Irish Church Act, 1869

Power to Commissioners to sell property vested in them by this Act.

23 & 24 Vict. c. 153.

34. The Commissioners may at any time sell by public auction or private contract, or otherwise convert into money, any real or personal property vested in them by this Act, subject to the other provisions of this Act, and to the following conditions:

(1.) They shall not sell to the public any perpetual yearly rent issuing out of any land, or any right to mines or quarries in any land, where the fee simple of the land subject to such rent or right is vested in some person other than the Commissioners, until they have given notice to the owner of such land that they are willing to sell the same to him at the price herein-after mentioned, and the owner has declined to accept their offer:

(2.) Perpetuity rents shall be offered to the owner of the land out of which they issue at a capital sum equal to twenty-five times the annual amount of such rents:

(3.) The price of the rights to mines or quarries shall be fixed by the Commissioners by order:

(4.) They shall not sell to the public the fee simple of any land in which any archbishop, bishop, or person holding any such benefice or cathedral preferment as aforesaid has a life interest during the continuance of such life interest:

(5.) They shall not sell to the public the fee simple of any land which is held immediately from or under the Commissioners by virtue of any lease or tenancy, until they have given notice to the lessee or tenant that they are willing to sell the fee simple to him for a price to be named by the Commissioners in such notice, and such lessee or tenant has declined to accept their offer; . . .

(6.) Notice shall be given to the owner, where such owner is known to the Commissioners, by sending by post a letter containing the terms of the offer addressed to him at his last known place of abode; where he is not known, notice may be given by advertising the terms in the Dublin Gazette, and in one or more local newspapers as the Commissioners may determine:

(7.) An owner shall be deemed to have declined to accept the offer of the Commissioners if he do not accept the same in writing, and pay or secure tho purchase money to the Commissioners within three months after the giving of such notice as aforesaid:

(8.) “ Owner of land ” for the purposes of this section shall include a “ limited owner ” as defined by the Landed Property (Ireland) Improvement Act, 1860; and any limited owner may raise the money required for any purchase under this section, or any part thereof, by mortgage (at a rate of interest not exceeding five pounds per centum per annum) of the land of which he is such limited owner as aforesaid.

Any person purchasing from the Commissioners shall hold the lands, tenements, and hereditaments purchased by him subject to all tenants rights of renewal to which the same were subject in the hands of the Commissioners at the time of such sale.