Episcopal and Capitular Estates Act 1851
| Jurisdiction | UK Non-devolved |
(14 & 15 Vict.) C A P. CIV.
[8th August 1851]
'WHEREAS it would tend to the Improvement of Episcopal and Capitular Estates inEngland , without Prejudice to the Interests of Persons holding Leases granted thereof, if Facilities were given for such Dealings as herein-after mentioned between Ecclesiastical Corporations and their Lessees:' Be it therefore 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 Power of Ecclesiastical Corporations, with Approval of Church Estate Commissioners, to sell, enfranchise, or exchange Church Lands, or to purchase the Interests of their Lessees.
I. It shall be lawful for any Ecclesiastical Corporation, sole or aggregate, with the Approval in Writing of the Church Estates Commissioners, who shall pay due Regard to the just and reasonable Claims of the present Holders of Lands under Lease or otherwise arising from the long continued Practice of Renewal, to sell to any Lessee under any Lease granted by such Corporation the Reversion, Estate, and Interest of such Corporation in all or any of the Lands comprised in such Lease, for such Consideration, upon such Terms, and in such Manner as such Corporation and Lessee may, with such Approval as aforesaid, think fit; and it shall be lawful for any such Ecclesiastical Corporation, with such Approval as aforesaid, to enfranchise any Copyhold or Customary Land held of any Manor belonging to such Corporation, or to exchange with any Lessee under any Lease granted by such Corporation all or any of the Lands therein comprised, or the Reversion, Estate, and Interest therein of such Corporation, for any other Lands, whether of Freehold, Copyhold, or Customary Tenure, or for the Estate and Interest of such Lessee in any other Lands belonging to such Corporation, and upon any such Exchange either to receive or pay any Money by way of Equality of Exchange; and it shall also be lawful for any such Corporation, with such Approval as aforesaid, to purchase the Estate and Interest of any such Lessee in any Lands belonging to such Corporation, or of any Holder of Copyhold or Customary Land of any such Manor: Provided that where the Estate or Interest of any Ecclesiastical Corporation in any Tithes or Tithe Rentcharges, or any Hereditaments allotted or assigned in lieu of Tithes, is proposed to be sold or given in exchange by such Ecclesiastical Corporation under the Powers of this Act, the Church Estates Commissioners, before they approve such Sale or Exchange, shall bring the Wants and Circumstances of the Places in which such Tithes arise or have arisen under the Notice of the Ecclesiastical Commissioners forEngland , and, where the said Ecclesiastical Commissioners shall so direct, the Church Estates Commissioners shall, as a Condition of their Approval of such Sale or Exchange, require such Augmentation or Provision to be made in respect of the Spiritual Wants of such Place out of the Monies to arise or the Property to be taken under such Sale or Exchange as the said Ecclesiastical Commissioners shall think fit.
II Provision for Apportionment of Rent on Surrender of Part of Lands comprised in any Lease.
II. Upon the Surrender to any Ecclesiastical Corporation of the Estate or Interest of any Lessee in a Part only of the Lands comprised in any Lease, it shall be lawful for the Church Estates Commissioners, by a Memorandum in Writing under the Hands of such Commissioners which may be endorsed on such Lease, to apportion the Rent reserved thereby, and declare what Part thereof shall continue payable thereunder, and thereupon such apportioned Part of the Rent shall be payable as if the same had been the Rent originally reserved in respect of the Lands not surrendered; and where the Rent originally reserved was an ancient and accustomed Rent, the Part so continuing payable shall be deemed and taken to be the ancient and accustomed Rent for the Lands not surrendered; and the Reservations, Covenants, and Agreements contained in such Lease, and the Powers and Authorities of any such Ecclesiastical Corporation, so far as the same shall be applicable to the Lands not surrendered, shall remain in full Force as if such...
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