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Section 2 with certain consents. Value of the land to be ascertained. If above 100l. other lands to be conveyed in exchange. Application of the money if under that value.C1

United Kingdom

Provided always, that in case of any spiritual person, being a corporation sole, the consent of the lord bishop of the diocese or ordinary, and of the patron of the living held by such corporation sole, shall be testified by their being parties to the alienation of the said land; and that previously thereto thevalue of such land shall be ascertained, and, together with a description thereof, be committed to writing by some competent person, to be named and appointed by the ordinary; which person so appointed shall verify the same on oath before some one of his Majesty’s justices of the peace F1..., which oath the said justice is hereby empowered to administer; and in case the value shall appear to exceed one hundred pounds, that other lands, of at least an equal value, estimated and verified in manner aforesaid, shall be well and legally conveyed to and for the same uses as the lands conveyed by the said spiritual persons or corporations sole, and as the consideration thereof; and in case the value shall appear not to amount to one hundred pounds but shall exceed twenty pounds, such value shall be paid to the F2Church Commissioners, to be by them used and applied for the benefit of such spiritual person or corporation sole, in the same manner as they are now empowered by law to use and apply other sums of money coming into their hands; and in case the value shall not amount to twenty pounds, the said value shall be paid in money to such spiritual person or corporation sole, to be by him applied at his own discretion.

Annotations

Textual amendments

F1

Words in s. 2 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 6, Sch. 10; S.I. 2005/910, art. 3(y)

F2

Words substituted for reference to governors of Queen Anne's Bounty by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

Modifications

C1

S. 2 amended (E.) (1.4.1996) by S.I. 1996/674, regs. 1(2), 2, Sch. Pt. II para. 5(2)(d)

S. 2 amended (W.) (1.4.1996) by S.I. 1996/675, arts. 1(2), 2, Sch. Pt. II para. 7(2)(d)