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An Act further to amend and render more effectual the Law for providing fit Houses for the Beneficed Clergy, and for other Purposes
[29th June 1865]
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble (which recites Clergy Residences Repair Act 1776 (c. 53), Clergy Residences Repair Act 1780 (c. 66), Clergy Residences Act 1826 (c. 66) and Parsonages Act 1838 (c. 23)) omitted under authority of Statute Law Revision Act 1893 (c. 14)
Textual Amendments
F1S. 1 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
It shall be lawful for the [F2Church Commissioners] absolutely to sell and dispose of, either altogether or in parcels, and either by public sale or by private contract, for such sum or sums of money as to the said [F2Commissioners] shall seem fair and reasonable, all houses, lands, tithes, tithe rentcharges, and hereditaments, of what nature or kind soever, which may have been or shall hereafter be given, devised, or conveyed to or acquired by the said [F2Commissioners] for the purpose generally of augmenting the maintenance of the poor clergy; and the monies to arise from every such sale shall be paid to the said [F2Commissioners] , and the receipts of their treasurer for the time being shall be sufficient discharges for the said monies, and shall effectually release and exonerate the person or persons paying the same from all responsibility in respect of the application therof; . . . F3
Textual Amendments
F2Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)
F3Words repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
All the powers, authorities, provisions, forms, and matters in the herein-before mentioned Acts contained shall, except as herein otherwise is provided, extend and be applicable, mutatis mutandis, to all the purposes of this Act and of the said herein-before mentioned Acts, as if the same had been respectively repeated and set forth herein.
It shall be lawful for the principal officer of any public department holding any messuages, buildings, lands, tenements, or hereditaments for or on behalf of Her Majesty, or otherwise for the public use or the use of such department, and for every body politic, corporate, or collegiate, and corporation aggregate or sole, and for all trustees, guardians, commissioners, or other persons having the control, care, or management of any hospital, school, charitable foundation, or other public institution, and for all other persons by the M1Lands Clauses Consolidation Act 1845 empowered to sell and convey or release lands, by any assurance under the hand and seal or under the common seal, as the case may be, of such principal officer, body, or corporation, or under the hands and seals or hand and seal of such trustees, guardians, commissioners, or other persons or person, to grant and convey or release, either by way of voluntary gift or of sale, to the said [F4Commissioners] , in fee simple or otherwise, any messuages, buildings, lands, tenements, or hereditaments, to be used as and for parsonages or residences for incumbents of benefices, or the outbuildings, yards, gardens, or appurtenances thereto, or as and for sites or for enlarging sites for such parsonages or residences, or the outbuildings, yards, gardens, or appurtenances thereto; and all such assurances may be made according to the form F5... which the said [F4Commissioners] may approve; but no such assurance of assurances from the same body or persons otherwise than upon a sale for the fair value shall comprise (including the site of any buildings) more than one acre; and upon every such assurance by way of sale the purchase money may be paid to the seller or sellers, or as he or they shall appoint, and the receipt of them or him or their or his appointees shall be a sufficient discharge for the same; except that in the case of a sale for more than twenty pounds by a tenant for life or other person having only a partial estate, the purchase money shall be paid to and applied by two trustees, in manner provided by the seventy-first section of the M2Lands Clauses Consolidation Act 1845.
Textual Amendments
F4Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)
F5Words in s. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6
Marginal Citations
Textual Amendments
F6S. 5 repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. II