No. III. 3 & 4 W. 4, c. 37. United bene fices to be taxed singly. Benefices an nexed to be valued separately. When a bishoprick is void, who shall execute powers of this act. When archbishoprick of Dublin void, who shall execute powers of this act. Bishopricks in the first column of the Schedule (B.) to this act annexed to be united to the bishopricks named in the second column, &c. thereto respectively, as such archbishop or bishop would have used and exercised if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such archbishop or bishop respectively, and the same, for all the purposes of this act, shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop Provided that the peculiars belonging to any archbishoprick or bishoprick, though locally situate in another diocese, shall continue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesiastical jurisdiction. XXX. That where any two or more dignities, benefices, vicarages, or perpetual curacies shall be held by one incumbent, that the same shall be valued and taxed as a single benefice: Provided always, That in case any dignity or benefice be attached or annexed to or held together with any archbishoprick or bishoprick, such dignity or benefice, and such archbishoprick or bishoprick, shall be separately valued and taxed according to the respective scales contained in the schedules to this act annexed, and as if such benefice or dignity, and such archbishoprick or bishoprick, were held and enjoyed by several persons. XXXI. That whensoever and as often as any of the archbishopricks or bishopricks in Ireland shall happen to be void, that then the dean of the cathedral church where the see of such archbishoprick or bishoprick being void shall happen to be, or the vicar general of the diocese, being in holy orders, or any archdeacon of the diocese, according to the direction or order of said commissioners, to be made or given in writing under the seal of the said commissioners, shall, during the vacancy thereof, be charged and chargeable and is hereby required to do or cause to be done all and every thing and things for the due execution of this act, within the diocese of such archbishoprick or bishoprick, as the same archbishop or bishop of the see being void should have done, according as it is limited and appointed by this act, or by any thing herein contained: Provided always, 'T'hat during the vacancy of the archbishoprick of Dublin it shall be lawful for said commissioners to order, direct, and appoint the dean of Saint Patrick's, or the vicar general of such diocese, being in holy orders, or archdeacon of Dublin, to do and perform all and every the matters and things for the due execution of this act within such diocese as such archbishop should have done, according as it is limited and appointed by this act, or any thing herein contained. XXXII. And whereas his Majesty has been graciously pleased to signify that he has placed at the disposal of parliament his interest in the temporalities and custody thereof of the several bishopricks and archbishopricks mentioned in this act and the Schedule (B.) thereto annexed; be it therefore enacted, That the bishoprick of Waterford, now void, shall from and after the passing of this act, and the other bishopricks named in the first column of the Schedule (B.) to this act annexed shall, when and as the same may severally become void, be thenceforth united to and held together with the bishoprick or archbishoprick mentioned in conjunction therewith respectively in the second column of the said Schedule (B.); and that the archbishops or bishops of the archbishopricks or bishopricks in such second column named shall, at such times respectively as before mentioned, be and become, by virtue of this act, and without further grant, installation, or ceremony whatsoever, bishops respectively of the said bishopricks named in such first column in conjunction therewith, and shall have and exercise all and every the ecclesiastical patronages and jurisdictions in appointing, collating, and presenting to all and every the dignities, rectories, vicarages, curacies, chapelries, or other offices or promotions, and all other jurisdictions whatsoever, by whatever name called, known, or described, lawfully had, used, exercised, and enjoyed by the respective bishops of the said bishopricks in the first column of the said Schedule (B.) named, as also the right of nominating and appointing to all and every the offices of chancellor, vicar general, official, principal registrar, and all other eccle No. III. c. 37. asiastical offices of or belonging or appertaining to such last-mentioned bishopricks respectively; and his most excellent Majesty, his heirs and 3 & 4 W. 4, successors, shall at all times thereafter grant each such bishoprick in the first column of the said Schedule (B.) named, together with the bishoprick or archbishoprick to which it may have been united in manner aforesaid, to be held by one and the same person. XXXIII. Provided always, That if any bishoprick mentioned in the If bishoprick in second column of the said Schedule (B.) shall become void before the second column union of such bishoprick with the bishoprick mentioned in the first of Schedule column of the said Schedule, then the bishop of the bishoprick men- (B.) becomes tioned in the first column shall become, by virtue of this act, and with- void before out further grant, installation, or ceremony whatever, bishop of the union of such bishoprick in such second column named in conjunction therewith, and bishoprick in first column, shall have and exercise all powers and authorities of the bishop of such then such united bishopricks: Provided always, That nothing herein contained bishop to be shall