Ecclesiastical Commissioners Act 1860
| Year | 1860 |
(23 & 24 Vict.) C A P. CXXIV.
[28th August 1860]
'WHEREAS it is expedient to amend the Acts relating to the Ecclesiastical Commissioners forEngland and the Act concerning the Management of Episcopal and Capitular Estates in England: ' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Sect. 17. of 13 & 14 Vict. c. 94. repealed.
I. Section Seventeen of the Act of the Session holden in the Thirteenth and Fourteenth Years of Her Majesty, Chapter Ninety-four, directing the Mode of securing the annual Income of Archbishops and Bishops, shall, as respects every Archbishop and Bishop who shall succeed to a See after the passing of this Act, be repealed.
II The Lands of each See to vest in the Commissioners on the next Avoidance.
II. Upon the first Avoidance of the See of any Archbishop or Bishop inEngland after the passing of this Act, all the Lands, Hereditaments, and Emoluments of or belonging to such See (except all Rights of Patronage or Presentation and the Residences of the Archbishop or Bishop, and such Lands necessary for the Enjoyment of such Residences as shall be attached thereto by any Scheme sanctioned by Order in Council) shall become vested absolutely in the Ecclesiastical Commissioners forEngland , for the Purposes and subject to the Provisions applicable to other Hereditaments vested in the said Commissioners.
III Lands sufficient to afford the statutory Income to be secured to each See.
III. After the Lands of a See have become vested in the Commissioners as aforesaid, an Arrangement shall be made as soon as conveniently may be, and with all reasonable Despatch, for assigning to the Archbishop or Bishop of such See and his Successors, as an Endowment for the See, such of the Lands and Hereditaments then vested in the Ecclesiastical Commissioners forEngland as in the Judgment of the Estates Committee of the said Ecclesiastical Commissioners, and subject to the Approbation of such Archbishop or Bishop, may be deemed convenient to be held as such Endowment, and will secure as nearly as may be, after deducting Costs of Management, a net annual Income equal to that named for the Archbishop or Bishop of the See by any Act of Parliament or Order in Council then in force, and no more; and in the meantime, until such Endowment is so assigned, the Ecclesiastical Commissioners shall pay to the Archbishop or Bishop of the See the annual Income named for him as aforesaid, at the Times at which the same would have been payable if this Act had not been passed.
IV Like Arrangement may be made before next Avoidance, on Request of the Bishop.
IV. In case any Archbishop or Bishop who may have succeeded on an Avoidance happening before the passing of this Act, and having an Income named as aforesaid, signify his Willingness to accept an Endowment for his See in Lands and Hereditaments, in lieu of his Income, it shall be lawful to make the like Arrangement for that Purpose as might have been made if the Lands of the See had become vested in the Commissioners as aforesaid, and upon such Arrangement being made all the Lands, Hereditaments, and Emoluments of or belonging to the See, except such as may be assigned under such Arrangement, and such Rights of Patronage or Presentation, and Residences as aforesaid, shall become vested absolutely in the said Ecclesiastical Commissioners.
V Arrangements to be revised on Avoidance.
V. On the Avoidance from Time to Time of any See, after the Assignment of an Endowment for the same, the Estates Committee of the Ecclesiastical Commissioners may, if they shall think fit, revise the Arrangement in force in relation to such Endowment, and for that Purpose inquire into the State and Productiveness of such Endowment, and if such Endowment, in the Judgment of the Committee, will secure a net annual Income exceeding that named for the Archbishop or Bishop as aforesaid, or will not secure the full Amount of such annual Income, such Committee may report thereon to the said Ecclesiastical Commissioners, and the said Commissioners shall, if they think fit, make an Arrangement by vesting Part of the Lands and Hereditaments constituting such Endowment in the Ecclesiastical Commissioners, or by assigning Lands and Hereditaments by way of Addition to such Endowment, or by means of annual or other Payments to or by the Ecclesiastical Commissioners, as the Case may require, which may secure, in the Judgment of the said Committee, to the Archbishop or Bishop who may succeed upon that Avoidance, the net annual Income so named, or as near thereto as Circumstances will allow: Provided always, that if a Difference of Opinion as to the Value or Sufficiency of the Estates which such Committee may propose to leave or to assign to any See shall arise between the Archbishop or Bishop thereof and the said Committee, such Difference shall be settled by Arbitration before such Arrangement as is last mentioned shall be made.
