Ecclesiastical Leasing Act 1858

JurisdictionUK Non-devolved
Citation1858 c. 57
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Primo & Vicesimo Secundo. An Act to amend the Act of the Fifth and Sixth Years of Her present Majesty, for enabling Ecclesiastical Corporations, aggregate and sole, to grant Leases for long Terms of Years.

(21 & 22 Vict.) C A P. LVII.

[23d July 1858]

'WHEREAS an Act was passed in the Session of the Fifth and Sixth Years of the Reign of Her present Majesty, intituledAn Act for enabling Ecclesiastical Corporations, aggregate and sole, to grant Leases for long Terms of Years : And whereas it is expedient that the said Act should be amended:' Be it therefore enacted and declared 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-I Leases under 5 & 6 Vict. c. 108. may be granted in consideration of Premiums; and Sales or Exchanges of Lands may be effected in certain Cases.

I Leases under 5 & 6 Vict. c. 108. may be granted in consideration of Premiums; and Sales or Exchanges of Lands may be effected in certain Cases.

I. In any Case in which it shall be made to appear to the Satisfaction of the Ecclesiastical Commissioners forEngland that all or any Part of the Lands, Houses, Mines, Minerals, or other Property of or belonging to any Ecclesiastical Corporation, which are by the said Act authorized to be leased, might, to the permanent Advantage of the Estate or Endowments belonging to such Corporation, be leased in any Manner, or be sold, exchanged, or otherwise disposed of, it shall be lawful for any Ecclesiastical Corporation, aggregate or sole, except as in the said Act is excepted, from Time to Time, with such Consents as in the said recited Act mentioned, and with the Approval of the said Commissioners, to be testified by Deed under their Common Seal, to lease all or any Part or Parts of the Lands, Houses, Mines, Minerals, or other Property belonging to such Corporation, whether the same shall or shall not have been previously leased or dealt with under the Provisions of the said recited Act or of this Act, and either in consideration or partly in consideration of Premiums or not, or for such other Considerations, and for such Term or Terms, and under and subject to such Covenants, Stipulations, Conditions, and Agreements on the Part of the Lessee or Lessees, and generally in such Manner as the said Commissioners shall under the Circumstances of each Case think proper and advisable; and also with the like Consents as are by the said recited Act required to the granting of a Lease (other than and except the Consent of the Lord of a Manor thereby required in regard to a Lease of Copyhold Hereditaments), and with the Approval of the said Commissioners, to be testified as aforesaid, absolutely to sell or convey in Exchange or by way of Partition, or otherwise dispose of, all or any Part or Parts of such Lands, Houses, Mines, Minerals, and other Property, whether the same shall have been previously leased under the Provisions of this Act or the said recited Act or Dot, for such Equivalent, either in Money, or in Lands, Tenements, or Hereditaments, or partly in Money and partly in Lands, Tenements, or Hereditaments, or for such other Considerations or Purposes, as the said Commissioners shall deem reasonable and proper, and on every or any such Exchange or Partition to give or receive, in such Manner as is herein-after mentioned, any Sum or Sums of Money by way of Equality of Exchange or Partition: Provided always, that no such Sale by the Incumbent of a Benefice as is above mentioned shall be authorized by the said Commissioners unless Three Months Notice in Writing of such proposed Sale shall have been given to the Bishop of the Diocese in which the Benefice is situate.

S-II Application of Monies produced by Sales, &c.

II Application of Monies produced by Sales, &c.

II. All Sums of Money which shall be payable by way of Premium on the granting of any such Lease, and all Rents, Royalties, and other Reservations to be reserved or made payable by any such Lease of any Mines, Minerals, Quarries, or Beds, and all Monies to arise on any such Sale, or to be received on any such Exchange or Partition, shall be payable and paid to the said Commissioners as if they were the sole Lessors or Vendors of the Property leased or sold in consideration thereof, and the Receipt of the Treasurer or Treasurers of the said Commissioners for the Time being shall be a good and sufficient Discharge for the Consideration for any Property so sold, and the Purchaser shall not be bound to see to the Application of such Consideration when so paid; or such Monies, or any Part thereof, may, with the Approval of the said Commissioners, be permitted to remain charged by way of Mortgage to the said Commissioners upon the Premises so leased, sold, or conveyed in Exchange or Partition, at such Rate of Interest, for such Period, and upon such Terms as the Parties, with such Approval, may agree upon; and on such Mortgage being discharged the Money thereby secured shall be paid to the said Commissioners as aforesaid; and all such Sums of Money so to arise or be received as aforesaid, after Payment of the Expenses incident to the Transaction in respect of which the same became payable, shall, at such Time or Times as the said Commissioners may think proper, be laid out by them in the Purchase of other Lands...

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