authorize or empower any bishop of a bishoprick mentioned in the bishop of such first column of the said schedule as hereafter to be united to the bishoprick. dioceses of Armagh or of Dublin, to become, by virtue of this act, archbishop of Armagh or of Dublin. sent a fellow of XXXIV. Provided also, That it shall and may be lawful for the arch- Archbishops of bishop of Armagh and archbishop of Dublin, and they are hereby Armagh and required, to select from and out of the benefices belonging to each of Dublin emthe bishopricks in the first column of the said Schedule (B.) mentioned powered to preand now in the gift or collation of the respective bishops thereof, one Trinity college benefice not exceeding the annual value of one thousand pounds, and to to a benefice, to return a list of the several benefices so selected, under their episcopal be selected as seals, to the said lord lieutenant or other chief governor or governors of herein menIreland, and his Majesty's privy council there, for their approval, and tioned. when approved by the said lord lieutenant or other chief governor or governors and council, such list shall be registered in the rolls office of his Majesty's court of chancery in Ireland, together with such approval; and upon each and every avoidance of the said benefices so selected happening from time to time after the said bishopricks to which the same may respectively belong shall have become united to any other bishopricks by virtue of this act, it shall and may be lawful for the said archbishop of Armagh and archbishop of Dublin to nominate and present to each such benefice one of the fellows or ex-fellows of the college of the holy and undivided trinity, near Dublin, being in holy orders: Provided always, That in case the said two archbishops shall not be Proviso in case able to agree in such nomination and appointment, or shall decide of disagreement upon the person to be appointed to the said vacant benefice, the first of the archturn therein to be exercised by the archbishop of Armagh, and if on the bishops. vacancy of any of the said benefices so selected as aforesaid, the said archbishop shall not present thereto some such fellow or ex-fellow within such period as any patron ought to present to a benefice in his gift or presentation, then and in such case the right of presentation or collation to such benefice shall, for that turn, devolve to the bishop of the diocese, and be in all respects subject to the ordinary law of lapse; Provided always, That until the said bishopricks shall have become united to any other bishopricks under the provisions of this act, nothing herein contained shall alter or affect the right of presentation or collation to any of the benefices so selected as aforesaid, as at present enjoyed or possessed; and provided further, that any fellow of Fellow so the said college who shall accept any such benefice shall vacate his elected to vafellowship at such time and in such manner as according to any statute, by law, or usage of the said college, fellowships are vacated ship. upon the acceptance of any living in the gift or disposal of the said college. cate his fellow XXXV. Provided also, That the said ecclesiastical commissioners Commissioners under this act shall, from and out of the revenues of each bishoprick in to make good in the first column mentioned, when and as the same shall become deficiencies vested in them, make good to the bishop thereof becoming, by virtue happening to bishops by the No. III. 3 & 4 W. 4, c. 37. union of bishopricks. Temporalities of bishopricks in first column of the said Schedule (B.) vested in the commissioners under this act. of bishop of Waterford to be recovered by commis sioners. of the provision hercin-before contained, bishop of the bishoprick men- ♫ tioned in conjunction therewith in the second column of the said schedule, the sum or sums of money (if any) whereby the revenues of such bishoprick in such second column mentioned shall fall short of the : revenues of such bishoprick in such first column mentioned. XXXVI. Provided nevertheless, That all and singular the lands, tenements, and hereditaments respectively belonging or in anywise appertaining to the bishopricks in the first column of the said schedule (B.) named, together with all and singular the tithes, rents, and emoluments whatsoever to such bishopricks respectively appertaining or belonging, shall, in the case of the said bishoprick of Waterford, from and after the passing of this act, and in the case of the other bishopricks in the said schedule (B.) mentioned shall, from and after the times when such bishopricks shall become respectively void or united to any other bishoprick as aforesaid, be and the same are hereby transferred to and vested in the said ecclesiastical commissioners and their successors for ever, subject however to all leases, rents, charges, and incumbrances now or at the time of such transfer legally affecting the same, save and except the annual tax, rate, or assessment by this act authorized to be imposed and levied; and that all the rents, revenues, issues, profits, and other emoluments in any manner arising or accruing to the said commissioners and their successors from or out of any of the said bishopricks shall be received and applied by such commissioners and their successors to, for, and upon the several trusts, uses, and purposes in this act mentioned, and subject to and under the like rules and regulations as are herein declared and expressed of and concerning the said annual tax vested in and made payable to the said commissioners and their successors. Arrears of rent, XXXVII. That all arrears of rent and other temporal profits and &c. since death emoluments