Ecclesiastical Lands Act 1785

ECCLESIASTICAL LANDS ACT 1785

CHAP. XLIX.

An Act to explain and amend the several Acts made in this Kingdom, to encourage the building of Houses, and making other Improvements on Church Lands, and for other Purposes.

Preamble.

lands, which are part of the estate of the bishops of Ferns.

said lands and other lands were leased to J. Symes.

who devised his interest therein in trust for the better support of Swift’s hospital,

17 years of the last lease are unexpired,

said lands are to be surrendered to the bishop for 1500l.

Bartholomew Vigors, bishop of Leighlin and Ferns, bequeathed 300l. to his successorn for the benefit of the bishoprick.

Edward Young, bishp of Leighlin and Ferns, bequeathed to his successors, 700l, for building as house for the residence of the bishop;

neither of which sums have been expended.

Walter, the present bishop, may apply the said sums in defraying the expence of this act,

WHEREAS the demesne or mensal lands of the bishops of the united bishopricks of Leighlin and Ferns, lie at a great distance asunder, and are inconveniently situated, and there it no mansion house yet built on either fee for the habitation and residence of the bishop of the said united bishopricks: and whereas two hundred and fifty seven acres, plantation measure of the following lands, to wit, Coolpuck Paddock, otherwise Aughnarudd, otherwise Fernsland, Upper and Lower Coobroe, Lower Ferns, Great and Little Kilboro, otherwife Broad-Stone, part of Burnsland, containing nine acres three roods and four perches, and Blakesland, otherwise Ballinsparrow, are part of the estate of the bishops of the said diocese of Ferns, and their successors, and are all situated in the county of Wexford, and near the cathedral church of said diocese, and are fit and convenient for a demesne for the bishops of said united fees, and their successors: and whereas the said lands, with other lands, part of the estate of the bishops of said diocese of Farns, were heretofore: leased and demised for a term of years to James Symes, late of Hammersmith in the county of Middlesex, and kingdom of Great Britain, esquire, and the said James Symes being in possession thereof, under such demise, duly made and executed his last will and testament, bearing date the second day of January, in the year one thousand seven hundred and sixty seven, and thereby devised his leasehold interest in said lands to Mitchelburne Symes, esquire, and Robert White, then of the exchequer office in the city of Dublin, and their executors, administrators, and assigns, in trust, that they should renew the leases thereof as often as necessary, and in trust to pay the rents, issues, and profits of the said lands, to the use and for the better support of the hospital called doctor Swift’s hospital for incurables in Dublin, meaning thereby the hospital founded in the city of Dublin by the reverend Jonathan Swift, heretofore dean of the cathedral church of Saint Patrick, Dublin, commonly called saint Patrick’s hospital for lunaticks and idiots; and the said Robert While is since dead, and the said Michelburne Symes is the surviving trustee in the said will of said James Symes named, and the said lease of said lands herein beforementioned, has, since the death of said James Symes, been from time to time renewed by the bishops of the said united fees, and the said lands demised and let to the said Mitehelburne Symes, the furviving trustee in the said will named, and there is now seventeen years of the term granted to the said Mitchelburne Symes, by the last lease, or renewal of the lease of said lands yet to come and unexpired: and whereas the said Mitchelburne Symes has agreed with the right reverend Walter, now lord bishop of the united dioceses of Leighlin and Ferns, by and with the consent and approbation of the governors of said hospital, to surrender the said lease of said lands to the said lord bishop, for and in consideration of the sum of one thousand five hundred pounds sterling, to be paid by him to said Mitchelburne Symes, for the use and benefit of the said hospital, that the said lands, containing two hundred and fifty seven acres, may, from the twenty fifth day of March last, be set apart for ever, for a demesne or mensal lands for the said bishop and his successors, bishops of the said united fees: and whereas the right reverend Banholomew Vigors, heretofore lord bishp of Leighlin and Ferns, by his last will and testament, bearing date the eleventh day of July, in the year one thousand seven hundred and fifteen, bequeathed the sum of three hundred pounds sterling, to be paid by his executors to the lord bishp of Leighlin, who should be his immediate successor, to be disposed of by him for the benefit, improvement, and encrease of the revenue of the said bishoprick of Leighlin, either by buying in some lease of fee-farm, or building an house for the more convenient habitation of the said lord bishop of the said fee: and whereas the right reverend Edward Young, heretofore lord bishop of Leighlin and Ferns, by his last will and testament, bearing date the twenty fifth day of July, in the year one thousand seven hundred and seventy two, bequeathed to his successor and successors, bishops of the said united fees of Leighlin and Ferns, the sum of seven hundred pounds sterling, to be laid out and expended in building an house for the residence of the bishops of Leighlin and Ferns, and the said two sums, amounting to the sum of one thousand pounds, have never yet been laid out or expended pursuant to the bequests in the said wills of the said Bartholomew Vigors and Edward Young, contained, but are now lodged and deposited in the hands of the said Walter, now lord bishop of Leighlin and Ferns: And whereas the bifhops of Leighlin and Ferns, the predecessors of the said present bishop, have been discouraged and prevented from building a mansion house for their residence, and expending the said two several sums pursuant to the said bequests, by the want of a convenient demesne, and the intentions of the said Bartholomew Vigors and Edward Young, in their said bequests, and their designs of procuring a convenient mansion house for the residence of their successors, bishops of said united fees, will be more effectually carried into execution, by applying the said two several sums to the purchase of the said leasehold interest in said lands, to be for ever set apart as a demesne or mensal lands for the residence of the bishops of the said united fees, than by applying the said sums strictly, according to the directions of the said bequests in the said wills contained: be it therefore enacted by the King’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 it shall and may be lawful to and for the said Walter, now lord bishop of the said united fees of Leighlin and Ferns, to apply, lay out, and expend the aforesaid two several sums of three hundred pounds, and seven hundred pounds sterling, making together the sum of one thousand pounds sterling, in the following manner, that is to say, that he shall in the first place, out of the said sum of one thousand pounds, defray, disburse, and discharge all and every the charges, costs, and expences which shall attend the passing of this act, and that he shall apply that part of the said sum of one thousand pounds, which shall remain after paying and discharging all the said charges, costs, and expences, towards the purchase of said leasehold interest in the said herein before mentioned lands.

