Glebe Lands Act 1888
| Jurisdiction | UK Non-devolved |
Glebe Lands Act, 1888
(51 & 52 Vict.) CHAPTER 20.
An Act to facilitate the sale of Glebe Lands.
[7th August 1888]
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:
1 Short title and extent.
1. This Act may be cited as theGlebe Lands Act, 1888.
This Act shall not extend to Scotland or Ireland.
2 Application by incumbent to Land Commissioners for sale of glebe.
2. The incumbent of any benefice may from time to time, after the prescribed notice to the bishop of the diocese and the patron of the benefice, apply in the prescribed manner to the Land Commissioners to approve the sale of the glebe land of such benefice, or any part thereof, except the parsonage house and such land appurtenant thereto as herein-after mentioned.
3 Sale of glebe with approval of Land Commissioners.
(1)3.—(1.) If the Land Commissioners, on an application being made to them to approve the sale of any glebe land under this Act, think fit to entertain the application, and are satisfied that the application has been duly made by an incumbent authorised to apply, and that the prescribed notice has been given to the bishop of the diocese and the patron of the benefice, and that an objection to the sale either has not been made by the bishop or patron, or if made ought not to prevent the sale, and that the sale will be for the permanent benefit of the benefice, they may approve the sale of the said land, subject to the provisions of this Act, and the incumbent, with such approval, may sell the said land; but the Land Commissioners shall not approve the sale of any land occupied by the parsonage house, or the outbuildings, garden, or other appurtenances thereof, or such part of the glebe land as they consider to be necessary for the convenient enjoyment of such house, and the opinion of the said Commissioner in respect of such matters shall be conclusive.
(2) (2.) If upon notice of a proposed sale under this Act the bishop of the diocese or patron objects to the sale, and the Land Commissioners are satisfied that such objection ought not to prevent the sale, the land Commissioners shall inform the bishop or patron, as the case may be, in writing, of their reasons for being so satisfied.
4 Payment and application of purchase money.
(1)4.—(1.) Upon the sale under this Act of the glebe land of any benefice, the purchaser shall pay the pay the purchase money to the Land Commissioners, and the prescribed prescribed receipt of the Land Commissioners for such money shall be a sufficient discharge to the purchaser.
(2) (2.) The Land Commissioners shall apply the purchase money so paid in defraying the prescribed expenses of or incident to the sale of such land and the investment of the purchase money, and (subject to the provisions of this Act as to incumbrances) shall invest the residue in such one or more of the modes herein-after mentioned as may be selected by the incumbent of the benefice, with the approval of the Land Commissioners, or (in default of such selection) by the Land Commissioners; namely
(a .) in purchase of any of the following securities, namely, Government securities, the debenture stock of any railway company in Great Britain or Ireland incorporated by special Act of Parliament, and having for at least ten years next before the date of investment paid a dividend on its ordinary stock or shares, stock of the Metropolitan Board of Works, and that stock of any county or municipal borough in which trustees are by law authorised to invest either generally or whenever they have power to invest in railway debenture stock, if such county or municipal borough had, according to the census last published next before the date of the purchase, a population exceeding one hundred thousand; and
(b .) in redemption of land tax, chief rent, or quitrent charged on any part of the glebe which is not sold, so that the same may merge in the glebe; and
(c .) in the purchase of any land adjacent to the parsonage house the possession of which in the judgment of the Land Commissioners would be for the benefit of the benefice and for the convenient enjoyment of such house.
(3) (3.) An investment in any securities shall be made in the name of the Ecclesiastical Commissioners for England, and any such investment may from time to time, with the approval of those Commissioners, be varied on the application and at the expense of the incumbent.
(4) (4.) Securities bought out of the purchase money under this Act of the glebe of any benefice and held by the Ecclesiastical Commissioners for England shall be entered in the books kept by any body corporate, company, or persons in relation to those securities in the name of those Commissioners, but on a separate account ex-parte the benefice; such body corporate, company, or persons, however, shall treat those Commissioners as the sole and absolute owner of the securities, and shall arrange with those Commissioners for the payment of the dividends, whether by dividend warrants sent through the post or otherwise, to such persons as may be directed by those Commissioners, and the enactments relating to dividend warrants shall apply to the warrants sent to any such person in like manner as if they were sent to the holder of the securities at his request.
(5) (5.) The Ecclesiastical Commissioners for England shall hold any securities purchased with money arising from a sale of land under this Act on the same trusts and for the same purposes on and for which the land sold was held; and may from time to time, if occasion requires, sell such securities and apply the proceeds on the said trusts and for the said purposes, and shall cause the income arising from such securities to be paid or applied in such manner (if and) as may be directed in pursuance of this Act, and subject thereto, in such manner as the income of the said land sold would have been payable or applicable if such sale had not taken place.
(6) (6.) Any...
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