Church Temporalities Act 1860

Empowering the Renewal of Leases of Lands, &c. disappropriated from Ecclesiastical Dignities.

XX. In all Cases, where Tithes or Portions of Tithes heretofore held jointly with Lands by Leases, renewed from Time to Time, and now in full Force and Effect, and which have been shall at any Time hereafter under the Provisions of any Acts be disappropriated and united in the whole or in part to any Rectory, Vicarage, Incumbency, or Perpetual Curacy, or transferred to the said Ecclesiastical Commissioners for Ireland, it shall and may be lawful for the Incumbent of such Parish or Benefice to which said Tithes and Lands so disappropriated have been or shall be united, and for the Ecclesiastical Commissioners for Ireland, and he and they are hereby required, on the Application of the respective Lessees, Assignees, or Tenants of such Tithes, and Lands, Tenements, or Hereditaments, to accept a Surrender of the subsisting Lease of the same, and to demise anew the said Tithes and Lands, Tenements, or Hereditaments therein comprised for such like Term or Interest as shall have been granted therein by the Lease so surrendered, or as the Archbishop, Bishop or other Ecclesiastical Person who formerly held the same, shall have had the Power of granting or demising previously to such Disappropriation, reserving by such new Lease the annual Rent or Rents theretofore reserved out of said Tithes, Lands, Tenements, or Hereditaments by the Lease so surrendered, and receiving for and in consideration of making such new Lease Payment of such Fine as may be equal to the average Amount of Renewal Fines theretofore paid or payable for the Renewal of the Lease or Interest in such Tithes, Lands, Tenements, or Hereditaments; such annual Rent or Rents and average Amount of Renewal Fines to be ascertained by such and the like Means as by the said recited Acts provided in Cases of Renewals made by the said Ecclesiastical Commissioners for Ireland of Leases of Lands theretofore belonging to a Bishopric, and subject to the like Provisions, Restrictions, and Limitations as in the said Acts contained in relation to such last-mentioned Renewals of Lands by said Commissioners; and it shall and may be lawful for the respective Tenants, Lessees, or Under-tenants of any such Tithes, Lands, Tenements, or Hereditaments so disappropriated to apply to the Incumbent of the Benefice to which same shall have been so united, and also to the Ecclesiastical Commissioners for Ireland, for the Purchase of a Perpetual Estate or Interest in any such Tithes, Lands, Tenements, or Hereditaments theretofore leased, in like Manner as such Tenants, Lessees, or Under-tenants respectively could or might have applied to the Bishop of the Diocese and to the Ecclesiastical Commissioners, by virtue of the said Acts relating to Temporalities of the Church in Ireland, or any of them, in Cases of Lands, Tenements, or Hereditaments; and in case of such Application, all such and the like Proceedings shall be had for the Purchase of a Perpetual Estate and Interest in such Tithes, Lands, Tenements, or Hereditaments so disappropriated as aforesaid as by the said Acts, or any of them, are prescribed in case of an Application for the Purchase of the Fee Simple and Inheritance of and in any Lands belonging to any Bishopric, save that in such Case the Incumbent of the respective Benefices to which such Tithes, Lands, Tenements, or Hereditaments shall have been so united shall, in all such Proceedings, be substituted for and in the Place of the Bishop of the Diocese from which said Tithes, Lands, Tenements, or Hereditaments shall have been disappropriated.