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28 H. 8. c. 8.
28 H. 8. c. 14.
2 Eliz. c. 3.
[No. III.] 3 & 4 W. IV. c. 37.-An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland (1). [14th August 1833.] W WHEREAS it is expedient to make provision for the abolition of firs fruits in Ireland, and the substitution of an annual tax in lieu thereof; and it is also expedient that compulsory assessments by ves tries should be abolished in certain cases: And whereas the number of bishops in Ireland may be conveniently diminished, and the revenues of certain of the bishopricks, as well as the said annual tax, applied to the building, rebuilding, and repairing of churches and other such like ecclesiastical purposes, and to the augmentation of small livings, and to such other purposes as may conduce to the advancement of religion, and the efficiency, permanence, and stability of the united church of England and Ireland: And whereas the tenure by which church lands are held in Ireland is inconvenient, and it is expedient to alter the same in such manner as may tend to the ease and security of the church, and the advantage of the persons holding thereunder: Be it therefore Acts or parts of enacted, &c., That from and after the commencement of this act the acts repealed; several acts or parts of acts hereafter mentioned shall be repealed; (that is to say,) an act made in the parliament of Ireland in the twentyeighth year of the reign of king Henry the eighth, intituled An Act for First Fruits; an act made in the parliament of Ireland in the twentyeighth year of the reign of king Henry the eighth, intituled An Act for the Twentieth Part; so much of an act made in the parliament of Ireland in the second year of the reign of queen Elizabeth, intituled An Act for the Restitution of the First Fruits and Twentieth Part, and Rents reserved nomine Ten or Twenty, and of Parsonages Impropriate, to the Imperial Crown of this Realm, as relates to or concerns first fruits and twentieth parts, or the payment thereof; an act made in the parliament 2 G. 1, c. 15. of Ireland in the second year of the reign of king George the first, intituled An Act for confirming the several Grants made by Her late Majesty of the First Fruits and Twentieth Parts payable out of the Ecclesiastical Benefices in this Kingdom, and also for giving the Archbishops, Bishops, and other Ecclesiastical Persons some Years Time for the Payment of First Fruits; so much of an act made in the parliament of Ireland in 8 G. 1, c. 12, the eighth year of the reign of king George the first, intituled An Act for the better enabling of the Clergy having Cure of Souls to reside upon their Respective Benefices, and for the Encouragement of Protestant Schools within this Kingdom of Ireland, as relates to or concerns the payment of any sum of money by the trustees of first fruits therein mentioned; an act made in the parliament of Ireland in the tenth year 10 G. 1, c. 7. of the reign of king George the first, intituled An Act for amending an Act, intituled ' An Act for confirming the several Grants made by Her late Majesty out of the First Fruits and Twentieth Parts payable out of the Ecclesiastical Benefices in this Kingdom, and also for giving the Archbishops and other Ecclesiastical Persons Four Years Time for the Payment of First Fruits,' and for incorporating the Trustees and Commissioners of the said First Fruits; an act made in the parliament of Ireland in the 29 G. 2, c. 18. twenty-ninth year of the reign of king George the second, intituled An Act for amending and making more effectual the several Laws relating to the First Fruits payable out of the Ecclesiastical Benefices in this Kingdom, and for the better Regulation and Management of the Charitable Bequests of Doctor Hugh Boulter, late Lord Archbishop of Armagh, for augmenting the Maintenance of Poor Clergy in this Kingdom; an act made in the par29 G. 3, c. 26. liament of Ireland in the twenty-ninth year of the reign of king George the third, intituled An Act for the better enforcing the Payment of the First Fruits chargeable on the Clergy of this Kingdom; also an act made
(1) See the 4 & 5 W. 4, c. 90 post.