and towards the purchase of the interest of said lands.

Said bishops. upon applying said sums as before directed, shall be freed from any other payment of said 1000l.

II. And be it further enacted by the authority aforesaid, That the said Walter, lord bishop of Leighlin and Ferns, paying and applying the aforesaid sum of one thousand pounds, in the manner herein before mentioned, shall for himself, his executors, and administrators, be freed and discharged of and from all further or other payment of the said sum of one thousand pounds, and every part thereof, and of and from all suits either in law or equity, for the recovery of the same, or any part thereof, or for or on account of the same, which might or could be instituted or commenced either by his successor or successors, in the said united bishopricks, or by any other person whatsoever, in case this act had never been made.

The expence of passing this act to be proved before the archbishop of Dublin.

III. And be it further enacted by the authority aforesaid, That the said Walter, lord bishop of Leighlin and Ferns, shall within one month after the passing of this act, prove before his grace the lord archbishop of Dublin, the full amount of the money which he shall expend or cause to be expended in procuring the passing of this act, and the said archbishop on such proof being made, shall under his hand and seal certify the sum expended in procuring the passing of this act, and such certificate of the said archbishop shall be deposited in the registry of the consistorial and metropolitical court of the diocese of Dublin, and shall be final as to the ascertaining the sum expended in procuring the passing of this act.

Mitchelburne Symes, with the approbation of the governors of said hospital, empowered to surrender said lands to said bishop.

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said Mitchelburne Symes, by deed under his hand and seal, with the consent and approbation of the said governors of saint Patrick’s hospital for lunaticks and idiots, testified by their being parties to such deed, and affixing thereto their common seal, to surrender to the said Walter, lord bishop of Leighlin and Ferns, the said unexpired leasehold interest in said lands, and the lease thereof, herein before mentioned, in consideration of the said Walter, lord bishop of Leighlin and Ferns, paying to the said Mitchelburne Symes the said sum of one thousand five hundred pounds, for the use and benefit of the said hospital, which surrender shall be good and valid in law to all intents and purposes whatsoever.

The said lands, together with others herein mentioned, shall be deemed ed the demesne or mensal lands of the bishops of Leighlin and Ferns.

V. And be it further enacted by the authority aforesaid, That the said lands herein before mentioned, and which in pursuance of this act shall be so as aforesaid, surrendered to the said Walter, lord bishop of Leighlin and Ferns, together with certain woods, part of the estate belonging to the said see of Ferns, situate in the said county of Wexford, and which adjoin the said lands on the north-east side thereof, and which contain by estimation three hundred and five acres, two roods, and ten perches, be the same more or less, and which are bounded as follows, to wit, on the north by the lands of Lower Tenshrull, Kill, and Clonee; on the north-east by William Bryan’s part of Kill; on the east by Kilboro; on the south by Upper and Lower Coolroe and McDaniel’s part of Coolroe; and on the west by the lands of Kiltown, Coolpuck, and Scrubwood, shall for ever be, and shall be deemed, taken, and reputed to be the demesne or mensal lands of the bishops of Leighlin and Ferns, and shall be unalienable, and shall not be let or disposed of to any other use.

