No. III. 3 & 4 W. 4, c. 37. CLXIII. That no lease or demise of any lands and premises to be made by any archbishop or bishop, or other ecclssiastical person, after the passing of this act, or by the said commissioners of any lands and premises vested or which may hereafter be vested in them pursuant to this act, shall be deemed or taken to be a letting, setting, or demising of any lands and premises within the meaning of an act passed in the second and third years of the reign of his Majesty king William the fourth, intituled An Act to amend Three Acts, passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Composition for Tithes in Ireland, and to make such Compositions permanent, so as to entitle the lessee or tenant thereof to hold the said lands and premises free from the payment of tithes or composition for 4, c. 119, so as tithes. No lease made by any archbishop, &c. after the pass. ing of act shall be deemed a lease within the meaning of 2 & 3 W. to entitle tenant to hold lands tithe-free. Notices under this act, how to be served. Power for commissioners to examine on oath. Schedules to be taken as part of act. CLXIV. That whenever any notice required to be given by this act, or whenever any service of any order or other proceeding of any court which shall be required or be necessary for carrying into effect any of the provisions of this act, cannot be given or delivered to or cannot be effected upon the party or person or persons to or for whom such notice is directed or intended, or upon whom such service is to be effected, it shall be sufficient for the party or person obliged to give such notice or effect such service to leave such notice, or a copy of such order or proceeding, at the last or most usual place of abode of such party or person or persons to or upon whom such notice is to be given or service effected, if the same shall be within Ireland, and if the same shall not be within Ireland, then to serve such notice or such copy upon the agent or receiver of the rents of such party or person or persons, and if such agent or receiver cannot be discovered, then it shall be sufficient to publish such notice, or to give notice of such order or proceeding, by publishing notice thereof three times in the Dublin Gazette, and also to give such notice to or make such service upon any principal occupier of any of the said lands and premises respectively to which such notice, order, or proceeding shall relate. CLXV. That the said commissioners under this act shall have power and authority, and are hereby empowered and authorized, from time to time to administer an oath to any person or persons who shall at any time give them information or be examined of or concerning any matter or thing relating to the execution of this act, or any way concerning the several powers and trusts in them hereby reposed, and the due execution thereof. CLXVII. That the Schedules (A.) and (B.) to this act annexed shall be deemed and taken to be part thereof as fully and entirely to all intents and purposes as if inserted herein. SCHEDULES. SCHEDULES (A.) PART THE FIRST. Containing the YEARLY TAX to be imposed upon all Benefices, Dignities, and other Spiritual Promotions under the Rank of Bishopricks. Value of Benefice. No. III. 3 & 4 W. 4, c. 37. Value of Benefice. Charge Charge No fractional part of a pound to be subject to this per-centage. No. III. 3 & 4 W. 4, c. 37. SCHEDULE (A.) Part the Second. Containing the YEARLY TAX to be imposed upon all Archbishopricks and Bishopricks. Ministers to places of worship in Scotland built by voluntary contribution, and [No. IV.] 4 & 5 W. 4, c. 41.-An Act to regulate the Appointment of Ministers to Churches in Scotland erected by voluntary Contributions. [30th July 1834.] WHEREAS in many parishes in Scotland the means of public worship provided by the established church of Scotland are inadequate to the extent of the population; and it is expedient to encourage the erection of additional places of worship by voluntary contribution: Be it therefore enacted, &c. That where any church, chapel, or other place of worship in Scotland, built or acquired and endowed by voluntary contribution, shall, according to the provisions of the existing law, be erected into a parochial church, either as an additional church within a parish already provided with a parochial church, or as the church of a erected into separate parish to be erected out of a part or parts of any existing parochial parish or parishes, whether the same be established and erected merely churches, to be quoad spiritualia by the authority of the church courts of the established appointed ac- church of Scotland, or also quoad temporalia by authority of the lords of cording to the council and session, as commissioners of teinds, neither the king's Mamode prejesty, nor any private person, nor any body politic or corporate, having scribed by the right to the patronage of the parish or parishes within which such church courts. additional churches shall be established, or out of which such new parishes shall be erected, shall have any claim, right, or title whatsoever to the patronage of such newly-established churches or newly-erected parishes; but the appointment of ministers thereto shall be made according to the manner and subject to the conditions which shall be C. 41. pa or have been prescribed by the said church courts, subject always to 4 & 5 W. 4, such alterations as shall be made by them according to the laws of the church from time to time: Provided always, That nothing in this act contained shall extend or be construed to extend to depriving his Saving the Majesty, or others, patrons of parishes in Scotland, of their right to rights of present ministers to the existing parochial churches thereof: Provided patrons. always, That neither any part of the stipends of ministers appointed Proviso for for the service of any such additional churches to be erected by volun- rishes in which tary contribution as aforesaid, nor any charge for the support or repairs are churches of any such church, school house, or other building appertaining to the erected by vosame, nor for the erection or support or repairs of any manse or build- luntary contriing for the residence of such ministers, nor for the provision of any glebe for any of such ministers aforesaid, nor for the support of any schoolmaster, shall be imposed on or become chargeable on the teinds or to the heritors of any parish or magistrates of towns in which any such church as aforesaid shall be erected or endowed by voluntary contribution as aforesaid: Provided also, That nothing herein contained Act not to commissioners shall be construed to limit or affect the powers of the commissioners of affect powers of of teinds under teinds exercised under and according to the provisions of the act of the 6 Ann,c. 9. (S.) Scottish parliament, sixth of queen Anne, c. 9, intituled An Act anent the Plantation of Kirks and Valuation of Teinds. bution. II. Provided always, That in every church or chapel which may be One fifth of erected under the authority of this act not less than one fifth part of