Ecclesiastical Commissioners Act 1840

XLIX Profits of suspended Canonries to be paid to and their Estates vested in the Commissioners.

And be it enacted, That all the Profits and Emoluments of each and every Canonry suspended by or under the Provisions of this Act, whether consisting of or arising from Rents, Fines, Compositions, Dividends, Stipends, or other Emoluments whatsoever, shall forthwith, as to every such Canonry vacant at the passing of this Act, and as to every other immediately upon and from the Vacancy thereof, and from Time to Time, be paid to the Ecclesiastical Commissioners for England for the Purposes of this Act in like Manner as the Holder of such Canonry, if he had remained in Possession, or the Successor thereto, if a Successor had been appointed and had duly qualified himself by Residence and otherwise according to the Statutes and Usages of his Church to receive his full Portion of the Emoluments thereof, would have been entitled to receive the same; and that all the Estate and Interest, if any, which such Successor would have had in any Lands, Tithes, and other Hereditaments (except any Right of Patronage) annexed or belonging to or usually held and enjoyed with such Canonry, or whereof the Rents and Profits have been usually taken and enjoyed by the Holder of such Canonry, as such Holder separately and in addition to his Share (if any) of the Corporate Revenues of such Chapter, shall forthwith, as to all Vacancies subsisting at the passing of this Act, and as to all others immediately upon such Vacancies respectively, accrue to and be vested absolutely in the Ecclesiastical Commissioners for England and their Successors for the Purposes of this Act, without any Conveyance thereof or any Assurance in the Law other than the Provisions of this Act: Provided nevertheless, that the Profits and Emoluments arising from Corporate Revenues belonging to the Canonries suspended in the Chapters of the Cathedral Churches of Chester, Lichfield, and Ripon respectively shall become, as the Vacancies occur, Part of the divisible Corporate Revenues of the said Chapters respectively: Provided also, that nothing herein contained shall be construed to affect the Right of any Chapter, according to the Statutes or Customs of such Chapter in force at the passing of this Act, to make due Provision out of the divisible Corporate Revenues for the Maintenance of the Fabric, the Support of the Grammar School, if any, and all other necessary and proper Expenditure.