|
|
Endowment of Provision for Rectors and Vicars by Restoration of Ecclesiastical Property.
Patronage in respect of 10 & 11 Car.1.c.2.s.5.
|
XXXVI. That it shall be lawful for any Person, being under no Disability or Incapacity, or for any Body Politic or Corporate, seised of any Impropriation of any Parsonage, Rectory, Vicarage, or other Ecclesiastical Benefice, or of any Glebe Lands, Tithes, Portions, or other Property heretofore ecclesiastical, of any Estate of Inheritance, in possession, reversion, or remainder, by any Deed duly executed under Hand and Seal, or under the Corporate Seal, or by last Will and Testament duly executed in the Case of a private Person, and without any Licence of Alienation or in Mortmain, to restore, dedicate, devise, or convey the same or any Part thereof to the Rector or Vicar of the Parish in which the said Ecclesiastical Property shall be situate, and his Successors for ever, and in case there shall happen to be no Parson, Rector, or Vicar endowed within the said Parish, to the Bishop of the Diocese and his Successors for ever, in trust to and for the Use of such Minister or Curate as shall serve the Cure in the said Parish until there shall be a Rector or Vicar there established, and then and thereafter to the sole Use of the Rector or Vicar of the said Parish and his Successors for ever, and thereupon, from and after the Execution of the said Deed, or the Death of such Testator, and the Registry of such Deed or Will in the Manner herein-after provided, the said Rector and Vicar and his Successors, or the said Bishop and his Successors, shall stand and be seised thereof to him and his Successors for ever of an absolute and indefeasible Estate in Fee Simple; and in case there shall be no Parson or Vicar endowed within the said Parish, and there shall be limited and assured as aforesaid a competent Provision in Glebe Lands, Tithes, or other the Premises aforesaid, which shall be in the Judgment of the Bishop of the said Diocese adequate to the Support and Maintenance of a Rector or Vicar to serve the Cure of said Parish, it shall be lawful for the said Bishop to ordain, constitute, and appoint a sufficient Minister to be Rector or Vicar of the said Parish in a perpetual Succession to him and his Successors for ever, and to cause him to be admitted, instituted, and inducted as Parson and Rector or Vicar thereunto, which Ordination, Constitution, and Appointment, Institution and Induction, shall within Six Months thereafter be enrolled in the Rolls Office of the High Court of Chancery in Ireland, and from and after the Enrolment thereof the said Parson or Vicar so ordained, instituted, and inducted shall be the Parson or Vicar of the said Rectory, Church, and Parish to him and his Successors for ever in perpetual Succession, and shall be seised to him and his Successors for ever of all and every the Parsonage or other Benefice, Appropriation, Glebe Lands, Tithes, and Premises conveyed or devised as aforesaid to the Bishop of the Diocese as aforesaid of an absolute and indefeasible Estate in Fee Simple as Parson and Rector or Vicar of that Church and Parish; and in case such Endowment shall be the sole and only Provision of such Rector or Vicar in right of the same Benefice, or Four Times in yearly Value so much or more as such Rector or Vicar formerly had in right of the said Benefice, in such Case the sole Patronage of such Benefice shall belong to such Donor or Devisor and his Heirs and Successors only, but if the same be only Three Times so much, then such Donor or Devisor, his and their Heirs and Successors, shall have upon the successive Avoidances Three Presentations, and the former Patron One Presentation, and if but twice as much, then said Donor or Devisor, his or their Heirs or Successors, shall have upon the successive Avoidances Two Presentations, and the former Patron One Presentation, and if of equal yearly Value, or any greater Value not amounting to the double Value, then the said Donor or Devisor, his or their Heirs and Successors, with such former Patron, shall present by Turns, whereof the said Donor shall have the first; and, on the other hand, where the former Endowments of such Benefice shall exceed the yearly Value of said Endowment under the foregoing Provision, the like Proportion and Order to be holden as to the Right of Presentation thereto, the said Order and Proportion to be determined by Commission to be granted out of the Court of Chancery at the proportionable Charge of the said Donor and former Patron, which being executed and returned into the said Court of Chancery shall be final to all Parties.
|
