PURCHASES. shall seem meet to the said advowson, rectory, Next Presentation. Covenants for the title. parsonage, or parish church of whenever the same shall so next happen to become void (other than as aforesaid) (1), "and to cause him to be presented, instituted, and inducted in and to the full and peaceable possession and enjoyment thereof (2)," and of the profits, benefits, and advantages belonging or appertaining to the same, and to do, fulfil, and perform all other matters and things requisite, proper, or accustomed in that behalf, in as full and ample manner and form, to all intents and purposes whatsoever, as he the said (patron), his heirs, executors, or administrators, or any of them, could or might do, or have done in case these presents had not been made. AND (3) the said (patron), for himself, his heirs, executors, and administrators, doth hereby covenant, declare, and agree, with and to the said (purchaser), his executors, administrators, and assigns, in manner To present a nominee. Donative. Wife. (1) If the intent of the conveyance is for the presentation of a particular nominee or the like, see post, rider (A). Or, "During, &c." as above. (2) If the advowson be a donative, the words within inverted commas may be omitted, as in donative advowsons, no presentation, institution, or induction is necessary, Co. Lit. 344, a. (3) If the grant be of such number of turns as may happen during a life or term of years, and the wife of the grantor is entitled to dower out of the advowson, add here a covenant to levy a fine sur concessit, for the form of which, see WILDE's SUP. Vol. I. No. XCII. Neit following (1) (that is to say), that he the said PURCHASES. (patron), at the time of the sealing and delivery of these presents, hath in himself good right, full Presentation. power, and lawful and absolute authority to give, grant, bargain, sell, and dispose of the next presentation, turn, and avoidance hereby given, granted, bargained, and sold, or mentioned or intended so to be, of, in, and to the said advowson, rectory, parsonage, or parish church of ment. aforesaid, with all the rights, members, and appurtenances thereunto belonging, unto and to the use and behoof of the said (purchaser), his executors, administrators, and assigns, in manner and form aforesaid. And that for and notwithstanding Quiet enjoyany former or other gift, grant, act, deed, estate, interest, matter, or thing whatsoever, made, executed, committed, or knowingly suffered or assented unto by the said (patron), or any other person or persons, with his privity or knowledge, to the contrary, it shall and will be lawful for the said (purchaser), his executors, administrators, and assigns, to present any fit and able person to the advowson, rectory, and parsonage or church (1) The grant of a next avoidance of a church has been re- Bond، commended by Mr. Fearne, to be accompanied by a bond in the penalty of double the purchase money for performance of the covenants for the title, see Fearne's P. Wks. 404; but the necessity of this seems to depend more upon particular circumstances than any rule of general expediency, and see form of such bond, WILDE'S SUP. Vol. I. No. LIII. PURCHASES. of Next aforesaid, whenever (1) it shall next happen to become vacant, by or through any Presentation. of the ways or means aforesaid, or otherwise howsoever (except as aforesaid). And that for and notwithstanding any such act, deed, matter, or thing as aforesaid, the person who shall be so presented by the said (purchaser), his executors, administrators, or assigns, under or by virtue of these presents, shall and lawfully may be instituted and inducted into the said rectory, parsonage, or parish church of aforesaid, and quietly and peaceably have, hold, and enjoy the same, without any suit, trouble, denial, hindrance, molestation, or disturbance of or by the said (patron), or any other person or persons whomsoever lawfully or rightfully claiming, or possessing any estate, right, title, or interest, in, to, or concerning the said advowson, rectory, and premises, or any part thereof, from, by, through, or under him the said (patron) or any of his ancestors, or any of his or their acts, means, or defaults. AND also that he the said (patron), his executors, administrators, and assigns, and all and every other person or persons whomsoever, claiming or possessing any estate, right, title, or interest, in or to the said advowson, rectory, parsonage, or church of aforesaid, shall and will from time Further as surance. "When and so often as the same shall become void, (otherwise than as aforesaid) during," &c. Next Presentation. to time, and at all times hereafter, at the costs and PURCHASES. aforesaid, unto the said (purchaser), his executors, [PROVIDED AL Covenant that if the present incumbent be created a incumbent. (1) If an incumbent of a church be made a bishop, the king, Promotion of and not the patron, will be entitled to present, Woodley v. Bishop Exeter, Cro. Jac. 691; Winch 94; 1 Blac. Com. 388; and it has been held, that the grant being of the next presentation, the grantee is in such case wholly defeated of his right; hence the reason of this proviso; but it is unnecessary where the advowson is donative, as in donative advowsons, the presentation does not devolve on the king, on the incumbent's promotion to a bishopric, as in the case of other advowsons, Next PURCHASES. the said parties to these presents, and the said (patron) doth hereby further for himself, his heirs, Presentation. executors, and administrators, covenant, promise, and grant with and to the said (purchaser), his executors, administrators, and assigns, that in case avoidance there the said A. B. or other the present incumbent of bishop, the pur chaser shall have the next after. the said rectory or parish church of aforesaid, shall at any time hereafter during such his incumbency be created or promoted to the dignity of a bishop, by means whereof the right of presentation to the same rectory or parish church may devolve upon and be exercised by his present Majesty, or any of his successors, then and in such case it shall and will be lawful for the said (purchaser), his executors, administrators, and assigns, to have, hold, and enjoy, the first and next advowson or avoidance, collation, donation, nomination, presentation, and free disposition of and to the said rectory or parish church of aforesaid, when and after the same shall happen to become void by means of the death, resignation, cession, or deprivation of the person so to be presented, by virtue of his said Majesty's prerogative royal as aforesaid, or in any other way or 4 13lem. Conv. 2d edit. p. 73, and quære whether since the case of Calland v. Troward, 2 Hen. Blac. Rep. 324, 6 Durnf. and E. 439, 778, s. c. 8 Brow. P. C. 71, s. c. it be essential in other cases. As it appears to be settled by those cases that the grantee will be entitled to the next subsequent presentation, without any express stipulation to that effect. And see Sir Henry Sidney v. Bishop of Gloucester, 2 Dyer 228. |