Glebe Act, 1851

As to Sale of unsuitable Residence.

XXXII. That in case it shall happen that any such Ecclesiastical Residence, or in case the Glebe or Mensal Land belonging to any See, Benefice, or Preferment having no Residence, is placed in an unhealthy or inconvenient Situation, or is otherwise unsuitable for the Residence of any such Ecclesiastical Person and his Successors, from the Income of such Ecclesiastical Person, or from its Situation or State of Repair or other Circumstances, and shall be so reported by the Commissioners aforesaid, it shall be lawful for the Person or Persons issuing the said Commission to direct and authorize the Sale of such Residence and the Appurtenances belonging thereto, and a Portion of the Glebe Land contiguous thereto, not exceeding Twenty Acres in the whole, to any Person, Body Politic or Corporate, either altogether or in Parcels, for such Sum or Sums of Money as to such Person or Persons issuing such Commission as aforesaid shall appear reasonable; and thereupon it shall be lawful for such Ecclesiastical Person, and he is hereby empowered, by and with the Consent of such Person or Persons empowered to issue such Commission as aforesaid, to be signified by his or their Execution of the Deed of Conveyance hereby authorized to be made, absolutely to sell such House of Residence and Appurtenances, with such contiguous Land as aforesaid, or such Glebe Land, to any Person or Persons, Body Politic or Corporate, either altogether or in Parcels, and upon Payment of the Purchase Money thereof to such Person or Persons as the Person or Persons empowered to issue such Commission shall nominate, by Deed indented, to convey and assure such House of Residence, Land, and Appurtenances unto and to the Use of the Purchaser or Purchasers, his or their Heirs or Assigns or Successors, or as he or they shall direct or appoint; and the Receipt of such Person or Persons so nominated shall be an effectual Discharge to such Purchaser or Purchasers paying such Monies or such Parts thereof as in such Receipts shall be expressed, who shall be thereupon discharged from the said Monies, and shall not be accountable for the Loss or Misapplication of the said Monies or any Part thereof; and the Monies to arise from such Sale or Sales shall, after Payment of all Costs, Charges, or Expenses of such Sale, if it shall be sufficient thereto, be applied by the Person or Persons so nominated to receive the same in and towards the Erection or Purchase of some other suitable Residence or Land in the Manner herein-before provided in respect of building of Ecclesiastical Residences on the Default of the Ecclesiastical Person required to build the same; and the Residue of the Money, if any, shall be applied towards the Extinguishment of any existing Charge upon the said Benefice or Preferment, or shall be otherwise applied in permanent and useful Improvements on the said Ecclesiastical Residence or Glebe Lands, as the Person or Persons empowered to issue such Commission shall approve; but if such Purchase Money shall prove insufficient for the Purchase or Erection of a Residence or Land as aforesaid, it shall be lawful for the Person entitled to issue said Commission as aforesaid to require and enforce the Contribution of the Balance from the Ecclesiastical Person for the Time being holding said See, Benefice, or Preferment, or to raise the Amount upon Mortgage in manner aforesaid.