No. III. 3 & 4 W. 4, c. 37. Certain parts of 7 G. 4, c. 72, repealed. where the Parish Churches have been long in Ruins, any cathedral church shall have been or shall be made use of as a parish church, it shall and may be lawful for the said commissioners, and they are hereby required, to contribute to the repairs of such cathedral and parochial churches, in such proportion as has been agreed upon by and between the dean and chapter, or chapter, of such cathedral church, and by the protestant inhabitants of the parish or union in which such church is situate, that the inhabitants thereof should contribute to the rebuilding, enlarging, and putting into and keeping in repair of such cathedral and parochial churches; and if it shall happen that no such agreement as aforesaid shall have been made by and between the parties aforesaid, it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, and the privy council thereof, upon the petition of the dean and chapter or of the said commissioners, finally to adjust and ascertain the proportions in which such deans and chapters, or chapters, and said commissioners shall so respectively contribute for the purposes aforesaid; and the sums necessary and sufficient for such purposes shall be from time to time apportioned and paid accordingly by the said deans and chapters, or chapters, and said commissioners respectively, subject however to the regulations hereafter mentioned with respect to monies to be expended in such purposes. LXV. That from and after the commencement of this act, and save as herein-after provided, so much and such parts of an act made in the parliament of the united kingdom in the seventh year of the reign of his late Majesty king George the fourth, intituled An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens and the Maintenance of Parish Clerks, in Ireland, as herein-after mentioned, shall be and the same are hereby repealed; (that is to say,) so much and such parts of the said act as authorize and enable the archbishop or bishop of any diocese wherein any church which shall be made cathedral and parochial, or any cathedral church which shall have been made use of as a parish church, under the said recited acts made in the 21st year of king George the second, or the 39th year of king George the third, is situate, to adjust and ascertain the proportions in which the deans and chapters and inhabitants shall respectively contribute as aforesaid to the rebuilding, enlarging, or keeping in repair of such churches; and also so much and such parts of the said act as authorize the making or levying of any church rate or parish cess or assessment for any of the following purposes, namely, the building, rebuilding, enlarging, or repairing of the church or chapel of any parish, union of parishes, or chapelry, or of any cathedral and parochial church, or cathedral made use of as a parish church, the providing things necessary for the celebration of Divine Service therein or in any of them, as required and authorized by any rubric or canon in force in England or Ireland, the providing a salary for the maintenance of any parish clerk or sexton, or the clerk of any chapelry or chapel of ease, or the defraying of the expences of such building, rebuilding, enlarging, or repairing, or other necessary charges, or any of them, or the taking of any other proceedings in relation to such rate, cess, or assessment, for any of the foregoing purposes; and from and after the commencement of this act it shall not be lawful for any vestry called or holden in or for any parish, union, or chapelry, or place in Ireland, or for any person or persons, to make or levy any rate or assessment for any church purposes whatsoever, but all such rates or assessments upon any parish, union, chapelry, or place, or the inhabitants thereof or any or them, for any of the said purposes, and all proceedings for the making, assessing, applotting, or levying the same, shall, from and after the commencement of this act, wholly cease and determine; any law, custom, or usage to the contrary notwithstanding: Provided always, That every rate, assessment, or applotment for any church purpose whatsoever shall be and shall be deemed to be by all courts of justice totally void as to so much thereof c. 37. as provides for the aforesaid church purposes or any of them, any thing No. III in the said act of the seventh of George the fourth to the contrary 3 & 4 W. 4, notwithstanding: Provided that nothing herein contained shall be deemed, taken, or construed to make void the said rate or assessment as to so much thereof as shall have been assessed or applotted for any other purposes. LXVI. That from and after the commencement of this act it shall not Loans by board be lawful to make, applot, or levy any rate or assessment in any parish, of first fruits union, chapelry, or place, for the purpose of repaying, by instalments or for building otherwise, any loan or loans heretofore made by the trustees and com- churches remissioners of the first fruits of ecclesiastical benefices in Ireland, for the mitted. purpose of building, rebuilding, enlarging, or repairing the church or chapel of any such parish, union, chapelry, or place, but that all sums 80 lent and advanced and remaining unpaid shall be and the same are hereby remitted and discharged; and all obligations to the king's Majesty or otherwise, in the nature of collateral securities, for the repayment of such advances, shall be deemed and taken to be satisfied; Provided that nothing herein contained shall affect or repeal any provision contained in any act or acts heretofore