Ecclesiastical Commissioners Act 1866



Ecclesiastical Commissioners Act, 1866

(29 & 30 Vict.) C A P. CXI.

An Act to further amend the Acts relating to the Ecclesiastical Commissioners forEngland .

[10th August 1866]

W HEREAS it is expedient to amend the Acts relating to the Ecclesiastical Commissioners forEngland: 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:

S-1 Meaning of the Word ‘Commissioners.’

1 Meaning of the Word ‘Commissioners.’

1. The Word ‘Commissioners’ where used in this Act shall mean the Ecclesiastical Commissioners forEngland , unless some other Commissioners shall be particularly designated.

S-2 Two Members of Estates Committee may execute certain Acts.

2 Two Members of Estates Committee may execute certain Acts.

2. All Acts which the Estates Committee of the commissioners are authorized by Law to do and execute or to complete may, after the passing of this Act, be done and executed or completed by any Two Members of such Estates Committee, being Church Estates Commissioners.

S-3 Three Church Estates Commissioners to be Joint Treasurers of the Ecclesiastical Commissioners.

3 Three Church Estates Commissioners to be Joint Treasurers of the Ecclesiastical Commissioners.

3. The Three Church Estates Commissioners shall be Joint Treasurers of the Corporation of the Ecclesiastical Commissioners forEngland , with the Powers and subject to the Provisions specified in the Fifth Section of the Act of the Session of the Thirteenth and Fourteenth Years of Her present Majesty, Chapter Ninety-four; and the Receipt of any Two of such Treasurers, or of any One of them, with the counter Signature in the latter Case of the Accountant or the Assistant Accountant of the Ecclesiastical Commissioners for England , shall be a good and sufficient Discharge for any Money due and payable to the said Commissioners.

S-4 Authorizing Exchanges between Ecclesiastical Corporations and the Ecclesiastical Commissioners.

4 Authorizing Exchanges between Ecclesiastical Corporations and the Ecclesiastical Commissioners.

4. If, after the Commissioners have effected the Endowment of any Archbishoprick or Bishoprick or of any Chapter with Lands or Hereditaments, it shall appear to such Commissioners that it would be beneficial to such Archbishoprick or Bishoprick or to such Chapter that any Part or Parts of such Lands or Hereditaments should be exchanged for any Lands or Hereditaments belonging to any other Archbishop or Bishop, or Chapter, or to the Commissioners, it shall be lawful to effect such Exchange with the Consent in Writing of every Archbishop or Bishop, or Chapter, thereby affected, and by the Authority of a Scheme passed by the said Commissioners, and an Order of Her Majesty ratifying the same: Provided always, that no such Exchange shall be made unless the Commissioners shall be satisfied of the reasonable Equality in Value of the Lands and Hereditaments so to be exchanged, and shall in such last-mentioned Scheme make a Statement to that Effect.

S-5 Certain Payments and Conveyances and Assignments to be made by Instruments of Commissioners instead of Orders in Council.

5 Certain Payments and Conveyances and Assignments to be made by Instruments of Commissioners instead of Orders in Council.

5. The Payments and Investments and also the Conveyances and Assignments of Lands, Tithes, and Hereditaments, which by the Sixty-seventh Section of the Act of the Session of the Third and Fourth Years of the Reign of Her present Majesty, Chapter One hundred and thirteen, and the Twelfth Section of the Act of the Session of the Twenty-third and Twenty-fourth Years of the Reign of Her present Majesty, Chapter One hundred and twenty-four, it is contemplated should be made in aid of the Provision for the Cure of Souls in the Parishes and Places therein referred to, shall be made and appropriated under the sole Authority of Grants or Instruments under the Common Seal of the Commissioners, instead of under the Authority of Orders of Her Majesty in Council ratifying Schemes passed by the Commissioners; and every such Grant or Instrument shall be deposited in the Registry of the Diocese in which any Benefice to which the same relates is situate, but shall not be subject to Stamp Duty; and the Contents thereof shall be published in theLondon Gazette , and such Grant or Instrument shall not be effectual in Law until after such Publication.

S-6 Copies of such Instruments to be appended to Commissioners Annual Report.

6 Copies of such Instruments to be appended to Commissioners Annual Report.

6. The Commissioners shall append to every Report made by them to One of Her Majesty's Principal Secretaries of State, pursuant to Act of Parliament, Copies of all such Instruments as last aforesaid as shall have been passed by them during the Year to which such Report relates.

S-7 Lambeth Library to be maintained by Ecclesiastical Commissioners.

7 Lambeth Library to be maintained by Ecclesiastical Commissioners.

7. Whereas there is in the Palace atLambeth a Library, to which the Public have for a long Period had Access at certain Times and under certain Restrictions, the Cost of the Custody and Maintenance of which has been heretofore defrayed out of the gross Revenues arising from the Estates of the See of Canterbury: And whereas such Estates have now become transferred to the Ecclesiastical Commissioners for England: Be it enacted, That the Cost of the Maintenance of such Library, and of the Custody of the Books therein, may, if the said Commissioners think fit, by the like Authority, of a Scheme passed by the Commissioners and an Order of Her Majesty in Council ratifying the same, be defrayed out of the Rents and Profits of such Estates.

S-8 The Lollards Tower and Cardinal Morton's Tower.

8 The Lollards Tower and Cardinal Morton's Tower.

8. Whereas certain Portions ofLambeth Palace , namely, the Lollards Tower and Cardinal Morton's Tower , are not necessary or useful for the Enjoyment by the Archbishops of Canterbury of the Palace as a Place of Residence, whilst it is expedient that they should be preserved as Monuments of historical and antiquarian Interest: Be it enacted, That the Costs of the Preservation as aforesaid of such Portions of Lambeth Palace shall, by the Authority herein-after mentioned, be defrayed out of the Rents and Profits of the Estates of the See of Canterbury in the Hands of the Commissioners, and the Archbishop of Canterbury for the Time being, his Executors, Administrators, Estate and Effects, shall be discharged from all Liability for or in respect of Dilapidations on the aforesaid Portions of the Lambeth Palace .

S-9 Commissioners may accept Conveyances of Lands, &c. for Annexation to Benefices, and appropriate Monies for the Purchase.

9 Commissioners may accept Conveyances of Lands, &c. for Annexation to Benefices, and appropriate Monies for the Purchase.

9. It shall be lawful for the Commissioners to take a Conveyance of, and hold without Licence in Mortmain, any Lands or Hereditaments which they may consider suitable and convenient for Annexation to any Benefice with Cure of Souls, and it shall also be lawful for the Commissioners, in any Case in which they hold any Cash or Stock for or on account of a Benefice, to appropriate such Cash or Stock to the Purchase of any Land to be so conveyed, and if and when the Commissioners may have inserted in any Conveyance so taken by them under the Authority of this Section a Declaration to the Effect that such Lands or Hereditaments are intended by the Commissioners to form Part of the Endowment of the same Benefice, and have affixed to such Conveyance the Corporate Seal of the Board, in such Case that Conveyance shall without any further Formality be effectual in Law for vesting in the Incumbent of such Benefice for the Time being the Estate and Interest acquired by such Conveyance, and every such Deed of Conveyance shall be deposited in the Registry of the Diocese in which the Benefice affected thereby shall be situate.

S-10 Orders in Council to be registered, and published in the London Gazette.

10 Orders in Council to be registered, and published in the London Gazette.

10. Every Order of Her Majesty in Council ratifying any Scheme passed by the Commissioners under this Act shall be registered in such Diocesan Registry or Registries as may be for that Purpose...

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