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IRISH CHURCH ACT 1869 - SECT 34

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

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, ... where the fee simple of the land subject to such rent... 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 may be sold to the owner of the land out of which they
issue for such consideration as is determined by the Ministry of Finance under
section two of the Tithe Rentcharge and Variable Rents Act (Northern Ireland),
1930, as amended by section one of the Finance (Miscellaneous Provisions) Act
(Northern Ireland), 1949.]

Para.(3) rep. by SLR 1980; para.(4) rep. by SLR (NI) 1954; para.(5) rep. by
SLR 1980

(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 [Belfast 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 the
purchase money to the Commissioners within three months after the giving of
such notice as aforesaid:

(8)"Owner of land" for the purpose 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.

Ss.3542 rep. by SLR 1893 (No.2); SLR (NI) 1954; SLR 1980

Ss.4347 rep. by SLR 1893 (No.2)

Ss.4851 rep. by SLR (NI) 1954; SLR 1980

Power of Commissioners to accept mortgages as security for a portion of
purchase money.



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© 1869 Crown Copyright

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