sittings to be at church courts. the sittings therein shall be at rents to be fixed by the said church courts. rents fixed by III. Provided always, That this act shall not extend to any church or chapel built and endowed in any parish by the patron thereof, who shall Act not to exretain every right to which he would have been legally entitled had this tend to act never been passed into law. churches built IV. That if in any parish a church or chapel shall be built and in any parish endowed at the joint expence of the patron thereof and of one or more by the patron. heritors therein, and of no other persons, the legal rights of the patron Providing for shall take full effect as aforesaid, unless an objection shall be trans- churches built heritors only. mitted in writing to the moderator of the presbytery of the bounds, and by patron and signed by such a number of the heritors as shall have contributed one fourth part of the whole sum laid out or to be expended in the said building and endowment, in which case the said church or chapel shall fall within the provisions of this act. [No. V.] 4 & 5 W. IV. c. 90.-An Act to Amend an Act made in the Third and Fourth Year of the reign of His present Majesty, intituled An Act to alter and amend the Laws relating to the Temporalities of the Church of Ireland. [15th August 1834.] WHEREAS an act was passed in the last session of parliament, inti tuled An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland: And whereas it is expedient to amend the 3 & 4 W. 4, said act: Be it therefore enacted, That it shall and may be lawful c. 37. for the lord lieutenant or other chief governor or governors of Ire- The appointland for the time being, and his Majesty's privy council there, in the ment to sinecase of the deanery of Lismore now vacant, when they shall so think cure dignities pended by lord fit, at any time after the passing of this act, and in the case of any and may be susevery other ecclesiastical dignity or office under the rank of an arch- lieutenant and bishoprick or bishoprick, the person holding which shall not have actual council, on the cure of souls within any parish appropriated thereto, and also in the recommendacase of any and every rectory whereof the king shall be patron, or the tion of the ecright of presentation or collation whereunto shall be in any archbishop, clesiastical bishop, or other dignitary, or in any ecclesiastical corporation, and the commissioners. rector whereof shall not have actual cure of souls therein, whensoever after the passing of this act any such dignity, office, or rectory shall become void in any manner whatsoever, upon the recommendation of 3D 2 No. V. 4 & 5 W. 4, c. 90. Lord lieutenant the ecclesiastical commissioners for Ireland, signified by any instrument under their corporate seal, if the said lord lieutenant or other chief governor or governors and council shall so think fit to order and direct that the appointment to such dignity, office, or rectory shall be suspended until such lord lieutenant or other chief governor or governors and council shall think fit otherwise to direct; and in the meantime, and for and during such period as such dignity, office, or rectory shall remain vacant, all and every the tithes, glebes, lands, rents, profits, and emoluments whatsoever belonging or appertaining thereto, and all arrears of such tithes, rents, profits, and emoluments which may have accrued due since the same may have become void as aforesaid, shall be vested in and received by the said ecclesiastical commissioners, to be by them applied towards the like purposes as the other monies and funds accruing to or vested in them under the provisions of the said act; and the said ecclesiastical commissioners shall have all and every the like remedies for the recovery of such tithes, glebes, rents, lands, profits, and emoluments, and all arrears thereof, as any person filling such dignity, office, or rectory might or would have, and shall be for all such intents and purposes in the place and stead of such person: Provided always, That in the case of any such suspension as aforesaid it shall and may be lawful for the chapter of any diocese or cathedral church, or members thereof, to nominate and appoint some fit and proper person to perform and exercise all such acts and duties in relation to the propery of any such chapter or cathedral church or otherwise as might or ought to have been or be performed or exercised by any successor in such dignity or office so suspended if such successor had been appointed; and such person so nominated and appointed shall have all such powers and authorities, and be subject to all such liabilities, in relation to the performance of such acts and powers, spiritual or other duties, as any such successor, if duly appointed, would have had or been subject to; and all the acts of the person so appointed shall be of equal force and validity as the acts of any such successor if so appointed. II. Provided always, That if in any case it shall seem expedient to and privy coun- the lord lieutenant or other chief governor or governors of Ireland for cil empowered the time being and his Majesty's privy council there, to remove any to remove sus- such suspension and to give authority for the appointment to any office, pension. dignity, or rectory, subject to the severance therefrom of all and every the tithes, glebes, lands, rents, profits, and emoluments whatsoever appertaining thereto, it shall be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being and his Majesty's privy council there, to remove such suspension accordingly, on the condition herein-before contained. exercised. Patronage of III. Provided also, That whenever any right of presentation, nomisuspended dig- nation, or appointment to any vicarage or perpetual or other curacy nity, how to be shall be annexed or incident to any office, dignity, or rectory, the appointment to which shall be so suspended, then and in every such case such right of presentation, nomination, or appointment shall, upon every avoidance of such vicarage or perpetual curacy which shall happen during such suspension, belong to and be exercised by the same person or persons, or body or bodies corporate, by whom the right of appointment to such office, dignity, or rectory might have been exercised in case the same had not been suspended. Charges upon IV. And whereas it is by the said recited act, amongst other things, uspended be enacted, That it shall and may be lawful for the said commissioners to nefices, how to settle and adjudge the proportions of crown rents, port corn rents, penbe regulated. sions, procurations, synodals, and the salaries of the schoolmasters of the diocesan schools, which the incumbents of any parish or parishes divided or augmented pursuant to the provisions of the said recited act are respectively to pay: And whereas it is expedient that the said provision should be extended to other charges affecting such parishes; be it therefore enacted, That all duties, powers, and authorities which are imposed upon or vested in the said commissioners by virtue of the said |