« AnteriorContinuar »
4 & 5W. 4,
Purchases made under provisions of recited act to extend to this a:t.
Church estimates to be prepared and transmitted at such times, and calculated for such periods as the commissioners shall think fit to direct.
Ecclesiastical commissioners empowered to provide for the purposes heretofore defrayed by vestrv assessment for part of the year 1833.
or called in question by reason of any such notice or notices not hav been given as aforesaid, nor by reason of any imperfection in any sue notice or notices.
XXXIX. That all the provisions in the said recited act contained, in relation to the purchases thereby authorized, and to the consequences thereof, as well with reference to the parties immediately interested, and their rights and liabilities, as to those having derivative and other interests, and their rights and liabilities, in all other respects whatsoever, shall, so far as the nature of the case will admit, extend and be applicable to the purchases by this act authorized to be made, and to the consequences thereof.
XL. And whereas it is by the said recited act amongst other things enacted, that the officiating curate or minister officiating as curate of every parish, union, chapelry, Ot perpetual curacy in Ireland, and the dean and chapter or chapter of every such cathedral and parochial church or cathedral used as a parish church in Ireland, shall, on or before the first day of June in each and every year succeeding the year one .thousand eight hundred and thirty-three, prepare or cause to be prepared such estimate containing such items and particulars as are in the said act mentioned, and that 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 July in each and every year succeeding the said year one thousand eight hundred and thirtythree; and it is by the said recited act further enacted, that the said ecclesiastical commissioners shall pay or cause to be paid on the first day of September in each year, for the maintenance of all and every the person or persons who at the passing of the said act was or were, or should thereafter be appointed clerk or clerks of such parish, union, or chapelry, or chapel of ease, as therein mentioned, certain salaries, or to grant certain allowances in the said act mentioned: And whereas it is expedient that the respective periods for preparing and transmitting such estimate and for paying such sums as aforesaid should be left to the discretion of the said ecclesiastical commissioners; be it therefore enacted, That the said estimates shall be prepared and transmitted at such convenient times, and shall be made and calculated for such period, commencing on such day and ending on such day in each year, as the said ecclesiastical commissioners shall from time to time think fit to direct and signify by writing under their corporate seal to the person or persons whose duty it may be from time to time to prepare and transmit the same; and that such payments on account of salaries or maintenance to clerks heretofore or hereafter to be appointed shall be made at such convenient time in each year as the said commissioners shall appoint and direct; any thing in the said recited act contained to the contrary hereof notwithstanding.
XLI. And whereas it was by the said recited act provided, That all rates or assessments upon any parish, union, chapelry, or place, or the inhabitants thereof, or any of them, for certain purposes in the said act mentioned, and all proceedings for the making, assessing, applotting, or levying the same, should from and after the commencement of the said act wholly cease and determine, and that every rate, assessment, or applotment for any church purpose whatsoever should be and be deemed to be by all courts of justice totally void as to so much thereof as provides for the church purposes, or any of them, in such act mentioned; and it was also by the said act provided, that in all parishes and places where by virtue of any law, statute, or custom provision may have been theretofore made by vestry or other assessment for the maintenance of any curate, lecturer, clerk, or other minister or assistant in the celebtation of Divine Worship, or attendant or sexton, such provision by vestry or other assessment should from and after the passing of the said act wholly cease and determine, and future provision for such church and other purposes was made by the said act from and after the commencement 'No. V. thereof: And whereas it is necessary, by reason of the said enactments, 4 & 5 W 4, that provision should be made for the purposes aforesaid for the period c. 90.
of the year one thousand eight hundred and thirty-three intervening be- * v'
tween the commencement of the said act and the Easter week next preceding, and also for all such charges and expences incurred previous to the commencement of the said act as would or ought to have been defrayed by vestry assessment in case the said act had not been made; be ■it therefore enacted, That so much of the said recited act as disables any vestry called or holden in or for any parish, union, chapelry, or place, or any person or persons, from making, assessing, applotting, or levying any rate or assessment for any of the purposes in the said act mentioned, and so much of the said act as authorizes and requires the said ecclesiastical commissioners to issue and pay the sums required for the several matters and things by such act directed to be included in the estimates to be annually transmitted to the said commissioners, or as authorized the said commissioners to make provision for the maintenance of any curate, lecturer, clerk, or other minister or assistant in the celebration of Divine Worship, or attendant or sexton, in lieu of any provision by vestry assessment or otherwise theretofore made for such purposes by any law, statute, or custom, shall take effect and be deemed to have taken effect from the commencement of the Easter week in the said year one thousand eight hundred and thirty-three, and that any such rate or assessment made in such week, or at any time after and previous to the commencement of the said act, shall be utterly null and void in so far as respects any of the church purposes in the said act mentioned, but no further; and that supplementary estimates for the said period intervening between Easter week in the said year one thousand eight hundred and thirty-three and the commencement of the said act shall with all convenient speed be prepared, certified, and transmitted to the said commissioners in manner and form by the said act prescribed in respect of the annual estimates to be transmitted to the said commissioners.
