No farmer, &c. before the same be granted, give bond to the lord chancellor, lord keeper, or commiffioners of the great feal for the time being, in the penalty of two hundred pounds, to be conditioned for proving his, her or their debts, and alfo for proving the party a bankrupt at the time of taking out fuch commiffion; and if fuch debt or debts fhall not be really due and owing, or if after fuch commiffion taken out it cannot be proved that the. party was a bankrupt at the time, but on the contrary it fhall appear, that fuch commiffion was taken out fraudulently, or maliciously, That then the lord chancellor, lord keeper, or commiffioners of the great feal for the time being, fhall and may, upon petition of the party or parties grieved, affign fuch: bond to recompence him, her or them in damages; any law,, custom or ufage to the contrary notwithstanding. VII. Provided always, and it is hereby further declared and nor receiver of enacted by the authority aforefaid, That no farmer, grazier or taxes, to be drover of cattle, or any person who is or hath been a receiver deemed a general of taxes granted by parliament, fhall be entitled to any bankrupt. of the benefits given by this or the faid late act made in the fourth and fifth years of her Majesty's reign, nor be deemed a bankrupt within the fame, or any former acts made against bankrupts; any law, cuftom or ufage to the contrary notwithstanding. A to conti IX. And be it further enacted by the authority aforefaid, nue two years. That this act shall continue and be in force for the fpace of two years, and from thence to the end of the next feffion of parlia-, ment, and no longer. CAP. XXIII. 3&4 Annæ, An act to fubject the estate of Thomas Brerewood to the creditors of Thomas Pitkin, notwithstanding any agreement or compofition made with the creditors of the faid Thomas Pitkin. C. 124 ĆA P. XXIV. An act for discharging fmall livings from their first fruits and tenths, and all arrears thereof. 2 & 3 Annæ, WHEREAS pursuant to an act of parliament made in the fe C. J. cond year of her Majefly's reign, intituled, An act for the making more effectual her Majefty's gracious intentions for the augmentation of the maintenance of the poor clergy, by enabling her Majefty to grant in perpetuity the revenues of the first fruits and tenths, and alfo for enabling any other perfons, to make grants for the fame purpofe; the Queen's most excellent majefty, by letters patent, bearing date the third day of November, in the third year of her Majefty's reign, did make, appoint, nominate, conftitute, and establish certain perfons and officers therein named, to Corporation of be one body politick and corporate, by the name of The bounty of the bounty of Queen Anne, for the augmentation of the maintenance of the Queen Annæ. poor clergy; and did thereby give and grant to the faid governors all the revenues of firft fruits and yearly perpetual tenths of all diguities, offices, benefices, and promotions fpiritual whatsoever, payable to to her Majefly, her heirs and fucceffors, by virtue of an act of par-, liament made in the twenty fixth year of the reign of King Henry the 26 H. 8. c. 3. Eighth or by virtue of an act of parliament made in the first year of 1 Eliz. c. 4. the reign of the late Queen Elizabeth, for reftitution of first fruits and tenths to the crown, or by virtue of any other act or acts of parliament whatsoever, and all arrears of the said first fruits and tenths then due and undischarged (except as therein is excepted) to be applied and difpofed of to and for the augmentation of the maintenance of fuch parfons, vicars, curates, and minifters, officiating in any church or chapel within the kingdom of England, dominion of Wales, and town of Berwick upon Tweed, where the liturgy and rites of the church of England, as now by law established, shall be used and ob ferved, under fuch rules, reftrictions, and directions, and in fuch manner and form, as fhould be eftablished pursuant to thofe letters patents: and whereas it is thought that the payment of first fruits and tenths for fmall livings with cure of fouls, is a very heavy burden upon the poorer clergy, for whom her Majefty's unparallel'd bounty was defigned; and that the immediate difcharging of the faid first fruits and tenths, and the arrears thereof, of the faid fmall livings, will be a prefent proper augmentation of the fame (feveral whereof by reafon of the faid charges are now held in fequeftration by temporary curates, without being regularly filled with inftitution and induction) be it therefore enacted by the Queen's most excellent majefty, Ecclefiaftical by and with the advice and confent of the lords fpiritual and benefices not temporal, and commons, in this present parliament affembled, exceeding sol. and by the authority of the fame, That all ecclefiaftical bene- per annum, difcharged fices with cure of fouls, not exceeding the clear yearly value of from payment fifty pounds by the improved valuations of the fame (the tenths of firft fruits, whereof are by the faid recited charter vefted in the faid corpo- &c. for ever. ration) and the incumbents thereof for the time being, and Enforced by 6 Ann. c. 27.