Clergy Residences Repair Act 1776
| Jurisdiction | UK Non-devolved |
| Citation | 1776 c. 53 |
(17 Geo. 3) C A P. LIII.
'W H E R E A S many of the Parochial Clergy, for want of proper Habitations, are induced to reside at a Distance from their Benefices, by which Means the Parishioners lose the Advantage of their Instruction and Hospitality, which were great Objects in the original Distribution of Tythes and Glebes for he Endowment of Churches:' For Remedy whereof, may it please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That, from and after the twenty-fourth Day ofJune , one thousand seven hundred and seventy-seven, whenever the Parson, Vicar, or other Incumbent, of any Ecclesiastical Living, Parochial Benefice, Chapelry, or perpetual Curacy, being under the Jurisdiction of the Bishop or other Ecclesiastical Ordinary, whereon there is no House of Habitation, or such House is become so ruinous and decayed, or is so mean, that one Year's net Income and Produce of such Living will not be sufficient to build, rebuild, or put the same, with the necessary Offices belonging thereto, in sufficient Repair, shall think fit to apply for the Aid and Assistance intended to be given by this Act, it shall and may be lawful for every such Parson, Vicar, or Incumbent (after having procured, from some skilful and experienced Workman or Surveyor, a Certificate, containing a State of the Condition of the Buildings on their respective Glebes, and of the Value of the Timber and other Materials thereupon, fit to be employed in such Buildings or Repairs, or to be sold, and also a Plan and Estimate of the Work proposed to be done (such State and Estimate to be verified upon Oath, taken before some Justice of the Peace, or Master in Chancery, Ordinary or Extraordinary), and laid the same, together with a just and particular Account in Writing, signed by him, and verified upon Oath, taken as aforesaid, of the annual Profits of such Living, before the Ordinaryand Patron of the Living, and obtained their Consent to such proposed new Buildings or Repairs, by Writing under their respective Hands, in the Form for that Purpose contained in the Schedule hereunto annexed), to borrow and take up at Interest, in the Manner hereafter mentioned, such Sum or Sums of Monty as the said Estimate shall amount unto, after deducting the Value of Timber or other Materials which may be thought proper to be sold, not exceeding two Years net Income and Produce of such Living, after deducting all Rents, Stipends, Taxes, and other Outgoings, excepting only the Salariesto the Assistant Curate, where such a Curate is necessary; and as a Security for the Money so to be borrowed, to mortgage the Glebe, Tythes, Rents, and other Profits and Emoluments, arising or to arise from such Living, to such Person or Persons who shall advance the same, by one or more Deed or Deeds, for the Term of twenty-five Years, or until the Money so to be borrowed, with Interest for the same, and such Costs and Charges as may attend the Recovery thereof, shall be fully said and satisfied, according to the Terms, Conditions, true Intent and Meaning of this Act; which Mortgage Deed or Deeds shall be made in the Forms or to the Effect for that Purpose contained in the said Schedule, and shall bind every succeeding Parson, Vicar, or Incumbent, of such Living, until the Principal and Interest, Costs and Charges, shall be paid off and discharged, as fully and effectually as if such Successor had executed the same.
II Every Mortgagee to execute a Counterpart of the Mortgage, to be kept by the Incumbent, &c.
II. And be it further enacted, That every such Mortgage shall execute a Counterpart of every such Mortgage, to be kept by the Incumbent for the Time being; and a Copy of every such Deed of Mortgage shall be registered in the Office of the Registrar of the Bishop of the Diocese where the Parish lies, or other Ordinary having Episcopal Jurisdiction therein for the Time being, after having been first examined by him with the Original; which Officer shall register the same, and be intitled to demand and receive the Sum of five Shillings, and no more, for such Register; and every such Deed shall be referred to upon all necessary Occasions, the Person inspecting the same paying one Shilling for every such Search; and the said Deed, or a Copy thereof, certified under the Hand of the Registrar, shall be allowed as legal Evidence, in case any such Mortgage Deed shall happen to be lost or destroyed.
