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Pluralities Act 1838

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LXIIOn Avoidance of Benefice not having fit House of Residence Bishop to raise Money to build one by Mortgage of Glebe, &c. for 35 Years.

And be it enacted, That upon or at any Time after the Avoidance of any Benefice it shall be lawful for the Bishop and he is hereby required to issue a Commission to Four beneficed Clergymen of his Diocese, or if the Benefice be within his peculiar Jurisdiction, but locally situate in another Diocese, then to Four beneficed Clergymen of such last-mentioned Diocese, One of whom shall be the Rural Dean (if any) of the Rural Deanery or District wherein such Benefice shall be situate, directing them to inquire whether there is a-fit House of Residence within such Benefice, and what are the annual Profits of such Benefice, and if the clear annual Profits of such Benefice exceed One hundred Pounds whether a fit House of Residence can be conveniently provided on the Glebe of such Benefice, or otherwise; and if the said Commissioners, or any Three of them, shall report in Writing under their Hands to the said Bishop that there is no fit House of Residence within such Benefice, and that the clear annual Profits of such Benefice exceed One hundred Pounds, and that a fit House of Residence can be conveniently provided on the Glebe of such Benefice, or on any Land which can be conveniently procured for the Site of such House of Residence, it shall be lawful for the said Bishop and he is hereby required to procure from some skilful and experienced Workman or Surveyor a Certificate containing a Statement of the Condition of the Buildings (if any), and of the Value of the Timber and other Materials (if any) thereupon fit to be employed in building or repairing or to be sold, and also a Plan or Estimate of the Work fit and proper to be done for building or repairing such House of Residence, with all necessary and convenient Offices, and thereupon, by Mortgage of the Glebe, Tithes, Rents, Rent-charges, and other Profits and Emoluments, arising or to arise from such Benefice, to levy and raise such Sum or Sums as the said Estimate shall amount to, after deducting the Value of any Timber or other Materials which may be thought proper to be sold, not exceeding Four Years net Income and Produce of such Benefice, after deducting all Outgoings, (except only the Salary of the Assistant Curate where such a Curate is necessary), which Mortgage shall be made to the Person or Persons who shall advance the Money so to be levied and raised for the Term of Thirty-five Years, or until the Money so to be raised, with Interest for the same, and such Costs and Charges as may attend the Recovery thereof, shall be fully paid and satisfied according to the Provisions of this Act; and the same Mortgage shall be made by One or more Deed or Deeds in the Form or to the Effect for that Purpose contained in the Second Schedule to this Act, and shall bind the Incumbent of such Benefice for the Time being and his Successors until the Principal and Interest, Costs and Charges, shall be fully paid off and satisfied, and every Incumbent for the Time being is hereby made liable to the Payment of so much of the Principal and Interest, and Costs as under the Directions hereinafter contained shall become payable during the Time he shall be such Incumbent, and every such Incumbent and his Representatives shall be and are hereby also made respectively liable to the Proportion of the Payments for the Year which shall be growing at the Time or the Death of such Incumbent or Avoidance of such Benefice according to the Directions herein-after contained, which said Principal, Interest, and Costs, and the Proportion of Payment growing at the Time of the Death of such Incumbent or of such Avoidance, shall and may be recovered by Action of Debt in any Court of Record.

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