XLII. And whereas it was by the said recited act provided, That Upon proof certain parts of an act made in the parliament of the united kingdom in 'hat notice of the seventh year of his late Majesty king George the fourth, intituled appeal against An Act to consolidate and amend the Laws which regulate the Levy and !?tes rendered Application of Church Rates and Parish Cesses, and the Election SSfiy 72 Churchwardens, and the Maintenance of Parish Clerks, in Ireland, should na9 \' be and the same were thereby repealed, but doubts and difficulties have mjy'
arisen as to the mode of obtaining relief against such rates and assess- proceed to hear ments as have been rendered illegal by such repeal, by reason of the re- the same withcognizances, notices, and other formalities made necessary by the said out recogniact of the seventh year of his late Majesty king George the fourth in zances having order to constitute an effectual appeal against any assessment or applot- been entered ment under the said last-mentioned act, and it is expedient to obviate '"to. all such doubts and difficulties, and to facilitate the trial of every such appeal upon the merits; be it therefore enacted, That it shall not be necessary for any person who shall appeal to the justices of the peace at the general or quarter sessions of the peace to enter into any recognizance whatsoever, either by himself or with any security or securities, but that the justices before whom such appeal shall come on to be tried shall, upon proof that a notice in writing of such appeal was given to the incumbent or curate, or to both, or one of the churchwardens and three householders of the parish, chapelry, or union, six clear days at the least before such general or quarter sessions, proceed to hear and determine such appeal upon the merits, and to award costs not exceeding five jwunds against either party, as to them shall appear just.
XLIIL That at every vestry to be hereafter at any time called or Every parisliioholden in any parish, union* or chapelry, for the purpose of making any ner to vote at
No. V. cess, rate, assessment, or applotment whatsoever, it shall be lawful for 4 & 5 W. 4, every parishioner, of whatever religious persuasion he may be, who c. 90. shall be chargeable to such cess, rate, assessment, or applotment in such
» v 'parish, union, or chapelry, to vote at such vestry respecting every matter
vestries with- or business therein brought forward.
uot distinction. XLIV. That it shall be lawful for the said ecclesiastical commisCommissioners sioners to inquire into and ascertain the amount of all such sums as may enabled to have been, at or previous to Easter week in the said year one thousand ascertain the eight hundred and thirty-three, charged or chargeable upon any parish, amount of union, or chapelry, for or on account of any balance of account, costs, Char"e^ on damages, or expences due to any churchwarden, or to any clerk or sexCarisfies for ton *°r n'8 mamtenance, aQd also the amount of any arrears of vestry purposes for cess accrue due and not collected for the years one thousand eight hunwhi«h vestry dred and thirty-one or one thousand eight hundred and thirty-two with assessments are which any churchwarden may have been charged in his account, and now prohibited, which he may have paid and cannot recover, and also the amount of all and to pay sums which any churchwarden or person may have paid or for which them off. he may be liable on behalf of any parish, union, or chapelry, for any purpose now executed, and for which a vestry assessment may have been made in the year one thousand eight hundred and thirty-one or one thousand eight hundred and thirty-two or one thousand eight hundred and thirty-three, not exceeding the arrears due upon such assessment; and the said commissioners, having satisfied themselves of the amount of all such sums as aforesaid, shall, in such manner and to such extent, and subject to such regulations as they in their discretion shall think just and necessary, pay the said sums to the persons respectively entitled thereto.
