Church Temporalities Act, 1836

Provisions of recited Acts explained in respect of Tithes, &c. disappropriated from Dignities, &c.

XXVII. ‘ And whereas by the said recited Act of the Third and Fourth Years of His present Majesty’s Reign, as the same is amended by the said Act of the Fourth and Fifth Years of His Majesty’s Reign, Authority is given to the said Lord Lieutenant or other Chief Governor or Governors and Council, on the next Avoidance of any Archbishoprick, Bishoprick, Deanery, Archdeanery, Dignity, Prebend, or Canonry, or with the Consent of the Incumbent thereof, to disappropriate, disunite, and divest from and out of the same any Rectory, Vicarage, Tithes or Portion of Tithes, and Glebes or Part or Parts thereof, and to unite any such Rectory, Vicarage, Tithes or Portion of Tithes, or Glebes or Part thereof, to the Vicarages or Perpetual or other Curacies of such Parishes respectively, or to any adjoining or neighbouring Rectory, Vicarage, or Curacy, or to erect the same into a distinct Parish or Benefice: And whereas Difficulties have arisen in carrying the Provisions of the said Acts into effect by reason of the Existence of Leases of Tithes or Portions of Tithes and Lands, sometimes included in one and the same Demise, and sometimes situate in or arising out of several Parishes, and Doubts have arisen whether the said Provisions extend to Mensal or Demesne Lands;’ for Remedy whereof be it enacted, That the said Provisions shall be deemed and taken to extend to and comprise all and every Tithes or Portions of Tithes, whether under Lease or otherwise, and all Lands, Mensal, Demesne, or otherwise, belonging or appertaining or anywise held or enjoyed in right of any Archbishoprick, Bishoprick, Deanery, Archdeaconry, Dignity, Prebend, or Canonry, whether such Tithes or Lands shall arise out of or be situate in One or more Parishes.