which have accrued due for or in respect of the see of Waterford since the said bishoprick of Waterford has become void shall by virtue of this act, and without any writ of restitution or other process whatever, be in like manner transferred to and vested in the said commissioners, to, for, and upon the like trusts, uses, and purposes, and subject to the like rules and regulations, as aforesaid; and that the said commissioners shall and they are hereby authorized and empowered, either by action of covenant or debt, or by action on the case, as for use and occupation, to sue for and recover all and every the arrears of rent due, or which shall have accrued or become due since the death of the said late bishop of Waterford; and that it shall and may be lawful for the said commissioners, and they are hereby authorized and empowered, to distrain for such arrears and every part thereof, and shall and may avow generally for the same. Commissioners to pay sums charged on bishoprick of Waterford to executors of deceased. XXXVIII. And provided also, That the said commissioners shall and they are hereby required and directed to pay and satisfy the executors or administrators or assigns of Doctor Richard Bourke, late bishop of Waterford, by such instalments, to be made in such manner and at such periods from and after the passing of this act, as any successor to such bishoprick then appointed would have been bound or liable if any such successor had been appointed on or before the first day of January one thousand eight hundred and thirty-four, all and every such sum and sums of money which, pursuant to any law or statute in force in Ireland at the passing of this act, could or might have been recovered by such executor or administrator from or against the successor of the said late bishop of Waterford in case this act had not been passed; and Commissioners provided further, that the said commissioners shall by such instalments, shall pay sums to be made in such manner and at such periods from and after such charged on bi- respective vacancies of the other bishopricks, save and except the shopricks here- bishopricks of Ossory and of Cork and Ross, named in the first column after to be sup- of the schedule (B.) to this act annexed as aforesaid, or from and after pressed. the annexation thereof to any other bishoprick under provisions hereinbefore contained, as any successors thereto would have been respectively No. III c. 37. bound or liable if such successors had been appointed, pay to and satisfy the person or persons, or his or their respective executors, administra- 3 & 4 W. 4, tors, or assigns, as the case may be, by whose promotion or death such vacancy shall have occurred or been occasioned, or who shall become the bishop of any united bishopricks, all and every such sum and sums of money as by force of any law or statute or usage has or have heretofore been charged upon the said other bishopricks upon the same becoming void respectively, and which would have been payable to and recoverable by such persons respectively, or their respective executors, administrators, or assigns, from or against their respective successors in such bishopricks, in case this act had not been made. XXXIX. That in the case of the said bishoprick of Waterford it shall Commissioners and may be lawful for the said commissioners from and after the passing may demise see of this act, and in the case of the other bishopricks named in the first houses of biscolumn of the Schedule (B.) to this act annexed, save and except the hopricks bebishopricks of Ossory and of Cork and Ross, it shall and may be lawful coming vacant. for such commissioners at and after such times as the said bishopricks shall become respectively vacant, or united to any other bishoprick or archbishoprick as aforesaid, and such commissioners are hereby empowered, by and with the consent of the lord lieutenant or other chief governor or governors in Ireland, to be testified in writing under his ir their hand or hands, to demise for any term of lives or years, or lives ind years, with a covenant to make void the said demise in case of assigning or subletting, and for such rent or fine as shall be specified in and by such consent as aforesaid, the see house and offices, and all or any part of the mensal or demesne lands of or belonging to the said bishoprick of Waterford, or to the said other bishopricks, save as aforesaid: Provided always, That if the bishop for the time being of the bishoprick to which such bishoprick of Waterford, or such other bishoprick, save as aforesaid, shall be united by virtue hereof as aforesaid, do and shall, with and by the like consent as aforesaid, to be testified as aforesaid, elect and choose the see house of such bishoprick of Waterford, or such other bishoprick, save as aforesaid, to be and continue for ever to be the see house of such united bishoprick, it shall not be lawful for the said commissioners so to demise the said see house and offices 30 selected and chosen as aforesaid, nor the mensal or demesne lands thereof or thereto respectively belonging; and in such case it shall be and become lawful for the said commissioners, and they are hereby empowered, by and with the like consent as aforesaid, to be testified as aforesaid, to demise, in like manner and upon the like terms as aforesaid, the see house and offices of the bishoprick to which such bishoprick of Waterford, or such other bishoprick, save as aforesaid, shall be united as aforesaid, by virtue of this act, together with any part of the mensal or demesne lands thereof or thereto respectively belonging, instead of the see house and mensal or demesne lands of such bishoprick of Waterford or other bishopricks so