in the parliament of the united kingdom, in the forty-sixth year of the
reign of his late Majesty king George the third, intituled An Act for 3 & 4 W. 4, amending an Act passed in Ireland in the twenty-ninth year of King George the Second, intituled An Act for amending and making more effectual the several Laws relating to First Fruits payable out of Ecclesiastical 46 G. 3, c. 60. f: Benefices in this Kingdom, and for the better Regulation and Management of the Charitable Bequest of Doctor Hugh Boulter, late Lord Archbishop of Armagh, for augmenting the Maintenance of Poor Clergy in this Kingdom,' so far only as relates to the said Charitable Bequest; an act made
in the parliament of the united kingdom in the forty-third year of the 43 G. 3, c. 106. reign of king George the third, intituled An Act to enable the Commissioners of First Fruits in Ireland to lend certain Sums of Money (Interest free) to Incumbents of Benefices there, for the purpose of enabling them to erect or purchase Glebe Houses and Offices convenient for their Residence, and to purchase Glebe Lands fit and convenient for the Erection of such Houses and Offices; and to make Provision for the Repayment of all Loans so to be made by the said Commissioners; an act made in the parliament of the united kingdom in the forty-eighth year of the reign of king George 48 G. 3, c. 65. the third, intituled An Act to make more effectual Provision for the building and rebuilding of Churches, Chapels, and Glebe Houses, and for the Purchase of Glebe Lands, Glebe Houses, and Impropriations in Ireland;
an act made in the parliament of the united kingdom in the forty-ninth 49 G. 3, c. 103. year of the reign of king George the third, intituled An Act to amend an Act made in the last Session of Parliament, for making Provision for the building and rebuilding of Churches, Chapels, and Glebe Houses in Ireland; so much of an act made in the parliament of the united kingdom in the fourth year of the reign of king George the fourth, intituled An Act to and
amend the Laws for collecting Church Rates and Money advanced by the 4 G. 4, c. 86. Trustees and Commissioners of the First Fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands in Ireland, as relates to the making, applotting, raising, levying, or enforcing any rate, assessment, or cess for or towards the repairing, building, or rebuilding any churches or chapels in Ireland, or as relates to any loans made by the trustees and commissioners of the first fruits of ecclesiastical benefices in Ireland, or any instalments of sums payable to the said trustees and commissioners, or to any proceeding concerning any of the same; and the said several herein-before recited acts and parts of acts are hereby, from and after except as to the the commencement of this act, repealed accordingly, save and except repeal of formso far as the said recited acts or parts of acts, or any of them, repeal the er acts; as to whole or any part of any other act or acts; and also save and except so the recovery of far as relates to any acts, matters, and things done at any time before penalties; or the commencement of this act, all which acts, matters, and things shall as to the recovery of monies be and remain good, valid, and effectual, to all intents and purposes now or herewhatsoever, as if this act had not passed; and also save and except as to after due, and the recovery and application of any penalty for any offence which shall to bonds and have been committed previous to the commencement of this act; and securities for also save and except as to the recovery and application of any sum and the same. sums of money lent or advanced under or by virtue of any of said recited acts or parts of acts, and which may now be or at any time after become due, and also save and except so far as relates to all and every the bonds or other securities for the repayment of any such sum or sums of money, all which penalties, sums of money, and bonds or other securities, not by this act otherwise provided for, shall and may be sued for, recovered, and dealt with to all intents and purposes as if this act had not been passed.
II. That the lord primate of all Ireland, the lord high chancellor of Ireland, being a member of the united church of England and Ireland, commissioners the lord archbishop of Dublin, the lord chief justice of Ireland, being a to be appointed. member of the united church of England and Ireland, all now and hereafter for the time being, and also such four of the archbishops or bishops of Ireland as shall be appointed from time to time by his Ma jesty in council for the time being, by warrant under the sign manual,
3 & 4 W. 4, c. 37.
