A

BILL

[AS AMENDED IN COMMITTEE AND ON CONSIDERATION OF BILL AS AMENDED]

INTITULED

An Act to continue and amend an Act to facilitate the Management and Improvement of Episcopal and Capitular Estates in England.

[Note.-The Clauses marked A. to F. were added in the Committee, and the Clause marked G. on Consideration of Bill as amended.]

W

HEREAS the Act of the Fourteenth and Fifteenth Years Preamble. of Her present Majesty, Chapter One hundred and four, was limited to Three Years from the End of the then Session of Parliament, and it is expedient to continue and amend the 5 same Act: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I. The said Act, as amended by this Act, shall continue in force 14 & 15 Vict. 10 for Two Years from the End of the present Session of Parliament.

c. 104. continued.

II. The Powers and Provisions contained in the Second Section of On Sale or the said Act shall extend to all Cases in which, on the Sale, Exchange, Part of Exchange of or Enfranchisement, under the Authority of the said Act or of this Lands, &c. Act, of a Part only of any Lands or other Hereditaments comprised comprised in any Lease, 15 in any Lease or Copy of Court Roll, the Church Estates Commis- Rent may be sioners may deem it expedient to apportion the Rent reserved by or apportioned. [Bill 269.]

Trustees of

Will or Settlement may raise Money

for Enfranchisement.

CLAUSE A. Arbitrators may be named.

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Episcopal and Capitular Estates Management, 1854.

payable under the Lease or Grant to the Ecclesiastical Corporation by whom such Lease or Grant may have been made.

III. In any Case in which the legal Estate and Interest under any Lease or Grant made by any such Ecclesiastical Corporation may be vested in any Person or Persons in trust for any other Person 5 or Persons, according to the Limitations of any Will or Settlement, where such Will or Settlement contains a Direction or Power to such Trustees to raise Money for the Purpose of procuring a Renewal of such Lease or Grant, it shall be lawful for the same Trustees to raise Money for the Purpose of purchasing the Reversion of or other- 10 wise enfranchising the Property comprised in such Lease or Grant, in the same Manner, and subject to the same Conditions, mutatis mutandis, so far as the same may be applicable to the Case, as may be specified in such Will or Settlement with reference to the raising of Money for the Purpose of renewing such Lease or Grant.

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IV. In every Case where a Treaty shall have been entered into, under the Provisions of this Act, for the Sale, Purchase, or Exchange of any Episcopal or Capitular Estate in England, or of any Interest in such Estate, it shall be lawful, by the Consent of both Parties to such Treaty, and with the Approbation of the Church Estates Com- 20 missioners, to refer to Arbitration the Finding of the annual Value of such Estate, and of the Value of the Fee Simple thereof, or either of such Values, subject to the Exceptions and Reservations, if any, to be excepted and reserved thereout, and that such Finding shall be adopted in computing the Terms of such Sale, Purchase, or Exchange, 25 regard being had, in the final Settlement of such Terms in every such Case, to the just and reasonable Claims of the present Holders of Land under Lease or otherwise, arising from the long-continued Practice of Renewal, and that in every such Case One Arbitrator shall be appointed by the Church Estates Commissioners, and One 30 by the Lessee or intending Purchaser, and the Two Arbitrators so appointed shall, before they proceed in the Matter referred to them, appoint an Umpire or Third Arbitrator, and the Proceedings upon such Arbitration shall be conducted in like Manner, and subject to the same Rules and Enactments, as upon a Reference made by Con- 35 sent upon a Rule of Court or Judge's Order: Provided always, that i it shall be lawful for the Parties to such Treaty to appoint One and the same Person to act as sole Arbitrator; and in such Case the Valuations, Acts, and Award of such Arbitrator shall have the same Effect as Valuations, Acts, and Award of the Arbitrators and Umpire 40 under the Provisions herein contained; and in every Case the Costs of such Arbitration and Award shall be in the Discretion of the said Arbitrators or Umpire, as the Case may be.

V.. Not

Episcopal and Capitular Estates Management, 1854.

3

holder's

ascertained.

