Ecclesiastical Houses of Residence Act 1842

JurisdictionUK Non-devolved
Citation1842 c. 26
Anno Regni VICTORI, Britanniarum Regin,Quinto & Sexto. An Act to alter and amend the Law relating to Ecclesiastical Houses of Residence.

(5 & 6 Vict.) C A P. XXVI.

[31st May 1842]

'WHEREAS it is expedient to alter and amend the Law relating to Ecclesiastical Houses of Residence:' 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, That whenever it shall appear to be expedient to relieve any Bishophaving more Episcopal Houses of Residence than One from any of such Houses, or to provide any Bishop with a more convenient House of Residence, or to add to, alter, improve, or take down and rebuild any Episcopal House of Residence, or to improve the Demesnes thereof, it shall be lawful, by the Authority provided in an Act passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of His late Majesty, intituledAn Act for carrying into effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales,with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage , with the Consent under the Hand and Episcopal Seal of the Bishop, to make such Arrangements as may by such Authority be deemed most expedient, for selling and conveying, to such Person or Body Corporate, and for such Consideration as may be approved by the like Authority, any Episcopal House of Residence then belonging to the See of such Bishop, or for taking down the same or any Part thereof, and selling the Site or the Materials thereof (as the Circumstances may render expedient), or for adding to, altering, improving, or taking down and rebuilding any Episcopal House of Residence, or for improving the Demesnes adjoining to any such House by the Purchase of any Land, Tenement, or Hereditament in the immediate Neighbourhood or within the View thereof, or for building a new Episcopal House of Residence for any See on any Site to be approved by the like Authority, and for applying the Proceeds of any such Sale as aforesaid, or any Part thereof, to any of such Purposes, or to any such other Purposes, and in such Manner as shall appear to be most conducive to the permanent Benefit of the See; and that so much of the said Act as relates to the providing of any Bishop with a more suitable and convenient Residence shall be extended so as to include and apply to any of the Purposes of this Act.

S-II Commissioners to state their Reasons for the Alteration.

II Commissioners to state their Reasons for the Alteration.

II. Provided always, and be it enacted, That in any Scheme which shall be laid before Her Majesty in Council by the Ecclesiastical Commissioners forEngland under this Act, recommending any Arrangement for taking down or selling any Episcopal Residence, or changing the Site thereof, the said Commissioners shall set forth particularly the Grounds and Reasons upon which they deem it expedient to offer such Recommendation.

S-III Repeal of 2 & 3 Vict. c. 18. except as to subsisting Mortgages.

III Repeal of 2 & 3 Vict. c. 18. except as to subsisting Mortgages.

III. And be it enacted, That an Act passed in the Session of Parliament held in the Second and Third Years of Her Majesty's Reign, intituledAn Act to enable Archbishops and Bishops to raise Money on Mortgage of their Sees, for the Purpose of building and otherwise providing fit Houses for their Residence , shall be repealed; provided that nothing herein contained shall affect any subsisting Mortgage made under the Provisions thereof, but that every such Mortgage, and all Proceedings completed and in progress in respect thereof, shall be as valid and effectual, and all the Parties to such Mortgage or to any such Proceedings shall continue subject to the same Conditions and Provisions, as if the said Act had not been repealed.

S-IV Deficiency in Bishop's Income may be supplied.

IV Deficiency in Bishop's Income may be supplied.

IV. And be it enacted, That in case such a Deficiency shall have been or would be created in the average annual Income of any Bishop appointed after the passing of the said first-recited Act, by the effecting of any Mortgage or other Arrangement under either of the said Acts or this Act, as to reduce it below the average annual Income of such Bishop named in the first-recited Act, or in any Order of Her Majesty in Council issued under the Provisions thereof, it shall be lawful, by the Authority aforesaid, out of any Monies from Time to Time standing to the Credit and Account of the Ecclesiastical Commissioners forEngland , being Part of Payments from the larger Sees respectively towards the Augmentation of the Incomes of the Bishops of the smaller Sees, if it shall be deemed fit, and if such Monies, after duly considering all the Claims thereon, shall appear to be sufficient for such Purpose, to make any Arrangement for supplying or preventing such Deficiency or any Part thereof which by the like Authority shall be deemed expedient.

S-V Chapters, Deans, and Canons may purchase, and alter, take down, or rebuild.

V Chapters, Deans, and Canons may purchase, and alter, take down, or rebuild.

V. And be it enacted, That it shall be lawful for the Dean and Chapter, or for the Dean, or for any Canon of any Cathedral Church, under the Authority aforesaid, to purchase any Episcopal House of Residence sold under the Provisions of this Act, or the Site of any such House, or any other House or Site, being contiguous or near to such Cathedral Church, or any Part of such House or...

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