together with three proper and discreet persons, being members of the united church of England and Ireland, two of whom to be appointed from time to time by his Majesty in council by warrant under the sign manual, and the other to be appointed from time to time by the said lord primate and lord archbishop of Dublin for the time being, by writing under their respective hands and seals, shall be one body politic and corporate, by the name of the "Ecclesiastical Commissioners for Ireland," and by that name have perpetual succession and a common seal, and by that name shall and may sue and be sued, and shall have power and authority to take and purchase and hold lands, tenements, and hereditaments to them, their successors and assigns, for the purposes of this act, the statutes of mortmain, or any other act or acts, to the contrary hereof Commissioners notwithstanding: Provided always, That the said lord chancellor and to subscribe the lord chief justice, and said three other commissioners respectively, and following de- their successors for ever, do and shall, before acting under said commis
sion, and at the first meeting they shall respectively attend, subscribe in the book of the minutes of the proceedings of said commissioners a declaration in the words following:
'I DO hereby solemnly, and in the presence of God, testify and declare, That I am a member of the united church of England and Ireland, as by law established. Witness my hand this day of
His Majesty in III. That the said four bishops and the said three other commissioners council may re- shall be at all times removable by his Majesty in council by warrant move commis- under the sign manual; and that whenever by death, resignation, sioners and fill removal, or otherwise, any such bishop or person shall cease to be a
Salaries to commissioners.
salaries and in
commissioner under this act, then and in every such case it shall and may be lawful for his Majesty, by warrant as aforesaid, to appoint one other bishop or person in the place and stead of any such bishop, or in place and stead of either of such two persons appointed by his Majesty, so ceasing to be such commissioner respectively: and in case of the death, resignation, or removal of said commissioner appointed by the lord primate and the archbishop of Dublin, it shall and may be lawful for the said lord primate and archbishop of Dublin for the time being to appoint another proper and discreet person in the place and stead of the person so dying, resigning, or being removed as aforesaid; and any such bishop or person so to be appointed shall accordingly be and become to all intents and purposes one of the commissioners for the purposes of this act.
IV. That it shall and may be lawful for the lord lieutenant or other chief governor or governors to order and appoint such salary as he or they shall deem fit to be paid to the said three persons (not being bishops) to be appointed such commissioners as aforesaid, regard being had to the nature and extent of the duties to be performed, and to the responsibility which may attach to such persons respectively.
V. That it shall and may be lawful for the said commissioners to to appoint offi- appoint, during pleasure, such secretary and treasurer, and such other cers and pay subordinate officer or officers, as they in their discretion shall think necessary for the execution of the several duties and trusts hereby reposed cidental expen- in them; and the said commissioners shall, out of the several funds hereby vested in and made payable to them, pay such salaries as shall, pursuant to the provision herein-before contained, be appointed to be paid to the said three commissioners, and also such other salaries to the said secretary, treasurer, and other subordinate officer or officers as the said commissioners, by and with the approbation and consent of the lord lieutenant or other chief governor or governors, testified in writing under his or their hand or hands, shall from time to time think fit and allow; and the said commissioners shall also out of the said funds defray all such incidental charges and expences as shall become necessary in the execution of the several powers and trusts by this act, or by any act hereafter to be passed, reposed in them.
VI. That all acts, matters, and things (save as herein-after excepted) which the said commissioners are by any of the provisions of this act 3 & 4 W. 4, authorized or required to do and perform, shall and may be done and c. 37. performed by any three of such commissioners: Provided always, That such three commissioners be for such purpose assembled at a meeting, Three commiswhereof due notice shall have been given to all the said commissioners. sioners to form VII. Provided always, That no proceeding which requires to be a quorum. ratified and confirmed by the common seal of the corporation shall be As to proceedfinally concluded, nor the said seal affixed to any deed or instrument, ings requiring save at a meeting whereof notice shall have been in like manner given, to be ratified by and whereat one at least of the said episcopal commissioners shall be the common personally present: Provided always, That in case any episcopal commissioner, being the only episcopal commissioner present, should object to the ratification and confirmation of any such proceeding as aforesaid, or to the affixing of such seal to any deed or instrument as aforesaid, such ratification or affixing of the seal shall not take place till a subsequent meeting of the commissioners, of which due notice shall have been given.
