.
Curate appointed to serve such Chapel, but subject nevertheless to the superintendence and control of the Incumbent of the Parish Church; and all such Curates shall be nominated by the Incumbent of the parish to the Bishop for his licence, except where the right of nomination shall already be legally vested in any other person or persons, and in every such case by the person or persons possessing such right of nomination, subject to all the laws in force relating to Stipendiary Curates, except as to the assigning of salaries to such Curates.” And it is amongst other things provided, certain " that no such chapelry shall become a benefice by not to be reason of any augmentation of the maintenance of the nefices by Curate, by any grant or bounty under the provision of augmentaany Act or Acts of Parliament, or law or laws for augmenting small livings; any thing in such Act or Acts of Parliament, or law, or laws to the contrary notwithstanding."
Lapse of vacant augmented Cures for want of Nomi
nation by the Patron.
By the before-mentioned Act of the 1st Geo. I. 1 Geo. I. chap. 10. (sec. 6.) it is enacted, “ That in case such (Sec. 6.) augmented Cures be suffered to remain void by the space of six months, without any nomination within Augmenttbat time of a fit person to serve the same (by the vacant six person or persons having the right of nomination lapse to the
Bishop. thereunto,) to the Bishop or other Ordinary, within that time, to be licenced for that purpose, the same
ed Cures if .
And to the shall lapse to the Bishop or other Ordinary, and from Metropojitan.
him to the Metropolitan, and from the Metropolitan And to the to the Crown, according to the course of law used in
cases of presentative livings and benefices, and the right of nomination to such augmented Cure may be granted or recovered ; and the Incumbency thereof may and shall cease and be determined, in like manner, and by the like methods, as the presentation to, or Incumbency in any Vicarage presentative may be
now respectively granted, recovered or determined.” shala suffer And by sect. 7, it is provided, “ in case the person lapse to in
or personis entitled to nominate to such augmented sball nomic Cure, shall suffer lapse to incur, but shall nominate advantage before any advantage taken thereof by the Ordinary, such nomi- Metropolitan, or Crown, respectively, that such nomigood, nation shall be as effectual, as if made within six though cure lapsed months ; although so much time be before lapsed, as
that the title of lapse be vested in the Crown."
to the Crown.
The Officers of the Corporation.
The two officers named in the first charter, are a Secretary, and a Treasurer.
The Secretary is directed by the said charter, " to act and perform all such matters and things for and on the behalf of the said Corporation, as shall be found requisite and necessary to be executed and performed by him in such office.” The Secretary appointed by the said charter was John Chamberlain, Esq. The present Secretary, (appointed in 1822,) is Christopher Hodgson, Esq. who resides in the house belonging to the Governors, (wherein they hold their meetings) in Great Dean's Yard, Westminster, and has his office there ; and the official business requiring it, he is assisted by Mr. Thomas Glanfield, senior clerk, and Mr. John Holford, junior clerk.
The Treasurer appointed by the said charter was Treasurer. Edward Tennison, senior, gentleman. The present Treasurer, (appointed in 1807,) is John Paterson, Esq. whose office is at No. 68, Old Broad-street, in the City.
By the first charter, the appointment of the Secretary and Treasurer, whenever a vacancy might happen, was given to the Governors; but by the second charter, the appointment of those officers was reserved to the Appointed Crown ; and the several persons who have since filled, con and those who now hold the two offices, bave (upon better the recommendation of the Governors,) been appointed by Letters Patent under the Great Seal, during the pleasure of the Crown. Soon after the establishment of the Corporation, by reason of the purchases of Counsel. lands and tythes made by the Governors to augment small livings, and on account of the various legal matters consequent upon the increasing business of the board, a Counsel learned in the law, and a Solicitor, were appointed by the Governors to assist them; the Solicitor. present Counsel is William Courtenay, Esq. and John Dyneley, Esq. of Gray's-Inn, is the Solicitor.
It may be useful to the Clergy to point out in a general way the distinct duties of the Treasurer, the
Treasurer, the duties of Solicitor, and the Secretary; that they may the better the Officers know to which of those officers to refer, when they poration.