Benson v dean and chapter OF york Feb construction upon c c for perpetuate  augmentation of poor vicarages a question arise upon the construction of the  statute c c make for perpetuate the augmentation of poor vicarages and upon  the fact how far they enable the plaintiff to avail himself of that  construction so as to be entitle to the benefit of such augmentation which be  in this case reserve in general word and it be prove that it have be constant  pay from to to the vicar of this parish vesey senior Lord chancellor by the  vacancy happen in the church preferment upon the great alteration of the  constitution by the sequestration and sale of they there be great estate and  income likely to arise to the person who shall then fill those incumbencies it  be therefore not to be wonder at if a division be seek after but the come of  these great fine to the present possessor be not the only reason for the  augmentation not extend to the succession which will still be confine to the  reserve rend but there be another reason because the inheritance of these  estate be great improve by be purchase by private person as vesey senior er p  particular a great one by chief justice saint John it be therefore proper they  shall be under obligation to apply it to augment poor vicarages that produce  the king letter upon which the act be afterward make the construction whereof  be to be consider in this church it be to be presume and in several other that  such reservation be make upon the lease then grant by way of augmentation as  be most natural to give it to poor vicarages impropriate it be original the  regular clergy that plunder the church although by the dissolution of  monastery it come into the hand of the laity upon the nature of this  reservation the term of the act and the fact of constant payment I think there  be a appropriation for the augmentation of the vicarage in question the act  suppose the reservation may be make different in some appropriate in other not  it intend to establish some of these reservation where the reservation be not  make to the vicar or curate as the recital of the preamble show the question  then be whether this appear to be intend to be reserve for the benefit of the  vicar or curate though not reserve to he the act intend to take in not only  case of express reservation but also of intent and here that constant regular  payment for so long a time be the strong evidence possible that it be so  intend another clause in the act appear to be intend for some case where there  have be a general reservation and a agreement for application of part for the  augmentation of some poor vicarages within which clause this seem a case  intend to be bring and such use of payment be the strong evidence of such  agreement another clause be material videlicet that if a question shall arise  concern the validity of such grant such favourable construction shall be make  for the benefit of the vicar as have be make in commission for charitable use  which I think be the same as I have make here I know but one case upon this  act in lev which I mention for the particular manner of declaration and such  as I never see how penes see to have which the court allow of there the dean  and vesey senior chapter may be tempt to take these augmentation to their own  live I do not say they have do it but it will be inconvenient to leave they  such a power and safe to pin they down upon the whole the plaintiff and his  successor be entitle to the benefit of this augmentation and it be not in the  power of this body to disappropriate it and give it to any other see the  supplement p the rule upon which the commissioner for poor vicarages upon the  statute of queen whether have go in judge what be a poor live be to value only  the certain tithe the vicar be entitle to not the uncertain such as in town  where it depend on his good behaviour Reg lib a fol