First Fruits and Tenths Measure 1926 (repealed 5.11.1993)

First Fruits and Tenths Measure 1926

1926 No. 5 16 and 17 Geo 5

A Measure passed by the National Assembly of the Church of England To provide for the extinguishment or redemption of first fruits and tenths.

[15th July 1926]

1 Short title. U.K.

This Measure may be cited as the First Fruits and Tenths Measure 1926.

2 Extinguishment of certain first fruits and tenths. U.K.

As from the appointed day, all first fruits and tenths and sums in lieu of first fruits or tenths payable to Queen Anne’s Bounty, by an archbishop, bishop, dean, or archdeacon, or by the sub-chanter, custos, vicars choral or minor canons of a cathedral church, or by the holder of a prebend in the patronage of a bishop in right of his see or in the patronage of a dean and chapter, or by the incumbent of a benefice, in respect of their several dignities or preferments, or by the dean and chapter of any cathedral church, or by the Ecclesiastical Commissioners, and also the first fruits and tenths specified in the First Schedule to this Measure, shall cease to be payable: Provided that nothing in this Measure shall affect first fruits (whether secured by bond or not) which have become chargeable in respect of an appointment made before the appointed day, or tenths or annual sums payable in lieu of first fruits or tenths which have fallen due before that day.

3 Determination of appointed day or days. U.K.

(1) The appointed day shall be such day subsequent to the passing of this Measure as the Archbishops of Canterbury and York by writing under their respective hands and archiepiscopal seals shall jointly determine: Provided that the said Archbishops may, if they think fit, determine two appointed days, namely, one day in respect of first fruits and tenths and sums in lieu of first fruits and tenths payable by an archbishop or by a bishop, and the other in respect of the remainder of the first fruits and tenths and sums in lieu of first fruits or tenths mentioned in section two of this Measure.

(2) The determination of the appointed day or days under this section shall be notified by advertisement in the “London Gazette.”

Modifications etc. (not altering text)

C1 16.7.1926 appointed under s. 3(1) for all purposes

4 Annexation or suppression of sinecure rectories or prebends. U.K.

If after the appointed day a sinecure rectory or a prebend not discharged from first fruits or tenths by virtue of this Measure shall be permanently annexed to a benefice, or to an office or dignity, which by this Measure or otherwise is discharged from the payment of first fruits or tenths, or shall be suppressed, the same rectory or prebend and the possessions thereof shall as from the date of annexation or suppression be absolutely discharged from the payment of first fruits or tenths to [F1 the Church Commissioners].

Textual Amendments

F1 Words substituted 1.4.1948 (for Queen Anne's Bounty) by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

5 Redemption of first fruits and tenths not extinguished by the Measure. U.K.

It shall be lawful for [F2 the Church Commissioners], to accept such sum as they may determine for the redemption of any first fruits or tenths not extinguished by virtue of this Measure, and on payment to the Treasurer of [F2 the Church Commissioners] of the sum so determined he shall certify that the first fruits or tenths have been redeemed, and that certificate shall be final and conclusive.

Textual Amendments

F2 Words substituted 1.4.1948 (for Queen Anne's Bounty) by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

6 Repeal. U.K.

As from the appointed day, or, if two appointed days are determined under section three of this Measure, as from the last in order of date of such appointed days, the Acts mentioned in the Second Schedule to this Measure shall be repealed to the extent appearing in the third column of the Second Schedule: Provided that as regards any first fruits or tenths not extinguished by virtue of this Measure such repeal shall not affect any right of [F3 the Church Commissioners], or of any other corporation or person, to such first fruits or tenths, or to any remedy or proceeding in respect thereof, or prevent any such Act from being put in force for the collection or recovery thereof, or otherwise in relation thereto.

Textual Amendments

F3 Words substituted 1.4.1948 (for Queen Anne's Bounty) by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

SCHEDULES

FIRST SCHEDULE U.K.

All first fruits and tenths payable by the Vice-Chancellor of the University of Cambridge.

All first fruits and tenths payable by the Chancellor, Masters and Scholars of the University of Cambridge under the provisions of the M1 Somersham Rectory Act 1882.

Marginal Citations

M1 1882 c. 81.

All first fruits and tenths payable in respect of the Rectory of Terrington in the county of Norfolk by the Lady Margaret’s Professor of Divinity in the said University of Cambridge.

F4 F4 SECOND SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 repealed by Statute Law Revision Act 1950 (c. 6)