Augmentation of Benefices Act 1831
| Jurisdiction | UK Non-devolved |
| Citation | 1831 c. 45 |
| Year | 1831 |
(1 & 2 Will. 4) C A P. XLV.
[15th October 1831]
'WHEREAS by an Act passed in the Twenty-ninth Year of the Reign of His late Majesty KingCharles the Second, intituled , it was amongst other Things enacted, that all and every Augmentation, of what Nature soever, granted, reserved, or agreed to be made payable, or intended to be granted, reserved, or made payable, since the First Day ofJune in the Twelfth Year of His said Majesty's Reign, or which should at any Time thereafter be granted, reserved, or made payable to any Vicar or Curate, or reserved by way of Increase of Rent to the Lessors, but intended to be to or for the Use or Benefit of any Vicar or Curate, by any Archbishop, Bishop, Dean, Provost, Dean and Chapter, Archdeacon, Prebendary, or other Ecclesiastical Corporation, Person or Persons whatsoever, so making the said Reservation out of any Rectory Impropriate or Portion of Tithes belonging to any Archbishop, Bishop, Dean, Provost, Dean and Chapter, or other Ecclesiastical Corporation, Person or Persons, should be deemed and adjudged to continue, and be and should for ever thereafter continue and remain, as well during the Continuance of the Estate or Term upon which the said Augmentations were granted, reserved, or agreed to be made payable, as afterwards, in whose Hands soever the said Rectories or Portion of Tithes should be or come, which Rectories or Portions of Tithes should be chargeable therewith, whether the same should be reserved again or not; and the said Vicars and Curates respectively were thereby adjudged to be in the actual Possession thereof for the Use of themselves and their Successors, and the same should for ever thereafter be taken, received, and enjoyed by the said Vicars and Curates, and their Successors, as well during the Continuance of the Term or Estate upon which the said Augmentations were granted, reserved, or agreed to be made payable, as afterwards; and the said Vicars and Curates should have Remedy for the same, either by Distress upon the Rectories Impropriate or Portions of Tithes charged therewith, or by Action of Debt against that Person who ought to have paid the same, his Executors or Administrators, any Disability in the Person or Persons, Bodies Politic or Corporate so granting, or any Disability or Incapacity in the Vicars or Curates to whom or to or for whose Use or Benefit the same were granted or intended to be granted, the Statute of Mortmain, or any other Law, Custom, or other Matter or Thing whatsoever, to the contrary notwithstanding; provided always, that no future Augmentation should be confirmed by virtue of the said Act which should exceed one Moiety of the clear yearly Value above all Reprises of the Rectory Impropriate out of which the same should be granted or reserved; and it was thereby also enacted, that if any Question should thereafter arise concerning the Validity of such Grants, or any other Matter or Thing in that Act mentioned and contained, such favourable Constructions, and such Remedy, if need be, should be had and made for the Benefit of the Vicars and Curates as theretofore had been had and made or might be had for other charitable Uses upon the Statutes for charitable Uses: And whereas it is expedient that the Powers and Provisions of the said Act should be amended and enlarged;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritualand Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said recited Provision by which the Amount of any Augmentation is restricted and limited to One Moiety of the clear yearly Value above all Reprises of the Rectory Impropriate out of which the same should be granted and reserved, shall, so far as relates to any Augmentation which may be granted after the passing of this Act, be and the same is hereby repealed.
II Explaining Doubts as to Portion of Tithes, &c.
II. 'And whereas Doubts may arise by reason of the Mention of Portion of Tithes in the said recited Act;' be it enacted, That the Provisions of the said recited Act shall extend to any Augmentation to be made out of Tithes, although the same may not be a Portion of Tithes; and further, that it shall be lawful, under the Power given by the said recited Act, to grant, reserve, or make payable any such Augmentation as aforesaid to the Incumbent of any Church or Chapel within the Parish or Place in which the Rectory Impropriate shall lie, or in which the Tithes or Portion of Tithes shall arise, (as the Case may be,) whether such Incumbent shall be a Vicar or Curate, or otherwise: Provided also, that no such Augmentation shall be made payable to any other Person whomsoever.
