|
Enabling Sale and Exchange of suitable House and Land for Glebe.
|
XL. That it shall be lawful for any Owner of any House, Offices, Buildings, Lands, or Tenements suitable and convenient for the Residence, Offices, or Glebe of any such Rector or other Incumbent of any Parish, Parochial Chapelry, or Perpetual Curacy, whether such Owner be a Corporation, sole or aggregate, or Tenant in Fee Simple or in Fee Tail, general or special, or for Life or Lives, and for the Guardians, Trustees, or Feoffees for charitable and other Uses, and for any married Woman seised in her own Right, and for the Guardians and Committee of Lunatics and Idiots, and for the Ecclesiastical Commissioners for Ireland having Houses or Lands belonging to any suppressed See or Dignity, to exchange or sell, convey or release, the said House, Offices, Buildings, Lands, or Tenements to or with any such Rector or Incumbent authorized to make such Exchange or Purchase, and having such Consents as aforesaid, and his Successors, and to enter into all necessary Agreements for that Purpose for such other Houses, Offices, Buildings, Lands, or Tenements belonging to such Rector or Incumbent as shall be ascertained to be of equal Value and Purchase at the Time, or for such Sum of Money as shall be ascertained to be the true and just Value of the same at the said Time, by a Valuation to be made in the Manner herein-after mentioned, not only on behalf of themselves, and their respective Heirs, Executors, and Successors, but also for and on behalf of every Person entitled in reversion, remainder, or expectancy after them, or in defeazance of the Estate of such Parties, and as to such married Women, whether they be of full Age or not, as if they were sole and of full Age, and as to such Guardians on behalf of their Wards, and as to such Committees on behalf of the Lunatics or Idiots of whom they are the Committees respectively, and that to the same Extent as such Wives, Wards, Lunatics, and Idiots respectively could have exercised the same Powers under the Authority of this Act if they had respectively been under no Disability, and as to such Trustees on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under this Act if they respectively had been under no Disability: Provided always, that no Lands or Tenements exceeding the Quantity of Five Acres shall be granted or conveyed (except by way of Exchange) under the foregoing Provision, and that the Value and Purchase Money of any House, Offices, Lands, or Tenements purchased from or given and taken in Exchange from any Party under Disability or Incapacity, and not having Power to sell or exchange except under the Provisions of this Act, shall, except in the Case of the Ecclesiastical Commissioners for Ireland aforesaid, be ascertained and determined by the Valuation of a Jury in the Manner herein-after provided, and that the Value shall in all other Cases, unless the said Parties or the said Ordinary shall otherwise require it, be ascertained by Consent between the said Owner and such Ecclesiastical Person, with such Consents as aforesaid: Provided also, that no Dwelling House or Part of the Lands usually reputed as Demesne Lands to the Dwelling House belonging to any such Tenant for Life or Tenant in Tail shall be purchased or taken in Exchange under the foregoing Provision.
|