Nothing herein to after acts relative to the exchange of glebe lands.

8 G. 1. c. 11

VI. Always provided, That nothing in this act contained, shall extend to alter or take away from the force of the laws and statutes now in force in this kingdom relative to the exchange of glebes or demesnes belonging to churches in this kingdom, and particularly of an act passed in the eighth year of the reign of King George the first, entitled, An act for the supplying a defect in an act passed in the second year of the reign of her late Majesty Queen Anne, entitled, An act for the exchange of glebes or demesnes belonging to churches in this kingdom; but the same and every part thereof shall remain and be in full force, any thing herein contained to the contrary notwithstanding.

3.4ths of the sum expended, to be paid by the successor of the present bishop, who shall be paid 2.3ds by his successor, who shall receive 1-half from his successor.

VII. And be it further enacted by the authority aforesaid, That the said Walter lord bishop of Leighlin and Ferns, paying the said sum of one thousand five hundred pounds, in manner and for the purposes herein before mentioned, his executors or administrators, shall receive from his next successor three-fourths of such sum as the said Walter shall be obliged to pay and advance for defraying the charges and expences which shall attend the passing of this act, and for purchasing the said surrender of said leasehold interest in said lands, after deducting thereout the said sum of one thousand pounds herein before mentioned, and such successor having paid the three-fourths of the said sum, he, his executors, or administrators shall receive two-thirds thereof from his next successor, which next successor having paid the said two-thirds, he, his executors or administrators, shall receive from his next successor one-half of such sum as he shall have paid as aforesaid, all which sums shall be paid and recovered in such manner and at such times as the sums to be paid to and recovered by ecclesiastical persons for buildings and improvements made on mensal lands, glebes or church lands, are to be paid and recovered by virtue of the several acts of parliament made in this kingdom to encourage the building houses and making other improvements on church lands, and to prevent dilapidations; the said sums made payable by this act, to be over and above and exclusive of any sum or sums which the successor or successors of the said Walter, lord bishop of Leighlin and Ferns, may become liable to pay by all or any of the said acts of parliament now in force in this kingdom to encourage the building of houses and making other improvements on church lands, for or on account of any buildings or improvements which the said Walter may hereafter erect or make on the demesne on mensal lands of the said united bishopricks of Leighlin and Ferns.

Said bishop or any ecclesiastical person using copper for covering the mansion house, shall receive the sums expended, as if covered with lead, slates, &c.

VIII. And whereas copper has been found by experience to be a more durable covering for houses than lead, slates, shingles or tiles, and to be a much more commodious and cheap covering for houses than lead; and whereas a doubt has arisen whether any ecclesiastical person building a house for the residence of himself and his successors, on his demesne or mensal lands of glebe, and covering the same with copper, would be entitled to receive or recover from his successor any sum of money which he should expend in building such house by virtue of the said acts now in force in this kingdom for encouraging the building of houses, and making other improvements on church lands, and preventing dilapidations: and whereas the said Walter, lord bishop of Leighlin and Ferns, means and intends, after the passing of this act, to build and erect a mansion house and offices fit and convenient for the residence of himself and his successors on the said lands, which shall in pursuance of this act be made and become the demesne or mensal lands of the said united bishopricks of Leighlin and Ferns, and to cover the same or part thereof with copper: be it therefore enacted by the authority aforesaid, That the said Walter, lord bishop of Leighlin and Ferns, his executors or administrators, if he shall build a mansion-house and offices on the said herein before mentioned lands, fit and convenient for the residence of himself and his successors, bishops of the said united fees of Leighlin and Ferns, and shall cover or roof the same, or any part thereof with copper, or any other ecclesiastical person using copper, he and they shall be entitled to receive and recover, and have such remedies for recovery of the same from his successor such sum or sums of money for building the said mansion-house or offices as he would be entitled to receive and recover by virtue of the said acts for encouraging the building of houses, and making other improvements on church lands, and preventing dilapidations; provided he had covered or roofed the same with lead, slates, shingles or tiles.

A. publick act.

IX. And be it enacted by the authority aforesaid, That this act shall be deemed, taken and allowed in all courts within this kingdom, as a publick act, and all judges are hereby required as such to take notice thereof without specially pleading the same; saving nevertheless to the King’s most excellent Majesty, his heirs and successors, and to all bodies politick and corporate, their respective heirs, successors, executors, and administrators, except the said Mitchelburne Symes, all such right, title, estate and interest both in law and equity, as they had, could, might or ought to have of, in, to or out of the said lands and premisses in or by this act vested for the purposes aforesaid, as fully to all intents and purposes as if this act had never been made, any thing herein contained to the contrary thereof in any wise notwithstanding.