Uniting the rectory of Clifton Maybank and the vicarage of Bradford Abbas (Dorset), exchanging parts of the glebe of the vicarage for land in the same parish belonging to the Marquess of Anglesey and the Earl of Uxbridge, apportioning the rectorial and vi Act 1824
| Jurisdiction | UK Non-devolved |
ANNO QUINTO
GEORGII IV. REGIS.
Cap.23.
An Act for uniting the Rectoiy of Clifton Mayhank
otherwise Clifton in the County of Dorset with die
Vicarage of Bradford Abbas otherwise Bradford
in the same County; and for an Exchange of
Part of the Glebe Lands of the said Vicarage for
Lands of the Most Honourable Henry William
Marquess of Anglesey and the Right Honourable
Henry Paget commonly called Earl of Vxbridge,
his eldest Son, in the same Parish; and for
apportioning the Rectorial and Vicarial Tithes of
the said Parish of Milborne Port; and for an
Exchange between the Warden and Scholars,
Clerks of Saint Mary College of Winchester near
Winchester, and the said Marquess and Earl, of
the Manor and Impropriate Rectory and Advow-
son of the Vicarage oi
Milborne
Port in the County
of
Somerset,
and divers Lands and Hereditaments
in the Parish of Milborne Port, for the Manor of
[Private.'] 6p Sher-
518 5'GEORGII XSf.
CapM.
Sherborne
Wyke, and divers Farms and Lands and
Impropriate Tithes in the Parishes of
Sherborne,
;
Bradford
Abbas,
and
Thomford,
in the County of
Dorset,
and for the Advowsons of the said Rectory
ef
Clifton
Maybank and Vicarage of Bradford
Abbas. [17th June 1824.]
St Mary Col- W ~W TTIEREAS the Warden of Saint Mary College of
Winchester
lege of
Win-
%/%/ near Winchester in the County of
Southampton,
and the
SSdoftbe * * Scholars, Clerks of the same College, are seized to them
Manor of and their Successors, in Right of their said College, of the Manor of
.Milbome MUborne Port in the County of
Somerset,
and of divers Messuages,
Port, and the Farms, Lands, and Hereditaments, in the said Parish of Milbome
An'lSey5 Port>
subject
to Leases and Copyhold Grants of divers Tenements,
onf of the Parcel of the said Manor, and held hy the Lessees and Copyhold
Lessees. Tenants
thereof:
And whereas the Most Honourable Henry William
Marquess of Anglesey is one of such Lessees and Copyhold Tenants:
And whereas the said Warden and Scholars, Clerks, are also seized
to them and their Successors, in Right of the said College, of the
Impropriate Rectory of the Parish of Milbome Port aforesaid, whicjb,
as well as the Vicarage of the said Parish, is within the Diocese and
Jurisdiction of the Bishop of Bath and Wells, and of the Tithes,
Parcel of the said Impropriate Rectory; and they are also seized, in
Right of the said College, of the Advowson of the Vicarage of
Milbome Port aforesaid, subject to the Incumbency of the Right
Reverend George Isaac Lord Bishop of Hereford, who is the present
Warden of the said College, and Vicar of the said Vicarage, and he h
of the Age of Seventy-five Years or thereabouts: And whereas the
Vicar of
MUborne
Port aforesaid is entitled to some Tithes in the
said Parish of
MUborne
Port: And whereas the Rector of Godthill
in the said County of Somerset, and Diocese of Bath and
Wells,
claims
to be entitled to One-third Part of the Tithes of Corn, Grain, and
Hemp, arising, increasing, and renewing from Time to Time: in,
upon, and from some Lands in the said Parish of Milbome Port,
which are computed to be Forty-two Acres, be the same more or less:
And whereas the Tithes of Hay of the Copyhold and Demesne Lands,
Parcel of the said Manor of
MUborne
Port, belong to the said Warden
and Scholars, Clerks, in Right of their said Rectory: And whereas
the Impropriate Tithes of the said Parish of Milbome Port, (except
those of
Cannon Court
Farm,
in Lease to the said Marquess, as herein-
after mentioned, and also except the Tithes of Hay of the said Copy-
hold Tenements and Demesne Lands, and also except the said Tithes
claimed by the said Rector of
Goathill),
have for a long Series of
Years been held or collected by the Vicar for the Time being of the
said Parish of
MUborne
Port, or his Lessees, under Leases from the
said Warden and Scholars, Clerks, for the Time being, or by their
Permission; and the precise Extent and Particulars of the Impro-
priate, and of the Vicarial Tithes, as distinguished from each other,
have by such Unity of Possession or Enjoyment thereof respectively
ceased to be ascertainable by any existing or available Evidence:
And whereas the only or principal Evidence producible by the Vicar
io of
P-GEORGII IV €sp.m, 519
pf the Parish of Milbome Port aforesaid, of the Nature and Extent
of the Vicarial Tithes, as distinguished from the Impropriate Tit&es,
is a Terrier of the Year One thousand six hundred and thirty-four, Terrier
of
found in the Registry of the said Diocese of Bath and Wells, but in ^f4'^
many Particulars the said Terrier has left the Right to Tithes in
°tJce.
