Ecclesiastical Commissioners Act 1850

JurisdictionUK Non-devolved
Citation1850 c. 94
Anno Regni VICTORI, Britanniarum Regin, Decimo Tertio & Decimo Quarto. An Act to amend the Acts relating to the Ecclesiastical Commissioners forEngland .

(13 & 14 Vict.) C A P. XCIV.

[14th August 1850]

'WHEREAS an Act was passed in the Seventh Year of the Reign of His late Majesty, intituled England Wales, ; and an Act was passed in the Fourth Year of the Reign of Her Majesty, intituled ; and an Act was passed in the Fifth Year of the Reign of Her Majesty, intituled England: And whereas it is expedient that the said recited Acts should be amended:' 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 Authorityof the same, That it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, to appoint Two Lay Members of the United Church ofEngland and Ireland to be Commissioners for the Purposes of this Act, by the Title of First and Second Church Estates Commissioners; and it shall be lawful for Her Majesty upon every Vacancy in the Office of First or Second Church Estates Commissioner to appoint in like Manner some other Lay Member of the said Church to such Office; and it shall be lawful for the Archbishop of Canterbury for the Time being to appoint, under his Hand and Archiepiscopal Seal, One Member of the said Church to be a Commissioner for the Purposes of this Act, by the Title of a Church Estates Commissioner, and upon every Vacancy in the Office of a Church Estates Commissioner so appointed to appoint in like Manner some other Member of the said Church to such Office; and every Church Estates Commissioner appointed by Her Majesty shall hold his Office during Her Majesty's Pleasure; and every such Commissioner appointed by the said Archbishop shall hold his Office during the Pleasure of the said Archbishop for the Time being; and every Church Estates Commissioner shall, by virtue of such Appointment, and so long as he shall hold his Office of Church Estates Commissioner, be an Ecclesiastical Commissioner, and a Member of the Body Corporate of ‘The Ecclesiastical Commissioners for England ,’ in addition to the other Members for the Time being of such Body Corporate: Provided always, that any of the Lay Ecclesiastical Commissioners for the Time being appointed by Name, and not by virtue of any Office, shall be capable of being appointed as aforesaid to the Office of Church Estates Commissioner, but any such Ecclesiastical Commissioner may after his Removal from or Resignation of the Office of Church Estates Commissioner continue to hold his Appointment as Ecclesiastical Commissioner so long as he shall well demean himself as such Ecclesiastical Commissioner (unless he expressly resign such last-mentioned Appointment).

S-II Salaries to Church Estates Commissioners.

II Salaries to Church Estates Commissioners.

II. And be it enacted, That there shall be paid to the First Church Estates Commissioner a Salary not exceeding the yearly Sum of One thousand two hundred Pounds, and to the Church Estates Commissioner appointed by the said Archbishop a Salary not exceeding the yearly Sum of One thousand Pounds, to be determined by the Commissioners of Her Majesty's Treasury, and such Salaries shall be paid out of the Monies from Time to Time in the Hands of the Ecclesiastical Commissioners forEngland .

S-III First Church Estates Comr may sit in House of Commons.

III First Church Estates Comr may sit in House of Commons.

III. And be it enacted, That the First Church Estates Commissioner for the Time being shall be capable of being elected and of sitting and voting as a Member of the House of Commons.

S-IV Church Estates Commissioners to sign Declaration.

IV Church Estates Commissioners to sign Declaration.

IV. And be it enacted, That every Church Estates Commissioner so appointed as aforesaid, before he proceed to do any Act by virtue of his Appointment, shall (unless at the Time of such Appointment he be an Ecclesiastical Commissioner, and have subscribed the Declaration herein-after mentioned,) subscribe the like Declaration as by the recited Acts is required to be subscribed by the other Lay Members of the said Corporation.

S-V Treasurer and Secretary not to be the same Person.

V Treasurer and Secretary not to be the same Person.