Commissioners XLV. And whereas it is necessary, in order to enable the said eccleof public works 8iasticai commissioners to provide for the purposes heretofore defrayed iend^the eccle^ ^v vestl7 assessment according to the provisions of the said recited act siastical com-" an<^ tu*s act' tnat sucu commiss'oners should be empowered to borrow missioners a a sum °^ monev by wav °f mortgage or loan on the credit of the funds sum not ex- accruing to them under the provisions of the said act; be it therefore ceeding enacted, That it shall and may be lawful for the commissioners acting
100,0001. under and in execution of an act made in the second and third years of the reign of his present Majesty, intituled An Act for the Extension and Promotion of Public Works in Ireland, by and with the consent and approbation of the lords commissioners of his Majesty's treasury, to lend and advance to the said ecclesiastical commissioners such sum or sums of money, not exceeding in the whole one hundred thousand pounds, as they shall think proper, to be repaid to the said commissioners for the extension and promotion of public works in Ireland in such manner and at such times, with interest for the same, at and after such rate, not exceeding four pounds per centum per annum on the sum or sums so advanced, as the said commissioners of the treasury shall direct and require; and all sums so lent and advanced shall, with the interest from time to time accruing due thereon, be and the same are hereby charged upon all and every the rents, issues, and profits of all lands, tenements, or hereditaments, and the annual tax and the proceeds thereof, and all and every sum or sums of money, or securities for money, vested in or which shall accrue to the said ecclesiastical comjnissioners and their successors under and by virtue of the said act, and all interest, dividends, profits, and proceeds thereof; and the said ecclesiastical commissioners are hereby authorized and required to pay such sums of money, and such interest from time to time accruing due thereon, when and as the same shall become due and payable respectively, pursuant to the order and direction of the said commissioners of the treasury, from and out of the produce of the said rents, issues, and profits, and the said tax, and the other funds vested in or accruing to such ecclesiastical commissioners under the said act, prior and in preference to any other application thereof.
XLVI. That the said recited act of the last session of parliament for altering and amending the laws relating to the temporalities of the church in Ireland shall continue in full force and effect, save and except so far as the same is expressly repealed or altered by this present act and that the said recited act and this act shall be construed together as The recited act one act to all intents and purposes whatsoever. to continue in
full force save as altered by this act, and both acts to be construed together.
[No. VI.] 5&6 W. IV. c. SO.—An Act for Protecting the Revenues of vacant Ecclesiastical Dignities, Prebends, Canonries, and Benefices, without cure of Souls, and for Preventing the lapse thereof during the pending inquiries respecting the state of the Established Church of England and Wales. [21st August 1835.]
[Inserted ante, vol. I., p. 12.]
TREASON AND OTHER OFFENCES AFFECTING THE STATE
[No. I.] 3 & 4 W. IV. c. 4.—An Act for the more effectual suppression of Local Disturbances and Dangerous Associations in Ireland.
[No. II.] 4 & 5 W. IV. c. 38.—An Act to continue under certain Modifications to the First day of August, 1835, an Act of the Third Year of his present Majesty, for the more effectual suppression of Local Disturbances and Dangerous Associations in Ireland.
[No. in.] 4 & 5 W. IV. c. 48.—An Act for the better Prevention and more speedy Punishment of Offences endangering the Public Peace in Ireland.
[31st August 1835.]
"Y^HEREAS heinous and systematic outrages and disturbances of the peace have from time to time prevailed in several parts of Ireland,
and it is expedient to provide for the speedy and effectual prosecution .ord lieute- and suppression of such offences; be it therefore enacted, &c, That it anantincoun- shall and may be lawful to'and for the lord lieutenant of Ireland, by and il may order ^th the concurrence of his Majesty's privy council in Ireland, from n extraordi- tjme t0 time, ag occasion shall require, to order and direct that an extra,ary court of ordinary court of general
sessions of the peace shall be holden in and o b^hoTden"5 ^or any eountv m Ireland, at such place or places therein, and at such or any county *'me or time8> as such lord lieutenant and council may deem proper; n Ireland. and such lord lieutenant shall thereupon nominate and appoint one of his Majesty's Serjeants or counsel to preside at any such sessions or any adjournment thereof, and act as chairman thereof; and such serjeant or counsel, so long as he shall continue to hold the said office, shall, without further appointment or commission, have all the powers of a justice of the peace, and be to all intents and purposes a justice of the peace in, of, and for the county in which such extraordinary court of sessions of the peace shall be holden, and shall receive such sum, not exceeding ten guineas for each day during which he shall be so engaged as to such lord lieutenant shall seem fit. Such court to II. That each such court shall have and exercise all rights, powers, lave powers of jurisdictions, privileges, authorities, functions, and capacities apperiny court of taining, incident, or belonging to any court of oyer and terminer and >yer and ter- general gaol delivery, or to any court of general quarter sessions of the inner, Sec. peace, provided that no person shall be indicted or tried before such court for any offence rendering the person convicted thereof liable to the punishment of death; and that every justice of the peace, coroner, clerk of the crown, and clerk of the peace, and other person who may have any recognizance, information, inquisition, examination, deposition, or other document which would have been returnable to the next court of oyer and terminer and general gaol delivery or general or quarter sessions for the same county, shall return the same to the said extraordinary court holden in pursuance of such order and direction, if relating