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Sequestration Act 1849
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[1] Sequestrator enabled to sue in his own name for tithes, rent, &c. due to incumbent of the benefice sequestered. Nothing to empower sequestrator to bring or take actions except against incumbent, &c. Sequestrator may require indemnity from the creditor, at whose suit the sequestration shall issue.E
[F1Every sequestrator of an ecclesiastical benefice], may and is hereby authorized and empowered, from time to time, to bring and prosecute any action at law or suit in equity or [F2exercise the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery)], or take any other proceeding, in his own name as the sequestrator of such benefice, without further description, for the recovery of any tithes, tithe rent-charge, tithe composition or substitution, obvention, pension, portion, or other payment for or in the nature or in lieu of tithe, or any other rent or annual sum, dues, or fees payable to the incumbent of such benefice, or of any messuages, lands, tenements, or hereditaments subject to such sequestration, or of any rent due or payment reserved or made payable to the incumbent of such benefice under any lease of or covenant or agreement to let any such messuages, lands, tenements, or hereditaments, tithes, tithe rent-charge, or other parcel of the benefice to which the [F3sequestration] relates: Provided always, that nothing herein contained shall be construed to empower the sequestrator of any benefice to bring, prosecute, F4..., or take any action, suit, F4..., or other proceeding, by virtue of this Act, except against the incumbent of such benefice, which might not lawfully have been brought, prosecuted, F5..., or taken by the incumbent of such benefice, if such benefice had not been under sequestration: F6...
Textual Amendments
F1Words in s. 1 expressed to be inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 2(a); Instrument made by Archbishops of Canterbury and York dated 27.5.1992.
F2Words in s. 1 substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 12(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F3Word in s. 1 expressed to be inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 2(b); Instrument made by Archbishops of Canterbury and York dated 27.5.1992.
F4Words in s. 1 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 12(3), Sch. 23 Pt. 4 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F5Word in s. 1 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 12(4), Sch. 23 Pt. 4 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6Words in s. 1 repealed (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(2), Sch. 4 Pt.II; Instrument made by Archbishops of Canterbury and York dated 27.5.1992
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