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Benefices Act 1898

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This is the original version (as it was originally enacted).

1Transfer of patronage rights

(1)A transfer of a right of patronage of a benefice shall not be valid unless—

(a)it is registered in the prescribed manner in the registry of the diocese within one month from the date of the transfer, or within such extended time as under special circumstances the bishop may think fit to allow; and

(b)it transfers the whole interest of the transferor in the right, except as herein-after provided ; and

(c)more than twelve months have elapsed since the last, institution or admission to the benefice.

(2)It shall not be lawful to offer for sale by public auction any; right of patronage, save in the case of an advowson to be sold in conjunction with any manor, or with an estate in land of not less, than one hundred acres situate in the parish in which the benefice is situate or in an adjoining parish and belonging to the same owner as the advowson, and any person who offers any right of patronage for sale by auction in contravention of this section, or who bids at any such sale, shall be liable, on summary conviction, to a fine not exceeding one hundred pounds.

(3)Any agreement for any exercise of a right of patronage of a, benefice in favour or on the nomination of any particular person, and any agreement on the transfer of a right of patronage of a benefice—

(a)for the re-transfer of the right; or

(b)for postponing payment of any part of the consideration for the transfer until a vacancy or for more than three months; or

(c)for payment of interest until a vacancy or for more than three months; or

(d)for any payment in respect of the date at which a vacancy occurs; or

(e)for the resignation of a benefice in favour of any person, shall be invalid.

(4)For the declaration set forth in section two of the Clerical Subscription Act, 1865, shall be substituted the declaration set forth in the schedule to this Act which shall be taken in the prescribed manner, and if any person knowingly makes any false statement in this declaration he shall be guilty of a misdemeanour, and shall be liable to the punishment attaching by law to perjury.

(5)If any clergyman is knowingly party or privy to any transfer presentation, or agreement which is invalid under this section, or commits any breach of the promissory part of his declaration, he shall be guilty of an offence in respect of which proceedings may be taken under section two of the Clergy Discipline Act, 1892.

(6)The expression " transfer " in this section shall include any conveyance or assurance passing or creating any legal or equitable interest inter vivos, and any agreement for any such conveyance or assurance, but shall not include—

(a)a transmission on marriage, death, or bankruptcy, or otherwise by operation of law ; nor

(b)a transfer on the appointment of a new trustee where no beneficial interest passes.

(7)Nothing in this section shall prevent the reservation or limitation in a family settlement of a life interest to the settlor, or in a mortgage the reservation of a right of redemption.

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