which is stated to be that there is no lapse in donatives ('); the executor has in such a case no title, as he would have in presentative benefices; and in time of vacancy the donative patron may take the profits to his own use. (2) procurations Other peculiar properties also belong to them; Donatives thus, a donative is freed from procurations, and freed from the incumbent is exempted from attendance at and visitvisitations. ations. never de. incumbent The presentation does not devolve to the Presentation king as in other livings, when the incumbent volves to the is made a bishop; because such promotion King, when does not make an avoidance by cession, as the made a incumbent is the creature of the founder, and bishop. not subject to episcopal visitation. (3) They are within the acts of uniformity, when with cure of souls (4), and within the statute against simony, as well as that against pluralities, if a donative is the first living; but if a donative is the second benefice taken without a dispensation, the first would not be void, for the words of the statute are, instituted and inducted to any other, although by the canon law the first would be voidable, (1) 1 Inst. 90. a. n. 4. Re- | Per Ld. Mansfield in Bowell pington v. The Governor of v. Milbank, cited in Rex Tamworth, 2 Wils. R. 150. v. The Bishop of Chester, 1 T. R.399. (2) Button v. Ward, 2 Rol. Rep. 100. Ca. Parl. 184. (3) Ca. Parl. 184. agreed per curiam, in 4 Mod. 213. (4) Clerk Resignation of a dona tive. Donatives by Queen Anne's bounty. and to hold both the incumbent must have the consent of the patron of the first benefice. (1) If a donative is to be resigned, the incumbent thereof should make his resignation to his patron; by his acceptance, the donative is voided; and if there be two founders or patrons, it is sufficient if the resignation be made to one. (2) By the 1 Geo. st. 2. ch. 10., relating to donaaugmented tives augmented by the governors of Queen Anne's bounty, it is enacted: Whereas the late Queen Anne's bounty to the poor clergy was intended to extend not only to parsons and vicars who come in by presentation or collation, institution, and induction; but likewise to such ministers who come in by donation, or are only stipendiary preachers or curates, most of which are not corporations, nor have a legal succession, and therefore are incapable of taking a grant of conveyance of such perpetual augmentation as is intended by the said bounty; and in many places it would be in the power of the donor, impropriator, parson, or vicar, to withdraw the allowance which was before paid to the curate or minister serving the cure; or in case of a chapelry, the incumbent of the mother church might refuse to employ a curate, and officiate (') Degges, P. C. ch. 12. | Cro. Car. 330. (2) Farchild v. Gayre, Cro. Jac. 63. there himself and take the benefit of the augmentation, whereby the maintenance of the curate would be sunk instead of being augmented; it is therefore enacted, that all such churches, curacies, or chapels, which shall be augmented by the governors of the said bounty shall be from thenceforth perpetual cures and benefices, and the ministers duly nominated and licensed thereunto, shall be in law, bodies politick and corporate, and have perpetual succession, and be capable to take in perpetuity; and the impropriators or patrons of any augmented churches or donatives, and the rectors and vicars of the mother churches, whereunto such augmented curacy or chapel doth appertain, shall be excluded from receiving any profit by such augmentation, and shall pay to the ministers officiating such annual and other pensions and salaries, which by ancient custom or otherwise, of right, and not of bounty, they were before obliged to pay. s. 4. And for continuing the succession of such augmented cures, hereby made perpetual cures and benefices, and that the same may be duly and constantly served; if they shall be suffered to remain void for six months, they shall lapse in like manner as presentative livings. s. 6,7. And all such donatives, which at the time of their augmentation are exempt from all eccle Stamp. Form of a donation. siastical jurisdiction, shall by such augmentation become subject to the visitation and jurisdiction of the bishop of the diocese wherein such donative is. s. 14. Provided, that no donative shall be augmented without the consent of the patron in writing, under his hand and seal. s. 15. By the 55th Geo. III. c. 184., a donation by his majesty, his heirs, or successors, or by any other patron of any ecclesiastical benefice or promotion in England, of the yearly value of ten pounds or upwards, in the king's books, is subject to a twenty pounds stamp; and of any other ecclesiastical benefice, dignity, or promotion whatsoever, in England, to a ten pounds stamp. The form of a donation may be as follows: To all to whom these presents shall come. Know ye, that in the county of. and in as ample manner and form as any other hath or ought to have held and enjoyed the same. have hereunto set my hand and seal, the Or thus: in the year of our Lord In witness whereof I day of To all to whom these presents shall come, A. B. of— in the county of of the manor of. esquire, lord in the county aforesaid is now vacant, and to my donation in full right belongeth; know ye, that I, the aforesaid A. B., have given and granted to my beloved in Christ, C. D. clerk, the aforesaid chapel of. with all its rights and appurtenances, and by the tenor of these presents do induct him the said C. D. into corporal possession of the said chapel, with all its appurtenances. In witness whereof, &c. (1) (1) 2 Burn, Ecc. L. 196, 197. Ecton. 459. 461. |