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the next Avoidance.

Lands suffi cient to afford the

secured to

each See.

all Rights of Patronage or Presentation and the Residences of the Archbishop or Bishop) shall become vested absolutely in the Ecclesiastical Commissioners for England, for the Purposes and subject to the Provisions applicable to other Hereditaments vested in the said Commissioners.

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III. As soon as conveniently may be after the Lands of a See have become vested in the Commissioners as aforesaid, an Arrangement net statutory shall be made for assigning to the Archbishop or Bishop of such Income to be See and his Successors, as an Endowment for the See, such of the Lands and Hereditaments then vested in the Ecclesiastical Commis- 10 sioners for England as in the Judgment of the Estates Committee of the said Ecclesiastical Commissioners may be convenient to be held as such Endowment, and will secure as nearly as may be a net annual Income equal to that named for the Archbishop or Bishop of the See by any Act of Parliament or Order in Council then in force, and 15 no more; and in the meantime, until such Endowment is so assigned, the Ecclesiastical Commissioners shall pay to the Archbishop or Bishop of the See the annual Income named for him as aforesaid, at the Times at which the same would have been payable if this Act had not been passed.

Like Arrangement

may be made before next

Avoidance,

on Request

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IV. In case any Archbishop or Bishop who may have succeeded on an Avoidance happening before the passing of this Act, and having an Income named as aforesaid, signify his Willingness to accept an Endowment for his See in Lands and Hereditaments, in lieu of his of the Bishop. Income, it shall be lawful to make the like Arrangement for that 25 Purpose as might have been made if the Lands of the See had become vested in the Commissioners as aforesaid, and upon such Arrangement being made all the Lands, Hereditaments, and Emoluments of or belonging to the See, except such as may be assigned under such Arrangement, and such Rights of Patronage or Presenta- 30 tion, and Residences as aforesaid, shall become vested absolutely in the said Ecclesiastical Commissioners.

The Endow

ment to be

V. When any Arrangement is made under this Act for the in lieu of the Endowment of a See the Lands and Hereditaments thereby asfixed Income. signed shall be the Endowment of the Archbishop or Bishop of the 35 See and his Successors, and shall be taken in lieu of the Income named as aforesaid.

Arrange

to be made.

VI. The Arrangements for the Purposes aforesaid shall be made by the Authority and in the Manner by and in which Arrangements for carrying into effect the Recommendations recited in the Act of 40

the

the Session holden in the Sixth and Seventh Years of King William the Fourth, Chapter Seventy-seven, may now be made.

VII. No Lands assigned or secured as the Endowment of any See Lands as under this Act shall be granted by the Archbishop or Bishop other signed as Endowments 5 wise than from Year to Year, or for a Term of Years in possession how to be not exceeding Twenty-one Years, at the best annual Rent that can be leased. reasonably gotten without Fine, the Lessee not to be made dispunishable for Waste, or exempted from Liability in respect of Waste; provided always, that it shall be lawful for the Archbishop or Bishop, 10 with the Approval of the Estates Committee of the Ecclesiastical Commissioners, testified under the Common Seal of the said Commissioners, which the said Committee are hereby empowered to affix to any Lease for this Purpose, from Time to Time to grant Mining or Building or other improving Leases of any such Lands, for such Con15 siderations, upon such Terms, and generally in such Manner as such Committee under the Circumstances of each Case may think fit, and it shall be lawful for such Committee to require that any Portion of the Rent reserved on any such Lease shall be payable to the said Ecclesiastical Commissioners.

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Estates Comthat Property

mittee to see

Endowment

dition.

VIII. The Estates Committee shall cause the Property assigned as an Endowment for any See as aforesaid to be inspected so often as they think fit, and shall cause Notice in Writing of all Dilapidations assigned as or Want of Repair found on such Inspection, and of the Repairs or is kept in Works necessary for remedying the same, to be given to the Arch- proper Con25 bishop or Bishop of such See, and such Archbishop or Bishop shall forthwith do or cause to be done, at his own Expense or at the Expense of his Lessecs or Tenants (as the Case may require), the Repairs or Works mentioned in such Notice; and if any Difference arise between such Archbishop or Bishop and the Estates 30 Committee with regard to the Condition of such Property, or the Repairs or Works required by the Estates Committee, the Matter in difference shall be referred to Arbitration as herein-after provided.