VIII. That at each meeting of the said commissioners the commis. Who to be sioner first in rank and precedence there present shall preside as chair- chairman. man, and in case of the equality in rank and precedence of all the commissioners so present, then the senior commissioner in the order of appointment shall so preside; and the chairman at all such meetings shall not only vote as a commissioner, but shall also, in case of the equality of votes, have the casting or decisive vote.
IX. That the secretary or other officer of the said commissioners Secretary to shall keep a book, in which he shall make minutes of the proceedings keep a book. of the said commissioners at their several meetings, and enter the names of the commissioners present thereat; and such entry of the proceedings at each meeting shall be signed by the chairman thereof.
X. That the said commissioners shall once in every year, within Commissioners fourteen days after the first day of August, make a report to the lord to make a relieutenant or other chief governor or governors of Ireland for the time port to lord lieutenant and being, under the hands and seal of the said commissioners, of their pro. return an acceedings under this act for the year preceding ending on such first day count to be laid of August, and shall also return with said report an account of all their before parliareceipts and disbursements during the like period, distinguishing the ment once in specific sources from which all monies may be derived, and showing the every year, or total amount derived from each such source, together with the specific oftener if repurposes to which the receipts have been applied; and such report and quired. account shall be laid before both houses of parliament; and the said commissioners shall also, at all other times when and as thereunto required by the lord lieutenant or other chief governor or governors for the time being, deliver to him or them a report of their proceedings, and return an account of their receipts and disbursements under this act, for and during such period as they may be so required.
XI. That the said commissioners shall frame and prepare such rules, Commissioners orders, and bye laws, not being contrary to the provisions in this act to make rules contained, nor to the laws of that part of the united kingdom called Ire- and bye laws, land, as the said commissioners shall judge most convenient for the to be approved by lord lieutebetter government of such corporation, and the management and dis- nant. posal of the funds hereby vested in them for the several purposes of this act, and for the more effectual execution of the several powers and trusts hereby reposed in them; and all such rules, orders, and bye laws, being approved and confirmed by the lord lieutenant or other chief governor or governors of Ireland, by writing under his or their hand or hands, shall be good, valid, and effectual, and shall be sufficient in all courts to justify all persons who shall act pursuant to the same; and it shall be lawful for the said commissioners, by and with the consent and approbation of the said lord lieutenant or other chief governor, from time to time to annul or alter such rules, orders, and bye laws, or to make others in lieu thereof or in addition thereto, which, being duly
3 & 4 W. 4,
confirmed as aforesaid, shall be good, valid, and effectual to all intents
An account to XII. That the governors and directors of the bank of Ireland shall
Payments of first fruits to
XIII. That from and after the commencement of this act all payments, of first fruits in Ireland shall cease and determine for ever; and that all archbishops, bishops, archdeacons, deans, rectors, vicars, and all other ecclesiastical persons, and their successors, in Ireland, shall be for ever hereafter excused, acquitted, and discharged, as well against his present Majesty, his heirs and successors, as against the trustees and commissioners of first fruits in Ireland, and all other persons whatsoever, of and from the payment of all and all manner of first fruits issuing out of ecclesiastical benefices payable by the clergy in Ireland, by whatsoever name the same are called, and by whatsoever right or title the same did or now may belong to the crown, or to the said trustees and commisNothing herein sioners, or any other person or persons: Provided always, That nothing to acquit per- herein contained shall extend or be construed to extend to exonerate, sons of arrears. acquit, or discharge any persons, their heirs, executors, or adminis
trators, from paying and satisfying all and every the arrears of first
Commissioners XIV. That the said ecclesiastical commissioners shall make or cause
Tax when to be payable.
chauntry, free or other chapel, perpetual curacy, or any other benefice
XV. That the said yearly tax shall be paid half-yearly in equal moie-