Glebe Act, 1851

Ordinary may direct Residence to be built.

XVI. That every Archdeacon, Dean, Dignitary, Prebendary, Rector, Vicar, Perpetual or Impropriate Curate, having actual Cure of Souls, and admitted into any One or more Benefice or Benefices or other Ecclesiastical Preferments, which, either singly or jointly, produce a clear yearly Income of One hundred Pounds or upwards, and having no House of Residence thereon fit and convenient for the Residence of said Ecclesiastical Person and his Successors, but having upon any One of said Benefices or Preferments, or being for that Purpose lawfully endowed with, such Portion of Glebe or Mensal Lands within or adjacent to the said Benefice or Preferment as the Archbishop or Bishop of the Diocese shall judge fit and convenient for building thereon, shall, after he shall have been Three Years in possession of the said Benefice or Benefices or other Ecclesiastical Preferments, and within a Time certain, to be limited and appointed by the Archbishop or Bishop of the Diocese, build and improve upon such Glebe or Mensal Lands by erecting a suitable Dwelling House and Offices in conformity with a Memorial to be presented and approved of in manner aforesaid; and in case any such Ecclesiastical Person shall neglect or refuse to make such Building and Improvements within the Time so limited as aforesaid, it shall be lawful for the Archbishop or Bishop of the Diocese to sequester a Moiety of the Profits of such Benefice or Benefices or Preferments until a Sum not exceeding Two Years Income of such Benefice or Benefices or Preferments shall be received, to be laid out and expended in making said Improvements on the said Glebe or Mensal Lands as aforesaid, though such Ecclesiastical Person shall decline or omit to present a Memorial as aforesaid; and the said Ecclesiastical Person or his Representatives shall, upon the Completion of the said Buildings or Improvements during the Period of his Incumbency, or, in case of the same being left incomplete by reason of his Death or Avoidance, immediately thereafter, be entitled to demand and have a Certificate of Charge in respect of the said Building or Improvements completed or left incomplete for the like Amount, and of the like Nature and Effect in all respects, as if such Ecclesiastical Person had himself voluntarily undertaken such Buildings or Improvements; and in case the Incumbency of the said Ecclesiastical Person so declining shall determine before the said Buildings or Improvements shall have been commenced, or before the required Amount shall have been levied (in which latter Case it shall be lawful for the Bishop of the Diocese to require and enforce in like Manner the Contribution of the Balance necessary to complete the said Sum from the Successor or Successors of said Ecclesiastical Person), the Incumbent so avoiding, or his Representative, shall be entitled to a Certificate of Charge for the Amount actually levied during the Incumbency, after deducting the Expense of levying same; and the Successor, having paid the same, and the Balance aforesaid, or any Part thereof, shall be entitled to a Certificate of Charge for the entire Amount so paid of the like Nature and Effect as if the Charge were obtained in respect of Buildings voluntarily undertaken.