Places of Worship Sites Act 1873

1873 CHAPTER 50 36 and 37 Vict

An Act to afford further facilities for the Conveyance of Land for Sites for Places of Religious Worship and for Burial Places.

[21st July 1873]

Modifications etc. (not altering text)

C1 Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

C2 Act extended by Places of Worship Sites Amendment Act 1882 (c. 21)

C3 Act amended retrospectively by Reverter of Sites Act 1987 (c. 15, SIF 98:1), ss. 1(1), 7(1)

1 Landlords empowered to convey land to be used as sites for places of worship and residence of the minister. E+W

Any person or persons being seised or entitled in fee simple, fee tail, or for life or lives of or to any manor or lands of freehold tenure, and having the beneficial interest therein, and being in possession for the time being, may grant, convey, or enfranchise by way of gift, sale, or exchange in fee simple, or for any term of years, any quantity not exceeding one acre of such land, not being part of a demesne or pleasure ground attached to any mansion house, as a site for a church, chapel, meeting house, or other place of divine worship, or for the residence of a minister officiating in such place of worship or in any place of worship within one mile of such site, or for a burial place, or any number of such sites, provided that each such site does not exceed the extent of one acre:[If lands cease to be used for the purposes of the Act, then to revert.] Provided also, that no such grant, conveyance, or enfranchisement made by any person seised or entitled only for life or lives of or to any such manor or lands shall be valid unless the person next entitled to the same for a beneficial interest in remainder in fee simple or fee tail (if legally competent) shall be a party to and join in the same, or if such person be a minor . . . . . . F1 or [F2 person of unsound mind], unless the guardian . . . . . . F1 or committee of such person respectively shall in like manner concur: Provided also, that in case the said land so granted, conveyed, or enfranchised as aforesaid, or any part thereof, shall at any time be used for any purpose other than as a site for such place of worship or residence, or burial place, or in the case of a place of worship or residence, shall cease for a year at one time to be used as such place of worship or residence, the same shall thereupon revert to and become a portion of the lands from which the same was severed, as fully to all intents and purposes as if this Act had not been passed, anything herein contained to the contrary notwithstanding. The provisions herein-before contained with respect to any manor or lands of freehold tenure shall apply to lands of copyhold or customary tenure, but so, nevertheless, that the provisions of the M1 Lands Clauses Consolidation Act 1845 with respect to copyhold lands (being sections 95, 96, 97, and 98 of such Act) shall for the purposes of this enactment be incorporated with this Act.

Textual Amendments

F1 Words repealed by Law Reform (Married Women and Tortfeasors) Act 1935 (c. 30), Sch. 2

F2 Words substituted by Mental Treatment Act 1930 (c. 23), s. 20(5)

Modifications etc. (not altering text)

C4 Ss. 1, 3 excluded by Mental Health Act 1983 (c. 20, SIF 85), s. 113, Sch. 3

Marginal Citations

M1 1845 c. 18.

2 As to payment of purchase money, &c. E+W

The purchase money or enfranchisement money or money to be received for equality of exchange on any such sale, enfranchisement, or exchange shall, if such sale, enfranchisement, or exchange be made by any person or persons seised or entitled in fee simple or fee tail, be paid to the person or persons making such sale, enfranchisement, or exchange, but if such sale, enfranchisement, or exchange be made by any person or persons seised or entitled for life or lives only, then such purchase money, or enfranchisement money, or money to be received for equality of exchange, shall be paid to the existing trustees or trustee (if any) of the instrument under which such person or persons is or are so seised or entitled, to be held by them upon the trusts upon which the land conveyed for such site was held, or if there be no such existing trustees or trustee to two or more trustees to be nominated in writing by the person or persons making such sale, enfranchisement, or exchange; and the receipt of any person or persons to whom such money is hereby directed to be paid shall effectually discharge the person or persons paying such purchase or enfranchisement money or money for equality of exchange therefrom, and from all liability in respect of the application thereof; and the trustees so to be nominated as aforesaid shall invest such purchase or enfranchisement money or money to be received for equality of exchange in the purchase of other lands or hereditaments to be settled to the same uses and trusts as the land conveyed for such site should have stood limited to; and until such investment, such purchase or enfranchisement money or money to be received for equality of exchange [F3 shall be invested under the general power of investment in section 3 of the Trustee Act 2000], and for the purposes of devolution and enjoyment shall be treated as land subject to the same uses and trusts as the land conveyed for such site should have stood limited to.