Estates

IX. The Estates Committee shall, as soon as conveniently may be, Chapter 35 prepare Forms of Account according to which Chapters of Cathedral Accounts to be kept in or Collegiate Churches in England shall, upon Requisition to that Form apEffect being made to them under the Common Seal of the said proved by Commissioners, which Seal the Estates Committee are hereby em- Committee. powered to affix to such Requisition, enter the Receipts, Expenditure, 40 and periodical Divisions of the Proceeds of their Capitular Endowments; and every Chapter shall cause to be delivered to the Estates Committee a Copy or Abstract of every such Account, verified in

Estates
Committee

may object
to Items of
Expenditure.

Chapters empowered with Commissioners Consent to borrow Money for Repair of Cathedrals.

3 & 4 Vict.

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such Manner as the Committee may require, as soon as conveniently may be after the Time of making up the Accounts.

X. The Estates Committee shall be entitled to require from every Chapter Information in detail as to any Item in any such Account as aforesaid, and may object to any Item which they may 5 think should not be payable or should not be wholly payable out of the Income or Funds of such Chapter; and if on any Objection being made to any Item by such Committee the Chapter do not agree to withdraw such Item from the Account or reduce the same, in pursuance of such Objection, the Matter in difference shall be referred 10 to Arbitration as herein-after provided.

XI. Whenever the Dean and Chapter of any Cathedral or Collegiate Church shall make it appear to the Ecclesiastical Commissioners for England that it would be expedient to lay out in the Reparation of the Fabric of their Church a Sum of Money exceeding 15 the annual Amount of the Fund primarily applicable to such Reparation, it shall be lawful, by the Authority and in manner herein provided in respect of Arrangements, to make Arrangements for the lending by the Governors of Queen Anne's Bounty, and for the borrowing and Repayment by the said Dean and Chapter, of such a 20 Sum as the said Commissioners shall, under the Circumstances, think suitable for such Purpose; and the Expenditure of the Money so to be borrowed shall be regulated in such Manner as shall be directed by the like Authority.

XII. And whereas by the Act of the Session holden in the Third 25 c. 113. s. 67. and Fourth Years of Her Majesty, Chapter One hundred and thirteen, Section Sixty-seven, it is provided, that, by Payments or Investments made out of the Common Fund of the Ecclesiastical Commissioners, or by means of an actual Conveyance and Assignment of Lands, Tithes, or other Hereditaments, vested or to be 30 vested in them as therein mentioned, or of a Portion thereof, additional Provision shall be made by the Authority therein provided for the Cure of Souls in Parishes where such Assistance is most required; provided always, that in making any such additional Provision out of any Tithes, or any Lands or other Hereditaments allotted or 35 assigned in lieu of Tithes so vested or to be vested in the said Commissioners, or out of the Rents and Profits thereof, due Consideration shall be had of the Wants and Circumstances of the Places in which such Tithes arise or have heretofore arisen:

Recited Provision extended to

In making additional Provision for the Cure of Souls under the said 40 Enactment out of any rectorial Glebe Lands vested in the said Glebe Land. Commissioners, or the Rents and Profits thereof, due Consideration

shall

shall be had of the Wants and Circumstances of the Places in which such Glebe Lands may be situate.

local Claims

of an Eccle

XIII. Where any Ecclesiastical Corporation Aggregate or Sole is in Provisions the Receipt of an Income fixed by Act of Parliament, and the Estates concerning 5 of such Corporation yield an annual Income greater than the Income to apply to so fixed, and a Portion of such annual Income arises out of Tithes, or Tithes, &c. any Lands or other Hereditaments assigned in lieu of Tithes, or siastical Corout of rectorial Glebe Lands, it shall be lawful for the Ecclesiastical poration having a Commissioners to make out of such Tithes, or Lands or Heredita- Revenue 10 ments assigned in lieu thereof, or Glebe Lands as aforesaid, or out exceeding its Statutory of the Rents and Profits thereof, such Provision as may seem to them Income. needful for the Cure of Souls in the Parish or Place in which such Tithes now arise or have arisen, or in which such Glebe Lands are situate, in the same Manner and to the same Extent in and to which 15 such Provision might be made if the said Tithes, or Lands and Hereditaments assigned in lieu of Tithes, or such Glebe Lands, were actually vested in the Commissioners.

to Places

XIV. In making additional Provision for the Cure of Souls under Preference Section Sixty-seven of the said Act of the Third and Fourth Years may be given 20 of Her Majesty, Preference may be given, if the said Commissioners where Consee fit, to those Places in respect of which Contributions from other tribution is Sources are made in aid of Grants out of the Common Fund, but this of Grant. Enactment shall not prejudice the Proviso at the End of the said Section, or the last Two preceding Sections of this Act.