VI Endowments to be in lieu of fixed Income.
VI. When the Arrangement is completed under this Act for the Endowment of a See the Lands and Hereditaments thereby assigned shall be the Endowment of the See, and shall be taken in lieu of the Income intended to be secured thereby.
VII Arrangements, how to be made.
VII. All Arrangements for the Purposes of this Act shall be made by the Authority and in the Manner by and in which Arrangements for carrying into effect the Recommendations recited in the Act of the Session holden in the Sixth and Seventh Years of KingWilliam the Fourth, Chapter Seventy-seven, may now be made.
VIII Lands assigned as Endowments, how to be leased.
VIII. No Lands assigned or secured as the Endowment of any See under this Act shall be granted by the Archbishop or Bishop otherwise than from Year to Year, or for a Term of Years in possession not exceeding Twenty-one Years, at the best annual Rent that can be reasonably gotten without Fine, the Lessee not to be made dispunishable for Waste or exempted from Liability in respect of Waste; and so that in every such Lease such or the like Covenants, Conditions, and Reservations be entered into, reserved, or contained with or for the Benefit of the Archbishop or Bishop and his Successors, as under Section One of the Act passed in the Session holden in the Fifth and Sixth Years of Her Majesty, Chapter Twenty-seven, (for better enabling the Incumbents of Ecclesiastical Benefices to demise the Lands belonging to their Benefices on Farming Leases,) are to be entered into, reserved, or contained in a Lease granted under that Enactment to or for the Benefit of the Incumbent and his Successors, or as near thereto as the Circumstances of the Case will permit; but where, under the said Section of the last-mentioned Act, any Consents are provided for or required, the Consent only of the Archbishop or Bishop for the Time being shall be requisite: Provided always, that it shall be lawful for the Archbishop or Bishop, with the Approval of the Estates Committee of the Ecclesiastical Commissioners, testified under the Common Seal of the said Commissioners, which the said Committee are hereby empowered to affix to any Lease for this Purpose, from Time to Time to grant Mining or Building or other Leases of any such Lands, for such Periods, for such Considerations, upon such Terms, and generally in such Manner as such Committee under the Circumstances of each Case may think fit, and it shall be lawful for such Committee to require that any Portion of the Rent reserved on any such Lease shall be payable to the said Ecclesiastical Commissioners.
IX Estates Committee to see that Property assigned as Endowment is kept in proper Condition.
IX. The Estates Committee shall cause the Property assigned as an Endowment for any See as aforesaid to be inspected so often as they think fit, and shall cause Notice in Writing of all Dilapidations or Want of Repair found on such Inspection, and of the Repairs or Works necessary for remedying the same, to be given to the Archbishop or Bishop of such See, and such Archbishop or Bishop shall forthwith do or cause to be done, at his or their own Expense, or at the Expense of his or their Lessees or Tenants, (as the Case may require,) the Repairs or Works mentioned in such Notice; and if any Difference arise between such Archbishop or Bishop and the Estates Committee with regard to the Condition of such Property, or the Repairs or Works required by the Estates Committee, the Matter in difference shall be referred to Arbitration as herein-after provided.
X Provision for the Improvement of Lands.
X. It shall be lawful for the Estates Committee, upon the Application of any Archbishop or Bishop, to undertake or authorize any Works of permanent Improvement which such Committee may think advisable, on any Lands assigned by way of Endowment to such Archbishop or Bishop, and the Ecclesiastical Commissioners may advance out of the Common Fund the Money which may be required for the Purpose of such Works, and the Money so advanced shall be repaid...
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