Glebe Act, 1851

Regulations as to the letting or demising Glebe Lands.

LVII. That it shall not be lawful for any Rector, Vicar, or Incumbent, or other Ecclesiastical Person, having a Glebe fit and convenient to be built upon for the Residence of him and his Successors, or whereon a convenient and suitable House of Residence has been or shall be built, or which shall lie so contiguous to the said House as to be conveniently made use of for the same, to alien, let, or demise such Glebe or any Part thereof to any Person or Persons for any longer Term or Time than One Year from the making thereof, in possession, and not in reversion; and that every Alienation or Demise thereof for more than One Year shall be absolutely null and void to all Intents and Purposes whatsoever: Provided always, that in any Case in which any Rector, Vicar, or Incumbent shall have any Lands in right of his Benefice unsuitable for the Purposes of Residence, or exceeding Twenty Acres, that it shall be lawful for every such Incumbent, by Indenture, sealed and delivered by such Incumbent in the Presence of One or more Witness or Witnesses, and with the Consent of the Archbishop or Bishop of the Diocese under his Hand and Seal, such Consent being signified by way of Endorsement to be written on such Indenture, or by his being an executing Party thereto, to demise to any Person, being in the actual Occupation thereof, any Part or Parts of the Glebe Lands of the said Benefice unsuitable or unnecessary for Residence as aforesaid, either altogether or in Parcels containing not less than Ten Acres each, for any Term not exceeding Thirty-one Years, to take effect in possession, or so as any existing Lease shall be surrendered or expire within One Year from the Date thereof, and that a Counterpart thereof shall be executed, and duly registered in the Registry of the Diocese: Provided always, that in and by every such Lease there shall be reserved and made payable half-yearly the best Rent that can at the Time of making such Lease be obtained or reasonably be expected for the same, without taking any Fine or Premium, or any Sums of Money or other Thing by way of Fine or Premium, for making same: Provided also, that every such Lease not authorized or permitted by this Act shall be absolutely null and void to all Intents and Purposes whatever; and it shall be lawful for the Archbishop or Bishop of the Diocese, notwithstanding same, to exercise all Powers and Jurisdictions vested in him respectively by any Statute or otherwise relative to the enforcing the building of Houses of Residences, and changing the Sites thereof, and the Residence of the Clergy on their Benefices, anything herein to the contrary notwithstanding.