III On Failure of Payment of Principal and Interest for forty Days after due, Mortgagee may distrain.
III. Provided always, and be it further enacted, That whenever the Principal and Interest, directed to be paid to the Mortgagee under the several Provisions of this Act, shall be in Arrear and unpaid, for the Space of forty Days after the same shall become due, it shall and may be lawful for such Mortgagee, his Executors, Administrators, or Assigns, to recover the same, and the Costs and Charges attending the Recovery thereof, by Distress and Sale, in such Manner as Rents may be recovered by Landlords or Lessors from their Tenants by the Laws in being.
IV Money borrowe to be paid to such Persons as the Ordinary, &c. shall appoint;
IV. And be it further enacted, That the Money so to be borrowed shall be paid into the Hands of such Person or Persons as shall be nominated and appointed to receive and apply the same for the Purposes aforesaid, by the Ordinary, Patron, and Incumbent, by Writing under their respective Hands, in the Form for that Purpose contained in the said Schedule, after such Nominee shall have given a Bond to the Ordinary, with sufficient Surety, in double the Sum so to be borrowed or raised, with Condition for his duly applying and accounting for the same according to the Directions of this Act; and the Receipt of the Person or Persons so to be nominated shall be a sufficient Discharge to the Person or Persons who shall advance and pay the Money: And the Person or Persons, so to be nominated, shall enter into Contractswith proper Persons for such Buildings or Repairs as shall be approved by the Ordinary, Patron, and Incumbent, and shall be specified in an Instrument written upon Parchment, and signed by them, in the Form for that Purpose contained in the said Schedule; and shall inspect and have the Care of the Execution of such Contracts, and shall pay the Money for such Buildings and Repairs, according to the Terms of such Agreements, and shall take proper Receipts and Vouchers for the same; and as soon as such Buildings or Repairs shall be completed, and the Money paid, shall make out an Account of his Receipts and Payments, together with the Vouchers for the same, and enter them in a Book, fairly written, which shall be signed by him, and laid before the Ordinary, Patron, and Incumbent, and examined by them; and when allowed, by Writing under their respective Hands, in the Form for that Purpose contained in the said Schedule, such Allowance shall be a full Discharge to the Person so nominated, in respect to the said Accounts; and if any Balance shall remain in the Hands of such Nominee or Nominees, the same shall be laid out in some further lasting Improvements in building upon such Glebe, or shall be paid and applied in Discharge of so much of the said Principal Debt as such Balance will extend to pay, at the Discretion of the said Ordinary, Patron, and Incumbent, or two of them, of which the said Ordinary to be one, by Order signed by them, in the Form that Purpose contained in the said Schedule; and an Account shall also be kept, made out, and allowed, of such further Disbursements, in Manner aforesaid: All which Accounts, when made out, completed, and allowed, shall be deposited, with the Vouchers, in the Hands of the said Registrar, and kept by him for the Use and Benefit of the Incumbents of such Living for the Time being, who shall have a Right to inspect the same whenever Occasion shall require, paying to such Registrar, or Deputy Registrar, the Sum of one Shilling for every such Inspection.
V Ordinary to cause Inquiry to be made of the Condition of the Buildings when the Incumbent entered on the Living, &c.
V. Provided always, and be it further enacted, That very such Ordinary, before he or they shall siggnify his or their Consent, in Manner aforesaid, shall cause an Inquiry to be made, and certified to him or hem by the Archdeacon, Chancellor of the Diocese, or other proper Persons living in or near the Parish where such Buildings are proposed to be made or repaired, in the Forms for that Purpose specified in the said Schedule, of the State and Condition of such Buildings at the Time the Incumbent entered upon such Living or Benefice, how long such Incumbent had enjoyed such Living or Benefice, what Money he had received, or may be intitled to receive, for Dilapidations, and how and in what Manner he had laid out what he had so received; and if it shall appear to them that such...
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