25

made in aid

tration.

XV. Where by this Act it is provided that any Matter in diffe- Provision as rence shall be referred to Arbitration, the Reference of the Matter in to Arbidifference shall be made to Two Arbitrators, One to be appointed by each Party, and all the Provisions of "The Common Law Procedure Act, 1854," applicable in the Case of such an Arbitration, 30 shall apply accordingly; and for the Purpose of the Application of the said Act this Act shall be deemed the "Document" authorizing the Reference to Arbitration; and where any Matter is so referred, the Award of the Arbitrators or Umpire shall be final.

tinued until

XVI. And whereas an Act was passed in the Session holden 14& 15 Vict. 35 in the Fourteenth and Fifteenth Years of Her Majesty, Chapter c. 104. conOne hundred and four, "to facilitate the Management and Improve- 1st Jan. 1860. "ment of Episcopal and Capitular Estates in England," which Act was limited in Duration to Three Years from the End of the then Session of Parliament; and by the Act of the Session holden in the 40 Seventeenth and Eighteenth Years of Her Majesty, Chapter One hundred and sixteen, the said Act of the Fourteenth and Fifteenth

Power to
Corpora-
tions, with
Approval of

the Church

Estates Com

in possession

tions with

Lessees.

Years of Her Majesty was amended and continued, and, as so amended, has, by an Act of the Session holden in the Nineteenth and Twentieth Years of Her Majesty, Chapter Seventy-four, been further continued. for One Year from the End of the last Session of Parliament: And whereas it is expedient that said Act of the Fourteenth and Fifteenth 5 Years of Her Majesty, as amended as aforesaid, should be further continued and amended:

The said Act of the Fourteenth and Fifteenth Years of Her Majesty, as amended by the said Act of the Seventeenth and Eighteenth Years of Her Majesty and this Act, shall continue in force until 10 the First Day of January One thousand eight hundred and sixty, and until the End of the then next Session of Parliament.

XVII. Where it appears to the Church Estates Commissioners that Inconvenience is occasioned in the Negotiations between any Ecclesiastical Corporation Sole or Aggregate and its Lessees (in relation to 15 Property which it is now authorized to dispose of), by reason of its missioners, Disability to sell or exchange intermixed or other Lands held by to sell Lands such Corporation in possession, or for some other Estate which it is for facilitat- not now authorized to dispose of, it shall be lawful for such Eccleing Negotia-siastical Corporation, with the Approval in Writing of the said 20 Church Estates Commissioners, to sell any such Lands (whether of Freehold or Copyhold or Customary Tenure), or to exchange any such Lands for other Lands or any Estate or Interest therein; and all the Provisions of the said Act of the Fourteenth and Fifteenth Years of Her Majesty, as amended by the said Act of the Seven- 25 teenth and Eighteenth Years of Her Majesty and this Act, authorizing the receiving or paying of Money by way of Equality of Exchange, and concerning the Payment, Application, and Investment of any Money payable to or for the Benefit of any such Corporation on any such Sale, Exchange, or Enfranchisement as is mentioned in the 30 said Act of the Fourteenth and Fifteenth Years of Her Majesty, and all other the Provisions of the said Acts in anywise applicable for effectuating any such Sale, Exchange, or Enfranchisement, or in consequence thereof, shall, so far as the Nature of the Case may require, extend and be applicable to and in consequence of any Sale or 35 Exchange authorized by this Act.

Small Por tions of Land

newed for

XVIII. Where it appears to the Church Estates Commissioners that under Leases any such Ecclesiastical Corporation has been accustomed to renew usually rewithout Payment of any Fine, or for a nominal Fine, the Lease of the Purposes any Lands used for the Purposes of a School, or the Support or 40 of Schools, Maintenance thereof, it shall be lawful for such Corporation, with the Approval in Writing of the Church Estates Commissioners, or, where the Lands have become vested in the Ecclesiastical Commissioners,

may be conveyed absolutely with out Payment.

for

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