respectively becorning vacant, or united to any other archbishoprick or bishoprick, save as aforesaid. XL. Provided always, That if such consents as aforesaid be not reci- Bishopricks ted in the respective deeds of demise aforesaid, and if the said deeds of now and to be demise do not contain such covenant as aforesaid against assigning or vacant. subletting, or be not respectively executed by the said commissioners in the manner herein-before directed as to the execution of deeds by said Recitals and commissioners, and the said bishops of the bishopricks which shall be- parties necescome united in manner aforesaid, for the time being respectively, that sary to deeds of then the said demises shall be respectively null and void to all intents houses. and purposes whatsoever. demise of see XLI. That it shall be lawful for the said commissioners, when and When bishop80 soon as the said bishoprick of Ossory and bishoprick of Cork and rick of Ossory Ross shall be, under the provisions of this act, united to the bishopricks and bishoprick of Ferns and Leighlin and of Cloyne respectively, in like manner to of Cork and demise, with the like consent and subject to the same covenants as Ross shall be No. III. 3 & 4 W. 4, c. 37. united to Ferns, and Leighlin and to Cloyne respectively, the see houses, Application of rents and fines. Notwithstand ing preference of the new see house, the sums payable in re spect of see house by the successors to continue payable. their union. aforesaid, the see houses and offices and all or any part of the mensal or demesne lands of or belonging to the said bishopricks of Ferns and Leighlin and of Cloyne respectively; and the see houses and offices and mensal or demesne lands to the said bishopricks of Ossory and Cork and Ross respectively belonging shall be and become thenafter the see houses, offices, and mensal or demesne lands of such united bishopricks of Ossory and of Ferns and Leighlin and of Cork and Ross and of Cloyne respectively. &c. of Ferns and Leighlin and of Cloyne shall be sold or exchanged. XLII. That the fines arising or to arise from such demises as aforesaid, together with the rents to be thereby respectively reserved, shall be applied and disposed of by said commissioners for the several purposes, and subject to the like rules and regulations, as are herein mentioned with respect to the said annual tax hereby vested in and made payable to said commissioners. XLIII. Provided, That all and ev the sum and sums of money which, pursuant to any law or statute in force in Ireland, would or might have become payable by or recoverable against the successor or successors in the bishoprick or archbishoprick to which any see house and offices so demised, pursuant to such choice and selection as aforesaid, may have theretofore belonged, shall be and become and remain payable by and recoverable against such successor or successors therein notwithstanding the selection or choice of any other see house under the provision herein-before contained, and as if such see house so demised had continued to be the see house of such bishoprick. Providing for XLIV. That the said commissioners shall, by such instalments, to be payment of the made in such manner, and at such periods from and after the respective liabilities upon periods when the bishoprick of Ferns and Leighlin shall become united the several bishopricks of to the bishoprick of Ossory, and the bishoprick of Cloyne united to that Ferns, &c. after of Cork and Ross, as any successors thereto would have been respectively bound or liable if such successors had been appointed, pay to the persons or their representatives by whose promotion or death, or who shall become the bishops respectively of such united bishopricks, all and every such sum or sums of money as would have been payable by or recoverable against the several successors in the said bishoprick of Ferns and Leighlin and bishoprick of Cloyne respectively in case this act had not been passed; and the bishops of such united bishopricks of Ferns and Leighlin and of Ossory shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishoprick of Ossory would have been in case this act had not been passed; and the bishops of such united dioceses of Cloyne and of Cork and Ross shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishoprick of Cork and Ross would have been in case this act had not been passed: Provided that nothing herein contained shall, in the event of the now bishops of Ossory and of Cork and of Ross becoming respectively bishops of such united bishopricks, alter or affect the liabilities to them respectively of their successors. vested in them by the provi sions of this act. Leasing powers XLV. That the said commissioners shall have all such and the like granted to powers of granting, conveying, exchanging, leasing, and demising all commissioners or any part of the lands, tenements, and hereditaments, and possessions with respect to (save and except the see houses, offices, and mensal or demesne lands bishopricks herein-before provided for,) of or belonging or appertaining to the said bishoprick of Waterford, or to the said other bishopricks in the first column of the said schedule mentioned respectively, when the same shall, pursuant to the provisions of this act, be respectively vested in the said commissioners, as the bishops thereof have respectively heretofore had and enjoyed by virtue of any law in force at the passing of this act; and that all and every act or acts enabling such bishops respectively to grant, convey, exchange, lease, or demise such lands, tenements, or hereditaments, and possessions as aforesaid, or any part thereof, or disabling or restraining them respectively from so doing, |