Church Temporalities Act, 1833

Provision for Cases of incapacitated Persons and those under Disability.

Definition of Terms in this Act.

CLIX. And be it further enacted, That for the Purpose of raising such Purchase Money or Contribution Money in respect of such Purchase as aforesaid, it shall and may be lawful for all Bodies Politic, Corporate, and Collegiate, Corporations Aggregate or Sole, and all Guilds, Fraternities, and Brotherhoods, whether Corporate or not Corporate, and all Trustees for Charities or other public Purposes, and all Joint Stock Companies, who are or shall be possessed of any Estate or Interest in any such Lands or Premises belonging to the See or other Spiritual Promotion or Dignity of any Archbishop or Bishop or other Ecclesiastical Persons, and also for any Committee or Curator of any Idiot or Lunatic, or of any Person non compos mentis, and for any Guardian of any Infant, or for any Person authorized to act for any incapacitated Person, (which Idiot, Lunatic, non compos mentis, Infant, or incapacitated Person shall be possessed of or entitled to any Estate or Interest in any of the said Lands and Premises,) in the same Manner as such Persons might have done if not under any Incapacity, and also for all Trustees of any such Lands and Premises on behalf of the Persons for whom they shall be Trustees, and also for all Persons having a limited Interest in possession in any of such Lands and Premises as Tenants for Life, or such like limited Estate, to contract or agree respectively as to the Amount of any Purchase Money or Contribution Money in respect of such Purchase to be paid as herein-before mentioned in respect of any such respective Lands and Premises, and to apply to or appear before any of the said Courts as Parties to any such Petition or Proceedings as herein-before mentioned, and to comply with and perform the Orders of any of the said Courts respecting any such Contribution Money or other Matters; and (for the Purpose of performing any such Order, or for raising any such Purchase Money or Contribution Money, or for doing or performing such other Matters or Things as shall in such respective Cases be necessary or proper under the Provisions of this Act) also to make or execute any such Sale or Mortgage of the Whole or a Portion of such respective Lands and Premises, or such respective Interests or Estates therein as shall be necessary or proper in each such Case; and also to agree for or cause to be reserved or recoverable out of such respective Lands and Premises, or such respective Estates or Interests, such additional annual Rent as aforesaid as may be necessary or proper under the Provisions of this Act, in lieu of Payment of any such Contribution Money; and also to make, do, or execute all other Matters, Acts, and Things necessary or proper for the due Performance of any of the said respective Acts, or for complying with the Provisions or executing the Powers hereof in any respect, as to any such Lands, in the same or in like Manner, as nearly as the Nature of each Case will admit, as fully and effectually, to all Intents and Purposes, and subject to all the same Rules and Regulations, as, under the Provisions hereof, any Person of full Age, being solely or absolutely possessed of or entitled for his own Use to any Lease of any such Lands, or any derivative Estate or Interest therein, might or could make, do, or execute the same or any of them under the Provisions of this Act; and that whenever in any of the Provisions of this Act relating to any such Lands, in describing any Tenant, Landlord, or other Person, a Word importing the Singular Number or the Masculine Gender only be used, the same shall be understood to include and be applied to several Persons as well as One Person, and Females as well as Males, and to such Bodies Politic, Corporate, or Collegiate as aforesaid, and to such Corporations Aggregate or Sole, Guilds, Fraternities, or Brotherhoods, Corporate or not Corporate, Trustees for Charities or other public Purposes, and Trustees for any Person or Persons, as well as to Individuals; and that the Word “Landlord” shall extend as well to any Person or Persons, Body Corporate, Politic, or Collegiate, or other Body of Persons entitled to receive any Rent out of any of such Lands and Premises, as to Persons usually or legally designated by such Word; and that the Word “Tenant” shall extend as well to any Person or Persons, Body Politic, Corporate, or Collegiate, or other Body of Persons, who shall be bound to pay any Rent out of any of such Lands and Premises, as to Persons usually or legally designated by such Word, unless in any of the foregoing Cases there be something in the Subject or Context repugnant to such Construction.