Textual Amendments

F3 Words in s. 2 substituted (1.2.2001) by 2000 c. 29, s. 40(1), Sch. 2 Pt. II para. 3 (with s. 35); S.I. 2001/49, art. 2

3 Persons under disability empowered to convey lands for the purposes of the Act. E+W

Where any person or persons is or are equitably entitled to any manor or lands, but the legal estate therein shall be in some trustee or trustees, it shall be sufficient for such person or persons to convey or otherwise assure the same for the purposes of this Act without the trustee or trustees being party or parties to the conveyance or other assurance thereof, F4 ...; and where it is deemed expedient to purchase any land for the purposes aforesaid belonging to or vested in any infant, or person of unsound mind, such land may be conveyed or otherwise assured by the guardian of such infant or the committee of such person of unsound mind respectively, who may receive the purchase money for the same, and give valid and sufficient discharges to the party paying such purchase money, who shall not be required to see to the application thereof; and in every such case respectively the legal estate shall, by such conveyance or other assurance, vest in the trustees of such place of worship or residence; and if any land taken under this Act be subject to any rent, and part only of the land subject to any such rent be required to be taken for the purposes of this Act, the apportionment of such rent may be settled by agreement between the owner of such rent and the person or persons to whom the land is conveyed; and if such apportionment be not so settled by agreement, then the same shall be settled by two justices as provided in the M2 Lands Clauses Consolidation Act 1845 section 119: Provided nevertheless, that nothing herein contained shall prejudice or affect the right of any person or persons entitled to any charge or encumbrance on such land.

Textual Amendments

F4 Words in s. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 5

Marginal Citations

M2 1845 c. 18.

4 Form of grants, &c. E+W

All gifts, grants, conveyances, assurances, and leases of any site for a place of worship, or the residence of a minister, under the provisions of this Act, in respect of any land, messuages, or buildings may be made according to the form following, or as near thereto as the circumstances of the case will admit; (that is to say,)

“I [or We] under the authority of the Places of Worship Sites Act 1873 do hereby freely and voluntarily, and without any valuable consideration, [or,do, in the consideration of the sum of pounds to me or the said paid] grant [alienate] and convey [or lease] toA.B. all [description of the premises], and all [my or our or the right, title, and interest of the] to and in the same manner and every part thereof, to hold unto and to the use of the said and his or their heirs, or executors, or administrators, or successors, for the purposes of the said Act, and to be applied as a site for a place of worship, or for a residence for a minister, or ministers officiating in , or for a burial place, and for no other purposes whatever. [In case the site be conveyed to trustees, a clause providing for the removal of the trustees and in cases where the land is purchased, exchanged, or demised, usual covenants or obligations for title may be added.]

“In witness whereof, the conveying and other parties have hereunto set their hands and seals, the day of

“Signed, sealed, and delivered by the said

“in the presence of of .”

. . . . . . F5

Textual Amendments

F5 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

5 Church Commissioners may accept trusts. E+W

The persons herein-before specified may convey, by way of gift, sale, or exchange, any site or sites, not exceeding in the case of any one site the quantity aforesaid, for any of the purpose of the Church Building Acts, to the [F6 Church Commissioners], or as such Commissioners may direct and such Commissioners may also act as trustees for the purpose of taking and holding any sites granted under this Act; and all conveyances made under this present enactment shall be deemed to be made under the Church Building Acts, and the land conveyed shall vest in conformity with such conveyances and the Church Building Acts.

Textual Amendments

F6 Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)

6 Extent of Act. E+W

The Provisions of this Act shall not extend to Scotland or Ireland.

7 Short title. E+W

This Act may cited as “The Places of Worship Sites Act 1873.”