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Act 8, 1863 (VIII) – Act anent Sales and Transference of Property. 29th May 1863. (As amended by Act 5, 1967 (V) – Act Effecting Emendations in Legislation Governing the Sale of Church Property)

The eneral Assembly hereby ENACT  and ORDAIN—

I.  That all applications for sale or transfer of Church property shall proceed from the Deacons’ Court, with concurrence of the Congregation, and shall have the sanction of the Presbytery of the bounds ; and that all such applications, on being received by the Clerks of Assembly, shall be communicated to the Custodier of title-deeds (or Committee charged with that matter), in order that he (or they) may be prepared to advise the Assembly or its Committee in reference to the application or provided the sale proposed is for the purpose of obtaining more suitable accommodation, that he may advise the Commission of Assembly, as the time of receiving the application may require.

II.  That when a property is to be sold, and the proceeds are forthwith to be applied to another property, to be substituted in lieu thereof, the Custodier of titles (or Committee) shall be directed to see the transaction carried into effect, and also to see that the title-deeds of the new property are taken in the same terms as those of the old, or in terms of the model trust-deed.

III.  When the proceeds of the property to be sold or transferred are not to be immediately applied, they shall be deposited or invested, in the mean time, in name of the General Treasurer of the Free Church, for behoof of the congregation.