III Recited Act to extend to Augmentations by Colleges and Hospitals.
III. And be it further enacted, That in every Case in which any Augmentation shall at any Time hereafter be granted, reserved, or made payable to the Incumbent of any Church or Chapel, or reserved by way of Increase of Rent to the Lessors, but intended to be to or for the Use or Benefit of any Incumbent, by the Master and Fellows of any College, or the Master or Guardian of any Hospital so making the said Grant or Reservation out of any Rectory Impropriate, or Tithes or Portion of Tithes, belonging to the Master and Fellows of such College, or the Master or Guardian of such Hospital, all the Provisions herein-before recited and set forth, except the Provision herein-before repealed, shall apply to such Case in the same Manner as if the same Provisions, except as aforesaid, (with such Alterations therein as the Difference between the Cases would require,) were herein expressly set forth and enacted with reference thereto: Provided always, that every such Augmentation shall be made to the Incumbent of some Church or Chapel within the Parish or Place in which the Rectory Impropriate shall lie, or in which the Tithes or Portion of Tithes shall arise (as the Case may be).
IV The same Statute to extend to Augmentations made by Spiritual Persons, Colleges, and Hospitals, out of any Hereditaments, to any Church or Chapel being in their Patronage.
IV. And be it further enacted, That in every Case in which any Augmentation shall at any Time hereafter be granted, reserved, or made payable to the Incumbent of any Church or Chapel being in the Patronage of the Grantor or Grantors, or Lessor or Lessors, or be reserved by way of Increase of Rent to the Lessor or Lessors, but intended to be to or for the Use or Benefit of any such Incumbent, by any Archbishop, Bishop, Dean, Dean and Chapter, Archdeacon, Prebendary, or other Ecclesiastical Corporation, Person or Persons whatsoever, or the Master and Fellows of any College, or the Master or Guardian of any Hospital so making the said Grant or Reservation out of any Lands, Tenements, or other Hereditaments belonging to such Archbishop, Bishop, Dean, Dean and Chapter, Archdeacon, Prebendary, or other Ecclesiastical Corporation, Person or Persons whatsoever, or the Master and Fellows of such College, or the Master or Guardian of such Hospital, all the Provisions herein-before recited and set forth (except the Provision herein-before repealed) shall apply to such Case in the same Manner as if the same Provisions, except as aforesaid, (with such Alterations therein as the Difference between the Cases would require,) were herein expressly set forth and enacted with reference thereto.
V All such Augmentations to be in the Form of annual Rents.
V. Provided also, and be it further enacted and declared, That every Augmentation which at any Time hereafter shall be granted, reserved, or made payable, either under the Power given by the said recited Act, or under either of the Powers herein-before contained, shall be in the Form of an annual Rent, and that the Provisions of the said recited Act, and the Provisions herein-before contained, shall not apply to any other kind of Augmentation whatsoever to be made after the passing of this Act.
VI Where Hereditaments are in Lease, a Part of the reserved Rent may be granted as an Augmentation.
VI. And be it further enacted and declared, That where any such Rectory Impropriate, or Tithes or Portion of Tithes, or any such Lands, Tenements, or other Hereditaments as aforesaid, shall respectively be subject to any Lease on which an annual Rent shall be reserved or be payable to the Person or Persons or Body Politic making the Augmentation, it shall be lawful, during the Continuance of such Lease, to exercise the Power given by the said recited Act, or either of the Powers herein-before contained, (so far as the same shall apply,) by granting to the Incumbent of the Benefice intended to be augmented a Part of the Rent which shall be so reserved or made payable as aforesaid, and then and in every such Case the same Premises shall for ever, as well after the Determination of such Lease as during the Continuance thereof, be chargeable to such Incumbent, and his Successors, with the Augmentation which shall have been so granted to him as aforesaid; and from and after such Time as Notice of the said Grant shall be given to the Person or Persons...
To continue reading
Request your trial