V. And be it enacted, That so much of the secondly-recited Act as relates to the Offices of Treasurer and Secretary to the said Ecclesiastical Commissioners shall be repealed; and the First Church Estates Commissionerand the Church Estates Commissioner appointed by the said Archbishop shall be joint Treasurers of the said Corporation, but shall not as such Treasurers be entitled to any Salary other than their respective Salaries as Church Estates Commissioners under this Act; and the Secretary of the said Corporation shall be appointed and liable to be removed as is provided by the first-recited Act; and all Provisions in any Act of Parliament, Assurance, or Instrument whatever concerning the Payment of Money to the Treasurer and Secretary for the Time being of the said Corporation, or for making the Receipts of such Treasurer and Secretary Discharges for Money, shall be applicable to the joint Treasurers for the Time being of the said Corporation, as if such joint Treasurers had been mentioned therein instead of such Treasurer and Secretary.

S-VI Estates held in trust for the Ecclesiastical Commissioners to be vested in the First Church Estates Commissioner for the Time being.

VI Estates held in trust for the Ecclesiastical Commissioners to be vested in the First Church Estates Commissioner for the Time being.

VI. And be it enacted, That upon the Appointment of a First Church Estates Commissioner under this Act all Lands and Hereditaments of any Tenure which are now vested inCharles Knight Murray Esquire, the late Secretary and Treasurer of the said Corporation, for any Estate or Interest whatever, in trust for the said Ecclesiastical Commissioners, and all Powers which are now vested in the said Charles Knight Murray under any Mortgage or other Security in trust for the said Ecclesiastical Commissioners, shall be vested in such First Church Estates Commissioner, by virtue of his Appointment, for the like Estate and Interest and in like Manner as the same are now vested in the said Charles Knight Murray ; and all Lands, Hereditaments, and Powers which from Time to Time by virtue of this Act, or under any Assurance or Security hereafter made, shall be vested in any First Church Estates Commissioner, in trust for the said Ecclesiastical Commissioners, and shall continue vested in such First Church Estates Commissioner at the Time of his ceasing to be such Commissioner, shall, immediately upon the Appointment of a First Church Estates Commissioner in his Place, be vested in such Commissioner, by virtue of his Appointment, for the like Estate and Interest and in like Manner as the same were vested in the immediately preceding First Church Estates Commissioner at the Time of his ceasing to be such Commissioner; provided, that where any Copyhold or Customaryhold Land becomes vested in any First Church Estates Commissioner by virtue of this Act, such First Church Estates Commissioner shall in each such Case be admitted thereto in trust as aforesaid, and the like Fees, Fines, or Sums of Money shall be paid in respect of such Admittance as would have been payable in respect of the Admittance of an Heir.

S-VII As to Appointment of Estates Committee.

VII As to Appointment of Estates Committee.

VII. And be it enacted, That the Church Estates Commissioners for the Time being shall be a Committee of the said Corporation, to be styled ‘The Estates Committee,’ but the said Ecclesiastical Commissioners may within Six Weeks after the passing of this Act, and again in the Month ofFebruary in every Year, by an Instrument under their Common Seal, appoint Two Members of the said Corporation (of whom One at least shall be a Layman who shall have been appointed an Ecclesiastical Commissioner by Name, and not in right of any Office,) to be Members of such Estates Committee, in addition to the Church Estates Commissioners; and the Two Members so appointed from Time to Time shall cease to be Members of such Committee at the End of the Month of February next after their Appointment, or upon the Appointment of others in their Stead, which shall first happen, but every such Member of such Committee shall be capable of being re-appointed; and on any Vacancy occurring among such Two Members the said Ecclesiastical Commissioners may appoint to supply such Vacancy, until the next annual Appointment, any Commissioner who might have been originally appointed, but the said Estates Committee may act notwithstanding any Vacancy among or Non-appointment of such Two Members as aforesaid.

S-VIII The Estates Committee to manage all Property of the Commissioners.

VIII The Estates Committee to manage all Property of the Commissioners.

VIII. And be it enacted, That it shall be the Duty of such Estates Committee, or any Three of them, of whom Two or more shall be Church Estates Commissioners, to consider all Matters in any way relating or incident to the Sale, Purchase, Exchange, Letting, or Management, by or on behalf of the Ecclesiastical Commissioners forEngland , of any Lands, Tithes, or Hereditaments, and to devise such Measures touching the same as shall appear to such Committee to be most expedient; and such Estates Committee, or any Three of them, of whom Two or more shall be Church Estates Commissioners, shall have full Power and Authority, subject to such General Rules as are herein-after mentioned, and as shall have been made by the said Ecclesiastical Commissioners, to do and execute any Act...

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