V. Notwithstanding anything to the contrary contained in or to CLAUSE B. be implied from the said recited Act, or in the "Copyhold Act, How Copy1852," or in an Act of the Sixteenth and Seventeenth Years of Her Right of Represent Majesty, intituled "An Act to explain and amend the Copy- newal to be 5 hold Acts," whenever a Right of Renewal of any Lands held for a Life or Lives or for Years by Copy of Court Roll from or under any Ecclesiastical Corporation shall be disputed by such Ecclesiastical Corporation or by the Church Estates Commissioners, or whenever the Person or Persons claiming to be interested in any such Lands 10 shall be desirous of having the Right of Renewal decided by a competent Tribunal, then and in either of the said Cases it shall be lawful for such Person or Persons to cause an Action to be brought in any of Her Majesty's Superior Courts of Law at Westminster, in which Action such Person or Persons shall be the Plaintiff or 15 Plaintiffs, and the Church Estates Commissioners, together with the Ecclesiastical Corporation from or under whom such Copyhold or Customary Lands shall be held, shall be the Defendants, and in which Action the Plaintiff or Plaintiffs shall deliver a feigned Issue whereby such disputed Right may be tried, and shall proceed 20 to a Trial at Law of such Issue at the Sittings after the Term or at the Assizes then next or next but one after such Action shall have been commenced, to be holden for the County within which the Lands, or the greater Part thereof, are situated, with Liberty, nevertheless, for the Court in which the same shall have been commenced, or any 25 Judge of any One of Her Majesty's Courts of Law at Westminster, to extend the Time for going to Trial therein, or to direct the Trial to be in another County, if it shall seem fit to such Court or Judge so to do, and the Defendants in any such Action shall enter an Appearance thereto, and accept such Issue; but in case the Parties shall 30 differ as to the Form of such Issue, or in case the Defendants shall fail to enter such Appearance or accept such Issue, then the same shall be settled under the Direction of the Court in which the Action shall be brought, or by any Judge of One of Her Majesty's Courts of Law at Westminster, and the Plaintiff or Plaintiffs may proceed thereon 35 in like Manner as if the Defendants had appeared and accepted such Issue; and the Parties in such Action shall produce to each other, their respective Attornies or Counsel, at such Time as any Judge may order, before Trial, and also to the Court and Jury, upon the Trial of any such Issue, all Books, Deeds, Court Rolls, Papers, and 40 Writings, Terriers, Maps, Plans, and Surveys, relating to the Matters in issue, in their respective Custody or Power; and it shall be lawful for the Judge by whom any such Action shall be tried, if he shall think fit, to direct the Jury to find a Verdict, subject to the Opinion of the Court upon a Special Case; and the Verdict which shall be given 45 in any such Action, or the Judgment of the Court upon the Case

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Episcopal and Capitular Estates Management, 1854.

subject to which the same may be given, shall be final and binding upon
all Parties thereto, unless the Court wherein such Action shall be
brought shall set aside such Verdict, and order a new Trial to be had
therein, which it shall be lawful for the said Court to do if it shall
see fit: Provided always, that after such Verdict given, and not set 5
aside by the Court, or after such Decision of the Court, the said
Ecclesiastical Corporation and the Church Estates Commissioners
shall be bound by such Verdict or Decision; and the Costs of every
Action, and of obtaining a Decision thereon, shall be in the Discretion
of the Court in or by which the same shall be decided, which may 10
order the same to be taxed by the proper Officer of the Court, and
the like Execution may be had for the same as if such Costs had
been recovered upon a Judgment of Record of the said Court: Pro-
vided also, that in every Case in which the Costs or any Part of
the Costs of or incident to any Action to be brought under the 15
Provisions of this Act shall become payable by the Defendant in
such Action, it shall be lawful for the Church Estates Commissioners
and they are hereby required to pay such Costs out of any surplus
Monies coming or which have come or may come to their Hands
in respect of the Estates of such Corporation, under the Provisions 20
of the said recited Act or this Act.

VI. The Provisions contained in the Sixth Section of the said Act, relative to the Investment and Application of the Monies which are to be paid into the Bank of England as thereby directed, shall be subject to the following Provisions; that is to say, the Provisions contained 25 in the Eighth Section of the said Act which direct the Church Estates Commissioners to require certain Payments to be made to them by or on behalf of Persons being Ecclesiastical Corporations Sole or Members of the Ecclesiastical Corporation Aggregate shall be extended so as to authorize and require the same Commissioners to 30 apportion every Sum of Money paid or to be paid into the Bank of England under the Provisions of the said Act or of this Act so as to set apart for the permanent Endowment of such Corporation Sole or Aggregate a Share of such Sum of Money sufficient to secure to such Corporation a permanent net Income equal to that which, if the said 35 Act or this Act had not been passed, would have been received by such Corporation from the Property by the Enfranchisement whereof such Money was produced; and the Church Estates Commissioners shall pay over the Remainder of such Sum of Money to the Common Fund of the Ecclesiastical Commissioners for England.

VII. The foregoing Provisions relative to the Apportionment of Monies between the Church Estates Commissioners and Ecclesiastical Corporations, and to the Application thereof, shall be construed to

relate

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