made in order to enforce the due application of any sum or sums of money so advanced, or the refunding thereof if not so applied. LXVII. That from and after the commencement of this act the in- Yearly estimate cumbent, or, in his absence, the officiating curate or minister officiating of expences to as curate of every parish, union, or chapelry, or perpetual curacy, in Ire- be transmitted land, and the dean and chapter, or chapter, of every such cathedral and to ordinary. parochial church, or cathedral used as a parish church, in Ireland, shall and he and they are hereby required, on or before the first day of Noember in this present year, and on or before the first day of June in each and every succeeding year, to prepare or cause to be prepared an estimate of such sum or sums of money as will be necessary, according to his or their belief, for the ordinary repairs of the church or chapel of such parish, union, chapelry, or perpetual curacy, or of such cathedral and parochial church, or cathedral used as aforesaid respectively, for the ensuing year, and for providing things necessary for the celebration of divine service in every such church or chapel of any such parish, union, chapelry, or perpetual curacy, for such ensuing year, which estimate shall contain the several items and particulars of all the matters and things for which such sum or sums shall or may be required necessary for such church or chapel; and such estimate shall be transmitted by such person or persons whose duty it is to prepare the same to the ordinary of the diocese on or before the first day of December in this present year, and on or before the first day of July in each and every succeeding year, together with a certificate under the hand or hands of such person or persons, stating that according to his or their belief the several matters and things contained in such estimate are or will be necessary or proper to be done or executed or provided for the use of or in the church or chapel of such parish, union, chapelry, or perpetual curacy, or such cathedral and parochial church, or cathedral used as aforesaid, as the case may be, and that the charges for the same and every of them as contained in such estimate are reasonable and proper charges; Provided always, That such estimate, except in the case of cathedral churches, before it be sent to the ordinary of the diocese, shall be first approved of by the rural dean of the deanery in which the church or chapel to which such estimate shall relate shall be locally situate, which approval shall be certified by signature affixed to such estimate. LXVIII. That upon the receipt of such estimate and certificate as Bishop or oraforesaid the archbishop, bishop, or other ordinary of the diocese dinary to wherein such church or chapel shall be situate, or in case of the illness certify. or absence from Ireland of such archbishop, bishop, or other ordinary, or during the vacancy of the see, then that the vicar general of such diocese shall and he and they are hereby required, when such estimate No. III. 3 & 4 W. 4, c. 37. shall have been approved of by him, to signify his approbation thereof by certifying such approbation at the foot of such estimate, and to transmit such estimate, with such certificate of approbation thereof, to the said commissioners, who are hereby required to take the same into Commissioners their consideration; and they are hereby authorized and required to to grant such grant the amount required by such estimate and certificate for the sum as they purposes aforesaid, or any of them, or such lesser sum as they in their may think fit. discretion shall think fit, and to issue and pay the same to such person or persons, in such manner, and subject to such regulations as they ahall⠀ think fit. Payment of LXIX. That the said commissioners shall pay or cause to be paid clerks' salaries. on the first day of September in each year, in such manner as they shall think fit, for the maintenance of all and every the person or persons who at the passing of this act shall be clerk or clerks of any parish, union, or chapelry, or of any chapel of ease, (not being within the county of the city of Dublin or the suburbs thereof,) in which there shall be a church or chapel fit for the celebration of divine service according to the rites and ceremonies of the united churches of England and Ireland, the following salaries, so long as such person or persons shall be and continue to be such clerk or clerks as aforesaid; that is to say, for the clerk of every such parish in the church or chapel whereof there shall be Divine Service usually celebrated on Sundays and festival days and also on two common days at least in the week, a sum not exceeding twenty pounds nor less than ten pounds, and in all other cases a sum not exceeding ten pounds nor less than five pounds, as and for the maintenance and maintenances of every such clerk respectively for the year next ensuing, and in satisfaction and lieu of all other fees, dues, and allowances whatever alleged or claimed to be payable to such parish clerk under any usage or Salaries of clerks to be hereafter appointed. Commissioners may advance money for extra ordinary repairs, &c. Judge or judges of assize, &c. may grant compen custom. LXX. That the said commissioners are hereby authorized and required to grant any sum or sums, not exceeding the sums of twenty pounds and ten pounds respectively above mentioned, which they in their discretion shall think fit, as and for the maintenance of any person or persons who shall from and after the passing of this act be appointed