Church Temporalities Act, 1833

On ascertaining Amount of Rent to be reserved, the Commissioners shall grant a Certificate to the Tenant, who shall pay Purchase Money into Bank of Ireland, and thereupon a Conveyance to be executed.

CXXXVI. And be it further enacted, That whenever the Amount of the annual Rent so to be thereafter reserved and made payable for and out of the said Lands and Premises to such Archbishop or Bishop, or other Ecclesiastical Person, and his Successors, or to the said Commissioners under this Act, as the Case may be, shall have been ascertained and determined on by any of the Ways and Means aforesaid, it shall and may be lawful for the said Commissioners under this Act, and they are hereby directed, if so required by such Tenant or Lessee, Tenants or Lessees, by Writing under his or their Hand or Hands so to do, to grant to such Tenant or Lessee, Tenants or Lessees, a Certificate under their Seal, stating the Terms of such Purchase, and the Amount of the said Purchase Money to be paid as aforesaid, and of the annual Rent to be reserved and made payable in and by the said Deed or Deeds of Conveyance herein-after mentioned; which Sum so ascertained and mentioned as such Purchase Money in and by the said Certificate such Tenant or Lessee shall (if he shall think fit to complete such Purchase) pay or cause to be paid into the Bank of Ireland, to the Credit of the said Commissioners under this Act, under a distinct and separate Account, to be for that Purpose opened in the Books of the said Bank, to be called the Perpetuity Purchase Fund Account, within the Period of Six Calendar Months after the signing of the said Certificate; and thereupon, if the said Lands and Premises so to be purchased shall, previously to such Purchase, have been transferred to and become vested in the said Commissioners by virtue of the Provisions of this Act, then and in such Case, on the Production to the said Commissioners of the Receipt of the Cashier or Cashiers of the said Bank of Ireland for the Amount of such Purchase Money mentioned and specified in and by such Certificate, the said Commissioners shall and they are hereby required, in such Manner as herein-before provided as to the Execution of Deeds by them, to execute, seal, and deliver a Deed of Conveyance to such Tenant or Lessee of the Fee Simple and Inheritance of the said Lands and Premises, when the same shall be tendered for Execution by the said Tenant or Lessee, unto and to the Use of such Tenant or Lessee, his Heirs and Assigns, as he or they shall appoint, subject to such annual Rent as aforesaid; and if the said Lands and Premises so to be purchased shall at the Time of such Purchase belong to or be held under any Archbishop or Bishop or other Ecclesiastical Person, then and in such Case on the Production by the said Tenant or Lessee to the said Archbishop or Bishop or other Ecclesiastical Person of the said Notice or Certificate so delivered by the said Commissioners as aforesaid, specifying the Amount of such annual Rent to be reserved and made payable in and by the said Deed of Conveyance, and specifying the Amount of Purchase Money to be paid for such Purchase as aforesaid, and upon Production of such Receipt of the said Cashier or Cashiers for such Purchase Money as aforesaid, such Archbishop or Bishop or other Ecclesiastical Person shall and he and they is and are hereby required and directed to execute, seal, and deliver a Deed of Conveyance of the Fee Simple and Inheritance of the said Lands and Premises to such Tenant or Lessee, when the same shall be tendered for Execution, subject to the annual Rent so ascertained as aforesaid; and if such Archbishop or Bishop or other Ecclesiastical Person shall, on the Production of such Notice or Certificate and Receipt as aforesaid, refuse or neglect to execute such Deed of Conveyance when tendered for Execution as aforesaid, for the Space of Two Calendar Months after such Tender shall have been made as aforesaid, then, upon satisfactory Proof being made to the said Commissioners of such Refusal or Neglect, by Affidavit to be sworn before any Judge, Surrogate, Vicar General, Master or Master Extraordinary in Chancery, or Justice of the Peace, which Affidavit or Oath they are hereby respectively empowered to take or administer, or upon Oath of a credible Witness to be examined by the said Commissioners, it shall and may be lawful for the said Commissioners, and they are hereby empowered and required, to execute, seal, and deliver the said Deed or Deeds of Conveyance in the Name of and on behalf of the said Archbishop or Bishop or other Ecclesiastical Person so refusing or neglecting to execute the same as aforesaid, and to affix the Corporate Seal of the said Commissioners to such Deed or Deeds, and to certify the Cause of their so executing the same by Writing at the Foot of or on the Back of the said Deed or Deeds; and such Execution of the said Deed or Deeds by the said Commissioners shall be as valid and effectual, to all Intents and Purposes whatsoever, as if the said Deed or Deeds had been duly executed by the said Archbishop or Bishop or other Ecclesiastical Person, in pursuance of this Act.