Glebe Act, 1851

Power to grant a Commission to view and examine Buildings and Improvements made, &c.

Power to administer Oath to Commissioners to return true Account, &c.

Power to grant Commission to make a Survey and Valuation of Buildings, &c. previous to the said Inquiry.

III. That the Person or Persons empowered to grant the Certificate of Charge herein-after mentioned shall, at the Request in Writing of any such Ecclesiastical Person who shall have so undertaken any such Buildings or Improvements, in pursuance of a Memorial presented and approved of as aforesaid, or of his personal Representatives, within Twelve Calendar Months after the Completion of said Buildings or Improvements, or, in case of incomplete Buildings or Improvements, within Twelve Calendar Months after the Death or Avoidance of such Ecclesiastical Person, and not later, unless on good and sufficient Reasons appearing to the contrary, and stated in the Commission herein-after mentioned, grant a Commission to Three or more Persons, One of whom shall be a competent Architect, to view and examine such Buildings or Improvements so erected or made as aforesaid, or left incomplete by reason of the Death or Avoidance of such Ecclesiastical Person, and to administer or cause to be administered to the said Commissioners an Oath to return a true and faithful Account and Estimate of the Value of the said Buildings or Improvements so erected or made, and also of the clear yearly Income of the See, Benefice, or Preferment of such Ecclesiastical Person, to be estimated in manner herein-after mentioned, and to report whether the said Buildings or Improvements is or are in conformity with the Terms of the Memorial presented and approved of in that Behalf, and in what respect, if any, the said House, Building, or Improvement varies therefrom, and whether or not the said House, Building, or Improvement is or are of a substantial and suitable Character, and fit and convenient for the Residence of such Ecclesiastical Person and his Successors, to the best of their Skill and Knowledge; and it shall be lawful for any One or more Person or Persons, being a Justice or Justices of the Peace for the County in which such Residence is situate, to administer such Oath to said Commissioners, which Oath shall be administered accordingly; and in case any Ecclesiastical Person shall, in pursuance of any such Memorial and Approval as aforesaid, have commenced any of such Buildings or Improvements, but shall have died or otherwise avoided his See, Benefice, or Preferment before he shall have completed the same, the Person or Persons granting such Commission shall insert a Clause therein authorizing the said Commissioners to return a just and faithful Account and Estimate of what Sum or Sums of Money shall be necessary to expend in completing such Buildings or Improvements agreeably to such Memorial, so as to render the same fit and convenient for the Residence of the Successors of such Ecclesiastical Person, according to the best of their Skill and Knowledge, and to administer or cause to be administered to such Commissioners an Oath to the Effect last aforesaid in manner aforesaid; and it shall be lawful for the Person or Persons granting such Commission to appoint, if he or they shall so think fit, a competent Builder or Tradesman to make a Survey and Valuation of the said Buildings or Improvements at or previous to the said Inquiry, and to attend and assist the said Commissioners by his Evidence or otherwise, and for the said Person or Persons to direct and determine finally such reasonable Remuneration for such the Services of the said Builder or Tradesman, to be paid by the Person or Persons requiring the said Commission, as to the Person or Persons granting same shall seem fit; and the said Commissioners shall have Power to examine Witnesses on Oath upon any Article of Account given in and alleged to have been expended on the Buildings or Improvements aforesaid, and upon all other Matters connected with the Subject of the said Inquiry, with a view to their forming a correct Estimate of the Value of the said Buildings or Improvements, and the Sum necessary for their Completion; and the said Commissioners shall diligently inquire into and truly report in Writing upon the several Matters directed by the said Commission to be inquired into.