to the office of such clerk or clerks of such churches or chapels as aforesaid, and which salary shall also be in lieu and satisfaction of all other fees, dues, and allowances whatever alleged or claimed to be payable to such clerk under any usage or custom. LXXI. That if any church or chapel of any parish, or any such cathedral and parochial church, or cathedral used as a parish church, shall, by reason of any accidental injury or other unforeseen event, be in immediate want of any extraordinary repairs or rebuilding or expenditure thereon, or if it should become necessary to enlarge any such church or chapel, the said commissioners appointed under this act, upon the application of such dean and chapter, or chapter, or of the incumbent, or in his absence of the officiating curate or minister of such parish, approved by the ordinary of the diocese, shall and may pay and apply such sum or sums of money as they shall think fit and necessary, or as by the provisions of this act they are bound to contribute with respect to any such cathedral and parochial church, or cathedral used as aforesaid, in making or executing such extraordinary repairs, or rebuilding or enlarging of any such church or chapel, or such cathedral and parochial church, or cathedral used as aforesaid. LXXII. That if any church, chapel, or other building used for religious worship according to the usage of the united church of England and Ireland shall be maliciously or wantonly demolished, pulled down, burned, or set fire to, or in any manner maliciously or wantonly injured sation for malicious injury or or damaged, it shall and may be lawful for the said ecclesiastical comdamage to missioners, or any person or persons to be by them deputed in that churches, to be behalf, by writing under their common seal, to sue for and recover satislevied by grand faction and amends for such malicious or wanton demolition, burning, No. III. c. 37. firing, or injury or damage as aforesaid, at the next assizes to be held for the county in which such church, chapel, or other building may be 3 & 4 W. 4, situate, or if in the county of Dublin, at the next presenting term, or if in the city of Dublin, at the next quarter sessions for the said city, by exhibiting to the judge or judges of assize, or to the court of king's jury presentbench for the said county of Dublin, or to the recorder of the city of ment. Dublin if at such quarter sessions a petition, praying such satisfaction and amends as aforesaid, and therein setting forth particularly the injury or damage done or committed, and the particular amount and nature thereof, by what number of persons such injury or damage was be done or committed, and the names or descriptions of such offenders, so far as the same shall be known to the petitioners; and the matter of such petition shall be inquired into by such judge or judges of assize, or court of king's bench, or recorder, in open court, in the presence of the grand jury impanelled and sworn at such assizes or presenting term or sessions, on the oath of such person or persons as may be proeduced to testify as to the same; and if on consideration of the matter such judge or judges of assize, or recorder, shall be of opinion that such demolition, burning, firing, or other injury or damage was wantonly or maliciously done, such judge or judges shall inquire into the amount of such injury or damage done or committed as aforesaid; and the said grand jury shall thereupon, and they are hereby required, pursuant to the directions of such judge or judges, court of king's bench, or recorder as aforesaid, to present such sum or sums of money as shall appear to be the amount of the injury or damage committed as aforesaid Es to be raised either on the county, county of a city or town, barony, town or towns, parish or parishes, in or near which such offence shall have been committed, and in such proportions as they shall think fit; which sum or sums so presented as aforesaid shall be applotted, levied, and raised by such ways and means and in such form or manner as other public money presented at the said assizes, or presenting term, or sessions; and such monies shall be paid to the said commissioners, or to the person or persons by them deputed as aforesaid, and be by such commissioners applied to rebuild or repair such church, chapel, or other building, and be for such purpose expended by such person or persons in such manner and subject to such regulations and security for the due application thereof as they shall think fit: Provided that if any person or persons shall find himself, herself, or themselves aggrieved by any presentment to be made in pursuance of this act, such person or persons, in case the sum so presented do exceed the sum of five pounds, shall or may, at the said assizes, or presenting term, or sessions, traverse the same; which traverse shall be tried at the same or next ensuing assizes, presenting term, or sessions, as the judge or judges who shall allow the same shall think fit; and if on such traverse the issue shall be found for the traverser, such presentment shall be discharged, otherwise the same shall be final and conclusive to all persons; and in case the said issue shall be found against the traverser, it shall and may be lawful to and for the judge before whom the same shall be tried, in case he shall see fit, to award the costs thereof to be paid by the traverser, to be taxed and certified by the clerk of the crown, the payment whereof may be enforced, if necessary, by a summary order of his Majesty's court of king's bench in Ireland: Provided always, that