* every of them, their refpective heirs, executors, adminiftrators, & 1 Geo. 1. fucceffors, and fureties, fhall be free and clearly difcharged and ftat. 2. c. 10. acquitted for ever of and from the faid first fruits and tenths, and of and from all arrears of the fame. .. II. And for the afcertaining of the clear improved yearly va- Bishops, &c. ! Juations of the faid ecclefiaftical benefices with cure of fouls, in- before 25 tended by this act to be discharged from payment of firft fruits March, 1708, to certify into and tenths; be it further enacted by the authority aforesaid, Exchequer the That the refpective bishops of every diocefe, or the guardians clear yearly of the fpiritualities fede vacante, and the ordinaries of peculiars, value of fmall and places of exempt jurifdictions, fhall and are hereby im- benefices with powered and required, as well by oaths of two or more credi- cure of fouls ble witneffes (which they or others duly commiffioned by them, diocefes, &c. under their hands and feals, are hereby impowered to adminifter) as by all other lawful ways and means, to inform themfelves of the clear improved yearly value of every benefice with cure of fouls within their respective dioceses and jurifdictions, the clear improved yearly value whereof doth not exceed fifty pounds; and on or before the five and twentieth day of March, which fhall be in the year of our Lord one thousand seven hundred and eight, under their refpective hands and feals, or feals of Not to dif charge tenth of benefices granted for ever. of their respective offices, to certify into her Majesty's court of Exchequer at Westminster, the clear improved yearly value of every fuch benefice with cure of fouls, the clear improved yearly value whereof doth not exceed fifty pounds, and fuch certificate being made, and filed in the faid court of Exchequer, fhall afcertain the clear yearly value of the benefice with cure of fouls, intended by this act to be difcharged from first fruits and tenths. III. Provided always, and it is hereby declared, That this act, or any thing herein contained, fhall not extend to dif charge any benefices with cure of fouls, the tenths whereof were granted away by any of her Majefty's predeceffors to any perfon or perfons, bodies politick or corporate, in perpetuity, before the faid third day of November, in the third year of her Majesty's reign. IV. And whereas the faid former act was intended for the augmentation of the maintenance, not only of parfons and vicars, but also of curates, and other minifters officiating in churches or chapels, as is therein mentioned; now for the preventing all doubts touching the capacity of fuch minifters to take any certain eftate to them and their fucceffors of or in any part or portion of the first fruits and tenths, as fball to them be allotted or applied; be it enacted and declared by First fruits the authority aforesaid, That when any part or portion of the once applied, &c. to conti firft fruits or tenths remaining to be applied or difpofed of by nue fo for ever. Virtue of the faid former act, fhall be annually, or otherwife ap-" plied or difpofed of, for or towards the maintenance of any minifter officiating in any church or chapel, as aforefaid, such part: or portion fhall from thenceforth for ever be in like manner. continued to the minifter from time to time fo officiating in the fame church or chapel; and every fuch minifter, whether parfon, vicar, curate, or other minifter for the time being, so officiating in fuch church or chapel, fhall and may, from time to time take and receive, and by virtue hereof is and fhall be entitled to have and enjoy the fame for ever. Minifter, &c. to receive the fame. Act to be a V. And be it further enacted and declared by the authority publick act aforefaid, That this act shall be taken and accepted in all courts and places whatsoever, as a publick act. out of firft fruits. Not to dimivi. Provided nevertheless, That this act, or any thing herenih penfions, in contained, shall not extend or be conftrued to extend to avoid &c. hereto- or diminish any annual fum, ftipend, penfion, or annuity now fore granted in being, which hath heretofore been granted to any perfon or perfons, body politick or corporate, and charged upon the faid revenues of firft fruits and tenths, or any part thereof; but in cafe it shall so happen that by discharging fuch small livings, or benefices with cure of fouls, as afore-mentioned, of the payment of first fruits and tenths, and all arrears thereof, the first fruits and tenths which hereafter fhall be collected in any diocefe or dioceses, shall not be fufficient to pay and fatisfy fuch annual fums as they now ftand refpectively charged with, then the whole revenues arifing from the first fruits and tenths, throughout the kingdom of England, dominion of Wales, and town of Berwick upon Tweed, thall be liable to make good all fuch fuch deficiencies, and the faid deficiencies fhall, out of the faid Whole reverevenues (during the continuance of fuch grants, from time to nues, &c. liable to payment time as any fuch annual payments fhall become due) be paid of fuch, &c. and fatisfied to all fuch perfon and perfons as shall in any wife be entitled to receive the fame, in fuch proportions as are limited and appointed in fuch refpective grants. CAP. XXV. An alt for making the acts more effectual for appropriating the forfeited impropriations in Ireland, for the building of churches, and augmenting poor vicaridges there. WHEREAS by an act of parliament made in the eleventh and 11 & 12 W. 3. twelfth years of the reign of his late majesty King William C. 2. the Third, intituled, An act for granting an aid to his Majefty by fale of the forfeited and other eftates and interefts in Ireland, and by a land tax in England, for the feveral purposes therein mentioned, the said forfeited and other eftates and interefts were vefted in the truflees therein named for the purposes in the faid att mentioned: and whereas by the faid at it was provided and enacted, Recital of act. That the faid trustees, or any feven or more of them, fhould and might, and they