"f the
Doubt, so that there is a Difficulty and even Impossibility of ascer- Vicar.
taining by Usage, or by parol Evidence, the Application of the
Language and Terms of the said Terrier j and the said Warden and
Scholars, Clerks, dispute the Effect of such Terrier as binding or
conclusive on them, from the Absence of Usage in support
thereof:
And whereas the Farm called
Cannon
Court Farm, situate in the said
Lease of
Parish of Milbome Port, with certain Tithes, was by Indenture of Cannon
Lease, bearing Date on or about the First Day of November One Court Farm,
thousand eight hundred and twenty-one, demised or intended to be berist,
1821.
demised by the said Warden and Scholars, Clerks, to the said Mar-
quess of Anglesey, for a Term of Ten Years, commencing from the
Date of the said Lease, at and under certain Yearly Rents and
Reservations in Money, and in Wheat and Malt: And whereas the
Tithes of Lamb and Wool of
Cannon Court
Farm have been collected
and received by the Vicar for the Time being of Milbome Port
aforesaid, or his Lessees: And whereas, as far as any Opinion or
Estimate can be formed from the Assessments to the Poor's Rates,
and from Reputation, the Vicarial Tithes, together with and including
the Vicarage House and Glebe Lands, and the Tithes of Lamb and
Wool of
Cannon
Court Farm, and the'Impropriate Tithes, (excluding
those claimed by the Rector of
Goathill
aforesaid, and the Tithes of
Hay of the Copyhold Tenements and Demesne Lands, and the Tithes
of
Cannon
Court Farm, except of Lamb and Wool), are or ought to
be divided in point of Value into Twenty-three equal Parts, and
Thirteen of such Parts in Value ought to be allotted to or for the
said Warden and Scholars, Clerks, as Impropriators, in right of the
said College, and the remaining Ten Parts in Value ought to be
allotted to or for the Vicar of Milbome Port, as such Vicar: And
whereas the total annual Value of the said Impropriate and Vicarial
Tithes, and of the said Vicarage House and Glebe Land, containing
by Computation about One AcreOne Rood andThirty-nine
Perches,
be
the same more or less, (but exclusive of the Tithes of Hay of the said
Copyhold Tenements and Demesne Lands, and exclusive of the said
Tithes claimed by the Rector of
Goathill,
and exclusive of the said
Tithes of
Cannon
Court Farm (except of Lamb and Wool), which
Tithes of Hay and of
Cannon Court
Farm (except of Lamb and Wool
as aforesaid), and the said Tithes claimed by the Rector of
Goathill,
were not included in the said Assessments to the Poor's Rate, from
which the said Proportions of Thirteen and Ten are taken), is,
according to an Estimate accurately made thereof by skilful Persons,
Five hundred and ninety-nine Pounds Ten Shillings and Four-pence;
and it would be a convenient Arrangement, and tend to prevent
Disputes with the Vicar for the Time being, and enable him to assert
his Right, as Vicar, against the Occupiers of Lands in the said Parish
of Milborne Port, and against the Impropriators, that the Tithes of
Corn, Grain, Hemp, Flax, Hay, and Wool of the whole Parish of
Milborne Port, which contains by Computation about Three thousand
one hundred and sixty-two Acres and Nine Perches, more or le§s,
(subject
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