the said Notice thereof commissioners, or the person or persons by them deputed as aforesaid, to be given or the rector, curate, or other officiating minister, or, in case of vacancy within ten days of the benefice, any two inhabitants of the parish, within thirty days after offence after such offence shall have been committed, shall give notice thereof committed. to the high constable of the barony and to the churchwardens of the parish where such offence shall have been committed (if such high constable or churchwardens shall respectively reside within such barony and parish), who are hereby required forthwith to publish the same within such barony and parish; and if such high constable or churchwardens shall not reside therein as aforesaid, then such notice shall be given to some two inhabitants of such barony or parish. Traverse of presentment love 51. to be tried at same or next assizes. No. III. 3 & 4 W. 4, c. 37. LXXIII. That in all parishes and places where, by virtue of any law, statute, or custom, provision may heretofore have been made, by vestry or other assessment, for the maintenance of any curate, lecturer, clerk, or other minister or assistant in the celebration of Divine Worship, or attendant or sexton, such provision by vestry or other assessment shall from and after the passing of this act wholly cease and determine; and heretofore made by vestry it shall and may be lawful for the said commissioners under this act, by assessment for and out of the proceeds of the said annual tax, and the other funds as maintenance of aforesaid by this act vested in them, to provide for all such purposes in curates, &c. such manner and proportions as to them shall seem fitting. shall cease, and commissioners shall provide for same. Any provision Expenditure of LXXIV. Provided always, That it shall be lawful for the said comsuch money to missioners, and they are hereby authorized, to appoint such sum or be controuled sums of money to be expended under such rules and regulations, and by commission- security for ensuring the due application thereof, as they in their discretion shall think fit. ers. Accounts to be furnished to LXXV. That every such incumbent, dean and chapter, or chapter, or other person or persons who shall have received from the said commiscommissioners. sioners any sum or sums of money for any of the purposes herein-before mentioned, shall, within one year from the receipt of such sum or sums of money, return and transmit to the said commissioners a full statement and account of the expenditure of such sum or sums of money, and shall, if required by the said commissioners, verify the truth thereof upon oath, which oath any vicar general, surrogate, justice of the peace, master or master extraordinary in chancery, is and are respectively hereby empowered and required to administer. Commissioners may sue for money unac counted for or unapplied. Commissioners may apply surplus monies. Commissioners may advance part of surplus for building churches in certain cases. LXXVI. That it shall be lawful for the said commissioners to sue for any part of any sum or sums of money granted for any of the purposes aforesaid which may be unapplied or not duly accounted for as herein directed, or any surplus thereof after the execution of the said purposes, by civil bill before the assistant barrister of the county wherein such church and parochial church or cathedral used as aforesaid in respect whereof the same may be due shall be situate, provided that such sum sued for by such civil bill shall not exceed the sum of fifty pounds, and if the same shall exceed the sum of fifty pounds, then by action in any of his Majesty's superior courts in Ireland: And provided further, That if the person retaining the same or not duly accounting shall be possessed of any ecclesiastical benefice or other ecclesiastical emolument, then the said commissioners shall take proceedings to recover the same by process of sequestration, which sequestration shall be applied for and issued on the certificate of the said commissioners, in the manner and subject to the regulations herein-before directed as to sequestrations in any other case to be applied for by the said commissioners. LXXVII. That when and so soon as in any year the said commissioners shall have in their hands any surplus or balance, after due provision shall have been made for the several objects and purposes hereinbefore mentioned, and not sooner, it shall and may be lawful for the said commissioners to apply and dispose of such surplus, or any part thereof, in such proportions as to the said commissioners shall seem fit, for all or any of the objects herein-after mentioned. LXXVIII. That it shall and may be lawful for the said commissioners to advance or apply, out of the said surplus fund and monies at their disposal as aforesaid, such sum or sums as they shall think fit for the purpose of building churches or chapels of ease in any parish or place in Ireland, provided that an application in writing shall be made to such commissioners, through the bishop of the diocese, for such purpose, by at least twenty of the inhabitants of such parish or place, accompanied by a plan and estimate of the expence of building such church or chapel of ease, and that such application shall signify the willingness of the persons making the same to contribute or procure to be contributed, in such proportions as may have been mutually agreed upon by them, a sum not less than one-fifth of the whole expence as stated in such estimate, for the purpose of building such church or chapel of ease; and |