were thereby required, as foon as conveniently might be, after the twenty fifth day of March, one thousand feven hundred and one, by bargain and fale, to be inrolled as therein mentioned, to convey all and every the rectories impropriate, with the tythes, oblations, obventions, glebes, advowfons of vicaridges, and other things thereunto feverally and refpectively belonging or appertaining, forfeited by reafon of the faid rebellion, and therein before vefted in the faid trustees, to fuch perfon or perfons, and their heirs, as the biShop of each refpective diocefe, wherein fuch rectories impropriate reSpectively were, fhould nominate, upon truft nevertheless, and to the intent and purpofe that the profits thereof should be difpofed and employed, from the fecond day of November, one thousand fix bundred and ninety nine, for the space of twenty years thence next enfuing, in rebuilding or repairing fuch parish churches within the faid kingdom of Ireland, as the lords juftices, lieutenant general, or other chief governor or governors of the faid kingdom for the time being, by and with the advice and confent of the bishop of each refpective diocefe for the time being, fhould direct or appoint; and after the expiration of the faid term of twenty years, for the perpetual augmentation of fuch fmall rectories and vicaridges within the faid kingdom of Ireland, as the faid lords juftices, or other chief governors of the Jaid kingdom, by any writing under his or their hands and feals, with confent of the bishop of each diocefe, wherein any fuch augmentation fhould be made, fhould direct or appoint, which appointments fhould before the twenty fifth day of March one thousand seven hundred and three, be made and inrolled in the court of Chancery in Ireland, as I a perpetual memorial thereof: and for the making the fame more ef- 1 Annæ, ftat. fectual and beneficial for the pious ends and purposes aforefaid, one 1. c. 31. other act paffed in the first year of her Majefty's reign, intituled, An act for making more effectual the provifions out of the forfeited estates eftates in Ireland, for the building of churches, and augmenting small vicaridges in Ireland; whereby it is enacted, That where any fuch rectories impropriate, tythes, advowfons, or other things fo vefied in the faid trustees, and directed to be conveyed in truft, as aforefaid, were charged with, or liable to any debts, charges, or incumbrances, jointly with any other lands, tenements, or hereditaments, by the faid act vefted in the faid trustees, fuch other lands, tenements, or hereditaments in the first place fhould be liable to, and should anfwer and fatisfy fuch debts, charges, and incumbrances; and the faid trustees, or any feven of them, were thereby authorized and required to make fale of fuch other lands, tenements, or bereditaments, or of a competent part thereof, for or towards the paying off, clearing, and difcharging fuch debts, charges, and incumbrances and as foon as conveniently might be, from and after fuch fale, and the clearing and difcharging fuch debts and incumbrances, fuch rectories impropriate, tythes, advowfons, and other things fo vefted in the faid trustees, and directed to be conveyed in truft, as aforefaid, as were, together with fuch other lands, tenements, or hereditaments, jointly charged or incumbred, fhould be conveyed, and the faid trustees, or any feven of them, were thereby authorized and required to convey the fame to fuch perfon and perfons, and in fuch manner, and to fuch ufes, intents, and purpofes, as in the faid first recited act is directed and appointed, freed, and difcharged of and from all fuch debts, charges, and incumbrances, be the fame by matter of record, mortgage, or otherwife: and whereas the faid trustees, according to the powers given to them, did convey the faid realories impropriate, with the tythes, oblations, obventions, glebes, advowfons, vicaridges, and other things thereunto feverally and refpectively belonging or appertaining, as aforefaid, to William Neave efquire, one of ber Majefty's ferjeants at law in Ireland, Marmaduke Coghill and Morley Saunders, doctors of law, Samuel Dopping, John Ufher and Stephen Ludlow efquires; their heirs, executors, administrators and affigns, for the purposes in the faid first act mentioned: and whereas by feveral fubfequent acts of parliament paffed fince the making the faid first recited act, divers 11 & 12 W. 3. parts of the faid forfeited and other eftates and interefts by the faid firft Irish rectories William c. 2. act vested in the faid trustees, have been given, granted, or reftored to feveral perfons, and for feveral ufes, intents, and purposes in fuch fubfequent acts mentioned, in the paffing of all which fubfequent acts it was intended that no perfon or perfons was or were, by any fuch fubfequent act of parliament, in which any claufe or provifion was made or inferted for or in favour of the faid church of Ireland, to be restored, or to have, by any fuch act of parliament, any right, title, or intereft into or out of any of the faid rectories impropriate, tythes, oblations, obventions, glebes, advowsons, vicaridges, or other things thereunto respectively belonging or appertaining, as aforefaid, but that they should remain, continue, and be in the faid trustees in the faid first recited act named, to and for the ufes and purposes therein mentioned: and whereas it was likewife intended that fufficient provifron fhould be made in every fuch fubfequent act of parliament for that purpofe, and feveral claufes and provifoes were refpectively inferted in every fuch fubfequent act and acts; nevertheless feveral doubts, fuits, |