Ecclesiastical Commissioners Act 1841

XXIII Exchanges of Advowsons may be made for the Purpose of Unions.

And be it enacted, That whenever it shall be made to appear to the Ecclesiastical Commissioners for England that it would be expedient to make an Exchange of an Advowson, or of any Right of Patronage, for any other Advowson or Right of Patronage, with a view to Proceedings being taken for the Union of Two or more Benefices under the Provisions of the said [1 & 2 Vict. c. 106. s. 16.] Act passed in the Second Year of Her present Majesty's Reign, it shall be lawful for the said Commissioners, with the Consent of the Patron or Patrons of every such Advowson or Right of Patronage, and also, in case any such Advowson or Right of Patronage shall be vested in or belong to any-Ecclesiastical Corporation Aggregate or Sole, with the Consent of the Bishop of the Diocese, or in the Case of Benefices lying in more than One Diocese then with the Consent of the Bishop of each Diocese, and where a Bishop shall be himself one of the Patrons with the Consent of the Archbishop of the Province, to certify the same to such Archbishop; and that thereupon, if the said Archbishop shall think fit, Proceedings may be taken, under and in pursuance of the Provisions of the said last-mentioned Act, for effecting the Union of such Benefices; and the said Archbishop, at the same Time that he shall certify to Her Majesty in Council the Inquiry and Consent referred to in the same Act, shall transmit such Certificate of the said Commissioners to Her Majesty in Council, together with an Abstract of the Title to any Advowson or Right of Patronage mentioned in the Certificate of the said Commissioners, other than Advowsons or Rights of Patronage belonging to any such Ecclesiastical Corporation as aforesaid, and the Opinion of Counsel on such Title; and that thereupon it shall be lawful for Her Majesty in Council, in any Order for such Licence made and issued under the Provisions of the same Act, to order that such Exchange as aforesaid shall take effect; and upon such Order being made and registered pursuant to the said Act the said Exchange shall be valid and effectual, without any other Assurance in the Law, and notwithstanding that the Advowsons or Rights of Patronage, or any or either of them, exchanged by virtue of the said Order, were or was previously thereto vested in or belonged to any such Ecclesiastical Corporation as aforesaid; and the respective Exchangees, their Heirs, Appointees, Successors, and Assigns, shall thenceforth stand seised of the Advowsons or Rights of Patronage so taken in Exchange, in the same Manner, to all Intents and Purposes, and subject to the same Trusts, Powers, Limitations, Charges, and Incumbrances (if any), as the Advowsons on Rights of Patronage by them given in Exchange were respectively held and were subject.