1870: 33 & 34 Victoria c.39: Ecclesiastical Patronage

1870: 33 & 34 Victoria c.39: An Act to facilitate transfers of Ecclesiastical Patronage in certain cases.

[1st August 1870.]

BE it 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:

[Provisions of 3 & 4 Vict. c. 113. s. 73., 4 & 5 Vict. c. 39. s. 22., 31 & 32 Vict c. 114. s. 12., to authorise transfer of any advowson.]

1. The powers and provisions contained in the seventy-third section of the Act of the third and fourth years of Her Majesty, chapter one hundred and thirteen, in the twenty-second section of the Act of the fourth and fifth years of Her Majesty, chapter thirty-nine, and in the twelfth section of the Act of the thirty-first and thirty-second years of Her Majesty, chapter one hundred and fourteen, shall be held to authorise the transfer, by the process and with the consents therein mentioned, of the ownership of any advowson or other right of patronage in any spiritual preferment, or any estate or interest in the same; provided always, that it shall appear to the Ecclesiastical Commissioners for England, and shall be so stated in the scheme submitted by them to Her Majesty in Council for effecting such transfer, that the same transfer will tend to make better provision for the cure of souls in the parish or district in or in respect of which the right of patronage or advowson arises or exists; and provided always, that such transfer may take effect as from or to any ecclesiastical corporation, aggregate or sole, notwithstanding any statute of mortmain.

Source: Public General Statutes, 1870.