Glebe Lands, Representative Church Body, Ireland, Act, 1875

GLEBE LANDS, REPRESENTATIVE CHURCH BODY, IRELAND, ACT 1875

CHAPTER XLII.

An Act to entitle certain Corporate Bodies to hold Land for Glebes in Ireland. [19th July 1875.]

32 & 33 Vict. c. 42.

Whereas by the Irish Church Act, 1869, it was, amongst other things, enacted that the union between the Churches of England and Ireland should be dissolved, and that the said Church of Ireland, in the said Act and herein-after referred to as the “said church,” should cease to be established by law: And whereas in pursuance of the said Act Her Majesty was pleased to incorporate by Royal Charter the representative body of the said Church, under the name of the Representative Church Body:

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Title of Act.

1. This Act may be cited for all purposes as “The Glebe Lands, Representative Church Body (Ireland) Act, 1875.”

Power to invest funds in purchase, &c. of lands for manses, &c.

2. It shall be lawful for the said Representative Church Body to invest all moneys vested in them for that purpose in the absolute purchase, or in procuring leases or fee-farm grants subject to annual or other rents, and with or without fines, of lands for the erection thereon of churches, or of glebes for the use of the clergymen of said church, or for schools or other buildings in connexion with said church buildings, or for other church purposes, the land so to be purchased not to exceed thirty acres for each glebe, or to permit such clergymen and congregations to occupy and use the same at such rent and upon such terms and conditions as the Representative Church Body shall think fit; and the Representative Church Body may execute all such deeds, grants, leases, or other documents as may be necessary for the purpose aforesaid.

Power to vest colleges, church, buildings, &c. in trustees.

3. It shall be lawful for the trustees of any college, church building, schoolhouse, glebe, or other real property, whether freehold or chattel, or any personal property held in trust for the said church or any congregation in connexion therewith, or any person or persons in whom the same may be vested, if they or he respectively shall think fit, to grant, assign, or otherwise vest in the said Representative Church Body, with their concurrence, such college, church building, schoolhouse, glebe, or other real property, whether freehold or chattel, or any personal property, to be held by the said Representative Church Body, upon such trust and subject to such rights as at the time of such grant, assignment, or vesting affected the same respectively, and the former trustees shall be thereupon released from the trusts thereof respectively.

Power to hold lands for colleges, &c.

4. It shall be lawful for any person whomsoever, entitled so to do, to give, grant, devise, bequeath, or assure, by any deeds, will or other instrument sufficient in law to create or convey an estate therein, any messuages, lands, hereditaments, or any estate therein, to the said Representative Church Body for any college, or for any church, glebe, building, or schoolhouse in connexion with any congregation or church: Provided always, that under the provisions aforesaid or otherwise not more than thirty acres shall be held in trust for any congregation, nor more than one hundred acres in trust for any college: Provided always, nevertheless, that any such gift, grant, bequest, or assurance of lands in excess of the acreage hereby authorised to be held as aforesaid shall be void as to the excess only.

Power to sell surplus lands.

5. The said Representative Church Body may from time to time sell, lease, exchange, or otherwise dispose of, on such terms and in such a manner as they think fit, or mortgage any lands vested in them, and not being otherwise required for purposes of the said church or any of the colleges or congregations connected therewith, and may enter into, execute, and do all contracts, assurances and things necessary or proper in that behalf; and every such sale or lease as aforesaid may be made either absolutely for a sum in money, or for any annual rent or rents, to be made payable as the said Representative Church Body direct, or partly for a sum of money and partly for such rent or rents as aforesaid as the said Representative Church Body think fit, and the said Representative Church Body may afterwards sell any rent so to be made payable.

Ecclesiastical persons can contract themselves out of 33 & 34 Vict. c. 46.

6. It shall be lawful for any ecclesiastical person to make and enter into a good and valid contract with any lessor for the occupation of any glebe house and lands, although by such contract such ecclesiastical person may be deprived of his right to make any claim under any of the sections or provisions of the Landlord and Tenant (Ireland) Act, 1870, any restriction or provision in the said Act to the contrary notwithstanding.

Amendment of Acts 3 & 4W. 4. c. 37. s. 72. and 4 & 5 W. 4. c. 90. s. 20.

7. In section seventy-two of Act third and fourth William the Fourth, chapter thirty-seventh, and section twenty of fourth and fifth William the Fourth, chapter ninety, the words “United “Church of England and Ireland” shall be held and construed as applying to “the said church” alone, and the said Acts shall be construed as if the words “Representative Church Body” had been and were substituted for the words “Ecclesiastical Commissioners,” and the said sections of the said Acts so altered shall be and continue in full force and effect.

Interpretation.

8. The term “glebe” in this Act shall mean and include any house, with the piece or parcel of land attached thereto, occupied or to be occupied by any ecclesiastical person while having spiritual charge of any parish or district to which such house and land shall have heretofore belonged, or for which it shall be or shall have been granted or purchased or required as a residence for such ecclesiastical person whilst having such spiritual charge; and the term “ecclesiastical person” shall mean and include any archbishop bishop, and clergyman of the said church.

Extent.

9. This Act shall extend to Ireland only.